Terms of service

2. ORDERING PROCESS AND CONCLUSION OF THE CONTRACT
2.1 The presentation of goods in our online store does not constitute a legally binding offer, but an invitation to place an order (invitatio ad offerendum).

2.2 By clicking the "Order with obligation to pay" button in the last step of the ordering process, you make a binding offer to purchase the goods displayed in the order overview. After submitting your order, you will receive an order confirmation, which, however, does not constitute an acceptance of your contractual offer. A contract between you and us is concluded when we accept your order by separate e-mail or ship the goods. Check the SPAM folder of your e-mail inbox regularly.

2.3 You can select the goods to be purchased in our online store by putting them in a shopping cart by clicking on the corresponding button. If you want to complete the order, go to the shopping cart where you will be guided through the rest of the ordering process. After selecting the items in the shopping cart and entering all the necessary order and address data in the next step, confirming the "Continue" button will open a section where you will again summarize the essential details of the items, including any costs incurred. Up to this point it is possible to correct items or cancel the ordering process. Only by subsequently confirming the "Order subject to payment" button is a binding offer made in accordance with section

2.4 Contractual provisions with details of the goods ordered, including these terms and conditions and cancellation policy, will be sent to you by e-mail upon acceptance of the contractual offer or upon notification of the offer.

3. PRICES, SHIPPING, PAYMENT
3.1 All sales prices of the products displayed and presented on the site are expressed in euros and constitute an offer to the public pursuant to Article 1336 of the Civil Code.

3.2 The sale prices indicated in 3.1 are inclusive of the VAT in force at the time of the order and inclusive of any other tax provided by law, but excluding shipping costs. (Shipping is done through the usual shipping service providers, e.g. SDA, DHL, UPS, Post).

3.3 Shipping charges are quoted separately by us. Currently, the standard shipping cost for deliveries to Italy is 3.90 euro.

3.4 Buyer acknowledges that by confirming his sales order he is obligated to pay the final price as soon as the order is confirmed.

3.5 The Seller reserves the right to change prices without notice.

3.6 If a clearly and obviously incorrect price other than the normal selling price is quoted, the order may be cancelled by either Seller or Buyer.

3.7 The amount due may also be paid by means of vouchers or gift certificates.

4. DELIVERY
4.1 You will receive the goods, if available, usually within 2-4 business days after order confirmation and receipt of payment. These are approximate delivery times, which also depend on the shipping company in charge and may vary further, particularly during the summer vacation season and in the period leading up to Christmas. Please contact us (see imprint) if you have special time requirements and we will try to meet them.

4.2 We currently deliver to the countries listed above. Deliveries to other countries require a separate agreement. Please contact us about this (see imprint). In this case, additional costs may arise (e.g., customs duties and other taxes).

5. RIGHT OF RETURN
5.1 The buyer has a period of 14 days to withdraw from the purchase contract. The period begins on the day the buyer received the goods. The withdrawal can be communicated via the contact form or via the e-mail address info@gardena.net

5.2 If the right of withdrawal is exercised, the buyer will be reimbursed for the costs incurred within 14 days of notification. The refund will be made by the same means of payment used in the original transaction. The buyer must return the goods to the sender's original address without delay and in any case no later than 14 days after revocation.

5.3 In particular, you do not have this right of withdrawal if we have customized the goods for you.

5.4 14-day money-back guarantee
For purchases from the Gardena.net product range, in addition to your statutory right of withdrawal, we grant you a voluntary 14-day money-back guarantee. The 14-day money-back guarantee begins upon receipt of the goods. This additional right allows you to withdraw from the contract even after the 14-day withdrawal period has expired.

If you wish to avail yourself of this guarantee, exercise this right by notifying Gardena.Net S.n.c. in writing within 14 days of receipt of the goods that you wish to avail yourself of the 14-day money-back guarantee. After receiving the goods, we will refund the purchase price within 14 days. For this refund, we will use the same means of payment you used in the original transaction, unless expressly agreed otherwise with you. You are responsible for the cost of the return. Non-free deliveries will not be accepted by Gardena.Net S.n.c.

If you assert this guarantee, any free gift given must be returned with the goods. If this is not done, the customer must pay the value of the free gift. We have the right to deduct the value of the free gift from the purchase price and refund the customer only the remaining amount. Excluded are items expressly designated as gifts, which can also be kept in case of a claim under the 14-day money-back guarantee.

The 14-day money-back guarantee granted by contract does not affect your legal rights and claims. In particular, your legal right to cancel and your legal warranty rights remain unlimited.

6 Limitation of Liability
6.1 The Seller shall not be liable for non-delivery due to force majeure if an order cannot be fulfilled within the contract period.

6.2 Except in cases of willful misconduct or gross negligence, the Seller shall not be liable to the Buyer for functional errors or failures in connection with the use of the Internet that are beyond the Seller's control.

6.3 In addition, Seller shall not be liable for any damages, losses, or costs incurred by Buyer as a result of Buyer's failure to perform the contract for reasons beyond Seller's control; Buyer shall only be entitled to a refund of the full purchase price and any additional costs paid.

6.4 The Seller shall not be liable for the fraudulent and illegal use of credit cards, checks and other means of payment by third parties in the course of the payment process for the goods ordered, if the Seller can prove that all reasonable precautions and reasonable care have been taken.

6.5 To the extent that the goods purchased and delivered to our online store are defective, the legal warranty shall apply. Any irregularities, changes in wood color, discoloration and other special features that are due to the natural properties of wood are not considered defects. Product illustrations do not always exactly match the delivered goods.

6.6 We are only liable for intent and gross negligence. This limitation of liability does not apply in case of injury to life, body or health. Liability under mandatory product liability laws remains unaffected. Liability is in any case excluded in case of impediments due to force majeure.

7. DATA PROTECTION AND PROCESSING
7.1 The Buyer's personal data will be stored and processed to the extent necessary for the use of the Service, the management of the customer relationship and the invoicing of the amounts due by the Buyer.

7.2 The Buyer confirms that he/she has taken note of the information pursuant on the protection of personal data and gives his/her consent to the aforementioned processing and communication of data. 

7.3 The data collected by the Seller may be used to send advertising and other communications, including by e-mail. In addition, these data may be transmitted to third parties for the processing of statistics or for sending advertising material.

7.4 We point out that the website accessed by the buyer uses a retargeting system. This involves the use of so-called cookies (small text files that are stored on your computer by your web browser) to collect anonymized user profiles and thus enable the use of targeted advertising on our partners' websites or through ads on their pages. No person can be identified through the cookie, but only information is stored that allows us to use anonymized information for the targeted compilation of interest-based marketing campaigns. By using our offers, the buyer explicitly consents to the processing of the collected data in the manner described here and for the aforementioned purpose. Declaration of Consent I consent to the use of so-called cookies and thus to the collection, storage and use of my usage data. Furthermore, I agree that my data can be stored in cookies beyond the end of the browser session and, for example, can be retrieved the next time I visit the website.

8. CHOICE OF LAW AND DISPUTE RESOLUTION
8.1 These T&Cs (and the corresponding contracts) are governed by Italian law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG). If you are acting as a consumer, this choice of law does not deprive you of the protection afforded by the provisions that cannot be derogated from by the law of the country in which you have your habitual residence.

8.2 The exclusive place of jurisdiction for all disputes arising out of or in connection with these GTC (and the corresponding contracts) is Bolzano (Italy), if you are not considered a consumer.


8.3 The European Commission provides an online dispute resolution (OS) platform, which can be found here [https://ec.europa.eu/consumers/odr/]. Consumers have the option of using this platform to resolve their disputes. To resolve disputes arising from a contractual relationship with a consumer or if such a contractual relationship exists at all, we are obliged to participate in dispute resolution proceedings before a consumer arbitration board.
In dealings with end consumers, the law of the place of residence of the end consumer is also applicable to the extent that it is mandatory under consumer law.

9. Warranty Conditions

9.1 The warranty is granted only to consumers, not to businesses, where consumer means any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either his or her business or independent professional activity.

9.2 The period for calculating the 24-month warranty period begins with the date of the invoice. Our warranty is valid worldwide. If defects occur in our products during this period, we, as guarantor, will grant you one of the following benefits at our discretion within the scope of the warranty:
-free repair of the goods or
-free exchange of the goods for an equivalent item (if necessary also a later model if the original goods are no longer available).

9.3 In case of warranty claim, please contact us as guarantor:
Gardena.Net S.n.c.
Mr. Demetz Markus
Str. Chemun 13
I – 39047 S. Cristina (BZ)
Tel: +39 0471 790 007
Fax:+39 0471 790 006
E-Mail: info@gardena.net

9.4 Warranty claims are excluded in the event of damage to the goods which has occurred due to:
- misuse or mishandling of the goods, in particular breakage and resulting damage to glass
- environmental influences (moisture, extreme cold or heat, power surges, dust, etc.), especially damage caused by moisture and water
- failure to observe any safety precautions
- disregard of operating instructions
- Use of force (e.g., impact, bump, fall)
- unauthorized repair attempts

9.5 Changes in the color and wood of the goods (patina, color, structural changes) as well as leather straps are excluded from the warranty.

9.6 A warranty claim requires that you allow us to investigate the warranty claim by sending the goods. In doing so, you must ensure that damage to the goods in transit is prevented by proper packaging.
To make a warranty claim, you must enclose a copy of the original invoice for the shipment of the goods. We ask for your understanding that we may refuse warranty service without attaching this copy of the invoice, as sending the copy of the invoice is used to calculate the warranty period.
If the warranty claim is justified, we will provide warranty service within 14 days after the goods are shipped to us.
You are responsible for the transportation costs of sending the goods to us.
You bear the risk of deterioration or loss during transportation of the goods sent under warranty.

 

Notice:
Your legal rights against us arising from the purchase contract concluded with us are not limited in any way by this warranty promise. In particular, any existing legal warranty rights against us remain unaffected by this warranty promise.
If the purchased item is defective, you can therefore always claim against us under the legal warranty, regardless of whether a warranty case exists or whether the warranty is invoked.