Terms and Conditions

GENERAL TERMS AND CONDITIONS OF SALE

Preamble

This notice is made for the site “https://www.designinluce.com” (Site) owned by ARQUITECTONICA SRL, located at via flaminia vecchia 855 ROMA RM 00191 IT, with VAT no. 04427051000 (Seller).

Art. 1. Scope of application

1.1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (arts. 45 et seq.) of Legislative Decree September 6, 2005, no. 206 (Consumer Code) and by Legislative Decree April 9, 2003, no. 70, containing the regulation of electronic commerce.

1.2 The General Terms and Conditions of Sale apply to all sales made by the Seller on the Site. The terms indicated are to be understood as working days, excluding Saturday, Sunday, and national holidays.

1.3 The General Terms and Conditions of Sale may be modified at any time. Any changes and/or new conditions will be in effect from the moment of their publication on the Site. You are therefore invited to regularly access the Site and consult, before making any purchase, the most updated version of the General Terms and Conditions of Sale.

1.4 The applicable General Terms and Conditions of Sale are those in effect on the date of submission of the purchase order.

1.5 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Seller that may be present on the Site through links, banners, or other hyperlinks. Before engaging in commercial transactions with such parties, it is necessary to verify their sales conditions. The Seller is not responsible for the provision of services and/or for the sale of products by such parties. The Seller does not perform any control and/or monitoring on the websites accessible through such links. The Seller is therefore not responsible for the content of such sites nor for any errors and/or omissions and/or legal violations by them.

1.6 You are required to carefully read these General Terms and Conditions of Sale as well as all other information that the Seller provides on the Site, even during the purchasing process.

1.7 Submitting the purchase order constitutes acceptance of these General Terms and Conditions of Sale.

Art. 2. Purchases on the Site

2.1 Purchasing on the Site

registration on the Site may occur
is allowed for both users who qualify as consumers and users who qualify as professionals. According to art. 3, I paragraph, letter a) of the Consumer Code, it is noted that a consumer is a natural person who acts for purposes unrelated to the entrepreneurial, commercial, professional, or artisanal activity possibly carried out; while according to art. 3, paragraph I, letter c) of the Consumer Code, a professional is a natural or legal person who acts in the exercise of their entrepreneurial, commercial, artisanal, or professional activity, or an intermediary thereof.

2.2 The Seller reserves the right to refuse or cancel orders that come from:

from a user with whom the Seller has an ongoing legal dispute
from a user who has previously violated the General Terms of Sale
from a user who has been involved in crimes
from a user who has provided false, incomplete, or otherwise inaccurate identifying data or who has not timely sent the documents requested by the Seller or who has sent invalid documents.

Art. 3. Registration on the Site

3.1 To register on the Site you must fill out the appropriate form, entering the following data:

email
password.

3.2 You agree to immediately inform the Seller in case you suspect or become aware of any improper use or improper disclosure of the access credentials to the Site.

3.3 The registered user on the Site guarantees that the personal information provided is complete and truthful and agrees to hold the Seller harmless and indemnified from any damage, liability for compensation, and/or sanction arising from and/or in any way related to the user's violation of the rules on registration to the Site or on the retention of registration credentials and/or from the provision of false, incomplete, or otherwise inaccurate personal data, without prejudice to the Seller's right to proceed with the disabling of the user's account.

Art. 4. Information directed to the conclusion of the contract

4.1 In accordance with Legislative Decree April 9, 2003, no. 70 containing provisions regarding electronic commerce, the Seller informs you that:

to conclude a purchase contract on the Site, you must fill out an electronic order form and send it to the Seller electronically, following the instructions that will appear from time to time on the Site
the contract is concluded when the order form reaches the Seller's server
once the order form is received, the Seller will send you a confirmation of the order to the indicated email address containing:
- the information regarding the characteristics of the purchase
- the price indication
- the indication of the payment method used
- the indication of delivery charges.

Art. 5. Availability of Products

5.1 The Products offered on the Site are in limited quantity. It may therefore happen, also due to the possibility that multiple users purchase the same Product simultaneously, that the ordered Product is no longer available after the transmission of the purchase order.

5.2 The Site contains information regarding the availability of each Product.

5.3 You will be informed in case of unavailability of the ordered Product. In this case, you will have the right to terminate the purchase contract pursuant to and for the effects of what is provided for by art. 61, IV and V paragraph, of the Consumer Code.

5.4 Alternatively, you may accept:

if a restock is possible, a delay in delivery terms, offered by the Seller, with indication of the new delivery date
if a restock is not possible, the Seller will provide a different product of equivalent or higher value, subject to payment, in this latter case, of the difference, and prior express acceptance by the user.

5.5 If a refund is requested for the purchase of Products that later turned out to be unavailable, the Seller will issue the refund within a maximum period of 15 days.

5.6 If you exercise the right of withdrawal under art. 61, IV and V paragraph, Consumer Code, the contract is terminated; if the payment of the total amount due, consisting of the price of the Product, shipping costs, if applicable, and any other additional costs, as resulting from the order (Total Amount Due), has already occurred, the Seller will refund the Total Amount Due in accordance with the provisions of the article "Payment Methods" below.

Art. 6. Information Sheet

6.1 Each product is accompanied by an information page that illustrates its main features (Information Sheet). The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. However, the colors of the Products may differ from the actual ones due to the settings of the computer systems or computers you use to view them. The images of the Product in the Information Sheet may also differ in size or in relation to any accessory products. Therefore, these images should be understood as indicative and with tolerances for use.

Art. 7. Prices

7.1 All prices of the Products published on the Site are understood to include Value Added Tax.

7.2 The Seller reserves the right to change the price of the Products at any time, without notice, provided that the price charged to you will be that indicated on the Site at the time of placing the order and that any subsequent changes (increases or decreases) after the submission will not be taken into account.

7.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds to submit it.

7.4 The use of discount vouchers is governed on the site based on the following principles:

If the value of the discount code is lower than that of the order, the remaining amount can be completed according to the payment methods provided on the site.
Discount codes cannot be combined for a single purchase.
Discount codes can also be used for the purchase of products already on promotion.
Discount codes can also be used for payments of amounts lower than their value; in this case, the remaining discount amount cannot be credited back and is considered lost.
Each discount code can be used for a single purchase only.
Under no circumstances do discount codes entitle to change in the case of purchases of lower amounts.
In the event of cancellation for any reason of an order for which a discount code has been used, the corresponding amount will be credited back to the customer's personal account.
Under no circumstances can discount vouchers be converted into cash.

Art. 8. Purchase Orders

8.1 The Seller will ship the Products only after receiving confirmation of payment authorization or the actual credit of the Total Amount Due. Ownership of the Products will be transferred to you at the time of shipment, understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, will instead be transferred to you when you, or a third party designated by you and different from the carrier, physically take possession of the Products.

The Service you have chosen will be performed only after the payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after submitting your purchase order, it is determined that you have not paid in full or in part the Total Amount Due.

8.2 The purchase contract is resolutely conditioned on the non-payment of the Total Amount Due. Unless a different written agreement has been made with you, the order will consequently be canceled.

8.3 To place a purchase order, it is necessary to read and approve these General Conditions of Sale by selecting the appropriate box on the purchase process pages. Failure to accept these General Conditions of Sale will result in the inability to make purchases on the Site.

Art. 9. Payment methods

9.1 The following payment methods are accepted on the Site:

Payment card.

9.2 The Seller accepts credit cards from the following networks:

VISA
MasterCard (Cirrus Maestro)
American Express
ApplePay
GooglePay
Maestro
Shop Pay

They are, in any case, indicated in the footer of every page of the Site.

The charge will be made only after (i) the data of your payment card used for payment have been verified and (ii) the issuing company of the payment card you used has granted authorization for the charge.

In accordance with directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the user is informed that they may be required to complete the purchase process by meeting the authentication criteria required by the payment institution responsible for managing the online payment operation. The authentication criteria refer to the identity of the user (to meet this criterion, the user must be registered on the Site at the time of the purchase operation) and to the simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the above-described procedure may imply the inability to finalize the purchase on the Site.

The confidential data of the payment card (card number, cardholder, expiration date, security code) are encrypted and transmitted directly to the payment processor without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used for the payment of the Products.

The charge will be made at the time of order transmission.

Art. 10. Delivery of Products

10.1 There are no delivery limitations, except in cases possibly indicated on the Site and/or in the Product Sheet.

10.2 Delivery is chargeable for orders less than or equal to €150.00; for amounts above, delivery is free.

10.3 From the date of order submission, the Products will be delivered within 5 days and, in any case, within thirty days from the date of conclusion of the contract.

10.4 It is your responsibility to verify the condition of the delivered Product. While the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and different from the carrier, physically take possession of the Product, the Seller recommends that you check the number of Products received and that the packaging is intact, undamaged, not wet, or otherwise altered, including the sealing materials, and you are invited, in your interest, to indicate any anomalies on the carrier's transport document, accepting the package with reservation. In the event that the packaging shows obvious signs of tampering or alteration, it is advisable to promptly inform the Seller. In any case, the application of the rules regarding the right of withdrawal (if applicable to the Product) and the legal warranty of conformity remains firm.

10.5 ALWAYS SIGN WITH RESERVATION AT THE TIME OF DELIVERY AND REPORT ANY hidden damages within 24H of receiving the package
Signing with reservation does not incur additional costs and is an unwaivable right, even if the courier is in a hurry. WITHOUT THIS SIGNATURE, THE INSURANCE WILL NOT BE VALID AND ANY DAMAGE FROM TRANSPORT WILL NOT BE RECOGNIZED.

Art. 11. Right of withdrawal

11.1 If you are a consumer, you have the right to withdraw from the purchase contract of the Product without having to provide any reason and without incurring costs other than those provided for in this article within the fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:

a. in the case of an order for a single Product, from the day on which you or a third party, other than the carrier and designated by you, takes physical possession of the Products;

b. in the case of a Multiple Order with separate deliveries, from the day on which you or a third party, other than the carrier and designated by you, takes physical possession of the last Product; or

c. in the case of an order for the delivery of a Product consisting of lots or multiple pieces, from the day on which you or a third party, other than the carrier and designated by you, takes physical possession of the last lot or piece.

11.2 To exercise the right of withdrawal, you must inform the Seller, before the expiration of the Withdrawal Period, of your decision to withdraw.

11.3 You have exercised your right of withdrawal within the Withdrawal Period if the communication regarding the exercise of the right of withdrawal is sent by you before the expiration of the Withdrawal Period. This communication must be sent in the following manner:

Email: info@designinluce.it

Please note that since the burden of proof regarding the exercise of the right of withdrawal before the expiration of the Withdrawal Period rests with you, it is in your interest to use a durable support when communicating your withdrawal to the Seller.

11.4 In the event of exercising the right of withdrawal, you must deliver the Product to the registered office indicated in the header of these General Sales Conditions.

11.5 The direct costs of returning the Products are your responsibility as well as the liability for their transport.

11.6 If you withdraw from the contract, the Seller will proceed to refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which the Seller was informed of your decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that you have returned the Products using a carrier of your choice and at your own expense, the Seller may suspend the refund until the Products are received or until you have demonstrated that you have returned the Products, if earlier.

11.7 You are solely responsible for the decrease in value of the goods resulting from handling of the Product that is different from that necessary to establish the nature, characteristics, and functioning of the Product. The Product must still be stored, handled, and inspected with normal diligence and returned intact, complete in every part, perfectly functioning, accompanied by all accessories and instruction sheets, with identification tags, labels, and the tamper-proof seal, where present, still attached to the Product and intact and unaltered, as well as perfectly suitable for the intended use and free of signs of wear or dirt. The withdrawal also applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.

11.8 In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from handling of the good that is different from that necessary to establish the nature, characteristics, and functioning of the Product, the Seller reserves the right to deduct from the refund amount an amount equal to such decrease in value. The Seller will notify you of this circumstance and the resulting reduced refund amount within 5 days of receiving the Product, providing, in the event that the refund has already been issued, the bank details for the payment of the amount owed by you due to the decrease in value of the Product.

11.9 In the event that the withdrawal has not been exercised in accordance with the applicable regulations, it will not result in the termination of the contract and, consequently, will not entitle you to any refund. The Seller will notify the user within 5 (working) days of receiving the Product, rejecting the withdrawal request. The Product will remain with the Seller at your disposal for collection, which must take place at your expense and under your responsibility.

11.10 In the case of partial withdrawal from Multiple Orders, the amount of delivery charges to be refunded to you will be calculated proportionally to the value of the Product subject to withdrawal. Therefore, if for example, you have placed a total order of 200.00 Euros, which includes two Products, the first worth 50.00 Euros and the second worth 150.00 Euros, and you return the Product worth 150.00 Euros, you will be refunded an amount equal to 75% of the delivery charges incurred. In any case, the amount of delivery charges to be refunded cannot exceed the amount actually paid.

Art. 12. Legal Warranty

All Products sold on the Site are covered by the Legal Warranty of Conformity provided for by articles 128-135 of the Consumer Code (Legal Warranty).

Who it applies to

The Legal Warranty is reserved for consumers. It therefore applies only to users who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity carried out.

When it applies

The Seller is responsible to the consumer for any conformity defect of the Product that manifests within two years from such delivery. The conformity defect must be reported to the seller, under penalty of forfeiture of the warranty, within two months from the date it was discovered.

Unless proven otherwise, it is presumed that conformity defects that manifest within six months from the delivery of the Product existed at that date, unless this assumption is incompatible with the nature of the Product or the nature of the conformity defect. From the seventh month following the delivery of the Product, it will be the consumer's burden to prove that the conformity defect existed at the time of delivery.

To benefit from the Legal Warranty, the consumer must first provide proof of the date of purchase and delivery of the good. It is advisable, therefore, that the consumer keeps the purchase invoice or any other document that can attest to the date of the purchase (for example, the payment card statement) and the date of delivery for such proof.

In the event of contract termination, the Seller will refund the consumer the total amount paid, consisting of the purchase price of the Product, shipping costs, and any other additional costs. In the case of a price reduction, the Seller will refund the amount of the reduction, previously agreed upon with the consumer. The amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.

The Seller is not responsible for any damages of any kind arising from improper use of the Product and/or non-compliance with the instructions provided by the manufacturer, as well as for damages arising from fortuitous events or force majeure.

If you made the purchase as a "professional" under the provisions of the Consumer Code, the previous paragraphs of this article do not apply. The legal warranty provided by art. 1490 of the Civil Code will apply to your purchase on the Site.

Art. 13. Conventional warranty of the manufacturer

13.1 The Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer (Conventional Warranty). You can assert this warranty only against the manufacturer. The duration, scope, including territorial scope, conditions, and methods of use, types of damages/defects covered, and any limitations of the Conventional Warranty depend on the individual manufacturer. The Conventional Warranty is voluntary and does not replace, limit, prejudice, or exclude the Legal Warranty.

Art. 14. Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution

14.1 The purchase contracts concluded through the Site are governed by Italian law. The application of any more favorable and mandatory provisions provided by the law of the country where they have their habitual residence is reserved for consumer users who do not have their habitual residence in Italy.

14.2 Please note that in the case of a consumer user, for any dispute related to the application, execution, and interpretation of this document, the court of the place where the user resides or has elected domicile is competent. In the case of a professional user, for any dispute related to the application, execution, and interpretation of this document, the court where the Seller is based, as provided in Article 1 above, is competent.

14.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Seller informs the user who qualifies as a consumer under art. 3, paragraph 1, letter a) of the Consumer Code, that if they have submitted a complaint directly to the Seller, and it has not been possible to resolve the dispute that arose, the Seller will provide information regarding the body or bodies of Alternative Dispute Resolution for the extrajudicial resolution of disputes related to obligations arising from a contract concluded under these General Terms and Conditions of Sale (ADR bodies, as indicated in articles 141-bis and following of the Consumer Code), specifying whether they intend to make use of such bodies to resolve the dispute itself.

14.4 The Seller also informs the user who qualifies as a consumer under art. 3, paragraph 1, letter a) of the Consumer Code that a European platform for online dispute resolution for consumers (so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user can consult the list of ADR bodies, find the link to the site of each of them, and initiate an online dispute resolution procedure in which they are involved.

14.5 In any case, the right of the consumer user to appeal to the competent ordinary judge for disputes arising from these General Terms and Conditions of Sale is reserved, regardless of the outcome of the extrajudicial dispute resolution procedure related to consumer relationships through the procedures referred to in Part V, Title II-bis of the Consumer Code.

14.6 The user residing in a member state of the European Union other than Italy may also access, for any dispute related to the application, execution, and interpretation of these General Terms and Conditions of Sale, the European procedure established for disputes of a minor nature, by Regulation (EC) No. 861/2007 of the Council, of July 11, 2007, provided that the value of the dispute does not exceed, excluding interest, rights, and costs, Euro 2,000.00. The text of the regulation is available on the site www.eur-lex.europa.eu.

Art. 15. Customer service and complaints

It is possible to request information, send communications, request assistance, or forward complaints by contacting the Seller in the following ways:

by email, at the following address: info@designinluce.it
by phone, at the following number: 0688327400.

The Seller will respond to complaints submitted within 5 days of receipt.