Terms and conditions
1 - Introduction
The company SPERNANZONI S.r.l., with registered office in via Gentile da Fabriano, 66 - Italy, VAT number 01581820436, owner of the brands, that operates and distributes through authorized dealers and the website www.spernanzoni.com, of which it is the owner.
These general purchasing terms and conditions (hereinafter General Terms and Conditions), regulate the remote and online purchase of products from the company Spernanzoni srl (hereinafter Products), through the Website. The purchase is reserved to the Website’s users who want to rely on the purchasing services of the Products (hereinafter Clients).
The Client needs to acknowledge the following General Terms and Conditions before completing the purchase on the Website. This information shall be deemed as read, understood and fully accepted by the Client while placing a purchase order.
For this reason, the Client needs to comply with these General Terms and Conditions and Spernanzoni srl will have no liability for possible different conditions from the current ones that have not been previously agreed on in writing.
2 - Products
The Products available for purchase on the Website are shoes and fashion accessories.
All the Products are subject to availability. Spernanzoni srl reserves the right to change the limits for quantity and/or type of goods for online purchase at any time. The Client will be informed if his order could not be processed due to a lack of availability of the product.
3 - Prices
The prices on the Website are in € (Euro) and include VAT. In the countries in which the VAT is not applicable, the price will be displayed after taxes. Delivery costs are excluded, unless otherwise indicated.
Spernanzoni srl constantly verifies that all the prices on the Website are correct, without granting that no error will be made. In the event of an error in the product price, Spernanzoni srl will give the Client the possibility to confirm the purchase at the correct price or the cancellation of the order.
4 - Offers
Spernanzoni srl reserves the right to carry out special promotional purchases or offers on the Products present on the Website. The conditions applied to the offers will be regulated from time to time by Spernanzoni srl with some special communication to its Clients. Unless otherwise stated, these General Terms and Conditions will be applicable.
5 - Purchase procedure
The main characteristics and the prices of the Products are displayed in the offer regarding every single Product present on the Website.
The orders can be placed after the registration and the creation of a personal account, as per the previous points, following the instructions on the Website.
6 - End of contract
The display of the Products on the Website is not a contractual offer from Spernanzoni, but it is just an invitation to offer. The order sent by the Client, by clicking on the button “close the order” inside the section "Proceed with Purchase"("Order") is a contractual offer to purchase. After receiving the Order from the Client, Spernanzoni will send an e-mail to the address given by the Client, confirming receipt of the Order and listing the details of the Order ("Confirmation of Order Receipt "). This Confirmation of Order Receipt does not mean an acceptance of the Order from the Client, but informs the Client that Spernanzoni received the Order. The selling/purchasing contract between the Client and Spernanzoni is considered as terminated only when Spernanzoni sends the Client an e-mail stating that the Order has been accepted and that the Product has been shipped ("Shipping Confirmation").
7 - Payment
The Client can pay for the Products and delivery costs via credit card, Paypal and wire transfer.
Spernanzoni srl accepts payments via credit card.
To prevent any fraud on Internet, payments on the Website are handled by the selected bank with the tools offered by the Master Card system.
This company shall be liable for the storage and electronic use in a safe environment of the information regarding each order, including any financial information.
All the financial information, like the credit card number, expiration date, etc. are handled by Master Card system, which grants the safety of online transactions. Spernanzoni srl does not know the credit card data and for this reason cannot store them in any way.
The Client’s credit card will be charged only after the credit card data are verified, a receipt of charge sent by the company issuing the credit card is sent, the Product availability will be confirmed by Spernanzoni srl and for this reason after the order is ready to be executed.
No charge will be made when the order is sent.
Spernanzoni srl accepts payments via Paypal.
8 - Shipping and taxes
Spernanzoni srl ships through DDP (Delivery Duty Paid) inside the EU, and in these destinations goods will be sent to the place indicated without paying any extra amount, other than what paid once the order was placed. For any other country, the DDU (Delivery Duty Unpaid) is used, so the courier might have a separate invoice requesting the payment of the duties and taxes required by the local authorities.
If the shipping address is in a country that is part of the EU, the goods are subject to VAT (21%); if the shipping address is in a country that is NOT part of the EU, according to Art. 8, paragraph 1, a) - 21 - 23, Presidential Decree n. 633/1972, the goods are not subject to VAT.
Any custom duty or taxes will be calculated and applied by the customs' authorities.
9 - Transportation and delivery
For the delivery of the items, the Client can choose his own residence or domicile, the work place, or a private address of his choice. For safety reasons, no delivery will be made to PO boxes and the order will not be completed.
For every order placed on the Website, Spernanzoni srl issues a receipt of the goods shipped, by sending it to whomever placed the order, according to the Presidential Decree 445/2000 and the Legislative Decree 52/2004. For the issue of the receipt we will use the information disclosed by the Client when placing the order. No changes in the receipt will be possible, once it has been issued.
Delivery expenses are paid by the Client and are separately highlighted in the order form. They can change in relation to the shipping method chosen and the destination of the Products.
For the delivery of the goods to take place it is necessary that the Client or a person in charge is present at the address indicated in the order. Once the goods are delivered by the Courier, the Client needs to verify: (i) that the number of packages is the same as of what declared in the transportation document(DDT); (ii) that the package is not damaged, nor wet or altered, also in the seals.
Damages to the package and/or product or the lack of correspondence between the number of packages or the indications must be immediately reported, expressing written reservation on the Courier’s delivery document. Once the Courier’s document has been signed, the Client cannot object anything regarding the outside characteristics of the items delivered.
In the event that Speranzoni srl cannot deliver the order due to sudden unavailability, even temporary, of the Products, Spernanzoni srl will immediately, and not beyond 10 (ten) days, notify the Client via e-mail. The amount paid by the Client will be refunded as soon as possible, but not beyond 30 (thirty) days from receipt of the purchasing order.
10 - Tracking number
Spernanzoni srl will send a confirmation e-mail to the Client once the Products have been shipped. To guarantee the safety in the delivery of the Product, Spernanzoni srl will keep the tracking number of every delivery.
11 – Returns, right of withdrawal and order cancellation
For Spernanzoni srl the Client’s satisfaction is very important.
The goods purchased can be returned within a maximum of 10 (ten) days from the date of delivery.
Any returned item must be ALWAYS AUTHORIZED by Spernanzoni srl. Please follow the return instructions given by Spernanzoni; if Spernanzoni does not indicate a specific courier, please use a secured courier so that to track the shipping.
Spernanzoni srl will refund the Client the cost of non-used and undamaged Products, that are still in their original packages and with their own receipt.
Spernanzoni srl reserves the right to refuse to return Products that do not comply with what said in the previous paragraph.
The delivery costs are non-refundable. The delivery costs for the Products return are paid by the Client; any expense paid by the Client for the return will be non-refundable.
The costs that Spernanzoni srl will incur for any customs clearing of the returned goods, will be taken from the amount to be refunded.
Spernanzoni srl shall not be held responsible for the refund of the returned products that are lost, stolen or damaged.
Spernanzoni srl will refund the Client within 30 days from the date of receipt of the Client’s bank details.
Spernanzoni srl will send a notification e-mail once the refund took place.
According to Art. 64 of the Legislative Decree n. 206/2005, the Client has the right of withdrawal from the contract with no penalty and without an explanation within 10 (ten) business days starting from the date of receipt of the Products, exception made for what stated in the next paragraphs. To exercise the right of withdrawal, the Client needs to send to the following e-mail address firstname.lastname@example.org, a written notice, stating:
Declaration that the Client is waiving the right of withdrawal according to art. 64 of the Legislative Decree 206/2005;
Indicate the Products for whom the Client wants to waive the right of withdrawal;
The order number issued upon purchase.
This notification can be sent within 10 (ten) business days also via fax or e-mail.
In the event that the Client wants to change or cancel an order, he will have to send an e-mail at email@example.com within 24 hours from the order placement. Spernanzoni srl will do everything in its power to satisfy the Client’s requests. However, once the product is shipped, the order cannot be cancelled or changed other than when the shipped goods are returned to Spernanzoni srl. In this case, please see the previous paragraphs.
12 – Liability for defects
If the Client decides that the Product does not comply with the Contract or it has some defects, he will have to immediately notify it via e-mail or fax.
The Product will be returned only if authorized by Spernanzoni.
Spernanzoni will check the Product and will send an e-mail to the Client on whether he has the right to be refunded or not or if the Product can be exchanged. Any refund will cover the purchasing price paid by the Client and any return expenses that Spernanzoni will have. The refund or exchange will take place after 30 (thirty) days from the receipt of the bank details (including the swift code for foreign Clients) and will be paid by the Client.
Spernanzoni cannot be held responsible for damages to the Products caused by a third party delivery.
Spernanzoni cannot be held responsible for damages caused by an improper use of the Product, an alteration of the Product, normal wear and tear or lack of attention in taking care of the Product.
13 - Errors and inaccuracies
Spernanzoni srl will always try to give updated information on the Website.
However, it cannot grant that the Website will contain no mistake. The Website could contains typos, mistakes, inaccuracies and omissions, including some referring to the price and availability of the Product and the information sheet on the Product itself.
Spernanzoni srl reserves the right to correct any mistake, inaccuracy or omission also after the order has been placed and it also reserves the right to change and update the information at any time without notice.
14 - Guarantee of authenticity
Spernanzoni srl guarantees the authenticity of all the Products purchased on the Website. Spernanzoni’s Products are entirely manufactured in Italy with good materials. All of the rights regarding intellectual property like brands, service marks, trade dress and copyright are owned by Spernanzoni srl. The pages and contents of this Website cannot be reproduced without previous written consent.
All the contents on www.spernanzoni.com including texts, documents, logos, pictures, graphics, video, their disposition and adaptations are subject to the laws on intellectual property and are protected by copyright. It is forbidden to copy, change, translate, distribute, use, store, publish these contents on other websites without previous written consent from Spernanzoni. Any third party content is expressively designated as such.
Downloading, displaying and printing the contents from this website is allowed for personal use only and the user has no right on this material. The brand, "Vittorio Spernanzoni" is a registered trademark owned by Spernanzoni S.r.l.
Spernanzoni uses the brand “Vittorio Spernanzoni” as the company ID on the market.
15 - Changes in the general terms and conditions
These General Terms and Conditions are regulated by the Italian Law, including the Code of Consumption and the law on E-Commerce as per Legislative Decree 9 April 2003, n. 70.
Spernanzoni srl reserves the right to change these General purchase Terms and Conditions at any time. Any change, cancellation or addition will have immediate effect after their notification on the Website.
Once the notification took place, any access and use of the services provided by Spernanzoni srl is to be intended with acknowledgement of the changes made.
COMPETENT COURT This contract is stipulated in Italy and it will be regulated by the Italian Law. For any controversy regarding the termination, validity, interpretation or execution of this contract, if the client is a personal customer, the local authority is the Court of the customer’s place of residence or domicile, if situated in Italy. In any other case, the local authority is exclusively del Court of Macerata.
PROCESSING OF PERSONAL DATA
Spernanzoni Srl according to art. 13 of the Legislative Decree 196/2003 informs that the personal data and the tax details acquired even verbally in reference to the business relationship set, given to the interested party, that-is-to say otherwise acquired inside the company’s activities, are subject to the regulations above, including the obligation to confidentiality.
EXPRESS TERMINATION CLAUSE: In the event of a lack of total or partial payment of the prices of the goods purchased, Spernanzoni Srl reserves the right to consider, according to art. 1456 of the Italian Civil Code, the termination of this contract after written notice sent to the client’s e-mail.
16 - Contact
For further information and assistance on the Website or online purchase procedures, please contact us at this e-mail: firstname.lastname@example.org or at this address:
Via Gentile da Fabriano, 66
62010 Morrovalle (MC)
After browsing through this website, data regarding identified or identifiable users might be handled. The Data Controller is: Spernanzoni SRL, with offices in Via Gentile da Fabriano, 66 62010 Morrovalle Scalo (MC), Italy.
As explained in the policy referred to in article 13, paragraph 1 - point f of the Legislative Decree 30 June 2003, n. 196 'When the controller has decided on several supervisors and has indicated at least one of them, mentioning the website of the communication network or the process through which the updated list of the supervisors can be easily tracked'. To comply with the regulations, there is an updated list of the data Supervisors. By sending an email to email@example.com or a telefax to the number +39 0733 866659 the user can request further information regarding the data and ask for the updated list of the people supervising the data collection.
The handling connected to the services of this website will take place in the afore-mentioned offices of the controller and they are managed only by the technical staff of the office controlling the data, or by staff members temporarily in charge of maintenance. No data coming from any web service is disclosed. The users’ personal data, forwarding requests of informative documents (newsletters, brochures, leaflets, estimates etc.), are used with the only purpose to handle the service requested and they are not disclosed to third parties.
Browsing data, computer systems and software procedures concurring to the functioning of this website collect some personal data, whose disclosure is implicit in the use of internet communication protocols. This information is not collected to be associated with identified users, but they could, through some data processing and associations with third party data, allow the user’s identification. This data category includes IP addresses or computer domain names used by the users browsing through the website, method used in supplying the request to the server, file size obtained as a response, number indicating the response status given by the server (completed, error, etc..) and other parameters regarding the operating system and the user’s IT environment. These data are used with the sole purpose to get anonymous statistical information on the use of the website and to check its proper functioning and are immediately deleted after the processing. The data could be used to check liability in case of fraud against the website.
DATA DELIBERATELY DISCLOSED BY THE USER
The Controller will also use personal data disclosed by the users so that to take advantage of certain services or obtain information regarding services supplied by this website. Particularly, the discretionary, explicit and voluntary sending of emails to the addresses indicated on this website means a subsequent acquisition of the sender’s address necessary to answer the requests, in addition to other personal data that are part of the mail. Personal and/or company data contained in the website forms are protected by the controller and are used to answer the user’s questions, to give information or integrate a mailing-list so that to contact the user regarding products and/or services and any promotion and/or offers.
A cookie is a text file that a website sends to the user’s computer browser. The browser saves the information and sends it back to the website server when the browser accesses that website again. A cookie generally contains the name of the Internet domain (website IP address) where the cookie comes from, the 'duration' of the cookie (moment in which it expires), a code, generally a unique number randomly generated. No users’ personal data are acquired by the website. No cookies are used to broadcast personal information, nor are persistent cookies used, that-is-to say systems to track users. The use of the so-called session cookies (that are not memorized persistently on the user’s computer and disappear once the browser has been shut off) is strictly limited to the transmission of session identifiers (constituted by random numbers generated by the server) necessary to allow a safe and efficient browsing of the website. The so-called session cookies used on this website avoid the use of other techniques that are potentially harmful for the navigation privacy and they do not allow the collection of the users’ identifiable personal data.
FACULTY OF DATA SUPPLY
Exception made for browsing data, the user has faculty to supply personal data reported in the request forms and/or indicated in the “contacts” section to solicit information dispatch. Failure to disclose these data will concur in the impossibility to obtain what requested.
The personal data will be managed with computerised instruments for the strictly necessary time in order to achieve the objective they have been reported for. Dedicated security measures are realized in order to prevent a data loss, a wrongful or uncorrect use of them especially from not authorised people.
INTERESTED PARTY’S RIGHT
Via Gentile da Fabriano, 66 62010 Morrovalle Scalo (MC), Italy.
P. IVA 01581820436
Tel. +39 0733 865149
Fax. +39 0733 866659