General terms and conditions of sale

This information is provided for the website “https://sialormilano.it/” (Site) owned by Sialor S.r.l., based in Via Lodovico Mancini, 5, Milan MI 20129 IT, with VAT no. 08807050961 (Vendor).

2.1 Purchasing on the Site

– can take place upon registration at the Site;

– is allowed to both users who hold the status of consumers and users who hold the status of professionals. Pursuant to Art. 3, I paragraph, lett. a) of the Consumer Code, it is recalled that the quality of consumer is held by the natural person acting for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out; while under Art. 3, paragraph I, letter c) of the Consumer Code, a natural or legal person acting in the exercise of his or her entrepreneurial, commercial, craft or professional activity, or an intermediary thereof, has the status of a professional.

2.2 In the case of orders, from whomever they come from, which are found to be abnormal in relation to the quantity and/or frequency of purchases, the Seller reserves the right to take all necessary action to have the irregularities ceased.

2.3 The Seller reserves the right to refuse or cancel orders that come from:

– By a user with whom the Seller has ongoing legal disputes

– By a user who has previously violated the General Conditions of Sale

– By a user who has been involved in criminal

– by a user who has issued false, incomplete or otherwise inaccurate identification data or who has not sent to the Seller, in a timely manner, the documents requested by it or who has sent it invalid documents.

5.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility of several users purchasing the same Product at the same time, that the Product ordered is no longer available after the transmission of the purchase order.

5.2 Within the Site is information regarding the availability of each Product.

5.3 You will be informed if the ordered Product is unavailable. In this case You shall be entitled to terminate the purchase agreement pursuant to and in accordance with the provisions of Art. 61, 4th and 5th paragraphs, of the Consumer Code.

5.4 Alternatively, you may accept:

– if a reassortment is possible, an extension of the delivery period, offered by the Seller, stating the new delivery period;

– if a restocking is not possible, the Seller will provide a different product of equivalent or higher value, subject to payment, in the latter case, of the difference, and upon express acceptance by the user.

5.5 If a request is made for a refund of the amount paid for the purchase of Products that later turned out to be unavailable, the Seller shall make the refund within a maximum period of 15 days.

5.6 In the event that you make use of the right of termination under Art. 61, IV and V paragraphs, Consumer Code, the contract shall be terminated; in the event that the payment of the total amount due, consisting of the price of the Product, shipping costs, if applied, and any other additional costs, as resulting from the order (Total Amount Due) has already taken place, the Seller shall make a refund of the Total Amount Due in accordance with the provisions of the article “Payment Method” below.

6.1 Each product is accompanied by an information page explaining its main features(Information Sheet). The images and descriptions on the Site reproduce as closely as possible the characteristics of the Products. The colors of the Products, however, may differ from the actual colors due to the settings of the computer systems or computers you use to view them. In addition, the Product images in the Information Sheet may differ in size or in relation to any accessory products. These images should therefore be understood as indicative and with the tolerances of use.

7.1 All prices of Products posted on the Site are inclusive of Value Added Tax.

7.2 The Seller reserves the right to change the price of the Products, at any time, without prior notice, it being understood that the price charged to you will be the price shown on the Site at the time you place your order and that no account will be taken of any changes (upward or downward) after the order has been transmitted.

7.3 Shipping charges, if any, shall be expressly and separately stated in the order form before the user proceeds to the transmission of the order form.

8.1 The Seller will ship the Products only after receiving confirmation of payment authorization or upon credit of the Total Amount Due. Ownership of the Products will be transferred to you at the time of shipment, which shall be deemed to be the time of delivery of the Product to the carrier. On the other hand, the risk of loss of or damage to the Products, due to causes not attributable to Seller, shall pass to you when you, or a third party designated by you and other than the carrier, take physical possession of the Products.

The Service you choose will be performed only upon payment of the Total Amount Due. The Seller reserves the right not to provide the service if, subsequent to the submission of your purchase order, it is determined that you have not paid all or part of the Total Amount Due.

8.2 The purchase agreement is terminably conditioned on non-payment of the Total Amount Due. Unless otherwise agreed upon in writing with you, the order will be cancelled accordingly.

9.1 The following payment methods are allowed on the Site:

– Credit card

– PayPal

– Satispay

– Google Pay

– Apple Pay

9.2 The Seller accepts credit cards from the circuits:

– VISA

– MasterCard (Cirrus Maestro)

– American Express

They are, in each case, indicated in the footer of each page of the Site.

The charge will be made only after (i) the details of your payment card used for payment will have been verified and (ii) the issuer of the payment card you use will have issued the debit authorization.

Pursuant to Directive 2015/2366/ (EU) on Payment Services in the Internal Market (PSD2), you are informed that you may be required to complete the purchase process by satisfying the authentication criteria required by the payment institution responsible for handling the online payment transaction. The authentication criteria refer to the identity of the user (to meet this criterion the user must be registered to the Site at the time of the purchase transaction) and the contextual knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the above process may mean that it is impossible to finalize the purchase on the Site.

Confidential payment card data (card number, cardholder, expiration date, security code) are encrypted and transmitted directly to the payment processor without passing through the servers the Seller uses. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, your payment card information used to pay for the Products.

The charge will be made when the order is transmitted.

10.1 There are no limitations on delivery, except as may be indicated on the Site and/or in the Product Sheet.

10.2 Delivery for Italy is free of charge.

10.3 From the date of placing the order, the Products will be delivered within 2 days and, in any case, within thirty days from the date of conclusion of the contract.

10.4 It is your responsibility to verify the condition of the delivered Product. Notwithstanding the fact that the risk of loss or damage of the Product, due to causes not attributable to the Seller is transferred when you, or a third party designated by you and other than the carrier, materially takes possession of the Product, the Seller recommends that you verify the number of Products received and that the packaging is intact, not damaged, nor wet or otherwise altered, including in the sealing materials and you are invited, in your interest, to indicate on the transport document of the carrier, any anomalies, accepting the package with reserve. In the event that the package shows obvious signs of tampering or alteration, prompt notice should be given to the Seller. This is without prejudice, in any case, to the application of the rules on the right of withdrawal (if any for the Product) and the legal guarantee of conformity.

11.1 If you are a consumer, you have the right to withdraw from the Product purchase contract without having to provide any reasons and without incurring any costs other than those provided in this Article within the period of fourteen calendar days(Withdrawal Period). The Withdrawal Period expires after 14 days:

a. in the case of an order for a single Product, from the day you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;

b. in the case of a Multiple Order with separate deliveries, from the day you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product; or

c. in the case of an order for delivery of a Product consisting of multiple lots or pieces, from the day you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.

11.2 To exercise your right of withdrawal, you must inform the Seller, before the expiration of the Withdrawal Period, of your decision to withdraw.

11.3 You have exercised your right of withdrawal within the Withdrawal Period if the notice regarding the exercise of your right of withdrawal is sent by you before the expiration of the Withdrawal Period. This communication should be sent in the following manner:

Email: info@sialormilano.it

Please note that since the burden of proof regarding the exercise of the right of withdrawal before the expiration of the Withdrawal Period is on you, it is in your best interest to make use of a durable medium when notifying the Seller of your withdrawal.

11.4 If you exercise your right of withdrawal, you must deliver the Product to the registered office listed in the epigraph to these General Terms and Conditions of Sale.

11.5 The direct costs of returning the Products are your responsibility as well as the responsibility for the transportation of the Products.

11.6 If you withdraw from the contract, the Seller will proceed to refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any event no later than 14 calendar days from the day on which the Seller was informed of your decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that you have returned the Products using a carrier of your choice and at your own expense, Seller may suspend your refund until you have received the Products or until you have demonstrated that you have returned the Products, whichever is earlier.

11.7 You shall be liable only for any diminution in the value of the goods resulting from any handling of the Product other than that necessary to establish the nature, characteristics and operation of the Product. In any event, the Product shall be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and instruction sheets, with the identification tags, labels and disposable seal, if any, still attached to the Product and intact and not tampered with, as well as perfectly fit for its intended use and free of signs of wear or dirt. Moreover, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.

11.8 In the event that the Product for which the withdrawal has been exercised has suffered a decrease in value resulting from a handling of the good other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the refund amount an amount equal to such decrease in value. Of the circumstance and the resulting diminished amount of reimbursement, the Seller will notify you from the receipt of the Product, providing, if the reimbursement has already been paid, the bank details for payment of the amount due by you due to the diminished value of the Product.

11.9 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable regulations, it will not result in the termination of the contract and, consequently, will not entitle to any refund. The Seller will notify the user from receipt of the Product, rejecting the request for withdrawal. The Product will remain with the Seller at your disposal for collection, which must be done at your expense and responsibility.

11.10 In the case of partial withdrawal from Multiple Orders, the amount of delivery charges to be refunded to You will be quantified in proportion to the value of the Product subject to withdrawal. Therefore, if, for example, you have placed a total order of 200.00 Euros, in which two Products are included, the first worth 50.00 Euros and the second worth 150.00 Euros, and you return the Product worth 150.00 Euros, you will be reimbursed an amount equal to 75% of the delivery costs incurred. In any case, the amount of delivery charges to be returned may never exceed the amount actually paid.

All Products sold on the Site are covered by the Legal Warranty of Conformity provided for in Articles 128-135 of the Consumer Code(Legal Warranty).

To whom does it apply

The Legal Guarantee is for consumers only. It, therefore, applies, only to users who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity.

When applying

The Seller shall be liable to the consumer for any lack of conformity of the Product and which becomes apparent within two years after such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the warranty, within two months from the date it was discovered.

Unless proven otherwise, defects of conformity that become apparent within six months of delivery of the Product shall be presumed to have existed on that date, unless such a presumption is inconsistent with the nature of the Product or the nature of the defect of conformity. On the other hand, from the seventh month after delivery of the Product, it will be the consumer’s burden to prove that the lack of conformity existed when the Product was delivered.

Therefore, to be eligible for the Legal Warranty, the consumer must first provide proof of the date of purchase and delivery of the goods. It is advisable, therefore, that the consumer, for the purpose of such proof, retain the purchase invoice or any other document that can attest to the date the purchase was made (e.g., payment card statement) and the date of delivery.

In the event of termination of the contract, the Seller will refund to the consumer the total amount paid, consisting of the purchase price of the Product, shipping costs and any other additional costs. In case of price reduction, the Seller will return the amount of the reduction, previously agreed with the consumer. The amount of the refund or reduction will be credited to the means or payment solution used by the consumer for the purchase.

The Seller shall not be liable in case of damages, of any nature whatsoever, resulting from the use of the Product in an improper manner and/or not in accordance with the instructions provided by the manufacturer as well as in case of damages resulting from fortuitous events or force majeure.

If you made the purchase as a “professional” within the meaning of the provisions of the Consumer Code, the preceding paragraphs of this article do not apply. The legal warranty set forth in Art. 1490 c.c.

13.1 Products sold on the Site may, depending on their nature, be covered by a conventional warranty issued by the manufacturer(Conventional Warranty). You can enforce this warranty only against the manufacturer. The duration, extension, including territorial extension, conditions and terms of use, types of damages/defects covered, and any limitations of the Conventional Warranty depend on the individual manufacturer. The Agreed Warranty is voluntary in nature and does not replace, limit or affect or exclude the Legal Warranty.

14.1 Purchase contracts concluded through the Site are governed by Italian law. It is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided by the law of the country in which they have their habitual residence.

14.2 Please note that in the case of a consumer user, the court of the place where the user resides or has elected domicile shall have jurisdiction for any dispute relating to the application, execution and interpretation of this document. In the case of a professional user, any dispute relating to the application, execution and interpretation of this document shall instead be settled by the Court where the Seller is located pursuant to the provisions of Article 1 above.

14.3 Pursuant to Art. 141-sexies, paragraph 3 of the Consumer Code, the Seller shall inform the user who holds the status of consumer under Art. 3, paragraph 1, lett. a) of the Consumer Code, that, in the event that he has submitted a complaint directly to the Seller, as a result of which it has not, however, been possible to resolve the dispute thus arising, the Seller will provide information about the Alternative Dispute Resolution body or bodies for the out-of-court settlement of disputes relating to obligations arising from a contract concluded under these General Conditions of Sale (ADR bodies, as indicated in Art. 141-bis et seq. Consumer Code), specifying whether or not it intends to use such bodies to resolve the dispute itself.

14.4 The Seller shall also inform the user who qualifies as a consumer under Art. 3(1)(a) of the Consumer Code that a European platform for online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be accessed at http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user will be able to browse the list of ADR entities, find the link to the website of each of them, and initiate an online dispute resolution procedure for the dispute in which he or she is involved.

14.5 The consumer user’s right to bring the dispute arising from these General Terms and Conditions of Sale before the competent ordinary court of law, whatever the outcome of the out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis Consumer Code, shall in any event be unaffected.

14.6 The user who resides in a member state of the European Union other than Italy may, in addition, have access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, to the European procedure established for small claims, by Regulation (EC) no. 861/2007 of the Council, July 11, 2007, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00. The text of the regulations can be found at www.eur-lex.europa.eu.

You can request information, send communications, request assistance, or file complaints by contacting the Vendor in the following ways:

– by completing and submitting the form available at the following link“https://sialormilanoshop.it/pages/contattaci.”

– by email, to the following address: info@sialormilano.it.

The Seller will respond to complaints submitted within 5 days after receiving them.

16.1 If you exercise your right to cancel or return the Product you will receive a notice from the Seller offering you the option of returning the Product with the courier sent by the Seller on the terms and conditions stated in the notice.