General terms and conditions

1. Scope of application

For all orders via our online store by consumers and entrepreneurs, the following GTC apply.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

The following shall apply vis-à-vis entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

2. Contracting party, Conclusion of contract, Correction options

The purchase contract is concluded with TerraTuscia srl.

The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained for this purpose in the order process. By clicking the order button, you submit a binding offer for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order.

We will accept your offer within two days by

• issuing a declaration of acceptance in a separate e-mail or
• deliver the goods or
• if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The execution time of the payment transaction depends on the selected payment method (see under “Payment”).

The alternative that is relevant to you is based on which of the enumerated events occurs first.

3. Contract language, Contract text storage

The language(s) available for the conclusion of the contract: English

We save the text of the contract and send you the order data and our GTC in text form. You can view the text of the contract in our customer login.

4. Delivery terms

Shipping costs are added to the indicated product prices. You can find out more about the amount of shipping costs in the offers.

We deliver only by shipping. Unfortunately, self-collection of the goods is not possible.

We do not deliver to packing stations.

5. Payment

In our store you can basically use the following payment methods:

6. Right of revocation

Consumers are entitled to the statutory right of withdrawal as described in the revocation policy. Entrepreneurs are not granted a voluntary right of revocation.

7. Reservation of ownership

The goods remain our property until full payment.
For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the receivables, but we may also collect receivables ourselves if you fail to meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. Transport damages

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us will have no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.

For entrepreneurs, the following shall apply: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.

9. Warranty and guarantees

Validity of the statutory liability for defects

Unless expressly agreed otherwise, the statutory liability for defects shall apply.
The following limitations and reductions of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

• in case of injury to life, body or health
• in case of intentional or grossly negligent breach of duty as well as fraudulent intent
• in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

Restrictions towards consumers

In the case of the purchase of used goods by consumers, the following applies: if the defect occurs after the expiration of one year from the delivery of the goods, the claims for defects are excluded. Defects occurring within one year of delivery of the goods may be claimed within the statutory limitation period of two years from delivery of the goods.

Restrictions towards entrepreneurs

With respect to entrepreneurs, only our own information and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is made under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

Regulations towards merchants

Among merchants, the regulated obligation to inspect and give notice of defects shall apply. If you fail to notify us as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

Guarantees and after sales service

Information on any additional warranties that may apply and their exact terms can be found with the product and on special information pages in the online store.

10. Liability

For claims based on damages caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation

• in case of injury to life, body or health,
• in the event of intentional or grossly negligent breach of duty,
• in the case of warranty promises, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of material contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and compliance with which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

11. Dispute settlement

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged to participate in an dispute settlement process of a third party consumer arbitraion board.

12. Final clauses

If you are an entrepreneur, Italian law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the italian Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our registered office.