Data Protection
Law no. 196/03 on "Privacy": Within the meaning of Art. 13 of Law no. 196 of 30.06.2003 and subsequent amendments in accordance with the European Data Protection Regulation DSGVO (EU) 679/2016 with effect from 25.05.2018 concerning the treatment of As regards personal data, the customer acknowledges that its data (name, address, VAT number, tax code, telephone number, fax, e-mail, contact persons, notes about customer calls, data on business processes {offers, orders, delivery notes, invoices }), which come into the possession of the company Komland GmbH, are managed and used by modern computer science systems, also by commissioners or external coworkers and external companies of the company Komland GmbH (eg tax consultant).
It is used only in fulfillment of the mutually agreed contractual obligations, as well as to fulfill the legal and contractual obligations and transactions of our business relationship, to make payments in accordance with our agreements and to manage the data for organizational, administrative and commercial reasons.
The data will not be used for any other purpose or made available to others for the purpose of other use.
This data is stored at Komland GmbH during the upright business relationship. As a result, customer contacts can be handled accurately and soundly even after many years. After a possible end of a business relationship, the statutory retention requirements apply. Personal customer data is only used internally at Komland GmbH and is not passed on to third parties.
The Customer is entitled to review, modify, request the deletion of such data or oppose their use, subject to the existing contractual obligation. For this purpose, the customer can send a registered letter to the company Komland GmbH, Haflingerstraße No. 12, I-39010 Hafling (BZ) or e-mail (info@komland.it).
Unless otherwise stated in writing, we consider this letter to be accepted.
GTC
GENERAL BINDING TERMS AND CONDITIONS FOR THE SALE AND RENTAL OF MACHINERY AND ACCESSORIES
1) Komland GmbH with sole shareholder reserves the right to accept the order.
2) Goods in stock will be delivered by arrangement. For goods that are not in stock, the delivery date is non-binding on the part of the seller.
3) The delivered goods remain the property of the seller until full payment has been made by the buyer. In doing so, the buyer expressly acknowledges the seller's legitimate legal claim that in the event of default, the subject matter of the contract must be refunded upon simple request.
4) Payments are only recognized if they are made to the bank account of Komland GmbH with sole shareholder.
5) If the purchase price is to be paid by means of external financing and the corresponding loan is not granted, then the agreed purchase price is owed immediately and the customary default interest according to Legislative Decree 192/2012 accrues on it.
6) The order for goods is binding for the buyer. Any withdrawal will result in the payment of a penalty in accordance with Article 1386 of the Civil Code in the amount of 20% of the sales price of the goods.
In the event of a breach of contract by the buyer (pure delay is excluded), a contractual penalty of 25% of the total purchase price (net VAT) shall be imposed at the buyer's expense within the meaning of Art. 1382 of the Civil Code, subject to the assertion of higher damages.
In the case of renting a device, the rent is owed in any case, even if the renter takes delivery of the vehicle either late or not at all. The only thing that discharges the debt is the fact that the lack of handing over is due to the fault of the landlord.
An early withdrawal by the tenant, if necessary even before the rental property is handed over, must be made in writing and requires a penalty of 4 months' rent at his expense in accordance with Art. 1386 ZGB.
7) By signing the order confirmation in question, the customer confirms that he has thoroughly examined the device for any defects and found it to be suitable for use.
8) solve et repete according to Art. 1462 of the Civil Code: Any complaints, including those relating to delivery times, do not entitle the buyer or lessee to disregard the agreed terms of payment.
If the buyer nevertheless refuses or delays payment in the event of late delivery, he forfeits his right to the granting of any agreed discount.
9) The seller or lessor grants the warranty granted by the manufacturer. The prerequisite for a grant is the correct handling of the machines by the buyer or lessee. If the conditions for warranty service are met, the parts will be replaced free of charge after inspection by the manufacturer. In any case, the guarantee is subject to the condition that the scheduled regular inspections and maintenance work have been carried out at Komland GmbH with sole shareholder in accordance with the guarantee plan.
10) In the case of the purchase of new goods with exchange of used machines, the buyer undertakes to inform Komland GmbH with sole shareholder of all defects in the exchanged goods known to him. Any defects not communicated will be repaired at the buyer's expense.
The buyer acknowledges that Komland GmbH, with its sole shareholder, is not in a position to immediately check the machine/device for the correctness of its information and at the same time admits that defects in the device may still occur after the inspection. In this respect, Komland GmbH with sole shareholder is entitled to carry out a more detailed technical inspection of the object of purchase and to notify the customer of any defects even after the actual handover of the device/vehicle up to a maximum period of 30 days. For its part, the latter undertakes to notify Komland GmbH with sole shareholder of any defects and defects without being asked.
11) In the case of the purchase of used machinery, the Buyer confirms that he has thoroughly checked the condition of the machine or equipment and confirms that it meets his needs in verified condition.
In accordance with Art. 1490, II paragraph of the Civil Code, the customer releases Komland GmbH with sole shareholder from any warranty liability for any defects, defects, malfunctions or the like in connection with the purchase of used machines. In the case of the purchase of new machinery, the buyer is not entitled to dissolution of the contract or reduction of the purchase price in the event of a defect that is not intentionally concealed within the meaning of Article 1490, II paragraph of the Civil Code, but his right to a free repair of the object of purchase of all damaged parts remains, whereby these are to be replaced with new parts without exception.
12) In the case of exchange transactions, the buyer assumes all responsibility for compliance with the legal provisions on money transfer.
13) Bolzano shall be the exclusive place of jurisdiction for legal disputes.
Within the meaning of Article 1341 of the Civil Code, the Buyer expressly declares that he has taken note of the above conditions and accepts them, in particular Articles 3 (retention of title), 6 (penalty and penalty clause), 7 (obligation to check), 8 (clause solve et repete), 10 (reservation of inspection of the used machine offered in exchange), 11 (exclusion of warranty pursuant to Article 1490, II. paragraph of the Civil Code) and 13 (competent jurisdiction).