General Terms and Conditions of Business for the online sale of products and services
Petra Hedwig Amalia Caldonazzi, 39100 Bozen, Italy, email@example.com, VAT Reg No IT02915970210 (hereinafter referred to as “Seller“);
that the Seller operates the Website www.petrahedwigamalia.com (hereinafter referred to as “Website“);
that the website is also intended for business transactions between enterprises and consumers (B2C);
that the term “general terms and conditions of business for the online sale of products and services” shall mean the purchase contract for consumer goods sold by the seller between the seller and the purchaser under a distribution system organized by the seller for the remote sale;
that the trademark and the logo of the website are the sole property of the seller;
that the present terms and conditions of business govern the online sale between Petra Hedwig Amalia Caldonazzi and the buyer who expressly declares that he/she makes the purchase for purposes which cannot be attributed to his/her commercial, business, craft or professional activity;
that these preliminary remarks are an integral and essential part of the contract;
that purchases made on the websites of third parties, such as Amazon.com, Inc., Teachable, Inc., and others that are not explicitly mentioned here, are under the sole responsibility of those third parties.
is agreed as follows:
1. Contractual object
1.1. These general terms and conditions, which are made available to the purchaser according to art 12 of Legislative Decree no. 70 of 9 April 2003 have as their object the purchase of products by means of telecommunication via the seller’s website, located in 39100 Bozen, Italy, VAT Reg No IT02915970210, e-mail address firstname.lastname@example.org.
1.2. With the present contract, the seller sells and the purchaser purchases the products and services offered for remote sale by the seller on the website of the seller.
1.3. The essential product characteristics are described on the website of the seller. Illustrations to the products do not necessarily reflect their properties exactly.
1.4. If the contract covers the provision of digital online content in whole or in part, these products may be individually marked with a digital watermark, so that in the case of misuse – taking into account all mandatory legal requirements – the determination and tracking of the original acquirer is possible.
1.5. The seller undertakes to deliver the selected products, if available, in return for the payment of the corresponding amount according to art. 3 of this contract.
2. Acceptance of the terms and conditions
2.1. All orders will be transmitted to the purchaser by the seller on the completion of the specified order process.
2.2. These general terms and conditions are to be checked by the purchaser “online” before completion of the order process. The transmission of the order by the purchaser, therefore, requires the full knowledge of these conditions and their complete acceptance.
2.3. The purchaser, who transmits the confirmation of his/her order by telematic means, undertakes to accept the business and payment conditions described below in full and to comply with them in his/her business relations with the seller. He/she declares that he/she has inspected and accepted all the information given by the seller in the sense of the abovementioned provisions, and also notes that the seller is not bound by any other conditions unless agreed in advance in writing.
2.4. To accept the terms and conditions, all sections of the online form must be filled out completely and accurately by following the instructions on the screen and by finally clicking on the I agree to the Terms & Conditions button and accepting it.
3. Order details and sales prices
3.1. The product prices displayed on the website and/or third websites are given in Euro. These are always indications, which must be confirmed by the seller explicitly by e-mail, accepting thus the order.
3.2. The product prices shown on the website are inclusive of VAT.
4. Conclusion of contract
4.1. The contract entered into via the Website shall come into force on the date on which the purchaser receives the formal order confirmation by e-mail, with which the seller accepts the order of the purchaser and informs him/her that she can execute the order. The contract is concluded at the place where the seller’s legal office is located.
4.2. According to Article 12 of the Legislative Decree 70/2003, the seller informs the purchaser that each incoming order is stored in digital form (or on paper) on the server at the seller’s place of business according to the criteria of confidentiality and data security.
5. Payment modalities
5.1. Payments by the purchaser can only be made in the following forms:
a) Payment by credit card (via Stripe): the following credit cards are accepted: Visa, MasterCard, American Express.
b) Payment by Paypal.
6. Limitation of liability
6.1. The purchaser cannot hold the seller responsible for any malfunctions or interruptions in connection with the use of the Internet outside of his control, except in the case of intent or gross negligence on the part of the seller.
6.2. The seller is not liable towards contract parties or third parties for damages, losses, and costs resulting from the non-performance of the contract for the above reasons.
6.3. The seller shall not be liable for the fraudulent and unlawful use of credit cards, checks and other means of payment by third parties in the payment of the ordered products if she can demonstrate that she takes all possible precautions according to the current knowledge and experience and with due diligence.
7. Warranty and customer service
7.1. The seller sells only original products of high quality. In case of questions, complaints or suggestions, the purchaser can contact email@example.com. In order to ensure prompt processing of the questions, complaints or suggestions, the purchaser should describe the problem as precisely as possible and, if necessary, submit order documents in a copy or indicate the order number, customer number, etc.
7.2. In the case of conformity deficiencies, the provisions of the statutory warranty obligation are applicable according to Legislative Decree No 206 of 6 September 2005. The seller must, therefore, be liable for a period of 2 years from the date of the delivery of goods for defects which already existed at the time of the sale. Any defects must be reported within 2 months after they have been discovered, otherwise, the purchaser loses the guarantee claim.
7.3. The guarantee applies only to the products specified in Legislative Decree No 206 of 6 September 2005. The possible invalidity of individual provisions shall not affect the effectiveness of the contract as a whole.
8. Obligations of the purchaser
8.1. The purchaser undertakes to pay the purchase price for the ordered goods in the contractually specified time and form.
8.2. Once the order has been completed, the purchaser must print out and retain these general terms and conditions, which he/she has already consulted and accepted in a compulsory step in the order, as well as the product specifications of the ordered product in order to comply with the condition stipulated in Legislative Decree No 206 of 6 September 2005.
8.3. It is strictly forbidden for the purchaser to enter incorrect and/or fictitious and/or phantasy data during the registration via the corresponding online form. The personal data and the e-mail address may only be used to indicate their own real data, not those of third parties or fictitious persons. The purchaser, therefore, accepts full liability for the correctness and veracity of the information given in the registration form at the end of the ordering process.
8.4. The purchaser shall indemnify the seller from any liability for the issuance of incorrect tax documents due to incorrect information from the purchaser, who is solely responsible for the correct data entry.
9. Right of revocation pursuant to Legislative Decree no. 206/2005
9.1. In cases expressly provided for in Article 59, subparagraph (a) and (o) of Legislative Decree No 206 of 6 September 2005, the purchaser can not exercise any right of revocation in case of service contracts after the complete execution of the service if the performance has begun with the express consent of the purchaser and acceptance of the loss of the right of revocation due to the full execution of the contract by the seller;
9.2. The purchaser agrees to the fact that by his/her consent to the beginning of the execution of the contract before the expiry of the right of revocation, he/she loses his/her right of revocation for the products/services referred to in this letter.
9.3. In the case of digital content, ie downloads of e-books, audio- and video files the purchaser can make use of his/her right of revocation free of charge and without giving reasons within 30 days and is allowed to keep all downloaded contents, but is in no case allowed to share or sell them with any third party. After the expiration of the above mentioned period, the purchaser loses his/her right to revoke, with the express consent of the purchaser and the acceptance of the loss of the right to revoke the contract due to the complete execution by the seller.
9.4. In the case of personal coaching sessions, the purchaser can make use of his/her right of revocation free of charge and without giving reasons within 2 hours before the beginning of the contract and choose whether he/she prefers the full refund of the purchase price or a new appointment without additional costs. After the expiration of the above mentioned period, the purchaser loses his/her right to revoke, with the express consent of the purchaser and the acceptance of the loss of the right to revoke the contract due to the complete execution by the seller.
9.5. For products for which the right of revocation is not excluded, the purchaser can revoke the concluded contract without penalty and without giving reasons within the above mentioned deadlines. A possible revocation is to be directed to firstname.lastname@example.org. The purchaser may also use this model revocation form set out in Annex I, Section B of Legislative Decree No 21/2014, but this is not mandatory:
Sample revocation form
(Please fill in this form only if you want to revoke the contract)
– Addressee: Petra Hedwig Amalia, 39100 Bozen, Italy, email@example.com:
– I hereby declare that I withdraw from the purchase contract for the following products/services:
– Ordered on:
– Received on:
9.6. In order to maintain the revocation period, it is sufficient that the purchaser sends the notification of the exercise of the right of revocation before the end of the revocation period. The purchaser is responsible for the exercise of the right of revocation.
9.7. The purchaser, who exercises his/her right of revocation in accordance with the provisions of the contract, shall be refunded all sums already paid regarding the revocation. Refund of costs shall be made without delay and in any event within 14 days from the date of which the seller has been informed about the purchaser’s decision to execute his/her right of revocation, using the same means as that used by the purchaser in the original transaction, unless expressly agreed otherwise.
9.8. Upon receipt of the notice in which the purchaser notifies the seller of the exercise of the right of revocation, the contracting parties shall be exempted from their respective obligations. The provisions of this Article shall remain unaffected.
10.1. With the exception of the cases expressly stated or the cases laid down by the law, the notifications between seller and purchaser are sent by e-mail to the respective e-mail addresses which are regarded as valid communication means by both contracting parties and their use in court. Both parties agree, that the notifications sent by e-mail cannot be contested due to the fact that they are electronic documents.
10.2. Written notifications to the seller and possible complaints are only valid if they are sent by e-mail to the address firstname.lastname@example.org.
10.3. Both contracting parties may at any time modify their e-mail address for the purposes set out in this article, provided that they notify the other contracting party forthwith by the means set out in the above paragraph.
11. Processing of personal data
The rights stipulated in the data protection regulations and the information requirements of the seller are checked “online” before the completion of the ordering process. The transmission of the order confirmation thus requires their complete knowledge.
11.2. The seller protects the privacy of the purchaser and ensures that the data processing complies with the data protection regulations according to the Legislative Decree No. 196 of 30 June 2003 and the General Data Protection Regulation (GDPR) (EU) 2016/679.
11.3. The personal and tax data obtained directly and/or via third parties by the seller as the data processing agent shall be recorded and processed in paper form, electronically and telematically, for the following purposes: registration of the order, implementation of the procedures for the execution of the contract and the related communications, the fulfillment of any legal obligations, and ensuring the efficient management of the business relations as necessary to provide the required service as best as possible (Article 24, paragraph 1, letter b), Legislative Decree No. 196 of 30 June 2003).
11.4. The seller undertakes to treat the data and information transmitted by the purchaser confidentially and not to make them accessible to unauthorized persons or to use them for purposes other than those foreseen or to pass them on to third parties. Such data shall be disclosed only at the request of the judicial authorities or other authorities authorized by law.
11.5. Personal data will only be transmitted to persons who are entrusted with carrying out the necessary activities for the execution of the contract and who have previously signed an obligation to keep these data confidential. The transmission of the data is exclusively for this purpose.
11.6. The purchaser is entitled to the rights referred to in Article 7 of Legislative Decree No. 196 of 30 June 2003 and the General Data Protection Regulation (GDPR) (EU) 2016/679.
Data subjects are entitled at any time to obtain confirmation of the existence of personal data concerning them and be informed of their contents and origin, verify their accuracy, or else request that such data be supplemented, updated or rectified (Section 7 of Legislative Decree no. 196/2003).
The above Section also provides for the right to request erasure, anonymization or blocking of any data that is processed in breach of the law as well as to object in all cases, on legitimate grounds, to the processing of the data.
All requests should be emailed to email@example.com.
11.7. The announcement of the purchaser’s own personal data is voluntary, but a prerequisite for the proper and timely execution of the contract. Otherwise, the order of the purchaser cannot be settled.
11.8. In any event, the obtained data will not be kept beyond the period necessary for the purposes for which they are collected or subsequently processed. Their removal is processed in safe means.
11.9. Holders of the collection and processing of personal data is the seller, at whose domicile the purchaser can address his/her inquiries and requests.
12. Dispute resolution and place of jurisdiction
12.1. In the case of disputes arising from or in connection with this agreement, the contracting parties shall jointly seek a fair and amicable solution.
12.2. In accordance with EU Regulation No. 524/2013, the purchaser is informed by the seller that an online dispute settlement platform of the European Union (OS platform) has been established, which is accessible at the following link: http://ec.europa.eu/consumers/odr/. The OS platform is a point of entry for purchasers who wish to settle disputes arising in the area of online sales contracts or online service contracts. For this purpose, the e-mail address of the seller is firstname.lastname@example.org.
12.3. If a dispute cannot be settled amicably or via the OS platform at an ADR office, it is submitted to the court in whose district the purchaser is domiciled, in accordance with Article 79 of Legislative Decree No 206 of 6 September 2005 if on the Italian territory. If the purchaser is not a final consumer, it is agreed that the court in Bozen is exclusively responsible for all disputes, in deviation from the provisions on territorial jurisdiction.
13. Applicable law and law reference
13.1. This contract is governed by Italian law.
13.2. Unless expressly stated otherwise, the statutory provisions applicable to the business relations and business transactions provided for in this Agreement shall apply, and in any case the provisions of the Italian Civil Code Legislative Decree No 206 of 6 September 2005 (Consumers’ Code).
14. Final provisions
14.1. This Agreement shall nullify and supersede all prior written and oral agreements, arrangements, and negotiations of the contracting parties concerning the same subject matter of this Agreement.
14.2. The possible invalidity of individual provisions shall not affect the effectiveness of the contract as a whole.
14.3. These general terms and conditions were written in Italian, German and English. The contracting parties agree that, in the event of interpretation difficulties, only the text in the Italian language is regarded as authentic and effective.
GRANTING CONSENT VIA THE WEBSITE
By ticking the box “I agree” you confirm your consent.
[…..], on the […..]
ACCEPTANCE OF THE General Terms and Conditions of Business for the online sale of products and services THE PURCHASER
According to the Articles 1341 and 1342 civil code, the purchaser declares that he/she has read the contract carefully and expressly agrees to the following provisions:
Art. 2 (Acceptance of the terms and conditions)
Art. 3 (Order details and sales prices)
Art. 4 (Conclusion of contract)
Art. 5 (Payment modalities)
Art. 6 (Limitation of liability)
Art. 7 (Warranty and customer service)
Art. 8 (Obligations of the purchaser)
Art. 9 (Right of revocation pursuant to Legislative Decree no. 206/2005)
Art. 10 (Notifications)
Art. 11 (Processing of personal data)
Art. 12 (Dispute resolution and place of jurisdiction)
Art. 13 (Applicable law and law reference)
Art. 14 (Final provisions)
[…..], on the […..]