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Home – Terms of sale

Terms of Sale

Recitals:

  • These terms and conditions of sale (hereinafter “terms and conditions”) govern the distance purchase of products made available via the internet through the website shop.stagnoligears.com (hereinafter “the Site“) in compliance with Italian legislation regarding distance contracts (Legislative Decree 70/2003);
  • The site is owned by Stagnoli T.G. S.r.l (hereinafter “Stagnoli T.G. S.r.l”), with registered office at Via Mantova trav. 1, n. 105, Lonato del Garda (BS), VAT No. 02011390982. It is dedicated to the retail sale of gears and transmission components made of technopolymer;
  • Stagnoli T.G. S.r.l complies with the regulations on distance contracts as per Art. 50 et seq. of Legislative Decree 206/2005 and Legislative Decree 70/2003, including subsequent amendments and additions. Distance contracts concluded with Stagnoli T.G. S.r.l through the site are governed by these terms and conditions in accordance with Italian law;
  • Before submitting an order, the buyer (hereinafter “Buyer“) is required to read these terms and conditions carefully, which have been made available on the Site to allow for reproduction and storage.

Art. 1 – Recitals
The recitals constitute an integral part of these Conditions of Sale.

Art. 2 – Definitions
The term “online sales contract” refers to the purchase agreement for tangible movable goods of Stagnoli T.G. S.r.l, stipulated between the company and the Buyer within a remote/online sales system using electronic tools. The term “Buyer” refers to the natural or legal person performing the purchase under this contract.

Art. 3 – Object of the Contract
Stagnoli T.G. S.r.l sells, and the Buyer purchases via an online/distance sales contract through the internet, the products selected and ordered by the Buyer from those listed in the electronic catalog on the site shop.stagnoligears.com and available at the time of order acceptance.

Art. 4 – Methods of Concluding the Contract
The contract between Stagnoli T.G. S.r.l and the Buyer is concluded exclusively via the internet by the Buyer accessing the address shop.stagnoligears.com, where, following the indicated procedures, the Buyer will formalize the purchase request for the goods referred to in point 2 of the Recitals to the Contract. The contract is considered concluded and binding for both parties after the accurate completion of the request form and the Buyer’s consent to the purchase, followed by Stagnoli’s confirmation of the purchase request. Therefore, the completion of the order occurs after the message of acceptance of said order is sent by Stagnoli to the Buyer at the provided email address. The contract is not considered completed or effective between the parties in the absence of what is indicated in the previous point. In the event of any unpredictable stock depletion due to unforeseen factors and/or other causes, Stagnoli T.G. S.r.l undertakes to promptly notify the Buyer via email regarding the unavailability of the product and to refund, or in any case not charge, the corresponding price to the Buyer, or alternatively to inform the Buyer of the waiting times to obtain the chosen item, asking whether they intend to confirm the order or not. Stagnoli T.G. S.r.l reserves the right not to accept incomplete and/or improperly completed purchase orders, notifying the Buyer via email at the address provided by the Buyer and/or through a web screen.

Art. 5 – Buyer Obligations
The Buyer undertakes to review and accept these terms and conditions. Once the online purchase procedure is completed, the Buyer undertakes to print and/or store these terms and conditions, which they will have already viewed and accepted as a mandatory step in the purchase process. This is done to fully satisfy the condition set forth in articles 52 and 53 of Legislative Decree 206/05 and subsequent amendments and additions. The Buyer is strictly prohibited from entering false and/or invented data in the registration procedure required to activate the process for the execution of this sales agreement and related further communications. Personal data and the email address must correspond exclusively to the Buyer’s own personal data and not to those of third parties. The Buyer declares that they are of legal age.

Art. 6 – Delivery Times and Methods
Stagnoli T.G. S.r.l assumes the obligation to deliver the products selected and ordered by the Buyer to the location indicated by them via courier. Deliveries are only possible within the Italian territory, San Marino, Vatican City, and European countries. Deliveries take place, indicatively, within a term of 3 working days for Italy and 5 working days for the rest of the European community (excluding customs for non-EU countries and possible delays for disadvantaged areas). These terms run from the end of the purchase order processing, communicated via specific notice by Stagnoli T.G. S.r.l. The terms remain suspended during Saturdays, Sundays, and public holidays.

Art. 7 – Returns for Transport Damage

  1. In the event that the Buyer finds any external damage to the packaging or a discrepancy in the number of packages, they must immediately place a written “control reserve” on the Courier’s proof of delivery or refuse acceptance of the damaged package, writing the reason in pen on the waybill that the Courier requires to be signed upon receipt of delivery. A Buyer who has accepted the package with a control reserve and subsequently finds damage to the product must, within 14 days of delivery, report the damage by sending an email to the dedicated address shop.assistant@stagnoli.com. The Buyer must specify the reason for the report as well as the purchase order number and fiscal documentation;
  2. In the event that the Buyer finds damage to the product due to transport that was not visible from the outside, or a discrepancy in the number of products received, they must report the damage — in the first case within 14 days of discovery and in the second case within 14 days of delivery — by sending an email to the certified email address shop.assistant@stagnoli.com. The Buyer must specify the reason for the report as well as the purchase order number and fiscal documentation;

If the Buyer does not act in the manner and within the timeframes indicated in points 1 and 2 of this article, they will lose the rights to replacement or refund. Following the report submitted by the Buyer, Stagnoli T.G. S.r.l. will proceed to replace the damaged product. If, for any reason, Stagnoli T.G. S.r.l is unable to replace the product, it may proceed with a refund of the entire amount paid or its replacement with a product of equal or higher value in agreement with the Buyer.

Art. 8 – Reporting Defects and Legal Warranty
Stagnoli T.G. S.r.l is obliged to deliver goods to the buyer that conform to the sales contract and is liable to the Buyer for any lack of conformity existing at the time of delivery of the goods. Products are covered by a two-year legal warranty for lack of conformity in accordance with articles 128, 129, 130, 131, 132, 134, and 135 of Legislative Decree 206/2005 and subsequent amendments and additions. This warranty is reserved for the consumer as defined by Legislative Decree 206/2005 and subsequent amendments and additions. The buyer forfeits the warranty if they do not report the lack of conformity to the seller within 2 months from the date on which they discovered the defect. The legal warranty only covers the replacement of the good that does not conform to the sales contract. The warranty does not apply if the reported defects result from incorrect storage, handling, use, or transport of the product by the consumer, or in the event of failure to comply with the manufacturer’s instructions provided on the product label. Likewise, the warranty does not apply whenever the defect is attributable to the consumer’s negligent or willful conduct or depends on other causes not related to the production and transport of the product to the consumer’s home. In the event that the Buyer finds lack of conformity, they must report the damage within 2 months from the date of discovery of the defect by sending an email to the certified email address shop.assistant@stagnoli.com. The Buyer must specify, in addition to the reason for the report, the purchase order number and fiscal documentation. In the event of a lack of conformity, duly reported within the prescribed terms, the Buyer shall be entitled to the replacement of the product within a reasonable period, unless the remedy itself is objectively impossible or excessively burdensome; secondarily, the Buyer shall be entitled to a price reduction or termination of the contract. A lack of conformity of minor importance, for which it was not possible or was excessively burdensome to pursue the remedies of repair or replacement, does not grant the right to terminate the contract. Stagnoli T.G. S.r.l reserves the right to verify the existence of the lack of conformity and reserves the right to inform the buyer if it will arrange for the collection of the defective product at the buyer’s home. The operational times for completing activities related to the activation of the warranty are variable and are determined by the type of product and the nature of the defect. Stagnoli T.G. S.r.l shall never, under any circumstances, be burdened with costs arising from any delays in the delivery of the replaced product or the refund of the price. In any case, except for exceptional circumstances, the replacement will be carried out within 60 days of the delivery of the defective product to Stagnoli T.G. S.r.l. Otherwise, the Buyer may pursue one of the alternative remedies provided by law (termination of the contract or reduction of the price paid, taking into account any use of the item).

Art. 9 – Right of Withdrawal
Pursuant to the law, the Buyer may exercise the right to withdraw from the contract without specifying a reason and without paying any penalty within a term of 14 days. This period begins from the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, acquires physical possession of the last good, provided that the information obligations set forth in Art. 52 of Legislative Decree 206/2005 and subsequent amendments have been met. The right of withdrawal must be exercised by the Buyer by sending a communication to the certified email address shop.assistant@stagnoli.com. The communication must include the Buyer’s name, address, purchase order number, the intent to withdraw from the purchase, and the product or products for which the right of withdrawal is being exercised. Furthermore, the Buyer must attach a copy of an identity document, a copy of the fiscal purchase documentation, and provide both a telephone number for contact and the bank details (IBAN) for receiving the refund. To meet the withdrawal deadline, it is sufficient to send the communication regarding the exercise of the right of withdrawal before the withdrawal period expires. Upon receipt of the withdrawal notice, Stagnoli T.G. S.r.l will provide the Buyer with the address for shipping the returned products and the return authorization. The Buyer must ship the product, carefully packed in its original packaging and complete with all original contents, to the communicated address. Shipping must be carried out via a courier selected by Stagnoli within 14 days of the withdrawal communication. For the purposes of meeting the deadline, the goods are considered returned at the moment they are delivered to the selected courier. Upon receipt of the products, or until the Buyer has demonstrated that they have sent the goods back (whichever occurs first), Stagnoli T.G. S.r.l will refund the amount paid. The expenses incurred by the Buyer for returning the products to Stagnoli T.G. S.r.l are borne by the Buyer. The integrity of the goods to be returned is an essential condition for exercising the right of withdrawal. Stagnoli T.G. S.r.l will refund the sums paid within 14 days of being informed of the Buyer’s decision to withdraw, using the same payment method used for the initial transaction unless otherwise expressly agreed. The refund may be suspended until the goods are received or until the Buyer demonstrates that they have shipped the goods.

Art. 10 – Prices
All sales prices of the products displayed and indicated on the site shop.stagnoligears.com constitute an offer to the public pursuant to Art. 1336 of the Italian Civil Code. The Buyer shall pay Stagnoli T.G. S.r.l the price indicated in the online catalog at the moment the order is placed. This price is expressed in Euros and includes VAT. Shipping costs, where applicable to the Buyer, will be applied according to the prices indicated in the specific section of the website shop.stagnoligears.com, which the Buyer reviews before placing the order. Product prices may be updated and may therefore undergo daily variations.

Art. 11 – Shipping Fee Contribution
Shipments will be managed by Stagnoli T.G. S.r.l on behalf of the customer. The cost will be charged to each order based on a calculation that accounts for the dimensions and the destinations of individual shipments. For orders exceeding certain values, Stagnoli reserves the right to bear the transport costs and not charge the customer any shipping fees.

Art. 12 – Liability
Stagnoli T.G. S.r.l assumes no liability for service disruptions attributable to force majeure of any nature or kind, in the event it is unable to execute the contract within the agreed timelines. Force majeure events include, by way of example but not limited to, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, and other similar events, as well as measures taken by Public Authorities, strikes by its own employees or the carriers used by Stagnoli T.G. S.r.l, and any other circumstance beyond the latter’s control. Without prejudice to the provisions of Art. 8 of E.U. Directive 97/7 and Art. 56 of Legislative Decree 206/2005 and subsequent amendments and additions, Stagnoli T.G. S.r.l assumes no liability for any fraudulent use by third parties of the credit card data provided by the Buyer. Stagnoli T.G. S.r.l shall not be held responsible, except in cases of willful misconduct or gross negligence, for service disruptions or malfunctions related to the use of the Internet outside its own control or that of its sub-suppliers. Furthermore, Stagnoli T.G. S.r.l shall not be liable for damages, losses, and costs suffered by the Buyer as a result of the failure to execute the contract for reasons not attributable to the Buyer, as the Buyer is only entitled to a full refund of the price paid and any incidental costs incurred.

Art. 13 – Payment and Invoicing Methods
The Buyer shall pay for the ordered products using the following methods: credit card (including prepaid cards), digital wallet, and/or PayPal. The credit cards accepted by Stagnoli T.G. S.r.l are: Visa, American Express, Mastercard, and Maestro. Once the payment method is selected, the Buyer will be directed to the relevant site to perform the transaction and complete the payment. The payment will include shipping costs, where applicable to the Buyer, according to the terms of the offer published on the site shop.stagnoligears.com (for more information, consult the dedicated page). Stagnoli T.G. S.r.l will send the invoice via certified electronic mail (PEC) only to Buyers registered with a VAT number who have requested it by checking the appropriate box on the checkout page. For all others, the order confirmation email serves as proof of the order. For the issuance of the fiscal document, the information provided by the Buyer at the time of the order shall prevail. No changes will be possible after the fiscal document has been issued. To this end, the Buyer undertakes to carefully verify the data entered at the time of the order, as it will be used for accounting records.

Art. 14 – Contract Termination and Express Termination Clause
The obligations assumed by the Buyer under Art. 5 above (Buyer Obligations), as well as the guarantee of successful payment to be made by the Buyer, are of an essential nature. Consequently, by express agreement, the failure of the Buyer to fulfill even one of said obligations shall result in the automatic termination of the contract de jure pursuant to Art. 1456 of the Italian Civil Code, without the need for a judicial ruling. This is without prejudice to the right of Stagnoli T.G. S.r.l to take legal action for the recovery of further damages.

Art. 15 – Security
Online transactions via credit card and PayPal are carried out on their respective sites through secure servers that adopt the SSL (Secure Socket Layer) protection system. This protocol allows for communication in a manner designed to prevent the interception, modification, or falsification of information. Stagnoli T.G. S.r.l never comes into possession of the data related to the Buyer’s credit cards or PayPal account.

Art. 16 – Modifications
Stagnoli T.G. S.r.l reserves the right to vary these terms and conditions at any time by publishing the updated version from time to time on the site shop.stagnoligears.com. Any new clauses shall be effective for purchases made subsequent to the date of the modification.

Art. 17 – Applicable Law
The present contract is governed by Italian Law. For matters not expressly provided for herein, these terms and conditions refer to Legislative Decree 206/05 and subsequent amendments and additions.

Art. 18 – Jurisdiction
Any dispute relating to the application, execution, or interpretation of this contract entered into online through the site shop.stagnoligears.com is subject to Italian jurisdiction. For disputes arising between the Parties in relation to this contract, the court of the place of residence or domicile of the Buyer shall have jurisdiction, provided they are located within the territory of the Italian State.

Art. 19 – Privacy Protection and Treatment of Buyer Data
Stagnoli T.G. S.r.l, as an independent data controller of the Buyer’s data, protects the privacy of its customers and guarantees that data processing complies with the provisions of the privacy legislation under Legislative Decree 196/2003, as integrated by EU Regulation 679/2016 and Legislative Decree 101/2018. The personal and fiscal data acquired directly and/or through third parties by Stagnoli T.G. S.r.l, independent data controller, are collected and processed in paper, computer, and electronic form. This is done in relation to the processing methods with the purpose of registering the order and activating the procedures for the execution of this contract and the relative necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow for effective management of commercial relations to the extent necessary to best perform the requested service (Art. 24, paragraph 1, lett. b, Legislative Decree 196/2003 and Art. 6 of EU Regulation 679/2016). Stagnoli T.G. S.r.l undertakes to treat the data and information transmitted by the Buyer with confidentiality and not to disclose them to unauthorized persons, nor use them for purposes other than those for which they were collected or transmit them to third parties. Such data may be produced only upon request of the Judicial Authority or other authorities authorized by law. Personal data will be communicated, following the signing of a data confidentiality commitment, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively within the scope of that purpose. Regarding your personal data, we inform you that you may exercise the rights provided for by Art. 15 et seq. of EU Regulation 679/2016, as well as by Art. 7 of the Privacy Code, as integrated by Legislative Decree 101/2018, as listed below:

1) Access to the following information:

  • Purposes of the processing;
  • Categories of personal data in question;
  • Recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular if recipients are in third countries or international organizations;
  • The existence of the data subject’s right to request from the data controller the rectification or erasure of personal data or the restriction of the processing of personal data concerning them or to object to such processing;

2) Rectification: that is, the correction of inaccurate personal data concerning them without undue delay, and the integration of incomplete personal data, including by providing a supplementary statement;

3) Erasure of data concerning them without undue delay, if:

  • the data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
  • consent is withdrawn and there is no other legal ground for the processing;
  • you object to the processing and there are no overriding legitimate grounds for the processing;
  • the personal data have been unlawfully processed;
  • the personal data must be erased for compliance with a legal obligation;
  • the personal data have been collected in relation to the offer of information society services;

4) Restriction of processing:

  • if you contest the accuracy of the personal data, for the period necessary for the data controller to verify the accuracy of such personal data;
  • when the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
  • when the personal data are required by the data subject for the establishment, exercise, or defense of legal claims, even if the controller no longer needs them for processing purposes;
  • if you object to the processing by virtue of the right to object;

5) Receive notification in the event of rectification or erasure of personal data or restriction of processing;

6) Data portability: namely, the right to receive the personal data concerning them in a structured, commonly used, and machine-readable format, and the right to transmit those data to another data controller, provided that the processing is based on the express consent of the data subject for one or more specific purposes or occurs by reason of a contract signed with the data subject, and the processing is carried out by automated means;

7) Objection at any time, for reasons related to your particular situation, to the processing of personal data concerning you. You have the right to lodge a complaint with a supervisory authority if you believe that the rights indicated here have not been recognized. To exercise the aforementioned rights, you may contact the Data Controller by sending an email to shop.assistant@stagnoli.com. For any other general communication, the Buyer should refer to the email address: shop@stagnoli.com. The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. In its absence, the Buyer’s request cannot be processed. In any case, the acquired data will be stored for a period of time no longer than necessary for the purposes for which they were collected or subsequently processed. Their removal will nonetheless take place in a secure manner. Further information on the privacy & cookie policy adopted on the site can be found in the specific Privacy and Cookies sections.

Art. 20 – Contract Archiving Methods
Pursuant to Art. 12 of Legislative Decree 70/2003, Stagnoli T.G. S.r.l informs the Buyer that every order submitted is stored in digital form at the headquarters of Stagnoli T.G. S.r.l according to criteria of confidentiality and security.