Terms and Conditions of Sale

These Terms and Conditions govern the sale of products on the Website www.sitap.it and regulate its use.

SITAP reserves the right to periodically modify these Terms and Conditions of Sale and the Privacy Policy, for example following legislative or regulatory changes or updates to Website functionalities. Such changes will be communicated to Users via the Website through a specific notice, lasting 10 (ten) days from the date of the amendment.

The online sale of products on the Website is governed by the provisions of the Consumer Code (Italian Legislative Decree no. 206/2005) and the Electronic Commerce Code (Italian Legislative Decree no. 70/2003), except for Services offered via the Website addressed to companies and professionals in the sector.

Below are the Terms and Conditions of Sale applicable to any Product sold on the Website.



ART. 1 – DEFINITIONS

For the purposes of this contract, the following definitions apply:

Seller: SITAP S.r.l., VAT no. 01113920332, with registered office at 29010 - Pontenure (Piacenza), Via Giulio Natta no. 37; telephone no. +390523519044, ordinary email: assistenza@sitap.it, certified email (PEC): sitap@pec-legal.it.

Terms and Conditions or Contract: all the present contractual clauses defining and regulating the relationship between the Seller and the Customer.

Platform or Website: www.sitap.it

Users: any person accessing and browsing the Website.

Customer: Consumers and Professionals purchasing Products from the SITAP e-commerce platform.

Consumer: a natural person acting for purposes unrelated to their professional or entrepreneurial activity.

Professional: a natural or legal person acting in the exercise of their entrepreneurial or commercial activity and purchasing with a VAT number.

Reseller: the legal entity or business that, as part of its commercial activity, purchases Products from SITAP via www.sitap.it to resell them to the public.

Product: all rugs available for purchase on the e-commerce platform, as well as any other type of item designed, manufactured, packaged, and/or marketed by SITAP.

Custom Rugs: all rugs expressly indicated on the e-commerce platform that can be purchased by the meter.

Purchase Order or Order: the purchase proposal submitted by the User through the procedures on the Website and, specifically, via the Cart.

Purchase: the paid purchase of the aforementioned products as of the date of the transaction’s completion.

Cart: the phase of the purchase procedure where the User formulates their purchase proposal, selecting payment methods, delivery options, and similar details.

Order Confirmation: the summary of the Order sent by email to the Customer.

My Account / Personal Area: the page/space for the Customer registered on www.sitap.it.

Contract: the distance sales contract concluded.

General Conditions: these general e-commerce terms and conditions of sale.

Maintenance: the document containing the instructions for the proper washing and maintenance of the Products.

ART. 2 – SUBJECT MATTER

These Terms and Conditions of Sale concern the products referred to in the following Art. 3 and are valid between SITAP and any User purchasing as a Consumer, pursuant to applicable regulations, or as a Professional. Should any provision be deemed null or invalid, such nullity or invalidity shall not extend to the remaining clauses of these Terms and Conditions.

ART. 3 – DESCRIPTION OF PRODUCTS

The Website retails, within the framework of Electronic Commerce, mainly rugs, including custom rugs sold by the meter, as well as any other items designed, manufactured, packaged, and/or marketed by SITAP. All products offered are described and illustrated on the Website in their respective sections. The images of Products on the Website are for demonstration and illustrative purposes and are represented as accurately as possible. However, some errors, inaccuracies, or slight differences may appear between the graphic/photographic representation of the Product and the actual Product. Therefore, the photographs of the Products presented on the Website do not constitute a contractual element, as they merely and symbolically represent the Product sold. Due to this particular sales method, the User is advised that any discrepancies between the representations of the Products on the Website and the Products actually delivered can only be contested if significant.

ART. 4 – PRICES AND ADDITIONAL COSTS

The Product prices are displayed in euros and include VAT. Specifically, the cart will detail:

• the Product price;
• any delivery charges, calculated upon Order confirmation.

SITAP undertakes to constantly verify that all prices indicated on the Website are correct, but cannot guarantee the complete absence of errors. Should an error be found in a Product’s price, SITAP will promptly notify the Customer by email and allow them either to purchase the Product at the correct price or to cancel the Order. If the amount indicated by SITAP is higher than the Product price and the Customer has already paid, SITAP will refund the excess amount within 5 (five) working days by bank transfer if the Order is confirmed or refund the total amount if the Order is cancelled. If the price indicated by SITAP is lower and the Customer has already paid the lesser price, to confirm the Order, the Customer must pay the outstanding amount within 5 (five) working days from the notification of the correct price. SITAP is under no obligation to supply the Product at the erroneously indicated lower price. In case of non-payment within this period, the Order will be deemed revoked. Therefore, SITAP will refund the amount already paid within the following 5 (five) working days by bank transfer.

The online store prices may change. In such cases, the prices published at the time of the Order apply. SITAP reserves the right to apply special sales conditions or promotions on Products on its Website, also pursuant to Article 17 bis of the Consumer Code. The terms of promotions will be defined by SITAP through specific written notices published on the Website. In the event of a computer, manual, technical, or any other error resulting in a substantial and unforeseen change in the public sale price, making it excessive or clearly derisory, the purchase Order will be deemed invalid and cancelled, and any amounts paid by the Customer will be refunded within 14 days of cancellation, subject to notification to the Customer.

SITAP reserves the right to verify and assess the accuracy and good faith of the Customer, especially in the case of promotions or discount coupon use. Should the Customer’s conduct be deemed improper or unlawful, SITAP will promptly notify the Customer and cancel the purchase Order.

ART. 5 – REGISTRATION AND ACCOUNT CREATION

In order to make purchases on the Website, the User may register by providing their personal data.

The User wishing to register on the Website must provide all requested information and is responsible for its accuracy and truthfulness.

When registering, by entering their data, the User guarantees that:

• they are of legal age and have legal capacity;
• they possess the requirements for registration as requested at the time of signing up;
• they will comply with all applicable laws and contractual provisions;
• they are the rightful owner of the provided data, which must be true, accurate, and updated.

Registration coincides with the creation of an account. During registration, the User will be asked to enter their email and password, as well as to indicate whether they are a private individual or a VAT-registered entity. By accessing the personal area, the Customer can modify their personal information, manage billing and shipping addresses, view order history, add Products to the Favorites section, manage returns, and set personal data processing preferences. Within the personal area, the Customer may choose the option for permanent deletion of their account.

The email address provided during registration allows SITAP to notify the User of all messages relating to Services, Products, and the Website in general. The use of temporary emails for registration is prohibited. In cases of abuse, SITAP reserves the right to refuse registration, revoke it, and report the matter to the competent authorities.

All transmitted data will be processed in full compliance with privacy regulations. SITAP will use such data to fulfill orders and, only if explicit consent has been given, to provide information about initiatives such as news or promotional discounts.

ART. 6 – PURCHASE PROCEDURE AND CONCLUSION OF SALE

The User may purchase all Products offered on the Website, as described in the relevant information sheets (including available dimensions, description of characteristics, composition, technical data, and any stock availability), by following the purchase procedures provided on the Website.

For Custom Rugs and Limited Editions, the Customer can view a preview, description, and price per meter. These purchases do not occur via e-commerce. The Customer must contact SITAP by email or telephone.

For Products not available online, the Customer may request information regarding future availability by filling in the relevant form with the required fields (name, surname, email, subject, message) marked with an *. The Customer will receive a reply to the email address provided in the form. When purchasing Products, the Customer must follow all instructions on the designated Website page. At the end of this process, the Customer will see a summary window of the Products in the Cart, the total price, shipping costs, and the final price. Within the Cart, the Customer can review all the selected Products. The Customer may deselect Products or change the quantities. To proceed with the Order, the Customer must complete the purchase and choose whether to checkout as a guest or to register and create a personal profile.

If the Customer chooses to checkout as a guest, they must enter the required information by filling in the form in the Cart and subsequent forms. If the Customer wishes to register, they must provide the required information to create a profile in the personal area. A Customer who has already registered can log into their profile by entering their email and password in the Cart form. If the Customer wishes to receive the Products at a different address than the one registered, they can add a new address.

If the Customer, when applicable, has selected bank transfer as a payment method, SITAP will reserve the purchased Products for 7 (seven) days while awaiting payment receipt. SITAP will send the Customer an email with the bank details and the Order number to include in the payment description. The Order will be processed upon receipt of payment. If payment is not received within 7 (seven) days, the Order will be deemed canceled. Acceptance of the Order will be confirmed by SITAP via email to the Customer. SITAP reserves the right to evaluate the acceptance of Orders and may refuse or not process Orders that are incomplete, incorrect, involve unavailable Products, or require delivery to remote areas.

SITAP will inform the Customer as soon as possible if it is unable to accept the Order and will refund any amounts already paid. No right to compensation or indemnity, nor any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, shall arise from SITAP’s partial or total non-acceptance of an Order.

The applicable Terms and Conditions are those in force at the time of the Order and available on the Website. The contract between SITAP and the Customer is deemed concluded upon SITAP’s acceptance of the Order. These General Conditions remain available to the Customer: they may be saved or copied. Additionally, when the Order Confirmation is sent by email, the General Conditions are either attached or made accessible via a link.

ART. 7 – PAYMENT METHODS

The payment methods available on the Website are:

1. Bank Transfer

This method is only available for Orders placed via email. The Order is considered complete when SITAP receives the funds in its bank account, which must occur within 5 working days from execution. If this deadline is exceeded, the Order will be automatically canceled. Shipment will occur only upon receipt of payment.

The bank transfer must include the reason for payment, the Customer’s name and surname, and the Order number. The operation must be carried out using the bank details sent by SITAP via email.

1. Stripe

The Customer can pay their Order via the Stripe platform, which allows payment by prepaid or credit card in the Visa or Mastercard network.

1. PayPal

If the Customer chooses PayPal, during payment their browser will be redirected to a secure SSL-encrypted page where they enter their username and password or create an account easily. PayPal protects the purchaser’s information as no financial details are shared. A confirmation email is sent for every transaction. The Order amount is charged to the Customer’s PayPal account when the Order is acquired. If canceled, the amount will be refunded to the PayPal account.

1. Credit Card

If the Customer chooses to pay by credit card, the amount is charged directly to the card (Visa, Visa Electron, Mastercard) or prepaid card (PostePay, PayPal, etc.). The Customer’s information is kept confidential, and no financial data is stored. A confirmation email is sent for every transaction. If canceled, the amount is refunded to the Customer’s account. The Customer acknowledges that SITAP will not be liable for any delay or failure in delivery if the card issuer refuses or fails to authorize the charge for any reason.

ART. 8 – SHIPPING TIMES AND PRODUCT DELIVERY

All Orders are processed and delivered on working days (Monday–Friday, excluding holidays). Orders placed on Saturday and Sunday will not be processed until the following Monday. SITAP undertakes to deliver the Products to the shipping address indicated in the Order within the time specified during purchase. SITAP will email the Customer to confirm shipment. The Customer receives a tracking link via email. Any delay in delivery is solely attributable to the carrier. Delays do not entitle the Customer to cancel the Order. The Customer cannot refuse delivery. Any storage costs or returns will be charged to the Customer.

SITAP is not responsible for unforeseeable delays. Barring force majeure, Products will be delivered within 30 (thirty) days from the day after the Order is placed, unless SITAP notifies the Customer of temporary unavailability within that time. In such cases, any amounts paid will be refunded within 14 days. SITAP uses specialized carriers to deliver Products with standard service from Monday to Friday, excluding holidays. Products shipped in Italy are typically delivered within 3–5 working days, or within 7–10 working days in remote areas and islands. Products shipped within the EU are typically delivered within 7–10 working days from dispatch. These delivery times are indicative and not essential terms. Any variations will be communicated promptly via email.

No compensation may be claimed from SITAP for damages due to delays, interruptions, or suspension of deliveries beyond SITAP’s control, including work stoppages, labor disputes, supplier delays, energy shortages, and transportation suspensions. Upon delivery, the Customer acknowledges that they or a delegate must be present, releasing SITAP from liability.

Upon delivery, the Customer must check that the number of packages matches the transport document and that the packaging is intact. The Customer must remove the packaging without using blades or sharp objects that could damage the Products. SITAP is not liable for damage caused by improper unpacking.

If the Customer receives a damaged or incorrect Product, they must fill in the return form on the Website or email assistenza@sitap.it with photos of the damaged packaging and goods to prove damage. SITAP will arrange collection and verification and, if the claim is accepted, will send a replacement Product. SITAP reserves the right to examine Products subject to claims. If examination is necessary, SITAP will notify the Customer by email authorizing return. The Customer must prepare the Product for collection in its original packaging with all parts and transport documents. SITAP will contact the Customer to communicate the replacement time. Without SITAP’s written authorization, the Customer may not return Products.

If SITAP finds the claim unfounded, the Products will be returned at the Customer’s expense. SITAP will invoice shipping costs and will return the Products after payment. If the claim is accepted, the Customer is entitled to repair or replacement at SITAP’s discretion without costs.

ART. 9 – RIGHT OF WITHDRAWAL

A Customer who has purchased Products as a Consumer has the right to withdraw within 14 days without providing any reason. An exception applies to personalized and/or custom-made rugs, for which the right of withdrawal is always excluded.

The withdrawal period starts from the day on which the Customer or a third party other than the carrier and designated by the Customer acquires physical possession of the Product.

The Customer must inform SITAP of their decision to exercise this right by sending an email or completing the form available on the Website. This must be done before the expiry of the deadline. Upon receipt of the withdrawal request, SITAP will confirm its receipt by email and will indicate the return costs, which are quantified as EUR 15 + VAT and are borne by the Consumer Customer. SITAP will collect the Product from the Customer within (3) working days of the email. The Customer undertakes to make the Product available for collection, which must be returned intact in its original packaging. If the Product shows signs of use, SITAP excludes the Customer’s right of withdrawal and will notify them by email. In such cases, SITAP will issue an invoice for transport costs and, after verifying receipt of payment, will make the Product available for return at SITAP’s registered office.

After receipt of the Product, SITAP will refund the price paid within 10 working days by bank transfer. SITAP reserves the right to retain an amount corresponding to transport costs.

Without prejudice to the above, the Customer is reminded that they are responsible for any reduction in the value of the Products resulting from handling beyond what is necessary to establish their nature, characteristics, and functioning.

The Customer expressly acknowledges and agrees that:

• the right of withdrawal does not apply to Products received more than 15 working days before the request (in such cases, the return will be refused);
• the right of withdrawal cannot be exercised if the Products have been used or partially assembled;
• the right of withdrawal is excluded for Products whose original packaging has been tampered with or damaged by the Customer, or for items custom-made or clearly personalized, or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly, or for handcrafted, finished, polished, and packaged articles commissioned by the Customer;
• the right of withdrawal is excluded for sealed Products that are not suitable for return for hygiene or health protection reasons and have been opened after delivery.

The right of withdrawal is excluded for Professional Customers (purchases made with a VAT number) and in all cases of customized and/or bespoke purchases.

Model Withdrawal Form

To:

SITAP S.r.l., VAT No. 01113920332, registered office at 29010 - Pontenure (Piacenza), Via Giulio Natta no. 37, email: assistenza@sitap.it; certified email (PEC): sitap@pec-legal.it.

With this notice, I/we hereby withdraw from my/our contract of sale for the following goods/services:

_____________________________________________ (insert a description of the goods/services from which you wish to withdraw)

Ordered on: _____________________________________________ (insert date)

Received on: _____________________________________________ (insert date)

Name(s) of consumer(s): _____________________________________________

Address(es) of consumer(s): _____________________________________________

Date: _____________________________________________

(Sign only if this form is notified on paper)

ART. 10 – LEGAL WARRANTY

The Consumer Customer is entitled to a legal warranty of 24 months under Legislative Decree 206/2005 and its amendments. In case of receipt of non-conforming or defective Products, the Customer must notify SITAP by email, including any photos and details. To benefit from the warranty, the purchase documents must be provided.

In case of non-conformity, the Consumer is entitled to:

• the restoration of conformity,
• or a proportional reduction in price,
• or termination of the contract.

For restoration, the Consumer may choose between repair and replacement, provided the chosen remedy is not impossible or excessively costly for SITAP, considering:

• the value of the Product without the defect,
• the extent of the defect,
• the possibility of using the alternative remedy without significant inconvenience to the Consumer.

The Consumer is entitled to a proportional price reduction or termination if:

• the Seller has not repaired or replaced the Product,
• a defect persists despite attempts to restore conformity,
• the defect is serious enough to justify price reduction or termination,
• the Seller has declared, or it is clear from circumstances, that it will not restore conformity within a reasonable time.

The Consumer is not entitled to terminate the contract if the lack of conformity is minor, and it is up to the Seller to prove this.

The Consumer has the right to a reduction in price proportionate to the decrease in value.

In the event of termination, it must be exercised through a declaration to the Seller. If the lack of conformity concerns only some of the goods delivered, the contract may be terminated only in respect of those goods. Upon termination:

• the Consumer must return the goods to the Seller at the Seller’s expense,
• the Seller shall refund the Consumer the price paid upon receipt of the goods or evidence that the Consumer has returned or dispatched them.

SITAP undertakes to replace or repair Products with defects attributable to SITAP, provided such defects have been reported within the terms and in the manner set out in these General Conditions.

The warranty expressly excludes:

• defects resulting from damage caused by using blades or sharp objects to open the packaging,
• defects resulting from improper storage or use,
• defects caused by cleaning with methods/products not compliant with SITAP’s instructions in the Maintenance section,
• defects caused by repairs performed by unauthorized personnel,
• accidental damage.

The color display of Products online may be influenced by the user’s device screen. The Customer must rely on the color described on the Website. Any differences between the displayed color and the actual color do not constitute a defect. Products with measurements within ±5% of those indicated in the Order Confirmation are not considered defective.

If the Customer is a Professional, they are entitled only to the warranty provided by the Italian Civil Code. For defects making Products unsuitable for use or significantly reducing their value, the Customer may request a price reduction or termination, provided the defect is reported within 8 (eight) days of discovery and in any case within 1 (one) year from delivery.

ART. 11 – FORCE MAJEURE

SITAP shall not be liable for any disruption due to force majeure preventing, in whole or in part, the performance of the contract within the agreed timeframe. SITAP shall not be liable to the Customer for any damages, losses, or costs incurred due to failure or delay in execution, with the Customer entitled only to a refund of the price paid.

SITAP is not liable for damages arising from disconnections, interruptions of the Website, or data loss attributable to it.

In the event of force majeure, execution of the Order shall be suspended.

Such suspension may last up to 3 (three) months, after which the Parties may decide whether to proceed or cancel the Order

ART. 12 – INTELLECTUAL AND INDUSTRIAL PROPERTY

The Website (including content and graphics), trademarks, domain name, related subdomains, and all intellectual and industrial property rights are the exclusive property of SITAP, reserved to it, and are not and will not be transferred or licensed to the Customer. Therefore, the User or Customer may not reproduce, duplicate, copy, redistribute, retransmit (even on other websites), transfer, or otherwise make available to third parties or use for any purpose other than storage and/or consultation of the Website and/or its Content, without SITAP’s prior express written consent.

ART. 13 – NON-EXERCISE OF A RIGHT

The non-exercise by SITAP of any right shall not constitute a waiver to act against the Customer or third parties for breach of obligations. SITAP reserves the right to assert its rights in any case within the time limits allowed.

If any provision of these Terms becomes invalid, the Parties shall endeavor amicably to replace it with a valid, effective provision.

If no agreement is reached, if permitted or required by applicable law, the invalid provision will be replaced by the applicable legal provisions.

Notwithstanding the above, the nullity or invalidity of any specific provision shall not render the entire Agreement null, unless such provisions are essential and of such importance that the Parties would not have entered into the Agreement had they known of the invalidity, or if the remaining provisions would entail an excessive and unacceptable burden for one of the Parties.

ART. 14 – PERSONAL DATA PROCESSING (PRIVACY)

Personal data provided or acquired will be processed in accordance with the principles of fairness, lawfulness, transparency, and confidentiality under applicable law. SITAP, as Data Controller, processes Users’ Personal Data with appropriate security measures to prevent unauthorized access, disclosure, modification, or destruction. Processing is carried out using IT and/or telematic tools, organized and logically related to the stated purposes. User data is collected for pre-contractual measures; fulfillment of contractual obligations; registration procedures to purchase Products; handling specific User requests; sending promotional and commercial information, including newsletters with the User’s express consent; and soft spam communications regarding purchased Products without express prior consent, as provided by Article 130, paragraph 4, of the Italian Privacy Code as amended by Legislative Decree 101/2018. The Customer is invited to carefully read the Privacy Policy and Cookie Policy.

ART. 15 – APPLICABLE LAW AND JURISDICTION

These Terms and Conditions are entirely governed by Italian law.

Any dispute arising in relation to the validity, interpretation, execution, or termination of contracts concluded online by the Consumer Customer with SITAP shall be subject to the exclusive jurisdiction of the court of the Consumer’s place of residence (the so-called Consumer Forum).

Any dispute arising in relation to contracts concluded online by Professional Customers with SITAP shall be subject to the exclusive jurisdiction of the Court of Piacenza.

ART. 16 – DISPUTE RESOLUTION

In case of disputes regarding these General Conditions or the sales contract, the Parties agree to seek an amicable settlement within 20 days of the first complaint sent by registered mail or certified email.

According to Article 49, paragraph 1, letter V of Legislative Decree 206/2005 (Consumer Code), the Consumer Customer may use the Joint Conciliation procedure (ADR). Pursuant to Article 14 of Regulation 524/2013, in case of dispute, the Consumer may submit a complaint through the European ODR platform at:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT

For further information, contact SITAP.

ART. 17 – COMMUNICATIONS

For any information, SITAP can be contacted at:

SITAP S.r.l., VAT no. 01113920332, registered office at 29010 - Pontenure (Piacenza), Via Giulio Natta no. 37, telephone +390523519044, email: assistenza@sitap.it, certified email (PEC): sitap@pec-legal.it.

Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the Customer declares to have carefully read and accepted all clauses of these Terms and Conditions of Sale and, in particular, Articles 3, 7, 10, and 16.

Updated September 2023.