General terms and conditions
The following Terms and Conditions (Terms) apply to all orders placed via our online shop.
These Terms also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.
2. Contractual partner, formation of contract, options for corrections
The contract is concluded with Gabriele Iazzetta GmbH.
By placing the products in the online shop, we make a binding offer on our part to enter into a contract regarding those items. You may place our products in the shopping basket without obligation and amend your entries at any time prior to submitting your binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in the shopping basket. Once you have sent your order you will immediately receive a confirmation via e-mail.
Orders can also be placed by means of remote communication (telephone / e-mail), whereby the ordering process for the conclusion of the contract comprises the following steps:
- Call the order hotline or customer service / send the order e-mail.
- Order confirmation by e-mail, provided a valid e-mail address is available.
- The contract is concluded when the invoice is sent.
Oral promises, side agreements and the like that deviate from these terms and conditions or other of our written declarations of intent, especially those made by call center employees etc., are not binding on us.
3. Contract language, saving of the contract text
The language(s) available for concluding the contract: German, English
We save the text of the contract and forward the order data and our Terms and Conditions to you on a durable medium. You may also view the text of the contract in our customer login area.
4. Delivery conditions
Delivery costs are added to the product prices as displayed. Delivery charges are explained within individual product offers.
You are entitled to collect your order from Gabriele Iazzetta GmbH, Rankgasse 4/1, 1160 Wien, Austria during weekdays the following hours of business: 09:00-17:00 Uhr
Unless otherwise agreed, invoices are due immediately upon receipt of the invoice free of deductions and charges (except for Klarna payments). In the event of a delay in payment, the consumer is obliged to reimburse all reminder and collection costs incurred for appropriate legal prosecution.
The following payment methods are basically available in our online shop.
If you select advance payment we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds.
With the submission of the order, you provide your credit card details. After your identification as the legal cardholder, the payment transaction is automatically carried out and charged to your card.
Credit card via Klarna PayNow
With the submission of the order, you are sending us your credit card details at the same time. After your identification as the legal cardholder, after you have received the goods, the payment transaction will be automatically carried and your card will be charged.
Direct debiting via Klarna PayNow
Purchase on account via Klarna
In cooperation with Klarna AB (www.klarna.com), Sveavägen 46, Stockholm, Sweden, we offer you purchase on account as a payment option. Please note that Klarna invoice is only available to consumers and that payment must be made to Klarna. When buying on account with Klarna you always receive the goods first and you always have a period of 14 days for payment. The complete terms and conditions for the purchase on account can be found here.
Financing via Klarna
IIn cooperation with Klarna AB (www.klarna.com), Sveavägen 46, Stockholm, Sweden, we offer you a Klarna Credit option of paying for your purchase. Please be informed that the Klarna Credit option is available only to consumers and that the payment must be made to Klarna. With Klarna's financing service you can pay for your purchases flexibly in monthly instalments of at least 1/24 of the total amount due (however, not less than EUR 6.95). For more information on Klarna Credit option, as well as General Business Terms and the Standard European Consumer Credit Information form.
PayPal, PayPal Express
During the ordering process you will be forwarded to PayPal's website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction. Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.
During the ordering process you will be forwarded to the online provider Amazon's website before completing the ordering process in our online shop. In order to process the ordering process via Amazon and pay the invoice amount, you must be registered there or register first and identify yourself with your access data. There, you may confirm the delivery address and payment method stored with Amazon and confirm the use of your data by Amazon and the payment instructions to us. After this, you will be returned to our online shop, where you may complete the ordering process. Directly after the order, we request Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. You will receive additional information during the ordering process.
6. Right to cancel
Consumers are entitled to the statutory right to cancel, as described in the instructions on the right to cancel. Businesses are not granted any voluntary right to cancel.
7. Retention of title
The goods shall remain our property until full payment is made.
For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.
8. Damage during delivery
For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.
Applicable to businesses: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment. "Kaufleute" as defined by the German Commercial Code (HGB) are subject to the inspection and notification requirements set out in § 377 HGB: The purchaser must examine the goods immediately after their delivery by the vendor, as far as this is practicable in the ordinary course of business, and upon the discovery of any defect must immediately give notice thereof to the vendor. Should you fail to comply with the instructions set out therein; the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been concealed by us deceitfully.
9. Warranty and guarantees
We are under a legal duty to supply products that are in conformity with this contract.
For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply. Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable. Complaints can be submitted by consumers and businesses to our contact details given in the supplier identification.
When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address given above. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission.
Customer service: You can reach our customer service for questions and complaints on weekdays from 9:00am to 5:00pm on telephone number +43 1 9232168 or by e-mail at email@example.com.
We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
- for injury to life, limb or health
- for deliberate or grossly negligent breach of duty
- for guarantee commitments, where agreed
- towards consumer.
Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.
11. Online dispute resolution
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/.
12. Final provisions
The place of jurisdiction and place of performance of the contract is the company's registered office. Austrian substantive law to the exclusion of the UN sales law is applicable to this contract. If the contractual partner is a consumer, the mandatory provisions of the law of the country in which he has his habitual residence are to be applied to this contract. The competent court at the headquarters of our company has exclusive jurisdiction for disputes.
If you are a merchant within the meaning of the German 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 is our place of business.
If individual provisions of the contract or these provisions should be ineffective, the validity of the remaining provisions will not be affected. For entrepreneurs, the ineffective provision is replaced by a valid one that comes as close as possible to the intended goal.