This information is provided for the site “https://spokj.com/” (Site) owned by BREMAL SRL, with headquarters in Via Lombardia 3 Lurate Caccivio (CO) 22075 ITALY, Como Chamber of Commerce, with VAT No. 03909930137 (Seller).
Art. 1. Scope of Application
1.1 Any sale on the Site constitutes a distance contract governed by Legislative Decree 9 April 2003, n. 70, containing the rules of electronic commerce.
1.2 The General Conditions of Sale apply to all sales made by the Seller on the Site. The terms indicated are intended as working days, therefore excluding Saturdays, Sundays and national holidays.
1.3 The General Conditions of Sale may be modified at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Site. You are therefore invited to regularly access the Site and to consult the most updated version of the General Conditions of Sale before making any purchase.
1.4 The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is sent.
1.5 These General Conditions of Sale do not regulate the sale of products and/or services by subjects other than the Seller that may be present on the Site through links, banners or other hypertext links. Before carrying out commercial transactions with such subjects it is necessary to verify their conditions of sale. The Seller is not responsible for the supply of services and/or the sale of products by such subjects. The Seller does not control and/or monitor the websites that can be consulted through these links. The Seller is therefore not responsible for the content of such sites or for any errors and/or omissions and/or violations of law by the same.
1.6 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site.
1.7 The submission of the purchase order constitutes acceptance of these General Conditions of Sale.
Art. 2. Purchases on the Site
2.1 The purchase on the Site
may be made upon registration to the Site
is allowed to users who are professionals. Pursuant to art. 3, paragraph I, letter. c) of the Consumer Code, the quality of professional is the natural person or legal entity acting in the exercise of its business, commercial, craft or professional activity, or its intermediary.
2.2 The Seller reserves the right to refuse or cancel orders that come from:
from a user with whom the Seller is in legal dispute
by a user who has previously violated the General Conditions of Sale
by a user who has been involved in crimes
by a user who has provided false, incomplete or inexact identification data, or who has not promptly sent the Seller the documents requested by the same or who has sent invalid documents.
Art. 3. Registration to the Site
3.1 To register on the Site you must fill out the appropriate form, entering the following data:
3.2 You agree to inform the Seller immediately if you suspect or become aware of any misuse or improper disclosure of your Site access credentials.
3.3 The user registered to the Site guarantees that the personal information provided by him is complete and true and agrees to hold the Seller harmless and indemnified from any damage, obligation to pay compensation and / or penalty arising from and / or in any way related to the violation by the user of the rules on registration to the Site or the storage of registration credentials and / or the provision of personal data false, incomplete or otherwise inaccurate, without prejudice to the right of the Seller to proceed to disable the user’s account.
Art. 4. Information directed to the conclusion of the contract
4.1 In accordance with Legislative Decree 9 April 2003, n. 70 laying down provisions on electronic commerce, the Seller informs you that
to conclude a purchase contract on the Site, you must fill out an order form in electronic format and send it to the Seller, electronically, following the instructions that will appear from time to time on the Site
the contract is concluded when the order form reaches the server of the Seller
once the order form has been received, the Seller will send you an order confirmation to the indicated e-mail address containing
the information relative to the characteristics of the purchase
an indication of the price.
Art. 5. Availability of Products
5.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that several users purchase the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order.
5.2 Inside the Site there is information regarding the availability of each Product.
5.3 You will be informed in case of unavailability of the Product ordered. In this case you will be entitled to terminate the purchase contract pursuant to and for the purposes of the provisions of art. 61, IV and V paragraph, of the Consumer Code.
5.4 Alternatively, you may accept
if a reassortment is possible, an extension of the delivery terms, offered by the Seller, with indication of the new delivery term
if no re-assortment is possible, the Seller will provide a different product of equivalent or higher value, subject to payment, in the latter case, of the difference, and upon express acceptance of the user.
5.5 If you request a refund of the amount paid for the purchase of products that are then found to be unavailable, the Seller will make the refund within a maximum period of 15 days.
5.6 In the event that you make use of the right of termination referred to in art. 61, IV and V paragraph, Consumer Code, the contract is terminated; in the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if any, and any other additional cost, as resulting from the order (Total Amount Due) has already occurred, the Seller will refund the Total Amount Due in accordance with the provisions of the article “Methods of payment” below.
Art. 6. Information Sheet
6.1 Each product is accompanied by an information page that illustrates its main characteristics (Information Sheet). The images and descriptions on the Site reproduce as faithfully as possible the characteristics of the Products. The colors of the Products, however, may differ from the real ones due to the settings of the computer systems or computers you use to view them. In addition, the Product images on the Information Sheet may differ in size or in relation to any accessory products. Such images must therefore be understood as indicative and within the tolerances of use.
Art. 7. Prices
7.1 All prices of the Products published on the Site do not include Value Added Tax.
7.2 The Seller reserves the right to change the price of the Products, at any time, without prior notice, it being understood that the price charged to you will be the one indicated on the Site at the time the order is placed and that no account will be taken of any variations (upwards or downwards) subsequent to the transmission of the order.
7.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds to the transmission of the same.
Art. 8. Purchase Orders
8.1 The Seller will ship the Products only after receiving confirmation of authorization to pay or upon crediting of the Total Amount Due. Title to the Products will pass to you on dispatch, which will be deemed to be the time when the Product is handed over to the carrier. Risk of loss of or damage to Products not caused by Seller shall pass to you when you or a third party appointed by you other than the carrier take physical possession of the Products.
The Service you have chosen will be provided only after payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after submitting your purchase order, it is found that you have not paid all or part of the Total Amount Due.
8.2 The purchase contract is resolutively conditional on non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will be cancelled accordingly.
8.3 In order to send a purchase order it is necessary to read and approve these General Conditions of Sale, by checking the appropriate box in the pages of the purchase process. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site.
Art. 9. Methods of payment
9.1 On the Site are allowed the following methods of payment:
9.2 The Seller accepts the credit cards of the circuits:
They are, in any event, indicated in the footer of each page of the Site.
The charge will be made only after (i) the details of your payment card used for payment have been verified and (ii) the issuer of the payment card used by you has authorized the charge.
The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, not even if you choose to store such data on the Site, the data of your payment card used to pay for the Products.
The charge will be made at the time of transmission of the order.
9.3 On the Site you can also make purchases through the PayPal payment solution. If you choose PayPal as a payment method, you will be redirected to the site www.paypal.it where you will make the payment according to the procedure provided and regulated by PayPal and the terms and conditions agreed between you and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the data of the payment card connected to your PayPal account or the data of any other payment instrument connected to that account.
In case of payment through PayPal, the Total Amount Due will be debited by PayPal at the same time as the conclusion of the contract through the Site. In case of termination of the purchase contract and in any other case of refund, for any reason, the amount of the refund due to you will be credited to your PayPal account. The timing of crediting to the payment instrument linked to that account depends exclusively on PayPal and the banking system. Once the crediting order in favor of such account has been placed, the Seller cannot be held responsible for any delays or omissions in the crediting of the refund amount, to dispute which you must contact PayPal directly. Any refund to be made pursuant to these General Conditions of Sale shall be credited to your PayPal account.
9.4 In case you choose bank transfer as payment method, the Seller, once received the order, will inform you by email the bank details and the deadline for the transfer. The email may contain a request to send by email the receipt of the transfer or the confirmation of the execution of the same.
In case of payment by bank transfer, the delivery time of the Product indicated in the Product Sheet and/or on the Site, will start from the date of receipt of the bank transfer by the Seller and not from the date of transmission of the order, as is the case if you choose other methods of payment.
Unless otherwise agreed, Services will be rendered only after receipt of the Total Amount Due by bank transfer.
You are requested to indicate the following data in the reason for the transfer:
the reference number of the order.
From the sending of the order you must arrange the payment within 2 working days. Failing this, the Seller reserves the right to cancel the order in the next 5 working days.
Art. 10. Delivery of Products
10.1 There are no limitations to the delivery, except for the cases eventually indicated on the Site and/or in the Product Sheet.
10.2 Shipping costs are indicated from time to time on the Site and/or in the Product Sheet.
10.3 From the date of placing the order, the Products will be delivered within 6 days and, in any event, within thirty days from the date of the conclusion of the contract.
10.4 It is up to you to check the condition of the Product delivered. Being understood that the risk of loss or damage of the Product, for causes not attributable to the Seller is transferred when you, or a third party appointed by you and different from the carrier, materially comes into possession of the Product, the Seller recommends you to check the number of Products received and that the packaging is intact, not damaged, not wet or in any case altered, including the closing materials and you are invited, in your interest, to indicate on the transport document of the carrier, any anomalies, accepting the package with reserve. In the event that the package presents obvious signs of tampering or alteration, it is appropriate to give prompt notice to the Seller. This is without prejudice, in any case, the application of the rules on the right of withdrawal (if any for the Product) and the legal guarantee of conformity.
Art. 11. Right of Withdrawal
11.1 Purchases on the Site are allowed only to those who have the status of “professional” in accordance with the provisions of the Consumer Code. The right of withdrawal is excluded for professionals. Therefore, you do not have this right, unless otherwise agreed with the Seller.
Art. 12. Legal Warranty
You are entitled to the legal guarantee provided by art. 1490 c.c. and ss. It provides that the seller must ensure that the product or service sold is free from defects that make it unsuitable for the use for which it was purchased. In case of defects, you may request a reduction in the purchase price or termination of the contract. To obtain the remedy of the defect under warranty you must report the defect within 8 days of discovery.
Art. 13. Conventional warranty of the manufacturer
13.1 The Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer (Conventional Warranty). You can enforce this warranty only against the manufacturer. The duration, extension, including territorial extension, the conditions and methods of use, the types of damage/defects covered and any limitations of the Conventional Guarantee depend on the individual manufacturer. The Conventional Warranty is voluntary in nature and does not replace, limit, prejudice or exclude the Legal Warranty.
Art. 14. Applicable law and competent court; out-of-court settlement of disputes – Alternative Dispute Resolution/Online Dispute Resolution
14.1 The purchase contracts concluded through the Site are governed by Italian law.
14.2 For any lawsuit arising from the application and/or interpretation of these General Conditions of Sale, the competent court is the one where the Seller has its headquarters, pursuant to the provisions of Article 1 above.
14.3 The user who resides in a member state of the European Union other than Italy, may also have access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for small claims, by Regulation (EC) No 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interests, fees and expenses, Euro 2,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu.
Art. 15. Customer service and complaints
It is possible to ask for information, send communications, request assistance or make complaints, by contacting the Seller in the following ways
by email, to the following address: amministrazione@spokj.com .
The Seller will respond to complaints made within 3 days of receipt thereof.