Terms & conditions
1.1 These general terms of sale shall apply to Led Emotion Design Products (hereinafter “Products”) purchased through the e-commerce website www.ledemotiondesign.it (hereinafter the “Site”) by users.
1.2 The Site is property of iDesign S.r.l., and it is used by iDesign S.r.l., registered in Italy, Rome, via Laurentina, 289 - 00142, VAT and Rome Business Register registration number 12137741000.
1.3. iDesign S.r.l. sells the Products through the Site. Products purchases made through the Site will involve as parties iDesign S.r.l. as seller (hereinafter the “Seller”), and the subject who proceeds to one or more Products purchase (hereinafter the “Customer”), (Seller and Customer will be hereinafter indicated together as the “Parties”).
1.4 Any communication by the Customer which is related to Products purchase – including possible reports, claims, requests regarding purchase or delivery of Products, the exercise of the right of withdrawal, etc. – has to be sent to the Seller using the contact information and according to the modalities described on the Site through a contact form.
1.5 Every purchase is ruled by the general terms of sale in the version published on the Site at the moment of the submission of the order by the Customer.
1.6 The Site is committed to retail sale. Subjects who are not natural persons and/or proceed to a purchase of one or more Products for a purpose related to his own entrepreneurial, commercial, handcrafted or professional activity are not legitimate to submit purchase orders. Anyway, if one or more sales would be carried out in their favor, the following general terms of sale will be applied but, in derogation from them: a) right of withdrawal as in article 10 will be not recognized; b) he will not benefit from Products warranty as in article 8; c) in the same way, other possible safeguards, here provided in favor of those who are natural persons and purchase one or more Products for purposes not related to their own entrepreneurial, commercial, handcrafted or professional activity, which reflect or comply to binding legal provisions, will not be recognized; d) the sale agreement between the Seller and the subject will be ruled by the Italian law, not including the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention of 1980.
1.7 Submitting the purchase order, the Customer agrees that the confirmation of the information about the order and these general terms of sale will be sent via e-mail to the address that he provided as he registered to the Site or during the purchase process.
1.8 In order to buy on the Site, the Customer has to be of age (18 years old) and having the capacity to act, which the Customer submitting the order declares to have.
1.9 Possible expenses for the internet connection to the Site and telephone, according to call rate applied by the Customer’s provider, will be only on Customer’s charge.
2. PRODUCTS CHARACTERISTICS AND AVAILABILITY IN DIFFERENT GEGRAPHICAL AREAS
2.1 Products are sold with the characteristics described on the Site and according to the general terms of sale published on the Site at the moment of the purchase, not including any other term or condition.
2.2 The Seller reserves the right to change these general terms of sale at any time, at its own discretion, without giving the Site users any notice. Possible changes are effective as far as they are published on the Site and they will be applied only to the purchases made from that moment on.
2.3 Prices, Products on sale on the Site and/or their characteristics may vary without notice. Before sending the purchase order, according to the following article 3, the Customer is invited to verify the final selling price.
2.4 Al Sito possono accedere utenti da tutto il mondo. Tuttavia, i Prodotti disponibili sul Sito sono acquistabili esclusivamente da parte di utenti che ne richiedano la consegna in uno degli Stati che sono indicati sul Sito.
2.5 The Seller reserves the right to change or improve any Product offered on the Site without the obligation to make those changes on the Products that are already sold.
3. PRODUCTS PURCHASE MODALITIES – COMPLETION OF EACH PURCHASE CONTRACT
3.1 The presentation of Products on the Site, non-binding for the Seller, represents just an invitation to the Customer to make a purchase contract offer and not a public offer.
3.2 The purchase order submitted by the Customer to the Seller through the Site shall be regarded as a contract offer and it is ruled by these general terms of sale, which form an integral part of the order itself and with which the Customer entirely agrees unreservedly as he submits the order to the Seller. Before proceeding with the Products purchase, submitting the purchase order, the Customer will be asked to read carefully these general terms of sale and the informative about the right of withdrawal, to print a copy of them through the print button and to store or make a copy for personal use. Furthermore, the Customer will be asked to find and correct possible mistakes regarding his own data.
3.3 Customer’s purchase order is accepted by the Seller as it sends to the Customer, at the e-mail address he declared to the Seller as he registered to the Site or as submitting the order in case the Customer is not registered to the Site, of a confirmation e-mail which contains a link to these general terms of sale, the recap of the order and the description of the ordered Product. Customer’s order, Sellers confirmation to the order and the general terms of sale applicable to the relation between the Parties will be electronically stored by the Seller in its own computer systems and the Customer could ask for a copy using this contact form..
3.4 Every Products purchase contract, except as specified below, will be however considered concluded after receiving the order confirmation by the Customer from the Seller via e-mail and as the Seller will cash in the sold Products price, the shipping costs and any other cost charged on the Customer according to the following articles 6 and 7.
4. PRODUCTS SELECTION AND PURCHASE PROCEDURE
4.1 The Products presented on the Site can be purchased through the selection of Products which are interesting for the Customer and put into the virtual purchasing cart. As the selection is finished, to continue with the purchase, the Customer shall (i) register to the Site, providing the data required, or (ii) log in if he is already registered, or (iii) provide his own data in order to complete the order and let the contract to be completed. If the data provided for the order are different from those provided during the registration to the Site, the Customer will be asked to confirm the data (for example: name, last name, etc.), and also the address where the selected Product have to be delivered, the billing address, a telephone number to contact for possible communications about the purchase he made. The Customer will see a recap of the order to submit and will have the possibility to change the contents: then the Customer, after reading carefully, will have to expressly accept these general terms of sale with the specific check-box on the Site and finally with the button “Order Confirmation” will be asked to the Customer to confirm his order, that will be definitively submitted to the Seller and will produce the effects described in the article 3 of this contract. Client shall also choose the shipping and the payment methods among the available ones. If the Customer chooses the immediate payment (at the moment of the purchase) by credit card, PayPal shall provide their data through a protected connection. For financial and administrative reasons, the Seller reserves the right of verifying the personal details provided by the Customer. If the payment is made through credit card the amount will be charged only when the confirmation is submitted by the Seller to the Customer.
5. GOOD DELIVERY AND RECEPTION
5.1 The Site tells the availability of the Products and the delivery time, however, this information is only indicative and not binding for the Seller.
5.2 The Seller commits to do whatever it can to respect the time indicated on the Site and, in any case, to deliver the Products in maximum 30 (thirty) days starting from the day after the reception of the order by the Seller from the Customer and the cash in of the price, the shipping costs and any other cost charged on the Customer. In case of non-execution of the order by the Seller due to unavailability, even temporary, of the Product, the Seller will give written notice to the Customer and will refund the amount already paid by the Customer for the Product.
5.3 The Shipping of the Products ordered by the Customer will occur with the modality chosen by the Customer among those available on the Site when submitting the order. The Customer commits to check as fast as he can that the delivery contains all and only the purchased Products and to inform promptly the Seller about any possible fault of the received products or differences with the order, according to the procedure as described in the following article 8 of these general terms of sale, without it the Products will be considered accepted. If the package or the wrap of the Products ordered by the Customer would reach the destination clearly damaged, the Customer is invited to refuse the delivery made by the courier or to accept it as “goods unchecked”.
6. PRICES, SHIPPING COSTS, TAXES AND CHARGES
6.1 The price of Products is the one indicated on the Site at the moment of the order submission by the Customer. Prices include standard packaging costs and, where marked on the Site itself, the VAT (if applicable) and possible other indirect charges (if applicable) and/or excise duties, but do not include shipping costs which are quantified after the order confirmation submitted by the Customer to the Seller and which the Customer commits to pay to the Seller in addition to the price indicated on the Site.
6.2 The Customer shall pay to the Seller the total price, the shipping costs and any other cost charged on the Customer as reported on the order confirmation sent by e-mail by the Seller to the Customer.
6.3 If when selecting the Product would be marked that the price of the Product does not include possible indirect charges and excise duties, the Customer commits by now to pay, if due, in addition to the price written in the order and confirmed in the order confirmation, according to what provided by the law disposition of the Country in which the Products will be delivered, charges and excise duties due. The Customer shall inform by the competent bodies of his own residence Country or of the Country where Products will be delivered, in order to get the information on possible excise duties or taxes applied in his own residence Country or in the Country where Products will be delivered.
6.4 Any possible additional cost, burden, tax and /or charge a given Country may apply to whatever reason to the ordered Products are on exclusive charge of the Customer according to these general terms of sale.
6.5 The Customer declares that the lack of knowledge of costs, burden, taxes and/or charges as described in the articles 6.3 and 6.4, at the moment of the submission of an order to the Seller, would not be cause of the end of this contract and that the Customer himself could not, in any case, charge those burden to the Seller.
7.1 The Customer expressly accepts that the execution of the contract by the Seller will begin with the deposit of the price of the Product/s purchased, of the shipping costs and of any other amount charged on the Customer on the Seller’s bank account, also because before this cash-in no contract could be considered concluded.
7.2 Payment can be made with credit cards qualified by PayPal, with the following condition.
7.3 If the payment is made with credit card, the Customer will be redirected on a protected site and the credit card data will be sent directly to PayPal (Europe) S.à r.l. et Cie, S.C.A, L-1150 Luxembourg, which operates on payments on behalf of the Seller. The data transmitted will be sent in a protected modality by encrypted transfer of the data through a 128 bit SSL (Secure Socket Layer) system. These data are not available to Seller, too.
7.4 The Seller will transmit promptly to the Customer, if prescribed by the applicable law, in electronical format via e-mail to the address he declared, the tax-receipt of the purchase, if the Products purchased are delivered within the Italian territory, or attached in paper format to the purchased Products in any other case.
8. LEGAL GUARANTEE OF CONFORMITY BY THE SELLER, REPORTING OF CONFORMITY FAULTS AND GUARANTEED INTERVENTIONS
8.1 Within the meaning and for the purposes of the European directive 44/99/CE and the Italian Legislative Decree n. 206/2005 (Consumer Code), the Seller guarantees to the Customer that the Products will not have design and material faults and will be conform to the descriptions published on the Site for 2 (two) years from the date of the delivery of the Products to the Customer. It is excluded the application of any warranty in case of use or cleansing not compliant of Product’s own and of the instructions/warnings about it given by the Seller and reported on the reference explanatory documentation, tags and labels.
8.2 The Customer shall communicate possible faults or non-conformity within 2 (two) months by the discover, sending via e-mail to our Customer Service, using the address email@example.com, the return form completely fulfilled with the description of the fault and/or the non-conformity found and the related documentation listed on the return form (at least 1 (one) image of the Product, the order confirmation sent by the Seller and/or the tax-receipt), otherwise entitlement to the refund shall be lost.
8.3 After receiving the request and the attached documentation, the Seller will evaluate the faults and the non-conformities reported by the Customer through the assistance service and after the quality checks made to verify the actual non-conformity of the Product, will decide if authorize the Products return giving the Customer a feedback with the “Return code” via e-mail to the address he provided during the registration to the Site or submitting the order. The Products return authorization will not be, in any case, recognition of faults or non-conformity that have to be verified after the return. The Products for which the Seller has authorized the return have to be returned by the Customer together with a copy of the return authorization with the “Return code” within 30 (thirty) days from the return authorization, to the following address:iDesign S.r.l., via Laurentina, 289 - 00142 Rome, Italy
8.4 The Seller will evaluate, with its own assistance service, the possibility to repair the Product, reactivating the conformity, in reasonable time considering the nature of the goods.
8.5 If the repair is not possible, the Seller commits to refund the price paid to the Customer; the refund will made, where possible, with the same modality used by the Customer as he made the purchase of the Product or with a bank transfer. Customer shall tell the Seller, at the moment of the refund request or through the contact form, the bank details to do the transfer and to let the Seller to pay the amount back.
9. RESPONSIBILITY FOR DAMAGES DUE TO FAULTY PRODUCTS
9.1 In case of possible damages caused by the Products faults, it would be applied the dispositions as described in the European directive 85/374/CEE and in the Italian Legislative Decree n. 206/2005 (Consumer Code).
10. RIGHT OF WITHDRAWAL – INFORMATIVE NOTE
10.1 The Customer has the right to withdraw from any contract made in compliance with these general terms of sale, without any penalty, within 14 (fourteen) days from when (i) the Product is delivered or (ii) in case of different Products which are not delivered together in the same order, the last Product is delivered.
10.2 To exercise the right of withdrawal, the Customer shall inform the Seller, before the time limit as in the previous article 10.1 expires, of his decision entering the page “My returns” from the My Account section or, if not registered, entering the dedicated page and fill in the order number and the e-mail he provided as to make the purchase. As an alternative, the Customer can send an explicit declaration to the Seller through the contact form or to the e-mail address firstname.lastname@example.org, of his decision of withdrawing using the withdrawal form attached.
10.3 In relation with what described in the article 10.2, the Customer will receive a confirmation e-mail for his exercise of withdrawal, with the return form that has to be put in the package, and the instructions to proceed with the Product return, to send within the following 14 days to:iDesign S.r.l., via Laurentina, 289 - 00142 Rome, Italy
10.4 Direct risks and costs of the return of goods will be charged on the Customer. The Site provide also for the possibility for the Customer to use a Products return service with costs that will be specified from time to time. The Customer remains free to use this service or not.
10.5 If the Customer withdraws the payments made including the delivery costs will be refund in case the withdrawal is requested for all the items in the order (additional costs due to the possible choice of a shipping modality different from the less expensive one of standard shipping offer are excluded), without undue delay and, in any case, within 14 days from the exercise of withdrawal. Those refunds will be made using the same paying method used by the Customer for the initial purchase, unless the Customer asks for a different paying method, in this case possible additional costs due to the different paying modality will be charged on the Customer. Refund can be suspended until the reception of the returning Products or until the demonstration by the Customer that the Products have been sent, if previous.
10.6 The Customer is responsible for the decreasing of Products value due to a different handling from that needed to set the nature, the characteristics and the functioning of the Products themselves.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 The Customer declares he is informed that all the brands, names, as if any distinctive sign, denomination, image, picture, written or graphic text used on the Site or related to Products are and stay exclusive property of iDesign S.r.l. and/or its successor in title, without the access to the Site and/or the Product Purchase could derivate to the Customer any right on them.
11.2 Site contents cannot be copied, nor entirely or partially, transferred through electronical or conventional means, modified, or use for any purpose without the written permission of iDesign S.r.l.
12. CUSTOMER DATA AND PRIVACY PROTECTION
12.1 In order to proceed with the registration, the submission of the order and then with the closing of this contract, some personal data of the Customers are required through the Site. The Customers accepts that the personal data provided will be recorded and used by the Seller in compliance and according to the Legislative Decree n. 196/2003 and subsequent amendments and additions – Privacy Code, to execute every purchase made through the Site and, with his permission, for possible additional activities as described in the dedicated privacy informative note provided to the Customer through the Site as he registers in it.
12.2 The Customer declares and guarantees that the data provided to the Seller during the registration and purchase process are truthful and correct.
12.3 The Customer can, at any time, update and/or modify the data he provided to the Seller using the dedicated section of the Site “Account”, accessible upon authentication.
13.1 Although the Seller adopts measures in order to protect personal data from loss, falsification, manipulation and improper use of them by third parties, due to the characteristics and technical limitations of protection of electronical communications via Internet, the Seller cannot guarantee that the information or the data displayed by the Customer on the Site, even after the Customer logs in, would not be accessible or displayable by unauthorized third parties.
13.2 The Seller, regarding data of credit card payments, uses the services offered by PayPal Inc., which adopts technological systems as to guarantee maximum levels of reliability, security, protection and secrecy in information transmissions via web.
14. APPLICABLE LAW, ATTEMPT AT CONCILIATION AND COMPETENT COURT
14.1 Every sale contract between the Seller and the Customer in compliance with these general terms of sale will be ruled and interpreted according to the Italian law and in particular to the legislative decree 6th September 2005 n. 206, on the Consumer Code, with specific reference to the law in respect of distance contracts and to the legislative decree 9th April 2003 n. 70 about some aspects of the electronic commerce. In any case, possible rights attributed to the Customers by binding disposition by current law in their State will be excluded.
In case of discrepancy between the Italian and the English version of this text, the Italian version would prevail.
Shipping of the orders made on the Led Emotion Design Online Shop within the 12:00 a.m. of a working day, are committed to the courier the same day, after that time they will be shipped the next working day.
Delivery of products purchased on the Led Emotion Design Online Shop will be on average within 3 working days from the order confirmation in Italy and in the EU and within 5 days for other destinations.
Shipping time and costs depend also from the Country and from which type of delivery service has been chosen.
For direct shipping on the Italian territory the shipping cost is free and the average delivery time is two working days. For direct shipping outside the Italian territory, please see the details in the chart below.
For direct shipping outside the Italian territory, please see the details in the chart below.
|SHIPPING COUNTRY||EXPRESS SHIPPING TNT 2-3 days|
|HONG KONG||19 €|
|CZECH REPUBLIC||19 €|
Led Emotion Design will not charge any shipping cost on orders that are larger than 100€ (or same value in the selected currency).
Delivery time can be delayed in case of festivities; furthermore the couriers do not deliver on the following dates 25th e 26th Dicembre, 1st Gennaio, 15th August and weekends.
For orders paid with credit card, to the normal shipping time, a working day has to be added for administrative checks.
The Products will be, in any case, delivered within 30 days according to the legal terms.