General Terms and Conditions of Sale of Freedompro S.r.l. Products and Services
Welcome to the online store (the “Store”) of Freedompro S.r.l. with registered office in Corso di Porta Romana, 63 - 20122 Milan | Italy, VAT number 08191460966. By purchasing Freedompro S.r.l hardware and software products ("Products") from the Online Store, you undertake to comply with these General Terms and Conditions of Sale ("Terms and Conditions") and any additional conditions provided by Freedompro S.r.l., including, but not limited to, our conditions and user manuals available at the link freedompro.eu and the conditions of the limited warranty supplied with a Product.
THIS IS A LEGALLY BINDING CONTRACT. BY PLACING 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 GUARANTEE THAT YOU HAVE THE RIGHT, FACULTY AND ABILITY TO ACCEPT THESE GENERAL CONDITIONS AND DECLARE THAT YOU ARE OF THE NECESSARY LEGAL AGE IN YOUR JURISDICTION OR IN THE PLACE OF RESIDENCE TO PURCHASE AND USE THE PRODUCTS TO WHICH THIS CONTRACT RELATES. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS PROVIDED FOR IN 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 Terms and Conditions, you can contact Freedompro S.r.l. at the email address [email protected]
The store is intended for online sales only.
The law recognises a number 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.
The Store is accessible all over the world and the Products offered have been certified and CE marked. 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.
Compatibility
You declare that you have checked the compatibility of the Products you are purchasing with your specific needs and that you have carefully read the relative installation and use manuals available on the Help Center website.
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 entitle you to receive a refund.
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 authorized to charge you the cost of the purchase according to the payment method you have chosen from those available. Should the pre-ordered product be unavailable 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 the right, at its sole discretion, to accept or reject your purchase offer, which will be subject to these General Terms and Conditions. Freedompro S.r.l. reserves the right to cancel or refuse any 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.
Software Licences
When your order includes software licences, free or paid, in addition to these terms and conditions, where applicable, the relationship will be governed as follows:
Freedompro grants a licence for use of the Software to the Customer, who accepts, and related documentation under the terms and conditions set out in this Contract.
The Customer may install the Software in the versions chosen on their own device.
The components of the software are licensed as a single product.
The licence for use granted is to be understood as non-exclusive, onerous or free for a limited period of time as a test, not sublicensable or resalable for any reason, without the prior written consent of Freedompro.
The use of the Software is subject to it being activated by the Customer, entering the codes provided by Freedompro.
Freedompro reserves the right to check the validity of the user licenses installed at the Customer, including with the aid of electronic programs, which automatically send Freedompro the identification data of the licences present on the Customer's systems and terminals.
The Software may therefore ask for the validation thereof from time to time. Validation verifies that the Software has been activated and is properly licensed. If the validation fails, the use of the Software will be inhibited. If during the validation phase, it is detected that the software installed on the Customer's device is counterfeit, does not have a regular licence or is not an original Freedompro product, the Customer will no longer be able to continue using that Software and Freedompro will suspend the supply of any service for the customer.
The Customer will be able to obtain updates only for the Software received from Freedompro, directly from Freedompro.
The Software marked as an update replaces and/or integrates and deactivates the product that forms the basis, which is integrated by updating. All the contractual provisions relating to the Software apply to the updates and the final product resulting from the integration with the updates.
The Customer may use the Software only in the manner expressly permitted in this Contract. In doing so, the Customer must abide by any technical limitations in the software that allows its use only in certain ways. The Customer cannot:
Circumvent the technical limitations and technological measures contained in the Software
Reverse engineer, decompile or disassemble the Software unless such activities are expressly permitted by law and in any case within the limits of such provisions
Publish the Software for duplication by others
Rent, lease or loan the Software, or provide hosting of commercial services using the Software
Use the Software in contravention of the law
The Customer is required to pay Freedompro the fee for the licence to use the Software and related Services, as indicated on the Freedompro website.
Except when the licence for use is activated free of charge for a temporary trial period, Freedompro will provide the licence to use the Software and related services only after having received the payment of the fee.
The Customer undertakes not to resell the Software licence for any reason, nor to make or have copies made without the written authorisation of Freedompro, acknowledging that any non-compliant behaviour would constitute a breach of Freedompro's rights on the Software and related documentation and, more generally, copyright regulations, as well as constituting a breach of this Contract.
Should the Software be used in a manner that does not comply with these provisions, the Contract may be terminated by law and the Customer shall pay Freedompro the fee for the use of the Software for the number of devices on which it was used, tripled as a penalty and without prejudice to Freedompro's right to obtain compensation for greater damage.
If the Customer has acquired the Software on disk or another medium, they are authorised to make a backup copy on the same medium. The Customer may use this copy only to reinstall the software in the event of a Software malfunction or failure or replacement of the Computer. The use of the backup copy is subject to its activation according to the methods and validation operations described above.
The proof of the validity of the licence will be the possession, by the Customer, of the purchase invoice for the Software licence and of the activation codes sent by Freedompro via email to the address communicated during the registration phase.
The Customer acknowledges and accepts that the Software, including updates, is supplied" as is", that it is suitable for use in the light of the technologies and operating systems currently on the market and that Freedompro does not issue any express or implied declaration as to the fact that the Software is suitable to meet the needs of the Customer, that it is free from errors or that it has features not provided for in the technical specifications and related documentation.
Freedompro shall provide the Customer with Update and Assistance Services. These general terms and conditions shall apply to these services.
The Customer acknowledges that, except in cases of wilful misconduct or gross negligence, Freedompro may, under no circumstances, be held liable for any damage that may arise to the Customer or to third parties as a result of the use or non-use of the Software.
Payment
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 otherwise not acceptable, your order maybe suspended or cancelled. To complete your order, you will have to resolve any problem that we have raised.
Availability and pricing
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.
Sales tax (VAT)
Depending on the order, Freedompro S.r.l. will calculate and debit the sales tax (VAT) in compliance with applicable laws.
Resale, export ban 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.
Shipping and delivery
Product prices do not include shipping costs. Our delivery rates and methods are specified at checkout. Estimated arrival or delivery dates do not represent guaranteed dates for the delivery of your order, but only an indicative date.
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 mobile applications may not be available in the local language.
The support services available in the Store will be accessible in Italian and 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 liability in the event of a violation of these laws or regulations.
Installation
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 ensure full compliance with all applicable laws in your jurisdiction. Freedompro S.r.l. is not liable 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 such installers. You are solely responsible for choosing, with due care, the installer best suited to your needs.
Returns and refunds
Freedompro S.r.l. does not accept any return that has not been previously authorized in writing through the section of the site dedicated to Return Policies.
Please provide detailed information on where and when the Product was purchased and the reason for returning the Product. Freedompro S.r.l. customer service can provide you with a return authorization 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 authorize 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.
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.
Please note: for bundle or pack purchases, you will need to return all products purchased in the bundle.
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 place of jurisdiction".
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.
Trademarks, distinctive signs and labels: altering existing ones is prohibited, as is affixing others without authorization.
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 Freedompro S.r.l., to add additional labels, distinctive signs and/or brands of any kind to Freedompro S.r.l. products.
Guarantees, 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 supplied "as is", without warranties or conditions of any kind, express or implied, including, without limitation, any warranties of title or implied warranties of marketability 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. These systems and accessibility to them, in fact, vary based on factors beyond the control and/or knowledge of Freedompro S.r.l. Nothing provided in these General Terms and Conditions and, in particular, in this article may exclude or limit the liability that cannot 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 authorized 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.
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/email for the purpose of processing the order. Freedompro S.r.l. may also share such data globally 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.
Electronic communications
When you use the Freedompro S.r.l. Online Store or send an email 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 you electronically satisfy any legal requirement that provides for the obligation of the written form for such communications. When you place an order in the Store, we will collect and store your email address. From that moment on, your email 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 emails by using the unsubscribe link contained in the emails.
In this case, your email will only continue to be used exclusively for communications regarding the orders you have placed.
Notices
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 email to the main email 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 authorized email contacts in order to be sure to receive email notifications from Freedompro S.r.l.
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.
Severability.
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.
Survivability
The obligations set out in Articles 11 to 21 will survive the expiry or termination of these General Terms and Conditions.
Waiver.
Any waiver, 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.
Applicable law and place of jurisdiction.
These General 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.