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Terms and Conditions

GENERAL TERMS AND CONDITIONS (B2C)

Rinner Alexander & Co. KG , with registered office at Hauptstrasse 122, 39021 Latsch (BZ), VAT No. 01192160214, registered in the Commercial Register of the Bolzano Chamber of Commerce, email address: info@rinner-speck.it , Tel.: +39 0473 623138 , Fax +39 0473 720877, PEC: rinner@pec.it , represented by its legal representative, Mr. Alexander Rinner (hereinafter referred to as " Seller ");

To begin:

  1. that the seller operates the website www.rinner-speck.it (hereinafter referred to as " website ");
  2. that the website is intended for business-to-consumer (B2C) transactions;
  3. that the term “General Terms and Conditions for Online Sales” refers to the purchase agreement for products of the seller, which is concluded between the seller and the buyer within the framework of a sales system organized by the seller for distance selling;
  4. that the trademark and logo of the website are the exclusive property of the seller;
  5. that these terms and conditions govern the online sale between Rinner Alexander & Co. KG and the buyer, who expressly declares that he is making the purchase for purposes that cannot be attributed to his commercial, business, craft or professional activity;
  6. that these preliminary remarks are an integral and essential part of the contract;

The following is agreed:

§ 1. Subject matter of the contract

1.1. These general terms and conditions, which are made available to the buyer for reproduction and storage in accordance with Article 12 of Legislative Decree No. 70 of April 9, 2003, concern the purchase of products by distance selling and by means of distance communication of the seller (address, contact, data – see above).

1.2. Under this contract, the seller sells and the buyer purchases, via distance selling, the products listed and offered for sale on the seller's website.

1.3. The essential product characteristics are described on the seller's website. The buyer is aware that the delivered product may differ slightly from the image shown on the website, especially since products manufactured in-house cannot always be identical due to their natural characteristics.

1.4. The seller undertakes to deliver the selected products – insofar as they are available – against payment of the corresponding amount in accordance with Article 3 of this contract.

§ 2. Acceptance of the terms and conditions

2.1. All orders are submitted by the buyer to the seller by completing the specified order process.

2.2. The buyer must review these terms and conditions, as well as the privacy policy, online before completing the order process. To accept the terms and conditions, all sections of the online form must be completed fully and accurately by following the on-screen instructions and finally clicking the "Acceptance of Terms and Conditions" box. The buyer will also be presented with the privacy policy, regarding which they can grant or refuse consent to the processing of their personal data, if necessary. Submitting the order by the buyer therefore implies full knowledge of these terms and conditions and their complete acceptance.

2.3. The buyer undertakes to accept without reservation the terms and conditions of business and payment described below and to comply with them in his business relations with the seller; he declares that he has reviewed and accepted all information provided by the seller within the meaning of the above provisions, and he further acknowledges that the seller is not bound by any other terms and conditions unless they have been agreed in writing in advance.

§ 3. Sales prices and ordering procedures

3.1. The product prices listed on the website are expressed in euros and include statutory VAT. These prices are always indicative and must be expressly confirmed by the seller via email, which constitutes acceptance of the order.

3.2. Shipping costs are calculated when the order is placed and clearly displayed for the buyer. They vary depending on the items ordered, the chosen destination country, and the weight of the goods. The total shipping costs to the buyer's address are borne by the buyer, except in the case of exceptions and deviations, which will be announced accordingly on the website and/or communicated by email. The costs will always be communicated to the buyer before order confirmation.

3.3. The buyer can select the desired product from the online catalog on this website and add it to the shopping cart without obligation. The contents of the shopping cart can be viewed, modified, or removed by the buyer at any time. After confirming the shopping cart, the buyer must complete the order form correctly and in full and give their consent to the purchase online. The order process can be canceled at any time by closing the browser window.

3.4. The receipt of the order is not binding for the seller until the seller has expressly accepted the order by email. After the seller has checked the availability of the ordered product, they will confirm formal acceptance of the received order with an email that reiterates the essential order details.

3.5. The buyer expressly grants the seller the right to accept the order only partially (for example, if not all ordered products are available). In this case, the contract is considered concluded for the goods actually sold.

§ 4. Conclusion of Contract

4.1. The contract concluded via the website is formed when the buyer receives the formal order confirmation by email, with which the seller accepts the buyer's order and informs them that the order can be fulfilled. The contract is concluded at the seller's place of business.

4.2. In accordance with Article 12 of Legislative Decree 70/2003, the seller informs the buyer that every incoming order is stored or kept in digital form on the server/on paper at the seller's headquarters in accordance with the criteria of confidentiality and data security.

§ 5. Payment terms

Payments from the buyer can only be made in the following forms: online payment by credit card or PayPal, prepayment by bank transfer.

5.1. Prepayment by bank transfer: Payment must be made to the account specified here. The goods will be shipped after confirmation of receipt of payment.

Account holder: RINNER ALEXANDER & CO. KG
Bank: RAIFFEISENKASSE LATSCH
IBAN: IT40D0811058450000300000264
BIC CODE: RZSBIT2B

5.2. Online payment by credit card: Payment can be made with the following credit cards: Visa, MasterCard.

5.3. Online payment with Paypal: The buyer is redirected to the Paypal website and must register there or create an account.

§ 6. Delivery terms

6.1. Except in cases of personal collection of the goods from the seller, the seller will deliver the products selected and ordered according to the procedures described in the preceding articles to the address provided by the buyer via a trusted carrier. Delivery is possible throughout the EU and normally takes place within 5 days of the conclusion of the contract, depending on the item. If the seller is unable to carry out the delivery within this period, the buyer will be notified in a timely manner by email.

6.2. The buyer is responsible for ensuring that they receive the goods from the commissioned carrier at the specified delivery address. If the buyer is absent at the time of delivery, the goods will be taken to a nearby branch of the carrier, and the buyer will be contacted to arrange new delivery terms.

6.3. The seller is not liable for the delay or non-delivery of the goods in the event of inaccurate or incorrectly specified address details on the part of the buyer.

6.4. Upon receipt of the goods, the buyer must verify that the delivered product matches the order; only after this verification may he sign the delivery documents, subject to the right of withdrawal provided for in Article 10 of the terms and conditions.

6.5. During the ordering process, the buyer can also choose to collect the goods in person from the seller's premises (see address at the beginning of the Terms and Conditions). For this collection option, the buyer must present a valid identity card and a printout of the order confirmation. No shipping costs will be charged to the buyer if they collect the goods themselves.

§ 7. Limitation of Liability

7.1. The seller assumes no liability whatsoever if 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 wholly or partially prevent timely performance of the contract.

7.2. The buyer cannot hold the seller liable for operational disruptions or interruptions in connection with the use of the Internet that are beyond the seller's control, except in the case of intent or gross negligence on the part of the seller.

7.3. The seller shall not be liable to contracting parties or third parties for damages, losses or costs resulting from the non-performance of the contract for the reasons stated above.

7.4. The seller is not liable for any fraudulent and unlawful use of credit cards, checks and other means of payment by third parties in the payment of the ordered products, if he can prove that he has taken all possible precautions according to the current state of knowledge and experience and with due diligence.

§ 8. Warranty and Customer Service

8.1. The seller only sells original, high-quality products. For questions, complaints, or suggestions, the buyer can contact the seller. To ensure prompt processing of questions, complaints, or suggestions, the buyer should describe the problem as precisely as possible and, if applicable, provide copies of order documents or specify the order number, customer number, etc.

8.2. In the event of non-conformity, the provisions on statutory warranty obligations pursuant to Legislative Decree No. 206 of 6 September 2005 shall apply.

8.3. The guarantee applies only to the products mentioned in Legislative Decree No. 206 of 6 September 2005.

§ 9. Obligations of the buyer

9.1. The buyer undertakes to pay the purchase price for the ordered goods within the period and in the form specified in the contract.

9.2. After completing the order process, the buyer must print and retain these general terms and conditions, which he has already viewed and accepted as a mandatory step during the ordering process, as well as the product specifications of the ordered product, in order to fully comply with the conditions set out in Legislative Decree No. 206 of September 6, 2005.

9.3. The buyer is strictly prohibited from entering false, fictitious, and/or imaginary data when registering via the online form. Only the buyer's own genuine personal details and email address may be provided, and not those of third parties or fictitious persons. The buyer therefore assumes full responsibility for the accuracy and truthfulness of the information provided during the order process.

9.4. The buyer shall indemnify the seller against any liability for the issuance of incorrect tax documents due to incorrect information provided by the buyer, who is solely responsible for the correct data entry.

§ 10. Right of withdrawal pursuant to Legislative Decree No. 206/2005

10.1. The right of withdrawal applies only to the products mentioned in Legislative Decree No. 206 of 6 September 2005 and is expressly excluded for the delivery of sealed goods provided for in Article 59(e) of the same Legislative Decree, which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery.

10.2. For products for which the right of withdrawal is not excluded, the buyer may withdraw from the concluded contract without penalty and without giving reasons within 14 (fourteen) days of receiving the ordered goods. Any withdrawal must be sent to the seller in writing or electronically to the address stated in the first paragraph.

10.3. If the buyer wishes to exercise their right of withdrawal, they must inform the seller of their decision to withdraw from the contract by means of a clear statement (e.g., a letter sent by post or email). The buyer may also use the model withdrawal form attached to Annex I, Section B of Legislative Decree No. 21/2014, but this is not mandatory.

10.4. To meet the cancellation deadline, it is sufficient for the buyer to send notification of their intention to exercise their right of cancellation before the cancellation period expires. The burden of proof regarding the proper exercise of the right of cancellation lies with the buyer.

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 buyer notified the seller of their decision to withdraw from the contract. The buyer must compensate for any diminished value of the goods resulting from handling other than what is 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 No. 206/2005, the buyer cannot exercise a right of withdrawal.

10.7. When exercising the right of withdrawal in accordance with the provisions of this article, the buyer shall bear the costs directly associated with returning the goods to the seller.

10.8. The buyer who exercises their right of withdrawal in accordance with the provisions will be refunded all amounts already paid, including delivery costs, with the exception of any additional costs incurred because the buyer expressly chose a delivery method other than the less expensive standard delivery offered by the seller. The refund will be issued without delay and in any event within 14 (fourteen) days from the date on which the seller was informed of the buyer's decision to exercise the right of withdrawal, using the same means of payment used by the buyer for the original transaction, unless expressly agreed otherwise with the buyer. However, the seller may withhold reimbursement until they have received the goods back or the buyer has provided proof of return shipment, whichever is earlier, unless the seller has offered to collect the goods themselves.

10.9. Upon receipt of the notification in which the buyer informs the seller of the exercise of the right of withdrawal, the contracting parties are released from their respective obligations; the provisions of this article remain unaffected.

§ 11. Express termination clause

The obligations stipulated for the buyer in Article 9 are essential to this contract. It is therefore expressly agreed that the failure to fulfill even one of these obligations – unless due to accident or force majeure – will result in the termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for a court judgment.

§ 12. Notifications

12.1. Except where expressly stated or provided for by law, communications between the seller and the buyer shall preferably be made by email to the respective email addresses, which both parties shall consider a valid means of communication and whose use in court cannot be challenged solely on the grounds that they are electronic documents.

12.2. Written communications to the seller and any complaints are only valid if they are sent to the seller's address (see beginning of the page).

12.3. Both contracting parties may change their email address for the purposes mentioned in this article at any time, provided they promptly notify the other contracting party in accordance with the forms mentioned in the paragraph above.

§ 13. Processing of personal data

13.1. The buyer expressly declares that they have reviewed the information pursuant to Article 13 of Legislative Decree No. 196 of June 30, 2003 (Personal Data Protection Code) and the website's Privacy Policy. The buyer will review the rights provided for in the Privacy Policy and the seller's information obligations before completing the online order process. Submitting the order therefore implies full knowledge of these terms.

13.2. The seller protects the privacy of the buyer and ensures that data processing complies with the data protection regulations according to Legislative Decree No. 196 of 30 June 2003.

13.3. The personal and tax data obtained by the Seller, as the data controller, directly and/or through third parties, will be collected and processed, depending on the method of processing, in paper form or in electronic and telematic form, for the following purposes: order registration, execution of the procedures for contract fulfillment and related communications, fulfillment of any legal obligations, and ensuring efficient management of the business relationship in the manner necessary to provide the requested service in the best possible way (Art. 24, para. 1, letter b, Legislative Decree No. 196/2003). When subscribing to the newsletter, the buyer's email address will also be used for advertising purposes until the buyer unsubscribes. Unsubscribing is possible at any time.

13.4. The seller undertakes to treat the data and information transmitted by the buyer confidentially and not to make it accessible to unauthorized persons, nor to use it for purposes other than those intended, nor to pass it on to third parties. This data will only be disclosed at the request of judicial authorities or other authorities authorized by law.

13.5. Personal data will only be transferred to persons entrusted with carrying out the necessary activities for the execution of the contract and who have previously signed a confidentiality agreement. The data will only be transferred for this purpose.

13.6. The buyer is entitled to the rights referred to in Article 7 of Legislative Decree No. 196/03, including the right: a) to request the updating, rectification, or, where there is an interest, the supplementation of the data; b) to request that data processed unlawfully be erased, anonymized, or blocked; this also applies to data whose retention is unnecessary for the purposes for which it was collected or subsequently processed; c) to obtain confirmation that the operations referred to in points a) and b), including their content, have been communicated to those to whom the data were communicated or disseminated, unless this proves impossible or involves a disproportionate effort in relation to the protected right. The data subject also has the right to object, in whole or in part, on legitimate grounds, to the processing of personal data concerning him or her, even if such data are relevant to the purpose for which they were collected; 2) to object to the processing of personal data concerning them if such processing is carried out for the purpose of sending advertising material or direct sales, for market or opinion research or for commercial information.

13.7. The disclosure of the buyer's own personal data is a necessary condition for the proper and timely execution of the contract. Otherwise, the buyer's order cannot be processed.

13.8. The data obtained will in no case be stored beyond the period necessary for the purposes for which it was collected or subsequently processed. It will be securely deleted.

13.9. The data controller responsible for the collection and processing of personal data is the seller, at whose company headquarters the buyer can address his inquiries and requests.

§ 14. Dispute Resolution and Jurisdiction

14.1. In the event of disputes arising out of or in connection with this contract, the contracting parties shall endeavour jointly to a fair and amicable solution.

14.2. In accordance with EU Regulation No. 524/2013, the seller informs the buyer that in the event of a dispute, they may submit a complaint via the European Union's Online Dispute Resolution (ODR) platform, accessible at the following link: http://ec.europa.eu/consumers/odr/. The ODR platform provides a point of contact for consumers who wish to settle disputes arising from online sales contracts or online service contracts out of court. For this purpose, the email address of the national contact point is odr@ecc-netitalia.it.

14.3. If a dispute cannot be settled amicably, it will be submitted to the court in whose district the buyer is domiciled, provided that the buyer is domiciled in Italy, in accordance with Article 66-bis of Legislative Decree No. 206/05; if the buyer is not a consumer, it is agreed that the court in Bolzano shall have exclusive jurisdiction over all disputes, even notwithstanding the provisions on territorial jurisdiction.

§ 15. Applicable Law and Reference to Statutes

15.1. This contract is governed by Italian law.

15.2. Unless expressly stated otherwise herein, the statutory provisions applicable to the business relationships and transactions provided for in this contract shall apply, and in any case the provisions of the Italian Civil Code and Legislative Decree No. 206 of 6 September 2005 (Consumer Code).

§ 16. Final Provisions

16.1. This contract cancels and replaces all prior written and oral agreements, understandings and negotiations between the contracting parties concerning the same subject matter of this contract.

16.2. The possible invalidity of individual provisions shall not affect the validity of the contract as a whole.

16.3. These terms and conditions have been drafted in Italian and German. The contracting parties agree that in the event of any difficulties in interpretation, the Italian text shall be deemed authentic and effective.

ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS BY THE BUYER Pursuant
to Articles 1341 and 1342 of the Swiss Civil Code, the buyer declares that he has carefully read the contract and expressly agrees to the following provisions:

Article 7 (Limitation of Liability),
Article 8 (Guarantee and Customer Service),
Article 9 (Buyer's Obligations),
Article 10 (Right of Withdrawal pursuant to Legislative Decree No. 206/2005),
Article 11 (Express Termination Clause),
Article 14 (Dispute Resolution and Jurisdiction).