General Terms & Conditions Ganis Online Shop - South Tyrol

of Ganischger Ltd, with registered office in 39100 Bolzano (BZ), Schlachthofstr. 30/c, VAT no. 02525700213, registered in the Commercial Register of the Bolzano Chamber of Commerce, REA no.: BZ – 184587, E-mail address: [email protected], Tel.: 0039 0471 616504, Fax PEC-Mail: [email protected], in the person of the legal representatives, Mr. Pichler Markus (hereinafter referred to as “Seller”);

Provided:

• that the Seller operates the website www.ganischger.com – Ganis WebShop (hereinafter the “Website”);
• that the Website is intended for business-to-consumer (B2C) transactions;
• that the term “General Terms and Conditions for Online Sales” means the contract of sale of the Seller’s products concluded between the Seller and the Buyer within the framework of a distribution system organised by the Seller for distance selling;
• that the trademark and the logo of the Website are the exclusive property of the Seller;
• that these preliminary remarks are an integral and essential part of the contract;

1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Ganischger Ltd (hereinafter referred to as “Seller”) shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as “Customer”) with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to his or her commercial or self-employed professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The customer can submit the offer via the online order form integrated in the seller’s online shop. In doing so, after placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process.

2.3 The seller may accept the customer’s offer within five days:

• • by sending the customer a written order confirmation or an order confirmation in text form (e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
  • by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
  • by requesting payment from the customer after the customer has placed the order.

If several of the above-mentioned alternatives exist, the contract shall be concluded at the time when one of the above-mentioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 If a payment method offered by PayPal is selected, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the Terms and Conditions for Payments without a PayPal Account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer’s offer at the time the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the Seller’s online shop before sending his order, the order data will be archived on the Seller’s website and can be accessed by the customer free of charge via his password-protected user account by providing the corresponding login data.

2.6 Before bindingly placing the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

2.7 Für den Vertragsschluss steht aktuell (März 2021) ausschließlich die deutsche Sprache zur Verfügung.

2.8 Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

2.9 When ordering alcoholic beverages, the customer confirms that he/she has reached the legally required minimum age by sending the order.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s withdrawal policy.

4) Prices and payment conditions

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are global prices that include the statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller’s online shop.

4.4 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 In the case of payment by means of a payment method offered by PayPal, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the Terms and Conditions for Payments without a PayPal Account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

5) Delivery and shipping conditions

5.1 The delivery of goods shall be made by shipping to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing shall be decisive.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. In the event of an effective exercise of the right of revocation by the customer, the provision made in the seller’s revocation instructions shall apply to the costs of returning the goods.

5.3 In the case of pick-up by the customer, the seller shall first inform the customer by e-mail that the goods ordered by the customer are ready for pick-up. After receiving this e-mail, the customer may collect the goods from the seller’s registered office by arrangement with the seller. In this case, no shipping costs will be charged.

5.4 The seller reserves the right to deliver/prepare the next available vintage in case of lack of availability of a vintage, provided that it is equivalent in price and quality. The customer will be informed of this change before delivery/collection via mail.

6) Retention of title

If the seller makes advance payment, he shall retain title to the goods delivered until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1 If the purchased item is defective, the provisions of the legal liability for defects shall apply.

7.2 The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

8) Alternative dispute resolution

8.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

8.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Ganis Online Shop – South Tyrol
GTC’s status: 01.03.2021