Terms and conditions
1. These General Terms and Conditions for the Online Shop form an integral element of all purchase contracts concluded between a private consumer ( referred to as "Customer") and Toytrains di Luca Micheli referred to as "Toytrains di Luca Micheli") via the Toytrains di Luca Micheli Online Shop.mIf orders for deliveries are received from outside Italy, Toytrains di Luca Micheli will check in each individual case whether the order will be accepted. The Customer will be informed promptly about Toytrains di Luca Micheli's decision in this respect.
2. The presentation of products on the Internet is not deemed to constitute an offer from Toytrains di Luca Micheli for the conclusion of a contract, but is only intended to provide the Customer with information. Any order placed by a Customer with Toytrains di Luca Micheli is deemed to be an offer to conclude a purchase contract. After having placed an order, the Customer will receive from Toytrains di Luca Micheli, by e-mail, either a confirmation of the order or a notification that the product is not available in full or in part or that Toytrains di Luca Micheli does not accept an order received from outside Italy. A confirmation of an order issued by Toytrains di Luca Micheli is not deemed to constitute acceptance of the Customer's offer. The only purpose of such a notification is to inform the Customer that the order has been received by Toytrains di Luca Micheli. f none of the ordered products is available, or Toytrains di Luca Micheli does not accept an order for deliveries to a place outside Italy, no contract will be deemed to have been concluded. If some of the products ordered are not available, a contract for the available products will be concluded in accordance with no. I. 3 if the Customer can be reasonably expected to accept such partial delivery.
3. A contract with Toytrains di Luca Micheli will only be deemed to have been concluded if Toytrains di Luca Micheli accepts the Customer's offer by shipping the products to the stated delivery address.
II. Prices and Payment
1. Toytrains di Luca Micheli's prices are gross prices and are stated in Euro.
2. When deliveries are made to countries whose official currency is not the Euro, the prices and all other costs will be converted to the respective national currency by the credit card company appointed by the Customer.
3. Additional shipping costs will be incurred in addition to the prices charged for deliveries within Italy. These costs can be seen on our web Site.
4. For deliveries to destinations outside Italy additional shipping costs will be incurred as described on our web Site In addition to the stated prices and shipping costs, the Customer will bear any taxes, fees, customs duties and other levies payable in connection with any exportation of goods from Italy and importation to the respective country. The Customer is also solely responsible for determining the amount of such taxes, fees, customs duties and other levies.
5. Only the methods of payment specified in connection with the placement of an order will be accepted. The Customer may choose from any of the specified methods of payment. Various maximum amounts will apply depending on the chosen method of payment or the delivery destination.
6. The Customer's payment will be effected via a third party. More detailed information in this respect is available for customer’s in our Web Site
7. The purchase price becomes due and payable when a contract is concluded. If the Customer is in default on payment, Toytrains di Luca Micheli will be entitled to demand default interest at a rate of 5%. Toytrains di Luca Micheli's right to claim any higher damage will not be affected thereby.
8. Customers are only entitled to set-offs if and to the extent that their counter-claims are found to be legally valid by a court, are undisputed and acknowledged by Toytrains di Luca Micheli.
9. Customers are only entitled to make any retentions if their counter-claims are based on the same purchase contract.
III. Cautioning on Rights of Withdrawal
1. Rights of Withdrawal
The Customer may withdraw its declaration of intention to conclude a contract, within one month in writing (e.g. by letter, fax or email) or by shipping the goods back to Toytrains di Luca Micheli without being required to state any reasons. This one-month deadline commences at the earliest when the goods and a separate notice in writing about this right of withdrawal are received. The timely forwarding of the notification of withdrawal or of the goods will be deemed to be sufficient to comply with this deadline for withdrawals. Notifications of withdrawal or shipments of goods are to be sent to:
Toytrains di Luca Micheli
Via Antonio Locatelli, 45 24121 Bergamo (Italy)
2. Consequences of Withdrawals
In the event of a valid withdrawal, the goods delivered by Toytrains di Luca Micheli to the Customer and the payment made by the Customer for the goods will be returned, along with any other performances exchanged between the parties (e.g. interest). If the Customer cannot return the received goods and performances in full or in part or only in a deteriorated condition, the Customer will be obliged to compensate Toytrains di Luca Micheli for any decrease in value. This will, however, not apply if any decrease in value is caused by the check of the relevant product as it would have been possible if the product was sold in an ordinary shop.
The Customer may avoid the obligation to compensate Toytrains di Luca Micheli for a decrease in value if it does not commence to use the goods as an owner would do and omits all actions which lead to a decrease in the value of the goods.
Goods that can be sent by means of parcel post have to be returned. If goods from a delivery are returned whose order value, together with all other goods in the same delivery, do not exceed EUR 40.00, the Customer will be obliged to bear the costs of the return, provided the delivered goods correspond to the goods ordered. Otherwise, the Customer will not incur any costs for returning the goods. Goods that cannot be sent by means of parcel post will be picked up at the Customer's premises.
Obligations to reimburse payments must be met by Customers within 30 days as of the forwarding of a notification of withdrawal.End of the cautioning on rights of withdrawal.
IV. Conditions of Delivery
1. Deliveries will be made to the address specified by the Customer for that purpose. Toytrains di Luca Micheli will bear the risks of any such deliveries.
2. Toytrains di Luca Micheli will be entitled to make partial deliveries if the Customer can be reasonably expected to accept them.
3. Any references with respect to terms of delivery are, in principle, non-binding, unless a delivery date has been promised in exceptional circumstances. If any non-compliance with a delivery date is caused by force majeure, industrial action or by other events for which Toytrains di Luca Micheli is not responsible, the relevant terms of delivery will be extended appropriately. Toytrains di Luca Micheli will notify Customers of the commencement and the end of such events as soon as possible. Any applicable statutory rights of Customers will not be affected thereby.
4. Unless otherwise agreed between the parties, Toytrains di Luca Micheli will be free to choose the type and means of shipment, the mode of transport and the nature and scope of the required means of protection. Such choice will be made by Toytrains di Luca Micheli at its sole and dutiful discretion exercising proper care. Toytrains di Luca Micheli reserves the right to insure any shipment at its own costs against theft, breakage, loss during shipment or damage due to fire or water or against any others risks for which insurance can be taken out.
VI. Claims upon Delivery of Defective Products
If the delivered products are defective when handed over to the Customer, the Customer will have the following rights:
1. If a product is defective, the Customer will be free to request Toytrains di Luca Micheli to remove the defect or to deliver a replacement product. All costs incurred in connection with any subsequent performance will be borne by Toytrains di Luca Micheli. If the manner of subsequent performance chosen by a Customer is impossible or would give rise to unreasonable costs, Toytrains di Luca Micheli will be entitled not to accept the relevant manner of subsequent performance. In such an event, the Customer will be entitled to request another manner of subsequent performance. If such other manner of subsequent performance is also impossible or would give rise to unreasonable costs, the Customer's right to claim subsequent performance will cease to apply.
2. The warranty period is 24 months as of the delivery of the products to the Customer.
1. If the Customer's is resident within the European Union and/or the goods are delivered to an address inside the European Union, the following limitation of liability will apply:
1. Toytrains di Luca Micheli is fully liable for intent and gross negligence, in the event of culpable damage to life, limb and health, in the event of defects having been maliciously concealed by Toytrains di Luca Micheli or if any warranty given by Toytrains di Luca Micheli with respect to the quality or durability of a product is not complied with ("Beschaffenheits- oder Haltbarkeitsgarantie"). Apart from that, Toytrains di Luca Micheli is fully liable under applicable product liability provisions as well as in accordance with other compulsory liability provisions.
2. In the event of a breach of material contractual duties, Toytrains di Luca Micheli will also be liable for ordinary negligence, however, this will be limited to damage typically occurring under that type of agreement and reasonably foreseeable at the time of its conclusion.
3. Any further claims for damages, in particular due to pecuniary loss suffered by Customers, will be ruled out.
4. The above limitations of liability contained in this no. VII. 1. will also apply to Toytrains di Luca Micheli's employees, representatives and vicarious agents.
If the Customer's residence is located outside the European Union and the goods are not delivered to an address inside the European Union, the following limitation of liability will apply:
5. Toytrains di Luca Micheli is not liable if there is no intent and/or if Toytrains di Luca Micheli is compulsorily liable under the law of the country in which the Customer is resident.
6. Toytrains di Luca Micheli's liability will, in any case, be limited to damage typically occurring under that type of agreement and reasonably foreseeable at the time of its conclusion.
7. Any foreseeable damage typical for that type of contract may not exceed the order value (including, any shipping costs, taxes, fees, customs duties and other levies).
8. Any further claims for damages, in particular due to pecuniary loss suffered by Customers, will be ruled out.
9. The above limitations of liability contained in this no. VII. 2. will also apply to Toytrains di Luca Micheli's employees, representatives and vicarious agents.
IX. Applicable Law
1. The legal relationship between Toytrains di Luca Micheli and its Customers will be governed by Italian law if the Customers are ordinarily resident in Italy.
2. The legal relationship between Toytrains di Luca Micheli and its Customers will be governed by the law of the country in which the Customers are resident if the latter is located outside Italy, but within another member state of the European Union.
3. The legal relationship between Toytrains di Luca Micheli and its Customers will be governed by Italian law if the Customers are ordinarily resident outside the European Union. In such event, the compulsory consumer protection provisions applicable within the jurisdiction in which the Customer is ordinarily resident will apply in favour of the Customer.