TERMS AND CONDITIONS
1.Introduction
1.1 Dear User, the site www.stocksmetic.com (hereinafter, the "Website") is owned and run by Stocksmetic Srl. (hereinafter, "Stocksmetic"), whose operational headquarters are located in Via Gera 16/18, 20060 Gessate (MI) - Italy, with legal residence in piazza della Repubblica 32, 20124, Milano. VAT Number 10367490967.
1.2 These General Use Conditions (hereinafter referred to as “Terms of Use"), together with the Privacy Policy and the General Conditions published on the Site, govern the access and the use of the Site by the user, as well as the contracts of "online" sales, also defined as supply relationships, between Stocksmetic and the User.
1.3 With the expression "online sales contract” we refer to any distance contract concluded between a SUPPLIER, Stocksmetic, and a CUSTOMER whose object is a legal transaction of movable assets and/or services. Stocksmetic only concludes distance contracts via-internet.
1.4 For certain categories of users (hereinafter, “Users), the use of some specific services offered on this site, could involve the application of the present Use Conditions but also the application of the General Sale Conditions.
1.5 The access to the Website or to any of the information therein contained, as well as the access to any service offered, implies that the User accepts and agrees to comply with the Use Conditions and the General Sales Conditions. With the access to the Website, all the Use Terms and all the other General Terms and Sale Conditions, are considered as known and accepted: hence, the User is required to carefully read, print and save this document before accessing the Website.
1.6 Stocksmetic reserves the right to modify and/or update all or part of the Use Conditions and Sale Terms and Conditions at any time by publishing new terms or conditions. By using the Website, the User implicitly accept all amendments and updates to the aforementioned conditions.
In case of disagreement with any of the points of the Conditions, the User should immediately discontinue the use of the Site.
2. User Status
2.1 The use of any of the services offered on the Site grants the the status of User.
2.2 Registration is not required for simple navigation.
2.3 Registration is necessary for the execution of orders. The registration will be carried out through the form provided on the Site.
3. Registered Users
3.1 For the registration Users must:
- Be at least 18 years;
- Possess all the necessary requirements to be able to enter into legally binding contracts;
- Possess a valid email address
- Possess a valid credit card or a bank / PayPal account for payments.
3.2 The login credentials (User Name and Password) of each registered User, provided during the registration procedure, will be safely conserved and will not be disclosed to third parties. All the information is considered to be strictly personal and may not be transferred to third parties.
3.3 All Users declare, under their sole responsibility, that the information provided during the registration process is complete, correct, and truthful. Stocksmetic will not be held liable for any consequences which may derive from the insertion of false, incorrect, or incomplete information during the registration process.
4. Registered Users Categories
4.1 When registering on the Site, customers can choose between two categories of User Status, based on the requested data inserted in the registration form, namely:
The Consumer User Status: it applies to Users who use the Website only for personal purposes, and therefore not for work or professional use. These users are not equipped with a VAT Number, with the exception of a few specific categories, such as, by way of example: sole proprietorships, professionals and company of persons or of capital.
The Business User Status: it applies to Users who use the site for professional purposes in the pursuit of their profession. These users possess a VAT number. The category includes, by way of example: sole proprietorships, professionals and partnerships or limited companies.
4.2 The management system of the Website automatically groups the Users (Consumer or Business) when they enter their VAT number. All Users are responsible for entering their correct data upon registration (in particular, their VAT number). The insertion of incorrect data will prevent the order from being fulfilled.
5. Applicability of the General Use Conditions and the other General Terms and Conditions of the Site to the different categories of Users.
5.1 The Terms and Conditions of the Website will be applied to all categories of Users, as established in the introduction.
5.2 All contracts for the sale of goods concluded through the Site with a Consumer User will be disciplined by the General Conditions of Sale (hereinafter GCS) in order to grant to the User all the rights provided by D. Lgs. 206/2015 (“Consumer Code"). Consumer Users are requested to consult the CGV relevant to them (shown below) in which they will find all the essential information in accordance with ART. 49, legislative decree 06.09.2005 n° 206 (Consumer Code).
5.3 All contracts for the sale of goods made through the Site with a Business User will be disciplined by the General Conditions of Sales (hereinafter GCS) for Business as amended by the D. Lgs. 21.02.2014 n° 21;
5.4 The contracts for the sale of goods made through the Site will be archived in Stocksmetic’s databasefor the time necessary for their execution and, in any case, in accordance with the law. The Users can access the contract for the sale of goods through their personal account in “My Orders” section.
6. Guarantees provided by the user
6.1 The User declares and ensures that:
- The information provided through the registration process are correct, truthful and accurate.
- The User will update the information provided at the registration through the specific User-profile editing function.
- The User will exploit the Website correctly, in compliance with General Sale Conditions and any other instruction published time by time on the Website
- The User assumes all responsibilities to Stocksmetic and to third parties with regard to the accuracy and conformity with the truth of the information published.
Stocksmetic declines every responsibility for any consequences that may derive from the insertion of false, wrong, incorrect or incomplete information during the registration process.
7. Restrictions on Use of the Site
7.1 1 When accessing or using this Website, the User agrees not to:
- use automatic devices, software, or other systems intended to damage the Site, the catalogue of the Site or any information therein contained;
- use automatic devices, software, or other systems to interfere or attempt to interfere with the functions and services of the Website;
- use the Website Contents or perform framing activities of the Website, also and especially with the aim of creating or filling in databases or other types of information gathering or engaging in any competitive activities in regard to Stocksmetic;
- upload, post, transmit, send advertising material, messages or commercial spam information, invitations to tender or competitions, junk email, surveys, or other any other type unrequested solicitation;
- use the Website or any content of the Website in a way that could be considered, at Stocksmetic discretion, not reasonable and/or contrary to the purposes for which it has been made available;
- violate any rights, including the right to copyright, trade secret, privacy, or any other intellectual property rights or other reserved rights;
- forge his/her identity or perform acts with the purpose of obtaining money, passwords or personal information;
- violate any applicable legislation provision;
- publish, sell, trade, or exploit the Website and/or its in any way unless under express authorisation by Stocksmetic;
- upload or try to upload viruses, worms, codes, files or other elements that could eventually cause damage to the Website, or to software, hardware, and other telecommunications tools of third parties.
8. Faculty to limit the Site use to Users
8.1 With its absolute discretion, Stocksmetic reserves the right, under its own absolute discretion, to block the functionality of a registered user account, in case of violation of one or more General Use Conditions of the Website, of the GCS and any instruction published from time to time on the Website.
9. The Website
9.1 The Website allows its Users to buy packaging for fragrances and skincare products as well as all related accessories.
9.2 A support line is available to provide information and explanations with regard to the products and purchasing procedures. The CUSTOMER Service line is active from 09.00 to 12:30 and from 13.30 to 18.00, from Monday to Friday, at the following e-mail address [email protected] or the following telephone number 02 95929880.
10. Prices and Rates
10.1 PRICES
The prices indicated do not include the VAT, the costs of preparation and packaging of the goods and the shipment costs and are related to a specific number of products. By selecting the different quantities of products, the User will be able to see the relative prices and quantities.
10.2 Shipping costs
The shipping costs can be calculated by the User through the specific features available on the Website and they will be specified separately before the user completes the purchase.
10.3 VAT, DUTIES AND CUSTOMS DUTIES
The User should be made aware that, in case of shipments to countries outside the European Union, the shipping charges are not comprehensive of customs fees and duties imposed by the country of destination. The consumer will eventually have to pay such customs fees in accordance with modalities and rates of the country at the delivery of the goods.
Business Users will not be charged with the VAT in the event the goods being shipped to a foreign country. Users will in anyway be charged with the VAT will in the event of goods being shipped to Italy.
Please remember that, pursuant to articles 3.3, 4.2, 4.3 and 6 of the Website general terms and conditions, failure to enter correct data (in particular the VAT number) will prevent the order from being fulfilled. Moreover, Business Users, who do not have a VAT number (for example, foreign companies), must contact our customer service before making a purchase.
11. Payments
11.1 All payment processes on www.stocksmetic.com are managed in order to minimize the risk of fraud.
11.2 Whatever method of payment the User chooses, PAYPAL, other payment platforms, CREDIT CARD (no extra cost), BANK TRANSFER all data will be managed on a secure and encrypted server.
11.3 CREDIT CARD PAYMENTS
All credit card payments use a secure SSL certified system: when an order is confirmed the credit card information will be transferred to the bank providing the distance electronic payment services which will directly interface with the card owner, through a protected encrypted SSL (Secure Socket Layer) connection in order to authorize the charge. A secure risk-free procedure protects the CUSTOMER from the risk of abuse. Thanks to this system, www.stocksmetic.com does not receive any of the credit card data of the Customer.
www.stocksmetic.com reserves the right to request the Customer to provide additional information or to send copy of his/her identity document (ID) to prove the ownership of the credit card used in the payment. www.stocksmetic.com reserves the right to refuse an order, if the Customer does not comply with this requirement.
11.4 PAYPAL PAYMENTS or other payment platforms (Apple pay, Google pay)
In case of payments via PayPal or other payment platforms, all the financial data of the user will be handled directly by PayPal or by the other payment platforms and will never be shared or shown to www.stocksmetic.com, which will only receive only the confirmation that a payment has been made on its PayPal account.
If the order is cancelled (either by the CUSTOMER or by www.stocksmetic.com) the amount will be refunded to your PayPal account Or as otherwise established by other payment platforms.
11.5 ADVANCE BANK TRANSFER PAYMENTS
The bank transfer must be done to:
Stocksmetics SRL Società Unipersonale
Piazza della Repubblica, 32
20124 Milan (Italy)
Account Number : 70280000000000262
USA FW/ABA ROUTING NUMBER: 031100209
SWIFT: CITIUS33
Citibank US
111 Wall Street,
New York, 10043, USA
As purpose of the credit transfer, the user must write the number and the date of the order, indicated in the confirmation e-mail. The amount transferred must correspond to the total amount of the order, if not, the goods will not be shipped.
For payments made by bank transfer, the CONTRACTOR reserves the right to cancel the ORDER if the payment is not credited within 10 days from the date of purchase.
11.7 ADDITIONAL COSTS FOR PAYMENTS
The aforementioned payment methods do not entail any additional costs for the User.
12. INTELLECTUAL PROPERTY
12.1 All contents that are published or accessible through the Website are protected by the laws on Copyright and industrial property currently in force.
Stocksmetic is the owner of the Website and is in any case entitled to using the website, the website pages, an the information or any other element contained in texts, documents, pictures, drawings, graphics, softwares, codes, logos, brands, brand names or any other distinctive marks protected by intellectual property and industrial rights.
12.2 The User, without a prior authorization from Stocksmetic, is not allowed to reproduce, change, decode, distribute, copy and disclose any of the aforementioned elements or information.
13. Third Parties Links, Banners and advertisement
13.1 The Website may contain links to other websites managed or owned by Third Parties, banner ads directly or indirectly connected to websites that are owned or managed by third parties and advertising material in general.
All Users, by accessing such websites, recognize and accept that they are leaving the Website at their own risk, being well aware that the General Conditions on the use of the Website, the applicable GCS and any instructions published from time to time on the Website, do not regulate the entry and browsing on the aforementioned websites owned by third parties.
All ads shown on the Website do not entail adhesion or recommendation by Stocksmetic.
13.2 The Website may contain references and contact details of third-party companies offering complementary services: all relationships between them and the User will be managed by the User in full autonomy and will be regulated by specific agreements between the User and the aforementioned third parties. Stocksmetic declines all responsibilities and excludes any warranties for the services offered by third parties on the Website.
14. Disclaimer of liability
14.1 Stocksmetic publishes information on its Website www.stocksmetic.com to provide a service to its clients, nevertheless Stocksmetic declines all responsibilities in case of potential technical inaccuracy and/or typographical errors.
Once made aware of any mistake that may have occurred, Stocksmetic will immediately correct it. Stocksmetic furthermore reserves the right to correct and amend the Website, if necessary, without providing any notice.
14.2 Stocksmetic does not guarantee the conformity of the information published on its Website with the laws of the competent jurisdiction for the User.
14.3 Stocksmetic declines every responsibility for potential problems, damages, viruses or risks that may have incurred while using the Website and further declines all responsibilities for potential anomalies in its functioning, for the deactivation of the cookies in the browser on behalf of the User. The User is invited to read and expressly accept the Privacy Notice relative to the management of the cookies.
14.4 Stocksmetic does not assume any responsibility as to the incorrect use made by third parties of the log-in credentials of the registered Users, which remain the only subjects responsible to Stocksmetic and third parties of the correct use of the aforementioned log-in credentials.
14.5 Stocksmetic does not grant continuous and uninterrupted access to its Website and services, which can be subject to factors, also of technical nature, that are out of the control of Stocksmetic.
14.6 Stocksmetic declines every responsibility with regard to the management of priced services and of any possible reimbursement demanded by third parties.
14.7 Stocksmetic declines every responsibility with regard to any consequence that the User or third parties may suffer consequently to the insertion of false, incorrect or incomplete information during their registration.
14.8 In all the cases mentioned above, (within the limits provided by the Consumer Code when applicable and other in force provisions), Stocksmetic excludes every warranty and will not in any way be subject to responsibility in case of economic losses, start-up losses, commercial reputation damages. Direct, indirect or consequential damages which may derive from the use of the Website and the services offered therein.
14.9 Any eventual refund to the User or to third parties consequent to the assessment of the responsibility of Stocksmetic will not in any case exceed the amount of DOLLARS 1.500,00.
15. Applicable Law and Jurisdiction
15.1 The access and use of the Website by the User are subject to Italian law.
15.2 In case of a dispute concerning the access and/or use of the Site by a Business User, the Court of Milan (Tribunale di Milano) will have exclusive jurisdiction over the matter.
15.3 All Consumers are granted the rights indicated in Leg. Dec. 206 of 2005 ("Consumer Code"); in this case all the disputes concerning the access and/or the use of the Website, will fall under the exclusive jurisdiction of the Consumer Forum in accordance with the provisions of the Consumer Code.
These website terms and conditions were last updated on 08/08/2022
