Terms of service

of the company KOHL Bergapfelsäfte, with registered office at Hauptstraße 35, 39054 Unterinn am Ritten (BZ), Italy, VAT No. IT 02386690214, registered in the Companies Register of the Bolzano Chamber of Commerce, administrative-economic index (REA) No. BZ - 175773, e-mail address: kohl@kohl.bz.it, tel.: +39 0471 359442, represented by its legal representative Thomas Kohl.

Table of Contents

1. Scope of Application
2. Contracting Parties
3. Conclusion of Contract
4. Sale Prices & Shipping
5. Payment Methods
6. Right of Withdrawal
7. Limitation of Liability
8. Customer Service & Warranty
9. Obligations of the Buyer
10. Dispute Resolution
11. Place of Jurisdiction
12. Applicable Law and Statutory References
13. Final Provisions

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1. Scope of Application

The following terms of sale apply to all contracts concluded between KOHL Bergapfelsäfte and its customers regarding the supply of goods and the provision of related services. They also apply to all future business relationships, even if they are not expressly referred to. Any deviating general terms and conditions of the customer that KOHL Bergapfelsäfte does not expressly recognise in writing shall not be binding on it.

2. Contracting Parties

Under this contract, KOHL Bergapfelsäfte sells and you purchase, by means of distance selling, the products listed and offered for sale on www.kohl.bz.it. The essential characteristics of the products are described on the product pages at www.kohl.bz.it.

3. Conclusion of Contract

You must review these general terms and conditions "online" before completing the ordering process. Submitting your order therefore presupposes your full knowledge of these terms and their complete acceptance.

When you submit confirmation of your order by electronic means, you undertake to accept without reservation the terms of sale and payment described below and to comply with them in your business dealings with us; you declare that you have reviewed and accepted all the information provided by us pursuant to the aforementioned provisions, and you further acknowledge that KOHL Bergapfelsäfte is not bound by any terms to the contrary unless agreed in writing in advance.

We undertake to deliver the selected products – insofar as they are available – against payment of the corresponding amount.

All orders are submitted to us by you by completing the specified ordering process.

4. Sale Prices & Shipping

The product prices stated on www.kohl.bz.it are expressed in euros and include statutory VAT.

The order is deemed accepted by us only once we send you an order confirmation by e-mail. The contract is concluded at the place where the registered office of KOHL Bergapfelsäfte is located.

The total cost of shipping to your address is borne by you, except in cases of exceptions and deviations that are announced accordingly on www.kohl.bz.it and/or communicated by e-mail. In any case, the costs will be communicated to you before confirmation of the order.

We send you the products selected and ordered in accordance with the modalities described in the preceding articles by means of trusted freight forwarders or courier services to the delivery address specified by you.

The delivery time is normally 3–5 days. PLEASE NOTE! Due to restrictions on the part of the courier, delays in delivery may occur.

Shipping costs may vary depending on the selected destination country and are governed as follows:

Shipping within Italy

• For orders with a goods value of € 74.00 or more, we deliver free of shipping charges.
• For orders up to € 74.00, a shipping contribution of € 7.90 is charged.
• There is no minimum order value.

Shipping to remote locations and smaller islands within Italy

For deliveries to certain remote locations as well as to smaller islands within Italy, an additional shipping contribution is charged. The corresponding shipping costs are calculated automatically at checkout on the basis of the delivery address and are displayed before completion of the order.

• For a goods value up to € 74.00, the shipping costs amount to € 7.90 + € 15.00.
• For a goods value above € 74.00, only the surcharge of € 15.00 is charged.

Shipping to Austria and Germany

• For orders with a goods value of € 99.00 or more, we deliver free of shipping charges.
• For orders up to € 99.00, a shipping contribution of € 9.90 is charged.
• There is no minimum order value.

International shipping

• For deliveries abroad, we do not offer free shipping.
• The shipping contribution is calculated per 17.50 kg as follows:

Country	Shipping costs (per 17.50 kg)
Poland, France, Slovenia, Czech Republic, Belgium, Netherlands, Luxembourg, Hungary, Spain, Slovakia, Estonia, Latvia, Lithuania	€ 14.90
Croatia, Greece, Romania, Denmark, Finland, Sweden, Ireland, Bulgaria	€ 19.90

5. Payment Methods

Payment can be made as an online payment by credit card or PayPal.

The subsequent issuance of invoices is not possible. To receive an invoice, a valid VAT identification number must be provided at the time of ordering.

6. Right of Withdrawal

The right of withdrawal applies only to the products referred to in Legislative Decree No. 206 of 6 September 2005.

For products for which the right of withdrawal is not excluded, you may withdraw from the concluded contract without penalty and without giving reasons within 14 (fourteen) days of receipt of the ordered goods.

If you wish to exercise your right of withdrawal, you must inform us of your decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post to KOHL Bergapfelsäfte, Hauptstraße 35, 39054 Unterinn am Ritten, or e-mail: kohl@kohl.bz.it). You may use the attached model withdrawal form for this purpose, although its use is not mandatory.

Model Withdrawal Form

To meet the withdrawal deadline, it is sufficient that you send your notification concerning the exercise of the right of withdrawal before the withdrawal period expires.

The return of the goods must take place without delay and in any case no later than 14 (fourteen) days from the date on which you notified us of your decision to withdraw from the contract. You are liable for any diminished value of the goods where such diminished value results from handling the goods other than what is necessary to establish their nature, characteristics and functioning.

In the cases expressly provided for under Art. 59 of Legislative Decree No. 206/2005, you cannot assert a right of withdrawal.

When exercising the right of withdrawal in accordance with the provisions of Art. 59 of Legislative Decree No. 206/2005, you bear the costs directly associated with returning the goods to KOHL Bergapfelsäfte.

You will be reimbursed for all amounts already paid, including delivery costs. The reimbursement will be made without delay and in any case within 14 (fourteen) days from the date on which we were informed of your decision to exercise the right of withdrawal, using the same means of payment that you used for the original transaction. However, we may withhold reimbursement until we have received the goods back or until you have provided evidence that you have sent back the goods.

Upon receipt of the notification in which you inform us of the exercise of the right of withdrawal, the contracting parties are released from their respective obligations; the provisions of this article remain unaffected.

7. Limitation of Liability

We accept no liability whatsoever if the goods are delivered late or not at all where this is attributable to events of force majeure, such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods or other comparable events that wholly or partially prevent the timely performance of the contract.

You cannot hold us liable for operational disruptions or interruptions beyond our control in connection with the use of the internet, except in the case of intent or gross negligence on the part of KOHL Bergapfelsäfte.

We are not liable to contracting parties or third parties for damages, losses and costs resulting from non-performance of the contract for the reasons stated above.

We are not liable for any fraudulent and unlawful use of credit cards or other means of payment by third parties in paying for the ordered products, provided we can demonstrate that we took all possible precautions in accordance with the current state of knowledge and experience and with due care.

8. Customer Service & Warranty

We distribute only high-quality products. For questions, complaints or suggestions, you can reach us from Monday to Friday, 8:00 a.m. to 5:00 p.m., by telephone at +39 0471 359442 and by e-mail at kohl@kohl.bz.it. To ensure prompt handling of questions, complaints or suggestions, you should describe the issue as precisely as possible and, where applicable, provide your order number, customer number, etc.

In the event of conformity defects, the provisions on the statutory warranty obligation pursuant to Legislative Decree No. 206 of 6 September 2005 apply.

The warranty applies only to the products referred to in Legislative Decree No. 206 of 6 September 2005.

9. Obligations of the Buyer

You undertake to pay the purchase price for the ordered goods within the period and in the form specified in the contract.

You are strictly prohibited from entering false and/or fabricated and/or fictitious data when registering via the relevant online form. For personal details and the e-mail address, only your own genuine data may be provided, and not those of third parties or fictitious persons. You therefore assume full liability for the accuracy and truthfulness of the information provided in the registration form to complete the ordering process. You are solely responsible for entering the data correctly.

10. Dispute Resolution

The EU has set up an online portal to help dissatisfied customers. For complaints about goods or services that you have purchased from us via the internet, you can find a neutral dispute resolution body at the following address http://ec.europa.eu/consumers/odr in order to reach an out-of-court settlement. We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board. Nevertheless, we are in principle willing to participate in a dispute resolution procedure before a consumer arbitration board.

11. Place of Jurisdiction

In the event of disputes arising from or in connection with this contract, the contracting parties shall jointly endeavour to reach a fair and amicable solution.

If a dispute cannot be settled amicably, it shall, in accordance with Art. 66-bis of Legislative Decree No. 206/05, be submitted to the court in whose district you have your place of residence, provided this is located on Italian territory; if the buyer is not an end consumer, it is agreed that, notwithstanding the provisions on territorial jurisdiction, the court of Bolzano shall have exclusive jurisdiction over all disputes.

12. Applicable Law and Statutory References

This contract is governed by Italian law.

Unless expressly stipulated otherwise herein, the statutory provisions applicable to the business relationships and transactions provided for in this contract shall apply, and in any case the provisions of the Italian Civil Code and of Legislative Decree No. 206 of 6 September 2005 (Consumer Code).

13. Final Provisions

This contract cancels and replaces all previous written and oral agreements, arrangements and negotiations of the contracting parties concerning the same subject matter of this contract.

The possible invalidity of individual provisions shall not affect the validity of the contract as a whole.

These general terms and conditions were drawn up in Italian and German. The contracting parties agree that, in the event of difficulties of interpretation, the Italian-language text shall be regarded as authentic and binding.