Terms and Conditions

Section 1 Scope, seller

1. These terms and conditions apply to all contracts concluded between Lisa Metzdorff, Karthaus 98, I-39020 Schnals (BZ), Italy, VAT number (P.IVA) 02831470212 – hereinafter the “seller” – and the customer via the website www.schnalsersaege.com. Any conflicting or deviating terms put forward by the customer are rejected unless expressly agreed otherwise.
2. A consumer within the meaning of these terms is any natural person acting for purposes that are outside their trade, business or profession (Art. 3 of the Italian Consumer Code, Legislative Decree 206/2005). A trader is any natural or legal person acting in the exercise of their trade, business or profession.
3. The contract may be concluded in German, Italian or English. The language version in which the customer placed the order shall prevail.

Section 2 Subject matter

The subject matter of the contract is the sale of goods, in particular handcrafted products made of Swiss pine. The essential characteristics of the goods are set out in the respective product description on the website. In handcrafted products made of natural wood, slight variations in grain, colour and dimensions are inherent in the material and do not constitute a defect.

Section 3 Conclusion of the contract

1. The presentation of the products in the online shop constitutes a binding offer by the seller within the meaning of Art. 1336 of the Italian Civil Code, while stocks last or within the limits of production capacity.
2. The customer places the desired goods in the basket, which can be viewed and amended at any time. After entering personal details and selecting the payment and shipping method, all order details are displayed once more before the order is submitted; the customer can review and correct them. By submitting the order via the payment button, the customer accepts the offer, and the contract is thereby concluded.
3. The seller confirms receipt of the order by email without delay (Art. 13 of Legislative Decree 70/2003). With this email the customer receives the order details together with these terms and the withdrawal information in text form. The seller does not store the text of the contract beyond this; the customer can save it via the confirmation email.
4. If, exceptionally, an ordered product is unavailable, the seller will inform the customer without delay; any payments already made will be refunded without delay.
5. Customer enquiries made outside the basket system (e.g. by email or telephone, for instance for bespoke items) are non-binding. In such cases the seller submits a binding offer in text form, which the customer may accept within 5 days.
6. Order processing is partly automated by email. The customer must ensure that the email address provided is correct and that emails can be received (in particular with regard to spam filters).

Section 4 Prices and shipping costs

1. The prices stated are final prices in euros and include Italian statutory value added tax (IVA) as well as all other price components.
2. Any additional shipping costs are set out on the “Shipping policy” page, are displayed during the ordering process before the order is placed and are borne by the customer unless free delivery has been agreed.

Section 5 Payment, delivery, passing of risk

1. The available payment methods (including credit/debit card, PayPal and other methods shown at checkout) are displayed during the ordering process. Unless stated otherwise, the purchase price is due immediately.
2. Delivery is made to the delivery address specified by the customer within the European Union. Delivery areas, shipping costs and delivery times are set out on the “Shipping policy” page. For handcrafted products, the production times stated there by product category apply; the seller confirms the exact delivery date by email once the order has been received.
3. In consumer sales, the risk of accidental loss of or damage to the goods passes to the consumer only upon delivery to the consumer (or to a third party designated by the consumer other than the carrier), in accordance with Art. 63 of the Italian Consumer Code. Where the customer is a trader, the risk passes upon handover to the carrier.

Section 6 Right of withdrawal

1. Consumers have the statutory right of withdrawal of 14 days. Details, consequences and the model withdrawal form are set out in the withdrawal information.
2. The consumer bears the direct cost of returning the goods.
3. There is no right of withdrawal for goods that are not prefabricated and are made to the customer's specification or are clearly personalised to individual requirements (Art. 59 of the Italian Consumer Code), for example items made to measure or with an individual engraving.

Section 7 Retention of title

The goods remain the property of the seller until the purchase price has been paid in full (Art. 1523 et seq. of the Italian Civil Code).

Section 8 Warranty

1. Where the customer is a consumer, the statutory provisions on warranty in consumer sales apply (Art. 128 et seq. of the Italian Consumer Code): the seller is liable for lack of conformity that becomes apparent within two years of delivery. The consumer is entitled in the first instance to repair or replacement and, if this fails, to a price reduction or termination of the contract.
2. The customer is asked to check the goods on delivery for completeness and transport damage and to notify the seller of any complaints as promptly as possible; the consumer's statutory warranty rights remain unaffected.
3. Where the customer is a trader, the provisions of the Italian Civil Code apply (Art. 1490 et seq.): obvious defects must be notified within 8 days of discovery; the warranty period is one year from delivery.

Section 9 Liability

1. The seller is liable without limitation for damage arising from injury to life, body or health, in cases of intent and gross negligence, in the event of fraudulent concealment of a defect, and in all cases of mandatory statutory liability (including product liability).
2. Otherwise, liability for slight negligence is excluded unless material contractual obligations are breached; in that case liability is limited to the foreseeable damage typical of the contract. In relation to consumers, this applies only to the extent that mandatory statutory provisions do not conflict.
3. The seller does not warrant the uninterrupted availability of the website.

Section 10 Dispute resolution

For consumer disputes arising from contracts concluded via this online shop, the seller declares its participation in the alternative dispute resolution (ADR) scheme of the conciliation body Onlineschlichter.it, via Dodiciville 2, I-39100 Bolzano (BZ), email: info@onlineschlichter.it, website: www.onlineschlichter.it. Complaints can be submitted via that website.

Section 11 Governing law, place of jurisdiction

1. Italian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). In relation to consumers, this choice of law applies only to the extent that it does not deprive them of the protection of mandatory provisions of the law of their country of habitual residence.
2. For consumers resident in Italy, the courts of the consumer's place of residence or domicile have exclusive jurisdiction (Art. 66-bis of the Italian Consumer Code); for consumers in other EU states, the mandatory statutory rules on jurisdiction apply. Where the customer is a trader, the exclusive place of jurisdiction is the seller's registered office (Bolzano).