1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) shall apply, in the version in force at the time of the order, to all sales contracts concluded via our webshop www.collezione-endrizzi.com (hereinafter referred to as “Webshop”) between us, the
Collezione Endrizzi von Ivan Endrizzi, Europastrasse 14, 39052 Kaltern an der Weinstrasse (BZ) ISüdtirol/Italien Telefon: +393483556199 E-Mail: firstname.lastname@example.org and you as our customer (hereinafter referred to as “Sales Contracts”).
1.2 However, these GTC do only apply if you act as a consumer. You do act as a consumer if you, as a natural person, are acting for purposes which are outside your business, trade, craft or profession. Therefore, and considering the choice of law made in clause 9 below, we draw your attention on the fact that articles 45 and following of the Italian Legislative Decree of 6 September 2005, no. 206 (hereinafter referred to as “Consumer Code”) apply.
1.3 The languages available for the conclusion of the Sales Contract are [German, and
2.ORDERING PROCESS AND CONTRACT CONCLUSION5
2.1 The goods offered for purchase via our Webshop and their main characteristics are displayed in our Webshop. You can select these goods and place them in a so-called shopping basket. The goods you wish to purchase are collected in this shopping basket. The shopping basket thus also gives you an overview of your planned purchases.
2.2 If you wish to place an order, please go to the shopping basket. Here you will be guided through the further ordering process. You will be asked to enter the data required to process the order and to select the shipping and payment method.
2.3 Directly before you place an order, we will make you aware in a clear and prominent manner in an order overview of the main characteristics of the goods, the total price of the goods inclusive of taxes as well as, where applicable, all additional freight, delivery or postal charges and any other costs.
2.4 When placing the order, you are asked to explicitly acknowledge that the order implies an obligation to pay. Placing an order entails activating a button, which is labelled in an easily legible manner only with the words “order with obligation to pay” or a corresponding unambiguous formulation. As long as you do not activate this button, you may at any time change the order, correct any input errors or even cancel the order process completely. As soon as you have activated the button and thus placed an order, we will immediately confirm receipt of the order by e-mail.
2.5 We will provide you with the confirmation of the Sales Contract concluded, which will be stored in line with data protection law, on a durable medium within a reasonable time after the conclusion of the Sales Contract, and at the latest at the time of delivery of the goods.
3.PRICES, COSTS AND PAYMENT
3.1 The total price of the goods inclusive of taxes as well as, where applicable, all additional freight, delivery or postal charges and any other costs are displayed in our Webshop.
3.2 We accept the following means of payment: Paypal, Credit Card (Visa, Mastercard, American Express), SEPA Direct Debit, Bancontact, Sofortüberweisung, Giropay, EPS, iDeal, Przelewy24 (P24) , Alipay, Multibanca
4.DELIVERY OF THE GOODS
4.1 The goods are delivered by Delivered at Place (DAP). We only deliver if you have your habitual residence in one of the following countries and if you can provide a delivery address in the relevant country: Worldwide
4.2 Unless specific delivery times are indicated for the relevant goods in our Webshop, we will deliver the goods in accordance with Article 61 of the Consumer Code without undue delay, but not later than 30 days from the conclusion of the Sales Contract.
4.3 Where we have failed to fulfil our obligation to deliver the goods at the time agreed upon with you or within the time limit set for in clause 4.2 above, you shall have the right to call upon us to make the delivery within an additional period of time appropriate to the circumstances. If we fail to deliver the goods within that additional period of time, you shall be entitled to terminate the Sales Contract without prejudice to the right to claim damages.
4.4 You are not obliged to grant us an additional period of time as per clause 4.3 above, where:
(a) we have refused to deliver the goods; or
(b) delivery within the agreed delivery period is essential taking into account all the circumstances attending the conclusion of the Sales Contract; or
(c) you have informed us, prior to the conclusion of the Sales Contract, that delivery by or on a specified date is essential.
In those cases, if we fail to deliver the goods at the time agreed upon or within the time limit set out in clause 4.2 above, you shall be entitled to terminate the Sales Contract immediately without prejudice to the right to claim damages.
5.RIGHT OF WITHDRAWAL
5.1 According to Article 52 of the Consumer Code, you have a legal right of withdrawal, of which we inform you in more detail in our Webshop. The relevant instructions form an integral part of these GTC.
6.LEGAL GUARANTEE OF CONFORMITY FOR GOODS
6.1 According to Article 129 and following of the Consumer Code, there exists a legal guarantee of conformity for goods, the main contents and deadlines of which are described in more detail in this clause 6 as well as in clauses 7 and 8 below. No commercial guarantees are provided.
6.2 We must deliver goods to you which are in conformity with the Sales Contract.
6.3 Goods are presumed to be in conformity with the Sales Contract if the following conditions, where relevant, are simultaneously met:
(a) they are fit for the purposes for which goods of the same type are normally used;
(b) they comply with the description given by us and possess the qualities of the goods which we may have held out to you as a sample or model;
(c) they show the quality and performance which are normal in goods of the same type and which you can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by us or our agents or representatives, particularly in advertising or on labelling;
(d) they are fit for the purpose for which you require them and which you made known to us at the time of conclusion of the Sales Contract and which we have also implicitly accepted.
6.4 There shall be deemed not be a lack of conformity if, at the time the Sales Contract was concluded, you were aware, or could not reasonably be unaware of, the lack of conformity, or if the lack of conformity has its origin in your instructions or materials supplied by you.
7.RIGHTS IN CASE OF LACK OF CONFORMITY
7.1 We shall be liable to you, in accordance with Article 130 of the Consumer Code, for any lack of conformity which exists at the time the goods were delivered.
7.2 In the case of lack of conformity, you shall be entitled to have the goods brought into conformity free of charge by repair or replacement, in accordance with clauses 7.3 and 7.4, or to have an appropriate reduction made in the price or the Sales Contract terminated with regard to those goods, in accordance with clauses 7.5 and 7.6.
7.3 You may require us – at your choice – to repair the goods or to replace them, in either case free of charge, unless this is impossible or excessively burdensome. For such purposes a remedy shall be deemed to be excessively burdensome if it imposes costs on us which, in comparison with the alternative remedy, are unreasonable, taking into account:
(a) the value the goods would have if there were no lack of conformity;
(b) the significance of the lack of conformity; and
(c) whether the alternative remedy could be completed without significant inconvenience to you.
7.4 Any repair or replacement shall be completed within a reasonable time and without any significant inconvenience to you, taking account of the nature of the goods and the purpose for which you required the goods.
7.5 You may – at your choice – require an appropriate reduction of the price or have the Sales Contract terminated, if one of the following situations applies:
(a) if the replacement or repair are impossible or excessively burdensome;
(b) if we have not completed the repair or replacement within the term mentioned in clause 7.4;
(c) if the previously performed replacement or repair has caused you considerable inconvenience.
7.6 You are not entitled to have the Sales Contract terminated if the lack of conformity, for which the remedies of replacement or repair are impossible or excessively burdensome, is minor.
8.TIME LIMITS CONCERNING THE LEGAL GUARANTEE OF CONFORMITY
8.1 We are liable in accordance with Article 130 of the Consumer Code where the lack of conformity becomes apparent within 2 years as from delivery of the goods.
8.2 You forfeit your rights under Article 130(2) of the Consumer Code if you do not notify us of the lack of conformity within a period of 2 months from the date on which you detected the lack of conformity. Such notice is not necessary if we have acknowledged the existence of the lack of conformity or if we have hidden it.
8.3 Unless proved otherwise, any lack of conformity which becomes apparent within 6 months of delivery of the goods shall be presumed to have existed at the time of delivery unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.
8.4 The legal action to assert not hidden defects prescribes in any case within 26 months of delivery of the goods.
9.1 The Sales Contract shall be governed by the law of the Italian Republic with the express exclusion, for the avoidance of doubt, of the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Such a choice does not, however, deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the law of the country where you have your habitual residence.
9.2 We are required by law to inform you of the European Commission’s online dispute resolution platform (ODR platform) for consumer disputes, which you can access at https://ec.europa.eu/consumers/odr/. Our e-mail address is: email@example.com.
However, we are not obliged nor committed to use an alternative dispute resolution
entity (ADR entity). 10