Terms of service

General conditions of Sale


1 Object and scope of application
2 Browsing and purchasing
3 Sales price
4 Information and availability of the Products
5 Payment methods
6 Delivery of Products and shipping costs
7 Import taxes and customs duties
8 Legal guarantee of conformity
9 Right of withdrawal
10 Purchase, use and redemption of the Gift Card
11 Use of the E-shop by Users
12 Complaints and assistance
13 Applicable law and dispute resolution
14 Changes and updates
15 Final provisions

1 Object and scope of application


1 These General Conditions of Sale (“CGV”) govern the offer and sale of products through the “ASPIE SHOP” e-shop (“E-shop”) by Broker(Pro) of Flaviano Fiocchi with registered office registered office in Via Cremuzio Cordo 6, Rome, Italy, VAT number. IT14989621009 (“Seller”)

2 The GCS apply to all purchases made through the E-shop by users of legal age (“Users”). By making the purchase, therefore, the User declares and guarantees, under his own responsibility, that he is at least 18 years old.

3 The sale and purchase of products and/or gift cards made available on the E-shop ("Products") implies the conclusion of a remote sales contract between the Seller and the User.

4 The personal data acquired or provided by Users during the use of the E-shop or during the purchase of the Products will be processed in compliance with Regulation (EU) 2016/679 (“GDPR”), of the Legislative Decree. n. 196/2003 (“Privacy Code”), as well as in accordance with what is indicated in the Privacy Policy, available by clicking https://www.aspieshop.com/policies/privacy-policy

 

2 Browsing and purchasing


2.1 Browsing and consulting the E-shop is free and does not require registration. In any case, the costs of connecting to the Internet are borne by the User, based on the rates applied by their operator.

2.2 The purchase of the Products is subject to prior viewing and acceptance of the Privacy Policy and these GCS.

2.3 In order to purchase the products in the E-shop, the User must access the area of the E-shop dedicated to this purpose. Within the E-shop you can select individual Products for Purchase. To this end, it will be sufficient to indicate the quantity and confirm the selected Product, after choosing any variations (e.g. colour, size, etc.). In this way the Products are placed in the virtual cart. You can add, delete or confirm all the Products selected and contained in the virtual cart. In order to purchase the selected Products, the User must complete an electronic order form and send it following the instructions on the E-shop and, in particular:

- if already registered on the Aspie Shop platform, you will be able to confirm the order via the same email address and access password used on Aspie Shop, which also allow you to access the E-shop;
- if not yet registered, proceeding with the registration and creation of a user account on the E-shop, indicating all the requested data;
- without registration, providing the data necessary to finalize the purchase.

Sending the order constitutes a purchase proposal which will be considered accepted only when the order is confirmed by the Seller via e-mail using the "Your order confirmation" form.
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The confirmation is sent a maximum of 2 working days from receipt of the order. If the payment is not successful, the contract will not be considered concluded and, to purchase the Product, the User will be required to send a new order form.

2.4 The Seller may, at its discretion, not accept the order if the information provided by the User is incorrect or misleading (e.g. incorrect or insufficient payment details, incorrect billing details, incorrect or incomplete shipping address), or if incorrect data is reported on the E-shop (e.g. error relating to the price, availability, or description of the Products).

2.5 Before completing the purchase procedure, the User must verify the correctness of the data entered. To this end, the User declares and guarantees that the data provided during the purchase process or subsequently are correct and truthful; otherwise, the Seller cannot be held responsible, nor obliged to repeat any service performed.

 

3 Sales price


3.1 For each item the unit sales price expressed in currency, VAT is indicated. (Value Added Tax) including and net of shipping costs. VAT will be applied taking into account the User's country of residence (where due) based on the rate in force at the time the Product was purchased.

3.2 Shipping costs may vary depending on the type of delivery, the quantity of products to be shipped, their volume, weight and place of destination. Shipping costs will be shown during the purchase procedure and in the "Your order confirmation" form.
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3.3 The price of the Products and/or shipping costs may be modified at any time and without notice, it being understood that the price charged to the User will be that indicated on the E-shop at the time of sending the order form and summarized in the "Your order confirmation" form. Any price changes occurring after the User has sent the order form will not be taken into account.

3.4 In the "Sale" section of the E-shop the Seller will make available the Products that are offered at a discounted price compared to the Product price charged by the Seller, for the same Products, to all Users in the previous 14 days. For each Product, the previous sales price will be specifically reported via a specific disclaimer and/or according to the additional methods that will be shown on the E-shop.


4 Product information and availability


4.1 Each product on sale is accompanied by a photo, a description and a price which varies depending on the country of destination of the goods.

4.2 The information relating to the Products is as accurate and up-to-date as possible. All images, descriptions and illustrations are for indicative purposes only and, given that the colors depend on the monitor used, they may be different from those of the Products delivered. For this reason, the images of the Products must be understood with the tolerances of use.

4.3 The availability of the Products present in the E-shop is continuously monitored. However, considering that the E-shop can be visited by multiple Users at the same time, the selected Product may no longer be available after the User has sent the order form. In this case, the User will be promptly informed by e-mail and, if the payment has already been successful, the price paid will be refunded within a maximum period of 14 calendar days using the same payment method used for the payment. purchase, without prejudice to any delays in crediting depending on the banking institution and/or the payment method used by the User.

 

5 Payment methods


5.1 To pay for the Products, the User can use the payment methods indicated from time to time on the E-shop including, by way of example and not limited to:
Credit card;
Paypal;

In case of purchase of the Products by credit card or Paypal, the price may be charged at the same time as the order form is sent.

5.2 To purchase a Product, the User may possibly use:
a promotional code to be entered in a dedicated section during the purchase process and before sending the order form. In this case, the total price of the Product or, in the case of multiple orders, of the entire order will be decreased by an amount corresponding to the value of the promotional code;
a gift card in accordance with the provisions of the following art. 10.

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6 Delivery of Products and shipping costs


6.1 All Products purchased by the User will be shipped via Express Courier (national and international) to the address indicated by the User for delivery. The costs and conditions applicable to shipping will be shown during the purchase procedure and summarized in the "Your order confirmation" form. Shipping costs vary depending on the country of destination of the order: as an indication, shipping costs vary in relation to the sending destination and/or weight/volume and have a minimum standard shipping cost of €6.90 for orders national shipments.
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6.2 The Products will be shipped only after payment of the purchase price of the Product, as confirmed by the Seller in the "Order Confirmation" form. The shipped Products are approximately delivered within 6-7 working days of shipment. In any case, during periods of higher sales volume (sales, black friday, Christmas holidays) or should problems arise which are not attributable to the Seller, the delivery of the Products will in any case take place within the shortest possible time compatible with the replenishment, production and and fulfillment of orders from the order confirmation date.

In case of delay, in accordance with the provisions of the art. 61 of Legislative Decree no. 206/2005 (“Consumer Code”), the User may request that delivery be made within an additional period and, in case of further delay, terminate the purchase contract for the Product. In this last case, the Seller will reimburse the User for the costs incurred for the purchase of the Product, without delay and through the same payment method used for the purchase.

6.3 All shipments relating to purchases made on the E-shop are equipped with the relevant tracking code. Shipments are made from Monday to Friday. Any variation to the above will be promptly communicated via e-mail to the User. The couriers used for deliveries may vary depending on the country of destination and the economic agreements between them and the Seller, in full compliance with the quality and timeliness of the delivery service provided.

 

 

7 Import taxes and customs duties


The Products are subject to import taxes and/or customs duties depending on the type of product and the country of destination. In this case, customs clearance costs, import taxes and/or customs duties will be borne by the User; however, since it is not possible to predict in any way whether and what costs will be incurred by the User for customs clearance of the goods, for further information it is possible to contact the customs office in your country.
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8 Legal guarantee of conformity



8.1 The Products purchased are covered by the legal guarantee of conformity provided for by the articles. 128 and following of the Consumer Code. In particular, the Seller guarantees that the Products have the characteristics described on the E-shop and the related conformity.

8.2 The User has the right to have the conformity of the Products restored, without charge, or, if the latter is not possible, to a reduction in the purchase price.

8.3 Residually, in the event that the repair or replacement proves impossible or excessively onerous, the User will have the right to obtain from the Seller a price reduction commensurate with the defect found, or to terminate the contract where the following hypotheses apply:
(i) the Seller has not, where possible, replaced the Product;
(ii) the warranty services provided by the Seller are not suitable for restoring the conformity of the Product;
(iii) in case of unavailability of the Seller to restore the conformity of the Product.
It is understood that, in any case, the contract cannot be terminated in the event of minor defects.

 

 

9 Right of withdrawal


9.1 The User may withdraw from the purchase, without having to justify the reasons, within a period of 14 working days ("Withdrawal Period") starting: (i) in the case of an order relating to a single Product, from the day on which the User or a third party, other than the carrier and designated by the User, acquires physical possession of the Product; or (ii) in the case of a multiple order with separate deliveries, from the day on which the User or a third party, other than the carrier and designated by the User, acquires physical possession of the last Product.

9.2 The right of withdrawal can be exercised, within the period indicated above, via:
any written communication to the contact channels indicated in the following art. 12;
completing and sending, in electronic form, the withdrawal form accessible by clicking here.
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In the event that the User opts for this method, the Seller will promptly send the User a confirmation of receipt of his/her wish to withdraw to the User's e-mail address.


9.3 The right of withdrawal will be considered correctly exercised if the aforementioned communications have been sent by the User before the expiry of the Withdrawal Period. Furthermore, the withdrawal applies to the purchase order in its entirety and cannot be exercised in relation to parts and/or accessories of the same.

9.4 It is understood that, pursuant to art. 59 of the Consumer Code, the right of withdrawal is excluded in the case of supply of personalized goods (e.g.: products personalized with names and/or numbers, with patches, with initials, with the exception of defective or damaged products), as well as goods sealed that are not suitable for return for hygienic or health protection reasons and which have been opened after delivery (e.g. underwear and costumes, facial protection masks, etc.).

9.5 Following withdrawal, the User is required to return the Product without undue delay and, in any case, at the latest within 14 days from the day on which he communicated his wish to withdraw.

9.6 The direct costs of returning the Product following the exercise of the right of withdrawal are the sole responsibility of the User, which vary depending on the User's country of residence and the conditions applied to him by the carrier identified by him.

By agreement with the Seller, the Product must be returned with an insured package, carriage paid to: Broker(Pro) Via Cremuzio Cordo 6 00136 Rome, Italy.
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No package sent cash on delivery or freight collect will be collected by the Seller. However, in the event that the right of withdrawal is exercised by the User for reasons attributable to the Seller (for example, in the case of shipping a good other than the one purchased), the shipping costs will be borne by the Seller himself.

9.7 In order for the right of withdrawal to be considered correctly exercised, the Products must be returned intact, in their original packaging, in perfect condition, free from signs of wear and dirt, except those compatible with carrying out an examination of the characteristics of the Product, which must not in any case bear traces of prolonged use or in any case exceeding the time necessary for a test, nor must it be in such a state that it cannot be resold. In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from its handling other than that necessary to establish its nature, characteristics and qualities, the refund will be reduced by an amount equal to that decrease in value. Appropriate communication will be given to the User of this circumstance and the consequent decreased reimbursement amount before the relevant reimbursement.

9.8 Following the return of the Products, the Seller will refund the price paid by the User (excluding delivery costs). The refund of the price will be made within 14 days of receipt of the Product using the same payment method used by the User to purchase the Product.

9.9 In the event that the withdrawal has not been exercised in compliance with the applicable legislation and what is indicated in this art. 9, the Seller will communicate this to the User, rejecting the withdrawal. The Product, if already returned, will remain available to the User for collection, which must take place at the expense and under the responsibility of the same. If the User fails to collect the Product and/or contact the Seller to arrange a new delivery of the same, the costs of storing the Product may be charged to him.

 

 

10 Purchase, use and redemption of the Gift Card.


The sale of gift cards is temporarily suspended starting 01/27/2024. For all purchasers of Gift Cards prior to this date and for all Aspie Shop users who have redeemed the Gift Card in their account the conditions indicated below apply.

10.1 If a User is in possession of a gift card (“Gift Card”) he or she will be able to purchase one or more Products on the E-shop for an amount equal to the value of the Gift Card. To find out the economic value associated with your Gift Card it is necessary to have the order confirmation sent via email to the sender and recipient of the Gift Card and/or have access to the user area of the E-shop. Through the user area of the E-shop it will also be possible to transform the Gift Card into credit to be spent exclusively on the Aspieshop.com website

10.2 To find out in detail how to purchase, use and redeem Gift Cards, please consult the following page.

10.3 The Gift Card is an intangible asset; its delivery is carried out virtually immediately after the payment confirmation of the order, via email containing the unique alphanumeric code to be used for the relevant redemption within the E-shop. The Gift Card purchased is valid for 365 days from the moment of purchase. The Gift Card is not reloadable, cannot be resold, converted into cash or transferred to another Gift Card. Promotional codes cannot be used to purchase a Gift Card.

10.4 It is possible to exercise the right of withdrawal also from the purchase of the Gift Card, which must comply with the provisions of the previous art. 9. In this case, the right of withdrawal can be exercised exclusively by the purchaser of the Gift Card and the refund will be made directly to the payment method chosen for the initial purchase. The partial or total use of the Gift Card, as well as its redemption in credit to be spent on the aspieshop.com website pursuant to art. 10.1 above make it impossible for the User to exercise the right of withdrawal. If the amount contained in the Gift Card is not sufficient to finalize the order, it will be possible to complete the order by adding the missing portion of the price for the purchase of the Product using one of the payment methods indicated in the art. 5 above.


10.5 Considering that the Gift Cards constitute bearer legitimation securities which do not bear interest, the User or the person to whom the same has been validly and lawfully delivered are required to keep them in good faith; for this reason, the Seller declines all responsibility in the event of theft or unauthorized use of the Gift Cards themselves. In the event of loss and/or theft of the Gift Card, Users will be required to immediately notify the Seller, as well as to file a complaint with the competent Authorities (sending a copy to the Seller). Failing this, the Seller will not be required to provide any refund or replacement.



11 Use of the E-shop by Users


11.1 All expressions of will, acts and facts producing legal and economic effects carried out by Users during navigation and use of the E-shop will have the same attributes. Users are responsible for safeguarding their authentication credentials (for example, username and password), which must be used exclusively by the User on their devices and cannot be transferred to third parties. The User undertakes to keep them secret and to ensure that no third party has access to them, as well as to immediately inform Aspie Shop if he suspects or becomes aware of improper use or improper disclosure of his authentication credentials.


11.2 The Seller cannot be held responsible for any damage caused by the use of its authentication credentials and/or codes by another person, with or without authorization, and regardless of whether the User is aware of it. The User will also be held responsible for any losses suffered by the Seller and/or third parties due to the use of their authentication credentials or codes by another party.

11.3 In the event of alleged violations of these GCS, the Seller reserves the right not to activate or suspend the purchase process, as well as to interrupt the User's access to the E-shop until the lawfulness of the behavior is ascertained of the latter.

 

12 Complaints and assistance


12.1 Each User has the right to request information or lodge a complaint regarding issues relating to the Products purchased and/or the use of the E-shop. To this end, the User may contact the Seller via the contact details available at this link click here.
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12.2 In the event of complaints, the Seller will take charge of and respond to the complaint no later than the third working day following the date of receipt of the complaint. The Seller may contact the User through the contact details that he communicated during the Product purchase procedure or subsequently.
Applicable law and dispute resolution



13 Applicable law and dispute resolution


13.1 All contracts concluded between the User and the Seller are subject exclusively to Italian law.

13.2 In the event of problems connected to the purchase of the Products or should a dispute arise regarding the validity, interpretation or termination of the contract, the User may resort to extrajudicial dispute resolution methods (so-called "Alternative Dispute Resolution" or “ADR”) regulated by articles. 141 and following of the Consumer Code. To this end, the User may also use the European Commission On-line Dispute Resolution platform, which contains the list of ADR bodies and through which they can start an online ADR procedure.

 Go to the website 
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In any case, the User retains the right to assert his/her claims before the competent judicial authority, regardless of the outcome of the out-of-court settlement procedure.


13.3 For any judicial dispute that may arise regarding the validity, interpretation or execution of the GCS, the judge of the place where the User has his residence or domicile will be competent and on condition that the latter holds the status of consumer pursuant to the Code of Consumption. Otherwise, the Court of Rome will have exclusive jurisdiction.


14 Changes and updates


14.1 The Seller reserves the right to update and/or modify the E-shop and these GCS at any time to offer new products and/or services, or to comply with legal or regulatory provisions. However, it is understood that the GCS will be applied in their current version at the moment in which the User has sent an order via the E-shop.

14.2 Any changes to these GCS will be published on the website and/or communicated to the User through the methods that the Seller deems most appropriate. Within the next 2 days, the User may refuse the new version of the GCS; however, if during that period the User makes a new purchase, he automatically accepts the new version of the GCS.

 

 

15 Final provisions

15.1 The GCS are made available in Italian and English. It is understood that if these are made available in languages other than Italian, in the event of a discrepancy, the provisions of the GCS must be interpreted using the Italian version.

15.2 If any provision of these GCS is declared invalid, void or for any reason inapplicable, this will not affect the validity and effectiveness of the other provisions or the validity of the GCS in their entirety.

15.3 These GCS or previous versions can be viewed or downloaded at any time according to the methods made available from time to time on the E-shop.