General terms and conditions
GENERAL TERMS AND CONDITIONS OF RAICH-SPECK.IT
These general terms and conditions are applicable to
the use of the service and the access to raich-speck.it, and
any other related agreement or legal relationship with the provider
in a legally binding manner. Defined terms are listed in the relevant section of this document.
Users are encouraged to read this document carefully.
raich-speck.it is offered by:
Raich Speck of Raich Erwin, J. Kravoglstr. 16, 39020 Parcines (BZ).
E-mail address of the provider: firstname.lastname@example.org
"raich-speck.it" refers to
this website, including its subdomains and any other website through which the Provider makes the Service available;
THE MOST IMPORTANT AT A GLANCE
It should be noted that individual provisions of these TOS may be relevant only to certain categories of users, for example, only to consumers or only to users who are not acting as consumers. Any such restrictions on the scope of application shall be expressly referred to in each clause concerned. In the absence of such reference, the clause shall apply to all users.
In the case of contracts concluded via raich-speck.it, the right of withdrawal is available to all consumers, regardless of where they have their habitual residence.
Access to raich-speck.it and the Service is age-restricted and is only available to users of legal age according to the applicable law.
Unless otherwise specified, access to raich-speck.it is subject to the terms and conditions set forth in this section.
By using the Service, users confirm to comply with the following conditions:
Users may be consumers or business customers;
Users must be of legal age under applicable law;
In order to use the Service, Users may register or create a User Account by providing any data or information required for such purpose fully and truthfully.
The user must ensure that the access data is kept confidential and secure. For this reason, the user must also choose a password that meets the highest security requirements possible via raich-speck.it.
When registering, users agree to be responsible for all actions that occur in connection with their username and password.
Users are required to immediately and unequivocally notify the Provider via the contact information provided in this document if they believe that their personal information, including user accounts, login credentials or personal data, has been breached, unlawfully disclosed or stolen.
TERMS AND CONDITIONS FOR THE CREATION OF A USER ACCOUNT
The creation of a user account is subject to the following terms and conditions. By registering, the user agrees to comply with these terms.
The creation of user accounts by bots or other automated methods is not permitted.
Unless otherwise specified, each user may create only one account.
TERMINATION OF USER ACCOUNT
User accounts may be terminated at any time as follows:
By contacting the Provider directly using the contact information provided in this document.
BLOCKING AND DELETION OF THE USER ACCOUNT
The Provider reserves the right to block or delete User accounts in the following cases, at its sole discretion, at any time and without prior notice:
The user has violated these TOS; and/or.
The user's access to raich-speck.it or use of the service by the user may cause damage to the provider, other users or third parties; and/or
The User's use of the Service may violate any law or regulation; and/or
in cases of prosecutorial investigations or other official proceedings and orders; and/or
The Provider, in its sole discretion, deems the content or use of the account to be inappropriate, offensive, or in violation of this Agreement.
The User shall not be entitled to any damages, indemnification or reimbursement as a result of the blocking or deletion of the User's account.
The blocking or deletion of the user account for reasons for which the user is responsible does not release the user from the obligation to pay agreed fees or prices.
Content available via raich-speck.it
Unless otherwise stated or clearly identifiable, all content available through raich-speck.it is the property of the Provider and is provided by the Provider or its licensors.
The Provider makes every effort to ensure that the content made available via raich-speck.it does not violate any applicable laws or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, users are requested to address their complaints preferably to the contact details provided in this document. This does not affect the right to enforce any claims (out of) court.
RIGHTS TO THE CONTENT AVAILABLE VIA RAICH-SPECK.IT
All rights to the content are reserved to the provider.
Users may only use the content to the extent necessary or - even implicitly - intended for the proper use of the service.
In particular, users are not permitted to reproduce, download, distribute beyond the limits defined below, edit, translate, modify, transform, publish, transfer to or license the content to third parties, or enable third parties - even without the user's knowledge - to perform the aforementioned actions via the user's own device.
To the extent expressly indicated via raich-speck.it, the User may download, reproduce and/or distribute selected content available via raich-speck.it for exclusively personal and non-commercial purposes, provided that the copyright notices and any other notices required by the Provider are correctly affixed.
This is without prejudice to any legal limitations or exceptions.
Access to external resources
Users may be able to access external resources provided by third parties through raich-speck.it. Users acknowledge and accept that the Provider has no control over such resources and is therefore not responsible for their content or availability.
The conditions under which such resources provided by third parties are available and under which rights of use to such content, if any, are granted are determined by the contractual provisions of each third party or, in the alternative, by the applicable legal provisions.
raich-speck.it and the Service may only be used as intended and in accordance with these GTC as well as in accordance with the respective applicable legal provisions.
Users themselves are responsible for ensuring that their access to raich-speck.it and/or their use of the Service does not violate any statutory provisions, regulations or third-party rights.
Therefore, the Provider reserves the right to take all appropriate measures to protect its legitimate interests, such as denying users access to raich-speck.it or the Service, terminating contracts, reporting objectionable acts taking place via raich-speck.it or the Service to the relevant authorities - such as judicial or administrative authorities - if users demonstrably or presumably:
violate legal regulations, ordinances or these GTC; or
violate the rights of third parties; or
significantly harm the legitimate interests of the provider; or
insult the Provider or a third party.
TERMS OF SALE
Some of the products available through raich-speck.it as part of the Service are subject to a fee.
Prices, terms and other conditions applicable to the purchase of such products are described below. In all other respects, reference is made to raich-speck.it and to the relevant sections.
Prices, descriptions and availability of Products are available for review in the applicable sections on raich-speck.it and are subject to change without notice.
Although products are presented through raich-speck.it with the greatest possible technical care, representations of any kind (including graphic representations, images, colors, sounds) are for reference only and do not constitute a guarantee regarding the characteristics of the purchased product.
The features of the selected product will be explained during the purchase process.
The product offers are non-binding. To complete the purchase, users must place a binding order. Only when this is accepted, the contract is concluded.
All steps from selecting a product to placing the order are part of the purchase process.
The purchase process includes the following steps:
The user selects the desired product from the range and, where provided, specifies the desired quantity or characteristics so that the product appears in the product selection.
The user can review the product selection and change, remove or add products.
Users must provide their billing address, contact information, and a payment method of their choice.
If the purchase results in the shipment of a product, the user may be required to provide a shipping address.
During the purchase process, users can change or correct the information provided at any time or cancel the purchase process altogether without any consequences.
After providing all the required information, users must carefully review their order and can then proceed to checkout.
In order to place the order, the user must accept these GTC and use the corresponding button or mechanism on raich-speck.it. Herewith the user commits to pay the agreed purchase price.
Placing the order
When the User places an order, the following shall apply:
Any order placed constitutes an offer to purchase. Placing the order obligates the User to pay the price, taxes and any other fees and expenses as indicated on the order page.
If the purchased product requires the active input of information, such as personal information or data, specifications or special requests, the placing of the order creates an obligation on the part of the user to cooperate accordingly.
After placing the order, users will receive a confirmation of receipt. Unless otherwise stated, this does not constitute acceptance of the order.
Acceptance of the order
If the confirmation of receipt does not expressly include the acceptance of the order, the purchase contract is concluded when the user receives the order acceptance.
Subject to availability and at the discretion of the provider, the order is accepted immediately.
If the order is not accepted, the provider will make a refund.
Rejection of an order does not entitle the User to make any claims, including damages, against the Provider.
All notifications related to the described purchase process will be sent to the e-mail address provided by the User for this purpose.
Users will be informed of all fees, taxes and costs (including any shipping costs) to be borne by them during the purchase process and before placing the order.
Prices are displayed on raich-speck.it as follows:
Including all applicable fees, taxes and charges.
Offers and discounts
The Provider may offer discounts or special offers for the purchase of Products. Such offers and discounts are always subject to the terms and conditions that raich-speck.it lists in the relevant section.
Offers and discounts are always granted at the sole discretion of the Provider.
Repeated or recurring offers or discounts do not create any claims/titles or rights that users may assert in the future.
As the case may be, discounts or offers are valid only for a limited period of time or while stocks last. If an offer or discount is limited in time, the time information refers to the time zone of the provider, unless otherwise stated. This can be found in the corresponding information provided by the provider in this document.
Offers or discounts may be based on coupons.
In the event of a breach of the conditions applicable to coupons, the Provider may lawfully refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
Notwithstanding the provisions below, any additional or different rules for the use of the Coupons found on the relevant information page or the Coupon itself shall always prevail.
Unless otherwise stated, the following rules apply to the use of Coupons:
Each Coupon is valid only if used in the manner and within the time period specified on the Website and/or in the Coupon;
A coupon may only be used in its entirety and at the time of purchase - partial use is not permitted;
Unless otherwise specified, single-use coupons may only be used once per purchase and therefore may only be used once for installment purchases;
Coupons cannot be used cumulatively;
The coupon may only be redeemed within the period specified in the offer. After the expiry of this period, the coupon automatically expires and excludes any possibility of exercising the rights arising from the coupon, including a payout.
The User shall not be entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
The Coupon is intended for non-commercial use only. Any reproduction, imitation or commercial trading of the Coupon is prohibited, as well as any illegal activity related to the purchase and/or use of the Coupon.
Information on the accepted payment methods will be provided during the purchase process.
Some payment methods may be available only upon additional terms or fees. In these cases, the relevant information can be found in the relevant section of the Service (raich-speck.it).
Other payment methods, if any, are managed through third-party services. In such cases, raich-speck.it does not collect any payment data - e.g. credit card data - but only receives a message from the third party service provider concerned once the payment has been successfully made.
If the payment via the available methods fails, the provider is not obliged to fulfill the order. Any costs or fees resulting from the failed or refused payment shall be borne by the user.
Retention of title
The ordered products become the property of the User only upon receipt of payment of the full purchase price by the Provider.
Deliveries are made to the address provided by the User and in the manner specified in the order summary.
Upon delivery, the User must check the contents of the delivery and report any discrepancies immediately using the contact information provided in this document or as described in the delivery bill. Users may refuse to accept the package if there is visible damage.
raich-speck.it describes in the relevant section the countries or territories to which the goods will be delivered.
raich-speck.it also describes the corresponding delivery times, or alternatively these can be specified during the purchase process.
Unless raich-speck.it provides other information or unless otherwise agreed with users, products will be delivered within thirty (30) days after purchase.
The Provider shall not be liable for delivery failures due to inaccuracies or incompleteness in the execution of the order by the User, nor for damages or delays after delivery to the carrier, if the carrier has been contracted by the User.
If the goods have not been received at the specified time or collected within the specified period, the goods will be returned to the Provider. In that case, the Provider will contact the User to arrange a second delivery attempt or to discuss the further procedure.
Unless otherwise agreed, the User shall also bear the costs for each further delivery attempt from the second delivery attempt onwards.
DELIVERIES SUBJECT TO FURTHER CONDITIONS
The delivery of certain products, such as alcoholic beverages, restricted content or the like, may be subject to further conditions under applicable law, these TOS or any other related document.
Delivery of such products may require users to prove or declare that such conditions are met (e.g., that they are of legal age under applicable law).
In such situations, failure to comply with the conditions established by law or contract may make it impossible to deliver the products.
Right of withdrawal
Unless there are exceptions, the user may cancel the contract within the period specified below (usually 14 days) without giving any reason. In this section, users will learn more about the conditions of withdrawal.
TO WHOM THE RIGHT OF WITHDRAWAL APPLIES
The right of withdrawal is a right intended for European consumers in distance contracts (because the user cannot see or try the products before concluding the contract). The exercise of the right of withdrawal terminates the obligations of the contracting parties.
For raich-speck.it, the right of withdrawal applies to all consumers, regardless of where they have their (residential) seat.
Unless any of the exceptions mentioned below are relevant, users acting as consumers have the right to withdraw from the contract within the period applicable to their case, for any reason and without justification.
For users not acting as consumers, the rights set forth in this section do not apply.
EXERCISE OF THE RIGHT OF WITHDRAWAL
In order to exercise their right of withdrawal, Users must send the Provider an unambiguous statement indicating their decision to withdraw.
For this purpose, Users may use the model withdrawal form provided in the "Definitions" section of this document. However, users are free to express their revocation decision by means of an unambiguous statement in any other appropriate manner. In order to meet the deadline for exercising this right, the user must send the notice of withdrawal before the end of the withdrawal period.
When does the withdrawal period expire?
In the case of the purchase of goods, the withdrawal period expires 14 days after the day on which the user or a third party designated by the user who is not the carrier comes into possession of the goods.
In case of purchase of several goods in one order, but then delivered separately, the withdrawal period ends 14 days after the day on which the user or a third party designated by him, who is not the carrier, comes into possession of the last delivered goods, lot or part.
EFFECTS OF REVOCATION
Users who duly revoke a contract shall be refunded all payments made to the Provider, including delivery costs, if any.
However, the Provider shall not be obliged to refund additional costs if the User has opted for a type of delivery other than the cheapest standard delivery offered by the Provider.
The refund shall be made without undue delay, but no later than 14 days after the day on which the provider is informed of the user's decision to revoke the contract. The Provider shall make the refund using the same means of payment that the User used in the original transaction, unless expressly agreed otherwise with the User. In any case, the User shall not incur any costs or fees as a result of the refund.
...WHEN PURCHASING GOODS
The User shall return or hand over the goods to the Provider or to a person authorized by the Provider to receive the goods without undue delay and in any case no later than 14 days from the day on which the User notified the Provider of his/her decision to revoke the contract, unless the Provider offered to collect the goods himself/herself.
The deadline is met if the user hands over the goods to the carrier or otherwise returns the goods as specified above before the 14-day period expires. The provider may refuse repayment until it has received the goods back or until the user has provided proof that he has returned the goods, whichever is the earlier.
The user shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
The user shall bear the costs of returning the goods.
EXCEPTIONS TO THE RIGHT OF REVOCATION
The right of withdrawal does not apply if
goods are delivered that can spoil quickly or whose expiration date would be quickly exceeded;
sealed goods are delivered, which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery;
LIABILITY AND COMPENSATION
To the fullest extent permitted by applicable law, User agrees to indemnify and hold harmless Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees from any third party claim or demand, including, but not limited to, attorneys' fees and costs, asserted by reason of or in connection with any criminal use of or connection to the Service, violation of these TOS, infringement of any third party rights or violation of any law by User or its affiliates, officers, directors, agents, co-branders, partners and employees.
LIMITATION OF LIABILITY
Unless expressly stated otherwise and without prejudice to any applicable statutory product liability provisions, Users shall have no right to claim damages against the Provider (or any person or entity acting on its behalf).
This does not apply to damages to life, health or physical integrity as well as damages due to the violation of an essential contractual obligation, such as an obligation that is absolutely necessary to achieve the purpose of the contract and/or damages due to intent or gross negligence, provided that moser.it was used properly and correctly by the user.
Unless damages are caused intentionally or by gross negligence or affect life, health or physical integrity, the provider is liable only to the extent of typical and foreseeable damages at the time of the conclusion of the contract.
Irrespective of this, the following restriction applies to all users who are not acting as consumers:
In any case of liability, the compensation shall not exceed the total payments that the Provider has received, will receive or would receive from the User under the Contract over a period of 12 months, or the term of the Contract, if shorter than 12 months.
Failure by Provider to assert any right under these TOS or to enforce any provision hereof shall not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver.
In order to provide the best possible service, the Provider reserves the right to interrupt the Service for maintenance, system updates or other changes. He will inform the users appropriately.
Within the limits of the law, the Provider may also decide to suspend or terminate the Service entirely. In the event of termination of the Service, the Provider will cooperate with Users to enable them to delete personal data or information in accordance with applicable law.
In addition, the Service may be unavailable for reasons beyond the Provider's control, such as "force majeure" (e.g., labor disputes, infrastructure failures or power outages, etc.).
Users may not reproduce, duplicate, copy, sell, resell or exploit raich-speck.it and the Service in any way without the express prior written permission of the Provider, granted either directly or through a lawful reseller program.
Intellectual property rights
Notwithstanding any more specific provisions of these TOS, all intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to the Service (raich-speck.it) are the exclusive property of the Provider or its licensors and are subject to the protection of applicable law or international treaties relating to intellectual property.
All trademarks, names or logos - and all other trademarks, trade names, service marks, word marks, illustrations, images or logos - appearing in connection with the Service (raich-speck.it) are and will remain the exclusive property of the Provider or its licensors and are subject to the protection of applicable law or international treaties relating to intellectual property.
Changes to these GTC
The Provider reserves the right to change or otherwise modify these TOS at any time. In this case, the Provider will inform the User appropriately about these changes.
Such changes will affect the relationship with the User only for the future.
By continuing to use the Service, the User accepts the modified GTC. If Users do not wish to be bound by the changes, they must stop using the Service. If the revised terms are not accepted, either party may terminate the contract.
For the relationship prior to the User's acceptance of the changes, the valid previous version of the GTC shall apply. The User may obtain any previous version of the GTC from the Provider.
Any amendment to these GTC shall be notified in text form no later than one month before it comes into force. If consumers do not accept the amended GTC, they may terminate the contract up to four months after the amended GTC come into force without incurring a contractual penalty. Consumers shall not be entitled to damages on the basis of the termination.
If required by the applicable law, the Provider shall specify the date from which the amended GTC shall apply.
Assignment of rights and obligations
The Provider reserves the right to transfer, assign, replace by novation or pass on all rights and obligations arising from these GTC, taking into account the legitimate interests of the User.
The provisions on amendments to the GTC shall apply accordingly.
Users may not assign or transfer their rights or obligations under the GTC in any way without the Provider's written consent.
All communications related to the use of the Service (raich-speck.it) must be sent to the contact details provided in this document.
If any provision of these TOS is or becomes invalid or unenforceable under applicable law, this shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
If any provision of these TOS is or is deemed to be invalid, void or unenforceable, the parties will use their best efforts to amicably reach an agreement on valid and enforceable provisions to replace the invalid, void or unenforceable portions.
Otherwise, the invalid, void or unenforceable provisions shall be replaced by the applicable legal provisions, if permitted or provided for under the applicable law.
Notwithstanding the foregoing, the invalidity, voidness or unenforceability of any provision of these GTC shall not invalidate the entire Agreement, unless such provision is material to the Agreement or of such importance that the parties would not have entered into the Agreement had they known of the invalidity of the provision. If the remaining terms would result in undue hardship for one of the parties, the invalidity of the individual provision shall result in the invalidity of the entire agreement.
These Terms and Conditions shall be governed by the laws of the place where the Provider has its registered office, with the exception of conflict of laws provisions. Users can find the location of the registered office in the relevant section of this document.
EXCEPTION FOR EUROPEAN CONSUMERS
Notwithstanding the foregoing, users who are acting as European consumers and have their habitual residence in a country where the law provides for a higher standard of consumer protection shall be subject to that higher standard.
The courts of the place where the Provider has its registered office - as indicated in this document - shall have exclusive jurisdiction over any disputes arising out of or in connection with these TOS.
EXCEPTION FOR EUROPEAN CONSUMERS
This does not apply to users who act as European consumers nor to users who act as consumers and have their (residential) seat in Switzerland, Norway or Iceland.
Amicable dispute resolution
Users may address all disputes to the Provider, who will attempt to resolve them amicably.
The user's right to take legal action shall always remain unaffected. However, in case of any dispute regarding the use of the Service (raich-speck.it) or the Service, the User is requested to contact the Provider using the contact details provided in this document.
The User may send the complaint, including a brief description and, if applicable, the details of the related order, purchase or account, to the Provider's e-mail address indicated in this document.
The Provider will promptly process the request within 21 days of receipt.
Online dispute resolution for consumers
The European Commission has established an online Alternative Dispute Resolution platform that provides an out-of-court procedure for resolving disputes related to online contracts with consumers.
As a result, consumers in the EU, Norway, Iceland or Liechtstein can use this platform to resolve disputes arising from contracts concluded online. The platform can be accessed at the following link.
GERMANY: DISPUTE RESOLUTION PROCEDURES WITH CONSUMER ARBITRATION BOARDS
The provider does not participate in alternative dispute resolution procedures for consumers under the Consumer Dispute Resolution Act.
Within the period of one year from the submission of a written complaint to the Provider regarding a dispute arising from these GTC, consumers have the right to initiate mediation proceedings
before a mediation body recognized by the French government. The relevant list is available at the following link: https://www.economie.gouv.fr/mediation-conso/mediateurs-references.
DEFINITIONS AND LEGAL NOTICES
RAICH-SPECK.IT (OR THIS APPLICATION).
The application through which the provision of the Service is enabled.
Any legally binding or contractual relationship between Provider and User governed by these GTC.
Any User who is not acting as a consumer.
Any code or voucher in printed or electronic form that allows the User to purchase the Product at a reduced price.
EUROPEAN (OR EUROPE)
Refers to any user located within the EU or whose place of business is within the EU, regardless of nationality.
EXAMPLE CANCELLATION FORM
Raich Speck of Raich Erwin, J. Kravoglstr. 16, 39020 Partschins (BZ)
I/We hereby give notice that I/We withdraw from my/our purchase contract for the following goods/for the provision of the following service:
_____________________________________________ (description of the goods/services that are the subject of the withdrawal).
Ordered on: _____________________________________________ (Datum einfügen)
Received on: _____________________________________________ (Datum einfügen)
Name des/der Verbraucher(s):_____________________________________________
Adresse des/der Verbraucher(s):_____________________________________________
(Signature if this form is submitted in paper form)
SUPPLIER (OR WE)
Is the natural person(s) or legal entity(ies) providing raich-speck.it and/or the Service to Users.
A good or service offered for sale through raich-speck.it, such as physical goods, digital files, software, booking services, etc.
The offer of products may be part of the Service defined above.
The service provided by raich-speck.it, as described in these GTC and on the Service.
All terms and conditions applicable to the use of the Service as described in this document and/or to raich-speck.it, including any related documents or agreements, as amended from time to time.
USER (OR SHE)
Is any natural or legal person who uses raich-speck.it.
Any user who uses goods or services for purposes that are outside his or her trade, business, craft or profession.
Last updated: 30 May 2023