Terms and Conditions

Introduction 

The Seller operates the website www.rebellen.it (hereinafter referred to as the "Website") and declares: 

I. This Website is intended for business transactions (B2C) between the Seller and consumers, aiming to establish a distance contract within the scope of a business relationship between the parties. In compliance with Italian consumer protection legislation (in particular Legislative Decree No. 206/2005, hereinafter "Consumer Code") and European law (e.g., Directive 2011/83/EU on consumer rights), it is ensured that the consumer is adequately informed about their rights and obligations. 

II. These General Terms and Conditions (GTC) govern online sales between Rebonatura OHG (hereinafter referred to as the "Seller") and the Buyer, who expressly confirms that they are purchasing products for purposes not attributable to their commercial, craft, or professional activity. This falls under the category of end-consumer transactions, which enjoy special protection under the Consumer Code and various EU directives (e.g., Directive 93/13/EEC on unfair terms). 

III. The term "General Terms and Conditions for Online Sales" refers to all provisions regulating the conclusion of distance contracts, which are part of an organized distribution system and are subject to European consumer protection law. Pursuant to Articles 50 et seq. of the Italian Consumer Code and Articles 9 et seq. of Directive 2011/83/EU, the Buyer is informed of all contractual details. 

IV. Trademarks and logos on the Website are the exclusive property of the Seller and are protected under intellectual property rights, including, in Italy, the Industrial Property Code (Legislative Decree No. 30/2005) and relevant EU regulations. 

V. The aforementioned preliminary remarks form an integral and substantial part of this contract, including the interpretative provisions of these GTC, in order to ensure a harmonized application consistent with the case law of the Italian Court of Cassation. 
 
1. Subject Matter of the Contract 

1.1 These General Terms and Conditions (hereinafter "GTC") are made available to the Buyer pursuant to Article 12 of Legislative Decree No. 70/2003 in a permanent and printable format. They regulate the purchase of goods through electronic means of communication via the Seller's Website. The Seller's registered office is located at Piz Lun Weg No. 11, 39024 Mals (Italy), and it is registered in the Commercial Register of the Bolzano Chamber of 
Commerce (registration number VWV No. BZ – 236070) with VAT No. IT03146640218. The Seller can be contacted via email at info@rebellen.it or PEC at legalmail@pec.rebonatura.it. The EU Directive on Consumer Rights (Directive 2011/83/EU) and other mandatory provisions of Italian law apply, particularly for cross-border contracts, as the Seller, based in Italy, operates across Europe. 

1.2 With this contract, the Seller undertakes to sell the products listed on its Website to the Buyer, who purchases these goods in the context of a distance sale, in compliance with the provisions outlined herein, which define the essentialia negotii of the agreement. Pursuant to Articles 1321 et seq. of the Italian Civil Code, the general rules of contract law apply, supplemented by specific consumer protection regulations. 

1.3 The essential characteristics of the products are described on the Website; the images shown are for illustrative purposes only and may differ from the actual product. Minor deviations do not constitute a lack of conformity unless there are significant discrepancies from the advertised product. In this way, product descriptions, as required by Articles 6 et seq. of Directive 2011/83/EU, aim to be as accurate as possible. 

1.4 The Seller undertakes to deliver the goods ordered and available upon payment of the corresponding purchase price as per Section 3 of these GTC. In this context, the typical contractual obligations for both parties apply: the Seller delivers, while the Buyer makes timely payment (Articles 1470 et seq. of the Italian Civil Code). 
 
2. Acceptance of the General Terms and Conditions 

2.1 All orders are submitted to the Seller by completing the online order process provided on the Website and sending the electronic form. The Buyer expresses their binding intention as soon as the order is submitted. The distance procedure complies with the provisions of Legislative Decree No. 70/2003 regulating electronic commerce and Directive 2000/31/EC (E-Commerce Directive). 

2.2 Before submitting an order, the Buyer must review these GTC and the privacy policy. If necessary, they must consent to the processing of personal data in accordance with the General Data Protection Regulation (GDPR, Regulation (EU) 2016/679). By placing the order, the Buyer implicitly declares that they have read and fully accepted these GTC. This fulfills the consumer protection requirements under Italian law (cf. Articles 49 et seq. of Legislative Decree No. 206/2005). 

2.3 By electronically submitting the order, the Buyer agrees to fully comply with the sales and payment conditions outlined below. Furthermore, they confirm that they have received all relevant information as required by the above provisions and acknowledge that any deviations are valid only if agreed upon in writing in advance. This is in line with the principle that parties must explicitly accept particular clauses under Articles 1341 and 1342 of the Italian Civil Code. 

2.4 Acceptance of these GTC is accomplished by correctly filling out all fields in the online order form and clicking on the checkboxes ("Accept GTC," "Read Privacy Policy"), which constitutes a binding obligation on the part of the Buyer. According to established Italian case law, this represents a valid online agreement to the contractual terms. 
 
3. Order Procedures and Sales Prices 

3.1 All prices on the Website are indicated in euros and include the applicable VAT. These prices constitute a price list and become binding only upon explicit confirmation by the Seller via email. The Seller reserves the right to change or adjust product prices at any time, particularly in the event of evident calculation errors. Pursuant to Article 1337 of the Italian Civil Code, the Seller is nevertheless obligated to negotiate in good faith and fairness. 

3.2 Shipping costs, which may vary depending on the type and quantity of products ordered and the destination, are clearly indicated during the online ordering process. Additionally, customs duties, excise taxes, or other fees may apply, which will be communicated to the Buyer before the order is finalized, unless explicitly borne by the Seller. This complies with Articles 22 et seq. of Directive 2011/83/EU, which require the clear indication of all additional costs. 

3.3 The Buyer adds the desired product to the online shopping cart without obligation. The cart can be viewed, modified, or deleted at any time. After confirming the cart, the Buyer fills out the order form and confirms the purchase in a binding manner. The ordering process can be interrupted at any time before closing the browser window without incurring any liability. Italian case law recognizes this as a standard practice in e-commerce (cf. Tribunal of Milan, Judgment No. 130/2018). 

3.4 Receipt of an order does not bind the Seller until they confirm the availability of the 
goods via email and formally accept the order. The Buyer's declaration of intent is finalized only with the Seller's acceptance. Only then is a legally valid contract concluded under Italian law (Article 1326 of the Italian Civil Code). 

3.5 The Buyer expressly authorizes the Seller to partially accept the order if certain products are unavailable. In this case, the contract is concluded only for the actually available items, with partial nullity for unavailable goods unless the Buyer has explicitly requested a complete delivery. 

4. Conclusion of the Contract 

4.1 The purchase contract is considered concluded when the Buyer receives an order confirmation from the Seller via email. This confirmation indicates that the order has been accepted and can be fulfilled. The Buyer will subsequently receive a shipping confirmation. The place of performance, and therefore the place of conclusion of the contract, is the Seller's registered office unless otherwise agreed (Article 1182 of the Italian Civil Code). 

4.2 The Seller reserves the right to accept orders only in commercially reasonable quantities. If the quantity ordered exceeds what the Seller deems manageable, they are entitled to reduce or refuse the ordered quantity in accordance with the principle of freedom of contract. 
Italian case law recognizes such limitations related to delivery capacity as legitimate (Cass. Civ. Sez. II, Judgment of 10.10.2013, No. 22979). 

4.3 Pursuant to Article 12 of Legislative Decree No. 70/2003, the order data is securely and confidentially stored on the Seller's servers or in paper form at the Seller's registered office. The Seller complies with documentation obligations, ensuring that the Buyer can request copies of contractual documents if needed (Article 12(3) Legislative Decree No. 70/2003). 

4.4 The Seller generally enters into contractual relationships only with individuals who have reached the age of 18. This is in line with age verification obligations, particularly when alcoholic products are offered. Under Italian law (Law No. 189/2012), the sale of alcoholic beverages to minors is explicitly prohibited. 

5. Payment Terms 

5.1 Upon the conclusion of the purchase contract, the entire purchase price becomes immediately due, as specified by the contractual provisions (Article 1498 of the Italian Civil Code). 

5.2 The Buyer is required to pay the purchase price within the time frame specified in the contract. A payment default occurs if the Buyer allows this deadline to pass without payment. In such a case, the Seller is entitled to claim dfault interest in accordance with Articles 4 et seq. of Legislative Decree No. 231/2002, unless exceptions for consumers apply. 

5.3 Payment is to be made exclusively in the form offered by the Seller, particularly via credit card or PayPal. Detailed instructions on payment methods can be found under the 
"Payment" section of the Website. A payment authorization is deemed issued as soon as the Buyer fills out and confirms the relevant fields. Within the framework of European law (SEPA Regulation), specific rules for secure payment processing must be observed. 

5.4 A discount is only permissible if expressly agreed upon in advance. In all other cases, gross prices without deductions apply. Unilateral price modifications by the Buyer are legally invalid. 

5.5 Delivery will only occur once the entire invoice amount has been fully received (or recorded) by the Seller. Private customers will receive a receipt; if an invoice is required, please send a message to office@rebellen.it stating the necessary data. Any chargeback may entitle the Seller to suspend delivery, as the Buyer's consideration has not been fulfilled. 

6. Delivery Terms 

6.1 Unless otherwise agreed, deliveries are made through a designated courier or shipping service to the address provided by the Buyer. The Seller delivers only to the countries listed on the Website. Delivery times and costs vary depending on the ordered product, the destination country, and are communicated to the Buyer during the order or confirmation process. Any agreed Incoterms define the risks and responsibilities. 

6.2 If the Buyer is absent at the time of delivery, the courier will leave a notice with information to arrange a new delivery. This does not constitute creditor default, provided the Buyer establishes contact within a reasonable period (Articles 1206 et seq. of the Italian Civil Code). 

6.3 Whether the courier contacts the Buyer by phone before delivery depends on the courier's discretion and cannot be guaranteed by the Seller. This does not constitute an ancillary contractual obligation of the Seller. 

6.4 The risk passes to the Buyer upon delivery of the goods or when handed over to the designated transport service. This represents the transfer of risk under Article 63 of the Consumer Rights Directive and Article 1510 of the Italian Civil Code. 

6.5 If delivery is impossible due to force majeure (e.g., natural disasters, strikes, lockouts) or other reasons beyond the Seller's control, the Seller may withdraw from the contract. Any claims for damages due to non-performance are excluded, as legal impossibility (Article 1256 of the Italian Civil Code) applies. 

6.6 The Seller is not liable for delivery delays or failure to deliver resulting from incorrect or incomplete address information provided by the Buyer. This is considered a culpable breach of obligations by the Buyer, as interpreted by Italian courts (Cass. Civ. Sez. III, Judgment of 12.03.1997, No. 2218). 

6.7 All stated delivery dates are indicative unless otherwise agreed in writing. The Buyer cannot derive any contractual claims against the Seller due to a delay in delivery unless a fixed-term contract has been agreed upon (Article 1457 of the Italian Civil Code). 

6.8 Unless otherwise indicated, the Seller reserves the right to make partial deliveries for logistical reasons, without incurring additional costs for the Buyer. This constitutes a partial performance, accepted by the Buyer, provided it does not significantly compromise the purpose of the purchase. 

6.9 The Buyer is required to check the goods upon receipt for correctness, completeness, and integrity. Any transport damages should be reported promptly; however, the right of withdrawal under § 10 remains unaffected. There is an obligation to complain in the case of obvious defects (Article 1698 of the Italian Civil Code). 

6.10 The Buyer is responsible for ensuring that only themselves or authorized adults receive the goods. Claims by third parties arising from a breach of this provision are the responsibility of the Buyer, who must observe the required safety obligations. 

6.11 If the Buyer delays accepting the goods or culpably breaches other obligations of cooperation, the Seller is entitled to claim damages, including any additional expenses incurred. This may include a contractual penalty if agreed upon (Article 1382 of the Italian Civil Code). 

6.12 The risk of accidental deterioration or loss of the goods passes to the Buyer once they are in default of acceptance. This provision regarding the consequences of delay is in line with Article 63 of Directive 2011/83/EU and Article 1465 of the Italian Civil Code. 

6.13 If the Buyer authorizes the courier to leave the goods in a specific location (e.g., in front of the door), the Seller is not liable for theft, loss, or damage to the goods after documented delivery. This is considered a risk accepted by the Buyer. 

7. Limitation of Liability 

7.1 The Seller is not liable for delays or failures in performance caused by force majeure (e.g., natural disasters, earthquakes, strikes, floods, fires, acts of war), as these constitute events of force majeure. According to Italian case law (Cass. Civ. Sez. I, Judgment No. 
6212/1993), such cases do not constitute attributable fault. 

7.2 The Seller assumes no responsibility for interruptions or disruptions to Internet services beyond their control. Liability is limited to cases of intent or gross negligence on the part of the Seller (Articles 1225, 2043 of the Italian Civil Code). 

7.3 Neither the Buyer nor third parties may derive financial claims against the Seller from delays or impossibility of performance due to force majeure or unforeseeable events, unless a fault attributable to the Seller is proven. This is consistent with Article 1218 of the Italian Civil Code, which establishes contractual liability only in cases of fault. 

7.4 The Seller is not liable for the misuse of payment methods (e.g., credit cards, checks) by unauthorized third parties, provided that they have taken all necessary and reasonable technical and diligence measures to prevent such fraudulent acts. Articles 31 et seq. of Legislative Decree No. 196/2003 (Italian Privacy Code) and the GDPR supplement this provision to regulate IT security measures. 

8. Warranty and Customer Service 

8.1 The Seller offers only original, high-quality products. For questions, complaints, or claims, the Buyer can contact info@rebellen.it. To facilitate prompt processing, it is recommended to include the order number or other relevant information. 

8.2 In the event of conformity defects, the statutory warranty provisions under Legislative 
Decree No. 206/2005 (Consumer Code) and applicable EU directives (in particular Directive 
2011/83/EU) apply. This includes defect rights if the Buyer is a consumer. Specifically, the Buyer can assert statutory warranty rights within 24 months of receiving the goods if a defect exists that was already present at the time of delivery (Article 130 of the Consumer Code). 

8.3 Statutory warranty rights apply exclusively to the products specified by law and within the applicable timeframes. During this period, the Buyer may claim repair or replacement of the product if the legal requirements are met. Italian case law interprets this obligation as prioritizing repair over withdrawal (Article 130(3) of the Consumer Code). 

9. Obligations of the Buyer 

9.1 The Buyer is obligated to pay the agreed purchase price according to the payment terms specified in this contract. This includes the obligation to make monetary payment, derived from Article 1498 of the Italian Civil Code. 

9.2 After completing the order process, the Buyer should save or print these GTC and the product details for their own records to ensure they can later prove their rights and obligations. This corresponds to the burden of proof on the Buyer in the event of disputes, pursuant to Article 2697 of the Italian Civil Code. 

9.3 The Buyer agrees to provide only truthful and complete information during registration and ordering. Any damages resulting from incorrect or incomplete data are solely the Buyer's responsibility and may be considered a contractual breach. Pursuant to Article 1418 of the Italian Civil Code, this could also lead to the partial or total invalidity of certain contractual provisions. 

9.4 The Buyer indemnifies the Seller against any liability arising from the issuance of incorrect tax documents due to inaccurate or incomplete information provided by the Buyer. This indemnity clause protects the Seller from the consequences of false declarations (Article 10 of Legislative Decree No. 74/2000 on tax law). 

9.5 For the purchase of alcoholic products, the Buyer confirms that they have reached the minimum age required in Italy and the EU (currently 18 years). This is to comply with youth protection regulations, which prohibit the sale of alcoholic products to minors (Law No. 189/2012). 

10. Right of Withdrawal under Legislative Decree No. 206/2005 

10.1 The right of withdrawal applies only to products not excluded under Article 59 of Legislative Decree No. 206/2005 (e.g., perishable or customized products). In such cases, the distance selling withdrawal regime provided for in Articles 52 et seq. of the Consumer Code and Directive 2011/83/EU applies. 

10.2 For products eligible for withdrawal, the Buyer may withdraw from the contract within 14 (fourteen) days of receiving the goods without providing any reason. The withdrawal declaration must be sent to Rebonatura OHG, Piz Lun Weg No. 11, I-39024 Mals, or via email to info@rebellen.it. This declaration initiates the right of withdrawal as established by European distance selling law. 

10.3 To exercise the right of withdrawal, the Buyer must send the Seller a clear declaration (e.g., by letter or email) of their intention to withdraw. They may use the standard withdrawal form provided in Annex I, Section B of Legislative Decree No. 21/2014, but this is not mandatory. The withdrawal period is met if the declaration is sent within the 14-day timeframe (Article 54 of the Consumer Code). 

10.4 To meet the withdrawal deadline, it is sufficient to send the declaration before the expiration of the 14-day period. The Buyer bears the burden of proving the proper and timely dispatch of the withdrawal declaration, in accordance with the obligation to provide evidence (Article 53 of the Consumer Code). 

10.5 The Buyer must return the goods without delay and in any case within 14 (fourteen) days of exercising the withdrawal. The Buyer is liable for any decrease in the value of the goods resulting from handling beyond what is necessary to ascertain their nature and functioning. This liability may be claimed by the Seller, provided they can prove the loss of value. 

10.6 Exceptions to the right of withdrawal: Pursuant to Article 59 of Legislative Decree No. 206/2005, the right of withdrawal does not apply to perishable goods, sealed goods for hygiene or health reasons once opened, or other exclusions specified by law. These exceptions must be communicated to the Buyer before the conclusion of the contract (Article 49(1)(h) of the Consumer Code). 

10.7 Unless otherwise agreed, the Buyer bears the direct costs of returning the goods. This cost allocation is in favor of the Seller. 

10.8 The Seller refunds all payments received from the Buyer, including delivery costs (excluding additional costs for alternative delivery methods), within 14 days of receiving the withdrawal declaration. The refund is made using the same payment method used by the Buyer, unless expressly agreed otherwise. The Seller may withhold the refund until the goods are returned or proof of return is provided, whichever occurs first. 

10.9 Upon the declaration of withdrawal, both parties are released from their contractual obligations, subject to the application of the provisions in this section. Post-contractual obligations remain valid as necessary to implement the withdrawal. 

10.10 The right of withdrawal does not apply to perishable products, goods requiring refrigeration, or items that are non-resellable by nature. It is also excluded for services to be provided on a specific date or within a specific time period (e.g., tickets for events). These restrictions are outlined in Article 59 of the Consumer Code. 

11. Express Termination Clause 

11.1 The Buyer’s obligations under § 9 are considered essential components of the contract. If the Buyer violates these obligations—and the violation is not due to force majeure or unforeseen circumstances—the contract will be automatically terminated pursuant to Article 1456 of the Italian Civil Code, without the need for judicial intervention. In this case, the express termination clause operates with immediate effect ex nunc. Italian case law (Cass. Civ. Sez. III, Judgment of 28.10.2009, No. 22863) recognizes this clause as a valid instrument for ending a contractual relationship. 

12. Communications 

12.1 Unless otherwise provided in these GTC or by law, communication between the Seller and Buyer will primarily occur via email. Both parties acknowledge their respective email addresses as valid means of communication and recognize the evidentiary value of electronic documents, provided their authenticity is adequately ensured (Article 2702 of the Italian Civil Code). 

12.2 Formal communications or complaints addressed to the Seller are considered valid only if sent to Rebonatura OHG, Piz Lun Weg No. 11, 39024 Mals, VAT No. IT03146640218, or via email to info@rebellen.it. This represents the official address for communications, ensuring correspondence reaches the intended recipient. 

12.3 Each contractual party may change their email address, provided they promptly inform the other party in writing. Any failure to communicate such changes is the responsibility of the party failing to do so. 

13. Processing of Personal Data 

13.1 Pursuant to Regulation (EU) 2016/679 (GDPR), the Buyer is informed that Rebonatura OHG is responsible for processing personal data. This responsibility is defined under Article 4 of the GDPR. 

13.2 Personal data provided by the Buyer is processed in paper and/or electronic form, primarily for order management, delivery, invoicing, and compliance with legal obligations (e.g., tax law). Data may need to be shared with third-party service providers (e.g., accountants, auditors, shipping providers). This may involve processing by third parties, governed by contracts under Article 28 of the GDPR. 

13.3 Data is retained only for the time necessary for the intended purpose, unless longer retention periods are mandated by law. Afterward, the data will be deleted in accordance with the principles of minimization outlined in the GDPR and Italian privacy law (Legislative Decree No. 196/2003, as amended by Legislative Decree No. 101/2018). 

13.4 The transfer of personal data to non-EU third countries occurs only if strictly necessary for contract execution and if there is an appropriate legal basis. Otherwise, a transfer ban applies as outlined in Articles 44 et seq. of the GDPR. 

13.5 The Buyer may exercise their rights under Articles 15 et seq. of the GDPR at any time, including the right to access, rectify, delete, restrict processing, or transfer data, as well as object to processing. These rights also arise under Italian privacy law. 

13.6 The Seller does not employ automated decision-making processes as defined by the GDPR, including profiling, without human intervention. 

13.7 The full privacy policy is available on the Seller’s Website and provides detailed information about data protection principles. 

14. Jurisdiction 

14.1 In the event of disputes arising from this contract, the parties will initially seek to find an amicable solution. Mediation or alternative dispute resolution methods are not excluded as provided by applicable law. 

14.2 If an amicable resolution cannot be reached, the competent court shall be, pursuant to 
Article 66-bis of Legislative Decree No. 206/05, the court of the Buyer’s place of residence, provided it is within Italian territory. If the Buyer resides in another EU member state, the dispute may be brought before the courts of the EU member state where the Buyer has their habitual residence or before the courts where the Seller has its registered office. This provision ensures the Buyer’s right to free choice of jurisdiction, as established by Regulation (EU) No. 1215/2012 (Brussels I-bis Regulation). 

15. Applicable Law and Reference Norms 

15.1 The contract is governed by Italian law. However, for consumers in other EU member states, the application of mandatory consumer protection provisions of their country of residence is not excluded, provided such provisions offer greater protection (Article 6 of Regulation (EC) No. 593/2008, Rome I). 

15.2 Unless otherwise specified in these GTC, the relevant legal provisions of the Italian Civil Code and Legislative Decree No. 206/2005 (Consumer Code) apply, taking into account applicable European directives (including Directive 2011/83/EU, Directive 2000/31/EC). In the event of normative conflicts, mandatory consumer protection provisions take precedence, especially if they provide more favorable conditions for the Buyer. 

16. Online Dispute Resolution 

16.1 Pursuant to Regulation (EU) No. 524/2013, the Seller informs the Buyer about the possibility of using the online dispute resolution (ODR) platform available at 
http://ec.europa.eu/consumers/odr/. The Seller’s email address is info@rebellen.it. This can initiate an alternative dispute resolution procedure, particularly designed for cross-border disputes. 

16.2 For consumer disputes arising from this online sales contract, the Seller also recognizes the procedure of the ADR body “Onlineschlichter.it” (Zwölfmalgreiner Str. 2, 39100 Bolzano, Italy, email: info@onlineschlichter.it, website: www.onlineschlichter.it), provided the Buyer has first attempted to contact the Seller directly. Complaints may also be filed through the European Commission’s ODR platform (http://ec.europa.eu/odr). 

17. Vouchers 

17.1 Vouchers must be redeemed before completing the ordering process in the designated field. Retroactive application of a voucher after purchase is not possible, as this constitutes a prerequisite for use. 

17.2 Vouchers may be subject to minimum order amounts. The respective conditions are displayed with the voucher code and are considered contractual terms accepted by the Buyer upon entering the code. 

17.3 Only one voucher may be used per order. The prohibition on combining vouchers prevents the simultaneous use of multiple vouchers, in line with the principle of freedom of contract. 

17.4 After the order is completed, vouchers cannot be applied or added manually, as this prevents unilateral contract modifications after conclusion. 

17.5 If a voucher does not work, the Buyer must contact customer service before completing the order to allow for troubleshooting. This communication can determine whether a technical or user-related issue is at fault. 

18. Final Provisions 

18.1 These GTC replace all previous written and verbal agreements between the parties regarding the same contractual subject matter. The annulment of earlier versions is implicitly agreed upon. 

18.2 The invalidity of individual provisions does not affect the validity of the remaining clauses. This is in line with the principle of the severability clause, also enshrined in Article 1419 of the Italian Civil Code. 

18.3 These GTC are available in both German and Italian. In case of interpretative discrepancies, the Italian version prevails, in accordance with the principle of linguistic precedence recognized by Italian case law (Cass. Civ. Sez. Lav., Judgment No. 2040/1980). 

(These General Terms and Conditions were last updated on 28.02.2025.)