General Terms and Conditions
1. INTRODUCTION
1.1 Please carefully read our "General Terms and Conditions" before accessing and using our services through Bottega Jacobs at www.studiovilhelm.com or www.etsy.com/de/shop/ StudioVilhelm. By accessing and using the service, you agree that you have accepted our "General Terms and Conditions." These "General Terms and Conditions" apply to all visitors and other users who have registered or are using our service.
Terms
1.2 These "General Terms and Conditions" of Bottega Jacobs (managed by Paul Jacobs with registered office at Viale della Repubblica 82, 56020 Santa Maria a Monte, PI, Italy, VAT ID 02492040502), hereafter referred to as "Seller," apply to all contracts that an entrepreneur or consumer, hereafter referred to as "Buyer," concludes via the online platform Etsy (seller profile: www.etsy.com/shop/studiovilhelm, also accessible via www.studiovilhelm.com), hereafter referred to as "Etsy." The inclusion of any own or additional conditions by the buyer is hereby explicitly contradicted unless expressly agreed otherwise.
1.3 "Goods" refer to an item or service that is posted for sale on an online platform by "Bottega Jacobs." "Order" refers to a series of actions by the buyer aimed at purchasing.
1.4 The information provided by the seller on his website (seller profile: www.etsy.com/shop/ studiovilhelm, also accessible via www.studiovilhelm.com) may be incomplete. The seller reserves the right to change, supplement, or delete information, goods, and services without prior notice.
2. GOODS, ORDERS, AND PAYMENTS
2.1 By creating an item on the online platform Etsy (digital, electronic), the seller makes a binding offer to sell this item to the interested buyer. The goods presented in the seller's online store are accompanied by a brief description, price, dimensions, weight of the goods, options available at the time of ordering, delivery time, and other necessary information.
2.2 The customer can accept the seller's offer through the "Etsy Order Form." To do this, the buyer must add the specific item to the virtual shopping cart on the online platform Etsy and complete the purchase process on Etsy. By clicking or confirming to complete the order process, the buyer accepts the offer. This creates a binding contract for the purchase of the item previously selected by the buyer.
2.3 The content of the contract is secured by the seller and sent to the buyer in a timely manner after the conclusion of the contract, including current terms and conditions and information. In addition, Etsy secures contract content and stores buyer data that can be accessed by the buyer through their password-protected buyer account. Incorrect data can be updated or corrected by the buyer at any time through this customer account.
2.4 The prices for the goods in the seller's online shop are displayed by Etsy in the national currency. The charge is made through Etsy Payments and via the payment method selected by the buyer. The seller is not liable for the possible imposition of customs duties, other taxes, or fees in the buyer's country according to local laws.
2.5 Special cases in the sale of goods: In the case of the sale of goods with cultural value (according to Italian law more than 50 years old and in some cases less, regardless of price) outside Italy and the European Union, the seller must obtain an export permit from the competent Italian authorities (the permit is issued within 45-60 days). Should the state authorities deny the issuance of such a permit, the seller must inform the buyer that the purchased goods cannot be shipped, and agree with the buyer on the terms of the refund. In this case, it is considered an act of force majeure, so the customer cannot make claims against the seller, and the seller does not have to worry about fines, penalties, etc.
3. SHIPPING, IMPORT TAXES, AND CUSTOMS DUTIES
Bottega Jacobs is headquartered in Santa Maria a Monte, Italy, and all orders are shipped directly from our warehouse in Italy using national or international shipping services.
Packages typically arrive within 7 to 14 days from the date of the shipping confirmation. Shipping is free worldwide for each order.
3.1 All shipments outside of Italy are handled through various shipping providers, and a tracking number is provided with the shipping confirmation email or through Etsy.
3.2 We offer worldwide shipping, with the exception of Russia, as direct shipping to this country from Italy is not possible.
3.3 For shipments outside of Europe, import taxes and customs duties may apply. Please note that free shipping for national and international shipments does not cover these fees, and all taxes and duties levied by customs in the destination country are the responsibility of the buyer. "Bottega Jacobs" cannot control these fees or taxes, nor can we be held responsible for any actions taken by customs during delivery.
3.4 According to Italian export regulations, "Bottega Jacobs" must state the exact value of all items. For further information on taxes, duties, and customs regulations, please contact your local customs office.
3.5 Please note that customs and sales taxes are non-refundable by the seller. However, you may be able to recover these by contacting your local customs office directly.
3.6 If the recipient refuses to pay taxes and duties or rejects the delivery for another reason, the items are returned to our warehouse in Italy. Since we do not accept returns or cancellations for orders outside the European Union, we offer the buyer free storage of their item once it has been returned to us. Once the item arrives at our warehouse, "Bottega Jacobs" will promptly inform the buyer of the current shipping price and any costs incurred due to the return from the destination country. After payment of this amount, and a handling fee of up to 50€ per case and order, we prepare the package for a new delivery and send it to the buyer. Payments can be made via PayPal or international bank transfer.
3.7 In the event of reshipment of goods for reasons not caused by the seller, the buyer bears the costs and risk of loss or damage to the goods.
4. DELIVERY OF GOODS
4.1 The goods purchased by the buyer in the online shop of the seller are delivered by courier services. Based on our experience, we, "Bottega Jacobs", select a specific courier service (optimal in terms of cost and delivery).
4.2 The costs for the delivery of the goods selected by the buyer are fully covered by the seller, this applies to worldwide shipping. The delivery costs include mandatory freight insurance. Excluded is the free reshipment of the goods to the buyer if the goods are returned to the seller through no fault of the seller (3.7). For a reshipment of the goods to the buyer, we, "Bottega Jacobs", select a specific courier service based on our experience (optimal in terms of cost and delivery), 3.7.
4.3 Delivery times are guidelines and depend on the capabilities of the delivery service. The seller reserves the right to change the service or the type of delivery. Such a change does not lead to claims by the buyer against the online shop or to fines, penalties, etc. for the online shop.
4.4 The seller is not liable to the buyer for the delivery period and the quality of the services provided by the delivery service, but is always ready to work with the buyer if they make claims related to the delivery.
4.5 After handing over the goods to the delivery service, the seller and/or Etsy sends the buyer a notification with the tracking number, so the buyer can track their goods via our website or their own customer account at www.etsy.com.
4.6 The buyer undertakes to open the package in the presence of the delivery service if they notice external damage, signs of tampering, or suspicious noises inside the package. To make later insurance claims, the buyer must take photos of both the unopened damaged shipping packaging and the defect on the product. The buyer ensures that the package is intact and has no external damage, and defects on the package or the goods are noted in the shipping papers of the delivery service. The buyer's further actions in this case are described in the "Quality of Goods and Complaints" section.
5. QUALITY OF GOODS AND COMPLAINTS
Introduction
Consumers/buyers are natural persons who act for purposes that are not independent or commercial. The following right of withdrawal and the following conditions then apply:
5.1 The quality of the goods in the online shop of the seller meets the standards of the manufacturer and the laws of the country of origin of the goods.
5.2 The goods offered and sold by the seller are used goods, which can show natural signs of wear and tear and damage that do not constitute a disadvantage or defect of the goods and do not mean a reduction in the price of this product or qualify these goods for a complaint. Significant damage, signs of wear, etc. are indicated as far as possible in the product details and can be explained in more detail at the request of the buyer. The seller does not guarantee that the quality of the products, services, information, or other materials purchased or received by the buyer meets expectations or that any errors in the service will be corrected.
5.3 When purchasing used electronic items such as lamps or other electrical devices, especially if they are imported from another country, it is important to note that adjustments to local conditions may be necessary to meet safety standards and regulations. Electrical systems and standards vary from country to country, so consulting a professional is advisable to ensure that the purchased items meet local requirements and can be used safely. A professional may recommend whether and what modifications or adjustments are necessary to make the electronic items compatible with local power grids or to consider other safety-relevant aspects. It is important to emphasize that the seller is not legally permitted to provide advice or recommendations on such adjustments. This is because the seller may not have sufficient knowledge of local regulations and standards and therefore cannot offer reliable advice on this topic. Instead, it is the buyer's responsibility to inform themselves about the applicable regulations and requirements before purchasing used electronic items and to consult a professional if necessary to ensure that the purchased items meet local standards and can be used safely.
5.4 If the goods arrive damaged, which occurred during delivery (4.6), the customer must inform the seller as quickly as possible (within 48 hours) and include photos of the goods, the packaging in the unopened state, and the goods in the packaged state, as well as a document from the delivery service. Further measures are to be agreed between the seller and the buyer.
5.5 If the buyer does not receive their package within 3 weeks from the shipping date, they must inform the seller about the status of the delivery within these 3 weeks. Only packages reported as missing or lost within 3 weeks can be regulated through the completed shipping insurance. If the loss is reported later, the seller cannot be held liable for damages from the loss or for compensation claims.
5.6 If the customer has complaints about the quality of the goods (not related to damages during delivery), the customer must notify the seller of their complaints in writing by email to hello@bottegajacobs.com within 14 days of receiving the goods. The seller will review the buyer's complaints as quickly as possible and inform the buyer of their decision. In the event of a legal dispute, the seller makes every effort to settle the dispute through negotiations.
5.7 The right of withdrawal does not exist for buyers who are not a member state of the European Union at the time of conclusion of the contract and whose residence and delivery address is outside the European Union.
5.8 To exercise the right of withdrawal, the buyer must inform the seller of their decision through a clear statement. The buyer can use the attached sample withdrawal form for this purpose, although it is not prescribed. To comply with the withdrawal period, it is sufficient for the customer to send their notification of exercising the right of withdrawal before the withdrawal period expires.
5.9 The buyer observes the deadline if they return the goods before the deadline of 14 days expires. The buyer bears the immediate costs of returning the goods. Returns can only be made to the following address: Bottega Jacobs / Paul Jacobs, Viale della Repubblica 82, 56020 Santa Maria a Monte, PI, Italy
5.10 The original shipping costs are non-refundable. "Bottega Jacobs" reserves the right to reject returns that do not meet the specified requirements. If your return is rejected, the item will be returned to you at your expense and no refund will be made.
6. RETURNS AND REFUNDS OF GOODS
6.1 If the goods purchased in our online shop do not meet your expectations for any reason, you can claim them according to Italian law within the European Union and within 14 days of receipt of the goods and under the specified conditions, exchange them for other goods, or receive a refund.
6.2 Please note that the following goods cannot be returned:
• Custom-made items according to your specifications with changes to the goods
• Discounted
• Used and/or damaged after receipt
• Gift vouchers
6.3 After the seller has confirmed the procedure for the refund of the goods, the buyer can return the goods (preferably in the original packaging) with a courier service suitable for them. The shipping costs and the risk of loss or damage to the goods during transport lie solely with the buyer.
6.4 After the seller has received the goods returned by the buyer, the seller will replace the goods within 7 working days at their discretion (provided the goods are in stock) or refund the amount paid to the buyer.
7. FORCE MAJEURE
7.1 The seller cannot be held liable for non-fulfillment of its obligations to the buyer if this non- fulfillment is caused by force majeure such as war, strike (affecting the company or one of its service providers), lockout, accident, fire, snowfall, flooding, bad weather, interruption or suspension of communication and/or transport, blockade, export blockade, import or export ban, cessation of production or delivery, regulatory decision of the supervisory authority, etc.
7.2 In this case, the seller informs the buyer about the non-fulfillment of its obligations and the measures taken in this regard.
8. PROTECTION OF INTELLECTUAL PROPERTY
8.1 The content of the website www.studiovilhelm.com / www.etsy.com/shop/studiovilhelm is the intellectual property of the copyright holder.
8.2 Any reproduction, copy, imitation, publication, transmission, sale, or commercial use of one or more intellectual property rights on any medium or part thereof requires the prior written permission of the copyright holder.
9. LIMITATIONS OF LIABILITY
9.1 The service of "Bottega Jacobs" as well as its owners, managers, employees, and third parties are not liable for indirect or incidental losses, including loss of profit, data, reputation, and other intangible losses, arising from the ability or inability to use the service; any statements or actions of third parties; any information obtained through the use of the service; or unauthorized access to the service.
9.2 The service of "Bottega Jacobs", as well as its owners, managers, and employees, do not guarantee and are not responsible for the uninterrupted operation of the service, its reliability and accessibility at all times and in all places; its possible inaccuracies and errors; the service will always be free of viruses and malicious programs; the result of using the service will meet your expectations.
10. DISPUTES AND APPLICABLE LAW
10.1 All disputes and disagreements that may arise between the parties during the use of the service will be settled through negotiations. If it is not possible to settle the disputes through negotiations, the courts in Florence (Italy) will be tasked with deciding the matter.
10.2 The applicable law when using the "Bottega Jacobs" service is Italian law.
11. Withdrawal Form
If you wish to withdraw your contract, please fill out the following form and send it by mail or email to:
Bottega Jacobs / Paul Jacobs
Viale della Repubblica 82, 56020 Santa Maria a Monte, PI, Italy
Email: hello@bottegajacobs.com
I/we hereby declare that I/we revoke my/our contract for the purchase of the following goods/the provision of the following service,
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Ordered on ......................... / received on ........................ .................................................................................................................. Name of the consumer(s) / buyer(s) .................................................................................................................. Address of the consumer(s) / buyer(s) .................................................................................................................. Signature of the consumer(s) / buyer(s)
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