§ 1 Scope
For the business relationship between the owner Ricci Christian and the purchaser, the following general terms and conditions of business apply in their version valid at the time of the order. The Purchaser agrees that in the case of the use of General Terms and Conditions by him, in doubt of our conditions, even if the conditions of the Purchaser remain undisputed. Contracts for the fulfillment of our obligations shall not be deemed to be acceptance of terms and conditions which deviate from our terms and conditions. If, however, the contract is still left unclear, these must be cleared in such a way that the contents are agreed upon, which are usually agreed in comparable cases. The terms of the contract will become part of this contract with your order.
§ 2 Conclusion
Our offers are free. Your order constitutes an offer to us to conclude a purchase contract. A purchase contract comes into existence only when we send the ordered product to you. There is no purchase contract for products from one and the same order, which are not sent. The contracting party is Mr Ricci Christian. The Purchaser agrees that invoices shall also be generated and transmitted electronically. Mr. Ricci Christian does not offer any products for purchase by minors.
§ 3 Right of withdrawal, exclusion of revocation, revocation instruction
Purchasers who are consumers within the scope of the Consumer Protection Act may withdraw from a contract concluded in a distance contract (or a declaration made in a distance contract) within a period of 7 working days from receipt of the delivery of the ordered goods. It is sufficient if the cancellation notice is sent within the deadline without giving reasons, Saturdays are not counted as business days. In case of rescission, a total or partial reimbursement of the purchase price will only take place on a case-by-case basis against the restitution of the goods received by the purchaser. The costs of the return are to be borne by the customer. Shipping charges paid in advance are exempt from any refund. The goods should be returned in unused and as a new resaleable condition and in the original packaging. In the case of articles which are impaired by use traces, as long as these have not been caused by the intended use, we will charge an appropriate fee for the impairment. The same applies if the accessories or parts are missing when the goods are returned. The costs of the return are to be borne by the customer. If the goods are sent back unrestrained, we are entitled to withhold or charge a corresponding amount.
The revocation by returning the goods must be sent to: Ricci Christian Haimingerberg 14 A-6425 Haiming AUSTRIA
Revocation sequences: In the case of an effective revocation, the services received at both ends must be returned. If you are unable to return the received performance in full or in part or only in a deteriorated condition, you may have to provide us with a decree. In addition, you can avoid the obligation to change the value of the goods as a result of a proper use of the goods (ie, use only for the purpose for which the respective product is intended and intended) by not doing the thing as your property In use and omit anything which adversely affects their value. You have to bear the cost of returning. Obligations to reimburse payments must be met within 30 days. The period begins for you with the sending of your declaration of revocation or the thing, for us with their receipt. The right of revocation does not exist in the case of remote sales contracts for the delivery of goods which are manufactured according to customer specifications or which are clearly tailored to the personal requirements or which are not suitable for a return or which can be spoiled quickly or whose expiry date would be exceeded. Cosmetic products are completely excluded from a return, unless the supplier has already been able to prove deficiencies.
§ 4 Delivery
In the absence of any express agreement to the contrary, the costs and the risk of the transport of goods shall be borne by our contractual partner. Unless otherwise agreed, the delivery will take place from the warehouse Mr. Ricci to the delivery address indicated by the customer. On the website you will find information on the availability of products sold directly by Plankova-Ricci.com (for example, on the respective product details page). We would like to point out that all information on the availability, dispatch or delivery of a product is merely indicative and approximate. They do not constitute binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date for the shipping options of the respective product. If Plankova-Ricci.com determines during the processing of your order that products ordered by you are not available, you will be informed separately by e-mail. In the event that Lucina-Cucina.com is unable to fulfill its obligations under the contract, Lucina-Cucina.com is entitled to withdraw from the contract. In this case, the purchaser is immediately informed that the ordered product is not available. The legal rights of the customer remain unaffected. The purchaser is entitled to accept minor excesses of delivery in any case without being entitled to a claim for damages or the right of withdrawal. Insofar as a delivery to the purchaser is not possible because the delivered goods does not fit through the entrance door, the doorstep or the staircase of the purchaser or because the customer is not found under the delivery address specified by him or otherwise is in default of acceptance, the orderer carries the Cost of unsuccessful delivery. In addition, we are entitled to either store the goods with us, for which we charge a storage fee of € 5 per calendar day and at the same time insist on the fulfillment of the contract or to rescind the contract after setting a reasonable deadline.
§ 5 Unilateral changes in performance
Materially justified and minor changes that do not affect the price can be made by us. This applies in particular to such delivery periods. We will then announce how long a delay is to be expected if the actual deadline can be estimated, but at the latest one week before the originally agreed delivery date.
§ 6 Maturity and payment, default interest
The purchaser is obligated to pay the purchase price in full at the conclusion of the contract without any deduction and free of charge. Payment shall be deemed to be timely only if the amount is credited or credited to our account on the due date. The customer can pay the purchase price by credit card, paypal or advance payment. Even if the customer is not responsible for payment, we are entitled to charge interest on arrears at a rate of 8% above the basic interest rate annually, as a result of which claims for the replacement of proven higher interest rates are not impaired.
§ 7 Offsetting, retention
The purchaser is only entitled to set off his counterclaims in a legally binding manner or are undisputed by Mr. Ricci Christian. In addition, he is entitled to exercise a right of retention only to the extent that his counterclaim is based on the same contractual relationship.
§ 8 Price
All prices include applicable VAT. It is expressly agreed that the value of the receivable including the supplementary claim must be maintained. The consumer price index, published monthly by the Austrian Central Statistical Office, serves as a measure of the value stability. The reference number calculated for the month of the contract is used as reference for this contract. Variations in the index number upwards or downwards to a maximum of 0.5% are not taken into account and will be billed to the full extent only if this margin is exceeded. This margin is to be recalculated whenever the limit is exceeded either upwards or downwards, with the first index number remaining outside of the respective scope available to form the basis for both the revaluation of the claim amount and the calculation of the new margin. The resulting amounts must be rounded up to one decimal place. In the case of a consumer transaction, no price changes will be billed in the first two months after the conclusion of the contract, unless this has been explicitly negotiated in detail.
§ 9 Retention of title
The delivered goods remain the property of Lucina-Cucina.com until full payment of the purchase price and all costs and expenses. In the event of a partial delay in payment, the buyer agrees that we can collect the goods at his own expense at any time. In the event of default, we shall be entitled to assert our rights under the ownership reservation. It is agreed that in the assertion of the retention of title there is no withdrawal from the contract, unless we explicitly declare the withdrawal from the contract.
§ 10 Place of fulfillment
Place of performance is both for our performance and the consideration:
§ 11 Warranty and damages
Apart from those cases where the right to conversion is due by law, we reserve the right to meet the warranty claim at our option by improvement, exchange or price reduction. The assignment of these claims by the customer is excluded. The Contractor must always prove that the defect already existed at the time of handover. The goods shall be inspected immediately after delivery. Any defects found shall also be reported to the seller immediately, but at the latest within 3 days after delivery, indicating the nature and extent of the defect. Concealed defects must be reported immediately after their discovery. If a defect notification is not filed or is not collected in time, the goods shall be deemed approved. The assertion of warranty claims or claims for damages as well as the right to challenge claims for defects are excluded in these cases. The warranty period is twenty-four months from delivery. Insofar as Lucina-Cucina.com grossly negligently violates a contractual obligation, the liability for damage to property is limited to the typically arising damages. A claim for damages for slight negligence, apart from personal injury, is excluded. The customer shall return the defective goods for a subsequent performance by means of a replacement delivery. The defective goods must be returned according to the legal regulations. Lucina-Cucina.com reserves the right to claim compensation under the statutory requirements. Unless otherwise stated above, any further claims of the customer are excluded - irrespective of the legal grounds. Lucia-Cucina.com is therefore not liable for damages which are not caused by the delivery item itself; In particular, Lucina-Cucina.com is not liable for loss of profit or for other assets of the customer. As far as the contractual liability of Mr. Ricci Christian is excluded or restricted, this also applies to the personal liability of employees, representatives and vicarious agents. The right of recourse acc. § 933b ABGB is excluded.
§ 12 product liability
Any claims for reimbursement by the contracting parties or third parties from the title "product liability" within the scope of the PHG are excluded, unless the person entitled to recourse proves that the fault has been caused in our sphere and is at least grossly negligently indebted.
§13 On bill
The contractual partner waives the possibility of set-off. However, this does not apply to consumers in the event of our insolvency or to claims which are connected with our claim in the legal context or are recognized by us. In these cases, consumers have the option of set-off.
§ 14 Non-performance prohibitions and prohibitions of retention
Justified complaints do not entitle the retention of the entire, but only an appropriate part of the invoice amount.
§ 15 Law clearance, customer blog
If the user decides to write a message on the Lucina Cucina.com blog, he grants Lucina-Cucina.com a license that is unlimited in time and place for the duration of the underlying right and for the continued use of this message for any purpose online offline. Lucina-Cucina.com will endeavor to always name the author as author (unless the author has indicated that he wishes to remain anonymous), but reserves the right to abridge or eliminate this information. Lucina-Cucina.com reserves the right not to display or display a blog entry on the website for a limited time, as well as to shorten or modify it. In addition, the blog guidelines apply. Customer log entries reflect exclusively the opinion of customers. The content does not necessarily coincide with the view of Lucina-Cucina.com.
§ 16 Collection, processing and use of personal information from our customers
Information that we receive from you helps us to personalize and improve your shopping experience at Lucina-Cucina.com. We use this information for the processing of orders, the delivery of goods and the provision of services and the processing of the payment. We also use your information to communicate with you about orders, products, services, and marketing offerings as well as to update our records and maintain and maintain your customer accounts, For example, to display customer log entries and to recommend products or services that might interest you. We also use your information to improve our platform, prevent or abuse our website, or enable third parties to perform technical, logistical or other services on our behalf.
§ 17 Formal requirements
All agreements, subsequent amendments, additions, subsidiary agreements, etc. must be legally valid in writing, thus also the original signature or the secure electronic signature.
§ 18 Applicable law
Austrian law applies to the exclusion of the UN purchase law.
§ 19 Jurisdiction agreement
In order to resolve all disputes arising from this contract, the court of jurisdiction at the domicile of our company shall be locally responsible. However, we also have the right to sue at the general jurisdiction of the contracting party. For any action brought against a consumer who has his place of domicile, his habitual residence or place of employment in Austria for disputes arising out of this contract, one of the courts in which the consumer is domiciled, habitual residence or place of employment is competent. For consumers who are not resident in Austria at the time of signing the contract, the legal jurisdictions shall apply.
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