Terms and Conditions

  1. The present order constitutes, by the terms of art.1329 C.C. (Italian Civil Code), an irrevocable proposal, to which the proposer is bound for 240 days (two hundred and forty).
  2. The present contract, with value of proposal, is brought to perfection in the moment the vendor transmits a confirmation of order within the limits of the latter.
  3. SILKY SRL however with holds the right according to its commercial requirements, to unilaterally withdraw from the contract so perfected by the terms of art.133 C.C. without any debit whatsoever even if in the withdrawal occurs during supply. SILKY SRL always and in any case holds the right to suspend the fulfillment of the contract or to withdraw from it, if should, according to its unquestionable judgment, fail or diminish the guarantees of solvency of the purchaser and/or in case of non performances regarding precedent supplies.
  4. The execution of the present order is subordinated to the clause subject to sale, impediment by force majeure, precedent impediment or impediment occurred during supply on the part of the purchaser. Any contestation or complaint relative to the fulfillment of the contract and to alleged falws in supply will have to be submitted within the peremptory deadline of 15 (fifteen) days from receipt of goods.
  5. Return of goods will be accepted only with prior express authorization in writing by SILKY SRL, inspection excepted. Transportation expenses relative to returned or substituted goods are at purchaser charge.
  6. Delivery is considered performed upon delivery of goods to the carrier.
  7. If the purchaser withdraw from the undertaken obligations, even by written notice, or refuses to receive the ordered goods, SILKY SRL has the right to receive the payment as penalty and by the terms of art. 1382 C.C. of a sum equal to 40% (forty percent) of the price of the goods ordered, subject to the compensation for further damage and the right to take legal proceedings for the integral fulfillment of the contract.
  8. SILKY SRL will not be held responsible for any damage or variation of the company’s goods occasioned by the purchaser.
  9. Supplies and services must be paid for, in accordance with the terms and conditions set torth contractually and specified in the invoice. Starting from the day after expiration, the debtor will be obligated to pay interest and the ECB rate, plus seven percentage point, with no need of advice of having been placed by default, in accordance with law decree No. 231 of 09.10.02, in addition to the cost sustained to recover the amount due and any greater damage, additionally, any discounts granted on the invoice will be debited again to the debtor’s account.
  10. The purchaser will not forward any objection without having settled the corresponding invoices. Any action or objection put forward by the purchaser must be preceded by notice of placement in default to be sent through registered mail. The seller must be granted a deadline of at least 30 (thirty) days to repair the allege non fulfillment.
  11. The retailer is concerned with sale of article supplied by SILKY SRL in the sales outlets indicated here to and shall not sell either directly or indirectly in any other Country, location, area or market, or through any other channel or resale agent if not on prior and explicit authorization by the seller in writing. In case of breach of the above mentioned obligation, the buyer shall be liable to pay SILKY SRL a penalty of Euro 25.000,00 (twentyfivethousand) further to any possible greater damage.
  12. Payments however agreed must be carried out at our offices. The issuing of drafts, bills of exchange or any other form of payment by the purchaser does not involve novation of the contract nor of any of its clauses and must be considered only as to facilitate the definition of the business dealing.
  13. Exclusivity rights will be acknowledged only if confirmed in writing directly by the company.
  14. Any controversy regarding this contract falls within the cognisance of the Genoa law-court. Payment by draft, promissory note or any other means of payment does not constitute derogation to the Genoa law-court.
  15. Any reassortment or supplementary order are considered subject to these same general terms of sale.
  16. Considering the nature of the goods, the seller is not obliged to send any information on the material or sketches of patterns and Customer, taken this into account, accepts this binding condition and agrees, with the signature, not to forward any objection to this regard..
  17. Any use of the brands produced and/or marketed by SIKLY SRL (either of its property or under license) for advertising, promotion, public relations or sign purposes may be undertaken exclusively on prior receipt or written authorization by the same, and in categorical respect of the commercial brand, as it appears on the product themselves. Any application or use or improper or incomplete denomination is expressly forbidden. Any unauthorized use shall result in legal action being taken by SILKY SRL to cause such improper use with any cost at customer charge.
  18. The buyer is forbidden to reproduce any of the product’s models. The buyer is obliged to present the products and their packaging to the consumer without altering any of their characteristics, and is expressly forbidden to apply any form of lining or accessory in other material to the products.
  19. The buyer is forbidden to sell the Products at liquidation prices if not in proportion to and within the seasonal limits of the sector.
  20. For the above mentioned rules please refer to the Italian law.

Customer declares that specifically approves the clauses pursuant to Articles 1341 and 1342 of the Italian Civil Code, according to the point above listed.