Before placing orders on the www.spadaroma.com website you must read and accept the following Terms of Sale.
Article 1. The company
The company COLELLA GROUP S.R.L. S.r.l., based in Via Arangio Ruiz, 44, 80122, Naples, P. VAT 09730371003,(hereinafter: COLELLA GROUP S.R.L.) has created and operates the www.spadaroma.com website, via which it is authorised to sell its menswear products, footwear, perfumes and fashion accessories (hereinafter the 'products') to users who visit the site (hereinafter 'users'). For any possible complaints regarding the order made, purchase made and/or purchased products, users will be able to contact customer service at the following:
Address: Via Arangio Ruiz, 44- Naples
Article 2. The website
The website www.spadaroma.com (hereinafter the "site") is an e-commerce site accessible via the internet at the address www.spadaroma.com. The site is accessible from Italy by all internet users (hereinafter, "Internet users "). Under these General Sales Conditions (hereinafter "GSC") the users and COLELLA GROUP S.R.L. will be jointly identified with the term “parties” and the term “party” will be used to identify one or the other separately. The term "buyer" will indicate all users who have placed an order for the purchase of products with delivery exclusively within Italy. The buyer will be subject to the same rights and obligations as those imposed onto users under the GSC. The sale of products by means of the site is intended only for the personal use of the buyer and not for any commercial purposes. Products purchased on the site will be delivered exclusively within the territory of the Italian Republic, the Republic of San Marino and the Vatican State. We cannot process orders if the delivery address is that of a post office box. Users wishing to purchase products on the site, must be aware of civil and criminal liability in the event of false statements and declare that they have full legal capacity and are over the age of 18 for the purposes of Italian law. Any order to purchase products from the site implies the consultation and the express acceptance of the GSC’s, such acceptance does not need to be verified via signature. In accordance with Articles 1321, 1322, 1326, 1335 of the Civil Code, Legislative decree 21/2014, Legislative Decree 185/99, implementation of the Directive 97/7/CE, and Presidential Decree 513/97, the completion and submission of the order form, which in accordance with the following article 5 "Input mode and order confirmation" constitutes, with full legal effect, a sale contract between COLELLA GROUP S.R.L. and the site user, from which mutual rights and obligations are born concluded under civil law and arising from the online sale of the products and the relationships that the parties establish via the internet and exclusively on the site. The user will be able to save and print the GSCs, provided that they do not make any changes to them. The GSCs define all the necessary steps to take in order to carry out an order, as described in Article 4 "Input mode and order confirmation" and ensure the execution of the aforementioned order between the parties. The relevant GSCs can be consulted in any moment by clicking on the appropriate link. COLELLA GROUP S.R.L. will be able to update GSCs at any time. These GSCs will apply to the exclusion of any other document.
Article 3. Products
The products offered for sale by COLELLA GROUP S.R.L. are those listed on the site on the date in which the users consult the site, within the limits of stock availability. Photographs illustrating the products are not covered by this contract; therefore, COLELLA GROUP S.R.L. cannot be held responsible for any errors and/or discrepancies.
Despite the commitment to ensure a faithful reproduction of the colours of the products represented in the photos published on the site compared to the original products, there are no hypotheses of discrepancies, in particular due to technical limitations when it comes to colour reproduction on a computer device. Due to this, COLELLA GROUP S.R.L. cannot be held responsible for errors and/or inaccuracies in the graphic and photographic reproductions of the products on the site.
Products are offered within the limits of available inventory. If one of the products is unavailable, the buyer will be informed in a timely manner. The unavailability of the product may be communicated to the buyer either:
- When the order is created: a window is displayed indicating that the desired product is not currently available.
- After the order is confirmed: before delivery, by e-mail or phone.
If the product appears to be unavailable only after the order has been confirmed, the buyer will have the opportunity to cancel their order by requesting a refund of the sum paid for the unavailable products no later than 30 (thirty) days after the withdrawal or replacement of the unavailable product(s) via e-mail. COLELLA GROUP S.R.L. declines any liability in the event of stock being sold out or unavailability of any of the products. When the site user makes an order, they have the right to view all products that can be purchased online.
Retention of title
The ordered products remain of property of COLELLA GROUP S.R.L. until the payment is fully collected by the latter and until the products are delivered and physically received by the buyer. In the event of payment irregularities, the buyer agrees to return the products received to COLELLA GROUP S.R.L. at the first request. On the other hand, on the actual date of delivery, the risks (specifically related to loss, theft or damage) related to the products delivered are borne by the buyer.
Article 4. Prices and Payments
Product prices are indicated in euros and include VAT applicable to the order date. The price charged to the buyer is the price declared on the Order Confirmation transmitted via e-mail by COLELLA GROUP S.R.L. The set price includes packaging costs, which are free for users; however shipping costs will remain at the expense of the buyer, as well as any costs related to shipping methods that differ from the normal shipping method used by the company, shipping costs may not be charged if there is a free shipping promotion available on the site. COLELLA GROUP S.R.L. reserves the right, which the user must accept, to change the prices published on the site at all times. In any case, the price of the products, subject to availability, will be charged based on the rates indicated at the time during which the order is registered. The current rate will be the one indicated on the website, it’s possible that there may be an error in the price of products, in which case COLELLA GROUP S.R.L. will promptly inform the buyer and give them the option to reconfirm their order and be charged the correct amount or to cancel it; In case of non-confirmation, the order will be cancelled and the full amount paid will be refunded to the buyer.
All payments must be made immediately online, unless the server is unavailable. Site users can pay via PayPal or with one of the following payment methods:
- American Express
Site users must enter their:
- card number,
- expiration date,
- 3 digit security code on the back of their card (Visa and Mastercard only) and 4 digits for American Express.
In order to avoid and reduce risks of unauthorized access, the card details will be encrypted. Once the order is received, COLELLA GROUP S.R.L. will pre-authorize the user's credit card to ensure that it has sufficient funds to complete the transaction. The charge to the user's card will be made when the order leaves the warehouses of COLELLA GROUP S.R.L. If PayPal is your chosen payment method, the order amount is debited to your PayPal account when you purchase your order. In accordance with the current legislation, any purchase made through the website will be subject to the Value-Added Tax (VAT), in accordance with existing Italian legislation and with Chapter I of Title V of the Council's 2006/112/CE Directive established on the 28th November 2006, relating to the Common Value-Added Tax System (VAT), whereby deliveries will be located within the Member State which appears in the delivery address provided following the purchase of the items, since the applicable VAT will be that which is legally established in each Member State where the item is to be delivered.
Article 5. Input mode and order confirmation
Users can view and choose between various products marketed by COLELLA GROUP S.R.L. at the following address: www.spadaroma.com. Users can consult the various pages of the site for free, without any obligation to purchase. Orders can only be processed by COLELLA GROUP S.R.L. if the delivery and billing addresses are located in Italy. If a user wishes to purchase an item, they must select which products they are interested in by pressing the "add to cart" button. Each new product added to your cart will be indicated by means of a specific window. Site users can, at any time:
- view a summary of the selected products or change the order by clicking on the "cart" button, which is located in the top right corner of each page,
- continue selecting products by clicking on "continue shopping",
- complete their selection of products and place the order by clicking on the "Buy Now" button.
To order the selected products, users will need to click on the "Cart" button. A recap of your order will appear on the screen. If the list that appears matches the selected products, users will have to validate the choice by clicking on the "Buy Now" button. You must identify yourself by entering your e-mail and password, if you are already registered with the site; otherwise you must/can register or place your order without registering with the site. Users are aware of and accept that the inclusion of their username is proof of their identity and consent. In the event of a new registration, the user agrees to complete the registration form made available to them and recognizes that the data communicated and recorded on the information sites of COLELLA GROUP S.R.L. is accurate and is valid as proof of their identity. In order to complete the order, you will need to proceed with all the steps listed in this paragraph. The user, when utilising this website and/or placing orders through the same, agrees to use the website only to carry out browsing activities or to place orders and to, therefore, not place false or fraudulent orders which would be subject to annulment by COLELLA GROUP S.R.L.
Final validation of an order
The user must click on the checkbox that reads "I accept the General Terms of Sale" before they can proceed to choosing their payment method. Users are encouraged to enter their credit card details or log in to their PayPal account. Orders are validated after entering card information or authorizing the request through their PayPal account.Through the acceptance, if only partial, of the order by COLELLA GROUP S.R.L., the contract between the latter and the user/purchaser will be finalized. COLELLA GROUP S.R.L. reserves the right, in their own unquestionable judgment, to accept the order. Acceptance is considered implicit, unless otherwise communicated in any way to the user. Any right of the user to damages or compensation, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance, even if partial, of an order, is excluded.
Confirmation of an order
Once the buyer has validated their order and made a provision for payment, a summary window will appear showing the transaction number, the receipt of the order (hereinafter "Confirmation of Order") and confirmation that the same is being shipped (hereinafter “Confirmation of Shipment"). This confirmation will also be sent to the buyer via e-mail. This confirmation will include all the building blocks of the contract between the parties, including the required products, payment provisions, delivery provisions, the address of the headquarters of COLELLA GROUP S.R.L. to which the user should send any complaints, pursuant to Article 1 of the GSCs. In any case, it is advisable to keep a copy (electronic or paper) of the information relating to the order. The data recorded and collected on the site is full proof of all transactions concluded between the buyer and COLELLA GROUP S.R.L. In the event of a dispute between COLELLA GROUP S.R.L. and the buyer regarding a transaction carried out on the site, the data recorded by COLELLA GROUP S.R.L. will constitute full proof of the contents and the transaction. COLELLA GROUP S.R.L. retains an electronic copy of the contract between COLELLA GROUP S.R.L. and the buyer, for a period ranging from the conclusion of the contract to the date of delivery of the goods and for ten subsequent years. The buyer is authorized to access this written copy at any time by sending an e-mail to: firstname.lastname@example.org or by getting in touch via the contact details presented in Article 1 of these GSCs and attaching proof of identity.
Article 6. Delivery
Delivery methods and timeframes
Delivery is managed by the logistics centre L.M. Logistics Cooperative Company, via Ficucella, Interport South Europe – Lot 7 – 81024 Maddaloni (Ce-Italy) and orders are shipped with the transport company ................. Orders are sent within the deadline specified in the Order Confirmation and, in any case, at the latest within thirty (30) working days from the day after receiving the Order Confirmation email. The products ordered by the buyer will be delivered to the address entered in the order form. In the event of the absence of the buyer, the products will be sent to a depot chosen by COLELLA GROUP S.R.L. and a notice will be left with the buyer informing them of the exact location of their products and how to arrange another delivery. If the delivery cannot take place due to causes not attributable to COLELLA GROUP S.R.L. after 15 days from the date on which the order is made available for delivery, the agreement will be resolved and the buyer will be promptly refunded all costs, including delivery costs (excluding any additional costs arising from the choice of a delivery method other than the ordinary method and excluding any additional transport costs resulting from the resolution of the Agreement) and, in any case, within 14 days of the resolution date of the contract.
Please be aware that no deliveries are made on Saturdays, Sundays and holidays and that the delivery will be made through the purchase, by the buyer or a third party indicated by them, of the material availability of the products, which will be proven by the signing of the order receipt at the agreed shipping address.
Issues with delivery
In the event of a delay in delivery, the buyer will be required to inform COLELLA GROUP S.R.L. customer service as soon as possible by emailing: email@example.com or by getting in touch via any of the contacts outlined in article 1 of these GSCs. COLELLA GROUP S.R.L. agrees to contact GLS shipping company for verification. The duration of the verification is not predictable. In the event of non-compliance with the terms of delivery or those potentially granted, the buyer is given the right to terminate this contract in accordance with Article 61 D. Lgs. 21/2014, resulting in a refund of all costs, subject to the fact that COLELLA GROUP S.R.L. will pre-emptively inform the buyer of the delay in order to ascertain the latter's availability to accept the delay and postpone the delivery. It should also be noted that the transport risks are borne by the purchaser, as well as those relating to the loss or damage of the products from the moment in which the latter acquires physical possession of them. After the receipt of the ordered products, the buyer is required to verify that the products match those ordered. In order to check for any anomalies (missing or damaged products, damaged packaging, laceration, etc.), the user may withdraw the products subject to verification and, in the event of the verification resulting in the detection of anomalies, they must be outlined by the buyer on the form sent with the order within 24 hours and must be communicated to COLELLA GROUP S.R.L.’s customer service team by sending an e-mail to: firstname.lastname@example.org or by contacting COLELLA GROUP S.R.L. by means of the contact details provided in Article 1 of these GSCs, specifying which product presents the anomalies. All claims that are not reported or sent within 24 hours after the products are delivered will be rejected and COLELLA GROUP S.R.L. will not take responsibility for them. COLELLA GROUP S.R.L. will not be held liable in the event of a loss, misdirection or delayed delivery of a product, in so far as the risks related to the transport chosen by the buyer are borne by them. It is mandatory to provide personal data related to the delivery, as it is necessary to process and send orders, as well as to generate invoices. Such personal data is strictly confidential. Without the provision of this personal information the order cannot be processed.
Article 7. The right to withdraw and return assets
In full compliance with the provisions of Article 49, paragraph 1, letter h) of the Legislative Decree 21/ 2014, the buyer has a deadline of 14 (fourteen) working days to return, at their own expense, the products if they do not meet their expectations and to keep the products until then. This deadline starts from the day the order is delivered. In the event of non-compliance with the provisions of Article 49, paragraph 1, letter h) of Legislative Decree 21/ 2014, under Article 53 of the aforementioned Legislative Decree., the withdrawal period guaranteed to the buyer will be extended to twelve months after the end of the initial withdrawal period. COLELLA GROUP S.R.L. may provide the buyer with the information referred to in Article 49 within twelve months of the alleged violation and the right of withdrawal will end fourteen days after the day the buyer has received such information. If the buyer purchases multiple products, which are delivered at different times, the above term will start from the receipt of the last item of the purchase order. The withdrawal period begins on the day of receipt of the order and ends after 14 (fourteen) working days from the time the buyer receives the order. In the event of withdrawal, the buyer will only be reimbursed the price of the returned products but will be charged the cost of Euro 4.00 (four/00) for the service of collecting the return package paid by the buyer. The right to withdrawal can only be exercised by the buyer and not by a third party.
The products must be returned, together with the delivery note, to: COLELLA GROUP S.R.L., at the L.M. Logistics Cooperative Company, via Ficucella, Interport South Europe – Lot 7 – 81024 Maddaloni (Ce-Italy). The direct costs of returning the products, i.e. the shipping costs related to the return of the same, will be borne by the buyer who, before confirming the return request, indicates the cost of transport and the courier to be used for the return in the "returns and refunds" section of the site.
If the buyer claims that COLELLA GROUP S.R.L. failed to recognize the right of withdrawal, due to the failure of receipt of the notice of withdrawal, it will be the burden of proof of the buyer to prove that they have fulfilled it.
Exclusions of the right to withdrawal
In accordance with Article 59 of D. Lgs. 21/ 2014, the right to withdrawal in this article is excluded in relation to:
-Renouncement expressed by the buyer;
- The purchase of products with a custom font undertaken by COLELLA GROUP S.R.L. on the buyer’s instructions;
-The purchase of products combined with others for special occasions.
Products that don't satisfy the buyer
If a buyer exercises the right to withdrawal, the product(s) must be returned in the original form and packaging, complete and along with the receipt of the GLS delivery note. The buyer will bear the shipping costs for the return of the products which will amount to Euro 4.00 (four/00), except for those which are non-compliant.
COLELLA GROUP S.R.L. will not accept any products which have been charged to the recipient.
The buyer accepts all responsibility for any risks associated with the return of the products.
If the above circumstances are met, COLELLA GROUP S.R.L. will reimburse the buyer within a maximum of 14 (fourteen) working days from the day in which they are informed of the consumer's decision to withdraw, for an amount corresponding to the costs of the purchased products.
The buyer will only be responsible for a decrease in the value of the goods resulting from a manipulation other than those necessary to establish the nature, characteristics and correct functioning of the products.
COLELLA GROUP S.R.L. will refund the amount via the same means of payment used by the buyer for the initial transaction, unless the purchaser has indicated otherwise.
COLELLA GROUP S.R.L. is not required to reimburse any additional costs if the buyer has explicitly chosen a type of delivery other than the less expensive one offered by COLELLA GROUP S.R.L.
No refund will be made if: (a) the product was used in any way beyond the simple opening of the packaging; (b) for products that are not in the same condition as they were delivered in and/or are damaged and/or are not in optimal condition and in a normal state of preservation and/or that are not equipped with all the relevant tags and labels.
COLELLA GROUP S.R.L., within a period of 14 (fourteen) working days, may withhold the refund until the buyer has received the goods or proved that they have shipped the goods.
Non-compliant products are understood to be products mistakenly sent by COLELLA GROUP S.R.L. or products that present any abnormalities or defects.
If the buyer believes that at the time of delivery the product does not conform with what was outlined in the contract, they must contact COLELLA GROUP S.R.L. within 24 hours of receiving the goods, using the contact form, providing the product details and returning the same to: COLELLA GROUP S.R.L. at L.M. Logistics cooperative company, via Ficucella, Interport South Europe – Lot 7 – 81024 Maddaloni (Ce-Italy) within 14 (fourteen) working days from the date of receipt of the product, in its original packaging. COLELLA GROUP S.R.L. will review the returned product and communicate to the buyer via email whether or not they will proceed with the refund. The item will be refunded within 14 days from the date in which the buyer receives an e-mail confirming the amount to be refunded due to product defects. The direct costs of the return of the goods will be borne by the buyer while the amount paid for the products returned due to damage or defects, if ascertained by COLELLA GROUP S.R.L., will be reimbursed in full, including all delivery costs.
Article 8. Legal Warranty
The Legal Compliance Warranty is governed by Articles 128 and ss. Of the Consumer Code in favour of the consumer who purchases products for personal use (i.e. for purposes unrelated to any commercial or professional activities) that present any conformity defects. The compliance defect, subject to The Legal Compliance Warranty, exists in the event that the purchased product is defective or does not allow the user to employ the product in the same way similar products tend to be employed, or in the event that the product does not comply with the description made by the seller. The Legal Compliance Warranty does not cover product defects resulting from normal wear, abnormal or improper use, accidental events (e.g. falls) and any damages willfully caused to the product, nor does it cover defects resulting from unauthorised repairs undertaken at unauthorised locations. In the event of a compliance defect, which exists at the time of delivery of the asset: firstly, the buyer has the right to obtain a restored product, free of charge, which complies with what they have initially purchased. This can be done through the repair or the replacement of the product. If they choose to, the buyer may ask COLELLA GROUP S.R.L. to repair the item or replace it, unless the required repair is objectively impossible or excessively burdensome in comparison to the other. Repairs or replacements must be made within a reasonable timeframe. Secondly (where the first two solutions appear to be impossible or excessively burdensome, i.e. they have not been carried out within appropriate timeframes, or are highly inconvenient), the buyer may request, at their choosing, a fair reduction in the price, which must take into account the use that has been made of the product, or the termination of the contract. Any conventional guarantees, which are additional to the Legal Compliance Warranty provided by the manufacturer or retailer, do not replace or limit the rights arising from the legal guarantee of compliance. The Legal Compliance Warranty covers compliance defects that have occurred within two years of the delivery of the purchased product, provided that these defects are reported by the consumer within two months of the date on which they were discovered and provided that the buyer has proof of purchase (receipt) with explicit indication of the damaged product.
Article 9. Unforeseeable circumstances
None of the parties will be liable for the total or partial default or for the delay in the execution of their obligations pursuant to this contract that are caused by an event that cannot be prevented (described below as " unforeseeable circumstances"). Unforeseeable circumstances may include, but are not limited to, wars, riots, insurrections, serious internet security disturbances, technical failures, unauthorized access and/or intrusions into website servers, strikes of any form, telematic or telephone failures. If a party assumes that an unforeseeable circumstance has occurred, it must inform the other party within 5 business days of the occurrence of the event or the risk of such an event occurring. The parties agree to meet in order to jointly determine the terms and conditions for filling orders during the time in which the unforeseeable circumstance occurs. After 1 (one) month of interruption due to an unforeseeable circumstance, COLELLA GROUP S.R.L. may choose to cancel the order and refund the buyer where due.
Article 10. Protection of personal data
Providing personal information in the context of remote selling is mandatory, as this information is necessary for the purpose of fulfilling and delivering orders, as well as for the issuance of invoices. This information is strictly confidential. Failure to enter information automatically results in the automatic rejection of the order. In accordance with Act 78-17 established on the 6th January 1978 relating to Information Technology, files and freedom, the processing of personal information collected on the site was the subject of a statement at the National Commission of Information Technology and Freedom. The user has a right to access, edit, rectify, and delete the data that concerns them. In order to exercise this right, you will need to send an email to: customerservice.spadaroma.com. The buyer can therefore make informed choices about the personal information they have provided on the site.
Article 11. Partial invalidity
If one or more of the GSC clauses are deemed invalid or declared invalid in accordance with a law, regulation or following a sentence passed in court, all other clauses will remain fully valid.
Article 12. Full contract
The present GSCs and the entire summary sent to the buyer form an integral part of the contractual relations between the parties. In case of any discrepancies between the aforementioned documents, the GSCs will prevail.
Article 13. Applicable law and jurisdiction
Italian law applies to all contractual relationships and GSCs between COLELLA GROUP S.R.L. and the buyer. For any dispute that arises regarding the interpretation and/or execution of this contract, only the Forum of Naples will be competent to deal with the dispute.
Article 14. Changes to this policy
It being understood that COLELLA GROUP S.R.L. in any case does not proceed with processing operations other than those expressly authorized and/or requested by each user, this policy may be subject to changes that comply with new legal provisions or with modified data processing policies put in place by COLELLA GROUP S.R.L. Every updated version of this policy will be made available on the website in the dedicated section: COLELLA GROUP S.R.L. therefore invites all users to periodically consult the site so as to stay updated and be aware of the latest uploaded version.
Before placing orders on the www.spadaroma.com website you must read and accept the following Terms of Sale.