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Terms and Conditions

1. General information – Application 
1.1 The website www.stocksmetic.com (hereinafter, the "Website") is owned and managed by Premi S.p.A. (hereinafter, "Premi"), with registered address in Via Gera 16/18, 20060 Gessate (MI), VAT Number 09313920960.
1.2 These General Terms and Conditions of Use (hereinafter referred to as “Terms of Use"), together with the privacy policies published on the Website, govern the access and the use of the Website and of the related services by any user, without distinctions (the “User”).
1.3 The expression "online” sales contract refers to any distance contract concluded between Premi and a client whose object is a legal transaction of movable assets and/or services within the framework of a distance selling system organized by Premi, which concludes distance contracts via internet. “Online” sales contracts entered into between Premi and the User through the Website are governed by the general terms and conditions of sale (the “GCS”) applicable to the User in accordance with the provisions of Articles 2.6 and 2.7 below and published on the Website.
1.4 The access to the Website or to any of the information therein contained, as well as the access to any service offered, by the User implies acceptance of these Terms of Use as well as of any general conditions applicable to any specific service, including the GCS, by the User itself, who agrees to comply with them. By accessing the Website, the Terms of Use are considered as known and accepted by the User: hence, the User is required to carefully read, print and save this document before accessing the Website.
1.5 Premi reserves the right to modify and/or update all or part of these Terms of Use and/or of any general conditions, as well as of the GCS, at any time. The use of the Website by the User will constitute acceptance of the Terms of Use on the Website as amended and updated; likewise, making online purchases through the Website will imply acceptance of the GCS applicable and in effect at the time the purchase is made. In case of disagreement with any of the terms or of the Terms of Use contained herein, the User should immediately discontinue the use of the Website.
1.6 Users can access a support service, which is available to provide information and explanations regarding the products that can be purchased through the Website and the purchasing procedures. Such customer service 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 info@stocksmetic.com or the following telephone number 02 95929880.

2. User Status - Registration
2.1 The use of any of the services offered on the Website, including simple browsing, grants the user the status of User.
2.2 Registration may be required for access to certain services on the Website: while simple browsing does not require registration, for making online purchases through the Website or for subscribing to the newsletter service, registration is required and should be done through the relevant form on the Website for the specific service.
2.3 In order to register and create a personal account on the Website to make online purchases, the User must:
•    be at least 18 years;
•    possess all the necessary requirements to be able to enter into legally binding contracts;
•    possess a valid e-mail address;
•    possess a valid credit card or a bank / PayPal account for payments. 
2.4 The User declares that login credentials (username and password) provided during the registration procedure will be safely conserved and will not be disclosed to third parties, as they are considered to be strictly personal and cannot be transferred to third parties. 
2.5 The User declares, under its sole responsibility, that the information provided during the registration process is complete, correct, and truthful. Premi cannot be held liable for any consequences which may derive from the insertion of false, incorrect, or incomplete information during the registration process, including the inability to fulfill orders placed by the User on the Website.
2.6 The User is qualified, based on the form selected to register, as:
-    Consumer User: a User who uses the Website only for personal purposes, and therefore outside its trade, business, craft or profession. 
-    Business User: a User who uses the Website for purposes relating to his trade, business, craft or profession. 
Therefore, the User is required to register via the correct form.
2.7 All contracts for the sale of goods concluded through the Website with the Users will be disciplined (i) by the General Conditions of Sale for Consumers (“GCSC”) in order to grant to the User all the rights provided by Italian Legislative Decree 206/2005 (“Consumer Code") by Legislative Decree 21/2014, in case of Users registered as Consumer Users (Consumer Users are requested to consult the GCSC, in which they will find all the essential information in accordance with article 49 of the Consumer Code) and (ii) by the General Conditions of Sale for Businesses (“GCSB”), in case of Users registered as Business Users.
2.8 The contracts for the sale of goods made through the Website will be archived in Premi’s database for the time necessary for their execution and, in any case, in accordance with the law. Users can access the contract for the sale of goods through their personal account in the “My Orders” section.

3. Rules of conduct and User’s liability
3.1 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 use the Website correctly, in compliance with these Terms of Use, the applicable GCS any other instruction published time by time on the Website;
- the User is solely and entirely responsible to Premi and to third parties with regard to the accuracy and truthfulness of any information provided by the same.
Premi declines every responsibility for any consequences that may derive from the insertion by the User of false, wrong, incorrect or incomplete information during the registration process.
3.2 When accessing or using this Website, the User undertakes not to:
•    use automatic devices, software, or other systems intended to damage the Website, the catalogue of the Website 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 Premi;
•    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 Premi 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 contents in any way unless under express authorisation by Premi;
•    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. 
3.3 Premi reserves the right, under its own absolute discretion, to block the functionality of a registered user account or to prevent the access to the Website by a User in case of violation of one or more provisions of the Terms of Use of the Website, of the applicable GCS or of any instruction published from time to time on the Website.
3.4 The Website and its contents are offered as they are, without warranties of any kind, either express or implied; no representations of fact or warranties may be derived from the written information provided through the Website. In no event shall Premi be liable (in any capacity whatsoever, whether contractual or non-contractual) for any direct, indirect, incidental, or other damages arising out of the use of the Website and the services offered through it, the inability to use it, the statements or conduct of any third party on the Website, or any other matter in any way related to the Website.

4. Payments for purchases made through the Website
All payment processes on the Website are managed in order to minimize the risk of fraud; independently of the method of payment chosen by the User – PayPal, another payment platform, credit cards or bank transfer – all data will be managed on a secure and encrypted server. In case of credit card payments, a secure SSL certified system will be used: 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. Therefore, Premi does not receive or manage any of the credit card data of the Customer. Premi 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, and to refuse an order, if the Customer does not comply with this request.  
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 Premi, which will only receive only the confirmation that a payment has been made on its PayPal account.

5. Intellectual Property 
5.1 All contents that are published or accessible through the Website are protected by the laws on copyright and industrial property currently in force. Premi is the owner of all the intellectual property rights on the Website and its contents, and is in any case entitled to using the Website, the Website pages, the information or any other element contained in texts, documents, pictures, drawings, graphics, software, codes, logos, brands, brand names or any other distinctive marks protected by intellectual property and industrial rights. The use of the Webite by the User does not, under any circumstances, transfer to the User or, in any event, grant to the same any rights or licenses to the Site or any of its content. 
5.2 The User, without a prior authorization from Premi, is not allowed to reproduce, change, decode, distribute, copy and disseminate any of the information or contents acquired through the Website. 

6. Third Parties Links, banners and advertisement 
6.1 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. The User, by accessing such websites, acknowledges and expressly accepts to be leaving the Website at its own risk, and to be well aware that the Terms of Use of the Website, the applicable GCS and any instructions published from time to time on the Website, do not regulate the access and browsing on the aforementioned websites owned by third parties and that the ads shown on the Website do not entail adhesion or recommendation by Premi which, in any case, shall not be liable for damage or loss resulting from the User's use of third-party sites. 
6.2 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. Premi declines all responsibilities and excludes any warranties for the services offered by third parties on the Website, including the third-party companies mentioned in the “Partners” section of the Website.

7. Disclaimer of liability
7.1 Premi publishes information on the Website to provide a service to its clients; nevertheless, Premi declines all responsibilities in case of potential technical inaccuracy and/or typographical errors. Once made aware of any mistake that may have occurred, Premi will correct it as soon as possible. Premi furthermore reserves the right to correct and amend the Website, if necessary, without providing any notice. In addition, the User acknowledges that the images and colors of the products may not match the real thing due to the effect of the Internet browser and monitor used by the User, and some items on the Website may appear slightly larger or smaller than actual size because the images have been resized to fit the screen or due to the photographic techniques employed.
7.2 Premi does not guarantee the conformity of the information published on its Website with the laws of the competent jurisdiction for the User.  
7.3 Premi declines any responsibility for potential problems, damages, viruses or risks that the User may have incurred in 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 Cookie Policy on the management of the cookies.
7.4 Premi 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 Premi and to third parties of the correct use of the aforementioned log-in credentials. 
7.5 Premi 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 Premi. 
7.6 Premi declines every responsibility with regard to the management of payments services and of any possible reimbursement demanded by third parties. 
7.7 Premi 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. 
7.8 As much as Premi has adopted adequate technical and organizational measures to ensure as much as possible the security of the information on the Website, as well as the integrity of data related to traffic and electronic communications, as well as to avoid risks of dispersion, destruction and loss of data and confidential and non-confidential information on the Website, or unauthorized access, it does not assume any liability to the User for any damages resulting from unauthorized access and alteration of data by third parties who breach the Website's computer systems, except as otherwise provided by any legal provisions.
7.9 In all the cases mentioned above (within the limits provided by the Consumer Code, when applicable, and by other provisions in force), Premi excludes every warranty and will not in any way be subject to any responsibility, including 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.  

8. Governing law and jurisdiction
8.1 The access and use of the Website by the User are subject to Italian law. 
8.2 In case of a dispute concerning the access and/or use of the Website by a Business User and by a Consumer User – unless differently provided for by the applicable law (including the Consumer Code) –, the Court of Milan (Tribunale di Milano) will have exclusive jurisdiction over the matter.

These Terms and Conditions of Use of the Website were last updated on: 01/05/2024

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