Terms of service
Before placing orders on the website www.spadaroma.com, it is necessary to carefully read and accept the General Sales Conditions set out below.
Article 1. The society
COLELLA GROUP SRLSrl, with registered office in Via Arangio Ruiz, 44, 80122, Naples, PIVA 09730371003, (hereinafter"COLELLA GROUP SRL") has created and manages the website www.spadaroma.com, through which it is authorized to sell its own men's clothing, footwear, perfumes and fashion accessories products (hereinafter the «Products») to users who visit the site (hereinafter «Users»).
For any and all complaints regarding an order placed, purchase made and/or Products purchased, Users can contact the customer service whose references are given below:
Address:Via Arangio Ruiz, 44- Naples
Article 2. The Web site
The site www.spadaroma.com (hereinafter the"Site") is an e-commerce site accessible via the Internet through the Internet at www.spadaroma.com
The Site is accessible from Italy by all Internet users (hereinafter,"Internet Users")In the context of these General Conditions of Sale (hereinafter"GCS") the term"Parties"will jointly indicate the Users and COLELLA GROUP SRLand with the term"Party"one of the two separatelyThe term"Buyer"will indicate all Users who have placed an order for the purchase of Products with delivery exclusively on the Italian territoryThe same rights and obligations provided for in the GCS for Users will refer to and apply to the Purchaser.
The sale of Products through the Site is intended solely for the personal use of Users and not for the purposes of their professional activity.
The Products purchased on the Site will be delivered exclusively to the territory of the Italian Republic, the Republic of San Marino and the Vatican State.
Orders with a delivery address to a PO box cannot be processed.
Users who wish to purchase on the Site, aware of the civil and criminal liability in the event of false declarations, declare that they have full legal capacity and that they are of legal age for the purposes of Italian law.
Each purchase order for Products offered on the Site implies consultation and express acceptance of the GCS, without however this acceptance being conditioned by a handwritten signature of the User.
In accordance with articles 1321, 1322, 1326, 1335 of the Civil Code, to Legislative Decree noLgsn21/2014, to Legislative Decreen185/99, implementing directive 97/7/EC, and to the DPR513/97, the compilation and sending of the order form, as per the following art5"Methods of entering and confirming orders", constitutes for all legal purposes a sales contract between COLELLA GROUP SRLand the User of the Site, from which reciprocal rights and obligations governed by civil law arise, arising from the online sale of the Products and from the relationships that the Parties establish on the Internet and exclusively on the Site.
The User can save and print the GCS, provided that he does not make any changes to them.
The GCS define all the necessary steps in order to carry out an order, as described in article 4"Methods for entering and confirming orders"and ensure the execution of the aforementioned order between the Parties.
The applicable GCS can be consulted at any time by clicking on the appropriate link.
COLELLA GROUP SRLmay update the GCS at any time.
These GCS will apply to the exclusion of any other document.
Article 3. Products
The Products offered for sale by COLELLA GROUP SRLare those listed on the Site on the date of consultation of the same by Users, within the limits of stock availability.
The photographs illustrating the Products do not fall within this contractual scope; therefore COLELLA GROUP SRLcannot be held responsible for any errors and/or discrepancies.
Despite the commitment to ensure a faithful reproduction of the colors of the Products represented in the photos published on the Site with respect to the original ones, hypotheses of discrepancies are not excluded, in particular due to technical limitations in the computer reproduction of colors.Consequently, COLELLA GROUP SRLcannot be held responsible for errors and/or inaccuracies in the graphic and photographic reproduction of the Products on the Site.
Availability of products.
The Products are offered within the limits of available stocksIn case of unavailability of one of the Products, the Buyer will be promptly informed.
The communication can be notified:
- When the order is created:a window appears indicating that the desired Product is temporarily unavailable.
- After order confirmation:before delivery, by e-mail or by phone.
If the unavailability of a product is contested after the confirmation of the order, the Buyer will have the possibility to cancel his order by requesting the refund of the sums paid for the unavailable products within and no later than 30 (thirty) days from their withdrawal or the replacement of the Product (s) not available by e-mail.
COLELLA GROUP SRLdeclines any responsibility in case of exhaustion of goods or unavailability of the Products.
When the User of the Site places an order, he has the right to view all the Products that can be purchased online.
Retention of title
The ordered products remain the property of COLELLA GROUP SRLuntil the full collection of the price by the latter and when the Products are physically delivered and received by the BuyerIn the event of payment irregularities, the Buyer undertakes to return to COLELLA GROUP SRLthe products received, at the first requestOn the other hand, on the effective date of delivery, the risks (specifically related to loss, theft or damage) concerning the delivered products are borne by the Buyer.
Article 4. Prices and Payments
The prices of the Products are indicated in Euros and include VAT applicable on the date of the order.
The price charged to the Buyer is the price declared on the Order Confirmation sent by e-mail by COLELLA GROUP SRL.
The established price includes packaging costs, which are free for Users; but not those for shipping which will remain the responsibility of the Buyer, as well as those for a delivery other than that normally guaranteed, subject to any promotions referring to free shipping.
COLELLA GROUP SRLreserves the right, which the User accepts, to modify the prices published on the Site at any timeIn any case, the price of the Products, subject to availability, will be charged on the basis of the rates indicated at the time of order registrationThe rate in force will be that indicated on the Site, except in the case of errors in the price of the Products, in which case COLELLA GROUP SRLwill promptly inform the Buyer and give him the option to reconfirm his order at the right amount or to cancel it; in the event of failure to reconfirm, the order will be canceled and the full amount paid will be refunded to the Buyer.
All payments must be made immediately on the InternetUnless the server is available, Site Users can pay via PayPal or the following credit cards:
- American Express
Site Users must enter:
- card number,
- Expiration date,
- 3-digit security code on the back of the card (Visa and Mastercard only) and 4-digit for American Express.
In order to avoid and reduce the risk of unauthorized access, the card data will be encryptedOnce the Order has been received, COLELLA GROUP SRLwill pre-authorize your credit card to make sure you have sufficient funds to complete the transactionThe debit on the user's card will be made when the Order leaves the warehouses of COLELLA GROUP SRL.
If the payment method chosen is PayPal, the amount relating to the Order is debited from the PayPal account at the time the order is acquired.
In accordance with the legislation in force, any purchase made through the website will be subject to Value Added Tax (VAT), in accordance with the Italian legislation in force and with Chapter I of Title V of Directive 2006/112/EC. of the Council of 28 November 2006, relating to the common system of value added tax (VAT), for which deliveries will be understood to be located in the Member State that appears in the delivery address of the items, VAT being the one legally applicable in each Member State of destination of the items that have been delivered in each order.
Article 5Methods of insertion and order confirmation
Navigation within the Site
Users can view and choose the various Products marketed by COLELLA GROUP SRLat the following address:www.spadaroma.comUsers can consult the various pages of the Site for free, without any obligation to purchase.
The registration of orders can be taken into consideration by COLELLA GROUP SRLonly if the delivery and billing address is located in Italy.
Placing an order
If a User wishes to place a purchase order, he must choose the various Products of his interest by clicking on the"add to cart"button.
Each new Product added to your cart will be indicated by means of a specific window.
Users of the Site at any time can:
- view a summary of the selected Products or change the order by clicking on the"Cart"button, located at the top right of each page,
- continue to select the Products by clicking on"Continue shopping",
- complete the Product selection and place the order by clicking on"Buy now".
To order the selected Products, Users must click on the"Cart"button.
A summary of your order will appear on the screenIf the list that appears corresponds to the Products chosen, Users must validate their choice by clicking on the"Buy Now"button.
The User must identify himself:by entering his e-mail address and password, if he is already registered on the Site; otherwise, he/she must/may register or place his order without registering on the SiteThe User is aware of and accepts that the insertion of his username constitutes proof of his identity and consent.
In the event of a new registration, the User undertakes to complete in good faith the registration form made available to him and acknowledges that the data communicated and registered on the information sites of COLELLA GROUP SRLthey are accurate and serve as proof of his identity.
In order to complete the order, the User must strictly proceed to all the steps listed in this paragraph.
The user, by using this website and/or placing orders through it, agrees to use the website only to carry out valid consultations or orders and therefore not to carry out false or fraudulent orders which will therefore be subject to cancellation by COLELLA GROUP SRL.
Final validation of an order
The User must click in the box"I accept the General Conditions of Sale"before being able to proceed with the choice of the payment method.
Users are invited 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 your PayPal account.
Through the acceptance, even if only partial, of the order by COLELLA GROUP SRL, the contract between the latter and the User/Buyer will be considered perfected.COLELLA GROUP SRLreserves the right, at its sole discretion, to accept the orderAcceptance is considered tacit, unless otherwise communicated to the User in any way.
Any right of the User to compensation for damages or compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance, even partial, of an order.
Confirmation of an order
Once the Buyer has validated his order and made provision for the relative payment, a summary window will appear showing the transaction number, the receipt of the order (hereinafter the"Order Confirmation") and the confirmation that the same is being shipped (hereinafter the"Shipping Confirmation")This confirmation will also be sent to the Buyer in the order confirmation sent by e-mailThe aforementioned confirmation will include all the constituent elements of the contract between the Parties, including the Products requested, the payment provisions, the delivery provisions, the address of the COLELLA GROUP SRL headquartersto which any complaints can be sent, as per article 1 of these GCSIn any case, it is advisable to keep a copy (electronic or paper) of the information concerning the order.
The data recorded and collected on the Site constitute full proof of all transactions concluded between the Buyer and COLELLA GROUP SRLIn the event of a dispute between COLELLA GROUP SRLand the Buyer in relation to a transaction performed on the Site the data recorded by COLELLA GROUP SRLwill constitute full proof of the contents and the transaction.
COLELLA GROUP SRLkeep a copy of the contract stipulated between COLELLA GROUP SRLand the Buyer in electronic form, for a period from the conclusion of the contract to the date of delivery of the goods and for ten subsequent yearsThe Purchaser is authorized to access this written copy at any time by sending an e-mail to the address:firstname.lastname@example.org or by contacting the contact details referred to in Article 1 of these GCS and attaching proof of identity.
Delivery methods and times
The delivery of orders is managed by a logistics center located at the LMLogistics cooperative society, via Ficucella, Interporto Sud Europa - Lot 7 - 81024 Maddaloni (Ce-Italy) and the orders are shipped with the transport company ………….Orders are sent within the deadline indicated in the Order Confirmation and, in any case, at the latest within thirty (30) working days starting from the day following receipt of the Order Confirmation e-mail.
Products ordered by a Buyer will be delivered to the address stated on the order formIn the absence of the Purchaser, the Products covered by the order will be sent to the warehouse chosen by COLELLA GROUP SRLand a notice will be left to the Buyer in which the place where the products object of his order are located and how to arrange a new delivery.
If the delivery cannot take place for reasons not attributable to COLELLA GROUP SRLafter 15 days from the date on which the order is available for delivery, the Contract will be considered terminated and the Purchaser will be promptly returned all the amounts paid, including delivery costs (with the exclusion of any additional costs deriving from the choice , a delivery method other than the ordinary method and except for additional transport costs deriving from the termination of the Contract) and, in any case, within 14 days from the date of termination of the Contract.
It should be noted that no deliveries are made on Saturdays, Sundays and holidays and that the delivery will be considered made through the acquisition, by the Buyer or a third party indicated by him, of the material availability of the products, which will be proved by means of the signing of the order receipt to the agreed shipping address.
In case of delay in delivery, the Buyer will be required to inform COLELLA GROUP SRL customer service as soon as possible, by writing an e-mail to:email@example.com or by contacting the contact details referred to in Article 1 of these GCS.
COLELLA GROUP SRLundertakes to contact the GLS transport company for verificationThe duration of the verification is not predictable.
In the event of non-compliance with the delivery terms or with the terms that may be granted, the Buyer has the right to terminate this contract pursuant to Article 61 DLgsn21/2014, with consequent reimbursement of all the amount spent, it being understood that COLELLA GROUP SRLwill inform the Buyer in advance of the delay in order to ascertain the latter's availability to accept the delay and postpone the delivery.
It is also specified that the transport risks are borne by the Purchaser, as well as those relating to the loss or damage of the Products since the latter acquires physical possession of them.
After receiving the ordered Products, the Buyer is required to verify that the Products correspond to those orderedIn order to verify any anomalies that may be found (missing or damaged products, damaged packaging, tearing, etc.), the User may collect the Products subject to verification and, in the event of a positive ascertainment of such facts, they must be indicated within 24 hours by the Buyer on the form sent with the order and must be communicated to COLELLA GROUP SRL customer service, by sending an e-mail to:firstname.lastname@example.org or by contacting COLELLA GROUP SRLby means of the contact details referred to in Article 1 of these GCS, specifying for which product anomalies were foundAll complaints not reported or sent after 24 hours from the delivery of the products will be refused and COLELLA GROUP SRLwill not take responsibility for it.
COLELLA GROUP SRLwill not be held responsible in case of loss, sending to an incorrect address or delayed delivery of a Product, to the extent that the risks relating to the transport chosen by the Purchaser are borne by the same.
It is mandatory to provide personal data related to delivery, as they are necessary to process and send orders, as well as to prepare the invoice.Such personal data is strictly confidentialNot providing such personal information makes it impossible to process the order.
Article 7Right of withdrawal and return of goods
In full compliance with the provisions of Article 49, paragraph 1), letter h) of Legislative Decreen21/2014, the Purchaser has a period of 14 (fourteen) working days to return the Products, at his expense, if they do not satisfy him and keep the Products until that moment.This term starts from the day of delivery of the orderIn the event of an ascertained violation of the provisions referred to in Article 49, paragraph 1), letter h) of Legislative Decreen21/2014, pursuant to article 53 of the aforementioned Legislative Decree, the withdrawal period guaranteed to the Buyer will be extended to twelve months following the initial withdrawal deadlineCOLELLA GROUP SRLwill be able to provide the Purchaser with the information referred to in the aforementioned article 49 within twelve months of the ascertained violation and the right of withdrawal will end fourteen days following the day on which the Purchaser will have received such informationIn the event of the purchase of multiple Products, delivered at different times, the above term will start from the receipt of the last good covered by 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 of receipt of the order by the Buyer.In the event of withdrawal, the Buyer will only be reimbursed the price of the returned products but the cost of Euro 4.00 (four/00) will be charged for the collection service of the return package at the Buyer's expense.The right of withdrawal can only be exercised by the Buyer and not by third parties.
The products must be returned, together with the receipt, to:COLELLA GROUP SRL, at the LMLogistics cooperative company, via Ficucella, Southern Europe Interport - Lot 7 - 81024 Maddaloni (Ce-Italy)The direct costs of returning the products, or the shipping costs relating to the return of the same, will be borne by the user who, before confirming the request for withdrawal, is indicated the transport cost and the courier to be used for the return. in the appropriate section"returns and refunds".
In the event that the Buyer claims that COLELLA GROUP SRL has not recognized the right of withdrawal, due to failure to receive the notice of withdrawal, it will be the Buyer's duty to prove that it has fulfilled it.
Exclusions from the right of withdrawal
Pursuant to article 59 of Legislative Decree noLgs21/2014, the right of withdrawal referred to in this article is excluded in relation to:
- Waiver expressly expressed by the Buyer;
-Purchases of products with a personalized character made by COLELLA GROUP SRLon the instructions of the User;
-Purchases of products combined with others for special occasions.
Products that do not satisfy the Buyer
If a Buyer exercises the right of withdrawal, the Product (s) must be returned in the original form and packaging, complete and accompanied by the slip of the GLS delivery note.The Buyer will bear the shipping costs for the return of the Products for Euro 4.00 (four/00), apart from non-compliant ones.
COLELLA GROUP SRLwill not accept a shipment of Products charged to the recipient.
The Buyer assumes all reasonable risks associated with the return of the Products.
If the aforementioned circumstances are met, COLELLA GROUP SRLwill reimburse the Buyer within a maximum of 14 (fourteen) working days from the day on which he is informed of the consumer's decision to withdraw, for an amount corresponding to the Products purchased.
The Buyer will be responsible only for the decrease in the value of the goods resulting from manipulation other than that necessary to establish the nature, characteristics and functioning of the Products.
COLELLA GROUP SRLwill reimburse using the same payment method used by the Buyer for the initial transaction, unless the latter has agreed otherwise.
COLELLA GROUP SRLis not required to reimburse the additional costs if the Buyer has expressly chosen a type of delivery other than the less expensive one offered by COLELLA GROUP SRL.
No refunds will be made:(a) if the product has been used other than simply opening; (b) for products that are not in the same conditions in which they were delivered and/or have been damaged and/or are not intact and in a normal state of conservation and/or that do not have an identification tag.
COLELLA GROUP SRL, within 14 (fourteen) working days, may withhold the refund until the Buyer has received the goods or has demonstrated that he has shipped the goods.
Non-compliant products are understood to be products sent by mistake by COLELLA GROUP SRLor that show flaws or defects.
In the event that the Purchaser considers that at the time of delivery the Product does not comply with the provisions of the Contract, he must contact COLELLA GROUP SRLwithin 24 hours of receipt of the goods, using the contact form, indicating the product data and return the same to:COLELLA GROUP SRLat the LMLogistics cooperative society, via Ficucella, Interporto Sud Europa - Lot 7 - 81024 Maddaloni (Ce-Italy) within 14 (fourteen) working days from the date of receipt of the Product, in their original packagingCOLELLA GROUP SRLwill examine the returned product and communicate by e-mail if it will proceed with the refundThe refund of the item will in any case be made within 14 days from the date of sending a specific e-mail with which it will confirm to the user that it will proceed with the refund of the unsuitable itemThe direct costs of returning the goods will be borne by the Buyer while the amount paid for the products returned due to damage or defect, if ascertained by COLELLA GROUP SRL, will be refunded in full, including the delivery costs incurred for sending. of the same.
Article 8Legal Guarantee
The Legal Guarantee of conformity is governed by articles 128 et seqOf the Consumer Code in favor of the consumer, who purchases products for personal use (or for purposes unrelated to his professional or business activity) that have conformity defectsThe lack of conformity, subject to a legal guarantee of conformity, exists in the event that the purchased product is defective or does not allow the use to which goods of the same type are normally used, or is a product that does not conform to the description made by the seller.
The Legal Guarantee of conformity does not cover product defects deriving from normal wear and tear, abnormal or improper use, from accidental events (egfall) and in any case maliciously caused to the product itself, nor does it cover defects deriving from repairs carried out according to methods or by unauthorized centers.
In the presence of a lack of conformity, existing at the time of delivery of the goods:
Primarily, the Buyer has the right to obtain the restoration, without charge, of the conformity of the goods by repair or replacementThe Buyer, at his choice, can ask COLELLA GROUP SRLto repair or replace the good, unless the requested remedy is objectively impossible or excessively burdensome compared to the otherRepairs or replacements must be made within a reasonable time from the request.
Secondly (if the first two remedies are impossible or excessively burdensome, or have not been carried out within reasonable terms, or inconveniences), the Buyer can request, at his choice, an appropriate price reduction, which must take into account use that has been made of the product, or termination of the contract.
Any conventional guarantees, additional to the Legal guarantee of conformity, provided by the manufacturer or the retailer, do not replace or limit the rights deriving from the legal guarantee of conformity.
The legal guarantee of conformity covers conformity defects that have arisen within two years from the delivery of the purchased product, provided that such defects are reported by the consumer within two months from the date on which they were discovered and provided that the Purchaser has a proof of purchase (fiscal receipt or talking receipt) with explicit indication of the Product.
Article 9Major force
Neither Party will be responsible for the total or partial non-fulfillment or delay in the execution of its obligations under this contract that are caused by an event that cannot be prevented (hereinafter referred to as"Force Majeure").
Events of Force Majeure may include, but are not limited to, wars, riots, riots, serious disturbance of Internet security, technical failures, unauthorized access and/or intrusion into the website servers, strikes of any form, telematic failures or telephone.
If a Party assumes that a Force Majeure event has occurred, it must inform the other party within 5 working days of the occurrence of the occurrence or of the risk of such occurrence occurring.
The Parties agree to meet in order to jointly determine the terms and conditions for completing orders during the presence of a Force Majeure event.
After 1 (one) month of interruption due to a Force Majeure event, COLELLA GROUP SRLmay choose to cancel the orders and refund the Buyer, where due.
Article 10Protection of personal data
The inclusion of personal information collected in the context of distance selling is mandatory, as this information is necessary for the purpose of processing and delivering orders, as well as for issuing invoices.Such information is strictly confidentialFailure to enter implies the automatic rejection of the order.
In accordance with law no78-17 of January 6, 1978 relating to information technology, files and freedoms, the processing of personal information collected on the Site was the subject of a declaration to the National Commission for Informatics and FreedomsThe User has a right of access, modification, rectification and elimination of the data concerning himTo exercise this right, the User must send an email to the address:email@example.com
The buyer can therefore make informed choices about the personal information he has provided to the Site.
Article 11Partial invalidity
If one or more clauses of the GCS are deemed invalid or are declared invalid pursuant to the law, regulation or by virtue of a final judgment, all other clauses will remain fully valid.
Article 12Full contract
These GCS and the entire summary sent to the Buyer form an integral part of the contractual relationships between the Parties.
In case of discrepancy between the aforementioned documents, the GCS will prevail.
Article 13Applicable law and jurisdiction
To the GCS and to the contractual relationships that exist between COLELLA GROUP SRLand the Buyer applies Italian lawFor any dispute that may arise regarding the interpretation and/or execution of this contract, the Court of Naples will be exclusively competent.
Article 14Changes to this information
It being understood that COLELLA GROUP SRLin any case it does not proceed with processing operations other than those expressly authorized and/or requested by each User, this information may be subject to changes to comply with new provisions of the law or with the changed data processing policies of COLELLA GROUP SRLEach updated version of this information will be made available on the Site in the dedicated section:COLELLA GROUP SRLtherefore invites all Users to periodically consult the Site to always be informed of the latest version loaded.