General Terms and Conditions of Platinlux GmbH for Deliveries within the Scope of Distance Contracts via the Internet
1. Scope and effectiveness of the general terms and conditions
These present general terms and conditions apply exclusively to the supply of goods within the framework of a distance contract in accordance with Regulation No. 206/2005 of the legislative decree. The order via the internet becomes legally valid only after "Platinlux GmbH" has confirmed the acceptance of the order to the buyer's email address. By placing an order, the customer fully accepts these general terms and conditions. Amendments and supplementary agreements to these terms and conditions require written confirmation by authorized representatives of "Platinlux GmbH" for their validity and apply only to the individual business case.
2. Data protection - Privacy
Your data will be processed in accordance with Regulation No. 196 of June 30, 2003 (Data Protection Code). Responsible for the data processing is "Platinlux GmbH" with headquarters in I-39014 Burgstall (BZ), Romstrasse No. 116. You can download the complete clarification as well as the rights of the data subject as a PDF document.
The offered prices include the legal value-added tax; however, they do not include the shipping costs, which the buyer must bear. The price valid at the time of the order is binding. "Platinlux GmbH" reserves the right to change prices without prior notice.
4. Payment conditions
Unless otherwise agreed, payment is made in advance by bank transfer, PayPal, or credit card. If payment is not made within the agreed payment period, the customer is automatically considered to be in default and is obliged to pay default interest in accordance with Regulation No. 231/2002. "Platinlux GmbH" is entitled to suspend its contractual obligations until the ordered goods are fully paid (Article 1460 Civil Code), without any claims for damages of any kind from the customer.
5. Retention of title
"Platinlux GmbH" retains ownership of the goods until full payment is received. In case of payment default, "Platinlux GmbH" is entitled to withdraw from the purchase contract and reclaim the goods. The customer is not authorized to pass on the goods to third parties, pledge them, or transfer them as security until full payment is made. It is also prohibited to grant any other rights to third parties regarding the goods. Compulsory enforcement measures and other actions by third parties affecting the legal position of "Platinlux GmbH" with regard to the goods subject to retention of title must be immediately reported by the customer to both the third party and "Platinlux GmbH". In case of breach of this reporting obligation, the customer is liable to "Platinlux GmbH" for damages.
6. Costs and delivery conditions
Delivery is made from the warehouse of "Platinlux GmbH" in I-39014 Burgstall (BZ) to the delivery address specified by the customer during the order process, using courier services and/or postal services. The delivered goods must be promptly inspected for completeness and damage upon receipt. In case of suspected transport damage and/or missing items, this must be promptly communicated to "Platinlux GmbH" in writing, and the original packaging should be retained. Binding delivery dates must be agreed upon in writing. If the buyer, after the delivery has already been delayed, sets a reasonable delivery deadline, "Platinlux GmbH" is entitled to withdraw from the purchase contract free of charge after this deadline expires. Claims for damages due to non-performance are only applicable to the buyer if the delivery delay is attributable to intent or gross negligence. If necessary, "Platinlux GmbH" is also entitled to make partial deliveries. The indicated delivery times (working days) on the product pages are indicative. The legally prescribed delivery time for all products is 30 days. After this period, the customer can set another deadline. "Platinlux GmbH" reserves the right to withdraw from the purchase contract without the right to compensation in case of non-compliance with delivery deadlines .
The customer is obligated to immediately inspect the goods upon delivery for any obvious defects that would be readily apparent to an average user (in the respective professional category). Obvious defects, especially significant, easily visible damage or functional defects of the goods, must be reported in writing to "Platinlux GmbH" within 8 days of delivery, specifying the alleged defect. For defects that are not obvious, the aforementioned period starts upon discovery, and the complaint must be submitted in writing, specifying the defect.
If the obligation to inspect and report is violated, the goods are considered approved in the condition they are in. Regarding the complaint period and warranty period, the statutory provisions applicable in Italy always apply. In the case of justified and timely defect complaints, the buyer has the choice to either terminate the contract or demand a reduction of the price. Notwithstanding the above provisions, it is emphasized that, with regard to contractual relations between "Platinlux GmbH" and customers not considered consumers, Art. 1470 et seq. of the Civil Code, if applicable, shall apply.
In relation to customers who are legally considered consumers, Articles 1519 et seq. of the Civil Code apply, and the aforementioned inspection and complaint obligation as well as the statutory reporting period must also be observed.
In the case of defects reported within the prescribed period and in any case within the statutory warranty period, the customer can request free repair or replacement within a reasonable period. These remedies cannot be claimed if they are objectively impossible and/or associated with excessive costs for "Platinlux GmbH".
Compensation for consequential and other direct damages is excluded. This includes, among other things, damages caused by improper assembly or handling of the goods.
If the warranty process is conducted by "Platinlux GmbH" in a more lenient manner, the disputed product and/or component will be sent to the manufacturer. Repair or replacement depends on the manufacturer's recognition of the complaint. "Platinlux GmbH" reserves the right to replace the complained components themselves; however, the customer does not have a legal claim to this procedure.
If the customer submits allegedly defective products to "Platinlux GmbH" and it turns out during testing that they function properly, "Platinlux GmbH" is authorized to charge the customer for the incurred testing costs.
8. Right of withdrawal
If the customer is a consumer (end-user) in the legal sense (Legislative Decree No. 206/2005), they can withdraw from the contract within the legally prescribed period of 14 (fourteen) days from receiving the ordered goods or from receiving the partial delivery by sending an email ([email protected]). If the withdrawal is not made by email, it is the customer's responsibility to prove that the withdrawal was made within the deadline. A condition for the validity of this withdrawal is that the goods are in unused and resalable condition, returned within 14 days from the notice of withdrawal, in the original packaging and an additional, sturdy packaging. The consumer is liable for any diminished value of the goods resulting from handling them in a way that was not necessary to examine their nature, properties, and functioning. The costs of the return are borne exclusively by the customer, as explicitly provided by Regulation No. 205/2006. If the returned goods are damaged during return transportation, "Platinlux GmbH" reserves the right to deduct the resulting decrease in value from the refund of the purchase price.
Consequences of withdrawal:
If you withdraw from this contract, we shall reimburse you for all payments received from you, including delivery costs (except for the additional costs arising from your choice of a type of delivery other than the standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Unless otherwise contractually agreed, the right of withdrawal is excluded according to Legislative Decree No. 206 of September 6, 2005:
- if the service has commenced with the consumer's consent before the withdrawal period has expired,
- for goods or services whose price is subject to market fluctuations that the selling company cannot control,
- for custom-made goods or products that cannot be returned due to their nature or that would perish,
- for products that are exclusively produced in a specific version upon customer request,
- if sealed audiovisual products or software have been opened by the buyer;
- for newspapers, magazines.
For goods that are impaired by signs of wear or whose packaging is damaged, "Platinlux GmbH" charges a reasonable fee for the decrease in value, provided that the prior contract withdrawal by the customer has been accepted by "Platinlux GmbH." The right of withdrawal, in any case, only applies to distance selling; products that are picked up directly from "Platinlux GmbH" are excluded.
9. Returns of goods
For the return of goods, the buyer requires a Return Number (RNR), which will be provided by "Platinlux GmbH" upon exercising the right of withdrawal, and a copy of the purchase receipt or delivery note. The buyer bears the costs and risks of returns. Incorrect deliveries will only be accepted in undamaged, unopened, unmarked, and unlabelled original packaging. The RNR must be clearly noted on the copy of the purchase receipt or delivery note.
Returns within the warranty period will only be accepted if the description of the defect has been communicated in advance. "Platinlux GmbH" reserves the right to perform a product inspection; if goods are returned as defective or faulty without justification during the warranty period, additional costs plus shipping costs for the inspection may be charged.
"Platinlux GmbH" reserves the right to replace a returned defective product with an identical or equivalent product, repair it, or issue a credit. Returns made based on a withdrawal must be made and documented no later than one day after the withdrawal is made.
For sold products, the warranty conditions of the respective manufacturer apply. Service and warranty services for these products are provided by the manufacturers and carried out at their service centers. Liability of the legal representatives and employees of the seller towards the buyer is excluded except in cases of intent and gross negligence. Unless otherwise indicated, the manufacturer's warranty is 2 (two) years.
11. Jurisdiction and applicable law
The place of jurisdiction is the registered office of "Platinlux GmbH," unless the other contracting party does not qualify as a consumer in the legal sense. In the latter case, the place of jurisdiction is determined by the statutory provisions. The aforementioned jurisdiction agreement applies to all disputes of a pecuniary nature arising indirectly and/or directly from the contractual relationship. However, "Platinlux GmbH" expressly reserves the right to take legal action against the customer at their general place of jurisdiction.
Italian law applies to all contractual relationships between "Platinlux GmbH" and the customer.
12. Delivery time
The delivery time for all products is 30 working days, unless a longer period is explicitly stated for the product. If a shorter delivery time is indicated, it is indicative and may potentially be exceeded.
If any provision of this agreement is or becomes ineffective in whole or in part, the effectiveness of the remaining provisions shall not be affected. Instead, a replacement provision that corresponds to the purpose of the agreement or at least approximates it shall apply in place of the ineffective provision, which the parties would have agreed upon to achieve the same result if they had known the provision's ineffectiveness. The same applies to the incompleteness of the provisions.
Errors, technical inaccuracies, and typographical errors are reserved.
"Platinlux GmbH" assumes no responsibility for the content and links of linked websites.
In case of discrepancies between the German and Italian versions of the general terms and conditions, the German text is binding.