The following general terms and conditions regulate the purchase of the products of the
ALMvollgas vGmbH of Gufler Helmuth with seat:
Italy, 39017 Schenna (BZ)
Obertall 19
VAT number IT 03000560213
Registered in the Commercial Register of the Chamber of Commerce of Bolzano, BZ-223468
E-mail address: info@edelschwarz.it
Pec mail: almvollgas@pec.rolmail.net
Phone: +39 344 053 91995
In person of the legal representative, Mr. Gufler Helmuth (hereinafter referred to as "Seller").
General Terms and Conditions ALMvollgas vGmbH
The following general terms and conditions regulate the purchase of products from ALMvollgas vGmbH of Gufler Helmuth, with registered office in Italy, 39017 Schenna (BZ), Obertall 19, VAT No. IT 03000560213, registered in the Commercial Register of the Chamber of Commerce of Bolzano, BZ-223468, e-mail address: info@edelschwarz.it, Pec-Mail: almvollgas@pec.rolmail.net, Tel.: +39 344 053 91995, in the person of the legal representative, Mr. Gufler Helmuth (hereinafter referred to as "Seller")
Preceded:
- That the Seller markets its products on the Intersite www.edelschwarz.it,
- That the Intersite is intended for business transactions between companies and end users (B2C),
- That the trademark and logo of the Intersite are the exclusive property of the Seller,
- That the term "General Terms and Conditions for Online Sales" means the purchase contract for consumer goods of the Seller concluded between the Seller and the Buyer within the framework of a distribution system organized by the Seller for distance sales;
- that these terms and conditions regulate the online sale between ALMvollgas vGmbH of Gufler Helmuth and the buyer, who expressly declares that he makes the purchase for purposes that cannot be attributed to his commercial, business, craft or professional activity;
- that these preliminary remarks are an integral and essential part of the contract;
the following is agreed:
Subject matter and conclusion of the contract
These general terms and conditions, which are made available to the buyer for reproduction and storage in accordance with art. 12 of Legislative Decree no. 70 of 9 April 2003, have as their object the purchase at a distance and by means of distance communication of products from the seller, with registered office in Italy, 39017 Schenna, Obertall 19, VAT no. IT 03000560213, e-mail address: info@edelschwarz.it, tel.: +39 344 053 91995, registered in the Commercial Register of the Chamber of Commerce of Bolzano, entry (BZ-223468).
By this Agreement, the Seller sells and the Buyer purchases at a distance the Products listed and offered for sale on the Seller's website.
The essential characteristics of the products are described on the Seller's website. The Buyer is aware that the delivered product may have slight deviations compared to the picture presented on the Website.
The Seller undertakes to deliver the selected products - if available - against payment of the corresponding amount in accordance with Article 3 of this Contract.
The Seller's offers are subject to change without notice and are not binding. In this respect, the presentation on the Internet Site does not constitute a legally binding offer. When ordering via the Internet Site, the Buyer, by clicking the button "order with costs", places a binding order for the conclusion of a purchase contract for the desired products. The contract is concluded at the place where the legal seat of the seller is located.
The Seller is entitled to accept the offer within 14 calendar days by sending a contract confirmation (by e-mail) and by executing the order. If the order is not accepted by the Seller within 14 calendar days, the order is considered rejected. The Seller also has the right to accept the order only partially in case of unavailability of the Products.
The Seller informs the Buyer, according to Art. 12 of the GvD 70/2003, that each incoming order will be stored/kept in digital form on the server/paper at the Seller's headquarters according to the criteria of confidentiality and data security.
ALMvollgas vGmbH of Gufler Helmuth, wants to enter into contractual relations only with persons of legal age.
Acceptance of the terms and conditions
These terms and conditions, as well as the privacy information, must be reviewed "online" by the buyer before completing the order process. To accept the terms and conditions, all sections of the online form must be filled in completely and accurately, following the instructions on the screen and finally ticking the box " I have read and agree to the terms and conditions" and thus accepting them*. The transmission of the order on the part of the buyer, therefore, implies the full knowledge of these conditions and their full acceptance. The Buyer, who transmits the confirmation of his order by telematic means, undertakes to fully accept the terms and conditions of business and payment described below and to comply with them in his business relations with the Seller; he declares that he has seen and accepts all the information provided by the Seller in terms of the above provisions, and he further acknowledges that the Seller is not bound by any terms and conditions to the contrary, unless they have been agreed upon in writing in advance.
*By correctly filling in the electronic form, the terms of sale and privacy policy are accepted.
Order modality and sales prices
All prices indicated are Euro amounts and are inclusive of VAT. They are always indicative and must be expressly confirmed by e-mail by the seller, who thereby accepts the order. Postage and shipping costs may vary depending on the ordered item and the selected destination country and are regulated as follows:
Shipping costs (domestic and international)
The products purchased on the website will be sent by mail or carrier to the address indicated by the buyer. From a purchase value of 300 euros, the shipping costs are waived. Otherwise, the transport costs depend on the destination and on the quantity purchased:
Italy and Germany
Parcels with a total weight up to 1,99kg: 6 Euro
Parcels with a total weight from 2kg – 4,99kg: 12 Euro
Parcels with a total weight from 5kg or more: 15 Euro
Delivery is free of charge for parcels over 300 Euro.
The total cost of shipping to the address of the Buyer shall be borne by the Buyer, except in the case of exceptions and deviations, which 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 confirming the order.
The products selected by the Buyer from the catalog of the online store www.edelschwarz.it are placed in the electronic shopping cart. The content of the shopping cart can be displayed, modified or deleted at any time. After confirming the shopping cart, the Buyer is obliged to fill in the form completely. He is responsible for the correctness of the personal data. The online purchase can be interrupted at any time, by closing the browser window.
The receipt of the order binds the seller only after the seller has expressly accepted the order by e-mail. The Seller confirms and accepts the received order by sending an e-mail with a summary of the details of the order, after checking the availability of the selected product.
The Buyer expressly grants the Seller the right to accept the order only partially (for example, in the event that not all ordered products are available). In this case, the contract is considered concluded in relation to the goods actually sold.
Terms of payment
Payment of the purchase price is due immediately upon conclusion of the contract. The seller accepts payments in advance by bank transfer and PayPal
a) Payment in advance:
When paying in advance, the buyer must transfer the invoice amount to the seller's account within 10 days after order completion. In the case of payment in advance, the stated delivery times apply from receipt of money on the account. If the amount is not within 10 days on the account, the seller reserves the right to withdraw from the contract.
b) Payment by PayPal:
payment is made through the online provider Paypal. The buyer must register with PayPal or be registered there. Then the buyer must legitimize himself with the access data and confirm the payment instruction the seller (exception if necessary guest access). Further instructions will be given during the ordering process. After the amount is received on the seller's account, the product will be shipped.
All payments are to be made to the seller without any deductions. A payment is considered made only when the seller can freely dispose of the amount.
Vouchers
Vouchers issued from 01.02.2022 to 28.02.2022 can only be redeemed in the online store of the website www.edelschwarz.it. The voucher can be redeemed up to and including 28.02.2022, by any adult. The vouchers are valid for all products listed in the online store of the website www.edelschwarz.it and are transferable. Only one voucher can be redeemed per order.
Delivery
Except for the cases 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 preceding articles, by means of carriers or courier services of trust, to the delivery address indicated by the Buyer.
The Seller will deliver products in stock in the country (Italy) within 3-5 working days at the latest after confirmation of the order. In case of payment in advance, the delivery times are valid from the date of receipt of the money on our account.
In the event that the Seller is not able to deliver within the stated deadlines, the Buyer will be informed by e-mail.
If a product is not available, the seller reserves the right to accept the order even partially. In this case, the buyer will be informed immediately and, if necessary, the delivery of a comparable product will be proposed. If no comparable product is available or the buyer does not wish delivery of a comparable product, any payments already made will be refunded immediately. If there are several partial deliveries, the seller will pay the additional shipping costs.
The Seller shall not be liable for the delay or lack of delivery of the Products in case of inaccurate or incorrect address data provided by the Buyer.
The Buyer may accept or collect the goods only by himself or by persons of legal age authorized by him. The customer releases the company ALMvollgas vGmbH of Gufler Helmuth from claims of third parties resulting from the violation of this obligation.
If the buyer is late for acceptance or culpably violates other cooperation obligations, the company ALMvollgas vGmbH des Gufler Helmuth is entitled to claim the resulting damage including any additional costs from the buyer. We reserve the right to assert further claims.
The risk of accidental loss shall pass to the Buyer if the Buyer is in default.
Upon receipt of the products, the buyer must make sure that the delivered product corresponds to the order. Only after this verification may he sign the delivery documents, subject to the right of withdrawal.
Limitation of liability
Seller shall not be liable for any damage or defects to the Products resulting from improper use, operation and storage, negligent or improper care and maintenance, overuse, or improper repair by an unauthorized service agent.
Seller shall have no liability whatsoever if the goods are delivered late or not at all and this is due to cases of force majeure, such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods or other similar events which prevent timely performance of the contract in whole or in part.
The Buyer cannot hold the Seller liable for operational disturbances or interruptions beyond its control in connection with the use of the Internet, except in the case of intent or gross negligence on the part of the Seller.
The Seller shall not be liable to Contracting Parties or third parties for any damages, losses and costs resulting from the non-execution of the Contract for the above reasons.
The Seller shall not be liable for any fraudulent and unlawful use of credit cards, checks and other means of payment by third parties in the payment of the ordered products, if it can prove that it has taken all possible precautions according to the current state of knowledge and experience and with due diligence.
Warranty and customer service
The Seller sells only high quality products. In case of questions, complaints or suggestions, the buyer can contact the company ALMvollgas vGmbH of Gufler Helmuth by e-mail info@edelschwarz.it or telephone +39 344 053 9195. In order to ensure a quick processing of the questions, complaints or suggestions, the buyer should describe the problem as precisely as possible and, if necessary, send order documents in copy or indicate order number, customer number, etc.
In case of conformity defects, the provisions on the legal warranty pursuant to Legislative Decree No. 206 of September 6, 2005 shall apply.
The warranty applies only to the products specified in Legislative Decree No. 206 of September 6, 2005.
Obligations of the buyer
The Buyer undertakes to pay the purchase price for the ordered product in the term and form specified in the contract.
Upon completion of the ordering process, the Buyer must print and keep these General Terms and Conditions, which he/she has already viewed and accepted in a mandatory step during the ordering process, as well as the product specifications of the ordered product, in order to fully comply with the conditions set forth in Legislative Decree No. 206 of September 6, 2005.
It is strictly forbidden for the Buyer to enter false and/or invented and/or fictitious data when registering through the corresponding online form. In the case of personal data and e-mail address, only the Buyer's own real data and not those of third parties or invented persons may be entered. Thus, the Buyer assumes full liability for the accuracy and truthfulness of the information provided in the registration form to complete the ordering process.
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 the correct data entry.
Right of withdrawal according to Legislative Decree No. 206/2005
The right of withdrawal applies only to the products mentioned in art. 59 of Legislative Decree no. 206/3005 of 6 September 2005. Therefore, excluded are the products such as personalized products, made-to-measure products, custom-made products, goods that have been modified in any way by the buyer, sealed products, which are not suitable for return for health protection or hygiene reasons. Excluded from the right of withdrawal is also sale goods, which can neither be returned nor exchanged.
For the products for which the right of withdrawal is not excluded, the Buyer may withdraw from the concluded contract, without penalty and without giving any reason, within 14 days from the date of receipt of the products.
In case of a contract for delivery of the Products in several partial shipments or pieces, the period for exercising the right of withdrawal shall start on the day when the Buyer has received the last partial shipment or piece.
If the Buyer wishes to exercise his right of withdrawal, he must inform the Seller of his decision to withdraw from the contract by means of a clear statement. Any revocation must be sent to the following contacts (letter sent by mail, telephone or an e-mail):
ALMvollgas vGmbH of Gufler Helmuth
Obertall 19
39017 Schenna
ITALY (Province of Bolzano)
Phone: +39 344 0539195
E-mail address: info@edelschwarz.it
For this purpose, the Buyer may also use the model withdrawal form attached in Annex I, Section B of Legislative Decree No.21/2014, which, however, is not mandatory.
To comply with the withdrawal period, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the expiry of the withdrawal period.
The Products must be returned to the Seller without undue delay and in any case no later than within fourteen days from the day on which the revocation is notified to the Seller. The term is granted if the products are sent before the expiry of the term of fourteen days. The Buyer shall bear the direct costs of returning the Products.
The Buyer who exercises his right of withdrawal as intended shall be refunded all contributions paid, except for the delivery costs and the additional costs resulting from the fact that the Buyer has chosen a type of delivery other than the most favorable standard delivery offered by the Seller, without undue delay and no later than within fourteen days from the day on which the notification of withdrawal from this contract is received by the Seller. For this repayment, the Seller shall use the same means of payment that the Buyer used in the original transaction, unless expressly agreed otherwise;
Seller may refuse repayment until it has received the products back or until Buyer has provided proof that the products have been returned, whichever is earlier, unless Seller has offered to collect the goods itself. Buyer shall bear the delivery costs of the return shipment.
The Buyer shall only be liable for any loss in value of the Products if such loss in value is due to handling of the Products that is not necessary to inspect the condition, properties and functioning of the Products. The tax receipt or invoice must be enclosed.
The EU has set up an online portal to help dissatisfied customers. If you have a complaint about goods or services that you have purchased from us over the Internet, you can find a neutral dispute resolution body at the following address ec.europa.eu/consumers/odr to reach an out-of-court solution. Please note, for some industries and in some countries there are currently (as of 01/02/2017) no dispute resolution bodies. Therefore, as a consumer, you may not be able to use this portal to resolve disputes with us in these countries. For more information, please visit the EU online portal. We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board. Nevertheless, we are generally willing to participate in a dispute resolution procedure before a consumer arbitration board.
Upon receipt of the notice in which the Buyer notifies the Seller of the exercise of the right of withdrawal, the contracting parties shall be released from their respective obligations; the provisions of this Article shall remain unaffected.
Communications
With the exception of the cases expressly mentioned or those established by law, communications between the Seller and the Buyer shall preferably be made by e-mail messages sent to the respective e-mail addresses, which shall be considered by both Parties as a valid means of communication and the use of which cannot be objected to in court solely on the basis of the fact that they are electronic documents.
Written communications to the Seller, as well as any complaints, shall be valid only if sent to the address of ALMvollgas vGmbH of Gufler Helmuth, with registered office in Italy, 39017 Schenna, Obertall 19, VAT No. IT03000560213, e-mail address: info@edelschwarz.it, Tel.: +39 344 053 9195.
Either Party may change its e-mail address for the purposes set forth in this article at any time, provided that it promptly notifies the other Party in compliance with the forms set forth in the above paragraph.
Jurisdiction
In the event of any dispute arising out of or in connection with this contract, the contracting parties shall jointly endeavor to find a fair and amicable solution.
"We inform consumers residing in Europe that in order to resolve disputes arising from online purchases of goods or services on our website, after a preliminary contact with us, they can contact the ADR office to resolve the complaint Co OHG directly...: Conciliareonline.it ", on the website www.conciliareonline.it: Verbraucherzentrale Südtirol, Zwöflmagreiner Straße 2, 39100 Bolzano.
In accordance with EU Regulation No. 524/2013, the buyer is informed by the seller that, in the event of a dispute, he can file a complaint through the European Union's online dispute resolution platform (ODR platform), which can be accessed at the following link: ec.europa.eu/consumers/odr/
The OS platform represents a contact point for consumers who wish to settle out of court disputes that fall within the scope of online sales contracts or online service contracts. For this purpose, the email address of the Seller is: info@edelschwarz.it.
In the event that a dispute cannot be settled amicably, it shall be submitted, in accordance with art. 66-bis of Legislative Decree no. 206/05, to the court in whose district the Purchaser is domiciled, provided that the latter is located on Italian territory; if the Purchaser is not a final consumer, it is understood that the court in Bolzano shall have exclusive jurisdiction over all disputes, even in derogation of the provisions on territorial jurisdiction.
Applicable law and reference to the law
The present contract is governed by Italian law. Unless expressly provided otherwise herein, the legal provisions applicable to the business relationships and transactions provided for in this Contract shall apply and, in any case, the provisions of the Italian Civil Code and Legislative Decree No. 206 of September 6, 2005 (Consumer Code).
PRIVACY POLICY ON THE PROCESSING OF PERSONAL DATA
The Seller protects the privacy of the Customers and ensures that the processing of data complies with the data protection provisions in the sense of art. 13, according to EU Regulation 2016/679 of the European Parliament and of the Council (Data Protection Code) and the "Privacy Policy" of the website www.edelschwarz.it.
a) Identity and contact details of the responsible person
The responsible person is ALMvollgas vGmbH of Gufler Helmuth with legal seat in Italy, 39017 Schenna (BZ), Obertall 19, where the activity seat/legal seat is also located.
You can contact the person in charge through the following numbers/addresses:
Tel.: +39 344 0539 9195
E-mail: info@edelschwarz.it
b) Purpose of the processing
Your data will be processed for the purposes of executing the contract existing between you and our institution and fulfilling all legal obligations.
The rights provided for in the Privacy Policy and the information obligations of the seller are checked "online" before the completion of the ordering process. The transmission of the order confirmation therefore implies their full knowledge.
The personal and fiscal data obtained by the Seller as data controller, directly and/or through third parties, will be collected and processed in paper or electronic and telematic form, depending on the method of processing, for the following purposes: Registering the order, carrying out the procedures for the execution of the contract and the related communications, fulfilling any legal obligations and ensuring the efficient management of the business relationship in the manner necessary to provide the requested service in the best possible way.
The data will be kept for the time necessary to provide the requested service and in accordance with other civil and tax regulations.
c) Marketing purposes
Your data may also be used for market or opinion research or commercial information, after your explicit and optional consent. But also for the purpose of sending information and/or promotional material or for commercial communication regarding new products or updates and novelties to existing products.
Consent to the processing of data collected for sales promotion purposes is optional. Any refusal to allow the relevant processing shall have no effect on the provision of the contractual service.
d) Entities to which the personal data may be disclosed.
Your data may be disclosed, for example, to economic or tax advisors, banking, credit or insurance institutions, transport companies, in order to perform the agreed service. Only data strictly indispensable for the performance of the requested service will be disclosed, preferring whenever possible the processing in anonymous form.
The disclosure of this data is mandatory for the execution of the contract concluded. In the event of any refusal on your part, the subscribing entity will not be able to provide the agreed contractual services. In no case will your data be disseminated to third parties without your prior express consent.
e) Transfer of data to third countries or international organizations
Your data may be transferred in terms of the following security measures and precautions:
- Application of the Privacy Shield agreement, be transmitted to these non-EU countries: United States
In order to manage the mailing process.
The data will not be transferred to non-EU countries.
f) Storage period
Your personal data will be stored for a period of 11 years, in compliance with any other civil and tax regulations that may require a longer storage period.
In any case, the data obtained will not be kept beyond the period necessary for the purposes for which they were collected or subsequently processed. Their removal is carried out in a secure manner.
g) Rights of the data subject
You may exercise your right to access, rectify or delete your data at any time with the data controller (after the purposes under point b) have been fulfilled). You will receive a written response within 30 days, including by electronic means if applicable (unless an oral response is specifically requested). You may also request restriction of processing or oppose processing. Finally, you may request the portability of your data to another controller.
In addition, you can revoke the consent granted with this privacy policy at any time by contacting one of the addresses listed under point a).
h) Right of appeal to the supervisory authority
If you believe that your data has been processed unlawfully, you may lodge an objection with the supervisory authority.
i) Obligatory nature of the provision of your data and consequences of refusal.
The disclosure of your data to the data controller is mandatory only for those data that are necessary for the fulfillment of the purposes under point b). In case of any refusal, the concluded contract cannot be correctly executed.
j) Automated decision making
The Controller does not use any automated decision-making processes concerning your personal data.
Pursuant to Art. 15 of the GDPR, the Buyer is entitled to the following rights:
a) to request the updating, rectification or, where there is an interest, integration of the data;
b) to request that data processed unlawfully be erased, made anonymous or blocked; this also applies to data whose retention is not necessary for the purposes for which it was collected or subsequently processed;
c) obtain confirmation that the operations as per letters a) and b) have been notified, also as regards their contents, to those to whom the data have been communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected.
d) to oppose, for legitimate reasons, the processing of personal data concerning them, even if pertinent to the purpose of the collection;
We invite you to read our Privacy Policy.
Registration
The buyer has the possibility to register on the website through "customer account" with a username and password, and thus create a profile, access the order history and the wish list and edit them if necessary. The personal access data is intended only for the buyer and may not be disclosed to third parties.
When completing the registration application, true, accurate, current and complete information must be provided for the data requested in the registration forms. In case of incomplete registration of member accounts, as well as in case of untrustworthy or incorrect information, we reserve the right to refuse the registration of a member, to cancel it immediately or to delete the member account after a reasonable time.
The buyer can delete the member account at any time. Please refer to our Privacy Policy for questions regarding the storage of data beyond the membership period.
Copyrights
The products and motifs sold and/or used by the seller are protected by copyright. Any use of the motifs or reproduction of the motifs or products is only permitted with the written consent of the seller. By purchasing the products, the buyer is not granted any intellectual property or any right of use. This applies in particular to all images, designs, logos and names as well as any trademark and utility model rights. If the Buyer modifies the product or combines the product with further materials, and if this infringes the intellectual property rights of third parties, the Seller shall not be liable for this.
Express termination clause
The obligations foreseen for the Buyer in art. 9 are essential to this contract. It is therefore expressly agreed that the non-fulfilment of even one of these obligations - unless due to accident or force majeure - shall result in the cancellation of the contract in accordance with art. 1456 of the Italian Civil Code, without the need for a court judgment.
Final clause
The contract remains binding in its remaining parts even in case of invalidity of individual conditions. Should any provision be invalid in whole or in part, the contracting parties shall immediately endeavor to achieve the economic success sought by the invalid provision in another legally permissible manner.
This contract cancels and replaces all previous written and oral agreements, arrangements and negotiations of the contracting parties concerning the same subject matter of this contract.
These general terms and conditions have been drawn up in German and Italian. The contracting parties agree that in the event of any difficulties of interpretation, the text in Italian shall be considered authentic and effective.