General Terms and Conditions and Customer Information
Table of contents
1. scope of application
2. conclusion of contract
3. right of revocation
4. prices and terms of payment
5. terms of delivery and dispatch
6. liability for defects
7. applicable law, place of jurisdiction
1) SCOPE OF APPLICATION
1.1 These terms and conditions of "CAPONE PIETRO SRL" (hereinafter "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods and/or services presented by the Seller in his online shop. Herewith the inclusion of own conditions of the customer is contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2) CONCLUSION OF CONTRACT
2.1 The product descriptions contained in the seller's online shop represent binding offers on the part of the seller.
2.2 The customer can accept the offer via the online order form integrated in the seller's online shop. In the case of an order via the online order form, the customer, after having entered the personal order data, submits a legally binding acceptance of the contractual offer with regard to the goods contained in his shopping basket by clicking the button that concludes the ordering process. However, the offer can only be accepted if the customer accepts these terms and conditions by ticking the box "I have read the general terms and conditions and expressly agree to them".
2.3 The seller will send the customer a confirmation of the order by post or email.
2.4 Upon acceptance of an offer via the Seller's online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) together with the present General Terms and Conditions after dispatch of the order. In addition, the text of the contract is archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected customer account by providing the corresponding login data, provided the Customer has created a customer account in the Seller's online shop before sending his order. In any case, the Seller will send the Customer an order confirmation with a note on how to download and print out the General Terms and Conditions using the "Print" function.
2.5 Before binding submission of the order via the online order form of the seller, the customer can correct his entries continuously via the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions. 2.6 If the customer acts as a consumer, only the Italian language is available for the conclusion of the contract.
3) RIGHT OF REVOCATION
3.1 In principle, consumers are entitled to a right of withdrawal. 3.2 Further information on the right of revocation can be found in the seller's revocation instructions.
4) PRICES AND TERMS OF PAYMENT
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 The customer has various payment options at his disposal, which are indicated on the seller's website.
4.3 If advance payment has been agreed, payment is due immediately after conclusion of the contract.
5) DELIVERY AND SHIPPING CONDITIONS
5.1 The delivery of goods shall take place regularly by dispatch and to the delivery address specified by the customer. The delivery address stated in the Seller's order processing is decisive for the transaction.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment.
5.3 Collection by the customer is not offered.
6) LIABILITY FOR DEFECTS
6.1 The statutory liability for defects shall apply.
6.2 For consumers, the limitation period for warranty claims is as follows
- for new goods, two years from delivery of the goods to the customer.
- for used goods, one year from delivery of the goods to the customer.
6.3 The assertion of claims for defects requires that the consumer notifies the seller of the defect within two months of discovery.
7) APPLICABLE LAW, PLACE OF JURISDICTION
7.1 If the customer acts as a consumer within the meaning of the clause
1.2 Italian law shall apply to all legal relationships between the parties, excluding the UN Convention on Contracts for the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract shall be the customer's place of residence.
7.2 If the customer acts as an entrepreneur within the meaning of the clause
1.2 German law shall apply to all legal relationships between the parties, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of residence or business of the Seller.