Terms & Conditions
GENERAL TERMS AND CONDITIONS OF SALE
SCOPE OF APPLICATION
1. These general online sales conditions (“General Terms and Conditions”) apply to all sales contracts concluded between “EUROSTEP COMMERCE SRL” (with registered office at Via Feltrina Sud 192, Montebelluna (TV), 31044, VAT and Tax ID No. 04887580266, hereinafter referred to as “EUROSTEP” or the “Seller”), which markets on behalf of “STONEFLY SPA” (registered office at VIA SAN GAETANO, 200, 31044 TREVIGNANO (TV), Tax ID 03282540263 and VAT No. 03282540263, hereinafter referred to as "STONEFLY" or the "Manufacturer/Supplier"), the “STONEFLY” branded products available on the online shop at the website "https://stonefly.it” (the “Site”), and the customer as defined under Article 3 of Legislative Decree No. 206/2005 (“Consumer Code”), i.e. a natural person acting for purposes unrelated to any business, commercial, craft or professional activity they may conduct (the “Customer”), based on orders submitted electronically through the Site. EUROSTEP therefore reserves the right not to process orders placed by persons other than the Customer.
2. By accepting these General Terms and Conditions at the time of purchase on the Site, the Customer declares that they have read them carefully and agree to comply with them. The Customer may not purchase products through the Site without accepting these General Terms and Conditions.
3. The General Terms and Conditions apply regardless of the Customer’s nationality, provided that the delivery of the products takes place in one of the countries where the online sales service is active; such countries are listed on the homepage of the Site in the section “Ship to: Select your country”.
CHANGES TO THE GENERAL TERMS AND CONDITIONS
EUROSTEP reserves the right to make changes to these General Terms and Conditions from time to time, if such changes are necessary to comply with new legal provisions, for technical reasons, to adapt to EUROSTEP’s sales models or to better protect the rights of the parties. The latest version of the General Terms and Conditions is published on the Site. In any case, each purchase is governed by the version of the General Terms and Conditions in force at the time the relevant order is submitted.
ACCOUNT CREATION
1. To proceed with purchasing products on the Site, the Customer must (i) log in using their authentication credentials obtained after creating an account on the Site, or (ii) create a new account on the Site, or (iii) proceed with the purchase as a “guest” user, without registering.
2. To create a new account on the Site, the Customer must (i) correctly fill out the registration form by entering all required data (including but not limited to: first name, last name, email address, username, and password), (ii) confirm they have read the privacy policy available on the Site and provide any additional consents, and (iii) confirm their registration.
3. When creating an account on the Site, the Customer must choose a username and password, complying with the password creation criteria indicated from time to time on the Site. The Customer acknowledges and accepts that the Site login credentials are personal and must not be shared or transferred to third parties. The Customer agrees to keep their password confidential and to notify EUROSTEP immediately in the event of unauthorized use of their account or loss or theft of their login credentials by sending a written notice to Customer Service at the contact details provided in Article 17, including a detailed explanation of the event and a copy of their ID. Upon receiving such notice, Customer Service will deactivate the Customer’s login credentials and provide new credentials. EUROSTEP is not responsible for any loss or damage resulting from the Customer's failure to securely store their password or to notify Customer Service of unauthorized use, loss or theft of the password. The Customer assumes full responsibility toward EUROSTEP for any loss and/or damage resulting from any unauthorized use of their account.
4. Account registration is free of charge, without prejudice to (i) the Customer bearing the cost of their internet connection used to access the Site, according to the rates, terms, and conditions applied by their provider; and (ii) the Customer being required to pay EUROSTEP the applicable price for any product purchased on the Site.
5. Following registration on the Site, the Customer will receive an email at the address provided during the registration process.
6. The Customer may delete their account at any time by sending an email to the address listed in the CUSTOMER SERVICE section below. Upon receipt of such communication, the contractual relationship between the Customer and EUROSTEP will be considered terminated — without prejudice to any purchase orders already submitted prior to the cancellation request — and the Customer's username and password will be deleted.
GUEST LOGIN
The Customer may also purchase products on the Site as a guest, without creating an account. In this case, the Customer must (i) correctly fill out the appropriate form on the Site by entering all required data (including but not limited to: name, surname, billing and delivery address, email address); (ii) confirm that they have read the privacy policy on the Site; and (iii) accept these General Terms and Conditions.
After completing the form, the Customer may select a payment method from those listed in the following PAYMENTS; INVOICING; REFUNDS section and electronically submit their purchase order to EUROSTEP.
CONCLUSION OF THE PURCHASE CONTRACT
1. The Customer must select the products and add them to the cart, with the possibility of modifying or deleting the cart content at any time before submitting the purchase order.
2. Submission of a purchase order by the Customer constitutes acceptance of the public offer made by EUROSTEP through the Site and, therefore, receipt of the order by the Seller finalizes a binding sales contract for the selected products, fully governed by the General Terms and Conditions in effect at the time of its conclusion (the “Contract”).
3. Before confirming the purchase order, the Customer is required to verify the order summary to ensure all data provided is correct. Any input errors can be corrected using the data editing functions available on the Site. Once the order has been submitted, no further changes can be made.
4. Once the purchase order has been sent, EUROSTEP will send the Customer a confirmation email acknowledging receipt of the order, including the order number and details of the purchase made (“Order Receipt Confirmation”).
5. The Customer must retain the order number included in the Order Receipt Confirmation for any future communication.
PRODUCT SELECTION AND AVAILABILITY
1. The Customer may only purchase the products listed in the catalog published on the Site and available at the time of the Customer’s purchase order. The product catalog may be updated periodically; therefore, EUROSTEP makes no guarantee regarding the continued availability of any given product nor the availability of all sizes/versions/colors listed in the catalog.
2. Each product is accompanied by a descriptive sheet of its main features. The images and colors of the products on the descriptive sheets may not exactly match the actual items due to the settings of the Customer's computer systems or devices used to view the Site. Therefore, the images published are to be understood as indicative within normal tolerances.
3. The products shown on the Site are available while supplies last. However, since the Site may be visited by multiple Customers simultaneously, it is possible that multiple Customers may attempt to purchase the same product at the same time. If the selected product is not available despite being selectable, due to the above or other reasons of unavailability, Customer Service will promptly notify the Customer via email, and EUROSTEP will refund any amounts already paid by the Customer.
PRODUCT PRICES
1. The sale prices shown on the Site are inclusive of VAT, if applicable based on the country of product delivery.
2. The sale prices applicable to the Customer are those published online at the time of order submission. These prices may change without prior notice. It is the Customer’s responsibility to check the final price before submitting the purchase order.
3. EUROSTEP reserves the right to apply different shipping charges depending on the country of delivery.
4. All product prices shown on the Site are exclusive of shipping charges, which—if applicable—will be communicated during the purchase process before order submission.
PAYMENTS; INVOICING; REFUNDS
1. The available payment methods for the Customer are listed below:
a) Credit card (Visa, Mastercard, American Express, Maestro);
b) PayPal;
c) Klarna;
2. The payment system only accepts cards from Visa, Mastercard, American Express, and Maestro circuits (Visa Electron cards not enabled for online payments are excluded).
3. For PayPal payments, the Customer will be redirected to the PayPal website where, after entering their email address and password, payment will be processed. Only verified PayPal accounts may be used. For more information, visit the PayPal website.
4. Credit card data is handled directly by banks (Payment Service Providers) specialized in managing online payments; PayPal data is managed directly by PayPal. Information is encrypted using the latest encryption technology to prevent third-party access and is not shared with EUROSTEP but sent directly to the bank or PayPal.
5. For purchases made via credit card or PayPal, the transaction will be authorized upon order submission. EUROSTEP will not accept the order if payment authorization is not received from the relevant provider.
6. To use Klarna payment methods, the Customer's personal data will be transmitted at checkout to Klarna in the form of contact and order details, so Klarna can assess eligibility and tailor the payment methods accordingly. The Customer’s personal data is processed directly by Klarna in accordance with its privacy policies.
7. EUROSTEP reserves the right to request additional information from the Customer (e.g., phone number) or a copy of documents proving the ownership of the credit card used, solely for payment verification and Customer protection. If such documentation is not provided, EUROSTEP may refuse the order. In case of order cancellation, EUROSTEP will promptly refund any amounts already paid. Refunds will be issued using the same payment method used by the Customer. Refunds are processed in accordance with the terms and timelines of the relevant payment provider. If the person placing the order differs from the one who made the payment, the refund will be issued to the payer in case of order cancellation or withdrawal.
8. Please note that for online sales, under Art. 22 of Presidential Decree 633/1972 and Art. 2, letter oo) of Presidential Decree 696/1996 (as confirmed by Resolution No. 274/E of November 5, 2009), the Seller is not required to issue an invoice (nor a receipt or tax receipt) to a consumer buyer (i.e., one without a VAT number). However, the Customer may request an invoice from EUROSTEP during the purchase process. In this case, EUROSTEP will send the invoice to the email address provided at registration or in the order form. The invoice will be issued based on the information provided by the Customer at the time of the order. Once issued, invoice data cannot be changed. Customers are therefore advised to carefully check their data before submitting the order. If the invoice is not requested during the purchase, it cannot be issued later. If the Customer does not request an invoice, EUROSTEP will still send a non-tax-valid purchase receipt, useful only for assistance or warranty purposes, to the email or postal address provided.
SHIPPING AND DELIVERY OF PRODUCTS
1. Products purchased on the Site are delivered to the shipping address provided by the Customer during Site registration or at the time of product purchase. Delivery is carried out by partner couriers to the address indicated by the Customer in the order form.
2. Once the products are handed over to the courier, the Customer will receive a confirmation email with the tracking number, allowing them to monitor the shipment at any time (“Shipping Confirmation”). The shipping date corresponds to the date the products are handed over to the courier responsible for the delivery.
3. Delivery times and costs vary depending on the destination country. In any case, delivery times are indicative and not binding for EUROSTEP, subject to the provisions of Art. 10. Shipping costs are borne by the Customer and are communicated during the purchase process before the order is submitted, except as otherwise provided below. EUROSTEP reserves the right to modify the shipping cost policy as described above, for example by offering free shipping only for purchases exceeding a certain amount and/or for specific shipping countries and/or during specific days/periods of the year, as indicated on the Site and communicated to the Customer during the purchase process before the order is submitted. For all shipments to non-EU countries, the DDU (Delivery Duty Unpaid) formula is applied, meaning the Customer agrees in advance to pay, in addition to the total amount of the order, any customs duties and applicable local taxes to the courier or competent authorities, as required by the laws of the country where the products will be delivered. Therefore: (i) the Customer is advised to inquire about customs duties and local taxes before placing the order by contacting the competent authorities of the non-EU destination country, and (ii) the Customer is responsible for providing all necessary information and/or paying applicable taxes to ensure customs clearance. If the package is not cleared, it will be returned to our warehouse.
4. At the time of delivery, the Customer must check that: (i) the number of packages matches what is stated in the shipping documents and (ii) the packaging is intact and not damaged, tampered with, or altered. If this verification is not positive, the Customer must immediately report the issue to the courier, either refusing the product or accepting it with written reservation noted on the delivery document. Otherwise, once the courier’s document is signed, the Customer may no longer raise any claims regarding the external condition of the delivered items. Furthermore, the Customer must inform EUROSTEP of the issue by contacting Customer Service as per Art. 17 within 8 (eight) days from the product’s delivery date to report any issues relating to the physical integrity, conformity, or completeness of the received products. This is without prejudice to the Customer’s legal warranty rights as per Art. 13 and the right of withdrawal under Art. 14.
LATE DELIVERY
1. If the Contract has been concluded and the delivery of the products ordered by the Customer has not occurred within the communicated timeframe, the delivery deadline shall be extended by up to 30 (thirty) days from the conclusion of the Contract.
2. Pursuant to Article 61 of the Consumer Code, if EUROSTEP does not deliver the products within the period referred to in Article 10.1., the Customer may:
a) withdraw from the Contract in accordance with the methods set out in Art. 14.2. and obtain a refund as provided in Art. 14.4.;
b) or request EUROSTEP to complete the delivery within an additional period appropriate to the circumstances. If this additional period expires without the products being delivered, the Customer is entitled to terminate the Contract, without prejudice to the right to reimbursement of all amounts paid under the Contract and to possible compensation for damages.
FAILURE TO COLLECT PRODUCTS
1. If the products cannot be delivered due to the absence of the Customer or for any other reason (e.g., incorrect or untraceable address), a second delivery attempt will be made, or the courier will store the products at its facility until the Customer collects them. If the products are not collected within the period set by the courier, they will be returned to EUROSTEP. In this case, the Contract will be considered terminated by law in accordance with Article 1456 of the Civil Code, upon written notice to the Customer via email, and the related purchase order will be canceled. Within 15 (fifteen) days, EUROSTEP will refund the amount paid by the Customer for the products, deducting the costs of the failed delivery, return shipping costs, and any other expenses incurred due to the Customer’s failure to accept delivery.
2. Following this communication, if the Customer still wishes to receive the previously ordered products, they must place a new purchase order.
DECLARATIONS AND WARRANTIES OF THE CUSTOMER
1. The Customer declares and guarantees that they are legally able to accept these General Terms and Conditions; that they are of legal age; that the personal data and other information provided to EUROSTEP during registration or product purchase are true, correct, and up to date; and that they will use the Site in compliance with all applicable laws and regulations, refraining from any use of the Site, whether direct or indirect, that violates the law, these General Terms and Conditions, or the rights of third parties. EUROSTEP reserves the right to verify at any time and by any means available the accuracy of the information provided, including requesting supporting documentation, and to suspend or terminate the Customer’s account in case of violation.
2. The Customer agrees to indemnify and hold harmless EUROSTEP against any liability, claim, cost, expense, or demand resulting from the Customer’s breach of the warranties and declarations set forth in Article 12.1., without prejudice to EUROSTEP’s right to immediately terminate the Contract under Article 1456 of the Civil Code.
LEGAL WARRANTY OF CONFORMITY
1. Products sold to the Customer through the Site are covered by the legal warranty of conformity provided by the Manufacturer/Supplier, pursuant to Articles 128 et seq. of the Consumer Code (“Legal Warranty”). To benefit from the warranty, the Customer must keep and present the invoice (or the purchase receipt or delivery note) received at the time of delivery.
2. Without prejudice to the provisions of Article 13.2. above, the Customer acknowledges and accepts that the Legal Warranty does not cover any defects or damage occurring after delivery, such as those caused by improper use by the Customer or third parties.
RIGHT OF WITHDRAWAL
1. Pursuant to Articles 52 et seq. of the Consumer Code and subsequent amendments, the Customer has the right to withdraw from the contract, without needing to provide any reason, within 14 (fourteen) days from the delivery of the products, or from the day the Customer or a third party designated by them acquires physical possession of the products. If the Customer has purchased multiple products with a single order that were delivered on different dates, the withdrawal period expires 14 (fourteen) days from the date of delivery of the last product. The right of withdrawal does not apply to product categories for which it is expressly excluded under Art. 59 of the Consumer Code and subsequent amendments (for example, for customized or clearly personalized goods).
2. To exercise the right of withdrawal, the Customer, in accordance with Art. 54 of the Consumer Code, may choose one of the following options:
- send an explicit declaration of withdrawal to the following contact: stonefly.support@ecommerceonline.it;
- follow the instructions provided by Customer Service for returning the product.
3. Once the withdrawal request is received, Customer Service will promptly email the Customer a confirmation of receipt, along with the return form to include in the package and instructions on how to return the product.
4. In the event of withdrawal, the Customer will be refunded all amounts paid to EUROSTEP at the time of purchase, including delivery costs if all purchased products are returned. For returns from non-EU countries, customs duties and local taxes payable by the Customer will be deducted from the refund amount, as specified below. The refund will be made without undue delay and in any case no later than 14 (fourteen) days from the date EUROSTEP was informed of the Customer’s decision to withdraw from the contract. Refund times may be longer if customs duties and local taxes are to be deducted. Refunds will be issued using the same payment method used by the Customer for the original transaction. Return shipping costs are covered by EUROSTEP only if the return shipment is organized by EUROSTEP. Therefore, the Customer will not owe anything for exercising the right of withdrawal, except for any customs duties and local taxes for returns from non-EU countries, which will be deducted from the refund amount for convenience.
5. The Customer must return or deliver the products to EUROSTEP without undue delay and in any case within 14 (fourteen) days from the date they communicated their decision to withdraw from the contract. The deadline is met if the Customer ships the products before the end of the 14-day period to the following address: via Montebelluna 5/7 31040 Trevignano (TV). In this case, EUROSTEP may withhold the refund until it has received the products or until the Customer has provided proof of having returned the products, whichever occurs first.
6. The Customer must return the products in a perfect state of preservation, undamaged, with original tags not removed, and in the original packaging. Specifically, returned products must not have been worn, used, washed, or altered in any way. Returns of incomplete, damaged, used, or altered products will not be accepted. Product packaging must be carefully prepared to protect the original packaging from damage, markings, or labels. If the return concerns an order that included free gifts, such gifts must also be returned.
7. If the right of withdrawal is lost due to expiration of the term, or if the return cannot be accepted because it does not comply with the conditions set out in Art. 14.6., EUROSTEP will notify the Customer accordingly. The product, if already returned, will remain available to the Customer at via Montebelluna 5/7 31040 Trevignano (TV), and the Customer must collect it at their own expense.
INTELLECTUAL PROPERTY
1. STONEFLY guarantees the authenticity and high quality of all products offered for sale through the Site. All intellectual property rights (including, without limitation, the “STONEFLY” trademarks, both word and figurative marks) pertaining to or associated with the products and their related accessories and packaging are and shall remain the exclusive property of STONEFLY.
2. The Customer will not acquire any rights over STONEFLY’s intellectual property rights as a result of or by virtue of the Contract and/or these General Conditions. The total or partial reproduction, modification, alteration, or any other use of STONEFLY’s intellectual property rights without the prior written consent of STONEFLY is strictly prohibited.
CUSTOMER SERVICE
1. The Customer Service, which the Customer can contact for any information, assistance, or complaints, is available at the following contacts:
- email: support@stonefly-support.zendesk.com
- phone: +39 0423 076 017
FORCE MAJEURE
1. EUROSTEP shall not be held liable for failure or delay in the performance of any of its obligations under the Contract and/or these General Terms and Conditions due to events beyond its reasonable control, such as strikes, lockouts, civil unrest, invasions, terrorist attacks (including threats), wars (declared or not) or threats of war, fires, explosions, storms, floods, earthquakes, subsidence, epidemics, pandemics, or other natural disasters, inability to use railways, maritime transport, aircraft, motor transport, or other public or private transport means, inability to use public or private telecommunications networks, or acts, decrees, laws, regulations, or restrictions imposed by governments and/or public authorities (“Force Majeure”).
2. In the event of Force Majeure, EUROSTEP’s obligations may be suspended for the entire duration of the Force Majeure event. EUROSTEP commits to informing the Customer of the Force Majeure event without undue delay and in any case within 7 (seven) days of its occurrence. This is without prejudice to the Customer’s right of withdrawal under Art. 14.
ONLINE DISPUTE RESOLUTION
1. The Customer may access the platform set up by the European Commission for the resolution of disputes related to online sales contracts (“ODR Platform”). Through the ODR Platform, the Customer and EUROSTEP can resolve disputes relating to purchases made online with the assistance of an impartial body. The ODR Platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show
APPLICABLE LAW AND JURISDICTION
1. These General Terms and Conditions are entirely governed by Italian law. Conflict-of-law rules and rules of international private law are excluded, as is the United Nations Convention on Contracts for the International Sale of Goods (CISG), adopted in Vienna on April 11, 1980. Mandatory consumer protection provisions in the Customer’s country of habitual residence shall remain unaffected.
2. Any disputes arising between the parties regarding the validity, interpretation, performance, or termination of these General Terms and Conditions or of any Contract – if the Customer intends to refer the matter to the ordinary courts – shall fall under the exclusive jurisdiction, at the Customer’s discretion, of the Court of Treviso or the court of the Customer’s place of residence or domicile if the latter is located in an EU Member State. The Seller shall submit any dispute arising under these General Terms and Conditions to the court of the country where the Customer habitually resides, if it is an EU Member State; otherwise, it shall be submitted to the Court of Treviso.