General Terms & Conditions
1 General, scope of T&Cs
All deliveries and services of Schlosskellerei Turmhof Tiefenbrunner Srl, whose registered office is located at Via Castello 4, 39040 Cortaccia (BZ), Italy, shall be subject to the following terms and conditions in the version valid at the time of ordering. We will not accept any other conditions for commercial transactions unless these have been expressly agreed in writing.
2 Conclusion and formation of contracts
The range of products and services presented by Schlosskellerei Turmhof Tiefenbrunner Srl on its website, in brochures and via other media is non-binding and subject to change. Upon placing an order the buyer commits to purchasing the ordered goods. We may accept this order within one week either by means of an order confirmation (e-mail, fax, letter) or by sending the goods. The contract is formed upon acceptance.
3 Right of cancellation
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period is fourteen days from the date upon which you or a third party that you nominate, who is not the carrier, take possession of the goods.
To exercise your right of cancellation, you must inform (Schlosskellerei Turmhof Tiefenbrunner Srl, Via Castello 4, I-39040, CORTACCIA (BZ), Italy, phone: +39 0471 880122, fax: +39 0471 880433, e-mail: email@example.com) of your decision to cancel this contract by means of a clear declaration (such as a letter sent by post, fax or e-mail).
In order to observe the cancellation period, it is sufficient to send off the notice that you are exercising your right of cancellation before expiry of the cancellation period.
Consequences of cancellation
If you cancel this contract, we must reimburse all payments received from you, EXCEPT delivery costs, without delay and at the latest within fourteen days from the day upon which we received notice of your cancellation of this contract. We may refuse reimbursement until all goods have been returned to us, or until you demonstrate that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us promptly and in any case no later than fourteen days from the date upon which you informed us of the cancellation of this agreement.
This deadline will be respected if you send the goods before expiry of the fourteen-day period. You will be liable for the direct costs of returning the goods.
4 Liability for costs in the event of cancellation
If, pursuant to art. 3, you exercise your right of cancellation, you must bear the standard costs of returning the goods delivered if these correspond to the goods ordered.
5 Prices and shipping
5.1 The prices shown on our price lists are valid as indicated on the list and generally fall into one of the following three categories:
5.1.1. Customers of our wine shop at our premises in Cortaccia:
Prices are ex-winery per bottle including glass and presentation in disposable boxes / wooden crates for the indicated size of bottle including statutory VAT (for end customers).
5.1.2. Domestic customers (Italy, San Marino):
Prices are carriage free per bottle including glass and presentation in disposable boxes / wooden crates for the specified bottle size plus statutory VAT. Delivery costs will be applied to consignments that do not reach the minimum order quantity as specified on the price list.
5.1.3. International customers:
Prices are ex-winery per bottle including glass and presentation in disposable boxes / wooden crates for the specified bottle size under suspension of statutory VAT.
5.2 National delivery to customers in the category referred to in art. 5.1.2 will be made by a carrier of our choice (= in-house carrier). International deliveries under art. 5.1.3 will be made from the winery, with delivery thus the responsibility of the customer. We can upon request organize delivery, against payment of transport costs, with a service provider of our choice. The corresponding delivery costs may be obtained before placing the order. Such costs will depend upon the prices of the forwarding agent and vary according to the destination, weight and quantity of the goods: costs may be obtained before placing the order.
5.3 The invoice must be settled within the payment deadline as specified in the pro forma or accompanying invoice.
5.4 Where, in dealings with businesses, goods are to be sent to the buyer, we will have met our obligation to perform upon the handover of the goods to the forwarding agent, carrier or person or entity designated to make the delivery, with the risk of accidental loss or deterioration transferred to the buyer.
6 Terms of sale
6.1 We are subject to the provisions of the law governing the protection of minors whereby alcohol may not be sold to young people. Wine and spirits may therefore only be sold to persons aged 18 years and over. The customer declares upon placing the order to be of the minimum age for purchasing the items ordered.
7 Terms of payment
7.1 Payments will be made within the agreed payment deadline, preferably by bank transfer, to the account specified in the pro forma invoice or invoice.
7.2 If payment is not made by the due date on the invoice, statutory late-payment interest will be calculated and charged.
7.3 The goods remain the property of Schlosskellerei Turmhof Tiefenbrunner Srl until full payment is made.
8.1 If you are a consumer and your order/purchase from Schlosskellerei Turmhof Tiefenbrunner Srl cannot be attributed to either your commercial or professional activity, the warranty will apply according to the requirements of Italian law.
8.2 If you place an order with Schlosskellerei Turmhof Tiefenbrunner Srl as a business, the following conditions will apply:
8.2.1 8.2.1 Goods delivered must be inspected by the customer immediately after delivery insofar as this is feasible according to regular business practice. We must be notified without delay in the event of any defect. Should the customer fail to notify us, the goods will be deemed approved unless there exists a defect that was not apparent during inspection. If such a defect is subsequently revealed, we must be notified immediately after discovery or the goods will be deemed approved, even in consideration of such defect.
8.2.2 If a defect exists, we are entitled to determine the type of remedy, taking into account the nature of the defect and the legitimate interests of the customer. A remedy is considered to have failed for the purposes of these agreements after an unsuccessful third attempt.
8.2.3 When remedying a defect we are only obliged to bear the necessary costs, in particular transport, call-out, labor and materials costs, to the exclusion of further costs arising from the presence of the defective item at a location other than the customer’s registered office or place of business to which it was delivered.
8.2.4 Claims by the customer under the warranty, including claims for compensation, will be time-barred after one year.
8.3 The appearance of small crystalline precipitates (tartar) in the bottle is an indication of the aging (quality) of the wine and cannot be regarded as a defect.
9 Applicable law, place of jurisdiction, miscellaneous.
9.1 For all disputes arising from the contractual relationship the place of jurisdiction shall be the registered office of Schlosskellerei Turmhof Tiefenbrunner Srl in Italy – 39100 Bolzano.
9.2 The language of the contract is German and the German text will be valid in cases of doubt.
9.3 Should one or more of the provisions of these terms and conditions become invalid, the contract shall nevertheless retain its effectiveness. Should any provisions prove ineffective, the content of the contract shall be based upon the statutory provisions.