General terms and conditions and consumer information in the context of sales contracts concluded via the web shop between:
Kurt Art OHG of Dasser Kurt und Co.
Dolomitenstrasse 4/B | 39040 - Castelrotto (Italy)
Phone +39 0471 705 113
- hereinafter referred to as "Provider" - and the Customer - hereinafter referred to as "Customer".
§ 1 Scope of application and general information
1 Subject to individual arrangements and agreements that take precedence over these terms and conditions, the following terms and conditions apply exclusively to the business relationship between the provider and the customer in the version valid at the time of the order. Conflicting terms and conditions of the customer are expressly not applicable, unless the provider expressly agrees to their validity in writing.
The customer is a consumer, as far as the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity, which acts in the conclusion of the contract in the exercise of its commercial or independent professional activity.
§ 2 Conclusion of contract
1) All offers in the webshop of the provider are merely a non-binding invitation to the customer to submit a corresponding purchase offer to the provider. As soon as the Supplier has received the Customer's order, the Customer will first receive a confirmation of his order from the Supplier, usually by e-mail (order confirmation). This does not yet represent the acceptance of the order. After receipt of his order, the provider will check it at short notice and inform the customer within 2 working days whether he accepts the order (order confirmation). No contract is concluded if the customer does not receive an order confirmation within 2 working days. The ordering process in the webshop of the provider works as follows:
2. the customer can select products from the provider's range and collect them in a so-called shopping cart by clicking the button "add to cart". By clicking on the button "Send order", the customer submits a binding application to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the button "Accept GTC" and thereby included them in his application. 2.
3. the supplier will then send the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out by using the "Print" function. The automatic acknowledgement of receipt merely documents that the Supplier has received the Customer's order and does not constitute acceptance of the application. The contract is only concluded when the Provider submits the declaration of acceptance, which is sent by a separate e-mail.
§ 3 Subject matter of the contract, condition, delivery, availability of goods
1. the subject matter of the contract is the goods and services specified by the customer within the scope of the order and stated in the order/ or order confirmation at the final prices stated in the web shop. Errors and mistakes there are reserved, in particular with regard to the availability of goods.
2. the quality of the ordered goods results from the product descriptions in the web shop. Illustrations on the website may not accurately represent the products; especially colours may vary considerably for technical reasons. Pictures serve only as illustrative material and may differ from the product. Technical data, weight, dimension and performance descriptions are stated as precisely as possible, but may show the usual deviations. The characteristics described here do not represent defects of the products delivered by the supplier.
3. if no copies of the product selected by the customer are available at the time of the customer's order, the provider will inform the customer of this in the order confirmation. If the product is permanently unavailable, the provider refrains from a declaration of acceptance. In this case a contract is not concluded.
If the product designated by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately in the order confirmation. In case of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.
§ 4 Retention of title
The delivered goods remain the property of the supplier until full payment has been made.
§ 5 Delivery, prices, shipping costs
1. the delivery (delivery to the shipping company) is carried out immediately after receipt of money (in case of payment by bank transfer), otherwise immediately after sending the order confirmation.
2. all prices, which are indicated on the website of the supplier, are inclusive of the valid legal value added tax.
3. the corresponding shipping costs are indicated to the customer in the order form and are to be paid by the customer.
4. the goods are dispatched by courier or post.
§ 6 Terms of payment, offsetting and right of retention
1. the customer can make the payment by prepayment, by credit card or by PayPal
2. the payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined by the calendar, the customer is already in default by missing the deadline. In this case he has to pay the Provider default interest of 5 percentage points above the base rate.
3) The Customer's obligation to pay interest on arrears does not exclude the Provider from asserting further damages caused by default. 3.
4. the customer can only offset against such counterclaims that have been established by a court of law, are undisputed or have been acknowledged by the provider in writing. The customer may only exercise a right of retention if the claims underlying the claim arise from the same contractual relationship.
§ 7 Warranty for material defects, guarantee
1. the provider is liable for material defects according to the applicable legal regulations.
2. a guarantee exists for the goods delivered by the supplier only if this was expressly stated in the order confirmation for the respective article.
§ 8 Liability
1. claims of the customer for damages are excluded. Excluded from this are claims for damages of the customer from the injury of life, body, health or from the injury of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty of the provider, his legal representatives or vicarious agents.
2) In the event of a breach of material contractual obligations within the meaning of paragraph 1, the provider shall only be liable for the contract-typical, foreseeable damage if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, body or health.
3. essential contractual obligations within the meaning of paragraph 1 are the liability for the breach of obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.
4. the restrictions of paragraph 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider, if claims are made directly against them.
5. the regulations of the product liability law remain untouched.
§ 9 Notes on data processing
1 The provider collects data of the customer in the context of the processing of contracts. He observes the legal regulations. Without the customer's consent, the provider will only collect, process or use the customer's inventory and usage data to the extent that this is necessary for the execution of the contractual relationship and for the use and billing of teleservices.
Without the consent of the customer, the provider will not use the customer's data for the purposes of advertising, market or opinion research.
3. the customer has the possibility at any time to call up, change or delete the data stored by him under the button "My data" in his profile. Furthermore, with regard to the customer's consent and further information on data collection, processing and use, reference is made to the data protection declaration, which can be called up in printable form at any time on the Provider's website by clicking on the "Data protection" button.
§ 10 Final provisions
1) The law of the Republic of Italy shall apply to contracts between the provider and the customers, excluding the UN Convention on Contracts for the International Sale of Goods.
2) If the customer is a merchant, a legal entity under public law or a public law special fund, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the headquarters of the provider.
3 The contract remains binding in its remaining parts even if individual points are legally ineffective.