General Terms and Conditions of Business and Delivery of the Company Inderst GmbH
1. Definitions
1.1. The term “Inderst” refers to the company Inderst GmbH, in the person of the current legal representative, Mr. Franz Inderst, with its registered office in 39020 Marling (BZ), Neuwiesenweg 2, registration, tax and VAT no. 00628820219, which sells and supplies goods belonging to the product range (hereinafter also referred to as “delivery program”) of Inderst.
1.2. The term “Customer” means the natural or legal person who purchases goods or services from Inderst’s delivery program.
1.3. The term “Contracting Parties” means Inderst and the Customer together.
1.4. The term “Product” or “Goods” means the goods or services from Inderst’s delivery program.
1.5. The term “contract terms” refers to the present general terms and conditions of business and delivery.
1.6. The term “execution” refers to the fulfillment of the legal transaction by Inderst, which was concluded between the contracting parties.
1.7. The term “website” refers to the internet presence of Inderst under the main page https://www.inderst.it/, https://www.inderst-fruitandwine.it and https://www.inderst-agrogarden.it and all its sub-pages.
2. General
2.1. The present contract conditions are valid as a framework contract for all existing and future legal transactions between the contracting parties, in particular also for all online sales, which are carried out via the website https://www.inderst.it/, https://www.inderst-fruitandwine.it and https://www.inderst-agrogarden.it and all its subpages, in particular via the tab “SHOP”. Possible contract conditions provided by the customer, which are in contradiction to the present contract conditions, are ineffective between the contracting parties. Additional agreements require a written confirmation by Inderst to be effective.
3. Contract of sale
3.1. The written order confirmation to be issued by Inderst and to be accepted by the customer shall be exclusively authoritative for the content of the legal transactions agreed between the contracting parties.
3.2. The presentation of the products on the website https://www.inderst.it/, https://www.inderst-fruitandwine.it and https://www.inderst-agrogarden.it and its subpages does not constitute a legally binding offer, but a non-binding online catalog.
4. Prices
4.1. Our prices include the statutory value added tax. The price published on Inderst’s website at the time of the order is binding.
4.2. Not included in the price are the delivery costs.
5. Delivery of goods
5.1. The delivery of the ordered goods takes place during the usual opening hours by self-collection ex works at the office of Inderst in 39020 Marling (BZ), Neuwiesenweg 2. The opening hours are published on the website.
5.2. When ordering the goods, the customer may also agree on their delivery. For deliveries, a request must be made to the e-mail address info@inderst.it or via our contact form on the website.
5.3. The delivery charges are not included in the price. The prices for deliveries will be communicated separately after a corresponding request according to point 5.2.
5.4. Also, the delivery time and conditions will be communicated after a corresponding request according to point 5.2. If there are any irregularities in the shipment, the Customer will be informed immediately.
5.5. The delivery time is purely indicative for Inderst; non-compliance with the same does not entitle the customer to withdraw from the contract or to claim damages of any kind, unless the customer informs Inderst separately and in writing of the indispensability of the delivery date in the order.
5.6. The delivered goods shall be checked for completeness and damage immediately upon receipt.
6. Payment
6.1. In the case of online orders, payment for the goods shall be made via the specially provided online portal before the order is completed. The following payment options are available to the customer:
6.1.1. Bank transfer: After receiving the payment request, the payment can be made in advance by bank transfer.
6.1.2. PayPal: PayPal is an online payment service that allows the Customer to pay securely, easily and quickly. The customer’s account information is stored in his personal PayPal account, and the registration is done exclusively through PayPal. The confirmation about the payment process is immediately sent to Inderst, which allows for quick processing of the order. Further information can be obtained at www.paypal.de.
7. Warranty and liability
7.1. In the case of goods which are accompanied by a user’s manual for handling, use and care of the same, the customer undertakes to read it before use and to strictly comply with the instructions given therein. Inderst shall not be liable for any damage to the goods and/or to other property and/or to persons resulting from improper use of the goods.
7.2. For the purposes of Art. 1519-sexies of the Civil Code, now replaced by Art. 132 of the Consumer Protection Code (GvD No. 206/2005), the warranty period shall be 24 (twenty-four) months from the date of delivery of the goods.
7.3. The warranty does not cover those parts of the goods that are subject to normal wear and tear, as well as defects that arise due to non-conforming use of the goods.
7.4. Any defects concerning the quantity or external characteristics (color, materials) of the ordered goods (so-called open defects) must be notified by the Customer in writing within 8 (eight) days from the date of delivery by registered mail with return receipt or certified electronic mail (PEC). Otherwise, the warranty shall be forfeited.
7.5. Any defects that are not already visible at the time of handover (so-called hidden defects) shall be notified by the Customer in writing by registered letter with acknowledgement of receipt or certified electronic mail (PEC) within 8 (eight) days from the date of discovery of the defect. Otherwise, the warranty shall be forfeited.
8. Cancellation policy
8.1. In accordance with Art. 52 et seq. of the Legislative Decree of 06.09.2005, No. 206 (Consumer Protection Code), in the cases concerned (online sales), the Customer has the right to withdraw from the contract within 14 (fourteen) days without giving any reason. However, there is no right of withdrawal in the cases mentioned in Art. 59 GvD No. 206/2005.
8.2. Further information and instructions on the right of withdrawal are available on the website http://www.inderst.it/, https://www.inderst-fruitandwine.it and https://www.inderst-agrogarden.it under “Right of withdrawal“.
9. Jurisdiction, applicable law and reference
9.1. The exclusive place of jurisdiction for all actions arising from the purchase relationship shall be Bolzano (Italy). Italian law shall apply.
9.2. Mandatory or priority provisions of the Legislative Decree of 06.09.2005, No. 206 (Consumer Protection Code) remain unaffected.
9.3. In the event that a dispute should arise between Inderst and a consumer residing in the European Union regarding contractual obligations arising from online purchase contracts or online service contracts, there is the possibility of an out-of-court settlement by involving an ADR entity (Alternative Dispute Resolution) listed in accordance with Article 20, paragraph 2, of Directive 2013/11/EU and using the OS platform (Online Dispute Resolution). The latter is provided by the European Commission and can be found at http://ec.europa.eu/consumers/odr/
9.4. Always in accordance with the aforementioned Directive 2013/11/EU, with amendments to the Legislative Decree of 06.09.2005, No. 206 (Consumer Protection Code), transposed into national law, the consumer also has the option of local alternative online resolution of consumer disputes. In this case, he can contact the online arbitration board for consumer disputes arising from e-commerce contracts “Onlineschlichter.it”, located at the Consumer Center of South Tyrol, Zwölfmalgreinerstraße 2, I-39100 Bolzano (Italy), Tel.: +39/0471/975597, Fax: +39/0471/979914, e-mail info@onlineschlichter.it. The website and instructions for arbitration are available via the link www.onlineschlichter.it.
10. Data protection
10.1. The personal data of the Customer will be processed in accordance with the Basic Data Protection Regulation No. 679/2016 (“GDPR”) and, where applicable, in accordance with the Legislative Decree of 30.06.2003, No. 196 (Data Protection Code). Responsible for the processing of the data is the company Inderst GmbH with seat in 39020 Marling (BZ), Neuwiesenweg 2.
10.2. Further information on data protection is available on the website http://www.inderst.it/, https://www.inderst-fruitandwine.it and https://www.inderst-agrogarden.it under “Privacy”.
11. Other
11.1. Errors, technical misinformation and typographical errors excepted.
11.2. Color deviations from the catalog or the website are possible.
1.1. The term “contractual terms” refers to these General Terms and Conditions of Business and Delivery.