§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Paradiso Italiano GmbH) via the
Close the website www.paradiso-italiano.com. Unless otherwise agreed, the inclusion will be carried out by you, if applicable.
of the own terms and conditions used.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes which
cannot be predominantly attributed to their commercial or independent professional activity. An entrepreneur is any
natural or legal person or a partnership with legal personality who, when entering into a legal transaction in the exercise of his or her
independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we submit to you a binding offer to purchase the product.
Conclusion of a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. You can use the corresponding button in the navigation bar to
You can call up the “Shopping cart” and make changes there at any time.
After clicking the “Checkout” or “Continue to order” button (or similar) and entering the personal data
and the payment and shipping conditions, the order data will be displayed as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will be
either to the order overview page in our online store or to the website of the provider of the instant payment system
forwarded.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there.
Finally, on the website of the provider of the instant payment system or after you have returned to our online store
the order data is displayed as an order overview.
Before sending the order, you have the opportunity to check the details in the order overview again, to change them (also via
the “back” function of the Internet browser) or to cancel the order.
By submitting the order via the corresponding button (“order subject to payment”, “buy” / “buy now”, “chargeable
order”, ‘pay’ / ‘pay now’ or similar designation) you declare legally binding acceptance of the offer, whereby the
contract is concluded.
(4) Your requests for a quotation are non-binding for you. We will make you a binding offer for this in
in text form (e.g. by e-mail), which you accept within 5 days (unless another period is specified in the respective offer)
can.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall take place via
E-mail partly automated. You must therefore ensure that the e-mail address you have provided to us is correct, the
receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
§ 3 Special agreements on payment methods offered
(1) Payment via “PayPal” / “PayPal Checkout”
When selecting a payment method that is offered via “PayPal” / “PayPal Checkout”, payment is processed via the
Payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual
Payment methods via “PayPal” are made available to you under a correspondingly labeled button on our website and in the online shop.
Order process displayed. PayPal” may use other payment services for the processing of payments; insofar as this requires special
payment conditions apply, you will be informed of these separately. You can find more information about “PayPal” at
https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via “Stripe”
If you select a payment method that is offered via “Stripe”, the payment is processed via the payment service provider Stripe
Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Irland; „Stripe“). The individual payment methods
via “Stripe” will be shown to you under a correspondingly labeled button on our website and in the online ordering process.
displayed. For payment processing, “Stripe” may use other payment services, insofar as there are special conditions for this.
Terms of payment apply, about which you will be informed separately. You can find more information about “Stripe” at
https://stripe.com/de.
§ 4 Right of retention, retention of title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods shall remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full.
Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign all claims in the amount of the
The customer assigns to us all rights to the invoice amount that accrue to you from the resale; we accept the assignment. They are still subject to confiscation
of the claim. However, if you do not meet your payment obligations properly, we reserve the right to cancel the
to collect the claim itself.
c) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value
of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our
collateral exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the collateral to be released.
§ 5 Warranty
(1) The statutory liability for defects shall apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage.
and to notify us and the freight forwarder of any complaints as soon as possible. If you do not comply with this, this has no
Effect on your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you
the contract declaration by us and the deviation was expressly and separately agreed between the parties.
agreed between the contracting parties.
(4) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer’s product description shall be deemed agreed as the quality of the goods, but not
other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion by repair or subsequent delivery. If the defect cannot be remedied,
you may, at your discretion, demand a price reduction or withdraw from the contract. The rectification of defects shall be deemed to have taken place after an unsuccessful second
attempt is deemed to have failed unless the nature of the goods or the defect or other circumstances indicate otherwise.
otherwise. In the event of rectification of defects, we shall not have to bear the increased costs incurred by the transportation of the goods to a third party.
place other than the place of performance if the shipment does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortened deadline does not apply:
– for culpably caused damage attributable to us arising from injury to life, limb or health and in the case of intentional
other damage caused by gross negligence;
– insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
– in the case of items that have been used for a building in accordance with their normal use and are defective
have caused;
– in the case of statutory recourse claims that you have against us in connection with warranty rights.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as it is contrary to the mandatory provisions of the law.
of the state of the consumer’s habitual residence is not withdrawn (principle of favorability).
(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction shall be our registered office, unless you
are consumers, but merchants, legal entities under public law or special funds under public law. The same applies,
if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode at the time of
is not known when the action is filed. The right to bring an action before a court at another statutory place of jurisdiction remains unaffected.
untouched.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
§ 7 Protection of minors
(1) When selling goods that are subject to the provisions of the German Youth Protection Act, we only enter into contractual relationships with customers,
who have reached the statutory minimum age.
Existing age restrictions are indicated in the respective item description.
(2) By submitting your order, you confirm that you have reached the legally required minimum age and that your details
your name and address are correct. You are obliged to ensure that only you yourself or those of you
persons authorized to receive the delivery who have reached the minimum age required by law to receive the goods in
Receive.
(3) Insofar as we are obliged by law to carry out an age check, we will inform the person responsible for the delivery of the goods.
to hand over the delivery only to persons who have reached the minimum age required by law.
and, in case of doubt, to have the identity card of the person receiving the goods presented for age verification.
(4) Insofar as we indicate in the respective item description that you are over the legally prescribed minimum age for
have reached the age of 18 at the time of purchase of the goods, the above paragraphs 1-3 shall apply with the proviso that instead of the
The minimum age required by law is the age of majority.
II Customer information
1. identity of the seller
Paradiso Italiano GmbH
Seewiesenstrasse 4
63768 Hösbach-Feldkahl
Germany
Phone: +491741901565
E-Mail: [email protected]
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at
https://ec.europa.eu/odr.
The “ODR platform” can be used to resolve disputes arising from contracts concluded online for the sale of goods and/or services.
services between consumers and traders.
We participate in a dispute resolution procedure before a consumer arbitration board. Responsible is:
Center for Conciliation e.V.
Straßburger Straße 8
77694
Kehl on the Rhine
Link to the website of the consumer arbitration board: https://www.verbraucher-schlichter.de
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the
Regulations “Formation of the Contract” of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1. Contract language is German .
3.2. The complete text of the contract is not stored by us. Before submitting the order via the online shopping cart system, you can
the contract data can be printed out using the browser’s print function or saved electronically. After receipt of the order by us
the order data, the information required by law for distance selling contracts and the General Terms and Conditions of Sale.
Terms and Conditions will be sent to you again by e-mail.
3.3. For quotation requests outside of the online shopping cart system, you will receive all contract data as part of a binding
offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5 Prices and terms of payment
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They contain all
Price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our
Internet presence or in the respective offer, are shown separately in the course of the ordering process and are to be paid by you.
The customer shall additionally bear the shipping costs, unless free delivery has been agreed.
5.3. You are liable for any costs incurred for the transfer of funds (transfer or exchange rate fees charged by credit institutions) in the following cases
where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.4. The payment methods available to you are listed under a correspondingly labeled button on our website
or shown in the respective offer.
5.5. Unless otherwise specified for the individual payment types, the payment claims arising from the concluded contract are immediately due for payment.
Payment due.
6. terms of delivery
6.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a corresponding
button on our website or in the respective offer.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods is borne by you.
sold item during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment
insured or uninsured. This does not apply if you independently use a transport company not named by the entrepreneur or
have commissioned a person otherwise designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
7. statutory liability for defects
Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).
These general terms and conditions and customer information have been prepared by the lawyers of the Händlerbund who specialize in IT law and are
permanently checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event that
of warnings. You can find more information on this at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last update: 29.11.2023