GENERAL TERMS AND CONDITIONS FOR ONLINE SALES

General terms and conditions (as of 02/2021)

of

MAIR MAIR GmbH

Altstadt 1

39049 Sterzing (BZ)

South Tyrol – Italy

• hereinafter referred to as “Provider” –

1 Scope

(1) The services of the provider for the online shop at www.mair-mair.com and www.mair-mair.it are provided exclusively on the basis of the following general terms and conditions in the version valid at the time of ordering.

(2) Our general terms and conditions apply exclusively. Deviating terms and conditions of the customer have no validity unless we expressly agree to them.

2 Conclusion of contract

(1) Our offers on the internet represent a non-binding invitation to the customer to order goods or services. By sending the order (clicking on the “Order for a fee” button) on our website, the customer makes a binding offer for the conclusion of a contract.

(2) The confirmation of receipt of the order follows immediately after sending the order and does not yet represent acceptance of the contract. We can accept your order by sending an order confirmation by e-mail within 5 working days.

(3) When an offer is made via the provider’s online order form, the contract text is stored by the provider and sent to the customer in text form (e.g. e-mail, fax or letter) together with the existing terms and conditions after sending his order. In addition, the contract text is archived on the provider’s website and can be accessed free of charge by the customer via his password-protected customer account, provided that the customer has created a customer account in the provider’s online shop before sending his order.

(4) Before the order is placed bindingly via the provider’s online order form, the customer can correct his entries at any time using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is placed bindingly and can also be corrected there using the usual keyboard and mouse functions.

(5) The purchaser must have reached the age of 18 in order to be able to order goods from the provider. The providers do not conclude contracts with minors. The purchaser must truthfully indicate his age within the scope of the ordering process. In addition, the age of the purchaser is checked by the supplier upon delivery of the goods. The goods are handed over exclusively to the purchaser.

(6) The contract can only be concluded in German and Italian.

3 Payment, Delay

(1) The prices listed on our website at the time of order apply. All prices are inclusive of statutory value-added tax and in addition to the shipping costs listed.

(2) Payment of the purchase price is possible by prepayment, credit card, and PayPal. The following special conditions apply:

a) Advance payment by bank transfer: Payment is to be made to the account of MAIR MAIR GMBH at Südtiroler Volksbank Filiale Sterzing, IBAN: IT08O0585659110001570065002, BIC-CODE: BPAAIT2B001, with unconditional indication of the order number. If the order number is not specified, we cannot guarantee correct allocation of the order. The goods will only be shipped after receipt of the full amount. b) Online payment by credit card: Payment can be made with Visa or MasterCard. The amount to be paid will be charged upon completion of the order, and the buyer will be redirected to the payment portal. Please note that during the payment process, the payment provider may require the input of a PIN code or password for the anti-fraud system 3D-Secure procedure. If the customer does not know the PIN code or password, they must contact the relevant bank or credit card institution.

c) Payment by PayPal takes place after completion of the order, and the buyer is redirected to the PayPal payment portal.

(3) If the payment method “PayPal” is selected, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

(4) If the buyer is in default of payment, we are entitled to demand default interest of five percentage points above the base rate of the European Central Bank. In the event that we assert further damages for default, the buyer has the opportunity to demonstrate that the asserted damages have not occurred at all or have occurred to a significantly lesser extent.

4 Reservation of title

(1) In relation to consumers, the seller reserves ownership of the delivered goods until full payment of the purchase price is made.

(2) In relation to entrepreneurs, the seller reserves ownership of the delivered goods until all claims from an ongoing business relationship have been fully settled.

(3) If the customer acts as an entrepreneur, they are authorized to resell the goods subject to retention of title in the ordinary course of business. The customer assigns to the seller in advance all claims arising from this to third parties, up to the respective invoiced value (including value-added tax). This assignment applies regardless of whether the goods subject to retention of title have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller’s authority to collect the claims themselves remains unaffected. However, the seller will not collect the claims as long as the customer fulfills their payment obligations to the seller, does not default on payment, and no application for the opening of insolvency proceedings has been filed.

5 Delivery

(1) Delivery is generally made within 2 to 10 working days after payment is received by the buyer. We will notify of any deviations in delivery times on the respective product page. The beginning of the delivery time stated by us assumes the timely and proper fulfillment of the customer’s obligations, in particular the correct specification of the delivery address when placing the order. When the goods are delivered, the age of the buyer is checked by the delivery person. The goods are handed over exclusively to the buyer.

(2) Please provide the following information:

• Delivery address
• Payment method (options are prepayment via bank transfer, credit card, or PayPal)
• Confirmation that you have read and agreed to the terms and conditions outlined on the website, including information on pricing, payment, delivery, ownership retention, and default.

In terms of payment, prices listed on our website at the time of purchase apply, and include VAT and shipping costs as indicated. Payment can be made via bank transfer, credit card, or PayPal, with specific instructions provided for each method. If payment is made via bank transfer, please ensure the order number is included for proper allocation of funds. If payment is not received in full, we reserve the right to delay shipping until full payment is received.

We reserve the right to retain ownership of goods until full payment is received, with additional terms specified for business customers. Customers may resell goods if purchased for business purposes, with any resulting claims transferred to us. Delivery times vary depending on the product, with some products subject to availability. Customers will be informed of any delays or issues that may impact delivery.

If customers are unable to accept delivery, we may charge additional fees or terminate the contract. Customers may be charged interest on any payments in default. Additional terms and conditions may apply, and customers are responsible for reading and agreeing to all terms before making a purchase.

7 Warranty

If the purchased item is defective, the provisions of statutory warranty apply. The following applies:

(1) For entrepreneurs:

• A minor defect does not generally establish a claim for defects.
• The seller has the choice of the type of subsequent performance.
• For new goods, the statute of limitations for defects is one year from the transfer of risk.
• For used goods, rights and claims for defects are generally excluded.
• The limitation period does not start anew if a replacement delivery is made as part of the warranty.

(2) For consumers, the limitation period for claims for defects for used goods is one year from delivery to the customer, with the restriction of the following paragraph.

(3) The above liability limitations and limitation period reductions do not apply:

• to goods that have not been used in accordance with their usual purpose for a building and have caused its defectiveness,
• to damages arising from the violation of life, body, or health caused by intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or agent of the seller,
• to other damages caused by an intentional or grossly negligent breach of duty by the seller or an intentional or grossly negligent breach of duty by a legal representative or agent of the seller,
• in the event that the seller fraudulently concealed the defect.

(4) In addition, the statutory limitation periods for the recourse claim according to § 478 of the German Civil Code remain unaffected for entrepreneurs.

(5) If the customer is acting as a merchant according to § 1 of the German Commercial Code, he/she is subject to the commercial duty to inspect and give notice of defects according to § 377 of the German Commercial Code. If the customer fails to comply with the notification obligations regulated there, the goods are deemed approved.

(6) If the customer is a consumer, he/she is requested to complain about obvious transport damage to the carrier and notify the seller. Failure to comply with this has no effect on his/her statutory or contractual claims for defects.

8 Liability

The provider is liable to the customer for all contractual, quasi-contractual, and legal, including tortious, claims for damages and reimbursement of expenses as follows:

(1) The seller is liable without limitation for any legal basis:

• in case of intent or gross negligence,
• in case of intentional or negligent violation of life, body or health,
• under a guarantee promise, unless otherwise agreed,
• due to mandatory liability such as under the Product Liability Act.

(2) If the seller negligently violates a significant contractual obligation, the liability is limited to the typical, foreseeable damage, unless unlimited liability applies under the above paragraph. Significant contractual obligations are obligations that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely.

(3) In all other respects, the seller’s liability is excluded.

(4) The above liability regulations also apply to the seller’s liability for his/her agents and legal representatives.

9 Data protection

We treat your personal data confidentially and in accordance with the legal data protection regulations. Your data will not be disclosed to third parties without your express consent, except to the extent necessary for the performance of the contract, such as to the companies entrusted with the delivery of the goods. For more information, please refer to our privacy policy.

10 Final provisions

(1) Regardless of where the buyer is located, Italian law, excluding the UN Sales Convention, shall apply to the contract, provided that this choice of law does not result in a consumer being deprived of mandatory consumer protection laws.

(2) If the contracting parties are merchants, the court at the place of business of the respective provider shall have jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer does not have a domicile within the European Union.

(3) If any provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.

11 Information on online dispute resolution

The EU Commission provides a platform for online dispute resolution on the Internet at 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 in which a consumer is involved.