Shipping, Returns and Customs

SHIPPING

 
In www.ORGONO.eu  and www.SiliciumG5.com free shipping is offered for the entire Spanish peninsula, Canary Islands, Balearic Islands, Ceuta and Melilla and most countries member of the EEC for orders equal or over €40.00.

For orders under this amount an extra charge of 7€ will be applied for post and packaging.

To other countries a fee will be calculated by the website to cover shipping costs depending on weight and destination. Additional fess may be charged by local customs.

DELIVERY ADDRESS 

 
If this is the first time you are placing an order on www.Siliciumg5.com pay special attention in giving us your exact shipping address and, if necessary, write an explanatory note in  "comments" in the case any additional indications are needed for the delivery company such as: entry codes, alternative delivery places, schedules and other useful information.
 
Once checked your order, our warehouse staff will prepare the package ready to be picked up by the transport company the same day.
  
DELIVERY TIME
 
For delivery of your order we use courier companies to guarantee swift delivery. Our staff prepares all orders received before 16:00 the same day ready for collection by one of the courier companies. Deliveries are done between 24 and 72 hours ( 1-3 working days) after the order is placed.

Normaly courier companies do not telephone before or give a specific time for delivery as they rarely know in advance which delivery route will be effectuated.


We don't send by post therefore please do not give a post box address for delivery.


If a package is not delivered due to repeated absences of the receiver, the order will be returned and can only be sent back after re-sending expenses are paid.

  


 

RETURN AND REFUND POLICIES


The product must be in perfect condition and with its original packaging and label, promotional products, and generally all that is affixed to the purchase of said product. The deadline for exercising the right of withdrawal is 30 working days starting from the reception of the product. The expenses incurred and billed for the shipment of the goods as well as those incurred in its collection will not be refunded in case of return for withdrawal. If when buying the product you are offered free shipping, this does not mean that these costs do not occur so they will, therefore, be deducted from the amount owed at the going rate. The withdrawal document must be accompanied by the delivery note.


When will the refund take place?

Refunds are usually paid within 7 days. Some banks and credit card companies can take longer to process the refund. Once the refund is approved, it will be issued within in a few days and refunded in the same account from which the payment was made.

  
If the product arrives damaged, defective or is not what was ordered?

If for any reason the order arrives damaged or is defective:

- Send an email to info@orgono.eu, fax (00 34 977 393 390) or letter (Silicium Spain - PO No. 88 - 43480 Vila-Seca - SPAIN) one or more photos of the product in the state it has been received along with the following information: your full details, your customer number, invoice number.

- The return of the product must be authorized before it is physically sent back.

- There is the option of calling 0034937065122 (Monday to Friday from 9:00-18: 30) to advise of the incident or to receive confirmation of receipt of the email containing the photo of the damaged or defective product.

- You will quickly be notified by email or by phone of the reception of the picture and will proceed to replace the affected product(s) at no extra charge.

  
If for any reason you receive the wrong order:

- Let us know by email or telephone before returning the product. We will proceed as soon as possible to rectify the mistake at no extra charge.

 
When will the refund take place?

The money will be repaid to the same bank card used for the initial transaction. In the case that the purchase was done by bank transfer, it will be repaid into an account where the holder is the same person as that who placed the order. The reimbursement will always be done by the same means as that of the initial transaction.


Returns and partial cancellation of an order will result in partial refund of the total amount paid for the entire order. They are not subject to the right of return those items given free of charge, as gifts, part of an order and requested to be returned solely. Special prices and offers benefited by the buyer during the purchase will be taken into account during the refunding of an order, the proportional part of which can be deducted from the refund.



 
GENERAL CONDITIONS OF SALE
 

  
The use of the services and/or the purchase of products from siliciumG5.com imply the acceptance of the following  conditions:
 
CUSTOMS INFORMATION
 
For shipments outside the EEC, you may need to pay customs fees. These expenses may be claimed by the corresponding transport company, these expenses are independant from shipping costs. Customs and/or import duties must be paid once the package reaches its country of destination. The seller is not responsible for custom duties or any other costs related to the import of the products. We have no control over these fees or tariffs and we can not predict them as customs policies vary widely from country to country. Please contact your local customs office for more information. 
  

GENERAL CONDITIONS OF SALE

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 Conditions of Sale by the CUSTOMER.

Article 2 - Scope and duration

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

2.2. These Conditions shall be considered accepted by the Client from the moment he has placed an order, either through the SILICIUM website or by any other means.

2.3. These General Conditions shall remain in force during the entire period of the commercial relationship between the parties. These conditions may be modified, so it is the responsibility of the Customer to consult them periodically and, above all, when placing an order, since the Conditions in force at that time will be those that are applicable.

2.4. Failure to incorporate the clauses of the general conditions into the order or the declaration of nullity of any of the same will not determine the total ineffectiveness of the contract, which may subsist without the provision declared null and void.

2.5. Any condition proposed by the Client other than the present ones, which was not accepted in writing and expressly by SILICIUM, will lack effectiveness and will not be binding.

2.6. Documents issued by SILICIUM other than these Conditions, such as brochures, catalogues, 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 Clients. These General Conditions of Sale come into force on the date of validation of the order, as defined in article 3.

Article 3 - Orders - Training / modification of the contract

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

3.2. When placing an order, the Customer shall detail as specifically as possible, in addition to the number of units and the place of delivery, the product ordered from SILICIUM as stated in the Catalogues, website, offers or queries.

3.3. When placing the order, the Customer is informed of the price of the product or services ordered and of the shipping and delivery costs, and undertakes, from 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 regarding the possibility of cancellation in the following general conditions.

Article 4 - Prices

4.1 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 in force on the day of receipt of the order. They are determined from our warehouse, are denominated in euros and are calculated without tax. Consequently, they will be increased by the VAT rate and transport costs, if any, on the day of receipt of the order.

4.2 Handling, transport and packaging costs shall be included for any order for which the net amount excluding VAT per order is equal to or greater than a certain amount (variable for each price scale 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 a variable quantity for each price scale in the updated price list. In the case of urgent delivery, the costs will be borne by the recipient.

4.3 Silicium has tariffs called 'reseller tariffs' which enjoy an average 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 make a commercial profit on his sales to end customers. There is a special type of company called a wholesaler or 'wholesale distributor' that purchases products in larger quantities than the resellers mentioned above, usually more than 100 units per reference, in order to be able to offer it to its reseller customers, which are exclusively physical stores for 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 object of these wholesalers is to resell the product to these stores, for the logical reason of having an additional commercial margin that covers the costs of that service they provide and at the same time being able to sell the product to the stores at the prices recommended in the TARIFA 2. This service is summarized in buying wholesale products from manufacturers or laboratories and being able to serve them quickly to stores sometimes in spaces of 24 hours or less. For this purpose, they are offered a tariff with a greater discount than TARIFA 2, and the tariff for these special customers is called TARIFA 3.

4.4 The granting of such tariffs shall be terminated if such wholesale distributors sell part of their products directly to the final customer. Even if they only devote 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, providing them with products with little or no commercial margin, which create a comparative grievance that causes discomfort in the market and prevents normal network activity by considering resellers who suffer the consequences of unfair competition. In that case they will lose the classification of 'CUSTOMER' with 'TARIFA 3' with which it will be possible to withdraw the concession of the TARIFA 3 and/or to cease the supply of the product without having any right to compensation. This clause, far from impeding free competition, is aimed at correctly remunerating the companies that deserve by virtue of their commercial effort. Otherwise, SILICIUM will suffer great economic losses, preventing it from being able to allocate budget for research, development and other investments that are essential for the survival of the company. Even these veiled behaviours on the part of certain companies have led to serious unease and reproaches towards SILICIUM with the consequent loss of credibility, facts which SILICIUM cannot tolerate.

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

Article 5 - Time limit - Terms of payment

5.1 The payment of orders is always made by advance payment, in some cases are granted the following options, previously accepted by SILICIUM: Cash, by check, credit or debit cards, cash on delivery, by bank transfer or by direct debit. At the time of registration of the order, the maximum period and the form of payment granted for payment of the order are defined in the corresponding invoice. Unless otherwise specified, any payment by the customer is attributed to the oldest invoice.

5.2. Invoice amounts are not negotiable or discountable.

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

5.4. In the event of delay or failure to make agreed payments on the part of the Client, the latter shall be obliged to pay SILICIUM, without the need for any prior notice and from the date on which the payment is due, the default interest provided for in Article 7 of Law 3/2004, of 29 December. The payment of these interests will not release the Client from the obligation to make the rest of the payments under the agreed conditions. Likewise, when the Client is in default, he will be obliged to pay SILICIUM the compensation for collection costs foreseen in article 8 of the same Law.

5.5. SILICIUM reserves the right to cancel any credit granted in the event of failure to meet payment deadlines or doubts about the Customer's solvency, demanding 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 the specific offers appearing in the price lists. Discounts will not be granted in case of advance payment.

Article 7 - Delay in payment

In the event of total or partial delay in payment on the due date, SILICIUM will be charged a delay charge 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 amount pending payment, and is applied from the due date of the invoice without the need for prior notice.

Article 8 - Reservation of title clause

SILICIUM retains ownership of the delivered products until full payment of the price, plus interest and charges, even if a payment term is granted. Any clause contrary to this shall be deemed 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 these 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 claim the goods delivered, the return costs remaining to be borne by the buyer and payments made which are acquired by SILICIUM under penalty clause.

Article 9 - Delivery - Performance

Unless otherwise agreed, the output of the product is deemed to be from our warehouses (EXWORKS). The delivery time indicated at the time of registration of the order is merely informative and is not guaranteed in any way. Consequently, any delay in making the products available will not give rise to a claim by the customer:

1. the award of damages or other sanctions.

2. allocation of penalties.

3. cancellation of the order.

It is the customer's responsibility to check the delivered goods as soon as they are delivered. In the event that the goods are missing, damaged or apparently non-conforming, the customer must make all relevant comments on the delivery note at the time of receipt of such goods and provide photographs. These mentions 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 reserving the right to make, directly or indirectly, any observation and verification in situ. 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 48 hours, SILICIUM reserves the right to suspend any current and/or future delivery. In the event that a customer places an order with SILICIUM, without having paid for the previous orders, SILICIUM may refuse to serve the order and deliver the goods in question, without the customer having any right to compensation, for whatever reason

Article 10 - Passing of risk

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

Article 11 - Force majeure

SILICIUM will not be responsible if the non-fulfilment or delay in the fulfillment of any of the obligations described in the present general conditions of sale is due to a case of force majeure. Force majeure means any foreign, foreseeable or unforeseeable cause of an irresistible nature or whose effects substantially alter the economic equilibrium of the sale to SILICIUM. Strikes, lockouts, fires, floods, riots, wars, fuel shortages, energy, transport, materials, products necessary for the manufacture of SILICIUM are considered force majeure, even if they are partial and whatever their cause.

Article 12 - Industrial and intellectual property

The designations "SILICIUM", "Loïc Le Ribault" "G7", "G5", "SILIPLANT", "ORGONO", as well as all registered 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 packaging, whether registered or not, are and remain the exclusive property of SILICIUM. It is strictly forbidden to reproduce, modify or use all or part of these trademarks, illustrations, images and logos, for any reason and in any medium, without the express prior consent of SILICIUM. The same applies to any combination or conjunction with any other brand, 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 to 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 the industrial or intellectual property rights of SILICIUM and undertakes not to disclose them to third parties without the express consent of SILICIUM, nor to reproduce them in any medium, even if no purchase has yet been made.

Article 13 - Guarantees

SILICIUM has contracted a civil liability insurance depending on the destination of the products.

Article 14 - Limitation of liability

Unless a judge or authority orders otherwise, SILICIUM shall not be liable for damages of any kind resulting directly or indirectly from the use or 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 occurring; nor is it liable for any commercial loss; in no case shall SILICIUM's contractual liability, to the extent that it may derive from these general conditions of sale, exceed the amount of the amounts paid or payable 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 conditions 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 name, identification number, location data, online identifier, or one or more elements specific to 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 on the User in connection with the sale of SILICIUM products subject to these General Conditions of Sale. User information may include personal data.

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

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

15.1 Compliance with regulations.

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 products shall be subject to these General 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 comply with 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 Member(s) in the performance of its obligations under this sale unless such Member(s) comply with Personal Data obligations at least equivalent to those contained in this Article 15.

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

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

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

15.3 Silicium will ensure that incorrect, false, untrue, exaggerated or even incomplete statements are not made, carrying out a weekly study of all the websites that offer their products for sale and controlling what is exposed in them regarding texts, videos and images. In the event of detecting irregularities, Silicium may demand the immediate rectification of said elements in order not to exercise unfair competition.

15.4 The images, texts and graphic or multimedia compositions that appear in catalogues and web pages must be provided by Silicium obligatorily except with the express authorization of the company so that they correspond to the image that the company wants to give, in accordance with its seriousness and prestige recognized throughout the years. In the event of non-compliance with this clause after appropriate warnings, SILICIUM may cease to supply the products definitively without any obligation to compensate or indemnify the company.

15.5 All the clients with tariff 2 or 3 must obligatorily by law to have sanitary registry of storage of food complementary products, or similar or equivalent sanitary registries depending on the requirements of each autonomous community. They must also have a commercial activity license that accredits the use of a premises, warehouse or office for the exercise of a specific commercial activity in a correct manner and in compliance with the regulations. These authorisations must be made available to SILICIUM if required by the latter, in order to guarantee 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 these licences are not provided in due time and form, SILICIUM may interrupt the supply of the product to this establishment or its supplier (if the latter, once informed of the problem, does not stop supplying it), or if it does not take rapid and effective action to solve this problem without any obligation to compensate or indemnify the customer.

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

Online shops or web pages or web platforms that do not provide legal and obligatory information about the natural or legal person who offers the products for sale to the final customer or who is not correctly identified, so that in the event of a fraudulent transaction or other similar situation that stains the image of the product and SILICIUM.

They do not offer or provide real and truthful information about their fiscal data or about 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.

  1. Selling products without any commercial margin or at a loss without informing Silicium of this unusual event. This situation leads to the release of the product to the market at prices very different from the recommended prices, which creates insecurity about the quality of the product, sometimes aimed at groups that must be protected.

15.7 In order to prevent the product from being marketed through dubious, fraudulent, illegal or unlicensed entities, companies or persons, SILICIUM reserves the right to stop supplying such establishments or companies or their suppliers, who do not provide the documentation requested by the company in order to comply with the Health and Finance regulations and the various rules and regulations in force. The distributors are obliged to collaborate in order to rectify and solve these problems.

15.8 The clients of SILICIUM who are distributors will be obliged to provide the data of the resellers who sell SILICIUM products, as required by SILICIUM, in case of indications of malpractice or the circumstances mentioned above.

Article 16 - Assignment of Jurisdiction, Jurisdiction.

Any controversy 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 be applicable.

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, done at Vienna on 11 April 1980.