Terms and Conditions & Countermand
1. Scope of application
1.1 These general terms and conditions ("T&Cs”), in the version valid at the time of the order, apply to all orders and deliveries and the relevant purchase contracts entered into through the website: www.suedtirol-products.com
1.2 The term Buyer refers to any person or legal entity who places the order (the "Buyer").By placing an order, the Buyer declares to have full legal capacity to contract and that the personal data he or she has provided is correct.
1.3 The term Seller refers to Südtirol Products – Seiser Alm Bahn AG, Via Sciliar/Schlernstraße 39, 39040 Castelrotto/Kastelruth (BZ), Italy, company register of Bolzano, registration no. and VAT 01370600213.
2.1 The Buyer's order constitutes a binding offer to enter into a contract for the purchase of the goods ordered (the "Order").
2.2 A purchase contract only becomes valid upon explicit acceptance of the order by Südtirol Products, either in the form of a written confirmation of order to be sent by e-mail (the "Confirmation of order"), or implicitly through the delivery of the ordered goods.
3.1 The prices (the "Prices") stated in the online shop at the time of the Order apply. Südtirol Products reserves the right to change the prices without notice.
3.2 Unless otherwise agreed upon in writing, the Prices include statutory value-added tax, excluding shipping costs and any applicable packaging costs in the case of gift- or special packages etc.
3.3 Without prejudice to what otherwise provided for by other applicable statutory provisions, VAT-free intra-Community supplies require notification of the Buyer’s VAT number at the moment of the Order, as well as notification of delivery to a Country other than Italy.
4. Shipping costs
4.1 Shipping costs are charged according to our Terms of delivery.
5. Terms of delivery
5.1 Unless otherwise agreed upon in writing, the goods are delivered (“Delivery”) to the address for delivery provided by the Buyer upon receipt of the full payment.
5.2 Unless Südtirol Products expressly agrees in writing to a binding delivery date, any information about delivery time shall be considered non-binding.
5.3 At the discretion of Südtirol Products, the order may also be delivered on several partial deliveries.
5.4 No delivery obligation applies in case of total or partial non-availability of the items ordered. In such cases, Südtirol Products undertakes to inform the Buyer. Any payments already made will be refunded.
5.5 Risk shall pass to the Buyer as soon as the goods are handed over to the first carrier for delivery.This principle also applies in case of partial deliveries.
6. Payment and retention of title
6.1 Full payment of the purchase (including shipping costs and, if applicable, packaging costs) is required upon confirmation of order. Place of payment is South Tyrol (Italy).
6.2 Payments can be made by:
6.2.1 Bank transfer free of charge for the recipient, indicating the order reference number as reason for payment and Südtirol Products as beneficiary to the following account:Raiffeisenkasse Castelrotto/Kastelruth – Ortisei/St. UlrichIBAN: IT52I0805623110000301005391BIC/SWIFT: RZSBIT21111
6.2.2 PayPal, to the following e-mail address: email@example.com
6.3 If, after confirmation of the order, the goods are not paid or not fully paid for, delivery may occur at the discretion of Südtirol Products, who retains the title to said goods until full payment is carried out.
6.4 Should a third party access the goods in the course of execution or insolvency proceedings or other proceedings, or if the goods are subject to access by third parties, the Buyer shall notify the third party of Südtirol Products' right of ownership, inform Südtirol Products immediately, and provide any support that may be necessary to safeguard the rights and interests of Südtirol Products.
7. Buyer’s right of withdrawal
7.1 In his capacity as “Consumer” pursuant to Italian Legislative DecreeNo. 206/2005 (the “Consumer Rights Code”), the Buyer is entitled to withdraw from the purchase contract within 10 (ten) working days from receipt of the goods, in accordance with Art. 64 et seq. of the Italian Consumer Rights Code.The intention to exercise the right of withdrawal must be notified in writing to Südtirol Products by registered mail with return receipt. The notice of withdrawal may also be sent by telegram or e-mail message (firstname.lastname@example.org), provided it is confirmed by registered mail with return receipt within the following 48 (forty-eight) hours.
7.2 The price shall be refunded after the return of the goods, which must be sent back to Südtirol Products at the Buyer’s expense within 10 (ten) days from the date of exercise of the right of withdrawal.
7.3 The right of withdrawal is ruled out if the goods are damaged, no longer in their original packaging, incomplete, or show signs of wear and tear.
8. Warranty & Liability
8.1 Product illustrations do not always correspond to the appearance of the delivered goods.
8.2 The liability of Südtirol Products is limited to wilful intent and gross negligence.Südtirol Products is under no circumstances responsible for defective performance resulting from an event of force majeure.
8.3 In case of obvious transport damages, the Buyer is to file any claims against the carrier directly.
10. Choice of law and jurisdiction
10.1 These General Terms and Conditions and all legal relationships between the Parties shall be governed by the laws of the Republic of Italy, excluding international civil law.
10.2 Where the Buyer does not qualify as Consumer in the sense of the Italian Consumer Rights Code, the exclusive court for all disputes arising from or in connection with contracts between Südtirol Products and said Buyer is South Tyrol (Italy).
11. Final provisions
11.1 Should any single provisions of these General Terms and Conditions be or become invalid in whole or in part, all other provisions shall remain in full force and effect.
11.2 The Buyer cannot register claims against Südtirol Products.11.3 Any subsidiary agreements, amendments and additions to these General Terms and Conditions must be made in written form.
11.4 In case of contradiction between the German version of these T&C and any of its translations, the German version shall prevail.