GENERAL TERMS AND CONDITIONS OF ONLINE SALES
Glücklich snc, with registered office in 39057 Appiano, Piazza Municipio 11, VAT no. IT 02803430210, enrolled in the Register of Companies of the Chamber of Commerce of Bolzano/Bozen, VWV registration no. BZ - 206971, e-mail address: info@gluecklich.it, telephone no. 0039 0471 974989, in the person of the legal representative Mr. Christoph Steiner (hereinafter referred to as ‘Seller’);
It is hereby specified that:
- that the Seller manages the website www.gluecklich.it (hereinafter referred to as the ‘Website’)
- that the Website is intended for transactions between businesses and consumers (B2C);
- that the ‘General Terms and Conditions of Online Sale’ refers to the contract of sale of consumer goods entered into between the Seller and the Purchaser within the framework of a distribution system organised by the Seller for distance sales
- that the trademark and logo of the website are the exclusive property of the Seller;
- that these terms and conditions regulate the online sale between Glücklich OHG and the Buyer, who expressly declares that he is making the purchase for purposes not related to his trade, business, craft or profession;
- that these premises are an integral and essential part of the contract;
the following is agreed:
1 Object of the Contract
1.1 The object of these General Terms and Conditions, made available to the Purchaser for reproduction and storage pursuant to Art. 12 of Legislative Decree no. 70 of 9 April 2003, is the purchase of products at a distance and by means of distance communication through the website of the Seller, with registered office in 39057 Appiano, Piazza Municipio 11, VAT no. IT 02803430210, enrolled in the Company Register of the Bolzano Chamber of Commerce, VWV registration no. BZ - 206971, e-mail address: info@gluecklich.it, telephone: 0039 0471 974989;
1.2 With this contract, the Seller sells and the Purchaser purchases at a distance the products listed and offered for sale on the Seller's website.
1.3 The main characteristics of the products are described on the Seller's website. The pictures of the products do not necessarily accurately reflect their characteristics.
1.4 The Seller undertakes to deliver the selected Products - if available - against payment of the relevant amount pursuant to Article 3 of this Contract.
2. Acceptance of terms and conditions
2.1 All orders are placed by the Purchaser with the Seller by completing the specified order procedure.
2.2 These general terms and conditions must be checked ‘online’ by the Buyer before completing the order process. Transmission of the order by the Buyer therefore implies full knowledge of these terms and conditions.
2.3 The Purchaser who transmits confirmation of his order electronically undertakes to accept without reservation the terms and conditions of sale and payment described below and to abide by them in his business dealings with the Seller; he declares that he has read and accepts all the information provided by the Seller in accordance with the above provisions, and also acknowledges that the Seller is not bound by any other terms and conditions unless previously agreed in writing.
2.4 To accept the Terms and Conditions, all sections of the online form must be completed completely and accurately, following the on-screen instructions and finally ticking the ACCEPTANCE OF TERMS AND CONDITIONS and PRIVACY POLICY boxes, resulting in their acceptance.
3 Ordering methods and sales prices
3.1 The prices of the products indicated on the website are expressed in euros. They are always indicative and must be expressly confirmed by e-mail by the seller, who thus accepts the order.
3.2 The prices of the products published on the homepage or in other sections of the site include VAT. Shipping costs, which vary depending on the items ordered and the destination country selected, are always calculated at the time of the online order and are clearly indicated to the purchaser. The total cost of shipping to the purchaser's address is borne by the latter, except for exceptions and variations that will be duly advertised on the site and/or communicated by e-mail. In any case, the costs will be communicated to the Buyer before the order is confirmed.
3.3 Once the desired product has been found in the electronic online catalogue at www.gluecklich.it, the Purchaser can place it in the electronic shopping cart without obligation. The content of the shopping cart can be viewed, changed or removed by the Buyer at any time. After confirming the shopping cart, the purchaser must fill in the request form correctly and completely and give his/her consent to the online purchase. The order 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 has expressly accepted the order by e-mail. After verifying the availability of the ordered product, the seller confirms formal acceptance of the order received with an e-mail containing the essential order data.
3.5 The purchaser expressly grants the seller the right to accept the order only in part (e.g. if not all products ordered are available). In this case, the contract shall be deemed concluded for the goods actually sold.
4 Conclusion of the Contract
4.1 The contract concluded via the website is concluded when the buyer receives formal confirmation of the order by e-mail, whereby the seller accepts the buyer's order and informs the buyer that it can process the order. The contract is concluded at the place of the Seller's legal domicile.
4.2 The Seller informs the Purchaser, pursuant to Article 12 of Legislative Decree 70/2003, that each order received will be filed or stored in digital form on the server/on paper at the Seller's premises in compliance with the criteria of confidentiality and data security.
5 Payment Methods
5.1 Payments by the Purchaser may only be made in the following forms: Payment in cash or by POS terminal, payment by bank transfer or online payment by credit card, payment by Paypal.
a) Payment in cash or by POS terminal: when collecting the goods from the Seller's branch.
b) Payment by bank transfer: payment shall be made to RAIFFEISEN - Cassa Raiffeisen Oltradige
IBAN EN 96 S 08255 58160 00030 00170 86 SWIFT RZSBIT 21048. The goods shall be shipped after confirmation of receipt of payment and in any case within 3 days after receipt of the confirmation e-mail from the seller. In the event of non-payment by the deadline, the order shall be cancelled.
c) Payment by credit card: the following credit cards are accepted: Visa, MasterCard.
d) Payment by Paypal.
e) Payment by instant bank transfer.
6 Methods of delivery
6.1 Without prejudice to the cases of personal collection of the Product directly from the Seller, the latter will deliver to the Purchaser, at the address indicated by the Purchaser, the Products selected and ordered according to the methods described in the previous articles, by means of trusted carriers or couriers. Delivery is possible within the delivery countries listed on the site and, depending on the item and the country of destination, within the period indicated on the Seller's site and in the confirmation e-mail.
If the Seller is unable to deliver within this period, the Buyer will be notified promptly by e-mail. At the Buyer's request and provided the Seller agrees, deliveries to other countries not listed above are also possible. The terms of delivery and payment, as well as all costs incurred - which shall in any case be borne by the Buyer - shall in that case be agreed upon by the parties.
6.2 The Buyer shall be sent an identification number for the goods shipped by means of a confirmation e-mail from the Seller, which shall enable the shipment to be traced at any time.
6.3 If the Buyer is absent at the time of delivery, a note will be left with the information necessary to contact the courier or carrier and confirm the delivery conditions.
6.4 The Seller shall not be liable for delay or non-delivery of the goods in the event of inaccurate or incorrect address data provided by the Buyer.
6.5 Upon receipt of the goods, the Buyer shall ensure that the product delivered corresponds to the order and that the package has been delivered in undamaged condition. Since all deliveries made are insured against theft and damage, the Buyer may sign the delivery documents only after such verification, without prejudice to the right of withdrawal provided for in Article 10 of the Terms and Conditions.
7 Limitation of Liability
7.1 The Seller assumes no liability in the event that 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 that prevent, in whole or in part, the punctual fulfilment of the contract.
7.2 The Purchaser shall not hold the Seller liable for any disservices or interruptions related to the use of the Internet that are beyond the Seller's control, except in the event of the Seller's willful misconduct or gross negligence.
7.3 The Seller shall not be liable to the contractual parties or third parties for damages, losses and costs arising from the non-performance of the contract for the reasons stated above.
7.4 The seller shall not be liable for the fraudulent and unlawful use of credit cards, cheques and other means of payment by third parties when paying for products ordered, if it can prove that it has taken all possible precautions in accordance with the current state of knowledge and experience and with due care.
8 Warranty and Customer Service
8.1 The seller sells only high-quality original products. In the event of questions, complaints or suggestions, the Purchaser can contact info@gluecklich.it or the telephone number +39 0471 974989 (available Monday to Friday, 09.00 to 18.00). To ensure that questions, complaints or suggestions are dealt with quickly, the Buyer shall describe the problem as precisely as possible and, if necessary, send a copy of the order documents or provide the order number, customer number, etc.
8.2 In the event of conformity defects, the provisions of the statutory warranty obligation pursuant to Legislative Decree No. 206 of 6 September 2005 shall apply.
8.3 The guarantee applies only to products covered by Legislative Decree No. 206 of 6 September 2005.
9 Obligations of the Purchaser
9.1 The Purchaser undertakes to pay the purchase price of the goods ordered within the term and in the form indicated in the contract.
9.2 At the end of the order procedure, the Purchaser shall print and keep these general terms and conditions, which he/she has already viewed and compulsorily accepted at the time of placing the order, as well as the specifications of the product ordered, in order to fully comply with the conditions set forth in Legislative Decree No. 206 of 6 September 2005.
9.3 It is strictly forbidden for the Purchaser to enter false and/or fictitious and/or imaginary data when registering via the online form. With regard to personal data and e-mail address, only the real data of the Purchaser may be entered and not those of third parties or fictitious persons. The Buyer therefore assumes full responsibility for the accuracy and truthfulness of the information provided in the registration form to complete the order process.
9.4 The Purchaser releases the Seller from any liability for the issuance of incorrect tax documents due to incorrect information provided by the Purchaser, who is solely responsible for correct data entry.
10 Right of Withdrawal Pursuant to Legislative Decree 206/2005
10.1 The right of withdrawal applies only to products covered by Legislative Decree No. 206 of 6 September 2005.
10.2 For products for which the right of withdrawal is not excluded, the Purchaser may withdraw from the concluded contract without any penalty and without specifying the reason within 14 (fourteen) days from receipt of the ordered goods. Any withdrawal must be addressed to Glücklich snc, with registered office in 39057 Appiano, Piazza Municipio 11, VAT no. IT 02803430210, registered in the Commercial Register of the Bolzano Chamber of Commerce, VWV entry no. BZ - 206971, e-mail address: info@gluecklich.it, telephone no. 0039 0471 974989.
10.3 If the Buyer wishes to make use of the right of withdrawal, he must inform the Seller of his decision to withdraw from the contract by means of a clear statement (e.g. letter sent by post or e-mail). The Buyer may also use the model withdrawal form set out in Annex I, section B of Legislative Decree No. 21/2014, which is not mandatory.
10.4 In order to comply with the withdrawal period, it is sufficient for the Purchaser to send notice of the exercise of the right of withdrawal before the withdrawal period expires. The burden of proof concerning the intention to exercise the right of withdrawal lies with the Purchaser.
10.5 The goods must be returned without delay and in any event no later than 14 (fourteen) days from the date on which the Purchaser informed the Seller of its decision to withdraw from the contract. The Buyer shall be liable for any diminution in the value of the goods resulting from any handling other than that necessary to establish the nature, characteristics and functioning of the goods.
10.6 In the cases expressly provided for in Article 59 of Legislative Decree 206/2005, the Purchaser may not exercise the right of withdrawal.
10.7 If the right of withdrawal is exercised in accordance with the provisions of this Article, the Purchaser shall bear the costs directly related to the return of the goods to the Seller.
10.8 When the right of withdrawal is exercised in accordance with the provisions of this Article, the Purchaser shall personally organise the return transport and bear all costs of the return shipment.
10.9 The Purchaser who exercises his right of withdrawal in accordance with the terms of the contract shall be refunded all amounts already paid, including delivery costs, with the exception of additional costs incurred because the Purchaser has expressly opted for a type of delivery other than the cheapest standard delivery offered by the Seller. The refund shall be made without delay and in any event within 14 days from the date on which the Seller was informed of the Buyer's decision to exercise the right of withdrawal and in any event after the Buyer has shipped the goods via carriers or couriers of his choice. In order to guarantee full reimbursement of the price of the goods to the Buyer, the goods ordered must not be worn for longer than the time required for testing and in any case must not be washed. However, the Seller may refuse to refund the Buyer until it has received the goods or until the Buyer has provided proof of having returned the goods, whichever comes first, unless the Seller has offered to collect the goods directly.
10.10. Upon receipt of the communication by which the Buyer notifies the Seller of the exercise of the right of withdrawal, the Parties shall be released from their respective obligations, subject to the provisions of this article.
10.11. The Seller grants the Buyer the right to change the size or colour of ordered items within 14 days of receipt. The Buyer has this right on condition that the goods have not been worn or washed and that the labels and seals, as well as all accompanying items, accessories and packaging included in the parcel are in their original, undamaged condition.
11 Notifications
11.1 With the exception of the cases expressly mentioned or those stipulated by law, communications between the Seller and the Buyer shall preferably be made by e-mail to their respective e-mail addresses, which are considered by both parties to be a valid means of communication and the use of which cannot be challenged in court solely on the grounds that they are electronic documents.
11.2 Written communications to the Seller and any complaints shall only be valid if they are sent to the address of Glücklich snc, with registered office in 39057 Appiano, Piazza Municipio 11, VAT no. IT 02803430210, registered in the Commercial Register of the Bozen Chamber of Commerce, VWV entry no. BZ - 206971, e-mail address: info@gluecklich.it, telephone no. 0039 0471 974989.
11.3 Either party may change its e-mail address at any time for the purposes of this article, provided that it immediately notifies the other party in the manner set forth in the preceding paragraph.
12 Processing of Personal Data
12.1 The Purchaser expressly declares that he/she has read the information notice pursuant to Article 13 of Legislative Decree No. 196 of 30 June 2003 (Privacy Code) and the ‘Privacy Policy’ of the Site.
The rights provided by the Privacy Policy and the seller's information obligations are verified ‘on line’ before the order is placed. The transmission of the order confirmation therefore presupposes full knowledge thereof.
12.2 The Seller shall protect the privacy of customers and ensure that the processing of data complies with the provisions on the protection of personal data set out in Legislative Decree No. 196 of 30 June 2003.
12.3 The personal and fiscal data acquired by the Seller in its capacity as data controller, directly and/or through third parties, shall be collected and processed in paper, electronic and telematic form, depending on the type and method of processing, for the following purposes: registration of the order, completion of the procedures for the execution of the contract and related communications, fulfilment of any legal obligations and to ensure effective management of the business relationship in the manner necessary to provide the requested service in the best way possible (Article 24, paragraph 1, lett. b, Legislative Decree No. 196/2003).
12.4 The Seller undertakes to treat the data and information provided by the Purchaser confidentially and not to make them accessible to unauthorised persons or to use them for purposes other than those intended or to pass them on to third parties. Such data shall only be disclosed at the request of judicial authorities or other authorities authorised by law.
12.5 Personal data shall only be transmitted to persons authorised to carry out the activities necessary for the performance of the contract and who have previously signed an undertaking to treat such data confidentially. The data shall be transmitted exclusively for this purpose.
12.6 The Purchaser enjoys the rights set forth in Article 7 of Legislative Decree 196/03, including the right to
a) request the updating, rectification or, when interested, integration of the data.
b) request the cancellation, transformation into anonymous form or blocking of data processed in breach of the law; this also applies to data whose storage is not necessary in relation to the purposes for which they were collected or subsequently processed.
c) obtain certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected. The data subject also has the right to object, in whole or in part:
(i) the processing of personal data concerning him/her on legitimate grounds, even if pertinent to the purpose of collection;
(ii) the processing of personal data concerning him/her for the purpose of sending advertising material or direct sales or for carrying out market research or commercial communication.
12.7 The communication of personal data by the Purchaser is a necessary prerequisite for the correct and timely execution of the contract. Otherwise, the Purchaser's order cannot be processed.
12.8 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. They will be securely deleted.
12.9 The holder of the collection and processing of personal data is the Seller, to whose registered office the Purchaser may address its requests and petitions.
13 Settlement of Disputes and Place of Jurisdiction
13.1 In the event of a dispute arising out of or in connection with this agreement, the contracting parties shall jointly endeavour to find a fair and amicable solution.
13.2 If the dispute cannot be resolved amicably or through the ODR platform with an ADR entity, it shall be submitted to the court in whose district the Purchaser is domiciled, provided that it is located in the territory of Italy, pursuant to Art. 66-bis of Legislative Decree 206/05; if the Purchaser is not a final consumer, it is agreed that the court of Bolzano shall have exclusive jurisdiction for all disputes, also in derogation of the provisions on territorial jurisdiction.
14 Applicable Law and Regulatory References
14.1 This contract shall be governed by Italian law.
14.2 Unless expressly stipulated otherwise, the legal provisions applicable to business relationships and transactions under this contract and, in any case, the provisions of the Italian Civil Code and of Legislative Decree no. 206 of 6 September 2005 (Consumer Code) shall apply.
15 Final Provisions
15.1 This contract cancels and supersedes all previous agreements, understandings and written and oral negotiations between the parties on the same subject matter as this contract.
15.2 The invalidity of individual provisions shall not affect the validity of the contract as a whole.
15.3 These General Terms and Conditions have been drawn up in German, Italian and English. The contractual parties agree that in case of interpretation difficulties, the Italian text shall prevail.
For anything not expressly provided for, reference shall be made to the provisions of the Civil Code and special laws.