Terms and conditions of sale

Terms and  Conditions of Sale (Vers. 1.2018)

The following document is given to you by WORTHEL AG, (from here forward “WORTHEL”), owner of the treatment of personal data (hereinafter “Personal Data”) that are collected on our websites and applications for smartphones and tablets tablet (hereinafter site and applications are defined as “Application” and/or “Applications”), provided directly by you, or otherwise received or generated by us as a result of processing, in connection with your subscription to our Applications. The rights to exploit this site belong to WORTHEL AG, a joint-stock company located in Switzerland, with registered office in Via Santa Maria 68a 6596 Switzerland CHE-149.280.663. The 8 light brand and the https://8-light.com/ website are owned by Worthel AG Switzerland 1.Subject The application contains information concerning the products and services offered by WORTHEL. Some of them may not be available in certain countries. The reference to any product or service does not imply that it is available in its location.
  1. Conditions of Use
The present “Terms of Use” fix access to and use of the application. Your Access to it involves the acceptance without reserve of the present Terms of use. The user is considered to be one and only responsible for the use of the application of the reproduction of its contents and of any consequence that could possibly arise. The user undertakes to use the present application, its contents and services in accordance with the law of the present conditions, morality and public order. In the same way, it is forbidden to use the application, its content and services for illegal activities or contrary to the contents of these conditions, which may adversely affect the interests or rights of third parties, or that in any way could damage, render it unusable or inaccessible or deteriorate the application, its contents or its services or prevent normal use by other users. Furthermore, the user specifically undertakes not to destroy, alter, render it unusable or in any other way, damage data, programs or electronic documents contained in the application and not to impede the access of other users through a large consumption of computing resources that WORTHEL uses to provide the service as well as to undertake actions that harms, interrupt or generate errors in the above systems or services. Also undertakes not to introduce programs, viruses, macros, applets, ActiveX controls or any other logical device or sequence of characters that cause or may cause any type of alteration in the computer systems WORTHEL or of third parties. The documents and graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information available. WORTHEL and/or its respective suppliers may, at any time, make improvements and/or changes to (ai) product(s) and/or al(to) program(s). If the user breaches these Terms of use, the rights of third parties or the applicable legislation, WORTHEL reserves the right to deactivate or block your access to the application. The use of the services covered by the application does not require the transfer of geodata. WORTHEL is not responsible for any security errors or possible damage to the device
  1. Industrial and Intellectual Property
All industrial and intellectual property rights on information, data, graphics, designs, software, brands and other contents of the application are property of WORTHEL and/or its licensors, therefore it is forbidden to any use, reproduction, transmission, transforming, distribution or exploitation on the part of the user, if not as part of the service in which the application is integrated and with aims exclusively private.    
  1. Privacy Policy
WORTHEL undertakes to fulfill the European legislation on protection of personal data and to comply with the duty to store it confidential, by adopting the necessary measures to avoid their alteration, loss, treatment or unauthorized access, taking into account in every moment the state of technology. You can exercise your rights of access, modification, cancellation and opposition, as well as revoke the consent granted for sending electronic commercial communications, by sending an e-mail to sales@8-light.com, or a letter to Worthel AG, Via Santa Maria 68 ° 6596 Gordola Switzerland.  5. Interruptions and changes the application services may be interrupted due to maintenance work or errors not attributable to WORTHEL, which will be resolved in a reasonable period of time. WORTHEL reserves the right to modify at any time and without notice, the characteristics, functions or the scope of the services of the application as well as any information collection here. The user will be informed in a reasonable time. 6. Third Party Links The present application may contain links to other sites and incorporate information obtained from third parties. The present legal notice refers only to the application of WORTHEL and does not apply to link or to third party advertising accessible through the application. The destinations of these connections are not subject to the control of WORTHEL and therefore WORTHEL is not responsible for the content of the pages to which these links refer, nor of any advertising included in WORTHEL.WORTHEL indicate to users the  links and information only for their convenience, but underlines that it is for their responsibility to read and accept the terms of use and the privacy policies of the linked sites.  
7. Jurisdiction and applicable law
 Should any conflict or discrepancy arise in the interpretation or application of these Conditions or in the use of the Application, the competent Courts  will be those which will establish from the applicable legal regulation. In this case the Court will be that  the legal residence of the customerAnyway the customer will have the right to apply to the “Giunta Arbitrale del Consumo” of his district.  
8. Responsibility
 WORTHEL is in no way responsible for web sites or applications accessed through the present application. When you access to a website or an application non-WORTHEL, even if it should contain the logo WORTHEL or 8 light, we must remember that it is a site or an indipendent application from WORTHEL and that the latter has no control over the content of the site and of the application in question. Moreover, the presence of a link to a site or application non-WORTHEL does not imply the approval or acceptance of responsibility by WORTHEL about their content or use. It is your responsibility to take every necessary precaution to ensure that any material you decide to pick up and use is free of destructive elements such as viruses, worms, “Trojan horses” and so on.  WORTHEL is not responsible for any direct, indirect, special or consequential damages related to the use of the present application or other web sites and applications that are accessed by a hyperlink, including, without limitation, damages such as loss of profits or turnover, interruption of business or professional, loss of programs or other data located in your computer system even if WORTHEL WAS EXPRESSLY MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. All information is provided exclusively in “the state in which they are found”. WORTHEL assumes no liability or warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability or non-infringement of use. WORTHEL reserves the right to make, without notice and at any time, modifications and/or updates to the conditions of use. The user, by continuing to use this application, also accepts these updates and/or changes; this page, therefore, should be periodically visited to check the conditions of use at the time in force. WORTHEL will make every reasonable effort in order to make the application always working and available. However, the application is available under the cover of a mobile network which is not controlled by WORTHEL. For this reason, WORTHEL cannot be held responsible for the lack of availability of the application or any type of difficulties in its use or in access to content for lack of network. If you are not the owners of the telephone contract whose device is used the application, it is assumed that you have received the authorization to use the application by the holder of the mobile phone contract.

General conditions of sale We invite you to read carefully the present General Conditions of Sale before any purchase on website https://8-light.com/ and on the application for smartphones and tablet.
Making any purchase of products shipped from Switzerland you are accepting the present General Conditions of Sale.The purchase of products on this application includes a contract of sale with the company WORTHEL AG, Via Santa Maria 68a 6596 Gordola Switzerland and the order will be shipped from Switzerland 
1.

Object The sale contract has as his object the stickers of products offered on Https://8-light.com/ and will be made at a distance via telematic networks. 
2. Subjects
These general terms and conditions regulate exclusively the sales contracts stipulated with consumers – persons acting for purposes unrelated to the business, commercial or professional- and WORTHEL Switzerland 
3. Conclusion of the contract and acceptance of the general conditions of sale
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The contracts for the sale of products offered for sale on this Application are considered concluded when the payment transaction occurred 
4. Consumer Obligations
 Before sending the purchase order, the consumer must carefully read these general terms and conditions. The submission of the purchase order implies their full knowledge and acceptance. Finally, the consumer is obliged, once the online purchase procedure is concluded, to print and keep these general contract conditions, already viewed and accepted during the conclusion phase of the contract. 
5. Purchase procedure
The consumer buys the product, whose characteristics are illustrated online in the relative descriptive or technical sheets, depending on the product, at the price indicated therein to which must be added the cost of delivery specified on the Application and on the purchase order. Before the purchase order is sent, the unit cost of each selected product is summarized, together with the total cost in case of purchase of several products and the related delivery costs. Once the purchase order has been validated by WORTHEL, the consumer will receive an email from WORTHEL confirming receipt of the purchase order and containing information on the main features of the product with detailed indication of the price, delivery costs, applicable taxes and payment method. 
6. Payment methods
The consumer can make the payment  by choosing one of the following methods listed. • Payment by credit card Payment  by credit card can only be made with credit card from holder/credit card holder. (See Payment Terms). If the consumer intends to make the payment by credit card, he can take advantage of a procedure, available by WORTHEL, suitable to ensure the confidentiality of the data provided by the customers. In particular, by entering the card number and expiration date in the field as well as the security code shown on the back of the card. The amount will be charged to the credit card when ordering. In case of refusal of payment by your bank, WORTHEL AG reserves the right to suspend any processing of the order.The credit / debit card data are in no way saved or deferred to third parties, the data are processed directly by the Payment Service Provider (PSP) which processes payments in a safe and secure environment (secure entry through connection and certification SSL encrypted Standard GDPR).In order to protect the user and WORTHEL AG from every kind of abuse product orders are subject to regular checks. In the context of this procedure, the WORTHEL AG is authorized to suspend the processing of an order and contact the user or the beneficiary to obtain the data necessary to unlock the order e.g. the documentation certifying residence, the identity and the charge.This documentation must be conform to the shipping and billing information indicated in the order, as well as any details regarding the credit card holder with whom the payment is made. In the case of Invoicing, where applicable, for orders with a billing address other than the delivery address, WORTHEL AG – www.8-light.com will be able to contact both listed persons, that is to say, the contact person for the delivery address and the person named for the billing address. The information related to this process may be subjected to an automatic data processing, aimed at determining the level of security of transactions and preventing credit card fraud. These supporting documents can be requested by e-mail or by telephone. Failure to send the latter may result in the cancellation of the order. • Payment with alternative waysThe consumer can choose one of the “alternative methods” (See Alternative mode) of payment highlighted in the Application and follow the instructions provided (depending on the country and the type of store: it could be a postal order, international postal bulletin, bank transfer or PayPal). When payment is made by postal order or bank transfer, the consumer must indicate the “Order ID” number that appears on the summary page at the conclusion of the purchase procedure, in order to facilitate the evasion procedure. 
7. Delivery of products
 The purchased product is delivered to the geographical address indicated by the consumer. Any specific needs must be indicated to WORTHEL by the consumer. WORTHEL provides for the delivery to the geographical address of the consumer of the product he purchased via express courier or postal service. The delivery of the product is guaranteed within 30 working days from the day following the one in which the consumer has performed the online payment transaction. In the case that the consumer has chosen the method of payment by like postal order, bank transfer or international money order, the product is delivered within 30 days from the day on which WORTHEL receives the payment. If the purchased product is not available, WORTHEL will inform the consumer at the email address communicated by the consumer (or, if not indicated, to another address that the consumer will indicate in the order). In case of only temporary unavailability of the property, WORTHEL will communicate this circumstance to the consumer, who can choose to wait for the availability of the asset or cancel the order and obtain a refund of the price paid. In case of definitive unavailability of the property, WORTHEL will communicate this fact to the consumer who can choose whether to order a different item or cancel the order and obtain a refund of the price. 
8. Guarantee of conformity and defective products
 The products purchased on the application “8 light” (www.8-light.com) are subject, unless stated otherwise in these general conditions, the rules on the sale-purchase of the Swiss Code of Obligations. Products delivered shall comply with the characteristics illustrated online in their descriptive cards or techniques, depending on the product purchased by the consumer. WORTHEL is responsible to the consumer for the conformity defects existing at the time of delivery of the products. In the case where the product delivered present a lack of conformity, the consumer shall be entitled to the restoration of conformity of the goods or the replacement of the same or, if this is not possible, the termination of the contract with the consequent return of the price paid. Without prejudice to the applicability of the remaining provisions contained in the Swiss Code of Obligations, the predicted right is recognized to the consumer if the product was used correctly, in respect of its destination and as provided in the Instructions for Use. Terms. The consumer is obliged to inform WORTHEL to the lack of conformity of the product within 2 years from delivery and within 30 days from the date on which he discovered the defect. The consumer lapses from the rights listed above if no complaint of the lack of conformity within the term indicated. 
9. Right of withdrawal / termination
 The consumer can exercise the right of withdrawal. In particular, the consumer has the right to withdraw from any contract concluded with WORTHEL without any penalty and without specifying the reason. The right of withdrawal is recognized by the consumer in relation to any goods purchased by him on this Application, with the exception of sealed software products opened by the consumer after delivery and with the exception of customized products. How to exercise the right of withdrawalThe right of withdrawal is exercised by sending, within 7 days from the date of payment, a written communication to the email sales@8-light.com, or by letter to the attention of the “8-light Customer Relationship” Office: Worthel AG – Via Santa Maria 68a – 6596 Gordola Switzerland The notice of withdrawal must specify the wish to withdraw from the purchase (it is not necessary to specify the reason why) and the transaction for who intend to exercise the right of withdrawal, attaching a copy of the documentation proving the purchase. Worthel shall inform the Consumer without delay of confirmation of receipt, via e-mail to the e-mail address communicated during the purchase procedure on the Website, of the withdrawal exercised. If the product has already been delivered, the consumer shall return it to WORTHEL within the deadline of 14 working days from the date on which he informed WORTHEL of his decision to withdraw from the contract. The product must be returned to WORTHEL complete with every accessory and all that originally delivered to the consumer, as well as packed in its original wraps. A copy of the electronic receipt of the order must be attached to the returned product. The costs of returning of the product to WORTHEL are charged to the consumer. If the right of withdrawal is exercised by the consumer in accordance with the provisions contained in this clause, WORTHEL is bound to reimburse the amount paid by the consumer within 14 days from the date on which he receives notice of the decision by the consumer to withdraw from the contract and after received the compliant good as described above. WORTHEL will refund the amount paid by the consumer by bank transfer or by credit card reimbursement in case that type of payment has been used. WORTHEL has the right to reject any product returned in a manner other than those specified above, as well as products for which the return costs have not been fully paid by the consumer, or the methods and times indicated for communication of the product have not been respected.  
10. Intellectual property rights
 The various elements that compose the WebSite and Applications, in particular, texts, photographs, images, symbols and logos are total and exclusive property of  WORTHEL AG . It is strictly prohibited any use, in whole or in part, of the elements mentioned above, including, without limitation, playback, storage, sale, modification, publication through any channels, as well as any link to the Site via links from other sites without the prior written permission of WORTHEL AG.
11. Modification and updating of the General Conditions
 WORTHEL AG reserves the right to modify or update its general conditions at any time. The customer and the beneficiary are personally responsible for informing and keeping up to date with any changes to the General Conditions. Any changes or updates to these General Conditions will be published and the new version of the General Conditions will be available at any time on the website  or  Application. 
12. Applicable Law
 This agreement is governed by Swiss law, in particular by the rules of the Code of Obligations relating to buy and sell, to the exclusion of the rules of the Vienna Convention. The application to this agreement of Swiss law shall be without prejudice to the possible application of the mandatory rules of the law of the country of domicile of the consumer and placed in its protection. 
13. Jurisdiction
In the event of a dispute between WORTHEL Switzerland and the consumer, the jurisdiction to decide is to the consumer’s home, if located in the Swiss territory.