The company GASSER NATURSTEIN d. Gasser Thomas & Co. KG, with registered office in Gewerbezone Kalten Keller 1, 39040 Barbian (BZ), VAT. No. 01382710216, registered in the Commercial Register of the Chamber of Commerce of Bolzano, entry no. BZ - 117540, e-mail address: email@example.com (hereinafter "seller").
The following is agreed:
1. Subject matter of the contract
1.1 These general terms and conditions, which are made available to the buyer for reproduction and retention in accordance with Article 12 of Legislative Decree No. 70 of 9 April 2003, have as their object the purchase, at a distance and by means of distance communication, of the seller's products.
1.2 By 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. The buyer is aware that the delivered product may have slight deviations compared to the picture shown on the website, as the products are partly handmade and partly industrially manufactured.
1.4 The seller undertakes to deliver the selected products - if available - against payment of the corresponding amount according to 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 terms and conditions, as well as the Privacy Information, shall be reviewed "online" by the buyer prior to completion of the order process. 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 ticking the ACCEPT THE TERMS AND CONDITIONS box, thus accepting them. The buyer will also be presented with the PRIVACY INFORMATION, in relation to which, if necessary, consent to the processing of personal data will be given or refused.
The transmission of the order on the part of the buyer, therefore, implies the full knowledge of these conditions and their full acceptance.
2.3 The buyer undertakes to fully accept the terms and conditions of business and payment described below and to comply with them in its business relations with the seller; it declares that it has seen and accepts all the information provided by the seller in terms of the above provisions, and it also acknowledges that the seller is not bound by any terms and conditions to the contrary, unless they have been agreed in writing in advance.
3. Sales prices and order modalities
3.1 The prices of the products indicated on the website are expressed in Euros and include VAT. Prices are subject to change without notice. The prices published on the date of the order shall apply.
3.2 The shipping costs are calculated when the order is entered and are visible to the buyer during the ordering process and vary depending on the items ordered and the weight/size of the products ordered.
The total cost of shipping to the buyer's address is at the buyer's expense, which can be announced or viewed on the website accordingly. In any case, the costs are visible to the buyer before the order is completed.
3.3 The buyer may select the desired product in the electronic online catalog at the address www.gassernaturstein.it and 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 online purchase. The order process can be cancelled at any time by closing the browser window.
The receipt of the order is not binding for the seller until he has expressly accepted the order by e-mail. After the seller has checked the availability of the ordered product, he confirms the formal acceptance of the received order with an e-mail, which again reflects the essential order data.
3.4 The buyer expressly grants the seller the right to accept the order even partially (for example, if not all ordered products are available). In this case, the contract shall be deemed concluded for the goods actually sold.
4. Conclusion of the contract
4.1 The contract concluded via the website is concluded at the moment when the buyer receives by e-mail the formal order confirmation by which the seller accepts the buyer's order and informs the buyer that the seller can execute the order. The contract is concluded at the place where the legal seat of the seller is located.
4.2 The seller informs the buyer, in accordance with Art. 12 of GvD 70/2003, that each incoming order will 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.
5. Payment modalities
Payments can be made in the following forms:
(a) bank transfer, cash in advance.
Gasser Naturstein d. Gasser Thomas & Co. KG, Gewerbezone Kalten Keller 1, I-39040 Barbian (BZ)
IT 74 B 08113 59140 0003 0200 0245
BIC: RZSBIT21213 (only for transfers from abroad)
Bank: Raiffeisenkasse Untereisacktal
Reason for payment: Your order number
b) Payment via PayPal
c) Online payment by credit card (processing via secure payment platform STRIPE): Payment can be made by credit card: Visa, Mastercard, American Express;
6. Delivery modalities
6.1 The seller shall deliver the products selected and ordered in accordance with the modalities described in the preceding articles to the address indicated by the buyer by means of courier service or forwarding agency.
Delivery is possible in the following countries: Italy, Austria, Germany, France and Switzerland and is normally carried out under the conditions indicated in "Shipping", in relation to the nature of the ordered items, from the conclusion of the contract.
In the event that the seller is not able to make the delivery within this period, the buyer will be informed in due time 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 service and arrange the delivery terms.
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 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.
7. Limitation of liability
7.1 The seller shall not be liable if the products are delivered late or not at all and this is due to cases of force majeure, such as accidents, fires, strikes or other similar 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.
7.3 The seller shall not be liable to any third party for any damage, loss or costs resulting from the non-execution of the agreement for the above reasons.
7.4 The seller shall not be liable for any fraudulent and unlawful use of credit cards and other means of payment by third parties when paying for the ordered products, if the seller can prove that it has taken all possible precautions according to the current state of knowledge and experience and with due diligence.
7.5 The seller shall not be liable in case the buyer processes the products and as a result damages the products themselves or causes damage to third parties.
7.6 The seller shall not be liable if the buyer further processes (cements or glues) the delivered product and damage or defects to the product itself occur as a result. In this case, in case of complaints of any kind, the customer undertakes to return the delivered product loose to the seller after consultation.
8. Warranty and customer service
8.1 The seller sells only high quality products. In case of any questions, complaints or suggestions, the buyer may contact the seller at the following e-mail address: firstname.lastname@example.org. In order to ensure quick processing of questions, complaints or suggestions, the buyer should describe the problem as accurately as possible and, if necessary, send copies of order documents or indicate order number, customer number, etc.
8.2 In the event that the products sold are defective, the warranty provisions of Art. 1490 et seq. of the Italian Civil Code shall apply to business-to-business (B2B) sales contracts.
8.3 In the case of a purchase contract between the seller and an end consumer, in the event of product defects, the provisions on statutory warranty pursuant to Legislative Decree No. 206 of 6 September 2005 shall apply. The warranty applies exclusively 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 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 data provided by the buyer, who is solely responsible for the correct data entry.
10. Right of withdrawal according to Legislative Decree No. 206/2005 (applies only to contractual relationships B2C).
10.1 The right of withdrawal applies only to the products specified in Legislative Decree No. 206 of 6 September 2005. Personalized products are excluded from it.
10.2 The buyer may cancel the concluded contract without penalty and without giving any reason within 14 (fourteen) calendar days from the date of receipt of the ordered goods. A possible revocation has to be sent by e-mail: email@example.com or by letter to Gasser Naturstein KG d. Gasser Thomas & Co. KG, with registered office in Gewerbezone Kalten Keller 1, 39040 Barbian (BZ).
10.3 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 with regard to the intended exercise of the right of revocation lies with the buyer.
10.4 The products must be returned without delay and in any case no later than within 14 (fourteen) days from the date on which the buyer has notified the seller of its decision to withdraw from the contract. The buyer shall be liable for any loss in value of the products if such loss in value is due to handling of the products that is not necessary for checking the condition, properties and functioning of the products.
10.5 In the cases expressly provided for by Article 59 of Legislative Decree No. 206/2005, the buyer may not exercise the right of withdrawal. Accordingly, the right of withdrawal shall not apply to personalized products.
10.6 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.
10.7 The buyer who exercises his right of withdrawal in accordance with the provisions of this article shall be refunded any amounts already paid, excluding delivery costs. The refund shall be made within 14 (fourteen) 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 to refund until it has received the products back or until buyer has provided proof that it has returned the products, whichever is earlier, unless seller has offered to collect the goods itself.
10.8 The seller must receive the goods back within 30 working days (from the date of receipt by the customer). The product must be returned in its original packaging, in perfect condition and complete. In case of defective returns, the seller may refuse the refund.
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.
11.1 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 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 due to the fact that they are electronic documents.
11.2 Written communications to the seller, as well as any complaints, shall be valid only if sent to the following address:
E-mail: firstname.lastname@example.org, or postal address: Gasser Naturstein d. Gasser Thomas & Co. KG, Gewerbezone Kalten Keller 1, 39040 Barbian (BZ).
11.3 Both contracting parties can change their e-mail address for the purposes mentioned in this article at any time, provided that they immediately notify the other contracting party in compliance with the forms mentioned in the above paragraph.
12. Processing of personal data
12.1 The information on the processing of personal data is available on the website.
13. Dispute resolution and jurisdiction
13.1 In case of disputes arising from or in connection with this contract, the contracting parties shall jointly endeavor to find a fair and amicable solution.
13.2 If a dispute based on a purchase contract between two companies (B2B) cannot be settled amicably, the exclusive jurisdiction of the court of Bolzano shall be agreed, also in derogation of the provisions on territorial jurisdiction.
13.3 In case of a purchase contract with an end consumer, the buyer shall be informed by the seller, in accordance with EU Regulation No. 524/2013, that in case of a dispute he may file a complaint through the European Union's Online Dispute Resolution Platform (OS Platform), accessible at the following link: http://ec.europa.eu/consumers/odr/
The ODR platform is a contact point for consumers who wish to settle out of court disputes that fall within the scope of online sales contracts or online service contracts. For this purpose, the seller's email address is: email@example.com.
13.4 In the event that a dispute with an end user cannot be settled amicably, it shall be submitted to the court in whose district the buyer is domiciled, provided that this is in Italian territory, in accordance with art. 66-bis of Legislative Decree no. 206/05.
14. Applicable law and reference to the law
14.1 The present contract is governed by Italian law.
14.2 Unless expressly provided otherwise herein, the legal provisions applicable to the business relationships and transactions provided for in this contract shall apply and, in any case, the provisions of the Italian Civil Code and Legislative Decree No. 206 of September 6, 2005 (Consumer Code).
15. Final provisions
15.1 This contract cancels and replaces all previous written and oral agreements, understandings and negotiations of the parties on the same subject of this contract.
15.2 The possible invalidity of individual provisions shall not affect the validity of the contract as a whole.
15.3 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 German shall be considered authentic and effective.