GENERAL TERMS AND CONDITIONS FOR ONLINE SALES TO END CUSTOMERS (B2C)
General Terms and Conditions for online sales to end customers of Unterthurner G.m.b.H. with registered office in 39020 Marling (Bz), Anselm Pattis Street 14, VAT No. 00918130212, registered in the Commercial Register of the Chamber of Commerce of Bolzano, entry no. BZ017234, e-mail address: firstname.lastname@example.org, phone: 0473 447186 in the person of the legal representative, Stephan Unterthurner (hereinafter referred to as "Seller");
§ 1. subject matter of the contract
1.1 These General Terms and Conditions, made available to the Buyer for reproduction and retention pursuant to Article 12 of Legislative Decree No. 70 of 9 April 2003, shall govern the purchase of products at a distance and by means of distance communication through the website www. unterthurner.it of the seller with registered office in 39020 Marlengo (BZ), Anselm Pattis Street 14, VAT No. 00918130212, registered in the Commercial Register of the Chamber of Commerce of Bolzano, entry No. BZ017234, e-mail address: email@example.com, phone: 0473 447186.
1.2 With the present Contract, the Seller sells and the Buyer purchases at a distance the Products listed and offered for sale on the Seller's website.
1.3 The essential characteristics of the Products are described on the Seller's website. Illustrations of the Products do not necessarily reflect their properties accurately.
1.4 The Seller undertakes to deliver the selected Products - if available - against payment of the corresponding amount in accordance with Article 3 of this Contract.
§ 2. acceptance of the terms and conditions
2.1 All orders are submitted by the Buyer to the Seller by completing the specified order process.
2.2 These General Terms and Conditions shall be reviewed online by the Buyer prior to completion of the order process. Thus, the transmission of the order by the Buyer implies the full knowledge of these Terms and Conditions and their full acceptance.
2.3 The Buyer, who transmits the confirmation of his order by digital means, undertakes to fully accept the terms and conditions of business and payment described below and to comply with them in his business relations with the Seller; he declares that he has seen and accepts all the information provided by the Seller in terms of the above provisions, and he further acknowledges that the Seller is not bound by any terms and conditions to the contrary, unless they have been agreed in writing in advance.
2.4 In order to accept the Terms and Conditions, all sections of the online form must be filled in completely and accurately by following the instructions on the screen and, finally, by ticking the boxes ACCEPTING THE TERMS AND CONDITIONS AND PRIVACY INFORMATION and thus accepting them.
§ 3. order modalities and sales prices
3.1 The prices of the Products indicated on the Website are expressed in Euros and include VAT. They are always indicative and must be expressly confirmed by e-mail by the Seller, who thereby accepts the order.
3.2 The product prices published on the homepage or in other sections of the Website are inclusive of VAT. Shipping costs are always calculated when entering the online order and are clearly indicated for the Buyer. The total cost of shipping to the Buyer's address shall be borne by the Buyer, except in the case of exceptions and deviations, which shall be appropriately announced on the Website and/or communicated by e-mail. In any case, the costs will be communicated to the Buyer before confirming the order.
3.3 Once the Buyer has found the desired product in the electronic online catalog at the address www.unterthurner.it, he/she may place it in the electronic shopping cart without obligation. The content of the shopping cart can be viewed, changed or removed by the Buyer at any time. After confirming the shopping cart, the buyer must fill in the application form correctly and completely and give consent to the purchase online. The ordering process can be cancelled at any time by closing the browser window.
§ 4. conclusion of the contract
4.1 The order is considered accepted by us only as soon as we send the customer a shipping confirmation by e-mail (within 3 working days for products ready for shipment, after 5 days at the latest) or by delivery of the goods in the designated period. The contract is concluded in the place where the legal seat of the Seller is located.
4.2 Only orders in household quantities are accepted. This shall also apply in the event that the placement of several orders by the same Customer exceeds the quantity customary for the household, even if the individual orders contain only a quantity of the Product customary for the household.
4.3. The Seller shall inform the Buyer, in accordance with Article 12 of GvD 70/2003, that each incoming order shall be stored/kept in digital form on the server/paper at the Seller's registered office in accordance with the criteria of confidentiality and data security.
4.4 Due to the sale of alcoholic beverages, contractual relations are valid only with persons of legal age. The Buyer must provide his date of birth (as a mandatory field) when placing his order.
§ 5. payment modalities
5.1 The purchase price is due for payment upon the conclusion of the purchase contract.
5.2 Payments by the Buyer can be made only in the following forms: Advance payment by bank transfer, online payment by credit card or PayPal, and cash on delivery.
5.4 VAT-free export of goods:
We are not allowed to export goods VAT-free abroad due to the state monopoly (alcohol). It can be expressly delivered only within Italy.
5.3 The possibility of discount does not exist.
§ 6. delivery modalities
6.1 Except for cases of personal collection of the Product directly from the Seller, the Seller will deliver to the Buyer the Products selected and ordered according to the modalities described in the preceding articles, by means of carriers or courier services of trust, to the delivery address indicated by the Buyer. Delivery is possible only within Italy and, depending on the item and the destination country, will be made within the time limit indicated on the Seller's site and in the email confirmation.
In the event that the Seller is not able to make the delivery within this period, the Buyer will be notified in a timely manner by e-mail.
6.2 If the Buyer is absent at the time of delivery, a note will be left with the necessary information to contact the courier or carrier and agree on the terms of delivery.
6.3 The Seller is not responsible for the delay or lack of delivery of the goods in case of inaccurate or incorrect address data provided by the Buyer.
6.4 Unterthurner G.m.b.H. does not offer partial deliveries. However, we reserve the right to split the delivery into several packages for logistical reasons. In this case, the buyer shall only have to pay the shipping costs that would have been incurred in the case of the total delivery of the ordered goods.
6.5 Upon receipt of the goods, the Buyer must verify that the delivered product corresponds to the order; only after this verification may the Buyer sign the delivery documents, subject to the right of withdrawal provided for in Article 10 of the Terms and Conditions.
6.6 The Buyer is obliged to ensure that only he himself or persons of legal age authorized by him to receive the delivery accept the delivery of goods. The customer shall indemnify Unterthurner G.m.b.H. against any claims of third parties arising from a breach of this obligation.
6.7 If the customer is in default of acceptance or culpably violates other obligations to cooperate, Unterthurner G.m.b.H. shall be entitled to demand compensation for the resulting damage, including any additional expenses. Further claims shall remain reserved.
6.8 The risk of accidental loss or accidental deterioration of the purchased goods shall pass to the buyer at the time when the buyer is in default of acceptance.
§ 7. limitation of liability
7.1 The Seller shall not be liable if the goods are delivered late or not at all and this is due to cases of force majeure, such as accidents, explosions, fires, earthquakes, floods or other comparable events that prevent the timely execution of the contract in whole or in part.
7.2 The Buyer shall not hold the Seller liable for any malfunctions or interruptions beyond the Seller's control in connection with the use of the Internet, except in the event of intent or gross negligence on the part of the Seller.
7.3 The Seller shall not be liable to the Contracting Parties or third parties for any damages, losses and costs resulting from the non-execution of the Contract for the above reasons.
7.4. The Seller shall not be liable for any fraudulent and unlawful use of credit cards, checks and other means of payment by third parties when paying for the ordered products, if he can prove that he has taken all possible precautions according to the current state of knowledge and experience and with due diligence.
§ 8. warranty and customer service
8.1 In case of any questions, complaints or suggestions, the Buyer may contact firstname.lastname@example.org. In order to ensure that the questions, complaints or suggestions are dealt with quickly, the Buyer should describe the problem as precisely as possible and, if necessary, send copies of order documents or indicate order number, customer number, etc.
8.2 In case of conformity defects, the provisions on the statutory warranty pursuant to Legislative Decree No. 206 of September 6, 2005 shall apply.
8.3 The warranty shall apply only to the products specified in Legislative Decree No. 206 of 6 September 2005.
§ 9. obligations of the buyer
9.1 The Buyer undertakes to pay the purchase price for the ordered goods in the term and form specified in the contract.
9.2 Upon completion of the ordering process, the Buyer shall print and keep these General Terms and Conditions, which he/she has already viewed and accepted in a mandatory step at the time of ordering, as well as the product specifications of the ordered product, in order to fully comply with the conditions set forth in Legislative Decree No. 206 of September 6, 2005.
9.3 The Buyer is strictly prohibited from entering false and/or fictitious and/or fantasy data when registering through the relevant online form. In the case of personal data and e-mail address, only the Buyer's own real data and not those of third parties or invented persons may be entered. Thus, the Buyer assumes full liability for the accuracy and truthfulness of the information provided in the registration form to complete the ordering process.
9.4 The Buyer indemnifies the Seller from any liability for the issuance of incorrect tax documents due to incorrect information provided by the Buyer, who is solely responsible for the correct data entry.
9.5 When purchasing alcoholic products, the Buyer confirms and expressly declares that he/she has reached the minimum legal age of 18 years provided for the purchase of alcoholic products. In addition, the Buyer of alcoholic products declares that the data provided for the execution of the contract are true.
§ 10. right of withdrawal according to legislative decree no. 206/2005
10.1 The right of withdrawal applies only to the products mentioned in the Legislative Decree No. 206 of 6 September 2005.
10.2 For the products for which the right of withdrawal is not excluded, the Buyer may withdraw from the concluded contract without penalty and without giving any reason within 14 (fourteen) days from the date of receipt of the ordered goods. Any revocation shall be addressed to Unterthurner G.m.b.H. with its registered office in 39020 Marling (BZ), Anselm Pattis Str. 14, 0473 447186, email@example.com .
10.3 If the Buyer wishes to exercise his right of withdrawal, he must inform the Seller of his decision to withdraw from the contract by means of a clear statement (e.g. a letter sent by mail or e-mail).
10.4 In order to comply with the withdrawal period, it is sufficient that the Buyer sends the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. The burden of proof regarding the intended exercise of the right of withdrawal lies with the buyer.
10.5 The goods must be returned without delay and in any case no later than within 14 (fourteen) days from the date on which the Buyer notified the Seller of its decision to withdraw from the contract. The Buyer shall be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
10.6 In the cases expressly provided for in Article 59 of Legislative Decree No. 206/2005, the Buyer may not exercise the right of withdrawal.
10.7 In case of exercising the right of withdrawal according to the provisions of this article, the Buyer shall bear the costs directly related to the return of the goods to the Seller.
10.8 The Buyer who exercises his right of withdrawal as intended shall be refunded all amounts already paid, including delivery costs, except for the additional costs incurred because the Buyer expressly opted for a type of delivery other than the cheaper standard delivery offered by the Seller. The refund will be made without delay and in any case within 14 days from the date on which the Seller was informed of the Buyer's decision to exercise the right of withdrawal, using the same means of payment used by the Buyer in the original transaction, unless otherwise expressly agreed with the Buyer. However, Seller may refuse repayment until it has received the goods back or until Buyer has provided proof that it has returned the goods, whichever is the earlier, unless Seller has offered to collect the goods itself.
10.9 Upon receipt of the notice in which the Buyer notifies the Seller of the exercise of the right of withdrawal, the Parties shall be released from their respective obligations, without prejudice to the provisions of this Article.
10.10 Exclusion of the right of withdrawal: the right of withdrawal does not apply to contracts for the supply of goods that can spoil quickly or whose expiry date would be quickly exceeded. There is no right of withdrawal, unless otherwise agreed, for contracts for the provision of services related to leisure activities, if the contract provides for a specific date or period for the provision.
10.11 The EU has set up an online portal to help dissatisfied customers. If you have a complaint about goods or services purchased from us over the Internet, you can find a neutral dispute resolution body at the following address ec.europa.eu/consumers/odr to reach an out-of-court solution. Please note, for some industries and in some countries there are currently (as of 01/02/2017) no dispute resolution bodies. Therefore, as a consumer, you may not be able to use this portal to resolve disputes with us in these countries. For more information, please visit the EU online portal. We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board. Nevertheless, we are generally willing to participate in a dispute resolution procedure before a consumer arbitration board.
§ 11. express dissolution clause
11.1 The obligations provided for the Buyer in Art. 9 are essential to this contract. It is therefore expressly agreed that the non-fulfillment of even one of these obligations, unless due to accident or force majeure, shall result in the cancellation of the contract in accordance with art. 1456 of the Italian Civil Code, without the need for a court judgment.
§ 12. communications
12.1 Except for the cases expressly mentioned or those established by law, communications between the Seller and the Buyer shall preferably be made by e-mail messages sent to the respective e-mail addresses, which shall be considered by both Parties as a valid means of communication and the use of which cannot be objected to in court solely on the basis of the fact that they are electronic documents.
12.2 Written communications to the Seller as well as possible complaints shall only be valid if they are sent to the address of Unterthurner G.m.b.H. with registered office in 39020 Marling (BZ), Anselm Pattis Str. 14, 0473 447186, firstname.lastname@example.org.
12.3 Both contracting parties may change their e-mail address for the purposes mentioned in this article at any time, provided that they immediately inform the other contracting party in compliance with the forms mentioned in the above paragraph.
§ 13. processing of personal data
§ 14. place of jurisdiction
14.1 In case of any dispute arising out of or in connection with this Agreement, the Parties shall jointly endeavor to find a fair and amicable solution.
14.2 In the event that a dispute cannot be settled amicably, it shall be submitted to the court in the district of the Buyer's domicile, in accordance with article 66-bis of Legislative Decree no. 206/05, provided that this is located on Italian territory; if the Buyer is not an end user, it is agreed that the court in Bolzano shall have exclusive jurisdiction over all disputes, even in derogation of the provisions on territorial jurisdiction.
§ 15. applicable law and reference to the law
15.1 The present Contract is governed by Italian law.
15.2 Unless otherwise expressly stipulated herein, the legal provisions applicable to the business relationships and transactions provided for in this Contract and, in any case, the provisions of the Italian Civil Code and Legislative Decree No. 206 of September 6, 2005 (Consumer Code) shall apply.
§ 16. final clauses
16.1 This contract cancels and supersedes all previous written and oral agreements, understandings and negotiations of the contracting parties on the same subject of this contract.
16.2 The possible invalidity of individual provisions shall not affect the validity of the contract as a whole.
16.3 These General Terms and Conditions have been drawn up in Italian and in German. The contracting parties agree that in the event of any difficulties of interpretation, the text in Italian shall be considered authentic and effective.