All deliveries and services of Alber Wilhelm SRL, Paese 15, 39054 Soprabolzano, Renon - South Tyrol - Italy, T +39 0471345423 VAT No. 01350980213 - and the therewith associated online orders over the internet and other online services are subject to these General Terms and Conditions (GTC). Deflecting and/or complementing agreements need explicit affirmation of the executive board of Goldene Rose GmbH and have to be made in writing; the same shall apply to any waiver of this written-form requirement.
Delivery and shipping conditions and transfer of risk
The delivery of the voucher occurs either in the form of an online voucher that can be printed by the purchaser and is transferred with a forgery-proof security code. The voucher can be picked up by the purchaser or delivered by mail to the address specified by the purchaser. As the purchaser is able to print the voucher, several prints are possible, but only one thereof is valid and redeemable. If further vouchers with the same code emerge, it is considered a case of fraud, which will result in legal consequences. If a person tries to redeem multiple vouchers with the same code, there will be no entitlement to performance and/or delivery, neither will there be entitlement to compensation on the part of Alber Wilhelm SRL, even if the person redeeming the first voucher is not its legitimate owner. If someone gives out a voucher with the intention to defraud, he or she will be immediately prosecuted for forgery.
Since a voucher can be given away, Alber Wilhelm SRL is not required to validate if the redeeming person is its legitimate owner. The only things verified at the redemption are if the voucher number is in the system and whether the corresponding voucher has been paid for.
If delivery by mail to the purchaser is not possible, the commissioned shipping company shall return the order to Alber Wilhelm SRL, whereby the customer shall bear the costs for the unsuccessful delivery. This shall not apply if the purchaser is not responsible for the unsuccessful delivery attempt or if they thereby exercise their right of revocation.
Conclusion of contract in the online shop
The customer can place a binding order by ordering the chosen goods (voucher - value voucher) in the online shop by clicking the order button. If the customer orders via the online shop by clicking on the order button, the contract is concluded by clicking the “ORDER” button.
Payment, validity and use
The prices quoted by the seller are final, i.e. they include all price components, including the obligatory Italian value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description in the offer.
Invoices from Alber Wilhelm SRL have to be paid immediately and without any discount. As of the 30th day after the invoice date, Alber Wilhelm SRL is entitled to account interest of 5% for the late payment, unless they can prove the need for higher interest or the purchaser can prove a lesser charge for Alber Wilhelm SRL. The purchaser can only exercise the right of retention if it is based on the same law of contract.
When concluding contracts via the online shop, the seller offers the following payment options, unless otherwise specified in the respective product presentation in the offer:
For deliveries within Italy as well as within the EU: Prepayment by credit card
For deliveries to countries outside the European Union, additional costs may be incurred, such as additional taxes and/or duties; for example, in the form of customs duties.
Generally, the vouchers are valid one year. (The period of validity is printed on the voucher). After this period, Alber Wilhelm SRL is no longer bound to accept the voucher. Lost vouchers will neither be replaced nor will cash refunds be made for vouchers. If the value of the voucher is higher than the cost of the consumed service, Alber Wilhelm SRL agrees to grant further services for the full remaining value. In this case, there is no right for a cash payment of the remaining value of the voucher.
Alber Wilhelm SRL is not obliged to accept vouchers that have not been paid for. For operative reasons, the services connected to the voucher can only be supplied by Alber Wilhelm SRL if a correct and timely reservation has been made. This is especially true for vouchers for overnight stays and vouchers for groups. According to circumstances, the service of Alber Wilhelm SRL can slightly differ from the description on the voucher; however, this must not result in a decrease in value for the purchaser. If for any reason, Alber Wilhelm SRL closes down, the vouchers expire without a right for compensation. The same shall apply if the owner of Alber Wilhelm SRL changes. In this case, Goldene Rose GmbH is not obliged to indemnify potential losses.
Alber Wilhelm SRL has to meet the specified delivery date as far as possible. If this date is exceeded by more than six weeks, the purchaser is entitled to set an additional respite in writing, with the remark that he or she will not accept the object of after the new deadline. The new deadline has to be set at the earliest one month after the date of writing. If during this period no agreement about a new delivery date is achieved, the purchaser is entitled to resign from the contract by declaring the cancellation in written form. The purchaser has no right to compensation due to delay or impossibility of delivery. The same shall apply for claims concerning missing profits or other indirect damage.
Further claims of the purchaser – especially to deliveries – are barred. Risk and expense devolves to the purchaser as soon as the object of purchase has been handed over to the carrying business. The same shall apply if Alber Wilhelm SRL has paid for the transport expenses. Complaints concerning damage in transit have to be addressed to the carrying business within the prescribed time limit. For consignments done by the purchaser, he or she bears the complete risk, particularly the transportation risk, until the goods arrive at Alber Wilhelm SRL.
Right of withdrawal
For vouchers that have been paid and printed online, there is no right of withdrawal. Vouchers that have been bought on account can be revoked within 24 hours and have to be sent back to the exhibiting company within three days (from the date of issue).
Complaints concerning the extent of the delivery, material defects, misdeliveries and quantity deviation have to be alleged in writing immediately, at the latest one week after receipt of the product. If the complaints are justifiable, Alber Wilhelm SRL will emend the deficient delivery free of charge and, with reservations of exclusion at buyers option, replace the vouchers, take them back or grant allowance for them. If in the case of a replacement, the second compensation delivery is deficient as well, the purchaser has the right to conversion or abatement.
Privacy and data protection
The use of personal data in the online shop of the seller is in accordance with the privacy statement of Alber Wilhelm SRL, which is listed separately in the online shop.
The ineffectiveness of several items of this General Terms and Conditions (GTC) is not tangent to the effectiveness of any other items. An ineffective regulation will be replaced with a new regulation which comes as close as possible to the economic impact of the ineffective regulation. The place of fulfilment and jurisdiction for contracts, including this General Terms and Conditions (GTC), is Bolzano, Italy.