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Home – Terms and conditions of sale

Terms and Conditions of Sale

Preliminary Recitals

  • These terms and conditions of sale (hereinafter, the “Terms and Conditions”) govern the remote purchase of products made available via the internet through the website shop.stagnoligears.com (hereinafter, the “Site”), in compliance with Italian legislation on distance contracts (Legislative Decree No. 70/2003);
  • The website is owned by Stagnoli (hereinafter, “Stagnoli”), with registered office at Via Mantova trav. 1, No. 105, Lonato del Garda (BS), Italy, VAT No. 02011390982, and is dedicated to the retail sale of gears and transmission components made of technopolymer;
  • Stagnoli complies with the legislation governing distance contracts set out in Articles 50 et seq. of Legislative Decree No. 206/2005 and Legislative Decree No. 70/2003, as amended and supplemented from time to time. Distance contracts concluded with Stagnoli through the website are governed by these Terms and Conditions in accordance with Italian law;
  • Prior to submitting an order, the purchaser (hereinafter, the “Purchaser”) is required to carefully read the Terms and Conditions made available on the Site, which are provided in a manner allowing for their reproduction and storage.

Art. 1 – Recitals

The above recitals form an integral part of these Terms and Conditions.

Art. 2 – Definitions

The term “online sales contract” means the contract of sale relating to Stagnoli’s tangible movable goods, entered into between Stagnoli and the Purchaser within an online/distance sales system using telematic means. The term “Purchaser” means the natural or legal person making the purchase under this contract.

Art. 3 – Subject Matter of the Contract

Under an online/distance sales contract concluded via the internet, Stagnoli sells and the Purchaser purchases the products selected and ordered by the Purchaser from among those listed in the electronic catalogue on the website shop.stagnoligears.com and available at the time the order is accepted.

Art. 4 – Formation of the Contract

The contract between Stagnoli and the Purchaser is signed exclusively via internet, through the Purchaser’s access to shop.stagnoligears.com, where, by following the procedures, the Purchaser formalizes the request to purchase the goods referred to in point 2 of the Preliminary Recitals.

The contract is deemed concluded, and binding on both parties, only upon (i) correct completion of the order form and the Purchaser’s consent to purchase, and (ii) Stagnoli’s confirmation of the purchase request. The order is therefore finalized upon Stagnoli’s dispatch of an order-acceptance message to the e-mail address provided by the Purchaser.

The contract shall not be deemed concluded or effective between the parties absent the foregoing. In the event of unforeseeable stock shortages due to unpredictable factors and/or other causes, Stagnoli undertakes to promptly notify the Purchaser by e-mail of the unavailability of the product and to refund, or in any event not charge, the corresponding price, or to inform the Purchaser of the expected waiting time for the chosen item and ask whether the Purchaser wishes to confirm the order.

Stagnoli reserves the right not to accept incomplete and/or improperly completed purchase orders, giving notice thereof by e-mail to the address provided by the Purchaser and/or by an on-screen message.

Art. 5 – Purchaser’s Obligations

The Purchaser undertakes to review and accept these Terms and Conditions. Upon completion of the online purchase procedure, the Purchaser undertakes to print and/or retain these Terms and Conditions, which the Purchaser will already have reviewed and accepted as a mandatory step of the purchase, in order to fully satisfy the requirements of Articles 52 and 53 of Legislative Decree No. 206/2005, as amended.

The Purchaser is strictly prohibited from entering false and/or fictitious data in the registration process required to activate the procedure for performance of this sales agreement and related communications. The personal data and e-mail address provided must correspond exclusively to the Purchaser’s own data and not to that of any third party.

Art. 6 – Delivery Times and Procedures

Stagnoli undertakes to deliver to the Purchaser, at the location indicated by the Purchaser and by courier, the products selected and ordered. Deliveries are made exclusively within Italian territory, the Republic of San Marino, Vatican City, and other European countries. Deliveries are made, indicatively, within 3 business days for Italy and 5 business days for the rest of the European Community (subject to customs clearance for non-EU countries and possible delays for hard-to-reach areas). Such time limits run from completion of processing of the purchase order, as notified by Stagnoli. Time limits are suspended on Saturdays, Sundays, and public holidays.

Art. 7 – Returns for Transport Damage

1. If the Purchaser notices external damage to the packaging, or a discrepancy in the number of parcels, the Purchaser must immediately record a written inspection reservation on the courier’s proof of delivery, or refuse acceptance of the damaged parcel and note the reason in writing on the waybill that the courier requires to be signed upon delivery. A Purchaser who accepted a parcel subject to such an inspection reservation and subsequently discovers damage to the product must, within 14 days of delivery, request replacement or reimbursement through the applicable procedure (see the Shipping and Returns section).

2. If the Purchaser notices damage to the product caused by transport that is not visible from the outside, or a discrepancy in the number of products received, the Purchaser shall request replacement or reimbursement through the applicable procedure (see the Shipping and Returns section).

Should the Purchaser fail to act in the manner and within the time limits set out in points 1 and 2 above, the Purchaser shall forfeit the right to replacement or reimbursement.

Following a claim submitted by the Purchaser, Stagnoli shall replace the damaged product. Should Stagnoli, for any reason, be unable to replace the product, Stagnoli may refund the full amount paid or, by agreement with the Purchaser, replace it with a product of equal or greater value.

Art. 8 – Notice of Defects and Legal Warranty

Stagnoli is obliged to deliver goods that conform to the sales contract and is liable to the Purchaser for any lack of conformity existing at the time of delivery.

The products are covered by the two-year legal warranty for lack of conformity pursuant to Articles 128, 129, 130, 131, 132, 134, and 135 of Legislative Decree No. 206/2005, as amended and supplemented. The warranty is reserved to consumers as defined under Legislative Decree No. 206/2005, as amended and supplemented. The Purchaser forfeits the warranty if the lack of conformity is not reported to the seller within 2 months from the date on which the defect was discovered.

The legal warranty covers solely the replacement of goods that do not conform to the sales contract. The warranty does not apply where the reported defects result from improper storage, handling, use, or transport of the product by the consumer, or from failure to comply with the manufacturer’s instructions shown on the product label. Likewise, the warranty does not apply where the defect is attributable to the wrongful or intentional conduct of the consumer/Purchaser, or arises from causes unrelated to the production or transport of the product. Furthermore, Stagnoli provides no warranty of any kind, express, implied, or statutory, as to the products’ fitness for a particular purpose or compatibility with the Purchaser’s tools, equipment, or other property.

Notice of lack of conformity must be given by the Purchaser by e-mail to shop.assistant@stagnoli.com. The Purchaser must state the reason for the claim together with the order number and the relevant tax documentation.

Stagnoli reserves the right to verify the existence of the lack of conformity and to inform the Purchaser whether it will arrange collection of the defective product from the Purchaser’s address. The time required to complete the warranty process varies depending on the type of product and the nature of the defect. In any event, except in exceptional circumstances, replacement shall be carried out within 60 days of receipt of the defective product by Stagnoli.

Art. 9 – Right of Withdrawal

Pursuant to applicable law, the Purchaser may withdraw from the contract without giving any reason and without payment of any penalty, within 14 days from the day on which the Purchaser received the goods, provided that the information obligations set out in Article 52 of Legislative Decree No. 206/2005, as amended, have been fulfilled. The right of withdrawal must be exercised by the Purchaser using the dedicated function available on the shop.stagnoligears.com website. Upon receiving the request, Stagnoli will send a communication accepting the withdrawal, together with instructions for return and refund. The Purchaser must ship the product carefully packaged, if possible in its original packaging, intact and complete with everything originally contained therein, to the address provided. Products must be returned in the same condition in which they were received, unused and free of signs of wear or alteration; failing this, Stagnoli reserves the right to refuse the return. Shipment by the Purchaser must be made through the courier selected by Stagnoli, within 14 days of the withdrawal confirmation. Upon receipt of the products, Stagnoli will assess the conformity of the return and shall refund the Purchaser the amount paid. For purposes of meeting this deadline, the goods are deemed returned at the moment they are handed over to the selected courier.

Art. 10 – Prices

All sale prices are exclusive of shipping costs and Value Added Tax (VAT), which are calculated separately. Shipping costs, where borne by the Purchaser, shall be applied in accordance with the prices indicated in the dedicated section of the shop.stagnoligears.com website, which the Purchaser will have reviewed prior to placing the order. VAT is applied in accordance with applicable law. Product prices may be updated by Stagnoli at any time.

Art. 11 – Contribution to Shipping Costs

Shipments will be arranged by Stagnoli on behalf of the customer. The cost will be charged on each order, calculated by reference to the size and destination of each shipment.

For orders exceeding €100, Stagnoli reserves the right to bear the shipping cost itself and not charge the customer any amount.

Art. 12 – Liability

Stagnoli assumes no liability for service failures attributable to force majeure of any kind, where it is thereby unable to perform the contract within the agreed time.

Force majeure events include, by way of example and not limitation, accidents, explosions, fires, strikes and/or lock-outs, earthquakes, floods and similar events, measures adopted by public authorities, strikes by Stagnoli’s own employees or by the carriers it engages, and any other circumstance beyond Stagnoli’s control.

Without prejudice to Article 8 of EU Directive 97/7/EC and Article 56 of Legislative Decree No. 206/2005, as amended and supplemented, Stagnoli assumes no liability for any fraudulent use by third parties of credit card data provided by the Purchaser. Except in cases of wilful misconduct or gross negligence, Stagnoli shall not be liable for service failures or malfunctions connected with use of the Internet that are beyond its control or that of its sub-suppliers.

Stagnoli shall furthermore not be liable for any damages, losses, or costs incurred by the Purchaser as a result of non-performance of the contract due to causes not attributable to Stagnoli, the Purchaser being entitled only to a full refund of the price paid and of any ancillary costs incurred.

Art. 13 – Payment Terms and Invoicing

The Purchaser shall pay for the products ordered by the following methods: credit card (including prepaid cards) and/or digital wallet and/or PayPal. The credit cards accepted by Stagnoli are: Visa, American Express, Mastercard, and Maestro. Once the payment method has been selected, the Purchaser will be redirected to the relevant site to complete the transaction.

Payment shall include the shipping contribution, where applicable and borne by the Purchaser, in accordance with the offer published on the shop.stagnoligears.com website (see the relevant page for further information).

Stagnoli will send a digital copy of the invoice to the e-mail address provided by the Purchaser at the time of registration.

For all other purchasers, the order confirmation e-mail shall serve as proof of purchase. The information provided by the Purchaser when placing the order shall be relied upon for issuance of the tax document. No amendment shall be possible once the tax document has been issued. The Purchaser therefore undertakes to carefully verify the information entered when placing the order, as it will be used for accounting purposes.

Art. 14 – Termination of the Contract and Express Termination Clause

The obligations undertaken by the Purchaser under Article 5 above (Purchaser’s Obligations), together with the guarantee of successful completion of payment by the Purchaser, are of essential character. Accordingly, by express agreement, the Purchaser’s failure to perform any one of these obligations shall result in termination of the contract by operation of law pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial ruling, without prejudice to Stagnoli’s right to bring legal proceedings for compensation of any further damage.

Art. 15 – Security

Online transactions by credit card and PayPal are carried out on the respective websites, through secure servers using SSL (Secure Socket Layer) protection. This protocol enables communications designed to prevent the interception, alteration, or falsification of information.

Stagnoli never has access to the customer’s credit card details or PayPal account information.

Art. 16 – Amendments

Stagnoli reserves the right to modify these Terms and Conditions at any time by publishing the updated version on the shop.stagnoligears.com website. Any new clauses shall apply only to purchases made after the date on which the amendment takes effect.

Art. 17 – Governing Law

This contract is governed by Italian law. For matters not expressly provided for herein, these Terms and Conditions refer to Legislative Decree No. 206/2005, as amended and supplemented.

Art. 18 – Competent Jurisdiction

Any dispute relating to the application, performance, or interpretation of this contract concluded online through the shop.stagnoligears.com website is subject to Italian jurisdiction. For disputes arising between the Parties in connection with this contract, jurisdiction lies with the court of the place of residence or domicile of the Purchaser, where located within Italian territory.

Art. 19 – Protection of Confidentiality and Processing of the Purchaser’s Data

Stagnoli, as independent controller of the processing of the Purchaser’s data, protects the privacy of its customers and guarantees that data processing complies with the data protection legislation set out in Legislative Decree No. 196/2003, as supplemented by EU Regulation 2016/679 (GDPR) and Legislative Decree No. 101/2018. Personal and tax data acquired directly and/or through third parties by Stagnoli, as independent controller, are collected and processed in paper, electronic, and telematic form, for the purpose of registering the order and initiating the procedures for performance of this contract and related necessary communications, in addition to compliance with any legal obligations, and to enable effective management of business relationships to the extent necessary to properly provide the requested service (Article 24(1)(b) of Legislative Decree No. 196/2003 and Article 6 of EU Regulation 2016/679).

Stagnoli undertakes to treat the data and information provided by the Purchaser as confidential and not to disclose it to unauthorized persons, nor to use it for purposes other than those for which it was collected, nor to transmit it to third parties. Such data may be disclosed only at the request of the judicial authority or other authorities empowered by law. Personal data will be disclosed, subject to the prior execution of a confidentiality undertaking, only to persons delegated to carry out the activities necessary for performance of the contract, and solely for that purpose.

PRIVACY POLICY

With regard to your personal data, you may exercise the rights set out in Article 15 et seq. of EU Regulation 2016/679 and Article 7 of the Italian Data Protection Code, as supplemented by Legislative Decree No. 101/2018, as follows:

1) Right of access to the following information:

  • The purposes of the processing;
  • The categories of personal data concerned;
  • The recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations;
  • The existence of the data subject’s right to request from the controller rectification or erasure of personal data, or restriction of the processing of personal data concerning him or her, or to object to such processing.

2) Right to rectification: the correction, without undue delay, of inaccurate personal data concerning the data subject, and completion of incomplete personal data, including by means of a supplementary statement.

3) Right to erasure of data concerning the data subject without undue delay, where:

  • The data are no longer necessary for the purposes for which they were collected or otherwise processed;
  • Consent is withdrawn and there is no other legal basis for the processing;
  • The data subject objects 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 were collected in connection with the offer of information society services.

4) Right to restriction of processing:

  • Where the accuracy of the personal data is contested, for the period necessary for the controller to verify their accuracy;
  • Where the processing is unlawful and the data subject opposes erasure of the personal data and requests restriction of their use instead;
  • Where the personal data are necessary for the data subject for the establishment, exercise, or defense of a legal claim, although the controller no longer needs them for the purposes of the processing;
  • Where the data subject has objected to the processing pursuant to the right to object.

5) Right to be notified of any rectification, erasure, or restriction of processing.

6) Right to data portability: the right to receive personal data concerning the data subject in a structured, commonly used, and machine-readable format, and to transmit such data to another controller, where the processing is based on the data subject’s explicit consent for one or more specific purposes, or is carried out under a contract with the data subject, and the processing is carried out by automated means.

7) Right to object at any time, on grounds relating to his or her particular situation, to the processing of personal data concerning him or her. You have the right to lodge a complaint with a supervisory authority if you believe that the rights set out above have not been respected.

To exercise the above rights, you may contact the Data Controller by e-mail at shop.assistant@stagnoli.com. For any other general inquiries, the Purchaser should use the same e-mail address: shop.assistant@stagnoli.com.

Provision of personal data by the Purchaser is a necessary condition for the correct and timely performance of this contract. Failing this, the Purchaser’s request cannot be processed.

In any event, the data collected will be retained for no longer than is necessary for the purposes for which they were collected or subsequently processed, and will be securely disposed of thereafter.

Further information on the privacy and cookie policy adopted on the website can be found in the dedicated Privacy and Cookies sections.

Art. 20 – Contract Retention

Pursuant to Article 12 of Legislative Decree No. 70/2003, Stagnoli informs the Purchaser that every order submitted is retained in digital form at Stagnoli’s premises in accordance with confidentiality and security standards.