Terms and Conditions of Sale
Version 1.0 of July 15, 2021
The purchase of products branded SilverPro via the site www.silverpro.ch (hereinafter, the “Site”) by users classified as consumers according to the law, is subject to these terms and conditions of sale (hereinafter, “Terms and Conditions of Sale” or “Terms of Sale”).
The products purchased on the Site are sold directly by Ingenio Solutions Ruggeri, Chemin de la Rillette, CH–1195 Dully, with Company ID no.: CHE-383.814.059 (hereinafter, the “Vendor” or “Ingenio Solutions”).
In these Terms of Sale, in addition to other definitions provided elsewhere in the same, the following terms shall have the following meaning:
“Client” shall mean the final client who is also a consumer, that is, “any natural person who is acting for purposes which are outside his trade, business or profession”.
“Order Confirmation” shall mean the e-mail sent by Ingenio Solutions to the Client confirming the shipment of the Products ordered and the execution of the Contract.
“Contract” shall mean the contract between the Client and the Vendor for the sale and purchase of Products executed at distance via Internet through the Site, comprising the Order, the relevant Order Confirmation and these Terms and Conditions of Sale which are an integral and essential part of the same contract.
“Order” shall mean an order requesting the purchase of certain Products sent by the Client to the Vendor through the fulfillment of the relevant order form on the Site.
“Products” shall mean the Vendor products branded SilverPro and displayed on the Site.
“Order Receipt” shall mean the e-mail that the Vendor will send automatically to the Client to confirm that the Order has been received.
“Site” shall mean the website of the Vendor at the URL https://www.silverpro.ch.
“Vendor” shall mean Ingenio Solutions Ruggeri, Chemin de la Rillette, CH-1195 Dully, with Company ID no.: CHE-383.814.059.
2.1 These Terms of Sale apply to all Contracts between the Vendor and the Client executed via Internet through the Site and are an integral and essential part of the same.
3. Countries of delivery
3.1 The purchase of Products via the Site is currently possible if the delivery is to take place in Switzerland. The Vendor reserves the right to expand the list of countries of delivery.
3.2 It is not possible for the Client to provide a shipping address outside of Switzerland and, therefore, the relevant orders will not be accepted by the Vendor.
4. Order and acceptance
4.1 In order to place an Order via the Site, the Client shall select the Products on the Site as well as the relevant size, add the Products to the virtual cart, select the check-out button and follow the Site instructions in order to fill in the order form in electronic format and send it via Internet to the Vendor.
4.2 The Client shall provide the necessary information for billing and shipping and is fully responsible for the accuracy of the personal data provided to the Vendor when sending the order form. It is understood that under no circumstances the Vendor may be held liable for any damage or delay that relates to or is due to the inaccuracy of the personal data provided to the Vendor.
4.3 Each Order submitted is an offer to purchase Products from the Vendor. The Orders are subject to the availability and acceptance of the Vendor and the Vendor may refuse to accept an Order and chose not to process the same in the following cases:
- Orders which do not offer sufficient guarantees for the payment or which are incorrect or not complete;
- the Products ordered are no longer available;
- there is an error on the Site relating to the Products ordered by the Client, for example an error in relation to the price or the description of Products as displayed on the Site.
Under the above circumstances, the Vendor will inform the Client by e-mail that no contract has been entered and that the Vendor has not processed the Order explaining the relevant reasons, promptly and in any case within fourteen (14) days of the submission of the relevant Order to the Vendor.
4.4 With the submission of the order form, the Client unconditionally agrees and undertakes to observe these Terms and Conditions of Sale in his/her dealings with the Vendor. Therefore, before submitting the order form, the Client must carefully read these Terms and Conditions of Sale. In any case, before finalizing the on line procedure and submitting the order form, the Client will be invited to review and accept these Terms and Conditions of Sale. Should the Client not agree with one or more terms of these Terms and Conditions of Sale, he/she shall avoid purchasing Products on the Site.
4.5 The order form contains a summary of the main characteristics of each Product ordered. In particular, it displays the corresponding unit price (including applicable fee and taxes), the type of payment available, the shipping terms for delivering the Products ordered and the relevant shipping costs (including any additional costs incurred by the Client for selecting a kind of shipping or delivery different and/or faster than the standard).
4.6 Upon the submission of the order form, the Client will be advised that the placement of the Order implies an undertaking to pay. Before confirming the Order, the Client may identify and correct any input errors by clicking the edit button.
4.7 The order form will be filed in the database of the Vendor at least for the time required for processing the orders and, in any case, in compliance with the terms set forth by the applicable law.
4.8 After the submission via Internet of the order form, the Vendor will send to the Client, at the e-mail address indicated in the order form, a receipt e-mail confirming that the Order has been received and it is in phase of elaboration as well as a summary of the relevant information (the products main characteristics, detailed information on the price, terms of payment, shipping costs and applicable taxes) (the “Order Receipt”). Please note that the Order Receipt does not constitute acceptance of the Order. The Order will be accepted by the Vendor only at the time of Products actual dispatch and sending of the Order Confirmation by the Vendor. If the Client does not receive the Order Receipt within 48hours of placing the Order, the same shall contact the Customer Service at email@example.com before re-submitting the same order.
4.9 Thereafter and at the time of the Products actual dispatch, the Vendor will send to the Client by e-mail the Order Confirmation. The Contract will be executed with the Order Confirmation.
4.10 For any issue, comment or doubt in relation to an Order or if the Client considers that an Order has been refused by error, the Client may contact the Customer Service at the addresses provided under article 10 below.
5. Price indication and payment terms
5.1 The prices of the Products are displayed on the Site and are subject to changes and updating. The Client shall check the final price of sale on the checkout page of the Order before submitting the relevant order form.
5.2 The prices of Products are inclusive of VAT. The prices of Products are not inclusive of the shipping costs, which may vary depending on the type of delivery, the quantity of Products to be delivered and the relevant volume, weight and destination. The contribution requested by the Vendor for the shipment will be indicated, separately from the price, before the order form is sent by the Client and shall be paid by the Client together with the price.
5.3 The payment shall be made by the Client solely through one of the payment methods available in the order form.
5.4 In case of payment by credit card, the Products ordered will only be sent after the Client credit card data have been verified and only after having received the charging authorization of the credit from the acquirer bank, it being understood that the relevant sum will be charged only upon the dispatch of the Products.
5.5 If, for whatever reason, the charge of the sum due by the Client is not made, the sale procedure will be automatically terminated and the sale will be automatically cancelled.
6. Shipment and delivery
6.1 The Products purchased will be delivered at the shipping address indicated by the Client in the order form by a courier selected by Ingenio Solutions and during the normal working hours. At the delivery, it will be required the Client signature (or the signature of his or her designee). No shipment can be made to a P.O. box.
6.2 Shipping costs shall be borne by the Client and are displayed separately in the relevant order form.
6.3 The terms of delivery shown in the delivery options shall be intended as the terms usually necessary to dispatch the Products. Deliveries shall be made, in any case, within 14 days of the date of the Order Confirmation.
7. Products and warranties
7.1 On the Site all products displayed are branded SilverPro. The Products catalogue may be updated from time to time by the Vendor who, therefore, does not guarantee that some products will remain available on line.
7.2 Products displayed on the Site may be subject to stock limit and the Vendor does not guarantee that they will always be available. The Vendor disclaims any liability in relation to the availability of all size/version for any item included in the catalogue. In the event of temporary unavailability of Products already ordered, the Vendor will promptly inform the Client by mail. If the Product is eventually not available, no amount will be deducted from the Client credit card and, if the purchase amount has already been charged, a refund to the Client will be issued within 14 days.
7.3 The main qualities of the Products are displayed on the Site in the relevant file. Pictures of Products are provided purely to illustrate the Products. In particular, pictures and colors of Products on the Site may not correspond to reality because of the Internet browser or the monitor used by the Client. The Vendor, therefore, will not be responsible for any inaccuracy or inadequate graphic representation of the Products displayed on the Site.
7.4 The Vendor shall deliver the Products in conformity with the Contract. In case of lack of conformity (for example, faulty products or products different from those ordered), the Client will be entitled to have the Product brought into conformity by repair or replacement (the Client may chose to obtain the repair or replacement of the Product pursuant to the provision of law), free of charge, or, should such remedies fail, may obtain an appropriate reduction of the price of the Products or the termination of the contract. The Client looses the said right if he/she does not notify Ingenio Solutions of the lack of conformity by no later than 5 days after the date he/she has discovered it. Should the Client request the repair or replacement of a Product due to a lack of conformity of the same, costs of delivery to Ingenio Solutions of the Product to be repaired or replaced, as well as any cost of delivery to the Client of the Product repaired or replaced, shall be covered by Ingenio Solutions.
8. Right of withdrawal
8.1 The Client has the right to withdraw from the Contract in compliance with the below provisions.
8.2 The Client shall exercise his/her right to withdraw from the Contract within 5 days from the date of receipt of the Products by sending an email to the Vendor at firstname.lastname@example.org or by using the form available on line at this link. The right of withdrawal, expires after 14 days starting from the day on which the Client has received the Products.
8.3 The relevant Products shall be returned by the Client to the Vendor within 7 days starting from the day on which the Client has notified the Vendor of his/her intention to withdraw from the Contract. The Client shall ship the products to Ingenio Solutions Ruggeri, Chemin de la Rillette, CH-1195 Dully.
8.4 Provided the compliance with the provisions and terms herein, the Vendor will refund to the Client the full price of the Product, within 14 days from receipt of the products sent by the Client. The Client, however, will be responsible for the cost of returning the Products to the Vendor. Returns are refunded in the original payment form used by the Client, minus any shipping and handling that may have been charged.
8.5 The right of withdrawal set out in this section does not apply to products used, even partially, or washed by the Client following delivery.
8.6 If the Client has exercised his/her right of withdrawal, the Products shall be returned in perfect conditions, new and unused, in the original packaging and with all labels. If the Client has exercised his/her right of withdrawal, the Vendor may in any case refuse the refund the price of the Products, if the Products are missing any of their labels, tag or the original packaging, or if the Products have been modified in their essential characteristics or qualities or have been damaged.
9. Return and refund for non conformity of products
9.1 In case of lack of conformity of the Product delivered to the Client and purchased on the Site, the Client will have the right, without any additional costs, to ask for the repair or replacement of the Products, provided that it is possible based on the availability of the Products and that the repair or replacement is not too burdensome for the Vendor. Alternatively, the Client may terminate the Contract or have the price reduced.
9.2 In any case, the Client shall notify Ingenio Solutions of any non-conformity of the Products purchased on the Site within the terms indicated under article 7.4 above; otherwise the same will lose the legal warranties. Ingenio Solutions reserves the right to check the Products returned to verify the existence of the defect or non-conformity and may return the Products to the Client in the event that it has verified that no defect or non-conformity exists.
10. Customer service – Contacts
10.1 In case of complaints or need of information or assistance in relation to the Site or the purchase process, the Client may send an e-mail at the following address email@example.com or by using the form available on line at this link.
12. Governing Law and jurisdiction
12.1 These Terms of Sale are governed by, and construed in accordance with, the Swiss Law and is applicable to any Contract concluded between the Client and Ingenio Solutions.
12.2 Any dispute arising from or connected with these Terms of Sale and any Contract concluded between the Client and Ingenio Solutions, provided that the Client is a consumer, will be subject to the jurisdiction of the ordinary courts of the district of La Côte, canton of Vaud, Switzerland. In the event of a dispute, the parties will nevertheless endeavor to find an amicable settlement.
13. Changes and updates of the terms of sale
13.1 The applicable Terms of Sale are those published on the Site and that the Client shall verify when purchasing the Products.
13.2 Ingenio Solutions reserves the right to modify the Terms of Sale from time to time including taking into consideration any legal updates. Any new version of the Terms of Sale will be effective from the date of publication on the Site.