General Terms and Conditions and Customer Information

Table of contents

1. scope of application
2. conclusion of contract
3. right of revocation
4. prices and terms of payment
5. terms of delivery and dispatch
6. liability for defects
7. applicable law, place of jurisdiction

1) SCOPE OF APPLICATION
1.1. These terms and conditions of “PRIMA SRL” (hereinafter “Seller”) apply to all contracts that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller with regard to the goods and/or services presented by the Seller in his online shop. Herewith the inclusion of own conditions of the customer is contradicted, unless otherwise agreed.
1.2. A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

2) CONCLUSION OF CONTRACT
2.1. The product descriptions contained in the seller’s online shop represent binding offers on the part of the seller.
2.2. The customer can accept the offer via the online order form integrated in the seller’s online shop. In the case of an order via the online order form, the customer, after having entered the personal order data, submits a legally binding acceptance of the contractual offer with regard to the goods contained in his shopping basket by clicking the button that concludes the ordering process. However, the offer can only be accepted if the customer accepts these terms and conditions by ticking the box “I have read the general terms and conditions and expressly agree to them”.
2.3. The seller will send the customer a confirmation of the order by post or email.
2.4. Upon acceptance of an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) together with the present General Terms and Conditions after dispatch of the order. In addition, the text of the contract is archived on the Seller’s website and can be accessed by the Customer free of charge via his password-protected customer account by providing the corresponding login data, provided the Customer has created a customer account in the Seller’s online shop before sending his order. In any case, the Seller will send the Customer an order confirmation with a note on how to download and print out the General Terms and Conditions using the “Print” function.
2.5. Before binding submission of the order via the online order form of the seller, the customer can correct his entries continuously via the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions. 2.6 If the customer acts as a consumer, only the Italian language is available for the conclusion of the contract.

3) RIGHT OF REVOCATION
3.1 In principle, consumers are entitled to a right of withdrawal. 3.2 Further information on the right of revocation can be found in the seller’s revocation instructions.

4) PRICES AND TERMS OF PAYMENT
4.1. Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2. The customer has various payment options at his disposal, which are indicated on the seller’s website.
4.3. If advance payment has been agreed, payment is due immediately after conclusion of the contract.
4.4. If the payment method “PayPal” is selected, the payment shall be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full This requires, inter alia, that the customer opens or already has a PayPal account.

5) DELIVERY AND SHIPPING CONDITIONS
5.1. The delivery of goods shall take place regularly by dispatch and to the delivery address specified by the customer. The delivery address stated in the Seller’s order processing is decisive for the transaction.
5.2. If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment.
5.3. Collection by the customer is not offered.

6) LIABILITY FOR DEFECTS
6.1. The statutory liability for defects shall apply.
6.2. For consumers, the limitation period for warranty claims is as follows
– for new goods, two years from delivery of the goods to the customer.
– for used goods, one year from delivery of the goods to the customer.
6.3. The assertion of claims for defects requires that the consumer notifies the seller of the defect within two months of discovery.

7) APPLICABLE LAW, PLACE OF JURISDICTION
7.1. If the customer acts as a consumer within the meaning of the clause
7.2. Italian law shall apply to all legal relationships between the parties, excluding the UN Convention on Contracts for the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract shall be the customer’s place of residence.
7.3. If the customer acts as an entrepreneur within the meaning of the clause
7.4. German law shall apply to all legal relationships between the parties, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of residence or business of the Seller.

8. Statutory warranty
8.1. The provisions on statutory warranty shall apply if the purchased goods are defective. In derogation of such provisions, the Customer shall be entitled to a replacement delivery; alternatively, the Customer may also request a price reduction to be negotiated individually with the Seller, based on the extent of the defect; the Customer has no right to claim termination of the contract. If the goods purchased are personalised goods or special ordered commission goods, replacement is excluded.
8.2. No claims for defects arise due to natural wear and tear or damages that occur after the transfer of risk owing to defective or negligent handling, excessive or incorrect use or to special external influences which are not stipulated under the contract. No claims for defects can be asserted for improper variations or repair works made by the Customer or by third parties and for any consequences resulting thereof.
8.3. The statute of limitations for claims of defects is one year from delivery. Defects must be notified within eight days after discovery under penalty of forfeiture of the claim. If notice is given upon expiry of the above deadlines, the Seller may take back the goods, at his own discretion and as a gesture of goodwill and reimburse up to 85 percent of the purchase price to the Customer. The transport costs for returned goods are borne by the Customer.
8.4. If replacement is made within the scope of liability for defects, the statute of limitations shall not restart again.
8.5. If supplementary performance by way of replacement has been affected, the Customer must return the goods first delivered to the Seller within 30 days. The return package must contain the reason for the return, the name of the Customer and the number attributed to the purchase of defective products in order to allow the Seller to identify the returned goods. If, and as long as, identification is impossible due to reasons attributable to the Customer, the Seller is not obliged to accept the returned products and to reimburse the price paid. The redelivery costs are borne by the Customer.

9. Liability
The Seller is liable for any contractual and legal claims of the Customer, including tortious claims for damages, as follows:
9.1. The Seller is fully liable for any legal grounds
– in the event of wilful misconduct or gross negligence,
– intentional or negligent harm to life, to the human body or to health,
– If promise of warranty, unless otherwise provided for in this regard.
9.2. Liability by the Seller is excluded in any other case.
9.3. The above liability provisions apply even with reference to the Seller’s liability for agents and legal representatives.

10. Pay and then claim (“solve et repete”)
10.1. The Customer may not invoke any exceptions in order to avoid or to delay payment of the amount owed to the Seller and, hence, expressly waives to seek any judicial and/or extra-judicial remedy and/or protection provided for under section 1462 of the Italian civil code before having performed the payment requested by the Seller.

11. Sole jurisdiction
11.1. The Court of Bolzano, Italy, shall have sole jurisdiction for any dispute arising in connection with these GTCS.

12. Severability clause
12.1. If a single provision contained in these GTCS is or becomes ineffective or unenforceable upon conclusion of the contract, this shall not affect the effectiveness of the remaining provisions of these GTCS. The ineffective or unenforceable provision shall be replaced by such an effective and enforceable provision that comes closest to the effects of the economic purpose(s) intended by the parties in framing the ineffective and/or unenforceable provision. The above provisions apply, mutatis mutandis, to any gaps contained in these GTCS.

13. Personal data
13.1. The personal data are made available, collected, stored and used solely for the purposes useful to and connected to the conclusion and the execution of the contract, including to the activities set up by the Seller in order to contact, acquire, manage and execute orders and to formalize, manage and control the relationship with the Customer as well as in order to comply with the administrative, legal and tax requirements and obligations connected to the orders made by the Customer. The data made available may additionally be used for the Seller’s marketing and advertising purposes (receipt of newsletters, ads, offers etc. by e-mail, SMS, MMS, by mail etc.), since the Customer has given express consent thereto, as provided for under section 130 of the Italian legislative decree no. 196/2003 on personal data protection and article 4 (11) and article 7 regulation (EU) 2016/679 (GDPR). The complete information on data processing is available on the website www.prima.bz.