Terms Of Service
General terms and conditions of business of MAURIZIO PORTONI
scope
For the use of this website as well as the business relations between MAURIZIO PORTONI, 5408 Ennetbaden, and their customers, the following general terms and conditions (GTC) apply in the currently valid version. The offer on this website is exclusively for customers with Swiss domicile.
The customer is any natural and legal person who maintains business relations with MAURIZIO PORTONI. The terms and conditions, the terms of delivery and payment as well as the data protection regulations can be adjusted from time to time. MAURIZIO PORTONI requests that you carefully read these terms and conditions every time you visit the website and every product order.
These terms and conditions apply exclusively. Contrary, supplementary or deviating terms of these General Terms and Conditions require the express written confirmation by MAURIZIO PORTONI The customer confirms the use of this website and / or when ordering a goods order, to fully recognize these terms and conditions including delivery and payment conditions.
Should individual provisions of these General Terms and Conditions prove to be invalid or unenforceable, or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
The operator of this Internet site is MAURIZIO PORTONI.
Information on this website
MAURIZIO PORTONI contains information on products and services. Price and assortment changes as well as technical changes are reserved. All information on www.MAURIZIO PORTONI.com (product descriptions, illustrations, films, mass, weights, technical specifications, accessories and other information) are only to be understood as approximate values and do not constitute a guarantee of properties or guarantees, unless explicitly different . MAURIZIO PORTONI makes every effort to provide the correctness, completeness, correctness and completeness of the information provided on this site, neither of which is expressly or implied by MAURIZIO PORTONI. All offers on this website are considered to be free of charge and are not to be understood as a binding quotation.
MAURIZIO PORTONI can not guarantee that the products listed are available at the time of ordering. Therefore, all information on availability and delivery times are without guarantee and are subject to change without notice.
Prices
The prices of MAURIZIO PORTONI include, unless otherwise stated, the statutory value-added tax, any applicable recycling fees (VRG) and copyright fees for electronic devices. The prices are net in EURO.
Any shipping costs will be charged separately, unless otherwise stated, and must be paid by the customer. Shipping costs are separately indicated in the ordering process.
We reserve the right to make technical changes, mistakes and printing errors, in particular MAURIZIO PORTONI may make price changes at any time without prior notice. There are no consultancy and support services included in sales prices.
Conclusion of contract
The offers on this website represent a non-binding invitation to the customer to order products and / or services from MAURIZIO PORTONI. By ordering through this website, including the acceptance of these terms, the customer makes a legally binding offer for the conclusion of the contract. MAURIZIO PORTONI then sends an automatic "order confirmation" by e-mail confirming that the customer's offer has been received by MAURIZIO PORTONI. Conducted orders are binding for the customer. Unless stated otherwise, there is no right of return or withdrawal.
The contract is concluded as soon as MAURIZIO PORTONI sends an acceptance declaration by e-mail, in which the dispatch of the ordered products or services is confirmed.
Orders are delivered only after complete payment (exception: delivery against invoice) and if the goods are available. If MAURIZIO PORTONI is entitled to withdraw from the entire contract or from a contract part after conclusion of the contract that the ordered goods can not be delivered or not completely delivered. If payment has already been received by MAURIZIO PORTONI, the payment will be refunded to the customer. If no payment has been made, the customer is exempted from payment. MAURIZIO PORTONI shall not be obliged to make a substitute delivery in the case of a cancellation of the contract.
Payment and retention of title
Accommodation and retention of title
The customer has the payment options indicated in the order process.
MAURIZIO PORTONI reserves the right to exclude customers from individual payment options or to make advance payments without specifying reasons.
MAURIZIO PORTONI may charge default interest of 5% per year as well as a reminder fee of CHF 20.- per reminder.
The products delivered to the customer remain the property of MAURIZIO PORTONI until complete payment.
Delivery, test obligation, notification of defect and return
The deliveries will be sent by post or courier service to the address specified by the customer in the order. The invoice is sent by email or by post. The shipping and handling of the goods shall be transferred to the customer as far as is legally permissible.
If the delivery is not deliverable or if the customer refuses to accept the delivery, MAURIZIO PORTONI may terminate the contract by sending an e-mail to the customer and setting an appropriate deadline, as well as invoicing the costs for the sales.
The customer is obliged to inspect the delivered goods immediately upon receipt of the delivery and to make any defects, for which MAURIZIO PORTONI guarantees, immediately in writing by letter or email to the address in the imprint.
Returns to MAURIZIO PORTONI are made at the account and risk of the customer. The customer has to send the original goods, complete with all accessories, together with the delivery note and a detailed description of the deficiencies to the return address given by MAURIZIO PORTONI in the imprint.
If MAURIZIO PORTONI shows that the goods do not show any defects or are not covered by the manufacturer 's warranty, MAURIZIO PORTONI may charge the customer for any inconvenience, return or disposal.
Right of revocation
A right of withdrawal is granted to the customer during 10 calendar days after receipt of the goods. The deadline is deemed to be met if the customer submits the written cancellation by email or letter (see imprint) within the deadline to MAURIZIO PORTONI. The revocation does not require justification.
The exercise of the right of revocation leads to a reversal of the contract. The customer must return the goods in original packaging within 10 calendar days, complete with all accessories and together with the delivery note to the return address given by MAURIZIO PORTONI in the imprint. Returns to MAURIZIO PORTONI are made at the account and risk of the customer. Any payment already made will be refunded to the customer within 20 calendar days, as long as MAURIZIO PORTONI has already returned the goods or the customer can provide proof of shipment.
MAURIZIO PORTONI reserves the right to demand appropriate compensation for damages, excessive wear or loss of value due to improper handling and to deduct the value reduction from the purchase price already paid or to charge the customer.
No right of revocation is granted in the following cases:
If the contract has a random element, in particular because of the price fluctuations on which the provider has no influence.
• If the contract relates to a movable object which is not capable of being returned or rapidly spoiled because of its nature;
• If the contract is subject to a movable object, which is manufactured according to the requirements of the consumer or is clearly tailored to personal needs;
• If the contract is subject to digital content and such content is not made available on a fixed medium or if the contract has been fully complied with by both contracting parties,
• If the contract is a service and the contract has to be fully fulfilled by the supplier with the prior express consent of the consumer before the withdrawal period has expired.
• In the areas of accommodation, transport, delivery of food and drink, and recreational activities, where the provider undertakes to provide the services at a given time or within a specified period during the contract conclusion.
Warranty
MAURIZIO PORTONI endeavors to deliver goods in perfect quality. MAURIZIO PORTONI assumes the warranty for defects and functionality of the item acquired by the customer during the statutory warranty period of usually two years from the date of delivery. It is at the discretion of MAURIZIO PORTONI to provide warranty by free repair, equivalent replacement or by refund of the purchase price. Further claims are excluded.
The warranty does not cover the normal wear and tear as well as the consequences of improper handling or damage by the customer or third parties as well as defects due to external circumstances. The guarantee for consumables and wear parts (eg batteries, accumulators, etc.) is also taken away.
MAURIZIO PORTONI makes it impossible to give assurances or guarantees for the topicality, completeness and correctness of the data as well as for the permanent or undisturbed availability of the website, its functionalities, integrated hyperlinks and other content. In particular, no guarantee is given or guaranteed that the use of the website does not violate the rights of third parties which are not owned by MAURIZIO PORTONI.
liability
MAURIZIO PORTONI excludes all liability, regardless of its legal basis, as well as damages claims against MAURIZIO PORTONI and any auxiliary persons and vicarious agents. MAURIZIO PORTONI shall not be liable for any indirect, consequential, incidental, consequential, incidental or consequential damages resulting from the use of the Site. This is subject to a more stringent statutory liability, for example for gross negligence or unlawful intent.
MAURIZIO PORTONI uses hyperlinks only for the simplified access of the customer to other web sites. MAURIZIO PORTONI can neither know the content of these websites in detail, nor assume liability or any other responsibility for the content of these websites.
data protection
MAURIZIO PORTONI may process and use the data included in the contract to fulfill the obligations arising from the purchase contract, as well as for marketing purposes. The data necessary for the performance of the service can also be passed on to authorized service partners (logistics partners) or other third parties.
The other data protection regulations are available under the following link: Data protection
Further instructions
MAURIZIO PORTONI expressly reserves the right to amend these Terms and Conditions at any time without notice.
In the case of disputes, only material Swiss law shall be applied, with the exclusion of conflict-of-law standards. The United Nations Convention on Contracts for the International Sale of Goods (CISG, Wiener Kaufrecht) is explicitly excluded.
The court of jurisdiction is Ennetbaden, insofar as the law does not provide for compelling jurisdictions.
Contact mauro@maurizioportoni.com
If you have any questions concerning these terms, please contact: Maurizio Portoni GmbH, Limmauatweg 18c, CH-5408 Ennetbaden
Ennetbaden, 02.02.2017