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Terms & Conditions

Terms of Tartufino GmbH, last updated 05.18.2015
1. Applicability
1.1 These terms and conditions apply to the sale and delivery through the online shop of the Tartufino GmbH.
1.2 Unless expressly agreed otherwise, the terms and conditions at the time of the purchase order apply.
1.3 With the approval of the contractual partner, the terms and conditions become part of the contract.

2. Offer
2.1 Our offers in the online shop are to be considered as non-binding until successful conclusion of the contract.
2.2 Offers addressed to us are binding for the offeror within 14 days from receipt of the offer.
2.3 Unless otherwise agreed, offers addressed to us are binding and free for the offeror.

3. Contract
3.1 The contract language is German
3.2 The customers order only constitutes an offer. At this point, no sales contract has been formed yet.
3.3 The receipt is an automated e-mail and does not constitute an acceptance of the offer.
3.4 The actual purchase contract is concluded with the written confirmation and simultaneous payment notification.
3.5 The purchase contract can already occur at an earlier point when a "prepayment" is selected as payment. Here the contract is concluded with the receipt of the purchase price on our bank account, or by confirming the payment of our partner companies.

4. Prices
4.1 All prices quoted by us, unless otherwise expressly indicated, include all taxes and additional costs.
4.2 The cost of delivery is included in our prices and may vary depending on delivery place. (Link to the delivery prices)

5. Privacy
5.1 Data that are necessary for the business transaction will be stored in compliance with the German Data Protection Act and remain confidential. The Tartufino Company points out that all specified data required for order processing, are processed and stored to ensure a smooth ordering process. 5.2 In order to use the services of online shops without restriction, including the order process and the opening of a user account, the following data, which is specified by the customer, is saved until further notice from us. Name (title, first and last name), address (street, number, zip code), contact information (phone, email), date of birth
5.3 The purpose of this data storage is the settlement of ordering processes and the optimal use of our online shop for future visits.
5.4 Your data will be stored by us and it will not be passed on to third parties.
5.5 Only for the ordering process data (bank details) will be transferred to our partner companies, for the purpose of debiting the purchase price. Also note the terms and conditions if possible.
5.6 Orders are sent through the Austrian Post AG. Your name and address are therefore marked on each package.
5.7 Only the customer himself is liable for the accuracy of the information.

6. Use of Cookies
6.1 We point out that for the purpose of an easier shopping process and for subsequent contract fulfillment by the Web shop operator the IP data of the user is stored in the form of cookies as well as the name, address and credit card number of the buyer. A transfer of data to third parties does not take place, except for the transfer of bank details to our partner companies for the purpose of
debiting the purchase price.
6.2 Upon completion of the virtual shopping process or upon cancelling the purchase, the data stored in the cookie data is stored until the expiration of the warranty period.
6.3 The data processing is based on the statutory provision of §96 para. 3 of the Act and of §8 para. 3 Z 4 DSG

7. Newsletter
7.1 Each customer can freely decide on his own whether he wishes to receive a newsletter.
7.2 As part of the newsletter product announcements and special offers, as well as product-related news and event invitations will be sent.
7.3 We reserve the right to either send the newsletter to all customers that through confirmation wish to receive the newsletter or to certain customer groups (Age related, site-specific, ...).
7.4 We can freely decide on the delivery method of the newsletter (by mail or email) if the customer confirmed the receipt of the same either through a notification or confirmation of the check block in the order process.

8. Payment
8.1 The contractor is committed to complete the payment of the purchase price after the contract was made. The maturity date may shift depending on the payment method:
8.1.1 In advance, the amount will be charged immediately with the order.
8.1.2 For payment of the fee through bank transfer, the transfer order must be given sufficient time to enable the customer to pay the amount owed until the end of the period.

9. Default interest
9.1 Even upon undeserved late payment of the contractual partner we are entitled to charge a default interest at the statutory rate of 4% per annum; claims for the compensation for proven higher interest rates due to a violation in form of late payments are not affected.

10. Transport, Risk, Place of Performance
10.1 The cost of delivery is included in our prices and may vary depending on delivery place. (Link for delivery rates)
10.2 The delivery of the goods takes place, unless otherwise agreed, exclusively through a shipping
service selected by us and to the postal address indicated by the customer.
10.3 The delivery of the goods shall happen ex warehouse to the delivery address given by the customer unless otherwise agreed upon.
10.4 If the contractual partner is in default of acceptance, we are entitled to store the goods at our warehouse for which we charge a storage fee of EUR 2, - per commenced calendar day and simultaneously we insist on fulfillment of the contract. After setting a reasonable grace period we are entitled to cancel the contract and use the goods for other purposes. An already proven purchase price will be transferred back minus the costs incurred by us (warehousing, shipping, return, bank charges).
10.5 Specific actions can change the price of delivery and are separately disclosed in the online shop.

11. Retention of title
11.1 The goods remain our property until full payment of the purchase price.
11.2 In the event of default, we are entitled to enforce our rights under the retention of title. It is agreed that in the event of retention of title it does not constitute withdrawal from the contract, unless we declare our withdrawal from the contract explicitly.

12. Subject matter of the contract
12.1 Subject of the contract is the goods ordered by the customer and mentioned in the order confirmation.
12.2 The graphic illustrations in the online shop of Tartufino are presented with the greatest care and as realistic as possible, but they only serve as a product example.
12.3 Should it not be possible to deliver Tartufino Articles listed in the order, the customer will (through use of transmitted data of the customer by email or phone) be given the opportunity to select another item. If the customer is not reachable or selects no other product, the order is confirmed within the scope of the deliverable products specified in the order. Products which cannot be delivered, will not be subject of such contracts.

13. Warranty
13.1 For a consumer under the Consumer Protection Act the rules of statutory warranty apply.
13.2 Complaints due to statutory warranty claims or other complaints can be made through contacting our customer service or through the contact form.

14. Right of Withdrawal
14.1 customers who are consumers in their respective countries of residence within the meaning of the Austrian Consumer Protection Act or similar legislation, may, within a period of 14 calendar days from receipt of delivery of ordered goods, resign from a distance selling contract (or a declaration made within the scope of the Distance Selling Act). It is sufficient if the declaration of withdrawal is sent within the time limit without stating reasons. Saturdays, Sundays and holidays count into the calculation of the time limit. But the time limit will be 7 working days (excluding Saturdays, Sundays and holidays) in any case.
14.2 In order to exercise your right, you have to contact our customer service via our contact form. Our staff will send you the necessary steps in order to exercise your right via e-mail.
14.3 For goods that are produced according to customer specifications or that are clearly tailored to personal needs, there is no right of withdrawal / no revocation right.
14.4 For goods that can spoil quickly or whose expiration date has passed quickly, there is no right of withdrawal / no revocation right.
14.5 For goods that are delivered sealed and are not suitable for return for reasons of health or hygienic reasons, the right of withdrawal / revocation expires if the goods have been unsealed after delivery.
14.6 For goods that due to their nature have been inseparably mixed with other goods after their delivery, the right of withdrawal / revocation expires.
14.7 The cost of return will be borne by the customer. If the goods are sent back not free, we are entitled to withhold or to charge a corresponding amount.
14.8 For items that are damaged through wear and tear, provided they are not caused by normal use as prescribed, an appropriate charge for impairment is collected by us. The same applies if upon return of goods accessories or parts are missing. 14.9 If the goods delivered are food items the unsealing of the products will cause the right of withdrawal to expire.

15. Damages
15.1 Claims for damages due to slight negligence are excluded. This does not apply to personal injury.

16. Formal requirements
16.1 All agreements, subsequent changes, additions, special agreements, etc. we made with the customer are only valid if made in writing, thus the original signature or secure electronic signature is required.
16.2 Declarations, notices etc. addressed to us - except notices of defects - shall not be legally effective unless in writing, thus the original signature or the secure electronic signature are required.

17. Choice of Law
17.1 The applicability of the CISG is excluded.