General conditions of online sale
Of Trocker Speck, with registered office in 39040 Castelrotto (BZ), Localita Tisens 17, VAT number 01751010214, registered in the Register of Companies of the Chamber of Commerce of Bolzano, registered with the VWV no. BZ-161520, E-Mail-Adresse: firstname.lastname@example.org, Tel.: 0039 0471 706493.
- that the Seller operates the website www.kaltenbrunnhof.com (hereinafter “Site”);
- that the site is intended for commercial transactions between entrepreneur and consumer (B2C);
- that the expression “General Conditions of Online Sale” means the contract of sale for the Seller’s consumer goods concluded between the Seller and the Buyer within the framework of a distance selling system organised by the Seller;
- that the trademark and logo relating to the site are the exclusive property of the Seller;
- that these conditions of sale govern the online sale between Trocker Speck sas and the Buyer who expressly declares to make the purchase for purposes that do not fall within the framework of its commercial, industrial, artisan or professional activity;
- that these premises are an integral and substantial part of the contract
It is hereby agreed as follows:
1. Subject matter of the contract
1.1. These general conditions, which are made available to the Buyer for reproduction and storage pursuant to art. 12, Legislative Decree no. 9 April 2003, n. 70, have as their object the purchase of products, made remotely and via a computer network, through the website belonging to the Seller, with headquarters in 39040 Castelrotto (BZ), Via Tisens 17, VAT number, registered 01751010214,in the Register of Companies of the Chamber of Commerce of Bolzano, registration with the VWV no. BZ-161520,
E-Mail-Adresse: email@example.com, Tel.: 0039 0471 706493.
1.2. With this contract, respectively, the Seller sells and the Buyer buys at a distance the products indicated and offered for sale on the Site of the Seller.
1.3. The main characteristics of the products referred to in the previous point are illustrated on the Seller’s Website. The image accompanying a product may not be perfectly representative of its characteristics.
1.4. The Seller undertakes to supply the selected products – within the limits of their availability – against payment of a fee as per art. 3 of this contract.
2. Acceptance of the conditions of sale
2.1. All purchase orders will be forwarded by the Buyer to the Seller through the completion of the purchase procedure indicated.
2.2. These general conditions of sale must be examined “online” by the Purchaser, before the completion of the purchase procedure. The forwarding of the purchase order by the Buyer, therefore, implies total knowledge of the same and their full acceptance.
2.3. The Purchaser, by sending the confirmation of his purchase order electronically, unconditionally accepts and undertakes to observe, in its relations with the Seller, the general and payment conditions illustrated below, declaring that it has read and accepted all the information provided by him pursuant to the above rules, also noting that the Seller does not consider itself bound to different conditions, unless previously agreed in writing.
2.4. Acceptance of the conditions of sale must be manifested by filling out all the sections of the electronic form, following the instructions on the screen and, finally, by selecting the boxes with the words acceptance of sale conditions and privacy information, thereby fully accepting the contents of these documents.
3. Terms of purchase and sale prices
3.1. The sale prices of the products on the Site are expressed in euros and are subject to express confirmation by e-mail from the Seller, which constitutes acceptance of the purchase order.
3.2. The prices of the products published on the homepage or in the various sections of the Site are inclusive of VAT. Shipping costs vary according to the chosen article and the selected destination country and will be calculated and made visible to the Buyer at the time of placing the order. The total cost of shipping to the Buyer’s home is borne by the same, except for exceptions and derogations that will be specifically advertised on the site and / or communicated by e-mail. The cost is, in any case, made known to the Purchaser before the confirmation of the purchase order.
3.3. The product chosen by the Buyer in the electronic catalogue on the site www.kaltenbrunnhof.com, can be inserted without obligation in the electronic cart. The contents of the shopping cart may be viewed, modified or deleted at any time. After confirming the cart, the Buyer must correctly fill in the request form in all its parts.
3.4. Receipt of the order does not bind the Seller until it has expressly accepted the order by e-mail. The Seller, by e-mail containing a summary of the order details, after checking the availability of the chosen product, will formally confirm and accept the order received.
3.5. The Buyer expressly gives the Seller the right to accept, even partially, the order placed (for example, in the event that all the products ordered are not available). In this case, the contract shall be deemed to have been finalised in relation to the goods actually sold.
4. Conclusion of the contract
4.1. The Contract stipulated through the Site is considered concluded when the Buyer receives, by e-mail, the formal confirmation of the order, through which the Seller accepts the order sent by the Buyer and informs him that he can proceed with the execution of the same. The Contract is concluded at the place where the Seller’s registered office is located.
5. Methods of payment
5.1 Any payment by the Buyer may only be made by means of one of the following methods: advance payment by bank transfer, online payment by credit card.
a) advance payment by bank transfer: payment must be made at Cassa Raiffeisen Castelrotto-Ortisei
IBAN: IT 16 H 08056 23100 000300003875. The goods will be shipped to confirm payment.
b) online payment by credit card;
6. Methods of delivery
6.1. The Seller will deliver to the Buyer, at the address indicated by the latter, the products selected and ordered, in the manner provided for in the previous articles, by couriers and / or shippers of confidence. Deliveries are made only in the Countries of the European Union and will be made, depending on the article chosen, within the terms indicated on the Seller’s website and in the confirmation e-mail that will be sent to the Purchaser. In the event that the Seller is unable to ship within the terms indicated therein, the Buyer will be promptly notified by e-mail. In any case, the goods ordered will be sent once payment has been made for them and therefore the term for delivery starts to run from that moment.
6.2. If the Buyer is absent at the time of delivery, a notice will be left with the necessary information to contact the courier or shipper in order to agree on the delivery terms.
6.3. The Seller shall not be liable for any delay or non-delivery due to incorrect or incomplete communication of the address by the Buyer.
6.4. Upon receipt of the goods, the Purchaser is required to verify the conformity of the product delivered to him with the order placed, only after this verification should proceed to sign the delivery documents, subject of course to the right of withdrawal provided for in art. 10 of these conditions.
7. Limitations of liability
7.1. The Seller does not assume any responsibility for the delay or non-delivery of the goods due to force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, to execute the contract within the agreed time.
7.2. The Seller shall not be held liable towards the Buyer, except in the case of wilful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the Internet that are beyond the control of the Seller.
7.3. The Seller shall not be liable to any party or third party for damages, losses and costs incurred as a result of failure to perform the contract for the reasons mentioned above, the Purchaser having only the right to a refund of any price paid.
7.4. The Seller does not assume any responsibility for any fraudulent or illegal use that may be made by third parties, credit cards, cheques and other means of payment, upon payment of the products purchased, if it proves to have taken all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
8. Guarantees and methods of assistance
8.1. The Seller sells only original and high quality products. In the event of any questions, complaints or suggestions, the Buyer may contact the Seller via the e-mail address firstname.lastname@example.org. In order to ensure a quick handling of questions, complaints or suggestions, the Buyer must accurately illustrate the problem and possibly attach the order documents, or indicate the order number, customer number, etc.
8.2. In case of lack of conformity, the rules on the legal guarantee as provided for by Legislative Decree no. 206 of 6 September 2005 will apply.
8.3. The warranty applies only to the products indicated in Legislative Decree no. 206 of 6 September 2005.
9. Obligations of the Buyer
9.1. The Buyer undertakes to pay the price of the product purchased in the times and manner indicated in these General Conditions.
9.2. The Purchaser undertakes and undertakes, once the purchase procedure has been completed, to print and keep these general conditions – which, moreover, he has already read and accepted as an obligatory step in the purchase procedure – and the specifications of the product purchased, in order to fully satisfy the conditions set out in Legislative Decree no. 206 of 6 September 2005.
9.3. It is strictly forbidden for the Buyer to enter false and/or invented and/or fictitious data in the registration procedure through the appropriate electronic form; the personal data and e-mail must correspond to the real personal data of the Buyer and not of third parties or fictitious data. The Buyer assumes, therefore, full responsibility for the accuracy and truthfulness of the data entered in the electronic registration form, aimed at completing the procedure for the purchase of products.
9.4. The Buyer indemnifies the Seller from any liability arising from the issue of incorrect tax documents due to errors in the data provided by the Buyer, the latter being solely responsible for the correct inclusion.
10. Right of withdrawal pursuant to Legislative Decree no. 206/2005
10.1. The right of withdrawal is limited to the products provided for by Legislative Decree no. 206 of 6 September 2005 and is therefore expressly excluded for goods that are likely to deteriorate or expire rapidly, such as sausages or salami, as provided for in art. 59 letter. d).
10.2. For products for which the right of withdrawal is not excluded, the Buyer has the right to withdraw from the contract, without penalty and without specifying the reason, within a period of 14 (fourteen) days from the day of receipt of the product purchased.
10.3. In the event that the Purchaser decides to exercise the right of withdrawal, he must notify the Seller, using the standard withdrawal form in Annex I part B of Legislative Decree no. 21/2014, or by presenting any other explicit statement of his decision to withdraw from the contract. The burden of proof relating to the exercise of the right of withdrawal, in accordance with this article, lies with the Purchaser.
10.4. The return of the goods must take place without undue delay and in any case within 14 (fourteen) days from the date on which the Purchaser notified the Seller of his decision to withdraw from the contract. In any case, in order to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in a state of preservation as a result of the necessary verification of the goods to establish the nature, characteristics and functioning of the same.
10.5. The Buyer may not exercise the right of withdrawal for purchase contracts for goods made to measure or clearly personalized or that, by their nature, can not be returned or are likely to deteriorate or expire rapidly.
10.6. The Buyer who exercises the right of withdrawal under this article, shall bear the direct costs of returning the goods to the Seller.
10.7. The Buyer who exercises the right of withdrawal in accordance with what has been established will be reimbursed the sums already paid, with the exception of the additional costs related to the type of delivery expressly chosen by the Buyer and different from the less expensive type offered by the Seller. These sums shall be refunded without undue delay and in any case within 14 (fourteen) days, starting from the day on which the Seller was informed of the Purchaser’s decision to withdraw from the contract. Unless the Seller has offered to collect the goods himself, the Seller may nevertheless withhold the refund until it has received the goods or until the Buyer has proved that he has returned the goods, whichever comes first.
10.8. Upon receipt of the notice in which the Buyer informs the Seller to exercise the right of withdrawal, the Parties are relieved of their mutual obligations, without prejudice to the provisions of this article.
11.1. Except in the cases expressly indicated or established by law, communications between the Seller and the Purchaser shall preferably take place by means of e-mail messages to the respective e-mail addresses which shall be considered by both parties as a valid means of communication and the production of which in court shall not be subject to dispute solely because they are computer documents.
11.2. Written communications to the Seller, as well as any complaints, shall be considered valid only if sent to the following address: Trocker Speck whit registered office in 39040 Castelrotto, Localita Tisens 17, e-mail: email@example.com
11.3. Both parties may at any time change their e-mail address for the purposes of this article, provided that they promptly notify the other party in accordance with the forms established by the preceding paragraph.
12. Processing of personal data
13.1. In the event of any dispute arising out of or in connection with this contract, the parties agree to seek a fair and amicable settlement between themselves.
13.2. Pursuant to the provisions of EU Regulation no. 524/2013, the Seller informs the Buyer that a European platform for the online resolution of consumer disputes (the so-called ODR platform) has been established. The ODR platform is available at the following address https://ec.europa.eu/consumers/odr. The ODR platform is an access point for Buyers who wish to resolve disputes arising from sales contracts or online services out of court. To this end, the Seller’s e-mail address is firstname.lastname@example.org
13.3. If the dispute has not been resolved amicably or by means of an ADR entity brought before it through the ODR platform, the same can be brought at any time to the exclusive knowledge of the Court in whose district the Buyer has his domicile, if located in the territory of the State, as provided for by art. 66-bis of Legislative Decree no. 206/05; in the event that the Buyer does not have the status of final consumer it is agreed that any dispute, even in derogation of the rules on territorial jurisdiction, will be the exclusive competence of the Court of Bolzano.
14. Applicable law and referral
14.1. This contract is governed by Italian law.
14.2. For anything not expressly provided for herein, the rules of law applicable to the relationships and cases provided for in this contract shall apply and, in any case, the rules of the Civil Code and of Legislative Decree no. 206 of 6 September 2005 (Consumer Code).
15. Final clauses
15.1. This contract cancels and replaces all previous agreements, understandings, negotiations, written or oral, between the parties concerning the subject matter of this contract.
15.2. The ineffectiveness of certain clauses, if any, shall not affect the validity of the entire contract.