General Conditions of Sale/Online Purchase Contract

Effective from 01/07/2020.

1. Premises

These general conditions of sale apply to purchases made through the website https://shop.silagum.it from Consumers and/or Professional Buyers, defined and identified as follows;

2. Definitions

2.1. The Seller is Sila Gum S.r.l. Zona Industriale Papa Benedetto XVI comparto 2 – 88046 Lamezia Terme Tel: 0968 209336 VAT No: 00874080799 – acting in the exercise of its entrepreneurial and commercial activity and promoting the sale of its products through the mechanism of distance contracts, via the platform. https://shop.silagum.it in compliance with these General Conditions of Online Sale. Contact details can be found in the contact section of this website;
The Company is the sole trader or legal entity that, through an appointed and authorised natural person (legal representative, employee, contractor), interacts with the e-commerce platform and concludes an online sales contract, in the exercise of its entrepreneurial and commercial activity;
2.3. The Private Individual/Consumer is the natural person who acts for personal and non-professional purposes, unrelated to any entrepreneurial, commercial, artisanal, or professional activity they may carry out, as defined under Article 3, paragraph 1, letter a) of Legislative Decree no. 206 of 6 September 2005 (Consumer Code): “Private Individual/Consumer or user: the natural person who acts for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity they may carry out”;
2.4. "User" means the visitor to the platform who interacts with the site's functions: this definition includes both private individuals/consumers and companies;
2.5. By Consumer Code, it means Legislative Decree no. 206 of 6 September 2005 (Consumer Code) and subsequent amendments and additions;
2.6. The Contract or Contract of Sale is the sales agreement concerning the movable goods present on the e-commerce portal, which is concluded between the Seller and the Business and/or Private Individual/Consumer, within the scope of a sales system via telematic instruments, organised by the Seller;
2.7. "Parties" shall mean the Seller and the Private Individual/Consumer, or the Seller and the Business;
2.8. "Products" means the goods and services marketed on the website. https://shop.silagum.it;
2.9. 'Portal, Platform or Website' means the website https://shop.silagum.it managed by the Seller, through which the online purchase contract is concluded.

3. Portal Usage and Seller Responsibility | Users

3.1. The User acknowledges that by using this online purchasing platform, the provision of a PC and internet connection is at their own expense.;
3.2. The Portal is made available without any specific warranty or licence being granted: the User who uses it assumes all risks associated with the use of the Internet and computer applications (hardware and software) and must ensure they are compliant with basic IT security measures (antivirus, firewall, etc.) and avoid downloading unsafe or dangerous material.;
3.3. The Seller is not responsible and does not answer for:
a) Regarding any viruses, malicious code, or any internet navigation issues of the User, as these are not dependent on the Seller's actions;
b) Service disruptions or malfunctions of the Portal attributable to *force majeure*;
c) Malfunctions or service interruptions relating to the use of the internet network that are beyond its control or that of its sub-contractors, except in cases of wilful misconduct or gross negligence;
d) Interruptions to the online shop service;
e) Fraudulent and unlawful use by third parties of credit cards, cheques, and other means of payment when paying for purchased goods, provided that you demonstrate you have taken all possible precautions according to the best science and experience available at the time and according to ordinary diligence.
3.4. By using this website and/or placing orders through it, the User agrees to use the website only to make legally valid enquiries or orders and not to place false or fraudulent orders. If the Seller has plausible grounds for believing that an order of this nature has been placed, they will be authorised to cancel it and inform the relevant authorities;
3.5. Once the online purchase procedure is complete, the User agrees to print and keep a copy of this contract.

4. General Provisions

4.1. These General Conditions of Online Sale govern the commercial relationship between the Seller and the Private Individual/Consumer and/or the Company and form an integral and essential part of the contract for the sale of movable goods to be concluded;
4.2. These General Conditions of Sale shall always apply: different conditions of sale dictated or provided by the Individual/Consumer and/or the Company can never become part of the contract between the parties – not even in the event of acceptance of the order by the Seller;
4.3. These General Conditions of Sale do not govern the sale of products and/or the provision of services by parties other than Sila Gum S.r.l. who are present on the Platform through links, banners, or other hypertext links. Before carrying out commercial transactions with such parties, it is necessary to verify their conditions of sale. Sila Gum S.r.l. is not responsible for the provision of services and/or for the sale of products by such parties. Sila Gum S.r.l. does not carry out any control and/or monitoring of websites accessible through such links. Sila Gum S.r.l. is therefore not responsible for the content of such sites nor for any errors and/or omissions and/or breaches of law by them.
4.4. The Private Individual/Consumer and/or the Company acknowledges that the General Conditions of Sale published on this Portal may vary: for this reason, each purchase is subject to and governed exclusively by the General Conditions of Sale in force at the date of conclusion of the contract, i.e., by the General Conditions of Sale applicable at the time the User interacts with the platform and makes the payment;
4.5. The Parties, in compliance with mandatory legal provisions, agree that if any provisions of these general conditions of sale are declared null or invalid, this shall not prejudice the validity and effectiveness of the other provisions, which shall remain fully valid and effective.

5. Pre-contractual Information for Private Individuals/Consumers

5.1. Pre-contractual information for the Private Individual/Consumer is provided before the Private Individual/Consumer is bound by any distance online sales contract. In particular, the information provided for in art. 49 of Legislative Decree 21 February 2014, no. 21 is provided on the website pages. https://shop.silagum.it  and are always available for consultation by clicking on the link “General Conditions of Sale” present on the Portal.

6. Purchases on the Portal

6.1. The purchase of Products on the Portal is only permitted to individuals who:
i. have reached 18 years of age;
ii. have the status of Private Individuals/Consumers or Businesses, as defined in Article 2 of these general terms and conditions;
6.2. The user is permitted to purchase multiple Products within the same order (“Multiple Order”).
6.3. In the event of a breach of this article, Sila Gum S.r.l. reserves the right to take all necessary actions to stop the irregularities, including suspension of access to the Site, cancellation of registration or non-acceptance or cancellation of irregular orders.
6.4. Sila Gum S.r.l. also reserves the right to refuse or cancel orders from:
i. a user with whom it has ongoing legal proceedings;
ii. a user who has previously violated the terms and/or conditions of the purchase agreement with Sila Gum S.r.l.;
iii. a user who has been involved in fraud of any kind, and in particular, in fraud relating to credit card payments;
iv. users who have provided false, incomplete or otherwise inaccurate identifying data, or who have not promptly sent Sila Gum S.r.l. the information and/or documents requested by it as part of the following procedure, or who have sent invalid documents.

7. Contract completion methods

7.1. In accordance with Legislative Decree 9 April 2003, no. 70 concerning rules on electronic commerce, Sila Gum S.r.l. informs the user that after selecting the Product of interest, it is loaded into the user's cart, and the user must enter the following information to proceed with the conclusion of the contract: billing details, shipping address, type of shipping, type of payment, and any discount voucher code.
7.2. The User then clicks on the Pay Now button and is directed to the page for choosing the payment method (credit/debit card). Following the instructions and procedures of the individual payment service providers, the User will then land on a page confirming that the order request has been received, showing its number.
7.3. The online sales contract shall be considered concluded at the moment the User receives an order confirmation email from the Seller. The Conditions of Sale can be read and printed at any time by clicking on the “General Conditions of Sale” link on the website.

8. Products

8.1. Each Product is accompanied by an information sheet illustrating its main characteristics (“Product Sheet”). The images and descriptions present on the Portal reproduce the characteristics of the Products as faithfully as possible. Furthermore, the images of the Product in the Product Sheet may differ in size or in relation to any accessory products. Such images must therefore be understood as indicative and within the tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form transmitted by the user shall prevail. All orders for products are subject to their availability. As such, in the event of supply problems, the Seller reserves the right not to accept your order. Although the Vendor always makes every effort to fulfil all orders, it reserves the right to refuse to process orders in the event of exceptional circumstances occurring after the confirmation of payment has been sent.

9. Price

9.1. All sale prices of the products that can be purchased through the Site are expressed in euros and do not constitute an offer to the public, but a mere invitation to make a contractual proposal. In order to purchase the products, the Purchaser must fill in and send the order form, correctly complete the purchase process up to the summary page containing the order number in electronic format by following the instructions on the Site. The Buyer shall add the products to the shopping cart and, after having read the general terms and conditions and the Privacy Policy, shall enter the shipping and billing information, select the desired payment method and confirm the order. By sending the order from the Site, which has the value of a contractual proposal, the Buyer acknowledges and declares that he has read all the information provided to him during the purchase procedure and fully accepts these General Terms and Conditions and the transcribed payment terms. He shall send the Purchaser an email confirming the order containing the order number, shipping and invoicing data, a list of the Products ordered with their essential characteristics and the total price.
9.2. The price in force will be communicated by the User at the time of any new purchase. The products remain the property of the Seller until full payment of the amount due.
9.3. Sale prices are indicated for each individual product and include VAT and taxes, but do not include the cost of delivering the goods, which must be calculated separately. The amount of shipping costs will be displayed both when the Product is selected and placed in the cart by the User, and in the order confirmation email. Shipping costs are quantified at €6.00 for delivery of goods within Italy; for orders equal to or exceeding €15.00, or for specific products defined by us, shipping costs will be free.

10. Payment method

10.1. Payment for products offered for sale by the Seller through the Portal can only be made via the Stripe platform;
10.2. Each User (whether a Company or a Private Individual/Consumer) declares they have full authority to use the chosen payment method. Each User must verify that the payment methods in their possession have sufficient credit to cover all costs related to purchases.;

11. Delivery terms of goods

11.1. The Seller shall deliver the products purchased by the User according to the method selected by them at the time of purchase.
11.2. For deliveries within [country name], the Seller will dispatch the goods via Courier, with a shipping time of between 5 and 10 working days, which will commence from the moment the online sales contract is concluded.

11.3. During shipping, the goods travel at the sole risk and peril of the Private Individual/Consumer or Business, therefore no liability can be attributed to the Seller for any damage caused to the goods during transport or in the event of theft of goods already delivered to the Carrier.

12. Consumer withdrawal and refund rights

12.1. The Private Individual/Consumer, as provided for by Article 52, paragraph 2, of the Consumer Code, has the right to withdraw from the online sales contract entered into, without any penalty and without specifying the reason, within a period of 14 (fourteen) days;
12.2. How to exercise the right of withdrawal: To exercise the right of withdrawal, the Private Individual/Consumer is required to inform the Seller of their decision to withdraw from this online sales contract through an explicit declaration (e.g. a letter sent by post, fax, or email).
12.3. To correctly exercise the right of withdrawal, the Private Individual/Consumer must declare their intention to withdraw, within the terms indicated above, by sending the aforementioned declaration to the Seller before the deadline: the right of withdrawal shall be deemed correctly exercised if the communication relating to the exercise of the right of withdrawal is sent to the Seller before the expiry of the withdrawal period. It is reminded that the burden of proof relating to the exercise of the right of withdrawal lies with the Private Individual/Consumer.;
12.4. To assist the Private Individual/Consumer, the Seller's contact details are provided here: Sila Gum S.r.l. registered office Zona Industriale Papa Benedetto XVI comparto 2 – 88046 Lamezia Terme Tax Code – VAT Number 00874080799 Tel. +39 0968 209336 email address shop@silagum.it

13. Effects of Private/Consumer Withdrawal

13.1. Private individuals/Consumers who withdraw from this online sales contract shall be reimbursed all payments made to the Seller, including delivery costs (with the exception of supplementary costs arising from the choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and in any event not later than 14 days from the day on which the Seller is informed of the decision to withdraw from this online sales contract. Such reimbursements shall be made using the same means of payment used for the initial transaction, unless the Private individual/Consumer has expressly agreed otherwise; in any event, they shall not incur any charges as a result of such reimbursement.;
13.2. The refund may be suspended until receipt of the goods or until the Private Individual/Consumer has demonstrated that they have returned the goods, if earlier;
13.3. If the Private individual/Consumer has received the goods subject to the online sales contract, they are obliged to return or deliver the goods to Sila Gum S.r.l. Zona Industriale Papa Benedetto XVI comparto 2 – 88046 Lamezia Terme, without undue delay and in any case within 14 days from the day on which the Private individual/Consumer communicated their withdrawal from this online sales contract. The deadline is met if the goods are sent back before the expiry of the 14-day period;
13.4. The direct costs of returning goods will be borne by the Private Individual/Consumer. The actual cost of return will in any case be linked to the return methods chosen by the Private Individual/Consumer themselves (e.g., the carrier or type of shipping chosen).;
13.5. Upon receipt of the communication with which the Private Individual/Consumer exercises their right of withdrawal, the parties (Seller and Private Individual/Consumer) shall be released from their mutual contractual obligations, notwithstanding the obligations of the Private Individual/Consumer and the Seller as previously stated.

14. Consumer's Right of Withdrawal Exclusions

14.1. The Consumer Code provides for exclusions from the right of withdrawal, in particular the right of withdrawal for distance contracts and contracts negotiated off-premises is excluded in relation to:
a) service contracts after the full performance of the service if the execution has begun with the express agreement of the Private Individual/Consumer and with the acceptance of the loss of the right of withdrawal following the full performance of the online sales contract by the Seller;
b) the supply of goods or services whose price is linked to fluctuations in the financial market which the Seller cannot control and which may occur during the withdrawal period;
c) the supply of goods made to the consumer's specifications or clearly personalised;
d) the supply of goods which are liable to deteriorate or expire rapidly;
(e) the supply of sealed goods that are not suitable for return for hygienic or health protection reasons and have been opened after delivery;
f) the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
g) the supply of alcoholic beverages, the price of which has been agreed at the time of conclusion of the online sales contract, the delivery of which can only take place after thirty days and whose actual value depends on market fluctuations which cannot be controlled by the Seller;
h) contracts in which the Private individual/Consumer has specifically requested a visit from the Seller for the purpose of carrying out urgent repair or maintenance work, if, during such visit, the Seller provides services in addition to those specifically requested by the Private individual/Consumer or goods other than spare parts necessary for carrying out the maintenance or repairs, the right of withdrawal shall apply to such additional services or goods;
i) the supply of sealed audio or video recordings or sealed computer software which have been unsealed after delivery;
l) the supply of newspapers, periodicals and magazines, with the exception of subscription contracts for the supply of such publications;
m) contracts concluded at a public auction;
n) the provision of accommodation for non-residential purposes, the transport of goods, car hire services, catering services or services relating to leisure activities where the contract provides for a specific date or period of performance;
o) the supply of digital content not supplied on a tangible medium where the performance has begun, with the express prior consent of the Private Individual/Consumer, and with their acknowledgement that they will thereby lose their right of withdrawal.

15. Seller's responsibilities and obligations towards the Private Individual/Consumer: liability for defects, proof of damage, and compensable damages

The Private individual/Consumer undertakes to pay the price of the products in the manner and according to the terms described above;
15.2. In accordance with articles 114 et seq. of the Consumer Code, the Seller is liable for damage caused by defects in the goods sold if they fail to communicate to the injured party, within three months of the request, the identity and address of the manufacturer or the person who supplied them with the goods;
15.3. The aforementioned request, from the injured party, must be made in writing and must indicate the product that caused the damage, the place and the date of purchase; it must also contain an offer to produce the product for inspection, if it still exists.;
15.4. The Seller shall not be held liable for the consequences arising from a defective product if the defect is due to the product's compliance with a mandatory legal provision or binding measure, or if, at the time the producer put the product into circulation, the state of scientific and technical knowledge did not yet make it possible to consider the product as defective;
15.5. No compensation shall be payable if the injured party was aware of the product's defect and the resulting danger, and nevertheless voluntarily exposed themselves to it. In any case, the injured party must prove the defect, the damage, and the causal connection between the defect and the damage.;
15.6. The injured party may claim compensation for damage caused by death or personal injury or by destruction or deterioration of property, other than the defective product itself, provided that the property is of a type normally intended for private use or consumption and has been so used by the injured party;
15.7. Damage to goods as referred to in Article 123 of the Consumer Code shall, however, only be compensated to the extent that it exceeds the sum of three hundred and eighty-seven euros (€387);
15.8. In no event shall the Private Customer/Consumer be held liable for delays or mishaps in payment if they can demonstrate that they made the payment within the timeframes and in the manner indicated by the Seller;
15.9. The Seller shall not be held liable for any damages, losses, and costs incurred by the Individual/Consumer as a result of the non-performance of the contract due to reasons not attributable to him, with the Individual/Consumer being entitled only to the full refund of the price paid and any incidental charges incurred.

16. Causes of termination

16.1. The obligations referred to in points 8 and 12, undertaken by the parties, are essential in nature, so that non-performance of even one of these obligations, where not caused by fortuitous event or force majeure, will result in the automatic termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial ruling.

17. Contract storage method

17.1. Pursuant to Article 12 of Legislative Decree 70/2003, the Seller informs the Private individual/Consumer and/or the Company that every order sent is stored in digital/paper form at the Seller's premises or on the information system/IT tools of the Seller's service providers, whose relations are governed by a regular service contract (e.g., Server Farm).

18. Intellectual property

18.1. The Seller retains all intellectual property rights over the products offered for sale on the website  https://shop.silagum.it, particularly with respect to models, images, product features and specifications, and other information accessible to Users and visitors to the site in general;
18.2. It is forbidden to copy, sell, appropriate or otherwise share images viewable on the Portal without the prior permission of the Seller. Any violation shall be punished according to applicable laws.

19. Data protection

19.1. The personal data provided will be processed in compliance with Regulation (EU) 2016/679 GDPR and subsequent amendments. A full copy of the data processing notice (privacy policy) and the use of cookie technology (cookie policy) is available in the website's footer or by clicking on the following links: privacy policy – cookie policy. The user is informed that the use of this website or the transmission of an order through it implies the acceptance of these Data Protection Policies.

20. Dispute Resolution | Applicable Law and Competent Court

20.1. This agreement shall be governed by Italian law;
20.2. The contract concluded by the Company is governed by the Civil Code, in particular by articles 1341 et seq., and 1470 et seq.;
20.3. For the purposes and effects of Articles 1341 and 1342 of the Italian Civil Code, the Company declares that it has read carefully and specifically approves the clauses in point 9, entitled “Seller's Liability towards the Company and limitations” as well as point 20.5 which indicates the competent court in the event of disputes;
20.4. With regard to the contract concluded by the Seller with the Private Individual/Consumer, any matters not expressly provided for herein shall be governed by the applicable legal provisions for the relationships and situations provided for in this contract: articles 1341 et seq. and 1469 bis, as well as articles 1470 et seq. of the Civil Code and the Consumer Code (Legislative Decree 206/2005) Part III, Title III, Chapter I, which shall be fully applied to the Private Individual/Consumer;
20.5. For any dispute relating to the online sales contract or these General Conditions that may arise between the Seller and the Company, the Court of Lamezia Terme shall have jurisdiction;
23.6. For any dispute relating to the online sales contract or these General Conditions that may arise between the Seller and the Private individual/Consumer, the competent court shall be exclusively that of the place of residence or domicile of the Private individual/Consumer if located within the territory of the state, which is mandatory pursuant to art. 66 bis of the Private individual/Consumer Code.

Last updated: 30/11/2020