General Terms and Conditions for On-line Sales

the Company INTERCABLE GmbH /srl

legal representative pro-tempore Kurt Mutschlechner

registered address 39031 Bruneck/Brunico, Rienzfeldstraße/Via dei Campi della Rienza 21

VAT no. 01338390212

entry no. in Register of Enterprises of the Chamber of Commerce of Bozen/Bolzano  01338390212

certified e-mail address: intercable@pec.it

e-mail: info@intercable.com

tel.: 0039 0474 571711, fax 0039 0474 555511.

 

It is agreed that:

- Intercable GmbH/srl, hereinafter “Vendor“ operates the website http://www.orangefox.eu (hereinafter “Website“) and that this is intended for business transactions between the firm and consumers (B2C);

- These General Terms and Conditions for On-line Sales represent an integral and essential part of the purchase contract between Intercable GmbH/srl, and the purchaser expressly declares that purchases are made for purposes that cannot attributed to his trade, business, craft or profession

 

That being said, the following is agreed upon:

1. Object of the agreement

The object of these General Terms and Conditions, which are made available to the purchaser so they can be saved and reproduced pursuant to Art. 12 Legislative Decree 2003/70, is the distance selling by the Vendor of products by means of telecommunications over the company website of Intercable GmbH/srl, based in 39031 Bruneck/Brunico, Rienzfeldstraße/Via dei Campi della Rienza 21, VAT No. 01338390212, registration no. in the Register of Enterprises of the Chamber of Commerce in Bozen/Bolzano VWV 01338390212, certified e-mail address: intercable@pec.it, tel.: 0039 0474 571711, fax 0039 0474 555511.

The Vendor distributes the product on the Website, where he describes the product’s essential features and offers it for distance selling. Due to their characteristics, product illustrations do not necessarily give an exact representation of the product.

The purchaser selects the product and sends the order to the Vendor in accordance with these General Terms and Conditions. After the Vendor has confirmed the order, he undertakes to deliver the product chosen and purchased by the purchaser – according to availability - once the corresponding purchase price has been paid in accordance with the contract.

 
2. Acceptance of Terms and Conditions

As acceptance of the Terms and Conditions, all sections of the on-line form must be carefully completed in full, following the instructions given on the screen, and at the end the boxes ACCEPTANCE OF TERMS AND CONDITIONS and PRIVACY STATEMENT must clicked for these to be accepted.

The Purchaser who submits the order electronically undertakes to unconditionally accept these Terms and payment conditions, and to comply with these in his business relations with the Vendor. He also declares that he has consulted all of the information provided beforehand by the Vendor and has understood it and accepts it in full. He also acknowledges and expressly agrees that the Vendor is not bound by any agreements to the contrary, unless these have been agreed upon previously in writing.

 
3. Procedures for Placing Orders and Selling Prices

The product prices published on the Website are in Euro and are inclusive of value added tax. Such prices are provided in all cases for reference and must be expressly confirmed by the Vendor by e-mail who thereby accepts the order.

Shipping costs, which vary according to the article ordered and destination country chosen, shall always be calculated at the time the on-line order is placed and shall clearly indicated for the purchaser. The total costs for shipping to the delivery address indicated by the purchaser shall be borne exclusively by the purchaser. Exceptions or waivers shall be notified accordingly on the website and/or communicated by e-mail. The purchaser shall be in all cases be notified of the costs prior to the order being confirmed.

A product from the electronic on-line catalogue at the address www.orangefox.eu can be placed in the electronic basket without any obligation. The purchaser may view, change or remove contents from the basket at any time. After confirming the contents of the basket, the purchaser must complete the order form correctly and fully and agree to the on-line purchase.

The ordering procedure may be cancelled at any time by closing the browser window.

The Vendor shall check the availability of the product ordered and expressly confirm that the order has been received by e-mail, which shall once again indicate relevant information on the order. The receipt of the order at this point is still not binding for the Vendor.

The purchaser grants the Vendor the express right to accept only a part of the order (for example, when not all the products are available). In this case the contract shall be valid only for the products that have been confirmed as accepted.

The Vendor shall notify the purchaser pursuant to Art. 12 Legislative Decree 2003/70 that every order received at the Vendor’s headquarters in digital format on the server/on paper shall be stored or saved in line with criteria of confidentiality and data security. 

 
4. Conclusion of Contract

The contract shall be considered concluded at the point in time when the purchaser receives a formal confirmation of acceptance by e-mail from the Vendor. In this e-mail the Vendor shall explicitly confirm acceptance and filling of the order.

The Vendor’s registered office shall be deemed the place in which the contract is concluded. 

 

5. Methods of Payment

The payment of the purchase price and any other amounts payable under the contract may only be paid by the purchaser using one of the following methods: payment in cash or through a POS terminal, payment by bank transfer or on-line payment by credit card, through Paypal.

a) Payment by bank transfer: payment is to be made to Banca Nazionale del Lavoro IBAN: IT14 L010 0558 2400 0000 0002 002. The goods will be despatched after receipt of payment has been confirmed. The order shall be cancelled if the transfer is not made within the set deadline or in any case within 15 days.

b) Payment by credit card: the following credit cards are accepted: Visa, MasterCard, American Express.

c) Payment through Paypal.

 
6. Methods of Delivery

If the purchased goods are not collected personally by the purchaser from the Vendor’s premises, they shall be delivered by means of a freight forwarder or courier service chosen by the Vendor to the delivery address given by the purchaser within the deadline indicated in the confirmation e-mail. Depending on the article, goods may be delivered exclusively to the destination countries listed specifically on the website.

If the Vendor is unable to carry out delivery within this timeframe, the buyer shall be informed of this in a timely manner by e-mail.

On request from the purchaser and on the condition that the Vendor agrees, deliveries are also possible in other countries not listed above. The terms of delivery and payment, as well as any applicable costs – which in any case are to be borne by the purchaser – shall in these cases be agreed upon on an individual basis by the contracting parties.

The purchaser will be sent an identification number in the confirmation e-mail from the Vendor for the goods despatched, which may be used at any time to trace the consignment.

If the purchaser is absent at the time of delivery, a notice will be left with the information needed to contact the courier or freight forwarder in order to agree on terms of delivery. The Vendor shall not be liable if the purchaser does not collect the goods from the courier or freight forwarder as agreed upon.

The Vendor shall not be liable for any delay or failure to deliver goods in the event that the purchaser provides inaccurate or incorrect address information. Likewise the Vendor assumes no liability in the event that the purchaser does not receive the goods delivered.

On receipt of goods, the purchaser must make certain that the delivered goods correspond with those ordered and that the parcel is received in an undamaged state. Since all deliveries made by freight forwarder or courier are insured against theft and damage, the purchaser must sign the delivery documents only after the goods have been inspected for these, subject to the right of revocation provided for in Art. 10 of the Terms and Conditions.

 
7. Limitation of Liability

The Vendor shall not assume any liability for goods being delivered late or not at all in the case that these are attributable to force majeure, such as accidents, explosions, fire, strikes and/or lockouts, earthquakes, floods or other comparable events, which prevent timely execution of the contract either wholly or in part.

The purchaser cannot hold the Vendor liable – except in cases of wilfulness and gross negligence - for malfunctions or interruptions in the use of the Website.

For the reasons mentioned above, the Vendor is not liable towards the contracting party or any third parties for damage, loss and costs incurred due to non-fulfilment of the contract.

The Vendor is not liable for any fraudulent or unlawful use of credit cards, cheques and other means of payment used by third parties for payment of the ordered goods, if he can prove that all precautionary measures possible were taken, in accordance with current knowledge and experience and with due diligence.

 
8. Warranty and Customer Service

The Vendor sells only original, high quality goods.

If the purchaser has any questions, complaints or suggestions he can contact service@intercable.com or the telephone number +39 0474 571711 (available from Monday to Friday, 08.00 – 17.00 hours). In order to ensure that questions, complaints or suggestions are processed quickly, the purchaser should describe the problem as accurately as possible and where applicable send a copy of the order documentation or provide the order number, customer number, etc.

In the case of non-conformance, the provisions concerning statutory warranty requirements pursuant to Legislative Decree 2005/206 apply.

The warranty applies only for the goods listed in Legislative Decree 2005/206.

 
9. Obligations of the Purchaser

The purchaser undertakes on conclusion of the contract to pay the purchase price for the goods ordered within the time limit and using the method set out in the contract.

After completing the ordering process, the purchaser must print out and keep these General Terms and Conditions, which he in a compulsory stage of the ordering process has already viewed and accepted, as well as the product specifications for the ordered goods, in order to respect in full the conditions set out in Legislative Decree 2005/206.

The purchaser is strictly forbidden, when registering for the relative on-line form to enter false and/or invented data. When providing personal details and e-mail address, only the person’s own genuine data must be entered and not those of third parties or invented persons. The purchaser thereby assumes all liability for the accuracy and truthfulness of the data provided on the registration form that completes the ordering process.

The purchaser shall hold the Vendor harmless against any liability for submitting incorrect tax documents as a result of false information provided by the purchaser, who is solely responsible for the correct entering of data.

 

10. Right to withdraw pursuant to legislative decree no. 2005/206

For goods that pursuant to Art. 59 Legislative Decree 2005/206 are not explicitly excluded from the right to withdraw, the purchaser may cancel the concluded contract without any penalty and without stating the reasons therefor within 14 (fourteen) days from receiving the ordered goods.

In the event that the purchaser would like to exercise his right to cancel, he must inform INTERCABLE GmbH/srl, 39031 Bruneck/Brunico, Rienzfeldstraße/ Via dei Campi della Rienza 21, VAT no. 01338390212, e-mail: info@intercable.com, tel. 0039 0474 571711, fax 0039 0474 555511 of this giving a clear explanation (eg a letter sent by post, fax or e-mail). Alternatively the purchaser may use the attached sample withdrawal form provided pursuant to Legislative Decree 2014/14.

In order to comply with the withdrawal time limit, it is sufficient for the purchaser to send the notification of the right to exercise the right to withdraw before expiry of the withdrawal period. The burden of proof with regard to the intended exercising of the right to withdraw shall lie with the purchaser.

Goods must be returned without delay and in any case within 14 (fourteen) days at the latest from the time the purchaser notified the Vendor of his decision to withdraw from the contract. The purchaser must pay for any loss in value of the goods when such loss is attributable to handling these more than is necessary to ascertain the condition, characteristics and mode of operation of the goods.

By exercising the right to withdraw, the purchaser bears all costs directly related to the returning of the goods, the amount of which is given in the table.

The purchaser who accordingly exercises his right to withdraw will be reimbursed all amounts already paid, including delivery costs. An exception thereto are any additional costs incurred because the purchaser expressly opted for another, cheaper standard delivery to the one offered by the Vendor. The costs are reimbursed without delay and in any case within 14 days from the time the Vendor was notified of the decision of the purchaser to exercise right of withdrawal, in accordance with provisions, and in any case, after the Vendor has collected the goods through a freight forwarder or courier service he trusts. In order to ensure that the price of the goods is reimbursed, the purchaser must not use the delivered goods for a period of time longer than is necessary to carry out a trial operation.

The Vendor may withhold the reimbursement until he has received the products back or until the purchaser has provided evidence that he has sent the goods back, whichever is the earlier. Such withholding on the part of the Vendor shall not apply if he has offered to collect the goods himself.

After receipt of the purchaser’s declaration to exercise his right to withdraw, the contracting parties are released from their respective obligations; the provisions of this article shall remain unaffected thereby.

  
11.   Communications

Communications between the Vendor and purchaser shall be made preferably by e-mail-messages to their respective e-mail addresses, which shall be considered by both contracting parties as a valid means of communication and whose use is permitted in a court of law not only on the grounds of the fact that they are electronic documents.

Written notifications to the Vendor and any complaints are only valid if they are sent to the address of Intercable GmbH/srl, registered office in 39031 Bruneck/Brunico, Rienzfeldstraße/ Via dei Campi della Rienza 21, VAT no. 01338390212, certified e-mail address: intercable@pec.it, e-mail: info@intercable.com, tel.: 0039 0474 571711, fax 0039 0474 555511.

Either party to the contract may change his e-mail address for the purposes set out in this article at any time, as long as he immediately informs the other contracting party of this in compliance with the methods described in the above paragraph.

  
12.  Processing of Personal Data

The purchaser explicitly declares that he has received the information pursuant to Art. 13 Legislative Decree 2003/196 (Data Protection Code) and viewed the disclaimer in the "Privacy" section of the website.

The rights set out in the Privacy Policy and the Vendor’s duty to provide information are to be checked before completion of the online ordering process. Submission of the confirmation of order therefore implies complete knowledge of these.

Customers’ privacy is protected by the Vendor, who guarantees that the data is processed in accordance with the privacy policy pursuant to Legislative Decree 2003/196.

Personal and tax data, which are acquired by the Vendor as owner of the data processing either directly and/or through third parties, are recorded and processed, depending on the processing method used, on paper or by electronic or telematic means for the following purposes: registration of order, implementation of the procedures for the fulfilment of the contract and the communications related thereto, fulfilment of any legal obligations as well as guaranteeing an efficient handling of business relations in such a way as to ensure that the service required is rendered in the best possible way (Art. 24, Paragraph 1, Letter b, Legislative Decree 2003/196).

The Vendor undertakes to treat the data and information communicated by the purchaser as confidential and not to disclose these to unauthorised parties nor use them for purposes other than those intended or to pass them on to third parties. These data shall only be disclosed on demand by judicial authorities or other public bodies authorised by law.

Personal data shall only be passed on to people who have been assigned to carry out the activities required for fulfilling the contract and who have previously undersigned an obligation to treat these data as confidential. Data are transmitted exclusively for this purpose

The purchaser is entitled to the rights set forth in Art. 7 Legislative Decree 2003/196, including the right:

a) to demand that data be updated,  rectified or, where there is an interest, be integrated;

b) to demand that unlawfully processed data be erased, blocked or transformed into an anonymous form; this also applies to data for which storage, for the purposes have been collected and subsequently processed for, is not required;

c) to receive confirmation that the operations referred to in points a) und b), also regarding their contents, to whom they were communicated, whose information was communicated or to whom it was circulated, as long as this does not prove to be impossible or involve the use of means that are grossly disproportionate to the right being safeguarded. The person concerned furthermore has the right, in full or partially:

i) to oppose the processing of personal data concerning them for legitimate reasons, even if the data are pertinent to the purpose for which they were gathered;

ii) to oppose the processing of personal data concerning them, when the processing is for the purposes of sending out advertising material or direct selling or for market or opinion research or for commercial information.

Provision of the purchaser’s personal data is a necessary precondition for the Vendor to fulfil the contract in an orderly, timely manner. Without these the purchaser’s order cannot be processed.

The data obtained shall not in any case be retained for longer than is necessary for the purposes   for which the data are collected or further processed. Their deletion is carried out in a secure manner.

The Vendor is the owner of the collection and processing of personal data. The purchaser may direct his enquiries and requests to the Company’s registered office.


13.   Place of Jurisdiction

If a dispute cannot be settled amicably, it will be submitted to the court pursuant to Art. 66-bis Legislation in the territorial jurisdiction where the purchaser is domiciled, as long as this lies within Italian territory.

If the purchaser is not an end customer, or the purchaser has no domicile in Italy, then the Court of Bozen/Bolzano is exclusively competent for all disputes.

 
14.  Applicable Law and Legal Reference

The present contract is governed by Italian law

Unless otherwise explicitly stipulated herein, Italian statutory provisions that are applicable to the business relations and business transactions provided for in this contract shall prevail and in any case the provisions of the Italian Civil Code and of Legislative Decree 2005/206 (Consumer Code).

 
15. Final Provisions

This contract cancels and replaces all previous written and verbal agreements, arrangements and negotiations between the contracting parties concerning the subject matter of this contract.

Any possible invalidity of individual provisions shall not annul the effectiveness of the contract.

These General Terms and Conditions have been drawn up in Italian and German. The contracting parties agree that in the case of difficulties of interpretation the text in Italian shall be considered the authentic and effective version.

 

Date Signature

Vexatory Clauses

Pursuant to Arts. 1341 and 1342 of the Italian Civil Code the purchaser expressly declares that he has read and understood the above-mentioned clauses, the headings of which are reproduced here by way of example, and that he explicitly accepts these: Art. 2. Acceptance of Terms and Conditions, Art. 3. Procedures for Placing Orders and Selling Prices, Art. 6. Methods of Delivery, Art. 7. Limitation of Liability, Art. 9. Obligations of the Purchaser, Art. 10. Right to withdraw pursuant to legislative decree no. 2005/206 and Art. 13. Place of Jurisdiction.

Date Signature

 

Sample

Declaration of Withdrawal

pursuant to Art. 49 Paragraph 1, letter h Legislative Decree 2014/21

To the Vendor INTERCABLE GmbH/srl, in the person of its legal representative pro-tempore Kurt Mutschlechner, with headquarters in 39031 Bruneck/Brunico, Rienzfeldstraße / Via dei Campi della Rienza 21, VAT no. 01338390212, certified e-mail address: intercable@pec.it, e-mail: info@intercable.com tel.: 0039 0474 571711, fax 0039 0474 555511.

I am writing to notify you that I …, resident in …, street, tax identification number…, would like to exercise my right of withdrawal with regard to the purchase contract …  concerning the following products …..

The order was placed on …, the confirmation e-mail from the Vendor was received by me on …. the goods were delivered (if relevant) on  …

Date and signature