General Terms and Conditions of Business for the Online Shop

1.1 These General Terms and Conditions (hereinafter “GTC”) of Manincor, which has its registered office at St. Josef am See 4, 3952 Caldaro (hereinafter the “Seller”), shall apply to all contracts for the delivery of goods concluded by a consumer or trader (hereinafter the “Customer”) with the Seller in respect of goods presented by the Seller in its online shop. No provisions of the Customer’s own terms and conditions shall apply to any such contract unless expressly agreed otherwise.

1.2 These GTC also apply to contracts for the delivery of vouchers, unless expressly agreed otherwise.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to a commercial nor to a self-employed professional activity. A trader within the meaning of these GTC is a natural or legal person or a partnership with legal capacity acting in the exercise of their commercial or independent professional operations when concluding the legal transaction concerned.

2.1 The product descriptions in the Seller’s online shop do not constitute a binding offer on the part of the Seller but serve to enable a binding offer to be submitted by the Customer.

2.2 The Customer can submit their offer via the online order form available in the Seller’s online shop. After placing the selected goods in the virtual shopping basket and completing the electronic order process, the Customer must click the appropriate button to finalize the order process and in doing so submits a legally binding contractual offer with regard to the goods in the shopping basket.

2.3 The Seller can accept the Customer’s offer within five days
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case receipt of the order confirmation by the Customer shall be decisive, or
- by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer shall be decisive, or
- by requesting the Customer to make payment after placing their order.
Where several of the aforementioned alternatives apply, the contract shall be considered to have been concluded at the time when the first of them occurs. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends at the end of the fifth day following the day on which the offer is sent by the Customer. Should the Seller not accept the Customer’s offer within the aforementioned period, the offer shall be considered to have been rejected and the Customer shall no longer be bound by their declaration of intent.

2.4 If the Customer selects a payment method provided by Unzer E-Com GmbH (hereinafter “Unzer”), payment shall be processed via the payment service provider Unzer E-Com GmbH, which has its registered office at Vangerowstraße 18, 69115 Heidelberg (GE), subject to Unzer’s Terms & Conditions, which are available at https://www.unzerdirect.com/terms/#:~:text=Dem%20Kunden%20wird%20nur%20ein,der%20entstehenden%20Betr%C3%A4ge%20an%20QuickPay. Where the Customer makes payment using a method of payment offered by Unzer during the online order process, the Seller hereby declares acceptance of the Customer’s offer at the time at which the Customer clicks the button to finalize the order process.

2.5 When an offer is submitted via the Seller’s online order form, the text of the contract is stored by the Seller after it has been concluded and transmitted to the Customer in text form (e.g. email, fax or letter). The Seller shall not make the text of the contract text accessible beyond this. If the Customer has set up a user account in the Seller’s online shop prior to sending their order, the order data shall be stored on the Seller’s website and can be accessed by the Customer free of charge via their password-protected user account on entering the appropriate login data.

2.6 Prior to submitting a binding order via the Seller’s online order form, the Customer can recognize input errors by careful reading of the information displayed on the screen. Use of the browser’s zoom function to enlarge the display on the screen may be an effective method for easier identification of input errors. The Customer can correct all their data entries using the usual keyboard and mouse functions during the electronic order process until the button to finalize the order process is clicked.

2.7 The contract can be concluded in English, German or Italian.

2.8 Order processing and communication are normally handled by email and automated order processing. The Customer shall ensure that the email address they provide for order processing is correct so that emails sent by the Seller can be received at that address. Where spam filters are used, the Customer shall ensure that all emails sent by the Seller and by third parties appointed by the Seller to handle order processing can be delivered.

2.9 In the case of orders for alcoholic beverages, the Customer confirms by sending their order that they satisfy the legal minimum age requirement. The Seller reserves the right to verify the Customer’s age.

3.1 Consumers have a right to cancel pursuant to Legislative Decree no. 206/2005 (hereinafter “Consumer Code”).

3.2 The Customer has the right to cancel the contract within 14 days, the cancellation period to begin on the day on which the Customer receives the goods. To cancel the contract, the Customer must make a clear declaration of intent to that effect (e.g. by letter sent by post or email)

3.3 In such a case, the goods shall be returned or handed over to the Seller without delay and at the latest within fourteen days from the day on which the Seller is informed of the Customer’s withdrawal from the contract. The deadline shall be considered to have been met if the goods are demonstrably sent back prior to expiry of the fourteen-day period.

3.4 In the case of withdrawal from the contract, the purchase price and delivery costs shall be refunded to the Customer by the Seller. The Seller shall also bear the delivery costs for the return of the goods, provided the cheapest standard shipment method offered by the Seller is used.
The return package must include the reason for the return, the name of the Customer and the order number in order for the Seller to be able to identify the returned goods.

3.5 The purchase price and delivery charges shall be refunded without delay and at the latest within 14 days of receipt of the notice of withdrawal by the Seller. For the refund, the same method of payment as used by the Customer shall again be used, unless expressly agreed otherwise. On no account shall refund fees be charged to the Customer.

Notwithstanding the above, the refund may be withheld by the Seller until they have received the returns or until the Customer has provided proof of return, whichever occurs earlier.

3.7 The Customer shall only be liable for damage to the goods where caused by their improper handling of the goods.

3.8 Pursuant to Arts. 49 and 141ff of the Consumer Code, the Customer may file a complaint against the Seller. Such complaint is valid if submitted in writing and sent to the Seller by post or email.

3.9 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

3.10 The right of withdrawal does not apply to traders.

3.11 The Seller shall be entitled to cancel the contract in the event of insufficient self-supply, harvest shortfall or any other circumstances that delay, complicate or prevent delivery.

4.1 Unless otherwise stated in the product descriptions, the quoted prices are total prices including statutory value-added tax. Prices are quoted in euros.

4.2 Any additional delivery and shipping costs are specified separately in the respective product description.

4.3 In the case of delivery to countries outside the European Union, additional costs may arise in individual cases which are beyond the Seller’s control and shall be borne by the Customer. Such costs may include bank charges for money transfers and foreign exchange fees, and customs duties or import taxes. With regard to money transfers, such costs may also be incurred where delivery is not made to a country outside the European Union but the Customer makes payment from a country outside the European Union.

4.4 Payment can be made using one of the methods specified in the Seller’s online shop

4.5 If prepayment by bank transfer has been agreed, payment is due immediately on conclusion of the contract except where a later due date has been agreed.

4.6 If purchase on account is selected as the method of payment, the purchase price is due after the goods have been delivered and invoiced. In such a case, the purchase price is to be paid within 7 (seven) days from receipt of the invoice without any deduction, except where agreed otherwise. The Seller reserves the right to limit the availability of purchase on account as the method of payment to a certain monetary amount of the order and may refuse this method of payment where the specified amount is exceeded. In this case, the Seller shall inform the Customer of the limit in the payment information displayed in the online shop. The Seller also reserves the right to carry out a creditworthiness check when purchase on account is selected as the method of payment and may reject this payment method in the event of a negative result.

4.7 If Unzer is selected as the method of payment, the purchase price is due immediately on conclusion of the contract. In such a case payment is processed by the payment service provider Unzer. Unzer reserves the right to carry out a creditworthiness check and may reject this payment method in the event of a negative result.

5.1 Goods are shipped and delivered to the delivery address specified by the Customer, except where agreed otherwise. In the case of an order placed via the Seller’s online order form, the delivery address specified on the online order form shall apply.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear all reasonable costs incurred by the Seller as a result.

5.3 Where the Customer is a trader, the risk of accidental loss or deterioration of the goods sold shall pass to the Customer upon delivery of the goods to the freight forwarder, carrier or other person or organisation contracted to perform shipment. Where the Customer is a consumer, the risk of accidental loss or deterioration of the goods sold shall pass to the Customer upon delivery of the goods to the Customer or their authorized agent. Notwithstanding the aforesaid, the risk of accidental loss or deterioration of the goods sold shall also pass to the Customer upon delivery of the goods to the freight forwarder, carrier or other person or organisation contracted to perform shipment in those cases where the freight forwarder, carrier or other person or organisation contracted to perform shipment has been hired by the Customer.

5.4 Collection of the goods by the Customer is possible by prior arrangement.

6.1 Where the Customer is a consumer, the Seller retains title of ownership to the delivered goods until the purchase price owed has been paid in full.

6.2 Where the Customer is a trader, the Seller reserves title to the goods delivered pending fulfillment of all claims arising out of the current business relationship.

6.3 In the case of a trader, the Customer is entitled to resell the goods in the course of regular business operations. All claims resulting from such business against a third party shall be assigned in advance to the Seller in the amount of the invoice for the transaction (including VAT). The Customer remains entitled to collect the claim concerned even after assignment. This provision is without detriment to the Seller’s right to collect the claim themselves. However, the Seller will refrain from doing so as long as the Customer meets their payment obligations, is not in default and no application has been made to initiate insolvency proceedings.

7.1 For consumers:

7.1.1 The Seller shall be liable to the consumer for any lack of conformity which exists at the time the goods are delivered. Should the goods be defective, the provisions in Arts. 128ff of the Consumer Code shall apply.

7.1.2 If the goods are not in conformity, the Customer has the right to demand that they be repaired or replaced except where this is objectively impossible or disproportionate.

7.2 The Customer may also demand a reduction of the purchase price or cancellation of the contract in the cases provided for in Arts. 135(2) and 135(4) of the Consumer Code. Cancellation of the contract is excluded in the case of minor defects.

7.3 Notice of defects must be given within the notification period of two months from the date of discovery. This does not apply in cases where the Seller has acknowledged or concealed the defect. The period of the Seller’s liability for defects of conformity shall be two years from the date of delivery of the goods. The claim is statute-barred after 26 months from the date of delivery of the goods.

7.4 For traders:

7.4.1 If the purchased item is defective, the statutory warranty provisions shall apply. Notwithstanding the foregoing, the Customer shall have the right to replacement delivery. Alternatively, the Customer may also demand a reduction in the purchase price, which shall be negotiated individually with the Seller in accordance with the extent of the defect. Cancellation of the contract is excluded.

7.4.2 The limitation period for claims for defects is one year from the date of delivery. Notice of defects must be given within eight days of discovery, failing which the claim shall be forfeited.

7.4.3 The limitation period shall not recommence where replacement delivery is made within the scope of liability for defects.

7.4.4 If replacement delivery has been made, the Customer shall return the previously delivered goods to the Seller within 30 days. The return package must include the reason for the return, the name of the Customer and the order number assigned to the defective goods in order for the Seller to be able to identify the returned goods. As long as and insofar as assignment of the returns is not possible for reasons for which the Customer is responsible, the Seller shall not be obliged to accept the returned goods and to refund the purchase price. The costs of a renewed return shipment shall be borne by the Customer.

7.5 In the case of force majeure, the Seller shall not be liable for late delivery or non-delivery.

7.6 The Seller cannot be held liable by the Customer for defects or interruptions in the performance of the Internet that are beyond the Seller’s control except in the case of intent or gross negligence on the part of the Seller.
The Seller cannot be held liable to the Customer nor to any third party for any damage, loss or costs incurred as a result of non-performance of the Contract for the aforementioned reasons.

7.8 Nor shall the Seller be liable for the fraudulent or unlawful use of means of payment by third parties in the process of payment for the products ordered, provided that the Seller can prove that they have taken all necessary precautions in accordance with the current state of knowledge and experience and with due diligence.

8.1 Vouchers purchased via the Seller’s online shop (hereinafter “gift vouchers”) can be redeemed only in the Seller’s online shop, except where otherwise stipulated on the voucher.

8.2 Gift vouchers and remaining gift voucher credit can be redeemed up to the end of the third year following the year of purchase of the voucher. Remaining credit is credited to the Customer’s account until the expiry date.

8.3 Gift vouchers can only be redeemed prior to finalization of the order process. Subsequent offsetting is not possible.

8.4 Only one gift voucher may be redeemed per order.

8.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.

8.6 Where the value of the gift voucher is not enough to cover the order, the Customer may choose one of the payment methods offered by the Seller to pay the difference.

8.7 Gift voucher credit cannot be redeemed in cash nor will any interest be paid on it.

8.8 The gift voucher is transferable. The Seller may render performance with discharging effect to the holder who redeems the gift voucher in the Seller’s online shop. This does not apply, if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or lack of representative authority of the respective holder.

8.9 Vouchers are delivered to the Customer as downloads or by email.

9.1 In the event of total or partial non-payment of the goods by the Customer, the Seller reserves the right to expressly terminate the contract in accordance with Art. 1456 of the Civil Code.

10.1 This contract is governed by Italian law. Bolzano is the sole place of jurisdiction for all legal disputes arising from this contract, insofar as this is compatible with the provisions of consumer protection law.
Alternatively, disputes involving consumers can be resolved by the European ADR Dispute Resolution service: https://ec.europa.eu/commission/index_en

11.1 Should individual provisions of these GTC be ineffective or unenforceable or become ineffective or unenforceable after conclusion of the contract, the validity of the remaining provisions of the GTC shall not be affected. In place of ineffective or unenforceable provisions, the parties shall agree on an alternative which is effective and practicable and whose effects come closest to the economic objective which the contracting parties intended with the ineffective or unenforceable provisions. In the event that the GTC are found to have omissions, the same procedure shall apply.

12.1 The data provided will be collected, stored and used exclusively for purposes pertinent to the conclusion and execution of the contractual relationship, including operations set up by the Seller for contact, acquisition, management and execution of orders, formalization, management and monitoring of the relationship with the Customer, as well as for the fulfillment of administrative, legal or taxation requirements and obligations relating to the orders placed by the Customer.

The data provided may also be used for marketing and promotional activities on the part of the Seller (newsletters, advertisements, offers, etc. using email, SMS, MMS, postal services, etc.), to which the Customer expressly consents in accordance with Art. 130 of the Data Protection Act (Legislative Decree no. 196/2003), and Arts. 4(11) and 7 of EU Regulation no. 679/2016.

For the purposes and effects of Article 1341 of the Civil Code, the Customer expressly accepts the following provisions of these GTC:
Art. 3.10 Right of withdrawal for traders; Art. 3.11 Seller’s right to cancel; Art. 6 Right of retention and assignment of claims; Art. 7.4 Trader liability; Art. 9 Express cancellation clause; Art. 10 Applicable law and place of jurisdiction; Art. 12 Privacy policy.