Terms and conditions of sale

1.Introduction
These Terms and Conditions of Sale govern the purchase of products that Our company, Benozzi Engineering S.r.l., based in 35017 Piombino Dese (PD), Via dei Selgari n. 16, C.F. and P.IVA 04499590281, PEC address amministrazione@pec.benozzi.com, promotes and sells on this Site (“Products”).
“Site” means the website www.fastlight.it. When a purchase is made on this Site, you will be asked to accept these Terms of Sale, and your acceptance of these Terms of Sale entails entering into a contract governed by these Terms of Sale. We reserve the right to change the Terms of Sale from time to time without notice by amending them on the Site. Such changes will not affect purchases made prior to the implementation of the change. You are therefore encouraged to regularly access the Site to check for any changes and/or updates to the Terms of Sale and to read the Terms of Sale carefully before placing an order for Products on the Site (“Order”).
We clarify that our Privacy Policy also governs your use of the Site, therefore, we encourage you to read the Privacy Policy carefully for important information about our privacy practices.
We inform the User that you may request information, send communications, or file complaints by contacting customer service at the following address: fastlight@benozzi.com.

2. Orders
You may place an Order to purchase a product advertised for sale on the Site by following the on-screen instructions after clicking on the product in which you are interested. You will be able to check and correct any errors in your order entry up to the time you place your Order. To place an Order, you must be 18 years of age or older.
After submitting an Order, you will receive an Order Confirmation e-mail. This e-mail contains all the details of the Order such as, for example, Order number, information about the Products, prices, shipping address, delivery charges, any additional charges, as well as information about the right of withdrawal. Note that this e-mail is a confirmation and is NOT an acceptance of the Order.
Acceptance of the Order and formation of a contract will take place upon sending a Shipping Confirmation e-mail of the ordered products, unless the User has been notified that the Order has not been accepted or the User has already cancelled it. The contract consists of the User’s Order, the email of receipt of the Order and Shipping Confirmation, and the Terms of Sale in effect at the particular time. No other terms or conditions will apply.
The User can check the status of an order by clicking on the “track my order” link in the Shipping Confirmation e-mail. Please remember that through the link you will have access directly to the carrier’s website over which we have no control.

3. Availability of Products
In case of unavailability of the Product ordered, without prejudice to the rights attributed to the Member by law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, the User will be promptly informed by e-mail. In this case, the User will be entitled to immediately terminate the contract, without prejudice to the right to compensation for damages, pursuant to and in accordance with the provisions of Article 61, IV and V paragraph, of the Consumer Code.
In the event that the User avails himself of the right of termination pursuant to Article 61, IV and V paragraph, Consumer Code, or in any case in which the payment of the Product has already been made, Benozzi Engineering S.r.l, without prejudice to the User’s right to compensation for damages, will make a refund of this amount without undue delay and, in any case, within a maximum period of 15 working days from the sending of the order. The amount of the refund will be communicated to the Member by e-mail. This amount will be credited to the same means of payment used by the Member for the purchase. Any delay in crediting may depend on the banking institution, type of credit card, or payment solution used. In any case, the value date will be the same as the charge.

4. Prices and payment
The price of the Products will be as stated periodically on Our Site. We do Our best to ensure that the information about the Products is accurate and up-to-date. We cannot, however, assure that there will be no errors in description and/or price, or that the Products will always be available should You decide to place an Order to purchase them. Our Site, in fact, contains many products and it is possible that, despite Our efforts, some of the products listed on the Site may show incorrect prices. We generally check prices in Our shipping procedures so that, where a correct price of a product is lower than the price listed, We may charge the lower amount at the time of shipment to the User. If the correct price of a product is higher than the price listed on Our Site, We will usually, at Our discretion, contact the User for instructions before shipping the product or rejecting the order and notify the User that We are rejecting the order. If the pricing error is obvious and unmistakable and could have been reasonably recognized by the User as an error, we should not supply products at an incorrect (lower) price.
The prices of the Products are indicated in Euros and are inclusive of Value Added Tax (VAT). Delivery charges and any other additional costs, including VAT and indicated in Euros, will be indicated separately in the order form, before the User proceeds to its transmission, as well as in the Order Confirmation e-mail.
Benozzi Engineering S.r.l. reserves the right to change the price of the Products at any time, without prior notice, it being understood that the price charged to the User will be the price published on the Site at the time the order is transmitted.
Transfer of ownership of the Products to the purchaser will occur only upon payment by the purchaser of the purchase price, delivery charges, and any additional charges.
We cannot accept the Order until it is paid in full. Payment can be made with most major credit or debit cards by completing the relevant details on the payment page, PayPal.
By using a credit/debit card to pay for your Order, you warrant and confirm that the card used is your own or, if not, that you are authorized to use that card. All credit/debit card transactions are subject to validation checks and authorization by the Issuing Institution. If the Card Issuing Institution refuses to authorize payment, we will not be able to accept the Order, we will not be obligated to inform you of the reason for the refusal, and we will not be responsible for non-delivery. We are not responsible for any charge by the bank or the Issuing Institution as a result of the processing of payment by credit/debit card as stated in the Order.
In the case of payment by credit card, clicking on the “Confirm” button when transmitting the Order will verify the validity of the card and ascertain the absence of any blockages. Benozzi Engineering S.r.l. does not have access to and does not store the data of the credit card used by the User to pay for the Products. In any case, we advise the User not to communicate their payment card details to anyone, including us, via e-mail or chat. We cannot be responsible for any losses that the User may incur by transmitting information to us via Internet connection, e-mail or chat. The responsibility for any such losses will be entirely the User’s.
In the case of payment through Paypal, please note the following. PayPal is a payment service provider, specializing in the area of issuing electronic money between a buyer and a third party. Paypal ensures the confidentiality of the buyer’s banking information. PayPal executes all types of payment orders given by its customers and pays Benozzi Engineering S.r.l. the amount within 3 business days. Upon confirmation of the payment order, the User authorizes PayPal to withdraw the relevant amount from an appropriate source of funds for the purpose of transferring the amount due to the recipient. Paypal will settle transactions in favor of Benozzi Engineering S.r.l. as follows:
– Positive balance: if the PayPal customer has funds in their account, PayPal will always use those funds to settle the payment;
– Sources of funding: if the PayPal customer does not have funding, or if the available funding is not sufficient to cover the transaction amount in full, PayPal will settle the transaction, or the remaining uncovered portion of the transaction, in the following order:
– Settlement by provision (where available);
– Settlement by immediate withdrawal from the customer’s bank account;
– settlement by Visa PayPal card;
– settlement by private credit card;
– settlement by credit card;
– settlement by PayPal prepaid card;
– settlement by deferred withdrawal.
– Periodic payments: if the PayPal customer has funding at the time the practitioner processes the payment, PayPal will use that funding and not the preferred payment method chosen by the customer.
– Delayed payment processing by the merchant: in the event of delayed payment processing by the merchant, and where the PayPal customer has funding at the time the merchant processes the payment and finalizes the transaction, PayPal will use that funding and not the preferred payment method chosen by the customer.
PayPal (Europa) S.à r.l. & Cie, S.C.A. (R.C.S. Luxembourg B 118 349), headquartered at L-2449 Luxembourg, is a Luxembourg credit institution duly licensed pursuant to Article 2 of the Financial Sector Act of April 5, 1993, as amended, and is subject to prudential supervision by the Luxembourg supervisory authority, Commission de Surveillance du Secteur Financier.
The data entered on the PayPal site will be processed directly by the same and will not be transmitted to or shared with Benozzi Engineering S.r.l.. In case of termination of the contract and in any other case of refund, for any reason, the amount paid to Benozzi Engineering S.r.l. will be credited by the same to the User’s PayPal account. Once the crediting order in favor of that account has been arranged, Benozzi Engineering S.r.l. cannot be held responsible for any delays or omissions in the crediting of the amount refunded, to dispute which the User should contact PayPal directly.

5. Delivery and return information
Deliveries will be made within the territory of Italy, including the islands, but excluding Livigno, Campione d’Italia and the Republic of San Marino; and to European countries (Belgium, France, Germany, Austria, Luxembourg, Netherlands, Spain, Denmark, Finland, Greece, Ireland, Portugal, Sweden, Czech Republic, Croatia, Poland, Slovak Republic, Slovenia, Hungary, Bulgaria, Cyprus, Estonia, Latvia, Lithuania, Malta, Romania). Any delivery date stated on the Site or in any document or email is approximate and does not constitute any guarantee of delivery on a specific date. Delivery charges will be added to the total amount due after selecting a delivery service from the available options and the cost of delivery, as well as the terms related thereto, are indicated at the time of order completion, prior to payment of the order. Delivery will be made to the address specified in the order. It is not possible to change the shipping address once the order has been placed. Title and risk of loss will be transferred to the User upon delivery of the products by Us to the carrier, unless otherwise agreed in writing by Us. It is the User’s responsibility to verify the condition of the Product delivered to him/her/that he/she has picked up. The User is advised to check the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, even in the sealing materials and we invite him, in his interest, to indicate on the transport document of the carrier, any anomalies, accepting the package with reserve. Receipt without reservation of the Products, in fact, does not allow the User to take legal action against the carrier, in case of loss or damage of the Products, except where the loss or damage is due to malice or gross negligence of the carrier itself and except for partial loss or damage not recognizable at the time of delivery, provided that in the latter case, the damage is reported as soon as known and no later than eight days after receipt. In the event that the package shows obvious signs of tampering or alteration, the User is also advised to promptly notify Customer Service. This is without prejudice, in any case, to the application of the rules on the right of withdrawal and the legal guarantee of conformity referred to in Articles 6 and 7.
In case of delay or non-delivery, the User may contact our Customer Service:
– through the Site, by sending an email via the contact form;
– by writing to the email address fastlight@benozzi.com
– by calling from Italy on +39 389 663 4911 (Local rate).
Customer Service is available to Users Monday through Friday, 8:30 am to 5:30 pm. In case of non-delivery, the User has a period of 30 days from the initially announced delivery date to report it to our Customer Service so that the latter can proceed to open an audit with the courier. To this end, Benozzi Engineering S.r.l. reserves the right to ask the User for the supporting documents necessary for the opening of the said verification. At the end of the aforementioned 30 days, the Order will be considered delivered and no dispute regarding non-delivery will be possible anymore. If the User does not receive the goods after making this request, then he/she will have the right to cancel the order in the same manner as provided above. Benozzi Engineering S.r.l. will refund the User the total amount paid by the same for the Product immediately and, in any case, no later than fourteen days from the transmission of the proven request for cancellation of the Order for non-delivery or delayed delivery. The User consequently acknowledges that, in the event of failure to respond to the e-mail from Customer Service, after three months from the day on which the package was returned to Benozzi Engineering S.r.l., the contract shall be deemed rescinded by right pursuant to and for the purposes of art. 1456 c.c. Resolved the contract, Benozzi Engineering S.r.l. will proceed to refund the total amount paid by the User, minus the costs of the unsuccessful delivery of the Product, the costs of returning it to Benozzi Engineering S.r.l. as well as any other expenses in which it has incurred as a result of such non-delivery. The termination of the contract and the amount of the refund will be communicated to the User by e-mail.

6. Right of withdrawal
The User who holds the quality of Consumer (this clause, therefore, is NOT applicable to customers with VAT number) has the right to cancel the order without any reason, using the right of withdrawal to be exercised within 14 days of receipt of the goods.
The Withdrawal Period expires after 14 days:
(a) in the case of an order for a single Product, from the day on which the User or a third party, other than the carrier and designated by the User, acquires physical possession of the Product;
(b) in the case of a multiple order with separate deliveries, from the day on which the User or a third party, other than the carrier and designated by the User, acquires physical possession of the last Product; or
(c) in the case of an order for delivery of a Product consisting of multiple lots or pieces, from the day on which the User or a third party, other than the carrier and designated by the User, acquires physical possession of the last lot or piece;
To exercise the right of withdrawal in relation to an order, the User must inform Benozzi Engineering S.r.l. of its decision to withdraw, before the expiry of the Withdrawal Period. To this end, the User may:
(a) use the standard withdrawal form (“Standard Withdrawal Form“) made available to him/her on the Site, through the appropriate link, prior to the conclusion of the contract, and, in any case, through the“Withdrawal Form” link, present in the footer of the Site and attached to the order confirmation e-mail; or
(b) submit any other explicit statement of his/her decision to withdraw from the contract (“Withdrawal Statement”) containing the order number, the Product(s) for which he/she intends to exercise the right of withdrawal and his/her address.  

The Model Withdrawal Form or Declaration of Withdrawal should be sent, depending on the medium used, to the following addresses: Benozzi Engineering S.r.l., 35017 Piombino Dese (PD), Via dei Selgari No. 16; e-mail fastlight@benozzi.com. Once you have notified us of your intention to return the Product, you must return the Product to Benozzi Engineering S.r.l., without undue delay and in any event within the period of 14 calendar days from the date you notify us of your decision to withdraw. The Product, properly protected and packaged, must be shipped to the address indicated on the Standard Withdrawal Form provided to the Member, namely: Benozzi Engineering S.r.l., 35017 Piombino Dese (PD), Via dei Selgari no. 16. The User shall bear the direct cost of returning these items. The return of the Product shall be the responsibility of the User; the Product shall be deemed returned at the time it is delivered to the carrier. In the case of the return of one or more Products, the User will be refunded all payments made for the purchased goods in addition to the delivery charges for a maximum amount equal to the type of delivery offered by us, no later than 14 days from the day we received the returned Product(s). The refund will be made using the same means of payment used by the User for the initial transaction; in any case, the User will not incur any costs as a consequence of such a refund. Reimbursement may be suspended until receipt of the Products or until User demonstrates that it has returned the Products, whichever is earlier. The User shall be liable only for any diminution in the value of the goods resulting from any handling of the Product other than that necessary to establish the nature, characteristics and operation of the Product. In any case, the Product must be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and explanatory sheets, with the identification tags, labels and disposable seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for its intended use and free of signs of wear or dirt. Moreover, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories (which do not constitute independent Products) of the Product. In the event that the withdrawal has not been exercised in accordance with the provisions of applicable law, it will not result in the termination of the contract and, consequently, will not entitle the User to any refund, however, we will notify the User within 8 working days of receipt of the Product, rejecting the request for withdrawal. The Product, if already received by Benozzi Engineering S.r.l., will remain available to the User for collection, which must be done at the expense and under the responsibility of the User.

In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from a handling of the good other than that necessary to establish the nature, characteristics and functioning of the Product, the refund amount will be reduced by an amount equal to this decrease in value. Of the circumstance and the resulting decreased amount of reimbursement we will notify the User within 5 working days of receipt of the Product, providing the same, if the reimbursement has already been paid, the bank details for the payment of the amount due by the User due to the decrease in value of the Product.
In the event that, one of the assumptions of the law, the right of withdrawal does not apply, this exclusion will be given specific and express notice in the Product sheet and, in any case, during the purchase process, before the User proceeds to the transmission of the order. In any case, the User is reminded that, pursuant to Article 59 of the Consumer Code, the right of withdrawal is excluded, inter alia, in the event that the sale relates to products made to measure or clearly personalized.

7. Legal guarantee of conformity
The Products offered on the Site comply with the regulations applicable in Italy on the subject. It will be the responsibility of Benozzi Engineering S.r.l. to do its best to ensure that the images of the Products published on the Site represent as faithfully as possible the Products offered for sale. However, the colors of the Products may differ from the real ones due to the settings of the computer systems or computers used by Users to view them. Each Product is accompanied by a detailed description that allows you to know its main characteristics.
All Products sold on the Site are covered by the legal guarantee of conformity provided by Articles 128 -135 of Legislative Decree No. 128-135 of the Consumer Code (“Legal Warranty”).
The Legal Warranty is reserved for CONSUMERS. It, therefore, applies only to Users who have made the purchase on the Site for purposes unrelated to the entrepreneurial, commercial, craft or professional activity carried out, if any, for which, instead, Articles. 1490 et seq. c.c. will apply.
Benozzi Engineering s.r.l. (“Seller”) is liable to the consumer for any lack of conformity existing at the time of delivery of the Product and which becomes apparent within two years from such delivery. The lack of conformity must be reported to the Seller, under penalty of forfeiture of the warranty, within two months from the date on which it was discovered. Unless proven otherwise, defects of conformity that become apparent within six months after delivery of the Product shall be presumed to have existed on that date, unless such assumption is inconsistent with the nature of the Product or the nature of the defect of conformity. Starting from the seventh month following delivery of the Product, on the other hand, it will be the consumer’s burden to prove that the lack of conformity already existed at the time of delivery of the Product.
In order to take advantage of the Legal Warranty, the User must therefore first provide proof of the date of purchase and delivery of the good. It is advisable, therefore, that the User, for the purpose of such proof, keep the invoice/receipt of purchase, which Benozzi Engineering S.r.l. sends him, or any other document that can attest to the date of making the purchase (for example, the credit card statement) and the date of delivery.
For the purposes of this Article, a lack of conformity occurs when the purchased good:
– Is not suitable for the use to which goods of the same type are ordinarily put;
– does not conform to the description made by the Seller and does not possess the qualities of the good that the Seller has presented to the consumer as a sample or model;
– does not present the usual qualities and performance of a good of the same type, which the consumer can reasonably expect, taking into account also the statements made in advertising or labeling;
– is not suitable for the particular use intended by the consumer and which has been brought to the knowledge of the Seller by the consumer at the time of the conclusion of the contract and which the Seller has accepted.
Therefore, any failures or malfunctions or other defects caused by accidental events or by the User’s responsibility or by use of the Product not in accordance with its intended use and/or with what is provided for in the technical documentation attached to the Product, if any, or in the instructions for use relating to it, are excluded from the scope of the Legal Warranty.
In case of conformity defect duly reported within the terms, the User has the right:
– in the first instance, to the repair or replacement of the good free of charge, at its option, unless the remedy requested is objectively impossible or excessively onerous in comparison with the other and, therefore, in the specific case, considering the type of sale, to the replacement, where this is possible in relation to the number of specimens still available for sale;
– secondarily (i.e., in cases where repair or replacement is impossible or excessively costly, or where repair or replacement has not been carried out within a reasonable period of time, or where repair or replacement previously carried out has caused significant inconvenience to the consumer) to the reduction of the price or termination of the contract, at the consumer’s option.
The remedy requested is excessively onerous if it imposes unreasonable expenses on the Seller in comparison to the alternative remedies that can be exercised, taking into account (i) the value that the good would have if there were no conformity defect; (ii) the extent of the conformity defect; (iii) whether the alternative remedy can be exercised without significant inconvenience to the consumer.
In the event that a Product purchased on the Site, during the period of validity of the Legal Warranty, manifests what could be a conformity defect, the User must contact Customer Service, at the contact details and in the manner indicated in art. 4. Benozzi Engineering S.r.l. will promptly respond to the communication of the alleged lack of conformity and will indicate to the User the specific procedure to be followed, also to agree on how to ship the goods, also taking into account the merchandise category to which the Product belongs and/or the defect reported.
In case of termination of the contract, Benozzi Engineering S.r.l. will return to the User the total amount paid, consisting of the purchase price of the Product, the shipping costs and any other additional cost. In case of price reduction, Benizzi Engineering S.r.l. will return the amount of the reduction, previously agreed with the User.
The amount of the refund or reduction will be communicated to the user via e-mail and credited to the means or payment solution used by the User for the purchase.
Benozzi Engineering S.r.l. shall not be liable in case of damages, of any nature whatsoever, resulting from the use of the Product in an improper manner and/or not in accordance with the instructions provided by the manufacturer as well as in case of damages resulting from fortuitous events or force majeure.

8. Intellectual Property
The content of the Site is subject to Italian copyright law. The content of the Site may be changed at any time without prior notice. No content from the Site may be copied, reproduced, published, downloaded, resent, transmitted, or distributed in any way. You are permitted to print and copy content from the Site for the limited and exclusive purpose of browsing the Site, making purchases, and placing orders through the Site. Use of the contents of the Site for commercial purposes is prohibited. This is without prejudice to the User’s right to store and print the General Terms and Conditions of Sale. Modifying the contents of the Site or using them for other than merely personal purposes constitutes a violation of Benozzi Engineering S.r.l.’s intellectual property rights.
In particular, it is prohibited to use such content on another Internet site or in a networked computer space. Only and exclusively simple links with the home page of the Site are allowed. Any other kind of linking (deep linking, online linking, framing) is prohibited.
The existence on a third party site of a link to the Site does not imply the existence of a collaboration between Benozzi Engineering S.r.l. and such site and, consequently, Benozzi Engineering S.r.l. assumes no responsibility regarding the contents of third party sites that may contain a link to the Site.
The Site may contain links, banners or other hypertext links to Benozzi Engineering S.r.l.’s partner sites or to third party sites, however, we do not control or monitor those sites and, therefore, we are not responsible for the content of those sites and/or any harm access to them may cause the User.

9. Exhaustiveness
These General Terms and Conditions of Sale, together with the information provided during the purchase process, represent the entirety of the agreements between Benozzi Engineering S.r.l. and Users with respect to the purchase of products on the Site.
In the event that any of the provisions of these General Terms and Conditions of Sale should be deemed invalid, they shall remain valid and effective for the remainder.

10. Applicable law and competent court; out-of-court settlement of disputes – Alternative Dispute Resolution/Online Dispute Resolution
Contracts concluded between Users and Benozzi Engineering S.r.l. are governed by Italian law. It is without prejudice to the application to Users who have the status of consumers and who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for the return of the Products, in the event of the exercise of this right, the procedures and formalities for the communication thereof and the legal guarantee of conformity. Please note that in the case of a User who has the status of consumer, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the Court of the place where the User resides or has elected domicile shall have jurisdiction. Where, on the other hand, the User makes purchases on the Site for purposes inherent to his or her entrepreneurial, commercial, handicraft or professional activity that he or she may carry out, the Court of Padua shall have jurisdiction over any dispute relating to the application, execution and interpretation of these General Conditions of Sale. Benozzi Engineering S.r.l. also informs the Member who holds the status of consumer under Art. 3(1)(a) of the Consumer Code that a European platform for online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be accessed at http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer will be able to browse the list of ADR entities, find the link to the website of each of them, and initiate an online dispute resolution procedure for the dispute in which he or she is involved. In any case, the right of the User who has the status of consumer to bring the dispute arising from these General Conditions of Sale before the competent ordinary court of law, whatever the outcome of the out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis Consumer Code, shall be unaffected. The User who resides in a state of the European Union other than Italy may, in addition, have access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for small claims, by Regulation (EC) no. 861/2007 of the Council, July 11, 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00. The text of the regulations can be found at www.eur-lex.europa.eu.

Last updated: 03/29/2023