GENERAL TERMS & CONDITIONS (T&Cs)

1. Scope

1.1 The version of these General Terms and Conditions (hereinafter referred to as “T&Cs”) that is valid at the time of ordering shall apply to all sales contracts concluded via our online shop www.rudi-delago.com (hereinafter referred to as “online shop”) between us, the company

Delago Rudi

Str. Dorives 20A

39048 Sëlva/Selva di Sal Gardena (BZ)

South Tyrol, Italy

Tel.: +39 3337660218

Email: info@rudi-delago.com

Entered in the commercial register of Bolzano/Bozen under number BZ 55631-1996

and you as our customer (hereinafter referred to as “Sales Contracts”).

1.2 These T&Cs shall only apply, however, when you are acting as a consumer. You are acting as a consumer when you act as an individual for purposes that are not connected to your business, commercial, skilled or professional activities. We therefore, and in view of the governing law stipulated in Clause 9, call your attention to the application of Article 45 et seq. of the Italian Legislative Decree dated 30 June 2003, No. 196 (hereinafter referred to as “Consumer Code”).

1.3 The Sales Contract may be concluded in the German or Italian language.

2. ORDERING PROCESS AND CONCLUSION OF CONTRACT

 2.1 The goods offered for sale in our online shop and their key characteristics are described in our online shop. You may select these goods and place them in the virtual shopping basket. The goods you wish to order are collected in this basket. The shopping basket therefore provides you with an overview of the purchases you intend to make.

2.2 When you are ready to place your order, please go to the shopping basket. You will be guided through the ordering process here. You will be asked to enter the data that are necessary for processing your order and invited to choose a payment option.

2.3 Immediately before you place an order, we will display an order overview that clearly informs you of the key characteristics of the goods, the total cost of the goods including all taxes and duties, and all additional costs of shipping, delivery and handling where these apply, as well as any other costs.

2.4 When ordering, you will be asked to explicitly confirm your acknowledgement that placing an order will result in a payment obligation. The ordering process involves activating a button that is clearly labelled with only the words “Order with obligation to pay” or other clear and unambiguous wording to that effect. As long as you have not activated this button, you can change your order at any time, rectify any typing errors or cancel the order entirely. Once you have activated the button and thereby placed an order, we will immediately send you an email confirming that we have received your order.

2.5 We will provide you with confirmation of the concluded Sales Contract, which will be stored in accordance with data protection legislation, on a durable medium within a reasonable period following conclusion of the Sales Contract, and upon delivery of the goods at the latest.

2.6 If, at the time a customer places an order, the item selected is out of stock, the Provider shall inform the customer of this fact in the order confirmation. If the product is permanently out of stock, the Provider shall refrain from accepting the order. In this case, a contract shall not be concluded.

2.7 The object of the contract is the goods and services specified by the customer within the scope of the order and stated in the order/order confirmation at the final prices listed in the online shop. Errors and omissions are excepted, particularly with regard to product availability.

a. The nature of the goods ordered is made clear by the product descriptions in the online shop. Images on the website may only vaguely reflect the actual products; since the products are made by hand, colours in particular may vary significantly. For this reason, images are only intended to serve as a visual aid. Specifications and descriptions of weight, dimensions and use are given as accurately as possible, but standard deviations may be present. The properties described here do not constitute defects in the products supplied by the Provider.

3. PRICES, COSTS AND PAYMENT

3.1 The total cost of the goods including all taxes and duties, all additional costs of shipping, delivery and handling where these apply, and any other costs are specified in our online shop.

 3.2 We accept the following payment methods: bank transfer, credit card payment and PayPal.

 3.3 Payment via bank transfer (advance payment): this payment method can be used for any sum. An additional three to five working days must be factored in for orders paid for via bank transfer to allow the payment to be processed, as goods are only shipped once your payment has been received (advance payment).

 If payment is not received within 15 calendar days of the order being placed, the order will be automatically cancelled.

4. DELIVERY OF GOODS

4.1 Delago Rudi cannot accept any responsibility for the non-acceptance of orders or for failed or delayed deliveries of goods. Both the acceptance and processing of orders are subject to product availability as well as other unforeseeable circumstances, which may have an effect on the deliveries themselves and how promptly they arrive. In addition to force majeure and fortuitous events, these include circumstances such as strikes, labour unrest or a lack of raw materials, which may prevent or delay the production and delivery of goods. The customer shall endeavour not to hold Delago Rudi responsible for this, and shall explicitly refrain from claiming compensation in the event of failed or delayed order acceptance, or in the case of failed or delayed delivery of goods from orders that have already been accepted. Dispatch is understood as the point at which goods are handed over to the transport company responsible for delivery.

4.2 Provided that no specific delivery times are cited for the respective products in our online shop, we shall deliver your goods promptly and in accordance with Article 61 of the Consumer Code, not later than 30 days after conclusion of the Sales Contract.

4.3 Products shall be carefully checked by Delago Rudi prior to shipment, and consequently complaints regarding any damages or missing goods must be made to the transport company responsible for delivery. If any damages are found that are not the result of shipping, Delago Rudi must be notified of these in writing within eight days of receiving the goods. Delago Rudi shall process the complaint within a reasonable timeframe and, if the complaint appears justified, shall compensate the customer for the missing or damaged items.

 4.4 Any customs duties and/or similar fees shall be borne by the customer, who must pay said duties directly to the relevant authority.

5. WITHDRAWAL RIGHTS

5.1 You have a legal right of withdrawal pursuant to Article 52 of the Consumer Code. Further information about this is provided in our online shop. The relevant information there forms an integral part of these T&Cs.

6. WARRANTY

6.1 Pursuant to Article 129 et seq. of the Consumer Code, there exists a statutory right of warranty. The essential content of this, and the time limits contained herein, are explained in greater detail in the present clause 6 and the subsequent clauses 7 and 8. These are not intended as commercial guarantees.

 6.2 We must undertake to deliver goods to you which are in conformity with the Sales Contract.

6.3 Customers should take note that no cleaning products, including no wet cloths, may be used to clean Delago Rudi products. Products made by Delago Rudi may only be dusted carefully with dry cloths. Delago Rudi the company shall provide no warranty whatsoever in the event that your products are placed outdoors or, specifically, that they are exposed to direct sunlight, sources of heat, temperature fluctuations and changes in moisture or humidity.

6.4 There shall not be deemed to be a lack of conformity if, at the time the Sales Contract was concluded, you were aware or could not reasonably have been unaware of the lack of conformity, or if the lack of conformity can be attributed to your instructions or to materials supplied by you.

6.5 The warranty is limited to the free replacement of those items deemed by Delago Rudi to be defective, and excludes items that have undergone normal wear and tear. Transport costs for the products or items covered by the warranty shall be borne by the customer. Customers shall not be permitted to dismantle, modify or repair the products in any way without the express written consent of Delago Rudi, except at their own expense and risk. In all such cases, the customer loses all warranty rights from Delago Rudi.

7. RIGHTS IN CASES OF LACK OF CONFORMITY

7.1 In accordance with Article 130 of the Consumer Code, we shall be liable to you for any lack of conformity which exists at the time the goods are delivered.

7.2 In the event of lack of conformity, you shall either be entitled to have the goods brought into conformity free of charge by means of repair or replacement, as provided for in clauses 7.3 and 7.4, or to have an appropriate reduction made in the sales price, or to have the Sales Contract rescinded in accordance with clauses 7.5 and 7.6.

7.3 You may request – at your choice – that we repair or replace the goods free of charge, provided that this is not impossible or disproportionate. For such purposes, a remedy shall be deemed disproportionate if it would impose costs on us, which, taking into account:

(a) the value that the goods would have if there were no lack of conformity

(b) the significance of the lack of conformity and

(c) the question of whether the alternative remedy could be resorted to without significant inconvenience to you, would be unreasonable when compared with the alternative remedy.

7.4 Any repair or replacement shall be completed within a reasonable period of the request being made without any inconvenience to you, taking into account the nature of the goods as well as the purpose for which you require the goods.

7.5 You may – at your choice – request an appropriate reduction in the sales price or have the Sales Contract rescinded if one of the following situations applies:

(a) repair or replacement is impossible or disproportionate

(b) the goods have not been repaired or replaced within the reasonable timeframe specified in clause 7.4

(c) the replacement or repair previously carried out has caused you significant inconvenience.

7.6 You shall not be entitled to have the contract rescinded if the lack of conformity, for which the remedies of repair or replacement are impossible or disproportionate, is minor.

8. TIME LIMITS CONCERNING STATUTORY WARRANTY

8.1 We shall be held liable pursuant to Article 130 of the Consumer Code where the lack of conformity becomes apparent within two years of delivery of the goods.

 8.2 If you do not notify us of the lack of conformity within two months of the date on which you detected such lack of conformity, you shall forfeit your rights arising from Article 130, clause 2, of the Consumer Code. Such notification is not necessary if we have acknowledged the existence of the lack of conformity, or if we have concealed it.

 8.3 Unless proven otherwise, any lack of conformity which becomes apparent within six months of delivery of the goods shall be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.

8.4 The cause of action with which a claim may be brought for an unconcealed defect shall, in any case, become time-barred within 26 months of delivery of the goods.

9. APPLICABLE LAW AND INFORMATION ON ONLINE DISPUTE RESOLUTION

9.1 The Sales Contract is subject to the laws of the Republic of Italy, specifically excluding, to avoid any doubt, application of the United Nations Convention on Contracts for the International Sale of Goods (CISG). This choice of law does not, however, deprive you of the protection afforded to you by those provisions that cannot be deviated from by agreement under the laws of the state in which you normally reside.

9.2 We are legally obliged to inform you of the existence of the European Commission’s Online Dispute Resolution Platform (ODR Platform) for consumer disputes, which can be visited at https://ec.europa.eu/consumers/odr. Our email address is: info@rudi-delago.com. We are not obliged, however, and do not undertake to make use of an office for Alternative Dispute Resolution (ADR Office).

Last updated: 01.12.2020