Terms and Conditions - Manicone & Castelluccia -, www.castelluccia.de -
(1) These General Terms and Conditions (GTC) apply to all offers and services relating to the Internet platform – www.castelluccia.de – If the customer refers to the inclusion of his own terms and conditions of business or purchase, this will be contradicted.
(2) Individual contractual agreements take precedence over general terms and conditions.
2. Making up of the contract
(1) The service descriptions on our website — www.castelluccia.de — do not yet constitute offers for the conclusion of a sales contract. Such an offer will only be made with the customer's online order via the contact form or on the basis of an order made by telephone or in text form. The confirmation of receipt of the order, which we subsequently sent, does not constitute acceptance of this offer. The purchase contract is only concluded upon receipt of the order confirmation. The customer is no longer bound by his offer (this expires) if we have not sent him the declaration of acceptance within 5 calendar days (calculated from the receipt of the order with us).
(2) If a declaration of acceptance received late to the customer has been sent in such a way that it would have been received by him in good time during regular carriage, and the customer had to recognize this, he shall notify us of the delay immediately after receipt of the declaration, unless it has already been received beforehand. If the customer delays the sending of the advertisement, acceptance shall be deemed not to be delayed. In addition, the late acceptance by us is considered a new offer for the conclusion of a purchase contract, which the customer can accept by express declaration of acceptance or by receiving the goods.
3. Choice of law
The law of the Federal Republic of Germany applies to the contractual relations between the parties to the purchase. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the customer is habitually resident. The application of the UN Convention on Contracts for the Receuncing Of Goods (CSIG) is excluded.
4. Prices, payment, delivery, shipping costs
(1) The remuneration includes the value added tax (VAT) valid at the time of ordering.
(2) In the case of contracts, we offer the following payment options:
I. For deliveries within Germany:
1. Advance payment per
• Purchase on account
2. Direct debit collection procedure with appropriate authorisation of the buyer
3. Payment by credit card
4. Cash on delivery
II. For deliveries abroad:
• Credit card
III. In addition, the collection of our goods in our warehouse is also possible in return for cash (storage location: -data entry-).
(3) All items are shipped within Germany and after data entry.
(4) Delivery is made either by DPD, post or by a manufacturer's own forwarding agent.
(5) The shipping costs can be found in the button - Data Entry - in the navigation as well as in the goods presentations.
5. Distance selling information
1. The description of the goods is given in the presentation on the Internet under www.castelluccia.de
(2) The instructions about your statutory right of withdrawal as a consumer, exceptions to the right of withdrawal, its premature expiry, the withdrawal form, the consequences of the withdrawal, e.B. return, return costs and compensation for value, can be found under the menu item "Withdrawal instruction" or
at the following link: https://www.castelluccia.de/content/34-Widerrufsbelehrung.
(3) Delivery shall take place no later than 5 working days (Monday to Friday, excluding public holidays) after the payment order has been issued to the transferring credit institution (in case of prepayment) or after conclusion of the contract (in case of cash on delivery or purchase of an invoice).
(4) We do not provide after-sales services, in particular after-sales service, and do not provide any guarantees ourselves.
(5) There is no out-of-court appeal or redress procedure to which we are subject.
(6) All further information about our company, the offer and the processing of the purchase can be found in the presentations on our website.
6. Consumer Dispute Resolution Procedures
Regulation (EU) No 524/2013 (ODR Regulation) on online dispute resolution in consumer matters has been in force since 09.01.2016. It applies to the out-of-court dispute resolution of disputes concerning contractual obligations arising from online sales contracts or online service contracts between consumers and online retailers and aims to achieve a high level of consumer protection in the European internal market. The possibility of online dispute resolution (OS) is intended to provide a simple, efficient, fast and cost-effective out-of-court solution to disputes. The OS Platform forwards duly filed complaints to the ADR (Out-of-Court Dispute Resolution) (under national law). The use of the OS platform itself is free of charge, in proceedings before the AD agencies, the consumer may incur costs (up to EUR 30.00) if his application is abusive.
Link to the EU Commission's OS platform: https://ec.europa.eu/consumers/odr
Our e-mail address is: email@example.com
7. Information on e-commerce
(1) Technical steps for the conclusion of the contract
See the explanations in section 2 of our General Terms and Conditions.
(2) Contract text storage / expression
The customer can save the contract text by backing up the relevant website to his computer by using the function of his browser "Save As". The printing function of his browser also allows him to print the contract text. We store the contract texts ourselves and make them accessible to the customer by e-mail or post on request.
(3) Possibility of correction
The customer can correct his entries at any time during the ordering process by selecting the "Back" button in the browser and then making the corresponding change. By closing the web browser, the customer can cancel the entire ordering process at any time. Furthermore, the order overview before sending the online order also offers an additional correction option, which the customer is informed of.
The language available for the conclusion of the contract is exclusively German.
(5) Code of Conduct
We have not submitted to any special code of conduct (rules of law).
There is a statutory right of liability for defects for the purchased goods. The warranty period (i.e. the period of liability) for defects of the goods is 24 months for new goods, 12 months for used goods.
The warranty period begins from the handover of the goods to the buyer.
The warranty claims for new and used goods shall become time-barred within two years from the handover of the goods to the buyer. However, the regular limitation period of 3 years remains,
beginning with the end of the year in which
1. the claim has arisen and
2. the creditor should become aware of the circumstances and the person of the debtor or obtain without gross negligence, the creditor;
– in the case of liability for damage resulting from injury to life, body or health resulting from a negligent or intentional breach of duty committed by me or an intentional or negligent breach of duty by one of my vicarious agents, or
– in the event of liability for other damage resulting from an intentional or grossly negligent breach of duty committed by me or on an intentional or grossly negligent breach of duty by one of my vicarious agents, or
– in the case of liability for fraudulently concealed defects, claims arising from warranty promises or liability under mandatory statutory provisions, e.B. according to the Product Liability Act, or
– in the case of claims arising from a rescission made by mutual agreement between the parties to the purchase, a reduction made by mutual agreement between the parties to the purchase or from any other agreement of the parties to the purchase with regard to the regulation of warranty claims.
The two-year limitation period for recourse claims pursuant to Section 478 of the German Civil Code remains unaffected.
The warranty does not cover normal wear and tear.
9. Retention of title
1. We reserve ownership of the delivered item until all payments from the purchase contract have been received. If the buyer does not comply with his contractual obligations, in particular in the event of a delay in payment, we are entitled to demand the delivered item out; in this case, the buyer is obliged to return the goods.
2. The buyer is obligated to notify us immediately in the event of attachments regarding the purchased item or other related accesses or attempts by third parties with regard to the purchased item, so that we can exercise our rights under the retention of title.
10. Note on the Battery Act (BattG)
If the offer includes batteries or batteries, you are legally obliged to dispose of used batteries or batteries separately. Please leave them at a municipal collection point or in local shops. Batteries and accumulates that you have received from us can be returned to us free of charge. Batteries or batteries containing pollutants are marked with the symbol of a crossed-out garbage can and the chemical symbol of the respective pollutant (e.B. "Cd" for cadmium, "Pb" for lead, "Hg" for mercury). You will also find these information again in the accompanying documents of the consignment.
11. Transport damage
(1) If goods are delivered with obvious transport damage, please complain to the delivery company immediately and contact us as soon as possible.
(2) Failure to make a complaint or contact has no consequences for your statutory warranty claims. However, they help us to assert our own claims against the carrier or.dem transport insurer.
12. Data protection
The data protection declaration for the implementation of data protection regulations can be found in the separate data protection declaration.
13. Copyright notice
The photos posted on our website and the texts created by us are protected by copyright. Unauthorized copying and publishing of this (even in part) will be prosecuted under criminal law and civil law in accordance with Section 97 of the UrhG.
14. Severability clause
Should individual provisions of the contract with the customer, including these GENERAL terms and conditions, be completely or partially ineffective or become ineffective or if the agreements contain a gap, this shall not affect the validity of the remaining provisions.