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Welcome to the new website!
Welcome to the new website!

GENERAL CONDITIONS OF SALE

PREMISE: The goods are considered sold under the General Terms & Conditions of Sale, as listed below and published on the website www.silanpromozioni.com. They shall be deemed accepted, without reservations, upon placement of the order.
These General Terms & Conditions of Sale govern the commercial relationship between Silan S.p.A. (Seller) and its Customers (Buyer/s). Any provision, comment, and/or insertion conflicting with these Terms & Conditions that the Customer adds or intends to add to invoices and/or any correspondence (including emails) exchanged with Silan S.p.A., which is not expressly accepted in writing by the latter, shall be considered null and void and non-binding between the parties.

 

  1. PRICES: Product prices are those indicated in the Silan S.p.A. price list in effect at the time the Customer submits the order. Prices are net of VAT, any insurance costs, and free-on-warehouse delivery from the Seller, as well as any other ancillary charges, unless the parties have specifically agreed otherwise in writing.
    Consequently, they do not include, by way of example and not exhaustive identification, the transportation costs from Silan S.p.A.'s warehouses to the Customer’s.
    The Seller reserves the right, at its sole discretion, to change the listed prices (due to raw material cost fluctuations or USD exchange rate changes), without any obligation to notify Customers.

  2. PRODUCTS: Descriptions and colors of products published in the official catalog and/or on www.silanpromozioni.com are indicative and non-binding; any clarification and/or specification of Product/Article must be requested in writing from the sales office or verified via sample.

  3. ORDERS: Orders are accepted only in written form, via email or directly through www.silanpromozioni.com. Purchase orders must contain all information necessary for correct processing: product code, description, quantity, color, special requests, etc.

    1. Silan S.p.A. excludes any contractual or extra-contractual liability for direct or indirect damage to persons and/or property due to partial or total refusal of one or more orders and/or any issues related to production or planning of such orders. The occurrence of any of the above events shall not entitle the Customer to claim compensation. Silan S.p.A. is under no obligation to compensate for damage related to cancellations or delays in receipt of goods from abroad.

    2. Purchase orders may be canceled by the Customer only with Silan S.p.A.’s written consent; otherwise, the Customer shall be charged all costs, penalties, and ancillary charges incurred by the Seller.

    3. Orders will be fulfilled based on the type of order execution requested by the Customer and availability of goods in each warehouse. Absent a specific written agreement on delivery times, orders will be fulfilled based on warehouse availability. Generally, the following types of order execution are provided:

      • Standard execution: order fulfilled (even partially) by the next business day.

      • Fulfillment in full: order fulfilled only when all items are available.

      • Scheduled execution: order fulfilled by the next business day from the scheduled date indicated by the Customer.

    4. Delivery terms: In order confirmations, the shipping date refers to goods departure from a Seller’s warehouse. Delivery terms in Order Confirmations are indicative and delays do not constitute default by Silan S.p.A. All delivery dates are purely indicative. Delivery times are not essential, and in no event shall the Customer be entitled to order cancellation or compensation for late delivery, nor is the Seller obliged to communicate delays caused by third-party couriers not attributable to it.

    5. The Customer is obliged to promptly notify any change to the registered headquarters and/or domicile. Otherwise, any notifications sent to the registered address shall be considered effective.

  4. TRANSPORTATION: Goods travel at the Customer’s risk, even if sold “Free Destination.”

    1. Transportation or delivery methods:

      • Shipping via Courier selected by the Customer (Freight Collect);

      • Shipping charged to invoice via Couriers selected by the Seller (Freight Prepaid);

      • Pickup at a Silan S.p.A. warehouse using own transport.
        For third-party pickups, the Customer must designate the delegate in writing; own transport pickups must be arranged at least 24 hours in advance.

    2. Transport rates are those published on www.silanpromozioni.com. Shipping and packaging costs are borne by the Customer under “Freight Collect” or “Freight Prepaid,” unless shipping Free Destination is expressly agreed (for orders ≥ €400).

    3. Silan S.p.A. is not responsible for losses and/or damage to the product from the moment goods are handed over to the Carrier until delivery to recipient. The Customer cannot claim compensation for damages due to delayed delivery.

    4. Goods are insured only upon explicit Customer request, with insurance cost charged.

  5. PAYMENT TERMS: Payment must be made strictly according to agreed terms and methods.

    1. Any delay or irregularity entitles Silan S.p.A. to:
      a. suspend current supplies, even if unrelated;
      b. change payment terms and discounts for subsequent supplies, possibly requiring advance payment or guarantees;
      c. revoke negotiated preferential price lists;
      d. charge default interest from due date per legal rates for commercial transactions (Legislative Decree 231/2002), without prejudice to the right to claim further damages.

    2. The Customer must pay in full even if disputes arise that will be resolved later.

    3. Retention of title applies pursuant to Art. 1523 Civil Code: ownership transfers upon full payment, but risk transfers at delivery, as per these terms.

    4. Ri.Ba. payments incur a fixed € 3.10 + VAT charge on the first invoice of the month.

    5. Bank non-payment will result in charges covering bank fees and administrative costs.

    6. No discounts or rounding on invoiced amounts are allowed for VAT accounting (Art. 26).

  6. DISPUTES – CLAIMS: Both parties agree that any dispute, such as claims for non-conforming goods quality or quantity, must be reported in writing to Silan S.p.A. via email at [email protected] within 8 days from receipt of goods. Complaints must include sufficient details:

    • Delivery note number and date;

    • Product code(s);

    • Reason for dispute per product;

    • Quantity of non-conforming goods per product.
      Complaints lacking these details will be dismissed for lack of seriousness. The Customer waives claims for direct or indirect damages arising from non-conforming goods or unavailability during inspection or replacement.

    1. Any damage or missing parcels must be immediately noted on the courier's delivery document with: “received with reservation for missing and/or damaged n°… parcels” and reported in writing to Silan S.p.A. within 8 days via email. Even if packaging is intact, hidden defects must be reported within 8 days, otherwise rights are forfeited. Late or improperly communicated claims will be disregarded and the supply considered accepted.

    2. No dispute, including non-conformity or late delivery, may delay or avoid payment. In quantity disputes, invoice quantity prevails over order.

    3. By accepting these Terms & Conditions, the Customer acting within its business/professional activity waives recourse under Art. 131 Consumer Code (D.Lgs. 206/2005) against the Seller for complaints raised by end users, other resellers, intermediaries, or third parties.

  7. RETURNS: Returns require prior written confirmation via a specific authorization procedure. Return of non-defective neutral goods is accepted only in case of defect or shipping error and only after Seller’s written authorization. Customer may be charged repackaging and transport costs. For freight-free returns, round-trip transport cost will be charged per current transport rates. Custom goods cannot be returned; Customer must inspect goods before customization.

  8. INTELLECTUAL PROPERTY: Silan S.p.A. is not liable for costs or damages borne by the Customer from legal actions related to infringement of Industrial Property Code rights.

    1. If Products infringe third-party industrial property, know-how, trademarks, or patents, Silan S.p.A. is not responsible, and Customer agrees to indemnify the Seller for any claims and costs resulting from materials/information provided by the Customer.

    2. Customer agrees to inform Silan S.p.A. of any suspected infringement of third-party industrial property rights or know-how encountered during business operations.

    3. Customer expressly indemnifies Silan S.p.A. against claims and costs from copyright, patent, trademark, or design infringement related to Seller’s Products.

    4. Purchasing the product does not grant rights over the trademarks or distinctive signs.

  9. ORDER CANCELLATION: All orders are confirmed and cannot be canceled without Silan S.p.A.’s written approval, which is subject to production not having started. Costs for setup, dies, digitization, and proofs already produced will still be charged.

  10. ORDER APPROVAL: Personalization work begins only after Seller receives Customer’s written approval of print proofs at [email protected].

  11. DELIVERY TIMES: Delivery times start from full agreement on technical details, receipt of approvals (e.g., logo and proof), and payment of any required deposit. Delivery times assume the order is workable given known circumstances. If conditions change after delivery date is set, Silan S.p.A. may extend personalization times based on new circumstances.

  12. WARRANTIES REGARDING LOGO AND MARKS USAGE DURING PERSONALIZATION: By submitting the order and graphics, the Customer declares and guarantees that logo/mark usage will not infringe any law or be restricted. The Customer indemnifies Silan S.p.A. for any direct or indirect claims caused by improper usage. Seller reserves the right to request a hold-harmless letter for sensitive jobs.

  13. FINAL PROVISIONS AND JURISDICTION: Any dispute arising under these General Terms & Conditions of Sale shall be exclusively resolved by the Court of Naples, where the contractual obligation is executed, with express exclusion of any other jurisdiction. Any conflicting agreement shall be valid only if written and signed by both parties.

  14. PERSONAL DATA PROCESSING INFORMATION: Pursuant to Art. 13 of Legislative Decree no. 196/2003, Silan S.p.A. guarantees that personal data processing shall comply with fundamental rights and freedoms, particularly confidentiality, personal identity, and data protection. Both parties consent to data processing for purposes under this article, per Art. 6 EU Regulation no. 2016/679 (GDPR).

  15. Both parties acknowledge, as data controllers under GDPR, that exchanged personal data are processed by authorized personnel exclusively to fulfill contractual obligations. Data processing may be manual, computerized, or telematic, always ensuring security and confidentiality in compliance with laws and regulations. Data are not disclosed and may only be communicated to fulfill legal or contractual obligations.

  16. The complete privacy policy is available at www.silanpromozioni.com.