Terms of service
General terms and conditions of the company Intern Element
Article 1- Definitions and Contact.
(1) The following"General Terms and Conditions"(hereinafter"GTCs") regulate the contracts concluded between Intern Element and a user of the portal or an end consumer in the version that is valid and in force at the time the contract is concluded (see Art3).
(2) The Intern Element OHG des Oberrauch P& CoOHG (hereinafter"Intern Element"), entered in the company register at the Chamber of Commerce of the Autonomous Province of Bolzano, Italy under number 00211520218, VAT00211520218, has its registered office in 39054 Klobenstein (BZ), trade zone no16, South Tyrol, Italy, phone:0039.0471.356638- fax:0039.0471.356650; Email:shop@kraxl-board.com, Managing Director:Oberrauch Peter.
(3) The terms and conditions apply to all users of the portal http://www.kraxl-board.com or end consumers and can be viewed at any time in their current version on the portal ( https://www.kraxl-board.com/j/shop/terms ) can be viewed and retrieved.
(4)"End consumer"is any natural person who concludes the legal transaction for purposes that cannot be attributed to their commercial, craft or self-employed professional activity (Art3 of Legislative Decree no206 from 06.09.2005, in future"KSchG")
Article 2 – Subject matter of the contract.
(1) These general terms and conditions relate to the purchase of products offered on the Intern Element portal at a distance and by means of distance communication.
(2) The presentation of the products on the portal ( https://www.kraxl-board.com/english/products ) does not constitute a legally binding purchase offer, but the products are only listed on the portal with regard to their type of manufacture, the material and the purchase price described.
(3) The factory instructions for safe assembly, which must be carried out by a specialist, as well as the instructions for storage, maintenance and safe use of the products are supplied as an accompanying document with the product and form an integral annex to the order confirmation.
Article 3 - Formation of a contract, storage of the contract.
(1) A purchase contract for products offered on this portal can only be concluded from the point at which the user of the portal registers by providing their personal data and accepts the general terms and conditions and the data protection provisions of Intern Element unreservedly and in their accepted as a wholeThis acceptance is made by clicking on the button"I have read and accepted the terms and conditions and cancellation policy".
(2) In the event of the conclusion of a contract, the contract with the Intern Element des Oberrauch P& CoOHG, entered in the company register at the Chamber of Commerce of the Autonomous Province of Bolzano under number 00211520218, VAT00211520218, based in 39054 Klobenstein (BZ), trade zone no16, South Tyrol, Italy, phone:0039.0471.356638- fax:0039.0471.356650; Email:shop@kraxl-board.com, Managing Director:Oberrauch Peter.
(3) The presentation of the products on the portal ( https://www.kraxl-board.com/english/products ) does not constitute a legally binding purchase offer, but is to be qualified as a non-binding invitation to submit an offer.
(4) The user of the portal submits his binding purchase offer for the products contained in the shopping cart by successfully going through the intended ordering procedure, i.e. by finally clicking on the"Complete order"button.
(5) The"conclusion of the contract"coincides with the point in time at which the buyer becomes aware of the acceptance by Intern Element of the purchase offer that has been sent in this way, i.e. the receipt of the e-mail with the order confirmationIntern Element accepts the user's purchase offer immediately after receipt with an automatically generated e-mail, the so-called order confirmation.
(6) In detail, the user's binding purchase offer is transmitted in the following steps:
1selection of the desired goods;
2Confirmation of the goods by clicking on the"Add to shopping cart"button;
3Checking the goods in the shopping cart;
4Address details (billing and delivery address);
5choice of payment method;
6re-examination orCorrection of the data entered, acceptance of the terms and conditions and
Data protection regulations and finally the binding dispatch of the purchase offer orthe order by clicking on the"Complete order"button;
(7) Before submitting his binding purchase offer, the user of the portal can return to the website on which his details were recorded and possible input errors by pressing the"Back"button in the Internet browser he is using after checking his details correct orcancel the ordering process by closing the internet browser.
(8) Internal Element reserves the right, in exceptional cases (egif the goods are not available) to withdraw from the orderIn this case, the buyer will be informed immediately and, if necessary, alternatives will be suggested to him.
(9) The purchase contract and the user's order data are stored in the internet portal itself and on the server and sent to the buyer by e-mail together with the order confirmationFor security reasons, the buyer's order data is no longer accessible via the Internet.
Article 4 - Prices and payment methods.
(1) The product prices given on the platform are given in euros and already include the statutory sales taxIn addition, there are any shipping costs (see Art. 6).
(2) The purchase price can be paid using the following means of payment:
a) Online payment by credit card (VISA, Master Card, Maestro, MasterPass):
The purchase price including shipping costs will be charged at the time of paymentIt should be noted that the bank may require a PIN code or password to be entered during the payment process using Visa, MasterCard, Maestro or MasterPassAfter ordering online orreal payment, the release for dispatch takes place immediately and automatically; the release of the commission takes place after the expiry of the right of withdrawalThe goods will then be sentPayments by credit card guarantee an extremely fast and secure purchase.
b) Against payment in advance by bank transfer:
Payment is to be made to the Intern Element bank account at the Südtiroler Sparkasse:
IBAN:IT75 J060 4558 7400 0000 0034 500
BIC/Swift Code:CRBZIT2B039
afford toTransfers can take up to three (3) daysAs soon as the payment has been credited to Intern Element's account and the withdrawal period for the transfer order has expired, the goods will be dispatched.
c) PayPal (credit card, direct debit, bank transfer):
PayPal is an online payment service that allows the buyer to pay securely, easily and quicklyThe buyer's account details are stored in his personal PayPal account and registration is carried out exclusively via PayPalThe confirmation of the payment process is immediately sent to the seller, which allows for quick processing of the orderFurther shop information is available at http://www.paypal.deThe same rules apply for shipping and commission release as for payment by credit cardIf you select this payment method, the next step will be forwarding to PayPalOnce the required data has been entered there, it automatically goes back to the online shop to complete the order.
Article 5 – Terms of delivery of the goods, due date.
(1) Intern Element will send the products that have been legally purchased and paid for to the buyer by means of carriers or courier services it trusts, to the delivery address specified by the buyer.
(2) Delivery normally takes place within five (5) working days after receipt of paymentIn exceptional cases, where this is not possible, the delivery to the end user will take place within thirty (30) working days.
(3) Intern Element is not responsible for the delay or non-delivery of the goods in case of inaccurate or incorrect address information provided by the buyer.
kind6 - Shipping.
(1) Orders from Italy:
Intern Element delivers by courier directly to the buyer's delivery address-For shipping to addresses in Italy, Intern Element charges Euro 5.00 in shipping costsThe goods are delivered in the original box; final assembly and inspection is the responsibility and liability of the buyer.
(2) Orders from EU member states:
Intern Element currently ships to the countries below by courierThe flat-rate transport costs for shipping by courier are shown in the following table:
O Netherlands
Oh Poland
O Luxembourg
Oh Italy
Oh Ireland
O Portugal
O Romania
o United States
Oh Slovakia
O Slovenia
Oh Sweden
Oh Hungary
O Croatia
o Czech Republic
Oh Germany
Oh Switzerland
Oh Bulgaria
O Belgium
Oh Denmark
Oh Spain
Oh Greece
o United Kingdom
Oh France
Oh Finland
Oh Austria
(1) Any customs duties or other fees incurred for deliveries to non-EU countries are expressly borne by the buyerNon-EU countries are only supplied after prior agreementPlease contact Intern Element in advance:shop@kraxl-board.com
(2) The Intern Element portal is currently available in German, Italian and EnglishIntern Element expressly points out that it is not liable for misunderstandings that arise due to a lack of language skillsIn the event of ambiguities and difficulties of interpretation related to the language, the Italian language shall prevail.
(3) Transport damage:the buyer is obliged to check the goods for completeness and integrity as well as any defects or discrepancies immediately upon receiptIf the package in which the product is delivered is damaged, he is obliged to complain and report this circumstance immediately to the carrier and deliverer and also to report the circumstance to Internal Element:shop@kraxl-board.com
Article 7 - Retention of title.
(1) Intern Element retains title to the goods until the purchase price has been paid in full.
(2) The risk of accidental loss and deterioration of the goods sold passes to the buyer in accordance with the provisions of the Civil Code when the goods are handed over.
(3) If the end consumer has selected the carrier and this choice was not advised by Intern Element, the risk of accidental loss and deterioration passes to the buyer as soon as the goods are handed over to the carrier.
Article 8 – Customer Service and Complaints.
(1) T+39 0471 356638(office hours)
f+39 0471 356650
(2) If a defective or damaged product is handed over, the purchaser is obliged to contact our customer service and report this (contacts and opening hours see pabove), also by email to shop@kraxlboard.com
Article 9 – Warranty and notice of defects in a contract with a final consumer.
(1) In this case, the statutory warranty regulations according to the KSchG apply.
(2) The guarantee is two (2) years from receipt of the goods:The two (2) years begin to run from the day on which the end user or a third party named by him who is not the carrier takes possession of the goods took.
(3) After receipt of the goods, the end consumer must ensure that the delivered goods match his binding purchase offer or order.
(4) Any defects must be reported immediately and at the latest within two (2) months of their discovery orfrom the moment when the defect was apparent to the end user, otherwise the end user loses the warranty claim according to KSchG.
Article 10 - Cancellation policy, end consumer's right of cancellation.
(1) In accordance with the statutory provisions, the end consumer can withdraw from the purchase contract without penalty and without giving reasons within 14 (fourteen) calendar days from receipt of the goods.
(2) The cancellation period of 14 (fourteen) calendar days begins on the day on which the end consumer or a third party named by him who is not the carrier took possession of the goods.
(3) If the end consumer wishes to make use of his right of withdrawal, he must make this decision to Intern Element (Intern Element OHG des Oberrauch P& CoOHG, craft zone no16, 39054 Klobenstein (BZ), Italy, fax:0039.0471.356650, email:shop@kraxl-board.com) by means of a clear statement (e.gletter, fax or email)The end consumer can also use the model withdrawal form attached under Article 12 (6), but this is not mandatory.
(4) In order to meet the end consumer's cancellation period, it is sufficient to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
Article 11 – Legal effects of the end consumer's withdrawal.
(1) In the event of revocation by the end consumer, Intern Element is obliged to refund all payments including delivery costs immediately and at the latest within fourteen (14) days from the date of receipt of the revocationExcluded from this are any additional costs that result from the fact that the end user has chosen a different type of delivery than the cheapest standard delivery offered by Intern Element.
(2) For this repayment, Intern Element uses the same means of payment that the end user used for the purchase, unless something else was expressly agreed with the end user; under no circumstances will fees be charged for the repayment.
(3) The costs for returning the goods are borne by the end consumer himself.
(4) As required by Art56 para3 of the D.lgs206/2005 modified by D.lgs21/2014, Intern Element can suspend the repayment until it has received the goods again or the end consumer has provided proof of having sent the goods back to Intern Element; this occurs earlier depending on which of the two circumstances occurs.
Article 12 - Obligation of the end consumer after exercising his right of withdrawal.
(1) After exercising the right of cancellation, the end consumer is obliged to return or hand over the goods to Intern Element immediately and in any case no later than fourteen (14) days after notification of the cancellation.
(2) The deadline is met if the end user sends the goods before the deadline of fourteen (14) days has expired.
(3) The end consumer only has to pay for any loss in value of the goods if this loss in value is due to the end consumer handling the goods in a way that would not have been necessary to check the nature, properties and functionality of the goods.
(4) The burden of proof regarding the intended exercise of the right of withdrawal lies with the end consumer.
(5) There is only a right to a refund of the full purchase price if the goods are returned intact and in perfect condition, in the original packaging and complete with all parts.
(6) The right of withdrawal does not apply to the following contracts:
- Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the end user is decisive or which are clearly tailored to the personal needs of the end user;
- Contracts for the supply of goods that can spoil quickly or whose use-by date would quickly expire;
- Contracts for the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery.
(7) Sample withdrawal form (if a consumer wants to withdraw from the purchase contract, he can also fill in this form and send it to Intern Element):
On
Internal element of the general partnership of Oberrauch P& CoOHG
Artisan Zone No16
39054 Klobenstein (BZ)
Italy
Fax:0039.0471.356650
Email:shop@kraxl-board.com)
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if notification is made on paper)
- Date
(*) Delete where not applicable.
Article 13 - Applicable law.
(1) The present sales contract is exclusively governed by Italian law.
(2) Unless expressly agreed otherwise, the legal provisions of the Italian Civil Code apply.
(3) If the purchase contract is concluded with an end consumer, the provisions of the Consumer Protection Act (Legislative Decree No206 from 6September 2005).
Article 14 - Resolution of disputes Jurisdiction.
(4) In the event of disputes arising from or in connection with this contract and its interpretation and fulfillment, the contracting parties shall endeavor to find a fair and amicable solutionIf this is not possible after two months of negotiations, each party is free to initiate legal proceedings to clarify and/or protect their rights.
(5) In this case, the parties choose the court of Bolzano (BZ), South Tyrol, Italy as the place of jurisdiction.
Article 15 - Languages.
(1) The user of the portal has the option of concluding the purchase contract in German or Italian.
Article 17 - Final provision
(1) The possible nullity and/or invalidity and/or ineffectiveness of individual contractual conditions does not affect the validity and/or ineffectiveness of the entire purchase contract or other contractual clausesThis remains valid and in effect.
(2) Any null and/or invalid and/or ineffective contractual clauses will be replaced by clauses that aim at the same purpose or will of the parties orbest meet their interests.
Status of the General Terms and Conditions:28.11.2017
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