GENERAL TERMS AND CONDITIONS OF SALES AND CUSTOMER INFORMATION


General Terms and Conditions of Sales and customer information of the contracts concluded between MONTANA by Mahlknecht Ivo & Co. SAS-KG – hereafter referred to as "Seller" - and the customer – hereafter referred to as "Customer".


Area of application and general information

  1. With the exception of peculiar individual agreements, which take priority of application over the General Terms and Conditions of Sales, the following Terms and Conditions will be applied to the business relationships between Seller and Customer. Unless otherwise agreed, the inclusion of the Customer's own conditions will be denied.
  2. The Customer who concludes the trade contract for purposes which can be regarded as being outside his trade or profession is considered "Consumer". Those natural or legal persons, public or private, who conclude a trade contract in the context of their entrepreneurial or professional activity, are considered "Entrepreneur".

§ 2 Contract conclusion

  1. Every promotion on display on the Online Shop constitutes a non-binding invitation for the Customer to present an offer of purchase to the Seller. On the order reception the Seller will send an order confirmation to the Customer, usually by email (order confirmation). The order confirmation does not automatically constitute the acceptance of the purchase offer, but it only serves as a confirmation that the order has been received. After having received the order, the Seller will examine it and will inform the Customer within two days if the order has been accepted (order acceptance confirmation). The order transaction follows the steps below:
  2. The Customer can select a product from the Seller's catalogue and put it into the cart by clicking on the "Add to cart " button. The products present in the cart can be visualized by clicking on the "Cart" button. By clicking on the "Buy it now" button the customer submits a binding purchase offer, concerning the items in the cart. Before sending the purchase offer the Customer can visualize and modify the data any time. To submit the order, the Customer has to declare that he accepts the General Terms and Conditions of Sales by clicking on the "I accept terms and conditions" button.
  3. Once the order has been submitted the Customer will receive an automatically generated email containing a printable order confirmation. The Customer will be able to visualize again the details of the order. This operation does not constitute yet the purchase offer acceptance, but only the order reception confirmation. The contract can be considered concluded only with the order acceptance by the Seller who will send an order acceptance email to the Customer.

§ 3 Subject of the contract, products' characteristics, shipping, items availability

  1. The subject of the contract is constituted by the products and the services named by the Customer in the order and consequently in the order confirmation and in the order acceptance confirmation sent by the Seller. The prices for the products are those indicated on the Online Shop website at the moment of purchase. Mistakes may occur, in particular with reference to the product availability.
  2. The nature of the ordered goods matches the products' descriptions provided by the Seller in the Online Shop. All product related pictures provided online are only indicative; in particular the colors may vary considerably due to technical reasons. The pictures have only illustrative purposes. Technical data (e.g. weight, dimensions and other technical specifications) are provided in the most accurate way, although variations may occur. The properties here described do not take into account possible defects of the products.
  3. If the ordered product turns out to be temporarily not available, the Seller will inform the Customer in the order acceptance confirmation. If the product turns out to be permanently out of stock the order will be cancelled and consequently the contract will not be concluded.
  4. If the ordered product is temporarily not available, the Customer will be informed in the order acceptance confirmation email which the Seller will send to the Customer. If the delivery delay exceeds two weeks, the Customer has the right to withdraw from the contract. Furthermore, in this case the Seller is authorized to withdraw from the contract as well, refunding already fulfilled payments.

§ 4 Retention of property

The goods remain the Seller's property until the purchase price has been paid in full.

§ 5 Delivery, prices, shipping costs

  1. In the case of payment by bank transfer the seller will deliver the purchased goods to the shipping courier immediately after receiving the payment. In all other cases (other methods of payment) the goods will be shipped immediately after sending the order acceptance confirmation.
  2. All prices indicated on the website include VAT.
  3. The customer must pay for the shipping of the purchased products. Shipping costs will be indicated on the purchase order form.
  4. Orders will be shipped by postal service.

§ 6 Method of payment, Set-off, Retention

  1. Payment is possible by bank transfer, cash-on-delivery or Pay Pal.
  2. Payment is due immediately after entering the contract. If payment does not occur the Costumer is in default. In this case the Seller shall be entitled to charge an annual interest rate of 5 percentage points above the base interest rate from the day on which the default situation begins.
  3. The Customer’s obligation to pay the default interests shall not affect the Seller’s right to claim further compensation of damage from the customer.
  4. The Customer shall only be entitled to claim set-off if his counterclaims have been determined res juridical, if they are undisputable or if they have been acknowledged by the Seller in written form. The Customer may only use his right of retention to the extent that his counterclaim is based on the same contractual relationship and legal transaction.

§ 7 Warranty in case of defective products

  1. Supplier guarantees for defective goods according to the legal regulations.
  2. Products are warranted only if explicitly marked on the order acceptance confirmation.

§ 8 Liability

  1. Compensation claims by the Customer are excluded. Expressly exempted from the restriction or exclusions of warranty are compensation claims resulting from injury to life, body or health of a human being caused by or the infringement of fundamental contractual obligations (cardinal duties), as well as compensation claims for other damages which arise from intentional or negligent breach of duty on the Seller’s part or on the part of his legal representatives and vicarious agents.
  2. In case of breach of fundamental contractual obligations according to what is mentioned in paragraph 1, the Seller shall only be liable for to the contract-typical, foreseeable damage if such was caused by negligence, unless there are compensation claims for damages to the Customer arising from injury to life, body or health.
  3. Fundamental contractual obligations referred to in paragraph 1 are the liability for breach of obligations, whose fulfillment renders a correct execution of the contract and on whose compliance the customer may generally rely.
  4. The limitations of liability mentioned in paragraphs 1 and 2 shall also apply to the personal liability of our employees, legal representatives and vicarious agents if claims are asserted directly against them.
  5. Die Vorschriften des Produkthaftungsgesetzes bleiben unberührt.

§ 9 Information on data processing

  1. The Seller collects data from Customers in the course of processing contracts. When collecting data the Seller complies with the data protection laws. Without the Customer’s consent to process data, the Seller will only collect, process and use the data to the extent necessary for managing the contractual relationship.
  2. Without the Customer’s consent the collected data will not be used for purposes of advertising, market research or opinion polls.
  3. The customer always has the option to retrieve the data stored by him under the button “My Account” in his profile, and to change or delete the saved data. For all other matters in relation to Customer's consent and for further information on data collection and processing, Customers are referred to the data protection statement that can be downloaded and printed any time via thebutton “Data Protection”.

§ 10 Final provisions

  1. The relations between Seller and Customer shall be ruled exclusively by Italian laws, with the exception of the Uniform Law on the International Sale of Goods.
  2. If the Customer is merchant, corporate body under public law or special fund under public law, the legal venue for all disputes arising from the contractual relationship between the Customer and the Seller is the registered office of the Seller.
  3. The contract shall remain binding even if any of the provisions should prove legally invalid. The remaining provision shall remain valid.

Origin Rechtsanwalt Metzler - Rechtsanwalt für Wettbewerbsrecht, Markenrecht und Internetrecht