Terms and Conditions of AVOTECNICA SRL
Index
- Scope of application
- Conclusion of the contract
- Right of withdrawal
- Prices and payment terms
- Shipping and delivery conditions
- Reservation of ownership rights
- Warranty
- Campaign Voucher Redemption
- Redeeming Gift Cards
- Applicable law
- Competent court
- Alternative Dispute Resolution
- Cancellation Policy
- Terms of the right of withdrawal
- Order Cancellation Times
- Effects of cancellation
1) Scope of application
1.1 These General Terms and Conditions of the company AVOTECNICA SRL (hereinafter referred to as the "Seller") apply to all contracts concluded between a consumer or a professional (hereinafter referred to as the "Customer") and the Seller relating to the goods and/or services offered in the Seller's online shop. The inclusion of the Customer's conditions is hereby objected to, unless otherwise stipulated.
1.2 These Terms and Conditions also apply to the purchase of vouchers, unless otherwise expressly agreed.
1.3 These Terms and Conditions also apply to contracts relating to the delivery of vouchers, unless otherwise expressly agreed.
1.4 A consumer, within the meaning of these Terms and Conditions, is any natural person who enters into a legal contract for a purpose that is not primarily attributable to a commercial or independent professional activity. A professional, within the meaning of these Terms and Conditions, is any natural or legal person or company with legal capacity who is acting in the performance of a commercial or independent professional activity at the time of entering into a legal contract.
1.5 Digital content, within the meaning of these General Conditions, is all data not on a material medium which is produced in digital form and is provided by the Seller by granting certain usage rights precisely defined in these General Conditions.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller's online shop do not constitute binding offers on the part of the Seller, but merely serve to submit a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's shop. After placing the selected goods and/or services in the virtual shopping cart, completing the ordering process and clicking on the button to finalize the order, the Customer submits a binding offer of contract relating to the goods and/or services contained in the shopping cart. The Customer can also send his offer to the Seller by telephone, fax, e-mail or postal service.
2.3 The Seller may accept the Customer's offer within five days, by:
- sending a written order confirmation or an order confirmation by fax or e-mail, insofar as receipt of the order confirmation by the Customer is decisive;
- delivery of the ordered goods to the Customer, to the extent that receipt of the goods by the Customer is decisive;
- request for payment by the Customer after the order.
In the event of one of the above alternatives, the contract is concluded when one of these options occurs for the first time. If the Seller does not accept the offer within the time period indicated above, this will be considered a rejection of the offer and the Customer will no longer be bound by his declaration of intent.
2.4 If the Customer chooses "PayPal Express" as the payment method, the payment is handled by PayPal (Europe) Sarl et Cie, SCA The PayPal terms of use apply, which can be viewed at: PayPal Conditions . In the event that the Customer does not have a PayPal account, the conditions for payments without a PayPal account apply, which can be viewed here: PayPal Terms . In such a case, the Seller considers the Customer's offer accepted at the moment the Customer initiates the payment via PayPal.
2.5 In the case of an order via the Seller's online form, the text of the contract will be stored by the Seller and sent to the Customer in writing, including these Terms and Conditions (e.g. by e-mail, fax or letter), after the Customer has sent his order. In addition, the text of the contract will be stored on the Seller's website and can be consulted by the Customer by logging into his customer account, provided that the latter has created an account in the Seller's online shop before sending the order.
2.6 Before submitting a binding order via the Seller's online order form, the Customer can recognize any input errors by carefully reading the information displayed. The Customer can correct errors via the keyboard and mouse during the ordering process, until he clicks on the button to finalize the order.
2.7 The German language is available exclusively for the conclusion of the contract.
2.8 Order processing and contacting generally takes place via email, and automated order processing. It is the Customer's responsibility to ensure that the email address provided is correct, so that emails sent by the Seller can be received. In particular, if SPAM filters are used, the Customer must ensure that all emails from the Seller or third parties commissioned by him can be delivered.
2.9 When ordering alcoholic beverages, the Customer confirms that he/she has reached the minimum legal age requirement and undertakes to ensure that only he/she or an authorised adult will receive the goods.
3) Right of withdrawal
3.1 Consumers have the right to withdraw from the contract within 14 working days.
3.2 Details on the right of withdrawal are provided in the Seller's instructions on cancellation.
3.3 The right of withdrawal does not apply to consumers who are not citizens of a Member State of the European Union at the time of conclusion of the contract and whose exclusive domicile and delivery address are located outside the European Union at the time of conclusion of the contract.
4) Prices and payment conditions
4.1 The prices indicated include the statutory sales tax, unless otherwise stated. Delivery costs, if applicable, will be indicated separately in the product description.
4.2 Payment can be made using one of the methods indicated in the Seller's online shop.
4.3 In the case of delivery outside the European Union, additional costs may arise which are the responsibility of the Customer. These include bank charges, customs duties or import taxes.
4.4 If the payment method selected is "purchase on account", payment is due after delivery of the goods and invoicing. Payment must be made within 7 days of receipt of the invoice.
4.5 If payment by SEPA direct debit is selected, the invoice amount is due upon issuance of the mandate, but not before the expiry of the pre-notification period.
4.6 When payments are made via PayPal, processing is handled by the payment service provider PayPal. The Customer must comply with PayPal's terms of use for payment processing.
5) Shipping and delivery conditions
5.1 The ordered goods will be shipped to the delivery address indicated by the Customer. Delivery usually takes place within 1/3 working days for the national territory, 3/5 days for islands, except for unforeseen situations or causes of force majeure. For international EU shipments, shipping times are calculated based on the selected courier, approximately 3/5 working days, except for unforeseen situations or causes of force majeure.
5.2 The Seller is not responsible for delays caused by any courier failures or customs problems.
5.3 Shipping costs are indicated separately in the ordering process. Any import taxes or other customs charges are the responsibility of the Customer.
6) Retention of property rights
6.1 The Seller retains ownership of the goods until the price has been paid in full by the Customer.
7) Warranty
7.1 The warranty on the products sold is that provided by law. The Customer has the right to the replacement or repair of defective products, if requested within a period of 2 years from the date of purchase.
8) Redeeming campaign vouchers
8.1 Promotional vouchers or other discounts offered by the Seller cannot be combined with other offers and must be used within the terms established in official communications.
9) Redeeming Gift Cards
9.1 Gift vouchers can only be used in the Seller's online shop and are not transferable to third parties.
10) Applicable law
10.1 The contracts are governed by Italian law, with the exception of the provisions on private international law.
11) Competent court
11.1 The competent court for all disputes arising from the contract is the court of residence of the Customer, if the latter is a consumer.
12) Alternative dispute resolution
12.1 The parties shall attempt to resolve any dispute through arbitration or mediation.
13) Cancellation Terms
13.1 The Customer has the right to cancel an order without incurring additional costs up until the moment the goods are sent.
14) Terms of the right of withdrawal
14.1 The Customer may exercise the right of withdrawal within 14 days of receiving the goods.
15) Order cancellation times
15.1 Orders can be cancelled up until the time of dispatch.
16) Effects of cancellation
16.1 If the Customer cancels the order, the Seller will refund the entire amount paid, excluding shipping costs.