Terms of service
The Customer is invited to read these Terms and Conditions before proceeding with the purchase. Completion of the order and of the payment entails acceptance of the Terms and Conditions set out herein.
Art. 1 — Scope
1.1 These General Terms and Conditions of Sale govern the distance sales of products carried out through the website stocktiles.shop, hereinafter the "Site", by CATERINA GABRIELE, hereinafter the "Seller", whose full details are set out at the end of this document.
1.2 "Consumer" means the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out; "Professional Customer" means a person acting in the exercise of such activity; "Customer" means either of them indistinctly.
Art. 2 — Products
2.1 The Site allows the purchase of samples. For the reasons set out in Art. 2.3 below, the sample may differ in shade, calibre and pattern from the material forming the subject of the supply.
2.2 The photographs and images published are indicative. The colours and patterns perceived by the Customer depend on the screen and on the settings of the device used and may differ from the actual appearance of the material: such difference does not constitute non-performance by the Seller.
2.3 Ceramic material may present variations in shade, calibre, veining, structure, pattern and finish between pieces and between production batches. Such variations are inherent to the product and do not constitute a defect. Supplementary orders may come from different batches: the Seller does not guarantee a match with previous supplies. The Customer is invited to order the required quantity in a single order, including a reserve for cuts and future maintenance.
Art. 3 — Prices
3.1 The prices of the products displayed on the Site are expressed in euros and are exclusive of VAT.
3.2 VAT, transport costs and any ancillary services, although not included in the displayed price, are indicated and calculated during the purchase procedure before the order is submitted, and are shown in the summary page and in the confirmation e-mail. The final price may vary depending on the country of delivery.
3.3 Professional Customers established in other Member States of the European Union may request invoicing under the VAT exemption regime, subject to communication of their VAT identification number.
3.4 Prices may be updated at any time. The price applicable to the Customer is the one in force at the time the contract is concluded.
Art. 4 — Order and conclusion of the contract
4.1 Purchase of samples. Samples may be purchased directly on the Site through the shopping cart and checkout procedure. The contract is concluded when the Seller sends the order confirmation e-mail.
4.2 Purchase of material by quotation. For the remaining products, the Customer submits a request for a quotation through the Site. The Seller sends the Customer, at the e-mail address provided, a quotation setting out the products, quantities, prices, applicable VAT and transport costs, together with a link to proceed with payment. The order is subject to the condition precedent of the availability of the material.
4.3 In the case referred to in Art. 4.2, the contract is concluded upon completion of the payment procedure through the link received and the subsequent sending by the Seller of the order confirmation e-mail.
4.4 The request for a quotation and the automatic acknowledgement of the order do not constitute acceptance by the Seller.
4.5 Pursuant to Art. 12 of Legislative Decree 70/2003, each order is stored by the Seller in digital form at its premises, in accordance with criteria of confidentiality and security, for the time necessary for its performance and in any event within the time limits provided by law.
Art. 5 — Payment
5.1 Payment may be made exclusively through the methods indicated by the Seller during the purchase procedure.
5.2 In the case of payment by bank transfer, the order remains suspended until the credit is recorded. If payment has not been received within 7 days from confirmation of the order, the order is deemed cancelled.
5.3 The goods are shipped once payment has been received in full.
Art. 6 — Refusal, modification and cancellation of the order
6.1 The Seller may refuse or cancel the order in the event of unavailability of the material, manifest error in the price, incomplete or incorrect Customer details, impossibility of delivery, suspected fraud or other objective reasons, notifying the Customer and refunding in full any sums already paid.
6.2 Requests to modify the order made after the conclusion of the contract, including changes to the delivery address, must be submitted in writing and are assessed on a case-by-case basis according to the stage of preparation and shipment. Any additional costs are borne by the Customer.
6.3 Cancellation of the order at the Customer's request is accepted free of charge within 24 hours of confirmation, provided that the material has not already been procured, prepared or handed over to the carrier.
6.4 After the time limit referred to in Art. 6.3, cancellation requested by a Professional Customer may be refused; where exceptionally accepted, the Professional Customer shall reimburse the Seller for the actual and documented costs already incurred.
6.5 The Consumer's right of withdrawal under Art. 10 remains in any event unaffected and constitutes a separate mechanism from the commercial cancellation governed by this article.
Art. 7 — Delivery
7.1 Samples are delivered by express courier. All other material is delivered on pallets by heavy goods vehicle.
7.2 Delivery of palletised material takes place kerbside, close to the street number, at the most suitable point accessible to the vehicle where stopping is permitted, with tail lift and pallet truck where available. Unloading to the ground may only take place on a level and firm surface allowing the pallet truck to operate.
7.3 The following are not included in the delivery: unloading inside courtyards, garages, private areas or building sites, delivery to upper floors, manual unloading and porterage.
7.4 The Customer must communicate, before the conclusion of the contract, any restriction of access to the place of delivery (narrow or sloping roads, restricted traffic zones, historic centres, weight limits, unsuitable ground). Failing this, delivery is arranged on the basis of normal accessibility for a heavy goods vehicle and any additional costs charged by the carrier are passed on to the Customer. The Customer is also responsible for the accuracy of the delivery address details.
7.5 The delivery times indicated are estimates and run from verification of payment. The Seller is not liable for variations due to manufacturer availability, carrier scheduling, traffic, weather conditions or force majeure. The Customer is invited not to schedule installation or other works before the material has been received and fully inspected.
7.6 The Customer must ensure the presence of a person authorised to receive the goods on the date agreed with the carrier. In the event of failed delivery due to absence or to any cause attributable to the Customer, the costs of storage, of a further delivery attempt and of any return of the goods are borne by the Customer.
Art. 8 — Inspection on delivery and transport damage
8.1 At the time of delivery the Customer must check that the number of packages corresponds to that indicated in the transport document and that the pallet, film, straps and boxes are intact and have not been tampered with.
8.2 Where anomalies are found, the Customer must, before signing, enter a specific reservation on the transport document describing the damage observed (by way of example: "accepted subject to reservation for punctured packaging", "for unstable pallet", "for discrepancy in the number of packages"). A generic reservation subject to inspection is not sufficient for the purposes of the claim against the carrier. The transport document must be signed by both the Customer and the carrier, and the Customer must retain a copy of it.
8.3 The Customer must photograph the pallet on all sides before removing the packaging and subsequently the boxes and individual damaged pieces, keeping the material on the pallet.
8.4 Notification of the damage must reach the Seller in writing immediately and in any event no later than 5 days from delivery, indicating the order number, the damaged items and the relevant quantities, and enclosing the photographs and a copy of the signed transport document. Late notifications cannot be taken up for the purposes of the claim against the carrier.
8.5 The Customer must keep the pallet, packaging, labels and damaged material until the claim has been settled, refraining from disposing of them without the Seller's prior written consent.
8.6 The Customer may refuse delivery where the damage is serious and evident and affects a substantial part of the supply, or where the carrier refuses to accept the reservation. In such case the Customer must state the reason on the transport document and inform the Seller immediately.
8.7 Once the damage has been ascertained, the Seller shall determine the remedy among replacement, reshipment, price reduction or refund of the damaged part, according to the quantity, availability, timing and proportionality.
Art. 9 — Inspection before installation
9.1 Before installation the Customer, including through the designer and the installer, must check the product, intended use, quantity, calibre, format, thickness, flatness, shade, finish and integrity of the material, and must mix the tiles taken from several boxes.
9.2 Installation entails acceptance of identifiable defects. The Seller is not liable for the costs of installation, removal and reinstatement of material installed without the checks referred to in the preceding paragraph, nor for indirect damages that could have been avoided by means of such checks.
Art. 10 — Consumer's right of withdrawal
10.1 The Consumer has the right to withdraw from the contract, without giving any reason, within 14 days from the day on which the Consumer acquires physical possession of the goods or, in the case of split deliveries, of the last item.
10.2 To exercise the right of withdrawal the Consumer must inform the Seller of that decision by means of an explicit statement, sent to the e-mail address or to the postal address indicated at the end of this document. For this purpose the Consumer may use the model withdrawal form available at the page https://stocktiles.shop/pages/withdraw-from-contract, the use of which is not mandatory.
10.3 The right of withdrawal does not apply to Professional Customers and is excluded, pursuant to Art. 59 of Legislative Decree 206/2005, for goods made to measure or clearly personalised, including material cut, drilled or otherwise worked at the Consumer's request.
10.4 The Seller shall refund all payments received, including standard delivery costs, within 14 days from the communication of withdrawal, using the same means of payment used by the Consumer, unless otherwise agreed. The refund may be withheld until the goods are received or until the Consumer provides evidence of having sent them back.
10.5 The Consumer is liable for any diminished value of the goods resulting from handling other than that necessary to establish their nature, characteristics and functioning; the corresponding amount is withheld from the refund.
Art. 11 — Return of the goods
11.1 A Consumer who has exercised the right of withdrawal must return the goods within 14 days from the relevant communication. The deadline is met if the goods are dispatched before it expires.
11.2 Before dispatching the return, the Customer must request the Seller's return authorisation, providing the order number, the quantities and photographs of the material, the boxes and the pallet. The Seller communicates the authorisation number and the address of the destination warehouse. Unauthorised shipments may be refused.
11.3 The material must be returned in intact original boxes, placed back on the pallet and wrapped as received.
11.4 The direct costs of the return are borne by the Consumer, in the amount of the actual cost of the return transport. That cost may be higher than the cost of the initial delivery; any reductions applied to the outbound transport do not extend to the return. The Consumer also bears any additional collection costs (tail lift, restricted access, failed collection, storage).
11.5 The risk of loss of or damage to the material during the return transport is borne by the Customer until receipt and inspection at the Seller's warehouse.
Art. 12 — Warranties
12.1 Consumers. The products are covered by the legal warranty of conformity referred to in Arts. 128 et seq. of Legislative Decree 206/2005, starting from the date of delivery.
12.2 Professional Customers. Arts. 1490 et seq. of the Italian Civil Code apply. Defects must be reported in writing within 8 days of their discovery.
Art. 13 — Complaints and communications
13.1 Complaints, damage notifications and withdrawal declarations must be sent in writing to the contact details indicated at the end of this document, stating the order number, the product and its code, the quantities and a description of the complaint, accompanied by photographic documentation.
Art. 14 — Liability
14.1 The Seller is not liable for disruptions attributable to fortuitous events or force majeure, nor for delays or non-performance arising from causes not attributable to it, in which case the Customer is entitled to full restitution of the sums paid.
14.2 The Seller is not liable for indirect or consequential damages, such as site downtime, loss of profit and the costs of labour engaged before the delivery and inspection of the material.
14.3 The limitations set out in this article do not apply in the event of wilful misconduct or gross negligence, of personal injury, nor where they would conflict with the Consumer's mandatory rights.
Art. 15 — Site, personal data and amendments
15.1 The Site and its contents are the property of the Seller or of the respective owners. Reproduction, including in part, for commercial purposes without written consent is prohibited.
15.2 The processing of personal data is governed by the Privacy Policy published on the Site, drawn up pursuant to Regulation (EU) 2016/679.
15.3 The Seller may amend these Terms and Conditions at any time. The Terms and Conditions applicable to the Customer are those published on the Site at the time the contract is concluded.
Art. 16 — Applicable law, jurisdiction and dispute resolution
16.1 The contract is governed by Italian law. For Consumers resident in other States, the mandatory provisions of their country of residence remain applicable.
16.2 For disputes with a Consumer, the mandatory court provided for by consumer protection legislation has jurisdiction. For disputes with a Professional Customer, the Court of Bari has exclusive jurisdiction.
16.3 The Consumer may refer the matter to alternative dispute resolution (ADR) bodies registered on the official lists.
16.4 These Terms and Conditions are drawn up in Italian, English, German and French. In the event of divergences of interpretation, the Italian version shall prevail, without prejudice to the mandatory provisions referred to in Art. 16.1.
Seller's details
| Company name | CATERINA GABRIELE |
| Registered office | Via Nazionale 14/A — Palese, 70128 Bari (BA), Italy |
| VAT number | IT09008800725 |
| Companies Register | Bari — Tax code CTRGRL96M24A662J |
| REA | BA-666084 |
| info@stocktiles.shop | |
| PEC | gabriele.caterina@legalmail.it |
| +39 320 788 8496 | |
| Website | stocktiles.shop |