Conditions
General Terms and Conditions of Mohlwerk, operated by Daniel Gruber
§1 Applicability to Consumers and Definitions
(1) The following General Terms and Conditions apply to all deliveries between us and a consumer in the version valid at the time of the order.
(2) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or professional activity, in accordance with Article 3 of the Italian Consumer Code (D.Lgs. 206/2005).
§2 Conclusion of a Contract, Storage of Contract Text
(1) The following rules regarding the conclusion of a contract apply to orders placed via our online store at http://www.mohlwerk.it.
(2) The contract is concluded with:
Mohlwerk di Daniel Gruber
Gauenberg 10
39050 Tires (BZ), Italy
VAT ID: IT03241770217
(3) The presentation of goods in our online store does not constitute a legally binding contract offer, but merely an invitation for the consumer to place an order. By placing an order for the desired goods, the consumer makes a binding offer to conclude a purchase contract.
(4) The contract is concluded when we accept the order by sending an order confirmation via email.
(5) Storage of the contract text for orders placed via our online store: We will send you the order data and our General Terms and Conditions by email. The General Terms and Conditions can be viewed at any time at http://www.mohlwerk.it. For security reasons, your order data is no longer accessible online.
§3 Prices, Shipping Costs, Payment, Due Date
(1) The prices listed include the applicable Italian VAT and other price components. Any additional shipping costs will be listed separately.
(2) The consumer has the option to pay via PayPal.
§4 Delivery
(1) Unless otherwise specified in the product description, all items we offer are ready for immediate dispatch. Delivery will be made within 7 business days at the latest. For advance payment, the delivery period begins the day after the payment has been received. For all other payment methods, the delivery period begins the day after the contract has been concluded.
(2) The risk of accidental loss or deterioration of the goods passes to the consumer only upon handover of the goods to the consumer.
§5 Retention of Title
We retain ownership of the goods until full payment of the purchase price has been made.
§6 Consumer's Right of Withdrawal
Consumers are entitled to a right of withdrawal according to the following provisions, where a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or professional activity:
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period will expire after fourteen days from the day on which you or a third party other than the carrier, indicated by you, acquires physical possession of the goods.
To exercise your right of withdrawal, you must inform us:
Mohlwerk di Daniel Gruber
Gauenberg 10
39050 Tires (BZ), Italy
Email: baristadg@gmail.com
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax, or email). You may use the attached model withdrawal form, but it is not obligatory.
Effects of Withdrawal
If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of any supplementary costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You will bear the direct cost of returning the goods.
§7 Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract)
To:
Mohlwerk di Daniel Gruber
Gauenberg 10
39050 Tires (BZ), Italy
Email: baristadg@gmail.com
I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods / for the provision of the following service:
(Insert a detailed description of the goods/services)
Ordered on: __________________________
Received on: __________________________
Order Number: __________________________
Name of consumer(s): __________________________
Address of consumer(s): __________________________
Signature of consumer(s) (only if this form is notified on paper):
Date: __________________________
§8 Governing Law
These terms and the contractual relationship between you and Mohlwerk shall be governed by the laws of Italy. Any disputes arising from or in connection with these terms shall be submitted to the exclusive jurisdiction of the courts of Bolzano, Italy.