drawn up by Clacson der Elmi GmbH with registered offices in I-39052 Kaltern, Handwerkerzone 25, VAT Number 01464840212, e-mail: [email protected], Tel: +39 0471 961002, Fax +39 0471 962374, in the person of said company’s legal representative, Othmar Vorhauser (hereinafter referred to as the Seller);
• the Seller manages the website www.myclacson.com (hereinafter referred to as the "Site");
• said Site is designed to handle primarily commercial transactions between the business operator and the consumer (B2C);
• the expression "General Conditions of Online Sale" refers to the trading Agreement relative to the Seller’s consumer goods as stipulated between the latter and the Purchaser within the framework of a distance sales system organized by the Seller;
• the trademark and corporate logo relative to the Site are the exclusive property of the Seller;
• these Conditions of Sale shall govern online sales transactions between Clacson der Elmi GmbH and the Purchaser, who expressly declares that the purchases are not effected in relation to his or her commercial or professional activities (if any);
• this premise shall be considered an integral and substantial part of the Agreement.
The Parties stipulate as follows:
1. Object of the Agreement
1.1 These General Conditions, which are made available to the Purchaser for printing and conservation pursuant to and in accordance with article 12 of Legislative Decree no. 70 dated 9 April, 2003, are applicable to the purchase of products, effected remotely and using electronic means, via the internet Site owned by the Seller, whose registered offices are in I-39052 Kaltern, Handwerkerzone 25, VAT number 01464840212, e-mail: [email protected], Tel: +39 0471 961002, Fax +39 0471 962374.
1.2 Under the terms of this Agreement, the Seller shall sell and the Purchaser shall remotely purchase the products indicated and offered for sale on the Seller’s Site.
1.3 The main characteristics of the products referred to in the preceding clause are illustrated in the Seller’s Site. The images relative to a given product may not be entirely representative of that product’s characteristics.
1.4 The Seller undertakes to supply the products selected – subject to their availability – in exchange for payment of an amount as specified in article 3 of this Agreement.
2. Acceptance of the Conditions of Sale
2.1 All purchase orders shall be forwarded by the Purchaser to the Seller by completing the purchasing procedure indicated on the Site.
2.2 These General Conditions of Sale must be examined online by the Purchaser before completing the purchasing procedure. The transmission of the purchase order by the Purchaser, therefore, shall imply that the Purchaser is fully aware of and fully accepts said General Conditions of Sale.
2.3 The Purchaser, by forwarding confirmation of her/his purchase order via the Site, unconditionally accepts and undertakes to comply, in dealings with the Seller, with the General Conditions and the conditions of payment described below, and confirms that she/he has examined and accepts all the indications provided by the Seller in accordance with the norms referred to above, also acknowledging that the Seller shall not be bound by any other conditions unless so agreed in advance in writing.
3. Method of purchase and sale price
3.1 The products and the sale prices shown on the Site are expressed in Euro and shall in all cases be considered as purely indicative and subject to express confirmation via e-mail by the Seller, which shall constitute acceptance of the purchase order. When the Purchaser places an order to purchase a product on the Site, the Seller will send an e-mail confirming receipt of the Purchaser’s order and containing the details of the Purchaser’s order ("Order Confirmation") to the Purchaser. The Order Confirmation is an acknowledgement that the Seller has received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. The Seller only accepts the Purchaser’s offer, and concludes the contract of sale for a product ordered by the Purchaser, when the Seller dispatches the product to the Purchaser and sends e-mail confirmation to the Purchaser that the Seller has dispatched the product to you ("Dispatch Confirmation").
3.2 The prices of the products as published on the home page or in the various sections of the Site are inclusive of Value-Added Tax and all other duties and/or taxes, with the exception of any local levies and/or duties which, since these cannot be paid in advance by the Seller, shall be paid by the Purchaser. Deliveries will be effected to the countries indicated in the home page of the Site www.myclacson.com, which also specifies the shipping cost for each country. The total cost of the shipment to the domicile of the Purchaser shall be paid by the latter, except in the case of any exceptions and waivers which might be posted specially on the Site and/or communicated via e-mail. In all cases, the cost shall be communicated to the Purchaser prior to confirmation of the purchase order.
3.3 Reception of an order shall not obligate the Seller until the latter shall have expressly accepted the order by e-mail. The Seller shall, after verifying the availability of the product selected, formally confirm and accept the order by e-mail with the subject line “Dispatch Confirmation” or “Order ready for collection” (in case “Pick up at Clacson Bozen” has been chosen as shipping method).
3.4 The Purchaser expressly confers upon the Seller the faculty of accepting the Purchaser’s order only partially (if, for example, not all the products ordered are available). In this case, the Agreement shall be considered as being valid only for the goods effectively sold.
4. Finalization of the Agreement
4.1 The Agreement stipulated via the Site shall be deemed finalized at the moment in which the Purchaser receives, via e-mail, formal confirmation of the order, with which the Seller accepts the order transmitted by the Purchaser and informs the latter that the order can be fulfilled. The Agreement shall be deemed as being finalized in the place in which the registered offices of the Seller are located.
5. Method of payment
5.1 All payments effected by the Purchaser must be made exclusively using one of the following methods: payment in cash or using a Bancomat card; advance payment by bank transfer; online payment by credit card; payment by PayPal.
6. Method of delivery
6.1 The products selected and ordered as described in the preceding clauses may be collected personally from the Seller’s boutique, as selected by the Purchaser, without any extra costs for the latter; alternatively, the goods may be delivered by the Seller, by reliable couriers and/or shippers, to the address indicated by the Purchaser. Deliveries within the member countries of the European Union shall – depending on the article and the place of delivery – take place approximately 3 (three) to 7 (seven) working days following the date of payment, unless otherwise specified in the appropriate section (“Delivery”) of the Site. Deliveries to non-EU countries shall – depending on the article and the place of delivery – take place approximately 3 (three) to 7 (seven) working days following the date of payment, unless otherwise specified in the appropriate section (“Delivery”) of the Site. If the Seller is unable to dispatch the goods within said periods, but is able to do so within 30 days following the finalization of the Agreement, the Purchaser shall be advised promptly by e-mail of such occurrence.In all cases, the goods will be dispatched only upon receipt of payment for the same, and therefore the delivery period shall commence from such date.
6.2 The Purchaser shall receive an e-mail indicating an identification number for the shipment, which can thus be traced at any moment.
6.3 If the Purchaser is absent, a notice will be left specifying the procedure necessary to contact the courier and/or shipper in order to agree the method of delivery.
6.4 The Seller accepts no liability for any delays or non-deliveries resulting from the incorrect or incomplete indication of the delivery address by the Purchaser.
6.5 On receiving the goods, the Purchaser must check that the product delivered corresponds to the order, and that the packaging is undamaged. Without prejudice to the right of withdrawal described in article 10 of these conditions, the Purchaser must sign the delivery documents only after said checks have been carried out, since all shipments are insured against theft and damage.The right of withdrawal shall not be applicable if the goods sold have been custom made for the Purchaser.
7. Limits of liability
7.1 The Seller accepts no liability for any delays or non-deliveries attributable to events of force majeure, such as accidents, explosions, fires, strikes and/or lock-outs, earthquakes, floods or any similar events which might, in whole or in part, prevent the fulfilment of the Agreement by the agreed date.
7.2 The Seller shall not be held liable by the Purchaser – except in the case of wilful misconduct or gross negligence – for any inefficiency or malfunctions connected to the use of the internet that are beyond the control of the Seller.
7.3 The Seller accepts no liability in respect of any person or third party for damages, losses and costs sustained as a consequence of the non-fulfilment of this Agreement for the causes specified above; the Purchaser shall be entitled only to the reimbursement of any amounts paid.
7.4 The Seller accepts no liability in the event of the fraudulent and illicit use by third parties of the credit cards, cheques and other means of payment at the moment of payment for the products purchased, if it is demonstrated that every possible precaution has been taken on the basis of the latest science and experience and that due diligence has been applied.
8. Warranty and customer service procedures
8.1 The Seller markets exclusively original products of the highest quality. For any queries, complaints or suggestions, the Purchaser may contact the Seller using the latter’s e-mail address ([email protected]) or by telephone (telephone number +39 0471 961002, office hours Monday through Friday, 9 AM to 12 noon and 2 PM to 6 PM). In order to ensure a prompt response to such queries, complaints or suggestions, the Purchaser must give a full and clear description of the problem, if necessary enclosing the order documents, and indicate the order number, customer number etc.
8.2 In the event of non-compliance, the norms laid down in Legislative Decree no. 206 dated 6 September, 2005 shall be applicable. The Seller shall thus be liable to the Purchaser, for a period of two years from the delivery of the goods, for any defects or non-compliance existing at the moment of delivery. Any defects must be reported within two months of their discovery; if this is not the case, the Purchaser may no longer claim rights under the warranty.
8.3 The warranty shall be applicable exclusively to the products indicated in Legislative Decree no. 206 dated 6 September, 2005.
9. Obligations of the Purchaser
9.1 The Purchaser undertakes to pay the purchase price of the product within the period and in the manner indicated in these General Conditions.
9.2 The Purchaser undertakes, once the purchase procedure has been completed, to print and conserve these General Conditions – which the Purchaser shall have previously examined and accepted as an obligatory step in the purchase procedure – as well as the specifications for the product purchased, in order to comply fully with the requirements of Legislative Decree no. 206 dated 6 September, 2005.
9.3 The Purchaser is strictly prohibited from entering false and/or invented and/or fictitious data during the registration procedure using the corresponding digital form; the personal details and e-mail entered must correspond to the Purchaser’s actual personal details, and not those of a third party nor of a fictitious person. The Purchaser therefore accepts full liability for the accuracy and veracity of the data entered into the digital registration form in order to complete the product purchase procedure.
9.4 The Purchaser shall hold the Seller indemnified in relation to any liability deriving from the issue of incorrect fiscal documents as a result of errors in the data provided by the Seller, since it is the latter who is exclusively responsible for their correct insertion.
10. Right of withdrawal pursuant to Legislative Decree 206/2005 and exchange of goods
10.1 The right of withdrawal shall be applicable exclusively to the products described in Legislative Decree no. 206 dated 6 September, 2005.
10.2 The Purchaser shall be entitled to withdraw from the Agreement, without any penalty and without specifying any motive, within 14 (fourteen) days commencing from the date of receipt of the purchased product.
10.3 If the Purchaser should opt to exercise the right of withdrawal, she or he must advise the Seller using the withdrawal form shown in schedule B of Legislative Decree no. 21/2014 or submitting any other different declaration expressing her/his decision to withdraw from the Agreement. The burden of proof relative to the exercising of the right of withdrawal, in accordance with this article, rests with the Purchaser.
10.4 The goods must be returned without undue delay and in any case within 14 (fourteen) days from the date on which the Purchaser advises the Seller of her/his decision to withdraw from the Agreement. In all cases, the Purchaser shall be entitled to receive reimbursement in full of the amount paid only if the product is returned intact or in a condition compatible with the necessary verification of the product in order to ascertain its nature, characteristics and correct operation.
10.5 The Purchaser may not exercise the right of withdrawal in the case of purchase Agreements for products which are custom-made or clearly customized or, due to their very nature, cannot be returned or are susceptible to rapid deterioration.
10.6 The Purchaser who exercises her/his right of withdrawal under the terms of this article shall be required to pay the transport costs of returning the product to the Seller. The Seller shall not be held liable for damages or theft/loss of the returned product. At no time shall “cash on delivery” shipments be accepted to return products to the Seller.
10.7 The Purchaser who has exercised her/his right of withdrawal as described herein shall receive reimbursement of the amounts already paid, with the exception of any supplementary costs relating to methods of delivery expressly selected by the Purchaser and other than the more economical method of delivery offered by the Seller. Said amounts shall be reimbursed without undue delay, and in any case not later than 14 days from the day on which the Seller has been informed of the Purchaser’s decision to withdraw from the Agreement, and after the Seller shall have received the products via a reliable courier, and on condition that the products have not been washed or worn, and that they bear the original seal and labels; if this is not the case, it will not be possible to reimburse to the Purchaser the amount paid for the products.
10.8 In order to exercise her/his right of withdrawal, the Purchaser must send an e-mail to [email protected] indicating the product code as well as the order ID number and upon request further details of the order.
10.9 On receipt of the advice in which the Purchaser informs the Seller of her/his exercising the right of withdrawal, the Parties hereto are released from their reciprocal obligations, without prejudice to the content of this article.
10.10 The Purchaser shall also retain the right to change the size or the colour of the product ordered, within 14 (fourteen) days from receipt of the same, on condition that the product has not been washed or worn, and that it bears the original seal and labels as well as any other accessory or item contained in the original package.
11.1 Unless otherwise expressly indicated, or required by current Legislation, all correspondence between the Seller and the Purchaser shall take place, for preference, in the form of e-mail messages to be sent to their respective e-mail addresses, which shall be considered by both Parties as being a valid method of communication, and whose production in legal proceedings cannot be contested simply because these are digitally-generated documents.
11.2 Written correspondence addressed to the Seller, as well as any claims, shall be considered valid only if sent to the following address: Clacson der Elmi GmbH, 39052 Kaltern, Handwerkerzone 25, or by e-mail to the following e-mail address: [email protected]
11.3 Either Party may at any time change its e-mail address for the purposes of this article, though subject to prompt advice to the other Party in the manner specified in the previous paragraph.
12. Processing of personal data
The rights specified in the norms governing privacy, as well as the Seller’s obligations concerning the provision of data, are examined online prior to the completion of the purchase procedure. The submittal of the order confirmation therefore implies full knowledge of such rights and obligations.
12.2 The Seller shall safeguard the confidentiality of the customers and guarantee that the processing of her/his personal details is in full compliance with the requirements of the privacy norms laid down in Legislative Decree no. 196 dated 30 June 2003.
12.3 The personal and fiscal data acquired, whether directly and/or through third parties, by the Seller, being the person responsible for its processing, shall be collected and processed in printed, digital or telematic form according to the method of processing, with the purpose of registering the order and implementing the procedures for the execution of this Agreement and the necessary communications relating to the same, as well as ensuring compliance with the requirements of current legislation, and to facilitate more efficient handling of the commercial relationships to the extent necessary to provide the best possible service (article 24, section 1, paragraph b of Legislative Decree no. 196/2003).
12.4 The Seller undertakes to treat the data provided by the Purchaser as strictly confidential and to refrain from revealing such data to unauthorized persons, and from using it for purposes other than those for which it has been acquired, and from transmitting it to third parties. Such data may be exhibited exclusively if requested by the judicial authorities or by other authorities duly authorized by the law.
12.5 The personal data shall be communicated, subject to the prior signing of an undertaking concerning its confidentiality, only to persons engaged in the fulfilment of the activities that are necessary for the execution of the Agreement, and communicated exclusively for said purposes.
12.6 The Purchaser shall enjoy the rights specified in article 7 of Legislative Decree no. 196/2003, in other words:
12.7 Communication of personal data by the Purchaser is a necessary condition for the correct and prompt execution of this Agreement. If said data is not provided, the Purchaser’s purchase requests cannot be fulfilled.
12.8 In all cases, the data acquired shall be conserved for a period of time not exceeding that necessary for the purposes for which the data was acquired or subsequently processed. Removal of the data shall be effected in a secure manner.
12.9 The person responsible for the acquisition and processing of said personal data is the Seller, to whom the Purchaser may address any requests c/o the company’s registered offices.
13.1 In the event of disputes arising from or connected with this Agreement, the Parties undertake to seek an amicable and equitable settlement.
13.2 In the event that the dispute cannot be settled in an amicable fashion, or in any case within six months of the date of its commencement, the dispute shall be brought before the Court which has jurisdiction in the district in which the Purchaser is domiciled, as laid down in Legislative Decree no. 206/05; in the event that the Purchaser is not the effective end user, it is agreed that any disputes, where appropriate waiving the norms relative to jurisdiction, shall be settled exclusively before the Court of Bolzano.
14. Applicable Law – References
14.1 This Agreement shall be governed by the Laws of the Republic of Italy.
14.2 For all matters not expressly referred to herein, the laws governing commercial dealings and the specific cases specified in this Agreement, as well as the norms contained in the [Italian] Civil Code and Legislative Decree no. 206 dated 6 September 2005 (Consumer Code), shall be applicable.
15. Final Clauses
15.1 This Agreement annuls and cancels every previous Agreement, understanding, negotiation, whether written or oral, between the Parties and relating to the matters described in this Agreement.
15.2 The invalidity of any of the clauses of this Agreement shall not compromise the validity of the Agreement as a whole.
15.3 These General Conditions of Sale have been drawn up in the Italian, German and English languages. In case of any difficulties concerning its interpretation, the Parties agree that the version drawn up in German language shall be valid and effective.