TERMS AND CONDITIONS OF USE
Welcome to our web site (“www.spisani.art”). These General Terms and Conditions of Use govern the access and use of www.spisani.art. The access and use of this website as well as the purchase of products on www.spisani.art are based on the assumption that these General Terms and Conditions of Use have been read, understood and accepted by you. This website is managed and maintained by Spisani snc (“Provider”), with registered office in Italy in Piazza Pepoli 225, 44012 Stellata di Bondeno (FE), business register number, tax code and VAT number IT00681870382.
Request for further information can be made through our Customer Care or sent to the address: firstname.lastname@example.org. If you need any assistance, go to the Customer Care area, where you will find information on orders, shipping, refunds and returning products purchased on www.spisani.art, a registration form, tips and other general information on the services provided by www.spisani.art. Remember that you can always contact the Provider by e-mail at email@example.com.
The access to and use of www.spisani.art, including display of web pages, communication with Provider, downloading product information and making purchases on the web site, are carried out by our users exclusively for personal purposes, which should in no way be connected to any trade, business or professional activity. Remember that you will be liable for your use of www.spisani.art and its contents. The Provider shall not be considered liable for any use of the web site and its contents made by its users that is not compliant with the laws and regulations in force, without prejudice to Provider’s liability for intentional torts and gross negligence.
In particular, you will be liable for communicating information or data which is not correct, false or concerning third parties (in the event that such third parties have not given their consent) as well as for any improper use of such data or information.
- INTELLECTUAL PROPERTY RIGHTS
All content included on this Site, such as works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos, menus, web pages, graphics, colours, schemes, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, “Content”), is the property of FRANCESCO SPISANI or Provider and is protected by national and international copyright and other intellectual property laws. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of FRANCESCO SPISANI and Provider as the case may be.
FRANCESCO SPISANI and/or Provider shall have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. FRANCESCO SPISANI and/or Provider shall have the right, at any time, to claim the authorship of any Content posted on this Site and to object to any use, distortion or other modification of such Content.
Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by FRANCESCO SPISANI and Provider shall be carried out by you for lawful purposes only and in compliance with all applicable laws.
- LINKS TO OTHER WEB SITES
- LINKS TO WWW.SPISANI.ART
Please, contact the Provider at the following e-mail address: firstname.lastname@example.org if you are interested in linking the Home page of www.spisani.art and other web pages which can be publicly accessible. You are requested to contact the Provider for requesting our consent to linking www.spisani.art. The Provider grants links to www.spisani.art free of charge and on a non-exclusive basis. The Provider is entitled to object to certain links to its web site in the event that the applicant who intends to activate links to www.spisani.art has, in the past, adopted unfair commercial or business practices which are not generally adopted or accepted by the market operators, or has made unfair competition activities vis-à-vis the Provider or the latter’s suppliers, or when the Provider fears that such practices or such activities might be adopted by the applicant in the future. In any event, it is forbidden to post deep links (such as deep frames) to www.spisani.art or to use unauthorised meta-tags without the Provider’s consent.
- DISCLAIMERS ON CONTENT
The Provider does not warrant that the contents of the web site are appropriate or lawful in other Countries outside Italy. However, in the event that such contents are deemed to be unlawful or illegal in some of these Countries, please do not access this web site and, where you nonetheless choose to access it, we hereby inform you that your use of the services provided by www.spisani.art shall be your exclusive and personal responsibility. The Provider has also adopted measures to ensure that the content of www.spisani.art is accurate and does not contain any incorrect or out-of-date information. However, the Provider cannot be held liable for the accuracy and completeness of the content, except for its liability for tort and gross negligence and as otherwise provided for by the law.
Moreover, the Provider cannot guarantee that the web site will operate continuously, without any interruptions and errors due to the connection to the Internet. In the event of any problem in using our web site please contact our Customer Care by visting our Customer Care area or write to the following e-mail address: email@example.com. A Provider representative will be at your disposal to assist and help you to restore your access to the web site, as far as possible. At the same time, please contact your Internet services provider or check that each device for Internet connection and access to web content is correctly activated, including your Internet browser. The dynamic nature of the Internet and web content may not allow www.spisani.art to operate without any suspensions, interruptions or discontinuity due to updating the web site. The Provider has adopted adequate technical and organisational security measures to protect services on www.spisani.art , integrity of data and electronic communications in order to prevent unauthorised use of or access to data, as well as to prevent risks of dissemination, destruction and loss of data and confidential/non confidential information regarding users of www.spisani.art , and to avoid unauthorised or unlawful access to such data and information.
- OUR BUSINESS POLICY
The Provider has adopted a business policy; its mission consists of selling products through its services and its web site to “consumer” only. “Consumer” shall mean any natural person who is acting on www.spisani.art for purposes which are outside his or her trade, business or professional activity (if any). If you are not a consumer, please do not use our services for purchasing products on www.spisani.art. The Provider shall be entitled to object to the processing of purchase orders from persons other than consumers and to any other purchase order which does not comply with the General Terms and Conditions of Sale and these General Terms and Conditions of Use.
- GOVERNING LAW
These General Terms and Conditions of Use are governed by Italian law.
TERMS AND CONDITIONS OF SALE
- OUR BUSINESS POLICY
1.1 The Vendor offers products for sale on www.spisani.art and its e-commerce business services are available exclusively to its end users, i.e. the “Consumers”.
1.2 “Consumer” shall mean any individual who is acting for purposes which are outside his or her trade, business or profession. If you are not a Consumer, please do not buy any products on www.spisani.art.
1.3 The Vendor reserves the right not to process orders received from users who are not “Consumers” and any other order which does not comply with the Vendor’s business policy.
1.4 These General Terms and Conditions of Sale (together with the documents referred to herein) regulate the offer, transmission and acceptance of purchase orders relating to products on www.spisani.art between the users of www.spisani.art and the Vendor.
1.5 The General Terms and Conditions of Sale do not regulate the supply of services or the sale of products performed by third parties that are on www.spisani.art through links, banners or other hypertext links. Before sending orders and purchasing products and services from those third parties, we recommend that you verify the third party’s terms and conditions, since the Vendor shall under no circumstances be deemed liable for the supply of services provided by third parties or for the execution of e-commerce transactions between the users of www.spisani.art and third parties.
- HOW TO EXECUTE A CONTRACT WITH THE VENDOR
2.1 To place an order for the purchase of one or more products on www.spisani.art, you must fill out the online order form and send it electronically to the Vendor, following the relevant instructions.
2.2 The order form contains a summary of these General Terms and Conditions of Sale, information on the main characteristics of each product ordered and corresponding unit price (including all applicable fees and taxes), the type of payment that you may use in order to purchase each product, shipping terms for the purchased products, shipping and delivery costs and the terms and conditions for returning purchased products.
2.3 An order shall be deemed to have been submitted when the Vendor receives your order form electronically and the order information has been verified as correct.
2.4 Before submitting your order form for the purchase of products, you will be asked to carefully read the General Terms and Conditions of Sale, to print a copy using the print option and to save or reproduce a copy thereof for your own personal use.
2.5 The order form will be filed in our database for the time required to process your order and as provided by law. You may access your order form by clicking on the section called My Order, in the Customer Care area.
2.6 Before submitting the order form, you will be asked to identify and correct possible input errors.
2.7 English is the language used for executing contracts with the Vendor.
2.8 After your order form has been submitted, the Vendor will process your order.
2.9 The Vendor may not process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. In the above cases, we shall inform you by e-mail that the contract has not been executed and that the Vendor has not carried out your purchase order specifying the reasons thereof. If the products displayed on www.spisani.art are no longer available at the time of your last access and once the Vendor has received your order form, the Vendor shall inform you of the unavailability of the ordered products within thirty (30) days from the day after Vendor has received your order. If the order form has been sent and the price has been paid for items that are no longer available, the Vendor will refund the amount paid for those items.
2.10 By submitting an order form to and making a contract with the Vendor, you unconditionally accept and undertake to observe the provisions of these General Terms and Conditions of Sale. Should you not agree with certain provisions of these General Terms and Conditions of Sale, please do not submit your order form for the purchase of products on www.spisani.art.
2.12 Upon submission of an order form, the Vendor shall send you a purchase order receipt e-mail, containing a summary of the information related to the order form (General Terms and Conditions of Sale, the products’ main characteristics, detailed information on the price, terms of payment, return policy and shipping costs).
- GUARANTEES AND PRODUCT PRICE INDICATION
3.1 On www.spisani.art, we only offer products marked with the “SPISANI” trademark. These products are purchased by us directly from Spisani.
3.2 The Vendor does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards.
3.3 The main characteristics of products are shown on www.spisani.art on each product page. The products offered for sale on www.spisani.art may not exactly correspond to the real items in terms of image and colours due to the Internet browser or monitor used.
3.4 Prices are subject to change and will be as quoted on our site from time to time, except in cases of obvious error. Check the final price of sale before sending the relevant order form.
4.1 Payment of the product prices and relevant costs for shipping and delivery must be made by using one of the procedures indicated on the order form.
4.2 In case of payment by Credit/Debit Card, all details (for example, card number or expiration date) will be sent by encrypted protocol to Banca Ayden or other banks which provide remote electronic payment services, without third parties having any access thereto whatsoever. Such details will not be used by the Vendor except for performing the procedure relevant to your purchase or issuing refunds in the case of returns in compliance with the exercise of your return right or for reporting cases of fraud to the police. The price for the purchase of products and the corresponding costs for shipping and delivery, as indicated in the order form, will be charged to your current account only when the purchased products are actually shipped.
- SHIPPING AND DELIVERY OF THE PRODUCTS
The information provided in these sections forms an integral part of these General Terms and Conditions of Sale and, consequently, shall be deemed to be fully read and accepted by you at the time your order form is sent. The vendor shall deliver the products ordered by the customer, via courier at the address indicated, within 30 days of order acceptance. Delivery is usually within 4/5 working days. The delivery times given for the receipt of the goods are approximate.
- CUSTOMER CARE
- CONSUMER RIGHTS AND THE COOLING-OFF PERIOD
7.1 If you are a Consumer, you may cancel your contract with the Vendor in relation to products purchased from www.spisani.art, without any penalty and without specifying the reason, by notifying the Vendor in writing within fourteen (14) calendar days, beginning on the day you receive the products. In this case you will receive a full refund of the price of the products, including standard delivery costs, if any have been paid (but excluding supplementary costs for expedited delivery options, gift wrapping and other additional expenses) in accordance with this Clause 8 and Clause 10 below.
7.2 You should return the products to the Vendor within fourteen (14) calendar days from the date you notify the Vendor of the cancellation, in the same condition in which you received them and at your own expense. You have a legal obligation to take reasonable care of the products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
7.3 To return the products:
- you should notify us in writing within fourteen (14) calendar days, beginning on the day you receive the products (or for purchases of multiple products, the day on which you received the last product) by completing and submitting the onlineReturn Form or by Contacting Us. You should keep a record of your cancellation notice;
- the products should not have been used.
- the products should be returned in their original packaging;
- products should be returned to the Vendor within fourteen (14) calendar days of the date you notify us of your decision to cancel;
- the products should not be damaged.
7.4 If you cancel the contract within the fourteen (14) calendar day cooling-off period pursuant to this Clause 7, we will process the refund due to you as soon as possible and, in any event within:
(a) in case we collect the products from you through our approved courier, fourteen (14) calendar days of the day on which you gave notice of your cancellation; or
(b) in case you return the products yourself, fourteen (14) calendar days of the day we receive the returned products or, if earlier, proof of postage from you evidencing that you have sent the products back, within such time.
The Vendor will refund the price of the product in full, including standard delivery costs, if any have been paid (but excluding supplementary costs for expedited delivery options, gift wrapping and other additional expenses). You will be responsible for the cost of returning the products to us, provided that the reason for the return is not because of an error on our part or because the item is faulty or defective. You may be liable for, and we may deduct from any refund due to you, any diminution to the value of the returned products caused by your handling of the products, save to the extent necessary to ascertain the characteristics, functions or nature of the products. Other than as set out herein, you will not incur any fees as a result of your request for reimbursement.
7.5 You can return the products to the Vendor either by:
a. the approved courier (as indicated on the online Return Form) via the pre-paid, personalized return label enclosed in your original order, and the Vendor shall deduct from your refund the cost of return postage; or
b. by packaging the relevant products securely and sending, at your own risk and cost, them to the Vendor at your own risk and cost, using your return number (as provided via the online Return Form). For your protection, we recommend that you use a courier service if you choose to return the goods other than via the pre-paid mechanism and approved courier as detailed at clause 7.5(a).
7.6 The cancellation right set out in this section 7 does not apply to:
(a) products which are made to your specifications or clearly personalized; or
(b) products which have become inseparably mixed with other items after delivery.
- ITEMS RETURNED BECAUSE THEY ARE DAMAGED, DEFECTIVE OR INCORRECT
8.1 If you are returning a product because of an error on our part or because it is damaged or defective, we will refund the delivery charges incurred in sending the item to you and pay your costs of returning it to us (either via a pre-paid return label using the Vendor’s approved courier (as indicated on the Return Form), or by refunding your return postage costs). This right is additional to your statutory right to cancel as set out in section 8.
8.2 You must notify the Vendor of an error in respect of the products delivered or of a damaged or defective product within fourteen (14) calendar days of receipt, if a product becomes faulty after the fourteen (14) calendar days please contact Customer Care to obtain further returns information. You must return the products in the same condition in which you received them. You have a legal obligation to take reasonable care of the products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
8.3 To return the products:
a. you should notify us in writing as soon as possible and in any event within fourteen (14) calendar days, by completing and submitting the online Return Form. You should keep a record of your cancellation notice;
b. the products should not been used;
c. the products should be returned, complete and unused, with their original packaging (the packaging should include its original seal; if you want to return a kit, it should include all of its components);
d. the products should be returned to the Vendor within fourteen (14) calendar days following notification to the Vendor of the damaged or defective product or of the Vendor’s error;
e. the products should not have been or damaged;
8.4 The Vendor will examine all products returned as damaged or defective and will notify you of your refund via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any event, within fourteen (14) days of the day we confirm to you via e-mail that you are entitled to a refund for the damaged or defective product. Subject to acceptance by the Vendor of the damaged or defective goods, products returned by you because they are damaged or defective will be refunded in full, including the cost of delivery for sending the item to you and the cost incurred by you in returning the item to the Vendor. In the event that the Vendor finds no fault with the returned products, you will be notified that the returned products cannot be accepted and you may elect to have the products re-delivered to you. If you do not accept re-delivery the Vendor reserves the right to retain the products and the purchase price and recover the Vendor’s fees and expenses from you.
8.5 If the recipient of the products indicated in the order form is different from the individual who made the payment for such products, the amount paid for returned items shall be refunded by the Vendor to the individual who made the payment.
8.6 The value date for the credit shall be the same as the value date of the original debit and consequently you shall not suffer interest losses.
8.7 We will usually refund any money received from you using the same method originally used by you to pay for the purchase, unless you have expressly agreed otherwise.
8.8 The Vendor will refund the price of the products in accordance with the applicable time frame as specified in clause 7 or 8 above. To the extent permitted by applicable law, the Vendor shall not be responsible for any delay that is beyond its control including for delays caused by the method of purchase or refund, including by way of example:
a. delay caused by Credit Card/Debit Card companies refund policies;
b. payment by PayPal (where available): refunds will be credited to your PayPal account and will be visible immediately. Reimbursement time to the credit card associated with your PayPal account depends on the company that issued the card;
c. payment made by cash on delivery: you will be refunded the amount you paid for the products returned to the Bank account you indicate in the Return Form. Please remember it is necessary to have a Bank account in order to receive a refund for Cash on Delivery orders.
9.2 You are advised to read, if you haven’t already done so, our General Terms and Conditions of Use which also contain important information on how we process the personal data of our users and on the security systems of www.spisani.art.
- GOVERNING LAW
These General Terms and Conditions of Sale are governed by Italian law and in particular by Italian legislative decree no. 206 of 6 September 2005 on distance contracts and by Italian legislative decree no. 70 of 9 April 2003 on certain aspects related to e-commerce.
- AMENDMENTS AND UPDATES
The General Terms and Conditions of Sale may be amended from time to time due to new laws and regulations or other reasons. The new General Terms and Conditions of Sale shall be effective as of the date of publication on www.spisani.art.