Terms of Use
GENERAL CONDITIONS FOR ONLINE SALES
EFFECTIVE DATE: JULY 14TH, 2022
These Terms and Conditions of Use (hereinafter “Terms”) govern your use of our website and/or online shop. By accessing this website and/or online shop we assume you accept these terms and conditions in full. By signing up or otherwise using Moving on Stone website and/or online shop.
Moving on Stone, with its registered office at Pianizza di Sopra 67, 39052 Caldaro (BZ), Italy, VAT No. 03028440216, registered at the Chamber of Commerce 03028440216,(hereinafter: "we") operates an online platform (hereinafter: “Moving on Stone") consisting of the website and online shop www.movingonstone.com.
Your agreement with us includes these Terms and Conditions of Use (“Terms”) and our Privacy Policy (hereinafter “Agreements” if referred to together).
1 PROVISIONS ONLINE SHOP
1.1 Scope of application:
1.1.1 These Terms govern all contracts between Moving on Stone as Seller and the Buyer, as defined below, concluded via the online shop www.movingonstone.com/shop.
1.1.2 “Buyer is the natural or legal person who places the Order as defined below. By placing the Order, Buyer represents to be legally competent and that the data provided are correct.
1.2 Conclusion of the contract:
1.2.1 The order placed by Buyer constitutes a binding offer for the conclusion of a contract (the “Order”).
1.2.2 A contract is concluded only once Moving on Stone as Seller expressly accepts the Order or impliedly through delivery of the ordered goods (the “Order Confirmation”).
1.3 Prices and Payment:
1.3.1 The prices are those quoted in the Online Shop at the time the Order is placed and include VAT (the "Prices"). Seller reserves the right to change the Prices without notice.
1.3.2 Without prejudice to any laws or regulations providing otherwise, VAT-free deliveries within the European Union require disclosure of Buyer’s VAT registration number at the time the Order is placed as well as the delivery to an address outside Italy.
1.3.3 Payment shall be made through the means expressly indicated in the Online Shop.
1.3.4 Credit Cards and PayPal: Receipts are issued automatically to the Buyers E-mail address when payments are made via the shop website; this acknowledges payment;
If a more detailed receipt is required, this must be requested within 14 days of payment.
1.4 Delivery and Risk:
1.4.1 Delivery shall be made to the delivery address within the European Union indicated by Buyer (the "Delivery"). Deliveries outside the European Union require a distinct agreement between Moving on Stone as Seller and Buyer.
1.4.2 Unless the parties have agreed otherwise on the time of delivery, Moving on Stone as Seller should endeavour to deliver the goods within 30 days from the conclusion of the contract.
1.4.3 Should the goods be unavailable for any reason whatsoever, Moving on Stone as Seller shall inform Buyer within 30 days from the conclusion of the contract and reimburse Buyer for any payments made.
1.4.4 The risk passes to Buyer when the goods are handed over to the first carrier. If, however, Buyer is a consumer pursuant to applicable mandatory consumer protection laws, the risk passes to Buyer once Buyer acquires, or a third party other than the carrier indicated by Buyer acquires, physical possession of the goods.
1.5 Right of Withdrawal
1.5.1 If Buyer is a consumer pursuant to applicable mandatory consumer protection laws, Buyer has the right to withdraw from the contract within 14 days without giving any reason.
1.5.2 The withdrawal period will expire after 14 days from the date on which Buyer acquires, or a third party other than the carrier and indicated by Buyer acquires, physical possession of the goods.
1.5.3 In order to exercise your right of withdrawal, Buyer must contact Moving on Stone as Seller by means of a clear explanation about its decision to revoke from the contract.
- By letter via ordinary post to Moving on Stone, Pianizza di Sopra 67, 39052 Caldaro (BZ), Italy
- By e-mail by clicking here.
Buyer may use the sample withdrawal form. In this case, we will send you a confirmation of receipt of your revocation. To meet the withdrawal deadline, it is sufficient for Buyer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
1.5.4 If Buyer withdraws from this contract, Moving on Stone as Seller shall reimburse to Buyer all payments received from Moving on Stone as Seller, including the costs of delivery (with the exception of the supplementary costs resulting from Buyer’s choice of a type of delivery other than the least expensive type of standard deliver offered by Moving on Stone as Seller), without undue delay and in any event no later than 14 days from the day on which Moving on Stone as Seller is informed about Buyer’s decision to withdraw from the contract. Moving on Stone as Seller will carry out such reimbursement using the same means of payment as Buyer used for the initial transaction, unless Buyer has expressly agreed otherwise; in any event, Buyer will not incur any fees as a result of such reimbursement.
1.5.5 Moving on Stone as Seller may withhold reimbursement until Moving on Stone as Seller has received the goods back or Buyer have supplied evidence of having sent back the goods, whichever is the earliest.
1.5.6 Unless Moving on Stone as Seller has expressly offered to collect the goods, Buyer shall send back the goods or hand them over to Moving on Stone as Seller without undue delay and in any event no later than 14 days from the day on which Buyer communicates its withdrawal from the contract to Moving on Stone as Seller. The deadline is met if Buyer sends back the goods before the period of 14 days has expired.
1.5.7 Buyer will have to bear all the direct costs of returning the goods, including shipping costs and customs fees.
1.5.8 Buyer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
1.6 Guarantee and Liability:
1.6.1 Buyer is reminded of the existence of a legal guarantee of conformity for goods.
1.6.2 Any information on goods, prices and services are subject to change and are not binding until the Confirmation Order has been submitted to Buyer. Product images do not always correspond to the actual design and appearance of the delivered goods. Liability of Moving on Stone as Seller shall be excluded also in case of errors in writing, printing or typing.
1.6.3 Any liability of Moving on Stone as Seller is limited to wilful misconduct or gross negligence and is categorically excluded if poor, or lack of, performance is caused by force majeure, third parties or cas fortuit.
1.6.4 Any mandatory consumer rights remain unaffected.
2 RIGHTS WE GRANT YOU
2.1 Unless otherwise stated, Moving on Stone and/or it’s licensors own the intellectual property rights for all material on Moving on Stone. All intellectual property rights are reserved. You may view and/or print pages from www.movingonstone.com for your own personal use subject to restrictions set in these terms and conditions.
3 LICENSE AND ACCESS
3.1 Moving on Stone grants you a limited license to access and make personal use of the Moving on Stone Electronic Platforms and not to download (except for page caching required by your browser) or modify the Moving on Stone Electronic Platforms, or portions thereof, except with the express written consent of Moving on Stone.
Accordingly, you acknowledge and agree that Moving on Stone does not transfer to you or anyone else any ownership interest or title of property or intellectual property in and on the Moving on Stone Electronic Platforms(or portions thereof).
3.2 You may print and download materials and information from the Moving on Stone Electronic Platforms solely for your personal use, provided that all copies include any copyright and any applicable notices contained in such materials and information. However, this license does not include any resale or commercial use of the Moving on Stone Electronic Platforms or their contents; any collection and use of product listings, descriptions, or prices; any use derivative of the Moving on Stone Electronic Platforms or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders, or similar data gathering and extraction tools.
3.3 The arrangement, formatting and appearance of content and access privileges for the Moving on Stone Electronic Platforms will be as specified by Moving on Stone in its sole discretion. In addition, you acknowledge and agree to the following: (i) Moving on Stone has the right to control and manage the means, ways, and methods by which the Moving on Stone Electronic Platforms are provided; (ii) Moving on Stone may from time to time employ independent vendors, consultants, or subcontractors to support Moving on Stone in the provision of the Moving on Stone Electronic Platforms or their use; and (iii) Moving on Stone has the right to provide the Moving on Stone Electronic Platforms to others.
3.4 Regardless of the license granted herein, neither the Moving on Stone Electronic Platforms nor any part thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for commercial reasons without the express written consent of Moving on Stone. You may not use frames or framing techniques to embed trademarks, logos, or other information (including images, text, page layouts, or forms) owned by Moving on Stone and our affiliates without the express written consent of Moving on Stone. Any unauthorized use will result in termination of the permission or license granted by Moving on Stone.
3.5 You are granted a limited, revocable, and non-exclusive right to create a hyperlink (using only the basic characters for Moving on Stone's domain address to any Moving on Stone page provided that the link does not describe Moving on Stone or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or graphic or trademark owned by Moving on Stone as part of the link without express written consent.
3.6 Registration as a user for access to certain areas of the Moving on Stone Electronic Platforms or as a result of recurring visits or purchases may require both a username and password and adherence to other specific access requirements outlined by Moving on Stone. Only one user may use one username and password and, therefore, one account. Restricting access helps prevent unauthorized use by other people, institutions, or entities because anyone who possesses knowledge of their username and password can access restricted sections of the Moving on Stone Electronic Platforms and their account. Therefore, through your use of the Moving on Stone Electronic Platforms, you agree to consider your username and password confidential. You will immediately contact Moving on Stone if you become aware of any loss or theft of your password or unauthorized use of your username or password. Moving on Stone will not be liable for those losses or damages that arise from your failure to comply with these obligations. Moving on Stone reserves the right to delete or change a user name or password at any time and for any reason.
4 THIRD PARTY APPLICATIONS
4.1 The Moving on Stone website and/or online shop is integrated with third-party applications, websites, and services (hereinafter “Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Moving on Stone does not endorse and is not responsible or liable for the behaviour, features, or content of any Third Party Applications or for any transaction you may enter into with the provider of any such Third Party Applications.
5 DISCLAIMER
5.1 To the extent that the website and/or online shop and the information and services on the website and/or online shop are provided free of charge, we will not be liable for any loss or damage of any nature.
6 AMENDMENT OF THE TERMS
6.1 Moving on Stone reserves the right to amend these Terms at any time without giving reasons. When using the Moving on Stone website and/or online shop, consent to the amended Terms shall be deemed to have been given.
7 MISCELLANEOUS
7.1 In the case that individual provisions of these Terms be or become invalid, the remaining provisions shall remain unaffected.
7.2 These Terms and all legal relationships and disputes between you and Moving on Stone shall be governed exclusively by Italian law. The UN Convention on Contracts for the International Sale of Goods shall not apply.
7.3 The place of performance and exclusive jurisdiction for all disputes shall be Bolzano, Italy.