GTC

GENERAL TERMS AND CONDITIONS

General Terms and Conditions of Kaufgut AG

 

Article 1- Definitions and Contact.

(1)       The following "General Terms and Conditions" (hereinafter "GTCs") govern the contracts concluded between Kaufgut AG and a user of the portal or a consumer in the version valid and in force at the time of the conclusion of the contract (see Art 3).

(2)       Kaufgut AG (future "Kaufgut"), registered in the company register at the Chamber of Commerce of the Autonomous Province of Bolzano, Italy under VWV167028, VAT. 02268940216, is based in 39100 Bolzano (BZ), Antonio Pacinotti Str. No. 6, South Tyrol, Italy, Telephone: 0471/540400, PEC Address: kaufgut@pec.it, E-mail: info@kaufgut.it, Fax: 0471/540445, Board of Directors consisting of:

-       Desaler Heinz, Chairman of the Board of Directors and representative of the company;

-       Desaler Karl, Managing Director and representative of the company;

-       Desaler Paul, Managing Director and representative of the company;

-       Pittschieler Doris, Director and representative of the company;

-       Desaler Maria, Director and representative of the company.

(3)       The terms and conditions apply to all users of the portal http://www.mokaforever.com/or consumers and can always be viewed and retrieved in their current version on the portal  (http://www.mokaforever.com/).

"Consumer" is any individual who concludes the legal transaction for purposes that cannot be attributed to their commercial, manual or independent professional activity (Art. 3 of Legislative Decree No. 206 of 06.09.2005, in the future "KSchG" - Consumer Protection Act). These terms and conditions, as well as the provisions of the KSchG (Consumer Protection Act) apply to the consumer.

"Contractor" is any individual or legal person or a legal partnership acting in their commercial or professional capacity when concluding a legal transaction. The present GTCs also apply to the contractors, except those provisions which refer to the consumer on the basis of the KSchG (Consumer Protection Act).

Article 2 - Subject of the contract.

(1)       These General Terms and Conditions cover the purchase of products offered on the portal http://www.mokaforever.com/, by distance selling and by means of telecommunication.

(2)       The presentation of the products on the portal (http://www.mokaforever.com/) does not constitute a legally binding purchase offer, but the products are described on the portal only in terms of their production, the material and the purchase price.

(3)       With regard to factory instructions for safe installation, these must be carried out by a specialist, and the instructions for safekeeping, maintenance and safe use of the products are supplied as an accompanying document with the product and form an integral part of the order confirmation.

Article 3 - Conclusion of a contract, storage of the contract.

(1)       A purchase contract for products offered on this portal can only be concluded from the date on which the user of the portal registers, by providing their personal data and confirming they have accepted the general terms and conditions and the privacy policy of the goods without reservation and in their entirety. This assumption is made by clicking on the button "I have read and accepted the terms and conditions and cancellation policy".

(2)       In the event of the conclusion of the contract with the company, Kaufgut AG, registered in the company register at the Chamber of Commerce of the Autonomous Province of Bolzano, Italy under number 02268940216, VAT. 02268940216, based in 39100 Bolzano (BZ), Antonio Pacinotti Str. No. 6, South Tyrol, Italy, Telephone: 0471/540400, PEC Address: kaufgut@pec.it, E-mail: info@kaufgut.it, Fax: 0471/540445, comes into force:

(3)       The presentation of the products on the portal (http://www.mokaforever.com/) is not a legally binding purchase offer, but is to be qualified as a non-binding invitation to submit an offer.

(4)       The user of the portal goes through the successful completion of the intended order procedure, that is on the final click on the button "orderpending" he is liable to pay for the products contained in the shopping cart.

(5)       The"conclusion of the contract" coincides with the time at which the buyer is aware of the acceptance of his submitted purchase offer by Kaufgut, i.e. on receipt of the order confirmation. In fact, Kaufgut usually accept the purchase offer of the user after receipt of an automatically generated e-mail, the so-called order confirmation.

(6)       Specifically, the transmission of the binding purchase offer of the user is carried out in the following steps:

1.    Selection of the desired product;

2.    Confirmation of the goods by clicking on the button "add to cart";

3.    Checking the goods in the shopping cart;

4.    Checkout

5.    Indication of address (billing and delivery address);

6.    Selection of payment method;

7.    Re-checking or correction of the respective data entered, acceptance of the terms and conditions and privacy policy and finally the binding dispatch of the purchase offer or the order by clicking on the button "Order Paid";

(7)       Before submitting his binding purchase offer, the user can click the "back" button contained in the internet browser used by him and after checking his details, he can return to the website on which his information was collected and rectify any input errors or cancel the order process by closing the internet browser.

(8)       Kaufgut reserves the right to withdraw from the order in exceptional cases (e.g. in the event of non-availability of the goods). In this case, the buyer will be notified.

(9)       The purchase contract and the order data of the user are stored, transmitted in the internet portal itself and on the server and are emailed to the buyer with the order confirmation.

 

Article 4 - Prices and Payment Methods.

(1)       The product prices stated on the platform already include the statutory VAT. In addition there are any shipping costs (see Art.6).

(2)       The purchase price can be paid using the following methods of payment:

a)  Online payment by credit card (VISA, Master Card, Maestro, MasterPass):

The purchase price including shipping costs will be charged at the time of payment. It should be noted that the bank may require the entry of a PIN code or password during the payment process by Visa, MasterCard, Maestro or MasterPass. After the online order or payment, the shipment is released immediately and automatically, the commission clearance takes place after expiration of the period of the right of withdrawal. The goods will be shipped directly afterwards. Payments by credit card guarantee a very fast and secure purchase.

b)  PayPal (credit card, direct debit, bank transfer):

PayPal is an online payment service that allows the buyer to pay safely, easily and quickly. Confirmation of the payment process is immediately transmitted to the seller, which allows the order to be processed quickly. If you select this payment method, the first step is to go to PayPal. If the required data has been entered there, in order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimise with your access data and confirm the payment order - the system automatically returns to the online shop to complete the order.

Article 5 - Delivery terms of goods, due date.

(1)       Kaufgut will deliver the products, that have been legally acquired and paid for, to the buyer by means of trusted freight forwarders or courier services to the delivery address specified by the buyer.

(2)       Delivery is normally within five (5) working days of receipt of payment. In exceptional cases, where this is not possible, delivery to the consumer will in any case be made within thirty (30) working days.

(3)       Kaufgut are not liable for the delay or non-delivery of goods in the event of inaccurate or incorrect address information provided the buyer.

 

Art. 6 - Shipping.

(1)       Orders from Italy: Kaufgut delivers directly to the delivery address of the buyer by courier. Kaufgut charges shipping costs for dispatch to addresses in Italy.

(2)       Orders from EU Member States: Kaufgut currently delivers to the countries listed below by courier.

 

o      The Netherlands

o      Poland

o      Luxembourg

o      Italy

o      Ireland

o      Portugal

o      Romania

o      Slovakia

o      Slovenia

o      Sweden

o      Hungary

o      Croatia

o      The Czech Republic

o      Germany

o      Bulgaria

o      Belgium

o      Denmark

o      Spain

o      Greece

o      United Kingdom

o      France

o      Finland

o      Austria

o      Lithuania

o      Latvia

o      Estonia

 

(3)       Any applicable customs duties or other charges for delivery to non-EU countries are expressly payable by the buyer. Non-EU countries are only supplied by prior arrangement. Please contact Kaufgut in advance.

(4)       The Kaufgut portal is currently available in German, Italian and English. Kaufgut expressly stipulates that it is not liable for any misunderstandings that may arise due to a lack of language skills. In the case of ambiguities and difficulties of interpretation related to a language, the German language is the decisive factor.

(5)       Transport damage: the buyer is obliged to check the goods immediately after receipt for completeness and intactness as well as any defects or discrepancies. If the package, in which the product is delivered is damaged, the buyer is obliged to make a complaint about this fact immediately to the carrier and delivery agent and to notify Kaufgut about the situation.

 

Article 7: Reservation of title.

(1)       Kaufgut reserves ownership of the goods until full payment of the purchase price has been made.

(2)       The risk of accidental loss and accidental deterioration of the goods sold passes to the buyer in accordance with the provisions of the KSchG (Consumer Protection Act) and the Civil Code when handing over the goods.

(3)       On the other hand, if the consumer selected the carrier and this choice was not provided by Kaufgut, the risk of accidental loss and accidental deterioration of the goods sold will pass to the carrier upon handover of the goods.

 

Article 8 - Customer service and complaints.

(1)       Tel. +39 0471-540440 (office hours)

Email: support@mokaforever.com

(2)       Should you receive a defective or damaged product despite all checks of the goods, please contact our customer service (see above for contact details and opening hours).

Article 9 - Warranty and notice of defects in the case of a contract with a consumer.

(1)       In this case, the statutory warranty provisions according to the KSchG (Consumer Protection Act) apply to the consumer. 

a.    Upon receipt of the goods, the consumer must make sure that the delivered goods match his purchase offer or order.

b.    The warranty period is two (2) years from receipt of the goods: the two (2) years commence on the day on which the consumer or a third party named by him who is not the carrier has taken possession of the goods.

c.    Any defects must be reported immediately and at the latest within two (2) months of discovery or from the moment when the defect became apparent to the consumer, otherwise the consumer loses the right to guarantee in accordance with KSchG (Consumer Protection Act).

(2)       For the contractor, the provisions of the Civil Code apply.

Article 10 - Cancellation Policy, Right of Revocation

(1)       The consumer may revoke the contract of sale without penalty and without giving reasons within 14 (fourteen) calendar days of receipt of the goods.

(2)       The cancellation period of 14 (fourteen) calendar days shall commence on the day on which the consumer or a third party designated by him, who is not the carrier, has taken possession of the goods.

(3)       If the consumer wishes to exercise his right of revocation, he must inform Kaufgut SPA, Str. Pacinotti 6, 39100 Bolzano, Tel. +39 0471 540400, Fax +39 0471 540440, E-Mail support@mokaforever.com, of his decision to cancel the purchase contract by a clear statement (e.g. a letter sent by post, fax or e-mail). The consumer may also use the sample revocation form provided for in Article 12, but this is not compulsory.

(4)       To uphold the withdrawal period, you simply need to send notification to exercise your right of revocation before the expiry of the revocation period.

Article 11 - Legal effects of the withdrawal of the consumer.

(1)       In the event of withdrawal by the consumer, Kaufgut must repay all payments received from the consumer, including delivery charges (except for the additional costs arising from the consumer selecting a different type of delivery than the most favourable standard delivery offered by Kaufgut), immediately and at the latest within fourteen (14) days from the day on which the notice of withdrawal of the goods has been received.

(2)       For this repayment, Kaufgut uses the same method of payment as the consumer used in the original transaction, unless otherwise agreed with the consumer; under no circumstances will fees be charged for the repayment.

(3)       The costs for the return of the goods are borne by the consumer himself.

(4)       Kaufgut may refuse to repay until they have received the goods or the consumer has provided proof that they have returned the goods to Kaufgut; this depends on which of the two circumstances occurs earlier. 

Article 12 - Duty of the consumer to exercise his right of withdrawal.

(1)       After exercising the right of withdrawal, the consumer is obliged to return or hand over the goods immediately and in any event no later than fourteen (14) days after notification of the cancellation to Kaufgut.

(2)       The deadline shall be met if the consumer sends back the goods before the period of 14 days has expired.

(3)       The consumer only has to pay for a possible loss of value of the goods, if this loss of value can be attributed to handling of the goods by the consumer, which would not have been necessary for the examination of the condition, the characteristics and functioning of the goods.

(4)       The burden of proof regarding the intended exercising of the right of revocation lies with the consumer.

(5)       A claim for reimbursement of the full purchase price may only be made if the goods are received intact and in perfect condition, possibly in the original packaging and complete with all parts.

(6)       The right of revocation does not exist with the following contracts:

-       Contracts for the delivery of goods which are not prepackaged and for the production of which an individual choice or decision by the consumer is required or which are clearly tailored to the personal needs of the consumer;

-       Contracts for the supply of goods that can spoil quickly or whose use-by date passes quickly;

-       Contracts for the delivery of sealed goods that for reasons of health protection or hygiene are not suitable for return, if their seal has been removed after delivery.

(7)      https://www.mokaforever.com/en/contact-form

Article 13 - Applicable law.

(1)       The present purchase contract is governed exclusively by Italian law.

(2)       Unless otherwise agreed, the statutory provisions of the Italian Civil Code apply.

(3)       In the case of a purchase contract with a consumer, the provisions of the KschG (Consumer Protection Act - Legislative Decree No. 206 of 6 September 2005) also apply. 

Article 14 - Resolution of disputes Place of Jurisdiction.

(1)       In the event of disputes arising from or in connection with this contract, as well as its interpretation and fulfillment, the parties shall endeavour to reach a fair and amicable solution together. If this is not possible after detailed negotiations, each party is free to initiate legal proceedings to clarify and/or uphold their rights.

(2)       In this case the parties should choose the court of Bolzano (BZ), South Tyrol, Italy.

Article 15 - Languages.

(1)       The user of the portal has the option of concluding the purchase contract in German, Italian and English.

Article 17 - Final provision

(1)       The eventual nullity and/or invalidity and/or ineffectiveness of individual contract terms does not affect the validity and/or invalidity of the other contract terms or the purchase contract as a whole, which remains valid and effective. 

(2)       Any void and/or invalid and/or ineffective contractual terms and conditions shall be replaced by those that correspond to the will of the parties or whose interests are most likely to be fulfilled.

***

Discriminatory provisions:

Article 3 - Conclusion of a contract, storage of the contract.

(8)          Kaufgut reserves the right to withdraw from the order in exceptional cases (e.g. in case of non-availability of the goods). In this case, the buyer will be notified.

Article 12 - Duty of the consumer to exercise his right of withdrawal.

(4)       The burden of proof regarding the intended exercising of the right of revocation lies with the consumer.

Article 13 - Applicable law.

(1)          The present purchase contract is governed exclusively by Italian law.

Article 14 - Resolution of disputes Place of Jurisdiction.

(1)       In the event of disputes arising from or in connection with this contract, as well as its interpretation and fulfillment, the parties shall endeavour to reach a fair and amicable solution together. If this is not possible after detailed negotiations, each party is free to initiate legal proceedings to clarify and/or uphold their rights.

In this case the parties should choose the court of Bolzano (BZ), South Tyrol, Italy.

Status of the GTC: 25.06.2019