General Terms and Conditions for online sales (B2C)
the Darko SAS, with registered office in 39011 Lana (BZ), Am Gries 28, VAT number 03084350218, registered in the Commercial Register of the Chamber of Commerce of Bolzano, entry VWV no. BZ - 230790, e-mail address: firstname.lastname@example.org, Tel.: +39 329 985 1068, in the person of the legal representative, Mr Oberhofer Manuel (hereinafter "Seller");
That the Seller operates the Internet site www.finoleum.com (hereinafter the "Internet Site");
- that the Internet Site is intended for business-to-consumer (B2C) transactions;
- that the term "General Terms and Conditions for Online Sales" means the purchase contract for consumer goods of the Seller concluded between the Seller and the Buyer within the framework of a distribution system organized by the Seller for distance sales; and
- that the trademark and the logo of the Website are the exclusive property of the Seller;
- that these terms and conditions regulate the online sale between Darko SAS and the buyer, who expressly declares that he is making the purchase for purposes that cannot be attributed to his commercial, business, craft or professional activity;
- that these preliminary remarks are an integral and essential part of the contract;
the following is agreed:
- Subject matter of the contract
- Acceptance of the terms and conditions
- Ordering modalities and sales prices
- Conclusion of contract
- Payment modalities
- Limitation of liability
- Warranty and customer service
- Obligations of the Buyer
- Right of withdrawal according to legislative decree no. 206/2005
- Express termination clause
- Processing of personal data
- Place of jurisdiction
- Applicable law and reference to the law
- Online mediation
- Final provisions
1.1 These general terms and conditions, which are made available to the Buyer for reproduction and retention in accordance with art. 12 of Legislative Decree no. 70 of 9 April 2003, shall govern the purchase of products at a distance and by means of distance communication through the website of the Seller, whose registered office is at 39011 Lana (BZ), Am Gries 28, VAT no. 03084350218, registered in the Commercial Register of the Chamber of Commerce of Bolzano, entry VWV no. BZ - 230790; e-mail address: email@example.com, Tel.: +39 329 985 1068.
1.2 By the present 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. Illustrations of the Products do not necessarily reflect their properties accurately.
1.4 The Seller undertakes to deliver the selected Products - if available - against payment of the corresponding amount in accordance with Article 3 of this Contract.
2.1 All orders are submitted by the Buyer to the Seller by completing the specified order process.
2.2 These General Terms and Conditions shall be reviewed "online" by the Buyer prior to completion of the order process. The transmission of the order on the part of the Buyer thus implies full knowledge of these Terms and Conditions and their full acceptance.
2.3 The Buyer, who transmits the confirmation of his order by telematic means, undertakes to fully accept the terms and conditions of business and payment described below and to comply with them in his business relations with the Seller; he declares that he has seen and accepts all the information provided by the Seller in terms of the above provisions, and he further acknowledges that the Seller is not bound by any terms and conditions to the contrary, unless they have been agreed in writing in advance.
2.4 In order to accept the Terms and Conditions, all sections of the online form must be filled in completely and accurately by following the instructions on the screen and finally ticking the boxes ACCEPTING THE TERMS AND CONDITIONS and PRIVACY INFORMATION and thus accepting them.
3.1 The prices of the Products indicated on the Website are expressed in Euros and include VAT. They are always indicative and must be expressly confirmed by e-mail by the Seller, who thereby accepts the order.
3.2 The product prices published on the homepage or in other sections of the Website are inclusive of VAT. The shipping costs, which vary depending on the ordered items and the selected destination country, are always calculated when entering the online order and are clearly indicated for the Buyer. The total cost of shipping to the Buyer's address is at the Buyer's expense, except in the case of exceptions and variations, which will be appropriately announced on the website and/or communicated by e-mail. In any case, the costs will be communicated to the Buyer before confirming the order.
3.3 Once the Buyer has found the desired product in the electronic online catalog at the address www.finoleum.com, he/she may place it in the electronic shopping cart without obligation. The content of the shopping cart can be viewed, changed or removed by the Buyer at any time. After confirming the shopping cart, the buyer must fill in 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.
4.1 The order is considered accepted by us only as soon as we send the customer a shipping confirmation by e-mail (within 3 working days for products ready for shipment, after 5 days at the latest) or by delivery of the goods in the designated period. The contract is concluded in the place where the legal seat of the Seller is located.
4.2 Only orders in household quantities are accepted. This shall also apply in the event that the placement of several orders by the same Customer exceeds the quantity customary for the household, even if the individual orders contain only a quantity of the Product customary for the household.
4.3 The Seller informs the Buyer, according to art. 12 of the GvD 70/2003, that each incoming order will be stored/kept in digital form on the server/paper at the Seller's headquarters, according to the criteria of confidentiality and data security.
4.4 Darko SAS wants to enter into contractual relations only with persons of legal age.
5.1 The purchase price is due for payment with the conclusion of the contract of sale.
5.2 payments of the buyer can be made only in the following forms: Prepayment by bank transfer or Sofortüberweisung (Stripe), online payment by credit card (Stripe) or PayPal. For more information on each payment method, please refer to the "Payment" page.
5.3 The possibility of discount deduction does not exist.
5.4 VAT-free export of goods:
All goods, except wines, sparkling wines and distillates, can be exported VAT-free, provided that the customer is in possession of a VAT number. To take advantage of this handling, a separate request must be made at the time of order completion. Attention. If the order contains food as well as wine, it is subject to the regulation as described below.
VAT-free export of wines abroad is possible only if the customer is in possession of an excise number for wine. If this is missing, the export of the wines must be carried out through an external forwarding company, which will incur additional costs. If this is required, please contact firstname.lastname@example.org directly.
7.1 The Seller shall not be liable if the goods are delivered late or not at all and this is due to cases of force majeure, such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods or other comparable events that prevent the timely execution of the contract in whole or in part.
7.2 The Buyer shall not hold the Seller liable for any malfunctions or interruptions beyond the Seller's control in connection with the use of the Internet, except in the event of intent 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 damages, losses and costs resulting from the non-execution of the Contract for the above reasons.
7.4 The Seller shall not be liable for any fraudulent and unlawful use of credit cards, checks and other means of payment by third parties when paying for the ordered Products, if the Seller can prove that it has taken all possible precautions according to the current state of knowledge and experience and with due diligence.
8.1 The Seller sells only original products of high quality. In case of any questions, complaints or suggestions, the Buyer may contact email@example.com. In order to ensure that questions, complaints or suggestions are dealt with quickly, the Buyer should describe the problem as accurately as possible and, if necessary, send copies of order documents or provide order number, customer number, etc.
8.2 In case of conformity defects, the provisions on the statutory warranty pursuant to Legislative Decree No. 206 of September 6, 2005 shall apply.
8.3 The warranty shall apply only to the products specified in Legislative Decree No. 206 of 6 September 2005.
9.1 The Buyer undertakes to pay the purchase price for the ordered goods in the term and form specified in the contract.
9.2 Upon completion of the ordering process, the Buyer shall print and keep these General Terms and Conditions, which he/she has already viewed and accepted in a mandatory step at the time of ordering, as well as the product specifications of the ordered product, in order to fully comply with the conditions set forth in Legislative Decree No. 206 of September 6, 2005.
9.3 The Buyer is strictly prohibited from entering false and/or fictitious and/or fantasy data when registering through the relevant online form. In the case of personal data and e-mail address, only the Buyer's own real data and not those of third parties or invented persons may be entered. Thus, the Buyer assumes full liability for the accuracy and truthfulness of the information provided in the registration form to complete the ordering process.
9.4 The Buyer indemnifies the Seller from 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.
9.5 When purchasing alcoholic products, the Buyer confirms and expressly declares that he/she has reached the minimum legal age of 18 years provided for the purchase of alcoholic products. In addition, the Purchaser of alcoholic products declares that the data submitted for the execution of the contract are true.
10.1 The right of withdrawal shall apply only to the products specified in Legislative Decree No. 206 of 6 September 2005.
10.2 For the products for which the right of withdrawal is not excluded, the Buyer may withdraw from the concluded contract without penalty and without giving any reason within 14 (fourteen) days from the receipt of the ordered goods. Any revocation shall be addressed to the Darko SAS, with registered office in 39011 Lana (BZ), Am Gries 28, VAT number 03084350218, e-mail address: firstname.lastname@example.org, Tel.: +39 329 985 1068
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 statement (e.g. a letter sent by mail, fax or e-mail). The Buyer may also use the model withdrawal form attached in Annex I, Section B of Legislative Decree No.21/2014, which, however, is not mandatory.
10.4 In order to comply with the withdrawal period, it is sufficient that the Buyer sends the notification of exercise of the right of withdrawal before the expiry of the withdrawal period. The burden of proof regarding the intended exercise of the right of withdrawal lies with the Buyer.
10.5 The return of the goods must be made without delay and in any case no later than within 14 (fourteen) days from the date on which the Buyer notified the Seller of its decision to withdraw from the contract. The Buyer shall be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
10.6 In the cases expressly provided for in Article 59 of Legislative Decree No. 206/2005, the Buyer may not exercise the right of withdrawal.
10.7 In case of exercising the right of withdrawal according to the provisions of this article, the Buyer shall bear the costs directly related to the return of the goods to the Seller.
10.8 The Buyer who exercises his right of withdrawal in accordance with the provisions of this Article shall be refunded all amounts already paid, including delivery costs, with the exception of 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 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 used by the Buyer in the original transaction, unless otherwise expressly agreed with the Buyer. However, Seller may refuse repayment until it has received the goods back or until Buyer has provided proof that it has returned the goods, whichever is earlier, unless Seller has offered to collect the goods itself.
10.9 Upon receipt of the notice in 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.
10.10 Exclusion of the right of withdrawal: the right of withdrawal does not apply to contracts for the supply of goods that can spoil quickly or whose expiry date would be quickly exceeded. There is no right of withdrawal, unless otherwise agreed, for contracts for the provision of services related to leisure activities, if the contract provides for a specific date or period for the provision. Accordingly, a right of withdrawal is also excluded in the case of contracts for the sale of tickets for scheduled leisure events.
11.1 The obligations foreseen for the Buyer in art. 9 are essential to this contract. It is therefore expressly agreed that the non-performance of even one of these obligations - unless due to accident or force majeure - shall result in the termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a court judgment.
12.1 Except for the cases expressly mentioned or those established 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.
12.2 Written communications to the Seller, as well as any complaints, shall be valid only if sent to the address of the Darko SAS, with registered office in 39011 Lana (BZ), Am Gries 28, VAT number 03084350218, registered in the Commercial Register of the Chamber of Commerce of Bolzano, entry VWV no. BZ - 230790, e-mail address: email@example.com, Tel.: +39 329 985 1068.
12.3 Either Party may change its e-mail address for the purposes referred to in this Article at any time, provided that it immediately notifies the other Party thereof in compliance with the forms referred to in the above paragraph.
14.1 In case of any dispute arising out of or in connection with this Agreement, the Parties shall jointly endeavor to find a fair and amicable solution.
14.2 In the event that a dispute cannot be settled amicably, it shall be submitted to the court in the district in which the Buyer is domiciled, in accordance with Article 66-bis of Legislative Decree No. 206/05, provided that the Buyer is domiciled on Italian territory; if the Buyer is not an end user, it is agreed that the court in Bolzano shall have exclusive jurisdiction over all disputes, even in derogation of the provisions on territorial jurisdiction.
15.1 The present contract shall be governed by Italian law.
15.2 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 September 6, 2005 (Consumer Code) shall apply.
For the consumer disputes arising from this contract in connection with the online sale of goods and services between Darko SAS and a consumer, we already guarantee our participation in the alternative dispute resolution procedure.
procedure for alternative dispute resolution at the ADR center "Onlineschlichter.it":
Zwölfmalgreiner Str. 2
39100 Bolzano (BZ)
Tel. 0471-975597 | Fax 0471-979914
The complaint to Onlineschlichter.it can be submitted via the website www.onlineschlichter.it. The complaint can also be submitted through the ODR platform of the European Commission at https://ec.europa.eu/odr.
17.1 This Agreement cancels and replaces all previous written and oral agreements, arrangements and negotiations of the Parties on the same subject of this Agreement.
17.2 The possible invalidity of individual provisions shall not affect the validity of the contract as a whole.
17.3 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 considered authentic and effective.