§ 1 Scope of application
(1) These General Terms and Conditions of Sale apply to all contracts concluded via our online shop between us, the
and you as our customer (hereinafter: "Customer").
The General Terms and Conditions shall apply irrespective of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract arise in particular from these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.
(3) The version of the General Terms and Conditions valid at the time of conclusion of the contract shall apply.
(4) We shall not accept any deviating terms and conditions of the Customer. This shall also apply even if we do not expressly object to the inclusion.
§ 2 Conclusion of contract
(1) The presentation and advertising of items in our online shop do not constitute a binding offer to conclude a purchase contract.
(2) By clicking on the button "Order subject to payment" when submitting an order via the online shop, you are placing a legally binding order. Before submitting your order, you can view and change your details (order content, billing/delivery address, payment and shipping method) at any time. Your right to revoke your order, if applicable according to § 3, shall remain unaffected by this.
(3) We will immediately confirm receipt of your order placed via our online shop by email. Such an email shall not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, the acceptance is declared at the same time.
In this email or in a separate email, but at the latest upon delivery of the goods, the text of the contract (consisting of the order, General Terms and Conditions and order confirmation) shall be sent by us to the Customer on a lasting medium (email or paper printout). The text of the contract shall be stored by us in compliance with data protection laws.
(4) A contract shall only be concluded when we accept your order by means of a declaration of acceptance or, at the latest, by delivering the ordered items.
(5) If it is not possible to deliver the goods you have ordered, for example because the goods in question are not in stock, we shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.
(6) The contract shall be concluded in the language you have chosen for the website (German, English, Italian).
§ 3 Right of cancellation
(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of cancellation in accordance with the statutory provisions.
(2) If you, as a consumer, make use of your right of cancellation according to Section 1, you shall bear the regular costs of the return shipment.
(3) In all other respects, the provisions set out in detail in the cancellation instructions shall apply to the right of cancellation.
(4) The right of cancellation does not apply to distance selling contracts:
(a) for the delivery of goods that have been manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or can spoil quickly or whose expiry date would be exceeded,
(b) for the delivery of audio or video recordings or of software, provided that you have unsealed the delivered data carriers.
§ 4 Terms of delivery
(1) We shall be entitled to make partial deliveries insofar as this is reasonable for you.
(2) The delivery period is approximately five (5) working days, unless otherwise stated. It begins with the conclusion of the contract.
§ 5 Prices and shipping costs
(1) All price quotations in our online shop are gross prices including the statutory VAT and do not include shipping costs.
(2) The shipping costs are indicated in our price quotations in our online shop. The price including VAT and applicable shipping costs will also be displayed in the order screen before you submit the order.
(3) If we fulfil your order in accordance with § 4 para. 1 through partial deliveries, you will only incur shipping costs for the first partial delivery. If partial deliveries are made at your request, we shall charge shipping costs for each partial delivery.
(4) If you effectively withdraw your contractual declaration in accordance with § 3, you may, under the statutory conditions, demand reimbursement of costs already paid for shipment to you (costs of delivery) (cf. other consequences of withdrawal § 3 para. 3).
§ 6 Terms of payment, offsetting and right of retention
(1) You can choose to pay the purchase price and shipping costs by EC/Maestro/credit card or by PayPal. In the case of direct debit authorisation or payment by EC/Maestro/credit card or PayPal, we will arrange for your account to be debited when the contract is concluded (§ 2) at the earliest.
(2) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you notify us of defects or assert counterclaims from the same purchase contract.
(3) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract. § 7 Retention of title The delivered goods shall remain our property until the purchase price has been paid in full.
§ 8 Warranty
(1) We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(2) Any seller's warranties given by us for certain items or manufacturer's warranties granted by the manufacturers of certain items shall be in addition to the claims based on material defects or defects of title within the meaning of para. 1. Details of the scope of such warranties are set out in the warranty conditions which may accompany the items.
§9 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of unnecessary expenses.
(2) In other cases, we shall only be liable - insofar as not otherwise regulated in para. 3 - in the event of a breach of a contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you as the Customer may regularly rely (material contractual obligation), and this shall be limited to compensation for the foreseeable and typical damage. In all other cases, our liability shall be excluded subject to the provision in para. 3.
(3) Our liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
§ 10 Copyrights
We have copyrights to all images, films and texts published in our online shop. Use of the images, films and texts is not permitted without our express consent.
§ 11 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in Clause 1.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction shall be the registered office of the seller. In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.
(3) Dispute resolution: The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
§ 12 Closing provision
The contract shall remain binding in its remaining points even if individual points should be legally ineffective. The ineffective points shall be replaced by statutory provisions, if any. However, insofar as this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
Dated: March 2023
Cancellation instructions
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.
To exercise your right of cancellation, you must inform us (Frantoio del Trasimeno SRL, mailing address: Loc. Buttinale 73, 06060 Paciano, Italy, +39 075 830227, info@buttinale73.com) of your decision to cancel this contract by means of a clear declaration (e.g. a letter, fax or email sent by post). You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the withdrawal period.
Consequences of the Withdrawal
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is deemed to have been met if you send off the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
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Sample withdrawal form:
(If you wish to withdraw from the contract, please complete and return this form.)
– To Frantoio del Trasimeno SRL, mailing address: Loc. Buttinale 73, 06060 Paciano, Italy, email address: info@buttinale73.com
– I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of consumer(s) (only in the event of written notification)
– Date
(*) Cross out where not applicable.
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End of the cancellation instructions-