Terms of service

The following general terms and conditions of sale govern all purchase and sale transactions concluded on the website www.spaghettiboulder.com (hereinafter referred to as the “Website”) between 7to7 s.r.l., with registered office at Via al Pascolo n. 6, 23842 Bosisio Parini (LC), Italy, VAT No. IT 03231000138, e-mail: info@spaghettiboulder.it (hereinafter referred to as the “Seller”), and any person placing an order for the Seller’s products through the Website for personal purposes and not for commercial or professional purposes (hereinafter referred to as the “Customer”).

Whereas:

- the Seller offers for sale products under the “Spaghetti Boulder” brand, namely goods and products in the sport/outdoor sector, through the Website (hereinafter referred to as the “Products”);

- the Website is primarily a marketing website, but it is also intended for the conclusion of business-to-consumer (B2C) commercial transactions;

- all distinctive signs and intellectual property rights relating to the Website are the exclusive property of the Seller;

- these provisions are incorporated into the sales contract;

the parties agree and stipulate as follows:

1. SUBJECT MATTER OF THE CONTRACT

1.1. The subject matter of these general terms and conditions of sale, which are made available to the Customer for the purpose of allowing them to download, save and reproduce a copy thereof pursuant to Article 12 of Legislative Decree No. 70 of 9 April 2003, is the online sale of Products through the Seller-owned and Seller-managed Website.

1.2. These terms and conditions of sale apply to the sale of Products by the Seller and, respectively, to the purchase of Products by the Customer.

1.3. The main characteristics of the Products are illustrated and described on the Website, where each Product is presented through an accurate, truthful, correct and non-misleading description. Due to technical limitations of the Website, Product images may not perfectly represent the actual characteristics of the Products, and Products may differ slightly from those shown in the images.

1. WEBSITE REGISTRATION

2.1. All purchases must be made according to the following procedure:

1. a) following registration on the Website and the creation by the Customer of a personal ID and password, which allow access to a reserved area through a secure protocol;

1. b) purchase in “Guest Mode”, i.e. without registering an account. A temporary identifier will be generated and used solely to complete the online purchase. By using “Guest Mode”, the Customer’s personal data will not be registered or stored for future purchases. However, the Customer may create and register an account after completing the purchase.
2. c) Completion of the purchase pursuant to Article 3.

2.2. The Customer is prohibited from entering incorrect and/or false and/or inaccurate data during the registration process. The Customer is prohibited from using third-party personal data, including e-mail addresses, without their consent, or using fictitious data or e-mail addresses during the registration process. The Customer may purchase Products on behalf of third parties and may provide a shipping address different from their own residential address. The Customer is responsible for the accuracy and truthfulness of the information provided.

1. PURCHASE PROCEDURE AND CONCLUSION OF THE CONTRACT

3.1. The Customer shall add the Products they wish to purchase to the digital shopping cart of the Website. Before completing the order, the Customer may modify the Products in the shopping cart at any time. By clicking on the “Checkout” or “Proceed to Checkout” button, the Customer may complete their order and choose whether to log in, create an account, or continue in “Guest Mode”, as specified in Article 2.

3.2. Customers are advised to read these general terms and conditions of sale before completing the purchase.

3.3. By ticking the relevant checkboxes located directly above the “Confirm Purchase” button, the Customer acknowledges that they have read and accepted these general terms and conditions of sale.

3.4. By clicking on the “Confirm Purchase” button, the Customer confirms their online purchase order and accepts and agrees to be bound without reservation by these general terms and conditions, as well as acknowledging that, unless expressly agreed otherwise in writing with the Seller, the purchase shall not be governed by any other terms and conditions. Before completing the order, the Customer may correct and modify the personal data provided (name, address, etc.).

3.5. The Customer’s order shall be considered an offer to purchase the Products ordered from the Seller. The e-mail sent by the Seller after receiving the order, containing a summary of the order, shall only constitute confirmation of receipt of the order by the Seller. The contract shall be deemed concluded when the Customer receives formal confirmation of the order and shipment by e-mail, normally within forty-eight (48) hours from receipt of the order by the Seller. This confirmation e-mail constitutes acceptance of the Customer’s order by the Seller, who shall therefore be obliged to sell and ship the Products. In the order confirmation e-mail or, alternatively, in the subsequent shipment confirmation e-mail, the Customer will receive a document in PDF or another similar format summarising the terms and conditions of the sale and/or a hyperlink to these general terms and conditions of sale, allowing the Customer to permanently store a copy thereof. The Customer is advised to print and retain a copy of these general terms and conditions and of the description and specifications of the purchased Products.

3.6. The Contract shall be deemed concluded at the place where the Seller has its registered office. Except in cases where the Seller is unable to perform the contract due to reasons beyond its control, the Seller undertakes to deliver the Products ordered by the Customer after receipt of the Final Price from the Customer and subject to verification of availability pursuant to Article 5.

1. PRICE

4.1. The sale price of the Products (hereinafter referred to as the “Sale Price”) indicated on the Website shall be expressed in Euros. The Website shall clearly indicate the Sale Price for each Product and the method used to calculate the total purchase price. The total purchase price (hereinafter referred to as the “Final Price”) consists of the sum of the Sale Price and the shipping costs for the Products, paid to the couriers and carriers appointed by the Seller. The Customer acknowledges that, upon confirmation of the purchase order, they shall be obliged to pay the Final Price when the order is confirmed by the Seller. The amount due to the Seller may also be paid – in whole or in part – through vouchers, gift cards or other similar methods issued by the Seller and/or authorised third parties. The Seller reserves the right to verify the validity of vouchers, gift cards or other similar payment methods.

4.2. The Sale Prices and Final Prices already include VAT and any other applicable taxes. Shipping costs are included and specified in the Final Price and, unless otherwise indicated and in the absence of promotional offers occasionally provided by the Seller, shall be borne by the Customer. The Customer shall be informed of the Final Price before confirming the order by clicking on the “Confirm Purchase” button.

4.3. If the Products must be shipped outside the European Union, the Products may be subject to import duties and taxes, which will be requested when the Products arrive at their destination. Any customs clearance costs shall be borne by the Customer. The Customer is advised to contact the relevant customs authorities in order to obtain all necessary information. The Customer shall be considered the importer of the Products and must therefore comply with all applicable national laws and regulations of the country to which the Products are shipped.

4.4. Despite the Seller’s efforts, some Products displayed on the Website may show an incorrect price. After receiving the order, the Seller shall verify the price before charging the amount due. In the event that, excluding promotional sales, the actual Sale Price, i.e. the price that the Seller intends to charge for a specific Product, is higher than the Sale Price indicated on the Website, the Seller shall contact the Customer to ask whether they wish to purchase the Product at the correct Sale Price. If the actual Sale Price is lower/higher than the Sale Price indicated on the Website due to a technical error, the Seller shall have the right to verify the cause of the error and may cancel the order. If the Products have already been delivered to the Customer, the Seller may only charge the amount indicated on the Website, even if incorrect. The Seller shall not have the right to request the return of the Products. If, in the event of an incorrect price, the Customer returns the Products, the refund amount shall correspond to the purchase value.

1. PRODUCT AVAILABILITY

5.1. The Seller undertakes to keep the Website as up to date as possible with regard to Product availability and shall verify the availability of the selected Products before sending formal confirmation pursuant to Article 3.5. The Customer expressly acknowledges the Seller’s right to confirm only part of the order, as it may occur that some or all of the Products selected and ordered by the Customer are unavailable. In this case, the contract shall only be concluded with regard to the Products actually available and confirmed.

5.2. If some or all of the Products ordered are unavailable, regardless of whether the Customer’s order has already been confirmed, the Seller shall promptly contact the Customer and only the available Products shall be shipped. The Sale Price of unavailable Products shall be refunded and/or credited back to the Customer’s credit card or PayPal account within 14 days. If all Products are unavailable, the Seller shall also refund and/or credit the shipping costs.

1. PAYMENT METHODS

6.1. Without prejudice to the Seller’s right to introduce and implement additional payment methods in the future in order to provide an even better service to Website users, the Customer acknowledges and accepts that, at present, payment may only be made as described below:

1. A) online by credit card (Visa, Mastercard and/or American Express). The amount due for the purchase shall be deducted from the Customer’s available credit when the order is confirmed by the Seller and shall subsequently be charged when the order is shipped. Please note that during the payment process via Visa, Mastercard or American Express, the relevant bank may request a PIN or password at the time of payment. If the Customer does not know their PIN or password, they are advised to contact their bank.
2. B) online through the PayPal payment system. The amount due for the purchase shall be deducted from the Customer’s available credit when the order is confirmed by the Seller and shall subsequently be charged when the order is shipped. Please note that during the PayPal payment process, PayPal may request a PIN or password at the time of payment. If the Customer does not know their PIN or password, they are advised to contact their bank.
3. C) online through the PostePay payment system. The amount due for the purchase shall be deducted from the Customer’s available credit when the order is confirmed by the Seller and shall subsequently be charged when the order is shipped. Please note that during the PostePay payment process, PostePay may request a PIN or password at the time of payment. If the Customer does not know their PIN or password, they are advised to contact their bank.
4. D) online through the Amazon Pay payment system, if the Customer already has an Amazon account.

1. SHIPPING METHOD

7.1. The Seller shall ship the Products ordered by the Customer and confirmed by the Seller through couriers and/or carriers appointed by the Seller, to the address indicated by the Customer in the purchase order. Shipment shall take place immediately after the Seller has received the Final Price, as indicated in the confirmation e-mail sent to the Customer, and in any event, provided that payment of the Final Price has been received, within 30 (thirty) days from receipt of the confirmation e-mail by the Customer.

7.2. If the Customer is absent at the time the Products are due to be delivered, the courier or carrier shall leave a notice containing their contact details so that the courier or carrier can be contacted to arrange a new delivery.

7.3. Upon receipt of the Products, the Customer shall verify that the packaging and Products are intact and that the Products received correspond to those indicated in the order confirmation. The Customer shall also report any tampering with or damage to the packaging and Products. The Customer is advised to inform the Seller of any issue relating to the shipment of the Products, in order to allow the Seller to improve quality control over the services provided directly or through third parties.

1. LIMITATION OF LIABILITY

8.1. The Seller shall not be liable for any delay or failure to deliver the Products due to force majeure events, such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods or other similar events that completely or partially prevent shipment from being performed within the deadline indicated in Article 7.1 or within any other deadline agreed in writing between the Customer and the Seller.

8.2. The Seller shall not be liable towards the Customer, except in cases of wilful misconduct or gross negligence, for any unavailability or malfunction relating to the use of the Internet that is beyond the Seller’s control.

8.3. The Seller shall not be liable towards the parties or third parties for any damage, loss or costs incurred as a result of failure to fulfil contractual obligations due to the causes indicated in this Article, and the Customer shall only be entitled to request a refund of the price paid.

8.4. The Seller shall not be liable for any fraudulent, unlawful or unauthorised use by third parties of credit cards or other payment methods, provided that the Seller proves that it has adopted all possible precautions in accordance with current practice, common experience at the time of purchase and ordinary diligence.

8.5. The Seller shall not be liable for the incorrect issue of accounting or tax documents, nor for delays and/or failures in delivery or for any additional costs incurred by the Customer due to false, incorrect or fictitious information provided by the Customer.

8.6. The Seller shall not be liable, except in cases of wilful misconduct or gross negligence, for the unavailability of any Product.

1. WARRANTY AND CUSTOMER SERVICE

9.1. For questions, complaints and suggestions, the Customer may contact the Seller at the following e-mail address: info@spaghettiboulder.it or through the Customer Service Centre by using the “Contact Us” form available on the Website.

9.2. If the Products are affected by defects or do not correspond to the descriptions provided on the Website, the provisions of Legislative Decree No. 206 dated 6 September 2005 shall apply, and the Seller shall be liable towards the Customer for a period of two (2) years from delivery of the Products for any defect or lack of conformity with the description provided on the Website at the time the Products were ordered.

9.3. The Customer may request that the Products be brought into conformity free of charge or that they be replaced. If repair or replacement is impossible or excessively burdensome for the Seller and/or if the Seller has failed to repair or replace the Products within a reasonable period of time and/or if a previous repair or replacement has caused significant inconvenience to the Customer, the Customer may request a price reduction or termination of the contract. Articles 130 et seq. of Legislative Decree No. 206/2005 shall apply. Please note that repair or replacement does not trigger the beginning of a new warranty period.

9.4. Any defect or lack of conformity must be reported within two (2) months from the date on which it was discovered, otherwise the Customer shall lose the right to claim under the warranty.

1. RIGHT OF WITHDRAWAL

10.1. Without prejudice to the Customer’s rights under Article 9, the Customer has the right to withdraw from the contract concluded between the Seller and the Customer, without providing any reason, within 30 days from the date on which the Customer or a third party designated by the Customer (other than the courier or carrier) receives the last of the purchased Products.

If the Customer wishes to exercise their right of withdrawal, they must inform the Seller within the period indicated in Article 10.1 by using the withdrawal form and sending the completed form to info@spaghettiboulder.it, or by following the specific procedure indicated by the Customer Service Centre, or by submitting any other statement clearly expressing their intention to withdraw from the contract.

10.2. The burden of proof regarding the exercise of the right of withdrawal provided for in this Article shall lie with the Customer. In order to comply with the deadline set out in Article 10.1, it is sufficient that the withdrawal notice is sent before the expiry of the relevant period.

10.3. If the Customer exercises their right of withdrawal, they must return the Products to the Seller at the following address: 7to7 s.r.l., Via Al Pascolo 6, 23842 Bosisio Parini (LC), Italy. The Customer shall bear all costs relating to the return of the Products, unless otherwise agreed between the Seller and the Customer. The Products must be sent back to the Seller within 30 days from the date on which the Customer notified the Seller of their withdrawal from the contract.

10.4. In the event of withdrawal, the Seller shall refund the Sale Price received for the purchased Products (excluding shipping costs) within 15 working days from the date on which the Seller has received and inspected the conformity of the returned goods. The Seller shall use the same payment method used by the Customer for the purchase, unless otherwise agreed with the Customer. The refund shall not involve any cost for the Customer. The Seller shall have the right to suspend the refund until it has received the Products or until the Customer has provided proof that the Products have been returned, whichever occurs first.

10.5. In order to receive a full refund, the Products must be returned intact and in their original packaging. The Customer is only entitled to use the Products for the purpose of verifying whether they correspond to the description provided and function as expected. The Customer shall be responsible for any loss of value of the Products resulting from use exceeding the legitimate use described in this paragraph. In such case, the Seller shall have the right to apply a proportional deduction from the refund amount, taking into account the loss of value described above.

10.6. The Customer’s right of withdrawal shall not apply to contracts relating to the purchase of Products made to measure or clearly personalised, or Products which are likely to deteriorate or expire rapidly.

1. VOLUNTARY RETURN

11.1. Without prejudice to the Customer’s right of withdrawal, the Customer is entitled to return the Products for any reason by completing the online form available on the Website, within thirty (30) days from the date on which the Customer, or a third party designated by the Customer other than the courier and/or carrier, has received the last of the purchased Products. The thirty (30) day period represents the minimum period and the Seller may, at any time and at its discretion, grant the Customer a longer period for returning the Products.

11.2. The Customer may only return Products that are complete, unused and undamaged.

11.3. Returns must be sent back to the Seller at the Customer’s expense and without undue delay to the following address: 7to7 s.r.l., Via Al Pascolo 6, 23842 Bosisio Parini (LC), Italy.

11.4. Upon receipt of the Products, the Seller shall immediately inspect the Products in order to confirm to the Customer that the return has been accepted.

11.5. The Seller shall refund the Customer the Sale Price of the returned Products as soon as possible and, in any event, within 14 (fourteen) days from the date on which the Products are received. The Seller shall not refund any shipping costs incurred by the Customer.

1. COMMUNICATIONS

12.1. Except where expressly provided above or required by law, the Seller and the Customer shall primarily communicate via e-mail messages, which are recognised by both parties as a valid method of communication. The Seller may contact the Customer through the Customer Service Centre or through third-party logistics operators, also by using the telephone number provided by the Customer.

12.2. Written communications to the Customer, as well as complaints, shall only be considered valid if sent to the following e-mail address: info@spaghettiboulder.it

12.3. Both parties may change their e-mail address for the purposes of this Article at any time, provided that the other party is promptly informed using the existing and known e-mail address.

1. PROCESSING OF PERSONAL DATA

13.1. The Customer expressly declares that they have read and accepted the Seller’s privacy policy regarding the processing of personal data.

1. JURISDICTION AND ADR

14.1. In the event that disputes arise relating to or in connection with this contract, the parties agree to attempt to resolve such disputes amicably and by mutual agreement.

14.2. In the event of disputes between the Seller and the Customer, who also qualifies as a consumer for the purposes of the applicability of EU Regulation No. 524/2013, relating to contractual obligations arising from the online sales contract concluded between the parties, the Seller informs the Customer that the European Commission has developed and provides an online platform for the alternative out-of-court resolution of disputes, available at http://ec.europa.eu/odr (the ODR platform). Through this platform, consumer Customers may submit a complaint relating to an online sales contract concluded with the Seller. The aforementioned website (http://ec.europa.eu/odr) contains all the information necessary for consumer Customers to submit a complaint and follow the relevant procedure.

14.3. Any dispute that has not been resolved through out-of-court settlement procedures shall be submitted to the exclusive jurisdiction of the Court of Lecco (Italy). If the Customer also qualifies as a “Consumer” pursuant to Legislative Decree No. 206/05 and resides in a Member State of the European Union, the Customer may initiate proceedings relating to the contract concluded with the Seller before the competent court of the Member State of the European Union in which they reside.

1. APPLICABLE LAW

15.1. The contract shall be governed by Italian law.

1. FINAL PROVISIONS

16.1. The provisions contained in these general terms and conditions of sale supersede and replace any previous agreement, negotiation or understanding, whether written or oral, between the parties concerning the purchase and sale of the Products ordered.

16.2. The possible invalidity of any provision shall not affect the validity of the entire contract.

16.3. The contract for the purchase and sale of the Products shall be concluded in the Italian language.

16.4. The Seller may amend these terms and conditions of sale at any time. The contract concluded between the Seller and the Customer shall be governed by the general terms and conditions of sale in force at the time the contract is concluded.

CUSTOMER ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS:

Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the Customer declares that they have carefully read these general terms and conditions and expressly accepts the following clauses: Article 5 (Product Availability), Article 8 (Limitation of Liability), Article 14 (Jurisdiction and ADR), Article 15 (Applicable Law).