The General Terms and Conditions of the website and online store www.fotonicalighting.com
have been prepared in accordance with the Consumer Protection Act, based on the recommendations of the Chamber of Commerce and Industry of Slovenia (GZS) and international code for e-commerce.
The online store is specialized in the sale of EVA3 grow light product ("Product") and its spare parts,
manufactured or supplied by Flora Fotonica ltd., Hameyasdim St. 8, Mazor, Israel, +972542316508, email@example.com ("Manufacturer").
The General Terms and Conditions of www.fotonicalighting.com
website ("Site") deal with the operation of the online store, the Customer's rights and the business relationship between the Distributor and the Customer (visitor, user).
The Distributor has the right to change the General Terms and Conditions at any time without prior
The Distributor – www.fotonicalighting.com
website and online store owner and manager.
Distributor: Fotonica Europe d.o.o.
Head office: Trubarjeva cesta 55, 1000, Ljubljana, Slovenia
Phone: +386 1 777 47 27
Responsible person: Oxana Soldatkina
Registration number: 8599076000
TAX number: SI 21249717
Bank account: SI56 0201 4026 3309 083 at NLB
Amount of share capital: EUR 7,500.00USER REGISTRATION (optional)
When registering in the online store at www.fotonicalighting.com
website, the Customer obtains a username that is identical to his e-mail address and the password he chooses himself. With this the Customer is uniquely determined and connected to the completed data. By registration, the visitor confirms that he / she is acquainted and fully agrees with these General Terms and Conditions and
integral parts of these General Terms and Conditions, thus becoming the Customer and acquiring the
right to purchase.ACCESSIBILITY OF INFORMATION
The Distributor undertakes to always provide the Customer with the following information:
the identity of the Distributor (entity name and registered office, registry number);
contact that enables the visitor or Customer to quickly and effectively communicate (e-mail,
essential characteristics of the product (including after-sales services and guarantees);
accessibility of articles (each article or service offered on the site should be accessible within a
terms of delivery of the Products (manner, place and deadline of delivery);
all prices must be clearly and unambiguously set out and must be shown, whether they already
contain taxes and shipping costs;
the method of payment and delivery;
time validity of the bid;
a time limit within which it is still possible to withdraw from the contract and the conditions for
withdrawal; moreover, if and to what extent the Customer's returns the product;
an explanation of the complaint process, including any contact details of the contact person or the
customer service department.PRODUCT DESCRIPTIONS
The images and the Product's descriptions on www.fotonicalighting.com
website are for illustrative and
informative purposes only, and do not constitute a warranty that the Product will conform to those images or descriptions. The Products may vary slightly from those images.
All sizes, weights, capacities, dimensions and measurements indicated on Site may contain errors.
The packaging of the Product may vary from that shown on images the Site.
If the Customer has any doubts about the color, size or any other specifications of the Product proposed for ordering, the Distributor recommends contacting him by any means of communication, specified in "Contact details" section before placing an order in the online store.PURCHASING PROCEDURE
Purchases can be made without registering on the Site.
When choosing a product, the Customer adds it to the cart by pressing the Buy button.
When awarding a contract, this is done through following phases:
1. Order created - at least one item added to the cart.
accepted - After the successful submission of the order, the Customer receives a notification by e-mail that the order has been accepted.
2. Order reviewed - the Customer checks amount and prices of items ordered. At this stage amount of ordered items can be changed by the Customer.
3. Order placed and submitted - after completing all the necessary fields and agreeing with these General Terms and Conditions, the Customer submit the order and proceeds to payment by pressing the Checkout button. The contract for the purchase of ordered items between the Customer and the Distributor is irrevocably concluded at this stage.
4. Order has been paid and accepted - after the Customer has paid for the order using one of the following payment methods, and the Distributor has received the funds for the items purchased by the Customer, the order is considered paid by the Customer and accepted by the Distributor and the Customer receives an automated notification by e-mail that the order has been paid and accepted. This notification contains the following information: order reference number and date/time when paid and accepted, confirmation of acceptance, products, prices, quantities, payment and shipment information.
5. Order has been dispatched - after the dispatchment of fully paid products to the address specified by the Customer when placing the order, the order is considered to be dispatched. Delivery is carried out by the shipping provider selected by the Customer when placing the order.
6. Order completed – when the order paid, accepted and dispatched, the Distributor contacts the Customer by e- mail within the agreed deadline and informs estimated delivery date. The Distributor in the mentioned e- mail also informs the Customer about where to turn in case of delay and how any complains can be filed.PRE-ORDER PROCEDURE
Pre-orders can be made without registering on the Site.
1. By pressing the Pre-order button, the Customer adds pre-ordered item to the cart. Amount of pre-ordered items can be changed there by the Customer. The Customer also can delete item(s) from the cart on this stage.
2. After completing all the necessary fields and agreeing with these General Terms and Conditions, the Customer proceeds to payment by pressing the Checkout button.
3. After paying for the pre-ordered items by the Customer, the deposit is considered placed and pre-order accepted. Upon acceptance of the pre-order, the Distributor informs the Customer by e-mail.
4. Upon arrival of pre-ordered item(s) in stock, the Distributor notifies the Customer by e-mail. The Customer should place an order for pre-ordered item(s) and pay a balance within 5 days after the date on which such notification has been sent by the Distributor to the Customer. Placing an order by the Customer is carried out as set forth in "Purchasing procedure" section.
5. If the Customer fails to pay a balance within 5 days after notification by the Distributor, pre-ordered item(s) go(es) on sale. In this case The Customer has the right for reimburse paid deposit net of transaction costs or can wait until next butch of items will be available in stock. The Customer should inform the Distributor about his decision by any means of communication, specified in "Contact details" section.
6. At any time before The Distributor first time notifies the Customer about item(s) arrival in stock, the Customer has the right to cancel pre-order and to reimburse in full a deposit paid. The Customer should inform the Distributor about his decision by any means of communication, specified in "Contact details" section.OWNERSHIP OF PRODUCTS
The Customer owns the purchased products once the Distributor has received payment in full for them
and they have been dispatched to the Customer.PAYMENT METHODS
Payment is to be made before dispatching of the product. The Distributor offers the following payment
by transfer to Fotonica Europe d.o.o. per offer / bill (online store price applies);
via PayPal (if supported by current version of website) ;
via credit card (Visa, MasterСard).
The Distributor issues an invoice to the Customer on a durable medium with a breakdown of costs.PRICES
Listed prices include shipping to the Customer. VAT is not acceptable due to a non-VAT payer status of the Distributor. The prices are valid at the time of the award of the contract and do not have a predetermined validity.
The prices apply in the case of payment with the above-mentioned payment methods, subject to the
conditions of payment providers, if any.
Additional delivery charges may also apply in addition to the price for items ordered. There may be
additional taxes and duties for specific destinations. In USA and Canada local duties and taxes is the Customer's responsibility.
The sales contract between the Distributor and the Customer is concluded at the moment when the
Distributor confirms the order (the Customer receives an e-mail). From this moment, all prices and other
conditions are fixed and apply to both the Distributor and the Customer.RETURN POLICY
The right to return the Products within 14 days (withdrawal from the contract) applies exclusively to
individuals who purchase the Products for purposes not related to their profitable activities. Such
customers are entitled to remote notification of cancellation of the contract within 14 days from the receipt of the ordered Products.
The Customer must indicate the reason for his decision. The term begins one day after the date of
delivery of the Products. The Products must be returned to the Distributor no later than 30 days after
notification of withdrawal from the contract. The only cost incurred by the Customer in connection with the withdrawal from the contract is the cost of returning the Products. The Distributor is permitted by law to reduce the Customer's refund to reflect any reduction in the value of the Products, if this has been
caused by the Customer handling them in a way which would not be permitted in a shop. As it also
permitted by law, the maximum refund of the cost of delivery of the Products will be the costs of delivery by the least expensive delivery method offered by the Distributor (provided that this is a common and generally acceptable method).
The Customer can notify the Distributor of a possible return of Products by e-mail to
firstname.lastname@example.org or by mail to the address Fotonica Europe d.o.o., Trubarjeva 55, Ljubljana,
Slovenia, with the attachment of the completed form "PRODUCT RETURN FORM
". Such notice can also be submitted online by the Customer via a special form on the www.fotonicalighting.com
website, if provided.
The Products returned by the Customer must be carefully packaged and in the highest possible original
condition. The Products cannot be returned if the Customer has broken the security seal protecting the
Product from opening.
The Consumer cannot use the Products until and after he withdrawals from the contract. The Consumer
can inspect and test the Products in the amount strictly necessary to establish facts confirming the
Customer's refusal to use the Products.
The Distributor will refund the purchase price as soon as possible, no longer than 14 days in advance.
Refunds will be made in the same payment method used by the Customer. When the Customer
withdrawals from the contract where the discount code or promotional code was used, these funds are
considered a discount and are not returned to the Customer.
Consumer's rights to withdrawal from the contract and improperly performed services are regulated in
more detail by the Consumer Protection Act.SHIPPING POLICY
Deliveries are carried out to USA, Canada, UK and European countries only. For special destinations please contact the Distributor by any means of communication, specified in "Contact details" section. Deliveries to post office box numbers are not accepted.
Shipment and delivery of the Product is carried out in the manner provided in this section and in
accordance with the provisions of the law regulating postal services. Deliveries are carried out using third- party shipping providers. The route and the method by which the shipment is transported shall be at sole discretion of the shipping provider.
Delivery time is indicated on the Product page and is related to the shipping provider selected and the
Customer's responsiveness as described below. After the order has been completed, the Distributor
informs the Customer by e-mail an estimated delivery time which will be within 30 days after the date of the dispatching the order. Several working days are usually needed during sale periods for the shipment to leave warehouses. Weekend days, public holidays, bank holidays, delays caused by customs, delays attributable to compliance with mandatory local security requirements or other events beyond the control are not included in the delivery times indicated on the Product page.
Standard/Economy delivery rates are included into the price.
The shipping provider is allowed to deliver the shipment to the address indicated by the Customer in the online order form. The Customer warrants, represents and guarantees that the receiver's contact details have been fully, accurately and legibly entered on the online order form. The Customer has to be ensured his shipping address is where he will be during business hours.
Statement of delivered shipment is signed consignment note or any other visible evidence that the
shipment was delivered to the correct address or the right contact person. If the Customer requests for
his order to be left at his delivery address, and a signature or physical handoff of the Product is not
possible, the Distributor is not liable to replace the order should the order, for whatever reason, be stolen or lost after it has been delivered.
Where the shipping provider is unable to complete the delivery of a shipment for whatever reason, the
shipping provider will try to leave a notice at the receiver's address stating that delivery has been
attempted and the whereabouts of the shipment where the Customer can collect it.
If the shipping provider is unable to deliver a shipment because of an incorrect address, the Distributor
will make all reasonable efforts to find the correct address. In this case the Distributor will notify the
Customer of the correction and the shipping provider will deliver or attempts to deliver the shipment to the correct address although additional charges for the Customer may apply.
The Customer may give special instructions to the Distributor (via means of the Site facilities or any other
medium) to deliver the shipment to another location/person (being for example a neighbor and/or
neighbouring address) or the Customer may indicate its wish to collect the shipment from a location
approved by the Distributor. Where the Customer requests and the Distributor agrees to enable this
special delivery instructions service, the following provisions shall apply:
the shipping provider's furnishing of any delivery receipt upon which is listed the alternative
person and/or delivery location shall constitute proof of delivery of the shipment;
the Distributor shall not be liable for any loss or damage in any way as a result of performance by
the Distributor of the Customer's special delivery instructions;
the Customer shall indemnify the Distributor and hold the Distributor harmless from and against
all claims, costs, liability and expenses (including reasonable lawyer's fees and expenses) arising
by reason of loss or damage to any shipments as a result of providing this special delivery
instructions service. The Distributor also reserve the right to charge the Customer an
administration fee for providing this special delivery instructions service.
If delivery has not been made after a second attempt by the shipping provider, or the receiver refuses to accept delivery, the Distributor will try to contact the Customer and agree the appropriate next action.
The Distributor reserves the right to cancel the Customer's order and charge the Customer for the costs
the Distributor incurs as a result and/or to charge the Customer for any additional costs the Distributor
incurs in storing the Products if the Customer fail to collect them within 14 days after the date on which
the shipping provider first attempted to deliver them to the Customer. The Customer agrees to pay the
Distributor any costs the Distributor incurs in forwarding, disposing of or returning the shipment and the
shipping provider's charges (if any) for making a third or more delivery attempt and for the agreed
appropriate next action. If the Distributor doesn't receive the Customer's instructions within a reasonable period after the shipping provider's second attempt to deliver the shipment, then the Customer agrees that the Distributor may utilize or sell the content of the shipment without any further liability to the Customer.
Occasionally the shipment to the Customer may be affected by an Event Outside the Control. Refer
"Events Outside the Control" section of these General Terms and Conditions for the Distributor's
responsibilities when this happens.
If the number of ordered products does not match the received ones, or the Customer concludes that the Products were damaged during transport, The Customer shall contact the shipping provider that made the delivery. Contact details are provided on the documentation the Customer receives from the shipping provider.
If the Customer suspects damage of the Products during transport, inspection has to be done
immediately and in front of the delivery person. All subsequent complaints regarding damage to the
Products or the quantity taken over are taken into account by the shipping provider only in exceptional
cases, which is why the Distributor cannot solve or take into account.
The Distributor or the shipping provider may be required to share information, including the Customer's
personal data for the Customer's shipment with the shipment destination country authorities or transit
country authorities for customs and / or security reasons.
The Customer agrees that the shipping provider or any governmental authority including customs and
security may open and inspect the Customer's shipment at any time. Conclusion by the Customer of a
contract with the Distributor through the placement and payment of an order in the online store on the
Site is considered as the consent of the Customer, with which the Customer (among other things)
expressly consented for the contents of the shipments to be reviewed.
The Customer must comply with all applicable laws and regulations of the country for which the Products are destined. The Distributor will not be liable or responsible if the Customer breaches any such law.
The shipping provider is responsible for transportation services in accordance with the terms and
conditions of the shipping provider selected by the Customer when placing the order.
In case of any questions and enquires in regard of shipping and delivery The Customer may contact the Distributor by any means of communication, specified in "Contact details" section or via special online form on www.fotonicalighting.com
The Distributor, being the authorized representative of the Manufacturer in the territory of the European
Union, considers warranty claims in accordance with this Warranty Policy of the Manufacturer.
Warranties in the UK, United States and Canada are provided by the Manufacturer in accordance with this Warranty Policy.
Subject to the terms and conditions as herein set forth, the Manufacturer hereby represents and warrants that the Product is clear and free of material defects in manufacturing and workmanship, under normal and proper storage, usage, installation, transportation, maintenance (including without limitation the timely installation of all software updates as may be furnished from time to time by the Manufacturer) and otherwise handling, during the Limited Warranty Period commencing upon the delivery of the Product and for a period of 3 years, or 5 years if the Customer purchased the optional extended warranty. For the avoidance of doubt, this Limited Warranty does not apply to third-party components that may be used with the Product such as fluorescent bulbs.
This Limited Warranty will become null and void under any of the following conditions, caused by any
person or means other than the Manufacturer's authorized representatives or service personnel or 3rd
party authorized service provider, whether or not due to the Customer's fault or negligence:
the Products hardware or software has been tampered with, altered, or damaged in any way;
the Product was stored, installed, used, transported or otherwise handled not in accordance with
the Products documentation, usage instructions, and applicable safety codes, including without
limitation an exposure to unintended temperature, humidity, electric power, vibrations, shock,
physical load, fluids, chemical substances, or pests, even if such handling has not resulted in an
the Customer did not perform due maintenance activities in the Product and its environment such
as cleaning, fixing or removing obstructing or dangerous objects, and any other precautions that
are required for the safe and fault-free operation of the Product, or failed to install software
updates promptly upon their publishing by the Manufacturer;
the damage occurred under circumstances which are beyond the Manufacturer's reasonable
control, including without limitation failures resulting from the combined use with products or
materials that were not supplied by the Manufacturer;
the Customer acquired the Product from someone other than the Distributor or any of its
Authorized Dealers or Resellers or acquired the Product from the original Customer without
receiving the Manufacturer's or Distributor's written consent for the assignment of this Limited
the warranty claim was submitted to the Manufacturer or Distributor after more than 30 days
since the defect was discovered.
If the Product shows any defects within the Limited Warranty Period then the Customer will inform the
Distributor of the defect in accordance with the Manufacturer's Warranty Claim Procedure as shall be
published by the Manufacturer from time to time, and the Manufacturer shall, at its sole discretion, by
itself or through a 3rd party Authorized Service Provider, either replace or repair the product using new, refurbished or reconditioned, functionally-equivalent products or parts, and this Limited Warranty shall apply to the replaced or repaired Product through the remaining original Limited Warranty Period. This Limited Warranty covers the Product repair labor fees, part costs, and shipping costs, and excludes any other costs including without limitation the cost of removal and installation or reinstallation of the original, repaired or replacement Product, nor for any consequential costs or damages. In case of repair or replacement not covered by this Limited Warranty, the Customer shall pay the Manufacturer or the Authorized Service Provider as the case may be the associated repair labor fees, parts costs, and shipping costs. If, before performing the repair, the Manufacturer shall determine that the defect or damage was caused under circumstances not covered by this Limited Warranty then it will notify the Customer promptly upon such determination and, if the Product has not been repaired yet, will provide the Customer with the option to decide whether to repair the Product. Failure by the Manufacturer to determine in advance that the defect was not covered by this Limited Warranty shall not dismiss the Customer from its obligation to pay for the repair and its associated costs. The repair or replacement of the Product as set forth hereinabove is the sole and exclusive remedy for failure by the Product to comply with the terms of this Limited Warranty. The Manufacturer reserves the right to refuse to repair the Product if such repair is not covered by this Limited Warranty.
THE WARRANTIES SET FORTH HEREWITH ARE EXCLUSIVE AND, TO THE FULLEST EXTENT AS
PERMITTED BY APPLICABLE LAW, ARE IN LIEU OF ALL OTHER WARRANTIES WHETHER
STATUTORY, EXPRESS, OR IMPLIED (INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM COURSE OF
DEALING OR USAGE OF TRADE). THERE ARE NO OTHER WARRANTIES, AGREEMENTS OR
UNDERSTANDINGS THAT EXTEND BEYOND THOSE HEREIN SET FORTH WITH RESPECT TO THE PRODUCT. NO OTHER WARRANTY, ORAL OR WRITTEN, WHICH MIGHT HAVE BEEN GIVEN BY AN EMPLOYEE, AGENT OR REPRESENTATIVE OF THE MANUFACTURER, IS AUTHORIZED BY THE MANUFACTURER, UNLESS EXPRESSLY AUTHORIZED IN WRITING BY THE
The foregoing Limited Warranty constitutes the Customer's sole and exclusive remedy relating to the
Product. The total liability of the Manufacturer on any and all claims of any kind, whether in contract,
warranty, tort (including negligence), strict liability or otherwise, arising out of or in connection with, or
resulting from, the Manufacturer's performance or breach of the foregoing Limited Warranty or from the Manufacturer's sale, delivery, repair, or replacement of any Products, or the furnishing of any services, shall in no event exceed the purchase price allocable to the specific Product which gives rise to the claim, and any and all such liability shall terminate upon the expiration of the Limited Warranty set forth hereinabove.
IN NO EVENT SHALL THE MANUFACTURER BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF INFORMED OF
THE POSSIBILITY OF SUCH DAMAGES, WHETHER AS THE RESULT OF BREACH OF CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY,
INCLUDING WITHOUT LIMITATION LABOR OR EQUIPMENT REQUIRED TO REMOVE AND/OR
REINSTALL ORIGINAL OR REPLACEMENT PRODUCTS, LOSS OF TIME, PROFITS OR REVENUES,
LACK OR LOSS OF PRODUCTIVITY, INTEREST CHARGES OR COST OF CAPITAL, COST OF
SUBSTITUTE EQUIPMENT, SYSTEMS, SERVICES OR DOWNTIME COSTS, DAMAGE TO OR LOSS
OF USE OF PROPERTY OR EQUIPMENT OR ANY INCONVENIENCE ARISING OUT OF ANY
BREACH OF THE FOREGOING LIMITED WARRANTY OR OBLIGATIONS THEREUNDER.
This Limited Warranty is personal and applies to the original Customer and is not transferable except as expressly agreed to in writing by the Manufacturer or Distributor. The Manufacturer reserves the right to modify or discontinue this Limited Warranty without notice provided that any such modification or discontinuance will only be effective with respect to any purchasing made after such modification or discontinuance.
Manufacturer: Flora Fotonica ltd.
Head office: Hameyasdim St. 8, Mazor, Israel
Phone: +972 54 231 6508
Website: www.fotonica.ioDISCLAIMER AND LIABILITY
Nothing in this section shall affect any liability that the Distributor would otherwise have for:
death or personal injury arising from the Distributor's negligence;
any other liability which cannot be excluded or limited under applicable law, nor does it apply to
any product purchased by the Customer under these General Terms and Conditions.
Without prejudice to the rights of the Customer under applicable law, the www.fotonicalighting.com
website and all its content are provided; and on an "AS AVAILABLE"; basis without any representation, condition, warranty, endorsement, guarantee or other commitment.
In particular, Distributor does not give any representation, condition, warranty, endorsement, guarantee or other commitment that the Site or any its content are accurate, complete or up to date. Nor does the Distributor guarantee that their use or availability will be uninterrupted or error-free, or that they or any of the Site's servers or those of any relevant social media website are free of computer viruses or other technologically harmful material.
The Customer agrees that it is his responsibility to make all arrangements necessary for him to have
access to the Site, any social media websites with which this site interacts and the content, and to
implement and maintain sufficient security measures (including but not limited to anti-virus software and
The Distributor has no control over the contents of any third-party sites or resources which are linked to
by the Site, or the functionality or content made available by any social media websites with which the
Site interacts. The Distributor does not endorse them, or any goods or services provided from them. The
Customer agrees that his visit third-party sites and use the relevant social media functionality entirely at
his own risk and that the Distributor has no responsibility or liability for or in connection with the
Customer's use of, the Customer's reliance on, or the unavailability of any of them.
In no event will Fotonica Europe d.o.o. or Oxana Soldatkina personally be liable to the Customer
(whether for breach of contract, for negligence or in any other way) for any:
distributed denial-of-service attack, viruses or other technologically harmful material that may
infect the Customers computer equipment, computer programs, data or other proprietary material
arising out of or in connection with the Customers use of the Site, the Customers downloading of
any content, or the use of any functionality allowing interaction with social media websites which
is provided on the Site; or
business losses, including but not limited to loss of profit, loss of revenue, or loss of business
opportunities or contracts, arising out of or in connection with the Customers use of, the
Customers reliance on, or the unavailability of the Site or any content.
The Products available for order through the Site are intended for purchase by consumer customers only for private non-commercial use. The Distributor shall not be liable to the Customer (whether for breach of contract, negligence or in any other way) for any business losses, including but not limited to loss of profit, loss of revenue, or loss of business opportunities or contracts, arising out of or in connection with any order that the Customer place for any products or any products supplied or to be supplied under any order.
For further information about legal rights and how they may be affected by these General Terms and
Conditions, including this section on the Distributor's liability to the Customer, it is advised to contact local consumer protection agency or regulator.INTELLECTUAL PROPERTY
All content and materials included or made available through the Site, including without limitation textual content, illustrations, logos, names, designs, images, video, audio, databases, and software ("Intellectual Property"), are and shall remain the sole and exclusive property of the Manufacturer, the Distributor, or their licensors ("Owners") and are protected by international copyright laws and other intellectual property laws. By using the Site or purchasing the Product the Customer agrees not to contest the validity of the Owners; ownership over the Intellectual Property and that any and all use of the Intellectual Property shall inure to the benefit of the Owners. The Owners grant the Customer a non-exclusive, revocable, non- transferable and non-sublicensable right to access the Intellectual Property for personal and non- commercial purposes only. The Customer may not change; copy; reproduce; sell; lease; transmit; display; publish; license; process; use; supplement or otherwise exploit the Intellectual Property without the express consent of the Owners. Other than the rights explicitly stated herein nothing shall be construed as granting the Customer, by implication or otherwise, any license or any right including the right to use a patent, a trademark or any other Intellectual Property.
The Customer hereby agrees that any software included in the Product ("Software") is the sole and exclusive property of the Manufacturer and its licensors. Any and all references to terms such as "purchase"; or "sale"; with respect to the Software means the acquisition of a license to use the Software, subject to the Software License terms and conditions as shall be made available from time to time by the Manufacturer. Except for the license to use the Software - if purchased by the Customer - the Customer shall not have any right in and to the Software and expressly agrees not to claim otherwise.EVENTS OUTSIDE THE CONTROL
The Distributor is not liable to the Customer for losses which the Customer suffers due to any event
beyond the reasonable control of the Distributor. If such an event takes place that affects the
performance of the Distributor's obligations under a contract with the Customer:
the Distributor will let the Customer know as soon as it reasonably could be done; and
the Distributor's obligations will be suspended, and the time in which the Distributor has to
perform those obligations will be extended for the duration of the relevant event. If the event
affects the Distributor's ability to deliver products to the Customer, the Distributor will arrange a
new delivery date once the event is over.VIRUSES
As the Internet is an open system and software cannot be exhaustively tested, the Distributor cannot
guarantee that the Site will be completely secure or free from bugs or viruses. The Costumer should
therefore ensure that he uses appropriate virus protection and firewall software and ensure that he keeps it up to date at all times when accessing the Site.CHANGES
The Distributor may update the Site from time to time and may change the content at any time. It should
be clearly noted that content on the Site may not always be up to date, and the Distributor is not obliged to update it.
The Distributor tries not to post inaccurate information on the Site, but it cannot be guaranteed that the
The Distributor respects the privacy of every individual who visits www.fotonicalighting.com
website (the "Site").
Customer when visiting and using the Site and explain how the Distributor uses and protects this
information. This policy applies only to information the Distributor collects through the Site. This policy
does not apply to information that collected by the Distributor offline or through any other websites or
applications, or that the Customer provides to or is collected by any third party. These other websites,
applications and third parties may have their own privacy policies, which the Distributor encourages the Customer to read before providing information on or through them.
The Distributor is committed to ensuring that the Customer's privacy is protected. Should the Distributor
ask the Customer to provide certain information by which the Customer can be identified when using this Site, then the Customer can be assured that such information will only be used in accordance with this privacy statement.
By registering at the www.fotonicalighting.com
The Distributor may revise this policy from time to time and will post any changes on the Site. The
after the change. Reasonable changes will also apply to data collected before the change.LINKS TO OTHER WEBSITES
those policies before he submits any personal information to or through those websites. The Distributor
does not accept any responsibility or liability for those websites or their policies and this is the Customer's fully responsibility to look at the privacy statement applicable to the website in question.COLLECTED INFORMATION
In the course of using the Site, the Distributor may collect, keep and process the following personal
information from the Customer:
username and password - when the Customer creates an account on the Site;
name, surname and contact details such as postcode, postal address, email address and a
contact telephone number – when the Customer creates an account on the Site, contacts the
Distributor by sending an email or filling in a form on the Site, or if the Customer places an order;
payment details (such as debit/credit card details), when the Customer places an order;
records of any correspondence between the Customer and the Distributor;
details of orders placed by the Customer through the Site and details of any resulting contracts:
date of purchase, type of purchase, content of the purchase, purchase price, payment method;
details of the Customer's visits to the Site and the resources that he accesses;
demographic information such date of birth, preferences and interests of the Customer;
other information relevant to the Customer surveys and/or offers.
It is possible to view the Site without providing personal details. However, without providing the
Customer's details, it won't be possible to receive further communications from the Distributor, place
orders or use other Site functionality.
The Customer must ensure that any personal information he provides is true, accurate and complete. It is also the Customer's responsibility to let the Distributor know about any changes to his personal
information so that the Distributor can ensure that all records are complete and up-to-date.
The Distributor will never ask the Customer to confirm any personal details, login details or payment
details by email. If the Customer receives an email asking for any such information that appears to be
from the Distributor, do not respond to it. It may be an attempt to obtain those details for fraud.
Whenever the Customer browses the Site, reads pages, or downloads information, the Distributor's
servers automatically record certain information about the Customer's visit from the device he uses to
access the Site. This information does not include the Customer's identity even if certain data such as the Customer's IP address may be considered in certain countries as identifying the Customer's indirectly.
However, if the Customer has logged into an account on the Site at the time that the Distributor's servers record this information, the Distributor will be able to match these details back to the Customer. Such information includes:
the date and time the Customer accesses the Site;
how many and which pages the Customer visits during a 'session' on the Site and how long the Customer was on the Site;
the Customer's Internet domain name and the IP-address which allows the Customer to access the Site;
the web browser the Customer uses and his device's operating system;
the site the Customer was on before he linked to the Site.
The Customer consent will be sought as and where required under applicable law.COOKIES POLICY
uses a variety of cookies to collect information about visitors to the Site.
A cookie is a small file which asks permission to be placed on a hard drive of the Customer's computer.
Once the Customer agrees, the file is added, and the cookie helps analyze web traffic or lets the
Customer know when he visits a particular site. Cookies allow web applications to respond to the
Customer as an individual. The web application can tailor its operations to the Customer's needs, likes
and dislikes by gathering and remembering information about his preferences.
The Distributor uses traffic log cookies to identify which pages are being used. This helps to analyze data about web page traffic and improve the Site in order to tailor it to customer needs. The Distributor only uses this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help the Distributor provide the Customer with a better website, by enabling the
Distributor to monitor which pages the Customer finds useful and which he does not. A cookie in no way gives the Distributor access to the Customer's computer or any information about him, other than the data the Customer chooses to share with the Distributor. The Customer can choose to accept or decline cookies. Most web browsers automatically accept cookies, but the Customer can usually modify his browser setting to decline cookies if he prefers. This may prevent the Customer from taking full advantage of the Site.
The table below lists the cookies the Distributor collects and what information they store.
FORM_KEY Stores randomly generated key used to prevent forged requests.
PHPSESSID Your session ID on the server.
GUEST-VIEW Allows guests to view and edit their orders.
PERSISTENT_SHOPPING_CART A link to information about your cart and viewing history, if you have asked for this.
STF Information on products you have emailed to friends.
STORE The store view or language you have selected.
MAGE-CACHE-SESSID Facilitates caching of content on the browser to make pages load faster.
MAGE-CACHE-STORAGE Facilitates caching of content on the browser to make pages load faster.
MAGE-CACHE-STORAGE-SECTION-INVALIDATION Facilitates caching of content on the browser to make pages load faster.
MAGE-CACHE-TIMEOUT Facilitates caching of content on the browser to make pages load faster.
SECTION-DATA-IDS Facilitates caching of content on the browser to make pages load faster.
PRIVATE_CONTENT_VERSION Facilitates caching of content on the browser to make pages load faster.
X-MAGENTO-VARY Facilitates caching of content on the server to make pages load faster.
MAGE-TRANSLATION-FILE-VERSION Facilitates translation of content to other languages.
MAGE-TRANSLATION-STORAGE Facilitates translation of content to other languages.USE OF INFORMATION
The Distributor may use the information collected about the Customer for the following purposes:
internal records keeping;
to understand customer's needs, to improve the Distributor's products and provide customers
with a better service, to develop new products and services;
to understand how users use the Site, to analyse the effectiveness of campaigns, to optimise and
customise the Site and to help the Distributor improve the Site and its services generally;
making the Site available for customers and delivering to them the functions, products and
services offered through the Site;
processing any orders that the Customer submits through the Site and performing the
Distributor's obligations under any contracts which may result from those orders (execution of a
transaction, billing, the Products delivery, everything related to the orders);
if the Customer has consented to receiving marketing communications, the Distributor may
contact the Customer and periodically send him promotional emails about new products, special
offers or other information which the Distributor thinks the Customer may find interesting, using
the email address which the Customer has provided;
to contact the Customer by email, phone or mail for surveys, event invitations, invitations for prize
draws and research purposes. Information the Customer provides in response to such activities
may be used for market research and improving the Distributor's products and services;
to resolve the Customer's queries through the online chat facility and special online forms on the
Advertising and marketing messages will include the following components:
clearly and unambiguously marked as advertising or marketing messages;
the consignor will be clearly visible;
various actions, promotions and other marketing techniques will be designated as such, also, the
conditions for participation in them will be clearly defined.
The Distributor will respect the Customer's desire not to receive advertising or marketing messages.INFORMATION CONTROL, SECURITY AND STORAGE
(DECLARATION OF DATA PROTECTION)
The transferred personal data will be stored and used only as long as it is necessary to achieve the
purpose for which it was collected or processed.
By accepting these General Terms and Conditions, the Customer also confirms that he is familiar with the right of access, decryption, copying, addition, correction, blocking and deletion of personal data relating to him in accordance with the provisions of the applicable law governing the protection of personal data.
It is the Customer's responsibility to always be cautious about the information he discloses online. The
Distributor will take reasonable steps to seek to treat the Customer's data securely and in accordance
The Distributor is committed to ensuring that the Customer's information is secure. The information
obtained through the registration form will be carefully guarded in accordance with the Personal Data
Protection Act. In order to prevent unauthorised access or to disclose them in accordance with the
Personal Data Protection Act, to preserve the accuracy of the data and to ensure their proper use, the
Distributor has put in place suitable physical, electronic and managerial procedures to safeguard and
secure the information collected online by the Distributor. Any personal information that the Customer
chooses to provide to the Distributor will be held on a secure computer server. The server software
encrypts all the information the Customer supplies the Distributor, and payment transactions are also
encrypted using SSL technology. No credit card information is ever kept on the Site; a secure third-party payment gateway is used.
In accordance with Article 86 of the ZDDV-1 (Gazette of the Republic of Slovenia, No. 117/2006), the Distributor will keep invoices issued for the purchases and thus the mandatory information (name,
surname, permanent or temporary residence address, telephone number, mobile phone, IP number, legal entity, company name and tax number). For the Customer to cancel the registration means complete discontinuation of shopping, participation in prize draws and receiving information messages.
Due to the international nature of the Distributor's business, the Customer's personal information may be
processed by the Distributor or his service providers worldwide (including at locations outside of the
European Economic Area). This will only take place for the purposes set out in the "Use of information";
section above. By submitting personal information to the Distributor, the Customer consents to this
The Site may contain links to other web resources that are not in any way affiliated with the Distributor
and the Distributor therefore assumes no responsibility for data protection on these websites.
The Distributor does not assume any fault for errors arising from the provision of false information while
completing the online registration form.
The Distributor will not sell, distribute or lease the Customer's personal information to third parties unless
the Distributor has the Customer's permission or is required by law to do so.
The Distributor will notify the Customer of any changes to the Site declarations and rules by e-mail
mentioned at the time of registration. The valid version will also be published on the Site.
In case of any questions regarding the protection of personal data, the Customer can forward them by
any means of communication, specified in "Contact details" section.DISCLOSURE OF INFORMATION
The Distributor may disclose the Customer's information to the following third parties in connection with
the purposes described above in the "Use of information"; section:
the Distributor's affiliated or associated companies;
third parties who provide products and services to the Distributor or on his behalf, for example
contractors used to host, operate and maintain the Site on the Distributor's behalf or to process
and fulfil orders that the Customer places with the Distributor and to take payments for these
to the extent permitted by local applicable law, credit reference agencies such as Experian, and
other providers of financial or transaction service in connection with the processing of
transactions and for fraud screening;
any organization or agency that the Distributor appoints to handle email or other direct marketing
any other third party, if this is reasonably required in order to assist the Customer with any
enquiry, or to process or fulfil the purchase of any order that the Customer has submitted via the
Where the Customer has consented to the Distributor disclosing the Customer's personal information to
selected companies to enable them to market their goods or services to the Customer, then the
Distributor may also provide the Customer's information to these companies who will themselves act as
data controllers for the information they receive.
The Distributor may also disclose the Customer's personal information to other third parties:
for the protection and realization of legitimate interests;
if the Distributor wish to sell any business or assets, in which case he may disclose the
Customer's personal information to the buyer or any prospective buyer of such business or
assets under strict confidentiality rules;
if the Distributor is under a legal duty to disclose the Customer's personal information; or
if any applicable law otherwise permits the Distributor to do so. For example, the law generally
permits to disclose personal information for the purposes of the prevention or detection of crime,
where necessary in connection with legal proceedings and for a number of other reasons.
The Distributor may share generalised information about site visitor patterns with third parties. However,
the Distributor will not provide information to them which allows them to identify individual visitors.THE CUSTOMER'S RIGHTS
The Customer has a number of legal rights in relation to how his personal information is used, and some of these are set out below. The Customer may also have additional rights in relation to the data the Distributor holds about the Customer under applicable local laws.
The Customer may request details of personal information which the Distributor holds about the
Customer under the Data Protection Act 1998. A small fee will be payable. The Customer may request
from the Distributor a copy of the information held about him by any means of communication, specified in "Contact details" section.
If the Customer find that any information held about him is incorrect or incomplete, an appropriate
notification has to be submitted by email us as soon as possible, at the email address, specified in
"Contact details" section. The Distributor will promptly correct any information found to be incorrect. The Customer may also correct any information found to be incorrect by himself vie the Site facilities by
logging into his account.
The Customer may choose to restrict the collection or use of his personal information in the following
whenever the Customer is asked to fill in a form on the Site, he can click a special box to indicate
that he does not want the information to be used by anybody for direct marketing purposes;
if the Customer has previously agreed to the Distributor using the Customer's personal
information for direct marketing purposes, the Customer may change his mind at any time by
editing the communication preferences in his account or by letting the Distributor know by any
means of communication, specified in "Contact details" section. In this case the Customer may
request that the Distributor permanently or temporarily suspends the use of the Customer's
personal data for direct marketing purposes. The Distributor within 15 days appropriately stops
the use of personal data for direct marketing and notifies the Customer by e-mail within the next 5
Data user is Fotonica Europe d.o.o. (the "Distributor"). The responsible person will answer questions
about the confidentiality of the Customer's information, the way in which data is collected and used or the desire for additional information.
Company: Fotonica Europe d.o.o.
Head office: Trubarjeva cesta 55, 1000, Ljubljana
Phone: +386 1 777 47 27
Responsible person: Oxana SoldatkinaCOMPLAINTS AND DISPUTES
The Distributor respects the applicable consumer protection legislation. Complaints can be registered
online using a special form at www.fotonicalighting.com
website, or sent by e-mail to email@example.com or at the following address:
Fotonica Europe d.o.o.
Trubarjeva cesta 55
The Distributor must confirm within five working days that the complaint has been received, contact the
Customer and let him knows how long he will handle it and keep the Customer about the progress of the process. The Distributor is aware that the essential characteristic of the consumer dispute, at least in
terms of judicial resolution, is the disproportion between the economic value of the claim and the costs
arising in the resolution of the dispute itself. This is also the main obstacle for the Customer not to initiate
a dispute before a court. Therefore, the Distributor strives to do his best to resolve any dispute by mutual consent.
In accordance with legal regulations, the Distributor does not recognize any third-party dispute resolution performer as competent to resolve a consumer dispute that may be filed by the Customer in accordance with the Consumer Dispute Resolution Act.
The Distributor, as a supplier of goods and services, promotes online trading in the Republic of Slovenia and the European Union and publishes on the Site a link to the online consumer dispute resolution platform. The platform is available for customers here:https://ec.europa.eu/consumers/odr/main/index.cfm?...
This arrangement arises from the Consumer Dispute Resolution Act, Regulation (EU) No 1095/2010.
Regulation (EU) No 524/2013 of the European Parliament and of the Council on the online settlement of consumer disputes 2016/2004 and Directive 2009/22/EC.
All disputes arising from the use of the Site and from these General Terms and Conditions that the
Distributor and the Customer cannot resolve by mutual agreement are resolved by a competent court in Ljubljana.CONTACT DETAILS
Fotonica Europe d.o.o.Head office:
Trubarjeva cesta 55, 1000, Ljubljana, SloveniaPhone
: +386 1 777 47 27E-mail:
firstname.lastname@example.org (for general issues)
email@example.com (for delivery issues)
firstname.lastname@example.org (for technical assistance issues)
email@example.com (for payment issues)Websites
Copyright © 2020, Fotonica Europe d.o.o., Flora Fotonica Ltd. or its licensors. All Rights Reserved.
Fotonica™ and EVA3™ are trademarks and/or trade names of Flora Fotonica Ltd.
Pat. No. US20160113213A1 / EP3003010B1 / CA2914575A1.
Additional applications may apply or be pending.