1. Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Egig Performance S.r.l. (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 For contracts for the delivery of goods with digital elements, these GTC apply accordingly, unless otherwise stipulated. In this case, the Seller, in addition to delivering the goods, also owes the provision of digital content or digital services (hereinafter "digital products") that are included in or connected to the goods in a way that the goods cannot fulfill their functions without them.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
2. Conclusion of contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller, but rather serve as an invitation for the Customer to submit a binding offer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, the Customer, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by telephone, SMS, or e-mail.
2.3 The Seller may accept the Customer's offer within five days by:
Sending the Customer a written order confirmation or an order confirmation in text form (SMS or e-mail), with the receipt of the order confirmation by the Customer being decisive in this respect, or
Delivering the ordered goods to the Customer, with the receipt of the goods by the Customer being decisive in this respect, or
Requesting payment from the Customer after the Customer has placed the order.
If several of the aforementioned alternatives are available, the contract is concluded when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the Customer and ends on the expiration of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 When selecting the payment method "credit card payment“, the Seller declares acceptance of the Customer's offer at the time the Customer clicks the button that concludes the ordering process.
2.5 When selecting the payment method "bank transfer“, the Seller declares acceptance of the Customer's offer only once the payment has been received into the Seller's account.
2.6 When an offer is submitted via the Seller's online order form, the text of the contract is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g. e-mail or letter) after the Customer has submitted the order. The Seller does not make the contract text available beyond this. If the Customer has set up a user account in the Seller's online shop before submitting the order, the order data is archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected user account using the corresponding login data.
2.7 The contract can be concluded in Italian, German, and English.
2.8 Order processing and communication usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the Seller can be received at this address. In particular, the Customer must ensure that when using SPAM filters, all e-mails sent by the Seller or by third parties commissioned with order processing can be delivered.
3. Prices and payment conditions
3.1 Unless otherwise indicated in the seller's product description, the prices stated are total prices that include statutory value-added tax. Any additional delivery and shipping costs that may apply will be separately indicated in the respective product description.
3.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the Seller is not responsible for and which must be borne by the Customer. These may include, for example, costs for money transfer by financial institutions (e.g. transfer fees, exchange rate fees) or customs duties and taxes (e.g. customs duties). Such costs may also arise in relation to money transfers when the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
3.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.
3.4 When choosing the payment method "bank transfer“, the goods will be delivered only after receipt of the purchase price.
4. Delivery and shipping conditions
4.1 The delivery of goods is made by shipping to the delivery address specified by the Customer unless otherwise agreed. In the processing of the transaction, the delivery address specified in the Seller's order processing is decisive.
4.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the Seller had notified the Customer of the service a reasonable time in advance. This also does not apply with regard to the costs for the initial shipment if the Customer effectively exercises his right of withdrawal. For the return costs, the provisions made in the Seller's cancellation policy shall apply if the customer effectively exercises his right of withdrawal.
4.3 Self-collection is possible.
5. Retention of ownership
If the Seller makes an advance payment, he reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full.
6. Seller’s warranty
6.1 Unless otherwise stipulated in the following provisions, the statutory provisions regarding liability for defects shall apply. Deviating from this, the following shall apply to contracts for the delivery of goods:
6.2 If the Customer is acting as an entrepreneur,
the Seller has the choice of the type of subsequent performance;
the limitation period for claims for defects in new goods is one year from the date of delivery of the goods;
rights and claims for defects in used goods are excluded;
the limitation period does not begin anew if a replacement delivery is made as part of the liability for defects.
6.3 If the Customer is acting as a consumer, the limitation period for warranty claims for used goods shall be one year from the date of delivery of the goods, unless the parties have expressly and separately agreed otherwise, and the Customer has been expressly informed of the shortening of the limitation period before submitting his contractual declaration.
6.4 The limitations of liability and the shortening of the limitation period specified above shall not apply
to claims for damages and reimbursement of expenses by the Customer,
in the event of willful concealment of a defect by the Seller,
for goods that have been used in accordance with their usual intended use for a building and have caused its defectiveness,
for any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.
6.5 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.
6.6 If the Customer is a merchant within the meaning of § 1 HGB, the Customer is subject to the commercial duty to examine and give notice of defects as specified in § 377 HGB. If the Customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.
6.7 If the Customer is a consumer, the customer is requested to notify the Seller of any obvious transport damage to the delivered goods and to inform the Seller accordingly. Failure to do so will have no effect on the Customer's statutory or contractual warranty claims.
7. Applicable law
7.1 For all legal relationships between the parties, the law of the Republic of Italy shall apply, excluding the laws on the international sale of movable goods. For customers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the Customer has his habitual residence is not withdrawn.
7.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for customers who, at the time of conclusion of the contract, do not belong to any member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract is outside the European Union.
8. Jurisdiction
If the Customer is acting as a merchant, a legal entity under public law, or a special fund under public law with its registered office in Italy, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the Seller. If the Customer's registered office is outside Italy, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, in any case, the seller is entitled to invoke the court at the customer's registered office.
9. Alternative dispute resolution
9.1 The European Commission provides a platform for online dispute resolution (ODR), which can be accessed via the following link: https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
9.2 The Seller is neither obligated nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
10. Cancellation policy
Customers have a right to cancel in accordance with the following provisions, where a Customer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity.
11. Right to cancel
You have the right to cancel from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods.
To exercise your right to cancel, you must inform us (Egig Performance S.r.l., Gudon 46, 39043 Chiusa, Italy, Tel.: +39 348 3308287, E-mail: egig.orders@gmail.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or e-mail). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
12. Consequences of cancellation
If you withdraw from this contract, we shall reimburse you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen 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. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will have to bear the direct cost of returning the goods. You are 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.
13. Exclusion or premature expiry of the right to cancel
The right to cancel does not apply to customers who, at the time of conclusion of the contract, do not belong to any member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract is outside the European Union.
14. Disclaimer
The offered goods are intended exclusively for exhibition purposes and are not approved for road use. It is expressly stated that the use of the goods on public roads is strictly prohibited. Egig Performance assumes no liability for any physical or material damages that could occur to persons, vehicles, or property.