General conditions
Premise
The following General Conditions of Sale regulate the offer and sale of products on the website http://amoeniloci.it ("Site") between Roberta Crescentini UID ATU75588026 and the final consumer (hereinafter: "Customer").
General informations
As a result of the orders formulated by the Customer and regularly received and accepted by the Company with this contract, Amoeni Loci transfers or undertakes to transfer ownership of these goods to the Customer and the latter pays or undertakes to pay the price.
The purchase of goods can take place in the following ways:
The products to be purchased are presented on the website, by e-mail. Amoeni Loci serves the final consumer, who receives the products for sale. Persons with a VAT number who intend to have an invoice must request it, indicating all the data at the time of the order.
Electronic commerce is exclusively aimed at adult end-users. To proceed with the purchase, you must declare that you are of legal age.
The products will remain the property of "Amoeni Loci" until the customer has paid the purchase price, any shipping costs and any other additional costs, as indicated in the purchase order and according to the methods specified to the next point.
How to order - sales contract
The order can be made through the channels indicated in point 2 above.
In particular, when using the channel represented by the Website, the customer selects the products or offers that are automatically placed in the cart. To confirm his purchases, the customer accesses the shopping cart session by clicking the "add to cart" button and completes the order form that appears on the screen and whose content (products or errors) can be modified by the customer at any time prior to the conclusion of the order. Along with the contents of the cart, the customer will see the relative amount to be paid which will be automatically updated if the customer changes the selected products or quantities.
By clicking on the relevant button, the customer will continue and fill in the form with the necessary information for billing (if required), payment and delivery.
Before the final confirmation, the cart will be dispayd again with the relative amount to be paid.
The sales contract will be concluded only when the customer has accepted the terms of sale provided for in the contract by clicking on the "PROCEED WITH PAYMENT" button. If the customer does not proceed with the confirmation of acceptance of the sales contract by selecting the "PROCEED WITH PAYMENT" button, the sales contract will not be considered successful. No payment will be due and the customer will not receive the selected products. "Amoeni Loci", however, will send the customer an email summarizing the order and its status, containing the following information: a summary of the general conditions and details applicable to the contract, information on the essential characteristics of the good or service, details of the price and the means of payment, details of the withdrawal, delivery costs and taxes applied.
If the product presented on the site is no longer available or on sale after sending the purchase order and the simultaneous payment, "Amoeni Loci" will promptly notify the customer of the unavailability of the product and will contact the customer to agree alternatively :
1) replacement with another product of equal value, after sending the duly signed "confirmation of replacement" form;
or 2) reimbursement of the price paid, which "Amoeni Loci" will provide within 5 (five) days.
It is not possible to replace the purchased product with another without additional costs.
In the case of promotional offers, the customer can purchase one or more individual offers.
Product description, features and prices
The products are presented and described on the site, in specific online offers and in sales emails that may contain specific links.
The prices of the goods presented are expressed in euros and include VAT. The possible duration of promotions and offers shall be indicated in correspondence with the product or offer to which it refers, as well as the prices applied.
Exclusive offers or "flash sale" of products published on the site or sent by email have a limited duration that is always indicated and are valid until stocks run out. The expiry date of the offers is indicated on the site and communicated to the customer if registered.
Any ancillary expenditure, where foreseen, shall be reported in correspondence with the product to which it is applied.
The replacement of a sold out item within a promotional offer will be made with an alternative item of the same value; in the event of exhaustion of an entire package or most of the ordered products, "Amoeni Loci" will contact the customer.
Shipping fees
A shipping fee is required and the amount varies depending on the number of products, weight or destination of the goods. The amount of shipping costs is always indicated and visible at the time of the purchase process.
The Shipping costs and any other additional costs, including VAT and expressed in Euros (€), will be expressly and separately indicated in the order form before the customer proceeds to transmit it, as well as in the e-mail of acceptance of the order by "Amoeni Loci". The price of the products published on the Site may be changed without notice, it being understood that the price charged to the customer will be that indicated on the product sheet at the time the order is sent by the customer.
For bulky parcels or for the particular value of the goods transported, payment of a packaging fee may be required, the amount of which varies from the product to be delivered and, in any case, is clearly indicated in the documentation - paper or electronic - which allows to perfect the order.
Terms of payment
The following are accepted: PayPal, major credit cards and other forms clearly indicated at the time of payment on the page used to complete the purchase, so that the customer can choose the method of his liking.
Please noted that "Amoeni Loci" will not charge customers, in relation to the aforementioned payment cards, for the use of the same, or in cases expressly established and communicated, rates that exceed those incurred by "Amoeni Loci" itself. The payment card issuing institution shall re-credits the Customer for payments in case of debiting exceeding the agreed price or in case of fraudulent use of their payment card by "Amoeni Loci" or a third party. The payment card issuing institution has the right to charge "Amoeni Loci" the sums credited to the customer.
If for any cause or reason the customer's payment is refused, "Amoeni Loci" will refuse the customer's purchase order, notifying the latter by e-mail.
The charge of the amount due, as resulting from the purchase order sent by the customer and accepted by "Amoeni Loci", is made at the end of the purchase procedure only after verification of the credit card data used by the customer and the issue of the authorization to charge by the company issuing the credit card used by the customer.
Terms of delivery and liability
The order fulfillment flow is handled with care and takes time. "Amoeni Loci" undertakes to ship the ordered goods within 6 (six) working days for orders concluded with electronic payment (credit card, Paypal).
Delivery shall be deemed to have been carried out when the ordered goods come into the possession of the customer or the person he has delegated to collect them. In the event that these terms cannot be met (eg: products not present in stock), "Amoeni Loci" undertakes to notify the customer through the modality that allows the greater rapidity to warn him and inform when the goods can be delivered.
Goods damaged upon delivery
In contracts that impose on the trader the obligation to provide for the shipment of the goods, the risk of loss or damage to the goods, for reasons not attributable to the seller, shall be transferred to the consumer only when the latter, or a third party designated by him and different from the carrier, materially takes possession of the goods. If parcels are delivered by the courier damaged, broken or stained by any product leaking, the customer is required to reject the shipment, expressly indicating the relative reason on the courier's delivery form. "Amoeni Loci" will take charge of the return of the shipment by courier.
In the event that the shipment consists of several packages and not all of them are damaged, the customer has the right to refuse delivery and reject the shipment of the damaged package only, by signing the courier delivery form "With Reserve" and indicating the number of damaged packages. and returns. "Amoeni Loci" will, take charge of the return of the shipment by courier at no additional cost to the customer.
The damaged product will be replaced by "Amoeni Loci" at no cost to the customer, within 15 (fifteen) working days of delivery. If the product to be replaced is out of stock, the customer will be contacted promptly by "Amoeni Loci" to agree alternatively the replacement with another product of equal value, upon sending the duly signed "replacement confirmation" form, the refund of the price paid, to which "Amoeni Loci" will provide within 5 (five) working days.
The shipping costs for returning the damaged package to "Amoeni Loci", for returning the replacement products to the customer and any costs for reimbursement of the price are borne by "Amoeni Loci".
Returns and replacement of defective goods
In the event that the customer finds a defect in the product or products delivered to him, the customer is required to promptly notify the email address customer@amoeniloci.it, reporting the problem encountered and specifying name and surname, order number, detailed description the defect found, attaching accompanying photographs, as well as to make available to "Amoeni Loci" the product considered defective .
"Amoeni Loci" will verify the defects complained of by the customer which, if found, will give the right to replace the product or products, upon notification to the customer's e-mail address.
"Amoeni Loci" replaces the defective product or products at its own expense and bears the costs of the return. In the event that the products initially requested by the customer are out of stock, "Amoeni Loci" will refund the amount paid by the User, as soon as possible and in any case within 3 (three) days of receipt of the authorization communication of "" Amoeni Loci ".
Should the User receive a damaged or stained package from the courier from the product leaking from any damaged boxes, "Amoeni Loci" invites the customer to reject the shipment. In this case, "Amoeni Loci" takes care of the return of the shipment. All the costs of returning the damaged package and the subsequent costs for the possible re-shipment of the product, in the shortest possible time, are of course charged to "Amoeni Loci".
The following applies to sales to private customers: the warranty period for final consumers is 2 years from delivery of the supply of goods. The customer has the option to choose whether to have a refund or a replacement. We have the right to refuse the choice made if it is impossible or if it involves a disproportionate effort for us compared to the other choice.
The following applies to sales to companies or entrepreneur private customers: the warranty period for this type of customer is 1 year from delivery of the goods. The presumption of § 924 ABGB is excluded. In the case of companies, we initially provide a refund or replacement of the goods at our discretion. Conversion and the right to withdraw from the contract by the entrepreneur are excluded. The possibility of a special appeal pursuant to § 933 b ABGB after the expiry of the warranty period is excluded. At the end of the warranty period, all claims arising from warranty and damage are limited or prescribed. Claims for damages against us by the customer, our other contractual partner or in connection with the contractual relationship or the contractual services of other persons (e.g. as a result of so-called protective effects in favor of third parties) is excluded except by intent or gross negligence on our part.
Unsolicited supplies
Subject to the Customer's consent, to be expressed before or at the time of the conclusion of the contract, "Amoeni Loci" will not perform any supply other than that agreed upon, even if of equivalent value and quality or higher.
If the Customer receives an unsolicited supply, he must notify the "Amoeni Loci" Customer Service by email: customer@amoeniloci.it so that "Amoeni Loci" will collect the supply and refund the Customer for any amount already paid.
Disclaimer in the event of force majeure
In no case shall "Amoeni Loci" be held liable for failure to fulfil any of the obligations arising from these General Terms of Sale in the event that the failure is caused by chance and / or force majeure, including , by way of example only, natural disasters, terrorist acts, network malfunctions and / or blackouts.
Suspension of service
"Amoeni Loci" reserves the right to temporarily suspend, without prior notice, the operation of the Site for the time strictly necessary for the technical interventions necessary to improve the quality of the services offered.
"Amoeni Loci" may, at any time, interrupt access to the service offered on the Site to the User, if there are justified reasons (security or confidentiality violations or for improper use of the Site), in this case promptly informing the User.
Right of withdrawal
In case of delivery by us based on a distance contract, consumers have the right, under the Consumer Protection Act, to withdraw from contracts within seven working days of receipt of delivery of the goods by the consumer or from the day where the contract was concluded for service contracts. Saturdays do not count as working days. The resignation must not contain a reason and must be declared in writing to our user center; The deadline is sufficient for timely shipment. The right of withdrawal does not exist for goods or services, which are made to customer specifications, which are clearly adapt to personal needs and which, by their nature, are not suitable for return. In exercising the right of withdrawal, the consumer is required to return unused, undamaged, ordered in the original packaging to our office if the goods can be sent by parcel. The costs and the risk of return are borne by the consumer who exercises the right of withdrawal. Goods shipped assigned port will not be accepted.
Data protection
In case of conclusion of a contract, we will collect and process the personal data provided in our system and use them for the duration of the contract processing, namely for the processing of orders and invoicing. All information is personally related, according to which a person can be identified directly or indirectly, such as name, home address, email address, date of birth, profession, account details etc. For the purpose of advertising and market research based on the needs of our offer, we create and use anonymous employment profiles. Any further collection, processing and use of personal data requires the consent of the customer. The customer has the right to object to this, by sending us an email at any time to customer@amoeniloci.it. We provide you with free information about your data stored with us. You may ask us to correct, delete and block your personal data stored by us at any time. We transmit the personal data required for the purpose and for the duration of the shipment of the goods to the company appointed by us for the transport. We are committed to take appropriate measures to protect the data stored by us. In particular, however, we will not be liable if anyone manages to illegally access this data and use it.
Product Responsibility
To protect our customers, the Austrian Product Liability Act (PHG) in its current version applies without restriction. A prerequisite for enforcing a product liability claim is that the product is defective. A product is defective if it does not offer the safety that one has a right to expect in all circumstances, especially considering the use of the product, which can reasonably be expected. Liability is - to the extent permitted - limited to the value of the product.
Prohibition of compensation.
Compensation is not allowed, unless we expressly acknowledge such compensation in figures in individual cases.
Retention of title
The delivered goods remain our exclusive property until full payment of their total value complete with expenses and taxes. As long as we maintain our retention of title, we also have the right to withdraw from the contract.
Exclusion of the transfer of rights
A transfer of rights from the business relationship to third parties is not allowed without our approval.
Other
We would like to point out that the handcrafted items may of course differ from the images on our website due to the fact that they are handmade. The same applies for the colors of the craft items. Note that the color tones also depend on the respective color screen settings. A guarantee in particular for a certain size, dimension, shape, color of the articles is mutually exclusive in this context.
General
If individual provisions of these Terms and conditions are ineffective, this shall not affect the validity of the remaining provisions of these Terms and conditions or the conclusion of the contract.
Place of performance and jurisdiction
The competent court in Vienna is solely responsible for all disputes arising from the contractual relationship, provided that the customer is not a consumer and the Consumer Protection Act prescribes otherwise.
Arbitration Agreement
When contracts are concluded with clients from countries of residence with which there is no agreement on the recognition and enforcement of claims under civil law with Austria, the following Regulation shall apply instead of the Jurisdiction Agreement referred to in paragraph 18 or the customer undertakes, if necessary, to conclude a corresponding arbitration agreement: all disputes and claims arising in relation to this contract will ultimately be decided by one or more arbitrators appointed under these rules, excluding the jurisdiction of the state courts in accordance with the arbitration and arbitration rules of the International Court of Arbitration of the Austrian Chamber of Commerce in Vienna (Vienna Rules) .The applicable substantive law is exclusively Austrian law excluding the United Nations Sales Act.
Applicable law
All contractual relationships entered into by us are subject to Austrian law with the exception of United Nations sales law, unless otherwise agreed.