GENERAL TERMS AND CONDITIONS

 

Art. 1 General provisions

These terms and conditions govern the online sale of products offered by the Social Cooperative VergissMeinNicht with registered office in Bruneck (BZ), Graben 18 – VAT no. 02886960216 – registration number in the Register of Economic and Administrative Data (REA) Bolzano 213844, hereinafter “VergissMeinNicht”, via its official website www.vergissmeinnicht.bz.it.

 

These provisions may be subject to change and the date indicated below corresponds to the date on which the provisions were created and published on the website and entered into force.

 

The provisions apply exclusively to purchases made on the official website www.vergissmeinnicht.bz.it in compliance with the provisions of Part III, Title III, Chapter I of the Consumer Code, Legislative Decree no. 206/2005, as amended by Legislative Decree no. 21/2004 and Legislative Decree 70/2003 on electronic commerce.

 

Art. 2 – Conditions prior to the conclusion of the contract

Before concluding the purchase contract, the customer is informed of the following by confirming the order with “Order with costs”:

– the total price of the goods including taxes with exact details of the shipping costs and all other costs;

– the method of payment;

 

Art. 3 – Subject matter of the contract
These general terms and conditions govern the sale of products offered on the official website www.vergissmeinnicht.bz.it by VergissMeinNicht.
By using the procedure for placing an order on the website, the user accepts the general terms and conditions currently in force and the privacy policy indicated therein, which VergissMeinNicht applies as the data controller.
The user (hereinafter referred to as the customer) is required to carefully read the general terms and conditions provided by VergissMeinNicht and currently in force, which are generally and unequivocally accepted at the time of purchase, before accessing the products on the websites.
In the e-mail confirming the order, the customer will also receive a link to download and save a copy of these general terms and conditions, as provided for in art. 51, paragraph 1 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.

Art. 4 – Products offered
The movable goods sold by VergissMeinNicht are items of clothing, accessories and articles of daily use.

 

Before concluding the purchase contract and before making his choice, the customer can consult the characteristics of the goods presented in the dedicated sections of the website.

 

Art. 5 – Conclusion and validity of the contract
The contract is concluded exclusively via the Internet. The contract is concluded via the webshop on the website www.vergissmeinnicht.bz.it and by placing an order in accordance with the procedure provided for on the website.
An order without registration is provided for the purchase. To conclude the contract, a form must be completed in electronic format and then sent in accordance with the instructions.
The purchase contract is deemed to have been concluded with the order confirmation email sent by VergissMeinNicht. The e-mail will contain the customer’s details and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent, as well as the link to print and save a copy of these terms and conditions. The customer undertakes to check the accuracy of the personal data in the above-mentioned e-mail and to notify any necessary corrections/changes immediately.
The customer is obliged to pay the price as soon as the online order has been finalised.
As soon as the contract has been finalised, the order will be processed.
VergissMeinNicht undertakes to deliver the goods within 3 to 7 working days from the sending of the email confirming the order by VergissMeinNicht.

 

Art. 6 – Availability of the products
The availability of the products or the materials to make the product refers to the actual availability at the time the customer places the order.
However, the indication of availability is not binding, as the products may have been purchased by other customers before the order is confirmed, as there may be several users on the website at the same time, or there may be malfunctions caused by the IT system, as a result of which a product is displayed as available for purchase that is not actually available.
Furthermore, even in the case of an order confirmation email sent by VergissMeinNicht, situations may arise in which all or part of the goods are not available.
In such cases, the order will be automatically corrected and the unavailable product(s) cancelled. The customer will be informed immediately by e-mail about this and about the possibility of replacing the product with other products on offer.
If the customer wishes to cancel the order and terminate the contract, VergissMeinNicht will refund any amounts already paid by the customer.
The customer will be informed of the procedure and deadlines for the refund of any sums paid.

Art. 7 – Payment methods and prices
The price of the products corresponds to the price shown for each product on the official website www.vergissmeinnicht.bz.it.
The prices indicated are in euros, including VAT and excluding shipping costs.
The shipping costs will be displayed at the end of the purchase procedure before finalising payment.

 

Prices are subject to change at any time. However, these changes do not affect orders for which the order confirmation has already been sent. Therefore, the goods will be invoiced on the basis of the prices indicated on the website and in the confirmation e-mail sent to the customer at the time the order is created.

Payment can be made using the following payment methods indicated on the website:
– Credit cards indicated at the time of payment
– Bank transfer in advance

 

Art. 8 – Delivery

VergissMeinNicht undertakes to deliver the goods within 3 to 7 working days from the sending of the email confirming the order by VergissMeinNicht.

If delivery is not possible, the order will be forwarded to the warehouse. In this case, a message will indicate the location of the order and how a new delivery can be arranged.

If the product purchased by the customer cannot be delivered for reasons attributable to the customer, the contract shall be deemed cancelled 30 days after dispatch and VergissMeinNicht shall no longer be bound by the contract with the customer.

If the carrier loses/destroys the product purchased by the customer, all amounts including shipping costs and excluding any additional costs will be refunded by VergissMeinNicht.

The shipping costs shall be borne by the customer and will be expressly indicated when the order is placed.

Art. 9 – Legal warranty
VergissMeinNicht shall be liable for any defects in the products offered within the aforementioned websites, including the non-compliance of the items with the products ordered, in accordance with the legal provisions in force in Italy.

VergissMeinNicht shall be liable for any defects in the products offered within the aforementioned websites, including the non-compliance of the items with the products ordered, in accordance with the legal provisions in force in Italy.
1. restoring the conformity of the products by replacing them free of charge.
2. to receive a voucher of the same amount that can be used for other purchases
3. the cancellation of the contract regarding the faulty goods and the subsequent refund of the purchase price.

 

Art. 10 – Transfer of risk
The risks relating to the products shall be borne by the customer upon receipt of the goods.
Ownership of the products shall be deemed to have been acquired as soon as payment of all amounts due in connection with them, including shipping costs, has been made, or at the time of delivery if this takes place at a later date.

Art. 11 – Right of withdrawal
In accordance with the regulations in force, the customer has the right to withdraw from the purchase without penalty and without giving any reason within 14 days of receipt of the products.
The user who wishes to exercise his right of withdrawal must immediately notify VergissMeinNicht by means of an express declaration or enclose the return slip with the return shipment.

 

Art. 12 – Return of goods
When returning the goods, the customer is obliged to return the purchased products within 14 days of receipt of the goods.
The goods must be in their original condition, unused, show no signs of use and be returned in full. The products must be in a normal state of preservation. The customer is only liable for a reduction in value resulting from handling that deviates from the “normal” handling necessary to examine the nature, characteristics and functioning of the goods.

 

Without prejudice to the right to verify compliance with the above, VergissMeinNicht will refund the amount of the products purchased and returned, excluding shipping costs, within 14 days of receipt of the products.
All return costs are at the expense of the customer and VergissMeinNicht is released from any liability for the return.

The refund will be made using the same payment method selected by the customer at the time of purchase, with the exception of payment by credit card. If the payment was made by credit card, the customer must provide VergissMeinNicht with the necessary bank details for the refund and enter them in the return slip to be enclosed with the parcel.

 

Art. 13 – Data processing
he customer’s data will be processed by VergissMeinNicht in compliance with the applicable regulations on the protection of personal data, as laid down in the privacy policy pursuant to Art. 13 of GDPR 679/2016 (https://vergissmeinnicht.bz.it/en/privacy/).

 

Art. 14 – Applicable law and jurisdiction
These general terms and conditions are governed by Italian law, which also forms the basis for their interpretation.

In accordance with EU Regulation no. 524/2013, the Buyer is informed by the Seller that, in the event of a dispute, it may submit a complaint via the European Union’s online dispute resolution platform (ODR platform), accessible at the following link: http://ec.europa.eu/consumers/odr http://ec.europa.eu/consumers/odr or, on a voluntary basis, use the dispute resolution procedures provided for by Legislative Decree 28/2010 via the website http://www.conciliareonline.it www.conciliareonline.it

All disputes that cannot be settled amicably fall within the jurisdiction of the court of the customer’s place of residence or domicile, if this is within the national territory.

Art. 15 – Final provision
TThis contract cancels and replaces all previous written and verbal agreements, arrangements and negotiations between the contracting parties on the same subject matter of this contract.

The contract shall remain binding in its remaining parts even if individual provisions are invalid. Should a provision be invalid in whole or in part, the contracting parties shall endeavour to find an interpretation that comes closest to the purpose of the contract.

In the event of any typing errors that could lead to misunderstandings, the buyer cannot demand compensation.

These General Terms and Conditions have been drawn up in Italian, English and German. The contracting parties agree that in the event of difficulties of interpretation, the text in German shall be deemed authentic and effective.

Bruneck, 31.07.2023