General Terms & Conditions
General Terms & Conditions
§ 1. General, scope of the General terms and conditions (GTC)
All deliveries and services of Schlosskellerei Turmhof Tiefenbrunner GmbH with its registered office in 39040 Kurtatsch (BZ), Italy, Schlossweg 4, shall be based on the following GTC in the version valid at the time of the order. In the area of commercial business transactions, we do not accept deviating terms and conditions unless these have been expressly agreed to in writing.
1.2 Application of the GTC
The version of these GTC valid at the time of the order shall apply.
§ 2. Conclusion of the contract
The assortment of Schlosskellerei Turmhof Tiefenbrunner GmbH on the website, in brochures and other media are non-binding and subject to change. With the order, the buyer bindingly declares to purchase the ordered goods. We can accept this offer within one week either by an order confirmation (e-mail, letter) or shipment of goods. With the acceptance the contract is concluded.
§ 3. Right of withdrawal
In distance contracts between seller and consumer, the customer has the right to withdraw from the contract within fourteen days without giving any reason. The period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.
The right of withdrawal is governed by Article §7 of our General Terms and conditions for Online Sales.
§ 4. Prices and shipping
4.1 The prices indicated on our price lists have the validity indicated on the list and are generally indicated in the following three categories:
4.1.1. customers in the wine store on site/Kurtatsch:
Prices are ex-winery per bottle including glass and equipment in disposable cartons/wooden crates for the respective bottle size indicated, including VAT (for end consumers).
4.1.2 Customers national (Italy, RSM):
Prices are free domicile, per bottle including glass and equipment in disposable cartons/wooden crates for the respective specified bottle size plus statutory VAT. For shipments that do not reach the minimum order quantity indicated on the price list, shipping costs will be charged.
4.1.3 Customers internationally:
Prices are ex-winery per bottle including glass and equipment in disposable cartons/wooden crates for the respective bottle size indicated, plus value-added tax if applicable.
4.2 The shipment of the customer category mentioned under Art. 4.1.2 shall be carried out nationally by a supplier of our choice (house carrier). Foreign deliveries according to Art. 4.1.3 shall be made ex winery. Thus, the delivery is the responsibility of the customer. On request, we will organize the delivery with a provider of our choice against settlement of the transport costs. Corresponding shipping costs can be requested before ordering. The amount of the costs depend in each case on the prices of the forwarding agency to be commissioned and depend on the destination, the weight and the quantity of the goods, the costs can be inquired before ordering.
4.3 The invoice shall be paid within the payment term specified in the pro forma or accompanying invoice.
4.4 In the event that, in B2B transactions, the goods are to be shipped to the Buyer, we shall have performed our obligation to perform upon handover of the goods to the forwarding agent, the carrier or any other person or institution designated to perform the shipment, and the risk of accidental loss and accidental deterioration shall pass to the Buyer upon the above defined handover of the goods.
§ 5. Delivery conditions
5.1 We are subject to the provisions of the Italian Youth Protection Act, according to which alcohol may not be sold to minors. Therefore, wine and spirits are sold exclusively to persons over 18 years of age. When placing the order, the customer declares and confirms that he has the minimum age to purchase the ordered items.
§ 6. Terms of payment
6.1 Payment shall be made within the agreed payment period, preferably by bank transfer to the account details specified in the pro forma invoice or invoice.
6.2 If the due date of the invoice is exceeded, the default interest according to Legislative Decree n. 231/2002 will be charged.
6.3 Until full payment has been made, the goods shall remain the property of Schlosskellerei Turmhof Tiefenbrunner GmbH.
§ 7. Liability and warranty
7.1 If you are a consumer and make the order/purchase at Schlosskellerei Turmhof Tiefenbrunner GmbH for a purpose that cannot be attributed to your commercial or professional activity, the warranty shall be provided in accordance with the statutory provisions under Italian law.
7.2 If you place your order with Schlosskellerei Turmhof Tiefenbrunner GmbH as an entrepreneur, the following shall apply:
7.2.1 Delivered goods shall be inspected by the customer immediately after delivery, insofar as this is feasible in the ordinary course of business. If a defect becomes apparent, we must be notified immediately. If the customer fails to notify us, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. If such a defect is discovered later, the notification must be made immediately after discovery, otherwise the goods shall be deemed to have been approved also in view of this defect.
7.2.2 Insofar as a defect exists, we shall be entitled to determine the type of subsequent performance, taking into account the type of defect and the justified interests of the customer. Subsequent performance shall be deemed to have failed after the third unsuccessful attempt in the case of such contracts.
7.2.3 In the event of subsequent performance in the case of defects, we shall only be obliged to bear the necessary expenses, in particular transport, travel, labor and material costs, to the extent that these are not increased by the fact that the goods were taken to a place other than the registered office or the commercial branch of the customer to which the delivery was made.
7.2.4 The customer's claims for defects, including claims for damages, shall become statute-barred after one year.
7.3 Should small crystalline precipitations (tartar) appear in the bottles, these shall bear witness to the maturity (quality) of the wine and shall not constitute a defect.
7.4 The Seller shall not be liable for late or missing delivery, except in case of intent or gross negligence.
7.5 For all defects of the purchased item occurring during the statutory warranty period, the statutory claims for removal of the defect or for replacement delivery shall apply at the Seller's discretion. If the removal of the defect or the replacement delivery fails, the Buyer may terminate the contract or demand a reduction of the purchase price. Any further claims of the Buyer, in particular claims for damages, shall be excluded unless the damage was caused intentionally or by gross negligence by the Seller or its vicarious agents.
7.6 The Buyer may not hold the Seller liable for operational disruptions or interruptions beyond the Seller's control, except in the case of intent or gross negligence on the part of the Seller.
The Seller shall not be liable to the Customer or any third party for any damage, loss or expense resulting from the non-performance of the Contract for any of the above reasons.
The Seller shall also not be liable for any fraudulent and unlawful use of means of payment by third parties in the payment of the ordered products.
7.7 In the event of defects, the provisions on the statutory warranty pursuant to Legislative Decree No. 206/2005 shall apply if the Customer is a consumer.
It is the Customer's responsibility to check the integrity of the products and the integrity of the packaging, including the seal, upon delivery of the goods (quality control). In case of damage to the packaging, the customer must immediately notify the courier. In this case, the customer has the right to accept the goods "with reservation", which must be noted on the courier's delivery bill: e.g. "carton with holes on the side", "open carton without tape", "damaged carton", etc.
If the Product is damaged during transportation, the Customer must notify the Seller by email within 24 hours and describe in detail the damage suffered by the Product.
The seller is not liable:
- For delays in the delivery of the Products offered for sale due to insufficient stock at its suppliers;
- To the extent permitted by law, the Seller disclaims any liability in the event that the Products delivered do not comply (in whole or in part) with the legislation of a country of delivery other than Italy;
- The Seller is also not liable for insignificant discrepancies between the purchased products and the images and text descriptions published on the Website.
Except in case of intent or gross negligence, the Seller shall only be liable for direct and foreseeable damages at the time of the conclusion of the purchase of its products. Therefore, the Seller shall not be liable for indirect damages or other types of damages or costs, including but not limited to losses suffered, lost profits or other damages that are not a direct and immediate consequence of its breach of contract or were not foreseeable at the time of the conclusion of the purchase of the Products.
The Seller shall not be liable for the performance of obligations of third parties who may offer conventional warranties in relation to their products offered for sale on the Website or in the Seller's stores.
§ 8. Applicable law, place of jurisdiction, miscellaneous.
8.1 Italian law applies to the contractual relationship between the seller and the customer. For all disputes arising from the contractual relationship, the place of jurisdiction shall be exclusively the registered office of Schlosskellerei Turmhof Tiefenbrunner GmbH in Italy- 39100 Bolzano.
8.2 In case of inconsistencies between the German and other versions of these terms and conditions, the German version shall prevail.
8.3 The possible invalidity of individual clauses does not affect the validity of the entire contract.
General Terms and conditions for Online Sales
§ 1. General
The company Schlosskellerei Turmhof Tiefenbrunner GmbH, with registered office at 39040 Kurtatsch (BZ), Schlossweg 4, VAT number 01255160218, registered in the register of the Chamber of Commerce of Bolzano under no. REA 109578, operates the website www.tiefenbrunner.com, through which it carries out the online sale of its range of wines.
These General Terms and Conditions apply exclusively between Schlosskellerei Turmhof Tiefenbrunner GmbH (hereinafter also referred to as the "Seller") and any person or customer who makes online purchases through the mentioned website.
The General Terms and Conditions regulate the online sale between the Seller and the customer, in particular the conclusion of the sale and the delivery of the products offered on the website.
1.2 Application of the GTC
The version of these GTC valid at the time of the order shall apply.
These GTC shall be made available to the buyer for storage.
1.3 Acceptance of the GTC
§ 2. Conclusion of the Contract
2.1 Subject of the contract
The subject of the purchase contract concluded between the Seller and the customer is the product offered in the online catalog on the Seller's website and selected by the customer.
The essential characteristics of the products are described to the best of the Seller's ability on the website. However, errors, inaccuracies, or slight differences between the product depicted on the website and the actual product may occur. Furthermore, the photos of the products on the website should not be considered as part of the contract, as they are merely for illustrative purposes.
The mentioned product is sold by Schlosskellerei Turmhof Tiefenbrunner GmbH and purchased by the customer, with the contract being concluded exclusively over the Internet by accessing the mentioned website and following the order procedure stated there.
Before confirming the order, the customer undertakes to review and accept these General Terms and Conditions.
The Seller reserves the right to evaluate and, if necessary, not accept incomplete or incorrect orders, including in the event of product unavailability. If the customer has not paid for the order within 14 days after the confirmation email has been sent, the contract shall be deemed dissolved by operation of law.
2.2 Pre-contractual Information
Before concluding the contract, the customer shall review the characteristics and properties of the product offered at the time of selection.
If applicable, the customer shall be provided with the information obligations prescribed in Article 49 of Legislative Decree No. 206/2005 before confirming the order with payment obligation.
2.3 Conclusion of the Contract
The product selected by the customer in the Seller's online catalog is added to the shopping cart on the website. After the customer has accepted the shopping cart, they undertake to complete and correct the corresponding order form. The contract is concluded as soon as the customer accepts the purchase with payment obligation and receives a corresponding confirmation from the Seller via email to the email address provided by the customer. The confirmation includes the order number, the price of the purchased product, the shipping and delivery charges, and the delivery address.
The customer undertakes to check the personal data provided in the aforementioned email for accuracy and to promptly notify the Seller of any changes and/or additions.
The product offering on the website and the sale are exclusively directed at adult customers.
§ 3. Prices
All product prices, as well as shipping and delivery prices indicated on the website and in the order confirmation, if applicable, include VAT at the statutory rate. The prices are expressed in Euro.The product prices, as well as shipping and delivery prices, will be calculated and indicated during the online order process before payment.
The customer accepts that the Seller may change the prices at any time. In any case, the prices indicated on the website and in the confirmation message at the time of sending the order electronically shall apply.
All products are shipped directly from Italy, and in addition to the product price, the shipping and delivery costs are borne by the buyer. Unless otherwise indicated, in the case of shipping to non-EU countries or countries where applicable regulations provide for import duties, the product and delivery prices indicated on the website and in the order are exclusive of any customs duties and corresponding taxes.
These costs are solely the responsibility of the customer and shall be paid directly by them upon delivery, in accordance with the instructions provided in the order confirmation.
§ 4. Payment Methods
Payment of the product prices, as well as shipping and delivery prices, shall be made in advance and by one of the payment methods indicated in the ordering process on the website.
4.1 Credit Cards and Prepaid Credit Cards
For online orders through our website, payment by credit card or prepaid credit card is accepted without any additional costs borne by the Seller.
Similarly, payment in advance can also be made through Paypal without any additional costs.
4.3 Bank Transfer
It is also possible to make payment in advance through bank transfer. Any bank charges incurred will be borne by the buyer(s).
§ 5. Shipping and delivery of the product
Subject to any other written agreement, the shipping or delivery of the product ordered by the buyer will exclusively be made to the countries listed on the website.
Furthermore, shipping or delivery will be made through a courier or delivery service selected by the seller to the address provided by the buyer in their order. The delivery time will be indicated on the website and in the order confirmation. If the delivery cannot be made within the specified time frame, the buyer will be notified in a timely manner via email. If the buyer is absent at the time of delivery, they will receive a notice with contact information for the courier or delivery service to arrange for delivery conditions. The seller is not liable for delayed or failed delivery of the goods in case of inaccurate or incorrect address information provided by the buyer.
Each delivery will include the ordered product, the corresponding transport document or accompanying invoice, any documentation required by the state for delivery, and any informational or marketing materials.
§ 6. Liability
The seller is not liable for delayed or failed delivery, except in cases of intent or gross negligence.
For any defects in the purchased item that occur during the statutory warranty period, the seller has the option to either remedy the defect or provide a replacement, as chosen by the seller. If the remedy or replacement fails, the buyer may terminate the contract or demand a reduction in the purchase price. Any further claims by the buyer, especially claims for damages, are excluded unless the damage was caused intentionally or through gross negligence by the seller or their employees.
The seller is not liable to the customer or third parties for damages, losses, or costs resulting from the non-performance of the contract due to the aforementioned reasons.
The seller is also not liable for any fraudulent or unlawful use of payment methods by third parties in the payment of the ordered products.
In the case of non-conformity, the provisions of the statutory warranty obligations pursuant to Legislative Decree No. 206/2005 apply if the customer is a consumer.
It is the customer's responsibility to check the integrity of the products and the packaging, including any seals, upon delivery of the goods (quality control). In case of damage to the packaging, the customer must immediately notify the courier. In this case, the customer has the right to accept the goods "with reservations," which should be noted on the courier's delivery note, e.g., "box with holes on the side," "open box without tape," "damaged box," etc.
If the product is damaged during transport, the customer must notify the seller within 24 hours by email and provide a detailed description of the damage suffered by the product.
In any case, the products must be checked by the customer at the time of delivery to ascertain their conformity with the order and the absence of defects or other non-conformities. The legal guarantees provided for by Italian law apply to the sale of products purchased on the website.
Special provisions for consumers:
According to Article 130 of the Italian Consumer Code, the seller is liable to the consumer for any non-conformity existing at the time of delivery of the goods. In the event of non-conformity, the consumer has the right to have the conformity of the goods restored free of charge through repair or replacement, or to demand an appropriate price reduction or the termination of the contract. The consumer may request free repair or replacement at their choice unless the requested remedy is not possible or would involve disproportionate costs compared to the other remedy. In case the package has obviously been damaged, the customer is also advised to immediately notify customer service at the address provided on the website. The legal guarantee for the conformity of goods, provided for in Articles 128 ff. of the Italian Consumer Code, is 24 months: the seller is liable according to Article 130 of the Italian Consumer Code if the non-conformity becomes apparent within two years from the delivery of the goods. It is understood that the consumer loses this right if they do not notify the seller of the non-conformity within 2 (two) months from the date on which they discovered the defect (Article 132 of the Italian Consumer Code).
The risk of accidental loss or deterioration of the purchased item passes to the buyer at the time when they are in default of acceptance.
The seller is not liable for:
- Delays in the delivery of the products offered for sale, which are due to insufficient stock at its suppliers;
- To the extent permitted by law, the seller disclaims any liability in the event that the delivered products (in whole or in part) do not comply with the legislation of a country other than Italy;
- The seller is also not liable for minor deviations between the purchased products and the images and text descriptions published on the website.
Except in cases of intentional misconduct or gross negligence, the seller is only liable for direct and foreseeable damages at the time of the purchase of its products. Therefore, the seller is not liable for indirect damages or other types of damages or costs, including but not limited to losses incurred, lost profits, or other damages that are not a direct and immediate consequence of its breach of contract or were not foreseeable at the time of the purchase of the products.
The seller is not liable for the fulfillment of the obligations of third parties who offer conventional warranties regarding their products offered for sale on the website or in the seller's stores.
§ 7. Right of withdrawal
In accordance with the provisions of Legislative Decree No. 206/2005, the customer, who is a consumer, has the right to withdraw from the concluded contract within a period of 14 working days, without stating any reasons and without penalty. The deadline starts from the day the customer has received the products purchased on the website. The withdrawal must be expressly and in writing communicated to the seller.
If the withdrawal procedures are not followed, the seller reserves the right not to accept the returned products.
If the right of withdrawal is exercised in accordance with the above conditions, the seller is obliged to refund the amounts paid by the customer within 14 days from receiving the returned products, by bank transfer to the bank account specified by the customer, except for all shipping and delivery costs for the return, which are borne by the customer. The return of the products is made by the customer through the shipping or courier service indicated in the order.
This right is granted exclusively to consumers as defined by Legislative Decree No. 206/2005.
The consumer may exercise his right of withdrawal in accordance with Articles 52 ff. of Legislative Decree No. 205/2006 (Consumer Code) within fourteen days from the day on which the consumer or a third party designated by the consumer acquires physical possession of the goods, or in the case of multiple goods ordered by the consumer in a single order and delivered separately, from the day on which the consumer or a third party designated by the consumer, who is not the carrier, acquires physical possession of the last good.
To exercise the right of withdrawal, it is sufficient to communicate this decision by opening a ticket through sending an email to the email address info [at] tiefenbrunner.com. The invoice number and date of the order, the item number and quantity of each item to be returned must be specified.
In order for the withdrawal or return to be accepted by the seller, the products must be returned within a period of 14 (fourteen) days, by sending the withdrawal form and complying with all the conditions listed below, starting from the date on which the customer has notified the seller that he wishes to withdraw from the purchase or make the return:
- The products must be returned complete with all original packaging (boxes, accessories, labels, protective devices, etc.);
- The purchase receipt must be included with the products;
- The products returned by the customer must not have been opened, used, or damaged;
- Damaged products that are the subject of the return must be returned as they were received by the customer, without being altered, manipulated, or attempted to be repaired.
In the event of withdrawal, all payments made by the customer in favor of the seller will be refunded by bank transfer (excluding the cost of returning the goods), unless the customer explicitly requests the refund according to the payment method chosen for the product for which the withdrawal has been exercised. In addition to the price of the goods, the consumer will be refunded the original shipping costs. The seller must make these payments within fourteen days from the day he is informed of the consumer's decision to withdraw from the contract.
The seller may withhold the refund until he has received the goods back or until the consumer has provided evidence of having returned the goods, whichever is the earlier (as per Article 57 of Legislative Decree 206/2005). According to Article 57 of Legislative Decree No. 206/2005, the consumer is only liable for any diminished value of the goods resulting from handling the goods other than what is necessary to establish the nature, characteristics, and functioning of the goods.
For the purposes and effects of Article 59 of the Consumer Code, the right of withdrawal is excluded in the following cases:
- Delivery of goods that are made according to the consumer's specifications or are tailored specifically to them;
- Delivery of sealed goods that are not suitable for return due to reasons of hygiene or health protection and have been opened after delivery;
- Delivery of items that, after delivery, are inseparably mixed with other items due to their nature.
- Delivery of alcoholic beverages whose price was agreed upon at the time of the purchase contract, but whose delivery can only take place after thirty days and whose actual value depends on market fluctuations that cannot be controlled by the seller.
§ 8. Communication with the customer
For any questions, especially before the conclusion of the contract, complaints, or suggestions from the customer, they can contact Schlosskellerei Turmhof Tiefenbrunner GmbH, Schlossweg 4, 39040 Kurtatsch (BZ), Italy, info [at] tiefenbrunner.com.
The customer acknowledges and accepts that all communications from the seller relating to the purchase of the products will be sent to the email address provided by the customer during their registration.
§ 9. Data protection
The customer is informed that they can obtain information about the processing of their personal data through the "Privacy" link on this website.
§ 10. Applicable law, Jurisdiction
Italian law shall apply to the contractual relationship. Subject to consumer protection provisions, the substantive and local jurisdiction of the court shall be as determined by the seller's registered office. Therefore, the exclusive place of jurisdiction, to the extent permitted by law, is Bozen (Italy).
§ 11. Online dispute resolution
For disputes arising from this contract in connection with the online sale of goods and services between the seller and a consumer, the seller hereby declares their willingness to participate in the alternative dispute resolution procedure at the ADR office "Onlineschlichter.it" (European Consumer Center, Zwölfmalgreiner-Str. 2, I-39100 Bolzano, Tel. 0471-975597 Fax 0471-979914). Complaints to Onlineschlichter.it can be submitted via the website www.onlineschlichter.it.
Complaints can also be submitted via the European Commission's ODR platform at http://ec.europa.eu/odr.
§12. Final provisions
This contract supersedes all previous written or oral agreements, arrangements, and negotiations between the parties.
The possible invalidity of individual clauses does not affect the validity of the entire contract.
In case of inconsistencies between the German and other versions of these terms and conditions, the German version shall prevail.