The following "General Terms and Conditions" regulate online trade between kOmMa5 KG/Sas d. Schweitzer Martina & Co. with registered office at 39025 Naturns, Bahnhofstraße 20/A, registered with the Bolzano Chamber of Commerce under number 02886450218 of the commercial register, VAT no. 02886450218, hereinafter referred to as "seller" and the buyer.
1.1 "Online Sales Contract" means the contract for the sale of Products by the Seller; this contract is concluded between the seller and the buyer within the framework of a distance selling system, which the seller organizes with the help of distance communication means.
2 SUBJECT MATTER
2.1 With the present contract, the seller sells or the buyer buys, within the framework of the distance selling system organized by means of distance communication, the products listed and offered for sale on the website www.feinsam.it.
2.2 The products for sale are presented on the website www.feinsam.it with the relative product descriptions. The image in the product description may not accurately reflect the product features; it may vary in color and size, as well as accessories and labels.
3 FORMATION OF THE PURCHASE AGREEMENT
3.1 The contract between seller and buyer is concluded after the buyer accesses the website www.feinsam.it exclusively on the Internet. In order to purchase the products referred to in points 2.1 and 2.2 of art. 2, the buyer must follow the instructions provided when filling in the request form (order form) on the website.
4 CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
4.1 The order is completed by completing the application form completely and correctly and giving consent to purchase online.
4.2 As soon as the Seller receives the order from the Buyer, he will send an email confirmation showing the summary of the order data, which can be printed and which will also indicate the data referred to in point 4.1.
4.3 The contract is deemed to be concluded as soon as the seller accepts the buyer's order or part of it and confirms it by email in accordance with 4.2.
4.4 With the order, the customer declares that he has seen all the information during the ordering process and expressly confirms that he has fully taken note of the General Terms and Conditions, including those that are considered abusive according to Art. 1341 et seq. ZGB.
4.5 The contract between the parties is only deemed to be concluded and effective once the requirements of point 4.4 have been met.
5 PAYMENT METHODS AND REFUND
5.1 Payments can only be made using the following means of payment: bank transfer, online credit card and Paypal.
a) Bank transfer to kOmMa5 KG / Sas d. Schweitzer Martina & Co., 39025 Naturns;
Raiffeisen Untervinschgau, IBAN: IT17 E081 5758 2810 0030 1001761, SWIFT-BIC: RZSBIT21122
6 DELIVERY TIMES AND CONDITIONS
6.1 Methods, times and shipping costs for orders: The goods will be shipped after receipt of payment for the goods ordered by courier service. Delivery times vary depending on the destination. The shipping costs depend on the size and weight of the goods. For deliveries in the EU, the shipping costs are always calculated and specified when entering the online order. For deliveries to all other countries, the shipping costs will be announced on request.
6.2 The goods are checked before dispatch and handed over to the courier service free of defects. The buyer can cancel an order by notifying the seller of his intention to do so before delivery. The seller shall not be liable for any damage and shall not be obliged to provide a replacement or repair if the damage is not reported upon receipt of the goods. To do this, the complaint must be noted on the delivery note of the courier service (copy that remains with the courier) with the following wording - "Merce danneggiata, accetto con riserva di controllo, pacco integro accetto con riserva; o similari che evidenziano danni o presunti danni – Damaged goods, receipt of goods subject to subsequent inspection; Parcel undamaged, goods accepted with reservation” – to refer to actual or possible damage in this way or with similar information. The complaint must be made to the messenger immediately and at the e-mail address email@example.com and the regionally responsible headquarters of the courier service.
6.3 The seller is not liable for non-delivery of the goods to the address provided by the buyer if the buyer's address details are incomplete. Any returns of undeliverable goods will be charged to the addressee. The seller is not liable for delay or non-delivery in the event of inaccurate address details of the buyer and is entitled to dissolve the contract in whole or in part, or to suspend or postpone the performance of the contract.
6.4 If the buyer does not reimburse the shipping costs, the amount of which will be communicated to him by e-mail, within 15 days of the rejection of the goods, the seller will take legal action against the buyer. The online order has the same legal effects as the paper order signed by the buyer.
7.1 All sales prices for the products exhibited and presented on the website are in euros and constitute an offer to the general public within the meaning of art. 1336 of Ital. ZGB.
7.2 The sales prices mentioned under point 7.1 include the VAT applicable at the time of the order, including the shipping costs and including all other possible levies prescribed by law.
7.3 The seller reserves the right to change prices without notice.
7.4 If a price is given that is clearly and obviously incorrect and differs from the normal selling price, the order may be canceled by either the seller or the buyer.
8 LIMITATION OF LIABILITY
8.1 The seller is not liable for non-delivery due to force majeure if an order cannot be executed within the period stipulated in the contract.
8.2 Except in the case of willful intent or gross negligence, the seller cannot be held liable to the buyer for functional errors or failures in connection with the use of the Internet, which are beyond his control.
8.3 The seller is also not liable for damage, loss and costs incurred by the buyer as a result of non-performance of the contract for reasons that cannot be attributed to the seller; the buyer is only entitled to a refund of the full purchase price and any additional costs paid.
8.4 The Seller shall not be liable for any fraudulent and unlawful use of credit cards, checks and other means of payment by third parties in the payment process for the goods ordered, if he can prove that all the state-of-the-art precautions and reasonable care have been taken.
9 RIGHT OF WITHDRAWAL ACCORDING TO GVD 206/2005
9.1 The right of withdrawal is limited to the products provided for in Legislative Decree no. 206/2005.
9.2 The buyer has the right to withdraw from the contract free of charge and without giving any reason within 10 (ten) working days; the ten-day period begins when the goods arrive at the consumer's.
9.3 If the buyer exercises the right of withdrawal, he must do so to the seller by registered mail with acknowledgment of receipt to the address kOmMa5 KG / Sas, Bahnhofstraße 20/A in 39025 Naturns or by PEC mail to the address firstname.lastname@example.org communicate. This assumes that the electronic declaration of withdrawal is confirmed within the following 48 (forty-eight) hours by a registered letter with acknowledgment of receipt to the above address. The stamp of the post office on the confirmation issued applies. Instead of this notification of withdrawal, the return of the goods within the same period of time also applies to the exercise of the right of withdrawal. The stamp of the post office or the carrier applies.
9.4 The return of the goods must in any case take place within 30 (thirty) days of receipt of the goods at the latest. In any case, to be entitled to a full refund, the goods must be returned undamaged and in a normal, resalable condition.
9.5 The only costs that the consumer has to bear in the event of withdrawal under this article are the costs of returning the goods to the seller.
9.6 The seller will refund the full amount paid by the buyer within one working week from receipt of the returned goods.
9.7 Upon receipt of the Buyer's declaration of withdrawal, the parties to the present contract are released from their mutual obligations, with the exception of the obligations referred to in the points above in this article.
9.8 Personalized products are non-returnable.
10 EXPRESS CAUSES OF VOID
10.1 The obligations foreseen in point 4.4 for the buyer, as well as the guarantee of successful receipt of payment, whereby the buyer must make the payment with the means provided for in art. 5.1, are essential to this contract. It is therefore expressly agreed that the failure to fulfill even one of these obligations - unless due to accident or force majeure - will result in the immediate termination of the contract pursuant to art. 1456 of Ital. of the Civil Code without the need for a court judgement.
11 DATA PROTECTION AND DATA PROCESSING
11.1 The buyer's personal data will be stored and processed to the extent necessary for the use of the service, the management of the customer relationship and the invoicing of the amounts owed by the buyer.
11.2 The Buyer acknowledges having read the communication pursuant to art. 13 of Law No. 196/03 on data protection and hereby consents to the above-mentioned processing and communication of the data. The rights under art. 7 of Law no. 196/03 on data protection can be exercised by the buyer at any time.
11.3 The data collected by the Seller could be used to send advertising and other communications, including email. In addition, this data can be passed on to third parties for the creation of statistics or for the dispatch of advertising documents.
11.4 We would like to point out that the website accessed by the buyer uses a retargeting system. So-called cookies (small text files that are stored on your computer by the web browser) are used to collect anonymous user profiles and thus enable the use of targeted advertising on the website of our partners or via advertisements on their pages. No persons can be identified via the cookie, only information is stored that allows anonymous information for the targeted compilation of interest-based marketing campaigns. By using our offers, the buyer expressly agrees to the processing of the collected data in the manner described here and for the aforementioned purpose. Declaration of consent I agree that so-called cookies are used and that usage data is collected, stored and used by me. I also agree that my data can be stored in cookies beyond the end of the browser session and, for example, can be called up again the next time I visit the website.
12 NOTICES AND COMPLAINTS
12.1 Written communications to the seller and any complaints are only valid if they are sent to the following postal address - kOmMa5 KG / Sas, Bahnhofstrasse 20/A in I-39025 Naturns - or by PEC mail to the address email@example.com be sent.
13 PLACE OF PERFORMANCE
13.1 Naturno (BZ) is the place of performance for the services specified in the contract.
14 JURISDICTION / SEVERABILITY
14.1 The exclusive place of jurisdiction is the Regional Court of Bolzano. Italian law applies exclusively to the contractual relationships between the contracting parties, excluding the provisions of the UN Sales Convention.
14.2 Should individual provisions of this contract be ineffective, the validity of the remaining terms and conditions shall remain unaffected and shall be replaced by a wording corresponding to the contract or by the statutory provisions.
15 Online Arbitration Platform
16 FINAL PROVISIONS
16.1 Subsidiary agreements are only valid in writing.
16.2 This contract supersedes and replaces all previous agreements, understandings, understandings of the parties relating to the subject matter of the contract. Pursuant to Art. 1341 of the Civil Code and et seq., the buyer declares that he has read and understood the provisions in points 2,3,4,5,6,7,8,9,10,11,12,13,14 and 15 and hereby expressly accepts them. I expressly accept these terms and conditions
Trustami Trust Seal
The Trustami seal of trust is integrated on this website to display the collected ratings and social media feedback. This serves to implement our legitimate interests in optimal marketing of our offer on our own website in accordance with Article 6 (1) sentence 1 lit. f GDPR. When the Trustami trust seal is called up, the web server automatically saves data (access data) in the form of a server log file that contains the name of the accessed website, the file, the date and time of access, your IP address in abbreviated form, the amount of data transferred , which contains the message about a successful retrieval, the browser type, the user's operating system, the referrer URL (of the previously visited page) and the requesting provider. This access data is not evaluated and is automatically overwritten no later than seven days after the end of your visit to the site. The Trustami seal of trust and the services advertised with it are an offer from Trustami GmbH, Schröderstraße 5, 10115 Berlin. The Trustami data protection declaration at www.trustami.com/datenschutz applies to the processing of the data collected by Trustami.