Standard Conditions

Standard Conditions for Online Sales

of Tiroler Goldschmied GmbH, with registered address in Italy, 39019 Tirol, Schloßweg 3, tax identification number IT 00766010219, e-mail-adress: shop@tirolergoldschmied.it, tel.: 0039 0473 923 492, fax 0039 0473 923 242, with its legal representative in charge at the time (hereinafter „Seller“);

RECITALS

  • WHEREAS, the Seller carries out sales transaction per e-mail and sales transactions through its online-shop: shop.tirolergoldschmied.it (for the sake of simplicity, the term “Website” refers to both modes of transactions;
  • WHEREAS, the Website is designed for online sales transactions between the Seller and consumers (hereinafter „Buyer“) (B2C);
  • WHEREAS, this General Conditions for Online Sales refer to the sales agreement of consumer goods stipulated between the Seller and the Buyer, limited to the online distribution business of the Seller (distant sales) (hereinafter „General Conditions“;
  • WHEREAS, the trademark and the logo shown on the Website, as well as the sub-trademarks, logos and product names relating to the product collections „Tiroler Goldschmied“ and „La Preziosa“ are all exclusively owned by the Seller;
  • WHEREAS, with acceptance of this General Conditions the Buyer warrants that he is a consumer, and not a re-seller or, generally speaking, is not an entity or person buying with a commercial intention.
  • WHEREAS this General Conditions form integral and substantial part of the online sales agreement between the Seller and the Buyer;

NOW THEREFORE, the Parties agree on the following terms and conditions:

1. Scope of contract

1.1. This Standard Conditions, which – according to art. 12 of the Italian legislative decree nr. 70, dated April 9th, 2003 – are made available to the Buyer, refer to the distant sales of products through the Website of the Seller (e-commerce) (and to e-mail-sales), whose registered address is in Italy, 39019 Tirol, Schloßweg 3, tax identification number IT 00766010219, e-mail-adress: shop@tirolergoldschmied.it, tel.: 0039 0473 923 492, fax 0039 0473 923 242.

1.2. The essential product features are described accurately on the Website or via e-mail. However, the Buyer is informed that product images may not always reflect the product features accurately, as the appearance of such images may vary depending on the browser or of the screen settings used by the Buyer.

1.3. Upon acceptance of this General Conditions, and if available on stock, the Seller has a legal duty to deliver the purchased products, according to the terms and conditions set out in art. 3 below, however, in no case before receipt of full payment of the purchase price.

2. Acceptance of General Conditions

2.1. After having the Buyer completed the online order process on the Website, the respective order is submitted to the Seller.

2.2. This General Conditions need to be examined by the Buyer online, before completion of such online order process. Thus, completion of the online order process by the Buyer presupposes knowledge, complete comprehension and acceptance of this General Conditions.

2.3. The Buyer, with submission of his order via telematic means, is bound by this General Conditions; he further accepts that no other terms and conditions shall govern the online sales transaction, if such other terms and conditions have not been agreed and signed by the Parties in writing.

2.4. The Buyer accepts the General Conditions once the online order form is filled out in all mandatory parts, and after he clicked the check-boxes ACCEPTANCE OF GENERAL ONLINE CONDITIONS OF SALES and PRIVACY POLICY. In case of sales via e-mail, the General Conditions are accepted, if Buyer knew them and made no objections.

3. Online order process and sales prices

3.1. The sales prices on the Website or via e-mail are for reference only and expressed in Euro. An order of the Buyer is binding for the Seller, only once the Seller has submitted to the Buyer by e-mail the order acceptance.

3.2. All sales prices found on the Website of Tiroler in the course of a sales transaction or submitted via e-mail are inclusive of VAT, and inclusive of transportation insurance. For deliveries within the EU, provided that the purchase volume is above 500,-€, transportation costs are born by the Seller. If the purchase volume is below 500,-€, a fee for insured transportation of 20,-€ will apply. For delivery outside the EU, transportation and insurance costs need to agreed upon by the parties, on a case by case basis.

3.3. Whenever the Buyer found a product on the Website, he can put it in the online shopping cart. The Buyer can go back to the shopping cart at any time and check the products selected. A binding sales agreement only comes into existence when the Buyer, in addition to putting the product in the shopping cart, also filled out all mandatory parts of the online purchase form, and expressly accepts General Conditions and privacy policy. The order process can be interrupted at any time before, by simply closing the browser.

3.4. Receipt by the Seller of the online order is not binding for the Seller, if he has not expressly confirmed the order via e-mail, after having checked availability of the product.

3.5. In case not all products ordered by the Buyer are effectively available, the Seller can confirm the order limited to the products available. Once such order confirmation limited to certain products is submitted tot eh Buyer, the online purchase contract is valid and binding limited to the products available.

4. Binding agreement

4.1. The online contract is deemed to be stipulated at the place of business of the Seller.

4.2. The Buyer is herewith informed that, in compliance with art. 12 of the Italian legislative decree 70/2003, every order received by the Seller in digital form will be stored on the Seller´s server, in paper form, and/or in a cloud space rented by the Seller, in line with prescribed criteria of confidentiality and of personal data protection.

5. Payment methods

5.1. The Buyer can effect payment by means of the following methods (NOTE: for sales transactions effected via e-mail, the rule is advance payment):

  1. a) credit card VISA (online);
  2. b) remittance SOFORT (online) or other equivalent method;
  3. c) PayPal (online);
  4. d) advance payment.

6. Methods of delivery

6.1. If nothing is agreed to the contrary per e-mail / in writing, products bought as above are delivered by a forwarder or courier to the address indicated by the Buyer. Delivery is made to those countries listed on the Website or communicated via e-mail, and is carried out, depending on products and country of destination, within the delivery date communicated by the Seller before conclusion of the online sales transaction through the Website or as communicated via e-mail.

In case the Seller should not be able to effect delivery within said delivery date, the Seller will inform the Buyer without hesitation via e-mail.

At the request of the Buyer, and at the condition that the Seller accepts, delivery can also be effected in other countries. In such eventuality, terms of payment and delivery are agreed upon by the Parties on a case by case basis.

6.2. In case the Buyer should be absent at the time of delivery, the forwarder or courier will leave a note, with all information necessary to contact the forwarder or courier in order to agree on a new delivery date,

6.3. The Seller declines any liability for delay or errors in delivery, if such delay or error is due to the Buyer having communicated an incorrect delivery address.

6.4. When taking delivery, the Buyer has a duty to examine the product; only after such examination has been effected, the Buyer shall sign the documents proving the taking of delivery of the products. This provision does in no way minder the right of the Buyer in art. 10 of this General Conditions (right of withdrawal).

7. Limitation of liability

7.1. The Seller does not assume any liability, if eventual delay or error in delivery is due to forth majeure.

7.2. Except for intention or gross negligence, the Seller shall not assume any liability for website malfunction or disruptions.

7.3. Except for intention or gross negligence, the Seller does also not assume any liability for eventual fraudulent use of above mentioned payment methods, carried out by third parties.

8. Guarantee and customer service

8.1. The Seller distributes only original products of high quality. For questions, complaints or suggestions, the Buyer can revert to shop@tirolergoldschmied.it. To ensure fast and effective handling of such questions, complaints or suggestions, the Buyer is well advised to precisely describe the issues at hand, and attach transportation documents, order number, customer number, etc..

8.2. In case of defective products, the defects liability as of legislative decree nr. 206 dated September 6th, 2005 shall be applicable (24 month starting from the date of delivery, however, the Buyer has a precise duty to inform the Seller within not more than 60 days from discovery of the defect).

9. Duties of the Buyer

9.1. The Buyer has a duty to timely pay the sales price in the forms outlined in this General Conditions.

9.2. More generally, after having gone through the entire online order process, the Buyer has the duty to comply with this General Conditions.

9.3. The Buyer has a precise duty to not input wrong (personal) data, e-mail, etc. into the Website system, both at the time of registration and afterwards.

9.4. The Buyer shall be fully liable for damages suffered by the Seller due to incorrect tax information resulting in incorrect accounting and tax documents issued by the Seller.

10. Right of withdrawal from online purchase agreement, as of Italian legisl. decree nr. 206/2005

10.1. Provided it is effectively a distant sales, the Buyer has a period of 14 days from effective delivery to withdraw from any online purchase contract effected through the Website or via e-mail, without giving any reason, or without incurring in any penalty, whatsoever. Such notice of withdrawal has to be effected by the Buyer to Tiroler Goldschmied GmbH Italy, 39019 Tirol, Schloßweg 3, by e-mail: shop@tirolergoldschmied.it, fax 0039 0473 923 242 or traditional mail.

10.2. Exercise by the Buyer of his right to withdraw from an online sales transaction, is possible if he wore the Product only for try-on, and if the Product is sent back to the Seller in its original condition, without defects and damage, with original packaging, certificate, and unbroken seal. Outside the scope of the right to withdraw are personalized Products and custom-made Products. Products that present engravings, may be accepted for withdrawal, at the sole discretion of the Seller.

10.3. In addition, and at his own discretion, the Buyer can exercise his right of withdrawal also through the form attached to this General Conditions (Annex 1), reflecting the wording of part B of the Italian legislative decree nr. 21/2014.

10.4. The Buyer shall have exercised his right of withdrawal within the withdrawal period referred to in article 10(1) above if the notice concerning the exercise of the right of withdrawal is sent by the Buyer before that period has expired. The burden of proof of exercising the right of withdrawal in accordance with this article shall be on the Buyer.

10.5. The Buyer shall send back the goods without undue delay and in any event not later than 14 days from the day on which he has noticed his decision to withdraw from the online purchase contract to the Seller. The deadline shall be met if the Buyer sends back the goods before the period of 14 days has expired. The Buyer shall only be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the products. Consequently, the Buyer loses its right of withdrawal if he changes the products in any way.

10.6. In case of exercise by the Buyer of the right of withdrawal, the Seller will reimburse all payments received from the Buyer within 14 days from receipt of notice of exercise of the right of withdrawal, except for supplementary costs, e.g. if the Buyer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by the Seller. In addition, Seller will take over the direct and reasonable costs related to the sending back of the products to the Seller´s premises.

10.7. The Seller may withhold the reimbursement in art. 10.5 until he has received the goods back, or until the consumer has supplied evidence of having sent back the goods, whichever is the earliest.

10.8. After receipt by the Seller of the notice of exercise of the right of withdrawal, either Party shall be released from all contractual duties, except the duties set out in this article 10.

11. Communications

11.1. With the exception of the means of communication prescribed / assured by law, all communication between the Parties shall be effected preferably by e-mail. Both Parties agree that e-mail correspondence shall have a legally binding effect among them.

11.2. Written communication to the Seller shall only be legally effective if submitted via traditional mail to Tiroler Goldschmied GmbH, with registered address in Italy, 39019 Tirol, Schloßweg 3, or via e-mail to: shop@tirolergoldschmied.it, or fax to 0039 0473 923 242.

11.3. Both Parties may at their own discretion change their e-mail address, at the conditon that such change is communicated to the other Party through the means as of art. 11.2.

12. Treatment of personal data

12.1. With stipulation of an online sales transaction on the Website or via e-mail, the Buyer expressly confirms that he found, read and understood the Website´s privacy policy relating to the processing of his personal data, set out in accordance with art. 13 of the EU data protection regulation nr. 679/2016 and respective Italian legislative decree nr. 101/2018.

13. Resolution of disputes and jurisdiction

13.1. In case there should arise a controversy between the Parties in respect of the scope of this General Conditions (incl. the online purchase contract) the Parties will attempt to achieve a fair and friendly solution.

13.2. The Buyer is herewith informed that the European Union with EU Regulation nr. 524/2013 has provided for an online dispute resolution platform (ODR), which can be accessed through the link http://ec.europa.eu/consumers/odr/. Such ODR platform is a means to help online consumers to find a friendly solution of eventual controversies relating to online purchase contracts. Also for this purpose, the e-mail address of the Seller is shop@tirolergoldschmied.it.

13.3. If the controversy cannot be solved through ODR, and if the Buyer is a consumer domiciled in Italy, the competent jurisdiction, according to art. 66 bis of the legislative decree nr. 206/2005, is the court at the place of domicile of the consumer. If the Buyer is not a consumer, exclusive jurisdiction shall be reverted to the courts of Bolzano in Italy.

14. Applicable law

14.1. This General Conditions are governed by Italian law.

15. Miscellaneous

15.1. This General Conditions substitutes any previous oral or written agreements between the Parties relating to the specific online purchase contract.

15.2. Should a specific contract clause be null or void, this shall not have an impact on other clauses which are not null or void.

15.3 This General Conditions are available in German, Italian and English languages.

 

 

Model withdrawal form