Terms of service

Kofler Viktor & Andreas O.H.G., with registered office in 39011 Lana (BZ), Bozner Str. No. 78/2, VAT No. 02888310212, registered in the Companies Register of the Chamber of Commerce of Bolzano, Registration No. BZ - 02888310212, E-mail address: info@viktor-kofler.it, PEC viktorkofler@secure-pec.it (hereinafter "Seller");

Foreword:

• That the Seller operates the website www.viktor-kofler.it (hereinafter the "Website");
• That the Website is intended for business transactions between companies and consumers (B2C);
• That the term "General Terms and Conditions (B2C)" refers to the purchase contract for the Seller's products, concluded between the Seller and the Buyer within the framework of a distance selling system organized by the Seller;
• That these General Terms and Conditions govern distance selling between the Seller and the Buyer, who expressly declares that they are making the purchase for purposes that cannot be attributed to their commercial, business, artisanal or professional activity;
• That these preliminary remarks are an integral and essential part of the contract;

It is agreed as follows:

1. Subject of the Contract

1.1. These General Terms and Conditions, which are made available to the Buyer for reproduction and storage pursuant to Art. 12 of Legislative Decree No. 70 of April 9, 2003, govern the distance purchase and sale of the Seller's products through telecommunication means.

1.2. Through this contract, the Seller sells and the Buyer purchases remotely the products listed and offered for sale on the Seller's Website.

1.3. The essential characteristics of the products are described on the Seller's Website. The Buyer is aware that the delivered product may show slight variations compared to the image shown on the Website.

1.4. The Seller undertakes to deliver the selected products, if available, against payment of the corresponding amount as per Art. 3 of this contract.

2. Acceptance of the Terms and Conditions

2.1. All orders are transmitted to the Seller by the Buyer by completing the specified ordering process.

2.2. These terms and conditions, as well as the privacy information, must be checked "online" by the Buyer before completing the ordering process. To accept the terms and conditions, all sections of the online form must be filled out completely and accurately, following the on-screen instructions and finally clicking the box ACCEPTANCE OF THE TERMS AND CONDITIONS, thereby accepting them. The BUYER is also presented with the PRIVACY POLICY, regarding which, if necessary, consent to the processing of personal data is given or refused. The transmission of the order by the Buyer therefore presupposes full knowledge of these conditions and their complete acceptance.

2.3. The Buyer undertakes to fully accept and comply with the terms and payment conditions described below; they declare that they have reviewed and accept all information provided by the Seller within the meaning of the aforementioned provisions, and they also acknowledge that the Seller is not bound by any different conditions.

3. Sale Prices and Order Procedures

3.1. The product prices indicated on the Website are expressed in Euros and include VAT. Product prices are always indicative and must be expressly confirmed by the Seller via e-mail, thereby accepting the order. In any case, the Seller reserves the right to make price changes on the Website.

3.2. The costs for shipping to the address indicated by the Buyer are borne by the Buyer, except in cases of exceptions and deviations that are duly announced on the Website and/or communicated via e-mail. The costs will be communicated to the Buyer in any case before the order is confirmed.

3.3. The Buyer can select the desired product from the electronic online catalog at the address www.viktor-kofler.it and place it in the electronic shopping cart without obligation. The content of the shopping cart can be viewed, modified or removed by the Buyer at any time. After confirming the shopping cart, the Buyer must fill out the application form correctly and completely and give consent to the purchase online. The ordering process can be canceled at any time by closing the browser window.

3.4. The receipt of the order is not binding for the Seller until it has been expressly accepted by e-mail. After the Seller has checked the availability of the ordered product, they will confirm the formal acceptance of the received order with an e-mail that reiterates the essential order data.

3.5. The Buyer expressly grants the Seller the right to accept the order only partially (for example, if not all ordered products are available). In this case, the contract is considered concluded for the products actually sold.

4. Conclusion of Contract

4.1. The contract concluded via the Website is finalized at the moment the Buyer receives the formal order confirmation by e-mail, with which the Seller accepts the Buyer's order and informs them that the order can be fulfilled. The contract is considered concluded at the place where the Buyer resides.

4.2. In accordance with Art. 12 of Legislative Decree 70/2003, the Seller informs the Buyer that any incoming order will be stored or kept in digital form on the server/on paper at the Seller's premises according to criteria of confidentiality and data security.

4.3. Kofler Viktor & Andreas O.H.G. enters into contractual relationships exclusively with adult individuals.

5. Payment Methods

5.1. Buyer payments can only be made in the following ways:

1. Online payment by credit card;
2. Payment via Paypal.

 

5.2. The products remain the property of the Seller until they have been fully paid for.

5.3. The products will only be shipped after payment has been received.

6. Delivery Methods

6.1. The Seller will deliver the products selected and ordered according to the procedures described in the preceding articles via courier service to the address provided by the Buyer. Delivery is possible within the EU. Normally, delivery takes place within 4 (four) working days from the conclusion of the contract; delivery may be delayed by a few days during the summer months. If the Seller is unable to deliver within the stated period, the Buyer will be informed in due time by e-mail.

6.2. The Seller is not liable for delayed or failed delivery of products in case of inaccurate or incorrect address details provided by the Buyer.

6.3. Upon receipt of the products, the Buyer is requested to verify that the delivered products match the order. If this is not the case, the Buyer is requested to inform the Seller. The right of withdrawal provided for in Art. 10 of the General Terms and Conditions remains unaffected by this.

7. Limitation of Liability

7.1. The Seller assumes no liability if the products are delivered late or not at all due to force majeure events, such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, or due to restrictions imposed by laws or decrees, as well as other similar events that prevent the timely execution of the contract in whole or in part.

7.2. The Buyer cannot hold the Seller liable for operational disruptions or interruptions beyond their control related to the use of the internet, except in cases of intent or gross negligence on the part of the Seller.

7.3. The Seller is not liable to contracting parties or third parties for damages, losses, or costs resulting from the non-execution of the contract for the reasons mentioned above.

7.4. The Seller is not liable for any fraudulent and unlawful use of credit cards, checks, and other means of payment by third parties when paying for the ordered products, if they can prove that they have taken all possible precautionary measures according to the current state of knowledge and experience and with the necessary diligence.

8. Warranty and Customer Service

8.1. The Seller exclusively sells high-quality products. For questions, complaints, or suggestions, the Buyer can contact the following e-mail address: info@viktor-kofler.it. To ensure prompt processing of questions, complaints, or suggestions, the Buyer should describe the problem as precisely as possible and, if necessary, provide copies of order documents or order numbers, customer numbers, etc.

8.2. In case of product defects or non-conformity, the provisions on legal warranty obligations pursuant to Legislative Decree No. 206 of September 6, 2005, shall apply.

8.3. In case of defects or complaints, the Seller will ensure that the complained-of product is replaced, if available, or will endeavor to find a timely solution and resolve the problem. Waiting times cannot be attributed to the Seller. Defective returned goods become the property of Kofler Viktor & Andreas O.H.G. The warranty applies exclusively to the products mentioned in Legislative Decree No. 206 of September 6, 2005.

8.4. The warranty is limited to the delivered products and the simple return of the defective or faulty product due to the identified material defect and its free replacement with a new item. The warranty does not cover damages resulting from incorrect storage, improper or non-compliant use of the product, transport-related causes, or reasons not attributable to the Seller.

8.5. The products offered in this contract must be used according to the instructions described on the products.

9. Buyer's Obligations

9.1. The Buyer undertakes to pay the purchase price for the ordered products within the contractually agreed period and form.

9.2. The Buyer is strictly prohibited from entering false and/or invented and/or fantasy data when registering via the relevant online form. Only one's own genuine data and not those of third parties or invented persons may be provided for personal details and e-mail address. The Buyer therefore assumes full liability for the accuracy and truthfulness of the data provided to complete the ordering process.

9.3. The Buyer shall indemnify the Seller against any liability for the issuance of incorrect tax documents due to false information provided by the Buyer, who is solely responsible for the correct data entry.

10. Buyer's Obligations

10.1. The right of withdrawal applies only to products covered by Legislative Decree No. 206 of September 6, 2005. Therefore, products such as personalized products, products that can spoil or expire quickly, sealed products that are not suitable for return for health or hygiene reasons and have been opened after delivery are excluded.

10.2. For those products for which the right of withdrawal can be exercised, the Buyer has the right to withdraw from the concluded contract without penalty and without stating reasons within 14 (fourteen) calendar days from receipt of the ordered products. Any withdrawal must be addressed to Kofler Viktor & Andreas O.H.G., with registered office in 39011 Lana (BZ), Bozner Str. No. 78/2, E-mail: info@viktor-kofler.it, Tel. 0473 562492.

10.3. If the Buyer wishes to exercise their right of withdrawal, they must inform the Seller of their decision to withdraw from the contract by means of a clear statement (e.g., a letter sent by post, by e-mail, or by telephone). The Buyer may also use the model withdrawal form, although this is not mandatory.

10.4. To comply with the withdrawal period, it is sufficient for the Buyer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. The burden of proof regarding the proper exercise of the right of withdrawal lies with the Buyer.

10.5. The return of the products must take place without delay and in any case within 14 (fourteen) days from the date on which the Buyer informed the Seller of their decision to withdraw from the contract. The Buyer must bear any diminished value of the products if this diminished value is due to handling of the products that is not necessary to ascertain their nature, characteristics, and functioning.

10.6. When exercising the right of withdrawal in accordance with the provisions of this article, the Buyer shall bear the direct costs associated with the return of the products to the Seller.

10.7. The Buyer who properly exercises their right of withdrawal will be refunded all amounts already paid, including delivery costs, with the exception of additional costs incurred because the Buyer expressly opted for a type of delivery other than the cheapest standard delivery offered by the Seller. The refund of costs will be made without delay and in any case within 14 (fourteen) days from the date on which the Seller was informed of the Buyer's decision to exercise the right of withdrawal, using the same means of payment used by the Buyer in the original transaction, unless otherwise expressly agreed with the Buyer. However, the Seller may refuse the refund until they have received the products back or until the Buyer has provided proof that they have returned the products, whichever is the earlier.

10.8. Upon receipt of the notification by which the Buyer informs the Seller of the exercise of the right of withdrawal, the contracting parties are released from their respective obligations; the provisions of this article remain unaffected.

11. Notifications

11.1. Except in cases expressly stated or established by law, notifications between Seller and Buyer shall preferably be made via e-mail messages to the respective e-mail addresses, which are considered valid means of communication by both contracting parties and whose use in court cannot be contested solely on the grounds that they are electronic documents.

11.2. Written notifications to the Seller, as well as any complaints, are only valid if they are sent to the following address: Kofler Viktor & Andreas O.H.G., 39011 Lana (BZ), Bozner Str. No. 78/2, E-mail: info@viktor-kofler.it.

11.3. Both contracting parties may change their e-mail address for the purposes mentioned in this article at any time, provided that the other contracting party is promptly informed in the manner specified in the preceding paragraph.

12. Processing of Personal Data

12.1. Pursuant to EU Regulation No. 679/2016 (GDPR), we inform you that the data controller is the company Kofler Viktor & Andreas O.H.G.

12.2. The personal data provided by you will be processed and stored in paper and/or electronic form. The data will be processed for the following purposes and may be forwarded to external data processors (tax advisors, auditors, couriers, etc.): for managing orders, delivering products, and all related obligations.

12.3. The data will be stored for the necessary period to provide the requested service and in accordance with other civil and tax regulations.

12.4. The data will not be transferred to third countries outside the EU.

12.5. Pursuant to Art. 15 of the GDPR, you have the right at any time to access your data, to have your data deleted, corrected, updated, integrated, and revoked.

12.6. The data controller does not use automated decision-making processes.

12.7. The detailed privacy policy on the processing of personal data can be viewed on the Website.

13. Dispute Resolution and Jurisdiction

13.1. In the event of disputes arising from or in connection with this contract, the contracting parties shall jointly endeavor to reach a fair and amicable solution.