Terms and Conditions of www.lightprogress-shop.com

Introduction

These Terms govern the use of this Web Site and any other Agreement or legal relationship with the Owner in a binding manner. Capitalized expressions are defined in the relevant section of this document.

The User is requested to read this document carefully.

This Web Site is a service of:

Light Progress s.r.l.

Loc. San Lorenzo, 40

52031 Anghiari

Arezzo - Italy

Holder's email address: info@lightprogress.it

Need to know at a glance

Please note that certain provisions of these Terms may only be applicable to certain categories of Users. In particular, certain provisions may apply only to Consumers or only to Users not acting as Consumers. Such limitations are always explicitly mentioned in each affected clause. If not mentioned, the clauses apply to all Users.

The right of withdrawal applies only to European Consumers.

TERMS OF USE

Unless otherwise specified, the terms of use of this Web Site set forth in this section apply generally.

Additional conditions of use or access applicable in particular situations are expressly stated in this document.

By using this Web Site you represent that you meet the following requirements:

There are no restrictions referred to Users with respect to whether they are Consumers or Professional Users;

Registration

To use the Service, the User can open an account by indicating all the required data and information completely and truthfully.

You can also use the Service without registering or creating an account. In that case, however, certain features may not be available.

It is the responsibility of Users to keep their login credentials secure and preserve their confidentiality. To this end, Users must choose a password that matches the highest level of security available on this Web Site.

By creating an account, the User agrees that he/she is fully responsible for any activity carried out with his/her login credentials.

Users are required to notify the Controller immediately and unambiguously via the contact information provided in this document if they believe that their personal information, such as User account, login credentials, or personal data, has been hacked, unlawfully disseminated, or stolen.

Account closure

You are free to close your account and cease using the Service at any time by following this procedure:

Contacting the Holder at the contact information in this document.

Account suspension and deletion

The Owner reserves the right to suspend or delete a User's account at any time at its discretion and without notice if it deems it inappropriate, offensive, or contrary to these Terms.

Suspension or deletion of the account does not give the User any right to compensation, refund or indemnity.

Suspension or deletion of an account for causes attributable to the User shall not relieve the User from payment of any applicable fees or prices.

Content on this Web Site

Except where otherwise noted or clearly recognizable, all content available on this Web Site is owned or provided by Owner or its licensors.

The Owner takes the utmost care to ensure that the content available on this Web Site does not violate applicable law or the rights of third parties. However, it is not always possible to achieve this result.

In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address the relevant complaints to the contact details specified in this document.

Rights to the contents of this Web Site

The Owner expressly owns and reserves all intellectual property rights to the above content.

Users are not allowed to use the content in any way that is not necessary for or implied by the proper use of the Service.

In particular, but without exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sublicensing, transforming, transferring/alienating to third parties, or creating derivative works from the content available on this Web Site, from allowing third parties to engage in such activities through their User account or device, even without their knowledge.

Where expressly stated on this Web Site, the User is authorized to download, copy and/or share certain content available on this Web Site solely for personal, non-commercial purposes and subject to observance of the attribution of authorship of the work as well as the disclosure of any other relevant circumstances required by the Owner.

The limitations and exclusions provided by copyright law remain unaffected.

Access to external resources

Through this Web Site, Users may have access to resources provided by third parties. Users acknowledge and agree that the Owner has no control over such resources and therefore is not responsible for their content or availability.

The conditions applicable to resources provided by third parties, including those applicable to any grants of rights to content, are determined by the third parties themselves and governed in the relevant terms and conditions or, in their absence, by law.

Permitted use

This Web Site and the Service may be used only for the purposes for which they are offered, under these Terms and under applicable law.

It is your sole responsibility to ensure that your use of this Web Site and/or the Service does not violate any law, regulation, or the rights of any third party.

Therefore, the Owner reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Web Site or the Service, terminate contracts, report any censorious activity carried out through this Web Site or the Service to the competent authorities - e.g. the judicial or administrative authority - whenever the User puts in place or there is a suspicion that it puts in place:

Violations of laws, regulations, and/or the Terms;
Injury to the rights of third parties;
Acts that may considerably impair the legitimate interests of the Holder;
offenses against the Holder or a third party.

TERMS AND CONDITIONS OF SALE

Paid products

Some of the Products offered on this Web Site as part of the service are chargeable.

The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Web Site.

Product Description.

Prices, descriptions, and availability of Products are specified in the respective sections of this Web Site and are subject to change without notice.

Although the Products on this Web Site are presented as accurately as technically possible, the representation on this Web Site by any means (including, as applicable, graphic materials, images, colors, sounds) is for reference only and does not imply any warranty as to the characteristics of the Product purchased.

The characteristics of the selected Product will be specified during the purchase process.

Purchasing procedure

Each step, from choosing the product to placing the order, is part of the purchasing process.

The purchase procedure includes the following steps:

Users are asked to choose the desired Product and verify their purchase choice.

After checking the information visible in the purchase choice, Users can place the order by submitting it.

Order submission

Sending the order entails the following:

The submission of the order by the user determines the conclusion of the contract and gives rise to the User's obligation to pay price, taxes and any additional charges and expenses, as specified on the order page.

In the event that the Product purchased requires action on the part of the User, such as the provision of information or personal data, specifications or special requests, the placing of the order also constitutes an obligation on the part of the User to cooperate accordingly.

Once the order has been submitted, Users will be sent a confirmation of receipt of the order.

All notifications regarding the purchase process described above will be sent to the email address provided by the User for this purpose.

Prices

During the purchase process and prior to placing the order, Users are duly informed of all fees, taxes and costs (including any shipping charges) that will be charged to them.

Prices on this Web Site:

depending on the section the User is consulting include all applicable fees, taxes, and costs or are shown net of applicable fees, taxes, and costs.

Promotions and discounts

The Holder may offer special discounts or promotions for the purchase of Products. Such promotions or discounts are always subject to the requirements and terms and conditions set forth in the relevant section of this Web Site.

Promotions and offers are always granted at the sole discretion of the Holder.

Repeated or periodic promotions or discounts do not constitute any claim or right actionable by Users in the future.

As applicable, discounts and promotions are valid for a specific time period or while supplies last. Unless otherwise specified, time limitations on promotions and discounts are understood to refer to the time zone of the Holder's location as indicated in the contact information in this document.

Coupons

Promotions and discounts may be offered in the form of Vouchers.

In the event of a breach of the conditions applicable to the Vouchers, the Holder may legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take action in the appropriate fora, including the courts, in order to protect its rights and interests.

Any additional or divergent provisions applicable to the use of the Vouchers set forth on the relevant information page or on the Voucher itself shall prevail in all cases, regardless of the provisions that follow.

Unless otherwise specified, the following rules apply to the use of Vouchers:

Each Voucher is valid only if used in the manner and within the time period specified on the website and/or on the Voucher;

The Voucher can only be redeemed in full at the time of purchase - partial use is not permitted;

Unless otherwise specified, single-use Vouchers can be redeemed only once per purchase and can therefore be redeemed only once even in the case of installment purchases;

Vouchers are not cumulative;

The Voucher must be used within the specified validity period. After the period has expired, the Voucher will be automatically cancelled. Any possibility of claiming rights, including to a refund of the value of the Voucher, remains excluded;

The User is not entitled to any credit/refund/compensation in case there is a difference between the value of the Voucher and the redeemed value;

The Voucher is intended for non-commercial use only. Reproducing, counterfeiting, and marketing the Voucher is strictly prohibited, as is any illegal activity related to the purchase and/or use of the Voucher.

Means of payment

Details of accepted means of payment are highlighted during the purchase process.

Some means of payment are tied to additional conditions or incur additional costs. Detailed information can be found in the relevant section of this Web Site.

All payments are handled independently by third-party services. Therefore, this Web Site does not collect payment-related data - such as credit card numbers - but receives a notification once that the payment is successful. To receive more information about the processing of personal data and related rights, the User may refer to the privacy policy of this Web Site.

In the event that payment made by any of the available means fails or is rejected by the payment service provider, the Holder is not obligated to execute the order. In the event that the payment fails, the Holder reserves the right to claim reimbursement of any related expenses or damages from the User.

Reservation of property

Until the Holder receives payment of the full purchase price, the User does not acquire ownership of the Products ordered.

Delivery

Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.

Upon delivery, Users are required to verify that the package is undamaged, not damaged or wet and otherwise conforms to the standard characteristics of a package. Any disputes must be raised immediately with the carrier, failing which the product will be considered properly delivered. Users may refuse to accept the package if it is visibly damaged.

If the customer receives the damaged merchandise without submitting a reservation or requests its return to LIGHT PROGRESS SRL by instructing a carrier, the customer has a direct and exclusive action against the carrier and LIGHT PROGRESS SRL must be held free from any responsibility for loss or damage of the merchandise. Any costs for storing the goods with the carrier, in the event that delivery is impossible due to unavailability, shall be borne by the buyer.

If at the unloading of the goods is obvious damage to the packaging you can accept the package by writing "I accept with reservation right" on the transport document. once you open the package and found any damage, it will be possible to be compensated for the damage suffered according to the parameters of compensation of the d.lgs nr 286 of 21/11/2005.

Delivery can take place in the following countries or territories: Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Spain, and Sweden.

Delivery times are indicated on this Web Site or during the purchase process.

The following applies to Users not acting as Consumers:

Deliveries are made according to the conditions and within the timeframe indicated on this Web Site.

Unless otherwise specified, shipping costs are the responsibility of the User.

The risk of loss or damage to the goods passes to the User upon delivery to the courier.

Failure to deliver

The Owner shall not be liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in the completion of the purchase order, nor for any damages or delays occurring after delivery to a courier company engaged by the User and not proposed or approved by the Owner.

In the event that the goods are not delivered or picked up at the time or by the deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further arrangements.

Unless otherwise specified, any attempted delivery from the second will be at User's expense.

In the event that Users do not act as Consumers the foregoing is superseded by the following non-delivery discipline:

B2B non-delivery

Unless otherwise specified, shipping costs are the responsibility of the User.

The Holder is not liable in any way for any errors, delays (including if the User does not pick up the goods within the time limit set by the Holder or the courier), damage or loss of the goods after delivery to the courier.

If, in the impossibility of delivery, the goods are redelivered to the Holder, the User shall bear the costs of the resulting storage. The User is obliged to arrange for a new delivery attempt at its own expense, after agreeing with the Holder on suitable times and methods of collection.

Otherwise, the Owner may, at its discretion, terminate the contract or arrange for a new delivery attempt at the User's expense.

In either case, the Holder reserves the right to compensation for any damages suffered as a result of non-delivery.

Provision of personal data

To access or receive some of the Products provided through this Web Site as part of the Service, Users may be required to provide their personal information as indicated on this Web Site.

User Rights

Right of withdrawal

Unless an exception applies, the User may enjoy the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The User can find more information about the right of withdrawal in this section.

Who enjoys the right of withdrawal

Unless one of the exceptions listed below applies, Users acting as European Consumers without indicating a VAT number for billing purposes, enjoy by law the right to withdraw from contracts concluded online (distance contracts) within the time period specified below for any reason and without the need for justification.

Users who do not meet these requirements do not enjoy the rights described in this section. The Consumer shall be liable to the Seller 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.

Exercise of the right of withdrawal

To exercise the right of withdrawal, the User must send the Holder unequivocal notice of his intention to withdraw from the contract.

To return the materials, you must contact the owner at one of the contact details given in this document and request the Nonconformity Request Form (RNC). In order to comply with the period within which the right must be exercised, the User must send the RNC before the withdrawal period expires. Once the return form is received, it must be completed in its entirety and sent to the Holder in order to obtain the RNC number authorizing the sending of goods to the Holder's warehouse.

Only authorized goods will be accepted, otherwise they will be refused or returned to the sender at the sender's expense. Packages must be received with proper packaging for transportation. The RNC number is valid 14 working days from the date of issue.

When does the withdrawal period expire?

In the case of the purchase of goods, the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by the User and other than the courier - takes possession of the goods.

In case of purchase of several goods ordered together but delivered separately or in case of purchase of a single good composed of several lots or pieces delivered separately the withdrawal period expires after 14 days from the day when the User or a third party - appointed by the User and different from the courier - takes possession of the last of the goods, lots or pieces.

Effects of withdrawal

The Holder shall refund all payments received including, if made, those related to delivery charges to Users who have properly exercised their right of withdrawal.

However, the increased cost resulting from choosing a particular delivery method other than the cheapest standard delivery offered by the Owner will remain the User's responsibility.

The refund shall be made without undue delay and in any case within 14 days from the day on which the Holder was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund shall be made using the same means of payment used for the initial transaction. The User shall not incur any costs as a consequence of the withdrawal.

... on contracts for the purchase of tangible goods

Unless the Holder has offered to collect the goods, the User must return them to the Holder or other person authorized by the Holder to receive them without undue delay and in any case within 14 days from the day on which the User communicated his/her intention to withdraw from the contract.

The deadline is met if delivery of the goods to the courier or other authorized person occurs before the expiration of the 14-day period described above. Refunds may be withheld until receipt of the goods or until the User has provided proof of return of the goods.

The User shall be liable for any diminution in the value of the goods resulting from use of the goods other than that necessary to establish their nature, characteristics, and operation.

Return shipping costs are the responsibility of the User.

Conditions for obtaining the right of withdrawal

However, the right of withdrawal is subject to the following conditions:

the right applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the product purchased (eg: accessories, spare parts, etc. ...);

the purchased goods must be undamaged and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, accessories, etc. ...); should be avoided in all cases the attachment of labels or adhesive tapes directly on the original packaging of the product;

In accordance with the law, shipping costs related to the return of the goods are the responsibility of the customer;

shipment, until the certificate of receipt in our warehouse, is the full responsibility of the customer;

in case of damage to the goods during transport, LIGHT PROGRESS SRL will notify the customer of the incident (within the 5th day of receipt of the goods in their warehouses), to enable him to file a timely complaint against the courier of his choice and obtain reimbursement of the value of the asset (if insured); in this case, the product will be made available to the customer for its return, simultaneously canceling the request for withdrawal;

The Holder is not liable in any way for damage or theft/loss of goods returned by uninsured shipments;

upon its arrival at the warehouse, the product will be examined to assess any damage or tampering not resulting from transport. If the packaging and / or the original packaging are damaged, the Holder will deduct from the refund due a percentage, however, not exceeding 10% of the same, as a contribution to the costs of restoration.

The right of withdrawal is totally forfeited if the Holder determines:

Lack of the original outer packaging and/or inner packaging;
The absence of integral elements of the product (accessories, manuals, parts, ...);
Damage to the product due to causes other than its transportation.

In the event of forfeiture of the right of withdrawal, the Holder will return the purchased goods to the sender, charging the same for shipping costs.

Exceptions to the right of withdrawal

There is no right of withdrawal from contracts:

Of supplying goods that are likely to deteriorate or expire rapidly;
Of supply of goods that, after delivery, are, by their nature, inseparably mixed with other goods;

Guarantees

Legal guarantee of conformity of the Product according to European Union regulations

According to European legislation, the seller guarantees the conformity of goods sold to Consumers for a minimum period of 2 years from delivery. For companies, 1-year warranty from delivery applies, according to current regulations.

Where Users act as European Consumers, the legal warranty of conformity of goods applies to items available on this Web Site in accordance with the laws of the country in which they ordinarily reside.

The national laws of that country may grant Users broader rights.

Consumers who are not acting as European Consumers may have conformity warranty rights under the laws of the country in which they ordinarily reside.

Minimum requirements for warranty validity.

The warranty will be valid only if the original purchase invoice is presented by the purchaser.

Limits of warranty.

The guarantee excludes:

Damage caused by failure to follow the instructions accompanying the product at the time of purchase.

Periodic inspections, maintenance, repair or replacement of parts due to normal wear and tear.

The consumable parts - Use of spare parts or consumables that are not compatible with the product. Such compatibility is guaranteed only when using products recommended by the Holder.

Failures caused by modifications to the device without the Holder's consent.

Improper use of the product, dropping or shocks.

Modifications or repairs made by unauthorized persons.

Any defective equipment shall be returned at the User's expense to the Holder's office.

For the return of any defective materials, you must contact the Holder at one of the contact numbers listed in this document and request a Nonconformity Request Form (RNC). Once the return form has been received, it should be filled out in its entirety and sent to the Holder in order to obtain the RNC number authorizing the shipment of goods to the Holder's warehouse.

Limitation of liability and indemnity

Unless otherwise specified or agreed to with Users, Owner's liability for damages related to the performance of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.

Manleva

The User agrees to indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners and employees to the fullest extent of the law from any claim or demand - including, without limitation, attorneys' fees and expenses - made by any third party due to or in connection with conduct in violation of these Terms, third party rights, or the law, incurred in connection with the use of the Service and chargeable to the User, its affiliates, officers, agents, brand co-owners, partners, and employees, in negligence.

Limitation of liability for User's activities on this Web Site

Except where otherwise specified and subject to applicable provisions of law, any claim for damages against the Holder (or any natural or legal person acting on its behalf) is excluded.

The foregoing does not limit the Owner's liability for death, personal injury or damage to physical or mental integrity, damages arising from the breach of essential contractual obligations, such as obligations strictly necessary to achieve the cause of the contract, and/or to damages caused by willful misconduct or gross negligence, provided that the User's use of this Web Site has been fit and proper.

Unless the damage was caused with malice or gross negligence or affects life and/or personal, physical or mental integrity, the Holder is liable only to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.

Common provisions

No implicit waiver

The Holder's failure to exercise any statutory rights or claims arising under these Terms shall not constitute a waiver thereof. No waiver shall be deemed final with respect to any specific right or any other claim.

Interruption of Service

To ensure the best possible level of service, the Owner reserves the right to discontinue the Service for maintenance purposes, system upgrades or any other changes, giving appropriate notice to Users.

To the extent permitted by law, the Owner reserves the right to suspend or completely cease operation of the Service. In the event of termination of the operation of the Service, the Owner will endeavor to ensure that Users are able to extract their personal data and information and will respect the rights of Users relating to continued use of the product and/or compensation as provided by law.

In addition, the Service may not be available due to causes beyond the Owner's reasonable control, such as force majeure (e.g., infrastructural malfunctions, power outages, etc.).

Resale of the Service

Users are not permitted to reproduce, duplicate, copy, sell, resell or exploit this Web Site or the Service in whole or in part without the prior written consent of the Owner, either expressed directly or through a legitimate resale program.

Privacy policy

Information on the processing of personal data is contained in the privacy policy of this Web Site.

Intellectual Property

Without prejudice to any more specific provisions contained in the Terms, intellectual and industrial property rights, such as copyrights, trademarks, patents and designs relating to this Web Site are held exclusively by the Owner or its licensors and are protected under applicable international intellectual property laws and treaties.

All trademarks - word or figurative - and any other distinctive signs, firms, service marks, illustrations, images or logos that appear in connection with this Web Site are and remain the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.

Changes in Terms

The Owner reserves the right to change the Terms at any time. In such case, the Holder will give appropriate notice of the changes to Users.

Changes will take effect in the relationship with the User only from the time communicated to the User.

Continued use of the Service implies User's acceptance of the updated Terms. If the User does not wish to accept the changes, the User must cease using the Service and may terminate the Agreement.

The previous version continues to govern the relationship until the User accepts the changes. Such version can be requested from the Owner.

If required by law, the Owner will notify Users in advance of the effective date of the amended Terms.

Exception for Consumers in France

Notwithstanding the foregoing, any changes to these Terms will be communicated in writing at least one month before they become effective. If the Consumer (acting as such in France) does not accept the modified Terms, he/she shall have the right to terminate the Agreement without prejudice and without any right to compensation within four months from the date on which the modifications to the Terms became effective.

Assignment of contract

Holder reserves the right to transfer, assign, dispose of, novate, or contract out individual or all rights and obligations under these Terms, having regard to the legitimate interests of Users.

The provisions regarding modification of these Terms apply.

You are not authorized to assign or transfer your rights and obligations under the Terms without the written consent of the Owner.

Contact

All communications pertaining to the use of this Web Site should be sent to the contact information listed in this document.

Safeguard clause

Should any of the provisions of these Terms be or become void or ineffective under applicable law, the nullity or ineffectiveness of such provision shall not cause the remaining provisions to be ineffective, and they shall therefore remain valid and effective.

European users

Should any provision of these Terms be or become void, invalid, or ineffective, the parties shall endeavor to amicably locate a valid and effective substitute provision for the void, invalid, or ineffective provision.

In the event of failure to agree within the aforementioned time limits, if permitted or provided for by applicable law, the invalid, void, or ineffective provision shall be replaced by the applicable legal framework.

Notwithstanding the above, the nullity, invalidity, or ineffectiveness of a specific provision of these Terms does not result in the nullity of the entire Agreement, unless the null, invalid, or ineffective provisions under the Agreement are essential or of such importance that the parties would not have entered into the agreement had they known that the provision would be invalid, or in cases where the remaining provisions would impose an undue and unacceptable burden on one of the parties.

Binding version of the Terms

The Terms are drafted and revised in ITALIAN. Other language versions of the Terms are for informational purposes only. In case of any discrepancy between the different language versions, the original shall prevail.

Applicable law

The Terms are governed by the law of the place where the Owner is established, as set forth in the relevant section of this document regardless of conflict rules.

Prevalence of national law

However, regardless of the above, if the law of the country in which the User is located provides for a higher level of consumer protection, that higher level of protection shall prevail.

Jurisdiction

Exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms shall lie with the courts of the place where the Holder is established, as set forth in the relevant section of this document.

Exception for Consumers in Europe

The foregoing does not apply to Users acting as European Consumers or Consumers located in the United Kingdom, Switzerland, Norway or Iceland.

Dispute Resolution

Amicable settlement of disputes

Users may report any disputes to the Owner, who will attempt to resolve them amicably.

Although this is without prejudice to Users' right to bring an action in court, in the event of a dispute concerning the use of this Web Site or the Service, Users are requested to contact the Owner at the contact details set out in this document.

The User may address a complaint to the Holder's e-mail address listed in this document, including a brief description and, if applicable, details of the affected order, purchase, or account.

The Holder will process the request without undue delay and within 7 days of its receipt.

Consumer Dispute Resolution Platform

The European Commission has introduced an online platform for alternative dispute resolution to facilitate out-of-court settlement of disputes relating to and arising from online sales and service contracts.

Therefore, any European Consumer or one based in Norway, Iceland or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online. The platform is available here.

Keep in mind that as of March 20, 2025, no new complaints can be filed on the platform, but it can be used until July 19, 2025 for complaints filed by March 20, 2025. The platform will be discontinued as of July 20, 2025 due to the adoption of EU Regulation 2024/3228.

Definitions and legal references

Last modified: March 26, 2025