General Conditions
(pursuant to Chapter I, Title 3, Part 3 of Legislative Decree 206/2005 and subsequent amendments and additions)
1. Introduction and applicability of the General Conditions
These general conditions of sale (hereinafter, “General Conditions”) have as their object the regulations governing the purchase of products and services, carried out at a distance and made available through an Internet network, from the website silene.it, respecting the Italian legislation set out in Legislative Decree 206/2005 and subsequent amendments and additions.
The vendor of the Products and the website owner is: ilsilene.it with registered office in the locality of Pescina, 9 58038 Seggiano Grosseto, Tax Number/ VAT Number and registration in the Commercial Register of Grosseto n. 01032670539, e-mail address: info@ilsilene.it
The Customer who accesses the website to make purchases shall, before placing the order, carefully read these Terms and Conditions made available on the website and which will be available for the Customer’s consultation at all times also via the link in the confirmation email for every order so that the Customer may copy and save it.
In the event that the person who makes purchases on the website requires the issue of an invoice and/or is not a “consumer or user” as defined by Article 3, paragraph 1, letter a) of the Consumer Code, the regulations regarding contract termination under Articles 7 and 8 of the General Conditions or will not apply, and more generally, pursuant to the same Customer Code, nor will the regulations that apply only to “consumers”.
The contracts concluded with ilsilene.it through the website are governed by these General Conditions in accordance with Italian legislation. The language used to draft the contract is Italian.
2. Choosing and Ordering Products
The features and prices of the various Products are shown in the page related to each Product.
For the purchase of Products, the Customer shall fill out and submit the order form electronically, following the instructions found on the website. The Customer shall add the Product to the “Shopping cart” and after having read and accepted the Terms and Conditions and the Privacy Policy, shall fill in the shipping and billing information, select the desired payment method and confirm the order.
On sending the order, which is equivalent to a contract, the Customer acknowledges and declares to have read all the instructions provided during the purchasing procedure and fully accepts the present General Conditions and terms of payment.
The contract between ilsilene.it and the Customer shall be concluded with the acceptance of the order by ilsilene.it. This acceptance is communicated to the customer through an order confirmation email containing a reference to the Terms and Conditions, order number, shipping and billing information, list of Products ordered with their main features and the total price, including shipping costs. The customer shall check the confirmation email and if errors in the order are found, they shall have 12 hours from the receipt of this email to contact the Customer Service directly via email at info@ilsilene.it or by telephone at +39 0564950805. After that time, the order will be processed for shipping and no further changes will be accepted, without prejudice to the Customer’s rights as set out in Article 7.
After receiving the order, ilsilene.it will check stock availability to fill the same order. In the event that one or more Products are not available, ilsilene.it will send a prompt email to the Customer, who, within the 12 hours that follow, will be able to confirm the shipment of other possible available Products or cancel it. If no reply is received within that time period, the order will be considered as confirmed and the available Products will be shipped. If only a few Products resulted as not in stock, ilsilene.it will ship the order with the available Products. In both cases, the amount relating to the missing Products will be transferred immediately, depending on the chosen payment method.
3. Product Information
The information and specifications relating to the Products are available, with the relevant Product codes, on the website.
The visual representation of the Products on the website, where available, normally corresponds to the photographic image accompanying the description. It is understood that the image of these Products has the sole purpose of presenting them for sale and may not be fully representative of its features but differ in colour and size. In the cases of differences between the image and the written Product sheet, the description on the Product page prevails as a reference.
4. Prices and Shipping
Product prices include all taxes and duties. All prices are in Euros.
Shipping in Italy: throughout Italy shipping is €10.00 per 3 kg in weight, €12.00 per 5 kg, and €15.00 for up to 30kg in weight.
International shipments: the cost of shipping abroad is automatically calculated by the system and the customer can access the information immediately during the order. For any foreign countries where no price and/or destination is provided, the customer is obliged to obtain information regarding shipping costs by emailing info@ilsilene.it.
5. Payment Methods and Invoicing
5.1 Payment Methods
The Customer may pay for the Products and the shipping expenses by credit card, PayPal or bank transfer. The system automatically displays the payment systems available at the time of the order.
Credit Cards
The circuits on which customers can purchase on the Site are:
Visa/Visa Electron
Mastercard
American Express
To guarantee maximum security, the Customer will make the payment transaction directly on the secure server of the Banca Sella S.P.A..
The website does not store the number of the Customer’s credit card. The indicated Credit Institute uses SSL protocol to encrypt data transmitted between its server and the Customer’s browser.
The Customer shall make the payment within 3 days from the order date for orders of Products and within 1 day for orders containing events and/or courses. Should the Customer fail to make the relevant bank transfer within this deadline, the order will be cancelled and the goods will be again made available for purchase by other Customers. The Customer who fails to make the bank transfer will be contacted by Customer Service in order to clarify whether the cause of the non-payment is due to the Customer’s desire to not confirm the purchase, or other causes.
Bank transfer codes and information:
IBAN SILENE BANCA SELLA:
Recipient: SILENE DI ROBERTO ROSSI & C. S.A.S.
Bank: SELLA – Agenzia di Castel del Piano (GR)
IBAN: IT 90 H 03 268 72 190 052 80 14 38 840
SWIFT CODE: SEL BIT 2 B XXX
Causale (justification): the customer must indicate in the bank transfer justification, the date and order number, available upon order confirmation.
GestPay
Once the order is confirmed, the Customer will be redirected to the GestPay site of the Banca Sella S.P.A. where payment can be made by entering the required data, or credit card number, security code and Credit Card holder’s name.
5.2 Invoicing for orders
If the purchase is made by a professional, that can request to have an invoice issued by emailing info@ilsilene.it putting in the request the order number and billing information including social security number and/or VAT. number. In this case, the invoice will be sent via email to the address indicated. The professional is responsible for the correct entry of billing information in this email, and may not request changes later.
6. Shipping and Delivery
The Products purchased on the website will be delivered to the address indicated by the Customer during the purchasing.
All purchases will be delivered by courier from Monday to Friday, excluding public and national holidays. ilsilene.it is not responsible for unforeseeable delays or delays that are not caused by them.
In any case, with the exception of Acts of God or unforeseeable circumstances, the Products ordered will be delivered within a period of 7 (seven) working days, starting from the day following that on which ilsilene.it confirmed the order with the Customer.
7. Right to cancellation
The customer has the right to cancel the purchase contract for any reason, without needing to supply an explanation and without penalty, except for the exclusion cases set out in point IV. To exercise this right, the customer must send ilsilene.it notice within 14 days of receipt of such notice, which shall be sent by registered letter with return receipt of delivery, addressed to:
Silene di Roberto Rossi & c sas
Loc. Pescina. 9
58038 Seggiano oGR
The costs of returning the purchased Products will be borne by the customer.
1. The right applies to the Product purchased in its entirety; therefore, if the Product is composed of more components or parts, it is not possible to cancel the purchase for only a part of the Product.
II. In the event of exercising cancellation rights, ilsilene.it will reimburse the Customer for the full amount of the returned goods, including shipping costs where provided for, within 14 days from the date in which the cancellation notice was received, with prejudice to ilsislene.it’s right to suspend the reimbursement payment until the goods have actually been received. The refund will be made using the same payment method used by the Customer, unless the latter expressly requests a different method. For bank transfers, the Customer shall provide his/her bank details for receiving the reimbursement (account holder, name and address of the bank and IBAN).
IV. In addition to the cases set out in the Introduction (non consumer Customer and/or someone requesting an invoice), the right to cancellation is excluded in the following cases pursuant to Article 59 of the Italian Legislative Decree 21/2014:
– orders for customized or clearly personalized Products;
– orders for Products which risk rapid perishing or expiry;
– orders for sealed Products that are not suitable to be returned due to hygiene or health protection reasons or because they were opened after delivery.
9. Warranty and Defects in Conformity
In case of lack of conformity of Products sold by ilsilene.it the customer must immediately contact ilsilene.it via email at info@ilsilene.it
The sale of Products is covered by the legal safeguards provided for in Articles 129, 130 and 132 of the Consumer Code. At his discretion and if the type of Product so permits, the Customer is entitled to conformity, by way of having the Product repaired or replaced at no additional charge, or to receive a suitable reduction in price, or to terminate the contract. The Customer will forfeit said rights if they do not report the defect in conformity to ilsilene.it within two months of discovering the defect, unless the Products are perishable by nature or subject to a shorter expiry date, in which case the defect should be reported within this reduced time period.
10. Errors and Limitations of Liability
The Product information provided on the Site is regularly updated. However, the vendors cannot guarantee the complete lack of errors, for which ilsilene.it shall not be held liable, except in cases of wilful misconduct or gross negligence.
ilsilene.it reserves the right to correct any errors, inaccuracies or omissions even after an order has been placed, or change or update information at any time without prior notice, without prejudice to the Customer’s rights under these General Conditions and those of the Italian Consumer Code.
Excluding wilful misconduct or gross negligence, the Customer has no rights to damages or compensation, and any contract or tort liability for direct or indirect damages to people and/or property caused by the non-acceptance or non-fulfilment, even partial, of an order.
11. Complaints
Complaints must be forwarded to ilsilene.it by email to info@ilsilene.it, or by calling +39 0564 950 805, or by registered letter with Return Receipt of Delivery to the following address:
Silene di Roberto Rossi & c sas
Loc. Pescina, 9 58038 Seggiano GR
ilsilene.it will undertake to answer all requests within a maximum of 7 working days.
12. Online resolution of consumer disputes (ODR)
If you are a European consumer, you must be aware of the fact that the European Commission has created a tool for alternative dispute resolution available to all residents in Europe.
Applicable law and competent court.
The sales contract between the Customer and ilsilene.it is stipulated in Italy and governed by Italian law. Any disputes concerning the interpretation, execution or termination of these General Conditions or of individual purchase orders, if the Customer is a consumer under the Italian Consumer Code, shall be under the exclusive competence of the Court of the town or municipality of residence or domicile of the Customer, if located in Italian territory; in all other cases, the applicable jurisdiction shall be that of the Court of Grosseto, excluding all other competent courts.
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Pursuant to Article 1341 of the Civil Code, the Customer declares to have read and specifically accepted the following articles of these General Conditions: 6 (responsibility for delays in delivery), 10 (right to correct errors – disclaimers).
