Termini e condizioni del servizio

1. Introduction and Scope

Welcome to Sunrkle(hereinafter referred to as “we,” “us,” “our,” or the “Company”). These Terms of Service (the “Terms”) govern your use of our website located at www.sunrkle.shop (the “Site”) and any related services, features, or content offered by us (collectively, the “Services”).

These Terms constitute a legally binding agreement between you (the “Customer,” “User,” or “you”) and the Company. By accessing or using our Site, registering an account, or placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms.

Important – Consumer Protection: If you are acting as a consumer (i.e., an individual purchasing goods for purposes unrelated to your trade, business, craft, or profession), separate mandatory legal protections apply under Italian Legislative Decree No. 206/2005 (the Consumer Code). In the event of any conflict between these Terms and your mandatory consumer rights, your consumer rights shall prevail.

Language: These Terms are drafted in English. For Italian customers, an Italian language version is available upon request. In the event of any inconsistency between the English and Italian versions, the Italian version shall prevail for consumers located in Italy, as required by Italian law.

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2. Eligibility and Account Registration

Age requirement: You must be at least 18 years old to create an account or place an order through our Site. If you are under 18, you may only use our Site with the involvement and consent of a parent or legal guardian.

Account creation: You may browse our Site without creating an account. However, to place an order, you must provide certain information (name, email, shipping address, payment details). You may choose to create a registered account to facilitate future purchases.

Account responsibilities: If you create an account, you are responsible for:

• Maintaining the confidentiality of your login credentials (email and password)

• All activities that occur under your account

• Notifying us immediately of any unauthorized use of your account

Account termination: We reserve the right to suspend or terminate your account at our sole discretion if we believe you have violated these Terms or applicable laws.

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3. Products and Pricing

Product descriptions: We make every effort to display our products as accurately as possible through images, descriptions, and specifications. However, we cannot guarantee that your device’s display will accurately reflect the actual colors, textures, or details of the products. If a product does not conform to its description, your remedies are set out in Section 10 (Legal Guarantee) below.

Pricing:

• All prices are displayed in Euro (€) and include Value Added Tax (VAT) at the applicable Italian rate (e.g., 22% standard rate, or reduced rates where applicable).

• Prices do not include shipping costs, which will be calculated and displayed at checkout before you confirm your order.

• We reserve the right to change prices at any time without prior notice. However, price changes will not affect orders that have already been confirmed.

Errors and omissions: In the event of a manifest error in pricing (e.g., a product listed at €1 instead of €100 due to a technical glitch), we reserve the right to cancel the order and provide a full refund, even after the order has been confirmed. We will notify you of such cancellation as soon as reasonably possible.

Availability: Product availability is indicated on the Site but is not guaranteed. If a product becomes unavailable after you place your order, we will notify you and either:

• Offer you a substitute product of equivalent quality and price (which you may refuse), or

• Cancel your order and issue a full refund.

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4. Placing an Order – Contract Formation

The steps to place an order are as follows:

1. Select products and add them to your shopping cart

2. Review your cart – you can modify quantities or remove items

3. Provide your shipping and billing information

4. Select a shipping method and payment method

5. Review the order summary, including all prices, taxes, and shipping costs

6. Click the “Place Order” button (or “Acquista ora”)

When is the contract formed? Under Italian law (Article 1321 of the Civil Code), the contract is formed at the moment we send you an Order Confirmation email. This email confirms our acceptance of your offer and creates a binding sales contract.

Prior to the Order Confirmation: The following are not acceptances of your offer:

• An automated “Order Received” or “Order Acknowledged” email

• A charge or authorization hold on your payment method

Order rejection: We reserve the right to refuse or cancel any order for legitimate reasons, including but not limited to:

• The product is out of stock or discontinued

• We detect a pricing error

• Your payment method is declined or appears fraudulent

• We cannot ship to the address you provided

• You have previously violated these Terms

If we cancel your order after you have been charged, we will issue a full refund.

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5. Payment Methods

We accept the following payment methods through our Shopify-secured checkout:

Payment security: All payment transactions are encrypted using SSL/TLS technology. We do not store your full credit card details on our servers – payment data is processed directly by our PCI DSS Level 1 compliant payment processors.

Payment deadline: Payment must be completed at the time of checkout unless otherwise agreed in writing.

Invoicing: If you require a VAT invoice (fattura), please provide your VAT number (Partita IVA) and any other required information at checkout or contact us within 7 days of placing your order. By default, we issue a receipt (ricevuta fiscale) for consumer purchases.

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6. Shipping and Delivery

We ship to the following destinations: Italy, EU countries, worldwide. For shipping destinations outside Italy, customs duties, import taxes, and handling fees may apply and are the responsibility of the customer unless otherwise stated.

Delivery risk and transfer of title: For consumers, risk of loss or damage to the goods transfers to you (the customer) when you (or a third party designated by you, other than the carrier) takes physical possession of the goods. Title (ownership) transfers to you upon our receipt of full payment.

Delivery delays: Estimated delivery times are indicative only. In the event of a significant delay beyond what is reasonable, you have the right to request that we ship within an additional reasonable period or cancel the order for a full refund, in accordance with Italian law.

Failure to accept delivery: If you fail to accept delivery or provide an incorrect or incomplete shipping address resulting in non-delivery, we reserve the right to charge you for any redelivery or storage costs incurred.

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7. Right of Withdrawal (14-Day Cancellation Right)

As a consumer, you have the right to withdraw from this contract within 14 calendar days without giving any reason. This right is governed by Italian Legislative Decree No. 206/2005 (Consumer Code), Articles 52–59.

Detailed procedure, conditions, return costs, exceptions, and refund timelines are set out in our Return and Refund Policy, which forms an integral part of these Terms. Please refer to that policy for complete information.

Key summary:

• Withdrawal period: 14 days from the date you (or a third party designated by you) receive the product(s)

• Notification: You must inform us of your decision to withdraw within the 14-day period

• Return shipping: You must send back the goods within 14 days of notifying us. Return shipping costs are generally borne by you unless we offered free returns

• Condition of goods: You are liable for any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics, and function of the goods

• Refund: We will refund you within 14 days of receiving the returned goods or proof of return

Exceptions to the right of withdrawal (where withdrawal is not available):

• Custom-made or personalized products

• Perishable goods

• Sealed goods unsealed after delivery that cannot be returned for health or hygiene reasons (e.g., underwear, earrings, face masks)

• Digital content if you agreed to lose your withdrawal right before accessing it

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8. Shipping Returns and Exchanges (Non-Withdrawal)

This section applies to returns that are not based on the 14-day withdrawal right (e.g., because the product is not eligible, or the withdrawal period has expired).

• Returns for change of mind after 14 days: We do not accept returns or exchanges for change of mind after the 14-day withdrawal period has expired, except as required by mandatory law.

• Exchanges for size/color (if offered): If we offer exchanges for size or color outside of the withdrawal period, the specific terms (including costs and deadlines) will be displayed on the relevant product page or checkout.

For all returns, please contact us at hello@sunrkle.shop before sending any product back.

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9. Legal Guarantee of Conformity (24 Months)

All products sold through our Site to consumers are covered by a 24-month legal guarantee (garanzia legale) under Articles 128–135 of the Consumer Code. This guarantee protects consumers against non-conformity or hidden defects that existed at the time of delivery.

What is covered:

• The product does not conform to the description

• The product has manufacturing defects

• The product is not fit for its intended purpose

• The product does not show the quality and performance normal for goods of the same type

What is NOT covered:

• Normal wear and tear

• Damage caused by misuse, accident, or improper maintenance

• Defects that were brought to your attention before purchase

• Repairs or modifications performed by unauthorized third parties

Your rights under the guarantee:

How to claim the guarantee: Contact us at hello@sunrkle.shop with your order number, a description of the defect, and photographs if possible. We will provide instructions for returning the product or arranging inspection.

Repair time: Unless impossible, we will complete the repair within a reasonable time (typically 30 days). If we fail to act within a reasonable time, you may request a price reduction or refund.

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10. User-Generated Content and Reviews

You may have the opportunity to submit product reviews, comments, photos, or other content (“User Content”) to our Site. By submitting User Content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide license to use, reproduce, modify, adapt, publish, and display such content in connection with our business.

You represent and warrant that:

• You own or otherwise control all rights to the User Content

• The User Content is accurate, not misleading, and not defamatory

• The User Content does not violate any applicable laws or third-party rights

Prohibited content: You may not submit User Content that is illegal, obscene, threatening, harassing, discriminatory, or that infringes on intellectual property rights.

Removal: We reserve the right to remove or refuse to post any User Content for any reason, including violation of these Terms.

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11. Intellectual Property

All content on our Site, including but not limited to text, graphics, logos, images, product designs, software, and trademarks, is the property of Sunrkle or its licensors and is protected by Italian and international copyright, trademark, and other intellectual property laws.

You may not:

• Reproduce, distribute, modify, or create derivative works of any content without our express written permission

• Use our trademarks or logos without prior written authorization

• Scrape, copy, or extract data from our Site for commercial purposes

Limited license: We grant you a limited, non-exclusive, revocable license to access and use our Site for personal, non-commercial purposes in accordance with these Terms.

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12. Limitation of Liability

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence

• Fraud or fraudulent misrepresentation

• Any liability that cannot be excluded or limited under applicable Italian law (including the Consumer Code)

Subject to the above, and to the maximum extent permitted by law:

• We are not liable for indirect, incidental, special, or consequential damages (including loss of profits, data, or reputation)

• Our total aggregate liability arising out of or related to these Terms or your use of the Site shall not exceed the total amount you paid for the product(s) giving rise to the claim, or €100 if no purchase was made

As a consumer, you have additional legal rights under the Consumer Code that are not affected by this limitation of liability.

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13. Force Majeure

We will not be held liable for any delay or failure to perform our obligations under these Terms if the delay or failure is caused by events beyond our reasonable control, including but not limited to: natural disasters, war, terrorism, strikes, lockouts, pandemics, government orders, or interruptions in transportation or supply chains.

If a force majeure event occurs, we will:

• Notify you as soon as reasonably possible

• Suspend performance for the duration of the event

• Offer you the option to cancel your order for a full refund if the delay becomes unreasonable

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14. Amendments to These Terms

We reserve the right to update or modify these Terms at any time without prior notice. Changes will become effective immediately upon posting the revised Terms on this page, with the “Last updated” date updated accordingly.

For existing orders: Material changes will not affect orders that have already been confirmed (i.e., for which you have received an Order Confirmation email) unless required by law.

For your account: If you have a registered account, we will notify you of material changes by email at least 15 days before they take effect. Continued use of our Site after the change constitutes acceptance of the new Terms.

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15. Governing Law and Dispute Resolution

Governing law: These Terms and any disputes arising out of or relating to them (including non-contractual disputes) are governed by Italian law and the Italian Civil Code, together with Italian Legislative Decree No. 206/2005 (Consumer Code) where applicable.

Jurisdiction – Consumer disputes: If you are a consumer, any dispute arising from these Terms shall be submitted to the jurisdiction of the court of the place where you are domiciled or resident in Italy, in accordance with Article 66-bis of the Consumer Code.

Online Dispute Resolution (ODR) – EU consumers: If you are a consumer resident in the European Union, you have the right to use the European Commission Online Dispute Resolution (ODR) platform to resolve disputes out of court. The ODR platform is available at: https://ec.europa.eu/odr. Our email address for ODR purposes is: hello@sunrkle.shop

Alternative dispute resolution (ADR) – Italian consumers: Under Italian law, we are not currently required to participate in any specific alternative dispute resolution scheme. However, we will consider any request for mediation in good faith.

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16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely achieves the same economic and legal intent.

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17. Entire Agreement

These Terms, together with our Privacy Policy and Return and Refund Policy, constitute the entire agreement between you and Sunrkle regarding your use of the Site and the purchase of products, superseding any prior agreements or understandings.

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18. Contact Information

For questions about these Terms, to exercise your legal rights, or to submit a complaint:

By email:hello@sunrkle.shop

By mail:Piazza Eugenio Lazzareschi, 14, 58033 Castel del Piano GR, Italy

By phone: +39-2069483502 

Complaints handling: We will acknowledge receipt of your complaint within 5 business days and provide a substantive response within 15 business days, or longer if reasonably necessary (but no more than 30 days).