1. General Terms and Conditions of Business
These General Terms and Conditions of Business shall apply to business relationships of any kind between Ribalto and the customer. Customers may be businesses or consumers. The product display in the online store does not constitute a legally binding offer; instead it is merely a non-binding online catalogue of the range of products available. By clicking ‘Buy’, the customer makes a legally binding commitment to purchase the goods in the shopping basket.
The customer shall receive an order confirmation immediately after the order has been submitted. The sales contract shall only enter into effect upon receipt of our separate order confirmation. The contract is stored, and the order information and General Terms and Conditions are sent to the customer via email. Customers can view all their previous orders by logging into the customer service pages of the website. Ribalto reserves the right to refuse to perform the service promised if it becomes apparent after concluding the Contract that the goods are not available although a corresponding contractual transaction has been concluded.
In such a case, the customer shall be notified immediately. Any considerations which have already been provided shall be reimbursed without delay. Further claims against Ribalto are excluded.
If the customer is a business, delivery shall generally take place at the customer’s risk. This also applies for partial deliveries. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall only pass to the customer upon handover of the item, even in case of sales involving the carriage of goods. Handover shall be deemed to have taken place even if the buyer delays in accepting the goods. Delivery shall be to the delivery address specified by the customer. All prices are cash prices and include VAT plus any applicable charges for packaging and carriage. The goods must be thoroughly inspected by the customer or an authorised individual upon receipt in order to detect any transportation damage if the customer is a business. Customers who are businesses must ensure that any transportation and packaging damage detected is confirmed in writing by the carrier upon delivery and reported. We also ask, without legal obligation, that customers who are consumers notify us of any clearly identifiable transportation damage.
3. Statutory right of withdrawal
If the customer is a consumer, he/she shall be entitled to withdraw from this Contract within 14 days without giving any reason for doing so. The deadline for withdrawal shall be 14 days from the date on which the customer takes possession of the final goods delivered. In order to exercise the statutory right of withdrawal, the customer must notify us (Ribalto, Herforder Str. - 33069 Bielefeld (Germany) Email: [email protected]) of his/her decision to withdraw from this contract in a clear declaration by sending a letter by email. The withdrawal deadline shall be deemed to be met if the customer sends the communication concerning the exercise of the right of withdrawal before the expiry of the deadline.
Consequences of withdrawal
If the customer withdraws from this contract, Ribalto must reimburse any payments received from the customer, including delivery costs (excluding any additional costs incurred if the customer has selected a different type of delivery to the cheapest standard delivery option offered by Ribalto) without delay, but no later than 14 days after the day on which Ribalto receives the notice of the customer’s withdrawal from this contract.
Ribalto will use the same payment method the customer used for the original transaction in order to provide the reimbursement, unless otherwise expressly agreed; under no circumstances will the customer be charged a fee for this refund. We may withhold the reimbursement until we have received the returned goods or until the customer has provided proof that he/she has returned the goods, whichever is earlier. The customer must return or hand over the goods to
Ribalto without delay and no later than 14 days from the date on which he/she notifies us of withdrawal from this contract. The deadline is deemed to be met if the customer sends the goods before the expiry of the fourteen-day deadline. We shall bear the costs of returning the goods. The customer shall only be liable for any diminished value of the goods if this loss in value is attributable to any use or handling of the goods which is not deemed necessary in order to verify the condition, features and functioning of the goods.
Exclusions from the statutory right of withdrawal The statutory right of withdrawal shall not apply in the following cases: · Delivery of goods which are not prefabricated and have been manufactured on the basis of a personal choice or according to customer specifications, or of goods which have clearly been tailored to the customer’s personal requirements. · Delivery of sealed goods which are not suitable to be returned for reasons relating to health protection or hygiene if their seal has been removed after delivery. · Delivery of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery.
4. Warranty and compensation
Defects or any other damage caused by negligent or improper treatment of the goods, improper installation, the use of unsuitable accessories or changes made to the original parts by the customer are not covered by the warranty. Signs of wear and tear from normal use are also excluded from the warranty. If the customer accepts the goods or the object of the order despite being aware of a defect, he/she shall only be entitled to assert warranty claims to the extent described below if he/she has expressly reserved the right hereto in writing to Ribalto immediately after receiving the goods.
Warranty claims on the grounds of transportation damage may only be asserted by the customer if the obligation to inspect and report in accordance with paragraph 2. Delivery has been fulfilled. This does not apply if the customer is a consumer. The warranty period for new items shall be 24 months. The period shall commence upon transfer of risk. Conversely, the warranty period for used items shall be 12 months.
Warranty formalities shall otherwise be carried out in congruence with the legal regulations. Ribalto shall be liable for damage arising from causes other than the detriment to life, body and health only to the extent that such damage arises from wilful misconduct, gross negligence or the culpable violation of a fundamental contractual obligation on the part of Ribalto or a vicarious agent (e.g. the delivery service) of Ribalto. In the event of a negligent breach of a material contractual obligation, the liability of Ribalto shall be limited to foreseeable damage.
5. Due date and payment terms
Unless otherwise agreed in writing, invoices from Ribalto must be paid in full without delay. Orders paid in advance will be shipped upon receipt of payment. For payments by credit card, the actual sum shall be debited when the invoice is issued and the goods are shipped. The total amount shall be reserved on the customer’s credit card as soon as the online order is submitted. Foreign currency payments shall be credited according to our bank statement. The bank fees must be borne by the customer.
6. Place of fulfilment and place of jurisdiction
The Italian law of shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Should the purchaser also be the consumer, this only applies to the extent that they do not lose the protection of binding legal provisions of their state of usual residence.