Terms of service
GENERAL TERMS AND CONDITIONS FOR ONLINE SALES
of My Senso G.m.b.H., whose registered office is located at Kravoglstraße 5/B, 39100 Bozen, VAT no. 02804180210, e-mail address: info@mysenso.it, tel. 0039 0471 053295, in the person of its legal representative, Mr Siegfried Putz (hereinafter the “Vendor”);
Recitals:
• the Vendor operates the website at www.mysenso.it (hereinafter the “Website”);
• the purpose of the Website is transactions between businesses and consumers (B2C);
• the “General terms and conditions for online sales” means the Vendor’s agreement to purchase consumer goods as concluded between the Vendor and the Purchaser in the context of a distribution system for distance selling organised by the Vendor;
• the brand mark and logo of the Website are the exclusive property of the Vendor;
• these terms and conditions govern online sales between My Senso G.m.b.H. and the Purchaser, who expressly declares that it is making purchases for purposes that are not related to its potential business or professional activities;
• these recitals are an integral and essential part of the agreement;
The following is now agreed:
1. Scope of agreement
1.1. These general terms and conditions, provided to the Purchaser for reproduction and safekeeping pursuant to Article 12 of Legislative Decree no. 70 of 9 April 2003, govern the distance purchasing of products by means of long-distance communication via the Website of the Vendor, whose registered office is located at Kravoglstraße 5/B, 39100 Bozen, VAT no. 02804180210, email address: info@mysenso.it, tel. 0039 0471 053295.
1.2. By means of this agreement the Vendor sells and the Purchaser buys via distance selling the products listed and offered for sale on the Vendor’s Website.
1.3. The essential features of the products are described on the Vendor’s Website. Illustrations of the products are not necessarily an accurate depiction of their features.
1.4. The Vendor undertakes to deliver the selected products, if available, on payment of the corresponding amount in accordance with Article 3 of this agreement.
2. Acceptance of terms and conditions
2.1. Following registration on the Website and input of the ID and PW to permit access to an area protected by a security protocol, the Vendor will communicate all orders to the Purchaser on completion of the order process as specified.
2.2. The Purchaser must check these general terms and conditions online prior to completing the order; its placement of the order thus implies full knowledge and acceptance of these conditions.
2.3. By submitting confirmation of an order via telematic means, the Purchaser fully accepts the business and payment terms as described below and agrees to observe them in its dealings with the Vendor; it declares that it has seen and accepted all information provided by the Vendor in the sense of the above and furthermore acknowledges that the Vendor is bound to no other conditions unless these have been agreed beforehand in writing.
2.4. Acceptance of the terms and conditions requires all sections of the online form to be correctly completed in full in accordance with the on-screen instructions: to indicate acceptance, the boxes Annahme der Geschäftsbedingungen1 and Datenschutzinformation2 must then be ticked. 1 Acceptance of terms and conditions 2 Privacy
3. Ordering procedure and selling prices
3.1. The products and prices appearing on the Website are specified in euros. This information is always indicative and must be expressly confirmed via e-mail by the Vendor, who thereby accepts the order.
3.2. The products indicated on the homepage or in other sections of the Website are inclusive of VAT but do not include any taxes, duties or other customs fees that may be applicable in the country of destination of the products (if this is not Italy) that are in any case to be borne by the Purchaser. Deliveries will be made to the countries indicated on the homepage of the Website www.mysenso.it, with the delivery costs for individual countries also indicated here. The costs of shipping to the Purchaser’s address will be borne by the Purchaser, except in the case of exceptions or waivers as accordingly indicated on the Website and/or via email. Costs will in all cases be communicated to the customer prior to confirmation of the order.
3.3. Receipt of the order is not binding on the Vendor unless the order has been expressly accepted via e-mail. After the Vendor has checked the availability of the ordered product, it will confirm via e-mail its formal acceptance of the order received.
3.4. The Purchaser expressly grants the Vendor the right also to make partial acceptance of the order (for example if not all of the products ordered are available). In this case, the agreement is considered concluded for those goods actually sold.
4. Conclusion of the agreement
4.1. The agreement concluded via the Website comes into force at the time when the Purchaser receives formal confirmation of the order via e-mail, by means of which the Vendor accepts the Purchaser’s order and notifies the latter that the order can be fulfilled. The agreement is concluded at the place where the registered office of the Vendor is located.
5. Payments
5.1. The Purchaser may only make payment in the following forms: advance payment via bank transfer or online payment with a credit card or with PayPal.
a) Advance payment via bank transfer: payment must be made to IBAN: IT52Z 08081 11603 000303033881 - Swift-Bic: RZSBIT21303.
The goods will be readied for shipping following receipt of payment
b) Online payment with a credit card: payment can be made using the following credit cards: Visa or MasterCard. The amount to be paid will be charged on completion of the order. Note that the bank may require a PIN code or a password for payments made using Visa or MasterCard. If the customer does not know the PIN code or password, it must contact the relevant bank.
c) Online payment with PayPal.
6. Deliveries
6.1. The Vendor will send the products selected and ordered in accordance with the procedures described above to the Purchaser using a trusted forwarder or courier to the address specified by the Purchaser. Depending on the item and the desired destination, deliveries will normally be made within a period of between 24 (twenty-four) hours and 10 (ten) working days following receipt of payment, as indicated in the e-mail confirmation to be sent to the Purchaser. If the Vendor cannot make delivery within this period, but can do so within 30 days of conclusion of the agreement, the Purchaser will be notified in good time via e-mail. Ordered goods will in all cases only be sent following receipt of payment: the above-mentioned delivery period will thus run from this time.
6.2. If the Purchaser is absent, a note will be left with the necessary information for contacting the forwarder or courier in order to arrange delivery.
6.3. The Vendor is not liable for any delay or failure in delivering the goods in the event that the Purchaser has inaccurately or incorrectly specified the address data.
6.4. On receipt of the goods, the Purchaser must ensure that the product delivered matches the order; the Purchaser should only sign the delivery docket after this check has been made, subject to the right of withdrawal in accordance with Article 10 of the general terms and conditions. There is no right of withdrawal for goods sold that have been “made to measure” for the Purchaser.
7. Liability limitations
7.1. The Vendor assumes no liability if the goods are delayed or not delivered in the event of force majeure, such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods or other similar events that prevent the timely performance of the agreement, whether in whole or in part.
7.2. The Purchaser cannot make the Vendor liable for faults or interruptions regarding the use of the internet that are beyond the Vendor’s control, except in the case of intent or gross negligence on the part of the latter.
7.3. The Vendor is not liable towards the parties to the agreement or towards third parties for any damage, loss or costs arising due to the non-performance of the agreement on account of the reasons mentioned above: the consumer is only entitled to a refund of any price paid.
7.4. The Vendor is not liable for any fraudulent and unlawful use of credit cards, cheques or other means of payment by any third party for the payment of the products ordered if it can prove that it took all possible precautionary measures according to current knowledge and experience and acted with all due diligence.
8. Warranty and customer service
8.1. The Vendor will only sell original, high-quality products. The Purchaser can contact info@mysenso.it in the event of any questions, complaints or suggestions. In order to ensure the prompt processing of questions, complaints or suggestions, the Purchaser should describe the problem as accurately as possible and if necessary submit copies of the order documents or specify the relevant order number, customer number, etc.
8.2. In the event of conformity defects, the provisions of Legislative Decree no. 206 of 6 September 2005 will apply. The Vendor will therefore remain liable for a period of two years after delivery of the goods for defects that existed at the time of sale. Any defects must be reported within two months of their discovery, otherwise the Purchaser’s right to claim under the warranty expires.
8.3. The warranty applies only to those products listed in Legislative Decree no. 206 of 6 September 2005.
9. Obligations of the Purchaser
9.1. The Purchaser undertakes to pay the purchase price of the goods ordered in the contractually agreed time and form.
9.2. On completion of the order, the Purchaser must print out and keep these general terms and conditions, which have already been seen and accepted as a mandatory part of the order process, as well as the specifications of the product ordered in order to meet in full the conditions of Legislative Decree no. 206 of 6 September 2005.
9.3. The Purchaser is strictly forbidden from entering false and/or invented and/or imaginary data during the registration process via the relevant online form. For personal information and e-mail addresses only real personal data is permitted, not that of third parties or fictional persons. The Purchaser thus assumes full liability for the correctness and truth of the information provided on the registration form on conclusion of the ordering process.
9.4. The Purchaser will hold the Vendor harmless from any liability arising from the submission of incorrect tax documents owing to false statements made by the Purchaser, who remains solely responsible for the correctness of the data entered.
10. Right of withdrawal under Legislative Decree no. 206/2005
10.1. The right of withdrawal applies only to those products listed in Legislative Decree no. 206 of 6 September 2005.
10.2. The Purchaser may withdraw from the concluded agreement without penalty and without giving any reason within fourteen (14) days of receipt of the goods ordered.
10.3. If the Purchaser wishes to exercise its right of withdrawal, it must inform the Vendor thereof by means of the form provided for this purpose in Annex I, section B of Legislative Decree no. 21/2014 or by means of any other explicit and unambiguous statement regarding its decision to withdraw from the agreement. The Purchaser bears the burden of proof regarding the proper exercise of its right of withdrawal. For the purposes of exercising the right of withdrawal and in place of the issuance of the above communication, goods may be returned provided that this is carried out within the same time limit and according to the procedures specified in Article 11. The relevant date will be that of the handover of goods to the post office or the forwarder.
10.4. Goods must be returned without delay and in any case within no more than 14 (fourteen) days of the date on which the Purchaser notifies the Vendor of its decision to withdraw from the agreement. A refund of the full purchase price may only be claimed if the goods are returned undamaged and in any case in an acceptable condition following due checking of the composition, properties and functioning of the goods.
10.5. The Purchaser may not claim any right of withdrawal should the goods supplied have been produced according to customer specifications or are tailored to personal needs, or if by their very nature they cannot be returned, or they will spoil quickly, or their expiry date will be exceeded.
10.6. Should the Purchaser exercise its right of withdrawal under this article, it will be liable for any costs directly linked to the return of the goods to the Vendor.
10.7. If the Purchaser properly exercises its right of withdrawal, the amounts already paid will be refunded, with the exception of any additional costs incurred because the buyer has expressly opted for a different type of delivery than the most economical standard delivery offered by the seller. Costs will immediately be refunded and in any case within 14 days of the notification of the Vendor of the Purchaser’s decision to exercise its right of withdrawal. The Vendor may however refuse to make such refund until the goods have been returned, or until the Purchaser has provided proof that it has returned the goods, depending which is earlier, unless the Vendor has itself offered to collect the goods.
10.8. Following receipt of the notification by means of which the Purchaser notifies the Vendor that it is exercising its right of withdrawal, the parties to the agreement will be released from their respective obligations; the provisions of this article remain thereby unaffected.
11. Communication
11.1. Unless expressly stated or in those cases stipulated by law, communication between the Vendor and the Purchaser will preferably be via e-mail sent to their respective e-mail addresses, which will be regarded by both parties as a valid means of communication; no objection may be made before the courts to such use simply because electronic documentation is involved.
11.2. Written communications to the Vendor and any complaints will only be valid if addressed to My Senso G.m.b.H., whose registered office is located at Kravoglstraße 5/B, 39100 Bozen, or sent via e-mail to info@mysenso.it.
11.3. Both parties may at any time change their e-mail addresses for the purposes of this Article provided they immediately notify the other party to the agreement in the form specified in the above paragraph.
12. Processing of personal data
12.1. The Purchaser expressly declares that it has seen the Website information in accordance with Art. 13 of Legislative Decree no. 196 of 30 June 2003 (Privacy Code) and the “Privacy Policy”. The rights set out in the data protection regulations and the Vendor’s information obligations must be checked online prior to completing the order process. The notification of the order confirmation thus assumes full knowledge of these.
12.2. The Vendor will protect the privacy of customers and ensure that data is processed in accordance with the data protection provisions of Legislative Decree no. 196 of 30 June 2003.
12.3. Personal and tax data obtained by the Vendor as the controller of the data processing, whether directly and/or via third parties, will be gathered and processed according to the processing type and method in paper or electronic and telematic form for the following purposes: order registration; implementation of procedures for the performance of the agreement and the related communications; compliance with any statutory requirements; and ensuring the efficient management of business relationships in the manner required to provide the required service in the best possible way (Art. 24 (1) (b) of Legislative Decree no. 196/2003).
12.4. The Vendor undertakes to ensure the confidentiality of the data and information supplied by the Purchaser and not to permit access thereto by unauthorised persons nor to use this for any purpose other than that intended nor to pass it on to third parties. The data will be disclosed only at the request of the courts or of any other body so authorised by law.
12.5. Personal data will only be transmitted to those persons who are entrusted with the activities necessary for the performance of the agreement and who have previously signed an undertaking to ensure the confidential treatment of such data. Data will be transmitted solely for this purpose.
12.6. The Purchaser is entitled to the rights set out in Article 7 of Legislative Decree no. 196/03, including the following rights: a) the updating, correction or, if such interest exists, the completion of the data; b) to require that unlawfully processed data be deleted, made anonymous, or blocked: this also applies to data whose safekeeping is no longer necessary for the purposes for which it was collected or subsequently processed; c) to obtain confirmation that the procedures under a) and b), including in respect of their content, have been notified to the persons to whom the data has been communicated or distributed, unless this proves impossible or requires a disproportionate effort compared to the right protected. The person concerned also has the right, in whole or in part, to: i) oppose the processing of personal data concerning them for legitimate reasons, even if such data is pertinent to the collection purpose; ii) oppose the processing of personal data concerning them if this will be done for the purposes of sending advertising material or for direct sales, for market or opinion surveys, or for marketing information.
12.7. The disclosure of the Purchaser’s personal data is required for the proper and timely performance of the agreement, otherwise the Purchaser’s order cannot be completed.
12.8. The data acquired will in no circumstances be stored for any longer than is necessary for the purposes for which it was collected or subsequently processed. Data will be securely deleted.
12.9. The Vendor is the controller of the collection and processing of personal data: the Purchaser may submit requests and enquiries to the Vendor to its registered office.
13. Place of jurisdiction
13.1. The parties to the agreement shall together seek a fair and amicable solution to any disputes arising from or in connection with this agreement.
13.2. If a dispute cannot be amicably settled, and in any case within six months of its arising, such dispute shall, pursuant to Legislative Decree no. 206/05, be submitted to the Court in whose jurisdiction the Purchaser is domiciled; if the Purchaser is not the end consumer, it is agreed that only the Court of Bozen shall have competence for all disputes, including those deviating from the provisions governing territorial jurisdiction.
14. Applicable law and legal references
14.1. This agreement is governed by the laws of Italy.
14.2. Unless otherwise expressly stated here, the legal provisions governing the business relationships and business cases provided for in this agreement will apply, as in all cases will the provisions of the Italian Civil Code and of Legislative Decree no. 206 of 6 September 2005 (the Consumer Code).
15. Final provisions
15.1. This agreement cancels and replaces all previous written and oral agreements, understandings and negotiations of the parties regarding the scope of this agreement.
15.2. The ineffectiveness of any individual provision will not affect the effectiveness of the agreement as a whole.
15.3 These general terms and conditions have been produced in the Italian, German and English languages. The parties to the agreement concur that, in the event of any difficulty of interpretation, the Italian text will be regarded as authentic and effective. GRANTING OF CONSENT VIA THE WEBSITE I AGREE By checking the box “Ich bin einverstanden” [I agree] you give your consent. Please turn on your printer to produce a copy of this agreement. ACCEPTANCE OF GENERAL TERMS AND CONDITIONS BY THE PURCHASER Pursuant to Articles 1341 and 1342 of the Civil Code, the Purchaser declares that it has carefully read the agreement and explicitly agrees to the following provisions: Art. 3 (Ordering procedure and selling prices), Art. 4 (Conclusion of the agreement), Art. 6 (Deliveries), Art. 7 (Liability limitations), Art. 8 (Warranty and customer service), Art. 9 (Obligations of the Purchaser), Art. 10 (Right of withdrawal under Legislative Decree no. 206/2005), Art. 13 (Place of jurisdiction), Art. 14 (Applicable law and legal references).