General terms and conditions

General terms and conditions of the sole proprietorship “Fiorellina”, based in 39026 Prad am Stilfserjoch – Hauptstraße 175, VAT no. 03212430213, email address:
elisabeth@fiorellinashop.com, Tel.: +39 342 136 53 75, in the person of the legal representative of the same name (hereinafter referred to as “Seller”);

Sent in advance:

• that the seller operates the website fiorellinashop.com (hereinafter “website”);
• that the website is intended for business-to-consumer (B2C) business transactions;
• that the term “General Terms and Conditions for Online Sales” means the sales contract for consumer goods of the seller, which is concluded between the seller and the buyer within the framework of a distribution system organized by the seller for distance selling;
• that the Wort-Bild brand, the logo and the domain of the website are the exclusive property of the seller;
• that these terms and conditions regulate the online sale between the sole proprietorship “Fiorellina” and the buyer, who expressly acknowledges, confirms and declares that he is making the purchase for purposes unrelated to his possible business or professional activity;
• that these preliminary remarks are an integral and essential part of the contract;

is agreed as follows:

Subject of the contract

• • These general terms and conditions, which are made available to the buyer for reproduction and storage in accordance with article 12 of Legislative Decree No. 70 of April 9, 2003, govern the purchase of products at a distance and by means of distance communication via the website of the seller with its registered office in Prad am Stelvio Pass, to the subject.
  • With this contract, the seller sells and the buyer purchases by distance selling the products listed and offered for sale on the seller’s website.
  • The essential product features are described on the seller’s website. Illustrations of the products do not necessarily reflect their properties accurately.
  • The seller undertakes to deliver the selected products – if available – against payment of the corresponding amount in accordance with Article 3 of this contract.

Acceptance of Terms and Conditions

2.1.       All orders are transmitted to the seller by the buyer after prior registration on the website and entering ID and PW to access an area protected by a security protocol, upon completion of the specified ordering process.

2.2.       These general terms and conditions must be checked “online” by the buyer before completing the ordering process. The transmission of the order by the buyer therefore requires full knowledge of these conditions and their complete acceptance.

2.3.       The buyer who sends the confirmation of his order electronically undertakes to fully accept the terms and conditions of business and payment described below and to comply with them in his business relations with the seller; he declares that he has seen and accepts all the information provided by the seller in accordance with the above provisions and he further acknowledges that the seller is not bound by any conditions to the contrary, unless they have been agreed in advance in writing.

2.4.     To accept the Terms and Conditions, all sections of the online form must be completed completely and accurately, following the on-screen instructions and finally clicking on the ACCEPTANCE OF THE TERMS AND CONDITIONS and PRIVACY INFORMATION boxes to
accept.

Order and sales prices

3.1.       The goods, prices and terms and conditions available on the website are always stated in euros. These are always guidelines and must be expressly confirmed by the seller via email.

3.2.       The products published on the homepage or in other areas of the website are inclusive of VAT and do not include any taxes, duties or customs fees that may be applicable in the country of arrival of the products – if this is not Italy – and are in any case borne by the buyer. Shipping is free of charge, except in the case of exceptions and deviations which will be announced on the website and/or by email. In any case, the possible costs will be communicated to the buyer before the order is confirmed.

3.3.       The seller checks the availability of the ordered goods and confirms acceptance of the order by email. The order is only considered accepted by the buyer when the seller sends the email.

3.4.       The contract concluded via the website is concluded at the time when the buyer receives the formal order confirmation by email, with which the seller accepts the buyer’s order and informs him that he can carry out the order. The contract is concluded at the place where the legal domicile of the seller is located.

3.5.      The buyer acknowledges and accepts that, for organizational reasons, a maximum of goods with a value of €1,000.00 can be ordered online at the same time. For larger orders, the buyer can contact Fiorelleina directly to agree on the conditions and modalities of the order.

3.6.       The buyer expressly grants the seller the right to accept the order even partially (for example if not all products ordered are available). In this case, the contract is deemed to have been concluded for the goods actually sold.

Payment Methods

4.1.       Payments by the buyer can only be made in the following forms: advance payment by bank transfer or online payment or by credit card.

1. Advance payment by bank transfer: Payment must be made to Fiorellina IBAN:
   IT22R0585658540046571523268, BIC: BPAAIT2B0464 – Südtiroler Volksbank AG. The goods will be dispatched after receipt of payment has been confirmed.
2. Online payment with credit card: Payment can be made with the following credit cards: Visa, MasterCard. The amount to be paid will be debited upon completion of the order. Please note that the bank may require you to enter a PIN code or password during the payment process with Visa or MasterCard. If the customer

Delivery

5.1.       The seller will deliver the duly ordered goods to the buyer using trusted freight forwarders or courier services to the address specified by the buyer. Deliveries to Italy, Germany and Austria normally take place within 7 working days and deliveries to all other EU countries within 10 working days. If the seller is unable to make delivery within this period, but in any case within 30 days from the conclusion of the contract, the buyer will be informed of this in good time by email. In any case, the ordered goods will be shipped after receipt of payment, which is why the stated delivery period only expires from this point onwards.

5.2.      In the event that the buyer is absent, a note will be left with the necessary information to contact the courier or carrier to agree on delivery conditions.

5.3.       The seller is not liable for delay or non-delivery of the goods in the event of inaccurate or incorrectly provided address details on the part of the buyer.

5.4.       When receiving the goods, the buyer must ensure that the delivered goods correspond to the order; only after this verification may he sign the delivery documents, subject to the right of withdrawal provided for in article 10 of the Terms and Conditions.

Limitation of Liability

6.1.       The seller assumes no liability if the goods are delivered late or not at all in cases of force majeure, such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods or other similar events that affect the timely execution of the contract in whole or in part prevent, is attributable.

6.2.       The buyer cannot hold the seller liable for operational disruptions or interruptions in connection with the use of the Internet that are beyond his control, with the exception of intent or gross negligence on the part of the seller.

6.3.       The Seller shall not be liable to the Buyer and/or third parties for any damages, losses and costs resulting from non-execution of the contract for the reasons set out above and the Consumer shall only be entitled to a refund of the price, if any, paid.

6.4.       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 products ordered, if it can prove that it has taken all possible precautions based on current knowledge and experience and with the necessary care has.

Warranty and customer service

7.1.      The seller only sells high quality goods. If there are any questions, complaints or suggestions, the buyer can contact Fiorellina. In order to ensure that his concerns, complaints or suggestions are processed quickly, the buyer should describe the problem as precisely as possible and, if necessary, send a copy of the order documents or provide the order number, customer number, etc.

7.2.       In the event of non-conformity, the provisions of Legislative Decree No. 206 of September 6, 2005 apply. The seller must therefore be liable for defects that already existed at the time of sale for a period of 2 years from the delivery of the goods. Any defects must be reported within 2 months of being discovered, otherwise the buyer will lose the warranty claim. The guarantee applies only to the products specified in Legislative Decree No. 206 of September 6, 2005.

Obligations of the buyer

8.1.      The buyer undertakes to pay the purchase price for the ordered goods in the time and form specified in the contract.

8.2.       After completing the order, the buyer must print out and keep these general terms and conditions, which he has already viewed and accepted when placing the order by clicking on them, as well as the product description of the ordered goods, in order to comply with the
condition stated in Legislative Decree No. 206 of September 6, 2005 to be fully fulfilled.

8.3.       The buyer is prohibited from entering false and/or fictitious and/or imaginary data when registering using the relevant online form. When it comes to personal details and email addresses, only your own real data and not those of third parties and/or fictitious people may be provided. The buyer therefore assumes full liability for the accuracy and truth of the information provided in the registration form at the end of the ordering process.

8.4.       The Buyer agrees to indemnify the Seller against any liability for the issuance of inaccurate tax documents based on misrepresentations provided by the Buyer, who is solely responsible for the correct data entry.

Right of withdrawal in accordance with Legislative Decree No. 206/2005

9.1.       The right of withdrawal applies only to the goods mentioned in Legislative Decree No. 206 of September 6, 2005.

9.2.       The buyer can revoke the concluded contract without penalty and without giving reasons within 14 (fourteen) days from receipt of the ordered goods.

9.3.       If the Buyer wishes to exercise his right of withdrawal, he must notify the Seller of this fact using the withdrawal form attached in Annex I, Section B of Legislative Decree No. 21/2014 or any other express and unambiguous statement regarding his decision to revoke the contract. The burden of proof regarding the proper exercise of the right of withdrawal lies with the buyer. In order to exercise the right of withdrawal, the return of the ordered goods, provided that it is carried out within the same period and in accordance with the modalities referred to in article 11, may replace the delivery of the above-mentioned notice. The date of handover to the post office or to the carrier applies.

9.4.       The return of the goods must be carried out without delay and in any case no later than 14 (fourteen) days from the moment the Buyer notified the Seller of his decision to withdraw from the contract. A claim to a refund of the full purchase price only exists if the goods are returned intact and in any case in such a condition that can arise from a proper inspection of the nature, properties and functionality of the goods.

9.5.       When exercising the right of withdrawal, the seller reserves the right to charge the buyer for the costs directly associated with returning the goods to the seller. If the buyer is charged for the return shipping costs, the buyer will be expressly informed of this in a timely manner via email.

9.6.       The buyer who exercises his right of withdrawal as intended will be refunded the amounts already paid, with the exception of the additional costs that arose because the buyer expressly chose a different type of delivery than the cheapest standard delivery offered by the seller. The costs will be reimbursed without delay and in any case within 14 days from the moment the seller was informed of the buyer’s decision to exercise the right of withdrawal. However, the seller may refuse repayment until he has received the goods back or until the buyer has provided evidence that he has sent the goods back, whichever is the earlier, unless the seller has offered to do so Collect goods yourself.

9.7.       Upon receipt of the notification in 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.

Return of goods

10.1.     For the possible return of the goods for the reasons mentioned above, which is free of charge for the buyer, the following procedure is agreed between the contracting parties in order to ensure a safe and hassle-free return:

The buyer notifies the seller of his return request via email to elisabeth@fiorellinashop.com or by telephone at +39 342 136 53 75. To improve the seller’s offer, the buyer can provide a reason for the return. The conditions and modalities for the return will be agreed.

Messages

11.1.     Except for the cases expressly mentioned or those established by law, the communications between Seller and Buyer shall preferably be made through email messages to the respective email addresses, considered by both contracting parties as a valid means of communication and the use of which in court is not the only one can be objected to due to the fact that these are electronic documents.

11.2.     Written communications to the seller and any complaints are only valid if sent to Fiorellina by post or by email to elisabeth@fiorellinashop.com.

11.3     Both contracting parties may change their email address at any time for the purposes referred to in this article, provided that they immediately notify the other contracting party of this in accordance with the forms referred to in the paragraph above.

Processing of personal data

12.1. The buyer expressly declares that he has consulted the information provided for in article 13 of Legislative Decree No. 196 of June 30, 2003 (Data Protection Code) and the “Privacy Policy” of the website.

12.3. The rights provided for in the data protection regulations and the seller’s information obligations are checked “online” before the ordering process is completed. The transmission of the order confirmation therefore requires full knowledge of it.

12.4. The Seller protects the privacy of customers and ensures that the data processing complies with the data protection regulations set out in Legislative Decree No. 196 of June 30, 2003.

12.5. The personal and tax data obtained by the Seller, as data controller, directly and/or through third parties, are collected and processed in paper form or in electronic and telematic form, depending on the method of processing, for the following purposes: registration of the order,
Carrying out the procedures for the execution of the contract and related communications, complying with any legal obligations and ensuring the efficient management of commercial relationships in the manner necessary to provide the requested service in the best possible way
(Article 24, paragraph 1, letter b, Legislative Decree No. 196/2003).

12.6. The seller undertakes to treat the data and information transmitted by the buyer confidentially and not to make them accessible to unauthorized persons or to use them for purposes other than those intended or to pass them on to third parties. This data will only be disclosed at the request of the judicial authorities or other authorities authorized by law.

12.7. Personal data will only be transmitted to persons who are entrusted with carrying out the activities necessary for the execution of the contract and who have previously signed an obligation to treat this data confidentially. The data is transmitted exclusively for this purpose.

12.8. The buyer is entitled to the rights referred to in article 7 of Legislative Decree No. 196/03,
including the right:

1. a) to request the updating, correction or, if there is an interest, supplementation of the data;
2. b) to request that data processed unlawfully be deleted, anonymized or blocked; this also applies to data whose retention is not necessary for the purposes for which they were collected or subsequently processed;
3. c) obtain confirmation that the operations referred to in letters a) and b), including their content, have been communicated to those to whom the data were communicated or to whom they were disseminated, unless this proves impossible or the expenditure of resources would be unacceptably large in relation to the protected right. The data subject also has the right to, in whole or in part:
4. i) to oppose, for legitimate reasons, the processing of personal data concerning them, even if such data correspond to the purpose of the collection;
5. ii) to oppose the processing of personal data concerning them when such processing is carried out for the purposes of sending advertising material or direct sales, for market or opinion research or for commercial information.

12.9.     The buyer’s disclosure of his or her own personal data is a necessary prerequisite for the proper and timely execution of the contract. Otherwise, the buyer’s order cannot be processed.

12.10.  In any case, the data obtained will not be kept beyond the period necessary for the purposes for which they are collected or subsequently further processed. Their removal is done in a safe manner.

12.11.   The owner of the collection and processing of personal data is the seller, at whose registered office the buyer can address his inquiries and requests.

Place of jurisdiction

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

13.2.     If a dispute cannot be resolved amicably, and in any case within six months of its occurrence, it will be referred to the court in whose district the buyer/consumer is domiciled, in accordance with Legislative Decree No. 206/05; If the buyer is not an end consumer, it is agreed that the court in Bolzano has exclusive jurisdiction for all disputes, even in deviation from the provisions on territorial jurisdiction.

Applicable Law and Legal Reference

14.1.     The business relationships and transactions arising from these general terms and conditions are governed by Italian law.

14.2.     Except as expressly provided otherwise herein, the legal provisions applicable to the commercial relationships and transactions provided for in this contract apply and, in any case, the provisions of the Italian Civil Code and Legislative Decree No. 206 of September 6, 2005 (Consumer Code).

Final provisions

15.1. By accepting these general terms and conditions, all previous written and oral agreements, understandings and negotiations between the contracting parties regarding the subject matter of this contract become invalid and ineffective.

15.2. The possible ineffectiveness of individual provisions has no influence on the effectiveness of the contract as a whole.

15.3. These general terms and conditions have been written in Italian and German. The contracting parties agree that in the event of difficulties in interpretation, the text in German will take precedence.

ACCEPTANCE OF THE TERMS AND CONDITIONS BY THE BUYER

In accordance with Articles 1341 and 1342 of the Civil Code, the buyer declares that he has carefully read the general terms and conditions and expressly agrees to the following provisions:

Art. 3 (Order and sales prices), Art. 5 (Delivery), Art. 6 (Limitation of liability), Art. 7 (Warranty and customer service), Art. 8 (Buyer’s obligations), Art. 9 (Right of withdrawal in accordance with Legislative Decree No. 206/2005), Art. 13 (Jurisdiction), Art. 14 (Applicable law and legal reference).