Terms of Service
Graf von Pfeil Franz Kränzelhof, based in 39010 Tscherms (BZ), Gampenstr. 1 VAT no. 0147229020, registered in the commercial register of the Bozen Chamber of Commerce, entry VWV No. BZ149545, e-mail address: email@example.com, phone: +39 0473 564549, fax +39 0473 554806, in the person of the legal representative, Mr. Graf von Arrow Franz (hereinafter referred to as “seller”);
Sent in advance:
that the seller operates the website www.kraenzelhof.it (hereinafter "website");
that the website is intended for business-to-consumer (B2C) business transactions;
that under the designation "General Terms and Conditions for Online Sales" the
Purchase contract for consumer goods of the seller, which is concluded between the seller and the buyer in
Within the framework of an order ordered by the buyer and organized through the seller
The distribution system for which distance selling is to be understood; that this
Trademarks and the logo of the website are the exclusive property of the seller
that these terms and conditions enable online sales between Graf von Pfeil
Franz Kränzelhof and the buyer, who expressly declares that he is making the purchase for
Purposes that are not commercial, business, craft or
can be assigned to professional activity and is 18 years old;
that these preliminary remarks are an integral and essential part of the contract;
is agreed as follows:
§ 1. Subject of the contract
1.1. These general terms and conditions, which are made available to the buyer in accordance with Art. 12 of Legislative Decree No. 70 of April 9, 2003 for reproduction and storage, cover the purchase of products at a distance and by means of distance communication via the seller's website, based in 39010 Cermes (BZ), Gampenstr. 1, VAT no. 01472290210, registered in the commercial register of the Bozen Chamber of Commerce, entry VWV No. BZ149545; Email address: firstname.lastname@example.org, Tel .: +39 0473 564549, Fax +39 0473 554806, on the subject.
1.2. With this 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 main product features are described on the seller's website. Images of the products do not necessarily reflect their properties exactly.
1.4. The seller undertakes to deliver the selected products - if available - against payment of the corresponding amount in accordance with Art. 3 of this contract.
§ 2. Acceptance of the terms and conditions
2.1. All orders are transmitted to the seller by the buyer by completing the specified order process.
2.2. These general terms and conditions must be checked "online" by the buyer before completing the order process. The submission of the order on the part of the buyer therefore requires comprehensive knowledge of these conditions and their full acceptance.
2.3. The buyer, who sends the confirmation of his order by electronic means, undertakes to unreservedly accept the terms and conditions of business and payment described below and to comply with them in his business relationships with the seller; He declares that he has viewed and accepted all information provided by the seller in the sense of the above-mentioned provisions, and he further acknowledges that the seller is not bound by any other conditions unless they have been agreed in writing in advance.
§ 3. Order modalities and sales prices
3.1. The product prices stated on the website are expressed in euros including statutory VAT. These are always indicative and must be expressly confirmed by the seller by e-mail, who then accepts the order.
3.2. The product prices published on the homepage or in other sections of the website include VAT. The shipping costs, which vary depending on the item ordered and the destination country selected, are always calculated when the online order is entered and clearly indicated for the buyer. The total cost of shipping to the buyer's address is borne by the buyer, except in the case of exceptions and deviations that will be announced accordingly on the website and / or communicated by e-mail. In any case, the costs will be communicated to the buyer before the order is confirmed.
3.3. If the buyer has found the desired product in the electronic online catalog at the address wwwkraenzelhof.it, he can 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 purchase online. The order process can be canceled at any time by closing the browser window.
§ 4. Conclusion of contract
4.1. The order is only deemed to have been accepted by us as soon as we send the customer a shipping confirmation by e-mail (within 3 working days for products that are ready for dispatch, at the latest after 5 days) or by delivering the goods within the specified period. The contract is concluded at the place where the legal seat of the seller is located.
4.2. Only orders in normal household quantities will be accepted. This also applies in the event that the normal household amount is exceeded by placing several orders from the same customer, even if the individual orders only contain a normal household amount of the product.
4.3. According to Art. 12 of Legislative Decree 70/2003, the seller informs the buyer that every incoming order is stored or kept in digital form on the server / on paper at the seller's headquarters in accordance with the criteria of confidentiality and data security.
4.4. Graf von Pfeil Franz only wants to enter into contractual relationships with people of legal age.
§ 5. Payment modalities
5.1. . The purchase price is due for payment when the purchase contract is concluded.
5.2. Payments by the buyer can only be made in the following forms: advance payment by bank transfer, online payment by credit card or PayPal. Further information on the individual payment methods can be found on the "Payment" page.
5.3. There is no possibility to deduct cash.
§ 6. Delivery modalities
6.1. Except in the case 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 previous articles, by means of trustworthy carriers or courier services, to the delivery address given by the buyer. Delivery is possible within the delivery countries listed on the website and, depending on the article and destination country, takes place within the period specified on the seller's website and in the email confirmation.
If the seller is unable to deliver within this period, the buyer will be informed in good time by e-mail.
At the request of the buyer and provided that the seller agrees to do so, deliveries are also possible in other countries not listed above. The terms of delivery and payment, as well as all costs incurred - which are in any case to be borne by the buyer - are agreed in each case by the contracting parties in these cases.
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 delivery terms.
6.3. The seller is not liable for the delay or the lack of delivery of the goods in the case of inaccurate or incorrectly provided address details on the part of the buyer.
6.4. Graf von Pfeil Franz Kränzelhof does not offer partial deliveries. Graf von Pfeil Franz Kränzelhof reserves the right to split the delivery into several packages for logistical reasons. In this case, the buyer only has to bear the shipping costs that would have been incurred in the case of the entire delivery of the ordered goods.
6.5 Upon receipt of the goods, the buyer must ensure that the product delivered corresponds to the order; only after this check may he sign the delivery papers, subject to the right of withdrawal provided for in Art. 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 exempts Graf von Pfeil Franz Kränezlhof from claims by third parties that arise from the breach of this obligation.
6.7. If the buyer is in default of acceptance or if he culpably violates other obligations to cooperate, Graf von Pfeil Franz Kränzelhof is entitled to demand compensation for the damage resulting therefrom, including any additional expenses. We reserve the right to make further claims.
6.8. The risk of accidental loss or accidental deterioration of the purchased item is transferred to the buyer at the point in time at which the buyer is in default of acceptance.
§ 7. Limitation of Liability
7.1. The seller assumes no liability if the goods are delivered late or not at all and this in the event of force majeure, such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods or other similar events that partially or completely prevent the timely execution of the contract prevent is due.
7.2. The buyer cannot hold the seller liable for operational disruptions or interruptions in connection with the use of the Internet that are beyond his control, except in the case of willful intent or gross negligence on the part of the seller.
7.3. The seller is not liable to contracting parties or third parties for damage, losses and costs as a result of non-execution of the contract for the reasons mentioned above.
7.4. The seller is not liable for any fraudulent and unlawful use of credit cards, checks and other means of payment by third parties when paying for the products ordered, if he can prove that he has taken all possible precautionary measures based on the current state of knowledge and experience and with the necessary care Has.
§ 8th. Guarantee and customer service
8.1. The seller only sells original, high quality products. The buyer can contact email@example.com with questions, complaints or suggestions. In order to ensure that questions, complaints or suggestions are processed quickly, the buyer should describe the problem as precisely as possible and, if necessary, send a copy of the order documents or indicate the order number, customer number, etc.
8.2. In the event of deficiencies in conformity, the provisions on the statutory warranty obligation in accordance with Legislative Decree No. 206 of September 6, 2005 apply.
8.3. The guarantee applies only to the products specified in Legislative Decree No. 206 of September 6, 2005.
§ 9. Buyer's Obligations
9.1. The buyer undertakes to pay the purchase price for the goods ordered in the time and form specified in the contract.
9.2. After completing the ordering process, the buyer must print and save these general terms and conditions, which he has already viewed and accepted in an obligatory step when placing the order, as well as the product specifications of the product ordered, in accordance with the conditions specified in Legislative Decree No. 206 of September 6, 2005 to be met in full.
9.3. The buyer is strictly prohibited from entering false and / or invented and / or fantasy data when registering using the corresponding online form. For personal details and the email address, only your own real data and not those of third parties or invented persons may be given. The buyer thus assumes full liability for the correctness and truthfulness of the information provided in the registration form at the end of 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 entering the correct data.
9.5. When purchasing alcoholic products, the buyer confirms and expressly declares that he has reached the legal minimum age of 18 years for the purchase of alcoholic products. In addition, the buyer of alcoholic products declares that the data transmitted 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 only applies to the products mentioned in Legislative Decree No. 206 of September 6, 2005.
10.2. For products for which the right of withdrawal is not excluded, the buyer can withdraw from the contract without penalty and without giving reasons within 14 (fourteen) days of receipt of the goods ordered. A possible revocation is to the Graf von Pfeil Franz Kränezlhof., With seat in 39010 Tscherms (BZ), Gampenstr. 1 e-mail address firstname.lastname@example.org, Tel .: +39 0473 564549, Fax +39 0473 554806.
10.3. If the buyer wishes to make use of his right of withdrawal, he must inform the seller of his decision to withdraw from the contract by means of a clear declaration (e.g. a letter sent by post, fax or email). For this purpose, the buyer can also use the model withdrawal form attached in Appendix I, Section B of Legislative Decree 21/2014, which is not mandatory, however.
10.4. In order to meet the cancellation deadline, it is sufficient for the buyer to send the notification of the exercise of the right of cancellation before the cancellation period has expired. The burden of proof with regard to the intended exercise of the right of withdrawal lies with the buyer.
10.5. The return of the goods must take place without delay and in any case no later than 14 (fourteen) days from the time at which the buyer informed the seller of his decision to withdraw from the contract. The buyer must pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
10.6. In the cases expressly provided for in Art. 59 of Legislative Decree 206/2005, the buyer cannot exercise the right of withdrawal.
10.7. When exercising the right of withdrawal under the provisions of this article, the buyer bears the costs directly associated with returning the goods to the seller.
10.8. The buyer who exercises his right of withdrawal as intended will be reimbursed for all amounts already paid, including delivery costs, with the exception of the additional costs that have arisen because the buyer has expressly opted for a different type of delivery than the cheaper standard delivery offered by the seller Has decided. The reimbursement of the costs 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 that was used by the buyer for the original transaction, unless , something else was expressly agreed with the buyer. However, the seller can refuse the repayment until he has received the goods back or until the buyer has provided evidence that he has sent the goods back, whichever is earlier, unless the seller has offered the Pick up the goods yourself.
10.9. After receipt of the notification in which the buyer notifies the seller of the exercise of the right of withdrawal, the contracting parties are released from their respective obligations; the provisions of this article remain unaffected.
10.10 Exclusion of revocation: The right of revocation does not apply to contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded. There is a right of withdrawal, unless otherwise agreed, not in the case of contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision. According to this, a right of withdrawal is also excluded for contracts that involve the sale of tickets for time-bound leisure events.
10.11 The EU has set up an online portal to help dissatisfied customers. If you have complaints about goods or services that you have bought from us over the Internet, you can find a neutral dispute settlement body at the following address http://ec.europa.eu/consumers/odr in order to find an out-of-court solution. Please note that there are currently (as of February 1, 2017) no dispute settlement bodies for some industries and in some countries. Therefore, as a consumer, you may not be able to use this portal to resolve disputes with us in these countries. Further information can be found in the EU's online portal. We are not obliged to participate in a dispute settlement procedure before a consumer arbitration board. Nevertheless, we are generally ready to participate in a dispute settlement procedure before a consumer arbitration board.
10.12. If a wine is delivered with an error, we ask customers to contact our customer service at: email@example.com. We will replace defective goods upon receipt of the lottery number of the respective bottle. We log and control every incident and ask for your understanding should problems arise.
§ 11. Express termination clause
11.1. The obligations provided for in Art. 9 for the buyer are essential for this contract. It is therefore expressly agreed that the non-fulfillment of even one of these obligations - unless this is due to chance or force majeure - the annulment of the contract according to Art. 1456 of Ital. Civil Code without the need for a court judgment.
§ 12. announcements
12.1. With the exception of the cases expressly mentioned or those stipulated by law, communications between seller and buyer are preferably made by e-mail to the respective e-mail addresses, which are regarded by both contracting parties as a valid means of communication and which are not used alone in court due to the fact that the documents are electronic, it can be objected to.
12.2. Written communications to the seller as well as any complaints are only valid if they are sent to the address of Graf von Pfeil Franz Kränzelhof., Based in 39010 Tscherms (BZ), Gampenstr. 1, VAT no. 01472290210, email address: firstname.lastname@example.org , Tel .: +39 0473554549, Fax +39 0473 554806.
12.3. Both contracting parties can change their e-mail address at any time for the purposes stated in this article, provided that they notify the other contracting party immediately in accordance with the forms stated in the above paragraph.
§ 13. Processing of personal data
The rights and the information obligations of the seller provided for in the data protection regulations are checked “online” before the order process is completed. The transmission of the order confirmation therefore requires full knowledge of it.
13.2. The seller protects the privacy of the customers and ensures that the data processing complies with the data protection provisions according to Legislative Decree No. 196 of June 30, 2003.
13.3. The personal and tax data obtained from the seller as the owner of the data processing directly and / or via third parties are recorded and processed in paper form or in electronic and telematic form for the following purposes, depending on the type of processing: registration of the order, Implementation of the procedures for the execution of the contract and the associated notifications, fulfillment of any legal obligations and ensuring efficient management of business relationships in the necessary manner in order to provide the required service as best as possible (Art. 24, Paragraph 1, Letter b, Legislative Decree No. 196/2003).
13.4. The seller undertakes to treat the data and information transmitted by the buyer confidentially and neither to make them accessible to unauthorized persons nor to use them for purposes other than those intended or to pass them on to third parties. These data will only be disclosed at the request of the judicial authorities or other authorities authorized by law.
13.5. Personal data will only be transmitted to persons who are entrusted with carrying out the necessary activities for the execution of the contract and who have previously signed an obligation to treat this data confidentially. The data is transmitted exclusively for this purpose.
13.6. The buyer is entitled to the rights mentioned in Art. 7 of Legislative Decree No. 196/03, including the right:
a) to update, correct or, if there is an interest, to request completion of the data;
b) to demand that unlawfully processed data be deleted, anonymized or blocked; this also applies to data, the retention of which is not necessary for the purposes for which they were collected or subsequently processed;
c) to receive confirmation that the processes specified under letters a) and b), including their content, have been communicated to those to whom the data have been transmitted or to whom they have been disseminated, unless this proves impossible or the expenditure of resources would be unreasonably large in relation to the protected right. The data subject also has the right, in whole or in part:
d) oppose, for legitimate reasons, the processing of personal data concerning them, even if these data are relevant to the purpose of the collection;
e) oppose the processing of personal data concerning you, if such processing is carried out for the purposes of sending advertising materials or direct sales, for market or opinion research or for commercial information.
13.7. The disclosure of their own personal data by the buyer is a necessary prerequisite for the proper and timely execution of the contract. Otherwise the buyer's order cannot be processed.
13.8. In any case, the data obtained will not be stored beyond the period required for the purposes for which they are collected or subsequently further processed. They are removed in a safe manner.
13.9. The owner of the collection and processing of personal data is the seller, to whose registered office the buyer can address his inquiries and requests.
§ 14. Place of jurisdiction
14.1. In the event of disputes arising from or in connection with this contract, the contracting parties shall jointly endeavor to find a fair and amicable solution.
14.2. If a dispute cannot be settled amicably, it will be submitted to the court in whose district the buyer is domiciled, in accordance with Art. 66-bis of Legislative Decree no Italian territory; if the buyer is not an end user, it is agreed that the court in Bolzano has exclusive jurisdiction for all disputes, even in deviation from the provisions on territorial jurisdiction.
§ 15. Applicable Law and Legal Reference
15.1. The present contract is governed by Italian law.
15.2. Unless otherwise expressly stated here, the legal provisions applicable to the business relationships and business cases 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) apply.
§ 16. Final provisions
16.1. This contract cancels and replaces all previous written and oral agreements, understandings and negotiations between the contracting parties on the same subject matter of this contract.
16.2. The possible ineffectiveness of individual provisions has no influence on the effectiveness of the contract as a whole.
16.3. These general terms and conditions were written in German. The parties agree that in the event of any difficulty of interpretation, the text in Italian will be considered authentic and effective.