Terms and conditions for online sales
Terms and Conditions (as of 09/2022)
the
MAIR MAIR GmbH
Old Town 1
39049 Sterzing (BZ)
South Tyrol – Italy
– hereinafter referred to as the provider –
1 Scope
(1) The services provided by the vendors for the online shop at www.mair-mair.com and www.mair-mair.it are carried out exclusively on the basis of the following General Terms and Conditions in the version valid at the time of the order.
(2) Our General Terms and Conditions apply exclusively. Terms and conditions of the customer which deviate from our General Terms and Conditions shall not apply unless we expressly agree to them.
2 Formation of contract
Our online offers represent a non-binding invitation to the customer to order goods or services. By submitting the order (clicking the „Order with obligation to pay“ button) on our website, the customer makes a binding offer to conclude a contract.
(2) Confirmation of receipt of the order follows immediately after the order has been sent and does not yet constitute acceptance of the contract. We may accept your order by sending an order confirmation by e-mail within 5 working days.
(3) When submitting an offer via the provider's online order form, the contract text is saved by the provider and sent to the customer in text form (e.g. email, fax or letter) along with these Terms and Conditions after the customer has sent their order. In addition, the contract text is archived on the provider's website and can be accessed free of charge by the customer via their password-protected customer account by entering the relevant login details, provided that the customer has created a customer account in the provider's online shop before sending their order.
(4) Before finally submitting the order via the provider's online order form, the customer can continuously correct their entries using the usual keyboard and mouse functions. In addition, all entries will be displayed once again in a confirmation window before the final submission of the order and can also be corrected there using the usual keyboard and mouse functions.
(5) The customer must be at least 18 years of age to be able to order goods from the supplier. The suppliers do not enter into contracts with minors. The customer must state their age truthfully as part of the ordering process. Furthermore, upon delivery of the goods, the customer's age is checked by the courier. The goods are handed over exclusively to the customer.
(6) Only the German and Italian languages are available for the conclusion of the contract.
3 Payment, default
(1) The prices listed on our website at the time of the order shall apply. All prices include statutory VAT and are subject to the shipping costs listed in each case.
(2) Payment of the purchase price is possible by advance payment, credit card and PayPal. In this respect, the following special conditions apply:
a) Advance payment by bank transfer: Payment must be made to the account held by MAIR MAIR GMBH, Südtiroler Volksbank, Sterzing branch, IBAN: IT08O0585659110001570065002, BIC code: BPAAIT2B001, and must include the order number without fail. If the order number is not provided, we cannot guarantee that the order will be correctly allocated. The goods will only be dispatched once payment of the full amount has been received.
b) Online payment by credit card: Payment can be made using the following credit cards: Visa, MasterCard. The amount due will be debited upon completion of the order, at which point the buyer will be redirected to the payment portal. Please note that, during the payment process using Visa or MasterCard, the payment provider may require you to enter a PIN or password as part of the 3D Secure anti-fraud system. If the customer does not know the PIN code or password, they must contact their bank or credit card issuer.
c) Payment via PayPal is made once the order has been completed; the buyer is then redirected to the PayPal payment portal.
(3) If you choose the payment method „PayPal“, the payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
(4) If the customer defaults on payment, we are entitled to demand default interest at a rate of five percentage points above the base rate of the European Central Bank. In the event that we assert further damages for delay, the customer shall have the opportunity to prove that the asserted damages for delay were not incurred at all or were incurred in a substantially lower amount.
4 Retention of title
(1) Vis-à-vis consumers, the seller reserves ownership of the delivered goods until full payment of the purchase price owed.
(2) Vis-à-vis business customers, the seller reserves ownership of the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
(3) If the customer acts as a business, they are authorised to resell the goods subject to retention of title in the ordinary course of business. The customer assigns all claims against third parties arising herefrom to the seller in advance to the amount of the respective invoice value (including VAT). This assignment applies regardless of whether the goods subject to retention of title have been resold without or after processing. The customer remains authorised to collect the claims even after the assignment. The seller's authority to collect the claims themselves remains unaffected thereby. However, the seller shall not collect the claims as long as the customer meets their payment obligations towards the seller, is not in default of payment, and no application for the opening of insolvency proceedings has been filed.
5 Delivery
(1) Delivery shall generally take place within 2 to 10 working days after receipt of payment from the customer. Any deviating delivery times will be indicated on the respective product page. The commencement of the delivery time stated by us is subject to the timely and proper fulfilment of the customer's obligations, in particular the correct specification of the delivery address as part of the order. Upon delivery of the goods, the age of the customer will be verified by the supplier. The goods shall be handed over exclusively to the customer.
(2) For goods delivered by freight forwarder, delivery is made „kerbside“, meaning to the public kerb closest to the delivery address, unless otherwise stated in the seller's product description or otherwise agreed.
(3) As an exception, we are not obliged to deliver the ordered goods if we have duly ordered the ordered goods from our side (congruent hedging transaction), but have not been supplied. Short-term delivery disruptions are not covered by this. The prerequisite is that we are not responsible for the lack of availability of the ordered goods, have not assumed a procurement risk for the ordered goods, and that we ourselves have not been supplied by our supplier contrary to our expectation. A further prerequisite is that we inform you immediately of the non-availability of the ordered goods and declare our withdrawal from the contract for this reason. In this case, your consideration will be refunded to you without delay. Our liability for our own fault remains unaffected by this clause.
(4) The goods offered on our website are restricted to the goods available in our warehouse (limited generic obligation). We are only obliged to deliver goods from our stock of goods and do not assume any procurement risk beyond this. This is contingent upon us not being responsible for the lack of availability of the ordered goods.
(5) Vintages: Should a vintage-dated product, particularly wine, be out of stock or unavailable, for standard bottles (0.75 L and 0.7 L) and smaller (e.g. 0.375 L and 0.5 L) with a retail price of up to €50 including statutory VAT per item, we will send the current subsequent vintage; otherwise, you will be informed about the availability of a different vintage. For large formats, i.e., wines over 0.7 L and 0.75 L, up to a retail price of €150 including statutory VAT per item, we will supply the current subsequent vintage; otherwise, you will be informed about the availability of a different vintage.
For standard bottles and large formats, a further condition above the aforementioned price is that we must inform you immediately if the ordered goods are unavailable and, for this reason, be able to withdraw from the contract. In this case, your payment will be refunded to you without delay. Our liability for our own fault remains unaffected by this clause.
(6) In dealings with entrepreneurs, the risk of deterioration or loss of the goods passes to the purchaser upon handover of the delivery item to the transport company. If the handover or dispatch is delayed for reasons for which the purchaser is responsible, the risk passes to the purchaser on the day on which notice of readiness for dispatch of the delivery item is given.
(7) In the case of collection in person, the seller shall first inform the customer by email that the goods ordered by them are ready for collection. Upon receipt of this email, the customer may collect the goods from the seller's premises by arrangement with the seller. In this case, no shipping costs shall be charged.
6 Default of acceptance
(1) If the customer defaults on acceptance or culpably breaches other duties to cooperate, we shall be entitled to demand compensation for the damage incurred by us as a result, including any additional expenses. Further-reaching claims remain reserved. This shall not apply if the customer effectively exercises their right of withdrawal, if they are not responsible for the circumstance that led to the impossibility of delivery, or if they were temporarily prevented from accepting the offered service, unless the provider had announced the service to them a reasonable time in advance.
(2) Interest shall be payable on the purchase price during the period of default. The rate of interest on arrears shall be five percentage points above the base rate per annum. In the case of legal transactions between businesses, the interest rate shall be eight percentage points above the base rate.
(3) The customer, for their part, reserves the right to prove that no damage, or significantly less damage, has occurred in the amount claimed. The risk of accidental loss or accidental deterioration of the purchased item passes to the buyer at the point in time when the buyer defaults on acceptance or payment.
7 Warranty
If the goods are defective, the statutory provisions on liability for defects shall apply. Notwithstanding this:
(1) For businesses
– an immaterial defect generally does not give rise to any claims for defects;
– the seller has the choice of the type of subsequent performance;
– the limitation period for defects in new goods is one year from the transfer of risk;
– the rights and claims regarding defects in used goods are fundamentally excluded;
– the limitation period does not begin to run anew if a replacement is delivered under liability for defects.
(2) For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods to the customer, subject to the restriction in the following section.
(3) The limitations of liability and reductions in limitation periods stipulated above do not apply
– for items that have not been used in accordance with their usual intended use for a building and have caused its defectiveness,
– for damages arising from injury to life, body or health based on an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller,
– for other damage based on an intentional or grossly negligent breach of duty by the seller or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user, as well as
– in the event that the seller fraudulently concealed the defect.
(4) Furthermore, for entrepreneurs, the statutory limitation periods for the right of recourse pursuant to Section 478 of the German Civil Code (BGB) shall remain unaffected.
(5) If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they shall be subject to the commercial duty to inspect goods and give notice of defects pursuant to Section 377 HGB. If the customer fails to comply with the notification duties specified therein, the goods shall be deemed to have been approved.
(6) If the customer acts as a consumer, they are requested to complain to the delivery driver about delivered goods with obvious transport damage and to inform the seller thereof. If the customer fails to comply with this, this will have no effect whatsoever on their statutory or contractual claims for defects.
8 Liability
The provider shall be liable to the customer for damages and reimbursement of expenses arising from all contractual, quasi-contractual and statutory claims, including tortious claims, as follows:
(1) The Seller shall be liable without limitation on any legal grounds
in cases of intent or gross negligence,
in the event of intentional or negligent injury to life, body or health,
on the basis of a guarantee, unless otherwise provided in this regard,
due to mandatory liability such as under the Product Liability Act.
(2) If the seller negligently breaches an essential contractual obligation, liability is limited to the typical, foreseeable damage provided for under the contract, unless liability is unlimited in accordance with the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and on the compliance with which the customer may regularly rely.
(3) Furthermore, any liability on the part of the seller is excluded.
(4) The above limitation of liability also applies with regard to the seller's liability for vicarious agents and legal representatives.
9 Data protection
We treat your personal data confidentially and in accordance with statutory data protection regulations. Your data will not be passed on without your explicit consent, or will only be passed on as part of the necessary processing of the contract, for example to companies entrusted with the delivery of the goods. For more details, please refer to our privacy policy.
10 Final provisions
Regardless of where the purchaser has their place of business, the law of the Republic of Italy shall apply, excluding the UN Convention on Contracts for the International Sale of Goods, provided that this choice of law does not have the result of depriving a consumer of mandatory consumer protection norms.
(2) If the contracting parties are merchants, the court at the respective provider's place of business shall have jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer does not have a place of residence within the European Union.
(3) Insofar as a provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected thereby.
11 Information regarding online dispute resolution
The European Commission provides a platform for online dispute resolution on the internet at the following link: http://ec.europa.eu/consumers/odr.
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.