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General terms and conditions

GENERAL TERMS AND CONDITIONS (T&C) COLLINE DEGLI ULIVI e. U. FOR THE DISTRIBUTION OF GOODS IN THE ONLINESHOP

  • 1 Scope of application

The business relationship between Colline degli Ulivi e. U. (hereinafter referred to as "Colline degli Ulivi") and the customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Insofar as the customer on his part refers to (his own) General Terms and Conditions, these shall only become part of the contract if Colline degli Ulivi expressly agrees in writing to the validity of the customer's General Terms and Conditions. The customer accepts the following rules as part of the contract, also for future orders in the Online Shop.

  • 2 Contractual partner

The contractual partner of the customer is

Colline degli Ulivi e.U., FN: 380732 a

Tschinowitscher Weg 12, 9500 Villach, Austria

  • 3 Conclusion of contract

The products presented by Colline degli Ulivi in the Online Shop are to be understood as an invitation to the customer to submit an offer. The customer's order constitutes an offer to Colline degli Ulivi to conclude a purchase contract. Colline degli Ulivi is entitled to reject offers without stating reasons or to tie them to certain conditions (e.g. purchase of a minimum quantity/payment of a minimum price). The customer will be informed of this immediately. If Colline degli Ulivi does not respond to an order, this shall not be construed as acceptance of the customer's offer to conclude a contract.

The customer's order is confirmed by delivery of the goods and/or by sending an order confirmation by e-mail, thus the contract is deemed to have been concluded with legal effect. If ordered goods are not included in the order confirmation and are not actually dispatched, these goods shall be deemed not to be included in the purchase contract and no contract shall be concluded in this respect. All orders will be processed by Colline degli Ulivi as soon as possible. If, for reasons for which Colline degli Ulivi is not responsible, it is not possible to dispatch goods to the customer, the customer will be informed of this by e-mail.

  • 4 User account

The customer has the option of placing orders either as a guest or after creating a user account. If the customer creates a user account, he/she is responsible for ensuring that the data and information he/she enters are correct and complete. He declares that he is authorised to dispose of this data. Colline degli Ulivi assumes no responsibility for the correctness and completeness of the data transmitted by the customer and for ensuring that the data storage does not infringe the rights of third parties. The client declares to fully indemnify and hold Colline degli Ulivi harmless in this respect.

The customer has no legal claim to be allowed to use the Online Shop and that it functions properly at all times. He cannot derive any claims for compensation from an order that is not processed or is processed late. The provision of the web shop represents a non-binding service by Colline degli Ulivi that can be revoked at any time.

  • 5 Right of withdrawal

If the customer is a consumer within the meaning of Directive 2011/83/EU, the customer has the right to revoke or withdraw from the contract in accordance with the following provisions:

  1. The customer may withdraw from the contract within 14 days without giving reasons. The withdrawal period is 14 days from the day on which the customer or a third party named by the customer who is not the carrier has taken possession of the goods. Saturdays, Sundays and public holidays are included in the calculation of the period.
  2. In order to exercise the right of withdrawal, the Customer must inform Colline degli Ulivi of his/her decision to withdraw from the contract by means of a clear statement, either orally at the same time as returning the ordered goods to any Colline degli Ulivi branch or in writing. For this purpose, the customer may use the model withdrawal form provided on the website, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
  3. If the customer cancels the contract, all payments made to Colline degli Ulivi, including the delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a type of delivery other than the cheapest standard delivery offered by Colline degli Ulivi), will be refunded within 14 days of the day on which Big Fish receives notification of the cancellation of the contract. For this repayment, the same means of payment will be used that was used for the original transaction, unless expressly agreed otherwise with the customer. 
  4. Colline degli Ulivi may refuse repayment if the goods have neither actually been returned nor the customer has provided proof that he has returned the goods. The customer shall return or hand over the goods to Colline degli Ulivi without undue delay and in any case not later than 14 days from the day on which he has informed Colline degli Ulivi of the revocation of the contract. The deadline is met if the customer sends the goods before the expiry of the 14-day period. Colline degli Ulivi shall bear the return costs in the event of a revocation.
  5. The customer shall be liable for any loss in value of the goods if this is due to handling by the customer that is not necessary for checking the condition, quality and functioning of the goods.
  6. There is no right of withdrawal for goods that have been manufactured according to customer specifications and tailored to the personal needs of the customer.
  • 6 Sample cancellation form

Cancellations can either be made verbally at the same time as the return of the ordered goods to the Colline degli Ulivi branch or must be sent in writing to this address:

Colline degli Ulivi e.U.

Tschinowitscher Weg 12, 9500 Villach, Austria

E-Mail: office@colline-d-ulivi.com

Returns of goods and returns of goods as a result of a revocation must also be sent to this address.

  • 7 Delivery

The ordered goods will be delivered either to the domestic address indicated by the Customer or to the branch of Colline degli Ulivi for collection by the Customer. The delivery of the ordered products to the address indicated by the customer is carried out by a delivery partner of Colline degli Ulivi, whereby only one delivery attempt is made and the goods are then available for collection at the location indicated in the deposit confirmation until the expiry of the collection period. The risk of loss or damage to the goods shall pass to the customer when the goods are delivered to the customer, to a third party designated by the customer or to the place of deposit. Shipping costs will be charged per order, depending on the destination country. If, for technical or logistical reasons, a shipment is made in several stages, the shipping costs will only be charged once. Colline degli Ulivi is free to withdraw from the contract if the goods are not collected by the customer from the place of deposit within a period of 14 days. In this case, any purchase price already transferred to Colline degli Ulivi minus the shipping costs will be refunded to the customer.

  • 8 Prices

The prices stated in the online shop are inclusive of all taxes, whereby the customer cannot make any claims against Colline degli Ulivi due to an obvious typographical or printing error. The respective shipping costs will be added to the order. The Customer undertakes to pay the purchase price in full as soon as the order is placed. 

  • 9 Offsetting

A set-off of own claims by the customer is only permissible if these claims have been determined by a court or expressly recognised by Colline degli Ulivi.

  • 10 Reservation of ownership

The goods remain the property of Colline degli Ulivi until full payment of all goods from the same order.

  • 11 Warranty and compensation

The customer undertakes to open the received goods immediately after receipt and to check them for completeness and function/damage for the purpose of a flawless and quick processing. If there is a defect in the goods, Colline degli Ulivi is first obliged to remedy the defect and only then, if the remedy of the defect is not possible or involves a disproportionately large effort, to deliver new, defect-free goods. No guarantee is expressly given, the defect must have already existed at the time of handover and must have been asserted in court within the statutory warranty period. The customer is obliged to prove the defectiveness of the goods at the time of handover, unless it is a consumer transaction. If the rectification of defects or the replacement is not possible or disproportionate, or if this is refused by Colline degli Ulivi, the customer may, at his option, declare the withdrawal from the purchase contract or demand a reduction of the purchase price. Claims for damages against Colline degli Ulivi in connection with the use of this website and in connection with legal transactions are excluded, unless - in the case of consumer transactions - personal injury is involved or Colline degli Ulivi has caused the damage intentionally or by gross negligence. If the customer is an entrepreneur within the meaning of § 1 of the Austrian Commercial Code (UGB), Colline degli Ulivi shall only be liable in the event of intentional infliction of damage.

  • 12 Applicable law

The contracting parties expressly agree to the application of Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods, insofar as no mandatory statutory provisions conflict with this.

  • 13 Jurisdiction

For all disputes arising from the contractual relationship between customers and Colline degli Ulivi, the exclusive jurisdiction of the district court of Villach is agreed.

  • 14 Severability clause

If individual provisions of these GTC become ineffective, this shall not entail the ineffectiveness of the other provisions made. The invalid provision shall be replaced by the relevant statutory provisions themselves or shall be determined by the mutual will of the parties.

Questions about data protection?

available for you at:

office@colline-d-ulivi.com

All prices include VAT at the statutory rate.

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. Errors and omissions excepted. Unless otherwise stated, offers are valid while stocks last. Discount promotions not valid on pre-orders.

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