B2B Terms of Use

Welcome on our website spivach.it (“The Site”).
The access to and use, as well as the purchase of products on The Site are based on the assumption that these B2B Terms of Use have been read, understood and accepted by you.
The Site is managed and maintained by Spivach & Spivach Snc di S. Spivach e C. with registered office in Italy at Piazzetta Antonini 6, 33100, Udine, Economic Administrative Index UD - 155990, Business Registry of Udine, Tax Code and VAT 01019490307, EU VAT Code IT01019490307.

These B2B Terms of Use are governed by the rules on electronic commerce (Legislative Decree no. 70/2003) and by Italian law and apply exclusively to Internet sales (Online Sale), where the purchaser is a person who buys for business or professional reasons and not for personal reasons, as defined in art. 1 letter b) of this Contract.
Spivach & Spivach Snc is willing to provide, also by telephone, to Customers as defined below, any clarification regarding the content of these B2B Terms of Use.


1. Definitions
The following definitions apply to these B2B Terms of Use:
a. Seller is Spivach & Spivach Snc
b. Customer is any natural or legal person acting on its own behalf or in the name and on behalf of a company, body, association, freelancer in possession of a regular VAT number.
c. B2B Terms of Use are the rules that govern the sales contract stipulated by the Seller and the Customer through the use of the spivach.it Web Site
d. Contract are these B2B Terms of Use.
e. Site or Website means the spivach.it Website belonging to the Seller, where the Customer can make purchases online.
f. Purchase order means the purchase order sent by the Customer through the use of the Seller's Site referring to one or more products, through the use of the order procedure indicated on the Site and in art. 5 of this contract.
g. Order confirmation is the message sent by e-mail by the Seller with which it informs the Customer of the acceptance of the Purchase Order.
h. Product or Products are the products described on the Site that can be purchased by the Customer.


2. Object of the contract
a. Online sale. These B2B Terms of Use apply to all Orders relating to the purchase of Products through the use of the Site made by Customers, as defined above in art. 1 letter b).
b. The object of the contract is the purchase and sale of products that the Seller offers for sale on the Site.


3. Products
a. Products Description. For each Product it is possible to view an information sheet with one or more images and the characteristics of the product.
b. Product information may be subject to improvement over time, without this constituting an element of dispute.
c. The Seller may delete and/or replace the products described on the Site at any time and without notice.


4. Prices
a. The prices of the Products included in the information sheets are expressed in Euro and are net of VAT, unless otherwise indicated.
b. Product price variation. The prices of the products published on the Site may be updated and therefore may be subject to change. The Customer will purchase the products at the price published on the Site when the order is sent. Variations do not constitute an element of dispute.
c. Promotions. The Seller reserves the right to make different promotions depending, for example, on the categories of products, the products themselves, seasonality, customer profiling, etc..
d. Shipping and payment costs. The prices of the products indicated in the information sheets do not include shipping costs and those related to the chosen method of payment, which are identified and calculated according to the place of delivery and the method of payment chosen at the time of the order, which the Customer takes note of before placing the order. Unless otherwise indicated, the shipping costs of the products and the costs related to the method of payment are entirely borne by the Customer.
e. Variation of prices and shipping costs depending on the country of delivery. The price of the Products and shipping costs may vary depending on the country of delivery of the Products, due to different duties or customs duties and different transport costs.


5. Purchase order
a. Registration on the Site. In order to proceed with the purchase of one or more products, the Customer must register on the Site and provide the Seller with all the data necessary to allow him/her to execute the Order. The data will be processed in accordance with EU Regulation 2016/679 (so-called GDPR, General Data Protection Regulation), concerning the protection of personal data. The Seller may request a chamber of commerce inspection or other equivalent document in order to determine the exact identity of the Customer. The Seller will promptly send an e-mail to the Customer upon receipt of the Customer's data, the content of which will indicate the authentication procedure, in order to allow him/her access to the Site in the part intended for online purchases, containing the access data (the password chosen by the Customer cannot be known by the Seller).
b. Formulation of the Order. Purchase orders must be made exclusively online through the order procedure on the Site, exclusively by Customers as defined above in art. 1 letter b). The Customer can select the products to be purchased by inserting them in the "Virtual Shopping Cart", of which he will always be able to view the contents before placing the order. During the order formulation phase until the order is placed, the Customer may modify the data entered.
c. Acceptance of the B2B Terms of Use. By sending the order and paying at the same time, the Customer declares to have read and accept the B2B Terms of Use indicated on the Site and declares to have read all the information provided during the purchase procedure.
d. Order Confirmation. The Seller received the order will automatically send an e-mail to the e-mail account communicated by the Customer, containing the confirmation of receipt of the Order. The Order Confirmation will summarize the products chosen by the Customer, the relative prices (including delivery costs), the order number.
e. Products unavailability. The Seller does not guarantee the complete availability of the products included in the information sheets on the Site. If the products are not available, the Seller will inform the Customer by e-mail and propose an alternative product. If it is impossible to deliver the products ordered, the Customer has the right to a full refund of the sums paid.
f. Conclusion of the Contract. The Contract will be considered concluded only when the Seller sends the Customer a separate e-mail with the express acceptance of the purchase proposal, which will also contain information regarding the shipment of the Product and the expected delivery date ("Shipment Confirmation”). In case the order is processed through several shipments, the Customer will receive separate Shipping Confirmations. The Customer may cancel the order before receiving the Shipment Confirmation.


6. Order payment
a. Methods of payment. The customer who purchases will have to pay in advance using one of the following methods: credit card, bank transfer.
b. Payment by credit card. Payment by credit card must be made according to the methods indicated on the Site and the credit cards accepted by the Seller are: Visa, Visa Electron, MasterCard and Maestro. The Customer, indicating as a method of payment the credit card authorises the Seller to use his credit card and to debit the amount of the expense incurred. The security of online transactions is guaranteed through the TLS protocol with the use of an algorithm and the generation of a unique control code for each transaction.
c. Payment by bank transfer. The payment by bank transfer postpones the execution of the contract at the moment of the actual crediting in the Seller's bank account. The Customer will receive an email with the Seller's bank details on which to make the payment; in the reason for payment, he must enter the company name and order number.
d. Time of payment. The Customer shall pay in full the price of the Products ordered, including transport costs and costs relating to the payment method chosen, after the Order has been placed. In case of payment by bank transfer, the Customer shall pay within 2 (two) working days from receipt of the "Shipment Confirmation" in which will be indicated the bank details on which to make the payment. In case of non-payment, the Seller will not ship the Products until full payment has been received.
e. Issue of invoices. The Seller will issue the invoice and this will be attached to the Products delivered and/or sent also in electronic format, to the e-mail address communicated by the Customer with the Shipment Confirmation. No changes to the tax documents may be made after the issue of the same. The invoices will be available in PDF format in the "my account" section of the Site.
f. Reservation of title. The Products remain the property of the Seller until full payment of the same including shipping costs and the chosen method of payment. The Customer undertakes to refrain from any behaviour or acts that may prevent the Seller from exercising the right of retention of title. Should the Customer prevent the Seller from exercising the right of retention of title, he shall have the right to revoke with immediate effect all orders accepted and not yet executed with the shipment of the Products.


7. Delivery of Products
a. Shipping terms and conditions. Orders are shipped by express couriers that guarantee delivery within 24/48 hours. Delivery is made by the courier on the ground floor unless otherwise agreed between the Seller and the Customer. The customer is responsible for the customs clearance of the products and any and all ancillary operations connected to it as well as the payment of customs duties and taxes. The Seller shall pack the Products for shipment in the form deemed most appropriate and shall not be liable for any damage, breakage, tampering and shortages that may occur after leaving its warehouses. Any complaints or disputes arising from or connected to the transport and/or complementary and/or subsequent operations must be made exclusively by the Customer to the carrier or any third party responsible. The Seller is exonerated from any liability in case of loss and damage of the products caused by transport or inaccurate handling.
b. Failure to collect the Products. If it is not possible to complete the delivery due to the Customer's absence at the address indicated, the courier will leave a notice or contact the Customer by telephone to arrange a second delivery or to collect the goods from one of the nearest branches of the Courier.
c. Non-delivery or delayed delivery due to force majeure. The Seller is not responsible for non-delivery or delayed delivery due to force majeure such as, by way of example, but not limited to: strikes, public authority measures, rationing or shortage of energy or raw materials, transport difficulties, fires, floods, earthquakes, floods, wars, insurrections. The Seller shall promptly notify the Customer of the occurrence and the disappearance of a cause of force majeure.
d. Instructions for picking up the goods. Upon receipt of the material and before signing the document to the Courier who delivers the goods, the Customer is required to check carefully that the number of packages delivered is consistent with those mentioned on the transport document. The Customer is also required to check the physical condition of the parcels by checking that they have not been tampered with and/or damaged. For any problem found, the Customer will put the wording ACCEPTED WITH RESERVE by entering the reason directly on the delivery document (for example: missing parcel, broken parcel, tampered with, etc.). Omitting this procedure, the Consumer Customer has no right to claim damages from the carrier.


8. Guarantees
a. Supply vices. The Customer shall report the existence of defects in the supply within 5 days from the date of delivery of the items, by registered letter addressed to Spivach & Spivach Snc - Piazzetta Antonini 6 - 33100 Udine. After this deadline the articles are considered accepted. They are included among the supply defects of products that do not comply with the order sent. In any case, the Customer shall send the goods deemed not in conformity to Spivach & Spivach Snc - Piazzetta Antonini 6 - 33100 Udine. A subsequent check by the Seller will determine whether the goods can be returned. If non-conformities are found, the Seller undertakes to agree with the Customer the modalities of a new supply of the same amount or, if necessary, the refund for the defective goods which will be made using the same means of payment used by the Customer at the time of payment of the order. In the event that the Seller does not find any imperfections such as to justify the complaint, the goods shall remain at the Seller's premises pending collection by the Customer.
b. Right of withdrawal. The right of withdrawal is not permitted for professional clients. In any case, pursuant to and for the purposes of art. 59 paragraph 1 letter c) of Legislative Decree 21/2014, the right of withdrawal is not applicable for the supply of tailor-made or clearly customised products.
c. Applicable law. The sales contract between the Seller and the Customer is concluded in Italy and is governed by Italian law.