General Terms & Conditions
General Terms and conditions for Online Purchase
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: firstname.lastname@example.org) 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.
Schlosskellerei Turmhof Tiefenbrunner Srl with headquarters at 39040 Cortaccia s.S.d.V. (BZ), Via Castello 4, tax identification number 01255160218, registered in the Commercial Register of the Bolzano Chamber of Commerce with number REA 109578, operates the website www.tiefenbrunner.com, through which it carries out the online sale of its product line of wine.
These General Terms and Conditions are valid exclusively between XX and any person, or any customer, who carries out an online purchase through the aforementioned website.
These General Terms and Conditions govern the online purchase between the seller and the customer, in particular the concluding of the sale and the delivery of the products that have been offered on the website.
These General Terms and Conditions are subject to change. They are in effect starting from the date of their publication on the aforementioned website.
2. EXECUTION OF THE CONTRACT
2.1 Subject Matter of Contract
The subject matter of the purchase contract that has been concluded between the seller and the customer is the product which has been offered on the website by the seller in the online catalogue and which has been selected by the customer.
The essential characteristics of the product are described to the best degree possible on the seller’s website. Nevertheless, errors, inaccuracies, or small differences may occur between the actual product and the way it is depicted on the website. In addition, the photos of products on the website shall not be regarded as a contractual element, since they merely have a representative character.
The cited product is sold by Schlosskellerei Turmhof Tiefenbrunner Srl. and purchased by the customer, whereby the contract is concluded exclusively over the Internet by means of access to the aforementioned website and the execution of the ordering process that is indicated therein.
Before the confirmation of the order, the customer is required to view these General Terms and Conditions and to accept them.
2.2 Precontractual Information
Before the execution of the contract, the customer will view the features and characteristics of the product that is offered at the point in time of his or her selection.
In accordance with Italian Legislative Decree no.206/2005, the customer will be informed before the confirmation of the order with an obligation for payment of the following, if applicable:
- The total price, including taxes, shipping and handling costs, and any other costs;
- The payment methods;
- The delivery date;
- The conditions, deadlines, and procedure with regard to a possible right to rescind the agreement;
- The circumstances that he or she must bear the costs of returning the product in the event that the agreement is rescinded;
- The warranty under law for the product that was purchased.
2.3 Execution of the Contract
The product that has been selected by the customer in the seller’s online catalogue is placed in the shopping cart on the website. After the customer has accepted the shopping cart, he or she is required to completely and correctly fill out the corresponding order form. The execution of the contract occurs as soon as the customer has accepted the purchase with the obligation for payment and has received a corresponding confirmation from the seller by e-mail to the e-mail address which the customer has provided. The confirmation contains the order number, the price of the product that was purchased, the shipping and handling charges, the delivery address, and the link in order to be able to save and print a copy of these General Terms and Conditions.
The customer is obligated to check the personal information that is provided in the aforementioned e-mail for its accuracy and to inform the seller without delay of any possible changes and/or additions.
The offering of products on the website and the sale are directed exclusively at customers who are legal adults.
All product prices, as well as shipping and handling prices, that are indicated on the website and in the order confirmation are understood to include value added tax at the rate as prescribed by law if owed. Prices are expressed in euros.
The product prices, as well as shipping and handling prices, are calculated and indicated before payment within the framework of the online order.
The customer hereby accepts that the seller may change the prices at any time. In any case, the prices that apply shall be those that are indicated at the time of the telematic sending of the order on the website and in the confirmation notice.
All products are shipped directly from Italy, whereby in addition to the product price, the shipping and handling costs are also to be borne by the buyer. To the extent that it is not indicated to the contrary, in the event of shipping to countries outside of the EU or to countries in which the regulations in force provide for import duties, the product prices and shipping costs that are indicated on the website and in the order are understood to not include any possible customs fees and corresponding taxes.
These costs shall be borne solely by the customer and shall be paid by him or her directly with the delivery, and that shall take place in accordance with procedures according to the order confirmation.
4. PAYMENT METHODS
The payment of the product price as well as the shipping and handling costs shall take place in advance and by means of one of the methods that is listed in the order form on the website.
4.1 Credit Cards and Prepaid Credit Cards
For online orders through our website, payments by means of credit card or prepaid credit card are accepted without any additional fees at the expense of the seller.
Payment may also be made in advance without any additional fees by Paypal.
5. SHIPPING AND DELIVERY OF THE PRODUCT
Except in the case of a written agreement to the contrary, the shipment or delivery of the product ordered by the customer shall take place only to the countries that are listed on the website.
Furthermore, the shipment or delivery shall take place through a shipping agent or courier service that is selected by the seller to the address that has been indicated by the buyer in his or her order. The delivery deadline is indicated on the website and in the order confirmation. In the event that the delivery cannot occur within the deadline, the buyer will be informed of that fact in a timely fashion by e-mail. In the event that the buyer is absent at the time of delivery, he or she will receive a notice with the details on how to get in contact with the shipping agent/courier service in order to agree upon the delivery conditions. In any case, the seller hereby declines all liability for the late delivery or non-delivery of goods in the event of inaccurate or incorrect address information that has been provided on the part of the buyer.
Each shipment will contain the product that was ordered, the corresponding shipping document or the accompanying invoice, documentation that may be required by the state for delivery, and possible information brochures or marketing enclosures.
In the event of force majeure, the seller shall not be liable for a late delivery or non-delivery.
The buyer shall not hold the seller liable for disruptions of operation or interruptions within the context of the use of the Internet that are beyond the seller’s control except in the case of wrongful intent or gross negligence on the part of the seller.
The seller shall not be liable with respect to the customer or to third parties for damages, losses, or costs as a result of the non-fulfillment of the contract for the aforementioned reasons.
The seller shall also not be liable for any fraudulent or unlawful use of means of payment by third parties with the payment for the products that were ordered to the extent that the seller can prove that that it has carried out all necessary precautionary measures according to the current state of knowledge and experience and with the necessary care.
In the event of a lack of compliance, the provisions of legal obligation for warranty under Italian Legislative Decree no. 206/2005 shall apply.
7. RIGHT OF RESCISSION
Within the framework of the provisions of Italian Legislative Decree no. 206/2005, the customer has the right to rescind the executed contract within a period of fourteen business days and may do so without providing any reason for justification and without suffering any penalty. The deadline begins starting from the day on which the customer has received the products that were acquired on the website. The revocation or rescission must be expressly explained to the seller in writing.
In any case, the right to rescind is subject to the following conditions:
- The products must be completely returned;
- The returned products may not be used or damaged;
- The products must be returned in their original packaging;
- The products must be sent back to the seller by means of one single shipment;
- The products to be returned must be provided to the courier service within fourteen days of the original receipt of the products.
In the event that the return conditions are not adhered to, then the seller reserves the right to not accept the returned products.
In the event that the right of rescission is exercised in accordance with the aforementioned conditions, then the seller is obligated to refund to the customer the amount that the customer paid within fourteen days of the receipt of the returned products by means of bank transfer using the banking information provided by the customer and to do so with the exception of the shipping and handling costs for the return, which shall be borne by the customer. The return of the products shall take place on the part of the buyer via the shipping or courier service that is indicated in the order.
8. COMMUNICATION WITH THE CUSTOMER
In the event of questions, in particular before the execution of the contract, complaints, or suggestions on the part of the customer, he or she may contact the seller at:
Schlosskellerei Turmhof Tiefenbrunner Srl., Via Castello 4, 39040 Cortaccia s.S.d.V., e-mail address email@example.com,
The customer hereby acknowledges and accepts that all communications from the seller within the context of the purchase of the products shall go to the e-mail address which the customer provides during his or her registration.
9. PROTECTION OF PERSONAL INFORMATION
The customer is hereby informed that he or she will receive information on the processing of his or her personal data through the “Personal Information” link on the website.
10. APPLICABLE LAW AND COMPETENT JURISDICTION
The contractual relationship shall be governed by Italian law. Subject to the provisions for consumer protection, the relevant and local jurisdiction of the judicial authorities of the registered address of the seller shall apply.
Place signed […..], date […..]
“I HEREBY AGREE” / “ACCEPT”
ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS BY THE BUYER
In accordance with Art. 1341 and Art. 1342 of the Italian Civil Code, the buyer hereby declares that he or she has carefully read the General Terms and Conditions as indicated above and expressly agrees to the following provisions:
Art. 6 (Liability),
Art. 7 (Right of Rescission),
Art. 10 (Competent Jurisdiction)
Place signed […..], date […..]
“I HEREBY AGREE” / “ACCEPT”