Terms and conditions

The User who uses the Services offered by www.forcatolighting.it and www.forcatolighting.com – (called “ Sites “) declares to have read and accepted these Terms and Conditions (called “Conditions “) Which are those currently in force and are subject to change without notice at the sole discretion of FORCATO LIGHTING that assumes no responsibility for suspension of the Services determined by any cause also related to FORCATO LIGHTING itself.

These Conditions must be examined and saved by the User before the completion of the purchase procedure for one or more services. The forwarding of the purchase order confirmation of the Service therefore implies full knowledge of them and their full acceptance. The User is therefore requested to save or print the present contractual clauses.

  1. Definitions

To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, will have the meaning indicated below:

    • Titolare: FORCATO LIGHTING, with registered office in Via Archimede 8/A – 37024 Arbizzano di Negrar VR – ITALY, PI 04147850236 , VR-396286, ¬†privacy@forcatolighting.cloud, PEC:¬†forcatolighting@pec.it
    • Applications: websites www.forcatolighting.itwww.forcatolighting.com, managed by FORCATO LIGHTING di Castenedoli Giovanni;
    • Products: navigations lights ;
    • User: the subject accessing the site, without distinction of legal nature and personality pursued, interested in the Products offered;
    • Consumer: physical person acting for purposes extraneous with respect to commercial, craft or professional business carried out;
    • Conditions: this contract governing the relationship between the owner and the users and the sale of products offered through the site.
  1. Product Information

Products

The products made by the company and specifically the 25 R and 35R navigation lights that can be purchased through the company’s website.
The purchase of one or more Products through the site is allowed both to Users who have the quality of Consumers, and to Users who do not have this quality.

Pursuant to art. 3, I comma, lett. a) of the Legislative Decree 206/2005 (“ Consumer Code “) we remind you that natural persons who, in relation to the purchase of the Products, act for purposes unrelated to entrepreneurial, commercial or professional activity, are Consumers’ quality. or craft that may be carried out.

To natural persons the purchase is allowed only on condition that they have completed the eighteen years.

The Owner undertakes to describe and present the Products sold in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the site and the real product may be highlighted. Furthermore, any photographs of the Products on the site do not constitute a contractual element, as they are only representative.

The User expressly attributes to the Owner the right to accept even partially the order placed (for example in the case in which there is no availability of all the Products ordered). In this case, the contract will be considered perfected in relation to the products actually sold.

The Owner reserves the right to refuse an order:

    1. when the Product is not available;
    2. when the authorization to debit the cost of the Product to the User is denied;
    3. when at the time of purchase a price that is obviously wrong and recognizable as such is indicated. In this case, the User will be contacted by Customer Service to be informed and will receive a refund related to the transaction.
  1. Prices and payments

The Owner reserves the right to modify, at any time, the price of the Products. It is understood that any changes will not prejudice the contracts already concluded before the change.

The sales prices of the Products are inclusive of VAT; any other tax charged to the User will be indicated before confirming the purchase.

The User undertakes to pay the price of the Product purchased in the times and methods indicated on the site and to communicate all the data necessary to make the correct supply of the Products possible.

Any refund to the User will be credited promptly by one of the methods proposed by the Owner and chosen by the User and, in case of exercise of the right of withdrawal, at the latest within 30 days from the date on which the Controller became aware of the withdrawal.

The site uses third-party tools for processing payments and does not in any way come into contact with the payment information provided (credit card number, name of the cardholders, password, etc.).

Should such third-party tools deny payment authorization, the Holder can not provide the Products and will not be liable for any delay or for a non-delivery.

  1. Billing

The user will be asked for billing information. For the issuance of the invoice will be authenticated the information provided by the User that he declares and guarantees to be true, giving the Owner all the more indemnity in this regard.

  1. How to run Products

The Owner will provide the Products to the User, in the manner and within the time chosen by them or indicated on the website or in the order confirmation.

If the User does not intend to accept the new delivery term, he / she can request a refund that will be credited promptly by one of the methods proposed by the Owner and chosen by the User and, in case of exercising the right of withdrawal, at the latest within 30 days from date on which the owner became aware of the withdrawal.

  • Right of withdrawal

If the User has purchased an unsuitable product and / or conforms to his needs, he must send a written notice to FORCATO LIGHTING of Castenendolo Giovanni, including the identification details needed to identify the purchase.

The Owner will do everything in his power to find the best solution to the User’s needs. If this is not possible, the User must communicate to the same address the desire to withdraw from the contract.

The User acknowledges and agrees to lose the right of withdrawal relating to:

  • Products, within 30 days of purchase;

If the User decides to withdraw within the terms set out above, the Holder will reimburse – in the same payment methods used by the User – all payments received by the User without undue delay and, in any case, within 30 days from the day on The User has informed the Owner that he wants to withdraw from the contract.

  1. Industrial and Intellectual Property Rights

The Owner declares to be the holder and / or licensee of all intellectual property rights relating to and / or relating to the site and / or the materials and content available on it.

These Conditions do not grant you any use license relating to the site, to the individual Contents and / or materials available there, unless otherwise regulated.

All trademarks, figurative or name and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos that appear on the Site are and remain the property of the owner or his licensees and are protected by current laws on trademarks and related international treaties.

Any reproduction in any form of the explanatory texts and contents on the site, if not authorized, will be considered violations of the owner’s intellectual and industrial property rights.

  1. Exclusion of the warranty, responsibilities and duties of the User

The site is provided “as is” and “as it is available” and the Owner does not provide any explicit or implicit guarantee in relation to the data entered through the guided compilation (form), nor provides any guarantee that the site can meet the needs of Users or who never has interruptions or is free of errors, viruses or bugs.

Any explanatory texts provided in correspondence with the Products and the answers to the Users’ questions communicated through the form have the sole purpose of facilitating the use and understanding of the Products and are therefore not exhaustive and may not be adapted to the specific case of the User.

The Data Controller will endeavor to ensure that the site is available continuously 24 hours a day, but can not in any way be held responsible if, for any reason, the site is not accessible and / or operational at any time or for any period. Access to the site may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the will of the owner or due to force majeure events.

The User who accesses the services offered on the site is solely and exclusively responsible for the data transmitted for the purchase of the Products as well as the ownership of the data and, if referred to third parties, the free availability to the related processing.

The User releases the Data Controller from any responsibility in relation to the illegal dissemination of third party content or the use of the site in ways that are contrary to the law.

  1. Confidentiality obligations

The Owner agrees to keep strictly confidential and confidential and not to disclose to third parties, except for what is strictly necessary for the purposes of supplying the Product, any data or information that has been made known or simply became known in any form and / or on any support.
Without prejudice to the general confidentiality obligation referred to above, the Owner hereby recognizes the confidential nature of the information and documents of the User of which he becomes aware of and acknowledges that any right directly or indirectly related to their use is and will remain exclusive property of the User.

The owner agrees to do so, even pursuant to art. 1381 of the Civil Code, that all third parties, to whom confidential information will be made available for the purposes of the execution of the contract, act in compliance with the confidentiality obligations set forth above.

  1. Limitation of Responsibility

The Owner can not be held responsible towards the User, except in cases of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet outside the control of his own or his sub-suppliers.

The Owner will not be liable for damages, losses and costs suffered by the User as a result of the non-execution of the contract for reasons not attributable to him, having the User only entitled to any full refund of the price paid and any additional charges incurred.

The Holder assumes no responsibility for any fraudulent and illicit use that may be made by third parties, credit cards, checks and other means of payment, upon payment of the purchased products, if it proves to have adopted all the possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.

The User undertakes to maintain unharmed and to indemnify the Holder (as well as any companies controlled or affiliated by the same, its representatives, collaborators, consultants, administrators, agents, licensees, partners and employees), from any obligation or liability, including any legal expenses incurred to defend oneself in court, which may arise for damages caused to other Users or third parties, in relation to the Uploaded Content or to the violation of the terms of the law or the terms of these Conditions.

Therefore, the Holder will not be responsible for:

    1. any losses that are not a direct consequence of the violation of the contract by the Owner;
    2. any loss of business opportunity and any other loss, even indirect, possibly suffered by the User (such as, but not limited to, commercial losses, loss of revenues, income, profits or expected savings, loss of contracts or trade relations, loss of reputation or goodwill value, etc.);
    3. incorrect or unsuitable use of the Application by Users or third parties;
    4. the issue of incorrect tax documents due to errors in the data provided by the User, since the latter is solely responsible for the correct entry.

In no case may the Holder be held liable for a sum greater than twice the cost paid by the User.

  1. Major force

The Holder can not be held responsible for the non-fulfillment or delayed fulfillment of his obligations, due to circumstances beyond the reasonable control of the Owner due to force majeure events or, in any case, to unforeseeable and unpredictable events and, in any case, independent of the will , as an example and not exhaustive, breakdowns or interruptions to telephone or electrical lines, to the Internet and / or in any case to other transmission instruments, unavailability of websites, strikes, natural events, viruses and cyber attacks, interruptions in the provision of products, services or third-party applications.

The fulfillment of the obligations by the Owner will be considered suspended for the period in which events of force majeure occur.

The Data Controller will perform any act in its power in order to identify solutions that allow the proper fulfillment of its obligations despite the persistence of force majeure events.

  • Connection to third-party sites
  • The site may contain links to third-party sites. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites.

    Some of these links may refer to third-party sites that provide services through the site. In these cases, the individual services will be applied to the general conditions for the use of the site and for the use of the service prepared by third parties, with respect to which the owner assumes no responsibility.

    1. Waiver

    No waiver by each party of an article of these Conditions will be effective unless expressly declared to be a waiver and be communicated in writing.

    1. Invalidity of individual clauses

    If any provision of these Conditions is found to be illegal or invalid, it will not be considered as part of the Conditions and this will not affect the remaining provisions that will continue to be valid to the fullest extent permitted by law.

    1. Privacy

    The protection and processing of personal data will be in accordance with the Privacy Notice, which can be viewed at privacy-policy

    1. Applicable law and competent court

    These Conditions and all disputes concerning performance, interpretation and validity are subject to Italian law and to the exclusive jurisdiction of the court of the place where the Holder is located.

    If the User is a consumer in accordance with Article 3 of the Consumer Code, the territorial jurisdiction is mandatory of the court of the place of residence or domicile of the consumer, if located in the territory of the Italian State, except for the option for the User -consumer to appeal to a court other than the “consumer forum” pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set forth in articles. 18, 19 and 20 of the civil code of procedure.

    1. Online dispute resolution for consumers

    The Consumer resident in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer to resolve in a non-judicial manner any dispute concerning and / or deriving from contracts for the sale of goods and services stipulated on the network. Consequently, the Consumer can use this platform for the resolution of any dispute arising from the online contract stipulated with the Owner. The platform is available at the following address: http://ec.europa.eu/consumers/odr/

     

    Date of last modification: 25/05/2018

     

     

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