Conditions and General Sales Terms
1. Aim and application of the General Sales Terms.
The following sales conditions are aimed at regulating the use of this web site and of the online sales procedures on the website www.stockelettrico.com of all the goods sold by Stock Elettrico® S.R.L. (hereby called "Seller”) as specifically indicated at the point 3.
Specifically, the General Terms regulate the formation of the contract and the related content between Stock Elettrico and the Customer.
The Customer must carefully read such general terms which are considered known and accepted as they are: available for the Customer, not only permanently on the website www.stockelettrico.com, and therefore easy to refer to in any moment, even during the registration process, before filling in the order and sent via email in the “order confirmation” (ex art. 13 del D.lgs. 70/2003), in order to guarantee the highest transparency and to give consent to the memorization and the reproduction as for the art. 12 c.3 del D.lgs. 70/2003.
2. Change of terms.
The terms included in the hereby document can be modified by the Seller without previous warning and will be valid from the date of publication on the Web Site www.stockelettrico.com.
The change will be valid only for the future and any sales concluded beforehand will remain subject to the terms and conditions valid at the time of the conclusion of the contract.
In any case the Customer will be made aware id the changes of sales terms before sending an order, as for what is stated at point 1 of this document.
3. Identification of the Seller.
The seller is identified as Stock Elettrico® S.R.L., P.IVA IT02141180519, head office in Piazza Roma, 30 Modena (MO), n. REA MO401889, and lists the following contacts as the quickest ways to be in touch: web site www.stockelettrico.com, e-mail firstname.lastname@example.org
4. Use of the Web site.
By using the website www.stockelettrico.com and/or placing orders through it, the Customer/User accepts to:
a) using the website only to carry out consultations or placing legally valid order
b) not placing fake or fraudulent orders: in cases where the seller has and reasons to believe that such an order has been placed, he will be authorized to not accepting/annulling/ not carrying it out, upon informing the Customer and, if needed, the competent Authorities (see point 10 of these hereby general sales terms);
c) providing his email address, mail address and/or any other contact details which are true and correct.
At the same time, the Customer consents the use, from the Seller’s part, of such information in order to be in touch with the Customer.
In case all the contact details have not been provide or if these are incorrect, the Seller will not be able to legitimately carry out the order.
By placing an order through this website, the Customer declares and guarantees to be over 18 years old and to have the legal capacity to stipulate binding contracts.
5. Information regarding the products.
The information regarding the products are available, with their product codes, on the website www.stockelettrico.com.
We specify that the image which accompanies the product description can be not exactly representative of its characteristics and, therefore, could differ in colour, dimensions and accessories which are present in the picture. What defines exactly a product is the producer’s code.
On the website www.stockelettrico.com we don’t list the quantities of available products but what can be added to the “trolley” is available, otherwise a message with a warning stating the availability will appear.
However, as many users-customers can access the site at the same time and as simultaneous online orders can modify the availability of products, the Seller does not guarantee the certainty of the placing of the ordered goods, however, any issues will be promptly communicated and, in case, for the above-mentioned reasons, some goods are not available, the Seller reserves its right to supply information related to alternative products that the Customer may decide to order. In case the Customer will not want to order alternative products, he will have the right to be reimbursed of any money spent.
6. Prices Vat (Iva) included/Vat (Iva) excluded
The prices of the singles products, in Euros, are visible in the sections related to each good and are to be intended Vat (iva) included if the customer is a private customer or a business which is not enlisted to the VIES, while the are Vat (Iva) excluded if the business is a company enlisted to the VIES and will independently apply the rate according to the law of its own European country.
The Seller will reserve the right to modify the prices in any moment, without previous warning.
The price of the product is, therefore, the one indicated, from time to time, on our website, except from when there’s an obvious mistake. Although the Seller is committed to do its best to ensure that all the prices in the website are correct, there can be mistakes. Where a mistake in the price of a product is discovered, the Customer will be contacted as soon as possible, and he will eb given the option to re-confirm the order at the right price or to cancel it. In case the seller cannot get in touch with the Customer, the order will be cancelled, and the Customer will be reimbursed of the full money paid. In any case, the Seller will not be obliged to supply the product at a lower price wrongly indicated (even when the contract has been confirmed) if the price error is obvious and unambiguous and if it was possible for the Customer to reasonably detect it as wrong.
The Customer, apart from the price of the product bought, will be billed the delivery costs, according to what is stated at point 8 (Delivery of the Goods).
The total cost of the order, including any delivery costs and pay increase due to the means of payment, is detailed in the “Summary” form at the end of the order and will be visible before placing the order itself.
7. Means of payment.
The seller agrees to the following meand of payment for ordered goods, specifying that the delivery times vary according to the chosen means of payment:
a) PayPal: by selecting PayPal as means of payment, at the end of the order you are re-addressed to the PayPal payment page. At the top of the page you can write the email and password linked to the PayPal account.
This means of payment guarantees the highest security in the online transaction and a fast delivery of your order.
b) Credit Card: by selecting Credit Card as means of payment, at the end of the order you will be re-addressed to the Xpay payment page. This means of payment guarantees the highest security in the online transaction and a fast delivery of your order.
c) Bonifico Bancario: by selecting Bank Transfer as means of payment, at the end of the order you will have to pay using the bank details provided. The order is on hold until the bank transfer has been received and will be shipped as soon as the money is arrived in the bank account. There are no extra charges. This means of payment is not ideal for urgent orders. The bank transfer will have to be paid to: StockElettrico s.r.l., Banca Mediolanum, IBAN: IT44N0306234210000001543204,
There are no extra charges for the means of payment indicated at the points a) b) e c).
8. Delivery of the goods.
The deliveries of the goods ordered by the customers are carried out through the Courier chosen by the Seller. All the products added to the shopping trolley are available for quick delivery.
Once you add goods to the trolley, you can check availability in real team, except for what is stated in the last paragraph of the point 5 of the General Conditions.
8.1. Delivery times
The delivery of the order is subject to a correct ordering (which you can check by looking at your “previous orders”), to the receiving of the payment and, in any case, to the confirmation from the seller. Any orders processed before 12:00 am are sent the same day, after that time, the delivery will be done the following working day. The delivery times come from 2 to 5 working days. Once the delivery has left, you will be receiving an email with the tracking code.
For urgent deliveries we suggest a payment through PayPal or Credit Card. For any bank transfer, you need 1 to 3 days in order to confirm the payment. Given that the Seller will do anything in its power to guarantee the delivery within the above mentioned times and according to the means indicated at this point, any lateness due to courier difficulties encountered during the delivery of the goods cannot be blamed on the Seller which, in any case, guarantees the delivery within a maximum period of 30 days from the acceptance of the order.
8.2. Delivery costs
The delivery costs depend upon the European Country of destination.
15,90€ Austria, Belgium, France, Germany, Slovenia
17,90€ Luxembourg, Netherlands, Portugal, Spain
18,90€ Bulgaria, Czech Republic, Hungary, Poland, Romania, Slovakia,Croatia
20,90€ Denmark, Estonia, Finland, Greece, Ireland, Latvia, Lithuania,Sweden
39,90€ Cyprus, Malta
That being stated, it is possible that for some areas (for example small islands), the delivery cost above mentioned might be increased, in such case the Seller will contact the Customer who will be free to accept the above stated increase or to cancel the order.
9. Technical means for a Customer to place an Order.
9.1. Registration Phase.
The registration is necessary in order to buy products from the website www.stockelettrico.com, when the customer registers, he accepts the hereby Sales Terms. You can register as a Private Customer, as a business not enlisted to the VIES or as a business enlisted to the VIES. All private customers and all businesses enlisted to the VIES will see the prices Vat (Iva) included, while all companies not enlisted to the VIES will see prices Vat (Iva) excluded and will have to individually apply the vat charges according to the laws of their own European country.
We would like to remind you that the details added during registration will be used for invoices, therefore the customer must check that they are correct and truthful (see point 4 of the hereby sales terms), that they can be modified by using the section titled “my account”, by selecting “up-date your details”.
9.2. Placing an order
The technical procedure to place an order and, therefore, the formalization of the Customer’s order proposal, includes the following steps:
1) The customer selects the goods that they want to order via the Seller’s website and, once again, is made aware of the legally binding general conditions.
2) Once the product (s) is/are chosen, click “add to the trolley”.
3) "Trolley” page: during this phase the Customer visualizes an estimate of the total costs and cam either; add goods to the trolley (by clicking “continue shopping”) or proceed with the order, by clicking “proceed to buy”, in such case you are directed to the next phase.
5) "Choose your addresses, means of payment” page: during this phase the customer chooses the means of payment and can select the invoice and the delivery address, in case these are different from the ones listed during registration.
6) "Summary” page: the customer visualizes the total cost of its order and can proceed to confirm it by clicking “confirm your order”.
7) The customer will receive a “confirmation of your placed order” email which will include the summary of the order and all the information as for the art. 13 del D.Lgs. 70/2003 and will be able to check the confirmation on the section “orders placed” of its account.
10. Finalizing the Contract.
All the information included in the hereby Conditions and the details included in this website do not constitute an offer to the public, but a simple invitation to write up a contract proposal.
There will not be any contract between the Seller and the Customer in relation to eventual products until the order from the customer is accepted by the Seller according to the means described hereby.
The order placed by the Customer is a contract proposal for a distant sales contract, specifically in this case “online”.
The seller will reserve the faculty to not accept the order if, according to its own unquestionable choice, has reasons to believe that the Customer acts according to a genuine interest to buy the ordered products: in such case, the Customer will be promptly informed – even without adding a reason – within maximum one working day.
The contract between the Seller and the Customer is to be considered finalized if after one working day the Seller has not informed the Customer, by sending an email to the address listed by him, of the non-acceptance of the order. The contract is therefore finalized if, before the end of the one working day above mentioned, the Seller sends the Customer the email confirming the shipment of the goods to the courier.
We exclude any right for the Customer to claim a refund or compensation, or any contractual or extra-contractual responsibility for direct or indirect damages to people and/or things, caused by the non-acceptance, even partial, of an order, except for the reimbursement of the money eventually already paid by the Customer.
11. Annulment or modification of the Proposal from the Customer
The Customer can request the annulment, that is the cancellation of the contractual proposal, or its modification, in case of mistakes, without extra costs, if the Seller hasn’t yet accepted the contractual proposal. Any costs that the Seller has incurred to, if in good faith he had started the preparation and the delivery of the order to the Customer, will have to be compensated by the Customer (art. 1328 c.c.).
12. Obbligations of the Buyer.
It’s strictly forbidden for a buyer to insert non-truthful details during the registration phase needed to activate the procedure to carry out the contract.
Generally, it’s a duty of the Customer to conform its behaviour to the present general sales conditions and to keep a respectul behaviour and act in good faith and in a correct way.
If needed, the Seller informs the Customer that he reserves the right to act extrajudicially and/or judicially to request compensation for potential damages caused by the Customer.
Any expenses incurred by the Seller, whether they are for Transport, Stocking etc, will be charged to the Customer and requested via invoice sent by mail or recorded delivery mail.
Any potential complaint will have to be forwarded to the Seller via email to the address email@example.com with detailed information of the issues found by the customer.
The Customer is warned that, for what concerns returns, the Right to Cancellation and problems/defects of conformity, will have to obey what established in the pertinent points of this General Sales Terms and Conditions.
14. Right of Withdrawals for Private Customers.
14.1 Right of Withdrawal.
If the Customer is dealing as a Private Customer, he will have the right to withdraw from the Contract within 14 days without the need to provide any explanation. The withdrawal period mentioned in the above paragraph ends after 14 days from the day in which the Customer, or a third party, different from the courier and from the designated Customer, acquires the physical possession of the goods or, in the case of multiple goods ordered through a single order and delivered separately, ends after 14 days from the day in which the Customer, or a third party different from the courier and from the designated Customer, acquires the physical possession of the last item.
To exercise the right to withdraw, the Customer must inform the Seller according to the above-mentioned terms, via an email to firstname.lastname@example.org, providing the order number, the detail of the Goods, its decision to withdraw from the contract through a specific declaration and the bank details (Iban) where to send the refund.
14.2 State of the goods to request a refund.
The right to an annulment will be applied only to the goods returned in the same conditions in which the Customer has received them. We will not carry out any refund if the good has been used in any way apart from opening it and for any products which are not in the same conditions in which they have been delivered or if they have been damaged; we invite, therefore, the Customer, to take care of the goods for as long as they are in their property. Please, return the goods in their original packaging or by including in the packaging the original one, the instructions and all other documents which may accompany the goods.
14.3 Consequences of the annulment
The consumer that rescinds the contract will be reimbursed of all the payments made to the Seller, including the delivery costs (excluding the supplements for any delivery choices which differ from the standard less expensive type which we offer), without any lateness and, in any case, not beyond the 14 days from the day in which the Seller will be informed of the decision to rescind the Contract. Such refunds will be carried out through bank payment to the bank coordinates (IBAN) indicated in the request of annulment. In any case the Customer will not sustain any cost as a consequence of such refund. Subject to what is stated above, the refund can be pending until receiving the goods back or until proof, from the Customer, that the goods have been sent, if that’s sooner. The restitution of the goods must be carried out via courier, without lateness and, in any case, within 14 days from the day in which the Customer has communicated his will to rescind. The terms will be respected if the customer returns the goods before the deadline of the 14 days.
The direct costs of the returns will have to be paid by the Customer, unless the return is proved faulty or with a proved conformity defect. The Customer is still however responsible of any decrease in value due to a different handling of the goods from the one needed to establish the nature, the characteristics and the working order of the goods.
14.4 Exclusion from the right to rescind
We inform the Customer that the right to rescind is excluded in the following events:
1) for the supply of goods made-to-measure or clearly personalized (art. 59 c.1 lettera c) del D.lgs. 2005/2006)
2) the supply of goods which, after the delivery, result, for their nature, inseparable from other goods (art. art. 59 c.1 lettera f) del D.lgs. 2005/2006)
In addition to the right of withdrawal recognized by law for any Private Customers, the Seller is committed to abide the following policy for “returns”.
15.1 Return of a wrong/faulty good
In case a Customer receives a wrong or non-working item (that is not due to defects attributable to an incorrect use by the Customer), this has the right to a refund or to a free of charge and simple substitution.
The request must be made via email to email@example.com, by listing the order number and the wrong or non-working items.
The product’s warranty lasts 2 years, in the first 14 days you have the right for a refund, after that you have the right for a substitution or for a remake by the manufacturer.
The request must be made, in order for it to be valid, within 8 days from finding the defect (art. 1495 Codice Civile), or within 2 months from finding the defect in case the customer is a Private customer (art. 132 D.l.g.s 206/2005).
Once the request has been accepted, the Seller will arrange the free collection of the goods from the address listed by the Customer via Courier.
The refund or the substitution will happen as soon as the goods are received and evaluated by the people appointed by the Seller. We would like to remind you that, in case the Customer has chosen a refund, the total amount of the order, including the delivery costs will be reimbursed.
The customer is also informed that, in case the item proves to be, after the Seller’s examination, in working order/ lacking defects and having the promised qualities, the warranty will not be applied and the Customer will have to reimburse the costs the Seller had to incur to.
15.2 Generical return
In the case in which the Customer wants to return an item which is in good working order and which corresponds to what he has ordered, he will have the right to receive a refund for what he has paid for the goods (excluding the delivery costs), by providing, in order for it to be valid within 14 days from receiving the goods, a written communication by email to firstname.lastname@example.org, listing the order number and the goods to be returned. The products returned will have to be as good as new, in the original packaging and without any signs of them being used. The Seller has the tight, however, to not proceed with the generical return procedure, in case the item was personalized/made to measure, in all the cases where the right for an annulment is not applicable or where the exclusion to the withdrawal/annulment right had been clearly specified.
The goods to be returned, except where clearly indicated, will have to be sent, at the Customer’s expense, to one of the Seller’s Italian stockrooms, which will be clearly indicated to the Customer in the reply to its request.
The Customer buying as Private will be guaranteed the conformity of the goods sold as for the law established by the D.Lgs. 2005/2006 and, specifically, under the art.128 and following. The Professional Customer will be subject to the common law, and, specifically, according to art 1470 of the civil rights, especially for what established in art. 1495 and 1497.
In detail, for what concerns a Private Customer, the Seller is committed to delivering products which are compliant with the Contract, by remaining responsible for the lack of conformity discovered at the time of delivery. It is understood that the products are in accordance with the Contract if:
- they are in accordance with the desciption supplied by us and they have the qualities indicated in this website,
- they are suitable for the use for which they are normally used for,
- they show qualities and characteristics which are normal in products of the same type and which we can reasonably expect.
Within the limits provided by the law, the Seller excludes all warranties, except for those which can not be legitimately excluded for the customers and users, or those specifically recognized by the Seller.
17. Responsability and pertinent limitations.
The Customer is made aware and accepts that the Responsibility of Both Parts (Customer and Seller), for what concerns non-compliances with the contract and/or unlawful behaviour during the pre-contract phase is limited exclusively to the purchase price (including the delivery costs) of the product in question, except for fraud of resinous fault of one of the Parts.
Without prejudice to what stated above, our responsibility is not excluded nor limited in the following cases:
a) In cases of death or personal damages derived from a serious negligence on our part;
b) In cases of fraud or fraudulent activity; or
c) Any circumstance which will result as illegal or illicit on our part to exclude, limit, or trying to limit or to exclude our responsibility.
It being understood what concerns the above paragraph and within the parameters of the current law and excluding what otherwise indicated in the hereby sales Terms and Conditions, we will not accept any responsibility for any indirect damages, such as: loss of money, loss of business, loss of earnings or loss of contracts, loss of expected savings, loss of data and waste of administrative office time.
We also specify that the seller doesn’t have any responsibility concerning delays in delivery times due to the Courier’s problems.
18. Force Majeure/ Accidental possibility.
The Seller is in no way responsible for non-fulfilments of obligations or delays in the execution of any one of the obligations present in the Contract which are due to events that are beyond its reasonable control (“Force Majeure events”). For any Force Majeure events we intend any act, event, missed event, omission or accident beyond any reasonable control; such expression includes, but it’s not limited to, what we hereby list:
1. Strikes, closures or trade union unrests.
2. Riots, revolutions, terrorist attacks or threats of terrorist attacks, wars (declared or not), or threats of war.
3. Fires, explosions, storms, floods, earthquakes, landslides, epidemics or natural disasters.
4. Impossibility of using train tracks, maritime transports, air transport, motor transports or any other public or private transport.
5. Impossibility of using public or private telecommunication networks.
6. Acts, decrees, law, regulations or restrictions made by any government.
7. Any strike, disaster or maritime, postal or any other relevant means of transport’s accident.
It remains understood that the execution of the obligations of this Contract will remain on hold for the whole duration of the Force Majeure Events and an extension for the execution of the Contract will be authorised for the whole length of the period.
It remains understood that, even during Events of Force Majeure, the Seller will do its best to find a solution in order to guarantee its contractual obligations.
The Seller is therefore not responsible towards any part for what concerns damages, losses and costs incurred following the missed execution of the contract for the above mentioned reasons, while it remains, in any case, the right of the Customer to receive the restitution of the money spent, excluding delivery costs.
19. Data Processing.
The Customer is informed and gives consent to the processing of the personal details- as for what is established by the current law (artt. 13-14 Reg.to UE 2016/679) which he will supply to the Seller, in the following terms:
- the data collected will in no way be shared with third parties;
- the only use will be the one aimed at easing the buying experience through support given to the contacts provided. For any further information, refer to the privacy and cookies section.
20. Intelelctual Property.
The Customer is informed and accepts all the copyrights, the registered trademarks and any right of intellectual property on the materials or contents presented as an integral part of the website belong to the Seller or to those who have been given a license on their behalf for their use. The Customer will be able to use such material only in the means by which he will receive specific authorization by the Seller or by those who have been given a license on their behalf for their use.
21. Links from the website.
In all the cases where the Seller’s website contains links to other pages of to goods from third partied, such links will only be supplied for informative reasons, without control on our part on the contents or on the materials contained in such pages or websites. Therefore, the seller declines any responsibility in case of eventual damages or losses deriving from their use.
22. Annulment of one or more clauses.
In case any article of the General Terms and Conditions, or a part of it, or of any one of the dispositions of the Contract, should be considered non valid, illicit or inapplicable by the competent authority, such article, clause or disposition will be considered not applicable, while the other articles, clauses or dispositions will remain valid within the maximum measure admitted by the law.
23. Applicable legislation.
The use of our website and the purchase contracts for our products are regulated by the Italian legislation.
Specifically, the contract between the Customer and Stock Elettrico srl is to be intended as finalized in Italy and is, for all legal purposed, qualified as a trade contract regulated by the Italian Law.
24. Disputes and Competent Forum
For any dispute deriving from the relationship between the Seller and the Customer, the Competent Forum is the Forum of Arezzo (Italy).