General terms and conditions
1. Scope
For all orders via our online shop by consumers and entrepreneurs the following terms and conditions apply.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An Entrepreneur is a natural or legal person or a business partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions of business, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to them.
2. Contracting party, conclusion of contract
The purchase contract is concluded with the company: Bäckerei Harrasser GmbH (DI)
By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order you will receive a confirmation by e-mail.
3. Contract language, storage of contract text
The languages available for the conclusion of the contract are German, Italian and English. We save the text of the contract and send you the order data and our general terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet. The German or Italian language version should always be decisive for your relationship with us.
4. Terms of delivery
You can find out whether a pick-up or delivery is possible in our online shop. Menus for pick-up are marked with "pick-up" or "delivery" for delivery.
In addition to the indicated product prices, shipping costs may therefore be incurred. You will find more detailed information about possible shipping costs in the offers.
Our delivery area is limited to Italien unless otherwise stated. We also reserve the right to limit our delivery area further, e.g. 100 km from our location. Should the customer be outside our delivery area, the customer will be informed as soon as the delivery address is entered.
We do not deliver to packing stations.
5. Payment
In our shop you can choose from the following payment methods, which you will find under the point "Available payment methods". If available, applies:
Credit card
When you place an order, you provide your credit card details and the credit card company carries out an authorization check. Once you have been identified as the legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
Invoice
You pay the invoice amount after receiving the goods and the invoice by bank transfer to our bank account. We reserve the right to offer the purchase on account only after a successful credit check.
Cash payment upon collection
You pay the invoice amount in cash upon collection.
Apple Pay
When you place an order, you provide Apple Pay information and the credit card company or Apple itself performs an authorization check. Once you have been identified as the legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.
6. Right of withdrawal
Consumers are entitled to the legal right of withdrawal as described in the withdrawal instruction. Entrepreneurs are not granted a voluntary right of withdrawal.
7. Reservation of proprietary rights
The goods remain our property until full payment has been received. For entrepreneurs the following applies in addition: We reserve the right of ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign all accounts receivable arising from this resale - irrespective of any combination or mixing of the reserved goods with a new item - to us in advance in the amount of the invoice amount, and we accept this assignment. You shall remain entitled to collect the accounts receivable, but we may also collect accounts receivable ourselves if you do not meet your payment obligations.
8.Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the deliverer and please contact us immediately. Failure to make a complaint or contact us will have no consequences for your legal rights and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.
The following applies to entrepreneurs: 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 any other person or institution designated to carry out the shipment. Among merchants, the duty to examine and to give notice of defects applies. In that regard, if you fail to make a regulated notification, the goods shall be deemed to have been approved, unless the defect is one that was not recognisable during the inspection. This shall not apply if we have fraudulently concealed a defect.
9. Defects liability and warranty
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The following applies to the purchase of used goods by consumers: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year from delivery of the goods can be claimed within the statuary limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for defects claims of newly manufactured goods is one year from the transfer of risk. The sale of used goods takes place under exclusion of any warranty. The statuary limitation periods for the right of recourse remain unaffected.
In relation 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 by the manufacturer or other advertising statements.
If the item delivered is defective, we shall initially provide a warranty to entrepreneurs at our discretion either by eliminating the defect (rectification of defects) or by delivering a defect-free item (replacement is delivered).
The above restrictions and shortening of deadlines do not apply to claims based on damages caused by us, our legal representatives or vicarious agents
in case of injury to life, body or health in the event of intentional or grossly negligent breach of duty or fraudulent intent in the event of breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract, and the compliance with which the contractual partner may regularly rely on (cardinal obligations) as part of a warranty bond, if agreed as far as the scope of application of the Product Liability Act is opened. Information on any additional warranties that may apply, and their exact conditions can be found on the product and on special information pages in the online shop.
Customer service: You can reach our customer service for questions, complaints and objections on working days from
- Monday : 08:00:00 - 18:00:00
- Tuesday : 08:00:00 - 18:00:00
- Wednesday : 08:00:00 - 18:00:00
- Thursday : 08:00:00 - 18:00:00
- Friday : 08:00:00 - 18:00:00
- Saturday : Closed
- Sunday : Closed
at the telephone number : +39 0474 551101 and via e-mail at liefern@harrasser.bz
10. Liability
For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
in case of injury to life, body or health in case of intentional or grossly negligent breach of duty in the case of warranty bonds, if agreed, or as far as the scope of application of the Product Liability Act is opened. In the event of breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract, and the 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, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise claims for damages are excluded.
11. Code of conduct
We have committed ourselves to the following code of conduct:
- Trusted Shops Quality criteria
https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf
12. Settlement of disputes
The European Commission provides an Online Dispute Resolution (OS) platform, which can be found at https://ec.europa.eu/consumers/odr/ We are prepared to participate in out-of-court conciliatory proceedings before a consumer dispute resolution body.
13. Protection of minors
If your order includes goods whose sale is subject to age restrictions, we will ensure that the customer has reached the required minimum age by using a reliable procedure involving a personal identity and age check. The deliverer only hands over the goods after the age check has been carried out and only to the customer personally.
14. Final provisions
If you are an entrepreneur, the law of Organization: Italien applies, excluding the UN Convention on contracts for the International Sale of Goods.
If you are a merchant within the meaning of the commercial code, a corporate body 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 is our registered office.
General terms and conditions created with the Trusted Shops Legislative Text Tool in cooperation with Wilde Beuger Solmecke Rechtsanwälte.