General conditions of Sale
for DreamLux® supplies and installations.
TERMS AND CONDITIONS
General conditions of Sale
1.1. These general terms and conditions of sale (GCS) regard all DreamLux® Products and Fabrics supplies and their possible installation, as well as to complementary and/or accessory services by the Supplier SAMSARA SRL, forming an integral part of the relative contracts concluded with the purchasing customer, through the traditional commercial channel or through the e-commerce section of the dreamlux.it website owned by SAMSARA SRL.
These GCS apply to all contracts concluded between the Supplier and the Customer without the need for an express reference to them or a specific agreement to that effect at the conclusion of each individual contract. The version of the GCS applied at the time of conclusion of the Contract is the one published on the websites owned by SAMSARA SRL at the addresses: https://www.dreamlux.it/termsandconditions
1.2. In any case, these GCS prevail over any general or particular purchasing conditions of the Customer, which will be applicable only if previously and expressly accepted in writing by the Supplier.
1.3. The Supplier may, however, consider itself committed to different and/or further and/or additional conditions to those indicated in these GCS, following negotiation between the parties and only if they are expressly accepted in writing by the same.
1.4. These GCS are governed by Italian law and will eventually be supplemented by the provisions of the Civil Code and Legislative Decree no. 206/2005 (so-called Consumer Code), where and as applicable.
1.5. These GCS are written in Italian and in other languages; in case of interpretative doubts, the text in Italian will always prevail.
2.1. GCS: these general conditions of sale. Supplier: SAMSARA SRL, with registered office in Milan, Via Giacomo Leopardi 26, C.F./P.I. 08477480969. Customer: the natural or legal person who purchases the Products and pays, directly or indirectly, the price of the same. Parties: the Supplier and the Customer. Products: the goods manufactured and/or marketed, sold, supplied and/or installed by SAMASARA SRL. Contract: each sale, supply of goods and/or services concerning the Products as defined above, concluded between the Supplier and the Customer. Quotation Request: each written request for a purchase estimate forwarded by the Customer to the Supplier. Sale Offer: each written sale/supply offer forwarded by the Supplier to the Customer. Acceptance of the Offer: each written communication forwarded to the Supplier by the Customer in which the Offer of Sale is accepted. Order: each electronic purchase proposal sent by the Customer to the Supplier, via email, in presence or via the e-commerce section of the website www.lumigram.com. Order Confirmation: each communication sent by the Supplier to the Customer by e-mail in which the Order is accepted. Supply and Installation Request: each written request for a purchase and installation estimate sent by the Customer to the Supplier. Sale Offer with Installation Service: each written supply offer and related installation service forwarded by the Supplier to the Customer. Installation Requirements: the set of technical characteristics and conformation of the places necessary for the installation of the Products. Technical Inspection: verification service of the Installation Requirements at the Customer’s premises by the Supplier. Inspection Report: document certifying the execution of the Technical Inspection for the verification of the Installation Requirements. Verification Testing: verification of the correct installation and functionality of the Products. Delivery Report: document certifying the successful Verification Testing. Consumer: the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out. Legal Guarantee: guarantee in favor of the Consumer Customer. Conventional Guarantee: guarantee in favor of the Customer.
3. Conclusion of the supply contract
3.1. Upon receipt of a Sales/Supply Quotation Request, the Supplier sends the Customer the relative Sales Offer in writing, to be qualified as a contractual proposal, containing: (a) the details of the Request; (b) the description of the Products; (c) the prices of the Products and the related payment terms; (d) the validity of the Offer; (e) the methods, delivery times and any transport costs; (f) the methods for accepting the Offer itself; (g) any other information that the Supplier deems useful or necessary.
3.2. The Contract is considered concluded with the sending by the Customer of the Acceptance of the Offer in writing to the Supplier and the payment of the deposit within the terms indicated therein.
3.3. If the balance of the deposit is not paid, at the latest, within 10 days following the expiry of the relative payment term indicated in the Offer, the Contract will be considered definitively terminated, without the Customer being able to advance rights or claims against the Supplier under any title.
3.4. Through the e-commerce section of the lumigram.it website, the Customer can forward to the Supplier a purchase order for the Products available therein, to be understood as a contractual proposal, together with the advance payment of the indicated price and the related shipping costs. applicable shipments charged there.
3.5. Where the order can be accepted, the Supplier shall promptly follow up with the Order Confirmation, by sending an e-mail to the e-mail account communicated by the Customer, thus considering the Contract concluded.
3.6. The Supplier has the right to accept or not the Orders received without, in case of non-acceptance, the Customer being able to advance rights or claims against it for any reason. It is understood that, in the event of non-acceptance of the Order, the Supplier will promptly refund the Customer any related amounts already paid.
4. Object of the supply contract
4.1. The Contract exclusively includes what is expressly indicated in the accepted Sale Offer or in the Order Confirmation, with the terms and any special conditions agreed therein.
4.2. For the description of the Products and of each of their technical specifications, only the information published on the dreamlux.it or www.lumigram.it websites or, if different, the sampling indications as seen and liked by the Customer and reported in the Offer of Sale accepted or in the technical sheets/tables and/or drawings signed by the Customer.
4.3. As for the supply of fabrics, the Customer acknowledges and accepts a tolerance of 2% with respect to the cutting measurements indicated in the Contract.
4.4. Characteristics and data possibly resulting from paper or web catalogs and/or any other documentation relating to the Products covered by the Contract are to be considered purely indicative and not binding for the Supplier.
5. Conclusion of the supply and installation contract
5.1. Before sending the Supply and Installation Request referred to in the following point, the Customer may ask the Supplier to carry out a Technical Inspection to verify the Installation Requirements, after quoting the consideration and the costs of the related service. At the end of the operations, the Client signs the Inspection Report.
5.2. Upon receipt of a Supply and Installation Request, the Supplier sends the Customer the relevant Sale Offer with Installation Service in writing, to be qualified as a contractual proposal, containing: (a) the details of the Request; (b) the description of the Products and the requested Installation Service; (c) the prices of the Products; the consideration for the Installation Service; staff travel expenses; as well as the related payment conditions; the Installation Requirements (d) the validity of the Offer; (e) the methods and times of delivery and execution, as well as any transport costs; (f) the methods for accepting the Offer itself; (g) any other information that the Supplier deems useful or necessary.
5.3. The Contract is considered concluded with the sending by the Customer of the Acceptance of the Offer in writing to the Supplier and the payment of the deposit within the terms indicated therein.
5.4. If the balance of the deposit is not paid, at the latest, within 10 days following the expiry of the relative payment term indicated in the Offer, the Contract will be considered definitively terminated, without the Customer being able to advance rights or claims against the Supplier under any title.
5.5. It is understood that, in order to allow the correct execution of the Installation Service, with the acceptance of the Offer the Customer also guarantees the existence of the Installation Requirements or that the state of the places has not changed since the Technical Inspection carried out.
5.6. If, during the execution of the service, the non-existence of the Installation Requirements or the modification of the state of the places has been ascertained, the Supplier will suspend the execution of the works and the Contract will be terminated automatically, if it is not possible to make an adjustment of the places at the Client’s care and expense or, alternatively, at the Supplier’s care, with recalculation of the original fee due for the Installation Service and the related execution terms.
6.1. Should the Contract be terminated legally pursuant to article 5.6, the Customer hereby acknowledges due to the Supplier the amount equal to the Price of the Products, any transport costs and staff travel expenses, in addition to a sum as a penalty equal to 20% of the taxable amount of the accepted Offer.
7. Running the Installation Service
7.1. The start date of the works is agreed in writing between the Parties and the Customer undertakes to make available to the Supplier, at least 3 days before the intervention, a suitable covered storage room for the custody and storage of materials and equipment until the end of the installation.
7.2. The Supplier undertakes to carry out the installation in a workmanlike manner, with its own qualified personnel, guaranteeing that the Products to be installed and the works to be performed are those indicated in the Contract, which the Customer declares to have identified as responding to their usage needs and will.
7.3. At the end of the works, the Verification Testing of the installation and functionality of the Products will be carried out jointly between the Parties and the relative Delivery Report will be issued, signed by the Customer for acceptance.
8. Prices and terms of payment
8.1. The prices of the Products, plus statutory VAT if exposed, are exclusively those indicated from time to time in the Sale Offer, in the Order Confirmation or in the Supply Offer with Installation Service, for the period of validity defined therein.
8.2. The prices are expressed in €URO and include exclusively what is indicated in the reference Contract, together with the relative payment terms.
8.3. Where payment by letter of credit or other similar forms of payment has been envisaged, the Customer assumes the costs of opening, notifying and confirming the letter of credit.
8.4. Finally, the Customer shall bear all any other ancillary costs such as those, by way of example, relating to: transport, insurance, export, transit, import or other types of authorizations, duties, taxes, tariffs and customs duties, as well as all related administrative costs. If such ancillary costs are charged to the Supplier or its auxiliary staff, the Customer is always required to reimburse them.
9. Shipping and delivery terms
9.1. Unless otherwise agreed, the supply of the Products is always understood to be Ex works/Ex Works, even when the shipment or part of it is the responsibility of the Supplier.
9.2. The risks inherent in the Products are transferred to the Customer, at the latest, from the moment of delivery of the same by the Supplier to the first carrier and/or to the shipper and/or to the Customer, where the delivery takes place directly.
9.3. The delivery terms vary in consideration of the Products ordered and the specific requests made by the Customer.
9.4. The delivery terms of the Products indicated in the Sale Offer, in the Order Confirmation or in the Supply Offer with Installation Service are indicative and do not imply any assumption of responsibility by the Supplier, unless otherwise agreed in writing in derogation of these GCS .
9.5. The Supplier reserves the right to reasonably make partial deliveries.
9.6. In the event of delay in transport, except in the case of willful misconduct or gross negligence, the Supplier cannot in any way be held liable for any reason and/or reason.
9.7. If, at the time of delivery, the condition of the packaging of the Products is evidently altered and/or damaged, the Customer has the burden of accepting the shipment with reserve.
10. Characteristics, use and maintenance of the Products
10.1. Fiber Optic Fabric is a fabric that literally lights up (fabric that emits light); It is made of ultra-thin optical fibers, directly woven with synthetic fibers. Optical fibers are specially processed to allow light to be emitted along the entire length of the fibers (side-emitting fibers). The optical fibers are then connected to ultra-bright LEDs (embedded in the edges at the edge of the fabric). These LEDs, in combination with the woven optical fibers, are what inject light into the fabric making it glow. The Fiber Optic Fabric is available in different colors. It is water resistant and can be washed by hand following certain indications.
10.2. The main applications of fiber optic fabric technology are luminous clothing, home decoration, interior architecture, stage decoration (fiber optic curtains), yacht or luxury car decoration, furniture, special events .
10.3. Fiber Optic fabric is as fast and flexible as any other synthetic fabric. However, unlike other synthetic fabrics, you must not completely fold (like a sheet of paper) the fabric perpendicular to the optical fibers, or you could permanently damage or break the optical fibers. The fiber optic fabric can be folded parallel to the optical fibers. For storage, it must always be rolled up, never folded along the grain direction.
10.4. The Fiber Optic Fabric can be gently washed by hand with water up to 50°C (120 degrees Fahrenheit) and natural soap. The batteries must be removed before washing. Do not immerse the fiber optic fabric. Fiber Optic Fabric should not be machine washed, folded (pressed) or dried. Do not iron bright fabric. To dry and smooth your fiber optic fabric products, simply hang them on a hanger.
10.5. Fiber Optic Fabric is a non-reflective material that transmits and emits light through optical fibers connected to LED lights. All of our battery powered products include an on/off switch on the battery which allows you to control when your items are lit. The Fiber Optic Fabric can be powered directly at 110/220 Volt using a small transformer. Both rechargeable and traditional batteries can be used in mobile/wearable applications to provide high performance lighting (bags, clothes or any other mobile object). The battery pack is hidden in a cleverly placed pocket or pockets depending on the piece. All of our products are shipped with the selected power type (batteries or AC adapters).
- For general cleaning: soft cloth and neutral soap. Clean in the direction of the grain;
- No rubbing;
- No heat sources;
- No rough materials;
- No drying;
- For laying Panels-Curtains and Installation:
- Grasp the panel delicately in the direction of the grain;
- Don’t bump;
- No crush;
- Do not lean on the corners;
- Lay on the ground on soft material on the horizontal side of the fiber;
- Don’t pull the fabric;
- Do not grip the fabric;
11.1. The Supplier guarantees that the Products, at the time of the transfer of risks or delivery to the Customer, if qualified as a Consumer pursuant to Legislative Decree no. 206/2005 (so-called Consumer Code), are free from manufacturing or material defects: for a period of 24 months in favor of consumer customers (Legal Guarantee); for a period of 12 months in favor of all other Customers (Conventional Warranty).
11.2. However, the Supplier does not provide any guarantee that the Products comply with the purposes of the Customer, who remains responsible for his own choice and for the consequences deriving from the use of the Products, as well as for the results expected or thus obtained.
11.3. The Supplier does not provide any guarantee for faults and defects deriving from: improper use of the Products; transport; non-compliance with the instructions for use; inadequate storage and/or maintenance; non-compliance with technical or safety standards; association or integration of the Products in devices and/or equipment not foreseen or authorized; any use, intervention, modification, or repair of the Products carried out by unauthorized third parties; normal wear; use of non-original or unauthorized spare parts; and in general force majeure, fault or negligence of the Customer.
11.4. The warranty provides, at the discretion of the Supplier, the replacement or repair of the Products and also includes the costs of return and new shipment to the Customer.
11.5. In the event of impossibility of replacement or repair, the Contract will be considered terminated, with a refund of the total amount paid by the Customer, without the same further claiming anything by way of compensation for direct and/or indirect damages and/or reimbursement of expenses.
12.1. Any complaints relating to the quantity, number or external characteristics of the Products (apparent defects), must be notified to the Supplier by certified e-mail to the address email@example.com, or registered letter with return receipt. addressed to Samsara Srl, Via Giacomo Leopardi 26, 20123 Milan, Italy, under penalty of forfeiture, within 8 days of delivery of the Products.
12.2. Any complaints relating to defects that cannot be identified by diligent inspection upon receipt (hidden defects), must be notified to the Supplier in the same manner as in the previous point, under penalty of forfeiture, within 8 days from the date of discovery of the defect .
12.3. In the case of a purchase by the Consumer Customer, through the e-commerce section of the Supplier’s website, any complaints must be notified to the Supplier by e-mail message in response to the Order Confirmation.
12.4. Upon receipt of the complaint, the Supplier will inform the Customer that it has taken charge of the complaint and the methods for returning the Products.
13. Consumer’s right of withdrawal
13.1. The Consumer Customer has the right to withdraw from the Contract pursuant to art. 52 Legislative Decree 206/2005, without any penalty and without specifying the reason, starting from the receipt of the Order Confirmation or from the acceptance of the Sale Offer within and no later than 14 days from the receipt of the Products to address indicated for delivery. The date shown on the delivery note is proof of receipt.
13.2. The Consumer Customer may exercise the right of withdrawal by means of a communication sent to the Supplier by certified e-mail, to the address firstname.lastname@example.org, or registered letter with return receipt. addressed to Samsara Srl, Via Giacomo Leopardi 26, 20123 Milan.
13.3. In the case of a purchase through the e-commerce section of the Supplier’s website, the withdrawal must be communicated by sending an e-mail message in response to the Order Confirmation.
13.4. If the Products have already been delivered, the Consumer Customer is required to return them to the Supplier within 14 days of receiving them; the date shown on the delivery document is full proof. For the purposes of expiry of the term, the Products are considered returned when they are delivered to the carrier or to the accepting post office.
13.5. The substantial integrity of the Products to be returned is an essential condition for exercising the right of withdrawal. The Consumer Customer will have to send the Products suitably wrapped and packaged, assuming the relative shipping costs which remain his sole responsibility.
13.6. Any refund will be ordered by the Supplier within 14 days of receiving the return, after verifying the integrity of the Products, using the same means of payment used by the Consumer Customer for the initial transaction.
13.7. As required by art. 59 Legislative Decree 206/2005, the right of withdrawal governed by these conditions of sale does not apply to products made to measure or clearly personalized.
14. Protection of personal data
14.1. The personal data provided by the Customer, or otherwise acquired as part of the Supplier’s activity, will be processed in compliance with EU Regulation no. 679/2016 and Legislative Decree no. 196/2003.
14.2. The Supplier declares that the data will be processed for the performance of the Contract and will not be disclosed to third parties, with the exception of companies belonging to the Group. In relation to the data provided, the Customer may exercise the rights pursuant to art. 12 of EU Regulation no. 679/2016: access by the interested party, rectification, cancellation, limitation of treatment, portability, opposition.
14.3. The data controller is SAMSARA SRL, in the person of its pro-tempore legal representative, with registered office in Milan, Via Giacomo Leopardi 26, C.F./P.I. 08477480969.
15. Disclaimer and Limitation of Liability
15.1. These GCS exhaustively regulate the Customer’s rights deriving from any contractual violations.
15.2. If the Client may make claims on the basis of the Agreement, the total amount of such claims is limited to the price paid by the Client.
15.3. In no event shall the Customer be entitled to compensation for damages not suffered by the object of the supply itself and, in particular, damages for loss of production, non-use, loss of orders, recall costs, assembly and disassembly costs, loss of earnings and other direct and indirect damages, as well as for any delays in carrying out repairs or replacements.
16. Industrial and intellectual property rights
17. Export Control and Trade Sanctions
18. Force Majeure
19. Applicable law and jurisdiction
CONTACT US: Samsara S.R.L. Via B. Buozzi, 2/B, Sant’Angelo Lodigiano (LO) / Phone: +39 0371 239929 / E-mail: email@example.com / WhatsApp: +39 331 757 7310