Terms and Conditions of Service

Spark Italy

OVERVIEW

Welcome to Spark Italy! The terms "we", "us" and "our" refer to Spark Italy (Beccani Italia Srl). Spark Italy operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services").

Spark Italy is Powered by Shopify, which enables us to provide you with the Services. The terms and conditions set out below, together with any policies referenced herein (these "Terms and Conditions of Service" or "Terms"), describe your rights and responsibilities when you use the Services. Please read these Terms and Conditions of Service carefully, as they contain important information about your legal rights and cover matters such as warranty disclaimers and limitations of liability. By visiting, interacting with or using our Services, you agree to be bound by these Terms and Conditions of Service and by our Privacy Policy. If you do not agree to these Terms and Conditions of Service or to the Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By accepting these Terms and Conditions of Service, you represent that you have reached the age of majority in your State or Region of residence and that you have given us your consent for any of your minor family members to use the Services on devices that you own, purchase or manage.

In order to use the Services, including accessing or browsing our online stores or purchasing any product or service we offer, you may be required to provide certain information, such as your email address and your billing, payment and shipping Data. You represent and warrant that all information provided in our store is accurate, current and complete, and that you hold all rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity carried out on your account. You may not transfer, sell, assign or license your account to third parties.

SECTION 2 – OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that the colours or appearance of products may differ from how they appear on your screen due to the type of device used to access the store and the settings and configuration of that device. We do not guarantee that the appearance or quality of any product or service purchased will meet your expectations or match what is represented or displayed in our online stores.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time, and we may limit the quantities of any product offered to any person, geographic area or jurisdiction, on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are submitting an offer to purchase. Spark Italy reserves the right to accept or refuse the order for any reason, at its own discretion. The order is not accepted until Spark Italy confirms its acceptance. Payment must be received and processed before the order is accepted. Please check your order carefully before submitting it, as Spark Italy may not be able to accommodate cancellation requests after the order has been accepted.

In the event that your order is not accepted, is modified or is cancelled, we will attempt to inform you by contacting you at the email address, billing address and/or telephone number provided when the order was placed.

Purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that purchases are intended for personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is submitted and will be stated in the order confirmation email. Unless expressly indicated otherwise, published prices do not include taxes, shipping charges, handling charges, customs duties or import costs.

Prices published in our online stores may differ from prices offered in physical stores or in online stores or other stores operated by third parties. From time to time we may offer promotions on the Services that may affect prices and that are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and their expiry dates, so that we can complete your transactions and contact you when necessary.

You represent and warrant that (i) the credit card information you provide is true, correct and complete, (ii) you are duly authorised to use that credit card for the purchase, (iii) the charges incurred will be honoured by the credit card issuer, and (iv) the amounts charged will be paid at the published prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for delays in shipping and delivery. All delivery times are indicative only and are not guaranteed. We are not responsible for delays caused by shipping carriers, by customs procedures or by events beyond our control. Once the products have been transferred to the carrier, title and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, display elements, images, graphic elements, product reviews, video and audio, as well as their design, selection and arrangement, are owned by Spark Italy, its affiliates or its licensors and are protected by United States and foreign laws on patents, copyright and other intellectual property rights.

These Terms permit the use of the Services solely for personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material on the Services without our prior written consent.

Except as expressly provided in these Terms, nothing contained herein grants, or shall be construed as granting, any licence or other rights in relation to patents, trademarks, copyright or other intellectual property rights of Spark Italy, Shopify or third parties. Unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved by Spark Italy.

The names, logos, product and service names, designs and slogans of Spark Italy are trademarks of Spark Italy or of its affiliates or licensors. You may not use those trademarks without the prior written consent of Spark Italy. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties, as part of the Services, which we neither monitor nor have any control or influence over. You acknowledge and agree that we provide access to such tools "as is" and "as available", without any warranty, representation or condition of any kind and without any endorsement. We will have no liability whatsoever arising out of or in connection with your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms and conditions under which such tools are provided by their respective third-party providers. We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features will also be deemed part of the Services and will be subject to these Terms and Conditions of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any integrated third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites that you choose to access. If you decide to leave the Services in order to access such third-party materials or sites, you do so at your own risk.

We are not liable for any damage or harm connected with accessing third-party websites or with the purchase or use of products, services, resources or content found on third-party websites. Please review the policies and practices of third parties carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions relating to third-party products and services must be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Spark Italy is supported by Shopify, and this enables us to provide you with the Services. However, all sales and purchases made in our store are made directly with Spark Italy. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Spark Italy, including any damage, injury or loss arising from the products and services purchased. You hereby expressly release Shopify and its affiliates from any claim, damage and liability arising out of or in connection with your purchases and transactions with Spark Italy.

SECTION 10 – PRIVACY POLICY

All personal data we collect through the Services is subject to our Privacy Policy, and certain personal data may be subject to the provisions of Shopify's Privacy Policy. By using the Services, you represent that you have read this privacy policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services will be transmitted to and shared with Shopify as well as with third parties that may be located in a country other than the one in which you reside, in order to provide you with the services. Please see our privacy policy for further details on how we, Shopify and our partner use your personal data.

SECTION 11 – FEEDBACK

If you forward, upload, publish, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable and royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial use.

We may, for example, exercise the rights arising from that licence in order to operate, provide, evaluate, improve, refine and promote the Services and to perform our obligations and exercise our rights under the Terms and Conditions of Service. You further represent and warrant that: (i) you own or hold all necessary rights in all Feedback; (ii) you have disclosed any compensation or incentive received in connection with the submission of the Feedback; and (iii) your Feedback will comply with these Terms.

We are not and will not be under any obligation to (1) keep your Feedback confidential; (2) pay any compensation for your Feedback; or (3) respond to your Feedback. We may, without being under any obligation to do so, monitor, edit or remove feedback that we, at our sole discretion, consider unlawful, offensive, threatening, defamatory, libellous, pornographic, obscene or otherwise objectionable, or that infringes anyone's intellectual property or these Terms and Conditions of Service.

You undertake that your Feedback will not infringe any third-party rights, including copyright, trademark, privacy, personality rights or other personal or proprietary rights. You further undertake that your Feedback will not include libellous, defamatory or otherwise unlawful, unlawful or obscene content, nor contain computer viruses or other malware that could in any way affect the operation of the Services or of any related website.

You may not use a false email address, pretend to be someone else or otherwise mislead us, or mislead third parties, as to the origin of any Feedback. You are solely responsible for any Feedback you provide and for its accuracy. We assume no responsibility and accept no liability for any Feedback posted by you or by third parties.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally certain information on or within the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, product shipping costs, transit times and availability. If such information is inaccurate, we reserve the right to correct errors, inaccuracies or omissions and to change or update the information or cancel orders at any time and without prior notice (including after an order has been submitted).

SECTION 13 – PROHIBITED USES

You may access and use the Services solely for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or harmful purpose; (b) to violate international, federal, provincial or state regulations, rules, laws or ordinances; (c) to infringe or harm our intellectual property rights or the intellectual property rights of third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or damage any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including junk mail, chain letters, spam or any other similar form of solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services or that, at our discretion, may harm Spark Italy, Shopify or the users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that is or may be used in any way that compromises the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services; (c) collect or monitor the Personal Data of others; (d) spam, phish, pharm or pretext on the Services; (e) use robots, spiders, scraping tools, data harvesting and extraction tools, automated devices or processes, Artificial Intelligence tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass or circumvent security or authorisation features, robot exclusion headers or other measures we have adopted to restrict access to the Services.

We reserve the right to suspend, disable or terminate your account at any time, without notice, if we determine that any part of these Terms has been breached.

SECTION 14 – AGENTS

14.1 This section (Terms for Agents) applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with the Services. "Agent" means any software or service that takes autonomous or semi-autonomous actions on behalf of or on the instructions of any person or entity, and that may run on behalf of or by means of that person's device, without direct supervision.

14.2 No Agent may access, use or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements set out in section 14.4 below. Furthermore, no Agent may access, use or interact with the Services if we have requested that the Agent refrain from accessing, using or interacting with any service.

14.3 We may impose limits, including through technical measures, on the manner and conditions under which an Agent may access, use and interact with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request comes from an Agent and state the name of the Agent by including the following in the user-agent string of the request: "Agent/[agent name]"; (ii) not conceal or obscure the fact that any access, use or interaction comes from an Agent, for example by (a) mimicking human behaviour and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) answer truthfully any question or prompt intended to determine whether the interactions come from a human being or a computer; (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify or control whether and how Agents access, use or interact with the Services.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination. Even in the event of termination, the following sections will continue to apply: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provision which by its nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance placed on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or by any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY SPARK ITALY, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER OF WARRANTY MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SPARK ITALY, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE HELD LIABLE FOR ANY INJURY, LOSS, CLAIM OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BY WAY OF EXAMPLE AND WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY SERVICE OR OF ANY PRODUCT PURCHASED THROUGH THE SERVICES, OR FROM ANY OTHER CLAIM HOWEVER CONNECTED WITH YOUR USE OF THE SERVICES OR OF ANY PRODUCT, INCLUDING, BY WAY OF EXAMPLE AND WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Spark Italy, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including reasonable legal fees, owed to third parties or arising from (1) your breach of these Terms and Conditions of Service or of the documents incorporated herein by reference, (2) your violation of any law or of the rights of third parties, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, it being understood that any failure to give timely notice will not release you from your obligations unless you suffer material prejudice. We may control the defence and settlement of such claim at your expense, including the choice of counsel, but we will not settle any claim that imposes non-monetary obligations without your consent, which shall not be unreasonably withheld. You will cooperate in the defence of indemnified claims, including by providing relevant documentation.

SECTION 19 – SEVERABILITY

In the event that any provision of these Terms and Conditions of Service is held to be unlawful, void or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms and Conditions of Service; such determination will not affect the validity and enforceability of the remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms and Conditions of Service will not constitute a waiver of that right or provision. These Terms and Conditions of Service and any policy or operating rule posted by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, by way of example and without limitation, any prior versions of the Terms and Conditions of Service). Any ambiguity in the interpretation of these Terms and Conditions of Service shall not be construed against the drafting party.

SECTION 21 – ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of the rights or obligations under these Terms without our prior written consent, and any attempt to do so will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 22 – GOVERNING LAW

These Terms and Conditions of Service and any separate agreement under which we provide the Services will be governed by and construed in accordance with the laws of the Italian Republic, the jurisdiction in which Spark Italy is established. You and Spark Italy consent to the venue and personal jurisdiction of the Italian courts, without prejudice to the mandatory rights granted to consumers under the law of their place of residence.

SECTION 23 – HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions of Service.

SECTION 24 – CHANGES TO THE TERMS AND CONDITIONS OF SERVICE

You can review the most current version of the Terms and Conditions of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date stated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms and Conditions of Service constitutes acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

Questions about the Terms and Conditions of Service should be sent to info@spark-italy.it. Our contact details are set out below:

Spark Italy (Beccani Italia Srl) Email: info@spark-italy.it Address: Via Vannetti Donnini 53/28, 59100 Prato (PO), Italy Telephone number: [TO BE ADDED] Companies Register (REA) number: [TO BE ADDED] VAT number: 02405860970