General terms and conditions of sale
Foreword
The offer of this online store is proposed by the company PRISMA LIGHT di Mottola Vittorio e C s.a.s. in accordance with the current regulations on electronic commerce and distance contracts.
PRISMA LIGHT di Mottola Vittorio e C s.a.s. is an authorized official dealer of all the Brands on the site.
Society data:
PRISMA LIGHT di Mottola Vittorio e C s.a.s. Via Giovanni Gentile n.1
70015 Noci(Ba) – Italy P.I. 04267570721
Tel : 080 497 8187
E-mail: info@prismalight.it
The Customer declares that he/she has read all the above information and general conditions of sale before placing the order.
General Terms and Conditions of Sale
These general conditions govern the manner of sale of products marketed by Prisma Light (the “Products”).
All contracts for the sale of Products by PRISMA LIGHT di Mottola Vittorio &C.
s.a.s. to third parties (the “Customers”) are governed by these General Conditions, which form an integral and substantial part of every proposal, order and order confirmation for the purchase of the Products themselves. The conditions of sale applicable to orders are those in effect on the date of the order.
- Products: prices and features
Unless otherwise indicated, the prices of the Products published on the site by PRISMA LIGHT di Mottola Vittorio e C s.a.s. are expressed in Euro and include VAT. Shipping costs are excluded for orders of less than €250.00.
Shipments outside the European Community (non-EU) are also exclusive of any customs duties, which will be the responsibility of the recipient and will be requested by the shipper upon delivery.
The price guaranteed to the buyer is the price published on the Site at the time of submission
of the order. The price set at purchase is fixed and final.
The prices of the Products from time to time published by PRISMA LIGHT di Mottola Vittorio &C s.a.s. on the site cancel and replace the previous ones and are subject to the actual availability of the Products.
The technical and functional characteristics relating to the Products, published by PRISMA LIGHT di Mottola Vittorio e C s.a.s. through its own informative messages in the Internet pages describing the items, are those communicated by the respective manufacturers. PRISMA LIGHT di Mottola Vittorio e C s.a.s. assumes no responsibility regarding the truthfulness and completeness of such information. Product images are indicative and not binding. Products are not supplied on trial. Although PRISMA LIGHT operators may provide indications of the characteristics of the Products, the Customer is responsible for the selection of the Products ordered and for ensuring that the specifications indicated by each manufacturer meet and conform to its requirements.
- Orders – billing
Each order for Products transmitted to PRISMA LIGHT di Mottola Vittorio e C s.a.s. constitutes a contractual proposal from the Customer. The fulfillment of the order by PRISMA LIGHT di Mottola Vittorio e C s.a.s. is equivalent to confirmation and acceptance of the same.
Fiscal documentation relating to the Products ordered will be issued by PRISMA LIGHT di Mottola Vittorio e C s.a.s. when the Products are shipped to the Customer.
The Customer must indicate the exact data required for invoicing and specify the shipping address of the invoice.
- Order execution
The order will be executed in the terms specified on the Site.
Once confirmed, the order can only be canceled within 24 hours, after which the customer has an obligation to pay. In accordance with the relevant laws, the customer can still withdraw from the contract within 14 days by following our Return Policy (See item 9).
In the event of non-execution of the order by PRISMA LIGHT di Mottola Vittorio e C s.a.s.(if the same is due to unavailability of the Products ordered by the Customer), PRISMA LIGHT di Mottola Vittorio e C s.a.s. will as soon as possible to inform the Customer of the expected delivery time for the supply of the missing Product. If the Customer does not intend to wait this time, in any case not exceeding 30 working days, PRISMA LIGHT di Mottola Vittorio e C s.a.s. will refund any sums already paid by the latter for the non-performed supply.
In case of breakage, out of stock or unavailability of the ordered Product, PRISMA LIGHT di Mottola Vittorio e C s.a.s. undertakes to inform the Customer as soon as possible and specify a deadline for availability.
The Customer will confirm by e-mail his/her choice, i.e., wait for the availability of the Product or request a refund.
- Order acceptance
The conclusion of the contract will take place only upon confirmation of the order by PRISMA LIGHT di Mottola Vittorio e C s.a.s.
The Customer will receive by fax, mail or e-mail a notification of receipt showing the confirmation of the order with all the constituent elements of the contract (products, prices, delivery dates, shipping costs, …).
PRISMA LIGHT di Mottola Vittorio e C s.a.s. reserves the right not to confirm an order for any reason pertaining specifically to a problem regarding the order received or the supply Products.
- Delivery of Products
The Products are delivered to the address indicated by the Customer.
Shipments will take place after receiving confirmation of payments: for Bank Transfer the credit to our bank account is valid, for payment by credit card the confirmation of transaction by the circuit.
For our shipments, we rely on the service of qualified express couriers such as DHL, FedEx, TNT or Couriers specializing in the delivery of furniture and furnishings to ensure the quality of service and integrity of the Products.
– Standard Shipping
Delivery of products in stock is made by express courier within 2 working days in Italy, within 5 working days in Europe, within 6 working days for all other destinations. In the case of bulky orders and/or particularly fragile products, shipping is done by specialized couriers with delivery times varying depending on the volume and destination of the goods. The shipping time for an order containing items having different delivery times is equal to the longer shipping time of the items in the order. Within each product sheet, the availability time of the item from the time of order is indicated. To these should be added the standard or specialized courier shipping times indicated above, depending on the destination and bulkiness of the order.
For example, a non-stock product with availability of 2-3 weeks will be available in logistics within a maximum of 3 weeks after order confirmation. From the arrival of the goods in the warehouse, standard shipping times will be calculated with delivery within 2 working days to Italy, 5 working days to Europe and 6 working days to all other destinations.
The shipping time for an order containing items having different delivery times is equal to the longer shipping time of the items in the order. Any delays in deliveries of less than 30 (thirty) days shall not entitle the Customer to refuse delivery of the Products, nor to claim compensation or indemnity of any kind.
PRISMA LIGHT di Mottola Vittorio e C s.a.s. has the right to make, if it deems it appropriate, the request for delivery of the Products (even relating to the same order) in several successive stages.
Delivery is considered to have been made from the moment the Product is delivered to the Customer.
The delivery document issued by the carrier, dated and signed by the Customer upon delivery of the Product, will constitute proof of transportation and release of the good.
– Floor Deliveries and Assembly
Deliveries are intended to be street level only and there is no pickup of used cars.
Special terms and conditions of delivery shall be agreed in advance between the Client and PRISMA LIGHT di Mottola Vittorio e C s.a.s. and accepted in writing by PRISMA LIGHT di Mottola Vittorio e C s.a.s..
PRISMA LIGHT di Mottola Vittorio e C s.a.s. does not offer assembly services unless previously agreed upon in writing.
Most of our products travel pre-assembled: assembly is in most cases quite simple and consists of assembling already defined parts.
It is important to know that:
Upon delivery, the Customer shall check the contents, conformity and condition of the Product(s). Therefore, upon delivery, PRISMA LIGHT di Mottola Vittorio e C s.a.s. recommends that the Customer proceed to verify the status of the delivered Products before signing the acknowledgement of receipt, and to make sure in particular:
– That the number of packages being delivered corresponds to what is indicated in the transport document attached to the shipment;
– That the packaging is intact, not damaged, wet or otherwise altered, and to
Check the integrity of the contents.
If the Customer finds any anomalies, he/she must refuse delivery of the products or put his/her reservations in writing in a detailed and dated document. If the courier’s document is signed without affixing any “reservation,” the Customer may not object to the external characteristics of what is delivered. Any problems concerning the physical integrity, correspondence or completeness of the Products received must be reported within 3 (three) days after delivery.
PRISMA LIGHT di Mottola Vittorio e C s.a.s. has the right, at its sole discretion, to make delivery of the Products ordered by means of a courier chosen by you.
- Withdrawal of products when the customer is absent
If the recipient is absent during the delivery, the carrier will leave a notice of passing at the delivery address given by the Customer. The Products must be picked up at the address and in the manner specified by the carrier.
In the event of failure to collect the Products within the deadline established by the carrier, the Products will be returned to PRISMA LIGHT di Mottola Vittorio e C s.a.s., which reserves the right to refund the price of the Products, leaving the shipping costs to be borne by the Customer.
In the event of an error concerning the Product, the Client agrees to return said Product or Products concerned to PRISMA LIGHT di Mottola Vittorio e C s.a.s. within 7 (seven) days of receipt, with the package unopened, in their original condition and packaging and with the accompanying documents.
Upon receipt of the Product in proper form and manner, PRISMA LIGHT di Mottola Vittorio e C s.a.s. will return, at its own expense, the Product originally ordered.
- Force majeure
Explicitly, the following cases are considered as cases of force majeure, in addition to those normally considered by case law:
– total or partial strikes, internal or external to the company, blockage of means of transportation or supply for any reason, governmental or legal restrictions, computer failures, blockage of telecommunications including networks and especially the Internet as well as epidemics and pandemic phenomena.
In the event of force majeure, the execution of the order will be suspended, at first, in full right.
If a period of 3 (three) months has passed and the parties find that the force majeure case persists, the order will be automatically cancelled unless otherwise agreed upon by both parties.
- Product Warranties – Technical Support
PRISMA LIGHT di Mottola Vittorio e C s.a.s. guarantees only the material integrity of the Products at the time of delivery (hereinafter, the “PRISMA LIGHT di Mottola Vittorio e C s.a.s. Warranty”).
8.1 Any defects covered by the PRISMA LIGHT di Mottola Vittorio e C s.a.s. Warranty must be reported by the Customer, under penalty of forfeiture, no later than 10 (ten) days from the date of delivery. In the event that the PRISMA LIGHT di Mottola Vittorio e C s.a.s. Warranty is operative, the Customer shall only be entitled to the replacement of the damaged Products upon return of the same, the Customer’s right to compensation for any damage, even further, being excluded. Shipping costs necessary for the replacement of Products shall be borne by PRISMA LIGHT di Mottola Vittorio e C s.a.s.
8.2 Without prejudice to the provisions of Article 8.1 above, PRISMA LIGHT di Mottola Vittorio e C s.a.s. does not provide any warranty on the Products in addition to that provided by the individual Manufacturers. Technical support and warranty work on the Products are carried out, where applicable, by the individual Manufacturers, according to the terms and conditions stated in the documentation attached to the Products themselves. In particular, PRISMA LIGHT di Mottola Vittorio e C s.a.s. makes no warranty as to the compatibility of the Products with other Products or equipment used by the Customer, nor does it make any warranty as to the suitability of the Products for the specific use intended by the Customer.
8.3 Without prejudice to cases of willful misconduct or gross negligence on the part of PRISMA LIGHT di Mottola Vittorio e C
s.a.s. is as of now agreed that, should PRISMA LIGHT di Mottola Vittorio e C s.a.s. be found liable for any reason to the Customer – including the case of total or partial non-fulfillment of the obligations undertaken by PRISMA LIGHT On Line Store towards the Customer as a result of the execution of an order – the liability of PRISMA LIGHT di Mottola Vittorio e C s.a.s. shall not exceed the price of the Products purchased by the Customer and for which the dispute arose.
- Right of withdrawal and return policies
9.1 Pursuant to under Leg. n. 206/2005 (“Consumer Code”) has the right to withdraw from the contract and return the Products ordered, without penalty and without specifying the reason, within the term of 14 (fourteen) days from receipt of the Products.
9.2 The right of withdrawal referred to in Article 9.1 above may be exercised by the Customer, without giving reasons, within 14 days. The withdrawal period expires after 14 days from the day the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the goods.
In order to exercise the right of withdrawal, the Customer must inform us by an explicit statement, no later than the time specified above, for example:
by mail: PRISMA LIGHT di Mottola Vittorio e C s.a.s. – 70015 Noci(Ba) Via Giovanni Gentile n.1
via email: info@prismalight.it
The attached model withdrawal form can be used for this purpose, but it is not mandatory.
To comply with the withdrawal period, it is sufficient for the Customer to send the notice regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.
9.3
Effects of withdrawal
By withdrawing from the contract, we will refund to the Customer all payments made to us, including delivery costs (with the exception of additional costs arising from any choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any case no later than 14 days from the day we are informed of the decision to withdraw from this contract.
Such refunds will be made using the same means of payment used for the initial transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer shall not incur any costs as a consequence of such a refund.
Refunds may be suspended until receipt of the goods or until the consumer demonstrates that he or she has returned the goods, whichever is earlier.
9.4 The returned goods must be returned or delivered to us at PRISMA LIGHT di Mottola Vittorio e C s.a.s. – 70015 Noci(Ba) Via Giovanni Gentile n.1, without undue delay and in any case within 14 days from the day on which the Customer communicated to us his withdrawal from this contract. The deadline is met if the goods are returned before the expiration of the 14-day period.
The direct costs of returning the goods will be borne by the Customer.
9.5 The Customer shall be liable only for diminution in the value of the goods resulting from handling the goods other than what is necessary to establish the nature, characteristics and operation of the goods. The returned property must be returned in resalable condition.
9.6 The right of withdrawal referred to in Article 9.1 above may not be exercised by the Customer in the event that the Products purchased were made according to the Customer’s requirements, are customized, or may deteriorate or expire rapidly.
9.7 PRISMA LIGHT di Mottola Vittorio e C s.a.s. recommends that the Customer:
– verify the condition of the delivered Products before signing the acknowledgement of receipt, and in particular that the number of packages being delivered corresponds to what is indicated in the transport document attached to the shipment;
– Verify that the packaging is intact, not damaged, wet or otherwise altered;
– Check the integrity of the contents.
If any discrepancies are found, the Customer may refuse to accept the package by signing his refusal.
9.8 This provision does not apply for subjects other than those specified in Art. 3(a) d.lgs. n. 206/2005.
- Payment
Payment of the fee is due at the time of the order.
The Customer agrees to settle the agreed price for the Product ordered on the Site (price of the Products and transportation) as well as, if necessary, to settle or have settled directly with the courier or transporter the VAT or other taxes related to the import of the Products in the countries where delivery will take place.
The Customer balances the order:
– By credit card as proposed on the Site.
The Customer warrants to PRISMA LIGHT di Mottola Vittorio e C s.a.s. the fact that he/she has any necessary authorizations to use the card payment method when ordering.
– or by bank transfer in favor of PRISMA LIGHT di Mottola Vittorio e C s.a.s.
In case of non-receipt by PRISMA LIGHT di Mottola Vittorio e C s.a.s. of the transfer in the 14 days following the confirmation of the order, PRISMA LIGHT di Mottola Vittorio e C s.a.s. reserves the right to cancel the order. Bank details are provided at the time of ordering.
– or through Paypal.
The Customer warrants to PRISMA LIGHT di Mottola Vittorio e C s.a.s. the fact that he/she has any necessary authorizations to use the Paypal payment method when ordering.
- Failure to pay – Reservation of title
The Products ordered remain the property of PRISMA LIGHT di Mottola Vittorio e C s.a.s. until final and full payment of their price (pursuant to Art. 1523 et seq. of the CC.) PRISMA LIGHT di Mottola Vittorio e C s.a.s. reserves the right to claim the Products ordered in case of non-payment.
In this hypothesis and at the request of PRISMA LIGHT di Mottola Vittorio e C s.a.s., the Customer agrees to return any unpaid Product, at its own expense.
- Complaints
Claims for non-conformity of the Product(s) delivered with the order must be received in writing directly to PRISMA LIGHT di Mottola Vittorio e C s.a.s., immediately upon receipt of the goods. E-mail: info@prismalight.it
We advise the Customer to keep the original packaging and delivery document.
- Named information
Computer processing of information, including the management of e-mail addresses of site users, is carried out in accordance with the provisions of the law.
The nominative information requested from the Customer is essential for processing and submitting orders, creating invoices and any warranty contracts.
For this purpose, such information may be communicated to PRISMA LIGHT di Mottola Vittorio e C s.a.s.’s contractual partners.
The Client may object to such a communication and in accordance with the law avail himself of the right to access, modify, rectify and delete data concerning him by contacting PRISMA LIGHT di Mottola Vittorio e C s.a.s, Via Giovanni Gentile n.1, 70015 Noci(Ba).
To avoid any attempt at fraud, PRISMA LIGHT di Mottola Vittorio e C s.a.s. may ask you for proof of your identity, domicile.
- Electronic signature
The “validation click” constitutes an electronic signature.
This electronic signature has the same value between the parties as a handwritten signature.
- Non-waiver
For PRISMA LIGHT di Mottola Vittorio e C s.a.s. the fact of not enforcing a failure on the part of the Client with respect to any of its obligations shall not be interpreted as a waiver of the obligation in question and of the possibility of enforcing this failure at a later date.
- Integrity of the contract
These general terms and conditions constitute the entire obligations of the parties. No other general or particular conditions communicated by the Customer shall be included in or exempt from these general conditions.
- Intellectual Property
PRISMA LIGHT di Mottola Vittorio e C s.a.s. is the owner of the intellectual property rights of the Site and the right of dissemination of the elements that are contained in the catalog of the online store, consequently, the partial or total reproduction, on any type of media, of the elements that make up the Site, the catalog as well as the trademark “Prisma Light”, their use as well as their transfer to third parties are formally prohibited.
- Nullity
Should one or more of the provisions of these general conditions be deemed invalid or declared invalid pursuant to a law, regulation, or as a result of a final decision made by a competent jurisdiction, the other provisions shall retain their full force and effect.
- Jurisdiction
In the event of litigation and in the absence of an amicable agreement reached between the parties, without prejudice to the possible applicability of mandatory provisions of the law placed to protect consumers (as defined under d.lgs. n. 206/2005 (“Consumer Code”), any dispute however related to these General Conditions shall be devolved to the exclusive jurisdiction of the Court of Bari.
Pursuant to and in accordance with Articles 1341 and 1342 of the Civil Code, the Customer declares that he/she has carefully read and understood and specifically accepts the following clauses of the PRISMA LIGHT General Terms and Conditions of Sale: 1-2-3-4-5-6-7-8.1-8.2-8.3-9.1- 9.2-9.3-9.4-9.5-10-11-12-13-14-15-16-17-18-19.”
