General Conditions of Sale
(effective 1 June 2021)
Article 1 – Scope of the General Conditions
These General Conditions of Sale (hereinafter,”General Conditions”) regulate the sale of products through the site www.spatia.it (hereinafter, “Site”). The sale is made by INEOST Srl, with registered office in Milan, Via degli Olivetani 10/12 (hereinafter, “INEOST”).
The General Conditions apply without distinction to all Customers, except for those provisions for which it has been expressly provided for the applicability only to Consumer Customers. “ConsumerCustomer”means a natural person who purchases the products offered by the Site for purposes unrelated to any entrepreneurial or professional activity carried out. For the purposes of these General Conditions, it is assumed that the Consumer Customer (hereinafter,”Non-Consumer Customer”)is notthe Customer who submits a Purchase Order by entering his VAT number in the area of the Site relating to personal data. Purchase Contracts stipulated by Consumer Customers are also governed by the provisions of Legislative Decree no. 206/2005 (hereinafter “ConsumerCode”).
INEOST reserves the right to modify or supplement these General Conditions at any time by publishing them on the Site. In any case, any changes or additions to these General Conditions will not be binding on the Customer in relation to the contracts already in progress, unless otherwise expressly agreed between INEOST and the same Customer.
These General Conditions do not regulate the sale of products by parties other than INEOST, even if they are present on the Site through links, banners or other hypertext links. Therefore, the Customer is invited, before proceeding with the possible purchase of products and services from parties other than INEOST, to verify the conditions of sale applied by the latter. INEOST cannot in any way be held responsible for the supply of products and/or services by third parties.
Article 2 – Registration
In order to purchase the products, the Customer is required to register on the Site, creating an account. Registration is free, it being understood that the Customer is responsible for the cost of connecting to the Internet network used to access the Site, according to the rates, terms and conditions practiced by its operator.
To register on the Site, the Customer must fill in the personal data sheet and guarantee INEOST that the information provided is complete, correct and truthful. In addition, the Customer is required to choose topassword. The registration is confirmed by INEOST by means of e-mail sent to the e-mail address communicated by the Customer at the time of registration.
The credentials to access theaccount are personal and cannot be transferred to third parties. Without prejudice to the limits of the law, INEOST can in no way be held responsible in case of access to theaccount by unauthorized third parties. The Customer is required to keep the credentials to accesstheaccount with due diligence. In the event that the Customer no longer remembers the password,or this has been lost or stolen, he must provide without delay to generate a new password,using the appropriate link on the page of the Site of access to theaccount.
At any time and for any reason, the Customer may deactivate theaccount by sending a request to the following e-mail address assistenza@spatia.it. The successful deactivation is confirmed by INEOST by means of an e-mail sent to the e-mail address communicated by the Customer at the time of registration on the Site. If the Customer does not access his account for a continuous period exceeding 15 (fifteen) months, theaccount is deactivated. The successful deactivation is confirmed by INEOST by means of an e-mail sent to the e-mail address communicated by the Customer at the time of registration on the Site.
Article 3 – Purchase procedure
To conclude the Purchase Agreement on the Site, the Customer must send the Purchase Order to INEOST.
The sending of the Purchase Order by the Customer has the value of a contractual proposal and implies knowledge and full acceptance of these General Conditions. The correct receipt of the Customer’s proposal is confirmed by INEOST through an e-mail sent to the e-mail address communicated by the Customer at the time of registration on the Site (hereinafter, “Order Receipt Confirmation E-mail”).
In the event that the Customer has made the payment of the same with one of the methods referred to in letter a) or b) of the following art. 4, the E-mail confirming receipt of the Order also constitutes acceptance, by INEOST S.r.l., of the Purchase Order. In this case, the Purchase Contract between INEOST and the Customer is concluded upon receipt by the Customer of the E-mail confirming receipt of the Order.
In the event that the Customer has made the payment of the Purchase Order in the manner referred to in letter .c) of the following art. 4, the receipt by the Customer of the E-mail confirmation receipt of the Order does not constitute acceptance of the Purchase Order. In this case, the Purchase Agreement between INEOST and the Customer is concluded with the acceptance of the order by INEOST which will be communicated by means of a secoda and separate e-mail (hereinafter, Order Acceptance E-mail“) sent to thee-mail address communicated by the Customer at the time of registration on the Site.
The e-mail of Acceptance of the Order (or Confirmation of Receipt of the Order in the case of payment pursuant to letter a) or b) of art. 4) will indicate an“Order Number”,to be used in any subsequent communication with INEOST, the date of purchase and the summary of the chosen products, the payment methods, the relative prices (including shipping costs) and the address for delivery and, if indicated, that for invoicing. To the E-mail of Acceptance of the Order (or Confirmation of Receipt of the Order in the case of payment pursuant to letter a) or b) of art. 4) a printable version of these General Conditions is attached.
Before sending the Order Acceptance e-mail (or Order Receipt Confirmation in the case of payment pursuant to letter a) or b) of art. 4), INEOST reserves the right to accept or not, at its discretion, the order sent by the Customer, without the latter being able to make claims or rights of any kind, for any reason, including compensation, in case of non-acceptance of the order itself. In these cases, by means of an e-mail sent to the e-mail address communicated by the Customer at the time of registration on the Site, INEOST informs the Customer that the Purchase Contract is not concluded and that the same will not follow up the acceptance of the order. This communication is made within 30 (thirty) days from the one following that in which the Customer sent the Purchase Order to INEOST, which provides for the reimbursement of any sums already paid by the Customer in relation to the same.
If a product is presented on the Site in areas other than the appropriate sections intended for the purchase of products or in any case without the “Add to cart” icon, it is considered not available for sale through the Site.
Article 4 – Prices and payment methods
The prices of the products are clearly indicated on the Site. All prices are expressed in Euros and include VAT. Payment by the Customer can be made by:
a) Credit card. In the case of payment by credit card, financial information (e.g. credit/debit card number, the date of its expiry) is processed only by the Payment Service Provider. It is possible that at the time of payment a debit authorization is required for precautionary purposes, which will not result in any actual charge;
b) If the Customer chooses PayPal as a means of payment, he will be redirected to the site www.paypal.it where he will pay for the products according to the procedure provided for and governed by PayPal and the terms and conditions of the contract agreed by the Customer with PayPal. The data entered on the PayPal website will be processed directly by the same and will not be transmitted or shared with INEOST. INEOST is therefore not able to know and does not store in any way the data of the credit card linked to the Customer’s PayPal account or the data of any other payment instrument connected with that account. In the case of payment by PayPal, the total amount due will be charged by PayPal to the Customer at the same time as the conclusion of the Contract. In case of termination of the Purchase Contract and in any other case of refund, for any reason, the amount of the refund will be credited to the Customer’s PayPal account. The re-crediting times on the payment instrument linked to this account depend exclusively on PayPal and the Banking System. Once the credit order has been placed in favor of this account, INEOST cannot be held responsible for any delays or omissions in crediting the Customer with the refund amount, to contest which the Customer must contact PayPal directly. The Customer expressly acknowledges and accepts that, at the same time as entering their data on the site PayPal on the occasion of the first purchase, a particular procedure called “Reference Transaction” will be automatically activated, which – through an automatic recognition mechanism of the Customer – will allow him to conclude any subsequent orders with PayPal without having to re-enter his credentials. The Customer may deactivate the “Reference Transaction” at any time by going to the specific section 3.1 (Cancellation of recurring payments) of the PayPal site (https://www.paypal.com/it/webapps/mpp/ua/useragreementfull);
c) Bank transfer in favor of INEOST, Banca Intesa, IBAN: IT50H0306939152100000073190.
The payment must be made in the name of the Customer, indicating the Order Number as the reason. The transfer costs are charged to the Customer. If the Customer decides to make the payment by bank transfer, he will have 10 (ten) days from the date of receipt of the E-mail confirming receipt of the Order to make the payment. After 10 (ten) days, the order will be considered canceled, even without communication to that effect by INEOST. The Acceptance of the Order is communicated only after the payment has been credited to the ineost bank account.
INEOST transmits all original invoices and credit notes through the SDI System. For non-Consumer Customers it will be necessary to enter the “Recipient Code” or the “PEC email” in the purchase procedure to allow the creation of the electronic invoice. In any case, the electronic invoice will be available in your reserved area of the Revenue Agency. For the issuance of the invoice, the information provided by the Customer shall prevail. No change in the invoice will be possible after the issuance of the same, nor will it be possible to issue an invoice after the order has been processed to Customers who have not provided their VAT number at the time of the Order.
Article 5 – Delivery
The products will be delivered to the address indicated by the Customer only after the regular conclusion of the Contract.
For products to be delivered in a single shipment, delivery takes place within 60 (sixty) days from the date of receipt of the Order Acceptance E-mail (or Confirmation of Order Receipt in the case of payment pursuant to letter a) or b) of art. 4).
The delivery terms indicated are purely indicative and are not guaranteed. If the Customer is a Consumer, in case of non-delivery within 70 (seventy) days from the date of receipt of the Order Acceptance e-mail (or Confirmation of Order Receipt in the case of payment pursuant to letter a) or b) of art. 4), INEOST will inform the same of the delay, inviting him to indicate an appropriate additional delivery time within which the delivery must be made. In case of non-delivery within the additional period, INEOST will refund the Consumer Customer the amount already paid for payment, unless the latter requests otherwise.
The shipping and delivery service is free and will be performed by private courier in “Full Service Home Delivery” mode through which the customer can agree with the shipper the date and time slot for delivery as well as the possibility of placing the product where directed by the Customer himself and also requesting the disposal of packaging.
Article 6 – Right of withdrawal
The Consumer Customer has the right to withdraw from the Purchase Contract for any reason and without the need to provide explanations within 14 (fourteen) days from the date of receipt of the product, obtaining a refund of the amounts paid.
To exercise the right of withdrawal, the Customer may, at his choice, use the withdrawal form attached to these General Conditions and also available in the reserved area of the Site or send a communication of similar content. The form or other similar communication must be sent by e-mail, to the following address assistenza@spatia.it or by registered letter with notice of return to the following address INEOST S.r.l., Via degli Olivetani 10/12, 20124 Milan.
To comply with the withdrawal period, it is sufficient for the Customer to send the communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Within 14 (fourteen) days following the date of communication of the withdrawal, the Customer must return, through services or couriers of his choice, the following product address INEOST S.r.l., Via degli Olivetani 10/12, 20124 Milan.
The transport costs related to the return of the product subject to withdrawal are charged to the Consumer Customer. The return is under the full responsibility of the Consumer Customer himself. INEOST is not liable in any way for theft or loss of products subject to withdrawal; any related risk remains, therefore, the sole responsibility of the Consumer Customer.
The products in relation to which the Consumer Customer has exercised the right of withdrawal must be intact and will be returned in the original packaging, complete in all its parts (including packaging and any ancillary documentation.
Once the integrity of the returned product has been verified, INEOST will refund the amount paid for the purchase of the products, including any shipping costs. The amount will be refunded through the same means of payment used by the Consumer Customer for the initial transaction, unless expressly requested otherwise by the Consumer.
Article 7 – Legal guarantee
The warranty regime on the products sold on the Site differs depending on whether or not the Customer is a Consumer.
Legal guarantee for the Consumer Customer:
The Consumer Customer has the right to make use of the legal guarantee provided for by the Consumer Code. This warranty applies to defects of conformity that occur within 2 (two) years from the date of delivery of the product and that are communicated to INEOST within 2 (two) months from the discovery of the defect itself.
There is a lack of conformity, when the product purchased: i) is not suitable for the use for which goods of the same type are usually used; (ii) it does not conform to the description given by the seller and does not possess the qualities of the goods which the seller has presented to the consumer as a sample or model; (iii) it does not have the usual qualities and performance of goods of the same type which the consumer can reasonably expect, also taking into account the statements made in advertising or labelling; iv) it is not suitable for the particular use desired by the consumer and that it was brought to the attention of the seller at the time of conclusion of the Contract and that the seller has accepted.
In case of lack of conformity communicated within the terms, the Customer has the right:
(a) primarily, the repair or replacement of the product free of charge, at his choice, unless the remedy requested is objectively impossible or excessively burdensome in relation to the other;
(b) secondarily (in the event that the repair or replacement is impossible or excessively expensive or the repair or replacement has not been carried out within a reasonable time or the repair or replacement previously carried out has caused significant inconvenience to the consumer) to the reduction of the price or to the termination of the Contract, at his choice.
In the event that a product purchased on the Site shows a lack of conformity during the period of validity of the legal guarantee, the Consumer Customer must send a specific communication to the following e-mail address assistenza@spatia.it INEOST will promptly respond to the Customer’s communication, informing him about the procedure to be activated.
Legal guarantee for the non-Consumer Customer:
The non-Consumer Customer has the right to make use of the legal guarantee provided for in the Civil Code. This Warranty applies to defects that occur within 1 (one) year from the date of delivery of the product and that are communicated to INEOST within 8 (eight) days from the discovery of the defect itself.
In the event that a product purchased on the Site manifests a defect during the period of validity of the legal guarantee, the Customer must send a specific communication to the following e-mail address assistenza@spatia.it INEOST will promptly respond to the Customer’s communication, informing him about the procedure to be activated.
Article 8 – Intellectual property rights
Each trademark (registered or not), intellectual property, distinctive sign or denomination, image, photograph, written or graphic text and, more generally, any other intangible property protected by laws and international conventions on intellectual property and industrial property reproduced on the editorial product remains the exclusive property of INEOST and / or its cause of attorney, without the stipulation of the Purchase Contracts deriving from the Customer any right on the same. Any use, even partial, of the same is prohibited without the prior written authorization of INEOST, in favor of which all the related rights are reserved, exclusively.
Article 9 – Liability of the Customer
The Customer declares and guarantees:
a) to be of legal age (if a natural person);
b) to have the power to bind the legal person represented by the same (if legal person);
c) that the information entered in the Order form for the provision of the Service is in its legitimate availability and does not violate any rights of third parties.
Article 10 – Limitation of liability
The information contents of the products are prepared and processed with care and professionalism and constantly monitored. However, they may contain errors, be inaccurate or incomplete. For these reasons, INEOST is not responsible for the use, for any purpose, of the information contained in the products covered by the Contract. Any liability of INEOST and/or its successors in title for direct or indirect damages deriving from the use of data, news, information and, in general, of the contents disseminated by INEOST in execution of the Contract is therefore excluded.
The execution of the services by INEOST may be suspended in the event of the occurrence of a fortuitous event or force majeure that prevents or delays its execution.
INEOST informs the Customer of the occurrence of unforeseeable circumstances or force majeure within 7 (seven) days from the occurrence of the same. In the event that the suspension of the service is prolonged for a period exceeding 15 (fifteen) days, the Customer has the possibility to cancel the order placed and is refunded the amounts already paid.
Article 11 – Communications and Complaints
All communications or any complaints by the Customer against INEOST regarding the Purchase Contracts must be addressed to INEOST S.r.l. Via degli Olivetani 10/12, 20124 Milan
Article 12 – Applicable law and jurisdiction
The Purchase Contract between the Customer and INEOST is governed by these General Conditions, by Italian law and, in particular, with exclusive reference to the Consumer Customer, by the provisions of the Consumer Code.
For any dispute that may arise regarding the validity, interpretation or execution of these Conditions will be competent:
- for Non-Consumer Customers, the Milan Forum;
- for Consumer Customers, the Place of Jurisdiction of the place of residence or domicile of the Consumer Customer.
For the resolution of disputes with Consumer Customers, it is possible to resort to the mediation procedures referred to in Legislative Decree no. 28/2010 or to ADR bodies through the ODR platform for online dispute resolution managed by the European Commission, accessible at the following link http://ec.europa.eu/consumers/odr/.
Article 13 – Processing of personal data
Pursuant to and for the purposes of Article 13 of EU Regulation no. 679/2016 on the protection of personal data(so-called. GDPR), INEOST makes available to Customers, in their capacity as interested parties, the information on the processing of personal data at the following link.
INFORMATION RELATING TO THE EXERCISE OF THE RIGHT OF WITHDRAWAL
The Consumer Customer has the right to withdraw from the Purchase Contract for any reason and without the need to provide explanations within 14 (fourteen) days from the date of receipt of the product, obtaining a refund of the amounts paid.
To exercise the right of withdrawal, the Customer may, at his choice, use the withdrawal form attached to these General Conditions and also available in the reserved area of the Site or send a communication of similar content. The form or other similar communication must be sent by e-mail, to the following address assistenza@spatia.it or by registered letter with notice of return to the following address INEOST S.r.l., Via degli Olivetani 10/12, 20124 Milan
To comply with the withdrawal period, it is sufficient for the Customer to send the communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Within 14 (fourteen) days following the date of communication of the withdrawal, the Customer must return, through services or couriers of his choice, the following product address INEOST S.r.l., Via degli Olivetani 10/12, 20124 Milan.
The transport costs related to the return of the product subject to withdrawal are charged to the Consumer Customer. The return is under the full responsibility of the Consumer Customer himself. INEOST is not liable in any way for theft or loss of products subject to withdrawal; any related risk remains, therefore, the sole responsibility of the Consumer Customer.
The products in relation to which the Consumer Customer has exercised the right of withdrawal must be intact and will be returned in the original packaging, complete in all its parts including the packaging and any accessory documentation.
Once the integrity of the returned product has been verified, INEOST will refund the amount paid for the purchase of the products, including any shipping costs. The amount will be refunded through the same means of payment used by the Consumer Customer for the initial transaction, unless expressly requested otherwise by the Consumer.