Terms and Conditions – TOS

Terms and Conditions

§ 1 Scope of Application and Contracting Parties

1. The following terms and conditions apply to all contracts that you conclude with us as the provider (Stucco Veneziano Shop) via the website https://www.stuccovenezianoshop.com
or https://www.stuccovenezianoshop.com. Only the following terms of sale apply to all our deliveries. Deviating terms are only binding for
us upon explicit acknowledgment.

1.1 Our following terms of delivery and payment are intended only for application to businesses and end consumers. We do not recognize any terms of the buyer that contradict or deviate from our terms of delivery and payment.

1.2 Ancillary agreements, amendments, and deviations from these terms must be agreed upon in writing. These terms also apply to all future transactions with the
client. Deviating terms and conditions of the client are not binding for us unless we explicitly acknowledge them in writing.

1.3 The contract language is exclusively German.

1.4 You can access and print the currently valid General Terms and Conditions on the website https://www.stuccovenezianoshop.com/agb or at https://www.stuccovenezianosho p.com/agb.

§ 2 Ordering and Conclusion of Contract

2. The subject of the contract is the sale of wall and floor coatings.

2.1 By placing the respective product on our Stucco Veneziano Shop website, we make you a binding offer to conclude a
contract under the conditions specified in the item description.

2.2 The contract is concluded via the online shopping cart system (shop) as follows:
The products intended for purchase are placed in the “shopping cart”. You can access the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time. After accessing the “Checkout” page and entering your personal data (billing and delivery address) as well as the payment and
shipping conditions, all order data will finally be displayed again on the order summary page. If you use an instant payment system (e.g., PayPal, Amazon Pay, credit card, Sofort) as a payment method, you will either be directed to the order summary page in our online shop or you will first be redirected to the website of the instant payment system provider. If you are redirected to the respective instant payment system, you will make the corresponding selection or enter your data there. Finally, you will be redirected back to the order summary page in our online shop. Before submitting the order, you have the opportunity to review all details again, change them (also via the “back” function of your internet browser), or cancel the purchase. By submitting the order via the “Order with obligation to pay” button, you legally declare your acceptance of the offer, thereby concluding the contract.

2.2.1 Alternatively, you can order immediately by phone or email: https://www.stuccovenezianoshop.com

2.3 After receiving your purchase offer, you will receive an automatically generated email confirming that we have received your order (order confirmation). This
order confirmation does not yet constitute acceptance of your purchase offer. A contract is not yet concluded by this order confirmation. The processing of the order and the transmission of all information required in connection with the conclusion of the contract are partly automated via email. Therefore, you must ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular, not prevented by spam filters.

2.4 Your orders are stored in our archive. Should you lose your order documents, please contact us by email/phone. We will gladly send you a copy of your order data by email.

§ 3 Prices

3. All prices are end-consumer prices and always include the statutory value-added tax (VAT) and are exclusive of shipping costs. The price at the time
of order applies. In the case of intra-community delivery abroad, no VAT will be charged for all companies or entrepreneurs with a valid VAT ID number. For private buyers abroad, all prices include VAT. Further information on shipping costs can be found on our website at: https://www.stuccovenezianoshop.com/versand – https://www.stuccovenezianoshop.com/versand

3.1 Unless otherwise agreed in writing, our prices are ex works, including packaging and VAT. Unless otherwise agreed, the
purchase price must be paid in advance. Alternatively, a special payment method must be agreed upon in writing. The goods will be dispatched immediately upon receipt of payment. The customer will be informed by email.

§ 4 Payment Terms; Default

4. The selection of available payment methods is at our discretion. In particular, we reserve the right to offer you only selected payment methods for payment,
for example, only advance payment to secure our credit risk.
Payment can be made via:

• Bank Transfer
• PayPal
• Amazon Payment

Bank Transfer
Deutsche Bank
IBAN: IT49 J031 0411 8000 0000 0400 078
BIC/SWIFT: DEUTITM1750

PayPal

When paying with PayPal, you will be redirected to the website of the online provider PayPal during the order process. To pay the invoice amount via PayPal,
you must be registered there or register first, authenticate with your access data, and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. Further instructions will be provided during the order process. The payment transaction will be automatically carried out by PayPal immediately thereafter.

Amazon Payment

If you have selected the Amazon Pay button on BeWein, you can use the Amazon
Pay service to do the following:

• Log in with your Amazon customer account.
• Accept the user agreement upon first use, if
  prompted.
• Select a payment method in your Amazon customer account to easily complete the
  payment and order process.
• Complete your purchase.

Tip: Make sure you have updated your browser settings to allow third-party cookies. Your internet browser may refer to these as a security setting, preference, or option. You can make a payment with any credit or debit card stored in your Amazon customer account. Under certain circumstances, you may only be able to use Visa and Mastercard credit cards. After your purchase, you will receive an email from Amazon Pay notifying you that the payment has been authorized, and a second email confirming the order.

§ 5 Set-off/Right of Retention

5. You may only exercise a right of retention insofar as the claims arise from the same contractual relationship.
5.1 You only have a right of set-off if your counterclaim has been legally established, is not disputed or recognized by us, or is in a
close synallagmatic relationship with our claim.

§ 6 Deliveries, Delivery Times and Shipping Costs / Retention of Title

6. Unless otherwise agreed, the goods will be delivered free of charge from our warehouse to the address you provided.

6.1 The goods remain our property until full payment of the purchase price.

6.2 The ordered goods are always in stock, so the customer does not have to wait. If goods are out of stock, the customer will be informed in good time before ordering, either by phone or email.

6.3 The start of the delivery period specified by us requires the timely and proper fulfillment of the buyer’s obligations. The defense of non-performance of the contract remains reserved.

6.4 If the buyer defaults on acceptance or culpably violates other duties to cooperate, we are entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. Further claims remain reserved. If the aforementioned conditions are met, the risk of accidental loss or accidental deterioration of the purchased item passes to the buyer at the time when the buyer defaults on acceptance or payment.

6.5 We are liable in the event of delivery delays not caused by our willful intent or gross negligence.

6.6 Further statutory claims and rights of the buyer due to a delivery delay remain unaffected.

SHIPPING GERMANY = FREE / 2-3 WORKING DAYS SHIPPING
AUSTRIA = FREE / 3 WORKING DAYS

6.7 For all other countries, delivery times/shipping costs are specified in the conditions of the
quote. If the delivery time cannot be met, we will automatically inform you by email.

§7 Right of Withdrawal Information

Right of Withdrawal for Consumers

7. Consumers have a statutory right of withdrawal. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed

Right of Withdrawal

7.1 You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the last partial shipment or the last item. To exercise your right of withdrawal, you must inform us at:

Stucco Veneziano Shop

Email: [email protected] – Phone WhatsApp: +49 (0) 171 1599773

inform us by means of a clear statement (e.g., an email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, which is not mandatory. You can also electronically fill out and submit the sample withdrawal form or another clear statement on our website [insert internet address]. If you make use of this option, we will immediately (e.g., by email) send you a confirmation of receipt of such a withdrawal. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we must repay you all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from your choosing a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which the notification of your withdrawal from this contract was received by us. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You can return the products if they have not been used and the packaging is intact.
It is not possible to return products that have already been mixed with colorant, nor is it possible to return individual colorants.

You must send the goods back without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract, to the address of our warehouse in Italy below:

Bericalce SRL – Via Piave, 23, 36033 Isola Vicentina (VI), Italia

The goods must be returned or handed over. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay 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 checking their quality, characteristics, and functionality.

End of Right of Withdrawal Information

§8 Transport Damage

8. If goods are delivered with obvious transport damage, please report such defects immediately to the delivery person and contact us as soon as possible.

8.1 Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, you help us to assert our own claims against the carrier or transport insurance.

§9 Warranty

9. Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of sales law (§§ 433 et seq. BGB).

9.1. BeWein warrants to the buyer for the contractual products, in accordance with the following provisions, for a period of twelve months after the transfer of risk, that the contractual products are free from defects within the meaning of the sales law warranty provisions of the BGB (German Civil Code). BeWein will provide free replacement for contractual products that prove to be defective due to poor material within the warranty period as a result of a circumstance existing before the transfer of risk. To carry out all necessary rectifications or replacement deliveries, the client must grant us the required time and opportunity; otherwise, we are released from liability for the resulting consequences. The client has the right to withdraw from the contract within the framework of statutory provisions if, taking into account the statutory exceptions, we allow a reasonable deadline set for us for rectification or replacement delivery due to a material defect to expire fruitlessly. If there is only an insignificant defect, the client is only entitled to a right to reduce the contract price. Note: BeWein is solely responsible for production/sales.

9.2 In all other respects, the statutory provisions apply to the warranty, in particular the two-year limitation period according to § 438 (1) No. 3 BGB.

Warranty Conditions

9.3 For all goods offered in the shop, statutory warranty rights exist according to the provisions of sales law.

The following conditions apply to the warranty:

9.4 The warranty is only valid upon presentation of proof of purchase (invoice) including the purchase date, product name, and quantities. We reserve the right to refuse warranty services if this information has been removed or altered after the purchase of the product.

9.5 BeWein undertakes to replace and re-deliver the product in the event of damage/defect.

9.6 No warranty is provided in particular in the following cases: Unsuitable use – Incorrect use – Special and specific influences – Electrical influences during delivery.

9.7 The rights of the buyer under the respective applicable national legislation, i.e., the rights of the buyer derived from the purchase contract against the seller, are not affected by this warranty. This warranty does not limit the rights of consumers against sellers or other mandatory rights that cannot be waived under national or European law according to the law of general terms and conditions.

§10 Liability

10. Unlimited Liability: We are liable without limitation for intent and gross negligence, as well as in accordance with the Product Liability Act. For slight negligence, we are liable for damages resulting from injury to life, body, and health of persons.

10.1 In all other respects, the following limited liability applies: In the case of slight negligence, we are only liable for the breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance you may regularly rely (cardinal obligation). Liability for slight negligence is limited in amount to the foreseeable damages at the time of contract conclusion, which typically must be expected to arise. This limitation of liability also applies in favor of our vicarious agents.

§11 Complaints – Dispute Resolution

11. The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes related to their online order initially without involving a court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odrerreichbar.

11.1 We strive to resolve any disagreements arising from our contract amicably. Furthermore, we are not obliged to participate in a dispute resolution procedure and, unfortunately, cannot offer you participation in such a procedure.

§2 Final Provisions

12. Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the other provisions shall remain unaffected.

12.1 Contracts between us and you are exclusively governed by German law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Law”). Mandatory provisions of the country in which you usually reside remain unaffected by the choice of law.

12.2 If you are a merchant, a legal entity under public law, or a special fund under public law, our business domicile is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.

Choice of Law, Place of Performance, and Place of Jurisdiction

1. The place of performance for all obligations arising from the business relationship are our two registered offices in Germany or Italy.
2. The place of jurisdiction is, at our discretion, our registered office or the general place of jurisdiction of the buyer. This also applies to disputes in document, bill of exchange, or check proceedings.
3. The contractual relationships with our customers are exclusively governed by the law of the Federal Republic of Germany. The applicability of the United Nations Convention of April 11, 1980, on Contracts for the International Sale of Goods (CISG – “Vienna Sales Convention”) is excluded.
4. Buyer’s data will be stored and processed by us, insofar as this is necessary for the proper handling of the contractual relationships.
5. We are also entitled to sue the customer at their general place of jurisdiction.