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TERMS AND CONDITIONS (T&C)


Content
  1. Scope
  2. Information about us and contact details
  3. Order process and contract formation
  4. Products
  5. Prices and payment
  6. Delivery
  7. Right of withdrawal (consumers)
  8. Guarantee and liability
  9. Governing la and dispute resolution

1. SCOPE
  • 1.1 These terms and conditions (“T&C”) apply, in the version valid at the time of the order, to all contracts concluded via the web shop https://teamdrjoseph.com/ (“Web Shop”) between us, the company Vitalis Dr. Joseph S.r.l./GmbH, and you, the buyer, relative to the products offered in the Web Shop (“Contracts”), unless we expressly refer to the application of other terms and conditions. In these T&C, we do refer to documents (Delivery, Withdrawal, Legal Guarantee and Alternative Dispute Resolution) which form an integral and substantial part of these T&C. Amendments to these GTC must always be agreed in writing. 
  • 1.2 In some areas, these T&C include different rights depending on whether you are a business customer or a consumer. You are considered to be a “consumer” if you are acting for purposes which are outside your trade, business, craft or profession. 

2. INFORMATION ABOUT US AND CONTACT DETAILS
  • 2.1 We are the company Vitalis Dr. Joseph S.r.l/GmbH with registered office in South Tyrol/Italy, 39031 Brunico/Bruneck (BZ), Via Christophorusstraße 5. We have a fully paid-up corporate capital of EUR 100,000.00 and are registered with the Register of Enterprises of Bolzano/Bozen (Italy) with number IT02876970217. Such number corresponds to our VAT registration number and fiscal code.
  • 2.2 You can contact us by telephoning us at +39 0474 55 47 26, by sending us a telefax at +39 0474 53 11 08 or by writing as at info@vitalisdrjoseph.com.

3. ORDER PROCESS AND CONTRACT FORMATION
  • 3.1 The presentation of the products in our Web Shop does not constitute a legally binding offer, but merely an invitation to place an order (invitatio ad offerendum).
  • 3.2 You can select products for purchase in our Web Shop by placing them in a shopping basket by clicking on the relevant basket. If you want to complete the order, go to the shopping basket where you will be guided through the further order process. After selecting the items in the shopping basket and entering all the necessary order and address data in the following step, a new section will open if you click on the “continue” button in which the main details of the items and costs our summarised again. Up to this point you can correct your entries or cancel the order process. Only by confirming the button “Order subject to payment” in the last step you will have placed a binding offer to purchase the products sown in the order overview. After submitting the order you will receive an order confirmation, which does not represent an acceptance of your contractual offer.
  • 3.3 A Contract between you and us is will only come into existence once we accept your order by a separate e-mail or when we ship the products. Please do check your SPAM folder of your e-mail inbox regularly. If we are unable to accept your order, we will inform you of this and of course will not charge you for the product or refund any amounts paid immediately. This might be because the product is out of stock or because we have identified an error in the description of the product or in the price.
  • 3.4 The contractual provisions with details of the products order will be sent to you by e-mail upon acceptance of the contractual offer or upon notification thereof.   

4. PRODUCTS
  • 4.1 The main characteristics of our products can be found in the individual product descriptions in our Web Shop.
  • 4.2 The images of the products in our Web Shop are for illustrative purposes only. Although we have made efforts to display the colours accurately, we cannot guarantee that a device’s display (e.g. on the computer, smartphone or tablet) accurately reflects the colour of the products. The products may also slightly differ in order respects from these images.
  • 4.3 The packaging of the products may vary from that shown in images in our Web Shop as well.

5. PRICES AND PAYMENT
  • 5.1 The prices of the products (which includes VAT) will be the prices indicated on the order pages when you placed your order. The shipping costs are shown separately during the order process. Please refer to our Delivery Terms for further information.
  • 5.2 We accept payments by credit card, PayPal, Apple Pay and bank transfer. The place of performance of the payment obligation is always the place of our registered office.
  • 5.3 Payment is due immediately once you have placed the order. The place of performance of the payment obligation is always the place of our registered office.
  • 5.4 If you are in default of payment for more than 10 days, we shall have the right to terminate the Contract and to reclaim any products that we may have already delivered.
  • 5.5 If you are a business customer you must pay all amounts due to us under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
  • 5.6 If you think an invoice is wrong, please contact us promptly to let us know.

6. DELIVERY

7. RIGHT OF WITHDRAWAL (CONSUMERS)
  • 7.1 If you are a consumer you are entitled to a legal right of withdrawal as per the information provided here.

8. WARRANTY AND LIABILITY
  • 8.1 If you are a consumer please refer to the information concerning the exercise of your right of withdrawal available [here].
  • 8.2 If you are a business customer, the legal guarantee is governed by the provisions of articles 1490 and following of the Italian Civil Code.
  • 8.3 If you are a business customer, we are only liable for willful misconduct and gross negligence. The limitation of liability shall not apply in the event of damages to life, body or health.
  • 8.4 Liability under mandatory product liability remains unaffected.

9. GOVERNING LAW AND DISPUTE RESOLUTION
  • 9.1 These T&C are governed by Italian law, excluding the application of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG). If you are a consumer this choice of law does not deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the law of the country where you have your habitual residence.
  • 9.2 If you are a consumer you have the possibility of an alternative (out-of-court) dispute resolution in addition to your right to pursue ordinary (court) proceedings. More information on this can be found here.
  • 9.3 If you are a business customer any dispute arising out of or in connection with these T&C shall be submitted to the exclusive jurisdiction of the courts of Bolzano/Bozen (BZ, Italy). 
Version: 25 March 2020