Online sales are comparable to mail-order sales and therefore do not require the issuance of an invoice as provided for in Article 22 of Legislative Decree No. 633/1972, nor the obligation to issue a receipt as stated in Article 2, letter oo), of Presidential Decree No. 696/1996.

DEFINITIONS

The term “online sales contract” refers to the purchase and sale contract concerning tangible movable goods of the partner company of spunky-store.com, entered into between said company and the Buyer within the framework of a distance selling system through telematic tools, organized by the Supplier. 

The term “Buyer” refers to the individual consumer who makes the purchase, as specified in this contract, for purposes not related to any commercial or professional activity they may be engaged in. 

The term “spunky-store.com” refers to the entity that promotes the sale of the goods subject to this contract. The term “PARTNER COMPANY” refers to the entity that carries out the sale of the goods subject to this contract.

2) IDENTIFICATION AND OBLIGATIONS OF THE PARTIES

Supplier: The goods covered by these general conditions are offered for sale by the PARTNER COMPANY of spunky-store.com, which is only responsible for the advertising promotion of the goods in question but not for the sale between the parties.

Purchaser: Expressly declares to make the purchase for purposes unrelated to the commercial or professional activity exercised and undertakes not to trade in the purchased items.

3) SUBJECT AND CONCLUSION OF THE CONTRACT

With this contract, respectively, the PARTNER COMPANY of spunky-store.com sells and the Purchaser remotely purchases via telematic means only the movable tangible goods indicated and offered for sale on this site or through our official sales channels. The contract between the PARTNER COMPANY of spunky-store.com and the purchaser is concluded exclusively through the internet through the Purchaser’s access to the address of this site, where, following the procedures indicated, the Purchaser will arrive at formalize the proposal for the purchase of the goods offered for sale.

The purchase contract is concluded and perfected by means of an irrevocable order by the Purchaser with the completion and online submission of the order form, which will be displayed on the printable order summary web page, in which the details of the the originator and the order, the price of the goods purchased and the shipping costs, the methods and terms of payment, the address where the goods will be delivered.

When the PARTNER COMPANY of spunky-store.com receives the order from the Purchaser, it will send a confirmation e-mail and/or display a web page confirming and summarizing the order, printable , which also contains the data entered by the purchaser in the order form. If requested, the sales invoice will be issued by the spunky-store.com PARTNER COMPANY in electronic format.

4) METHOD OF PAYMENT AND REFUND

The PARTNER COMPANY of spunky-store.com agrees to the following payment methods for the purchased products:

* Cash on delivery * Bank transfer * Payment with PayPal * Credit card details are managed directly by banks, specialized in the management of online payments; PayPal data is managed directly by PayPal.

the PARTNER COMPANY of spunky-store.com reserves the right to make a request to the bank issuing the card to verify the authenticity of the ownership of the card itself or to PayPal in case of problems. Any reimbursement to the Purchaser, if he is entitled to it, will be credited by reversal of the payment by credit card, bank transfer or PayPal, at the latest within 30 days. from the date on which the PARTNER COMPANY of spunky-store.com became aware of the cause that generates the right to a refund.

5) TIMES AND METHODS OF DELIVERY

The PARTNER COMPANY of spunky-store.com will deliver the ordered products via the agreed couriers. The products are shipped with special packaging, if it arrives torn or broken, please check the integrity of the product and immediately notify the staff of the spunky-store.com PARTNER COMPANY of the damage

Order fulfillment times may vary, from the day of the order itself to a maximum of 40 working days, within which the product will be delivered. In the event that the PARTNER COMPANY of spunky-store.com is unable to carry out the shipment within this period, the Purchaser will be promptly notified by e-mail, with an indication of the deadline within which the shipment will take place. order. Delivery times may vary according to the country of destination and other factors not directly controllable by the Supplier and not attributable to it.

6) SHIPPING AND DELIVERY COSTS

The delivery of its products within the Italian National Territory will take place without having to pay additional sums with respect to what was already agreed upon when the order was placed. For all other countries, the courier may present a separate invoice with which he requests the payment of the duties and taxes required by the local authorities. The Purchaser who resides in a non-EC country is advised to inquire about local taxes and duties, before placing an order with the Supplier.

Delivery will be made at the house number and not on the floor.

Upon receipt of the goods it is necessary to check:

• that the number of packages delivered corresponds to that indicated in the transport document
• that the packaging is intact and not altered even in the closing tapes.

N.B. The customer is required to sign the consignment note only if the packaging of the goods is intact, in the event of obvious external damage or presumed tampering (e.g. packing tapes) it is necessary to refuse the goods or accept with reserve, making the annotation of the damage on the consignment note which the carrier asks you to sign upon delivery receipt.

8) PRICES

All sales prices of the products displayed and indicated on this website are expressed in euros (€) and constitute an offer to the public pursuant to art. 1336 of the Civil Code, are inclusive of VAT and all other taxes for what concerns delivery within the Italian national territory. For deliveries in EC and non-EC countries, as specified in point 6), the courier may ask the Purchaser for additional amounts for local taxes and duties.

9) PRODUCT AVAILABILITY

the PARTNER COMPANY of spunky-store.com ensures the processing and fulfillment of orders without delay through the telematic system used. Should an order exceed the quantity existing in the warehouse, the PARTNER COMPANY of spunky-store.com, via e-mail, will notify the Purchaser if the good is no longer bookable or what are the waiting times to obtain the good chosen, asking if he intends to confirm the order or not. The Supplier’s computer system confirms the order registration as soon as possible by sending the user a confirmation by e-mail, which does not produce any legal obligation, since it is a simple summary of the order.

10) LIMITATIONS OF LIABILITY

the PARTNER COMPANY of spunky-store.com assumes no responsibility for disservices attributable to force majeure, in the event it fails to execute the order within the time stipulated in the contract. the PARTNER COMPANY of spunky-store.com cannot be held responsible towards the Purchaser, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet beyond its control or that of its sub- providers. the PARTNER COMPANY of spunky-store.com will also not be responsible for damages, losses and costs suffered by the Purchaser following the non-execution of the contract for reasons not attributable to him, since the Purchaser is only entitled to the full return of the price paid. the PARTNER COMPANY of spunky-store.com assumes no responsibility for any fraudulent or illicit use that may be made by third parties, of credit cards, upon payment of the purchased products, if it demonstrates that it has adopted all the ordinary possible precautions of the moment and on the basis of ordinary diligence.

11) LIABILITY FOR DEFECTS, PROOF OF DAMAGE AND REFUNDABLE DAMAGES: THE OBLIGATIONS OF THE SELLER

No compensation will be due if the injured party was aware of the defect in the product and the resulting danger and nevertheless voluntarily exposed himself to it. In any case, the injured party must prove the defect, the damage and the causal connection between the defect and the damage. The injured party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus mainly used by the injured party. the PARTNER COMPANY of spunky-store.com assumes no responsibility for disservices attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events which prevented, in whole or in part, to execute the sales agreement within the agreed times. It will not be liable to any party in respect of damages, losses and costs incurred as a result of failure to perform the sales agreement for the above reasons, or in respect of damages, losses and costs incurred as a result of the use or ‘impossibility to use the products purchased, as the customer has the right only to a possible refund of the price paid, excluding any shipping costs. Likewise, it is not responsible for any fraudulent or illegal use that may be made by third parties of credit cards when paying for the purchased products.

13) BUYER’S OBLIGATIONS

The Purchaser undertakes to pay the price of the purchased goods in the times and in the manner indicated in the Contract. Once the online purchase procedure has been completed, the Purchaser undertakes to print and keep the web page containing the order data. The information contained in this contract has, however, already been viewed and accepted by the Purchaser, who acknowledges it, as a reference to this web page is shown at the time of finalizing the order.

14) RIGHT OF WITHDRAWAL

(ART. 5 Legislative Decree 185/99) The CUSTOMER has the right to withdraw from the contract stipulated remotely, without any penalty and without specifying the reason, by promptly communicating the cancellation within 10 days of the order placed by e-mail to the address of the contact seller@spunky-store.com before having received confirmation as provided above, or before the goods have been shipped. If the goods have already been delivered, the right of withdrawal is exercised by sending, within 10 working days from the day of receipt of the goods, a registered letter with acknowledgment of receipt to the SELLER’s registered office address. This communication must contain the data necessary to identify exactly the order, the clear will to renounce the purchase and the product or products for which it is intended to exercise the right of withdrawal (which must not have been used in any way and which must be returned with the original intact packaging), attaching a copy of the relevant fiscal document (Invoice or Transport Document).

The CUSTOMER is required to return the goods within ten days from the date of receipt of the same. In this case, the only costs payable by the consumer for exercising the right of withdrawal are the direct costs of returning the goods to the sender. The SELLER, on the other hand, undertakes to reimburse the CUSTOMER as soon as possible the sums paid by them as payment of the price, reducing the shipping costs by 25 euros and in any case within thirty days from the date on which, having become aware of the The exercise of the right of withdrawal by the CUSTOMER, receives the ordered goods, intact, at the address agreed with the PARTNER COMPANY of spunky-store.com. The CUSTOMER cannot exercise the right of withdrawal: a) in the case of supply of goods made to measure, clearly personalized or which, by their nature, cannot be returned or are likely to deteriorate or expire rapidly; b) in the event that the failure to collect the ordered goods is attributable to the CUSTOMER’s absence from the place of delivery or, in any case, to his delay or negligence.

15) GOODS EXCHANGE

The PARTNER COMPANY of spunky-store.com also grants the Purchaser the right to exchange goods always within the same article. To obtain the exchange of goods, the Purchaser must send an email to contatc@spunky-store.com always within 10 (ten) working days from the day of receipt with indications of the code of the article or articles that intend to change by indicating the replacement goods.

Once the request has been received, the Customer Service Department of the PARTNER COMPANY of spunky-store.com will send the Purchaser a written confirmation, containing the authorization number for the exchange of goods. The Purchaser must indicate this authorization number for the exchange of goods on the label applied to the package of the products to be returned. In any case, the transport costs for the exchange are borne by the Purchaser. the PARTNER COMPANY of spunky-store.com will not bear the costs necessary to send the product requested in return. the PARTNER COMPANY of spunky-store.com reserves the right to request photographic evidence before authorizing returns or exchanges for allegedly defective products. In the event that they are defective, the PARTNER COMPANY of spunky-store.com will not bear the costs necessary to return the products to its warehouses, a return which the buyer must take care of. We do not accept exchanges or returns of products that have been tampered with or otherwise altered. It will be the Purchaser’s responsibility to ensure the transport of the goods returned for exchange; failing that, in case of theft or loss, the goods will not be refunded. We do not accept returns on sale items or custom made items.

16) PROTECTION OF CONFIDENTIALITY AND PROCESSING OF BUYER’S DATA

spunky-store.com protects the privacy of its Buyers and guarantees that the processing of data complies with the provisions of the privacy legislation referred to in Legislative Decree 30 June 2003, n. 196. The personal and fiscal data acquired directly and/or through third parties by the Supplier who is the data controller, are collected and processed in paper, IT and telematic form, in relation to the treatment methods with the aim of registering the order and activating in towards him the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow an effective management of commercial relations to the extent necessary to best perform the requested service (Article 24 , paragraph 1, letter b, Legislative Decree no. 196/2003). spunky-store.com undertakes to treat the data and information transmitted by the Buyer confidentially and not to reveal them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may be shown only upon request by the judicial authority or by other authorities authorized by law. 

Personal data will be communicated, after signing a commitment to confidentiality of the data, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively for this purpose. The Purchaser enjoys the rights pursuant to art. 7 of Legislative Decree 196/03, i.e. the right to obtain: 

a) updating, rectification or, when interested, integration of data; 

b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed; 

c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment is proves impossible or involves the use of means manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part: i) for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection; ii) to the processing of personal data concerning him for the purpose of sending advertising material or direct sales or for carrying out market research or commercial communication. The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing that, the Buyer’s request cannot be processed. In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will be done in a safe way. The owner of the collection and processing of personal data is spunky-store.com, to which the buyer can address at the company headquarters.

17) COMMUNICATIONS AND COMPLAINTS

Pursuant to art. 12 of Legislative Decree 70/03, spunky-store.com informs the Purchaser that each order sent is stored in digital form on the server where the site resides according to confidentiality and security criteria.

18) METHOD OF FILING THE CONTRACT

Written communications directed to the Supplier and any complaints will be considered valid only if sent to the address

Data Controller

spunky-store.com

Owner’s email address: contacts@spunky-store.com

In the registration form, the Purchaser indicates his residence and domicile, the telephone number or e-mail address to which he wishes communications from the Supplier to be sent.

19) DURATION AND EFFECTIVENESS OF THE CONTRACTUAL CONDITIONS

The confirmation of the order implies acceptance of these general conditions by the Purchaser. These conditions may be updated or modified directly with the transcription of the new regulation on this site. The modification or update will be valid and effective for orders that have not yet been entered and for which the web page, which summarizes the order data, has not yet been viewed and printed.

Contact information: Data Controller spunky-store.com, and Owner’s email address: contacts@spunky-store.com