GENERAL CONDITIONS & INFORMATION FOR CUSTOMERS

The following is translated from the Italian terms and conditions.


Index

  1. Scope of application
  2. Conclusion of the contract
  3. Right of withdrawal
  4. Prices and payment conditions
  5. Delivery and shipping conditions
  6. Legal guarantee of compliance
  7. Applicable law, place of jurisdiction
  8. Redemption of discount vouchers
  9. Alternative settlement of disputes

1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as "General Terms and Conditions") of Lars Wilhelm Klumb (hereinafter referred to as "Seller") apply to all contracts entered into by a consumer or a trader (hereinafter referred to as "customer") with the seller, in reference to the goods and/or services on sale at the seller’s online shop. These conditions exclude the application of the customer’s own dispositions, unless otherwise agreed.

1.2 In accordance with these General Terms and Conditions of Business, "consumer" means any natural person who enters into a legal transaction for purposes outside the scope of his independent business or professional activity. "Professional" means any natural or legal person or company of persons with legal personality who, in concluding a legal transaction, acts for purposes attributable to its independent commercial or professional activity.

2) Conclusion of the contract

2.1 Product descriptions in the seller’s online shop are binding offers from the seller.

2.2 The customer may accept the offer through the order form on the online shop of the seller. In the event that the order is made via the online order form, after entering personal data, the customer, by clicking on the validation button at the end of the purchase procedure, provides legally binding acceptance of the contractual offer in relation to the goods contained in your shopping cart. The offer, however, can only be accepted if the customer, by ticking the appropriate box under the text : "I expressly declare that I have read and accept the General Terms and Conditions of Sale", confirms that I accept the contractual conditions.

2.3 The seller shall send the customer the order confirmation by post or e-mail.

2.4 In case of acceptance of an offer through the online order form of the seller, the contract text will be saved by the seller and sent to the customer after sending the order, together with the text of the General Terms and Conditions (e.g. by e-mail, fax or letter). The contractual text will also be stored on the website of the seller and the customer will be able to access it on this page. In any case, the seller will send the customer an order confirmation, indicating the possibility to print the General Terms and Conditions of Business through the "print" function.

2.5 Before binding the order via the online order form of the seller, the customer can correct their data at any time via the normal mouse and keyboard functions. In addition, before the binding order transmission, all data will be displayed in a confirmation window, where they can still be modified using the normal mouse and keyboard functions.

2.6 If the customer acts as a consumer, the languages available for the conclusion of the contract are Italian, English and German.

3) Right of withdrawal

3.1 Consumers have the right to exercise their right of withdrawal.

3.2 For more information on the right of withdrawal, please consult the relative information of the seller.

4) Prices and payment conditions

4.1 The prices indicated by the seller are final amounts including the statutory VAT rate. Any extra delivery and shipping costs can be found on the respective product description page.

4.2 Shipments to countries outside the European Union may incur additional specific costs for the customer. These include, for example, the costs of transferring money through credit institutions (e.g., credit transfer fees, currency exchange) or taxes and import charges (e.g., customs duties).

4.3 The customer has several payment options, illustrated on the seller’s website.

4.4 If an advance payment is agreed, the balance must be paid at the conclusion of the contract.

4.5 If the customer opts for payment with "Paypal", the payment will be managed through the service provider Paypal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, under the conditions of use Paypal available at https://www.paypal.com/it/webapps/mpp/ua/legalhub-full?locale.x=it_IT. This presupposes, among other things, that the customer opens or already has a Paypal account.

5) Delivery and shipping conditions

5.1 The goods are sent by courier to the address indicated by the Customer. The order is processed taking into account the indicated shipping address.

5.2 If the courier sends the goods back to the seller due to the impossibility of delivery to the customer, the costs of the unsuccessful shipment will be borne by the customer. This is not applicable if the customer exercises the right of withdrawal where the circumstance that made the delivery impossible is not attributable to the customer himself or if the latter is temporarily unable to accept the service offered, unless the seller had notified him in good time of the performance of that service.

5.3 There is no pick-up foreseen by the customer.

6) Legal guarantee of compliance

6.1 The rules of the law apply in cases of warranty for defects of the thing sold.

6.2 For consumers, the limitation period for warranty rights is two years from the delivery of the goods to the customer.

6.3 The consumer must notify the seller of the defect within two months of discovery.

7) Applicable law and place of jurisdiction

7.1 If the customer acts as a consumer within the meaning of point 1.2, all legal relationships between the parties shall be governed by the law of the country in which the customer has his habitual residence, excluding the United Nations Convention on Contracts for the International Sale of Movable Property. The exclusive jurisdiction for all disputes arising from this contract is the place of domicile of the customer.

7.2 If the customer acts as a professional within the meaning of point 1.2, all legal relationships between the parties shall be governed by the law of the country in which the seller has its registered office, excluding the United Nations Convention on Contracts for the International Sale of Movable Property. The exclusive jurisdiction for all disputes arising from this contract is the place of the registered office of the seller.

8) Redemption of discount vouchers

8.1 Discount vouchers issued free of charge by the seller for promotions with a limited validity in time and not available for purchase (hereinafter "discount vouchers") can only be redeemd in the seller’s shop and only in the period indicated.

8.2 Some items may be excluded from the use of the discount voucher, if such a limitation results from the description of the discount voucher.

8.3 Discount vouchers can only be redeemd before the conclusion of an order. A redemption following an order is not possible.

8.4 For one order one discount voucher can be redeemed.

8.5 The value of the goods must at least correspond to the value of the discount voucher. Any difference is not refunded by the seller.

8.6 If the amount of the voucher is not sufficient to cover the amount of the order, it is possible to pay the difference with one of the payment methods offered by the seller.

8.7 The value of the discount voucher is neither redeemable in cash nor interests are paid on the value of the discount voucher.

8.8 A discount voucher is not refunded if the customer, in the context of his right of withdrawal by law, were to return goods that were paid in part or in full with a discount voucher.

8.9 A discount voucher may only be used by the person to whom it has been destinated to. A discount voucher may not be transferred to third parties. The seller has the right, but is not obliged, to check whether the person who uses a voucher actually has the right.

9) Alternative settlements of disputes

8.1 The European Commission has set up an online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr.

This platform is the point of reference for the out-of-court resolution of disputes arising from online sales or service contracts in which the consumer is involved.

8.2 The seller is neither legally obliged nor willing to participate in a dispute settlement procedure before a conciliation body.



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