General Sale Conditions for on-line purchases on LE SILLA Website
SICAP S.r.l., legal offices in Via San Crispino, 37 - 63821 Porto Sant'Elpidio (FM) Italy, Tax-payer and VAT number 01537730440, registration in the Company Register of Ascoli Piceno No. 153833 dated 10/11/1997 ("Le Silla" hereinafter), owner of the Website https://www.outlet.lesilla.com ("Le Silla" hereinafter).
These General Sale Conditions ("General Conditions" hereinafter) are regulated by the Italian Code of Consumption (Law D. Lgs. No. 206/2005), section II, Remote Contracts (art. 50 - 67) and by the laws in the field of e-commerce (D. Lgs. No. 70/2003).
1. GENERAL CONDITIONS
The Website section named "General Sale Conditions" is an integral and essential part of the “Shop online” section.
Customers are invited to print or keep the General Conditions according to their personal preferences.
In case of changes to General Conditions, the General Conditions published on the Website when the order is sent by the Customer will be applied to the order.
2. OFFER TO PUBLIC
The products and related prices presented in the Website are an offer to public, in accordance with the procedures indicated in the General Conditions and the Website. The conditions of this offer are only applicable to purchases done on the Site.
Purchase contracts entered into on the Website shall be considered as being signed with SICAP srl.
All prices include VAT (Value Added Tax) for Italy and CEE, and delivery costs are paid by Sicap srl. If delivery costs are to charged to the buyer, this is indicated when the order is placed.
The price shown on the Website when the order is placed is applied to products, with no consideration for any price changes occurred after or before the offers.
The prices and promotional offers applied are those valid at the time of purchase.
In the case of a subsequent purchase of an exactly identical item in the same size, following a new and more advantageous promotion, Le Silla will not accept the return of the article with the higher price and will reimburse the amount paid for the item with the lower price, even if the period allowed for making a return request has not yet elapsed.
A Customer will correctly conclude the order procedure, if the Website does not show any error message.
The contract is considered as being entered into, when Sicap receives the order. In this case, Sicap will confirm order reception by sending an order confirmation e-mail message to the e-mail address provided by the Customer. Such confirmation will indicate selected items, their prices, the "Order Number" and any shipment costs.
The Customer shall check that data are correct, and immediately inform Sicap about any mistakes and related corrections to be applied. Any possible cost increase caused by errors in data, which are not immediately indicated will be charged to the Customer.
The order number provided to the Customer as confirmation shall be used by the Customer in any communication with Sicap.
It is possible that sometimes offered products are not available; in that case, if products selected by the Customer are not totally or partly available, Sicap will immediately inform the Customer.
5. PROTECTION OF CHILDREN UNDER 18
Children under the age of 18 are not authorized to pass orders through the online order form.
6. PAYMENT PROCEDURE
Payment shall be done on-line through credit card or paypal with the procedures indicated in the Website.
Upon communication of order confirmation, the amount corresponding to purchased products will be charged to the Customer.
7. RETURN POLICY
If the Customer is a consumer (i.e. a person buying products for any purposes not referring to his/her professional activities, or does not provide any personal VAT number to Sicap srl upon purchasing the products), the rights indicated by the art. 64 of the Italian Code of Consumption are applicable within the limits set by the legislation, therefore the right to terminate the purchase contract for any reason, with no further explanation or penalty, according to the following procedures.
The termination right is applied by sending a registered letter with advice of receipt – within 14 (fourteen) working days after products are received – addressed to:
Via San Crispino, 37
63821 Porto Sant’Elpidio (FM) - Italy
Office: E-commerce Customer Service
The letter can be sent – within the same term - by e-mail to firstname.lastname@example.org or fax to no. +39 0734 850045. The customercare office will send you the instructions to proceed with the return. Consumers are not entitled to apply this termination right for products made to measure or clearly customized, or – due to their nature – cannot be sent back, or risk deteriorating quickly.
The termination communication shall specify the intention to withdraw from purchase, and the product or products for which the termination right is applied, with the corresponding invoice in attachment.
In the case the termination is exercised through written communication, products shall be returned within 14 (fourteen) working days from the date they are received, with the new shipment of products to the following address, charged to the Customer:
Via San Crispino, 37
63821 Porto Sant’Elpidio (FM) - Italy
The termination right is anyhow subject to the following conditions:
the right is applied to single products purchased as a whole;purchased products shall not be damaged, and they must be returned in their original and complete package in all its parts (including the actual package and accessory documentation);shipment costs corresponding to product returning are charged to the Customer;shipment is under full Customer’s responsibility.
If the termination right has been properly applied, Sicap will refund the amount already paid to the Customer, within 14 (fourteen) days after purchased goods have been received. The refunded amount shall exclude the costs for delivery of products.
8. BUYER’S OBLIGATIONS
After the online purchase procedure has been concluded, the buyer shall print and keep these General Conditions, after they have been read and accepted as a compulsory part of the purchase procedure, as well as the specifications of purchased product, in order to integrally meet the condition set by the D.Lgs. No. 2036/2005.
It is strictly forbidden to the buyer to enter false and/or invented and/or imaginary data in the registration procedure required to activate the process for execution of this contract, and any further corresponding communications; personal data and e-mail address must be real personal data of the buyer, not referring to third parties, or imaginative data.
It is specifically forbidden to carry out double registrations corresponding to one person, or enter third party’s data. Sicap srl reserves the right to prosecute any infringement and abuse, in the interest and for protection of all consumers.
Through its Website, Sicap sells high quality products, and all products are covered by an ITALIAN Warranty (D.L. 24/02). Therefore, it is necessary to keep the product purchase invoice or receipt. The warranty does not cover any damage caused by improper use, and we are not responsible for any direct or indirect damage caused by improper use of products sold by us.
All products sold by Sicap are covered by warranties provided for by the law, and by trade warranties indicated in the Website from time to time.
10. CONTRACT TERMINATION AND SPECIFIC TERMINATION CLAUSE
Sicap has the right to terminate the contract signed through a simple communication to the customer with appropriate and justified reasons; in this case, the customer will only and exclusively have the right to receive refund of any amount already paid.
Any communication can be sent to Sicap, to the above-mentioned addresses.
12. JURISDICTION AND COMPETENT COURT
Any dispute arising from the implementation, execution, interpretation and infringement of purchase contracts signed on-line through the Website www.outlet.lesilla.com is regulated by the Italian jurisdiction; these General Conditions refer to the Italian D. Lgs. No. 206/2005, for anything not specifically indicated herein.
For any dispute between the parties regarding contracts signed on the Website, the competent Court is the Court of the place of residence or elective domicile of the final consumer.
For all other disputes, the Court of Fermo is competent.
Any disputes shall be solved by the competent judicial Authority, based on the applicable legislation.