GENERAL TERMS AND CONDITIONS
1. DEFINITIONS
The following terms are capitalised in this contract. These terms are defined as follows:
“Supplier” means the company Das ganze Leben GmbH.
“Customer” means the purchaser of Goods from the Supplier.
“Goods” means all Goods sold and/or delivered by the Supplier of the Customer.
“Terms” means these terms and conditions of sale.
2. SCOPE
For the purchase contracts concluded between the Supplier and the Customer, the present Terms and their amendments, as well as the provisions of the Italian Civil Code, insofar as these are referred to or insofar as the matter is not already regulated by the present Terms, shall apply exclusively. The Terms apply to each order which is placed by the Customer. The Terms are considered accepted when they have been brought to the attention of the Customer in any form whatsoever, even by reference to their publication on the website.
3. CONTRACT INCEPTION
Our offers, deliveries and services are exclusively subject to these Terms. Deviating the Terms of the Customer are ineffective.
The Customer accepts the offer by sending the Supplier a detailed record of the order in terms of Goods and quantity. When ordering modular Goods, the Customer must also provide a complete diagram of the modular product being ordered, in either DWG (AutoCAD) or PDF format. The Customer is responsible for any errors in this drawing, the Supplier is not obliged to check them.
The sales contract is concluded for the Supplier when he sends the Customer a confirmation of the ordered Goods and quantities, including prices, any shipping costs and the terms of payment conditions.
No sales contract will be concluded to Goods which are not included in this confirmation.
If the listed Goods do not correspond to those for which the sales contract was agreed, the Customer is obliged to inform the Supplier in writing within two (2) days. Otherwise, the Goods and quantities listed in the order confirmation shall be considered accepted .
Orders arising hereunder may be changed or amended only by written agreement signed by both Customer and Supplier, setting forth the particular changes to be made and the effect, if any, of such changes on the price and time of delivery. Minor or immaterial changes must be received by the Supplier within five (5) working days of the order confirmation.
The Customer may not cancel this order unless such cancellation is expressly agreed to in writing by the Supplier. In such event, the Supplier will advise the Customer of the total charge for such cancellation, and the Customer agrees to pay such charges, including, but not limited to, storage and shipment costs, costs of producing non-standard materials, costs of purchasing non-returnable materials, cancellation costs imposed on the Supplier by its suppliers, and any other cost resulting from cancellation of this order by the Customer which is permitted by the Supplier.
4. RETENTION OF TITLE
Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full, including claims, damage claims and encashment of cheques.
The retention of title shall also remain in force if individual claims of the Supplier are included in a current invoice and the balance is drawn and acknowledged.
If a central regulator involved in the business transaction between the Supplier and the Customer assumes the del credere, the Supplier shall transfer the title to the central regulating body upon delivery of the Goods under the terms of payment of the purchase price by the central regulator. The Customer shall only be exempted by the central regulator upon payment.
5. TERMS OF PAYMENT
After the order confirmation, the Supplier is entitled to invoice 50% of the amount owed for the ordered Goods and shipping costs as well as for any other expenses charged, and he is entitled to put the manufacture and shipping of the Goods on hold until this invoice has been settled.
The payment for the ordered Goods and shipping costs as well as other invoiced charges shall be paid upon receipt of the invoice within the time frame stated on the invoice, in any case latest within 30 days.
In case of late payment, interest will be charged in accordance with Legislative Decree 231/2002 at the current rate (for your information: in 2020 the rate is 8%).
In the event of an overdue payment, the Supplier has the right to dissolve, suspend or postpone the execution of this agreement or the sales contract in part or in full.
Deliveries are made ex works on account at the risk of the Customer. Freight and insurance shall be at expenses of the Customer. Value added tax at the respective statutory rate is added to the prices.
6. DELIVERY
The Goods will be delivered to the Customer at the Customer’s business address . There will be no delivery to a possible end Customer, but only to the commercial seat or secondary seat of the Customer. The delivery time is agreed upon for each order individually. This agreement is indicative and non-binding in all cases. The Supplier does not assume any liability for delays in any arranged delivery times. The Supplier will inform the Customer of any delays in delivery if they exceed the arranged delivery time.
If the Supplier is not able to deliver the ordered Goods through no fault of his own, he is entitled to withdraw from the contract with the Customer. In this case, the Customer will be informed immediately that one or more of the ordered products cannot be delivered. The Customer has the right to withdraw from the remaining order in case of partial impossibility of delivery.
The Supplier does not assume any liability for unsuccessful delivery to the address stated in the order. Likewise, the Supplier does not assume any liability if the Goods are lost due to lack of acceptance during delivery.
Otherwise, the Customer is obliged to check the delivery for completeness and damage upon receipt of the Goods, using the delivery slip that is included in the delivery. The Customer is obliged to note the missing Goods or any defects and to notify the Supplier in writing within the same working day. If any Good is missing from the delivery slip, the Supplier is released of any liability or obligation.
The Supplier does not assume any liability for the loss of Goods during shipment.
7. WARRANTY SERVICE
The warranty for the delivered Goods is provided in accordance with the Italian law. The guarantee is therefore valid (excluding legal exceptions) for one (1) year from the date of delivery, provided that is given in due time and form (typically within eight (8) days of knowledge of the defect).
8. DURATION OF THE CONTRACT
The contract shall apply to all future contracts between the Parties and shall be of unlimited duration. Both Parties have the right to withdraw from this contract at any time in written form, including via e-mail. For contracts already signed, the present Terms shall remain in force even after withdrawal, until the order is completed and fully paid. All amounts still owed at this point are due immediately.
9. VALIDITY OF THE CONTRACT
If any provision or article of this contract is partially or completely invalid, inapplicable, unlawful or not applicable to the Customer, the applicable Italian legislation shall apply, and this shall not affect the validity of all other provisions contained herein.
10. APPLICABLE LEGAL NORMS AND CHOICE OF JURISDICTION
For all legal matters not expressly provided for in this agreement, the provisions of the Italian Civil Code and the specific laws in force in this area shall apply.
Italian law is applicable.
For any litigation concerning the interpretation and/or execution of this contract and/or the sales contracts, their nullity and/or nullability concluded on the basis of this agreement (including the obligations resulting from it) , as well as concerning defects of the Good or concerning the guarantee, the exclusive place of jurisdiction will be Bolzano, Italy.
11. DATA PROTECTION
The Supplier treats personal data relating to the Customer and third parties as confidential. The data is processed in accordance with the principles of correctness, legality and transparency. With full reference to the provisions on the protection of personal data contained in the Legislative Decree of 30.06.2003, No. 196 igF as well as in the Regulation (EU) No. 2016/679 (GDPR), by accepting these Terms, the contracting party agrees to the processing of its own personal data. The current version of the data protection declaration is also available at any time at the following address: https://dasganzeleben.it/en/data-protection-notice.html
The Customer gives their express permission to be contacted via their contact details (by telephone, mobile phone, e-mail, social media and chat channels, post, etc.) to inform them about innovations and adaptations of products and services and generally about news (also via newsletter or similar).
The Customer may at any time and without further notice refuse to receive the newsletter by giving written notice or by withdrawing consent.
Version: 20.10.2020