Terms and Conditions

Terms and Conditions

Next, we invite you to review the general conditions of sale that regulate the conditions governing the use of this Web Page and the purchase or acquisition of products through the web page https://siliciumg5.com. In this sense, the use of this Web Page constitutes, as far as it is applicable, your acceptance of these general conditions of sale. However, if you have any questions about them, you can contact our Customer Service.

Article 1 - Purpose

The purpose of these General Conditions of Sale is to regulate the contractual relations between SILICIUM ESPAÑA LABORATORIOS S.L., hereinafter SILICIUM and its customers in relation to the sale of products offered for sale by SILICIUM. The term "SALE" refers to any supply of food supplements and cosmetics. The term "CUSTOMER" refers to any natural or legal person who purchases products or services from SILICIUM. The placing of an order implies acceptance of these General Terms and Conditions of Sale by the CUSTOMER.

Article 2 - Scope of application and validity

2.1. All sales and supplies of products and / or services provided by SILICIUM shall be governed by these general conditions of sale (hereinafter the "Conditions"), except for those special conditions that may be agreed with each Client in the relevant offer or acceptance of the order.

2.2. These Conditions shall be deemed accepted by the Customer from the moment he/she has placed an order, either through the SILICIUM website or otherwise.

2.3. These General Conditions shall remain in force during the entire period of the business relationship between the parties. These conditions may be modified so it is the responsibility of the Customer, consult them periodically and, especially when placing an order, as the Conditions in force at that time will be those that apply.

2.4. The non-incorporation to the order of the clauses of the general conditions or the declaration of nullity of any of the same ones will not determine the total ineffectiveness of the contract, being able to subsist this one without the declared null provision.

2.5. Any condition proposed by the Customer other than these, which was not accepted in writing and expressly by SILICIUM, shall be ineffective and not binding.

2.6. The documents issued by SILICIUM other than these Conditions, such as brochures, catalogs, quotations, technical specifications, drawings, etc., are for information purposes only and SILICIUM reserves the right to modify them at any time, without prejudice to the particular conditions agreed with its Customers. These General Terms and Conditions of Sale come into force on the date of validation of the order, as defined in article 3.

Article 3 - Orders - Formation / modification of the contract

3.1. The order may be placed by the Customer by any means made available by SILICIUM, including, but not limited to, e-mail, telephone, the Customer's own purchasing portals, chat, extranet provided to the Customer, store counter, etc.

3.2. The Customer when placing an order must detail as specifically as possible, in addition to the number of units and place of delivery, the product ordered from SILICIUM as stated in the Catalogs, website, offers or consultations.

3.3. When placing the order, the Customer is informed of the price of the product or services ordered and the shipping and delivery costs, committing, upon acceptance of the offer, to receive the products or services purchased and to pay the agreed price, including, where appropriate, delivery costs, without prejudice to what will be said about the possibility of cancellation in the following general condition.

Article 4 - Prices

4.1 The selling price, indicated in euros, of the products offered on the SILICIUM Website shall be the price in force at the time the order is placed. The selling price of the products displayed on the Website may at any time be modified by SILICIUM being the price applied to the purchase that appears on the screen at the time of placing the Order. Unless expressly stated otherwise, the prices shown do not include shipping costs, which will be billed as a supplement to the price of the products purchased. Shipping costs will be indicated before the Buyer registers the Order. Prices shall include Value Added Tax (VAT). Any change in the applicable rate will automatically affect the price of the products sold by SILICIUM on the Website. The price does not include the Tax on Production, Services and Imports (IPSI) which, if any, will have to be paid by the Buyer upon receipt of the order. Taxes or duties for shipments outside the European Community are independent of SILICIUM.

4.2 The current price list is available to the Customer. The period of validity of offers and prices is determined by updating the current price list. The prices of the products sold are those valid on the day of receipt of the order. They are established with destination from our warehouse, are denominated in Euros and are calculated exclusive of taxes.

4.3 Handling, transport and packaging costs shall be included for any order whose net amount excluding VAT per order is equal to or greater than a certain amount (variable for each price range and appearing in the current price list) and only if the shipment is made to a single recipient and at one time. Any order below this amount is automatically increased by an amount variable for each price scale and shown in the current price list. In case of express delivery, the costs will be borne by the addressee.

4.4 Silicium has tariffs called 'reseller tariffs' which enjoy an average of 30% discount on the retail price. These rates apply to all health food stores, pharmacies, herbalists, parapharmacies and the like. This discount is provided so that the reseller in question can obtain its commercial profit on its sales to end customers. This rate is called RATE 2, being called the retail rate RATE 1. There is a special type of companies called wholesalers or 'wholesale distributors' that purchase products in larger quantities than the resellers mentioned above, usually more than 100 units per reference, in order to offer it to their reseller customers, which are exclusively physical stores facing the public, or virtual stores with web pages with or without a physical store. These customers will be offered an additional discount only and exclusively in the case that the purpose of these wholesalers is to resell the product to these stores, for the logical reason of having an additional commercial margin to cover the costs of the service they provide and at the same time be able to sell the product to the stores at the prices recommended in RATE 2. This service is summarized in buying wholesale products from manufacturers or laboratories and being able to deliver them quickly to the stores, sometimes within 24 hours or less. For this purpose, they are offered a rate with a greater discount than RATE 2, and the rate for these special customers is called RATE 3.

4.5 The concession of these tariffs shall be terminated if such wholesale distributors sell part of their products directly to the end customer. Even if they only dedicate a small part of their purchases to resale through websites or other means, direct or indirect, through their own websites or with special agreement with companies that have such websites, supplying them with products with little or no commercial margin, which create a comparative disadvantage that causes discomfort in the market and prevents the normal activity of the network because the resellers consider that they suffer the consequences of unfair competition. In this case they will lose the classification of 'CUSTOMER' with 'TARIFA 3' with which the concession of TARIFA 3 may be withdrawn and/or the supply of the product may cease without them being entitled to any compensation whatsoever. This clause, far from preventing free competition, is aimed at correctly remunerating the companies that they deserve by virtue of their commercial effort. The opposite case means great economic losses for SILICIUM preventing to allocate budget for research, development and other investments essential for the survival of the company. Also these veiled behaviors by certain companies have meant serious discomfort and reproaches to SILICIUM with the consequent loss of credibility, facts that SILICIUM can not consent.

4.6 SILICIUM may at any time modify its conditions and rates without notice. Any modification shall not affect orders already accepted or contracts in force.

Article 5 - Term - Terms of payment

5.1 The following payment methods are offered: bank transfer, credit/debit card, PayPal. In the case of selecting bank transfer, you will be provided by email the details of the account to which the transfer should be made.

5.2. The amounts of the invoices are not subject to negotiation or discount.

5.3. All bank charges arising from non-payment shall be passed on to the Customer.

5.4. In case of delay or breach of the agreed payments by the Customer, the Customer shall be obliged to pay SILICIUM, without any prior notice and from the due date of payment, the default interest provided for in Article 7 of Law 3/2004 of 29 December. The payment of this interest shall not release the Client from the obligation to make the rest of the payments under the agreed conditions. Similarly, when the Client is in default, shall be obliged to pay SILICIUM compensation for collection costs provided for in Article 8 of the same

Act. 5.5. SILICIUM reserves the right to cancel any credit granted in case of non-compliance with payment deadlines or doubts about the solvency of the Customer, requiring immediate payment in advance of any goods ordered by the Customer.

Article 6 - Discounts

6.1 No discount shall be granted unless expressly accepted by SILICIUM or specific offers appearing in the price lists. Discounts are also not granted in case of prepayment.

6.2 REWARDS: All orders placed on the website have a 3% reward that you must validate before placing your next order. These rewards will have an expiry date of one year from the date of your order.

6.3 SPONSORSHIP: By sponsoring a family member or acquaintance, the website will generate €1 reward for each sponsored person and €5 when your sponsored person places the first order.

Article 7 - Late payment

In case of total or partial delay in payment on the due date, SILICIUM will be charged a late payment fee equivalent to three times the Spanish legal interest rate, without prejudice to any claim for compensation for damages caused by such delay. The legal interest rate used is that in force on the day of delivery of the goods. This penalty is calculated on the amount, including all taxes, of the outstanding amount, and is applied from the due date of the invoice without the need for prior notice.

Article 8 - Retention of title clause

SILICIUM retains ownership of the products supplied until full payment of the price, plus interest and costs, even in the event that a payment deadline is granted. Any clause contrary to this shall be considered invalid. Therefore, if the customer is in a situation of suspension of payments or liquidation, SILICIUM reserves the right to claim, within the framework of the collective procedure, the goods sold and not paid for. Upon delivery, the customer is the depositary and custodian of such goods. In the event of non-payment and unless SILICIUM prefers to request full execution of the sale, SILICIUM reserves the right to consider the sale cancelled for non-payment, after 15 days' notice, and to reclaim the goods delivered, the return costs to be borne by the purchaser and the payments made which are acquired by SILICIUM under penalty clause.

Article 9 - Delivery - Performance Unless otherwise agreed, the departure of the product is deemed to take place from our warehouses (EXWORKS). Any delay in making the products available shall not give rise to any claim by the customer:

The award of damages or other penalties.

The assignment of penalties.

The cancellation of the order.

It is the customer's responsibility to check the delivered goods as soon as they are delivered. In the event of missing, damaged or apparently non-conforming goods, the customer must make all relevant comments on the delivery note at the time of receipt of such goods and provide photographs. These comments must also be confirmed in writing within five working days of delivery, by post, fax or email. Otherwise, the customer shall be deemed to have accepted the goods without reservation. The customer must provide justification on the reality of the defects found, SILICIUM reserves the right to make, directly or indirectly, any observation and verification on site. The return of non-conforming products is subject to prior acceptance by SILICIUM. Otherwise, the customer shall be deemed to have accepted the goods without reservation. In the event of total non-payment of an expired invoice, after the 48-hour period has elapsed, SILICIUM reserves the right to suspend any current and/or future deliveries. In the event that a customer places an order with SILICIUM, without having paid for previous orders, SILICIUM may refuse to serve the order and deliver the goods in question, without the customer being entitled to any compensation, for any reason whatsoever.

Article 10 - Transfer of risks

Unless otherwise agreed by the parties, liability for theft, loss, damage or destruction shall pass to the customer upon delivery.

Article 11 - Force majeure

SILICIUM shall not be held liable if the non-performance or delay in the performance of any of the obligations described in these general conditions of sale is due to force majeure. Force majeure means any foreign cause, foreseeable or unforeseeable, irresistible in nature or whose effects substantially alter the economic balance of the sale to SILICIUM. Strikes, lockouts, fires, floods, riots, wars, shortages of fuel, energy, transport, materials, products necessary for the manufacture of SILICIUM are considered as force majeure, even if they are partial and whatever their cause.

Article 12 - Industrial and intellectual property

The names "SILICIUM", "SILICIUM G5", "Loïc Le Ribault" "G7", "G5", "SILIPLANT", "ORGONO", as well as all trademarks, illustrations, images and logos, figurative or otherwise, and in general all other trademarks, illustrations, images and logos appearing on the products, their accessories and their packaging, whether registered or not, are and shall remain the exclusive property of SILICIUM. The reproduction, modification or use of all or part of these trademarks, illustrations, images and logos, for any reason whatsoever and on any medium whatsoever, without the prior express consent of SILICIUM, is strictly prohibited. The same applies to any combination or conjunction with any other trademark, symbol, logo and, in general, any distinctive sign intended to form a composite logo. The same applies to all copyrights, intellectual property, in particular that of Loïc Le Ribault acquired by SILICIUM, designs, models and patents owned by SILICIUM.

All technical documents provided to the customer remain the exclusive property of SILICIUM, the sole owner of the intellectual property rights of these documents, and must be returned to the customer upon request.

The customer undertakes not to make any use of these documents that may infringe SILICIUM's industrial or intellectual property rights and undertakes not to disclose them to third parties without the express consent of SILICIUM, nor to reproduce them on any medium, even if no purchase has yet been made.

Article 13 - Warranties

SILICIUM has taken out civil liability insurance depending on the destination of the products.

Article 14 - Limitation of liability

Unless otherwise ordered by a judge or authority, SILICIUM shall not be liable for damages of any kind resulting directly or indirectly from the use or the impossibility of use of the products, in particular: SILICIUM shall not be liable for the occurrence of any indirect or incidental damage such as, in particular, even if the customer has not been informed of the possibility of such damage or loss; nor shall it be liable for any commercial loss of any kind; In no event shall SILICIUM's contractual liability, insofar as it may arise from these general conditions of sale, exceed the amount of the sums paid or to be paid by the customer for the purchase of the products in question.

Article 15 - Protection of personal data

For the purposes of these General Conditions of Sale, the following terms have the meaning specified below: "Personal Data" means any information relating to an identified or identifiable natural person (hereinafter referred to as "the Data Subject"); "identifiable natural person" means a natural person who can be identified, directly or indirectly, in particular by means of an identifier, such as a name, identification number, location data, online identifier, or one or more specific elements of his physical, physiological, genetic, psychological, economic, cultural or social identity. "User Information" means any information, including the User's contact details and any other data that may be collected by SILICIUM about the User in connection with the sale of SILICIUM products subject to these General Terms and Conditions of Sale. User information may include personal data.

"Partner" refers to any distributor of products offered for sale by SILICIUM that may receive User Information in connection with a sale of SILICIUM products subject to these General Terms and Conditions of Sale. "User" means any user of SILICIUM products who has purchased such products from SILICIUM LABORATORIES to the Customer.

"Personal Data Regulations" refers to Law No. 78-17 of January 6, 1978 on Data Processing, Files and Individual Liberties, as amended, and the General Data Protection Regulation No. 2016/679 of April 27, 2016, applicable as of May 25, 2018.

15.1 Regulatory Compliance. Personal data when processing any personal data contained in the user information provided by SILICIUM to the Customer in connection with the sale of SILICIUM's products shall be subject to these General Terms and Conditions of Sale. In particular, the Customer warrants:

15.1.1 That it will not use the Personal Data contained in the User Information for any purpose other than to fulfill the obligations arising from this sale.

15.1.2 That it will not communicate or transfer the Personal Data contained in the User Information to any Partner(s) in the performance of its obligations under this sale unless such Partner(s) performs Personal Data obligations at least equivalent to those contained in this Article 15.

15.1.3 That, at SILICIUM's request, the Customer will collaborate in the performance of any processing or impact study or consultation with the authorities in relation to the Personal Data contained in the User Information and will cooperate with the competent data protection authorities, in particular in the case of a request for information or an audit.

15.1.4 That it will cooperate with SILICIUM by implementing, as far as possible, appropriate technical and operational measures to respond to requests to exercise the rights of the data subjects provided for in the Personal Data Regulations within a maximum period of forty-eight (48) hours. The customer shall inform SILICIUM of any breach of security of the Personal Data contained in the User Information and shall take all necessary measures to remedy it as soon as possible. The customer will keep SILICIUM informed of the measures implemented.

15.2 In case of damage caused by the customer's processing of the Personal Data contained in the User Information and/or by the customer's failure to comply with any provision of the Personal Data Regulations, the customer is obliged to compensate any person who has suffered material and/or moral damage, unless the customer can prove that he or she did not cause the damage.

15.3 Silicium will ensure that no incorrect, false, untrue, exaggerated or even incomplete statements are made, making a weekly study of all websites that offer their products for sale and controlling what is displayed on them in terms of text, videos and images. In case of detecting irregularities Silicium may require immediate rectification of these elements to avoid unfair competition.

15.4 The images, texts and graphic or multimedia compositions appearing in catalogs and web pages must be provided by Silicium unless expressly authorized by the company to correspond to the image that the company wants to give, according to its seriousness and prestige recognized over the years. In case of breach of this clause after appropriate warnings, SILICIUM may cease supplying the products permanently without any obligation to compensate or indemnify the company.

15.5 All customers with tariff 2 or 3 shall be required by law to have health registration of storage of food supplements products, or similar or equivalent health records depending on the requirements of each autonomous community. They must also have a commercial activity license that accredits the use of premises, warehouse or office for the exercise of a specific commercial activity in a correct manner and in compliance with the regulations. These authorizations must be made available to SILICIUM in case of request by the latter, to ensure the normal development of the commercial activity of the network and the safety of end users, as well as the prestige and reputation of the product manufactured by SILICIUM. If such licenses are not provided in a timely manner, SILICIUM may discontinue supplying the product to that establishment or its supplier (if the latter, once informed of the problem, does not stop supplying it), or if it does not take prompt and effective action to solve the problem without any obligation to compensate or indemnify the customer.

15.6 Silicium reserves the right to interrupt the supply without any compensation to all customers, especially distributors, who resell their products to other stores that do not comply with legal obligations, for example:

Online stores or websites or web platforms that do not provide legal and mandatory information about the natural or legal person who offers the products for sale to the end customer or who is not correctly identified, so that in the event of a fraudulent transaction or other similar situation happens that tarnishes the image of the product and SILICIUM.

Who do not offer or provide real and truthful information about their tax data or their health registration or about the real legal or natural person who is the owner of the website or who tries for some reason to hide his identity.

Selling products without any commercial margin or at a loss without informing Silicium of this unusual fact. This situation results in a product being put on the market at prices very different from the recommended prices, which creates insecurity about the quality of the product, sometimes intended for groups that should be protected.

15.7 To prevent the product is marketed through entities, companies, or persons dubious, fraudulent, illegal or unlicensed, SILICIUM reserves the right to stop supplying to such establishments or companies or their suppliers, which do not provide the documentation requested by the company in order to be adjusted to the rules of Health, Finance and the various rules and regulations in force. Distributors are obliged to cooperate to rectify and solve such problems.

15.8 SILICIUM's customers who are distributors shall be obliged to provide the details of resellers selling SILICIUM's products that SILICIUM may require them to provide in the event of indications of malpractice or the circumstances mentioned above.

Article 16 - Jurisdiction, Jurisdiction.

Any dispute that may arise from the application or interpretation of these Conditions shall be submitted to the jurisdiction of the Courts and Tribunals of the city of Tarragona, expressly waiving any other jurisdiction that may apply.

Article 17 - Applicable Law

Any dispute relating to the interpretation and execution of these general conditions of sale is subject to Spanish law, excluding, in international matters, the United Nations Convention on the International Sale of Goods, made in Vienna on April 11, 1980.

In any case, before using the services or contracting products, the General Conditions shall be consulted.