Conditions

General Terms and Conditions (B2C)

of Alpshop Pustrissa, based in 39031 Brunico (BZ), Via Schlossweg 2, VAT no. 03103490219, registered in the Trade Register of the Bolzano Chamber of Commerce, e-mail address: info@alpshoppustrissa.it , tel.: +39 392836520, in the person of the owner, Mr. Taferner Roland (hereinafter "Seller");

Having said that:
that the Seller operates the website www.larcher-honigprodukte.it (hereinafter the "Website");
that the website is intended for business-to-consumer (B2C) commercial transactions;
that the term "General Sales Conditions (B2C)" means the sales contract for consumer goods of the Seller concluded between the Seller and the Buyer within the framework of a sales system organized by the Seller for distance selling;
that the trademark and logo of the website are the exclusive property of the seller;
that these terms and conditions regulate online sales between ERLA GmbH 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;

is agreed as follows:

• 1. Subject of the contract
  • 1.1. These general terms and conditions, made available to the buyer for reproduction and storage pursuant to art. 12 of Legislative Decree n. , Schlossweg 2, VAT number 03103490219, registered in the commercial register of the Bolzano Chamber of Commerce, email address: info@alpshoppustrissa.i , tel.: +39 3928346520 on the subject.
  • 1.2. With this contract, the seller sells and the buyer buys at a distance the products listed and offered for sale on the seller's website.
  • 1.3. The essential product properties are described on the seller's website.
  • 1.4. The seller undertakes to deliver the selected products - if available - against payment of the corresponding amount in accordance with Art. 3 of this contract.
• 2. Acceptance of Terms and Conditions
• • 2.1. All orders are submitted to the seller by the buyer by completing the specified ordering process.
  • 2.2. These general terms and conditions must be checked online by the buyer before completing the ordering process. The transmission of the order by the buyer therefore implies full knowledge of these conditions and their full acceptance.
  • 2.3. The buyer, who sends the confirmation of his order by electronic means, undertakes to fully accept the terms and conditions of sale and payment described below and to comply with them in his commercial relations with the seller; he declares that he has read and accepts all the information provided by the seller in accordance with the above provisions, and he further acknowledges that the seller is not bound by any other conditions unless agreed in advance in writing.
  • 2.4. To accept the Terms and Conditions, all sections of the online form must be fully and accurately completed by following the on-screen instructions and finally ticking the ACCEPT THE TERMS AND CONDITIONS and PRIVACY INFORMATION boxes, thereby accepting them.
• 3. Sales prices and ordering modalities
• • 3.1. The product prices indicated on the website are expressed in euros. These are always indicative and must be expressly confirmed by the seller by email, thereby accepting the order.
  • 3.2. The product prices published on the home page or in other sections of the website include VAT.
    The shipping costs are always calculated when entering the online order and are clearly stated for the buyer and vary depending on the weight of the ordered goods and the selected delivery address. The buyer can find detailed information about this on the homepage under Information - Shipping prices and delivery modalities.
    The total cost of shipping to the buyer's address is at the buyer's expense, except in the case of exceptions and deviations that 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 the confirmation of the order.
  • 3.3. Once the buyer has found the desired product in the online electronic catalog at the address www.larcher-honeyproducts.it, he can place it in the electronic shopping cart without obligation. The contents of the shopping cart can be viewed, changed or removed by the buyer at any time. After confirming the shopping cart, the buyer must correctly and completely fill in the application form and give consent to the online purchase. The ordering process can be canceled at any time by closing the browser window.
  • 3.4. The receipt of the order is not binding for the seller as long as he has not expressly accepted the order by e-mail. After the seller has checked the availability of the ordered product, he confirms the formal acceptance of the received order with an e-mail, which again shows the essential order data.
  • 3.5. The buyer expressly grants the seller the right to accept the order, even partially (e.g. if not all the ordered products are available). In this case, the contract is deemed to have been concluded for the goods actually sold.
• 4. Conclusion of contract
• • 4.1. The contract concluded via the website is formed at the moment when the buyer receives the formal order confirmation by e-mail, by which the seller accepts the buyer's order and informs him that he can carry out the order. The contract is concluded at the place where the seller's legal domicile is located.
  • 4.2. The seller informs the buyer according to article 12 of Legislative Decree 70/2003 that each incoming order will be stored in digital form on the server/on paper at the seller's headquarters according to the criteria of confidentiality and data security.
• 5. Payment Arrangements
• • 5.1. Payments by the buyer can only be made in the following forms: advance payment by bank transfer, online payment by credit card or PayPal account through the provider PayPal.
    • a) Advance payment by bank transfer: The payment is to be made to the account made out to Taferner Roland, Brunico branch, IBAN: , BIC-CODE.
    • b) Online payment by credit card or PayPal account via the provider PayPal: The buyer is redirected to the PayPal website and can pay using a PayPal account or credit card.
• 6. Delivery modalities
• • 6.1. The seller will deliver the products selected and ordered in accordance with the methods described in the previous articles to the buyer, using trusted carriers or couriers, to the address indicated by the buyer.
    Deliveries are possible to Italy and various areas of Europe and are normally carried out within 1 (one) to 2 (two) days from the conclusion of the contract, depending on the item ordered and the shipping address. If the seller should not be able to carry out the delivery within this period, the buyer will be informed of this in good time by e-mail.
  • 6.2. The buyer must ensure that he accepts the goods from the commissioned forwarding agent at the specified delivery address. If the buyer is absent at the time of delivery, the goods will be taken to a nearby branch of the carrier and the buyer will be contacted to agree new delivery terms.
  • 6.3. The seller is not liable for delay or non-delivery of the goods in case of inaccurate or incorrectly provided address data by the buyer.
  • 6.4. Upon receipt of the goods, the buyer must ensure that the product delivered corresponds to the order; only after this check may he sign the delivery documents, subject to the right of withdrawal provided for in Art. 10 of the Terms and Conditions.
  • 6.5. During the ordering process, the buyer can also choose to collect the goods themselves from the seller's physical shop Alpshop Pustrissa (Schlossweg 2, 39031 Brunico). For these pick-up arrangements, the buyer must show a valid identity card and a printout of the order confirmation.
    If the buyer collects the goods from the seller's registered office, no shipping costs will be charged to the seller.
• 7. Limitation of Liability
• • 7.1. The seller accepts no liability if the goods are delivered late or not at all due to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods or other similar events that prevent the timely execution of the contract in whole or in part prevent is due.
  • 7.2. The buyer cannot hold the seller liable for any malfunctions or interruptions in connection with the use of the Internet beyond his control, except in the case 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 damage, loss or costs resulting from the non-performance of the contract for the reasons mentioned above.
  • 7.4. The seller shall not be held responsible for any fraudulent or illicit use of credit cards, checks or other means of payment by third parties to pay for the products ordered, if he can prove that he has taken all possible precautions based on current knowledge and experience and with the necessary diligence has.
• 8. Warranty and Customer Service
• • 8.1. The seller sells only original products of high quality. For any questions, complaints or suggestions, the buyer can contact info@alpshoppustrissa.it turn around. In order to ensure that questions, complaints or suggestions are processed quickly, the buyer should describe the problem as precisely as possible and, if necessary, send a copy of the order documents or state the order number, customer number, etc.
  • 8.2. In the event of non-conformity, the provisions on the legal guarantee obligation pursuant to Legislative Decree no. 206 of September 6th, 2005 shall apply.
  • 8.3. The guarantee applies only to the products referred to in Legislative Decree no. 206 of September 6, 2005.
• 9. Buyer's Obligations
• • 9.1. The buyer undertakes to pay the purchase price for the ordered goods within the contractually specified period and form.
  • 9.2. After completing the ordering process, the buyer must print and keep these general terms and conditions, which he has already consulted and accepted in a mandatory step when placing the order, as well as the product specifications of the product ordered, in order to comply with the conditions referred to in Legislative Decree n. 206 of September 6, 2005 to be fully fulfilled.
  • 9.3. It is strictly forbidden for the buyer to enter false and/or invented and/or imaginary data when registering via the relevant online form. When it comes to personal details and the e-mail address, only your own real data and not those of third parties or imaginary persons may be given. The buyer thus assumes full liability for the correctness and truthfulness of the information provided at the end of 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.
• 10. Right of withdrawal pursuant to Legislative Decree 206/2005
• • 10.1. The right of withdrawal applies only to the products referred to in Legislative Decree n. 206 of September 6, 2005 and will apply to the supply of sealed goods provided for by art. 59 letter e.) of the same Legislative Decree which, for reasons of health protection or hygiene, cannot be returned are suitable and whose seal has been removed after delivery are expressly excluded.
  • 10.2. For the products for which the right of withdrawal is not excluded, the buyer can withdraw from the contract concluded without penalty and without giving any reason within 14 (fourteen) days from receipt of the ordered goods. Any revocation should be sent to Alpshop Pustrissa, with registered office in 39031 Bruneck (BZ), Via Schlossweg 2, e-mail address: info@alpshoppustrissa.it , tel.: +39 3928346520.
  • 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 post, fax or e-mail). The buyer can also use the model withdrawal form attached to Annex I, Section B of Legislative Decree no. 21/2014, but this is not mandatory.
  • 10.4. To meet the cancellation deadline, it is sufficient for the buyer to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired. 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 14 (fourteen) days from the moment the buyer informed the seller of his decision to withdraw from the contract. The buyer must pay for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
  • 10.6. In the cases expressly provided for by art. 59 of Legislative Decree no. 206/2005, the buyer cannot exercise the right of withdrawal.
  • 10.7. When exercising the right of withdrawal in accordance with the provisions of this article, the buyer bears the costs directly related to the return of the goods to the seller.
  • 10.8. The buyer, who duly exercises his right of withdrawal, will be reimbursed for all sums already paid, including delivery costs, with the exception of the additional costs incurred because the buyer expressly opted for a different type of delivery than the cheaper standard delivery offered by the seller Has decided. The reimbursement of costs will be made without delay and in any case within 14 days from the moment 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 because something else was expressly agreed with the buyer. However, the seller may refuse repayment until the goods have been returned to him or until the buyer has provided proof that he has sent back the goods, whichever is the earlier, unless the seller has offered the pick up the goods yourself.
  • 10.9. Upon receipt of the notification in which the buyer notifies the seller of the exercise of the right of withdrawal, the contracting parties are released from their respective obligations; the provisions of this article remain unaffected.
• 11. Express Termination Clause
• • 11.1. The obligations provided for in Art. 9 for the buyer are essential to this contract. It is therefore expressly agreed that failure to perform even one of these obligations - unless due to accident or force majeure - will result in the cancellation of the contract pursuant to art. 1456 of Ital. of the Civil Code without the need for a court judgement.
• 12. Notices
• • 12.1. Except in cases expressly stated or established by law, communications between seller and buyer will preferably be made through email messages to their respective email addresses, considered by both parties to be a valid means of communication and whose use in court is not the only one can be objected to due to the fact that the documents are electronic.
  • 12.2. Written communications to the seller, as well as any complaints, are only valid if they are sent to the address of Alpshop Pustissa, with registered office in 39031 Bruneck (BZ), Via Castle 2, email address: info@alpshoppustrissa.it , tel.: + 39 3928346520.
  • 12.3. Both parties may change their e-mail address at any time for the purposes set out in this article, provided they promptly notify the other party, using the forms set out in the paragraph above.
• 13. Processing of personal data
• • 13.1. The purchaser expressly declares that he/she has read the information referred to in art. 13 of Legislative Decree no. 196 of June 30, 2003 (Privacy Code) and the "Privacy Policy" of the website.
    The rights provided for in the data protection regulations and the information obligations of the seller are checked online before the order process is completed. The transmission of the order confirmation therefore requires full knowledge.
  • 13.2. The seller protects the privacy of customers and ensures that the data processing complies with the data protection regulations set out in Legislative Decree no. 196 of June 30, 2003.
  • 13.3. The personal and fiscal data obtained by the Seller as the data controller, directly and/or through third parties, are collected and processed in paper, electronic and telematic form, depending on the type of processing, for the following purposes: registration of the order, Implementation of the procedures for the execution of the contract and the related communications, compliance with any legal obligations and ensuring efficient management of commercial relationships in the manner necessary to best provide the requested service (art. 24, paragraph 1, letter b, Legislative Decree No. 196/2003). When registering for the newsletter, the buyer's e-mail address is also used for advertising purposes until the buyer unsubscribes from the newsletter. The deregistration is possible at any time.
  • 13.4. The seller undertakes to treat the data and information transmitted by the buyer confidentially and not to make them accessible to unauthorized persons or to use them for purposes other than those intended or to pass them on to third parties. This data will only be disclosed at the request of the judicial authorities or other authorities authorized by law.
  • 13.5. Personal data will only be communicated to persons who are entrusted with carrying out the necessary activities for the execution of the contract and who have previously signed an obligation to treat this data confidentially. The data is only transmitted for this purpose.
  • 13.6. The buyer has the rights referred to in art. 7 of Legislative Decree no. 196/03, including the right:
    • a) request the updating, rectification or, where there is an interest, integration of the data;
    • b) request that data processed unlawfully be erased, made anonymous or blocked; this also applies to data whose retention is not necessary for the purposes for which they were collected or subsequently processed;
    • c) obtain confirmation that the operations referred to in letters a) and b) have been communicated, including as regards their content, to those to whom the data were communicated or disseminated, unless this proves impossible or the expenditure of means would be unreasonably large in relation to the protected right. The data subject also has the right to object, in whole or in part:
      • i) to oppose, for legitimate reasons, the processing of personal data concerning them, even if these data are pertinent to the purpose of collection;
      • ii) to oppose the processing of personal data concerning them when this processing is carried out for the purpose of sending advertising material or direct sales, for market or opinion research or for commercial information.
  • 13.7. The disclosure of their own personal data by the buyer is a necessary prerequisite for the proper and timely execution of the contract. Otherwise, the buyer's order cannot be processed.
  • 13.8. In any case, the data obtained will not be kept longer than necessary for the purposes for which they were collected or for which they were subsequently processed. Their removal is done in a safe way.
  • 13.9. The owner of the collection and processing of personal data is the seller, to whose registered office the buyer can address his inquiries and requests.
• 14. Dispute Resolution and Jurisdiction
• • 14.1. In the event of disputes arising out of or in connection with this contract, the contracting parties shall endeavor to find a fair and amicable solution.
  • 14.2. The buyer is informed, pursuant to art. 14 of EU Regulation no. 524/2013, that in the event of a dispute, he may lodge a complaint through the online dispute resolution (ODR) platform of the European Union, which is set out below Link is accessible: https://ec.europa.eu/consumers/odr/. The OS platform is a contact point for buyers who want to settle disputes relating to online sales contracts or online service contracts out of court. For this purpose, the email address of the company Alpshop Pustrissa is info@alpshoppustrissa.it .
  • 14.3. If a dispute cannot be settled amicably, pursuant to art. 66-bis of Legislative Decree no. if the buyer is not an end consumer, it is agreed that the court in Bolzano is exclusively responsible for all disputes, even in deviation from the provisions on territorial jurisdiction.
• 15. Governing Law and Legal Reference
• • 15.1. The present contract is governed by Italian law.
  • 15.2. Unless expressly stated otherwise here, the legal provisions applicable to the commercial relationships and transactions provided for in this contract and, in any case, the provisions of the Italian Civil Code and Legislative Decree n. 206 of September 6, 2005 (Consumer Code).
• 16. Final Provisions
• • 16.1. This Agreement cancels and supersedes all prior written and oral agreements, understandings and negotiations between the parties relating to the same subject matter of this Agreement.
  • 16.2. The possible ineffectiveness of individual provisions has no influence on the effectiveness of the contract as a whole.
  • 16.3. These general terms and conditions have been written in Italian and in German. The contracting parties agree that in case of difficulties of interpretation, the text in Italian will be considered authentic and valid.

Acceptance of the general terms and conditions by the buyer
Pursuant to Art. 1341 and Art. 1342 Civil Code, the buyer declares that he has carefully read the contract and expressly agrees to the following provisions:

Art. 7 (limitation of liability),
Art. 8 (guarantee and customer service),
Art. 9 (Obligations of the buyer),
Art. 10 (Right of withdrawal pursuant to Legislative Decree 206/2005),
Art. 11 (Express cancellation clause),
Art. 14 (Dispute resolution and jurisdiction).