Terms of Sale

Date of publication on the site and entry into force 15/09/2015

1. Object

1.1. These general conditions of sale apply to the purchase of “Stewart” branded products (hereinafter ” Products “) made through the e-commerce site  www.stewart.it  (hereinafter the ” Site “) by users qualifying as “Consumers” pursuant to article 1.2 below. The Site, owned by Scettro Srl, with registered office in Regello, via Cascia all’olmo, 117 / B, tax code, VAT number and registration number in the Florence Company Register 04177970482 (hereinafter the ” Owner “), is managed by the owner himself .

1.2. Purchases of Products made through the Site will see as parties the Owner, as the seller (hereinafter ” Seller “, and the person who proceeds to purchase one or more Products for purposes not related to their business, commercial, craft or professional activity. , as the buyer (hereinafter the ” Consumer “), (Seller and Consumer will be hereinafter collectively referred to as the ” Parties “).

1.3. The Owner is not the owner of the rights on the domain name of the Site, of the logos and trademarks, relating to the products presented on the Site, as well as of the copyright on the contents of the Site.

1.4. Any communication from the Consumer connected and / or related to the purchase of the Products – including any reports, complaints, requests concerning the purchase and / or delivery of the Products, the exercise of the right of withdrawal, etc. – must be sent to the Seller at the addresses and in the manner indicated on the Site and at the e-mail address  customercare@stewart.it .

1.5. Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time the order is sent by the Consumer.

1.6. The Site is dedicated to retail and as such is intended for the exclusive use of Consumers. Subjects who are not Consumers are advised not to execute purchase orders. If one or more sales are made to a person who does not qualify as a Consumer, these general conditions of sale will apply but, notwithstanding the provisions of the same:

a) the buyer will not be granted the right of withdrawal referred to in article 10;

b) the buyer will not be able to benefit from the guarantee on the Products indicated in article 8;

c) the purchaser will not be granted any other protections provided herein in favor of the Consumer, which reflect or comply with mandatory provisions of the law;

d) the sales contract concluded between the Seller and the buyer will be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention of 1980.

1.7. Simultaneously with the transmission of the purchase order, the Consumer accepts that the confirmation of the information relating to the order placed and these general conditions of sale will be sent by e-mail to the address stated by the same during registration on the Site or during the purchasing process.

1.8. In order to make purchases through the Site, the Consumer must have the age of majority (18 years) and the ability to act, which the Consumer declares to possess.

1.9. Any costs for connecting to the Site via the Internet, including telephone costs, are the sole responsibility of the Consumer, according to the rates applied by the operator selected by the Consumer.

2. Characteristics of the Products and their availability in the various geographical areas

2.1. The Products are sold with the characteristics described on the Site and according to the general conditions of sale published on the Site at the time the order is sent by the Consumer, with the exclusion of any other condition or term.

2.2. The Seller reserves the right to modify these general conditions of sale at any time, at its discretion, without the need to provide any notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded from that date.

2.3. The prices, the Products for sale on the Site and / or their characteristics are subject to change without notice. Before sending the purchase order pursuant to point 3 below, the Consumer is invited to check the final sale price.

2.4 The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request their delivery in one of the countries indicated on the Site.

 

3. How to purchase the Products – Completion of each individual purchase contract

3.1. The presentation of the Products on the Site, which is not binding for the Seller, represents a mere invitation to the Consumer to formulate a contractual purchase proposal and not an offer to the public.

3.2. The purchase order transmitted by the Consumer to the Seller through the Site has the value of a contractual proposal and is governed by these general conditions of sale, which form an integral part of the order itself and that the Consumer, by transmitting the order to the Seller , is required to accept in full and without any reservation. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these general conditions of sale and the information on the right of withdrawal, to print a copy using the print command and store or reproduce a copy for your own personal use. Furthermore, the Consumer will be asked to identify and correct any errors in entering their data.

3.3. L’ordine d’acquisto del Consumatore è accettato dal Venditore con l’invio al Consumatore, all’indirizzo di posta elettronica da questi dichiarato al Venditore al momento della registrazione al Sito ovvero della trasmissione dell’ordine qualora il Consumatore non sia registrato al Sito, di una e-mail di conferma dell’ordine stesso, la quale riporterà il link al testo delle presenti condizioni generali di vendita, il riepilogo dell’ordine effettuato e la descrizione delle caratteristiche del Prodotto ordinato. L’ordine del Consumatore, la conferma dell’ordine del Venditore e le condizioni generali di vendita applicabili al rapporto fra le Parti saranno archiviati elettronicamente dal Venditore nei propri sistemi informatici e il Consumatore potrà richiederne copia inviando una comunicazione via e-mail al Venditore all’indirizzo customercare@stewart.it .

3.4. Each purchase contract for the Products is concluded when the Consumer receives the order confirmation from the Seller via e-mail.

4. Procedure for selecting and purchasing the Products

4.1. The Products presented on the Site can be purchased by selecting the Products of interest to the Consumer and placing them in the appropriate virtual shopping cart. Once the selection of the Products has been completed, to carry out the purchase of the items placed in the cart, the Consumer will be invited to  (i)  register on the Site, providing the requested data, or  (ii)  to log in, if the Consumer is already registered or  ( iii) to provide their data in order to complete the order and allow the completion of the contract. If the data indicated in the order are different from those provided during registration on the Site, the Consumer will be asked to confirm their data (by way of example but not limited to: name, surname, etc.), as well as the address where to deliver the selected Products, the billing address and, optionally, a telephone number where you can contact him for any communications relating to the purchase made. The Consumer will display a summary of the order to be executed, of which he can modify the contents: therefore, the Consumer, after careful reading, must expressly approve these general conditions of sale, by means of the appropriate check-box. on the Site and finally,through the “Enter order” button, the Consumer will be asked to confirm his order, which will be definitively sent to the Seller and will produce the effects described in the previous par. 3.2. of this contract. The Consumer will also be asked to choose the shipping method and the payment method from those available. If the Consumer decides for the immediate payment method (contextual to the purchase) by credit card, PayPal or immediate bank transfer, he will be required to communicate the relevant data via a secure connection. For accounting and administrative needs, the Seller reserves the right to verify the personal details indicated by the Consumer. If the payment is made by credit card,the purchase amount will be charged exclusively at the time of transmission of the order confirmation by the Seller to the Consumer.

4.2. If during the procedure for selecting the Products on the Site referred to in point 4.1 above, the Consumer finds that the price of one or more of the Products he intends to select for the next purchase is clearly lower than that normally applied, net of any discounts and / or promotions in force at that time, due to an obvious technical problem that occurred on the Site, please do not complete your purchase order and report the aforementioned technical error to the Seller’s Customer Service by sending an e-mail at the e-mail address  customercare@stewart.it

4.3. In cases where the Consumer has completed his purchase order and the latter includes a Product whose price is clearly lower than that normally applied, net of any discounts and / or promotions in force at that time, due to of an obvious technical problem that occurred on the Site:

(a) if the Consumer himself has not yet received the Product, the Seller will (i) cancel the order, the delivery of which will therefore not be carried out, simultaneously sending a communication in this regard via e-mail, to the address of e-mail indicated by the Consumer when transmitting the order and (ii) reimburse the Consumer for payments made by the same in relation to the canceled order, including delivery costs, without undue delay and, in any case, no later than 14 days from the cancellation of the order, using the same payment method used by the Consumer for the initial transaction;

(b) if the Consumer has received the Product, the Seller will promptly inform the Consumer via e-mail of the error that occurred in the process of completing his order, offering the same, alternatively, to (i) pay in favor of the Seller, within and no later than the following 5 (five) days, using one of the payment methods available on the Site, the amount corresponding to the difference between the correct price of the Product and the incorrect price resulting from the purchase order, or (ii) cancel your order, following the instructions contained in the same communication and returning the Product to the Seller, at the latter’s expense, no later than the following 14 (fourteen) days, sending it to Settro, without damage,complete with all its elements and accessories (including the labels and tags unaltered and attached to the product), accompanied by the attached instructions / notes / manuals, the original packaging and packaging and the guarantee certificate and accompanied by the return form, duly completed , which you will find attached to the e-mail sent by the Seller. In the event that the Consumer has chosen the option referred to in point (b) (ii) above, the Seller will reimburse the Consumer for the payments made by the same in relation to the canceled order, including delivery costs, without undue delay and, in any case, no later than 14 days from the cancellation of the order, using the same payment method used by the Consumer for the initial transaction.accompanied by the instructions / notes / manuals attached, the original packaging and packaging and the guarantee certificate and accompanied by the return form, duly completed, which will be attached to the e-mail sent by the Seller. In the event that the Consumer has chosen the option referred to in point (b) (ii) above, the Seller will reimburse the Consumer for the payments made by the same in relation to the canceled order, including delivery costs, without undue delay and, in any case, no later than 14 days from the cancellation of the order, using the same payment method used by the Consumer for the initial transaction.accompanied by the instructions / notes / manuals attached, the original packaging and packaging and the guarantee certificate and accompanied by the return form, duly completed, which will be attached to the e-mail sent by the Seller. In the event that the Consumer has chosen the option referred to in point (b) (ii) above, the Seller will reimburse the Consumer for the payments made by the same in relation to the canceled order, including delivery costs, without undue delay and, in any case, no later than 14 days from the cancellation of the order, using the same payment method used by the Consumer for the initial transaction.which you will find attached to the e-mail sent by the Seller. In the event that the Consumer has chosen the option referred to in point (b) (ii) above, the Seller will reimburse the Consumer for the payments made by the same in relation to the canceled order, including delivery costs, without undue delay and, in any case, no later than 14 days from the cancellation of the order, using the same payment method used by the Consumer for the initial transaction.which you will find attached to the e-mail sent by the Seller. In the event that the Consumer has chosen the option referred to in point (b) (ii) above, the Seller will reimburse the Consumer for the payments made by the same in relation to the canceled order, including delivery costs, without undue delay and, in any case, no later than 14 days from the cancellation of the order, using the same payment method used by the Consumer for the initial transaction.using the same payment method used by the Consumer for the initial transaction.using the same payment method used by the Consumer for the initial transaction.

5. Delivery of goods and acceptance

5.1. The Site indicates the availability of the Products and their delivery times, however, such information is to be considered purely indicative and not binding for the Seller.

5.2 The Seller undertakes to do everything in its power to comply with the delivery times indicated on the Site and, in any case, to carry out the delivery within a maximum time of 30 (thirty) days starting from the day following that in to which the Consumer sent the order. In case of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written communication to the Consumer and will refund any sums already paid by the Consumer for the payment of the Product pursuant to the following par. 5.3. If the Consumer has chosen the bank transfer as the payment method, the delivery time will start from the receipt of the payment by the Seller.

5.3. The shipment of the Products ordered by the Consumer will take place in the mode selected by the Consumer, among those available and indicated on the Site at the time the order is sent. The Consumer undertakes to promptly check and as soon as possible that the delivery includes all and only the products purchased and to promptly inform the Seller of any defect in the products received or of their discrepancy with the order placed, according to the procedure of referred to in the following art. 8 of these general conditions of sale, failing which the products will be considered accepted. Should the packaging or wrapping of the products ordered by the Consumer arrive at their destination clearly damaged,the Consumer is invited to refuse delivery by the carrier / forwarder or to accept delivery “with reserve”.

6. Prices, shipping costs, duties and taxes

6.1. The price of the Products is that indicated on the Site at the same time as the Consumer sends the order. The prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs which are calculated before the confirmation of the order sent by the Seller to the Consumer and that the same Consumer undertakes to pay the Seller in addition to the price indicated on the Site.

6.2. The Consumer must pay the total price to the Seller, as indicated in the order and in the order confirmation sent by e-mail from the Seller to the Consumer.

6.3. If the Products are to be delivered in a country outside the European Union, the total price indicated in the order and confirmed in the order confirmation, including indirect taxes (if applicable), is net of any customs duties and any other sales tax, which the Consumer undertakes from now on to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the provisions of the law of the country where the products will be delivered . The Consumer is invited to inquire with the competent bodies of their country of residence or destination of the products, in order to obtain information on any duties or taxes applied in their country of residence or destination of the products.

6.4. Any additional costs, charges, taxes and / or duties that a given country may apply, for any reason whatsoever to the Products ordered on the basis of these general conditions of sale, are the sole responsibility of the Consumer.

6.5. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and / or taxes referred to in the previous paragraphs. 6.3. e6.4., at the time of sending an order to the Seller, cannot constitute grounds for termination of this contract and that it cannot in any way charge the aforementioned charges to the Seller.

7. Payments

7.1. The payment of the price of the Products purchased through the Site must be made within the essential term of 10 (ten) days from the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly accepts that the execution of the contract by the Seller will begin when the price of the purchased Product / s is credited to the Seller’s current account.

7.2. Payment can be made by credit card or via PayPal, under the conditions described below. The Seller may allow additional payment methods, indicating them in the payments section of the Site.

7.3. If the payment is made by credit card, the Consumer will be transferred to a secure site and the credit card details will be communicated directly to Global Collect Service BV, with registered office in Amsterdam (Holland), via Planetenweg 43-49, 2132 HF , Hoofddrop, registered with the Amsterdam Chamber of Commerce under number 34140462, operator that deals with payments on behalf of the Seller. The transmitted data will be sent in secure mode, through the encrypted transfer of data with 128-bit SSL (SecureSocketLayer) system. These data are not accessible even for the Seller.

7.4. If the payment is made by bank transfer in favor of the Seller, the Consumer must indicate the “Swift” and “IBAN” codes shown in the order confirmation, as well as the order number.

7.5. The Seller will promptly send the Consumer, if required by applicable law, in electronic format via e-mail to the address declared by the same, the tax receipt relating to the purchase made, if the Products purchased are intended to be delivered in the Italian territory, or attached in paper format to the Products purchased, in all other cases.

8. Seller’s legal guarantee of conformity, reporting of lack of conformity and warranty interventions

8.1. Pursuant to and for the purposes of the European Directive 44/99 / EC and the Italian Legislative Decree no. 206/2005 (Consumer Code), the Seller guarantees the Consumer that the Products will be free from design and material defects and conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. . The application of any guarantee is excluded in case of use or washing of the Product that does not conform to that of the Product and to the instructions / warnings provided by the Seller and / or the Owner, or reported in the reference illustrative documentation, in the tags or in the labels.

8.2. Under penalty of forfeiture of this guarantee, the Consumer has the burden of reporting any defects and non-conformities within and no later than 2 (two) months from discovery, by sending -mail to  customercare@stewart.it , the appropriate  form  correctly completed, with indication of the defect and / or non-conformity found, as well as the relative documentation indicated in the return form itself (at least n. 1 (one) photograph of the Product, the order confirmation sent by the Seller and / or the tax receipt).

8.3. Following receipt of the form and related documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer through the assistance service of the Owner and, after having carried out the quality checks to verify the actual non-conformity of the Product, will decide whether to authorize the return of the Products by providing the Consumer with a reply, containing the “Return Code”, by e-mail to the address provided by the latter during the registration process on the Site or when placing the order. The authorization to return the Products will in no way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return.The Products for which the Seller has authorized the return must be returned by the Consumer, together with a copy of the return authorization notice bearing the “Return Code”, within 30 (thirty) days of reporting the defect or non-compliance, as follows address: Scettro SRL  – Locality Poderino, 117, 50066 Reggello FI – Tel: 055 866 7285

8.4. If the Seller is required to reimburse the Consumer for the price paid, the reimbursement will be made, where possible, by the same payment method used by the Consumer when purchasing the Product or by bank transfer. It will be the responsibility of the Consumer to communicate to the Seller, again by e-mail at  customercare@stewart.it , the bank details to make the transfer in his favor and to ensure that the Seller is put in a position to be able to return the amount due. .

9. Liability for damage from defective products

9.1. As regards any damage caused by defects in the Products, the provisions of the European Directive 85/374 / EEC and the Italian Legislative Decree no. 206/2005 (Consumer Code). The Seller, in the capacity of distributor of the products through the Site, is free from any liability, none excluded and / or excepted, indicating the name of the relevant product manufacturer.

10. Right of withdrawal

10.1 The Consumer has the right to withdraw from any contract concluded pursuant to these general conditions of sale, without any penalty, within 14 (fourteen) days from when (i) the product was delivered or (ii) in the case of purchase of several products delivered separately with a single order, the last product has been delivered.

10.2 To exercise the right of withdrawal, the Consumer must inform Scettro, before the expiry of the term referred to in paragraph 10.1 above, of his decision by accessing the “My returns” page from My Account or, if not registered on the site, by accessing to the dedicated page and entering the order number and the e-mail address with which the purchase was made. Alternatively, the Consumer can send an explicit declaration to Scettro via the contact form or to the e-mail address  customercare@stewart.it , of his decision to withdraw using the attached withdrawal form  .

10.3 Following the provisions of point 10.2 above, the Consumer will receive an e-mail confirming the exercise of the withdrawal, containing the return form to be included in the package, and the instructions to proceed with the return of the product, to be sent no later than the following ones. 14 days a

Scettro SRL – Locality Poderino, 117, 50066 Reggello FI – Tel: 055 866 7285

10.4 If the Consumer has received the product, he is required to return it to Scettro without undue delay and, in any case, within 14 days from the day on which you communicated the withdrawal. The deadline is met if you send back the goods before the 14 day period has expired. The risks and direct costs of returning the goods will be borne by the Consumer. If you exercise your withdrawal through the site, before confirming the request for withdrawal, you will be informed of the cost of returning the goods, if you want to use the return service offered by the site.

10.5 If you withdraw, you will be reimbursed for the payments you have made, including delivery costs (with the exception of additional costs arising from the possible choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and, in any case, no later than 14 days from the exercise of the withdrawal. These refunds will be made using the same payment method used by the Consumer for the initial transaction, unless the Consumer requests a refund on a different means of payment, in which case any additional costs deriving from the different means of payment will be charged to the Consumer. The reimbursement may be suspended until receipt of the goods or until the Consumer demonstrates that he has returned the goods, if earlier.

10.6 The Consumer is responsible for the decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (for example with signs of wear, abrasion, scratches, scratches, deformations, etc.), not complete with all their elements and accessories (including labels and tags unaltered and attached to the product) , not accompanied by the attached instructions / notes / manuals, original packaging and packaging and the guarantee certificate, where present, the Consumer will be liable for the decrease in the value of the asset, and will be entitled to a refund of the amount equal to the residual value of the Product . To this end, therefore,The Consumer is invited not to manipulate the goods beyond what is strictly necessary to establish the nature, characteristics and functioning of the same and to cover the original packaging of the Products with other protective packaging that preserves its integrity and protects it during transport, even from writings or labels.

11. Intellectual Property Rights

11.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, name, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of Scettro Srl and / or of its successors in title, without the Consumer having any rights over the same from accessing the Site and / or purchasing the Products.

11.2. The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Scettro Srl.

12. Consumer data and privacy protection

12.1. In order to proceed with the registration, the order and therefore the conclusion of this contract, some personal data from the Consumer are requested through the Site. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller and by Scettro Srl, in accordance with and in compliance with the legislation referred to in Italian law Legislative Decree no. 196/2003 and subsequent amendments – Privacy Code, to execute each purchase made through the Site and, with your consent, for any further activities as indicated in the specific privacy policy provided to the Consumer through the Site at the time of registration.

12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.

12.3. The Consumer may at any time update and / or modify their personal data provided to the Seller through the appropriate section of the Site “My Account” accessible after authentication.

12.4. For any further information on the methods of processing the consumer’s personal data, please access the Privacy Policy section and carefully read the General Conditions of Use.

13. Security

13.1. Although the Seller takes measures to protect personal data against their possible loss, falsification, manipulation and misuse by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Site, even after the Consumer has authenticated (login), cannot be accessed or viewed by unauthorized third parties.

13.2. With regard to data relating to payments by credit card, the Seller uses the services of the company Global Collect Service BV which adopts technological systems designed to guarantee the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.

14. Applicable law, conciliation attempt and competent court

14.1. The General Conditions of Sale Each sales contract concluded between the Seller and the Consumers pursuant to these general conditions of sale will be governed and interpreted in accordance with Italian laws and in particular by the legislative decree 6 September 2005 n. 206, on the consumer code, with specific reference to the legislation on distance contracts and the legislative decree 9 April 2003 n. 70 on certain aspects concerning electronic commerce. In any case, any rights attributed to Consumers by mandatory provisions of law in force in the State of the latter will be reserved.

14.2. In the event of disputes between the Seller and a Consumer, we guarantee from now on our participation in an attempt at amicable conciliation that each Consumer will be able to promote before RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Milan Chamber of Commerce, which allows you to reach a satisfactory agreement, with the help of a neutral and competent conciliator, in a friendly and safe way on the internet. For more information on RisolviOnline regulations or to send a conciliation request, access  www.risolvionline.com .

14.3. As an alternative to the conciliation attempt referred to in point 14.2 above, the Consumer also has the right to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between Seller and Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11 / EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid and fair out-of-court resolution of disputes concerning contractual obligations deriving from sales or online service contracts between a consumer resident in the Union and a professional established in the Union through the intervention of an ADR (alternative dispute resolution) body that has joined it,selectable from a specific list available there. For more information on the European ODR Platform or to initiate, through the latter, an alternative resolution procedure for a dispute relating to this contract, access the following link: http://ec.europa.eu/odr . The Seller’s e-mail address to be indicated on the European ODR Platform is the following:  customercare@stewart.it

14.4. If you do not adhere to the conciliation attempt referred to in paragraph 14.2 or 14.3 above or if this attempt is unsuccessful, the dispute will be referred to the judge of the place of residence or domicile of the Consumer.