Terms and Conditions
1) General information
1.1. The website www.sparkleitaly.it is the e-commerce platform of Fenice srl (CF/PI 02364320511; REA no. AR-204473), with headquarters in Arezzo (Ar), via Montefalco no. 26 – Italy.
1.2. This document regulates the terms and conditions of use of this website, as well as the offer and sale of the products contained therein.
1.3. Please read these conditions, the Personal Data Protection Policy (Privacy) and the Cookie Policy (Info) carefully before using this website.
1.4. We inform you that the use of this site and/or the sending of an order through it, implies the acceptance of these Conditions and the Privacy and Cookie Policy: therefore, if you do not agree, you can leave this site.
2) Use of the site
2.1. By accessing our website and/or placing orders through it, you undertake to:
- use our website only to make legally valid inquiries and/or orders and/or access the services made available therein;
- do not place false or fraudulent orders;
- provide us with your email address, postal address and/or other contact details truthfully and correctly, if you decide to register;
and accepts from now on that, otherwise, Fenice srl reserves the right to cancel or refuse any orders placed by you.
2.2. Sales on this website are reserved only to those who have reached the age of majority, therefore by placing an order, you guarantee that you are of age. For Italian citizens, the age of majority is achieved upon reaching the age of eighteen, while buyers who are not Italian citizens may purchase products on this website only if they are of age according to their national law. In the absence of national legislation in this regard, the buyer must be at least twenty-one years of age.
2.3. Finally, by placing an order on this site, you guarantee that you have the legal capacity to enter into binding contracts.
2.4. You agree to indemnify and hold Fenice srl harmless from any liability in the event that you have purchased products in violation of the conditions of use of this site.
2.5. Any content displayed through our website (such as tutorials or videos) is for personal, non-commercial use only (unless otherwise agreed in writing with our partners). You agree not to use the service or content for public performances. By registering on our site, we grant you a limited, non-exclusive, non-transferable right to access the website service and view selected content. Except as set out above, no other rights are transferred to you. We are not responsible for any problems or technical malfunctions or failures of networks or lines, computers, software, viruses, fraud or other events beyond our control.
3) Registration
3.1. Purchasing on this site is only permitted after registration by the user. You will therefore be asked for the data provided in the relevant authentication form and you will be presented with our Privacy Policy, as well as these Terms & Conditions, for your viewing and acceptance.
3.2. If you do not provide us with your data, we will not be able to acquire your order.
3.3. Please keep your access credentials confidential and strictly personal. We will not be responsible in the event of loss, disclosure, theft or unauthorized use by third parties, for any reason whatsoever, of your access credentials.
3.4. If you require assistance with reference to your profile, including with reference to any cancellation requests, you can send your request to the email address on the contact page of this site.
4) Purchase and availability of products
4.1. All products offered on our site are described in detail on the relevant pages. Despite our efforts, some errors or small differences may occur between what is published on our site and the actual product (for example, the products may differ in terms of vintage and/or size or in relation to accessory products). Furthermore, please consider that the photographic material, although taken from the actual products, is merely representative and does not constitute a contractual element.
4.2. The products indicated as available on our site are ready for delivery. However, if there are no items in stock for any reason (for example, software malfunction, delay in production, simultaneous purchase by multiple users) we reserve the right to provide you as soon as possible with information regarding replacement products of equal or higher quality and value, which you may freely decide to order. If you decide not to place an order for such replacement products, you may exercise the right to terminate the contract and we will promptly refund any price you may have already paid.
In the event that you have ordered multiple products and the unavailability concerns only some of these, we reserve the right to provide you as soon as possible with information regarding substitute products of equal or higher quality and value, which you may freely decide to order. If you decide not to place an order for such substitute products, you may exercise the right to terminate the contract limited to the unavailable product and we will promptly refund the price you may have already paid. You will have the right to terminate the entire multiple order only in the event of evident and proven accessoriness of the products subject to such order, which are unavailable with respect to the others.
4.3. We also reserve the right to limit the quantities that can be ordered for any product and/or special promotion.
5) Prices
5.1. Our prices are in Euros (€) and include VAT (Value Added Tax), unless otherwise stated on the product description page.
5.2. By loading the products into the cart, the order total will be displayed (price of the selected products, excluding shipping costs, which will be displayed by clicking on “proceed with purchase”).
5.3. We reserve the right to make changes to the price, description and/or availability of products without notice. We therefore invite you to carefully check the prices before ordering.
6) Order forwarding and payment
6.1. In compliance with Legislative Decree no. 70 of 09/04/2003 (Implementation of Directive 2000/31/EC relating to certain legal aspects of information society services in the internal market, with particular reference to electronic commerce), we provide you with the following information aimed at concluding the contract.
6.2. After selecting the items to purchase, they will appear in your shopping cart.
To complete the order, you must follow the purchase instructions, entering, verifying and possibly modifying the information requested at each step of the purchase process and finally proceeding with payment.
6.3. We use third-party tools for payment processing and therefore do not come into contact in any way with payment data – such as credit card data – provided.
Our site accepts the following payment methods when ordering:
- bank transfer;
- “Paypal”;
- “Nexi”.
6.4. Once the payment has been completed, the order is acquired by the system and a confirmation email will be sent to the address you entered when registering on the site, containing information on the characteristics of the product purchased, the price, the payment method used, delivery costs, applicable taxes, as well as the link to this site where you can view these Terms & Conditions, also for the purposes of consulting the conditions of withdrawal or complaint.
6.5. Your order will be processed as quickly as possible (normally within 2 working days of receiving payment).
6.6. After handing over the goods to the courier, we will send you an email with the shipping information.
6.7. You can consult your order by accessing your reserved area with your credentials. Your order form will be archived for the time necessary to process the order and, in any case, within the terms of the law.
6.8. The languages available to you for the conclusion of the purchase contract on this site are Italian and English.
7) Shipping
7.1. We will ship your items to the address you indicate when ordering, so please check carefully that you have filled it in correctly.
7.2. For shipments we use express couriers, which provide adequate guarantees in deliveries. The average delivery times are 3 working days (with standard delivery) for Italy; while for deliveries abroad the times may vary depending on the country of destination.
The cost for deliveries in Italy is €9.
The cost for deliveries abroad varies depending on the country of destination and can be found at this link().
In any case, the exact cost for deliveries will be automatically calculated by the system after adding the item to the cart and before sending the order, based on the destination address entered by the user.
7.3. For orders over €150, shipping is free.
7.4. In the case of an order placed with payment on delivery, a supplement of €6.00 will be applied at the time of delivery.
7.5. In addition to shipping costs, customs duties may apply if the delivery address is located in a country outside the European Union. Payment of customs duties is your responsibility and will be communicated to you by the Courier when the shipment has arrived. The amount of the duty will be calculated by the customs officers at the time of inspection of the package and therefore cannot be estimated at the time of ordering. If customs duties are not paid and the shipment is refused and/or abandoned, you will be refunded the purchase price of the item less shipping costs, return costs and customs charges.
7.6. We will not be responsible for any delays in delivery or for any failure of the Courier.
7.7. We invite you, during the delivery phase, to check the integrity of the package: if you notice any packaging that is not intact or damaged, we suggest that you accept the goods "with reservation", in order to avoid the extinction of the protections under art. 1698 of the Civil Code.
7.8. We inform you that the refusal of the goods does not equate to exercising the right of withdrawal, for which you must follow the procedure indicated in this contract.
Upon customer request, it is possible to collect the ordered and paid goods at the company headquarters.
8) Right of withdrawal
8.1. If you have entered into the contract as a “Consumer” pursuant to Legislative Decree no. 206/2005 (the “Consumer Code”) and are resident in a country within the European Union, you have the right to withdraw from the contract concluded with us for the purchase of one or more items on our Site, without any penalty and without specifying the reason, within and no later than 14 (fourteen) days from the day on which you received such item(s) (or the last item in the case of multiple orders or with separate deliveries or with multiple lots or pieces).
8.2. To activate the return procedure, you must send an email to info@sparkleitaly.it containing your explicit declaration of withdrawal from the contract (withdrawal declaration) and strictly follow the instructions that we will provide you for the continuation of the procedure.
8.3. The products must be returned in the same conditions in which they were received, complete with all their elements: all labels and information material accompanying the product must not have been removed, the products must be unused, with the original packaging and any documentation originally present inside, and free from signs of wear or dirt. Otherwise we reserve the right to not accept your right of withdrawal and/or to refund you only the residual value of the item.
8.4. After receiving the product, we will carry out the necessary checks and send you an email with the outcome of the return procedure.
8.5. Within 14 (fourteen) days of receiving the product, if the return has been accepted, we will refund the price paid from which the shipping costs for returning the item will be deducted, which will remain at your expense. The refund will be made by bank transfer.
8.6. It is understood that the risks of transport for the return of the products will be entirely at your expense.
8.7. We remind you that in accordance with art. 59 of Legislative Decree no. 206/2005 (the “Consumer Code”) the right of withdrawal is excluded in relation to:
- supplies of products which are liable to deteriorate or expire rapidly;
- products packaged to measure or clearly personalized;
- sealed products which are not suitable for return for hygiene or health protection reasons and have been opened after delivery;
- supply of alcoholic beverages, the price of which has been agreed upon at the time of conclusion of the sales contract, the delivery of which can only take place after thirty days and the actual value of which depends on market fluctuations which cannot be controlled by the professional.
9) Legal Guarantee of Conformity - Return of Damaged, Defective or Incorrect Products
9.1. Pursuant to and for the purposes of Directive 1999/44/EC, Legislative Decree no. 206/2005 (the “Consumer Code”) and, where applicable, Directive (EU) 2019/771, we guarantee, if you have entered into the contract as a “Consumer” pursuant to the Consumer Code and are resident in a country within the European Union, that the Product will be free from defects in design and materials, as well as compliant with the descriptions published on our website for a period of 2 (two) years from the date on which it was delivered to you.
9.2. In the event that you have received a damaged, non-compliant, defective or incorrect Product, you may request its repair or replacement, or, where applicable, the alternative remedies provided for by art. 130 of the Consumer Code, within and no later than 2 (two) months from the relevant discovery, under penalty of forfeiture.
9.3. To activate the procedure for returning a defective and/or non-compliant product, you must send an email to info@sparkleitaly.it, indicating the defect and/or non-compliance and attaching photographic documentation and strictly following the instructions that we will provide you for the continuation of the procedure.
9.4. After receiving the returned product, we will carry out the necessary quality checks and send you an email with the outcome of the return process.
9.5. Within 14 (fourteen) days of receiving the product, if the return is accepted, we will offer you the replacement of the product or the refund of the price (as the case may be), unless you request otherwise, if possible or not excessively onerous for us as per the law.
9.6. In the event of a refund, we will refund the price paid, shipping costs and any return costs. The refund will be made by bank transfer.
9.7. With regard to any damage caused by defects in the Products, the provisions of Directive 85/374/EEC and the Consumer Code apply.
9.8. If you do not have the status of Consumer, the provisions of the Italian Civil Code regarding guarantees for defects in the item sold, the guarantee for lack of promised and essential quality and the other guarantees provided therein with the relative terms, forfeitures and limitations will apply to your purchase.
10) Intellectual property
10.1. You acknowledge and agree that all copyright, trademarks and other intellectual property rights in the materials or content presented as part of our website and related Social Media pages and/or mobile applications are owned by us and/or by third parties who have granted us the relevant license to use them.
10.2. You undertake to use this website only to the extent authorised by us and by third parties who have provided us with the licence and in any case in compliance with the legislation on intellectual property.
10.3. You are permitted to use this site to copy information about your order or contract/contact data and in any case for strictly personal and non-commercial purposes.
10.4. You may not copy, distribute, communicate, license, alter, transform or otherwise make any commercial use of anything owned by us on this site (or owned by third parties who have licensed it to us) without our prior written consent.
10.5. We reserve the right to terminate or limit your use of our site, including by canceling or blocking your personal account, if you violate this agreement or use our site in an illegal or fraudulent manner.
11) Assistance and online dispute resolution for consumers (ADR)
11.1. Browsing the site you will find the descriptions of our articles. However, for any other information you can contact our Customer Service, which will be happy to provide you with the desired support.
You can contact us:
- by email to: info@sparkleitaly.it;
- by phone: + 39 0575 1740374.
11.2. Our customer service will handle requests and any complaints received as quickly as possible and, in any case, in compliance with the terms of the law.
11.3. However, if our Customer Service has not been able to resolve your problem and/or you are not satisfied with the way in which your complaint was concluded, we inform you that if you have entered into the contract as a “Consumer” pursuant to Legislative Decree no. 206/2005 and are resident in the EU, you may use the online platform set up by the European Commission for the alternative resolution of disputes, reachable at the following link https://ec.europa.eu/consumers/odr.
11.4. If you reside in a member state of the European Union other than Italy, you may also access, for any dispute relating to the application, execution and interpretation of these Terms & Conditions, the European procedure established for small claims disputes, by Regulation (EC) no. 861/2007 of the Council, of 11/07/2007, provided that the value of the dispute does not exceed, excluding interest, fees and costs, Euro 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.
11.5. In any case, the Consumer retains the right to appeal to the competent ordinary court for any disputes.
12) Applicable law and jurisdiction
12.1. The use of this website and the purchase contracts of our products through it are governed by Italian law.
12.2. For any dispute arising from or inherent to the use of our website or the contracts concluded, the Court of Arezzo will have exclusive jurisdiction.
12.3. If you are contracting as a Consumer (as defined above), this clause does not affect your statutory rights as a Consumer.
12.4. With regard to consumer users who do not have their habitual residence in Italy, the provisions that are more favourable and mandatory provided for by the Law of the country in which they habitually reside will apply, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising this right, the methods and formalities of communicating the same and the legal guarantee of conformity.
13) Third party services
13.1. In order to offer all users a better shopping experience, we inform you that some services may be managed by third parties (e.g. “Paypal”).
13.2. We will not be liable for the proper functioning or availability, or both, of services provided by third parties.
14) Force majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control ("Force Majeure Event").
15) Partial nullity
15.1. If any clause of this contract is deemed invalid, unlawful or inapplicable by the competent authority, such clause shall be considered as not having been included and shall be replaced by the corresponding provision of current Italian law.
15.2. It is understood, however, that the remaining clauses and articles of this Agreement will remain valid.
16) Responsibility and exemption from liability
16.1. We are not responsible for any damages of any kind suffered by you and/or arising from the use of our site.
16.2. Furthermore, as regards the issuing of invoices, the information provided by you will be valid, therefore, by submitting the order you undertake to guarantee its truthfulness and to indemnify Fenice srl from any damages and possible sanctions in the event of non-correspondence to the truth.
16.3. You agree, under your sole responsibility, to use our site only for your own purposes and, therefore, you agree not to make improper, commercial (unless otherwise agreed in writing with our partners) or fraudulent use of it.
16.4. Fenice srl is not responsible for any damage suffered by you or third parties, or to your or third parties' property related to the use of the product.
17) Changes and updates
17.1. We reserve the right to modify and/or update this contract at any time, also in light of new regulatory provisions.
17.2. Any modification and/or update to these Terms & Conditions will be effective from the date of publication on our site and in any case binding for you. For this reason, before making a new purchase, we invite you to consult this document.
Last updated: October 25, 2021.
1.1. The website www.sparkleitaly.it is the e-commerce platform of Fenice srl (CF/PI 02364320511; REA no. AR-204473), with headquarters in Arezzo (Ar), via Montefalco no. 26 – Italy.
1.2. This document regulates the terms and conditions of use of this website, as well as the offer and sale of the products contained therein.
1.3. Please read these conditions, the Personal Data Protection Policy (Privacy) and the Cookie Policy (Info) carefully before using this website.
1.4. We inform you that the use of this site and/or the sending of an order through it, implies the acceptance of these Conditions and the Privacy and Cookie Policy: therefore, if you do not agree, you can leave this site.
2) Use of the site
2.1. By accessing our website and/or placing orders through it, you undertake to:
- use our website only to make legally valid inquiries and/or orders and/or access the services made available therein;
- do not place false or fraudulent orders;
- provide us with your email address, postal address and/or other contact details truthfully and correctly, if you decide to register;
and accepts from now on that, otherwise, Fenice srl reserves the right to cancel or refuse any orders placed by you.
2.2. Sales on this website are reserved only to those who have reached the age of majority, therefore by placing an order, you guarantee that you are of age. For Italian citizens, the age of majority is achieved upon reaching the age of eighteen, while buyers who are not Italian citizens may purchase products on this website only if they are of age according to their national law. In the absence of national legislation in this regard, the buyer must be at least twenty-one years of age.
2.3. Finally, by placing an order on this site, you guarantee that you have the legal capacity to enter into binding contracts.
2.4. You agree to indemnify and hold Fenice srl harmless from any liability in the event that you have purchased products in violation of the conditions of use of this site.
2.5. Any content displayed through our website (such as tutorials or videos) is for personal, non-commercial use only (unless otherwise agreed in writing with our partners). You agree not to use the service or content for public performances. By registering on our site, we grant you a limited, non-exclusive, non-transferable right to access the website service and view selected content. Except as set out above, no other rights are transferred to you. We are not responsible for any problems or technical malfunctions or failures of networks or lines, computers, software, viruses, fraud or other events beyond our control.
3) Registration
3.1. Purchasing on this site is only permitted after registration by the user. You will therefore be asked for the data provided in the relevant authentication form and you will be presented with our Privacy Policy, as well as these Terms & Conditions, for your viewing and acceptance.
3.2. If you do not provide us with your data, we will not be able to acquire your order.
3.3. Please keep your access credentials confidential and strictly personal. We will not be responsible in the event of loss, disclosure, theft or unauthorized use by third parties, for any reason whatsoever, of your access credentials.
3.4. If you require assistance with reference to your profile, including with reference to any cancellation requests, you can send your request to the email address on the contact page of this site.
4) Purchase and availability of products
4.1. All products offered on our site are described in detail on the relevant pages. Despite our efforts, some errors or small differences may occur between what is published on our site and the actual product (for example, the products may differ in terms of vintage and/or size or in relation to accessory products). Furthermore, please consider that the photographic material, although taken from the actual products, is merely representative and does not constitute a contractual element.
4.2. The products indicated as available on our site are ready for delivery. However, if there are no items in stock for any reason (for example, software malfunction, delay in production, simultaneous purchase by multiple users) we reserve the right to provide you as soon as possible with information regarding replacement products of equal or higher quality and value, which you may freely decide to order. If you decide not to place an order for such replacement products, you may exercise the right to terminate the contract and we will promptly refund any price you may have already paid.
In the event that you have ordered multiple products and the unavailability concerns only some of these, we reserve the right to provide you as soon as possible with information regarding substitute products of equal or higher quality and value, which you may freely decide to order. If you decide not to place an order for such substitute products, you may exercise the right to terminate the contract limited to the unavailable product and we will promptly refund the price you may have already paid. You will have the right to terminate the entire multiple order only in the event of evident and proven accessoriness of the products subject to such order, which are unavailable with respect to the others.
4.3. We also reserve the right to limit the quantities that can be ordered for any product and/or special promotion.
5) Prices
5.1. Our prices are in Euros (€) and include VAT (Value Added Tax), unless otherwise stated on the product description page.
5.2. By loading the products into the cart, the order total will be displayed (price of the selected products, excluding shipping costs, which will be displayed by clicking on “proceed with purchase”).
5.3. We reserve the right to make changes to the price, description and/or availability of products without notice. We therefore invite you to carefully check the prices before ordering.
6) Order forwarding and payment
6.1. In compliance with Legislative Decree no. 70 of 09/04/2003 (Implementation of Directive 2000/31/EC relating to certain legal aspects of information society services in the internal market, with particular reference to electronic commerce), we provide you with the following information aimed at concluding the contract.
6.2. After selecting the items to purchase, they will appear in your shopping cart.
To complete the order, you must follow the purchase instructions, entering, verifying and possibly modifying the information requested at each step of the purchase process and finally proceeding with payment.
6.3. We use third-party tools for payment processing and therefore do not come into contact in any way with payment data – such as credit card data – provided.
Our site accepts the following payment methods when ordering:
- bank transfer;
- “Paypal”;
- “Nexi”.
6.4. Once the payment has been completed, the order is acquired by the system and a confirmation email will be sent to the address you entered when registering on the site, containing information on the characteristics of the product purchased, the price, the payment method used, delivery costs, applicable taxes, as well as the link to this site where you can view these Terms & Conditions, also for the purposes of consulting the conditions of withdrawal or complaint.
6.5. Your order will be processed as quickly as possible (normally within 2 working days of receiving payment).
6.6. After handing over the goods to the courier, we will send you an email with the shipping information.
6.7. You can consult your order by accessing your reserved area with your credentials. Your order form will be archived for the time necessary to process the order and, in any case, within the terms of the law.
6.8. The languages available to you for the conclusion of the purchase contract on this site are Italian and English.
7) Shipping
7.1. We will ship your items to the address you indicate when ordering, so please check carefully that you have filled it in correctly.
7.2. For shipments we use express couriers, which provide adequate guarantees in deliveries. The average delivery times are 3 working days (with standard delivery) for Italy; while for deliveries abroad the times may vary depending on the country of destination.
The cost for deliveries in Italy is €9.
The cost for deliveries abroad varies depending on the country of destination and can be found at this link().
In any case, the exact cost for deliveries will be automatically calculated by the system after adding the item to the cart and before sending the order, based on the destination address entered by the user.
7.3. For orders over €150, shipping is free.
7.4. In the case of an order placed with payment on delivery, a supplement of €6.00 will be applied at the time of delivery.
7.5. In addition to shipping costs, customs duties may apply if the delivery address is located in a country outside the European Union. Payment of customs duties is your responsibility and will be communicated to you by the Courier when the shipment has arrived. The amount of the duty will be calculated by the customs officers at the time of inspection of the package and therefore cannot be estimated at the time of ordering. If customs duties are not paid and the shipment is refused and/or abandoned, you will be refunded the purchase price of the item less shipping costs, return costs and customs charges.
7.6. We will not be responsible for any delays in delivery or for any failure of the Courier.
7.7. We invite you, during the delivery phase, to check the integrity of the package: if you notice any packaging that is not intact or damaged, we suggest that you accept the goods "with reservation", in order to avoid the extinction of the protections under art. 1698 of the Civil Code.
7.8. We inform you that the refusal of the goods does not equate to exercising the right of withdrawal, for which you must follow the procedure indicated in this contract.
Upon customer request, it is possible to collect the ordered and paid goods at the company headquarters.
8) Right of withdrawal
8.1. If you have entered into the contract as a “Consumer” pursuant to Legislative Decree no. 206/2005 (the “Consumer Code”) and are resident in a country within the European Union, you have the right to withdraw from the contract concluded with us for the purchase of one or more items on our Site, without any penalty and without specifying the reason, within and no later than 14 (fourteen) days from the day on which you received such item(s) (or the last item in the case of multiple orders or with separate deliveries or with multiple lots or pieces).
8.2. To activate the return procedure, you must send an email to info@sparkleitaly.it containing your explicit declaration of withdrawal from the contract (withdrawal declaration) and strictly follow the instructions that we will provide you for the continuation of the procedure.
8.3. The products must be returned in the same conditions in which they were received, complete with all their elements: all labels and information material accompanying the product must not have been removed, the products must be unused, with the original packaging and any documentation originally present inside, and free from signs of wear or dirt. Otherwise we reserve the right to not accept your right of withdrawal and/or to refund you only the residual value of the item.
8.4. After receiving the product, we will carry out the necessary checks and send you an email with the outcome of the return procedure.
8.5. Within 14 (fourteen) days of receiving the product, if the return has been accepted, we will refund the price paid from which the shipping costs for returning the item will be deducted, which will remain at your expense. The refund will be made by bank transfer.
8.6. It is understood that the risks of transport for the return of the products will be entirely at your expense.
8.7. We remind you that in accordance with art. 59 of Legislative Decree no. 206/2005 (the “Consumer Code”) the right of withdrawal is excluded in relation to:
- supplies of products which are liable to deteriorate or expire rapidly;
- products packaged to measure or clearly personalized;
- sealed products which are not suitable for return for hygiene or health protection reasons and have been opened after delivery;
- supply of alcoholic beverages, the price of which has been agreed upon at the time of conclusion of the sales contract, the delivery of which can only take place after thirty days and the actual value of which depends on market fluctuations which cannot be controlled by the professional.
9) Legal Guarantee of Conformity - Return of Damaged, Defective or Incorrect Products
9.1. Pursuant to and for the purposes of Directive 1999/44/EC, Legislative Decree no. 206/2005 (the “Consumer Code”) and, where applicable, Directive (EU) 2019/771, we guarantee, if you have entered into the contract as a “Consumer” pursuant to the Consumer Code and are resident in a country within the European Union, that the Product will be free from defects in design and materials, as well as compliant with the descriptions published on our website for a period of 2 (two) years from the date on which it was delivered to you.
9.2. In the event that you have received a damaged, non-compliant, defective or incorrect Product, you may request its repair or replacement, or, where applicable, the alternative remedies provided for by art. 130 of the Consumer Code, within and no later than 2 (two) months from the relevant discovery, under penalty of forfeiture.
9.3. To activate the procedure for returning a defective and/or non-compliant product, you must send an email to info@sparkleitaly.it, indicating the defect and/or non-compliance and attaching photographic documentation and strictly following the instructions that we will provide you for the continuation of the procedure.
9.4. After receiving the returned product, we will carry out the necessary quality checks and send you an email with the outcome of the return process.
9.5. Within 14 (fourteen) days of receiving the product, if the return is accepted, we will offer you the replacement of the product or the refund of the price (as the case may be), unless you request otherwise, if possible or not excessively onerous for us as per the law.
9.6. In the event of a refund, we will refund the price paid, shipping costs and any return costs. The refund will be made by bank transfer.
9.7. With regard to any damage caused by defects in the Products, the provisions of Directive 85/374/EEC and the Consumer Code apply.
9.8. If you do not have the status of Consumer, the provisions of the Italian Civil Code regarding guarantees for defects in the item sold, the guarantee for lack of promised and essential quality and the other guarantees provided therein with the relative terms, forfeitures and limitations will apply to your purchase.
10) Intellectual property
10.1. You acknowledge and agree that all copyright, trademarks and other intellectual property rights in the materials or content presented as part of our website and related Social Media pages and/or mobile applications are owned by us and/or by third parties who have granted us the relevant license to use them.
10.2. You undertake to use this website only to the extent authorised by us and by third parties who have provided us with the licence and in any case in compliance with the legislation on intellectual property.
10.3. You are permitted to use this site to copy information about your order or contract/contact data and in any case for strictly personal and non-commercial purposes.
10.4. You may not copy, distribute, communicate, license, alter, transform or otherwise make any commercial use of anything owned by us on this site (or owned by third parties who have licensed it to us) without our prior written consent.
10.5. We reserve the right to terminate or limit your use of our site, including by canceling or blocking your personal account, if you violate this agreement or use our site in an illegal or fraudulent manner.
11) Assistance and online dispute resolution for consumers (ADR)
11.1. Browsing the site you will find the descriptions of our articles. However, for any other information you can contact our Customer Service, which will be happy to provide you with the desired support.
You can contact us:
- by email to: info@sparkleitaly.it;
- by phone: + 39 0575 1740374.
11.2. Our customer service will handle requests and any complaints received as quickly as possible and, in any case, in compliance with the terms of the law.
11.3. However, if our Customer Service has not been able to resolve your problem and/or you are not satisfied with the way in which your complaint was concluded, we inform you that if you have entered into the contract as a “Consumer” pursuant to Legislative Decree no. 206/2005 and are resident in the EU, you may use the online platform set up by the European Commission for the alternative resolution of disputes, reachable at the following link https://ec.europa.eu/consumers/odr.
11.4. If you reside in a member state of the European Union other than Italy, you may also access, for any dispute relating to the application, execution and interpretation of these Terms & Conditions, the European procedure established for small claims disputes, by Regulation (EC) no. 861/2007 of the Council, of 11/07/2007, provided that the value of the dispute does not exceed, excluding interest, fees and costs, Euro 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.
11.5. In any case, the Consumer retains the right to appeal to the competent ordinary court for any disputes.
12) Applicable law and jurisdiction
12.1. The use of this website and the purchase contracts of our products through it are governed by Italian law.
12.2. For any dispute arising from or inherent to the use of our website or the contracts concluded, the Court of Arezzo will have exclusive jurisdiction.
12.3. If you are contracting as a Consumer (as defined above), this clause does not affect your statutory rights as a Consumer.
12.4. With regard to consumer users who do not have their habitual residence in Italy, the provisions that are more favourable and mandatory provided for by the Law of the country in which they habitually reside will apply, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising this right, the methods and formalities of communicating the same and the legal guarantee of conformity.
13) Third party services
13.1. In order to offer all users a better shopping experience, we inform you that some services may be managed by third parties (e.g. “Paypal”).
13.2. We will not be liable for the proper functioning or availability, or both, of services provided by third parties.
14) Force majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control ("Force Majeure Event").
15) Partial nullity
15.1. If any clause of this contract is deemed invalid, unlawful or inapplicable by the competent authority, such clause shall be considered as not having been included and shall be replaced by the corresponding provision of current Italian law.
15.2. It is understood, however, that the remaining clauses and articles of this Agreement will remain valid.
16) Responsibility and exemption from liability
16.1. We are not responsible for any damages of any kind suffered by you and/or arising from the use of our site.
16.2. Furthermore, as regards the issuing of invoices, the information provided by you will be valid, therefore, by submitting the order you undertake to guarantee its truthfulness and to indemnify Fenice srl from any damages and possible sanctions in the event of non-correspondence to the truth.
16.3. You agree, under your sole responsibility, to use our site only for your own purposes and, therefore, you agree not to make improper, commercial (unless otherwise agreed in writing with our partners) or fraudulent use of it.
16.4. Fenice srl is not responsible for any damage suffered by you or third parties, or to your or third parties' property related to the use of the product.
17) Changes and updates
17.1. We reserve the right to modify and/or update this contract at any time, also in light of new regulatory provisions.
17.2. Any modification and/or update to these Terms & Conditions will be effective from the date of publication on our site and in any case binding for you. For this reason, before making a new purchase, we invite you to consult this document.
Last updated: October 25, 2021.
