GTC

General Terms and Conditions (GTC)

§ 1 Subject matter and provider identification (1) The subject matter of these General Terms and Conditions is the distance purchase of products via the Internet on the www.impruneta.de website. (2) The Provider and contractual partner is: Martin Brenner Via Lucardo Alto 36 50025 Lucardo (FI) Italy Partita IVA (VAT ID No.): IT07557470486 Email: info@impruneta.de

(3) The prices stated on the website www.impruneta.de include VAT and apply to online purchases.

§ 2 Data protection Martin Brenner, with registered office in Via Lucardo Alto 36, 50025 Lucardo (FI), Italy, processes personal data as a data controller in full compliance with the provisions of Regulation (EU) 679/2016 (GDPR) as well as applicable national data protection regulations. For more information on the collection, storage and use of data, please see our separate privacy policy.

§ 3 Registration and User Account (1) Registration may be required for the use of certain functions of the website. The user guarantees that all information provided by him is true, correct and up-to-date. Changes to personal data must be updated immediately in the user account. (2) The user is solely responsible for the secrecy of his password and all activities via his user account. Disclosure of access data to third parties is prohibited.

§ 4 Conclusion of the contract (1) The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. (2) By submitting the order, the customer submits a binding offer to purchase the goods contained in the shopping cart. The proper receipt of the order will be confirmed to the customer immediately by e-mail. This automatic confirmation of receipt of the order does not yet constitute acceptance of the purchase offer. (3) A binding contract is only concluded:

by means of a separate order confirmation by e-mail,
by shipping the goods to the customer, or
if you select an instant payment method (such as PayPal, credit card, etc.) immediately upon completion of the payment process.

§ 5 Availability of goods and quality (1) The customer can only order products that are listed as available in impruneta.de's electronic catalogue at the time of ordering. In the case of larger order quantities or individual questions, it is recommended to contact us in advance to inquire about the exact delivery times. (2) Some of the terracotta goods offered are handcrafted products. The product images in the online shop are therefore to be understood as indicative; minor deviations in colour tones, surface structure or dimensions do not constitute a product defect.

§ 6 Payment methods For orders placed via the website, the payment methods displayed in the order process (e.g. bank transfer, PayPal or credit card) are available to the customer. If the payment method bank transfer is selected, we reserve the goods for 7 working days. If payment is not received within this period, we reserve the right to cancel the order.

§ 7 Dispatch and Billing (1) Shipping is carried out throughout Europe by express courier or freight forwarder. (2) The invoice or proof of purchase is sent to the customer in electronic form or enclosed with the package. For the correct issuance of a commercial invoice, the necessary data (VAT identification number or Codice Fiscale and SDI code) must already be provided at the time of ordering.

§ 8 Transport Damage and Obligations to Cooperate (1) The customer is requested to check the condition of the packaging and the goods directly upon delivery by the carrier. (2) If the packaging is visibly damaged, the customer is asked to return the shipment "subject to change" (e.g. by the note "Received with reservation – package damaged" on the delivery note) or refuse to accept it altogether in the event of serious damage. (3) The customer is urgently requested to report any damage found in transit or breakages within 48 hours after receipt of the goods by e-mail including meaningful photos to info@impruneta.de so that claims can be asserted against the transport company. (4) Important note for consumers: Failure to make a complaint, report of damage or reserve has no effect on your statutory warranty rights. However, you make it easier for us to enforce our own claims against the carrier.

§ 9 Right of withdrawal for consumers (1) Consumers (any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity) have the right to withdraw from this contract within 14 days without giving reasons. (2) The withdrawal period is 14 days from the day on which the consumer or a third party designated by him, who is not the carrier, has taken possession of the last goods. (3) In order to exercise the right of withdrawal, the consumer must inform Martin Brenner (Via Lucardo Alto 36, 50025 Lucardo, Italy, e-mail: info@impruneta.de) of his decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or an e-mail). (4) Return costs: The consumer bears the direct costs of returning the goods.

§ 10 Legal Warranty (1) The customer is entitled to the statutory warranty rights under the Italian Consumer Code.Codice del Consumo, Art. 128 et seq.) or the Codice Civile . For consumers, the warranty period for defects in the goods is 24 months from delivery. (2) Claims for defects are excluded in the case of damage caused by improper use, defective assembly, improper cleaning or modifications by third parties. In the case of terracotta products, the guarantee of frost resistance only extends if the product is expressly declared in writing to be absolutely frost-resistant and the care instructions (e.g. avoidance of waterlogging) have been complied with.

§ 11 Limitation of Liability (1) We shall be liable without limitation for damages resulting from the infringement life, limb or health resulting from an intentional or negligent breach of duty, as well as for other damage resulting from an intentional or grossly negligent breach of duty.injury or malice. (2) In the event of a breach of essential contractual obligations (duties the fulfilment of which is essential for the proper execution of the contract in the first place and on the fulfilment of which the contractual partner may regularly rely), we shall be liable in the event of slight negligence limited to the foreseeable damage typical for the contract. In all other respects, liability for slight negligence is excluded.

§ 12 Applicable Law and Place of Jurisdiction (1) Für diese Allgemeinen Geschäftsbedingungen und die gesamten Rechtsbeziehungen zwischen den Vertragsparteien gilt das Recht der Republik Italien unter Ausschluss des UN-Kaufrechts (CISG). (2) Bei Verbrauchern gilt diese Rechtswahl nur insoweit, als nicht der gewährte Schutz durch zwingende Bestimmungen des Rechts des Staates, in dem der Verbraucher seinen gewöhnlichen Aufenthalt hat, entzogen wird (Günstigkeitsprinzip). (3) Handelt es sich beim Kunden um einen Kaufmann, eine juristische Person des öffentlichen Rechts oder einen Unternehmer, der bei Abschluss des Vertrages in Ausübung seiner gewerblichen oder selbstständigen Tätigkeit handelt, ist der ausschließliche Gerichtsstand für alle Streitigkeiten aus diesem Vertrag Florenz (Italien). Für Verbraucher gilt der gesetzliche Gerichtsstand an deren Wohnsitz. (4) Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die unter http://ec.europa.eu/consumers/odr/ zu finden ist.