GENERAL CONDITIONS OF ONLINE SALES (B2C)
of K. Bernardi Srl with registered office in 39031 Brunico (BZ), Via Stuck 6, VAT no. 02794380218, registered in the Register of Companies of the Chamber of Commerce of Bolzano, registration with the REA no. BZ206143, e-mail: firstname.lastname@example.org, Tel.: 0039 0474 411176, Fax 0039 0474 413802, PEC: email@example.com in the person of the legal representative, Mr. Karl Bernardi (hereinafter "Seller");
1. that the Seller operates the website www.karl-bernardi-shop.com. (hereinafter "Site");
2. that the Site is intended for commercial transactions between businees and consumer (B2C);
4. that the brand and logo on the site are the exclusive property of the Seller;
5. that the present conditions of sale govern the online sale between K. Bernardi Srl and the Buyer, who expressly declares that he is making the purchase for purposes that do not fall within the framework of his commercial, industrial, artisan or professional activity;
6. that the present premises constitute an integral and substantial part of the contract;
it is agreed as follows:
§ 1. Subject of the contract
1.1. These general conditions, which are made available to the Buyer for reproduction and storage in accordance with art. 12, Legislative Decree no. 70 of 9 April 2003, concern the purchase of products, carried out remotely and by means of telematics network, through the website belonging to the Seller, with headquarters in 39031 Bruneck (BZ), Stuck Street 6, VAT number . 02794380218, enrolled in the Register of Companies of the Chamber of Commerce of Bolzano, registration at the REA n. BZ206143, e-mail: firstname.lastname@example.org, Tel.: 0039 0474 411176, Fax 0039 0474 413802, PEC: email@example.com.
1.2. With this contract, respectively, the Seller sells and the Buyer purchases at a distance the products indicated and offered for sale on the Seller's website.
1.3. The main characteristics of the products referred to in the previous point are illustrated on the Seller's website. The image accompanying a product may not be perfectly representative of its characteristics.
1.4. The Seller undertakes to supply the selected products - within the limits of their availability - against payment of a consideration as set out in art. 3 of this contract.
§ 2. Acceptance of the conditions of sale
2.1. All purchase orders shall be forwarded by Buyer to Seller through the completion of the indicated purchase procedure.
2.3. The Buyer, by telematically sending the confirmation of his purchase order, unconditionally accepts and undertakes to observe, in his dealings with the Seller, the general conditions and payment conditions illustrated below, declaring that he has read and accepted all the indications provided by him pursuant to the above-mentioned rules, also noting that the Seller does not consider itself bound to different conditions, unless previously agreed in writing.
§ 3. Purchasing methods and sales prices
3.1. The sale prices of the products on the website are expressed in euros, VAT included, and - being indicative prices - are subject to express confirmation by e-mail from the Seller, which constitutes acceptance of the purchase order. In any case, the Seller reserves the right to change the prices on the website.
3.2. Shipping costs vary according to the item chosen and the country of destination selected, and will in any case be calculated and made visible to the Purchaser at the time the order is placed. The total cost of shipment to the Purchaser's domicile, including any taxes, duties, fees or customs charges that may arise, are charged to the same, subject to exceptions and derogations that will be specifically advertised on the site and / or communicated by e-mail. The cost is, in any case, made known to the Buyer before the confirmation of the purchase order.
3.3. The product chosen by the Purchaser within the electronic catalog on the site www.karl-bernardi-shop.com, can be inserted into the electronic shopping cart without obligation. The contents of the shopping cart may be viewed, modified or eliminated at any time. After confirming the shopping cart, the Buyer must correctly fill out the request form in all its parts and express his acceptance of the online purchase. The order process may be interrupted at any time by closing the browser window.
3.4. The receipt of the order does not bind the Seller until the same has expressly accepted the order by e-mail. The Seller, with an e-mail containing a summary of the order details, after checking the availability of the chosen product, will confirm and formally accept the order received.
3.5. The Buyer expressly grants the Seller the right to accept even only part of the order placed (for example, in the event that not all the products ordered are available). In such a case the contract will be considered concluded for the goods actually sold. If due to system errors the ordered products are not available, then the buyer will be informed in any case to clarify the facts.
§ 4. Contract Conclusion
4.1. The contract stipulated through the site is considered concluded when the Buyer receives, via e-mail, the formal confirmation of the order, through which the Seller accepts the order sent by the Buyer and informs him to be able to proceed with the execution of the same. After this (within 5 working days for products ready for shipment, at the latest after 7 days) by e-mail the Buyer will be sent a confirmation of shipment. The contract is concluded in the place, where there is the registered office of the Seller.
4.2. Pursuant to art. 12 of Legislative Decree 70/2003, the Seller informs the Buyer that each order sent is stored in digital / paper form on the server / at the headquarters of the Seller itself according to criteria of confidentiality and security.
4.3. K. Bernardi Srl establishes contractual relationships only with persons of legal age.
§ 5. Payment method
5.1. The purchase price shall be paid at the time of execution of the purchase contract.
5.2. Any payment by the Buyer shall be made only in accordance with the contractually agreed payment terms and deadlines.
5.3. Payments by the Buyer can only be made in the following ways: payment in advance by bank transfer or Paypal or Stripe. Further information on payment methods can be found on the "Payment" page.
5.4. There is no opportunity to deduct a rebate.
5.5. The goods will be shipped only after the execution of the bank transfer or verification of receipt of payment by other means of payment.
§ 6. Delivery method
6.1. Except in the case of personal collection of the Product directly from the Seller, the Seller will deliver the Products, selected and ordered in the manner described in the preceding articles, to the Buyer at the delivery address indicated by the Buyer by means of a trusted carrier or courier. Delivery is possible within the delivery countries listed on the website and, depending on the item and the country of destination, within the period indicated on the Seller's website and in the confirmation email. In the event that the Seller is unable to make delivery within this period, the Buyer will be notified in a timely manner by email.
6.2. If the Buyer is absent at the time of delivery, a notice will be left with the necessary indications to contact the courier or freight forwarder in order to agree on the mode of delivery.
6.3. Each shipment is made explicitly on behalf of and at the risk of the Buyer.
6.4. Each order of the Buyer will be accepted subject to possible delivery. In case of impossibility of delivery not attributable to the Seller, the latter may withdraw from the order. In such cases, any compensation for damages for non-fulfilment is excluded.
6.5. Seller shall not be liable for delay or non-delivery due to Buyer's incorrect or incomplete communication of address.
6.6. The delivery terms indicated on the website, in the order confirmation e-mail or communicated by the Seller are indicative and not binding terms. Claims for damages or other rights related to delivery delays are excluded, unless otherwise agreed upon in writing between the Seller and the Buyer.
6.7 K. Bernardi Srl does not offer partial deliveries. However, K. Bernardi Srl reserves the right to split the delivery into several packages for logistical reasons. In this case, the Buyer shall bear only the shipping costs that would have been incurred if the ordered product had been delivered in full.
6.8. Upon receipt of the product/s, the Buyer is required to verify the conformity of the product delivered to him/her with the order placed; only after such verification should the delivery documents be signed, without prejudice to the right of withdrawal provided for in art. 10 of these conditions. Should any damage occur during transport, the carrier and the Seller must be immediately notified.
6.9. The Buyer must ensure that only himself or persons of legal age delegated to collect the products take delivery of them. The Buyer releases K. Bernardi Srl from third party claims resulting from the violation of this.
6.10. If the Buyer is in default of acceptance or culpably violates other obligations to cooperate, K. Bernardi Srl shall be entitled to claim compensation for the resulting damages, including any additional expenses. We reserve the right to assert further claims.
6.11. The risk of accidental loss or accidental deterioration of the object of purchase shall pass to the Buyer as soon as the Buyer is in default of acceptance.
§ 7. Limitations of liability
7.1. The Seller assumes no responsibility for delays or non-delivery of goods due to force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, to implement the contract within the agreed time.
7.2. The Seller shall not be liable to the Buyer, except in case of fraud or gross negligence, for any inefficiency or malfunctioning related to the use of the internet which is beyond the Seller's control.
7.3. The Seller shall not be liable to any party or third party for any damages, losses and costs incurred as a result of the non-performance of the contract for the above causes.
7.4. The Seller shall not be held responsible for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment, upon payment of the purchased products, if he proves to have taken all possible precautions based on ordinary diligence.
§ 8. Guarantees and assistance
8.1. The Seller sells only original and high quality products. In case of questions, complaints or suggestions, the Buyer may contact the Seller via the e-mail address firstname.lastname@example.org. In order to ensure that questions, complaints or suggestions can be dealt with quickly, the Buyer must explain the problem precisely and, if necessary, enclose the order documents, i.e. indicate the order number, customer number, etc., in order to ensure that the Seller is able to deal with the problem.
8.2. In case of lack of conformity the rules on the legal guarantee as provided by Legislative Decree no. 6 September 2005, n. 206 will be applied.
8.3. The guarantee applies only to the products indicated in the Legislative Decree of September 6, 2005, n. 206.
§ 9. Buyer's Obligations
9.1. The Purchaser undertakes to pay the price of the product purchased in the time and manner indicated in these General Conditions.
9.2. The Purchaser undertakes and is obliged, once the purchase procedure has been completed, to print or file and keep these General Conditions - which, moreover, he will have already viewed and accepted as a compulsory step in the purchase procedure - as well as the specifications of the product purchased, and this in order to fully satisfy the conditions laid down in Legislative Decree no. 206 of 6 September 2005.
9.3. It is strictly forbidden for the Buyer to enter false and/or invented and/or fictitious data in the registration process through the electronic form; personal data and e-mail address must correspond to their real personal data and not third parties, or fantasy. The Buyer assumes, therefore, full responsibility for the accuracy and veracity of the data entered into the electronic registration form, in order to complete the procedure for the purchase of products.
9.4. The Buyer releases the Seller from any liability deriving from the issuance of erroneous tax documents due to errors in the data provided by the Buyer, the latter being solely responsible for their correct entry.
9.5. In case of purchase of alcoholic products, the Buyer confirms and expressly declares to have reached the age of majority required by law for the purchase of such products. Moreover, the Buyer of alcoholic products guarantees the truthfulness of the documents submitted to the Seller for the execution of this contract.
§ 10. Right of withdrawal under the Legislative Decree no. 206/2005
10.1. The right of withdrawal is recognized only for products covered by Legislative Decree no. 6 September 2005, n. 206.
10.2. For products for which the right of withdrawal is not excluded, the Buyer has the right to withdraw from the contract, without any penalty and without specifying the reason, within 14 (fourteen) days, starting from the day of receipt of the purchased product. Any withdrawal must be addressed to K. Bernardi Srl, with registered office in 39031 Brunico (BZ), Via Stuck 6, e-mail: email@example.com, Tel.: 0039 0474 411176, Fax 0039 0474 413802.
10.3. If the Buyer decides to make use of the right of withdrawal, he must inform the Seller of his decision to withdraw from the contract by submitting any explicit statement (e.g. letter sent by post, fax or e-mail). The Buyer may also use the standard withdrawal form for this purpose, but it is not mandatory.
10.4. In order to comply with the withdrawal period, it is sufficient to send the notice regarding the exercise of the right of withdrawal before the withdrawal period expires. The burden of proof regarding the exercise of the right of withdrawal, in accordance with this article, lies with the Buyer.
10.5. The return of the goods shall take place without undue delay and in any case within 14 (fourteen) days from the date on which the Buyer communicated to the Seller his decision to withdraw from the contract. The Buyer shall only be liable for any decrease in the value of the goods resulting from any manipulation of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
10.6. In the cases expressly provided for by art. 59 of Legislative Decree no. 206/2005, the right of withdrawal in favor of the Purchaser is in any case excluded.
10.7. The Buyer who exercises the right of withdrawal under this article, shall bear the direct costs of returning the goods to the Seller.
10.8. The Buyer who exercises the right of withdrawal in accordance with the provisions will be reimbursed the amounts already paid, including delivery costs, with the exception of additional costs resulting from the type of delivery expressly chosen by the Buyer and different from the least expensive type of standard delivery offered by the Seller. Said sums shall be refunded without undue delay and in any event within 14 (fourteen) days from the day on which the Seller was informed of Buyer's decision to withdraw from the contract, using the same means of payment used by Buyer for the initial transaction, unless Buyer has expressly agreed otherwise. Unless the Seller has offered to collect the products himself, however, the Seller may withhold the refund until he has received the products or until the Buyer has demonstrated that he has returned the products, whichever situation occurs first.
10.9. Upon receipt of the notice in which the Buyer informs the Seller that it is exercising its right of withdrawal, the Parties are released from their mutual obligations, without prejudice to the provisions of this article.
10.10. Exclusion of the right of withdrawal: The right of withdrawal does not apply to contracts for the supply of goods that can deteriorate quickly or whose expiry date would be quickly exceeded.
§ 11. Express termination clause
11.1. The obligations referred to in art. 9, assumed by the Purchaser, have an essential character, so that by non-fulfilment of only one of these obligations, if not determined by fortuitous events or force majeure, will result in the legal termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for judicial pronouncement.
§ 12. Communications
12.1. Without prejudice to the cases expressly indicated, or established by legal obligations, communications between the Seller and the Purchaser will preferably take place by means of e-mail messages to their respective electronic addresses, which will be considered by both parties as a valid means of communication and whose production in court cannot be contested for the sole fact of being electronic documents.
12.2. Written communications addressed to the Seller as well as any complaints shall be considered valid only if they are sent to the following address K. Bernardi Srl, with registered office in 39031 Brunico (BZ), Via Stuck 6, e-mail: firstname.lastname@example.org, Tel.: 0039 0474 411176, Fax 0039 0474 413802.
12.3. Both parties may at any time change their e-mail address for the purposes of this article, provided that they give timely notice to the other party in accordance with the forms established in the preceding paragraph.
§ 13. Processing of personal data
13.1. Pursuant to Regulation (EU) 679/2016 we inform you that the data controller is K. Bernardi Srl.
13.2. The personal data you provide will be processed in electronic and paper form and saved. The data are processed for the following purposes: for the management of orders, delivery of products and all related obligations. The data may be transmitted and third parties, responsible for processing such as accountant, tax consultant, courier.
13.3. Your data will be retained in full for the period necessary to perform the requested service and in compliance with other tax obligations that require a longer retention period.
13.4. Your data will not in any way be transferred to third countries outside the EU.
13.5. Pursuant to art. 15 et seq. of the EU Regulation you have the right to request at any time access to your data, the cancellation, rectification, updating, integration.
13.6. The Owner does not use in any way automated decision-making processes concerning your personal data.
§ 14. Place of jurisdiction
14.1. In the event of disputes arising out of or in connection with this contract, the parties undertake to seek a fair and equitable settlement between themselves.
14.2. If the dispute has not been resolved amicably, the same will be brought to the exclusive jurisdiction of the court in whose district the Purchaser is domiciled, if located in the territory of the State, in accordance with the provisions of art. 66-bis of Legislative Decree 206/05. If it concerns a customer of another EU Member State, the dispute will be brought before a court of the Member State in whose territory this contractual party has its headquarters or residence or before the court of the place where the consumer is domiciled.
§ 15. Applicable Law and Referral
15.1. This contract is governed by Italian law. In the event of a contract of sale between a Buyer from another EU Member State and Seller, this does not in any way exclude the application of the law of the EU Member State in which the Buyer is domiciled, provided that this provides the consumer with greater protection.
15.2. For anything not expressly provided for herein, the rules of law applicable to the relationships and the cases provided for in this contract apply and the rules of the Civil Code and Legislative Decree no. 206 of September 6, 2005 (Consumer Code).
§ 16. Online Dispute Resolution
16.1. Pursuant to the provisions of EU Regulation no. 524/2013, the Seller informs the Buyer that a European platform for the online resolution of consumer disputes (c.d. ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/.
The ODR platform constitutes a point of access for consumers who wish to resolve out-of-court disputes arising from contracts of sale or online services. To this end, the e-mail address of K. Bernardi Srl is provided: email@example.com. Please note that for some sectors and in some countries there are currently (as of 19.02.2021) no dispute resolution bodies. Therefore, you as a consumer may not be able to use this portal to resolve disputes with us in these countries. Please refer to the EU online portal for more information. We are not obligated to participate in dispute resolution proceedings before a consumer arbitration panel. Nonetheless, we are generally willing to participate in dispute resolution proceedings before a consumer arbitration body.
16.2. In case of complaints addressed to the ADR office "Conciliareonline.it" due to consumer disputes arising from this contract in relation to the online sale of products between K. Bernardi Srl and a consumer, after prior contact with us aimed at the direct resolution of the complaint, we guarantee already now our participation in the procedure of alternative dispute resolution.
We inform consumers resident in Europe that for the resolution of disputes arising from online purchases of goods or services on our site, may apply, after prior contact with us aimed at the direct resolution of the complaint K. Bernardi Srl, to the ADR body "Conciliareonline.it", on the website www.conciliareonline.it:
Via Dodiciville, 2
I -39100 Bolzano (BZ)
or they may file a complaint by accessing the ODR Platform, established by the European Commission, at the following link http://ec.europa.eu/odr."
§ 17. Final clauses
17.1. This contract abrogates and replaces every agreement, understanding, negotiation, written or oral, previously made between the parties and concerning the object of this contract.
17.2. The possible ineffectiveness of some clauses does not affect the validity of the whole contract.
17.3. Any amendments or additions to this contract must be made in writing, which is the form required for their validity.
17.4. These General Terms and Conditions of Sale have been drawn up in Italian, German and English. In the event of difficulties in the interpretation of the same, the parties agree that the Italian language text shall be deemed authentic and effective.