GENERAL TERMS AND CONDITIONS
1. SCOPE OF APPLICATION
1.1 These general terms and conditions (hereinafter referred to as "GTC") of Hebofrut GMBH, with legal domicile in I-39011 Lana (BZ), Maria-Hilf-Straße, No. 12, registered with the Chamber of Commerce of Bolzano under number 02621770219, apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "buyer") concludes with Hebofrut GmbH with regard to the goods displayed by the latter on the website www.steve-phills.com.
2.1 The term "online sales contract" means the contract for the sale of products by the Seller; this contract is concluded between the Seller and the Buyer within the framework of a distance sales system organized by the Seller using means of distance communication.
2.2 For the purposes of these GTC, a consumer is any natural person who concludes a legal transaction for purposes which are predominantly not related to his commercial or self-employed professional activity. An entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
3.SUBJECT MATTER OF THE CONTRACT
3.1 With the present contract, the Seller sells or the Buyer purchases, within the framework of the distance sales system organized by means of distance communication, the products listed and offered for sale on the website www.steve-phills.com.
3.2 The Products offered for sale are presented on the website www.steve-phills.com with the relevant product descriptions. The image in the product description may not faithfully reproduce the product characteristics; it may differ in color and size, as well as in accessories and labels.
4. PURCHASE AND CONCLUSION OF CONTRACT
4.1 The presentation of the products in the online shop is not a legally binding offer, but only a non-binding online catalogue.
4.2 By filling out the application form (order form) on the website and the online delivery for purchase, the buyer places a binding order for the goods contained in the shopping basket. By placing an order, the Customer declares that he has viewed all the information provided during the ordering process and expressly confirms that he has read and understood the General Terms and Conditions of Business, including those set out in art. 1341 et seq. of the Italian Code Civil, which are considered to be abusive, in their entirety.
4.3 As soon as the Seller receives the order from the Buyer, the Seller will send an e-mail confirmation to the Buyer with a summary of the order data, which can be printed out and which also includes the data referred to in point 4.2.
4.4 The Contract between the parties shall not be deemed concluded and effective until the conditions set out in clause 4.3 are fulfilled or the order confirmation is sent to the Buyer.
4.5 The Seller reserves the right to withdraw from the Contract in exceptional cases (e.g. if the goods are not available). In this case, the Buyer will be informed immediately and, if possible, alternatives will be proposed to the Buyer.
4.6 The agreement is deemed to have been concluded at the place where the seller has its registered office.
5. TERMS OF PAYMENT
5.1 Payments can only be made using the following means of payment: Bank transfer, online with credit card and Paypal.
a) Bank transfer to Hebofrut GMBH I-39011 Lana (BZ), Raiffeisenkasse Lana bank account: IBAN: IT22A0811558490000301366076. If this method of payment is selected, the corresponding payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
b) PayPal: The amount will be deducted from the credit card balance available to the buyer at the time of order confirmation and will be debited as soon as the order is dispatched. Please note that during the payment process PayPal may require the entry of a PIN or password at the time of payment. If the buyer does not know this PIN or password, he should contact his bank.
c) Credit Card: The amount will be deducted from the credit card balance available to the Client at the time of confirmation of the order and will be debited as soon as the order is dispatched. Please note that during the payment process via Visa, Mastercard, the bank in charge may require the Client to enter a PIN or password at the time of payment. If the buyer does not know this PIN or password, he should contact his bank.
6. DELIVERY PERIODS AND CONDITIONS
6.1 Modalities, times and shipping costs for orders: The goods will be dispatched by courier service after receipt of payment for the ordered goods. The delivery times vary depending on the destination. The shipping costs depend on the size and weight of the goods. For deliveries within the EU, the shipping costs are always calculated and indicated when the online order is entered. For deliveries to all other non-EU countries the shipping costs will be announced on request.
6.2 The goods will be checked before dispatch and handed over to the courier service without errors. The Buyer may cancel an order by notifying the Seller of this intention before the goods are dispatched or handed over to the courier service. The Seller is not liable for any damage and is not obliged to replace or repair the goods if the damage is not reported at the time of receipt of the goods. For this purpose, the complaint must be noted on the courier's delivery note (copy that remains with the courier) with the following wording - "Merce danneggiata, accetto con riserva di controllo, pacco integro accetto con riserva; o similari che evidenziano danni o presunti danni - Damaged goods, goods receipt subject to subsequent inspection; package undamaged, goods receipt subject to reservation" - in order to indicate in this way or with similar indications actual or possible damages. The complaint must be recorded immediately vis-à-vis the messenger and reported to the seller's e-mail address info_at_steve-phills.com and to the courier company's registered office in the area concerned.
6.3 The Seller shall not be liable for non-delivery of the goods to the address provided by the Buyer if the relevant address details are incomplete. Any returns of undeliverable goods will be charged to the addressee. The Seller shall not be liable for the delay or non-delivery in the event that the Buyer provides inaccurate address details and shall be entitled to cancel the Agreement in whole or in part or to suspend or postpone the execution of the Agreement.
6.4 If, within 15 days of the return of the goods, the Buyer fails to reimburse the shipping costs due to non-delivery, the amount of which will be communicated to him by e-mail, the Seller may take legal action against the Buyer.
6.5 Orders placed via the Internet have the same legal effects as those placed in paper form, signed by the Buyer in person.
7.1 All sales prices for the products exhibited and presented on the website are stated in euros.
7.2 The sales prices stated under 7.1 are inclusive of the value-added tax applicable at the time of the order, including all other taxes prescribed by law.
7.3 The Seller reserves the right to change prices without prior notice.
7.4 If a price is stated that is clearly and obviously incorrect and deviates from the normal sales price, the order may be cancelled by both the Seller and the Buyer.
7.5 If Products are delivered outside the EU, duties or taxes may be levied on the Products once they have been accepted at their destination. Any charges for customs clearance of the Products and any other taxes levied will be payable by the Buyer. The Buyer shall be deemed to be the importer of the Products and shall accordingly be obliged to comply with the relevant national rules and regulations of the country to which the Products are delivered.
8. LIMITATION OF LIABILITY
8.1 The seller is not liable for failure to deliver due to force majeure if an order cannot be executed within the period stipulated in the contract.
8.2 Except in cases of intent or gross negligence, the Seller cannot be held liable to the Buyer for any functional errors or failures in connection with the use of the Internet that are beyond its control.
8.3 Furthermore, the Seller shall not be liable for any damage, loss or costs incurred by the Buyer as a result of failure to perform the Agreement for reasons for which the Seller cannot be held responsible; the Buyer shall only be entitled to a refund of the full purchase price and any additional costs paid.
8.4 The Seller shall not be liable for any fraudulent and unlawful use of credit cards, cheques and other means of payment by third parties during the payment process for the goods ordered, if the Seller can prove that all precautionary measures have been taken in accordance with the current state of the art and reasonable care.
9. RIGHT OF WITHDRAWAL WITHIN THE MEANING OF THE LEGISLATIVE DECREE NO. 206/2005
9.1 Consumers are subject to the rigt of withdrawal provided for in the Legislative Decree no. 206/2005.
9.2 The buyer has the right to withdraw from the contract free of charge and without giving reasons within 10 (ten) working days; the ten-day period begins when the goods arrive at the consumer.
9.3 If the Buyer exercises the right of withdrawal, he must notify the Seller of this by means of an e-mail message to the address info_at_steve-phills.com. The buyer will receive a corresponding confirmation from the seller, also by e-mail.
9.4 In any event, the return of the goods must take place within 20 (twenty) days of receipt of the goods by the Buyer. In order to be entitled to a refund of the full purchase price, the goods must be returned undamaged and in normal resalable condition.
9.5 The only costs that the consumer has to bear in case of withdrawal according to this article are the costs of returning the goods to the seller. This is provided that the goods are intact.
9.6 The Seller will refund the full amount paid by the Buyer within one working week from the receipt of the returned goods.
9.7 Upon receipt of the Buyer's notice of withdrawal from the Contract, the parties to the present Contract shall be released from their mutual obligations, with the exception of the obligations mentioned in the above points of this Article.
9.8 Personalized products are excluded from exchange.
10.1 In all EU countries, new goods are subject to a warranty deed of 24 (twenty-four) months on material and manufacturing defects. The warranty shall expire in the case of resale.
11. EXPRESS REASONS FOR CANCELLATION
11.1 The obligations foreseen for the Buyer in Article 4.2 and the guarantee of successful receipt of payment, whereby the Buyer must make payment by the means provided for in Article 5, are essential to this Contract. It is therefore expressly agreed that the non-fulfilment of any of these obligations will lead to the immediate cancellation of the contract in accordance with art. 1456 of the Italian Civil Code. ZGB, without the need for a court judgment.
12. DATA PROTECTION AND DATA PROCESSING
12.1 The Buyer's personal data will be stored and processed to the extent necessary for the use of the service, the management of the customer relationship and for the invoicing of the amounts owed by the Buyer.
12.2 The Buyer confirms that he/she has taken note of the information provided in accordance with art. 13 of Legislative Decree no. 196/03 and hereby gives his/her consent to the above-mentioned processing and communication of data in accordance with Regulation (EU) no. 2016/679 (GDPR) and the Privacy Code Legislative Decree196/2003. The rights according to art. 7 of the Privacy Code 196/03 can be exercised by the buyer at any time.
12.3 The data collected by the Seller could be used for the sending of advertising and other communications, including by e-mail. Furthermore, these data may be communicated to third parties for the compilation of statistics or for the sending of advertising material.
12.4 Please note that the website accessed by the Buyer uses a retargeting system. This uses so-called cookies (small text files that are stored on your computer by the web browser) in order to collect anonymous user profiles and thus make it possible to use targeted advertising on the website of our partners or via advertisements on their sites. The cookie cannot be used to identify individuals, but only to store information that allows anonymized information to be used for targeted compilation of interest-based marketing campaigns. By using our offers, the buyer explicitly agrees to the processing of the collected data in the manner described here and for the aforementioned purpose. The buyer agrees to the use of so-called cookies and thus to the collection, storage and use of his usage data. Furthermore, the latter agrees that his data may be stored in cookies beyond the end of the browser session and, for example,be accessed again during the next visit of the website.
13. NOTIFICATIONS AND COMPLAINTS
13.1 Written communications to the seller and any complaints are only valid if they are sent to the following postal address - Hebofrut GMBH, I-39011 Lana (BZ), Maria-Hilf-Strasse, No. 12 in or by certified e-mail (PEC) to the address hebofrut_at_pec.rolmail.net.
14. PLACE OF PERFORMANCE
14.1 The place of performance of the services specified in the contract is I-39025 Naturns (BZ).
15. JURISDICTION AND APPLICABLE LAW
15.1 It is informed that the European Commission has developed an Online Dispute Resolution (ODR) platform to enable out-of-court settlement of disputes between sellers and consumers. The ODR platform is available at the following link https://webgate.ec.europa.eu/odr. This platform allows consumers to lodge a complaint regarding a purchase contract concluded online. The relevant website contains all the necessary information on how to lodge a complaint.
15.2If any dispute has not been resolved out-of-court, the place of jurisdiction shall be the Seller's registered office
15.3 The contractual relations between the contracting parties shall be governed exclusively by Italian law, to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods.
16. SEVERABILITY CLAUSE
16.1 Should individual provisions of this contract be invalid, the validity of the remaining provisions of the GTC shall remain unaffected and shall be replaced by a wording corresponding to the meaning of the contract or by the Italian law.
17.1 The entire content of the website www.steve-phills.com is the complete property of Hebofrut GmbH and is therefore protected by copyright. All rights reserved.
18. FINAL PROVISIONS
18.1 All additions, amendments and ancillary agreements must be made in writing in order to be valid.
18.2 This Agreement cancels and replaces all previous agreements, arrangements, understandings of the parties regarding the subject matter of the Agreement. The Buyer declares, in accordance with article 1341 of the Civil Code et. seq., that it has read and understood the provisions of points 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 and hereby expressly accepts them.