Conditions and 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 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 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 of 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 [email protected]

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 to place legally valid orders;

b) not placing fake or fraudulent orders: in cases where the Seller has reasons to believe that such an order has been placed, he will be authorized to not accept, annul or not carry 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 to 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 provided 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 is available, with the product codes, on the website www.stockelettrico.com.

We specify that the image which accompanies the product description may not be 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 that the ordered goods will be available in every case. 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 does 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 single 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 registered with the VIES, while they are VAT (IVA) excluded if the business is a company registered with the VIES, which will independently apply the rate according to the law of its own European country. Prices displayed on stockelettrico.com may differ from those on stockelettrico.it, as the .com platform includes higher operational and cross-border transaction costs applicable to orders within the European market.

The Seller reserves the right to modify the prices at any moment, without previous warning.

The price of the product is, therefore, the one indicated, from time to time, on our website, except when there is 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 be 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 any 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 accepts the following means 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 a high level of 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 Nexi XPay payment page. This means of payment guarantees a high level of security in the online transaction and a fast delivery of your order.

 

c) Bank Transfer: 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 has 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: Stock Elettrico S.r.l., Banca Mediolanum, IBAN: IT44N0306234210000001543204,
BIC: MEDBITMMXXX

 

There are no extra charges for the means of payment indicated at the points a), b) and 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 time, except for what is stated in the last paragraph of the point 5 of the General Conditions.

The Seller delivers to all 26 European Union countries outside Italy. The Seller is not able to ship to non-EU destinations, including the United Kingdom, Switzerland and Norway.

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 receipt of the payment and, in any case, to the confirmation from the Seller. Any order processed before 12:00 noon is sent the same day; after that time, the goods are dispatched on the following working day. Delivery times range from 2 to 5 working days. Once the shipment has left our warehouse, you will receive an email with the tracking code.

For urgent deliveries we suggest a payment through PayPal or Credit Card. For bank transfers, 1 to 3 working days are needed in order to confirm the payment. The Seller will do everything in its power to guarantee delivery within the times stated above and by the means indicated at this point; any delay caused by difficulties encountered by the courier during the delivery of the goods cannot be attributed to the Seller, which in any case guarantees delivery within a maximum period of 30 days from the acceptance of the order.

8.2. Delivery costs

The delivery cost depends on the European Country of destination and is shown in the cart before the order is confirmed.

• 22,90€ Austria, Belgium, France, Germany, Luxembourg, Netherlands, Portugal, Slovenia, Spain

• 27,90€ Bulgaria, Croatia, Czech Republic, Hungary, Poland, Romania, Slovakia

• 29,90€ Denmark, Estonia, Finland, Greece, Ireland, Latvia, Lithuania, Sweden

• 54,90€ Cyprus, Malta

The delivery costs shown above are VAT included. Business customers registered with the VIES are charged the net amount, in accordance with point 6 of these General Sales Terms.

Heavy, bulky or oversized goods. The rates listed above cover standard parcel deliveries. For orders containing heavy, bulky or oversized items – such as cable drums, trunking, conduit, enclosures or distribution boards – and for deliveries to remote areas or small islands, the courier may apply a surcharge. In that case the Seller will contact the Customer before dispatch with the exact additional amount, and the Customer will be free to accept it or to cancel the order and receive a full refund.

 

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 registered with the VIES or as a business registered with the VIES. All private customers and all businesses not registered with the VIES will see the prices VAT (IVA) included, while all companies registered with 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), and 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 can either add goods to the trolley (by clicking “continue shopping”) or proceed with the order, by clicking “proceed to buy”, in which case you are directed to the next phase.

4) “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.
5) “Summary” page: the customer visualizes the total cost of its order and can proceed to confirm it by clicking “confirm your order”.

6) 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 D.Lgs. 70/2003, and will be able to check the confirmation in 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 distance sales contract, specifically in this case “online”.

The Seller reserves the faculty not to accept the order if, according to its own unquestionable choice, it has reasons to believe that the Customer is not acting with 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 handover 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 has not yet accepted the contractual proposal. Any costs that the Seller has incurred, 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. Obligations of the Buyer.

It is 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 is a duty of the Customer to conform its behaviour to the present general sales conditions and to keep a respectful 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, Storage or other, will be charged to the Customer and requested via invoice sent by mail or recorded delivery mail.

13. Complaints

Any potential complaint will have to be forwarded to the Seller via email to the address [email protected] 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, the terms established in the pertinent points of these General Sales Terms and Conditions will apply.

14. Right of Withdrawal 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 designated by the 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 designated by the 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 [email protected], 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 Customer is entitled to handle the goods only as strictly necessary to establish their nature, characteristics and functioning. The Customer remains responsible for any diminished value of the goods resulting from handling that goes beyond what is necessary for that purpose, and the Seller may deduct such diminished value from the refund. We invite, therefore, the Customer to take care of the goods for as long as they are in their possession. Please return the goods in their original packaging, including the instructions and all other documents which may accompany the goods.

14.3 Consequences of the withdrawal

The consumer that withdraws from 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 delay and, in any case, not beyond 14 days from the day in which the Seller is informed of the decision to withdraw from the Contract. Such refunds will be carried out through bank payment to the bank coordinates (IBAN) indicated in the request of withdrawal. 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, whichever is sooner. The restitution of the goods must be carried out via courier, without delay and, in any case, within 14 days from the day in which the Customer has communicated his will to withdraw. 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 goods are proved faulty or with a proved conformity defect.

14.4 Exclusion from the right to withdraw

We inform the Customer that the right to withdraw is excluded in the following events:

1) for the supply of goods made-to-measure or clearly personalized (art. 59 c.1 lett. c) D.Lgs. 206/2005)
2) the supply of goods which, after the delivery, result, for their nature, inseparable from other goods (art. 59 c.1 lett. f) D.Lgs. 206/2005)

 

15. Returns.

In addition to the right of withdrawal recognized by law for any Private Customers, the Seller is committed to abide by 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), he has the right to the remedies provided by law.

The request must be made via email to [email protected], listing the order number and the wrong or non-working items.

For Private Customers, the legal guarantee of conformity lasts 2 years from delivery, in accordance with artt. 128 and following of D.Lgs. 206/2005 as amended by D.Lgs. 170/2021. No notice deadline applies to Private Customers. For Professional Customers, defects must be reported within 8 days from their discovery (art. 1495 Codice Civile).

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 has incurred.


15.2 Generic 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 [email protected], 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 right, however, not to proceed with the generic return procedure, in case the item was personalized or made to measure, in all the cases where the right of withdrawal is not applicable or where the exclusion of the withdrawal 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.

16. Warranty

The Customer buying as a Private Customer will be guaranteed the conformity of the goods sold as established by D.Lgs. 206/2005 and, specifically, under art. 128 and following. The Professional Customer will be subject to the common law and, specifically, to art. 1470 of the Italian Civil Code, especially for what is 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, 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 description supplied by us and they have the qualities indicated in this website,
- they are suitable for the use for which they are normally used,
- 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 cannot be legitimately excluded for the customers and users, or those specifically recognized by the Seller.

17. Responsibility and pertinent limitations.

The Customer is made aware and accepts that the Responsibility of Both Parties (Customer and Seller), for what concerns non-compliance 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 or gross negligence of one of the Parties.

Without prejudice to what is 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 would result as illegal or illicit on our part to exclude, limit, or try 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 is 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 does not 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-fulfilment 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 is not limited to, what we hereby list:

1. Strikes, closures or trade union unrest.
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 transport, air transport, motor transport or any other public or private transport.
5. Impossibility of using public or private telecommunication networks.
6. Acts, decrees, laws, 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 party 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 established by the current law (artt. 13-14 Reg. UE 2016/679) – which he will supply to the Seller, in the following terms:
- the data collected will not be shared with third parties, except for those necessary to the execution of the contract, such as couriers, payment providers and accounting services, each acting as data processor;
- 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 cookie section.

20. Intellectual Property.

The Customer is informed and accepts that 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 or to goods from third parties, 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 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 S.r.l. is to be intended as finalized in Italy and is, for all legal purposes, qualified as a trade contract regulated by the Italian Law. This does not affect the mandatory consumer protection rules of the country in which the Private Customer is resident.


24. Disputes and Competent Forum

For any dispute deriving from the relationship between the Seller and a Professional Customer, the Competent Forum is the Forum of Arezzo (Italy). For Private Customers, the competent forum is the one of the place of residence or domicile of the consumer, where mandatory under the applicable law.