GTC

GENERAL TERMS AND CONDITIONS (GTC)

Contents

1. Scope of application
2. Ordering Process and Contract Conclusion
3. Prices, Costs and Payment
4. Delivery of the Products
5. Right of Withdrawal
6. Legal Guarantee
7. Rights in Case of Lack of Conformity
8. Time Limits Concerning the Guarantee
9. Governing Law and Dispute Resolution

Scope of application

1.1 These Gernal Terms and Conditions (hereinafter referred to as “GTC”) of the company Vitalstein S.n.c. d. Schwitzer K. & Kasslatter M. shall apply, in the version in force from time to time, to any sales contract concluded also in the future between us, the company
Vitalstein S.n.c. d. Schwitzer K. & Kasslatter M.
Sasso 94
39049 Val di Vizze (BZ)
South Tyrol / Italy
Telephone: +39 0472 765239
E-mail: info@silberquarzit-experience.com
PEC (only for Italy): vitalstein@pec.rolmail.net
Fiscal code, VAT registration number and registration number with the Bolzano Company Register: 02648450217
and you as our customers (hereinafter referred to as “Sales Contract”).
1.2 These GTC apply if you act as consumers. You do act as consumers if you are acting for purposes which are outside your business, trade, craft or profession. Therefore, and considering the choice of law made in clause 9 below, we draw your attention on the fact that articles 45 and following of the Italian Legislative Decree of 6 September 2006, no. 206 (hereinafter referred to as “Consumer Code”) apply. These GTC do also apply if you do not act as consumers and thus as commercial customers (hereinafter referred to as “Commercial Customers”). If no express distinction made in these GTC between consumers and Commercial Customers as regards individual provisions, the provisions apply equally to consumers and Commercial Customers.
1.3 Le presenti CGC si applicano anche qualora non agite quale consumatori ma quali clienti commerciali (di seguito “Clienti Commerciali”). Se non viene fatta alcuna distinzione espressa tra consumatori e Clienti Commerciali per singole disposizioni, queste si applicano ugualmente a consumatori e Cliente Commerciali.
1.4 The languages available for the conclusion of the Sales Contract are German, Italian and English.

Ordering Process and Contract Conclusion

2.1 The products and their main characteristics are displayed on our website www.silberquarzit-experience.com (hereinafter referred to as “Website”). The products may differ from the images also due to the naturalness of the materials. The presentation of the products on our Website does not constitute an offer for the conclusion of a Sales Contract but has the sole purpose of providing an overview of our products and prices. If you are interested in certain products, you can select them and add them to a so-called with list (hereinafter referred to as “Wish List”).
2.2 If you wish to send the Wish List, please go to the Wish List section in our Web Shop. Here you will be guided through the further process. You will be asked to enter the data necessary for us to create our offer.
2.3 Even sending the Wish List to us does not constitute an offer for the conclusion of a Sales Contract but simply allows us to verify your wishes. Should your wishes correspond, inter alia, to availability of the products, we will send you a binding offer (hereinafter referred to as “Offer”) by e-mail.
2.4 If you then wish to accept the Offer, you can confirm this to us. If you have accepted the offer in its entirety and we receive it in good time, a Sales Contract with obligation to pay will be concluded (hereinafter referred to as “Contract Conclusion”).

Prices, Costs and Payment

3.1 The total price of the goods inclusive of taxes as as, where applicable, all additional freight, delivery or postal charges and any other costs are set forth in our Offer.
3.2 Payment is due upon Contract Conclusion and is made in advance. We accept the following means of payment: PayPal and bank transfer.

Delivery of the Products

4.1 We can deliver if you, as a consumer, have your habitual residence or, as a Commercial Customer, have your registered office in a member state of the European Union, the United Kingdom (UK), Switzerland, Iceland, Liechtenstein or Norway and you can provide a delivery address in the relevant country. If, as a consumer, you do not have your habitual residence or, as a Commercial Customer, you do not have your registered office in one the countries mentioned, we will nevertheless examine your request and the possibility of delivery and inform you whether and under what conditions a delivery can take place.
4.2 Delivery of the products will take place by GLS after Contract Conclusion and receipt of full payment.
4.3 Unless specific delivery times are indicated in our Offer, we will deliver the goods without undue delay, but not later than 30 days from the conclusion of the Sales Contract.
4.4 Where we have failed to fulfil our obligation to deliver the products at the time agreed upon with you or within the time limit set for in clause 4.3 above, you shall have the right to call upon us to make the delivery within an additional period of time appropriate to the circumstances. If we fail to deliver the products within that additional period of time, you shall be entitled to terminate the Sales Contract without prejudice to the right to claim damages. If you are Commercial Customers, we will be liable for damages only in case of willful misconduct or gross negligence.
4.5 You are not obliged to grant us an additional period of time as per clause 4.4 above, where: (a) we have refused to deliver the products; or (b) delivery within the agreed delivery period is essential taking into account all the circumstances attending the Contract Conclusion; or (c) you have informed us, prior to the Contract Conclusion, that delivery by or on a specified date is essential. In those cases, if we fail to deliver the products at the time agreed upon or within the time limit set out in clause 4.3 above, you shall be entitled to terminate the Sales Contract immediately without prejudice to the right to claim damages. If you are Commercial Customers, we will be liable for damages only in case of willful misconduct or gross negligence.

Right of Withdrawal

5.1 If you are consumers, you have a right of withdrawal in accordance with Article 52 of the Consumer Code, of which we inform you in more detail in separate instructions on withdrawal, which you can also access on our Website. The instructions on withdrawal form an integral part of these GTC.
5.2 The right of withdrawal does not apply if you are a Commercial Customer.

Legal Guarantee

6.1 According to Article 129 ad following of the Consumer Code, there exists a legal guarantee of conformity for goods, the main contents and time limits of which are described in more detail in this clause 6 as well as in clauses 7 and 8 below. This guarantee applies, mutatis mutandis, even if you are a Commercial Customer. In this case, the guarantee described herein shall apply in place (and not in addition) of the legal guarantee provided by law for Commercial Customers in Articles 1490 and following of the Italia Civil Code. No commercial guarantees are provided.
6.2 We must deliver goods to you which are in conformity with the Sales Contract.
6.3 Goods are presumed to be in conformity with the Sales Contract if the following conditions, where relevant, are simultaneously met: (a) they are fit for the purposes for which goods of the same type are normally used; (b) they comply with the description given by us and possess the qualities of the goods which we may have held out to you as a sample or model; (c) they show the quality and performance which are normal in goods of the same type and which you can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by us or our agents or representatives, particularly in advertising or on labelling; (d) they are fit for the purpose for which you require them and which you made known to us at the time of Contract Conclusion and which we have also implicitly accepted.
6.4 There shall be deemed not be a lack of conformity if, at the time the Sales Contract was concluded, you were aware, or could not reasonably be unaware of, the lack of conformity, or if the lack of conformity has its origin in your instructions or materials supplied by you.

Rights in Case of Lack of Conformity

7.1 We shall be liable to you for any lack of conformity which exists at the time the goods were delivered.
7.2 In the case of lack of conformity, you shall be entitled to have the goods brought into conformity free of charge by repair or replacement, in accordance with clauses 7.3 and 7.4, or to have an appropriate reduction made in the price or the Sales Contract terminated with regard to those goods, in accordance with clauses 7.5 and 7.6.
7.3 You may require us – at your choice – to repair the goods or to replace them, in either case free of charge, unless this is impossible or excessively burdensome. For such purposes a remedy shall be deemed to be excessively burdensome if it imposes costs on us which, in comparison with the alternative remedy, are unreasonable, taking into account: (a) the value the goods would have if there were no lack of conformity; (b) the significance of the lack of conformity; and (c) whether the alternative remedy could be completed without significant inconvenience to you.
7.4 Any repair or replacement shall be completed within a reasonable time and without any significant inconvenience to you, taking account of the nature of the goods and the purpose for which you required the goods.
7.5 You may – at your choice – require an appropriate reduction of the price or have the Sales Contract terminated, if one of the following situations applies: (a) if the replacement or repair are impossible or excessively burdensome; (b) if we have not completed the repair or replacement within the term mentioned in clause 7.4; (c) if the previously performed replacement or repair has caused you considerable inconvenience.
7.6 You are not entitled to have the Sales Contract terminated if the lack of conformity, for which the remedies of replacement or repair are impossible or excessively burdensome, is minor.
7.7 If you are Commercial Customers, we will be liable for damages only in case of willful misconduct or gross negligence.

Time Limits Concerning the Guarantee

8.1 If you are consumers, we are liable in accordance with Article 130 of the Consumer Code where the lack of conformity becomes apparent within 2 years as from delivery of the goods. You forfeit your rights under Article 130(2) of the Consumer Code if you do not notify us of the lack of conformity within a period of 2 months from the date on which you detected the lack of conformity. Such notice is not necessary if we have acknowledged the existence of the lack of conformity or if we have hidden it. Unless proved otherwise, any lack of conformity which becomes apparent within 6 months of delivery of the goods shall be presumed to have existed at the time of delivery unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity. The legal action to assert not hidden defects prescribes in any case within 26 months of delivery of the goods.
8.2 If you are Commercial Customers, you forfeit your right to the warranty if you do not notify us of the defects within 8 days of discovery. The action prescribes, in any case, within one year of delivery of the product.

Governing Law and Dispute Resolution

9.1 The Sales Contract (including the pre-contract phase) shall be governed by the law of the Italian Republic with the express exclusion of the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG). If you are consumers, such choice of law does not, however, deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the law of the country where you have your habitual residence.
9.2 Where you are consumers, we are required to inform you of the European Commission’s online dispute resolution platform (ODR platform) for consumer disputes, which you can access at https://ec.europa.eu/consumers/odr. Out e-mail address is info@silberquarzit-experience.com. We are not, however, obliged nor committed to use an alternative dispute resolution entity (ADR entity).
9.3 If you are Commercial Customers, any dispute arising out of or in connection with the Sales Contract (including relative to the pre-contract phase) shall be submitted to the exclusive jurisdiction of the Courts of Bolzano (BZ, Italy).

 

Versione: 1° novembre 2020