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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 Terms and Conditions 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.
Sales Conditions
The online sales system, which assumes active customer intervention, has been implemented in full compliance with the rules on distance selling, and, in particular, art. 49 et seq. of the Consumer Code (Legislative Decree No. 206 of September 6, 2005 and the subsequent amendments and additions). The use of the distance selling process described in these General Sales Conditions is reserved exclusively for consumers as defined in Art. 3 of Legislative Decree 206 of September 6, 2005 and only if the products are delivered to the Italian territory (hereinafter defined for brevity as the "Customer" or "Customers").
1. Field of Application
These general terms of sale are applicable to all product sales, completed remotely through spivach.it site. These general distance selling terms and conditions must be thoroughly examined by the Customer prior to the completion of the remote purchase process for the aforementioned product. It is understood that placing a purchase order through the spivach.it site implies total and absolute knowledge of these general terms of sale and their full acceptance: the Customer, by placing the purchase order through the spivach.it site, unconditionally accepts and agrees to observe, in its relations with Spivach, these general terms of sale as well as the payment terms shown below, stating that he/she has read and accepted all the information provided. Any derogations to these general conditions will only be effective if agreed upon in writing between the parties. These general terms and conditions of sale are to be considered applicable and effective as long as they are published on the spivach.it website. Any changes to these general sales conditions will be published on the site and the new general sales conditions will only apply to orders made from the day of their publication.
2. Seller Identification
Spivach & Spivach Snc di S. Spivach e C. with registered office in Italy at Piazzetta Antonini 6, 33100, Udine, Tel. +39 0432 504838, Email info@spivach.it, Pec spivach@legalmail.it, Economic Administrative Index UD - 155990, Business Registry of Udine, Tax Code and VAT 01019490307, EU VAT Code IT01019490307 (hereinafter “Spivach”, “noi”)
3. Information on the Product
Information about the products that can be sold remotely through the spivach.it site is provided in accordance with applicable laws and, in particular, Articles 49 and 51 of the Consumer Code.
4. Product Orders and Signing the Contract
The presentation of the products on the site is an invitation to tender.
The order can be made through the spivach.it website by selecting any image of the product presented and in any case following the steps and instructions specified on the site. In order to make any changes and/or corrections to the order, the Customer shall follow the instructions contained on the Site.
The amount of an individual order cannot exceed the sum of €10,000 total.
The order will be sent by clicking on the "Buy Now" button and will be stored in the Spivach database for the period of time set forth by the current legislation.
The order will then be considered a contractual purchase proposal. Upon receipt of the order, Spivach will send the Customer an email containing the order number and information about the ordered products, the price of each product, the shipping address as well as the payment methods and the delivery times. This email does not constitute acceptance of the Customer's Purchase Proposal, and serves only as confirmation that the order has been received. Upon receipt of Customer's order, Spivach will verify the availability of the ordered products as well as the accuracy of the information provided by the Customer.
The sales agreement with Spivach will only be completed by sending a separate email of acceptance for the purchase proposal and/or dispatch confirmation of the ordered products.
The Customer's order may be refused in the event of an error in the information provided by the customer if the available products are out of stock, if insufficient solvency warranties are detected, if the order does not meet the normal need for consumption (a requirement that applies either to the number of products purchased within a single order or to a plurality of orders pertaining to the same product, even if each order comprises a quantity of products corresponding to normal needs of consumption), or due to cases of force majeure.
If the order cannot be accepted, Spivach will communicate within 10 days following receipt of the order the impossibility of processing the order, which will be followed by the immediate release of the payment amount.
5. Product Price
The price of the product published on the site relates to the single item, expressed in Euros and including VAT. Spivach will pay all taxes, duties, charges and/or shipping costs.
6. Payment Conditions
Customer payment via Braintree platform (a Paypalgroup company), can only be made by credit card or active PayPal account. The following credit cards are accepted:
- Visa/Visa Electron;
- Mastercard;
- American Express;
- Maestro International.
The total amount of the order is committed to the Customer’s credit card or PayPal account upon forwarding of the order to Spivach (when the Customer selects "Buy Now"), with simultaneous acceptance by Spivach pursuant to art. 4, and initiation of procedures to prepare the products for shipping. In order to prevent online fraud, payments made through the spivach.it website are managed online by the bank managing the Customer's credit card through the tools offered by Braintree and PayPal. Braintree, PayPal and their affiliated companies are responsible for the automatic retention and processing in a secure environment of the information pertaining to each order, including details of the credit card used.
For payment, the Customer must:
- in the case of credit card payment via Braintree, confirm on spivach.it the cardholder data used for the purchase; then enter the 16-digit number and expiration date on the same site as well as the relevant security code;
- in the case of PayPal payment, enter the access information on the PayPal page to which you will be automatically redirected, then complete the payment as indicated by the service administrator.
During purchase, Spivach will save an acknowledgement code associated with the Customer's PayPal account, which authorises the exclusive use of future purchases, or the return of goods already purchased to avoid entering their PayPal access data again.
It is possible to revoke the aforementioned authorisation at any time from within your account or by making an express request to the Customer Service (info@spivach.it) or directly from the Customer's PayPal account. PayPal may require the Customer to re-enter their login credentials if there is suspicion of unauthorised activity linked to the use of the PayPal account.
The conclusion of the order process will be considered effective after the completion of payment transactions once the customer is redirected to the spivach.it website, confirming acceptance of the order.
In the event that the charge is not accepted due to incorrect data entry by the Customer or for other technical causes which will be communicated to the Customer by the Payment Service Provider, the Customer will not be able to use "Buy Now"; if the Customer decides to leave the payment page in the manner indicated by the service administrator, the Customer will be redirected to “The Site”, which will inform him that the order cannot be completed.
7. Delivery
Delivery of the products is carried out at the address indicated by the Customer, only after regular payment of the order sent to Spivach. The Customer cannot ask for delivery of products to PO boxes and/or similar. In compliance with the provision contained in art. 61 of the Consumer Code, Spivach will deliver the products within and not more than 30 days from the day the Customer sent the order. If the recipient or other person authorised to receive the shipment at the time of the delivery attempt is not available, the express courier will issue a written notice containing details of the delivery attempt and the codes and contact details that allow you to set the next delivery appointment with the courier. If the courier does not receive different instructions from the customer, he will make two further attempts for delivery, which, if ineffective, will result in the shelving of the shipment for 5 days. Apart from shelving, Spivach will contact the Customer using the contact details given at the time of the purchase procedure in order to ascertain and resolve the issues involved. In the event of a failure to respond or to agree to a delivery within the aforementioned 5 days, the order will be returned to the warehouse, the Customer will be informed by email and the relative payment will be refunded at the same time.
In the further case where the delivery of the product(s) to the Customer does not take place within 6 business days after the date of shipment, as communicated to the Customer by Spivach, and the site tracking is impossible at the place where the goods are located through the online system that will be made available to the Customer, the Customer must notify Spivach of the non-delivery of the product(s) via the "Contacts" page within the Customer Service area of the spivach.it site. Spivach agrees to guarantee the new shipment of lost the product(s) within 48 (forty-eight) hours following the notification, except in the case of the product(s) being unavailable, or due to force majeure, which will lead to the cancellation of the order and the refund of the payment amount.
8. Shipment Costs
Delivery is free for all items that can be purchased at spivach.it.
9. Right to Rescission
The Customer may exercise the right of rescission provided for in Article 52 of the Consumer Code within 14 (fourteen) calendar days from the day on which the Customer or third party other than the carrier designated by the Customer acquires the physical possession of the goods.
The Customer may exercise the right of rescission without giving any reason, by sending the form set forth in Annex 1, or any other explicit statement, to Spivach & Spivach Snc, to the address Piazzetta Antonini 6, 33100 Udine, Italy, or by email to info@spivach.it, or by clicking the “Returns” button in the “My Account” page.
The Customer must then return the products in the same condition as they were in at the time of their delivery (in perfect condition in their original packaging with the tags and all documentation received), no later than 14 (fourteen) calendar days following the above rescission request, following the procedures described in the following art. 10.1; in this case, the refund costs will be paid by Spivach.
In the event that exercising the right of rescission meets the aforementioned conditions, the refund of the value of the returned goods, equivalent to their purchase price, will be made by crediting the amount paid by the Customer within 14 (fourteen) calendar days, from the date on which Spivach becomes aware of the request for rescission. In any case, Spivach may withhold the refund until it has received the goods being rescinded, or until the consumer has demonstrated that he has returned the goods, whichever is the earliest.
Spivach will process this refund using the same payment method used by the Customer for the initial transaction, unless another payment method is expressly agreed with the Customer and provided that this does not result in additional costs for the consumer. To this end, the Customer authorises Spivach to maintain his/her bank information and payment data for the time required to exercise the right of rescission.
10. Returns
In the event that a right of rescission is exercised, the Customer may return the products according to the procedures outlined below.
10.1 Return based on the Spivach procedure with the UPS carrier
The Customer will be able to return the products for free and without shipping costs using the Spivach returns procedure.
If the customer is a registered user on the spivach.it site and has an account, he/she can:
i access his profile,
ii go to the “my orders” section,
iii select the product to be returned and click on “Request the Return.”
If the Customer is not a registered user, he/she may contact Customer Services by telephone or by mail requesting the use of the Spivach return procedure.
Upon receipt of this request made through your account or by contacting Customer Services, the Customer will receive a confirmation email, containing a prepaid UPS Pickup Request with Tracking Number, a link to the UPS courier page to check the progress of the shipment, and the relevant shipping document. The pickup of the return must be agreed upon with the UPS courier within 14 days from exercising the right of rescission referred to in art. 9. Thanks to spivach.it’s free return service, the Customer will have the security of being refunded in case of theft or loss of shipment.
The Spivach return process can only be done in Italy.
10.2 Return Method for a Carrier other than UPS
If the Customer does not intend to use the Spivach Return procedure,
products must be returned within 14 days from exercising the right to rescission to Spivach & Spivach Snc at Piazzetta Antonini 6, 33100, Udine, Italy.
The direct return costs will be paid by the Customer.
10.3 Conditions of Integrity for the Return
According to Article 57 of the Consumer Code, the consumer is liable if the products returned by the Customer are damaged, incomplete, damaged and/or used in a non-compliant manner. It is considered that goods are used beyond the normal diligence in the case of use beyond that necessary to establish their nature, characteristics and operations (eg in case of removal of the tags, if the garment was worn rather than just being tried on).
You can return an item purchased at spivach.it only if it is in the same condition as when it was received. The Customer must then ensure that:
- the item has not been used or suffered damage during being tried on;
- the item has not been dirtied or been washed;
- the item keeps all labels if any and warranty seals on the item when checking the quality and original finishes;
- the item has not been modified in any way.
In particular, we must specify that all products must be returned in their original packaging, which is considered an integral part of the article.
In case the damaged, incomplete and/or deteriorated goods are returned and/or the conditions of use are not compliant with due diligence, notwithstanding the right to rescission, the customer will be charged the sum corresponding to the decreased value of the goods. In such cases, Spivach will promptly notify the Customer of the damage and non-conformities found when receiving the items. The amount charged to the Customer, which in any case cannot be higher than the price paid for the purchase of the item, will be deducted from the Customer's refund.
10.4 Items that are incorrect, damaged or different from those ordered
We would like to inform Customers that spivach.it submits its own garments and materials with which they are packed to strict quality controls, ensuring that they are sold in perfect condition. In addition, for greater remote purchasing protection, every single item shipped by spivach.it is checked before being shipped. spivach.it adopts the best photographic standards so that the colour rendering on the website is as close as possible to the appearance, as there may be variations due to the technical features and colour resolution provided by the customer's computer or devices. Spivach is therefore not responsible for the inadequacy of the photographic representations of the products due to the aforementioned technical reasons. In these cases, the Customer may only return the product within the terms of the rescission period referred to in art. 9.
In case of receipt of a product other than the one ordered, the Customer may return the product within the terms of the rescission period referred to in art. 9.
11. Compliance – Warranty
Regarding the compliance warranty for the purchased product, the sale of products on spivach.it regulated by these General Terms and Conditions is subject to statutory legal guarantees. The articles of the Consumer Code relating to the legal warranty of the compliance of the goods are hereby reproduced:
" Article 129 of the Consumer Code:
1. The seller must deliver goods to the consumer which are in conformity with the contract of sale.
2. Consumer goods are presumed to comply with the contract if, where relevant, the following circumstances coexist: (a) they are fit for the purposes for which goods of the same type are normally used; (b) they comply with the description given by the seller and possess the qualities of the goods which the seller has held out to the consumer as a sample or model; (c) they show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the seller, the producer or his representative, particularly in advertising or on labelling; (d) they are also fit for any particular purpose for which the consumer requires them and which he made known to the seller at the time of conclusion of the contract and which the seller has accepted also for facts concluding from the same.
3. There shall be deemed not to be a lack of conformity if, at the time the contract was concluded, the consumer was aware, or could not reasonably be unaware of, the lack of conformity, or if the lack of conformity has its origin in materials or instructions supplied by the consumer.
4. The seller shall not be bound by public statements, as referred to in paragraph 2(c) if he, alternatively, shows that: a) he was not, and could not reasonably have been, aware of the statement in question; b) by the time of conclusion of the contract the statement had been corrected in order to be shared with the consumer; c) the decision to buy the consumer goods could not have been influenced by the statement.
5. Any lack of conformity resulting from incorrect installation of the consumer goods shall be deemed to be equivalent to lack of conformity of the goods if installation forms part of the contract of sale of the goods and the goods were installed by the seller or under his responsibility. This shall apply equally if the product, intended to be installed by the consumer, is installed by the consumer and the incorrect installation is due to a shortcoming in the installation instructions. ”
" Article 130 of the Consumer Code:
1. The seller shall be liable to the consumer for any lack of conformity which exists at the time the goods were delivered.
2. In the case of a lack of conformity, the consumer shall be entitled to have the goods brought into conformity free of charge by repair or replacement, in accordance with paragraphs 3, 4, 5 and 6, or to have an appropriate reduction made in the price or the contract rescinded, in accordance with paragraphs 7, 8 and 9.
3. The consumer, at his option, ask the seller to repair the goods or to replace them, in either case free of charge, unless this is impossible or disproportionate.
4. For the purposes of paragraph 3, a remedy shall be deemed to be disproportionate if it imposes costs on the seller which, in comparison with the alternative remedy, are unreasonable, taking into account: a) the value the goods would have if there were no lack of conformity; b) the significance of the lack of conformity; c) whether the alternative remedy could be completed without significant inconvenience to the consumer.
5. Any repair or replacement shall be completed within a reasonable time and without any significant inconvenience to the consumer, taking account of the nature of the goods and the purpose for which the consumer purchased the goods
6. The expenses referred to in paragraphs 2 and 3 refer to the necessary costs incurred to bring the goods into conformity, particularly with regards to shipment, labour and materials.
7. The consumer may, at his request, ask for an appropriate reduction in the price or the termination of the contract where one of the following situations occurs: (a) repair and replacement are impossible or excessively costly; (b) the seller did not repair or replace the goods within the appropriate time frame referred to in paragraph 6; (c) the replacement or repair previously carried out has caused considerable disadvantages to the consumer.
8. When determining the amount of the reduction or the sum to be returned, the use of the good is considered.
9. After the compliance complaint has been lodged, the seller may offer the consumer any other available remedy with the following effects: (a) when the consumer has already requested a specific remedy, the seller is obliged to implement it, with the necessary consequences regarding the appropriate term referred to in paragraph 6, unless the consumer accepts the proposed alternative remedy; b) if the consumer has not already requested a specific remedy, the consumer must accept the proposal or reject it by choosing another remedy under this article.
10. A minor compliance defect for which it was not possible or excessively expensive to repair or replace does not invoke the right to terminate the contract. “
"Article 132 of the Consumer Code:
1. The seller is liable, pursuant to Article 130, where the compliance defect occurs within a period of two years from the delivery of the good.
2. The consumer shall cease to be entitled to the rights provided for in Article 130, paragraph 2, if he does not notify the seller of the defect within two months from the date on which he discovered the defect. A complaint is not necessary if the seller acknowledged the existence of the defect or concealed it.
3. Unless there is evidence to the contrary, it is assumed that any compliance defects that occur within six months of delivery of the good existed at that date unless this theory is incompatible with the nature of the goods or the nature of the lack of compliance.
4. In any event, reporting defects that are not dealt with by the seller shall, in any event, be carried out within a period of twenty-six months after delivery of the goods; the consumer, who is bound by the contract, may, however, always claim the rights referred to in Article 130, paragraph 2, provided that the compliance defect has been reported within two months of discovery and before the expiry of the term set forth in the previous period. "
In the event that the Customer finds any compliance issue, the Customer will be able to report the non-compliance by requesting immediate delivery via the “Request a Return” button on the order page in the “Order history and details” of the personal area “My account”, specifying the reason for the request according to the methods indicated on spivach.it.
In case of receipt of non-conforming products or of a product other than that ordered, the Customer must make the product available for Spivach and Spivach must verify that the numbered warranty seal placed on the item during the quality control prior to shipping is intact and has not been removed.
Under no circumstances will modifications be made to the products purchased since these would be overly expensive for Spivach.
Likewise, no costs that the Customer incurs in order to make modifications adjustments and/or alterations to the items purchased will be reimbursed, and will therefore remain at the exclusive expense of the customer.
12. Complaints - Communications - Information
For any information or complaint or for any communication regarding these general sales conditions, orders and/or Spivach products, the Customer may contact Customer Service through the “Contact us" link in the Customer Service section at spivach.it.
The Customer can contact Customer Service by mail, by filling in the form, or by calling the telephone number Monday to Friday.
13. Personal data privacy and protection provisions
The collection and processing of data is carried out to manage and execute present and future purchase orders and in particular for the fulfilment of the obligations arising out of these General Sales Conditions.
More info in the Privacy Policy section.
14. Force Majeure
The performance of services by Spivach may be suspended in the event of force majeure that prevents or delays its execution. As such, they are considered events beyond the will of Spivach, which the latter could not reasonably expect at the time of the signing of the sales contract; such as, but not limited to, war, riots, insurrections, strikes and supply issues at Spivach due to third-party suppliers. Spivach will inform the Customer of any force majeure within seven (7) days of their occurrence. If the service suspension extends for a period longer than 15 days, the Customer will be able to cancel the order and refund the amounts already paid.
15. Applicable Law and Jurisdiction
These general sales conditions are governed by Italian law.
In the event of disputes regarding these general sales conditions, the Customer is informed of the possibility of using the ODR platform for resolving online consumer disputes pursuant to EU Regulations 524/2013 and Legislative Decree 130/2015 adopted in implementation of EU Directive 2013/11. This platform is live at the following website:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
However, the Customer has the right to use the ordinary dispute resolution methods arising from the interpretation, validity and/or performance of these general conditions of sale, and, in this case, the inviolable territorial jurisdiction will be the Court in the location of the consumer's residence or domicile.
Annex 1 - Rescission Form
Rescission Form Download