The following General Terms and Conditions regulate online sales between kOmMa5 Sas., with legal headquarters at Via Stazione 20A, Naturno, 39025, registered at the Bolzano Chamber of Commerce with Commercial Register No. 02886450218 and VAT No. 02886450218, hereafter referred to as the “Seller,” and the “Buyer.”
1 DEFINITIONS
1.1 “Online Purchase Agreement” denotes the contract for the sale of products on the part of the Seller; this contract is concluded between the Seller and Buyer within the framework of distance-selling, which the Seller organizes by means of a remote communication medium.
2 SUBJECT MATTER OF THE CONTRACT
2.1 In connection with the present contract, the Seller sells and/or the Buyer buys the products that are named and offered for sale on the website www.kOmMa5.it within the framework of the distance-selling of products organized by means of a remote communication medium.
2.2 The Products available for sale are presented on the website www.kOmMa5.com, together with corresponding product descriptions. It is possible that the image in the product description might not reflect the product’s characteristics in a way that is true to life; it could vary in color and size, as well as in terms of accessories and the labeling.
3 FORMATION OF PURCHASE AGREEMENT
3.1 The contract between Seller and Buyer is formed exclusively on the Internet after the Buyer accesses the site www.kOmMa5.com. In order to purchase the products mentioned under point 2.1 and 2.2 of Article 2, the Buyer must follow the instructions provided on the website when filling out the request form (order form).
4 CONTRACT CONCLUSION AND VALIDITY OF THE CONTRACT
4.1 The order will be finalized when the application is completely and correctly filled out and the purchase consent is issued online.
4.2 Once the Seller receives the order from the Buyer, the Seller sends a confirmation e-mail with a summary of the order, which can be printed out and in which the data described in point are shown.
4.3 The contract shall be deemed concluded as soon as the Seller accepts the Buyer’s order or a portion thereof and confirms by mail pursuant to point 4.2.
4.4 By placing an order, the customer declares to have viewed all of the information during the ordering process and expressly confirms that he or she is fully aware of the General Terms and Conditions, including those that are deemed improper pursuant to Art. 1341 et seq. of the Civil Code.
4.5 The contract between the parties is considered to be concluded and to be in force only when the conditions are met in accordance with point 4.4.
5 TERMS OF PAYMENT AND REFUNDS
5.1 Payment may be made only using the following methods: bank transfer, online with credit card and Paypal.
a) Bank transfers to: kOmMa5 Sas., Via Stazione No. 20A, Naturno, 39025;
Raiffeisenkasse Untervinschgau account details: IBAN: IT17 E081 5758 2810 0030 1001761
b) PayPal
6 DELIVERY TERMS AND CONDITIONS
6.1 Modalities, time periods and shipping costs for orders: The shipment of goods, by courier service, will take place upon receipt of payment for the ordered goods. Delivery periods vary depending upon destination. Shipping costs depend upon the size and weight of the goods. For deliveries to EU, the shipping costs are always calculated and displayed when the online order is input. For deliveries to all other countries, shipping costs will be communicated upon request.
6.2 The goods are checked before shipping, and are free of defects when handed over to the courier service. The Buyer may cancel an order by providing written notification to the Seller prior to delivery. Unless the damages are noted on the receipt of goods, the Seller is not liable for damages and is not required to make a replacement delivery or repairs. In addition, the complaint required on the courier service’s delivery note (the copy that the messenger keeps) must be stated as follows – “Merce danneggiata, accetto con riserva di controllo, pacco integro accetto con riserva; o similari che evidenziano danni o presunti danni – Damaged goods, receipt of goods subject to check; Package undamaged, receipt of goods with reservation” – in order to reference actual or possible damage either in this manner or with similar information. The complaint must be immediately made known to the messenger, and be sent to the e-mail address shop@komma5.it as well as to the courier service office that is responsible for the region.
6.3 The Seller shall not be liable for non-delivery of the goods to the address specified by the Buyer if the Buyer’s address details are incomplete. Any returns of undeliverable goods will be charged to the addressee. The Seller is not held liable for delay or lack of delivery in the event of inaccurate address data being provided by the Buyer, and has the right to cancel the contract, in whole or in part, or to suspend or delay the contract performance.
6.4 If the Buyer does not refund the shipping costs from the rejection of the goods within 15 days, the amount of which shall be communicated to him or her via e-mail, the Seller may take legal action against the Buyer. The order via Internet has the same legal force as an order in paper form that has been personally signed by the Buyer.
7 PRICES
7.1 All sales prices for the products displayed and presented on the website are stated in euro, and represent an offer to the public in the sense of Article 1336 of the Italian Civil Code.
7.2 The sale prices referred to in point 7.1 are inclusive of the VAT that is applicable at the time of order, inclusive shipping costs and include all other possible duties prescribed by law.
7.3 The Seller reserves the right to make price changes without notice.
7.4 In the event of a price that is clearly and obviously wrong, deviating from the normal retail price, the order may be canceled by the Seller as well as by the Buyer.
8 LIMITATION OF LIABILITY
8.1 In the event that an order cannot be executed within the contractually specified time period, the Seller is not liable for any delivery failures due to force majeure.
8.2 Except in the case of willful misconduct or gross negligence, the Seller cannot be held liable to the Buyer for faulty operation or malfunctions that are beyond its control, within the context of Internet usage.
8.3 The Seller shall furthermore not be held liable for damage, losses and expenses incurred by the Buyer due to lack of contract performance, for reasons that cannot be ascribed to the Seller; the Buyer shall only be entitled to a refund of the full purchase price and potential additional costs.
8.4 The Seller shall not be held liable for any fraudulent and unlawful use of credit cards, checks or other means of payment by third parties within the context of the payment process for the ordered goods, if the Seller can prove that all precautions have been applied in accordance with the current state of technology and reasonable diligence.
9 RIGHT OF WITHDRAWAL WITHIN THE MEANING OF LEGISLATIVE DECREE NO. 206/2005
9.1 The right of withdrawal is limited to products provided for in Legislative Decree No. 206/2005.
9.2 The Buyer has the right to cancel the contract, free of charge and without citing the reason, within 10 (ten) business days; the ten-day period begins when the goods reach the consumer.
9.3 If the Buyer exercises the right of withdrawal, he or she must notify the Seller by registered letter with return receipt at the following address: kOmMa5 Sas., Via Stazione No. 20A in 39025 Naturno, or by PEC at the address komma5ohg@pec.it . It is assumed that an electronic notice of withdrawal will be confirmed by means of a registered letter with return receipt sent to the above address within the following 48 (forty-eight) hours. The post office stamp on the confirmation is valid. Instead of this notice of withdrawal, the return of the goods within the same prescribed period is valid for the purpose of exercising the right of withdrawal. The stamp of the post office or the courier is valid.
9.4 Return of merchandise must, under all circumstances, take place no later than within 30 (thirty) days from the receipt of goods. In order to be entitled to a refund of the full purchase price, the goods must not under any circumstances be damaged and must be returned in a normal resalable condition
9.5 The only cost that the Buyer must bear in the case of cancellation, according to this article, is the cost of returning the goods to the Seller.
9.6 The Seller will refund the full amount that the Buyer paid within one week from receipt of the returned goods.
9.7 Upon receipt of the Buyer’s notice of withdrawal, the parties of this contract – with the exception of those obligations mentioned in the above points of this article – are released from their mutual obligations.
10 EXPRESS REASONS FOR CANCELLATION
10.1 The obligations for the Buyer as set forth in Point 4.4 and the guarantee of successful receipt of payment, whereby the buyer must make payment with means set forth in Article 5.1, are essential to this contract. Therefore it is expressly agreed that the non-fulfillment of even one of these commitments – insofar as this is not due to accident or force majeure – entails cancellation of the contract according to Article 1456 of the Italian Civil Code, without a court order being required.
11 DATA PROTECTION AND DATA PROCESSING
11.1 The Buyer’s personal information will be stored and processed as necessary for the use of the service, for management of the customer relationship and for the billing of amounts due from the Buyer.
11.2 The Buyer confirms that he or she has read the notice, pursuant to Article 13 of Data Protection Act No. 196 /03, and hereby grants express consent to the above-mentioned processing and dissemination of data. The Buyer may exercise his or her rights as set forth in Article 7 of Data Protection Act No. 196/03 at any time.
11.3 The data collected by the Seller could be used for the transmission of advertising and other communications, including via email. In addition, these data may be passed on to third parties for the preparation of statistics and/or for shipment of advertising material.
11.4 Please be advised that the website called up by the Buyer uses a retargeting system. In this case, cookies (small text files that the web browser stores on your computer) may be used to collect anonymous user profiles, thus making the use of targeted advertising possible, either on the websites of our partners or through advertisements on their pages. No person can be identified through the cookie; rather, anonymous information will only be stored in order to allow for targeted collection of interest-based marketing campaigns. By using our services, the Buyer explicitly agrees to the processing of data in the manner described herein, and for the aforementioned purpose. Declaration of Consent I agree to the use of cookies and therewith to the collection, storing and utilization of usage-data regarding me. I further agree that my data may be stored in the form of cookies at the end of the browser session and that it may be called up again, on my next visit to the website for example.
12 NOTICES AND COMPLAINTS
12.1 Written communications to the Seller and any complaints are only valid if sent to the following postal address: kOmMa5 Sas. Via Stazione No. 20A in I-39025 Naturno or to the address komma5ohg@pec.it by PEC mail.
13 PLACE OF PERFORMANCE
13.1 The place of performance for the services referenced in the contract is Naturno (BZ).
14 PLACE OF JURISDICTION / SEVERABILITY CLAUSE
14.1 The exclusive place of jurisdiction is the District Court of Bolzano. The contractual relationship of the parties is governed exclusively by Italian law to the exclusion of the provisions of the UN Sales Convention.
14.2 If any provision of this contract should become invalid, the validity of the General Terms and Conditions shall remain otherwise unaffected and will be superseded by formulation that is in keeping with the sense of the contract or by the statutory regulations.
15 FINAL PROVISION
15.1 Supplementary agreements are valid only in writing.
15.2 This contract supersedes all previous stipulations, understandings and agreements between the parties regarding the subject matter of the contract and replaces them. Pursuant to Article 1341 u. ff. of the Civil Code, the Buyer declares to have read and understood the provisions set forth in points 2,3,4,5,6,7,8,9,10,11,12,13,14 and 15 and explicitly accepts them. I expressly accept these terms and conditions.