Terms of service
General Terms and Conditions
The following general terms and conditions govern the purchase of products from ALMvollgas vGmbH owned by Gufler Helmuth, located at:
Italy, 39017 Schenna (BZ)
Obertall 19
VAT Number: IT 03000560213
Registered in the Commercial Register of the Chamber of Commerce of Bolzano, BZ-223468
Email 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 the "Seller").
General Terms and Conditions (AGB) of ALMvollgas vGmbH
The following general terms and conditions govern the purchase of products from ALMvollgas vGmbH owned by Gufler Helmuth, located in Italy, 39017 Schenna (BZ), Obertall 19, VAT Number: IT 03000560213, registered in the Commercial Register of the Chamber of Commerce of Bolzano, BZ-223468, Email 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 the "Seller").
Preface:
- The Seller markets its products on the website www.edelschwarz.it.
- The website is intended for business transactions between companies and end consumers (B2C).
- The trademark and logo of the website are exclusively owned by the Seller.
- The term "General Terms and Conditions for Online Sales" refers to 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 selling.
- These terms and conditions govern online sales between ALMvollgas vGmbH owned by Gufler Helmuth and the Buyer, who expressly declares that he/she is making the purchase for purposes that cannot be attributed to his/her commercial, business, artisanal, or professional activity.
- These prefatory remarks are an integral and essential part of the contract.
The following is agreed upon:
- 1. Subject Matter of the Contract
- 2. Acceptance of the Terms and Conditions
- 3. Ordering Procedure and Sales Prices
- 4. Conclusion of the Contract
- 5. Payment Methods
- 6. Delivery Terms
- 7. Limitation of Liability
- 8. Warranty and Customer Service
- 9. Obligations of the Buyer
- 10. Right of Withdrawal pursuant to Legislative Decree No. 206/2005
- 11. Express Termination Clause
- 12. Notifications
- 13. Processing of Personal Data
- 14. Jurisdiction
- 15. Applicable Law and Legal References
- 16. Online Dispute Resolution
- 17. Final Provisions
- 1. Subject Matter of the Contract
1.1. These general terms and conditions, provided to the Buyer in accordance with Article 12 of Legislative Decree No. 70 of April 9, 2003 for reproduction and retention, govern the purchase of products remotely and via means of distance communication through the Seller's website, located at 39017 Schenna (BZ), Obertall 19, VAT Number: IT 03000560213, registered in the Commercial Register of the Chamber of Commerce of Bolzano, entry BZ-223468; Email Address: info@edelschwarz.it, PEC: almvollgas@pec.rolmail.net, Tel.: +39 344 053 91995
1.2. Under this contract, the Seller sells, and the Buyer acquires remotely the products listed and offered for sale on the Seller's website.
1.3. The essential characteristics of the products are described on the Seller's website. Product images may not accurately reflect the characteristics of the product.
1.4. The Seller undertakes to deliver the selected products, if available, after payment of the corresponding amount in accordance with Article 3 of this contract.
- 2. Acceptance of the Terms and Conditions
2.1. All orders are transmitted to the Seller by the Buyer completing the specified ordering process.
2.2. These general terms and conditions must be reviewed online by the Buyer before completing the ordering process. Additionally, the Buyer will be presented with privacy information, regarding which, if necessary, consent to the processing of personal data will be given or refused. Submission of the order requires the Buyer's comprehensive knowledge of these conditions and their full acceptance by the Buyer.
2.3. The Buyer, who transmits confirmation of his/her order electronically, commits to fully accepting the business and payment conditions described below and to complying with them in the business relationships with the Seller. The Buyer confirms that he/she has viewed and accepted all information provided by the Seller in accordance with the above provisions. The Buyer also acknowledges that the Seller is not bound by any divergent conditions unless they have been agreed upon in writing in advance.
2.4. To accept the terms and conditions, all sections of the online form must be completed fully and correctly. The Buyer must follow the instructions on the screen and finally click the button "Pay now" to accept them.
- 3. Ordering Procedure and Sales Prices
3.1. The product prices indicated on the website are in euros inclusive of VAT. These prices are indicative and must be confirmed by the Seller via email, thereby accepting the order. The Seller reserves the right to change prices on the website.
3.2. The shipping costs, which vary depending on the ordered item and the selected destination country, will be calculated when entering the online order and clearly indicated to the Buyer. The total cost of shipping to the Buyer's address as well as any applicable fees, taxes, duties, or customs fees shall be borne by the Buyer, unless exceptions and deviations are announced on the website or by email. The costs will be communicated to the Buyer in any case before confirmation of the order.
3.3. The Buyer can find the desired product in the electronic online catalog at www.edelschwarz.it and place it in the shopping cart without obligation. The contents of the shopping cart can be viewed, changed, or removed at any time. After confirming the shopping cart, the Buyer must complete and submit the application form correctly and completely, and provide online approval for the purchase. The ordering process can be cancelled at any time by closing the browser window.
3.4. The receipt of the order is not binding for the Seller until he/she has expressly accepted the order by email. After the Seller has checked the availability of the ordered product, he/she confirms the formal acceptance of the received order by email, which reiterates the essential order data.
3.5. The Buyer expressly grants the Seller the right to accept the order only partially (for example, if not all ordered products are available). In this case, the contract is concluded for the actually sold goods.
- 4. Conclusion of the Contract
4.1. The purchase contract concluded via the website comes into effect at the moment when the buyer receives formal order confirmation via email, through which the seller accepts the buyer's order and notifies that they can fulfill the order. Subsequently, within 3 working days for ready-to-ship products, but no later than 5 days, the buyer receives an email confirming shipment. The contract is deemed to be concluded at the location where the seller is headquartered.
4.2. Only orders in household quantities are accepted. This also applies in the event that by placing multiple orders, the same customer exceeds the usual household quantity of the product, even if each individual order contains only a usual household quantity of the product.
4.3. The seller informs the buyer, in accordance with Article 12 of Legislative Decree No. 70/2003, that each incoming order is stored or kept in digital form on the server or in paper form at the seller's headquarters according to criteria of confidentiality and data security.
4.4. ALMvollgas vGmbH enters into contractual relationships only with persons of legal age.
- 5. Payment Terms
5.1. The purchase price becomes due for payment upon conclusion of the purchase contract.
5.2. All payments must be made in accordance with the contractually agreed payment terms and deadlines.
5.3. Payments by the buyer can only be made in the following forms: advance payment by bank transfer, online payment by credit card (Visa, Mastercard, Maestro, Union Pay, Shop Pay, Apple Pay, Google Pay, American Express), and PayPal. Further information on each payment method can be found on the "Payment" page.
5.4. No cash discount is possible.
5.5. The goods will only be dispatched after the bank transfer has been completed.
- 6. Discounts
6.1. Discounts can only be redeemed for purchases in the online shop, unless otherwise stated.
6.2. Discounts cannot be redeemed for cash and have no cash value. They cannot be combined with other discounts or special offers unless expressly stated otherwise.
6.3. The discount code found on the back of the information booklet is only applicable for orders with a minimum value of €35.00.
6.4. ALMvollgas vGmbH reserves the right to cancel discount codes that have been acquired or used in a fraudulent manner.
6.5. By using the discounts, the customer agrees to these terms and conditions.
- 7. Delivery Terms
7.1. If the products are not collected in person from the seller, the seller will deliver the selected and ordered products to the address provided by the buyer, in accordance with the modalities described in the preceding articles, by carrier or courier service. Delivery is possible within the countries listed on the website and, depending on the item and destination country, within the timeframe indicated on the seller's website and in the confirmation email. If the seller is unable to deliver within this timeframe, the buyer will be informed by email in a timely manner.
Upon request by the buyer and subject to the seller's agreement, deliveries are also possible to countries not listed on the website. In these cases, the delivery and payment terms as well as any applicable costs – borne by the buyer – will be individually agreed upon.
7.2. If the buyer is absent at the time of delivery, a notice will be left with the necessary information to contact the courier or carrier and arrange delivery terms.
7.3. Whether the courier or carrier contacts the buyer before delivering the shipment depends on the respective driver and cannot be guaranteed.
7.4. The delivery of the products is made in the name and at the expense of the buyer. The risk passes to the buyer upon handover of the goods.
7.5. All orders by the buyer are accepted subject to the availability of delivery. If delivery is impossible for reasons beyond the seller's control, the seller is entitled to withdraw from the order. Any claims for damages due to non-performance are excluded in these cases.
7.6. The seller is not liable for delays or non-delivery of the goods in the event of inaccurate or incorrect address data provided by the buyer.
7.7. The delivery times indicated on the website and in the order confirmation email are always non-binding guidelines. Claims for damages or other rights related to delivery delays are therefore excluded, unless otherwise agreed upon in writing between the seller and the buyer.
7.8. ALMvollgas vGmbH does not offer partial deliveries. However, ALMvollgas vGmbH reserves the right to split the delivery into multiple packages for logistical reasons. In this case, the buyer only bears the shipping costs that would apply in the event of a complete delivery.
- 8. Limitation of Liability
8.1. The seller shall not be responsible for delayed or failed deliveries caused by force majeure. This includes, among other things, accidents, explosions, fires, strikes, lockouts, natural disasters such as earthquakes or floods, or similar events that wholly or partially prevent the timely fulfillment of the contract.
8.2. The seller is not liable for operational disruptions or interruptions beyond his control related to internet usage, unless the seller acts intentionally or with gross negligence.
8.3. The seller is not liable to contracting parties or third parties for damages, losses, or costs arising from the non-fulfillment of the contract due to the aforementioned reasons.
8.4. The seller is not responsible for fraudulent or unlawful use of credit cards, checks, or other payment methods by third parties when paying for the ordered products, provided that the seller can demonstrate that all necessary precautions have been taken with due diligence in accordance with the current state of knowledge and technology.
- 9. Warranty and Customer Service
9.1. The seller exclusively distributes original high-quality products. For questions, complaints, or suggestions, the buyer can contact the email address info@edelschwarz.it. To ensure prompt processing, the buyer should describe the problem in as much detail as possible and, if available, provide order documents or order number and customer number.
9.2. In the event of defects in the conformity of the goods, the statutory warranty provisions according to Legislative Decree No. 206 of September 6, 2005, apply.
9.3. The warranty applies only to the products mentioned in Legislative Decree No. 206 of September 6, 2005.
- 10. Buyer's Obligations
10.1. The buyer undertakes to pay the purchase price for the ordered goods within the period specified in the contract and in the manner specified in the contract.
10.2. After completing the ordering process, the buyer must print out or save and keep these general terms and conditions as well as the product specifications of the ordered product to comply with the requirements of Legislative Decree No. 206 of September 6, 2005.
10.3. The buyer is prohibited from providing false or fictitious data during registration. He must provide his own correct and true information and bears full responsibility for the accuracy of the information provided in the registration form.
10.4. The buyer indemnifies the seller from any liability for the issuance of false tax documents arising from incorrect information provided by the buyer, who is solely responsible for the correct data entry.
10.5. When purchasing alcoholic products, the buyer expressly confirms that he has reached the legal minimum age of 18 and that the data transmitted for contract execution corresponds to the truth.
- 11. Right of Withdrawal according to Legislative Decree No. 206/2005
11.1. The right of withdrawal applies only to the products mentioned in Legislative Decree No. 206 of September 6, 2005.
11.2. For products where the right of withdrawal is not excluded, the buyer can revoke the concluded contract within 14 days of receiving the goods without incurring penalties and without stating reasons. The revocation must be addressed to ALMvollgas vGmbH, Obertall 19, 39017 Schenna (BZ), email: info@edelschwarz.it, Tel.: +39 3440539195.
11.3. The buyer must inform the seller of his decision to withdraw from the contract by means of a clear statement (e.g., letter or email). He can use the model withdrawal form according to Annex I, Section B of Legislative Decree No. 21/2014, but this is not mandatory.
11.4. To meet the withdrawal deadline, it is sufficient for the buyer to send the notification of exercising the right of withdrawal before the withdrawal period expires. The buyer bears the burden of proof for the proper exercise of the right of withdrawal.
11.5. The return of the goods must be made immediately and in any case no later than 14 days from the day on which the buyer informed the seller of his decision to withdraw from the contract. The buyer is liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
11.6. In cases expressly provided for in Article 59 of Legislative Decree No. 206/2005, the buyer cannot exercise the right of withdrawal.
11.7. When exercising the right of withdrawal, the buyer bears the direct costs of returning the goods to the seller.
11.8. The buyer who properly exercises his right of withdrawal will be refunded all payments already made, including delivery costs, except for additional costs resulting from the buyer's explicit choice of a delivery method other than the standard delivery offered by the seller. The refund will be made without undue delay and no later than 14 days from the date on which the seller was informed of the buyer's decision to exercise the right of withdrawal. The same means of payment used by the buyer in the original transaction will be used for the refund, unless expressly agreed otherwise. The seller may withhold the refund until he has received the goods back or until the buyer has provided proof that he has returned the goods, whichever is earlier, unless the seller has offered to collect the goods himself.
11.9. Upon receipt of the notification of exercising the right of withdrawal, the contractual parties are released from their respective obligations, without prejudice to the provisions of this article.
- 12. Express Termination Clause
12.1. The obligations provided for the buyer in Article 9 are essential to this contract. Therefore, it is expressly agreed that the non-fulfillment of even one of these obligations - unless it is attributable to chance or force majeure - shall result in the termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for a court judgment.
- 13. Communications
13.1. Unless expressly stated otherwise or required by law, communications between Seller and Buyer shall preferably be made via email to their respective email addresses. Both contracting parties acknowledge these means of communication as valid and cannot object to them in court solely because they are electronic documents.
13.2. Written communications to the Seller and any complaints shall be valid only if sent to the address of ALMvollgas vGmbH, Obertall 19, 39017 Schenna (BZ), VAT No. 03000560213, Email: info@edelschwarz.it, Tel.: +393440539195.
13.3. Both contracting parties may change their email address for the purposes mentioned in this article at any time, provided they promptly notify the other contracting party.
- 14. Processing of Personal Data
14.1. In accordance with EU Regulation No. 679/2016 (GDPR), we inform you that the data controller is the company ALMvollgas vGmbH.
14.2. The personal data provided by you will be processed and stored both in paper and electronic form. The processing of this data is for the following purposes and may be forwarded to external processors (such as tax consultants, auditors, courier services, etc.): for order management, product delivery, and fulfillment of all related obligations.
14.3. The data will be retained for the period necessary to provide the requested services and in accordance with civil and tax regulations.
14.4. Data transmission to third countries outside the EU does not occur.
14.5. In accordance with Article 15 of the GDPR, you have the right to obtain information about your data, request its deletion, correction, updating, supplementation, and revocation.
14.6. The data controller does not use automated decision-making processes.
14.7. The detailed privacy policy regarding the processing of personal data is available on the website.
- 15. Jurisdiction
15.1. In the event of disputes arising from or related to this contract, the contracting parties shall endeavor to find a fair and amicable solution.
15.2. If a dispute cannot be settled amicably, it shall be submitted to the court in whose jurisdiction the Buyer has their domicile, if located within Italian territory, according to Article 66-bis of Legislative Decree No. 206/05. If the customer is from another EU member state, the dispute shall be heard before a court of the member state in whose territory this contracting party has its registered office or domicile, or before the court of the place where the consumer has their domicile.
- 16. Applicable Law and Legal Reference
16.1. This contract is governed by Italian law. In the case of a sales contract between a customer from another EU member state and the Seller, this does not exclude the application of the law of the EU member state in which the Buyer has their domicile, provided it offers the consumer broader protection.
16.2. Unless expressly stated otherwise, the legal provisions applicable to the business relationships and cases provided for in this contract shall apply, as well as the provisions of the Italian Civil Code and Legislative Decree No. 206 of September 6, 2005 (Consumer Code).
- 17. Online Dispute Resolution
17.1. In accordance with EU Regulation No. 524/2013, the Buyer is informed that in the event of a dispute, they can submit a complaint via the Online Dispute Resolution platform (ODR platform) of the European Union, accessible at the following link: [Link]. The ODR platform is a point of entry for consumers seeking extrajudicial resolution of disputes arising from online sales contracts or online service contracts. The email address of ALMvollgas vGmbH is: info@edelschwarz.it.
Please note that for some industries and in some countries, there are currently (as of 02.10.2020) 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. Further information can be found on the EU online portal. While we are not obligated to participate in a consumer arbitration procedure, we are generally willing to do so.
17.2. In the event of complaints arising from consumer disputes related to this contract concerning the online sale of goods between ALMvollgas vGmbH and a consumer, if there has been prior direct contact with ALMvollgas vGmbH to resolve the complaint, we guarantee our participation in the alternative dispute resolution procedure at the ADR body "Onlineschlichter.it":
Zwölfmalgreiner Str. 2, 39100 Bozen (BZ)
Tel.: 0471-975597 Fax: 0471-979914
Complaints to Onlineschlichter.it can be submitted via the website www.onlineschlichter.it. The complaint can also be submitted via the ODR platform of the European Commission at http://ec.europa.eu/odr.
Email: info@onlineschlichter.it
Website: www.onlineschlichter.it
- 18. Final Provisions
18.1. This contract cancels and replaces all previous written and oral agreements, arrangements, and negotiations between the contracting parties regarding the same subject matter of this contract.
18.2. The invalidity of any provision shall not affect the validity of the contract as a whole.
18.3. These General Terms and Conditions have been drafted in Italian and German. The contracting parties agree that in case of difficulties in interpretation, the Italian text shall be considered authentic and valid.
Lana, 31/05/2024