GENERAL AND CONTRACTUAL CONDITIONS OF SALE ON LINE
The Buyer, from the moment he accesses and uses the site www.thesiltedcompany.com, undertakes to respect the terms and conditions contained in this contract. For this reason, the Buyer is invited to carefully examine this document before proceeding with the purchase.
ART. 1 IDENTIFICATION OF THE SUPPLIER
The goods subject to these general conditions are offered for sale by the company / sole proprietorship The Silted Company – T.S.C. SRL with registered office in Via Giordano Felici, 1 – Forlì (FC)- Italy registered P.IVA 04208950404 below indicated as “Supplier” and owner of the site www.thesiltedcompany.com.
ART. 2 DEFINITIONS
The term “online sales contract” means the purchase and sale contract relating to the tangible movable property of the Supplier, entered into between them and the Buyer as part of a distance selling system through telematic tools, organized by the Supplier.
The expression “Purchaser” means the natural person who makes the purchase referred to in this contract, for purposes not related to any commercial or professional activity that may be carried out.
The expression “Supplier” means the person indicated in the epigraph or the person who makes the sale online in the manner set out in this contract.
The purpose of this contract is the purchase and sale of cosmetics for hair, skin, accessories, etc. chosen by the Buyer by electronic selection on the website www.thesiltedcompany.com, in the methods and varieties proposed by the Supplier. The offer and sale on the Product Site constitute a distance contract governed by articles 49 and following of the Legislative Decree 6 September 2005, n. 206 (“Consumer Code”) and by Legislative Decree 9 April 2003, n. 70, containing the discipline of electronic commerce.
The Supplier guarantees that products equal to those indicated and described on the site will be delivered. The responsibility of the manufacturer applies to all products sold. The images on the site are inserted to facilitate the recognition of the products; due to changes in the packaging by the manufacturer, the photos may not exactly reflect the appearance of the product delivered.
ART. 4 NEWSLETTER AND COMMUNICATIONS
If the user wishes to receive, via e-mail, the newsletter of the site www.thesiltedcompany.com, or communications relating to the announcements present on a specific date on the portal itself, he must expressly authorize the sending of e-mails by the site , as well as has the burden of authorizing the processing of their data.
ART. 5 SUSPENSION OF THE SERVICE AND TERMINATION
Access to the services on the The Silted Company website, as well as to the related website www.thesiltedcompany.com, can be suspended, limited or interrupted at any time. The site reserves the right to block access to any material and / or to remove any material that, at reasonable and unquestionable judgment of the owner of the The Silted Company site, may give rise to violations of the purposes and conditions relating to the services offered from the site itself. The site owner reserves the right to close the account of any user-consumer who violates the terms and conditions of use expressed in this document.
ART. 6 PRICES
The prices of the products sold by the Supplier are indicated on the website and are inclusive of VAT. Shipping costs must be added to the product price, the amount of which varies according to the requested delivery method, in addition to the customs duties where due. If a price has been published in error or incorrectly, the Supplier reserves the right to renounce the sale.
ART. 7 METHOD OF ENTERED INTO THE CONTRACT
The contract between the Supplier and the Buyer is concluded exclusively through the Internet by accessing the Buyer at the address www.thesiltedcompany.com, where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of goods.
All products offered for sale on the www.thesiltedcompany.com site are present at the Supplier. However, the effective availability of each product cannot be guaranteed, as multiple users may purchase it at the same time. The company firm The Silted Company is not responsible for any type of malfunction dependent on the operator of the data transmission network (user-buyer service provider). The language available to conclude the contract is Italian, English, French and Spanish.
a) USER REGISTRATION AND ACCOUNT
To make a purchase you need to register, the User must provide his name, surname, postal code, e-mail address. Further personal data are purely optional. During the registration procedure, the User must also provide a password, which he undertakes to keep confidential. The user-consumer, with the registration itself, exonerates the owner of the site www.thesiltedcompany.com from any liability deriving from improper use of the password itself, by third parties who have come to know, in any way, of the referable password the user-consumer.
All accounts must be registered with a valid e-mail address and referable to the user-Buyer who uses it.
Following registration, the site www.thesiltedcompany.com is entitled to send the user-buyer e-mails with administrative and promotional content, information relating to the account activity and purchases, updates about the site and related services, other promotional offers, information on purchases made by the user-consumer himself. The user-purchaser can at any time opt not to want to receive promotional e-mails anymore by clicking on the “unsubscribe” link at the bottom of the e-mails having promotional content.
The owner of the site reserves the right to reject a new registration, or to cancel an account, at any time.
The user-buyer guarantees that all data and information provided at the time of registration, and contained in the personal account, are true and complete. The user-Buyer also undertakes to promptly communicate any variation of the aforementioned data and information, providing for the updating of the same within his account.
The User-Purchaser undertakes not to provide false or false data, including false names, addresses and contacts, as well as undertakes not to fraudulently use credit or debit card numbers, not to attempt to circumvent the security measures of the website. thesiltedcompany.com or to violate the network, use the site’s services for purposes unrelated to commercial transactions, undertake any illegal activity in connection with the use of the site and / or the services offered by the site itself.
The Silted Company does not guarantee that the services offered there, or the website www.thesiltedcompany.com, are free from viruses or other elements that can cause harmful effects on any technology.
b) ORDER OF PRODUCTS
Only after registration, the Buyer can fill in and send the order form in electronic format to the Supplier, following the instructions contained on the Site www.thesiltedcompany.com and illustrated below.
Before submitting your purchase order, the Purchaser will have the opportunity to correct any errors in entering data by following the appropriate modification procedure contained on the Site. In particular, the Purchaser has the right to modify the quantity of Products that intends to purchase, adding or removing one or more Products from the “cart”. The order becomes irrevocable once sent to The Silted Company through the website www.thesiltedcompany.com.
The Supplier reserves the right to evaluate the acceptance of orders received. The Silted Company will communicate to the Purchaser the possible impossibility of accepting orders received within 30 days from the day following that in which the Purchaser has sent the order. In case of refusal, the Supplier will reimburse any sums already paid by the Buyer for the payment of the supply.
The conclusion of the contract is subject to the payment by the Purchaser of the full amount through one of the permitted payment methods.
c) METHOD OF PAYMENT
The Purchaser can pay the price of the Products and the related delivery costs by the following means:
– CREDIT CARD (Visa and Mastercard) through the PayPal circuit
– PAYPAL (through the PayPal circuit, through your PayPal account or with your credit card (Visa and Mastercard)
When the user selects one of these two payment methods, he is redirected directly to the manager’s website (Paypal).
www.thesiltedcompany.com does not collect nor can see any sensitive data relating to the credit card inserted.
The transaction will be charged to the Buyer’s credit card only after that
a) the credit card details have been verified
b) the debit authorization has been received from the credit card company
c) the availability of the product has been confirmed by The Silted Company
In no case The Silted Company can be held responsible for any fraudulent and undue use of the credit card by third parties, when paying for the products.
The shipment of the purchased products will only take place with an accredited payment. Failure to comply with the 3-day deadline implies the cancellation of the order.
In the event that, for any reason, the debit of the amounts due by the Purchaser proves impossible, the sales process is automatically canceled and the sale automatically canceled.
d) ORDER CONFIRMATION
In accordance with the provisions of art. 53 of the Consumer Code, the Buyer receives, by e-mail, the confirmation of receipt of the sent purchase order, containing a summary of the General Conditions, the essential characteristics of the product ordered, its price, the amount paid , of the existence of the right of withdrawal – with an indication of the times and methods for returning the goods – of the geographical address to present any complaints and information on assistance services and existing commercial guarantees.
e) TRANSPORT AND DELIVERY
The Silted Company ships throughout Italy with GLS / POSTEITALIANE /DHL to the shipping address indicated by the Purchaser or in the absence of a different indication to the residential address shown on his / her account.
The products purchased on www.thesiltedcompany.com will normally be delivered throughout Italy within 24/48 working hours (except for smaller islands and disadvantaged areas) from receipt and payment of the order. Orders received and paid by 12:30 will be processed and shipped on the same day (excluding Saturdays, Sundays and holidays); after this deadline, evasion and shipment will be guaranteed within the next working day. It is not possible to provide guarantees regarding delivery times, as there are many variables that also affect not attributable to The Silted Company (e.g. strikes, weather events, special holidays, etc.) excluding any possibility of compensation for damages by the Buyer.
It is the responsibility of the Purchaser to always check the status of his / her package (s) on delivery based on the number of packages indicated on the delivery note. Any reservations or complaints must be addressed to firstname.lastname@example.org within the terms established in point 9 Right of withdrawal.
ITALY: free with expenses over € 100.00 otherwise € 5.00
EUROPEAN UNION: free with expenses over € 200.00 otherwise € 12.00
WORLDWIDE: free with expenses over € 200.00 otherwise € 20.00
In any case, the Purchaser will have to provide for customs clearance of imports and to pay duties and taxes other than VAT possibly due to the importing country including any other expenses or costs.
The identification of the goods and the relative transfer of ownership take place when the goods are remitted to the courier. With this act, the delivery obligation imposed on the Supplier will also be considered fulfilled. The Buyer, upon collection, is required to verify the integrity and quantity of the goods in the presence of the person in charge of delivery. If the package shows alterations in its packaging or evident tampering, the buyer is asked to reject the sender without accepting the withdrawal and immediately notify the Supplier by e-mail to email@example.com, who will provide, in the shortest possible time and in agreement with the purchaser to resolve the problem (e.g. product replacement, partial or total refund in any case within the maximum limit of what is exclusively paid by the Purchaser and always only to the person who made the payment even in the event of gift to third persons.
If instead he decides to accept, despite the alterations or tampering, the withdrawal without reservation, the buyer will bear all the risks and consequences of damage or shortages by relieving both the courier and the Supplier from any liability, losing any right of replacement or refund.
Pick up on site
The buyer can choose to collect the goods purchased at, upon indication on the site, one of the stores owned by The Silted Company without paying the shipping costs.
ART. 8 PURCHASE CONTRACTS ENTERED INTO FOR MINORS
The purchase through the site can only be made by adults. By making the purchase on the website www.thesiltedcompany.com and declaring to have read and accepted the conditions of sale, the Purchaser therefore automatically declares to be of age. However, if access by a minor occurs, those who exercise parental responsibility on the same will be directly responsible for what has been purchased, without prejudice to the withdrawal discipline referred to in Article 9 of these conditions of sale.
ART. 9 RIGHT OF WITHDRAWAL
Purchases on the site are subject to the discipline of Legislative Decree 206/05, dictated in the matter of distance contracts, as these purchases are completed outside the business premises. It should be noted that the law provides that the right of withdrawal can be exercised only by natural persons (consumers) who act for purposes that can be considered unrelated to their commercial activity, not also by legal and physical persons who act, with reference to the purchase contract , in the professional field. Pursuant to art. 64 of the Consumer Code, the Buyer has the right to withdraw from the contract within 10 working days of receipt of the goods, returning the goods subject to withdrawal to the Supplier, who will refund the price of the returned goods or will replace the same with an asset of the same amount, if the purchased or desired asset is not available, upon request and authorization. The right of withdrawal does not apply to products delivered sealed, which have been opened by the Buyer. To exercise this right it is necessary to have, in addition to the purchase invoice, the article code (s) of the products and the bank details on which to obtain the transfer.
The communication can be sent in advance by e-mail to firstname.lastname@example.org and sent, within the same term, by registered letter with acknowledgment of receipt to: The Silted Company based in Via Giordano Felici, 1 – Forlì (FC) – Italy containing:
a) the expression of desire to exercise the right of withdrawal pursuant to art. 64 of the Consumer Code;
b) the indication of the Products for which the Buyer wishes to exercise the right of withdrawal;
c) the progressive order number issued at the time of purchase;
d) data relating to the Buyer’s bank account, only if the Buyer has made the payment by bank transfer.
The goods must be returned intact, in unaltered conditions and complete with the original packaging, at the expense of the Buyer no later than 15 days from the Notice of withdrawal. The return of the goods is entirely the responsibility of the Buyer. The Purchaser is responsible for the packaging of the goods he intends to return and undertakes to take all the precautions required in order to safeguard the goods from any damage or alteration. The Supplier will re-credit the amounts paid within a maximum of 30 days from the date on which it became aware of the exercise of the right of withdrawal by the Buyer and in any case not before having received the return shipment and checked the status of goods subject to withdrawal. The costs and risks associated with returning the products will be borne by the Buyer.
In the case of goods deemed defective, the Purchaser must, in compliance with the times established by Legislative Decree 206/2005, inform the Supplier by e-mail at the e-mail address email@example.com, to agree on how to replace the goods or re-credit the sum. If it concerns promotional products for which the offer has ended, or products present only temporarily on the site, it is not possible to guarantee the availability of the product for replacement. However, the Supplier will agree on the most appropriate solution with the Buyer.
ART. 10 DIFFERENCE BETWEEN THE RIGHT OF WITHDRAWAL AND A REQUEST FOR CANCELLATION OF THE ORDER
The purchase order can be canceled in full if, at the time of the cancellation request, the shipment of the product is still being prepared and, in any case, if the amount has not yet been collected; in this case no cost will be charged to the customer.
If at the time of the request to cancel the purchase order the product has already been entrusted to the courier or, in any case, the amount has been collected, the Purchaser must exercise the right of withdrawal and return the goods to The Silted Company.
ART. 11 DEFECTS OF CONFORMITY
In the event of conformity defects of Products sold on the www.thesiltedcompany.com website, the Purchaser must immediately send the relevant communication to the email address firstname.lastname@example.org of The Silted Company .
The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Purchaser has the right to restore, without charge, the conformity of the goods by repair or replacement or to an adequate reduction in the price or termination of the contract. The Buyer forfeits these rights if he does not report the lack of conformity to The Silted Company within two (2) months from the date on which he discovered the defect. The direct action to assert defects not maliciously concealed The Silted Company is prescribed, in any case, within twenty-six months from the delivery of the goods.
ART. 12 ERRORS
The information relating to the Products provided on the Site is constantly updated. However, the complete absence of errors cannot be guaranteed.
The Silted Company reserves the right to correct errors, inaccuracies or omissions even after an order has been sent and also to change or update information at any time without prior communication
ART. 13 LIABILITY
The Supplier assumes no responsibility for any disservices attributable to causes of force majeure and other events that prevent, in whole or in part, from executing the contract within the agreed times. The Supplier will not be liable for damages, losses and costs incurred as a result of the non-execution of the contract for the reasons mentioned above, having the Purchaser entitled only to the refund of the price paid.
Without prejudice to the cases of willful misconduct or gross negligence of the Supplier, it is agreed from now on that, if the responsibility of the same for any reason towards the Purchaser was ascertained, including the case of total or partial non-fulfillment of the obligations assumed by the Supplier towards the Purchaser due to the execution of an order, the Supplier’s liability cannot be higher than the price of the Products purchased by the Purchaser and for which the dispute arose.
ART. 14 LIABILITY OF THE PURCHASER
The Purchaser is required to ensure that the data entered is true, complete, updated and to promptly communicate any changes thereto. The Supplier reserves the right to remove these subjects from their user lists, after a formal and unsuccessful invitation to self-correction.
Once the online purchase procedure is concluded, the Purchaser undertakes to print and keep this contract.
ART. 15 LIABILITY OF AUXILIARY THIRD PARTIES
The Silted Company is in no way responsible for the work of third parties who, as independent auxiliaries, intervene in the management or execution of payment operations, delivery of goods and any other operation relating to the execution of contracts concluded on the site www.thesiltedcompany.com.
ART. 16 REGULATORY REFERENCE
In general, although not expressly provided for in this contract, the legal provisions on distance contracts in force in the Supplier’s State apply.
ART. 17 APPLICABLE LAW AND COMPETENT COURT
This contract is governed by the rules of the legal system of the Italian Republic. These General Conditions are governed by Italian law and must be interpreted in accordance with Italian laws. For disputes arising from the interpretation, validity and / or execution of these General Conditions, the mandatory territorial jurisdiction will be that of the judge of the place of residence or domicile of the consumer, if located in Italian territory.
In all other cases, territorial jurisdiction pertains imperatively to the Forum of Forli.
The Silted Company does not enter into contracts with minors under the age of 18.
ART. 18 PRIVACY
The Supplier protects the privacy of its customers and ensures that the data processing complies with the provisions of the privacy legislation pursuant to Legislative Decree no. 30 June 2003, n. 196.
The personal and fiscal personal data acquired by the Supplier, the data controller, are collected and processed in paper, IT, telematic form, in order to record the order and activate the procedures for the execution of this contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relationships (art. 24, paragraph 1, letter b, Legislative Decree no. 196/2003).
The Supplier undertakes to treat the data and information transmitted by the Purchaser confidentially and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. These data may be presented only upon request of the judicial authority or other authorities authorized by law.
Personal data will be communicated, after signing a commitment of confidentiality of the data, only to subjects delegated to carry out the activities necessary for the execution of the contract stipulated and communicated exclusively for this purpose.
The Buyer enjoys the rights referred to in art. 7 of Legislative Decree 196/03, i.e. the right to obtain:
a) updating, rectification or, when interested, integration of data;
b) the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment occurs proves impossible or involves the use of means manifestly disproportionate to the protected right. The interested party also has the right to object, in whole or in part:
a) for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection;
b) to the processing of personal data concerning him for the purpose of sending advertising materials or direct selling or for carrying out market research or commercial communication.
The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing that, the Buyer’s request cannot be processed.
In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely.
The owner of the collection and processing of personal data is the Supplier, to whom the Purchaser may address, at the company headquarters or at the email address email@example.com, any request.
ART. 19 CONTACTS
For further information or complaint, please write to the following email address:
or at the address below:
The Silted Company – T.S.C. SRL
Via Giordano Felici, 1 – Forlì (FC)- Italy