Le Silla - Terms and conditions
General conditions of sale for online purchases on the LE SILLA website
The products for sale at https://www.lesilla.com (the “Website”) are sold and invoiced by SICAP S.r.l. (“Sicap”), with registered office at Via San Crispino, 37 - 63821 Porto Sant’Elpidio (FM), tax ID and VAT reg. no. 01537730440, registered in the Companies Register of Ascoli Piceno with no. 153833 as from 10/11/1997, as the owner of the Website.
These general terms and conditions of sale (the “General Terms and Conditions”) are governed by the Consumer Code (Italian Legislative Decree No. 206/2005), Section II Remote contracts (Articles 50-67) and the provisions on electronic commerce (Italian Legislative Decree No. 70/2003).
For any information concerning orders, shipments and, more generally, purchases, our customer care department may be contacted as follows:
Telephone: 0734 818954
Hours: Monday to Friday, 9:00 AM - 1:00 PM 2:00 PM - 6:00 PM (CET)
1. GENERAL TERMS AND CONDITIONS
In the event of changes to the General Terms and Conditions, the order shall be subject to the General Terms and Conditions published on the Website when the order is submitted by the customer, i.e. the natural person who places an order on the Website, without any relation to his or her commercial, entrepreneurial or professional activity (the “Customer”).
2. OFFERING TO THE PUBLIC
The products and the product prices shown on the Website constitute an offering to the public in accordance with the provisions outlined in the General Terms and Conditions and on the Website itself. The conditions of the above offering shall apply solely to purchases made on the Website.
Purchase contracts entered on the Website shall be concluded with Sicap S.r.l.
By placing an order according to the established methods, the Customer represents that he or she has viewed all the instructions provided during the purchasing procedure and fully accepted these General Terms and Conditions.
All prices specified on the Website are inclusive of VAT for Italy and the EU, and delivery expenses shall be borne by Sicap. If the Customer is required to pay such expenses, they shall be highlighted at the time of the order.
The price specified on the Website when the order is concluded shall be applied to the products, without considering any price changes that occur thereafter or have been offered previously.
The only Products offered for sale by Sicap are those present on the Sicap Website when the order is placed, as described in the pertinent product information sheets.
In any event, it is understood that the images accompanying the information sheet for a product are for informational purposes only and may not be perfectly representative of its characteristics, differing, for example, in terms of colour and size (possibly due to the browser and monitor used to access the Website and display the images).
A Customer is deemed to have concluded the order procedure properly if the Website does not show any error messages.
The contract entered into between Sicap and the Customer is understood to be concluded when the order is received by Sicap. In such cases, Sicap shall acknowledge the receipt of the order by sending a confirmation e-mail to the address specified by the Customer. This confirmation shall summarise the selected items and their respective prices, order numbers and any shipping fees.
The Customer undertakes to verify that the information is correct and inform Sicap immediately of any mistakes and corrections to be made as a result. The Customer shall be liable for any additional expenses resulting from mistakes that were not reported in a timely manner. The order number reported to the Customer as confirmation must be used by the Customer for all communications with Sicap.
Some products offered may become unavailable from time to time. In such cases, if the products selected by the Customer are not available in whole or in part, Sicap shall inform the Customer promptly.
6. PRODUCT DELIVERY AND DELIVERY COSTS
6.1 The products purchased shall be delivered to the address specified by the Customer in the Order within 48-72 hours of acceptance of the Order by Sicap, at the cost specifically indicated on the Website prior to submission of the Order. The shipping costs and delivery times for deliveries outside the Italian territory may vary.
6.2 When delivery is requested to countries outside the European Union, the recipient “may be” liable for any customs expenses on imports. Check the list of countries with customs expenses included. If the customs expenses are excluded and the Customer is required to cover them, the Customer is therefore asked to contact the customs authorities of his/her own country beforehand to inquire about the costs and any import restrictions.
6.3 The delivery times specified by Sicap shall be regarded as merely indicative and any delay with respect to such delivery times, or delivery by means of subsequent partial shipments, shall not entitle the Customer to refuse to accept such delivery and demand compensation or indemnification.
6.4 Upon delivery of the products, the Customer shall verify that:
- the number of packages delivered corresponds with the number specified on the delivery note;
- the packaging is complete, undamaged, not damp or altered in any way, including the sealing materials (adhesive tape or metal straps).
Any damage to the packaging and/or product or non-correspondence of the number of packages or the indications must be reported immediately, by indicating this specifically on the delivery note, which must be returned to the carrier.
Any problems relating to the physical integrity, correspondence or completeness of the products received must be reported within seven (7) days of delivery, according to the methods specified in this document.
8. PAYMENT METHODS
The following payment methods are available:
ii. Credit card
iii. Online bank transfer
v. Apple Pay
vi. Google Pay
viii. Cartes Bancaire
x. Offline bank transfer
If a credit card is used for payment of the goods, the transaction may go through the secure Adyen server.
Sicap will not be able to acquire the Customer’s credit card information in any case or in any payment phase, as this information is transmitted via a protected connection directly to the Website of the bank managing the transaction. Such data will not be stored in any computer archive of Sicap and Sicap therefore cannot be held liable for any fraudulent or improper use of credit cards by third parties at the moment of payment.
If a bank credit transfer is used for purchase, the bank details for payment will be displayed. The goods will only be shipped when the payment is received at the bank.
If the Customer is a consumer (i.e. a natural person purchasing the goods for purposes unrelated to his or her professional activity who does not provide a VAT number to Sicap when making the purchase), he or she shall be entitled to the rights set out in Art. 52 of the Consumer Code (Italian Legislative Decree No. 206/2005, as amended by Italian Legislative Decree No. 21/2014), within the limits provided for in this regulation, and is therefore entitled to withdraw from the purchase contract for any reason, without explanations and penalties, according to the methods specified below.
The right of withdrawal shall be exercised by sending a notice within 14 (fourteen) business days of the date of receipt of the products by e-mail to the address email@example.com or through the Customer’s account, using the specific form where the orders are archived.
The Customer Care Office shall respond to this notice with the instructions for completing the return. Consumers may not exercise the right of withdrawal for products with custom packaging, that have clearly been personalised or that, by their nature, cannot be sent back or risk deteriorating or altering very quickly.
The notice of withdrawal must specify the desire to withdraw from the purchase and the product or products for which the right of withdrawal is to be exercised, attaching a copy of the relevant invoice.
In the case of withdrawal, the Customer shall send the products to Sicap within 14 (fourteen) days of withdrawal. In any event, the Customer shall not incur any costs as a consequence of such withdrawal, except for the costs incurred for sending back the Product, with the exception of the free return option activated for Italy and European Union Member States (except Bulgaria, Cyprus, Estonia, Lettonia, Lithuania, Malta, Czech Republic, Slovenia, Slovakia and Ungary), the UK, the United States and Canada.
Packages originating in European Union Member States must be sent to the following address:
Via San Crispino, 37
63821 Porto Sant’Elpidio (FM)
The right of withdrawal is subject to the following conditions:
- the right applies to individual products purchased in their entirety; it is not possible to exercise the right of withdrawal solely for a part of the product purchased (e.g., accessories, additions, etc.);
- the product purchased must be intact and returned in its original package, with all of its parts (including packaging and any additional documentation);
- the Customer is fully responsible for shipping, except in the case of FREE shipment organised by Sicap.
Sicap shall refund the Customer the full amount already paid, net of any additional shipping costs pursuant to Art. 56, para. 2, of (Italian) Legislative Decree No. 21/14, within 14 (fourteen) days of withdrawal, through the procedure for reversal of the debited amount, by using the same means of payment used by the Customer for the initial transaction, unless otherwise agreed. The Customer will not incur any cost for said refund under any circumstances. Sicap may suspend the refund until the returned product has been received or until the Customer has demonstrated that the product has been correctly resent, if this occurs first.
In any event, the Customer shall forfeit the right of withdrawal if Sicap determines that:
- the returned product and/or its accessories and/or its packaging are not intact;
- the product is missing its original internal and/or external packaging;
- the product is missing additional elements and/or accessories (e.g., closures, laces, buckles, etc.).
If the right of withdrawal is forfeited, Sicap shall return the product purchased to the sender, charging the sender with the shipping costs and, in case it was already refunded, the price of the product.
10. BUYER’S OBLIGATIONS
The consumer undertakes and agrees, upon completing the online purchasing procedure, to print out and keep these General Terms and Conditions, which he or she must already have viewed and accepted as a mandatory step in the purchasing process, along with the specifications for the product purchased, in order to fully comply with the condition set out in (Italian) Legislative Decree No. 206/2005.
It is severely prohibited for the purchaser to enter false and/or invented and/or assumed details in the registration procedure required to begin the process of fulfilling the contract and any relevant additional communications. Personal details and e-mail address must correspond with the purchaser’s own actual personal data and not with those of third persons or with an assumed identity.
It is expressly prohibited for the same person to register twice or enter the details of third parties. Sicap reserves the right to take legal action against all violations and abuse in the interest and for the protection of all consumers.
11.1 All Products sold by Sicap are covered by a warranty of 24 (twenty-four) months against lack of conformity pursuant to Title III of (Italian) Legislative Decree No. 206/2005. In order to apply for assistance under warranty, the Customer must keep the invoice, or payment receipt, together with the delivery note.
11.2 The warranty against a lack of conformity shall apply provided that the product in question has been used properly, as intended, and according to the use and washing instructions present in the Website and/or with the product.
11.3 If, for any reason, Sicap is unable to provide the Customer with a product under warranty (repaired or replaced), or repair or replacement of the product would be overly expensive, due to the value of the product, Sicap may reduce the price paid or return the entire amount paid and terminate the contract.
11.4 If the application of the warranties requires the product to be returned, said product must be returned to the Customer in the original package, with all parts (including packaging and any documentation and additional items).
Any claim or request for information may be submitted to Sicap by telephone at 0734 818954 or by e-mail at firstname.lastname@example.org.
13. JURISDICTION AND COMPETENT COURT
All disputes relating to the application, performance, interpretation and breach of purchase contracts entered into online via the Website www.lesilla.com shall be subject to the Italian jurisdiction. For all matters not expressly provided for in these General Terms and Conditions, reference shall be made to (Italian) Legislative Decree No. 206/2005. For all disputes between the parties regarding contracts entered into via the Website, the court of the place of residence or elective place of service of the end consumer shall be competent.
The Court of Fermo shall be competent for all others.
Any disputes shall be resolved before the competent judicial authority according to the applicable legislation.
14. – COPYRIGHT
Trademarks, logos and other distinctive signs present on the Website are the property of their respective owners. The use of trademarks, logos and other distinctive signs, including reproduction on other websites, by unauthorised third parties is prohibited. The contents of the Website (texts, images and graphics) are protected by copyright.
15 – AGREEMENT
The contract supersedes all previous contracts, agreements and understandings between the parties and represents the entire agreement between the parties regarding the subject matter of the contract, along with the order, the general conditions of use of the Website and the conditions relating to the registration service. All changes or amendments to the contract must be accepted in writing by both parties.
16 – LANGUAGE
The contract has been drawn up in three versions: Italian, English and French. The version in the Italian language shall prevail in the event of discrepancies between the translations.