Terms and conditions
1-st area of application
1.1. These general terms of business count to all declarations of intention, contracts and contractual or similar actions of the company “Goldsmiths Peter Geier " with her customers (in the following "customer" called). From these conditions divergent terms of business of the customer find no application. Counterconfirmations of the customer with reference to his own commercial terms and/or shopping terms is expressly contradicted; these will not become a component of arrangements, unless, the conditions by the company “Goldsmiths Peter Geier” in writing confirmed.
1.2. These general terms of business count from first-time inclusion also to all future legal shops of the parties. Later changes can occur in accordance with from figure 19.
2. Contract
End information in catalogs and on the website of the company “Goldsmiths Peter Geier” show no obliging contract offer. The customer delivers an obliging offer for the end of a bill of sale with his order. The company “Goldsmiths Peter Geier” can accept this offer within two weeks by an explicit explanation. Sending the ordered product or a calculation to the customer is on a par with an explicit notice of acceptance.
3. Prices, forwarding expenses, less amounts and amount tolerance.
3.1. Provided that no other prices were agreed in writing as a fixed price with the company “Goldsmiths Peter Geier”, the topical prices count during the day of the delivery.
3.2. All prices as well as information to costs and fees get on plus the sales tax valid in the delivery date.
3.3. All topical prices, costs and fees as well as the terms of delivery and terms of business in her version topical in each case are retrievable under www.goldschmiede-geier.com or are sent if requested.
4. Payment
4.1. The customer has to pay the possibility, the ordered product by bank credit transfer (with cash in advance) or against cash payment with direct collection.
5. Terms of delivery
5.1. Provided that no divergent terms of delivery are agreed in writing, the company “Goldsmiths Peter Geier” delivers ordered goods immediately, at the latest however, within 14 days after contract end, with cash in advance within 14 days after entrance of the payment. The term of delivery is kept if the product has left the camp within this term.
5.2. The customer has to put to the company “Goldsmiths Peter Geier” with excess of the term of delivery an adequate extension.
6. Non-delivery by presuppliers
6.1. If the ordered object or temporarily not is not available, the company “Goldsmiths Peter Geier” will inform the customer over here immediately after the order as well as in the future at regular intervals. Up to selfsupply by the presupplier the company “Goldsmiths Peter Geier” is released from the achievement duty, unless, the company “Goldsmiths Peter Geier” has to represent the non-delivery by the presupplier.
6.2. In case of the resignation paid amounts are already immediately refunded on the purchase price. A pity claims for damages of the customer are excluded, unless, the company “Goldsmiths Peter Geier” has to represent the non-delivery by the presupplier.
7. Place of fulfillment and delivery
7.1. Place of fulfilment is the seat of the company “Goldsmiths Peter Geier”.
7.1.2. For the security of the transport risk the deliveries are automatically transport-insured at the expenses of the customer. The insurance costs are depending on goods net value and are charged to the customer with the ordered product. By the assurance paid amounts are immediately credited to the customer of the company “Goldsmiths Peter Geier”.
7.2. To the view, on test or for other reasons on loan delivered objects are delivered to the customer on his danger and remain with this on his danger. The customer is responsible for the sachgemäße use, the accidental setting and the accidental deterioration.
7.3. If the customer orders several articles which can be sent in the absence of immediate delivery not together, the company “Goldsmiths Peter Geier” delivers the goods according to availability in two part deliveries, unless, the partial delivery is because of a functional connection the article or for other reasons recognizably not from interest in the customer. The forwarding expenses according to figure 3.2 are calculated to the customer only once.
7.4. The delivery occurs by post or forwarding agency. If the ordered product is delivered by forwarding agency, the delivery occurs up to front door. Further transport achievements can be agreed with the carrier; through this attacking additional costs are paid by the customer directly to the carrier.
7.5. If the customer does not resell the product in the form delivered to him, he can the dispatch packaging which is not licensed by the binary system of Italy to the company “Goldsmiths Peter Geier”. The customer carries the costs of the return.
8. Decrease and decrease delay
The customer is obliged to the decrease. If the customer does not take the product also after adequate extension, the company “Goldsmiths Peter Geier” is entitled to demand damage substitute at the rate of 20% of the agreed price, unless, the customer proves that only a lower damage has originated to the company “Goldsmiths Peter Geier”. The costs for refused or not fetched broadcastings are charged to the customer.
9. Investigation and rebuke duty
9.1. The customer is obliged to examine the product immediately on receipt of and if a lack appears to do announcement to the company “Goldsmiths Peter Geier” immediately. If the customer omits from the announcement, the product counts as approved, unless, it concerns a lack which was not recognizable with the investigation. If such lack appears later, this must be immediately indicated after the discovery, otherwise the product also counts in view of this lack as approved.
9.2. The fault rebuke has to occur in writing and is to be provided with a concrete fault description.
The term to the fault rebuke amounts 48 hours since preservation of the product, with concealed defects 48 hours since discovery of the lack, unless, the customer proves that he was not able for the observance of the term also after proper commercial way.
9.3. Externally recognizable damages of the transport packaging as well as on these damages in transit being based recognizable damages of the product must be noted on the shipping note of the forwarding agency or on the light of delivery and be confirmed and be indicated within 48 hours under taking of the note in writing of the company “Goldsmiths Peter Geier”, with it the company “Goldsmiths Peter Geier” on his part the obligation of registration from the transport assurance (figure 7.1.2.) can follow.
10. Guarantee
10.1. The guarantee term amounts a year from delivery of the thing. §479 Civil Code remains untouched.
10.2. In case of a lack of the thing the customer of the company “Goldsmiths Peter Geier” has to put an adequate term to the subsequent performance. The company “Goldsmiths Peter Geier” is entitled, which to refuse elective form of the subsequent performance from the customer if of such type of the subsequent performance is connected with disproportionate costs.
This is in particular the case if the costs of the subsequent performance the value of the purchase thing, it was free of lack, exceed or the costs of the subsequent performance the amount exceed around which the lack diminishes the value of the purchase thing or the other is more favorable than the form elective by the buyer of the subsequent performance and signifies for the buyer no considerable disadvantages. In this case the guarantee claim of the buyer limits itself in the other kind of the subsequent performance. If the other kind of the subsequent performance is also connected with disproportionate costs, the company “Goldsmiths Peter Geier” can refuse the subsequent performance all together.
10.3. By delivery of used goods guarantee claims are excluded for defects of the purchase thing as well as claims to damage substitute on the basis of defects of the purchase thing, unless, the company “Goldsmiths Peter Geier” has hid the lack cunningly or has taken over a guarantee for the state of the thing. used goods in this sense are also goods which were reworked by the company “Goldsmiths Peter Geier” and were renewed.
10.4. Guarantee or guarantee claims do not exist for defects which are based on operating errors as well as interventions or repair by the customer or not from the company “Goldsmiths Peter Geier” authorized third.
This also counts with natural wear, temperature influence and effects of the weather as well as by use of inexpedient accessories, unless, the company goldsmiths Peter Geier has to represent these effects.
10.5. Figure 17 with the possible specification counts to the return of defective goods that the company “Goldsmiths Peter Geier” is not entitled to hold out an offense of the customer against the RMA guidelines to the guarantee right of the customer.
11. Liability
11.1. A pity claims for damages because of duty injury and from unauthorised action as well as claims to substitute of vain expenditures are excluded compared with the company “Goldsmiths Peter Geier” as well as towards his fulfilment assistants and assistants, unless, the damage was caused deliberately or roughly negligently.
11.2. This restriction does not count by the injury of contract-essential duties as well as for personal damages and for damages which are based on the absence of an assured quality or for which a liability according to the product liability law is planned.
11.3. Not predictable damages and lack secondary damages are excluded from the liability, unless, the damage was caused deliberately.
11.4. Because of blameless mistakes and misprints or transmission mistakes which entitle the company “Goldsmiths Peter Geier” to the challenge customer cannot assert as a result of the challenge.
11.5. In any case, the liability is limited by the company “Goldsmiths Peter Geier” after the height on the double of the value of the respective purchase object.
12. Retention of title
12.1. The delivered product remains up to entire payment of the purchase price a property of the company “Goldsmiths Peter Geier”.
In addition, the company “Goldsmiths Peter Geier” reserves itself the property in the delivered product up to fulfilment of all demands already resulted at the time of the completion of the contract including all demands from connection orders and repeat orders (in the following "whole demand" called).
12.2. The customer already resigns now all demands which he acquires from a wide disposal against his buyer, protection-half by full height to the company “Goldsmiths Peter Geier”. The customer is authorized until revoked for the collection of these demands. Of the company “Goldsmiths Peter Geier” the collection authorization will only recant and draw the resigned demands itself if the customer with his bills of debt gets compared with the company “Goldsmiths Peter Geier” in delay or is put application for opening of the insolvency procedure about the property of the customer.
12.3. The company “Goldsmiths Peter Geier” is obliged to release in this respect the existing securities by request of the customer when her value exceeds the whole demand about more than 20%. The choice of the securities to be released stands in the judgement of the company goldsmiths Peter Geier.
12.4. The company “Goldsmiths Peter Geier” is entitled with the contracts with which the delivered product stands under retention of title to the resignation if the buyer gets with the purchase price payment or a whole demand of more than 250.00 € in delay. This right to rescind is limited to contracts with which the value of the delivered product amounts to maximum 120% of the whole demand.
13. Compensation ban, retention right
13.1. The customer is not entitled to the compensation, unless, the counterclaims are not denied by the company goldsmiths Peter Geier or are ascertained legally.
13.2. The customer cannot assert a retention right.
14. Data protection
14.1. The company goldsmiths Peter Geier uses the data informed by the customers like name, address, telephone number, fax number and e-mail address merely for the winding up of the order and other contractual relations with the customer.
14.2. Information and data of the customer to his purchase behavior and to his customs of utilization is used by the company “Goldsmiths Peter Geier” exclusively for the generation and care of personalized web pages within the scope of the Internet offer of the company goldsmiths Peter Geier.
14.3. The company “Goldsmiths Peter Geier” informs the customer herewith about the fact that the company goldsmiths Peter Geier reserves itself for the purpose of the contract realization, in particular for account purposes, to instruct third with the collection of demands and the data necessary for this to the commissioned third, so far necessary also internationally to give change. In this case the company “Goldsmiths Peter Geier” obliges the third to the observance of the data protection-juridical restrictions.
15. Data security
15.1. The customer is responsible for the security of his data himself. With repair orders or rebuildings and extensions from to the company “Goldsmiths Peter Geier” to handed over devices the customer has to carry out an entire protection of the data continuance on external memory media by own staff at own expenses chronologically immediately before realization of the works by the company goldsmiths Peter Geier.
15.2. The company “Goldsmiths Peter Geier” takes over no guarantee for the security and the continuance of the data and no liability for the loss or the damage from data or data supplies. A guarantee is not taken over also if was expressly agreed to lay special value on the data security.
15.3. A pity claims for damages because of the partial or whole destruction of data of the customer are excluded, unless, the customer proves to the company goldsmiths Peter Geier coarse carelessness or intention with the contact with the data.
16. Legal venue
Legal venue is Meran.
This also counts to the case that the seat or the usual place of residence of the customer is moved after contract end from the area of application of the civil action order or is unknown at the time of a complaint elevation.
17. Changes
The company “Goldsmiths Peter Geier” is entitled to changes of these general terms of business with effect for the future. The changes become effective if the general terms of business are included in her changed form in a legal business. They become also effective if the company goldsmiths Peter Geier points to the changes, the customer the changes to the knowledge can take and does not contradict these within two weeks after access of the change communication. For the case of the contradiction the company “Goldsmiths Peter Geier” reserves itself the ending of the business connection.
18. Final regulations
18.1. Verbal arrangements and other arrangements of the parties are effective only if they are confirmed by the company “Goldsmiths Peter Geier” in writing. This also counts to the agreement of renouncing the written form.
18.2. Should one or several regulations of these general terms of business be ineffective or become, so remain the contract as well as the terms of business, for the rest, efficiently. The customer and the company “Goldsmiths Peter Geier” undertake to substitute for the suitable regulation with regulations which correspond to the contract purpose economically.
18.3. It finds exclusively the right of Italy application. The validity of the UN-purchase right as well as the Italian international private law is excluded.
State October, 2007
1.1. These general terms of business count to all declarations of intention, contracts and contractual or similar actions of the company “Goldsmiths Peter Geier " with her customers (in the following "customer" called). From these conditions divergent terms of business of the customer find no application. Counterconfirmations of the customer with reference to his own commercial terms and/or shopping terms is expressly contradicted; these will not become a component of arrangements, unless, the conditions by the company “Goldsmiths Peter Geier” in writing confirmed.
1.2. These general terms of business count from first-time inclusion also to all future legal shops of the parties. Later changes can occur in accordance with from figure 19.
2. Contract
End information in catalogs and on the website of the company “Goldsmiths Peter Geier” show no obliging contract offer. The customer delivers an obliging offer for the end of a bill of sale with his order. The company “Goldsmiths Peter Geier” can accept this offer within two weeks by an explicit explanation. Sending the ordered product or a calculation to the customer is on a par with an explicit notice of acceptance.
3. Prices, forwarding expenses, less amounts and amount tolerance.
3.1. Provided that no other prices were agreed in writing as a fixed price with the company “Goldsmiths Peter Geier”, the topical prices count during the day of the delivery.
3.2. All prices as well as information to costs and fees get on plus the sales tax valid in the delivery date.
3.3. All topical prices, costs and fees as well as the terms of delivery and terms of business in her version topical in each case are retrievable under www.goldschmiede-geier.com or are sent if requested.
4. Payment
4.1. The customer has to pay the possibility, the ordered product by bank credit transfer (with cash in advance) or against cash payment with direct collection.
5. Terms of delivery
5.1. Provided that no divergent terms of delivery are agreed in writing, the company “Goldsmiths Peter Geier” delivers ordered goods immediately, at the latest however, within 14 days after contract end, with cash in advance within 14 days after entrance of the payment. The term of delivery is kept if the product has left the camp within this term.
5.2. The customer has to put to the company “Goldsmiths Peter Geier” with excess of the term of delivery an adequate extension.
6. Non-delivery by presuppliers
6.1. If the ordered object or temporarily not is not available, the company “Goldsmiths Peter Geier” will inform the customer over here immediately after the order as well as in the future at regular intervals. Up to selfsupply by the presupplier the company “Goldsmiths Peter Geier” is released from the achievement duty, unless, the company “Goldsmiths Peter Geier” has to represent the non-delivery by the presupplier.
6.2. In case of the resignation paid amounts are already immediately refunded on the purchase price. A pity claims for damages of the customer are excluded, unless, the company “Goldsmiths Peter Geier” has to represent the non-delivery by the presupplier.
7. Place of fulfillment and delivery
7.1. Place of fulfilment is the seat of the company “Goldsmiths Peter Geier”.
7.1.2. For the security of the transport risk the deliveries are automatically transport-insured at the expenses of the customer. The insurance costs are depending on goods net value and are charged to the customer with the ordered product. By the assurance paid amounts are immediately credited to the customer of the company “Goldsmiths Peter Geier”.
7.2. To the view, on test or for other reasons on loan delivered objects are delivered to the customer on his danger and remain with this on his danger. The customer is responsible for the sachgemäße use, the accidental setting and the accidental deterioration.
7.3. If the customer orders several articles which can be sent in the absence of immediate delivery not together, the company “Goldsmiths Peter Geier” delivers the goods according to availability in two part deliveries, unless, the partial delivery is because of a functional connection the article or for other reasons recognizably not from interest in the customer. The forwarding expenses according to figure 3.2 are calculated to the customer only once.
7.4. The delivery occurs by post or forwarding agency. If the ordered product is delivered by forwarding agency, the delivery occurs up to front door. Further transport achievements can be agreed with the carrier; through this attacking additional costs are paid by the customer directly to the carrier.
7.5. If the customer does not resell the product in the form delivered to him, he can the dispatch packaging which is not licensed by the binary system of Italy to the company “Goldsmiths Peter Geier”. The customer carries the costs of the return.
8. Decrease and decrease delay
The customer is obliged to the decrease. If the customer does not take the product also after adequate extension, the company “Goldsmiths Peter Geier” is entitled to demand damage substitute at the rate of 20% of the agreed price, unless, the customer proves that only a lower damage has originated to the company “Goldsmiths Peter Geier”. The costs for refused or not fetched broadcastings are charged to the customer.
9. Investigation and rebuke duty
9.1. The customer is obliged to examine the product immediately on receipt of and if a lack appears to do announcement to the company “Goldsmiths Peter Geier” immediately. If the customer omits from the announcement, the product counts as approved, unless, it concerns a lack which was not recognizable with the investigation. If such lack appears later, this must be immediately indicated after the discovery, otherwise the product also counts in view of this lack as approved.
9.2. The fault rebuke has to occur in writing and is to be provided with a concrete fault description.
The term to the fault rebuke amounts 48 hours since preservation of the product, with concealed defects 48 hours since discovery of the lack, unless, the customer proves that he was not able for the observance of the term also after proper commercial way.
9.3. Externally recognizable damages of the transport packaging as well as on these damages in transit being based recognizable damages of the product must be noted on the shipping note of the forwarding agency or on the light of delivery and be confirmed and be indicated within 48 hours under taking of the note in writing of the company “Goldsmiths Peter Geier”, with it the company “Goldsmiths Peter Geier” on his part the obligation of registration from the transport assurance (figure 7.1.2.) can follow.
10. Guarantee
10.1. The guarantee term amounts a year from delivery of the thing. §479 Civil Code remains untouched.
10.2. In case of a lack of the thing the customer of the company “Goldsmiths Peter Geier” has to put an adequate term to the subsequent performance. The company “Goldsmiths Peter Geier” is entitled, which to refuse elective form of the subsequent performance from the customer if of such type of the subsequent performance is connected with disproportionate costs.
This is in particular the case if the costs of the subsequent performance the value of the purchase thing, it was free of lack, exceed or the costs of the subsequent performance the amount exceed around which the lack diminishes the value of the purchase thing or the other is more favorable than the form elective by the buyer of the subsequent performance and signifies for the buyer no considerable disadvantages. In this case the guarantee claim of the buyer limits itself in the other kind of the subsequent performance. If the other kind of the subsequent performance is also connected with disproportionate costs, the company “Goldsmiths Peter Geier” can refuse the subsequent performance all together.
10.3. By delivery of used goods guarantee claims are excluded for defects of the purchase thing as well as claims to damage substitute on the basis of defects of the purchase thing, unless, the company “Goldsmiths Peter Geier” has hid the lack cunningly or has taken over a guarantee for the state of the thing. used goods in this sense are also goods which were reworked by the company “Goldsmiths Peter Geier” and were renewed.
10.4. Guarantee or guarantee claims do not exist for defects which are based on operating errors as well as interventions or repair by the customer or not from the company “Goldsmiths Peter Geier” authorized third.
This also counts with natural wear, temperature influence and effects of the weather as well as by use of inexpedient accessories, unless, the company goldsmiths Peter Geier has to represent these effects.
10.5. Figure 17 with the possible specification counts to the return of defective goods that the company “Goldsmiths Peter Geier” is not entitled to hold out an offense of the customer against the RMA guidelines to the guarantee right of the customer.
11. Liability
11.1. A pity claims for damages because of duty injury and from unauthorised action as well as claims to substitute of vain expenditures are excluded compared with the company “Goldsmiths Peter Geier” as well as towards his fulfilment assistants and assistants, unless, the damage was caused deliberately or roughly negligently.
11.2. This restriction does not count by the injury of contract-essential duties as well as for personal damages and for damages which are based on the absence of an assured quality or for which a liability according to the product liability law is planned.
11.3. Not predictable damages and lack secondary damages are excluded from the liability, unless, the damage was caused deliberately.
11.4. Because of blameless mistakes and misprints or transmission mistakes which entitle the company “Goldsmiths Peter Geier” to the challenge customer cannot assert as a result of the challenge.
11.5. In any case, the liability is limited by the company “Goldsmiths Peter Geier” after the height on the double of the value of the respective purchase object.
12. Retention of title
12.1. The delivered product remains up to entire payment of the purchase price a property of the company “Goldsmiths Peter Geier”.
In addition, the company “Goldsmiths Peter Geier” reserves itself the property in the delivered product up to fulfilment of all demands already resulted at the time of the completion of the contract including all demands from connection orders and repeat orders (in the following "whole demand" called).
12.2. The customer already resigns now all demands which he acquires from a wide disposal against his buyer, protection-half by full height to the company “Goldsmiths Peter Geier”. The customer is authorized until revoked for the collection of these demands. Of the company “Goldsmiths Peter Geier” the collection authorization will only recant and draw the resigned demands itself if the customer with his bills of debt gets compared with the company “Goldsmiths Peter Geier” in delay or is put application for opening of the insolvency procedure about the property of the customer.
12.3. The company “Goldsmiths Peter Geier” is obliged to release in this respect the existing securities by request of the customer when her value exceeds the whole demand about more than 20%. The choice of the securities to be released stands in the judgement of the company goldsmiths Peter Geier.
12.4. The company “Goldsmiths Peter Geier” is entitled with the contracts with which the delivered product stands under retention of title to the resignation if the buyer gets with the purchase price payment or a whole demand of more than 250.00 € in delay. This right to rescind is limited to contracts with which the value of the delivered product amounts to maximum 120% of the whole demand.
13. Compensation ban, retention right
13.1. The customer is not entitled to the compensation, unless, the counterclaims are not denied by the company goldsmiths Peter Geier or are ascertained legally.
13.2. The customer cannot assert a retention right.
14. Data protection
14.1. The company goldsmiths Peter Geier uses the data informed by the customers like name, address, telephone number, fax number and e-mail address merely for the winding up of the order and other contractual relations with the customer.
14.2. Information and data of the customer to his purchase behavior and to his customs of utilization is used by the company “Goldsmiths Peter Geier” exclusively for the generation and care of personalized web pages within the scope of the Internet offer of the company goldsmiths Peter Geier.
14.3. The company “Goldsmiths Peter Geier” informs the customer herewith about the fact that the company goldsmiths Peter Geier reserves itself for the purpose of the contract realization, in particular for account purposes, to instruct third with the collection of demands and the data necessary for this to the commissioned third, so far necessary also internationally to give change. In this case the company “Goldsmiths Peter Geier” obliges the third to the observance of the data protection-juridical restrictions.
15. Data security
15.1. The customer is responsible for the security of his data himself. With repair orders or rebuildings and extensions from to the company “Goldsmiths Peter Geier” to handed over devices the customer has to carry out an entire protection of the data continuance on external memory media by own staff at own expenses chronologically immediately before realization of the works by the company goldsmiths Peter Geier.
15.2. The company “Goldsmiths Peter Geier” takes over no guarantee for the security and the continuance of the data and no liability for the loss or the damage from data or data supplies. A guarantee is not taken over also if was expressly agreed to lay special value on the data security.
15.3. A pity claims for damages because of the partial or whole destruction of data of the customer are excluded, unless, the customer proves to the company goldsmiths Peter Geier coarse carelessness or intention with the contact with the data.
16. Legal venue
Legal venue is Meran.
This also counts to the case that the seat or the usual place of residence of the customer is moved after contract end from the area of application of the civil action order or is unknown at the time of a complaint elevation.
17. Changes
The company “Goldsmiths Peter Geier” is entitled to changes of these general terms of business with effect for the future. The changes become effective if the general terms of business are included in her changed form in a legal business. They become also effective if the company goldsmiths Peter Geier points to the changes, the customer the changes to the knowledge can take and does not contradict these within two weeks after access of the change communication. For the case of the contradiction the company “Goldsmiths Peter Geier” reserves itself the ending of the business connection.
18. Final regulations
18.1. Verbal arrangements and other arrangements of the parties are effective only if they are confirmed by the company “Goldsmiths Peter Geier” in writing. This also counts to the agreement of renouncing the written form.
18.2. Should one or several regulations of these general terms of business be ineffective or become, so remain the contract as well as the terms of business, for the rest, efficiently. The customer and the company “Goldsmiths Peter Geier” undertake to substitute for the suitable regulation with regulations which correspond to the contract purpose economically.
18.3. It finds exclusively the right of Italy application. The validity of the UN-purchase right as well as the Italian international private law is excluded.
State October, 2007
