Terms and Conditions of spigahome.it
These Terms govern
- the use of this Website e
- any other Agreement or legal relationship with the Owner
in a binding manner. Capitalized expressions are defined in the relevant section of this document.
The User is requested to read this document carefully.
The person responsible for this website is:
Spiga srl products – via De Amicis, 53 – 20123 Milan (Italy)
Owner contact email: email@example.com
To know at a glance
- The right of withdrawal applies only to European Consumers.
- Please note that certain provisions of these Terms may only be applicable to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users who do not act as Consumers. Such limitations are always explicitly mentioned in each affected clause. If not mentioned, the clauses apply to all Users.
CONDITIONS OF USE
Unless otherwise specified, the conditions of use of this Website set out in this section have general validity.
Further conditions of use or access applicable in particular situations are expressly indicated in this document.
By using this Website, the User declares to satisfy the following requirements:
- There are no restrictions relating to Users with respect to whether they are Consumers or Professional Users.
To use the Service, the User can open an account indicating all the data and information requested in a complete and truthful manner.
You can use the Service even without registering or creating an account. In this case, however, certain functions may not be available.
It is the responsibility of the Users to keep their access credentials securely and to preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on this Website.
By creating an account, the User agrees to be fully responsible for any activity carried out with his login credentials.
Users are required to inform the Owner immediately and unambiguously through the contact details indicated in this document if they believe that their personal information, such as the User account, login credentials or personal data, have been violated, unlawfully disseminated or subtracted.
The User is free to close his account and cease using the Service at any time, following this procedure:
- By using the account termination tools available on this Website.
- By contacting the Data Controller at the addresses in this document.
Account suspension and cancellation
The Owner reserves the right to suspend or cancel a User’s account at any time at its discretion and without notice, if it deems it inappropriate, offensive or contrary to these Terms.
The suspension or cancellation of the account does not give the User any right to compensation, reimbursement or compensation.
The suspension or cancellation of an account for reasons attributable to the User does not exempt the User from paying any fees or prices that may be applicable.
Content on this Website
Unless otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.
The Owner takes the utmost care so that the content available on this Website does not violate applicable legislation or the rights of third parties. However, this is not always possible.
In such cases, without any prejudice to the rights and legally enforceable claims, Users are requested to address their complaints to the addresses specified in this document.
Rights on the contents of this Website
The Owner holds and expressly reserves all intellectual property rights on the aforementioned contents.
Users are not authorized to use the contents in any way that is not necessary or implicit in the correct use of the Service.
In particular, but without exclusions, it is forbidden for Users to copy, download, share beyond the limits specified below, modify, translate, process, publish, transmit, sell, grant sub-licenses, transform, transfer / alienate to third parties or create works derived from the content available on this Website, to allow third parties to undertake such activities through their User account or device, even without their knowledge.
Where expressly indicated on this Website, the User is authorized to download, copy and / or share certain contents available on this Website exclusively for personal and non-commercial purposes and on condition that the attribution of authorship of the work is observed as well as the indication of any other relevant circumstance requested by the Data Controller.
The limitations and exclusions provided for by the legislation on copyright remain unaffected.
Access to external resources
Through this Website, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and therefore is not responsible for their content and availability.
The conditions applicable to the resources provided by third parties, including those applicable to any concessions of rights to content, are determined by the third parties themselves and regulated in the relative terms and conditions or, in their absence, by law.
This Website and the Service may only be used for the purposes for which they are offered, according to these Terms and in accordance with applicable law.
It is the User’s sole responsibility to ensure that the use of this Website and / or the Service does not violate the law, regulations or rights of third parties.
Therefore, the Data Controller reserves the right to adopt any suitable measure to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, report any censurable activity carried out through this Site. Web or the Service to the competent authorities – p. ex. the judicial or administrative authority – whenever the User puts in place or there is a suspicion that he puts in place:
- violations of the law, regulations and / or the Terms;
- injury to the rights of third parties;
- acts that may considerably prejudice the legitimate interests of the Data Controller;
- offenses against the Owner or a third party.
“Word of mouth”
This Website allows Users to receive benefits if, thanks to their recommendation, a new User purchases a Product offered on this Website.
To find out all the details and applicable conditions, Users are asked to consult the specific contractual terms in the relevant section of this Website.
The Owner reserves the right to terminate the offer at any time at its discretion.
TERMS AND CONDITIONS OF SALE
Some of the Products offered on this Website as part of the service are subject to a fee.
The rates, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Website.
To purchase the Products, the User is required to register or log in to this Website.
Prices, descriptions and availability of the Products are specified in the respective sections of this Website and are subject to change without notice.
Although the Products on this Website are presented with the utmost accuracy technically possible, the representation on this Website by any means (including, as the case may be, graphic materials, images, colors, sounds) is intended for reference only and not implies no guarantee regarding the characteristics of the purchased Product.
The characteristics of the selected Product will be specified during the purchase procedure.
Each phase, from the choice of the product to the placing of the order, is part of the purchase procedure.
The purchase procedure includes the following steps:
- Users are asked to choose the desired Product and to verify their purchase choice.
- After checking the information visible in the purchase choice, Users can place the order by forwarding it.
Sending the order
Sending the order involves the following:
- The sending of the order by the user determines the conclusion of the contract and gives rise to the obligation of the User to pay the price, taxes and any additional charges and expenses, as specified on the order page.
- In the event that the purchased Product requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the forwarding of the order also constitutes the User’s obligation to collaborate with consequence.
- Once the order has been submitted, a confirmation of receipt of the order will be sent to the Users.
All notifications relating to the purchase procedure described above will be sent to the e-mail address provided by the User for this purpose.
During the purchase process and before placing the order, Users are duly informed of all fees, taxes and costs (including any shipping costs) that will be charged to them.
Prices on this Website:
- include all applicable fees, taxes and costs.
Promotions and discounts
The Owner may offer discounts or special promotions for the purchase of the Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of this Website.
Promotions and offers are always granted at the sole discretion of the Owner.
Repeated or periodic promotions or discounts do not constitute any claim or right that can be enforced by Users in the future.
Depending on the case, discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, the time limitations of promotions and discounts refer to the time zone of the Owner’s office, as indicated in the contact details in this document.
Promotions and discounts can be offered in the form of Coupons.
In case of violation of the conditions applicable to the Coupons, the Owner can legitimately refuse to fulfill his contractual obligations and expressly reserves the right to act in the appropriate judicial offices in order to protect his rights and interests.
Any additional or divergent provisions applicable to the use of the Vouchers shown on the relevant information page or on the Voucher itself prevail in any case, regardless of the following provisions.
Unless otherwise specified, the following rules apply to the use of Vouchers:
- Each Voucher is valid only if used in the manner and within the time period specified on the website and / or on the Voucher;
- The Voucher can only be redeemed in its entirety at the time of purchase – partial use is not permitted;
- Unless otherwise specified, single-use vouchers can be redeemed only once per purchase and can therefore be redeemed only once even in the case of purchases in installments;
- Coupons are not cumulative;
- The Voucher must be used within the specified validity period. Once the term has expired, the voucher will be automatically canceled. Any possibility of claiming rights is excluded, including the reimbursement of the value of the Voucher;
- The User is not entitled to any credit / refund / compensation if there is a difference between the value of the Voucher and the redeemed value;
- The voucher is intended for non-commercial use only. Reproduction, counterfeiting and marketing of the Voucher are strictly prohibited, as are any illegal activities connected with the purchase and / or use of the Voucher.
Means of payment
The details relating to the accepted means of payment are highlighted during the purchase procedure.
Some payment methods are linked to additional conditions or involve additional costs. Detailed information can be found in the relevant section of this website.
All payments are managed independently by third party services. Therefore, this Website does not collect payment data – such as credit card numbers – but receives a notification once the payment is successful.
In the event that the payment made by one of the available means fails or is rejected by the payment service provider, the Owner is not obliged to execute the order. Any costs or commissions arising from the failed or refused payment are the responsibility of the User.
Retention of title
Until the payment of the full purchase price has been received by the Owner, the User does not acquire ownership of the Products ordered.
Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.
At the time of delivery, Users must check the contents of the package and promptly report any anomalies to the contact details indicated in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.
Delivery can take place in the countries or territories specified in the relevant section of this Website.
Delivery times are indicated on this Website or during the purchase procedure.
The Owner is not responsible in any way for any delivery errors deriving from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damage or delays occurring after delivery to the courier if the latter has been instructed by the ‘User.
In the event that the goods are not delivered or collected at the time or within the established term, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree on further measures.
Unless otherwise specified, any delivery attempt starting from the second will be charged to the User.
Duration of the contract
Thanks to the subscription, the User receives a Product either continuously or periodically for a certain period of time.
Paid subscriptions start on the day the Cardholder receives the payment.
To keep the subscription active, the User is required to pay the periodic fee requested promptly. Otherwise, the service may be interrupted.
Termination of subscriptions for an indefinite period
Permanent subscriptions can be terminated at any time by sending a clear and unambiguous notice of cancellation to the Owner, using the contact details shown in this document.
The termination will take effect 30 days after receipt of the notice of termination by the Owner.
Rights of the User
Right of withdrawal
Unless there is an exception, the User may have the right to withdraw from the contract within the term specified below (usually 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.
Who enjoys the right of withdrawal
If one of the exceptions listed below does not occur, Users acting as European Consumers enjoy by law the right to withdraw from contracts concluded online (distance contracts) within the time period specified below for any reason and without the need for justification.
Users who do not meet these requirements do not enjoy the rights described in this section.
Exercise of the right of withdrawal
To exercise the right of withdrawal, the User must send the Data Controller an unequivocal communication of their intention to withdraw from the contract.
To this end, the User can use the standard withdrawal form found in the definitions section of this document. However, the User is free to express his intention to withdraw from the contract in any other suitable form. In order to respect the period within which the right must be exercised, the User must send the declaration of withdrawal before the withdrawal period expires.
When does the withdrawal deadline expire?
- In case of purchase of goods , the withdrawal period expires after 14 days from the day on which the User or a third party – appointed by him and other than the courier – takes possession of the goods.
- In the event of the purchase of several goods ordered together but delivered separately or in the case of the purchase of a single good consisting of several lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party – from them in charge and different from the courier – takes possession of the last of the goods, lots or pieces.
Effects of withdrawal
The Owner reimburses all payments received including, if made, those relating to delivery costs to Users who have correctly exercised the right of withdrawal.
However, the greater cost deriving from the choice of a particular delivery method other than the cheapest standard delivery offered by the Owner, will remain the responsibility of the User.
The reimbursement takes place without undue delay and in any case within 14 days from the day on which the Owner was informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, the refund is made using the same payment method used for the initial transaction. The User does not have to incur any costs as a consequence of the withdrawal.
… On contracts for the purchase of material goods
Unless the Owner has offered to collect the goods, the User is required to return them to the Owner or to another person authorized by him to receive them without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract.
The deadline is met if the delivery of the goods to the courier or other authorized person takes place before the expiry of the 14-day period described above. The refund may be withheld until the goods are received or until the User has provided proof of having returned them.
The User is responsible for the decrease in the value of the goods resulting from a use of the goods other than that necessary to establish their nature, characteristics and functioning.
The return shipping costs are charged to the Owner.
Legal guarantee of conformity of the Product
According to European legislation, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is obliged to ensure that the purchased goods have the promised or reasonably foreseeable quality, functionality or characteristics for at least two years from the moment of delivery to the buyer.
If the Users act as European Consumers, the legal guarantee of conformity of the goods applies to the items available on this Website in accordance with the laws of the country in which they usually reside.
The national laws of that country may grant these Users broader rights.
Consumers who do not act as European Consumers may enjoy compliance guarantee rights under the legislation of the country in which they usually reside.
Limitation of Liability and Indemnity
Limitation of Liability
Nothing in these Terms excludes, limits or modifies any warranty, condition, indemnity, right or protection that the User may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territorial laws and which constitute a right. which cannot in any way be excluded, limited or modified (non-excludable right). To the maximum extent permitted by law, our liability to the User, including liability for the violation of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at the Owner’s discretion, to a new supply of the services or to the payment of the cost for the repetition of their supply.
Disclaimer of Warranty
The Owner provides this Website “as is” and according to availability. The use of the Service is at the User’s own risk. Within the maximum limits permitted by law, the Data Controller expressly excludes the conditions, agreements and guarantees of any kind – whether express, implied, statutory or other, including, by way of example but not limited to, any implicit guarantees of merchantability, suitability for a particular purpose or non-violation of the rights of third parties. No advice or information, whether oral or written, that the User has obtained from the Owner or through the Service will create guarantees not expressly provided for in this document.
Notwithstanding the foregoing, the Owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees do not guarantee that the content is accurate, reliable or correct; that the Service will be available, in an uninterrupted and secure manner, at any particular time or place; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User’s own risk and the User is solely responsible for any damage to the computer system or mobile device or for the loss of data resulting from such operation. or from the use of the Service by the User.
The Owner does not guarantee, approve, guarantee or assume responsibility for any product or service advertised or offered by third parties through the Service or any website or service connected via hyperlink. Furthermore, the Owner does not take part or in any way monitor any transaction between Users and third party suppliers of products or services.
The Service may become inaccessible or not work properly with the User’s browser, device and / or operating system. The Owner cannot be held responsible for any damage, whether perceived or actual, deriving from the content, operation or use of the Service.
Federal laws, some states, and other jurisdictions do not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users special legal rights. Users may have additional rights which vary from state to state. The limitations and exclusions set forth in this Agreement apply within the limits set by law.
Limitation of Liability
Within the maximum limits permitted by applicable law, in no case can the Owner and his subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees be held responsible for
- any indirect, intentional, collateral, particular, consequential or exemplary damage, including, but not limited to, damage resulting from the loss of profits, goodwill, use, data or other intangible losses, arising from or relating to the use, or the inability to use the Service; And
- any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
- any error, lack or inaccuracy in the contents;
- personal injury or material damage, of any nature, deriving from the access or use of the Service by the User;
- any unauthorized access to the Data Controller’s security servers and / or any personal information stored therein
- any interruption or cessation of transmissions to or from the Service;
- any bugs, viruses, Trojans or similar that may be transmitted to or through the Service;
- any errors or omissions in any content or for any loss or damage suffered as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and / or
- the defamatory, offensive or illegal conduct of any User or third parties. In no case can the Owner and his subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees be held responsible for any request for compensation, proceeding, liability, obligation, damage, loss or cost for an amount exceeding that paid by the User to the Owner during the previous 12 months, or for the duration of this Agreement between the Owner and the User, whichever is shorter.
This section on the limitation of liability applies to the maximum extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability derives from a contract, tort, negligence, strict liability or any other basis, even if the Controller had been advised of the possibility of the occurrence of such damage. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights and you may have other rights which vary from jurisdiction to jurisdiction. The waivers, exclusions or limitations of liability provided for in these Terms do not apply beyond the limits provided for by applicable law.
The User undertakes to defend, indemnify and hold harmless the Owner and his subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees from and against any claim or claim, damage, obligation, loss, liability, burden. o debt and expense, including, without limitation, legal fees and expenses arising out of
- the use or access to the Service by the User, including any data or content transmitted or received by the User;
- your breach of these Terms, including, but not limited to, any breach by you of any representations or warranties provided by these Terms;
- the violation by the User of any third party rights, including, but not limited to, any rights relating to privacy or intellectual property;
- the violation by the User of any law, rule or regulation in force
- any content sent from the User’s account, including, but not limited to, misleading, false or inaccurate information and also including the case in which access is made by third parties with the User’s personal username and password or other measures security, if any;
- the User’s malicious conduct; or
- the violation of any legal provision by the User or its affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees, to the extent permitted by applicable law
No implied waiver
Failure by the Owner to exercise legal rights or claims deriving from these Terms does not constitute a waiver of the same. No waiver can be considered final in relation to a specific right or any other right.
Interruption of the Service
To ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other changes, giving appropriate notice to Users.
Within the limits of the law, the Owner reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Data Controller will ensure that Users can extract their Personal Data and information according to the provisions of the law.
Furthermore, the Service may not be available for reasons beyond the reasonable control of the Owner, such as force majeure (eg strikes, infrastructural malfunctions, blackouts, etc.).
Resale of the Service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate resale program.
Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to this Website are held exclusively by the Owner or its licensors and are protected under the laws and international treaties applicable to intellectual property.
All trademarks – word or figurative – and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected pursuant to of the legislation and international treaties applicable to intellectual property.
Changes to the Terms
The Owner reserves the right to change the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.
The changes will affect the relationship with the User only for the future.
Continued use of the Service implies the User’s acceptance of the updated Terms. If the User does not wish to accept the changes, he must cease using the Service. Failure to accept the updated Terms may result in each party having the right to withdraw from the Agreement.
The applicable previous version continues to govern the relationship until acceptance by the User. This version can be requested from the Data Controller.
If required by applicable law, the Data Controller will specify the date by which the changes to the Terms will come into force.
Transfer of the contract
The Owner reserves the right to transfer, assign, dispose of, novate or contract out individual or all rights and obligations under these Terms, having regard for the legitimate interests of Users.
The provisions relating to the modification of these Terms apply.
The User is not authorized to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.
All communications relating to the use of this Website must be sent to the addresses indicated in this document.
If any of the provisions of these Terms should be or become null or ineffective under the applicable law, the nullity or ineffectiveness of this provision does not cause the remaining provisions to be ineffective, which therefore remain valid and effective.
Any invalid or ineffective provision will be interpreted and adapted to the extent necessary to make it valid, effective and compliant with the original purpose.
These Terms constitute the entire agreement between the User and the Owner with reference to the regulated subject and prevail over any other communication, including any previous agreements, between the parties regarding the regulated subject.
These Terms will be implemented to the fullest extent permitted by law.
If a provision of these Terms should be or become null, invalid or ineffective, the parties will endeavor to amicably identify a valid and effective provision replacing the null, invalid or ineffective one.
In the event of failure to agree within the aforementioned terms, if permitted or provided for by applicable law, the null, invalid or ineffective provision will be replaced by the applicable legal discipline.
Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not lead to nullity of the entire Agreement, unless the null, invalid or ineffective provisions under the Agreement are essential or of such importance, that the the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the residual provisions would entail an excessive and unacceptable burden for one of the parties.
The Terms are governed by the law of the place where the Data Controller is established, as indicated in the relevant section of this document regardless of the conflict rules.
Exception for European Consumers
However, regardless of the foregoing, if the User acts as a European Consumer and has habitual residence in a country whose law provides for a higher level of consumer protection, this higher level of protection prevails.
The exclusive competence to know any dispute deriving from or in connection with the Terms rests with the judge of the place where the Owner is established, as indicated in the relevant section of this document.
Exception for European Consumers
The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.
Amicable settlement of disputes
Users can report any disputes to the Owner, who will try to resolve them amicably.
Although the Users’ right to take legal action remains unaffected, in the event of disputes relating to the use of this Website or the Service, Users are requested to contact the Owner at the addresses indicated in this document.
The User can address a complaint to the e-mail address of the Owner indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned.
The Data Controller will process the request without undue delay and within 21 days of its receipt.
Consumer dispute resolution platform
The European Commission has introduced an online platform for alternative dispute resolution that favors the out-of-court settlement of disputes relating to and arising from online sales and service contracts.
Therefore, every European Consumer can use this platform to resolve any dispute deriving from contracts concluded online. The platform is available here .
Definitions and legal references
This Website (or this Application)
The structure that allows the provision of the Service.
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
Any User who does not correspond to the definition of Consumer.
Any digital or paper code or voucher that allows the User to purchase the Product at a discounted price.
European (or Europe)
Defines a User physically present or with registered office in the European Union, regardless of nationality.
Model withdrawal form
Spiga srl products – via De Amicis, 53 – 20123 Milan (Italy)
I / we hereby notify the withdrawal from my / our contract of sale of the following goods / services:
_____________________________________________ (insert here a description of the goods / services from which you intend to withdraw)
- Ordered on: _____________________________________________ (insert date)
- Received on: _____________________________________________ (insert date)
- Name of consumer (s): _____________________________________________
- Address of the consumer (s): _____________________________________________
- Data: _____________________________________________
(sign only if this form is notified on paper)
Owner (or Us)
Indicates the natural or legal person who provides this Website and / or offers the Service to Users.
A good or service that can be purchased through this Website, such as tangible goods, digital files, software, booking services, etc.
The sale of a Product can be part of the Service, as defined above.
The service offered through this Website as described in the Terms and on this Website.
All the conditions applicable to the use of this Website and / or to the provision of the Service as described in this document as well as in any other document or agreement connected to it, in the respectively most updated version.
User (or You)
Means any natural person who uses this Website.
Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to his business, commercial, craft or professional activity.
Last modification: February 2, 2021