Conditions of sale
GENERAL CONDITIONS OF ONLINE SALES
Last revised 27.11.23
Section 1 - PREMISES
Art.1 - Introduction
These General Conditions of Online Sales - applicable to web transactions managed through the website www.sprizzer.com (hereinafter referred to as the "Site") - govern the offer and sale of goods (and/or services) promoted online by Sprizzer srl (hereinafter the “Supplier”), with registered office in Treviso, via Mandruzzato 2b (postcode 31100), registered with the Chamber of Commerce of Treviso and Belluno at no. TV - 435202, with CF/P. VAT 05314210260, share capital 14706 iv, with the following certified email address (PEC): email@example.com
Art 2 - Definitions
Electronic Commerce Contract: Electronic Commerce Contract (hereinafter the “Contract”) means a sales or service contract according to which the Supplier, or its intermediary, offers goods or services through a website, or other electronic means, and the Buyer (consumer), places the order for such goods or services on such website, or by other electronic means organized by the Supplier. For this, as for the following two definitions, please refer to EU Regulation 524/2013
Sales contract: any contract according to which the Supplier transfers, or undertakes to transfer, ownership of goods to the Buyer and the latter pays, or undertakes to pay, the price (EU Regulation 524/2013, art. 4).
Service contract: any contract, other than a sales contract, under which the Supplier provides, or undertakes to provide, a service to the Buyer and the latter pays, or undertakes to pay, the price thereof (Regulation EU 524/2013, art. 4).
Consumer Code : reference legislation for consumer protection, dictated by Legislative Decree 6 September 2005, n. 206, as last amended (hereinafter, for brevity, the "Consumer Code"). To consult the Legislative Decree in the version in force, please refer to the following site: Consumer Code .
Buyer: the expression Buyer means the consumer, or user, a natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out (art. 3, letter a, Consumer Code).
Supplier : the expression Supplier means the natural or legal person who acts in the exercise of his entrepreneurial, commercial, artisanal or professional activity, or his intermediary (art. 3, letter c, Consumer Code).
Producer : producer, is the manufacturer of the finished good or one of its components, as well as the producer of the raw material, as well as for agricultural products, of the soil and for those of livestock, fishing and hunting, respectively the farmer, the breeder, the fisherman and the hunter (art. 115, paragraph 2-bis, Consumer Code).
Compliance with the Contract: all those goods comply with the Contract in relation to which, if relevant, the following circumstances coexist: i) they are suitable for the use for which goods of the same type are usually used; ii) conform to the description made and possess the qualities of the goods presented as a sample or model; iii) present the usual quality and performance of a good of the same type, which the Buyer can reasonably expect, taking into account the nature of the good and, where appropriate, the public declarations on the specific characteristics of the goods made in this regard by the seller, the manufacturer or by its agent or representative, in particular in advertising or labelling; iv) are also suitable for the particular use desired by the Buyer and brought to the attention of the Supplier by him at the time of conclusion of the Contract and which the Supplier himself has also accepted for conclusive facts (art. 129, paragraph 2, Consumer Code) .
Defective good: a good is defective when it does not offer the safety that can legitimately be expected taking into account all the circumstances, including: a) the way in which the good was put into circulation, its presentation, its obvious characteristics , the instructions and warnings provided; b) the use to which the asset can reasonably be put and the behavior that can reasonably be expected in relation to it; c) the time in which the good was put into circulation. A good cannot be considered defective simply because a further improvement has been put on the market at any time. A good is defective if it does not offer the safety normally offered by other examples of the same series (art. 117, Consumer Code)
Section 2 - GOODS AND/OR SERVICES OFFERED ONLINE
Art. 3 - Object of the contract
3.1 With the Contract the Supplier sells and the Buyer purchases, via electronic means, the goods and/or services offered on the Site.
3.2 The aforementioned goods and/or services are available on the Site, on the web page www.sprizzer.com, which reproduces the catalog of goods and/or services promoted online by the Supplier. These goods and/or services are depicted/represented on the Site accurately, highlighting the related characteristics. However, the Supplier cannot guarantee a timely and exact correspondence between the real consistency of the goods and/or services promoted online and the relative representation on the Buyer's monitor.
Art. 4 - Availability of goods
4.1 The Supplier ensures, via computer system, the processing and fulfillment of the order without delay, according to the procedures referred to in Art. 5 of these General Conditions of Online Sales. To this end, the Supplier's electronic catalog will indicate in real time the available and unavailable goods, as well as the expected times for their shipment. The aforementioned IT system will confirm the registration of the order as soon as possible, forwarding specific confirmation to the Buyer by e-mail (so-called Order Receipt).
4.2 Should an order, however, exceed actual stock availability, or be unavailable for other reasons, the Supplier, by e-mail or telephone, will promptly notify the Buyer of the unavailability of the goods in question and if possible, the waiting times to obtain it, requesting confirmation of the order again according to the different times indicated by the Supplier.
Section 3 - CONCLUSION AND EXECUTION OF THE CONTRACT AND RELATED PROCEDURES
Art. 5 - Conclusion of the contract
5.1 The Contract between the Supplier and the Buyer will be concluded exclusively online. After accessing the e-Shop www.sprizzer.com, the Buyer must follow the procedures/instructions indicated therein to formalize the purchase of the goods and/or services by filling in the forms prepared by the Supplier. If intending to purchase online, the Buyer must duly select the desired goods and/or services, one at a time, placing them in the cart configured by the Supplier. Once the desired goods and/or services have been selected, the Buyer will be asked to close their cart by forwarding the list of desired references to the Supplier. Before forwarding, a form will be displayed to confirm the purchase order of the selected goods and/or services, with an indication of the relative prices, as well as the options given to the Buyer, who will be responsible for identifying the delivery, transport and payment methods for the execution of the contract. Through order confirmation, the Buyer undertakes to check and validate, before sending, his personal data, the goods/services covered by the Contract, their prices, with any shipping costs and/or additional charges, confirming the chosen payment methods and terms, the delivery address, as well as any other data requested. The format of the order confirmation instructs the Buyer in advance about the execution times of the Contract, drawing attention to the right of withdrawal, as well as the other rights reserved by law to the Buyer. Once the required checks have been carried out, it will finally be up to the Buyer to select the interactive button - present at the bottom of the web page - by clicking on the "Confirm purchase order with obligation to pay" box, thus forwarding the order to the Supplier.
5.2 The online publication of goods and/or services via the Site constitutes a simple invitation to offer so that the Buyer can formulate a purchase proposal; in this sense the Buyer's order, previously confirmed by the Buyer, constitutes exclusively a contractual proposal, subject to these General Conditions of Online Sale, which the Buyer declares to know and accept. The order confirmation - duly completed and verified as per instructions - will be confirmed by the Supplier with receipt (4) to the Purchaser's e-mail address for the sole purpose of confirming its receipt in the Supplier's computer system, which will thus begin to process the order, verifying the data provided by the Buyer, such as the availability of what is requested. The receipt from the Supplier does not constitute acceptance of the purchase proposal. This receipt - with the attached "Order Number" to be used in any communication with the Supplier - presents, in addition to the information required by law, all the above data, which the Purchaser will verify again by promptly communicating to the Supplier any possible correction of the case. If the incorrect indication of prices or other characteristics of the goods and/or services promoted online is found, such as the unavailability of the requested goods, the Supplier will promptly notify the Buyer inviting him to carry out - if still interested - rectification of the order, or following cancellation of the previous one, new order, according to the methods that will be promptly communicated.
5.3 The Supplier has the right to accept, or not, the order sent by the Buyer, without the latter being able to advance rights and/or claims of any kind, for any reason, including compensation, for non-acceptance of the order itself. The Contract will be concluded only when a separate e-mail (or message in the communications center on the Site or equivalent) accepting the purchase proposal is sent, which will also contain information relating to shipping and the expected delivery date (Confirmation Shipping). If the order is processed in several shipments, the Buyer may receive separate and distinct Shipping Confirmations. The Buyer may, however, cancel his order before receiving the Shipping Confirmation, provided that the order has not been prepared for the shipping process. In this case no cost will be charged. However, the right of withdrawal is without prejudice to the terms and conditions set out in the following Art. 10.
5.4 The amount due will be charged only when the goods included in the order are finally shipped. For any further information on payment authorization, the Buyer is invited to consult the page of the Site dedicated to the specific topic. Once payment for the requested goods/services has been received, the Supplier will proceed to issue the relevant tax document.
5.5 The Contract will not be concluded, remaining void of any effect, if the procedure referred to in this article is not punctually respected.
5.6 For any errors, typos or problems in completing the online formats and, more generally, in carrying out the purchasing procedures prepared by the Supplier, the Buyer is invited to contact, without delay, the following email addresses info@sprizzer .com
Art. 6 - Payment obligation
6.1 The Buyer undertakes to pay the requested price for the goods and/or services purchased online, according to the times and methods indicated on the Site
6.2 The prices of the goods/services promoted via the Site, like any other charge/expense inherent to the invitation to offer, are expressed in Euros.
6.3 Prices include VAT and all other taxes. Shipping costs, as well as any additional charges, such as customs clearance, if any, although not included in the sales price, will be indicated and calculated by the Supplier in the purchase procedure, before sending the order confirmation, and promptly specified in the summary of the order itself (order receipt).
Art. 7 - Payments and refunds
7.1 Payment for the goods/services purchased online will take place according to the method chosen by the Buyer, among those expressly permitted by the Supplier. The use of the aforementioned payment methods does not entail any additional burden for the Buyer, without prejudice to any costs borne by the Supplier, promptly proven and communicated to the Buyer.
7.2 Any refund to the Buyer will be credited using one of the methods proposed by the Supplier and chosen by the Buyer, and, in the event of his withdrawal, within a maximum of 14 days. (fourteen days) from when the Supplier received formal notification of the withdrawal. The Supplier may, however, postpone the reimbursement until receipt of the goods, or, in any case, until the Buyer has provided adequate proof of having sent it back (see art. 10.4 below).
7.3 All communications relating to payments take place on a special encrypted line, which guarantees the storage of such information with a high level of security and in compliance with current legislation on the protection of personal data.
Art. 8 - Delivery of goods
8.1 The Supplier will deliver the goods ordered, without unjustified delay, at the latest, within 30 days. (thirty days) from the date of conclusion of the Contract, in the manner indicated on the website, or, alternatively, chosen by the Buyer. 8.2 If the Supplier is not able to carry out the shipment within the deadline referred to in the previous paragraph, it will promptly notify the Purchaser by e-mail or by telephone, provided that such contact details have been provided during online registration and forwarding. of the order. 8.3 Methods, times, costs and any other shipping costs for the territories served by the Supplier are promptly indicated on the Site.
Art. 9 - Order archiving
9.1 Pursuant to art. 12 Legislative Decree. 70/2003, as well as articles. 50-51 Consumer Code, the Buyer is informed that each order sent online will be stored and archived in digital and/or paper format at the Supplier, according to adequate confidentiality and security criteria. For any copies or other requests in this regard, the Buyer is invited to contact the Supplier at the following email address: firstname.lastname@example.org
9.2 The Buyer is invited to archive both the Order Receipt and the Shipping Confirmation sent by the Supplier, as well as these General Conditions of Online Sale, on their device, in appropriate digital format, printing them in any case.
Section 4 - WITHDRAWAL, WARRANTIES AND LIMITATIONS OF LIABILITY
Art. 10 - Right of withdrawal
10.1 The Buyer has the right to withdraw from the Contract, without penalty and without specifying the reason, within 14 days. (fourteen calendar days), starting from the day on which the Buyer (or third party designated by him) acquired physical possession of the goods, or, in the case of a service contract, from the day of conclusion of the Contract.
10.2 If the Buyer intends to exercise the right of withdrawal, he must notify the Supplier by means of a specific communication (3), sent via registered letter with return receipt, to the address Sprizzer srl, via Mandruzzato 2b 31100 Treviso, or by forwarding it via electronic mail Certified (PEC) to the following email address email@example.com
10.3 The return of the goods by the Buyer must take place without delay and, in any case, within 14 days. (fourteen days) from the date of sending the notice of withdrawal to the Supplier. The only costs payable by the Buyer to exercise the right of withdrawal will be those aimed at returning the goods to the Supplier, who prescribes the adoption of every possible precaution in proceeding with the shipment, using the original wrappings and packaging of the goods, or in any case equivalent , which preserve its integrity and adequately protect it during transport. The return of the goods following the exercise of the right of withdrawal must be made to the following address TO BE COMPLETED
10.4 The Supplier will refund the price of the goods for which the reconsideration has been exercised within 14 days. (fourteen days) from receipt of the notice of withdrawal from the Buyer. In general, the Supplier will use the same payment method chosen by the Buyer for the initial transaction, unless the Buyer himself has arranged otherwise, in which case any additional costs deriving from the different payment method will be his sole responsibility. chosen. The Supplier will have the right to withhold the reimbursement until receipt of the goods, or until the Buyer has provided proof of having returned them.
10.5 If the returned good is damaged, or shows signs of wear and tear connected to manipulations that are not strictly necessary to immediately and directly establish its nature, characteristics and relative functioning, the Supplier will withhold from the refund an amount corresponding to the decrease in the relative value. Therefore, in the event that the returned good is damaged (for example in the presence of abrasions, nicks, scratches, or other deformations, etc.), or is not complete with each element or accessory (including labels, tags, etc.), no accompanied by attached instructions/notes/manuals, original (or, in any case, adequate) packaging and/or packaging, or the relevant guarantee certificates (where present), the Buyer will be liable for the decrease in the value of the goods, with the right to a refund for an amount equal to the residual value of the asset itself.
10.6 Once the communication with which the Buyer expresses his desire to exercise the right of withdrawal has been received from the Supplier, all constraints connected to the Contract will cease, without prejudice to the provisions of this Article.
Art. 11 - Guarantees
11.1 The Buyer is guaranteed the conformity of the goods with the Contract within two years (2 years) of their delivery. Unless proven otherwise, any defects of conformity that appear within 6 months (six months) from the date of delivery of the goods are presumed to already exist on that date, unless this is incompatible with the nature of the goods or with the lack of conformity. in question.
11.2 In the absence of conformity of the goods with the Contract, the Buyer may request, alternatively and without charge, the repair or replacement of the purchased good, or a reduction in the price, or the termination of the Contract, unless the request is objectively impossible to satisfy, or is excessively burdensome for the Supplier pursuant to art. 130, paragraph 4, Consumer Code. If repair and replacement are impossible or excessively burdensome, or the Supplier has not repaired or replaced the goods within the agreed terms or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Buyer, the latter may request, at your choice, a price reduction or termination of the Contract.
11.3 The Buyer loses all rights related to the conformity of the goods with the Contract if he does not report the lack of conformity complained of to the Supplier within 2 months (two months) from the date of its discovery. Not required if the Supplier has expressly recognized the defect, or has consciously hidden it, the report must specify the non-conformity found, as well as at least a photograph of the goods in question, all accompanied by a tax receipt from the Supplier proving the purchase.
11.4 The Buyer must send the complaint, and related requests, alternatively to one of the following addresses: i) Via Mandruzzato 2b 31100 Treviso for communications via registered letter with return receipt; ii) or, via PEC, to the following certified mailbox firstname.lastname@example.org. Having received the complaint/request and related documentation, the Supplier will evaluate the non-conformity reported by the Buyer and, after having carried out the necessary preliminary checks, will authorize, or not, the return of the goods by providing the Buyer with a "Return Code", sent via e-mail to the address provided when placing the order. The authorization to return the goods does not, however, constitute recognition of the non-conformity, the existence of which will be ascertained only after the return of the goods. The good itself - of which the Supplier has authorized the return - must be returned to the address expressly indicated, together with a copy of the return authorization bearing the "Return Code" and in full compliance with the precautions set out in Art. 10.3.
11.5 If the Supplier is required to refund the price paid to the Buyer, in whole or in part, the refund will be made, where possible, using the same payment method used by the Buyer when purchasing the goods, or, alternatively, by bank transfer. It will be the Buyer's responsibility to communicate to the Supplier, already at the time of the complaint/request, the bank details to make the transfer in his favor and to ensure that the Supplier is put in a position to be able to return the sum due.
Art. 12 - Limitation of liability
12.1 The Supplier is not responsible for failure or delayed execution of the Contract if this depends on disservices attributable to causes of force majeure, unforeseeable circumstances, or in any case not attributable to the Supplier. Without prejudice to the hypotheses referred to in art. 1229 of the Civil Code, no compensation will therefore be due to the Buyer, who will only have the right to a full refund of the price and any additional charges paid.
12.2 The Supplier - having demonstrated the adoption of all possible precautions based on ordinary diligence, experience, as well as the best science of the moment regarding the security of online transactions - does not assume any responsibility for any fraudulent, illicit or irregular uses of credit cards, checks or other means of payment, attributable to willful or negligent conduct of the Buyer with respect to the obligations of custody and timely information to the issuer of the aforementioned means of payment.
12.3 For further information on the Supplier's exemptions from liability regarding the use of the Site, please refer to the General Conditions of use/browsing of the Site.
Art. 13 - Ex-contractual liability
13.1 The Manufacturer is responsible for damages caused by defects in the goods promoted/sold via the Site. Pursuant to art. 116 Consumer Code, the Supplier will be responsible for the damage caused by a defect in the goods sold, if he fails to communicate to the damaged party, within three months of the request referred to in the following third paragraph, the identity and domicile of the Producer, or of the the intermediary who supplied him with the good in question.
13.2 The injured party may request compensation for damages caused by death or personal injury, or by the destruction or deterioration of something other than the defective good, provided that it is normally intended for private use or consumption and in this sense used by the injured party. In the latter case, pursuant to art. 123 of the Consumer Code, damage to anything other than the defective goods will be compensable only to the extent exceeding the sum of €387.00 (three hundred-eighty-seven-euros). In any case, it will be up to the injured party to prove both the defect and the damage, as well as the necessary causal connection between the defect and the damage suffered.
13.3 The request for damage, made exclusively in writing, must promptly specify the goods that caused the damage, as well as the date and place of the relevant purchase. Furthermore, if it still exists, it will be the injured party's responsibility to offer the goods in question for inspection, according to the instructions given by the Manufacturer, or Supplier, or by third parties indicated by them.
13.4 Compensation for damage will be excluded if the injured party, although aware of the defect of the goods and the related dangers, nevertheless voluntarily exposed themselves to them. In the presence of fault of the injured party - who using ordinary diligence could have avoided the damage suffered - the compensation requested will be excluded or reduced in proportion to the severity of the fault attributable to the victim.
13.5 Any liability for the consequences deriving from defective goods is excluded if the defect itself is attributable to the conformity of the goods with a mandatory legal rule, or other binding provision, or if the state of scientific and technical knowledge, at the time in which the goods had been put into circulation, it still did not allow it to be considered defective.
Art. 14 - Termination of the contract
14.1 The timely payment of goods and/or services purchased online, pursuant to Art. 6.1 of these General Conditions of online sales, such as the payment of any further charges and/or commitments referred to in Art. 6.3, are essential obligations of the Contract.
14.2 Unless justified by fortuitous circumstances or force majeure, failure to fulfill the aforementioned obligations will result in the automatic termination of the Contract pursuant to art. 1456 cod. civ., without the need for a judicial ruling.
Section 5 - PROCESSING OF PERSONAL DATA
Art. 15 - Privacy
15.1 The Supplier protects the Purchaser's personal data, guaranteeing full compliance of their processing with the relevant legislation and, in this case, with Regulation 679/2016 as well as with the relevant national regulations (Privacy Code, as last amended by Legislative Decree 101/2018).
Art. 16 - Communications and complaints
16.1 For any request please refer to the following contact details: Sprizzer srl, via Mandruzzato 2b - 31100 Treviso, email@example.com. Official communications addressed to the Supplier, as well as any complaints from the Buyer, will be valid only if sent by registered letter with return receipt to via Mandruzzato 2b - 31100 Treviso or, forwarded by e-mail to the following certified e-mail address (PEC) mamatreviso@ pec.it
16.2 The Buyer indicates when registering on the Site, or at the latest in the order confirmation form, his/her residence or domicile, the relevant telephone numbers and the email address to which the Supplier's communications will be sent. For instructions in this regard, please refer to Art. 12 of the General Conditions of Use/Navigation of the Website.
Art. 17 - International access/usability
17.1 The Site and related services can be used in Italian. In addition to the aforementioned version, the Site is also available in English, German and other languages
17.2 These general online sales conditions are available in Italian. If translated into other languages, the only authentic version will be the one in Italian. As regards only the mandatory rights referred to in Art. 20.1, regardless of the authentic language, the interpretation most favorable to the final consumer Buyer will prevail in any case.
17.3 Accessible from computers, tablets, smartphones or other devices, wherever located, the Site promotes goods and/or services intended mainly for the national market. Orders coming from third countries, except as specified below, will be accepted and processed as agreed. In this case, unless otherwise agreed, delivery will take place at the Supplier/Manager's headquarters. The Supplier/Manager reserves the right, however, to suspend/terminate, with short notice and without any penalty, any promotion, marketing, sale or supply of goods and/or services through the Site, in the event of legal/legal obstacles. tax/customs, or, in any case, of an objective nature (and not subjective connected only to the geolocation of the User), preclude the receipt of the order and/or the execution of the Contract with Users resident or domiciled in third countries.
Art. 18 - Extrajudicial resolution of disputes
18.1 As per EU Regulation 524/2013, the Buyer is informed of the right to defer the resolution of any dispute with the Supplier - regarding the offer and purchase of goods and/or services promoted online - to active bodies/companies/offices in alternative dispute resolution (so-called ADR - Alternative Dispute Resolution), through simple, rapid and economical web procedures (so-called ODR - Online Dispute Resolution).
18.2 For any information on the aforementioned ODR procedures please visit the following site: Online dispute resolution
Art. 19 - Applicable law and competent court
19.1 Any dispute between the Supplier and the Purchaser relating to the Contract, and its execution, will be regulated by Italian law and administered, except for exceptions, by the judges of the Supplier's jurisdiction. In any case, the Buyer will be guaranteed the rights conferred by the mandatory consumer protection regulations in force in the relevant country of residence and/or domicile.
19.2 For the reference rules regarding competent jurisdiction and applicable law to the Contract, please refer to art. 66 bis of the Consumer Code, art. 18 of EU Reg. 1215/2012, art. 6 of EU Reg. 593/2008, as, finally, in articles. 3 and 57 of Law no. 218/1995.