General terms and conditions
General terms and conditions (B2C)
of Oberhöller Chocolate KG of Oberhöller Anton Siegfried & Co, with legal domicile in 39058 Sarnthein (BZ), Handwerkerzone 4, VAT. No. 02891120210, registered in the Commercial Register of the Chamber of Commerce of Bolzano, entry No. BZ - 214168, e-mail address: info@oberhoeller.com, PEC oberhoellerchocolate.kg@pec.rolmail.net, tel. +39 0471 622 016 (hereinafter "Seller");
Provided:
- That the Seller operates the oberhoeller.com website (the "Website");
- that the Website is intended for business-to-consumer (B2C) transactions;
- that the term "General Terms and Conditions (B2C)" means the contract of sale of the Seller's products concluded between the Seller and the Buyer under a distribution system organised by the Seller for distance selling;
- that the present Terms and Conditions govern the sale at a distance between the Seller and the Buyer, who expressly declares that he is making the purchase for purposes which cannot be attributed to his trade, business, craft or profession;
- that the trademark and logo are the exclusive property of the seller;
- that these preliminary remarks form an integral and essential part of the contract;
Subject matter of the contract:
Subject matter of the contract
1.1 The present General Terms and Conditions, which are made available to the Buyer for reproduction and retention in accordance with Article 12 of Legislative Decree no. 70 of 9 April 2003, concern the purchase at a distance and by means of distance communication of the Seller's products.
1.2 By this contract, the seller sells and the buyer purchases at a distance the products listed and offered for sale on the seller's website.
1.3 The essential characteristics of the Products are described on the Seller's website. The Buyer is aware that the delivered product may have slight differences compared to the image shown on the Website.
1.4 The Seller undertakes to deliver the selected Products, if available, against payment of the relevant amount in accordance with Article 3 of this Contract.
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 These Terms and Conditions, together with the Privacy Policy, shall be reviewed by the Buyer "online" prior to completion of the Order Process. In order 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 ticking the ACCEPT THE TERMS AND CONDITIONS box to accept them. The Buyer will also be presented with the PRIVACY INFORMATION, in relation to which, if necessary, consent to the processing of personal data will be given or withheld.
The transmission of the order by the Buyer therefore implies full knowledge of these conditions and their full acceptance.
2.3 The Buyer undertakes to fully accept and comply with the terms and conditions of sale and payment described below; it declares that it has read and accepts all the information provided by the Seller for the purposes of the aforementioned provisions and it also acknowledges that the Seller is not bound by any terms and conditions to the contrary, unless they have been agreed in writing in advance.
Selling prices and ordering modalities
3.1 The Product prices indicated on the Website are expressed in Euros and are inclusive of VAT. Product prices are always indicative and must be expressly confirmed by e-mail by the Seller, who thereby accepts the order. In any case, the Seller reserves the right to make price changes on the Website.
3.2 The costs of delivery to the address indicated by the Buyer shall be borne by the Buyer, except in the case of exceptions and variations, which shall be duly indicated on the Website and/or communicated by e-mail. In any case, the costs will be communicated to the Buyer before the order is confirmed.
3.3 The Buyer may select the desired product in the electronic online catalogue at the address www.oberhoeller.com and place it in the electronic shopping basket without obligation. The contents of the shopping basket can be viewed, changed or removed by the buyer at any time. After confirming the shopping basket, the buyer must fill out the application form correctly and completely and give consent to the purchase online. The ordering process can be cancelled at any time by closing the browser window.
3.4 The receipt of the order is not binding for the seller until he has expressly accepted the order by e-mail. After the seller has checked the availability of the ordered product, he confirms the formal acceptance of the order received with an e-mail which again reproduces the essential order data.
3.5 The Buyer expressly grants the Seller the right to accept the order even partially (for example, if not all ordered products are available). In this case, the contract shall be deemed to have been concluded for the products actually sold.
Conclusion of the contract
4.1 The contract concluded via the Website is concluded at the time when the Buyer receives by e-mail the formal order confirmation by which the Seller accepts the Buyer's order and informs the Buyer that it can execute the order. The contract shall be deemed to have been concluded at the place where the Seller's legal domicile is located.
4.2 Pursuant to Art. 12 of GvD 70/2003, the Seller shall inform the Buyer that any incoming order will be stored or kept in digital form on the server/paper at the Seller's registered office in accordance with the criteria of confidentiality and data security.
Payment modalities
5.1 Payments by the Buyer may only be made in the following forms:
a) Advance payment to the bank account of Oberhöller Chocolate KG of Oberhöller Anton Siegfried & Co. at Raiffeisenkasse Sarntal, IBAN: IT25O0823358870000300056162, SWIFT (BIC): RZSBIT21032;
b) Online payment by credit card;
5.2 The Products shall remain the property of the Seller until paid for in full.
5.3 The Products will not be dispatched until payment has been received.
Delivery modalities
6.1 The Seller will deliver the Products, selected and ordered in accordance with the modalities described in the preceding Articles, by courier to the address indicated by the Buyer.
Delivery is possible in the following countries: Italy, Germany, Austria.
Normally, delivery is made within 10 working days from the conclusion of the contract. In the event that the Seller is unable to deliver within the aforementioned period, the Buyer will be notified of this in good time by e-mail.
6.2 The Seller shall not be liable for any delay or failure to deliver the Products in the event of inaccurate or incorrect address details provided by the Buyer.
6.3 Upon receipt of the Products, the Buyer must verify that the Products delivered correspond to the order. Only after this verification may the Buyer sign the delivery documents, subject to the right of withdrawal provided for in art. 10 of the Terms and Conditions.
6.4 In the event of self-collection from the Seller's registered office, no delivery charges will be payable. Unless otherwise stated, the buyer may collect his order from Oberhöller Chocolate KG of Oberhöller Anton Siegfried & Co. in 39058 Sarnthein (BZ), Handwerkerzone No. 4, during the opening hours indicated on the website.
Limitation of liability
7.1 The Seller shall not be liable if the Products are delivered late or not at all and this is due to cases of force majeure, such as accidents, explosions, fires, strikes and/or lock-outs, earthquakes, floods or other comparable events which prevent the timely performance of the contract in whole or in part.
7.2 The Buyer shall not hold the Seller liable for any malfunction or interruption beyond the Seller's control in connection with the use of the Internet, except in the case of wilful misconduct or gross negligence on the part of the Seller.
7.3 The Seller shall not be liable to the contracting parties or third parties for any damage, loss or costs resulting from the non-performance of the contract for the reasons stated above.
7.4 The Seller shall not be liable for any fraudulent and unlawful use of credit cards, cheques and other means of payment by third parties in the payment of the Products ordered, if the Seller can prove that it has taken all possible precautions in accordance with the current state of knowledge and experience and with due care.
Warranty and customer service
8.1 The Seller only sells products of high quality. In case of questions, complaints or suggestions, the Buyer may contact the Seller at the following e-mail address: info@oberhoeller.com. In order to ensure that questions, complaints or suggestions are dealt with quickly, the Buyer should describe the problem as precisely as possible and, if necessary, send copies of order documents or quote the order number, customer number, etc.
8.2 In the event of conformity defects, the provisions on the legal warranty obligation pursuant to Legislative Decree No. 206 of 6 September 2005 shall apply.
8.3 The warranty only applies to the products specified in Legislative Decree No. 206 of 6 September 2005.
Obligations of the buyer
9.1 The buyer undertakes to pay the purchase price for the products ordered within the period and in the form specified in the contract.
9.2 The Buyer is strictly prohibited from entering false and/or invented and/or fictitious data when registering via the relevant online form. In the case of personal details and e-mail address, only the Buyer's own real data may be entered and not those of third parties or invented persons. The Buyer thus assumes full liability for the accuracy and truthfulness of the information provided to complete the order process.
9.3 The buyer indemnifies 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.
Right of withdrawal under Legislative Decree No. 206/2005
10.1 The right of withdrawal only applies to the products mentioned in Legislative Decree No. 206 of 6 September 2005. Products such as personalised products or products with an expiry date that is about to expire are therefore excluded.
10.2 For those products for which the right of withdrawal can be exercised, the Buyer has the right to withdraw from the concluded contract without penalty and without stating reasons within 14 (fourteen) calendar days from receipt of the ordered products. Any revocation shall be addressed to Oberhöller Chocolate KG of di Oberhöller Anton Siegfried & Co, with registered office in 39058 Sarnthein (BZ), Handwerkerzone Nr. 4, e-mail: info@oberhoeller.com, Tel.: +39 0471 622 016.
10.3 If the Buyer wishes to exercise his right of withdrawal, he must inform the Seller of his decision to withdraw from the contract by means of a clear declaration (e.g. a letter sent by post, by e-mail or by telephone). The Buyer may also use the model withdrawal form for this purpose, which is, however, not mandatory.
10.4 In order to comply with the withdrawal period, it is sufficient for the Buyer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. The burden of proof with regard to the intended exercise of the right of withdrawal lies with the buyer.
10.5 The Products 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 its decision to withdraw from the Agreement. The Buyer must pay for any loss in value of the Products if such loss in value is due to handling of the Products that is not necessary for checking the nature, characteristics and functioning of the Products.
10.6 When exercising the right of withdrawal in accordance with the provisions of this article, the buyer shall bear the costs directly associated with the return of the products to the seller.
10.7 The Buyer who exercises his right of withdrawal in accordance with the provisions of this Article will be refunded all sums already paid, including the delivery costs, with the exception of the additional costs incurred because the Buyer expressly opted for a type of delivery other than the cheaper standard delivery offered by the Seller. The refund will be made without delay and in any case 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 that was used by the buyer in the original transaction, unless expressly agreed otherwise with the buyer. However, the Seller may refuse repayment until it has received the Products back or until the Buyer has provided proof that it has returned the Products, whichever is the earlier.
10.8 Upon receipt of the notice by means of which the Buyer notifies the Seller of the exercise of the right of withdrawal, the parties shall be released from their respective obligations, without prejudice to the provisions of this Article.
Communications
1.1 Except as expressly stated or as provided by law, communications between the Seller and the Buyer shall preferably be made by e-mail messages sent to the respective e-mail addresses, which shall be considered by both Parties as a valid means of communication and the use of which cannot be objected to in court solely on the basis of the fact that they are electronic documents.
11.2 Written notices to the Seller and any complaints shall only be valid if sent to the following address: Oberhöller Chocolate KG of Oberhöller Anton Siegfried & Co, 39058 Sarnthein (BZ), Handwerkerzone No. 4, e-mail: info@oberhoeller.com.
11.3 Either Party may change its e-mail address for the purposes referred to in this Article at any time, provided that the other Party is promptly notified thereof in compliance with the forms referred to in the above paragraph.
Processing of personal data
12.1 In accordance with EU Regulation No. 679/2016 (DSGVO), we inform you that the data controller is Oberhöller Chocolate KG of Oberhöller Anton Siegfried & Co.
12.2 The personal data provided by you will be processed and stored in paper and/or electronic form. The data will be processed for the following purposes and may be forwarded to external processors (tax advisors, auditors, courier services, etc.): for the administration of orders, delivery of products and all related obligations.
12.3 The data will be kept for the time necessary to provide the requested service and in accordance with other civil and tax regulations.
12.4 The data will not be transferred to third countries outside the EU.
12.5 In accordance with Art. 15 of the GDPR, you have the right to obtain information about your data at any time, to delete, correct, update, integrate and revoke your data.
12.6 The data controller does not make use of automated decision-making processes.
12.7 The detailed privacy policy on the processing of personal data is available on the website.
Dispute resolution and place of jurisdiction
13.1 In the event of any dispute arising out of or in connection with this Agreement, the parties shall jointly endeavour to find a fair and amicable solution.
13.2 In accordance with EU Regulation No. 524/2013, the Buyer is informed by the Seller that, in the event of a dispute, the Buyer may submit a complaint via the European Union's online dispute resolution platform (ODR platform), which is accessible at the following link: http://ec.europa.eu/consumers/odr/.
The ODR platform is a contact point for consumers who wish to settle disputes that fall within the scope of online sales contracts or online service contracts out of court. For this purpose, the e-mail address of Oberhöller Chocolate KG of Oberhöller Anton Siegfried & Co. is: info@oberhoeller.com.
13.3 In the event that a dispute cannot be settled amicably, it shall be submitted, in accordance with Article 66-bis of Legislative Decree no. 206/05, to the court in the district of the buyer's domicile, if this is located on Italian territory; if the consumer is from another EU member state, the dispute shall be submitted to a court in the member state in the territory of which this contracting party is domiciled or to the court in the place where the consumer is domiciled.
Applicable law and reference to the law
14.1 The present contract is governed by Italian law. This does not exclude - in the case of a sales contract between a consumer of another EU member state and the seller - the application of the law of the EU member state in which the consumer is domiciled, insofar as this should protect the consumer more extensively.
14.2 Unless otherwise expressly stipulated herein, the legal provisions applicable to the business relationships and transactions provided for in this contract and, in any case, the provisions of the Italian Civil Code and Legislative Decree No. 206 of 6 September 2005 (Consumer Code) shall apply.
Final provisions
15.1 This contract cancels and replaces all previous written and oral agreements, understandings and negotiations between the parties on the same subject matter of this contract.
15.2 The possible invalidity of individual provisions shall not affect the validity of the contract as a whole.
15.3 These General Terms and Conditions have been drawn up in Italian and in German. The contracting parties agree that in the event of any difficulties of interpretation, the text in Italian shall be deemed authentic and effective.