Graf Engineering & C. KG, Handwerkerzone 17 / A, I-39054 Klobenstein / Ritten, Italy will execute your order on the basis of the following general terms and conditions.
The following terms and conditions also contain legal information about your rights in accordance with the regulations on distance contracts and electronic business transactions.
1.1. For the business relationship between Graf Engineering & C. KG, Handwerkerzone 17 / A, I-39054 Klobenstein / Ritten, Italy (hereinafter referred to as "seller") and the customer (hereinafter referred to as "customer"), the following general terms and conditions apply exclusively at the time of Order valid version.
1.2. You can reach our customer service for questions, complaints and complaints on weekdays from 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m. on telephone number +39 0471 1727177 and by e-mail at email@example.com
1.3. Consumers within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can largely not be attributed to their commercial or independent professional activity (§ 13 BGB).
1.4. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.
2. Offers and service descriptions
2.1. The presentation of the products in the online shop is not a legally binding offer, but rather an invitation to place an order. Service descriptions in catalogs and on the seller's websites are not guaranteed or guaranteed.
2.2. All offers are valid "while stocks last" unless something else is noted for the products. Otherwise errors are reserved.
3. Order process and conclusion of contract
3.1. The customer can select products from the seller's assortment without obligation and collect them in a so-called shopping cart using the [Add to shopping cart] button. The customer can then proceed to the completion of the ordering process within the shopping cart using the [Proceed to checkout] button.
3.2. Using the [Buy] button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. Required information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print using the "Print" function (order confirmation). The automatic confirmation of receipt only documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller sends the ordered product to the customer within 2 days, hands it over or the shipment arrives has confirmed the customer within 2 days with a second email, express order confirmation or sending the invoice.
3.4. If the seller allows prepayment, the contract comes into effect with the provision of the bank details and payment request. If, despite the due date, the payment has not been received by the seller within 10 calendar days after the order confirmation has been sent, the seller withdraws from the contract with the result that the order is invalid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the item for prepayment is therefore made for a maximum of 10 calendar days.
4. Prices and shipping costs
4.1. All prices stated on the seller's website include the applicable statutory sales tax.
4.2. In addition to the stated prices, the seller charges shipping costs for the delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process
5. Delivery, availability of goods
5.1. If advance payment has been agreed, delivery will be made after receipt of the invoice amount.
5.2. If not all ordered products are in stock, the seller is entitled to make partial deliveries at his own expense, insofar as this is reasonable for the customer.
5.3 If not all ordered products are in stock, the seller is entitled to make partial deliveries at his own expense, insofar as this is reasonable for the customer.
5.4. If the ordered product is not available, because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any services already rendered.
5.5. Customers are informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
6. Payment arrangements
6.1. The customer can choose from the available payment methods as part of and before completing the order process. Customers are informed about the available means of payment on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. With all other payment methods, payment must be made in advance without deduction.
6.3. If third parties are commissioned with the payment processing, e.g. Paypal. their general terms and conditions apply.
6.4. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the appointment. In this case, the customer has to pay the statutory default interest.
6.5. The customer's obligation to pay default interest does not preclude the seller from asserting further default damages.
6.6. The customer is only entitled to offset if his counterclaims have been legally established or have been recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7. Retention of title
The delivered goods remain the property of the seller until full payment has been made.
8. Warranty for defects and guarantee
8.1. The guarantee is determined according to legal regulations.
8.2. The goods delivered by the seller are only guaranteed if they have been expressly given. Customers will be informed of the guarantee conditions before initiating the ordering process.
9.1. The seller's liability for damages is without prejudice to the other legal requirements, the following exclusions and limitations of liability.
9.2. The seller has unlimited liability if the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent breach of essential duties, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of duties, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer trusts regularly. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent violation of obligations other than those mentioned in the previous sentences.
9.4. The above limitations of liability do not apply in the event of injury to life, limb and health, for a defect after accepting a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. If the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
10. Storage of the contract text
10.1. The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the email address provided by him. With the order confirmation, the customer also receives a copy of the General Terms and Conditions along with cancellation policy and information on shipping costs and delivery and payment conditions. If you should have registered in our shop, you can view your orders in your profile area. In addition, we save the contract text, but do not make it accessible on the Internet.
11. Data protection
11.1 Insofar as data is collected when you visit the website of www.bachmann-rodel.com, we refer to the data protection declaration that can be called up online.
11.2 When initiating, concluding, processing and reversing a contract, Graf Engineering & C. KG, Handwerkerzone 17 / A, I-39054 Klobenstein / Ritten, Italy, tel. +39 0471 1727177, www.bachmann-rodel. com the first and last name of the contact person, company if applicable, the address (if different: delivery address), the e-mail address, telephone number (personal data). The data marked with an asterisk are required for the fulfillment of the contract; the specification of the other data is voluntary.
11.3 We collect, process and use the personal data exclusively for the purpose of executing the contract, for correspondence with the contractual partner in connection with the execution of the contract and for billing. If the contract partner does not want to provide the data, the contract cannot be carried out for legal reasons. The legal basis for data collection and use is Art. 6 Para. 1 b) GDPR regarding the required data as well as Art. 6 Para. 1 a) GDPR regarding voluntary data and Art. f) GDPR, insofar as our legitimate interests require it.
11.4 We are particularly entitled to transfer your data to third parties if and insofar as this is necessary to carry out pre-contractual measures and to fulfill this contract in accordance with Art. 6 Para. 1 lit. b) GDPR, to fulfill a legal obligation within the meaning of Art. 6 Para. 1 lit. c) GDPR or to enforce our legitimate interests in accordance with Art. 6 para. 1 lit. f) GDPR is required. A transmission can take place in particular at
a) Shipping service provider for the purpose of delivery
b) Payment institutions for the purpose of collecting claims, insofar as you have chosen direct debit as the method of payment
c) Order processors who work on our behalf, i.e. act on our instructions and on the basis of a contract.
d) Payment service provider - depending on the choice of payment method.
11.5 The company, first and last name, address and email address are stored for a period of 10 years in order to preserve the tax retention periods. The voluntary data, on the other hand, are only stored for as long as they are required. This is usually the case when the contract has been carried out.
11.6 You have the right to request information from us at any time about the personal data we have stored about you (Art. 15 GDPR). This also applies to the recipients or categories of recipients to whom this data is passed on and the purpose of storage. You also have the right, under the conditions of Art. 16 GDPR, to correct and / or under the conditions of Art. 17 GDPR to delete and / or, under the conditions of Art. 18 GDPR, to restrict processing to demand. You can also request data transmission at any time under the conditions of Art. 20 GDPR.
11.7 In the case of processing personal data for the protection of legitimate interests (Art. 6 Para. 1 Clause 1 f GDPR), you can object to the processing of your personal data at any time with future effect. In the event of an objection, we must refrain from further processing your data for the aforementioned purposes, unless
a) there are compelling reasons worthy of protection for processing that outweigh your interests, rights and freedoms, or
b) the processing is necessary to assert, exercise or defend legal claims
11.8 Please send all requests for information, requests for information, revocations or objections to data processing by e-mail or by fax / post to Graf Engineering & C. KG, Handwerkerzone 17 / A, I-39054 Klobenstein / Ritten, Italy, Tel. +39 0471 1727177, www.bachmann-rodel.com. For more information, we refer to the full text of the GDPR. You also have the option to complain to the responsible supervisory authority about data protection issues. The competent authority for us is the place of jurisdiction Bolzano.
12. Place of jurisdiction, applicable law, contract language
12.1. The place of jurisdiction and place of performance is the seat of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.
12.2. The contract language is German.
Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
Information regarding online dispute resolution pursuant to Art. 14 Para. 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.