General terms and conditions
General terms and conditions for the online sale of products by Freedompro S.r.l.
Welcome to the online store (the “Store”) of Freedompro S.r.l. with its registered office in Corso di Porta Romana, 63 – 20122 Milano | Italy, VAT number 08191460966.
The conditions of use of the site are published and available at the link General terms and conditions. By purchasing hardware products (“Products”) from Freedompro S.r.l. at the online Store, you agree to be bound by these General Terms and Conditions of Sale (“General Terms and Conditions”) and any additional conditions provided by Freedompro S.r.l., including, but not limited to, our conditions and user manuals, which can be found at freedompro.eu and the conditions of the Limited Warranty supplied with a Product.
THIS IS A LEGALLY BINDING CONTRACT. BY MAKING AN ORDER RELATING TO FREEDOMPRO S.R.L. PRODUCTS, YOU ARE DECLARING THAT YOU ACCEPT AND UNDERTAKE TO OBSERVE THESE GENERAL TERMS AND CONDITIONS. YOU ALSO DECLARE AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ACCEPT THESE GENERAL TERMS AND CONDITIONS AND DECLARE THAT YOU ARE OF THE LEGAL AGE NECESSARY IN YOUR JURISDICTION OR IN YOUR PLACE OF RESIDENCE TO PURCHASE AND USE PRODUCTS AND TO ENTER INTO THIS CONTRACT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS PROVIDED FOR BY THE GENERAL TERMS AND CONDITIONS DESCRIBED HERE, YOU SHOULD NOT PURCHASE THE PRODUCTS.
We reserve the right to modify these General Terms and Conditions at any time; so please read them carefully each time you make a purchase in the Store. Every time you order Products from Freedompro S.r.l., the General Conditions from time to time in force will be applied to the contractual relationship that you have entered into with Freedompro S.r.l.
If you have any questions regarding these General Conditions, you can contact Freedompro S.r.l. at the link Help Center.
The Store is only intended for online sales.
The law recognises a series of consumer rights. The exclusions and limitations of liability contained in these General Terms and Conditions will not apply to the extent that they conflict with applicable law. Some jurisdictions do not allow the exclusion of implied warranties, including exclusions regarding products or services that are defective or do not comply with the descriptions, or the exclusion or limitation of incidental or consequential damages or other rights. For a full description of the legal rights granted to you, we invite you to refer to the laws in force in your country or jurisdiction. Nothing provided for in these General Terms and Conditions may cancel such other rights provided for by law.
Although the Store is accessible worldwide, the Products offered by the Store have not been designed and tested for use in all countries If you decide to access the Store and/or use the Products outside of a European Union country and/or outside of Switzerland (each of them individually designated as a “Destination Country”),
or if you use a Store Product in a Destination Country where such particular Store or Product has not been made available by Freedompro S.r.l., where applicable, you will do so on your
own initiative, assuming entirely and exclusively the responsibility for respecting the local regulations applicable in your country. You acknowledge and agree that some or all of the features of the Store and Products may not work or be suitable for use in a country other than a Destination Country. To the extent permitted by law, Freedompro S.r.l. declines all responsibility for any damage or loss caused by your accessing or use of the Store or the Products in a country other than a Destination Country. Freedompro S.r.l. also disclaims any responsibility for any damage or loss caused by your use of Products not available in a Store of a Destination Country, if you intend to use the Product in that Destination Country.
You acknowledge that you have verified the compatibility of the Products you are purchasing with your specific requirements and that you have carefully read the relative installation and use manuals available at Help Center.
You are solely responsible for determining the compatibility of the Products with other equipment at the location where you will install the Product/s of Freedompro S.r.l. that you have purchased and you acknowledge that any incompatibility does not constitute a valid reason for a claim under the warranty for your Products, or otherwise entitles you to receive a refund.
2. Reservations and pre-orders
The Products available for reservation and pre-order are not offered for sale by Freedompro S.r.l. Any reservation or pre-order does not give rise to a sales contract. By making a reservation and a pre-order in relation to a Product not yet available for sale, you are making an offer to Freedompro S.r.l. for the purchase of the Product in accordance with these General Terms and Conditions. Freedompro S.r.l. will, therefore, be authorised to charge you the cost of the purchase according to the payment method chosen by you from those available. In case of unavailability of the pre-ordered product after more than 30 days from the date indicated at the time of pre-order, the amounts you have paid will be credited back to you, using the same method as your payment. In any case, Freedompro S.r.l. reserves, at its sole discretion, the right to accept your purchase offer or not, which will be subject to these General Conditions. Freedompro S.r.l. reserves the right to cancel or refuse an order for any reason and at any time before its shipment, even after an order has been placed and regardless of whether the order has been confirmed or not. Freedompro S.r.l. may try to contact you in the case of the cancellation of your order, in whole or in part, and/or if further information is necessary to complete and accept your order.
By indicating a credit card or other payment method accepted by Freedompro S.r.l., you represent and warrant that you are authorised to use the designated payment method and authorise us (or the third party payment processing company appointed by us) to charge you the total amount of your order (including all applicable taxes and other applicable charges) using your payment method. If the payment method indicated by you cannot be verified, is invalid or is not otherwise acceptable, your order may be suspended or cancelled. To complete your order, you will have to resolve any problem that we have raised.
4. Availability and prices
The sale of all Products offered in the Store will be subject to their availability. Freedompro reserves the right to impose quantitative limits on any order, refuse an order, in whole or in part, and to discontinue the offer of certain Products without notice. Prices for Products are subject to change at any time, but price changes will not apply to any order for Products that was submitted before the change.
5. Sales tax (VAT)
Depending on the order, Freedompro S.r.l. will calculate and debit the sales tax (VAT) in compliance with applicable laws.
6. Resale, prohibition on export and transfer of ownership rights
Purchases made in the Store are intended exclusively for final consumers and/or installers and/or distributors in the Destination Country, with an express prohibition on export. Freedompro S.r.l. is expressly exempt from any liability arising from the violation of this export prohibition. The ownership of the Products purchased in the Store is transferred to the purchaser upon delivery by Freedompro S.r.l. to the carrier.
7. Shipping and delivery
Product prices do not include shipping costs. Our delivery rates and methods are specified from time to time on the website of the Store. Estimated arrival or delivery dates do not represent guaranteed dates for the delivery of your order, but only an indicative date.
The Products available in the Store of the specific Destination Country have been designed, marketed and sold for use by residents of EU countries and Switzerland. All notices about safety, information, instructions, packaging and materials contained in the package are available in English.
The Store and the links to these General Terms and Conditions are always available in Italian and English. In other Destination Countries, the Store and applications for mobile devices may not be available in the local language.
The support services available in the Store are not intended to be used outside the European Union and/or outside Switzerland and will be accessible in Italian and/or English. The user is responsible for compliance with all applicable laws and regulations of the country for which the Product is intended. Freedompro S.r.l. declines all responsibility in case of a violation of these laws or regulations.
There may be specific regulations in the jurisdiction where a particular Product is installed relative to where and how to install a given Product. You must guarantee full compliance with all applicable laws in your jurisdiction. Freedompro S.r.l. is not responsible for any injury or damage caused by incorrect and/or improper installation of a Product. Freedompro S.r.l. may publish on its website a list of installers recommended for each type of Product. These installers are not employees of Freedompro S.r.l. or its affiliates and Freedompro S.r.l. assumes no responsibility for the conduct or liability of these installers. You have the sole responsibility of choosing, with due attention, the installer best suited to your needs.
9. Returns and refunds
Freedompro S.r.l. will not accept any return that has not been previously authorised in writing through the use of one of the channels available for making contact.
Please provide detailed information on where and when the Product was purchased and the reason for returning the Product. The Freedompro S.r.l. customer service can provide you with a return authorisation and send you the relevant procedural instructions.
We would ask you to strictly follow the instructions that will be given to you as soon as you make contact.
Unless the Product is defective or does not comply with the specifications, Freedompro will only accept returns of goods that are new and packaged in their original packaging. You will be responsible for all costs associated with returning the Product (including the shipping cost for the return of the Product to Freedompro S.r.l.).
Unless the Product is defective or does not conform to the specifications, Freedompro has no obligation to authorise the return, which will therefore take place exclusively at the discretion of Freedompro S.r.l.. Furthermore, Freedompro will not accept returns of goods that have not been purchased directly from the Freedompro S.r.l. online Store. If you have purchased the Product from an establishment other than the Store, please contact the retailer directly.
The return policy set out above is separate from, does not replace and is intended to supplement the rights and remedies available to you under applicable law.
10. Claims and disputes
In the event of complaints and/or disputes of any kind, you undertake to promptly contact the Freedompro S.r.l. customer assistance service on the Freedompro S.r.l. website. If it is not possible to arrive at an amicable resolution of the dispute, without prejudice to the rights provided by each Destination Country for certain categories of Buyers, any dispute arising
from the sale of Freedompro S.r.l. products, as well as from the execution and/or interpretation of these General Terms and Conditions of Sale will be regulated exclusively as provided in the following Article 21. “Applicable Law and Jurisdiction”.
11. Protection of confidentiality and intellectual property rights
Freedompro S.r.l. remains the owner of its intellectual property and confidentiality rights and you also undertake not to violate these rights. In the event of violation, Freedompro may seek to obtain an injunction or other remedy of equitable relief to fully protect its rights (including its intellectual property rights) and/or prevent the disclosure of confidential information and/or the occurrence of damages of any kind, before any court with jurisdiction.
12. Trademarks, distinctive signs and labels: prohibition of alteration of existing ones and prohibition of affixing without authorisation
It is expressly forbidden to remove and/or alter the labels, distinctive signs and/or trademarks present on Freedompro S.r.l. products. It is also forbidden, without the written consent of Freedompo S.r.l., to add additional labels, distinctive signs and/or brands of any kind to Freedompro S.r.l. products.
13. Warranties, exclusions and limitations of liability
To the maximum extent permitted by applicable law, and without prejudice to its statutory rights, the Store, and all contents available therein, are provided “as is”, without warranties or conditions of any kind, express or implied, including, without limitation, any warranties of title or implied warranties of merchantability or fitness for a particular purpose. Your use of the Products is at your discretion and at your sole risk. You will be solely and exclusively responsible for (and Freedompro S.r.l. disclaims any liability in relation to any loss, liability or damage resulting from your use of a Product, including, just as an example, damage or loss to your “home and building automation” systems, plumbing systems, electrical systems, home, Product, other peripherals related to the Product, computers, mobile devices, things, animals and/or people.
In any case, Freedompro S.r.l. declines all responsibility in relation to any loss and/or damage resulting from any improper use of the Product, being a use other than one specifically indicated in the leaflet inside the product packaging or shown on the product packaging.
Freedompro S.r.l. does not guarantee or promise any specific level of energy savings or other economic benefit due to the use of a Product or any of its features. Energy savings and actual monetary benefits vary based on factors beyond the control or knowledge of Freedompro S.r.l.
Freedompro S.r.l. does not guarantee or promise any specific level of security and/or suitability regarding the interaction of Freedompro S.r.l. Products with any anti-intrusion systems, with alarms of any kind and/or with electronic locks and/or with biometric readers. In practice, these systems and their accessibility vary, depending on factors beyond the control and/or knowledge of Freedompro S.r.l. None of the provisions of these General Terms and Conditions and, in particular, in this “Limitation of Liability” article may exclude or limit any liability that may not be excluded under the law.
To the maximum extent permitted by applicable law, in addition to the above warranty exclusions, under no circumstances:
a) will Freedompro S.r.l. be responsible for any indirect, consequential, exemplary, special or incidental damages, including any damage due to loss of data or profits deriving from or relating to the Products, even if Freedompro S.r.l. knew or should have known of the possibility of occurrence of the same.
b) may the total cumulative liability of Freedompro S.r.l. deriving from or relating to the Products either under a contract, for an unlawful act or otherwise, exceed the amounts actually paid (if any) by you to Freedompro S.r.l. or to an authorised Freedompro S.r.l. retailer for the product in question during the previous six (6) months.
This limit is cumulative and will not be increased if there is more than one event or claim. Freedompro s.r.l. declines liability of any kind to retailers and installers of Freedompro s.r.l. products.
14. Data protection
By placing an order for Products, you accept and acknowledge that Freedompro S.r.l. may store, share, process and use data collected from your order form or from your order by telephone/ fax/e-mail for the purpose of processing the order. Freedompro S.r.l. may also share such data on a global level between the companies of the group to which Freedompro S.r.l. belongs. All the companies of the group to which Freedompro S.r.l. belongs undertake to guarantee the protection of your information in compliance with the data protection regulations in force in the Destination Country.
Freedompro S.r.l. works with other companies that assist in the supply of the Products to you, including, for example, couriers, and Freedompro S.r.l. may be obliged to share some information with these companies for the proper execution of the order.
15. Electronic communications
When you use the Freedompro S.r.l. online Store or send an e-mail to Freedompro S.r.l., you are communicating electronically with Freedompro S.r.l. You acknowledge that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement for the written form for such communications. When you place an order in the Store, we will collect and store your e-mail address. From that moment on, your e-mail address will be used to send you information about the products and services of Freedompro S.r.l., unless you choose not to receive such e-mails by using the unsubscribe link contained in the e-mails.
In this case, your e-mail will only continue to be used exclusively for communications regarding the orders you have made.
Freedompro S.r.l. may send notices or communications to you in accordance with the law or for marketing or other purposes through Freedompro S.r.l., at the discretion of Freedompro S.r.l., by e-mail to the main e-mail address associated with your Freedompro S.r.l. account, by paper copy or by publishing this notice on the Freedompro S.r.l. website.
Freedompro S.r.l. assumes no responsibility for any automatic filtering that may be applied by you or your network provider in relation to e-mail notifications. Freedompro S.r.l. recommends adding the domain @freedompro.eu to your list of authorised e-mail contacts in order to be sure to receive e-mail notifications from Freedompro S.r.l.
17. Force Majeure
Freedompro S.r.l. will not be held liable for any breach or delay in the performance of any of its obligations when such failure arises from an act or event that is beyond the reasonable control of Freedompro S.r.l., including, without limitation, causes of force majeure, strikes, lockouts or other trade union action by third parties, civil insurrections, riots, terrorist attacks, wars, fires, explosions, storms, floods, earthquakes, epidemics or other natural disasters, breakdowns of public or private telecommunications networks or the impossibility of use of rail, sea, air transport, motor vehicles or other means of public or private transport.
Should any of the provisions, or part of them, of these General Terms and Conditions be deemed illegal, invalid, unenforceable or prohibited in any way under any law or regulation, such provision, or part of it, will be deemed to be excluded from the existing Contract between the Parties. The lawfulness, validity or applicability of the remaining provisions of these General Terms and Conditions will not be affected and they will remain fully valid and effective.
The obligations set out in Articles 11 to 21 will survive the expiration or termination of these General Terms and Conditions.
Any tolerance, omission and / or delay by Freedompro S.r.l. in asserting or requiring compliance with any of the provisions of these General Terms and Conditions and / or applicable provisions of law does not constitute a waiver of the rights of Freedompro S.r.l. against you and does not prejudice the right of Freedompro S.r.l. to require compliance with them in the future.
21. Applicable Law and Jurisdiction
These Terms and Conditions of Sale are governed by Italian law. Any contract for the purchase of Products through the Store and / or any dispute and / or claim arising from and / or related to the same and / or these General Terms and Conditions will be governed exclusively by Italian law. The Court of Milan (Italy) will have exclusive jurisdiction.
Naturally, this is without prejudice to all rights that are reserved to certain types of purchasers under the law of the Destination Country.
Specific acceptance of clauses within the meaning and for the effects of articles 1341 and 1342 of the Italian civil code
With reference to the document “General Terms and Conditions of Sale OF FREEDOMPRO PRODUCTS AND SERVICES”; You declare that you have carefully read and understood the provisions contained therein, and that you fully accept them.
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, you declare that, in particular, you have carefully read and accepted the following articles:
1. “Compatibility”; and, specifically, the obligation placed on the purchaser to verify the compatibility of the products with their own personal needs and to have carefully read the related installation and use manuals. – 4. “Availability and prices”; and, specifically, that Freedompro S.r.l., at its sole discretion, has the right: to accept or not to accept an order, to impose quantitative limits on products, to withdraw one or more products from sale and to vary, at any time, their own selling prices. – 6. “Resale, prohibition of export and transfer of ownership rights”; and, in particular, that the ownership of the products and the related risk will be transferred to the purchaser upon delivery to the carrier. – 9. “Returns and refunds”; and, in particular, the policies, conditions and procedures described in the clause and requested by Freedompro S.r.l.. – 13. “Warranties, exclusions and limitations of liability”; and, in particular, the cases of exclusion and/or limitation of the liability of Freedompro S.r.l. described in the clause. – – 17. “Force Majeure”; and, specifically, the exclusion of any responsibility for Freedompro S.r.l. for defaults arising from an act and/or event that is beyond the control of Freedompro S.r.l.. 21. “Applicable law and Jurisdiction”; and, specifically, the application of Italian law and the election of the Court of Milan as having exclusive jurisdiction in the event of disputes.
Last updated October 15th, 2019