GTC

GENERAL TERMS AND CONDITIONS (GTC)

1. SCOPE OF APPLICATION

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of the enterprise Silberquarzit der Schwitzer Kornelia shall apply, in the version in force from time to time, to any sales or service contract concluded also in the future between us, the enterprise

Silberquarzit der Schwitzer Kornelia
Handwerkerzone Ost Nr. 4, Fraktion Gasteig
39040 Ratschings (BZ)
South Tyrol / Italy
Telephone: +39 339 647 9743
E-mail: info@silberquarzit-experience.com
PEC (only for Italy): silberquarzit.experience@pec.it
Fiscal code and registration number with the Bolzano Company Register: SCHKNL75M49B160P
VAT registration number: 03141460216

and you as our customers (hereinafter referred to as “Sales Contract” or “Service Contract”, respectively).

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 2005, 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 is made in these GTC between consumers and Commercial Customers as regards individual provisions, the provisions apply equally to consumers and Commercial Customers.

1.3 The languages available for the conclusion of the Sales Contract or Service Contract are German, Italian and English.

2. ORDERING PROCESS AND CONTRACT CONCLUSION

2.1 The products and services 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 and services on our Website does not constitute an offer for the conclusion of a Sales Contract or Service Contract but has the sole purpose of providing an overview of our products or services and prices.

2.2 The ordering process and contract conclusion differ depending on whether you are interested in goods or services.

2.3 If you are interested in certain goods, you can select them on our Website and place them in a so-called shopping basket. The goods you wish to purchase are collected in this shopping basket. The shopping basket thus also gives you an overview of your planned purchases. If you wish to place an order, please go to the shopping basket. Here you will be guided through the further ordering process. You will be asked to enter the data required to process the order and to select the shipping and payment method. Directly before you place an order, we will make you aware in a clear and prominent manner in an order overview of the main characteristics of the goods, the total price of the goods inclusive of taxes as well as, where applicable, all additional freight, delivery or postal charges and any other costs.

2.4 When placing the order, you are asked to explicitly acknowledge that the order implies an obligation to pay. Placing an order entails activating a button, which is labelled in an easily legible manner only with the words “order with obligation to pay” or a corresponding unambiguous formulation. As long as you do not activate this button, you may at any time change the order, correct any input errors or even cancel the order process completely. As soon as you have activated the button and thus placed an order, we will immediately confirm receipt of the order by e-mail. We will provide you with the confirmation of the concluded Sales Contract on a durable medium within a reasonable time after the conclusion of the Sales Contract, and at the latest at the time of delivery of the goods.

2.5 If you are, on the other hand, interested in certain services, you can select them and add them to a so-called wish list (hereinafter referred to as “Wish List”).

2.6 If you wish to send the Wish List, please go to the Wish List section in our Website. Here you will be guided through the further process. You will be asked to enter the data necessary for us to create our offer.

2.7 Even sending the Wish List to us does not constitute an offer for the conclusion of a Service Contract but simply allows us to verify your wishes. Should your wishes correspond, inter alia, to availability of the services, we will send you a binding offer by e-mail, which will be valid for 10 days as of the date of the offer.

2.8 A Service Contract with obligation to pay will then be concluded, if you expressly accept the offer and/or if you pay the total price indicated in the offer within 10 days as of receipt of the Offer.

3. PRICES, COSTS AND PAYMENT

3.1 The total price of the goods and services inclusive of taxes as well 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.

4. 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 of 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.

5. PROVIDING THE SERVICES

5.1 The subject of the services is the agreed activity and not a specific result in the legal sense.

5.2 We will provide the services to the extent, during the period and at the premises described in the Offer. Breaks are included in the period specified unless stated otherwise.

6. RIGHT OF WITHDRAWAL

6.1 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.

6.2 The right of withdrawal does not apply if you are a Commercial Customer.

7. LEGAL GUARANTEE FOR GOODS

7.1 According to Article 129 and 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 this clause 7 as well as in clauses 8 and 9 below. The remedies described in clause 8 (and only those remedies) apply, mutatis mutandis, even if you are a Commercial Customer. In this case, the remedies described shall apply in place (and not in addition) of the remedies provided by law for Commercial Customers in Articles 1492 and following of the Italian Civil Code, it being understood that any other aspect of the legal guarantee are governed by clause 1490 and following of the Italian Civil Code. No commercial guarantees are provided.

7.2 We must deliver goods to you which are in conformity with the Sales Contract.

7.3 In order to confirm with the Sales Contract, goods shall, in particular, where applicable, if you are a consumer: (a) be of the description, type, quantity and quality, and possess the functionality, compatibility, interoperability and other features, as required by the sales contract; (b) be fit for any particular purpose for which the consumer requires them and which the consumer made known to the seller at the latest at the time of the conclusion of the sales contract, and in respect of which the seller has given acceptance;; (c) be delivered with all accessories and instructions, including on installation, as stipulated by the sales contract; and (d) be supplied with updates as stipulated by the sales contract.

7.4 In addition to complying the the above requirements for conformity, goods shall: (a) be fit for the purposes for which goods of the same type would normally be used, taking into account, where applicable, any existing Union and national law, technical standards or, in the absence of such technical standards, applicable sector-specific industry codes of conduct; (b) where applicable, be of the quality and correspond to the description of a sample or model that the seller made available to the consumer before the conclusion of the contract; (c) where applicable, be delivered along with such accessories, including packaging, installation instructions or other instructions, as the consumer may reasonably expect to receive; and (d) be of the quantity and possess the qualities and other features, including in relation to durability, functionality, compatibility and security normal for goods of the same type and which the consumer may reasonably expect given the nature of the goods and taking into account any public statement made by or on behalf of the seller, or other persons in previous links of the chain of transactions, including the producer, particularly in advertising or on labelling.

8. RIGHTS IN CASE OF LACK OF CONFORMITY

8.1 We shall be liable to you for any lack of conformity which exists at the time the goods were delivered.

8.2 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 8.3 and 8.4, or to have an appropriate reduction made in the price or the Sales Contract terminated with regard to those goods, in accordance with clauses 8.5 and 8.6.

8.3 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.

8.4 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.

8.5 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 8.4; (c) if the previously performed replacement or repair has caused you considerable inconvenience.

8.6 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.

8.7 If you are Commercial Customers, we will be liable for damages only in case of willful misconduct or gross negligence.

9. TIME LIMITS CONCERNING THE GUARANTEE

9.1 If you are consumers, we are liable to you in accordance with Article 133 of the Consumer Code for any lack of conformity which exists at the time when the goods were delivered and which becomes apparent within two years of that time. The legal action to assert not hidden defects prescribes in any case within 26 months of delivery of the goods.

9.2 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.

10. GOVERNING LAW AND DISPUTE RESOLUTION

10.1 The Sales or Service 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.

10.2 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).

10.3 If you are Commercial Customers, any dispute arising out of or in connection with the Sales or Service Contract (including relative to the pre-contract phase) shall be submitted to the exclusive jurisdiction of the Courts of Bolzano (BZ, Italy).

Version date: 21.01.2022