These Website Terms and Conditions of Sale (“Terms and Conditions”) shall apply to every sale by SICIS S.R.L. (“SICIS”), of mosaic tiles (“Mosaic”) as well as related packaging sold under any of SICIS’ trademarks (“Products”), to any person or entity who places an order to purchase Products from SICIS (“Buyer”). Depending on the type of Products sold and at SICIS’ sole discretion, additional terms and conditions which will not conflict with these Terms and Conditions may also apply, and will be provided by SICIS to Buyer and attached to and become an integral part of these Terms and Conditions. Buyer’s signature of these Terms and Conditions shall be deemed acceptance of these Terms and Conditions.1. Introduction
This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.
These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
By placing an order for products or services from this website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions. You may not place any order with the intention to resell such products.
You may not order or obtain products or services from this website if you (A) do not agree to these terms, (B) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with SICIS, or (C) are prohibited from accessing or using this website or any of this website’s contents, goods or services by applicable law.2. Product availability
You agree that your order is an offer to buy, under these Terms, all products and repair services listed in your order (the “Order”). All Orders must be accepted by us and paid in full or we will not be obligated to sell the Products or repair services to you. We may choose not to accept Orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
All Products and repair services listed in your Order are subject to availability. If due to lack of availability or because the selected item is out of stock, SICIS will refund you with any amount that you may have paid to purchase such item.
Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any Product or repair that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
SICIS will endeavor to offer you with reliable information on the Website with regard to the Products for sale (names, photographs, technical sheets, etc.). SICIS is not responsible for any potential errors that may exist, although it will correct them once notified.
Buyer acknowledges that the aspect of the Products as shown on the Website or in SICIS brochures, and any published price lists are indicative only. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques or of different colour. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item.4. Purchase procedure
In order to process the Order, you must select the Product you wish to buy and click the [“Add to Cart”] button. The selected Products will then be included in the “Cart” and the order can be placed by filling out the order form and affirmatively accepting these Terms and Conditions. Prior to submitting the Order, you are required to verify the accuracy of the information provided and make the necessary corrections. The Order is submitted when you click the “PayPal” pay button. After placing an Order, within twenty-four (24) hours, you will receive an automatic e-mail confirmation from us acknowledging that we have received your Order. Please note that clicking the “PayPal” button does not mean that your Order has been accepted and purchase completed. Your Order constitutes an offer to us to buy a Product. Upon receipt, the Order will be submitted for us to process and may not be changed or cancelled by you except as expressly provided in these Terms and Conditions or as required by applicable law. All Orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you a second e-mail that confirms that the Product has been dispatched and which contains the relevant tracking number (the “Order Confirmation”). The Order Confirmation will also list each Product being purchased and dispatched and the final price (inclusive of taxes, shipping and handling charges). The contract between us will only be formed when we send you the Order Confirmation and payment is received by SICIS. The Contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. SICIS also reserves the right to require verbal confirmation of Orders. If we request verbal confirmation of an Order, you will be required to give confirmation of the Order by phone and email confirmation will not be sufficient. SICIS files for its own records evidence of all transactions between SICIS and its customers. Download and file for your own records these Terms and Conditions and the Order Confirmation. In the event of a dispute between SICIS and one of its customers relating to a transaction conducted on the Website, you agree that the data recorded by SICIS shall be treated as evidence of the details of the transaction.5. Payment terms
Orders must be paid as soon as they are confirmed. Only Orders for which payment has been verified and completed will be processed. All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a Product will be the price in effect at the time the Order is placed and will be set out in your order confirmation email. Price increases will only apply to Orders placed after such changes.
Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your Order Confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any Orders arising from such occurrences.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an Order. You may pay by PayPal.
You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your Order.
Your payment details will under no circumstances be stored or processed by SICIS, but will be directly registered by the payment gateway of the financial institution chosen by you to make the payment. For greater security, when payment is made the Website has a Secure Ecommerce Authentication Service, a system established by Visa/Mastercard/AMEX, whereby customers are authenticated by their purchasing bank.
The amount of the Order will be charged in real time using the chosen payment method and if the charge is cancelled for any reason and the transaction is not completed, the Order will be automatically cancelled.6. Delivery, shipping and risk of loss
Shipping rates are calculated depending on the place of delivery, size and weight of the goods, and are shown before the payment.
Buyer is always responsible for payment of duties and/or sales and use tax, as applicable. Products listed, as of the date payment is received, are shipped from our facility in Ravenna within a maximum of sixty (60) days from the purchase. Delivery times may however vary significantly with respect to (a) Products undergoing a customization process or (b) Products not listed on our catalogue at the date of the Order. Such delivery times shall be communicated upon receipt of payment. Order status and/or shipment details can be monitored by contacting our Customer Service Center at [email protected].
Shipping times may vary due to other circumstances beyond our control. We are not responsible for any delays for reasons attributable to third parties not connected to us. SICIS will inform you on the progress of your Order by sending an email or mobile phone message to the number supplied by you.
Claims for breakage, damage, loss in transit and delay in delivery must be made to the carrier by the Buyer. Buyer must notify the delivering carrier of such claims immediately upon delivery so that inspection may be made to substantiate Buyer’s claim against the carrier. See Section 8 below for shipping and handling charges on returned Products.
Any failure to deliver or a delivery exceeding twenty (20) business days from the shipment date or any discrepancy between ordered and delivered Products should be promptly reported to our customer service department by emailing us at [email protected].
List of countries we currently ship to:
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Poland, Portugal, Slovakia, Spain, Sweden, Switzerland, United Kingdom
US Federated States and Federal District (Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Washington D.C., Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming)
For orders outside these countries you can send a request to [email protected]7. Policy for the return, exchange and refund of orders
Except for any Products designated on the Website as NON-RETURNABLE or any customized Order, and at the sole discretion of SICIS, you may return any online purchase without customization, for a refund or exchange, within fourteen (14) calendar days from the date of delivery or purchase, whichever is first, by clearly informing us of your intention to do so.
To return a Product, kindly notify [email protected] within the fourteen (14) calendar day period referenced above. You will then need to wrap the returned Product in its original packaging and attach the pre-printed and pre-paid return label, which we will send you via email following your return request. Attach the label so that it covers the original delivery address. The returned Product will be checked and evaluated by us. If it is in perfect condition, we credit the account which was used for the original Order payment.
Shipping costs will not be refunded.
For any questions you can contact our Customer Service Center [email protected].
We offer no refunds on any products designated on this website as non-returnable. We do not accept returns of products that appear to have been used or altered.8. Customer service department
You may contact SICIS and use its customer services department when they consider appropriate by means of the method shown below:By sending an email to: [email protected] 9. Force majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.10. Governing law and jurisdiction
These General Terms and Conditions of Sale are governed by Italian law and in particular by Italian legislative decree no. 206 of 6 September 2005 on distance contracts and by Italian legislative decree no. 70 of 9 April 2003 on certain aspects related to e-commerce.
Please note that the European Commission provides a platform for alternative extra-judicial resolution of disputes, available on the website http://ec.europa.eu/odr
Any controversy or claim arising out of or relating to these Terms and Conditions or breach thereof, arising with a Buyer in the United States at the order were signed, shall be construed in accordance with the laws of the State of New York, irrespective of its conflict of law provisions, and shall be settled by arbitration in the City, County and State of New York in accordance with the current Commercial Rules of the American Arbitration Association.11. Dispute resolution and binding arbitration
You and SICIS are agreeing to give up any rights to litigate claims in a court or before a jury. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.
Any claim, dispute or controversy (whether in contract, tort or otherwise, wheter pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of products or services through the site, will be resolved exclusively and finally by binding arbitration.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. In any dispute, neither you nor SICIS will be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.12. Proprietary rights and confidential information
All rights in pattern, design, trade names, trademarks and copyrights of SICIS used on or in connection with the Products are proprietary and shall remain the exclusive property of SICIS, and the Buyer shall have no right of interest therein or with respect thereto. The Buyer shall not reproduce or simulate, or cause or allow anyone to reproduce or simulate, either directly or indirectly any such pattern, design, trade name, trade-mark or copyright. The information and material contained herein are proprietary and are submitted in confidence and with the condition that it will not be copied or otherwise reproduced and will not be used or disclosed to anyone outside Buyer’s company except as authorized in writing by SICIS.13. SICIS limited warranty
As a consumer (meaning any individual who is acting for purposes which are outside his or her trade, business or profession), you may be entitled to certain statutory warranties including a warranty that the Products supplied to you conform with your contract with us or are otherwise defective.14. Sole and exclusive warranty
This warranty is expressly in lieu of all other warranties, expressed or implied, including, to the extent allowed by law, any implied warranty of merchantability or fitness for a particular purpose, and any other obligation on the part of SICIS, including without limitation any obligations with respect to incidental, consequential and special damages.15. Indemnification
Products sold by Buyer to any person must be delivered with the SICIS Limited Warranty in a form identical to Section 14 above and available upon request to SICIS. Any Buyer who fails to comply with this Section 15 for any delivery to any person will indemnify and hold harmless SICIS from any damage, loss, liability or expense, including attorney’s fees arising out of any warranty claim by such person relating to the Product.16. Counterfeit warning
SICIS merchandise is available exclusively from www.sicis.com, SICIS stores and authorized retailers. Buyers should be wary of purported SICIS merchandise sold through unauthorized channels. Beware of counterfeits.17. No waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of SICIS.18. Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.19. No third party beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.20. Severability
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.21. Entire agreement