Terms and conditions

I.  Terms and conditions for private customers (consumers
II. Terms and conditions for business customers

I. terms and conditions for private customers (consumers)

validity of terms and conditions
these general terms and conditions of sale apply exclusively to all business relations between kunst&dünger solutions italy ltd and the customer in the form that is valid at the time the order is made. it is not necessary to agree upon the general terms and conditions of sale again. conflicting or supplementary and/or oral orders and conditions are only binding when they are confirmed in written form by kunst&dünger solutions italy ltd. 

conclusions of contract
all quotes are subject to change without notification. the indicated prices are binding until such time that they have been updated. a contract between kundstünger srl and the buyer comes about with an order placed either by fax, email or onlineshop and the following written order confirmation done by kunst&dünger solutions italy ltd. images, dimensions and weights outlined in all literature are subject to change without notice. typos, errors and technical changes excepted. 

cancellation
the customer has the right to cancel their order with an immediate notification by email or fax (+39 0473 741600) to kunst&dünger solutions italy ltd. those will confirm in writing the cancellation of the order. kunst&dünger solutions italy ltd reserves the right to cancel any orders where the buyer has an outstanding debt with the company or behaves in an unacceptable manner towards the company. 

prices
all prices, in the currency indicated, are subject to alteration and are quoted ex works. all delivery costs are additional as well as any obligatory VAT and other taxes. 

delivery
all goods ordered will be dispatched within the timeframe agreed between the buyer and kunst&dünger solutions italy ltd. all delivery costs, unless agreed differently, will always be at the buyer's expense. loss or damage in transit needs to be notified to the logistics company immediately upon reception of the goods. kunst&dünger solutions italy ltd needs to be informed only when the transport was organised by them. the transport of goods is at the buyer's risk. In the instances that ordered products are only partly available or not available at all the buyer will be informed immediately (via order confirmation or direct communication). in this case kunst&dünger solutions italy ltd reserves the right to end the contract. in case the buyer has delayed payments for previous deliveries kunst&dünger solutions italy ltd reserves the right to withhold deliveries or not to accept new orders without being liable for eventual compensation claims. 

property rights
the company kunst&dünger solutions italy ltd reserves right to ownership of all goods supplied until payment has been received in full for both current and overdue payments. 

refund policy
the buyer has the right to return all goods within 14 days after reception of goods for a refund in full. all goods returned must be in pristine condition and in the original packaging. all freight costs are at the buyer's expense except when the goods are defective. in all cases the buyer must inform kunst&dünger solutions italy ltd in writing before returning any goods. this refund policy is not valid for custom manufactured or personalised items. kunst&dünger solutions italy ltd reserves the right to decide if defective goods are to be exchanged, reproduced or credited. any claim for damages beyond the refund is excluded. 

guarantee and liability
all goods are supplied with a twenty-four month guarantee valid from the dispatch date. obvious defects need to be advised in writing to kunst&dünger solutions italy ltd within 14 days after the reception of the goods. in case of guarantee claim, kunst&dünger solutions italy ltd is free to choose if the defect can be resolved by repairing the item, a replacement delivery, a refund or a credit note. replacement deliveries are generally free. should the repairing of defects or the replacement fail to resolve the issue, the buyer is free to withdraw from the contract or to ask for a reduction in the invoiced value. requests by the buyer beyond this, especially compensation for damages, are excluded as long as the damage was not proven to be caused by kunst&dünger solutions italy ltd or contracted third parties. 

copyright
kunst&dünger solutions italy ltd reserves all copyright on all drawings, samples, pictures, concepts, graphics and any printed or electronically published material. any use of such materials is only possible with the full written agreement of kunst&dünger solutions italy ltd. before publication, either electronic or printed, a final proof must be signed off by an appropriate representative of kunst&dünger solutions italy ltd. in case of custom-made products the buyer needs to assume full liability that kunst&dünger solutions italy ltd is not infringing any rights of third parties such as property reproduction and copyright when manufacturing items on behalf of the buyer. 

act of nature beyond control
in case of force marjeure (war, natural disaster etc.) kunst&dünger solutions italy ltd is exempt of its duty to indemnity. in case the delay takes longer than 30 days the buyer is free to withdraw from the contract. further compensation of damage is excluded. 

product updates
the products supplied may vary from those illustrated in any published media. kunst&dünger solutions italy ltd reserves the right to deliver updated products. 

terms of payment
terms of payment only current published prices, at the time of order, are valid. credit card payments will be debited at the latest on the date of dispatch. changes to invoice values not approved by kunst&dünger solutions italy ltd such as unauthorized discounts etc. will remain as overdue on the buyers account. kunst&dünger solutions italy ltd reserves the right to charge interests and reminder charges on all overdue accounts and delayed payments. after the 3rd payment reminders deadline for payment has elapsed all overdue accounts will be passed to a collection agency or a legal office for settlement.
bank account details: raiffeisenkasse prad am stilfserjoch, ABI 08183, CAB 58440, k/k: 000/3031/00014, IBAN IT 25 X 08183 58440 000303100014

minimum orders
the minimum order value of goods is 25,00€ per order (transport, handling and service charges exclusive). for orders less than this minimum order value a handling charge of 10,00€ will be added. 

privacy / data protection
the buyer allocates all necessary data to transact the order. kunst&dünger solutions italy ltd guarantees that all the information collected is subject to the best possible security standards and that the all data is protected within its technical capabilities from unauthorised access by third parties. 

conclusion
if one or more of the general terms and conditions of sales, listed above, becomes void, the validity of the other terms will not be affected. the affected term will be replaced by another appropriate legal condition. the court of jurisdiction is in bolzano/bozen (I) and the italian law will be applicable. the german language version of the general terms and conditions of sale carries legal validity. 

company management
kunst&dünger solutions italy ltd is managed by the owners of kunst&dünger solutions italy ltd (zona produttiva vezzano 7, I-39028 schlanders): telephone +39 0473 741500, fax +39 0473 741600 e-mail: info@kdmarket.it 

II. terms and conditions for business customers
validity of terms and conditions
these general terms and conditions of sale apply exclusively to all business relations between kunst&dünger solutions italy ltd and the customer in the form that is valid at the time the order is made. It is not necessary to agree upon the general terms and conditions of sale again. Conflicting or supplementary and/or oral orders and conditions are only binding when they are confirmed in written form by kunst&dünger solutions italy ltd. 

conclusions of contract
all quotes are subject to change without notification. the indicated prices are binding until their update. a contract between kundstünger srl and the buyer comes into being with an order placed either by fax, email or the onlineshop and the following written order confirmation issued by kunst&dünger solutions italy ltd. images, dimensions and weight outlined in all literature are subject to change without prior notice. typos, errors and technical changes excepted. 

cancellation
the buyer has the right to cancel their order with an immediate notification by email or fax (+39 0473 741600) to kunst&dünger solutions italy ltd. those will confirm in writing the cancellation of the order. kunst&dünger solutions italy ltd reserves the right to cancel any orders where the buyer has an outstanding debt with the company or behaves in an unacceptable manner towards the company. 

prices
all prices, in the currency indicated, are subject to alteration and are quoted ex works. all delivery costs are additional as well as any obligatory VAT and other taxes. 

delivery
all goods ordered will be dispatched within the timeframe agreed between the buyer and kunst&dünger solutions italy ltd. all delivery costs, unless agreed differently, will always be at the buyer's expense. loss or damage in transit needs to be notified to the logistics company immediately upon reception of the goods. kunst&dünger solutions italy ltd needs to be informed only when the transport was organised by kunst&dünger solutions italy ltd. the transport of goods is at buyer's risk. in instances that ordered products are only partly available or not available at all, the buyer will be informed immediately (via order confirmation or direct communication). in this case kunst&dünger solutions italy ltd reserves the right to end the contract. in case the buyer‘s delayed payments for previous deliveries kunst&dünger solutions italy ltd reserves the right to hold back new deliveries or not to accept new orders without being liable for any eventual compensation. 

property rights
kunst&dünger solutions italy ltd reserves the ownership of all goods supplied until payment has been received in full for both current and overdue accounts.

refund policy
the buyer has generally the right to return goods. every return has to be authorized by Kunst&Dünger Solutions Italy GmbH in writing. Kunst&Dünger Solutions Italy GmbH reserves the right not to accept goods sent back by buyers without written authorization. all goods returned must be in pristine condition and wherever possible in the original packaging. the buyer has the responsibility to pack the returning products in the best possible manner to protect goods against damage during return shipping to Kunst&Dünger Solutions Italy GmbH. due to liability considerations the return transport has to be arranged and paid for by the buyer. Kunst&Dünger Solutions Italy GmbH reserves the right to demand fees for return handling and service. in case of defective products Kunst&Dünger Solutions Italy GmbH decides if a return of the goods is actually necessary. if so, the return transport of the defective goods will be organized by Kunst&Dünger Solutions Italy GmbH who also will assume the transport costs. nevertheless the buyer has to ensure that the returned goods are well protected during transport with appropriate packaging and wrapping. this refund policy is not valid for custom manufactured items. Kunst&Dünger Solutions Italy GmbH reserves the right to decide if defective goods are to be exchanged, produced or credited. any claim for damages for non performances etc. is excluded. 

guarantee and liability
all goods are supplied with a twelve month guarantee valid from the transfer of risk (date of delivery note). obvious defects need to be advised in writing to Kunst&Dünger Solutions Italy GmbH within 14 days after the reception of the goods. in case of a guarantee claim, Kunst&Dünger Solutions Italy GmbH has the right to choose if the defect can be resolved by the following; repairing the item(s), a replacement delivery, a refund or a credit note. replacement deliveries are generally free. should the removal of defects or the replacement fail to resolve the issue, the buyer is free to withdraw from the contract or to ask for a reduction of the invoice value. requests by the buyer beyond this, especially compensation for damages, are excluded as long as the damage was not caused by Kunst&Dünger Solutions Italy GmbH or contracted third parties with proven intent or gross negligence. 

copyright
Kunst&Dünger Solutions Italy GmbH reserves all copyright on all diagrams, samples, pictures, concepts, graphics and/or any printed or electronically published material. any use of such materials is only possible with the full written agreement of Kunst&Dünger Solutions Italy GmbH. prior to publication, either electronic or printed, a final proof must be signed of by an appropriate representative of Kunst&Dünger Solutions Italy GmbH. in case of custom made products the buyer needs to assume full liability that Kunst&Dünger Solutions Italy GmbH is not infringing any rights of third parties such as property reproduction and copyright when manufacturing items on behalf of the buyer. 

act of nature beyond control
in case of force marjeure (war, natural disaster etc.) Kunst&Dünger Solutions Italy GmbH is exempt of its duty to indemnity. in case the obstruction takes longer than 30 days the buyer is free withdraw from the contract. further compensation of damage is excluded. 

product updates
the products supplied may vary from those illustrated in any published media. Kunst&Dünger Solutions Italy GmbH reserves the right to deliver updated products. 

terms of payment
only current published prices, at the time of order, are valid. credit card payments will be debited at the date of dispatch at the latest. changes to invoice values not approved by Kunst&Dünger Solutions Italy GmbH such as non agreed discounts etc. will remain as overdue on the buyers account. Kunst&Dünger Solutions Italy GmbH reserves the right to charge interest and reminder charges on all overdue accounts and delayed payments. after the 3rd payment reminder's deadline for payment all overdue has elapsed, accounts will be passed to a collection agency or to a legal advisor for settlement. 
bank account details: raiffeisenkasse prad am stilfserjoch, ABI 08183, CAB 58440, k/k: 000/3031/00014, IBAN IT 25 X 08183 58440 000303100014

minimum orders
the minimum order value of goods is 25,00€ per order (transport, handling and service charges exclusive). for orders less than this minimum order value a handling charge of 10,00€ will be added. 

privacy / data protection
the buyer allocates all necessary data to transact the order. Kunst&Dünger Solutions Italy GmbH guarantees that all the information collected is subject to the best possible security standards and that the all data is protected within its technical capabilities from unauthorised access by third parties. 

conclusion
if one or more of the conditions listed above, becomes void, the validity of the other terms will not be affected. the affected term will be replaced by another appropriate legal condition. the court of jurisdiction is in bolzano/bozen (I) and the italian law will be applicable. the german language version of the general terms and conditions of sale carries legal validity. 

company management
Kunst&Dünger Solutions Italy GmbH is managed by the owners of Kunst&Dünger Solutions Italy GmbH (zona produttiva vezzano 7, I-39028 schlanders): telephone +39 0473 741500, fax +39 0473 741600 e-mail: info@kdmarket.it