Terms and Conditions: Sparco, Official supplier of your passion

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  1. Definitions
    The terms and expressions listed hereafter have the meaning specified herein, while it is understood that the terms defined in the singular shall be understood to have the same meaning also in the plural, and vice versa.
    • Client: means any party (physical or corporate individual) that purchases one or more products through the Online Store, accepting the General Conditions.
    • General Conditions: means these general conditions of sale and any future new versions that may be published by the Sparco website.
    • Order Confirmation: means the e-mail message with which Sparco informs the customer that it accepts the orders.
    • Contract of sale: means the contracts of sale for the products as stipulated, pursuant to art. 3, between Sparco and the customers through the Online Store.
    • Orders: means the purchase orders for the products sent by the customers, in accordance with the General Conditions and following the procedure detailed in art. 6.
    • Parties: means Sparco and the customer, jointly.
    • Price: means the price of sale of the products as indicated in the Online Store next to the products themselves.
    • Products: means the products published in the Online Store for the purpose of sale.
    • Profile: means the area of the Online Store in which customers can, after being authenticated: (I) examine and amend their personal data and the addresses where the products ordered have to be shipped and delivered; (ii) inspect previous orders; (iii) access every other specific function relative to their activity in the Online Store.
    • On Line Store: means the internet website, accessible via the website www.sparco.it through which it is possible to purchase the products.
    • Sparco: means Sparco S.p.A., with main office in Volpiano (Turin), at via Leinì 524, listed in the Register of Companies of Turin, tax ID code and registration number 13122640157, Economic Administrative Index no. TO 992380.
  2. Subject
    1. The General Conditions apply to all sales contracts and are an integral part thereof.
    2. Sparco reserves the right to amend the General Conditions at any time, while the general conditions published in the Online Store at the time the customer submits the order will remain applicable to that order.
    3. In case of conflict between the General Conditions and any other terms and conditions relative to the contracts of sale published in the Online Store, the terms and conditions more favorable to the customer shall prevail.
  3. Stipulation of sale contracts
    1. Sparco undertakes to send customers an order confirmation within 2 (two) working days of receipt of their orders.
    2. Sale contracts are understood as stipulated between the parties when the customers receive the order confirmations. If a customer does not receive an order confirmation within the term indicated in art. 3.1 The order shall be understood as not accepted by Sparco and therefore null and void.
    3. By sending their orders, customers confirm that they have read all the instructions concerning the mode of purchase of the products as detailed in art. 6 and that they fully accept the General Conditions and have also read all the information provided in the Online Store, including any links cited.
    4. Orders will be filed in the Online Store’s data bank in the manners and in respect of the provisions of Legislative Decree no. 196 of 30.06.2003 (“Privacy”) and will be accessible through Sparco at the contacts indicated in art. 16 or on the profile.
  4. Product availability
    1. Without prejudice to the terms of art. 4.6, alongside each product published in the Online Store, Sparco S.p.A. indicates whether it is:
      1. in stock;
      2. not in stock;
      3. available “on request”;
      4. “customizable”.
    2. The types of products published in the Online Store and their availability may change at any time without Sparco S.p.A. having any liability toward the customers.
    3. The information relative to product availability is not binding, however products indicated as “not available” pursuant to art. 4.1 (ii) may not be ordered by customers. If a product becomes unavailable at the time the customer sends an order, Sparco S.p.A., without prejudice to the terms of art. 3.2, undertakes to inform the customer via email approximately when it expects the product to become available again. The customer may cancel the order within 48 hours of receive of this notice from Sparco S.p.A. (aside from the right to cancel pursuant to art. 9) by sending an email to the address indicated in art. 16. In this case Sparco S.p.A. undertakes to reimburse the price in the shortest possible time.
    4. If a product is indicated as available “on request” it means that the product is not in stock but that Sparco S.p.A. will order it for the customer, after receiving the order.
    5. If a product is indicated as “customizable” it means that the product can be altered/adapted/customized to the customer’s specific requests. In that case, the customers should specify their requirements in the appropriate spaces at the time of sending their orders. After sending the order confirmation, Sparco S.p.A. undertakes to inform the customer via email of the term for shipment of the customized product. While Sparco S.p.A. will to everything in its power to ensure respect of that term, it is to be understood as merely indicative and not binding on Sparco S.p.A.;
    6. Sparco S.p.A. reserves the right not to indicate product availability or the availability of certain products published in the Online Store.
  5. Price and shipping costs, taxes and customs duties
    1. The price is expressed in € (Euro). The price applicable is the one published in the Online Store at the time the customer sends the order.
    2. The price is understood as inclusive of VAT (22%) if the products are shipped by Sparco and delivered in the European Union. If the products are shipped by Sparco and delivered outside the European Union, the price shall be understood as net of VAT.
    3. The price does not include shipping costs. Sparco reserves the right to request a contribution from the customer for shipping costs, which may vary depending on the type of delivery, the quantity of products to be shipped, their volume, weight and destination.
    4. The contribution requested by Sparco for shipping costs is indicated separately from the price, before the customer sends the order, and will be paid by the customer with and at the same time as the price as described in art. 7.
    5. Any taxes, import duties, customs duties and other costs required by the laws of the country when the products are shipped and delivered will be entirely for the customer’s account and will be paid at the time of delivery of the products directly to the fiscal or customs authorities requiring them or to the courier appointed to make the delivery.
  6. Mode of sending orders
    1. In order to send their orders, customers are required to register in the Online Store, entering all the “mandatory” data and choosing a password to send the orders and access their profile later on.
    2. Customers may purchase products, selecting them in the Online Store devoted to the type of product they seek and placing it in their “shopping cart”. If a customer intends to purchase more than one product, the procedure must be repeated by clicking on “add more products”. After selecting the products, customers have to register, if they have not already done so, as described in art. 6.1 or, if already registered, they have to be authenticated by entering the e-mail address and password and clicking on “proceed to checkout”. After verifying that all the data relative to the products chosen and other information are correct, customers will select the mode of payment as described in art. 7. After choosing the mode of payment, customers can send their orders by clicking on “send”. Sending the order requires them to pay the price in the manner chosen as described hereafter in art. 7.
  7. Modes of payment
    1. Customers can pay the price and contribution to the shipping costs as described in art. 5 by credit card, postal money order, PayPal, bank transfer or other means of payment which Sparco may indicate in the Online Store. Sparco reserves the right to change the means of payment available to the customers at any time, while those published in the Online Store at the time of sending the order will remain usable by the customer in any case.
    2. In case of payment by credit card, the charge to the customer of the price and contribution for shipping pursuant to art. 5 will be made after verifying the credit card data and receiving authorization for the charge from the credit card company used by the customers, at the time that Sparco sends the order confirmation. The credit card data sent at the time of placing the order are protected and are sent directly to the bank that management the payments. The payment is made directly on a secure server with SSL encryption key so as to guarantee the absolute secrecy of the transaction. The credit card data are not accessible by Sparco or any other third party either at the time of sending the orders or at any subsequent time.
    3. In case of payment via bank transfer, customers make the transfer to the bank data indicated in the Online Store, indicating as cause of payment the order number (inclusive of the initial letters) communicated by Sparco at the time of sending the order by the client and sending the order confirmation.
    4. In case of payment via PayPal, at the time the customer sends the order, the web session will be transferred to the secure website of PayPal. On this website, customers can complete the payment of the price and contribution for shipping costs pursuant to art. 5 using their PayPal account and at the conditions of the PayPal service subscribed to by the customers at the time or previously. The charge of the price and contribution for shipping costs pursuant to art. 5 on the customer’s PayPal account takes place simultaneously with the transmission of the order confirmation by Sparco.
    5. If requested by the customers at the time of sending their orders, Sparco will send the customer a regular invoice via e-mail or postal service. For the purpose of issuing the invoice, the information provided by the customer will be used. No changes will be possible to the invoice after Sparco has issued it.
    6. The information received by Sparco pursuant to art. 7 of these Conditions of Sale will be used exclusively to complete the procedures relative to the sale of the products and for the procedures of repayment if customers exercise their right to cancel pursuant to art. 9.
  8. Shipment and delivery of products
    1. By “shipment” of the products by Sparco is meant their delivery to the couriers appointed in each case pursuant to art. 8.2. Sparco is not required to ship the products until it has received payment of the price. After receiving payment of the price, Sparco undertakes to ship the products within 3 (three) working days from the time in which they become available at the Sparco warehouses.
    2. Sparco guarantees shipment of the products to the countries indicated in the Online Store, by the express courier appointed in each case depending on the product ordered and place of delivery. Products are shipped by Sparco, and delivered by the courier appointed by Sparco, to the address indicated by the customers at the time of registration pursuant to art. 6.1 or to the different address indicated at the time of sending the order.
    3. Sparco undertakes to do everything in its power to ensure that the products shipped pursuant to art. 8.1 and 8.2 are delivered by the couriers appointed:
      • in Italy within 48 (forty-eight) hours of the date of shipment;
      • outside Italy within 10 (ten) days of the date of shipment.
    4. The terms of delivery pursuant to art. 8.3 may not, in any case, be considered binding, and Sparco, which does not control product delivery directly, once they have been turned over to the courier, may not be held in any way liable for failure to comply with them. Nonetheless, if the products are not delivered within the term of 30 days from stipulation of the contract of sale, the customer, qualifiable as a “consumer” pursuant to art. 9.1 hereafter, may invite Sparco to make delivery within an appropriate additional term; failure to comply with this later delivery term will give the customer the right to cancel the contract of sale, with prompt reimbursement of the price by Sparco.
    5. In order to enable customers to follow the status of their orders, Sparco generates an order number which, when entered in the section “My Orders” – accessible from all screens of the Online Store – allows them to read all the information relative to their orders.
    6. Customers can also ascertain the status of orders thanks to the online “Order Tracking” function provided by the courier chosen by Sparco for the delivery. This information can be found by the customers only after products have been shipped, using the data for tracing communicated by Sparco via e-mail or checking the profile.
    7. Customers, or others appointed by the customers at the address indicated for delivery of the products in the order confirmation, are required to ascertain, at the time of delivery:(i) that the product are as indicated in the shipping document (DDT) as regards number and type;(ii) that the packing or the products is intact, not damaged, wet or altered in any other way, also as regards the wrappings.
    8. Any damage to the packing/wrapping of products must be pointed out immediately by customers, making a reservation to inspect the goods on the delivery received signed for the courier. It is understood that after signing the delivery receipt without reservation, customers may not make any further objection to Sparco with reference to the external aspect of the goods delivered.
    9. Products may be delivered by the couriers only to the customers or persons authorized by them. The person to whom the products are delivered must sign the delivery receipt. Couriers may not make deliveries to post office boxes or by placing the products in mailboxes or other similar places.
  9. Cancellation right
    1. If the customer is a “consumer” (i.e. a physical person acting for reasons other than the entrepreneurial, trade, artisanal or professional activity in which said customer may engage) the customer has the right to cancel the order, pursuant to and by the effects of art. 64 of Legislative Decree no. 206/2005, within 30 days of receipt of the products for which the contract was stipulated. The right to cancellation must be exercised by the customers by sending Sparco: (i) the cancellation form provided in Annex A to these General Conditions of Sale, duly completed and signed; or (ii) written notice via e-mail to the address provided in art. 16., containing: (a) the expression of intent to take advantage of the cancellation right; (b) the indication of the order that has given rise to the Sale Contract to be cancelled.
    2. In case of exercise by the customers of the cancellation right pursuant to this art. 9: (i) the customers undertake to return the products within 14 working days of the date of notice of cancellation pursuant to art. 9.1 (ii) all costs connected with return of the products are entirely for the customer’s account; (iii) Sparco undertakes to reimburse the price in the shortest possible time and, in any case, within 14 days of the date of receipt of notice of cancellation pursuant to art. 9.1, on condition that: (a) the customer can provide suitable proof of having shipped the products intact in the original package/wrapping, with any accessories and/or instruction manuals; (b) alternatively, the products have been returned as indicated in item (a); (iv) Sparco will proceed to reimburse the price using the same method as the customer used to pay it and may, in this case, ask the customers to provide their bank data (IBAN and name of the holder of the current account).
    3. If a customer exercises the cancellation right in a manner not in accordance with the modes and terms of art. 9, the customer will not have the right to repayment of the price.
    4. Instead of exercising the cancellation right pursuant to art. 9, customers who are “consumers” (according to the definition in art. 9.1) may opt for a “product change” in the manner and terms specified in the Online Store.
  10. Flaws and non-conformity of products
    1. Sparco is liable for any defect of conformity present at the time of delivery of the products. Pursuant to law, in particular article 128 and thereafter of Legislative Decree no. 205/2006, the customer will have the right to correction of the defect at no expense by repair or replacement or, if this is not possible, to the reduction of the purchase price or termination of the contract. Sparco therefore answers for defects of conformity of these are discovered within two years of the date of delivery of the goods. The customer is responsible, however, for reporting the defect of conformity within two months of discovering it.
    2. Claims for damaged shipments or thefts shall be communicated by the customer to the courier before accepting the goods. Requests of credit for damages and/or theft will not be considered if the customer does not enter a reservation on the courier’s delivery receipt.
  11. Product liability
    1. Sparco is the producer of the products and is liable for any damage caused by defects in the products.
  12. Privacy
    1. Sparco declares and guarantees that the customers’ personal data will be handled in accordance with the provisions of Legislative Decree no. 196/03, and its subsequent amendments. The details relative to the modes of use of the data are communicated to the customers at the time of registering pursuant to art. 6.1 or 6.2.
  13. Errors and/or inaccuracies in the Online Store
    1. Sparco undertakes to check the Online Store constantly to prevent errors or inaccuracies. However it is possible that the Online Store may contain, or may at some time contain, error, inaccuracies or omissions.
    2. Sparco therefore reserves the right to correct any such errors, inaccuracies or omissions in the Online Store, even after an order has been sent, and also reserves the right to amend or update the information at any time without notice.
  14. Intellectual property
    1. All intellectual property rights connected with the Online Store (including the content) are the exclusive property of Sparco S.p.A.; the Online Store and its content may not be reproduced, wholly or in part, transferred by electronic or conventional means, amended, connected or used for any purpose without the prior written consent of Sparco.
  15. Logo Use
    To be allowed to use a trade-mark, slogan, company name, image ("Logo"), it is mandatory to own its intellectual property rights. By up-loading the Logo on Sparco's server you confirm the following:
    1. you are authorized to use the Logo for commercial purposes;
    2. you acknowledge that Sparco is not responsible for the requested use of the Logo, neither in violation of any current Law protecting intellectual properties nor in violation of the specific Logo itself and/or of any eventual right on the Logo which might be claimed by its owner or third parties;
    3. to be aware that the unlicensed use of third parties owned logo is punished by law with purposely established fines
    In any case, Sparco will not held responsible for the requested use of Logo against any Law regulation. Sparco will neither be responsible for whatsoever violation of the Logo intellectual rights nor of the rules referring specifically to the use of Logo.
  16. Applicable law
    1. The General Conditions and Sale Contracts are regulated by Italian law (and in particular in accordance with Legislative Decree no. 206 of 6/09/2005 – which in the articles from 50 to 67 covers contracts stipulated at a distance – and its subsequent amendments, and by Legislative Decree no.70 of 9/04/2003 on the subject of e-commerce) and shall be interpreted in the light of these laws.
    2. Any dispute that may arise in connection with the General Conditions and/or Sale Contracts will be deferred exclusively (i) if the customer is a “consumer” according to the definition in art. 9.1, to the Bar of the customers place of residence or address of the customer, if in Italy; (ii) in all other cases, to the Turin Bar.
  17. Contacts
    For more information and assistance in the Online Store or on the modes of shopping in the Online Store, or about Sale Contracts, customers can contact Sparco’s Customer Service department via phone, e-mail, fax or letter at the following addresses:
    Sparco S.p.A. – Via Leinì 524 – 10088 Volpiano (To) Italy
    Tel. +39 011 2240911 fax +39 011 2240900
    e-mail: info@sparco.it