Terms & Conditions
Scope of application
1.1. These general terms and conditions of "Tuccini" (hereinafter referred to as "seller") apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "customer") concludes with the seller via the seller in his online shop. The inclusion of the customer's own terms and conditions is contradicted, unless otherwise agreed.
1.2. These terms and conditions apply accordingly to the purchase of vouchers if and unless expressly provided otherwise.
1.3. A consumer is any natural person who concludes a legal transaction for a purpose that cannot predominantly be attributed to his commercial or independent professional activity.
1.4. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
Conclusion of contract
2.1. The presentation of the goods, in particular in the online shop, does not yet constitute a binding offer from the seller.
2.2. First, the customer places the selected goods in the shopping cart. In the next step, the ordering process begins, in which all data required for order processing are recorded.
At the end of the ordering process, an overview of the order and contract data appears. Only after confirmation of this order and contract data by clicking on the button that concludes the ordering process, does the customer make a binding offer to purchase the goods in the shopping cart.
2.3. The seller accepts the customer's offer via the following possible alternatives:
- Request for payment to the customer after placing the order
or - Delivery of the ordered goods
The first alternative that occurs is decisive for the time of acceptance.
The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end 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 constitutes a rejection of the offer. The customer is then no longer bound by his declaration of intent.
2.5. The contract text of the contract concluded between the seller and the customer is stored by the seller. The contract text is stored on the seller's internal systems. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation conditions and the general terms and conditions are sent to the customer by e-mail. After completing the order, the contract text is available to the customer free of charge via his customer login, provided that the customer has opened a customer account.
2.6. All entered data is displayed before the order button is clicked and can be viewed by the customer before the order is sent and corrected by pressing the browser's back button or the usual mouse and keyboard functions. In addition, there are buttons available to the customer for correction, if available, which are labelled accordingly.
2.7. The contract language is English.
2.8. It is the customer's responsibility to provide a correct e-mail address for contacting and processing the order, as well as setting the filter functions so that e-mails relating to this order can be delivered.
Prices and payment terms
3.1. Unless otherwise agreed, the prices shown are final prices including statutory sales tax. If there are additional shipping costs, you can find them in the product description.
3.2. If delivery takes place in non-EU countries, the customer may have to pay additional duties, taxes or surcharges to the customs or tax authorities responsible there or to banks.
It is recommended that the customer inquires about the details before ordering with the respective institutions or authorities.
3.3. The customer can choose the payment methods available in the online store.
3.4. In the case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed
4. Delivery and shipping conditions
4.1. The delivery of goods by shipment takes place at the delivery address specified by the customer.
4.2. If the seller incurs additional costs by specifying an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these must be reimbursed by the customer, unless he is not responsible for the incorrect information or impossibility. . The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has announced the service in advance in an appropriate manner. The costs for sending the goods are excluded from this rule if the customer has effectively exercised his right of withdrawal. Here it remains with the statutory regulation or the seller's regulation.
4.3. Collection is not offered.
4.4. Vouchers are provided to the customer in the following form:
by email by downloading.
Right of withdrawal
5.1. If the customer is a consumer, he generally has a right of withdrawal.
5.2. The seller's cancellation conditions apply to the right of withdrawal.
Retention of title
6.1. If the seller pays a deposit, the goods remain the property of the seller until the purchase price has been paid in full.
Liability for defects
7.1. The provisions of statutory liability for defects apply to the warranty, unless otherwise agreed in these conditions.
7.2. The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. Failure to comply has no effect on the customer's statutory or contractual claims for defects.
Exemption in the event of infringement of third-party rights
If, according to the agreement, the seller is obliged to the customer not only to deliver the goods, but also to process the goods in accordance with certain specifications of the customer, the customer must ensure that the content provided to the seller for this purpose does not infringe the rights of third parties. The contracting parties agree that the customer shall indemnify the seller from claims by third parties in this regard, unless he is not responsible for the infringement. The indemnity also includes assuming the reasonable costs of the necessary legal defense, including all court and attorney fees in the statutory amount. In the event of a claim by a third party, the customer is obliged to provide the seller without delay, completely and truthfully with all information necessary for the investigation of the claims and the defense.
Redeeming campaign vouchers
9.1. Vouchers that the seller provides free of charge within the framework of (advertising) campaigns with a certain period of validity and that the customer cannot purchase ("campaign vouchers") can only be redeemed in the seller's online shop and only within the period specified by the seller.
9.2. Campaign vouchers can only be redeemed by consumers.
9.3. Individual products can be excluded from the voucher campaign.
The specific restrictions can be found on the campaign voucher.
9.4. Promotional vouchers can only be redeemed before the order process is completed. There is no subsequent calculation.
9.5. Only one promotional voucher can be redeemed per order. It is not possible to redeem multiple promotional vouchers in one order.
9.6. The value of the goods in the order in question must at least reach the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
9.7. If the value of a promotional voucher is insufficient to pay for the order in question, one of the other payment methods offered can be used to settle the difference.
9.8. The credit of a promotional voucher will not be paid out or interest will be paid.
9.9. The promotional voucher will also not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the framework of his statutory right of withdrawal.
9.10. Campaign vouchers are generally transferable.
The seller may issue a discharge to the customer who redeems the respective gift card. This does not apply if the seller has knowledge or gross negligence ignorance of any non-consent, incapacity or lack of consent of the respective owner.