Welcome to our website spagniTheGift.com (the Site).
Your Privacy and the security of your personal data are very important to SPAGNI L. e C. SRL. (“SPAGNI & SPAGNI”), so we collect and manage your personal data with the utmost care and take specific measures to keep it safe.
Below you will find the main information on the processing of your personal data by SPAGNI & SPAGNI in relation to your browsing of spagniTheGift.com and the use of the services offered. For detailed information on how SPAGNI & SPAGNI manages your personal data, please read our Privacy Notice.
Who is the Data Controller?
Below is the main information on the processing of your personal data carried out by SPAGNI L. e C. SRL with headquarters at via A. Volta 1/E – 42123 Reggio Emilia(Italia) C.F. e P.IVA n. 02280550357 (“SPAGNI & SPAGNI”), as Data Controller.
For any clarification, question or requirement related to your privacy and the processing of your personal data, you can contact us at any time by sending a request to our mail address info@spagniTheGift.com Object: “privacy”, or by writing to the address of SPAGNI L. e C. SRL.
If you wish, you can also contact our Data Protection Officer (DPO) by writing to “Data Protection Officer” by e-mail to the info@spagniTheGift.com Object: DPO
What data do we process and why?
The personal data that SPAGNI & SPAGNI processes is that which you provide to us when you conclude an order and purchase goods, and that which we collect as you browse or use the services offered on spagniTheGift.com. SPAGNI & SPAGNI can then collect data about you, for example, personal details such as name and surname, shipping address and billing address, browsing data and your purchase habits.
Your personal data is processed for the following purposes:
– conclude and execute the purchase contract for goods offered on spagniTheGift.com;
– provide you with the services of spagniTheGift.com such as subscription to the newsletter;
– allow registration to the site and use of services reserved for registered users;
– manage your requests forwarded to our Customer Service.
In the aforementioned cases, the processing of your personal data is legitimate as it is necessary to execute an agreement with you or to provide you with the service that you have specifically requested.
We also conduct statistical surveys and analyses with data in aggregate form to understand how users interact and use the site, in order to improve our offer and our services.
However, only with your express consent will we process your personal data to:
– carry out commercial and promotional communication activities;
– customize the site and the commercial offers based on your interests.
Who will process your data?
Your personal data is processed by personnel duly authorized by SPAGNI & SPAGNI as Data Controller. For organizational and functional needs related to the provision of services on spagniTheGift.com, your data could also be processed by our suppliers. The latter have been evaluated and chosen by SPAGNI & SPAGNI for their proven reliability and competence. Some of these subjects may also be based in non-EU countries and, in these cases, the transfer of your personal data in these countries is carried out in compliance with the guarantees provided by law.
How long do we keep your data?
We keep your personal data for a limited period of time depending on the purpose for which it was collected, at the end of which your personal data will be deleted or otherwise rendered anonymous in an irreversible way. The retention period is different depending on the processing purpose: for example, the data collected during the purchase of goods on spagniThegift.com is processed until the conclusion of all administrative and accounting formalities are therefore stored in accordance with local tax legislation (ten years), that which is used to send you our newsletter until you ask us to stop sending it.
What are your rights?
At any time, depending on the specific processing, you may: revoke your consent to the processing, know which of your personal data we have in our possession, its origin and how it is used, request the update, correction or integration and in the cases provided for by the current provisions, the cancellation, the limitation of processing or oppose their processing. If you wish, you can request to receive your personal data in possession of SPAGNI & SPAGNI in a format readable by electronic devices and, where technically possible, we can transfer your data directly to a third party indicated by you.
If you believe that the processing of your personal data has been carried out illegally, you can file a complaint with one of the supervisory authorities responsible for compliance with the rules on personal data protection. In Italy, the complaint can be presented to the Italian Data Protection Authority (http://www.garanteprivacy.it/).
This information may be subject to changes and additions over time, so we invite you to check the contents periodically. Where possible, we will try to immediately inform you of any changes made.
1. General information
Who is the Data Controller?
SPAGNI L. e C. SRL . (“SPAGNI & SPAGNI”) with headquarters at via A. Volta 1/E – 42123 Reggio Emilia (Italia) C.F. e P.IVA n. 02280550357 (“SPAGNI L. e C. SRL) is the Data Controller, that is, the subject which decides how and why to process your personal data.
You can always contact SPAGNI & SPAGNI by writing to the above address, or writing to our mail address info@spagniTheGift.com Object: “privacy”.
Who is the Data Protection Officer?
SPAGNI & SPAGNI has appointed a Data Protection Officer.
If you wish, you can contact the Data Protection Officer (“DPO”) of YOOX for any request regarding the protection of your personal data and the exercise of your rights, by writing to “Data Protection Officer” at the address above, or by e-mail address info@spagniTheGfit.com Object: DPO
2. What personal data do we collect?
The categories of personal data that SPAGNI & SPAGNI collects and processes when you browse or purchase on spagniTheGift.com are as follows:
a) we collect the personal data necessary to conclude and execute your purchase on spagniTheGift.com such as name and surname, e-mail address, shipping address, billing address, telephone and payment details;
b) we collect your e-mail address when you sign up for our newsletter service;
c) we process the personal data you provide us when you contact our Customer Service to provide the assistance requested;
d) upon your consent, we collect and use your personal data for marketing purposes;
e) for the registration of your personal account, we collect your name and surname, your e-mail address, password. If you are a registered user, we collect information about your access to the reserved part of the site. With your express consent, by analyzing your personal data we can process information regarding your interests and preferences with respect to our products and services in order to present proposals and offers in line with your tastes. We also collect information about you from third parties and, in particular, from Facebook and Google+. This information includes the following data categories: e-mail address.
f) we collect information about your browsing on spagniTheGift.com, such as the pages you visit and how you interact with the single page and we save this information on our servers.
g) in the event that you provide personal data of third parties to SPAGNI & SPAGNI, for example in cases where you decide to purchase a product to be delivered to a friend, or to give a gift, SPAGNI & SPAGNI will arrange for the third party to deliver the Privacy Notice at the time of the first communication. We remind you that the use of personal data of third parties is subject to the discipline regarding the protection of personal data.
We inform you that SPAGNI & SPAGNI does not process personal data relating to minors. If you access spagniTheGift.com and use the services offered by SPAGNI & SPAGNI, you declare that you are of legal age.
3. How do we use the personal data we collect?
SPAGNI & SPAGNI collects and processes your personal data for the following purposes:
a) to conclude and execute the purchase agreement for the products offered on spagniTheGift.com. When you complete your purchase, we ask you for the personal data necessary for the execution of the agreement, such as payment, anti-fraud checks if you choose to pay by credit or debit card, billing, shipping of the product and possible management of the return.
b) registration on the website and use of the services offered to registered users. Registration on the website is possible through the inclusion of some personal information which is necessary to ensure your identification and the performance of services offered to registered users.
c) provision of the services offered on spagniTheGift.com. For this purpose, in relation to each service and its characteristics, SPAGNI & SPAGNI needs to collect the personal data necessary for the performance of the service requested by you.
d) management of requests to our Customer Service, which uses the personal data you provide to meet your requests for information and requests for assistance.
e) sending of CV. If you send us your CV to be considered for an application to an open position, we will use the information contained in your CV exclusively for this purpose. Your CV will be kept for a maximum period of six months, after which it will be deleted: if you wish, you can of course send us a new updated version.
f) statistical analysis and surveys. We use some information about your use of the site to perform statistical analysis and surveys in order to improve our offer and our services;
g) sending commercial and promotional communications following the purchase of one of our products. Following the purchase of one of our products on the site, we will send you communications containing our business proposals and related products and services to the e-mail address that you provided us.
h) subject to your express consent, we may use the contact details you have provided for commercial communications on our products and services, in order to update you on news, new arrivals, exclusive products, our offers and promotions. In addition, always with your consent, we will be able to use your contacts as part of market research and surveys for the detection of satisfaction in order to improve our services and the relationship with our users. These communications will take place exclusively with the methods you have chosen (via e-mail, telephone, paper mail, WhatsApp).
i) only with your consent, SPAGNI & SPAGNI will be able to personalize your experience as a registered user on spagniTheGift.com, proposing previews and offers in line with your tastes and sending you commercial communications tailored to your interests, these communications will only take place in the manner you selected (via e-mail, telephone, paper mail, WhatsApp). The personalization will be done by analyzing your previous purchases and other information described in the previous paragraph “What personal data do we collect?”. Should you wish to authorize the activities referred to in points h) and i) and subsequently do not wish to receive further communications from SPAGNI & SPAGNI or would like to limit the way in which to be contacted, you may interrupt these communications at any time by simply clicking on the appropriate unsubscribe link at the bottom of each communication, accessing your personal account, contacting SPAGNI & SPAGNI to our email address info@spagniTheGift.com Object: “privacy” or by writing to the above address.
We inform you that you may receive further communications from us even after submitting your unsubscription request, as some submissions may have already been planned, our systems may take some time to process your request.
In relation to all the activities mentioned above, we will process your personal data mainly through IT and electronic means; the means we use guarantee high safety standards, in full compliance with current legislation.
4. Your Personal account
When creating your Personal Account, we offer you the possibility to use the following services:
• My orders: follow the shipment of your orders, change or return items that are not for you and see your order history.
• Dream Box: save the items you most want and keep an eye on their availability.
• My data: manage your registration data.
• My addresses: save or modify your addresses to always have them available and complete your purchases faster.
• My cards: save or modify the cards you use for your purchases and complete your orders quickly and always in a secure manner.
With your express consent, SPAGNI & SPAGNI will be able to customize your experience and the contents of commercial communications and offers that you will see when you browse on SpagniTheGift.com as a registered user, based on your interests. This activity allows you to facilitate the search for products and services that are of more interest to you and at the same time allows us to improve our offer for you. Personalization is made possible by the analysis of your personal data in our possession, described in the previous paragraph “What personal data do we collect?”. In particular, the information on purchases you have made in the past and those relating to the sections of the site you visit most often or the services you use most often help us to understand which products and services you are most interested in.
To ensure that the information in our possession is correct and allow us to perform the activities described above, we invite you to access to your Personal Account, if you deem it necessary, to update them.
5. Legal basis of the processing
We process your personal data only in the presence of one of the conditions provided for by the law in force, and specifically:
a) for the conclusion and execution of a contract of which you are a part.
When we process your data for the conclusion of the purchase agreement of which you are a part, we ensure that we only use the minimum information necessary for the execution of this. This basis legitimizes the processing of personal data that takes place in the following activities:
– conclusion and execution of a purchase agreement for the products offered on spagniTheGift.com;
– registration on the website and use of services reserved for registered users;
– provision of services offered on spagniTheGift.com;
– management of your requests by our Customer Care.
The contribution of your personal data for these activities is a contractual obligation. You are free to communicate your data or not, but in the absence of the requested data, it will not be possible to conclude or execute the agreement and your requests. This means that you will not be able to purchase the products and you will not be able to use the SPAGNI & SPAGNI services and that SPAGNI & SPAGNI will not be able to handle your requests;
b) to comply with a legal obligation.
In the event of conclusion of an agreement for the purchase of goods on spagniTheGift.com, the processing of the user’s data will take place in order to fulfill the legal obligations to which SPAGNI & SPAGNI complies with in accordance with the tax provisions and other regulations to which SPAGNI & SPAGNI is subject. You are free to decide whether to conclude an agreement and whether or not to disclose your data, but if you conclude it, your data will be necessary and will be processed to effect the aforementioned legal obligations to which SPAGNI & SPAGNI is required.
The processing of voluntarily sent CV, carried out to evaluate candidates with respect to a possible job position at SPAGNI & SPAGNI, is legitimate because it is expressly authorized by a law, which specifies that in this case the consent of the person to whom the personal data refers is not required. You are free to send us your CV or not, but without it we will not be able to evaluate your candidacy for a job position at SPAGNI & SPAGNI;
c) for our legitimate interest.
If you purchase products on spagniTheGift.com by credit or debit card, some of your personal data may be processed to carry out anti-fraud activities: we have a legitimate interest in carrying out this activity to prevent and pursue any fraudulent activity. For internal administrative purposes, data may be processed by companies belonging to SPAGNI L. e C. Srl
d) based on your consent.
We will carry out the following processing only if you have given us your express consent:
• carrying out marketing activities and opinion polls and market research;
• analysis of your browsing and consumption habits in the use of your personal profile, in order to personalize your experience on our site.
Providing your personal data for these activities is absolutely optional. You are free to provide us with your data for these purposes, but without it, it will not be possible for SPAGNI & SPAGNI to carry out marketing activities, opinion polls and market research, and to analyses your habits.
6. Who will process your data?
Your personal data will be processed by SPAGNI & SPAGNI internal staff who are specifically trained and authorized to process.
Your personal data will also be transmitted to third parties that we use to provide our services; these subjects have been adequately selected and offer a guarantee of compliance with the rules on the processing of personal data. These persons have been appointed as data controllers and carry out their activities according to the instructions given by SPAGNI & SPAGNI and under its control.
The third parties in question belong to the following categories: banking operators, internet providers, companies specialized in IT and telematics services; couriers; companies that carry out marketing activities; companies specialized in market research and data processing.
Your data may be transmitted to police and judicial and administrative authorities, in accordance with the law, for the detection and prosecution of crimes, the prevention and protection from threats to public security, to allow SPAGNI & SPAGNI to ascertain, exercise or defend a right in court, as well as for other reasons related to the protection of the rights and freedoms of others.
7. Extra-EU data transfer
Some of the third parties listed in the previous paragraph “Who will process your data?” may be located in countries outside the European Union that nevertheless offer an adequate level of data protection, as established by specific decisions of the European Commission (http://www.garanteprivacy.it/home/provvedimenti-normativa/normativa/normativa-comunitaria-e-intenazionale/trasferimento-dei-dati-verso-paesi-terzi#1).
The transfer of your personal data to countries that do not belong to the European Union and that do not ensure adequate levels of protection will be performed only after conclusion between SPAGNI &
SPAGNI and said subjects of specific agreements, containing safeguard clauses and appropriate safeguards for the protection of your personal data which are so-called “standard model clauses”, also approved by the European Commission, or if the transfer is necessary for the conclusion and execution of an agreement between you and SPAGNI & SPAGNI (for the purchase of goods offered on our site, for registration on the website or the use of services on the website) or for the management of your requests.
8. How long do we keep the data?
We keep your personal data for a limited period of time, which is different depending on the type of activity that involves the processing of your personal data.
After this period, your data will be permanently erased or otherwise rendered anonymous in an irreversible way.
Your personal data is stored in compliance with the following terms and criteria: a) data collected to conclude and execute agreements for the purchase of goods on spagniTheGift.com: until the administrative and accounting formalities have been completed. The billing data will be kept for ten years from the billing date;
b) data of the registered user: the data will be stored until you request cancellation of your Personal profile;
c) data relating to the payment: up to the certification of the payment and the conclusion of the related administrative and accounting formalities resulting from the expiration of the right of withdrawal and the terms applied for the contestation of the payment;
d) data collected in the context of the use of services offered on spagniTheGift.com to the user: these data are retained until the termination of service or cancellation of the subscription to the service by the user;
e) data related to user requests to our Customer Care: the data useful to assist you will be kept until your request is met;
f) CV: for six months from receipt;
g) data used for commercial communication activities towards users who purchase products on spagniTheGift.com: this data is kept until the termination of service or the exercise of the opposition by unsubscription by the user;
h) data provided for commercial communications activities, opinion polls and market research: up to the request by the user to interrupt the activity and in any case within 2 years from the last interaction of any kind of user with SPAGNI & SPAGNI;
i) data used to personalize the site and to show customized commercial offers: as long as the user does not request the termination of the activity and in any case within two years from the last interaction of any kind of user with SPAGNI & SPAGNI;
j) data used for carrying out market research and surveys for the detection of satisfaction: as long as the user does not request the termination of the activity.
In any case, for technical reasons, the termination of the processing and the subsequent cancellation or irreversible anonymization of the related personal data will be final within thirty days of the terms indicated above.
9. Your rights
You can exercise your rights at any time with reference to the specific processing of your personal data by SPAGNI & SPAGNI. Below is their general description and how to practice them.
a) Access your data and modify it: you have the right to access your personal data and to request that it be correct, modified or integrated with other information. If you wish, we will provide you with a copy of your data in our possession.
b) Revoke your consent: you can revoke a consent you have given for the processing of your personal data in relation to any activity for marketing purposes at any time. In this regard, we remind you that marketing activities are considered the sending of commercial and promotional communications, the conduct of market research and surveys for the detection of satisfaction for the customization of the website and commercial offers according to your interests. Once we receive your request, it will be our duty to promptly cease to process your personal data based on this consent, while different processing or that which is based on other assumptions will continue to be carried out in full compliance with the provisions in force.
c) Opposition to the processing of your data: you have the right to object at any time to the processing of your personal data made on the basis of our legitimate interest, explaining the reasons that justify your request; before accepting it, SPAGNI & SPAGNI will have to evaluate the reasons for your request.
d) Delete your data: you may request the cancellation of your personal data in the cases provided for by current legislation. Once your request has been received and examined and if it is legitimate, it will be our duty to timely cease to process your personal data and to delete it.
e) Request of restriction of the processing: in this case, SPAGNI & SPAGNI will continue to keep your personal data but will not process it, unless it is subject to your different request and the exceptions established by law. Processing of your personal data can be limited when you dispute the accuracy of your personal data, when the processing is illegal but you oppose the cancellation of your data, when we no longer need your personal data but you need to exercise your right in court and when you oppose your processing, in the period in which we evaluate the reasons for your request.
f) Request of data transfer to other party than SPAGNI & SPAGNI (“right to data portability”). You can ask to receive your data that we process based on your consent or on the basis of an agreement with you in a standard format. If you wish, where technically possible and at your request, we may transfer your data directly to a third party that you indicate.
In order to exercise some of your rights described above you can access your Personal Account or alternatively you can contact us by writing to our mail address info@spagniTheGfit.com Object: “privacy”, or by writing to the address of the Data Controller above.
In order to ensure that our users’ data is not infringed or illegitimate by third parties, we will ask you for some information to be sure of your identity before accepting your request to exercise one of the rights indicated.
10. Security measures
We protect your personal data with specific technical and organizational security measures, aimed at preventing your personal data from being used illegitimately or fraudulently. In particular, we use security measures that guarantee: the pseudonymisation or the encryption of your data; the confidentiality, integrity, availability of your data as well as the resilience of the systems and services that process them; the ability to restore data in the event of a data breach. Furthermore, SPAGNI & SPAGNI agrees to test, verify and regularly evaluate the effectiveness of technical and organizational measures in order to guarantee continuous improvement in the security of processing.
If you believe that the processing of your personal data has been carried out illegally, you can file a complaint with one of the supervisory authorities responsible for compliance with the rules on personal data protection.
In Italy, the complaint can be presented to the Italian Data Protection Authority.
More information on the presentation methods are available on the website of the Italian Data Protection Authority, at http://www.garanteprivacy.it.
12. Changes to this information
Therefore, we invite you to periodically check the contents: where possible, we will try to inform you promptly on the changes made and their consequences in In any case, the updated version of the privacy statement will be published on this page, with indication of the date of its last update.
13. Legislative references and useful links
The processing of your personal data is carried out by SPAGNI & SPAGNI in full compliance with the regulations on the matter pursuant to the General Data Protection Regulation (EU) 2016/679, the rules on the processing of Italian personal data and the provisions of the Italian Data Protection Authority (http://www.garanteprivacy.it).
Last update May 23, 2018
GENERAL TERMS AND CONDITIONS OF SALE
Welcome to our website spagniTheGift.com
Access to and use of spagniTheGift.com is regulated by the following General Conditions of Sale. Access to and use of these website as well as the purchase of products on spagniTheGift.com involve reading, understanding and the acceptance of these terms and conditions of sale.
The website spagniTheGift.com is owned by SPAGNI L. e C. SRL with fully paid capital of 50,000.00 euros.
Enlisted to the Mercantile and commerce registry of Reggio Emilia – num. 02280550357
Headquarters in Via A. Volta 1/E – 42123 Reggio Emilia – Italy
You may contact SPAGNI & SPAGNI for any information by e-mail through the contact us section.
1 – OUR TRADE POLICY
SPAGNI L. & C. SRL (SPAGNI) sells the products found on its website spagniTheGift.com exclusively to final consumers.
‘Consumer’ shall mean any individual acting for purposes which do not include trading, business, craft or profession.
All orders that clearly do not constitute a sale to the consumer, and in general, any fraudulent order or deemed such by exclusively SPAGNI & SPAGNI shall be null and as if it wasn’t received
SPAGNI reserves the right not to process orders received from users who are not “Consumers”, and any other order which does not comply with SPAGNI’s business policy.
These Conditions of Sale exclusively regulate the offer, transmission and acceptance of purchase orders for products on spagniTheGift.com among users / consumers and the seller SPAGNI & SPAGNI).
2- FORMATION OF THE CONTRACT – GUARANTEES AND PRODUCT PRICE INDICATION – PLACING ORDERS
The prices of products sold on the websites spagniTheGitf.com are quoted in Euros and are the prices applicable at the time of the Order.
The prices of products may be subject to updates. The User is asked to inspect such prices regularly.
The prices of the products sold on the website are applied within the framework of distance selling via Internet and therefore they might be different from the prices applied at the local points of sale SPAGNI & SPAGNI.
Product prices are inclusive of VAT (sale tax) valid at the time the Order. Any amendment and change to the law on the VAT rate applicable will be automatically reflected in the price of products sold by SPAGNI & SPAGNI through the spagniTheGift.com Site.
Product prices do not include shipping costs, which are calculated and charged in addition to the product prices. Shipping fees vary according to the shipping method selected by Customer at the time of the Order.
The main characteristics of each product are shown on spagniTheGift.com within each product page.
The images and the colors of the products sold on spagniTheGift.com may not correspond faithfully to the real ones due to internet browser effects and/or the monitor used by the Customer or due to any other possible malfunction independent and unrelated to SPAGNI & SPAGNI.
SPAGNI & SPAGNI encourages the Customer to consult regularly the General Conditions of Sale and urge you to take a full view before a possible purchase on spagniTheGift.com
The order form contains a summary of information with the characteristics of each product ordered and the relative price (including all applicable fees and taxes), the means of payment that the Consumer may use to buy each product and the method of delivery of for purchased products, as well as shipping and delivery costs.
The contract will be concluded when the seller receives the order form online, after verifying the correctness of the order data.
Before proceeding to purchase the products submitting the order form, we invite you to carefully read the General Conditions of Sale and the Information on the right of withdrawal of the order. You can print a copy for your own personal use and record.
Orders are subject to exclusive approval of SPAGNI & SPAGNI.
The seller reserves the right not to process the order in case of discrepancies on the information provided in the order form, specifically in case there aren’t sufficient guarantees of solvency , or data that are incorrect or incomplete, or in case products are not available, or again, in case Consumer has provided misleading information.
In case of an unsuccessful order placement or inability to accept the order, the communication will be sent via email by SPAGNI & SPAGNI stating and reporting the reasons to the customer. The communication will be given in quick times and however within 30 business days from the placement of the order. The customer will be able to check the details of the order and to correct the information before the new confirmation and dispatch.
In case the products are not available for orders that have already been forwarded and paid, the seller will refund the amount already paid by the client.
Afterwards, within an hour after placing order, the customer will still be able to cancel the order by sending an email to firstname.lastname@example.org, or in case that more than one hour passed from the forwarding of the order, by exercising on right of withdrawal.
If you, in quality of Buyer, do not agree with some of the points set out in the Conditions of Sale, please do not submit the order for the purchase of products on spagniTheGift.com.
Once the contract is concluded, SPAGNI & SPAGNI will send the Buyer an email receipt of the purchase order containing all the information already displayed at the time of the closure and of the order. A second e-mail will be sent to you upon the shipment of the order. The order will be filed in our database and can be consulted by the Buyer at any time by logging into your personal account.
The buyer is responsible for the purchase for himself or herself and / or on behalf of third parties and is obliged to follow the rules and restrictions applicable both for export from the country where you obtained it and import into a country in which he/she intends to take the products.
SPAGNI & SPAGNI disclaims any responsibility from now on.
SPAGNI & SPAGNI recommends that the Buyer keep the e-mails received by spagniTheGift.com on paper or electronically.
The buyer is informed that the above-mentioned e-mails will be sent to the email address entered by the Buyer when he/she creates the account and / or records for the purchase as “guest” (ie User registered).
SPAGNI & SPAGNI is not responsible for matching data (e-mail) by the purchaser entered incorrectly and therefore the seller is not responsible for the missed receipt of the order derived from such erroneous data or for the incorrect sending of e-mails by the buyer due to errors of communication initiated by the Buyer himself/herself.
The Seller (SPAGNI & SPAGNI), in case of exercise of the right of withdrawal by the Purchaser has the right to refuse the return or not fully repay the amounts paid for the purchase, in relation to those products that have been altered in their characteristics and / or qualitative features or that have been damaged as further clarified in paragraph 8
3 – PRODUCT INFORMATION, PRODUCTS AVAILABILITY AND PRICES
In case a product is not available at the time the order is placed, SPAGNI & SPAGNI reserves the right to substitute it with a different product of the same value or of superior value. If the customer explicitly asks not to substitute eventual unavailable products, the order will be filled with only the ordered products available, and SPAGNI & SPAGNI will proceed to refund the value of the sold-out product.
The Gift Boxes only contain the products listed at the time of the order. The vintages of wines may vary depending on the availability, while decorative objects portrayed in pictures are not included in the gift box.
All the indicated objects are subject to availability.
By placing an order for alcoholic products, the user confirms that he or she is at least 18 years old.
Tenders and products offerings from SPAGNI & SPAGNI are valid at all times in which they are published on the spagniTheGift.com website and within the limits of available stocks.
In the event that, after sending the Order, a partial unavailability of the products occurs, the Buyer will be notified immediately by e-mail.
SPAGNI & SPAGNI will proceed to process the order excluding the missing product and deducting the amount corresponding to only product unavailable from the total of the order initially placed.
In the event that the Buyer expresses his or her intention by e-mail to shop@spagniTheGift.com to cancel the order previously transmitted and for which it had been notified of the non-availability of a product, the entire order will be canceled and we will proceed with the return of the amount already paid.
Products are invoiced in Euro at the price in effect at the time you place your order.
Prices shown on the website include Value Added Tax which will be applied at the current rate.
It’s our commitment to try to ensure that all details, descriptions and prices are correct when appearing online, but some products may be subject to slight variations. If, however, we discover an error in the price of products you ordered, we will contact you as soon as possible. You will have the opportunity to reconfirm the order at the correct price or cancel it.
4 – LIABILITY FOR DEFECTIVE PRODUCTS
As for damages caused by a defective product, we refer to the European law 85/374/EEC and to Italian Legislative Decree n.206/2005 (Italian Consumer Code)
The seller (Spagni) in quality of distributor of products through his website, becomes free of any
responsibility, without exception, indicating the original producer’s data. The producers are responsible for all products sold on the website spagnithegift.com. The producers are also responsible for the truthfulness and completeness of any information stated on the labels and packaging.
The images on this website are provided to Customer to facilitate the recognition of the products; due to changes in the packaging by the manufacturer, the photos may not exactly reflect the appearance of the product delivered.
5 – PAYMENTS
The methods of payment for products and related shipping and delivery costs are clearly stated and reported on the order form. The customer will be able to choose between Credit Card – PayPal – Bank Transfer.
Any order is payable in Euros, including taxes and applicable contributions. Any bank fee and charge for the transaction will be paid by the Client.
SPAGNI & SPAGNI has the right to cancel or suspend the execution of an order and the delivery of products ordered in case of non-payment or partial payment, delayed payment, or in cases of fraud, as well as attempted fraud using this website spagnithegift.com .
Customers Security Policy in transaction payments. In case of payment by credit card, all details (for example: the number of credit / debit card or the expiration date) will be protected by cryptographic protocol and sent to institutes that provide their remote electronic payment services, excluding access in any way to third parties.
SPAGNI uses means of safe payments in compliance with the internationally recognized protocols Verified by Visa (VbV) and MasterCard Secure Code (SCM) – These transactions are protected by the highest levels of security
Banking information provided by the customer when placing the order, will be used by SPAGNI & SPAGNI only and exclusively to confirm procedures of purchase or to perform refunds in the case of situations covered by the ‘exercise of the right of withdrawal;
if necessary to prevent frauds on the Internet, information about the purchaser’s order may be sent to law enforcement agencies, and frauds commissions.
The price indicated in the order form for the purchase of the products and the shipping and delivery costs will be charged on the customer’s account when the purchased products are shipped out, except in the case of payment by bank transfer.
6 – VOUCHERS
Vouchers are essentially coupons that allow the Buyer to receive discounts for purchases on the website Spagnithegift.com
SPAGNI may decide to offer customers discount vouchers:
– Voucher for a specific amount: the customer will be able to use the voucher by entering the discount code given by spagnithegift.com in the order cart. These vouchers may be used only once and will need to be applied to a single product in the order cart. Once discount code is obtained, go to your shopping cart where you placed the products you intend to buy, enter the discount code in the appropriate box and click “Apply”. If the value of product is below the voucher, the residual difference of the voucher will be lost.
Vauchers’ limitations: It’s not possible to cumulate and use more than one voucher in the same order. The vouchers are only applicable to single products in the order and cannot, in any case, be converted to cash.
7 – SHIPPING AND DELIVERY
For specific delivery methods and delivery of products, the Buyer is invited to access the ‘ shipping and delivery’ section. The Purchaser is asked to pay attention to what is reported in this section because the conditions contained therein form an integral and essential part of these General Conditions of Sale and, therefore, the buyer is considered fully aware and in agreement at the time of submission of the order form.
8 – CUSTOMER ASSISTANCE
The Buyer may request any information via our customer services: shop@spagniTheGift.com and accessing the contact us area.
9 – RETENTION OF TITLE
Spagni will own the ordered products until the customer has made the payment of the order including taxes, shipping costs and any other additional cost.
10 – RIGHT OF WITHDRAWAL
The Purchaser has the right to terminate its contract with the seller, without penalty, within fourteen (14) working days from the day of receipt of goods purchased on spagniTheGift.com.
The Buyer is invited to carefully read the document Right of Withdrawal in the Shipment section because the conditions contained therein form an integral and essential part of these General Conditions of Sale and, therefore, and are therefore considered fully known and accepted by the Purchaser at the time of submission the order form.
To cancel the contract the Purchaser may use the Return Form (according to the module type in accordance with article 49 paragraph 4 of the Consumer Code) to compile and submit directly from spagniThegGift.com site, or prepare and send the seller other unequivocal statements of the decision to terminate the contract. In this case the burden of proving the proper and timely exercise of the right of withdrawal, will weigh on the Purchaser.
Once exercised the withdrawal from the contract, the Purchaser shall return the products to Spagni & Spagni delivering them to the carrier for shipment within fourteen (14) days from the date of dispatch of the withdrawal statement.
An essential condition for exercising the right of withdrawal is the substantial integrity of the property to be returned. The packaging of the products must be sealed as in the original form, products must not be opened or damaged. Under the law, the Buyer / consumer is solely responsible for the decrease in value of the goods resulting from a different handling than what is necessary to establish the nature and characteristics of the assets (art. 57 Legislative Decree no. 206/2005).
The only costs to the Buyer are those incurred for the return of the purchased products, except in the case that Spagni & Spagni expressly exempted the Purchaser from such expenses when the order was placed and to the further condition that the purchaser makes use of the shipping agent indicated by spagniTheGift .com in the Return form.
If the Buyer decides to use the shipper indicated by SpagniTheGift.com in the Return Form, he/she shall be relieved of any liability in case of loss or damage of goods during transport and will not be require to make any payment related to such damage/loss. The cost of shipping in this case will be paid by Spagni & Spagni on behalf of Buyer and will be deducted from the refund in a lump sum equal to the standard shipping cost of the products.
If the Buyer decides to use a different method of delivery than that indicated by SpagniTheGift.com in the Return Form, he/she will be responsible for the payment of costs related to the return of purchased products. In such a case the Buyer will not be reimbursed the costs incurred for choosing a type of shipment and delivery other than that indicated by SPAGNI & SPAGNI and Buyer will burden the responsibility of loss or damage of goods during transport.
If the return right is exercised in the manner and terms described, the Vendor shall refund the amounts paid for the purchase of products on the conditions and terms provided. The sums will be refunded to the Purchaser as quickly as possible and in any event within fourteen (14) days from the date on which the Seller is aware of the exercise of withdrawal rights. SPAGNI & SPAGNI will activate the refund procedure, once we verify the correct execution of the terms and conditions stated above.
If the party placing the order does not comply with the procedures and terms for the exercise of withdrawal rights previously indicated, the Buyer shall not be entitled to reimbursement of the amount paid to spagniTheGift.com.
The Purchaser is responsible for the decrease in value of the returned products; in the case of damage or loss in value, a percentage between 10 and 90 percent of the sums already paid by the buyer to the seller for the purchase of the returned products will be deducted from the refund, according to what will be specifically communicated to the Buyer via e-mail, by the Seller.
11 – REFUND TIMES AND METHODS
After returning products, Spagni & Spagni shall check the conformity thereof to the conditions and time limits specified in paragraph 10. In the event that the checks are successfully concluded, the Purchaser will receive via e-mail, confirmation of acceptance of the returned products. In the event that the checks are not concluded positively, the Buyer will receive email notification of detected existence of a decrease in value of the returned products, arising from any breach by the Purchaser of the conditions of the right of withdrawal.
Whatever the method of payment used by the Buyer, the reimbursement, in whole or in part, is activated by the Seller in the shortest time possible and in any event within fourteen (14) days from the date on which the Seller gets acquainted with the right of withdrawal after verification of proper implementation of this right of withdrawal and verification of the returned products. The repayment of the sums relating to the exercise of the right of withdrawal, will be completed by the Seller towards the party who made the initial payment.
12 – PRIVACY
For any additional information in regard to privacy You may contact SPAGNI & SPAGNI at the email address info@spagniTheGift.com mail
13 – APPLICABLE LAW AND DISPUTE RESOLUTION
General conditions of sales are governed by Italian law (L. D. 6 September 2005 n. 206, the Consumer Code – L. D. 9 April 2003 n. 70 for electronic commerce).
In the case of disputes between the Seller and each end user, arising from the General Conditions of Sale, the Seller warrants, as of now, the full agreement and acceptance of the conciliation service RisolviOnline. RisolviOnline is an independent and institutional service provided by the Chamber of Arbitration of the Chamber of Commerce of Milan, allowing you to reach a satisfactory agreement, with the help of a competent and neutral conciliator, in a friendly and safe way, on the Internet. For more information on RisolviOnline regulations or to send a conciliation request visit risolvionline.com.
In addition, the European Commission provides a platform for the resolution-of-court alternative dispute accessible on the site http://ec.europa.eu/odr
14 – MODIFY AND UPDATE
Spagni reserves the right to amend and update the General Conditions of Sale without notice, in accordance to new laws and modification of existing laws. The new General Conditions of sale will be effective immediately from the date of publication on spagnithegift.com website.
Last update May 23, 2018
GENERAL TERMS AND CONDITIONS OF USE
Welcome to our website spagniThegift.com
1 – INFORMATION ON THE SELLER AND TRADE POLICY
This web site is managed and maintained by SPAGNI L. and C. SRL.
The products purchased on spagniTheGift.com are sold directly by SPAGNI L. and C SRL with registered office in Italy, Via A. Volta 1 / E – 42123 Reggio Emilia, registered in the Companies Register of Reggio Emilia, C. F. and VAT number 02280550357, share capital Euro 50.000,00 int. Vers ..
SPAGNI L. and C. SRL (SPAGNI & SPAGNI) sells products on its Web site spagniTheGift.com exclusively to users / consumers. “Consumer” means a natural person acting for their own purposes, and not part of entrepreneurial activity, commercial activity, craft or professionial activity.
All orders that clearly do not constitute a sale to the consumer, and in general, any fraudulent order or deemed as such exclusively by SPAGNI & SPAGNI shall be null and therefore not received.
The services to which you may access through this web site, as well as any new use as compared to the current use, such as the launch of new services by SPAGNI & SPAGNI, will be subject to the Conditions of Use. You acknowledge that SPAGNI & SPAGNI is not responsible for the availability and utilization of the services.
You can always contact SPAGNI & SPAGNI by e-mail through the contact us section.
Changes and updates of the General Conditions of Use will be notified to the users in the homepage of spagniTheGift.com as soon as they are adopted and will be binding once posted on the Web site in this section.
Accordingly, we recommend the User to regularly access this section to verify the publication of the most recent and updated General Conditions of Use of www.spagniTheGift.com.
The General Conditions of Use are subject to the rules contained in the Decree. September 6, 2005, n. 206 (Consumer Code) and, in particular section of the Consumer Code in respect of distance contracts. It is understood that any reference in www.spagniThegGift.com website has products or other kind does not constitute an offer to sell, and that the images relating to the products, as well as the ways in which they will be presented within the site www.spagniTheGift .com have purely illustrative purposes of SPAGNI & SPAGNI activities.
2 – INTELLECTUAL PROPERTY RIGHTS
All subjects contained in spagnithegift.com website (including the General Conditions of Use and General Conditions of Sale), the brands : SPAGNI & SPAGNI Experience the Italian Taste – SPAGNI & SPAGNI Experience the Italian Taste The gift – SPAGNI & SPAGNI The Italian Way – THEGIFT – LAURA SPAGNI IL DONO , all trademarks and logos, images, documents, illustrations, video in our website are protected by copyright and are the intellectual property rights of SPAGNI L. e C. SRL.
Reproduction in whole or in part, modification or use of these trademarks, illustrations , images and logos , or any other content of the Site , for any reason and by any means , without the express written permission of SPAGNI L. and C. SRL, owner of the intellectual property rights, are forbidden.
3 – PRIVACY
4 – LINKS TO OTHER WEB SITES
spagniTheGift.com provides links to other web sites exclusively to help users research, navigate and to ease hypertext links to other websites on the internet.
5 – WARNING ABOUT CONTENT
SPAGNI & SPAGNI strives not to publish on its web site content describing or representing scenes or situations of physical and psychological violence or which might offend the sensitivity of users and might be deemed to violate civil conditions, human rights and dignity of persons, in all forms and expressions.
SPAGNI & SPAGNI does not assume any responsibility towards users for the accuracy and completeness of the content published by SPAGNI & SPAGNI, on its website, except the liability for gross negligence and willful misconduct unless otherwise provided by law.
SPAGNI & SPAGNI cannot guarantee its users that the website will operate continuously, without interruption and without errors or malfunctions due to Internet connection or website updates.
6 – COOKIES what they are and their use
Cookies are lines of text contained in a small file sent by a web server (a website) to a web client, a Web browser used for browsing online from a fixed or mobile location. Cookies are stored in your computer’s hard drive, which is then read and recognized, only from www.spagniTheGift.com, which sent it every time a connection is made. Cookies are present in some sections of www.spagniTheGift.com site in order to track user traffic patterns. If you prefer not to receive cookies you can set your browser to warn you of the presence of a cookie and then decide whether to accept it; You can also refuse all cookies by turning them off in your browser, but in both these cases we warn you that you might not have access to all services.
7 – SAFETY MEASURES
It is a prerogative of SPAGNI to protect personal data of its customers providing a high security level, but it is also duty of the customer to protect the security of his/her personal data.
In particular , the customer must maintain a high security level of his on-line transactions data.
The use of login credentials to access our website are proof of a customer’s identity and confirms the right of SPAGNI, at the time of the order confirmation, to collect the amounts due from the client.
SPAGNI is not in any way responsible for the divulgation and/or to disclosure of log-in information to others subjects.
SPAGNI collects and processes personal data of the customer and of the receiver of the order to supply its products and provide services according to these General Conditions of sales.
8 – RESPONSIBILITY
9 – LIMITATION OF RESPONSIBILITY
SPAGNI & SPAGNI is in no way responsible for any violations of the General Terms and Conditions of Use by the Buyer or Buyer potential.
The information and content available on the Website are provided (in the state of affairs in which they are located) and SPAGNI & SPAGNI pays no warranty of any kind, neither expressed nor implied, with respect to the integrity, accuracy, timeliness, non-infringement toward third parties, availability, reliability or completeness of information and content, including without limitation, information about products, accessories, services that appear on the Internet site spagniTheGift.com and their suitability for a particular purpose.
SPAGNI & SPAGNI is in no way liable for the misuse of the products and/or services by the Buyer, and/or by the recipient of the Order. SPAGNI & SPAGNI is not in any way responsible for any damage caused to the Purchaser or to third parties resulting from such improper use.
SPAGNI & SPAGNI declines responsibility for direct and consequential damages, whether foreseeable or not, derived and/or related to the use of the web site by the purchaser. Should SPAGNI & SPAGNI be held responsible of an injury suffered by the purchaser and solely with the transmission of an order, such liability will be limited to the amount paid by the purchaser in order SPAGNI & SPAGNI.
10 – Edit and Update
Spagni reserves the right to change and update the General Sales Conditions without notice in consideration of possible regulatory changes. The new conditions of sale shall be effective immediately from the date of publication on the website spagnithegift.com. We encourage you to read on a regular basis these General Terms and Conditions and the legal information and privacy on the site.
11 – APPLICABLE LAW AND SETTLEMENT OF DISPUTES
The conditions of sale are governed by Italian law and in particular by Legislative Decree No 6 September 2005 n. 206, of the code of consumption, under “of consumers’ rights within contracts”.
In the event of dispute between SPAGNI & SPAGNI and an end user, rising from the General Conditions of Sale, SPAGNI & SPAGNI guarantees, as of now, the full agreement and acceptance of the conciliation service RisolviOnline.
RisolviOnline is an independent and institutional service provided by the Chamber of Arbitration of the Chamber of Commerce of Milan, allowing you to reach an agreement with the help of a competent, safe and neutral conciliator on the internet. For more information on the rules of RisolviOnline, or to submit requests for mediation, access risolviOnline.com.
Last update May 23, 2018