TERMS AND CONDITIONS OF ONLINE SALE
The present conditions are valid exclusively between the company The Spliffer, with registered name as “Sir Charles di Antonina Negrone” and office in Via Madonna Degli Ammalati 307, 95045 Misterbianco, Catania, Partita iva (VAT) no. 05718150872 (hereinafter referred to as “The Spliffer”) and any natural person who makes purchases online on the site internet www.thespliffer.com (hereinafter referred to as “End User”). These conditions may be subject to changes and the date of publication of the same on the site is equivalent to the date of entry into force.
These conditions govern purchases made on the www.thespliffer.com site, in accordance with the provisions of the Consumer Code, Legislative Decree n. 206/2005, amended by Legislative Decree n. 21/2014 and by Legislative Decree n. 70/2003 concerning electronic commerce.
OBJECT OF THE CONTRACT
With these general sales conditions, The Spliffer sells and the End User remotely purchases the tangible movable property indicated and offered for sale on the website www.thespliffer.com. The contract is concluded exclusively through the internet, through the access of the End User to the address www.thespliffer.com and the realization of a purchase order according to the procedure foreseen by the site itself.
The End User agrees to review, before confirming his order, these general conditions of sale, in particular the pre-contractual information provided by The Spliffer and to accept them by affixing a flag in the indicated box.
In the order confirmation e-mail, the End User will also receive the link to download and archive a copy of these general sales conditions, as provided for by art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.
PRECONTRACTUAL INFORMATION FOR THE CONSUMER – Article 49 of Legislative Decree 206/2005
The End User before the conclusion of the purchase contract, examines the characteristics of the goods that are illustrated in the individual product data sheets when the End User chooses.
Before the conclusion of the purchase contract and before the validation of the order with “payment obligation”, the End User is informed regarding:
total price of the goods including taxes, with details of shipping costs and any other costs;
terms of payment;
the deadline by which The Spliffer undertakes to deliver the goods;
conditions, terms and procedures for exercising the right of withdrawal (art. 6 of these conditions) as well as the standard withdrawal form referred to in Annex I, part B of Legislative Decree 21/2014;
information that the End User will have to bear the cost of returning the goods in case of withdrawal;
existence of the legal guarantee of conformity for the goods purchased;
conditions of after-sales assistance and commercial guarantees provided by The Spliffer;
The End User may at any time and in any case before the conclusion of the contract, take cognizance of the information relating to The Spliffer, as follows:
The Spliffer, Via Madonna degli ammalati n. 307 – 95045 – Misterbianco (CT), email: firstname.lastname@example.org
CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
The sales contract is considered concluded with the dispatch by The Spliffer to the End User of an e-mail confirming the order. The email contains the data of the End User and the order number, the price of the goods purchased, the units of goods purchased, the shipping costs and the delivery address to which the goods will be sent.
Subsequently, the End User will receive a further e-mail with the processing of the order by the courier who will take care of the delivery of the goods and a last e-mail from the courier where the tracking code will be defined to monitor the shipment.
The End User undertakes to verify the correctness of the personal data contained therein and to promptly notify The Spliffer of any corrections.
The Spliffer undertakes to describe and present the items sold on the site in the best possible way. The photographs of the products presented on www.thespliffer.com do not constitute a contractual element, as they are only representative.
The Spliffer undertakes to deliver the goods within 10 working days from the dispatch by The Spliffer of the order confirmation email to the End User.
AVAILABILITY OF PRODUCTS
The availability of the products refers to the actual availability when the End User places the order. This availability must however be considered purely indicative because, due to the simultaneous presence on the site of several users, the products could be sold to other End Users before the order is confirmed.
Even after sending the order confirmation email sent by The Spliffer, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically adjusted with the elimination of the unavailable product and the End User will be immediately notified by email.
TERMS OF PAYMENT
Any payment by the End User can only be done by cash on delivery of the goods by the courier.
All sales prices of the products indicated on the website www.thespliffer.com are expressed in Euro and include VAT.
Shipping costs are not included in the purchase price, but are indicated and calculated at the end of the purchase process before payment is made.
The End User accepts the right of The Spliffer to change its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the site at the time of order creation and indicated in the confirmation email sent by The Spliffer all ‘Final user.
In the event of a computer error, manual, technical, or any other nature that could result in a substantial change, not foreseen by The Spliffer, of the selling price to the public, which makes it exorbitant or clearly derisory, the purchase order will be considered invalid and canceled and the amount paid by the End User will be refunded within 14 days from the day of cancellation.
The End User may also use the use of discount vouchers or discount codes promptly communicated in The Spliffer’s Facebook and Instagram channels.
RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the End User has the right to withdraw from the purchase without penalty and without specifying the reason, within 3 days from the date of receipt of the products.
The End User who intends to exercise the right of withdrawal must notify The Spliffer through an explicit declaration, which can be sent by e-mail to the address email@example.com or by registered letter with return receipt to the address provided below.
In case of exercise of the right of withdrawal, the End User is obliged to return the goods within 14 days from the day in which he communicated to The Spliffer his will to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005.
The goods must be returned to The Spliffer, at Via Madonna degli Ammalati n. 307 – 95045 – Misterbianco (CT).
The direct costs of returning the products are charged to the End User.
The goods must be returned intact, in the original packaging, complete in all its parts without any alteration of the packaging itself, the label and / or the warranty seal. Without prejudice to the right to verify compliance with the above, The Spliffer will refund the amount of the products subject to withdrawal within a maximum period of 14 days, excluding any shipping costs.
As required by art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, The Spliffer may suspend the reimbursement until receipt of the goods or until the End User demonstrates that he has sent the goods back to The Spliffer.
The Spliffer will make the refund using the same payment method chosen by the End User during the purchase phase.
LEGAL WARRANTY OF COMPLIANCE
In the case of receipt of products that do not comply with the orders or defective, the End User has the right to restore the product’s conformity without the cost by replacing the product. The End User may exercise this right if the defect is certified at the time of delivery of the goods and reports the defect to The Spliffer within 3 days of the receiving of the order.
Subsequently, the End User must proceed with the request for Return by sending an email to the address firstname.lastname@example.org or on the website www.thespliffer.com to the “contact us” section. The Spliffer in the event of a defective or non-compliant product, will arrange, at its own expense, to organize the collection of the product, compatibly with the availability of the End User.
The Spliffer will only accept orders to be delivered in the following countries: Italy, the Republic of San Marino, France and Switzerland. The products will be delivered by courier to the address indicated by the End User at the time of the order no later than 10 working days from the date of receipt by the End User of the order confirmation email sent by The Spliffer.
For each order placed on the website www.thespliffer.com, the End User can request an invoice for the goods purchased and sent by sending an email to email@example.com with all the data and VAT number specifying in the subject “INVOICE REQUEST” (pursuant to Article 22 paragraph 1 of Presidential Decree 633/72 and subsequent amendments).
The Spliffer assumes no responsibility for disruptions caused by force majeure or unforeseeable circumstances, even if dependent on malfunctions and disruptions of the internet, in the event that it fails to execute the order within the time stipulated in the contract.
ACCESS TO THE SITE
The End User has the right to access the site for consultation and for making purchases. No other use, in particular commercial, of the site or its content is permitted. The integrity of the elements of this site, whether sound or visual, and the related technology used remain the property of The Spliffer and are protected by intellectual property rights.
These General Terms and Conditions of Sale consist of all the clauses that compose them. If one or more provisions of these General Terms and Conditions of Sale are considered invalid or declared as such pursuant to the law, regulations or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.
APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions of Sale are subject to Italian law.
Any dispute that does not find an amicable solution will be subject to the exclusive jurisdiction of the Court of the place of residence or domicile of The Spliffer.
In any case, it is possible to optionally resort to mediation procedures pursuant to Legislative Decree 28/2010, for the resolution of any disputes arising from the interpretation and execution of these terms and conditions by accessing the following site: https: // webgate.ec.europa.eu/odr.
General sales conditions updated on 05 January 2018