Terms and Sales Conditions

1. Introduction
2. Acceptance of the sales conditions
3. Prices
4. Purchasing Method
5. Payments
6. Transfer of the risk
7. Force majeure
8. Shipping and delivery of products
9. Right of Withdrawal and Refund Policy
10. Differences in dye bath and piece defects
11. Complaints
12. General Terms of Use

Introduction

The offer and sale of products on ecommerce.sitip.it are governed by these General Sales Conditions. The products purchased on ecommerce.sitip.it are sold by Sitip S.p.A. (hereinafter referred to as the SELLER) with registered office in Via Vall’Alta, 13 CENE 24020 (BG) Italy, VAT No. and Tax code 00228530618.

Acceptance of the sales conditions

1. The contract entered into between the SELLER and the CUSTOMER must be considered as concluded with the acceptance, even partial, of the order by SITIP S.p.A., which reserves the right, at its sole discretion, to accept the order. The acceptance is considered tacit unless otherwise communicated in any way to the CUSTOMER.
2. By placing an order using the functions provided on the ecommerce.sitip.it portal, the CUSTOMER declares that he/she has read all the information provided during the purchase procedure and fully accepts the general and payment terms and conditions outlined below.
3. Once the online purchase procedure has been completed, the CUSTOMER will print or save an electronic copy and, in any case, keep a copy of these general sales conditions, in accordance with the provisions of Articles 3 and 4 of Legislative Decree 185/1999 on remote sales.
4. Any right of the CUSTOMER to damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and/or property caused by the non-acceptance, even partial, of an order is excluded.

Prices

The sales prices of the products shown on ecommerce.sitip.it do not include VAT and all other taxes. Delivery charges are indicated when placing the order and will be visible throughout the order checkout process.

Purchasing Method

1. To conclude the purchase contract on ecommerce.sitip.it, the CUSTOMER must accept the sales conditions indicated during checkout of the order, in relation to the list of products, their prices and the charges indicated in the SHOPPING CART function.
2. Once the CUSTOMER has checked out the order and made the payment, the CUSTOMER will receive an e-mail containing a summary of the order with information on the essential characteristics of each product ordered, the relevant price and any applicable shipping costs, taxes or duties. Reference will be made to the conditions for exercising the CUSTOMER’s right of withdrawal and the terms and conditions for returning the purchased products in the same electronic document.
3. The contract is concluded when the SELLER receives the order and the payment electronically, after verification of the correctness of the order data.
4. Before purchasing products, by sending the order form, the CUSTOMER will be asked to carefully read the General Sales Conditions and the Right of Withdrawal Policy, and to print and save or duplicate a copy of them for his/her personal use.
5. The order form will be filed in the SELLER’s database for the period of time necessary to process orders and, in any case, in accordance with the law.
6. Contracts concluded with the SELLER may either be in Italian or English.
7. Once the contract is concluded, the SELLER may take charge of the purchase order.
8. The SELLER may not process purchase orders that do not give sufficient guarantees of solvency or that are incomplete or incorrect, or if the products are not available. In such cases, we will inform the CUSTOMER by e-mail that the contract is not concluded and that the SELLER has not processed the purchase order specifying the reasons thereof.
9. Should the products presented on ecommerce.sitip.it no longer be available or for sale when the CUSTOMER last accesses the website, i.e. when the order form is sent, the SELLER will promptly notify the CUSTOMER of the non-availability of the products ordered, starting from the day following the forwarding of the order form. If the order form is forwarded and the price paid, the SELLER will refund any amount already paid in advance by the CUSTOMER within 10 days.
10. By checking out and accepting the sales conditions, the CUSTOMER unconditionally accepts and undertakes to comply, in relations with the SELLER, with these General Sales Conditions.
11. By checking out and accepting the sales conditions, the CUSTOMER acknowledges that he/she knows and accepts the General Sales Conditions and the further information contained in ecommerce.sitip.it, including the General Terms of Use, the Privacy Policy and the Right of Withdrawal Policy.
12. Upon conclusion of the contract, the SELLER will send the CUSTOMER, by e-mail, a receipt of the purchase order containing a summary of the information already contained in the order checkout procedure.

Payments

The CUSTOMER may use one of the methods indicated in the order form to pay for the products and the related shipping and delivery costs. If payment is made by credit card, the financial information (for example, the number of the credit/debit card or the date of its expiry) will be forwarded via encrypted PayPal protocol, which provides the relevant remote electronic payment services, without third parties having any access thereto whatsoever. Moreover, this information will never be used by the SELLER except for the purpose of performing the purchase procedures and for issuing the relevant refunds in case of return, if the CUSTOMER exercises his or her right of withdrawal, or if SITIP S.p.A. is required to prevent or report to the police forces the commission of fraud.

Transfer of the risk

The risk of damage to the goods and, in particular, those related to their transport, shall be deemed transferred to the purchaser upon delivery to the CUSTOMER. Goods are considered delivered when they are physically handed over to the CUSTOMER and will apply to all sales irrespective of their destination (Italy or other countries) and of the sales and transport methods. For sales subject to INCOTERMS regulations, the INCOTERMS regulations in force at the time of the sale shall apply.

Force majeure

Accidents relating to the production and storage of the products, total or partial stoppage of supplies, carriers’ strikes, fires, floods, plant breakdowns, total or partial strikes, acts of public authorities, impediments of third parties, wars and all acts not attributable to the SELLER that could delay the performance of the obligations of the SELLER or make such performance excessively burdensome, without recourse on the part of the purchaser, are contractually assimilated to force majeure, and shall be considered as causes of termination or suspension of the SELLER’s obligations.

Shipping and delivery of products

1. Shipments are made to destinations enabled by the platform.
2. The cost of shipping the products is calculated according to the volumetric weight of the products purchased, the destination, and the type of transport selected.
3. The total cost of shipping will be displayed during the purchase. The CUSTOMER will also receive a pdf order confirmation and an automatic confirmation e-mail.
4. Shipments in Italy will be delivered by standard courier within approximately 2-5 business days after the order is placed, and within approximately 1-2 business days with express courier. For deliveries to the rest of the world, delivery will take place within approximately 10-15 business days after the order is placed, and within 5-10 business days with express courier.
5. Some colour charts may be subject to delivery delays due to limited stock availability.

Right of Withdrawal and Refund Policy

1. The purchaser has the right to withdraw from the contract concluded with SITIP S.p.A., without any penalty and without specifying the reason, within fourteen (14) business days as from the day of receipt of the products purchased on SITIP S.p.A.
2. To withdraw from the contract, it is necessary to fill in the Return Form at the following link
3. The CUSTOMER must return the products to SITIP S.p.A. by handing them over to the carrier for shipment following the approval of the return by the SELLER.
4. The expenses incurred by the CUSTOMER are those for the return of the purchased products (including any customs charges for non-EU countries)
5. The Right of Withdrawal - in addition to compliance with the terms and procedures described above - is deemed to have been properly exercised if the following conditions are also fully complied with:
6. a) The return form must be correctly filled in and sent to the SELLER via the e-mail address indicated in point 2 within fourteen (14) business days from receipt of the products; b) Products must not have been cut, ruined or damaged; c) Before any refund, SITIP S.p.A. reserves the right to check and assess at its sole discretion that the condition of the product is unaltered; d) Products must be returned in their packaging; e) Returned products must be sent to the SELLER in a single shipment. The SELLER reserves the right not to accept products of the same order, returned and sent at different times; f) Returned products must be handed over to the carrier within two (2) business days from the date of acceptance of the return.
7. If the Right of Withdrawal is exercised according to the terms and conditions indicated in this paragraph, the SELLER will refund any sums already collected for the purchase of the products (excluding shipping and handling costs) according to the terms and conditions provided.
8. The sums shall be refunded in the shortest time possible, and, in any event, within thirty (30) days from the date of receipt of the goods by the SELLER; the SELLER will activate the refund procedures, once it has verified the correct execution of the terms and conditions indicated above, as indicated in the paragraph. After the return of the products, using the return form, the SELLER proceeds to carry out the necessary checks as to the conformity of the products with the conditions and terms indicated herein. If the checks are concluded with positive outcome, the SELLER will send the relevant confirmation of acceptance of the products returned by e-mail. Irrespective of the payment method used, the SELLER will activate the refund in the shortest possible time and in any event within thirty (30) days from the date on which the SELLER has become aware that the right of withdrawal has been exercised, subject to checking the correct execution of the right of withdrawal and acceptance of the returned products. If there is a mismatch between the recipient of the products indicated in the order form and the person who made the payment of the sums due for their purchase, the SELLER will refund the sums, in the event of the exercise of the right of withdrawal, to the person who made the payment. The CUSTOMER may return the products to the SELLER through the courier chosen by the purchaser, attaching the invoice to the package containing the products. When returning the products, the CUSTOMER will pay the shipping costs, and is also liable in the event of loss of or damage to the products (unless the order and the product delivered by the SELLER are inconsistent).
9. If the methods and terms for the exercise of the right of withdrawal, as detailed in this paragraph, are not complied with, the CUSTOMER will not be entitled to the reimbursement of the sums already paid to the SELLER; however, the purchaser may re-obtain, at its own expenses, the products in the condition in which they were returned to the SELLER. Otherwise, the SELLER may retain the products, in addition to the sums already paid for their purchase.

Differences in dye bath and piece defects

Complaints

The purchaser is required to inspect the delivered products upon receipt thereof, and to report visibly obvious defects on the delivery note/CMR. Other defects must be notified by the purchaser within 10 days of delivery, in writing specifying the defects. The use of the goods results in the purchaser’s loss of all warranty rights. The SELLER’s liability, in any case, shall not exceed the value of the goods supplied. It is the SELLER’s right, having ascertained the defect, to replace the goods or refund the disputed value.

General Terms of Use

1. Intellectual Property Rights SITIP S.p.A.’s contents, such as images, texts, photos, documents and any other material in any format published on SITIP S.p.A., are protected by SITIP S.p.A.’s intellectual property rights and those of the other owners of the rights. Full or partial reproduction, in any form whatsoever, of SITIP S.p.A.’s contents is prohibited without SITIP S.p.A.’s express written consent. 2. Sitip trademarks and names SITIP S.p.A. is the exclusive owner of the SITIP trademark and the domain name http://ecommerce.sitip.it

APPLICABLE LAW AND JURISDICTION

All contracts are deemed to have been concluded in Italy and will be subject to Italian law. Any dispute concerning the interpretation, execution or termination of the contract shall be submitted to the competence of the Court of Bergamo. At its own discretion, the Seller shall be entitled to waive the aforementioned jurisdiction and may sue the Purchaser at his or her domicile and at the competent Court with application of the law of the country where the Purchaser is resident. We hereby inform you that by accepting this Contract, Sitip SpA disclaims all liability with regard to the accuracy of the data provided by you and contained in the order proposal and in particular we would like to inform you that following the implementation changes provided for by paragraph 7-bis of Article 35 of Presidential Decree 633/1972, as replaced by Article 22 of Legislative Decree 175/2014, provides that the option to carry out intra-Community transactions determines the automatic exclusion in the Vies database, according to the operating procedures defined by Inland Revenue Provision 159941 of 15/12/2014 and, therefore, we ask you to check the accuracy of your data in our possession and provided by you and to promptly notify us of any deletion from the Vies database.