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 8/10, 20060 Gessate (MI) - Italy, with legal residence in Via Gera 16/18, 20060 Gessate, 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.
4.3 Foreign companies, which do not have a VAT number, must contact our customer service before making a purchase.
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, 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
In case of payments via PayPal, all the financial data of the user will be handled directly by PayPal 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.
11.5 ADVANCE BANK TRANSFER PAYMENTS
The bank transfer must be done to:
Stocksmetics SRL Società Unipersonale
Via Gera 16/18
20060 Gessate, Milano(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 25/10/2021
BUSINESS TERMS AND CONDITIONS
1. SUBJECT - EFFECTIVENESS
1.1 As defined in the General Terms and Conditions of Use, these General Conditions of Sale (hereinafter, GCS) are applicable to all the orders placed through the site www.stocksmetic.com (hereinafter the "Website") by any Business Consumer (hereinafter the "CUSTOMER") towards Stocksmetic Srl (hereinafter the "SUPPLIER") and they completely regulate all current and future supply relationships and possible disputes between the CUSTOMER and the SUPPLIER.
1.2 The present GCS are published in the section "Conditions of sale" of the Site in favor of the Consumer for their the reproduction and conservation in accordance with Art. 12 of Leg. Dec. No. 70/2003. The conditions are considered as known and accepted, even if not subscribed, as a consequence of the simple access to the Site or the submission of an order through the features of the Site.
1.3 If one or more of the clauses contained in the GCS were declared null, invalid, ineffective or illegitimate, in whole or in part, by the judicial authorities or by court of arbitration, there would be no consequences as to the validity and effectiveness of the other clauses or the remainder of that clause.
2. ORDERS
2.1 Each Order for standard products must be sent through the specific section of the Website, where the CUSTOMER will have to specify:
- Quantity of the product
- Type of shipping (on pallet or package)
2.2 The Supplier will accept orders up to the maximum number of pieces available indicated for each item, for the standard items indicated on the website; for Orders of larger quantities or non-standard products, the CUSTOMER will have to contact Stocksmetic S.p.a. through the appropriate section of the Website.
2.3 In any case, the SUPPLIER will not be binded to selling the products to the CUSTOMER before the receival of a confirmation of payment or the total amount of the payment, in case of bank transfer.
2.4 All Orders are irrevocable and binding and cannot be cancelled by the CUSTOMER.
2.5 Orders will be confirmed and become binding for the SUPPLIER after the receival of a confirmation of the Order, which follows the receival of the payment, in accordance with the provisions of Art. 4.4 and 4.6. All Customers are hereby informed that pressing the “Submit your order” button will send a binding purchase order which commits the Users to paying the price of the goods included in their “cart”.
2.6 If the payment is not received within 5 days from the order confirmation or if the user pays an incorrect amount, the order will be suspended and the goods will be made available for sale to other CUSTOMERS. Consequently, Stocksmetic does not guarantee the availability of the ordered goods in case of payments made beyond 5 days from the Order confirmation. Late-paying CUSTOMERs must wait for the goods to become available again without this entailing any breach on Stocksmetic’s part.
2.7 The CUSTOMER may check the status of the order in the section of the Website dedicated to such purpose:
- Order Received: Order has been received. In case of payment by bank transfer, if the payment has not yet been received, appears wording Pending Order
- Order Processing: Order in execution
- Order Complete: Order ready to be picked up at Stocksmetic’s warehouse or shipped with TNT
- Order Canceled: payment declined or Order canceled at the request of the Customer, when possible
2.8 Only for standard products, the Customer is granted the right to cancel the Order, free of charge, as long as its status has not reached the status “Order Processing”.
From the moment the Order status is “Order Processing”, if the Customer cancels the Order, the Supplier will be entitled to withhold, as a penalty, a sum equal to 15% of the total value of the Order (VAT excluded).
From the moment the Order status is “Order Complete”, it will no longer be possible to request cancellation.
3. DELIVERIES - QUANTITY
3.1. DELIVERIES
3.1.1 The customer can choose between the shipment with courier or picking up the goods at Stocksmetic’s warehouse.
3.1.2 SHIPMENT
Deliveries to the carrier are made within 7 days from the receival of the order for standard products and within 10 days for personalized products. When the carrier receives the goods, the goods travel at the customer’s own risk.
3.1.2.1 The arrival times of the goods depend on the times of transit of the shipments on the basis of their destination.
3.1.2.2 The dates of delivery and arrival of the goods are not binding and only serve as a reference for the parties. The Supplier will make sure to undertake all reasonably possible actions to ensure that the respect the fixed terms. The fixed delivery dates are merely indicative and the delivery deadline is not essential. The SUPPLIER will not in anyway be responsible for eventual delays in the delivery of the products caused by (i) force majeure causes as defined in Article10, or (ii) inadequate instructions for the delivery of the products of the CUSTOMER or of any other instruction relating to the sale of Products, (iii) delays of the subcontractors of Stocksmetic or of the CUSTOMER involved in the process of creation of the Products, (iiii) in case of custom products that have particular production characteristics.
3.1.3 PICK UP AT THE WAREHOUSE
The CUSTOMER will pick up the goods at Stocksmetic’s warehouse in via Gera 8/10, 20060 Gessate (Mi). In this case, the goods will be available for the CUSTOMER at Stocksmetic’s warehouse. (EXW Incoterms 2010)
3.1.3.1 The Goods will be ready for pick up within 7 days from the receival of the payment.
3.1.3.2 After the communication of availability of the goods, they will be available for pick-up every day from Monday to Friday from 8 a.m. to 1 p.m. and from 2 p.m. to 5 p.m. PST The CUSTOMER will be charged with the expenses of any bulletin required by the courier. The warehouse will only issue the transport
document. The invoice will be sent via email and will be available for the client to see in his/her reserved area.
3.1.3.3. After having received the communication of availability of the goods, the CUSTOMER must pick up the goods within and no later than 15 days. In case of delay, the delivery will be considered accomplished with the consequences established in Article 5.2.
3.1.3.4 In the event of a late pick-up with regard to the deadlines established in article 3.1.3.3, the Client will be allowed to collect the goods in exchange for the payment of a daily storage fee of 5 Euros for each day of delay.
3.1.3.5 In any case, after 30 days from the date in which the communication of availability of the goods is sent, without prejudice to the provisions contained in article 3.1.3.2, the Supplier will be entitled to cancelling the Order, withholding as a penalty a sum equal to 15% of the total value of the Order (VAT excluded), without prejudice the obligation to pay the daily storage fee contained in article 3.1.3.4
3.1.3.6 In the case disciplined by article 3.1.3.4, the Supplier will make sure to refund the amount paid for the purchase of standard products, after the deduction of the penalties established by article 3.1.3.4 and 3.1.3.5. In the case of an order of personalized products (by way of example: personalized cases and labels with the logo of the client, tailor made suction devices) being annulled, the supplier will be entitled to withholding the entire amount of the price payed by the client, subsequently providing for the disposal of the products that have not been picked up within 45 days from the date of submission of the communication of availability of the goods.
3.1.3.7 In the case of a pick-up through a courier chosen by the client, the goods will be entrusted to the carrier with a transport document, without the issuing of any other document. The arrangement of any other document that may be required by the courier is a sole responsibility of the Client or the carrier.
3.2 If the SUPPLIER fails to deliver the Products, its liability will be limited to the difference between the price originally provided and the cost sustained by the CUSTOMER to obtain, at the lowest available price on the market, the same amount of substitutive products, of the same features and quality.
3.3 Irrespective of what is established in article 3.1, the terms of delivery will not be effective until the receival by the SUPPLIER of the payment made by the CUSTOMER.
3.4 QUANTITY
3.4.1The minimum quantity of Products per Order and/or Delivery is of 1 box. The number of products per box depends varies depending on the different references.
3.4.2 Each delivered and invoiced Order cannot exceed or be lower than 5%of the agreed quantity of the order. The CUSTOMER accepts this tolerance limit. Within the limits of these variations (+/-5%), the CUSTOMER it not entitled to raising any objection or complaint.
3.4.3 The CUSTOMER has to select the type of delivery (by package or pallet) when he places the order. In case of delivery by pallet the CUSTOMER must be equipped to discharge the pallet.
4 PRICE - PAYMENT
4.1 The Products are billed in accordance to the price indicated on the Site by the Supplier.
4.2 The Prices do not include the costs of preparation and packaging, the Vat and the shipping costs. The user is hereby informed that he/she can calculate the shipping costs through the specific features available on the Site.
4.3 The total price of the supply, including the shipping costs and the preparation and packaging costs, will be indicated in the "cart" section.
4.4 VAT NUMBER, CUSTOM DUTIES AND CHARGES
In case of exports towards non-EU countries, the indicated price will not include the VAT (which should be payed by the User with the methods and rates of the country of destination, upon delivery of the goods), custom charges and duties. In case of a shipment of goods towards a third country, the Business User will not be charged with the VAT. In case of shipments towards Italy, the User will in any case be charged with the VAT.
Please be aware that, pursuant to articles 4.2 and 4.3 of the website general terms and conditions, failure to enter correct data (in particular the VAT number) will prevent the order from being fulfilled. Business Users, who do not have a VAT number (foreign companies) are hereby reminded that they must contact our customer service before making a purchase.
4.5 5 Available Payment Methods:
-Credit card (Visa and Mastercard)
-PayPal
-Bank Transfer
4.6 The payment will be confirmed only after the receival of the exact amount indicated in the order.
4.7 In case of a payment via bank transfer, the Supplier reserves the right to cancel the ORDER should the payment not be accredited within 10 days from the purchase date.
4.8 In the event that the payment is not received within 5 days from the order confirmation or if an incorrect amount is paid, the order will be suspended and the goods will be made available for sale to other CUSTOMERS. Stocksmetic does not guarantee the availability of the ordered goods in case of payments made beyond 5 days from the Order confirmation.
Late-paying CUSTOMERS must wait for the goods to be available again without this entailing any breach on behalf of Stocksmetic.
5 RETENTION OF TITLE- RISKS
5.1 the CUSTOMER will become the owner of the products only after the receival of the total amount of the payment. They payment is considered as fulfilled when the relative sums are available for the Supplier, in accordance with art. 4.6.
The SUPPLIER is entitled to undertaking all the available legal actions required or necessary to preserve and ensure its rights under the applicable national law.
5.2 After the goods have been consigned, under Art. 3, the risks related to the damage or loss of the products fall on the CUSTOMER.
5.3 The SUPPLIER is entitled to require the payment of the price of the products, regardless of the fact that the possession of the goods has passed to the Customer.
5.4 Any down payments made by the CUSTOMER can be retained permanently by the SUPPLIER.
6 WARRANTY
6.1 From the date of delivery up until twelve (12) months later, the SUPPLIER guarantees that the products will be:
6.1.1 in compliance with all the specifications described on the Site;
6.1.2 free from defects of materials and fabrication.
6.1.3 of satisfactory quality.
6.2 The SUPPLIER does not grant the suitability or adaptability or compatibility of the products with CUSTOMER'S needs and requirements, for the manufacturing of finished, semi-finished and intermediates products, for the incorporation of products in other products, for the use of the products with any substance.
6.3 In case of products manufactured following the Customer’s instruction, the SUPPLIER excludes any warranty concerning the violation of the rights of third parties (specifically, the violation of intellectual property rights).
6.4 It is the exclusive responsibility of the CUSTOMER to:
6.4.1 select the products in relation to the technical features of the finished products or the machinery used for their production and the production of their packages.
6.4.2 make sure that the Products ordered are suitable for the uses for which they will be employed;
6.4.3 make sure that the products are compatible with the substance that the CUSTOMER will use and with the products sold by the CUSTOMER;
6.4.4 ensure that the finished products that the CUSTOMER sells comply with the applicable regulations and laws of the country of sale.
6.4.5 ensure that the products are carefully cleaned and sterilized before the filling.
All warranties will be excluded in case of non compliance with one or more of the points of the present article.
6.5 The CUSTOMER ensures that the custom specifications communicated to the SUPPLIER do not violate and will not violate the rights of third parties.
6.6 Any technical advice provided by the SUPPLIER, orally or in writing, does not change the fact that the CUSTOMER will have the sole responsibility to select products that are suitable for the use they are intended for, to check with all available means the compatibility and suitability of the Products (in particular, through specific tests made developed by the client or third parties) and to define specific customizing techniques for those products.
6.7 The Supplier’s warranty of the products is expressly excluded in case of:
6.7.1 Changes or alterations of the Products made by the CUSTOMER.
6.7.2 Incorrect use, irregular conservation of the products (in particular the use of the product after the expiry date and/or the violation of the instructions received from the SUPPLIER regarding the preservation of products filled with substances provided or not by the CUSTOMER)
6.7.3 Negligence or omitted custody of products by the CUSTOMER;
6.7.4 Products deterioration or wear.
6.7.5 Complaints non-compliant with the methods and time-frames established in art. 7
The warranty is expressly excluded in case of:
- shade discrepancies of the same color applied to different materials
- lack of uniformity in wooden accessories
- small irregularities in the shape of the bottles, which are considered acceptable in accordance to the AQL standards commonly used in the sector.
6.7 The CUSTOMERS commit to informing their customers, suppliers or contractors/subcontractors with adequate means about the conditions and limitations related to the conservation, deterioration/wear of products.
6.8 Within the limits established by law, any ulterior warranty is excluded with reference to what is established in the present GCS.
7. CHECKS AT ARRIVAL - COMPLAINTS
7.1 All products must be examined and checked by the CUSTOMER when the delivery takes place, in order to control the integrity of the packaging and the product. In case of damages to the packaging or products the CUSTOMER must immediately notify that to the carrier and to the SUPPLIER.
7.2 The CUSTOMER, under penalty of forfeiture, within 5 (five) working days from the receival of the goods (as provided for in Art. 7.1) should inform the SUPPLIER in writing of any defect or element of deformity of products that is recognizable after a reasonable control (obvious defects), without prejudice to any claims in respect of the carriers. The shipment will otherwise be considered as accepted by the CUSTOMER and the SUPPLIER will no longer be responsible for any possible defect and deformity of the delivered products.
7.3 If the delivered products are deformed or faulty for reasons not depending on the CUSTOMER, and the defects and divergence are not immediately recognizable after a reasonably accurate check, ("vices and hidden defects"), the CUSTOMER has to inform the SUPPLIER within three (3) working days after the discovery of the defect or non-compliance. The SUPPLIER will otherwise not respond of vices and hidden defects.
7.4 In no case the SUPPLIER will be held responsible for defects or deformities of the products recognizable or discovered after more than twelve (12) months from the date of Delivery.
7.5 The CUSTOMER as soon as a defect or an element of deformity is discovered has to take all the necessary measures, including the immediate interruption of production, in order to limit any harmful consequences that could derive from such defects.
7.6 If the CUSTOMER detects an element of deformity or a defect in the product, he/she has to activate the procedure to return the goods explained in the Art. 9.
7.7 It is intended that any variation found in the products with respect to the drawings, brochures, images published on the website and advertising (which constitute a mere reference) should not be considered a defect. The Customer will only be able to lodge a complaint when the defect or deformity element have been identified with regard to the technical sheets available on the Website.
7.8 The SUPPLIER will repair or replace the defective Product within the terms necessary for the production and delivery of the new products. If the SUPPLIER does not intend or is not able to repair or replace the product, or if, for any reason, the repair or replacement is unsuccessful, the CUSTOMER can end the contract or cancel the order. A product in considered not repaired or replaced only after two repairal or replacement attempts.
The eventual right of the CUSTOMER to a compensation for damage will be subject to the terms referred to in Article 7. The CUSTOMER will keep the defective products that have been replaced at the disposal of the SUPPLIER or he/she will return them to the SUPPLIER after proper authorization, in good condition, and as far as possible in their original packaging. The costs associated with the transport of such products as well as the transport of the products delivered as replacement or after repairal will be sustained by the SUPPLIER.
The CUSTOMER will destroy all the defective products only after receiving express declaration of consent by the SUPPLIER. The operation will be carried out at the expense of the SUPPLIER, in accordance with the applicable laws and regulatory requirements for waste disposal. The CUSTOMER will have to prove the destruction of the products with a certificate of destruction.
7.9 The remedies disciplined in Articles 7 and 8.2 constitute the only available remedies for the CUSTOMER and the only and exclusive case of responsibility for the breach of warranty of the SUPPLIER referred to in Article 6.1.
7.10 It is hereby specified that the shipment of any document other than those available in the Website (certificate of conformity, technical drawers, etc.) to the CUSTOMER will take at least 30 days from the date on which the CUSTOMER has requested it.
8. LIABILITY
8.1 The liability of the SUPPLIER is not excluded in case of:
8.1.1 Intent or gross negligence;
8.1.2 Damages or death caused by intent or gross negligence of the SUPPLIER;
8.2 With no prejudice to what provided in Articles 8.1 and 8.3, and within the limits imposed by the law with regard to article 8, the liability of the SUPPLIER (arising from or in connection to the present conditions and to any order, whether contractual or non-contractual, in accordance to law or to any other title, for any reason, and/or resulting from the violation, omission or delayed implementation of any debt borne by the SUPPLIER within the meaning of the conditions or the order and/or any defect in the products) is limited to the price of the products from which such liability has originated.
8.3 Within the limits of what is established by Article 8.1, the SUPPLIER is not in any way liable to the CUSTOMER under contractual or non-contractual liability for any damages including, by way of example:
8.3.1 The loss of components and costs of production of finished, semi-finished or intermediates products of the CUSTOMER
8.3.2 The costs sustained by the CUSTOMER to obtain substitutive products;
8.3.3 Loss of profit;
8.3.4 Impairment of goodwill;
8.3.5 Reputational damage;
8.3.6 Third-party claims against the CUSTOMER or other compensation or sums payed by the CUSTOMER to its customers;
8.3.7 Incidental or consequential damages caused or arising from responsibility within the meaning of Article 7.2.
8.3.8. Damage and liability for defective product requested by consumers and final buyers. In this case, the CUSTOMER will be the only subject responsible for the compliance with the current regulations and with the marketing of the finished products that incorporate semi-finished products.
8.4 The CUSTOMER releases the Provider from all costs, expenses, allowances, damages, whether direct or indirect, and all consequential damages, which include the actual loss, the loss of profit, the impairment of goodwill, damages, claims, demands, legal and procedural costs and convictions incurred by the Supplier as a consequence of a violation of the present GCS.
9. RETURNED GOODS
9.1 To return the goods CUSTOMERS should apply for authorization from their account page the within 5 (five) working days after receiving the shipment (as provided for in Art. 7.1) in case of defect or divergence of products that is recognizable to a reasonable control (obvious defects) or within 3 (three) working days after the discovery of any defects and divergence that are not immediately recognizable at a reasonably accurate check, ("vices and hidden defects"):
Login with their account and go to the section "My Orders"
Select the order they want to return and click on "View order"
Check that the given information is correct and click on "Request Return", in the top right corner of the page.
Fill in the form that is shown, specifying in the notes which of the articles they would like to return and whether they prefer a return with refund, the change of the items or the creation of a credit note to use for future purchases.
9.2 Alternatively, in the case of obvious defects they can send a request within 5 (five) working days directly via e-mail to the address [email protected] indicating the order number (provided in your order confirmation email), name and surname they used to place the Order. In case of hidden defects such request should be forwarder within 3 working days after a defect or element of difformity has been found.
9.3 After the receival of a request of return, Stocksmetic S.p.a. will send a written confirmation to the CUSTOMERs, containing the Return Authorization Number (R.A.N.). The return must be made using the waybill attached to the e-mail; The CUSTOMERS will also have to indicate the Return Authorization Number (R.A. N.) outside of the box
9.4 In case of defective products or the exchange of goods with an equal or greater value, the return shipment will be FREE (Initially charged to the CUSTOMER and later refunded)
9.5 In case of an exchange of non-defective goods or an exchange with products of a lower value, the delivery will be charged to the Customer.
9.6 In any case, any customs duties will be charged to the Customer. The customs duties will be charged differently depending on the return procedure chosen by the Customer in the form mentioned in art. 9.1:
- return with refund: Stocksmetic reserves the right to withhold the amount of customs duties from the refund amount;
- change of the items: Stocksmetic will charge the amount of customs duties to the new item change order;
- credit note: Stocksmetic reserves the right to withhold the amount of customs duties from the amount of the returned order.
9.76 The return of the items must be sent to Stocksmetic’s headquarters in Gessate (MI), Via Gera 8/10, within 10 days from the receival of the R.A.N.
The items must be returned in the same condition they were received by the Customer, unused and in their original packaging.
9.87 Any request for the return or replacement of suction devices will not be accepted, as these products are customized according to the size of the bottle jointly sold.
9.98 No request for return or replacement of goods will be accepted in case of a request for additional documents other than those available on the website before the deadline set out in art. 7.10.
9.10 No request of return or replacement of goods will be accepted, for any reason, for the sample items ordered by the Customer.
10. FORCE MAJEURE
10.1 In case of Force Majeure or Fortuitous event the SUPPLIER has the right to cancel the order, to suspend its execution or postpone the delivery data, without entailing any right for the Customer to ask for compensation, delete or entrust third parties with the execution of the Order. The term force majeure refers to all events beyond the control of the SUPPLIER that objectively prevent him from delivering the goods.
Example of majeure force: technical failure, suspension of the provision of electricity, water, natural gas or fossil fuels, strikes, at the production plant - also of third parties - where the products are actually manufactured, sudden deficiencies and unavailability of raw materials. In addition to this, strikes in the transport sector, delays in the arrival of ships, airplanes and means of transport of any kind, regardless of cause; revolts, riots, wars or revolutions that have occurred or will take place in the countries of production of the goods or in any of the countries in which the goods need to transit in order to reach the place of delivery.
10.2 The SUPPLIER will promptly inform the CUSTOMER and will try to find a solution with him in case of a force majeure event.
In case of an event of force majeure which makes the execution of the order impossible or commercially and economically disadvantageous for more than 6 (six) months, the SUPPLIER has the right to resolve the contract, and nothing is due to the CUSTOMER.
11. CONFIDENTIALITY
11.1 For the entire duration of the collaboration with the Supplier and for a period of minimum 5 years from the date of delivery of the last order, the CUSTOMER accepts to keep all the information provided to him/her orally, in writing write or in any other form during the negotiation and when an order was placed strictly confidential.
11.2 The obligation of confidentiality does not extend to publicly available information or information that has become such for causes other than a breach of the confidentiality obligations imposed on the customer, which were legitimately disclosed by third parties, and to the extent that the CUSTOMER is obliged to disclose such information pursuant to a provision of law or an administrative or judicial order.
12. INTELLECTUAL PROPERTY
12.1 The SUPPLIER does not transfer to the CUSTOMER any know-how or right of intellectual property in relation to the customized products.
12.2 The Client will be able to customize the Products inserting any image or message to his/her liking on condition that such images/messages:
- are not contrary to currently in force laws in Italy, the country of residence of the Customer or the country of destination of the products;
- are not contrary to public order/decency;
- are not contrary to decorum and moral;
- do not contain material relative to racial, sexual and religious discrimination;
do not violate any right of intellectual and/or industrial property of third parties.
It is specifically forbidden to the client to reproduce any figurative or word mark, ornamental designs or models, graphic signs, which are protected by third parties exclusive rights.
The client will hold harmless and indemnify the Supplier against any loss, claims and expenses, including legal expenses related to claims, proceedings, dispute which may be presented by third parties with regard to alleged violations of any of their rights (in particular, for unfair competition and the violation of intellectual property rights) in relation to products fabricated by the SUPPLIER in conformity to the specifics of customization indicated by the CUSTOMER.
12.3 Unless explicitly prohibited by the CUSTOMER in writing, regardless of the existence of any intellectual property rights reserved for the CUSTOMER related to finished products incorporating the Products and/or related components of these finished products, the SUPPLIER will be able to expose in all public events such as, by way of example, fairs, events, exhibitions, and/or commercial documents and advertising, the finished products of the CUSTOMER incorporating Products and/or products manufactured for the CUSTOMER. The exhibition of the finished products of the CUSTOMER will be strictly functional and aimed at being used for the promotion of the products of the SUPPLIER.
13. INDEMNITY CLAUSES
The CUSTOMER expressely declares that the images and texts sent through the specific function of the website for the customisation of the products:
- are not in violation of any currently in force law, in Italy, in the country of residence of the CUSTOMER or in the Country of destination of the products;
- are not contrary to the public order and common decency;
- do not contain material pertinent to racial, sexual and religious discrimination;
- do not violate any of the rights to intellectual and industrial property of third parties;
13.2 The CUSTOMER will release and indemnify the SUPPLIER against any loss, costs, demands and expenses,
including legal expenses, related to claims, proceedings or disputes present by third parties in relation to the alleged violation of any of their rights (specifically, with regard to unfair competition and the violation of intellectual property rights) in relation to products made by the SUPPLIER in conformity with the details of customization indicated by the CUSTOMER according to articles 12 and 13.1.
14. TREATMENT OF PERSONAL DATA
Please refer to what is provided in the general conditions section of the site.
14. APPLICABLE LAW - JURISDICTION
14.1 The GCS and the contracts respecting the GCS are governed and construed in accordance with Italian law.
14.2 Any dispute relating to the application, execution, interpretation and breach of contracts of purchase stipulated through the site is subject to the jurisdiction of the Court where the consumer has domicile.
These Sales terms and conditions were updated on 25/10/2021
For the purposes of Art. 1341-1342 Civil Code the CUSTOMER expressly and separately agrees with all the clauses contained in the articles: 3 (DELIVERIES - QUANTITY), 5 (RETENTION OF TITLE-RISKS), 6 (WARRANTY), 7 (CHECKS AT ARRIVAL - COMPLAINTS), 8 (LIABILITY), 9 (RETURNED GOODS), 12 (INTELLECTUAL PROPERTY), 13 (INDEMNITY CLAUSES), 14 (APPLICABLE LAW - JURISDICTION ).
CONSUMER TERMS AND CONDITIONS
The website www.stocksmetic.com (hereinafter, the "Website") is owned and run by Stocksmetic Srl., whose operational headquarters are located in Via Gera 8/10, 20060 Gessate (MI) - Italy, (hereinafter, "Stocksmetic") and legal residence in Via Gera 16/18, 20060 Gessate, Milano. A customer support number is available for the Customers, which gives information and explanations about our products and methods of purchase. The customer service is available from Monday to Friday from 09:00 am to 12:30 pm and from 13:30 pm to 18:00 pm. Users can call the following telephone number: 0295929880 or send an email to [email protected]
1. SUBJECT - EFFECTIVENESS
1.1 As defined in the General Terms and Conditions of Use, these General Conditions of Sale (hereinafter, GCS) are applicable to all the orders placed through the site www.stocksmetic.com (hereinafter the "Site") by any Consumer (hereinafter the "CUSTOMER") to purchase a product from Stocksmetic Srl (hereinafter the "SUPPLIER") and they completely regulate all current and future supply relationships and possible disputes between the CUSTOMER and the SUPPLIER.
1.2 The present GCS are published in favor of the Consumer in the section "Conditions of sale" of the Site for their reproduction and conservation in accordance with Art. 12 of Leg. Dec. No. 70/2003. The conditions are considered as known and accepted, even if not subscribed, as a consequence of the simple access to the Website or the submission of an order through the features of the Website.
1.3 If one or more of the clauses contained in the GCS were declared null, invalid, ineffective or illegitimate, in whole or in part, by the judicial authorities or by court of arbitration, there would be no consequences as to the validity and effectiveness of the other clauses or the remainder of that clause.
2. ORDERS
2.1 Each Order for standard products must be sent through the specific section of the Website, where the CUSTOMER will have to specify:
- the Quantity of the product
- the Type of shipping (on pallet or package)
2.2 The Supplier will accept orders up to the maximum number of pieces available indicated for each item, for the standard items indicated on the website; for Orders of larger quantities or non-standard products, the CUSTOMER will have to contact Stocksmetic S.p.a. through the appropriate section of the Website.
2.3 In any case, the SUPPLIER will not be bound to selling the products to the CUSTOMER before the receival of a confirmation of payment or the total amount of the payment, in case of bank transfer.
2.4 All Orders are irrevocable and binding and cannot be cancelled by the CUSTOMER.
2.5 Orders will be confirmed and become binding for the SUPPLIER after the receival of a confirmation of the Order, which follows the receival of the payment, in accordance with the provisions of Art. 4.4 and 4.6. All Customers are hereby informed that pressing the “Submit your order” button will send a binding purchase order which commits the Users to paying the price of the goods included in their “cart”.
2.6 If the payment is not received within 5 days from the order confirmation or if the user pays an incorrect amount, the order will be suspended and the goods will be made available for sale to other CUSTOMERS. Consequently, Stocksmetic does not guarantee the availability of the ordered goods in case of payments made beyond 5 days from the Order confirmation. Late-paying CUSTOMERs must wait for the goods to become available again without this entailing any breach on Stocksmetic’s part.
2.7 The CUSTOMER may check the status of the order in the section of the Website dedicated to such purpose:
- Order Received: Order has been received. In case of payment by bank transfer, if the payment has not yet been received, the wording Pending Order will appear
- Order Processing: Order in execution
- Order Complete: Order ready to be picked up at Stocksmetic’s warehouse or shipped with TNT
- Order Canceled: payment declined or Order canceled at the request of the customer, when possible
2.8 Only for standard products, the Customer is granted the right to cancel the Order, free of charge, as long as its status has not reached the status “Order Processing”.
From the moment the Order status is “Order Processing”, if the Customer cancels the Order, the Supplier will be entitled to withhold, as a penalty, a sum equal to 15% of the total value of the Order (VAT excluded).
From the moment the Order status is “Order Complete”, it will no longer be possible to request cancellation.
3 RIGHT OF WITHDRAWAL
3.1 Under articles 52 et. Seq. of Legislative Decree 06.09.2005 n°206 (Consumer Code) and subsequent amendments, the CONSUMER may exercise his/her right to withdrawal.
3.2 A CONSUMER who, for any reason, is unsatisfied with his/her purchase, has the right to withdraw from the contact, without any penalty and without having to motivate, within 14 working days from the date of receival of the products. The right to withdrawal must be exercised through the activation of the Return Procedure established in Article 10, within the term established in Article 3.2.
3.3 The Client must send the Products to Stocksmetic, Via Gera 8/10, 20060 Gessate (MI) – Italy, within 14 days
from the date of activation of the Return Procedure.
3.4 All the return costs are charged to the CUSTOMER.
3.5 All the items will have to reach Stocksmetic in the same conditions in which they were when received by the CUSTOMER, complete with their packaging and eventual manuals and/or instruction booklets which were part of the original packaging; the return of the items with other modalities is strictly forbidden.
3.6 Stocksmetic will accept the returned goods retaining the right to assess that the products have been returned in their original status with their original packaging, that they have not been used, only allowing their handling in order to establish their nature, features and functioning; only when the aforementioned conditions are met, Stocksmetic will refund the amount payed by the CONSUMER.
3.7 By activating the return procedure, the CUSTOMER will be entitled to choose within a refund, the exchange of the item or a store credit.
4. DELIVERIES - QUANTITY
4.1. DELIVERIES
4.1.1 The customer can choose between the shipment with courier or picking up the goods at Stocksmetic’s warehouse.
4.1.2 SHIPMENT
Deliveries to the carrier are made within 7 days from the receival of the order for standard products and within 10 days for personalized products. When the carrier receives the goods, the goods travel at the customer’s own risk.
4.1.2.1 The arrival times of the goods depend on the times of transit of the shipments on the basis of their destination.
4.1.2.2 The dates of delivery and arrival of the goods are not binding and only serve as a reference for the parties. The Supplier will make sure to undertake all the reasonably possible actions to ensure that the respect the fixed terms. The fixed delivery dates are merely indicative and the delivery deadline is not essential. The SUPPLIER will not in any way be responsible for eventual delays in the delivery of the products caused by (i) force major causes as defined in Article10, or (ii) inadequate instructions for the delivery of the products of the CUSTOMER or of any other instruction relating to the sale of Products, (iii) delays of the subcontractors of Stocksmetic or of the CUSTOMER involved in the process of creation of the Products, (iiii) in case of custom products that have particular production characteristics.
4.1.3 PICK UP AT THE WAREHOUSE
The CUSTOMER will pick up the goods at Stocksmetic’s warehouse in via Gera 8/10, 20060 Gessate (Mi). In this case, the goods will be available for the CUSTOMER at Stocksmetic’s warehouse. (EXW Incoterms 2010)
4.1.3.1 The Goods will be ready for pick up within 7 days from the receival of the payment.
4.1.3.2 After the communication of availability of the goods, they will be available for pick-up every day from Monday to Friday from 15:00 p.m. to 18:00 p.m. The CUSTOMER will be charged with the expenses of any bulletin required by the courier. The warehouse will only issue the transport document. The invoice will be sent via email and will be available for the client to see in his/her reserved area.
4.1.3.3. After having received the communication of availability of the goods, the CUSTOMER must pick up the goods within and no later than 15 days. In case of delay, the delivery will be considered accomplished with the consequences established in Article 5.2.
4.1.3.4 In the event of a late pick-up with regard to the deadlines established in article 4.1.3.3, the Client will be allowed to collect the goods in exchange for the payment of a daily storage fee of 5Euros for each day of delay.
4.1.3.5 In any case, after 30 days from the date in which the communication of availability of the goods is sent, without prejudice to the provisions contained in article 4.1.3.2, the Supplier will be entitled to cancelling the Order, withholding as a penalty a sum equal to 15% of the total value of the Order (VAT excluded), without prejudice the obligation to pay the daily storage fee contained in article 3.1.3.4
In the case disciplined by article 3.1.3.4, the Supplier will make sure to refund the amount paid for the purchase of standard products, after the deduction of the penalties established by article 3.1.3.4 and 3.1.3.5. In the case of an order of personalized products (by way of example: personalized cases and labels with the logo of the client, tailor made suction devices) being annulled, the supplier will be entitled to withholding the entire amount of the price payed by the client, subsequently providing for the disposal of the products that have not been picked up within 45 days from the date of submission of the communication of availability of the goods.
In the case of a pick-up through a courier chosen by the client, the goods will be entrusted to the carrier with a transport document, without the issuing of any other document. The arrangement of any other document that may be required by the courier is a sole responsibility of the Client or the carrier.
4.2 If the SUPPLIER fails to deliver the Products, its liability will be limited to the difference between the price originally provided and the cost sustained by the CUSTOMER to obtain, at the lowest available price on the market, the same amount of substitutive products, of the same features and quality.
4.3 Irrespective of what is established in article 3.1, the terms of delivery will not be effective until the receival by the SUPPLIER of the payment made by the CUSTOMER.
4.4 QUANTITY
4.4.1The minimum quantity of Products per Order and/or Delivery is of 1 box. The number of products per box depends varies depending on the different references.
4.4.2 Each delivered and invoiced Order cannot exceed or be lower than 5%of the agreed quantity of the order. The CUSTOMER accepts this tolerance limit. Within the limits of these variations (+/-5%), the CUSTOMER it not entitled to raising any objection or complaint.
4.4.3 The CUSTOMER has to select the type of delivery (by package or pallet) when he places the order. In case of delivery by pallet the CUSTOMER must be equipped to discharge the pallet.
5 PRICE - PAYMENT
5.1 The Products are billed in accordance to the price indicated on the Website by the Supplier.
5.2 The Prices do not include the costs of preparation and packaging, the Vat and the shipping costs. The user is hereby informed that he/she can calculate the shipping costs through the specific features available on the Website.
5.3 The total price of the supply, including the shipping costs and the preparation and packaging costs, will be indicated in the "cart" section.
5.4 VAT NUMBER, CUSTOM DUTIES AND CHARGES
In case of exports towards non-EU countries, the indicated price will not include the VAT (which should be paid by the User with the methods and rates of the country of destination, upon delivery of the goods), custom charges and duties. In case of a shipment of goods towards a third country, the Business User will not be charged with the VAT. In case of shipments towards Italy, the User will in any case be charged with the VAT.
Please be aware that, pursuant to articles 4.2 and 4.3 of the Website general terms and conditions, failure to enter correct data (in particular the VAT number) will prevent the order from being fulfilled. Business Users, who do not have a VAT number (foreign companies) are hereby reminded that they must contact our customer service before making a purchase.
5.5 5 Available Payment Methods:
-Credit card (Visa and Mastercard)
-PayPal
-Bank Transfer
The above payment methods do not provide any additional costs for the Customers.
5.6 The payment will be confirmed only after the receival of the exact amount indicated in the order.
5.7 In case of a payment via bank transfer, the Supplier reserves the right to cancel the ORDER should the payment not be accredited within 10 days from the purchase date.
5.8 In the event that the payment is not received within 5 days from the order confirmation or if an incorrect amount is paid, the order will be suspended and the goods will be made available for sale to other CUSTOMERS. Stocksmetic does not guarantee the availability of the ordered goods in case of payments made beyond 5 days from the Order confirmation.
Late-paying CUSTOMERS must wait for the goods to be available again without this entailing any breach on behalf of Stocksmetic.
6 RETENTION OF TITLE - RISKS
6.1 the CUSTOMER will become the owner of the products only after the receival of the total amount of the payment. They payment is considered as fulfilled when the relative sums are available for the Supplier, in accordance with art. 4.6.
The SUPPLIER is entitled to undertaking all the available legal actions required or necessary to preserve and ensure its rights under the applicable national law.
6.2 After the goods have been consigned, under Art. 3, the risks related to the damage or loss of the products fall on the CUSTOMER.
6.3 The SUPPLIER is entitled to require the payment of the price of the products, regardless of the fact that the possession of the goods has passed to the Customer.
6.4 Any down payments made by the CUSTOMER can be retained permanently by the SUPPLIER.
7 WARRANTY
7.1 From the date of delivery up until twelve (12) months later, the SUPPLIER guarantees that the products will be:
7.1.1 in compliance with all the specifications described on the Site;
7.1.2 free from defects of materials and fabrication.
7.1.3 of satisfactory quality.
7.2 The SUPPLIER does not grant the suitability or adaptability or compatibility of the products with CUSTOMER'S needs and requirements, for the manufacturing of finished, semi-finished and intermediates products, for the incorporation of products in other products, for the use of the products with any substance.
7.3 In case of products manufactured following the Customer’s instruction, the SUPPLIER excludes any warranty concerning the violation of the rights of third parties (specifically, the violation of intellectual property rights).
7.4 It is the exclusive responsibility of the CUSTOMER to:
7.4.1 select the products in relation to the technical features of the finished products or the machinery used for their production and the production of their packages.
7.4.2 make sure that the Products ordered are suitable for the uses for which they will be employed;
7.4.3 make sure that the products are compatible with the substance that the CUSTOMER will use and with the products sold by the CUSTOMER;
7.4.4 ensure that the finished products that the CUSTOMER sells comply with the applicable regulations and laws of the country of sale.
7.4.5 ensure that the products are carefully cleaned and sterilized before the filling.
All warranties will be excluded in case of non-compliance with one or more of the points of the present article.
7.5 The CUSTOMER ensures that the custom specifications communicated to the SUPPLIER do not violate and will not violate the rights of third parties.
7.6 Any technical advice provided by the SUPPLIER, orally or in writing, does not change the fact that the CUSTOMER will have the sole responsibility to select products that are suitable for the use they are intended for, to check with all available means the compatibility and suitability of the Products (in particular, through specific tests made developed by the client or third parties) and to define specific customizing techniques for those products.
7.7 The Supplier’s warranty of the products is expressly excluded in case of:
7.7.1 Changes or alterations of the Products made by the CUSTOMER.
7.7.2 Incorrect use, irregular conservation of the products (in particular the use of the product after the expiry date and/or the violation of the instructions received from the SUPPLIER regarding the preservation of products filled with substances provided or not by the CUSTOMER)
7.7.3 Negligence or omitted custody of products by the CUSTOMER;
7.7.4 Products deterioration or wear.
7.7.5 Complaints non-compliant with the methods and time-frames established in art. 7
The warranty is expressly excluded in case of:
- shade discrepancies of the same color applied to different materials
- lack of uniformity in wooden accessories
- small irregularities in the shape of the bottles, which are considered acceptable in accordance to the AQL standards commonly used in the sector.
7.7 The CUSTOMERS commit to informing their customers, suppliers or contractors/subcontractors with adequate means about the conditions and limitations related to the conservation, deterioration/wear of products.
7.8 Within the limits established by law, any ulterior warranty is excluded with reference to what is established in the present GCS.
8. CHECKS AT ARRIVAL - COMPLAINTS
8.1 All products must be examined and checked by the CUSTOMER when the delivery takes place, in order to control the integrity of the packaging and the product. In case of damage to the packaging or products the CUSTOMER must immediately notify that to the carrier and to the SUPPLIER.
8.2 The CUSTOMER, under penalty of forfeiture, within 5 (five) working days from the receival of the goods (as provided for in Art. 7.1) should inform the SUPPLIER in writing of any defect or element of deformity of products that is recognizable after a reasonable control (obvious defects), without prejudice to any claims in respect of the carriers. The shipment will otherwise be considered as accepted by the CUSTOMER and the SUPPLIER will no longer be responsible for any possible defect and deformity of the delivered products.
8.3 If the delivered products are deformed or faulty for reasons not depending on the CUSTOMER, and the defects and divergence are not immediately recognizable after a reasonably accurate check, ("vices and hidden defects"), the CUSTOMER has to inform the SUPPLIER within three (3) working days after the discovery of the defect or non-compliance. The SUPPLIER will otherwise not respond of vices and hidden defects.
8.4 In no case the SUPPLIER will be held responsible for defects or difformities of the products recognizable or discovered after more than twelve (12) months from the date of Delivery.
8.5 The CUSTOMER as soon as a defect or an element of difformity is discovered has to take all the necessary measures, including the immediate interruption of production, in order to limit any harmful consequences that could derive from such defects.
8.6 If the CUSTOMER detects an element of difformity or a defect in the product, he/she has to activate the procedure to return the goods explained in the Art. 9.
8.7 It is intended that any variation found in the products with respect to the drawings, brochures, images published on the website and advertising (which constitute a mere reference) should not be considered a defect. The Customer will only be able to lodge a complaint when the defect or difformity element have been identified with regard to the technical sheets available on the website.
8.8 The SUPPLIER will repair or replace the defective Product within the terms necessary for the production and delivery of the new products. If the SUPPLIER does not intend or is not able to repair or replace the product, or if, for any reason, the repair or replacement is unsuccessful, the CUSTOMER can end the contract or cancel the order. A product in considered not repaired or replaced only after two repairal or replacement attempts.
The eventual right of the CUSTOMER to a compensation for damage will be subject to the terms referred to in Article 7. The CUSTOMER will keep the defective products that have been replaced at the disposal of the SUPPLIER or he/she will return them to the SUPPLIER after proper authorization, in good condition, and as far as possible in their original packaging. The costs associated with the transport of such products as well as the transport of the products delivered as replacement or after repairal will be sustained by the SUPPLIER.
The CUSTOMER will destroy all the defective products only after receiving express declaration of consent by the SUPPLIER. The operation will be carried out at the expense of the SUPPLIER, in accordance with the applicable laws and regulatory requirements for waste disposal. The CUSTOMER will have to prove the destruction of the products with a certificate of destruction.
8.9 As an alternative, under Article 3 and pursuant of Consumer Code, the Consumer may exercise his/her right to withdrawal within 14 working day from the date of the delivery.
8.10 The remedies disciplined in Articles 7 and 8.2 constitute the only available remedies for the CUSTOMER and the only and exclusive case of responsibility for the breach of warranty of the SUPPLIER referred to in Article 6.1.
8.11 It is hereby specified that the shipment of any document other than those available in the Website (certificate of conformity, technical drawers, etc.) to the CUSTOMER will take at least 30 days from the date on which the CUSTOMER has requested it.
9. LIABILITY
9.1 The liability of the SUPPLIER is not excluded in case of:
9.1.1 Intent or gross negligence;
9.1.2 Damages or death caused by intent or gross negligence of the SUPPLIER;
9.2 With no prejudice to what provided in Articles 8.1 and 8.3, and within the limits imposed by the law with regard to article 8, the liability of the SUPPLIER (arising from or in connection to the present conditions and to any order, whether contractual or non-contractual, in accordance to law or to any other title, for any reason, and/or resulting from the violation, omission or delayed implementation of any debt borne by the SUPPLIER within the meaning of the conditions or the order and/or any defect in the products) is limited to the price of the products from which such liability has originated.
9.3 Within the limits of what is established by Article 8.1, the SUPPLIER is not in any way liable to the CUSTOMER under contractual or non-contractual liability for any damages including, by way of example:
9.3.1 The loss of components and costs of production of finished, semi-finished or intermediates products of the CUSTOMER
9.3.2 The costs sustained by the CUSTOMER to obtain substitutive products;
9.3.3 Loss of profit;
9.3.4 Impairment of goodwill;
9.3.5 Reputational damage;
9.3.6 Third-party claims against the CUSTOMER or other compensation or sums payed by the CUSTOMER to its customers;
9.3.7 Incidental or consequential damages caused or arising from responsibility within the meaning of Article 7.2.
9.3.8. Damage and liability for defective product requested by consumers and final buyers. In this case, the CUSTOMER will be the only subject responsible for the compliance with the current regulations and with the marketing of the finished products that incorporate semi-finished products.
9.4 The CUSTOMER releases the Provider from all costs, expenses, allowances, damages, whether direct or indirect, and all consequential damages, which include the actual loss, the loss of profit, the impairment of goodwill, damages, claims, demands, legal and procedural costs and convictions incurred by the Supplier as a consequence of a violation of the present GCS.
10. RETURNED GOODS
10.1 To return the goods CUSTOMERS should apply for authorization from their account page the within 5 (five) working days after receiving the shipment (as provided for in Art. 7.1) in case of defect or divergence of products that is recognizable to a reasonable control (obvious defects) or within 3 (three) working days after the discovery of any defects and divergence that are not immediately recognizable at a reasonably accurate check, ("vices and hidden defects"):
Login with their account and go to the section "My Orders"
Select the order they want to return and click on "View order"
Check that the given information is correct and click on "Request Return", in the top right corner of the page.
Fill in the form that is shown, specifying in the notes which of the articles they would like to return and whether they prefer a return with refund, the change of the items or the creation of a credit note to use for future purchases.
10.2 Alternatively, in the case of obvious defects they can send a request within 5 (five) working days directly via e-mail to the address [email protected] indicating the order number (provided in your order confirmation email), name and surname they used to place the Order. In case of hidden defects such request should be forwarder within 3 working days after a defect or element of deformity has been found.
10.3 After the receival of a request of return, Stocksmetic S.p.a. will send a written confirmation to the CUSTOMERs, containing the Return Authorization Number (R.A.N.). The return must be made using the waybill attached to the e-mail; The CUSTOMERS will also have to indicate the Return Authorization Number (R.A. N.) outside of the box
10.4 In case of defective products or the exchange of goods with an equal or greater value, the return shipment will be FREE (Initially charged to the CUSTOMER and later refunded)
10.5 In case of an exchange of non-defective goods or an exchange with products of a lower value, the delivery will be charged to the Customer.
10.6 In any case, any customs duties will be charged to the Customer. The customs duties will be charged differently depending on the return procedure chosen by the Customer in the form mentioned in art. 10.1:
- return with refund: Stocksmetic reserves the right to withhold the amount of customs duties from the refund amount;
- change of the items: Stocksmetic will charge the amount of customs duties to the new item change order;
- credit note: Stocksmetic reserves the right to withhold the amount of customs duties from the amount of the returned order.
10.76 The return of the items must be sent to Stocksmetic’s headquarters in Gessate (MI), Via Gera 8/10, within 10 days from the receival of the R.A.N.
The items must be returned in the same condition they were received by the Customer, unused and in their original packaging.
10.87 Any request for the return or replacement of suction devices will not be accepted, as these products are customized according to the size of the bottle jointly sold.
10.98 No request for return or replacement of goods will be accepted in case of a request for additional documents other than those available on the website before the deadline set out in art. 7.10.
10.10 No request of return or replacement of goods will be accepted, for any reason, for the sample items ordered by the Customer.
11. FORCE MAJEURE
11.1 In case of Force Majeure or Fortuitous event the SUPPLIER has the right to cancel the order, to suspend its execution or postpone the delivery data, without entailing any right for the Customer to ask for compensation, delete or entrust third parties with the execution of the Order. The term force majeure refers to all events beyond the control of the SUPPLIER that objectively prevent him from delivering the goods.
Example of majeure force: technical failure, suspension of the provision of electricity, water, natural gas or fossil fuels, strikes, at the production plant - also of third parties - where the products are actually manufactured, sudden deficiencies and unavailability of raw materials. In addition to this, strikes in the transport sector, delays in the arrival of ships, airplanes and means of transport of any kind, regardless of cause; revolts, riots, wars or revolutions that have occurred or will take place in the countries of production of the goods or in any of the countries in which the goods need to transit in order to reach the place of delivery.
11.2 The SUPPLIER will promptly inform the CUSTOMER and will try to find a solution with him in case of a force majeure event.
In case of an event of force majeure which makes the execution of the order impossible or commercially and economically disadvantageous for more than 6 (six) months, the SUPPLIER has the right to resolve the contract, and nothing is due to the CUSTOMER.
12. CONFIDENTIALITY
11.1 For the entire duration of the collaboration with the Supplier and for a period of minimum 5 years from the date of delivery of the last order, the CUSTOMER accepts to keep all the information provided to him/her orally, in writing write or in any other form during the negotiation and when an order was placed strictly confidential.
12.2 The obligation of confidentiality does not extend to publicly available information or information that has become such for causes other than a breach of the confidentiality obligations imposed on the customer, which were legitimately disclosed by third parties, and to the extent that the CUSTOMER is obliged to disclose such information pursuant to a provision of law or an administrative or judicial order.
13. INTELLECTUAL PROPERTY
13.1 The SUPPLIER does not transfer to the CUSTOMER any know-how or right of intellectual property in relation to the customized products.
13.2 The Client will be able to customize the Products inserting any image or message to his/her liking on condition that such images/messages:
- are not contrary to currently in force laws in Italy, the country of residence of the Customer or the country of destination of the products;
- are not contrary to public order/decency;
- are not contrary to decorum and moral;
- do not contain material relative to racial, sexual and religious discrimination;
do not violate any right of intellectual and/or industrial property of third parties.
It is specifically forbidden to the client to reproduce any figurative or word mark, ornamental designs or models, graphic signs, which are protected by third parties’ exclusive rights.
The client will hold harmless and indemnify the Supplier against any loss, claims and expenses, including legal expenses related to claims, proceedings, dispute which may be presented by third parties with regard to alleged violations of any of their rights (in particular, for unfair competition and the violation of intellectual property
rights) in relation to products fabricated by the SUPPLIER in conformity to the specifics of customization indicated by the CUSTOMER.
13.3 Unless explicitly prohibited by the CUSTOMER in writing, regardless of the existence of any intellectual property rights reserved for the CUSTOMER related to finished products incorporating the Products and/or related components of these finished products, the SUPPLIER will be able to expose in all public events such as, by way of example, fairs, events, exhibitions, and/or commercial documents and advertising, the finished products of the CUSTOMER incorporating Products and/or products manufactured for the CUSTOMER. The exhibition of the finished products of the CUSTOMER will be strictly functional and aimed at being used for the promotion of the products of the SUPPLIER.
14. INDEMNITY CLAUSES
The CUSTOMER expressly declares that the images and texts sent though the specific function of the website for the customization of the products:
- are not in violation of any currently in force law, in Italy, in the country of residence of the CUSTOMER or in the Country of destination of the products;
- are not contrary to the public order and common decency;
- do not contain material pertinent to racial, sexual and religious discrimination;
- do not violate any of the rights to intellectual and industrial property of third parties;
14.2 The CUSTOMER will release and indemnify the SUPPLIER against any loss, costs, demands and expenses, including legal expenses, related to claims, proceedings or disputes present by third parties in relation to the alleged violation of any of their rights (specifically, with regard to unfair competition and the violation of intellectual property rights) in relation to products made by the SUPPLIER in conformity with the details of customization indicated by the CUSTOMER according to articles 12 and 13.1.
15. TREATMENT OF PERSONAL DATA
Please refer to what is provided in the general conditions section of the site.
16. APPLICABLE LAW - JURISDICTION
14.1 The GCS and the contracts respecting the GCS are governed and construed in accordance with Italian law.
14.2 Any dispute relating to the application, execution, interpretation and breach of contracts of purchase stipulated through the site is subject to the jurisdiction of the Court where the consumer has domicile.
These Sales terms and conditions were updated on 25/10/2021
For the purposes of Art. 1341-1342 Civil Code the CUSTOMER expressly and separately agrees with all the clauses contained in the articles: 3 (RIGHT OF WITHDRAWAL), 4 (DELIVERIES - QUANTITY) 6 (RETENTION OF TITLE - RISKS), 7 (WARRANTY), 8 (CHECKS AT ARRIVAL - COMPLAINTS), 9 (LIABILITY), 10 (RETURNED GOODS), 13 (INTELLECTUAL PROPERTY), 14 (INDEMNITY CLAUSES )and 16 (APPLICABLE LAW - JURISDICTION).
