General Terms and Conditions

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Weingut Morandell, Armin Morandell, St. Josef am See 34A, 39052 Kaltern/Italy

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1   General and scope of application

1.1 These General Terms and Conditions govern the sale of products from us to you as a customer. Please read these GTC carefully before sending us an order. By submitting an order, you agree to their application to your order: as soon as we refer you to these GTC during the ordering process and you agree to them.

 

1.2  All agreements made between you and us (Weingut Morandell) in connection with the respective purchase contract result from these GTCs of your order and our order confirmation.

 

1.3  These GTC apply exclusively.

 

1.4  Deviating, conflicting or supplementary General Terms and Conditions of Business provided by you shall only become part of the contract if we expressly agree to their validity. The precedence of individual agreements remains unaffected by this.

 

1.5  The products offered on the website www.weingutmorandell.com are marketed and sold directly by Weingut Morandell in 39052 Kaltern. This website is intended for business-to-consumer (B2C) transactions.

 

1.6  The logo and trademarks on the website are the exclusive property of the supplier.

 

1.7  These GTCs apply to the contract of sale of consumer goods (wine, apple juice and the similar) concluded between the Supplier and the Customer within the framework of a distribution system organised by the Supplier for distance selling.

 

1.8  A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business, craft or profession.

 

1.9  The General Terms and Conditions may be subject to amendments. They shall take effect on the date of their publication on the above-mentioned website.

 

1.10  The essential product characteristics are described on the Supplier's website as accurately as possible. However, there may be errors, discrepancies or small differences between the product shown on the website and the actual product. Furthermore, the photos of the products on the website are not considered to be an element of the contract, as they are only representative.

 

2   Prices

 

2.1  The prices at the time of your order are valid.

2.2  All prices published on our website are gross prices in euros including VAT, shipping costs are shown separately. Our offers on this page are aimed exclusively at end consumers and are valid as long as stocks last.

 

3   shipping costs

 

3.1 We deliver to Italy, Germany and Austria. If you are interested in delivery to another country, please contact us at +39 3280638920 or via info@weingutmorandell.com

 

3.2  Any customs duties, fees, taxes or other public charges incurred on delivery abroad are to be assumed by the customer.

Italy, Austria, Germany

Up to a purchase value of € 179.99 in wine, we charge € 15 shipping costs. From a purchase value of € 180.00 we deliver free of charge. When ordering apple juice, we charge a flat rate of € 25.00 per order for shipping costs due to the lower bottle price.

For quantity discounts: on request

 

4   Conclusion of contract

 

4.1  All offers on www.weingutmorandell.com are non-binding.

 

4.2  We also reserve the right to change offers.

 

4.3  The contract is concluded as soon as the customer has sent us the order form. The confirmation contains the order number, the price of the purchased product, the shipping and delivery charges, the delivery address and the link to print and save a copy of these General Terms and Conditions (GTC).

 

4.4  The Customer further declares and acknowledges that the Supplier is not bound by any other contractual terms and conditions unless they have been agreed in writing in advance.

 

4.5  The Customer agrees to verify the accuracy of the personal data provided in the above e-mail and to notify the Supplier of any changes and/or additions without delay.

 

4.6  The customer is prohibited to provide false and/or invented and/or fictitious data and/or data of known or unknown third persons when registering via the corresponding online form or when providing data in the case of orders placed by telephone or e-mail. The customer assumes full liability for the accuracy and truthfulness of the information provided to complete the order process.

 

4.7  The customer gives the supplier the express right to accept the order in part only (for example, if not all products ordered are available for whatever reason). In this case, the contract shall be valid for the product actually sold.

 

4.8  The Supplier informs the Customer that each incoming order will be stored or kept in digital form on the server/on paper at the Supplier's registered office in accordance with the criteria of confidentiality and data security.

 

4.9  In the case of an order placed by telephone or e-mail (e.g. due to a circumstance according to § 10.2.), these GTCs and the data protection information are accepted by the customer by e-mail when confirming the supplier's offer.

 

4.10  The electronic transmission of the order by the customer or the confirmation of the supplier's offer in the case of an order placed by telephone or e-mail thus presupposes full knowledge of these terms and conditions and their complete acceptance.

 

4.11  The contract concluded by e-mail is valid from the moment when the customer informs the supplier by e-mail that he accepts the offer and the GTC and data protection information contained therein.

 

5   Delivery

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5.1 Unless otherwise agreed in writing and unless the customer picks up the goods himself at the supplier's headquarters at Caldaro sulla strada del vino (BZ) - Italy, the products ordered by the customer will be shipped or delivered exclusively to the countries listed on the website and in Art. 3.

 

5.2  Delivery is generally made within five working days (excluding postal delivery), unless another specific delivery period or delivery date has been agreed.

 

5.3  Each delivery contains the ordered product, the corresponding transport document or accompanying invoice, any documentation required by the state for the delivery and possible information or marketing documents.

 

5.4  When receiving the Products, the Customer must ensure that the delivered Product corresponds to the order; only after this verification may the Customer sign the delivery documents, subject to the right of cancellation provided for in Article 8 of the GTCS.

 

5.5  With your order, you expressly authorise us to engage the forwarding company on your behalf. Weingut Morandell expressly excludes any joint liability or risk-sharing and warranty for actions and damages that are attributable to the activities of commissioned transport companies and fall within their legal sphere.

 

5.6  Please ensure that the goods can actually be delivered to you. If you are not at home, you can also specify a neighbour or the address of your place of work as the delivery address. In the event of repeated delivery due to non-acceptance of the goods, we reserve the right to charge the additional costs incurred by the carrier.

 

5.7  According to. Art. 1; para. 1 of the Ministerial Decree of 21 December 1992, the mail order business is exempt from issuing fiscal documents (tax receipt, invoice, etc.). You will receive an accompanying document from us containing all information relevant to the order. Please keep the accompanying documents! They are important as proof of purchase in the event of complaints. If required, we will be prepared to send you a copy of your order details.

 

6   Payment and payment modalities

 

6.1  The shipment of the products takes place with prepayment after receipt of the bank transfer.

The product will be dispatched after confirmation of receipt of payment.

 

6.2  We want payment to be as secure and simple as possible for you and offer you the following options:

a) Prepayment by bank transfer

Once we have received your order, you will receive an order confirmation from us by e-mail. Transfer the amount to the account specified on the order confirmation. Please state the order number as the reason for payment. Delivery will be made immediately after receipt of the bank transfer.

Our bank details:

Armin Morandell

Banca popolare dell’Alto Adige

IBAN: IT48E 05856 58250 053570005757

 

7   Protection of minors

 

7.1  We only enter into contractual relationships with customers of legal age. By submitting an order, the customer confirms that they are of legal age in their own country and under their own legislation.

 

7.2  The customer assures that the information provided regarding his age, name and address is correct.

 

7.3  The customer also undertakes to ensure that the delivery is only accepted by him personally or by authorised persons of legal age.

 

7.4  In the event of non-compliance, we reserve the right to take legal action in accordance with Italian law.

 

7.5  We reserve the right to have the age of majority checked by the parcel service when the parcel is handed over.

 

8   Withdrawal/cancellation

 

8.1  The right of withdrawal applies only to the products referred to in Legislative Decree no. 206/2005 (hereinafter the "Decree" or "Consumer Code").

 

8.2  Within the limits of the provisions of the Decree and for the products for which the right of withdrawal is not excluded, the Customer has the right to withdraw from the purchase contract concluded within a period of fourteen days, without giving any justification and without penalty. The period runs from the day on which the customer received the products purchased on the website. The cancellation or withdrawal must be communicated expressly and in writing to the Supplier at info@weingutmorandell.com. The Customer may also use the model withdrawal form attached in Annex I, section B of Legislative Decree no. 21/2014, although this is not mandatory.

 

8.3  The right of withdrawal is in any case subject to the following conditions:

- the products must be returned in their entirety

- the returned products must not be used or damaged

- the Products must be returned in their original packaging; in the absence of the original packaging, the Customer may not exercise the right of withdrawal

- the products must be returned to the seller in a single delivery

- the products to be returned must be handed over to the courier service within 14 days of receipt of the product.

If these withdrawal procedures are not respected, the Vendor reserves the right not to accept the returned Products.

 

8.4  The Customer is liable for any diminished value of the Product resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the Product.

 

8.5  If the right of withdrawal is exercised in accordance with the above conditions, the Supplier is obliged to refund the amounts paid by the Customer within 14 (fourteen) days of receipt of the returned Products by bank transfer to the bank details provided by the Customer, with the exception of the total shipping and delivery costs for the return, which shall be borne by the Customer. The customer shall return the products via the forwarding or courier service specified in the order.

 

8.6  In the cases expressly provided for by art. 59 of the Decree, the Customer may not exercise the right of withdrawal.

 

9   Warranty

For all defects in the purchased item occurring during the statutory warranty period, the statutory claims for subsequent performance, for rectification of defects/replacement and - if the statutory requirements are met - the further claims for reduction or withdrawal as well as compensation for damages, including compensation for damages instead of performance and compensation for your futile expenses, shall apply at your discretion.

 

10  Limitation of liability

10.1  In the event of force major events (such as accidents, explosions, fires, strikes, earthquakes, floods, epidemics, pandemics or the enactment of governmental measures and decrees which severely prevent or totally block business activity, even temporarily, or other comparable events which wholly or partially prevent the timely performance of the contract), the supplier shall not be liable for late or missing delivery of the products.

 

10.2  The Customer cannot hold the Supplier liable for malfunctions or interruptions beyond its control in connection with the use of the Internet, except in the event of intent or gross negligence through the Supplier.

 

10.3  The Supplier shall not be liable to the Customer or any third party for any damages, losses or costs resulting from the non-performance of the Contract for the reasons stated above.

 

10.4  The Supplier shall also not be liable for any fraudulent and unlawful use of means of payment by third parties when paying for the Products ordered, provided that the Supplier can prove that it has taken all necessary precautions in accordance with the current state of knowledge and experience and with the necessary care.

 

10.5  Under no circumstances shall the Supplier be liable for the loss, disclosure, theft or unauthorized use of the Customer's access data by third parties for any reason whatsoever.

 

11   Property reservation

If, for any reason and by way of exception, the Supplier makes advance payment, it shall retain title to the delivered product until the purchase price owed has been paid in full.

 

12   Data protection

The customer is informed that he can obtain information about the processing of his personal data via the "Data protection" link on this website.

 

13   Applicable law

 

13.1 This contract and all legal relationships between the parties shall be governed by Italian law (Italian Civil Code and Consumer Code) to the exclusion of the laws on the international sale of goods (Vienna UN Convention).

 

13.2 In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer (customer) has his habitual residence is not withdrawn.

 

14 Place of jurisdiction

 

14.1 If the customer acts as a consumer, the exclusive place of jurisdiction for all disputes arising from this contract is the district in which the customer has his place of residence, provided that this is in Italy.

14.2 If the customer is not acting as an end consumer, but as a merchant or legal entity (B2B), the exclusive place of jurisdiction for all disputes arising from this contract shall be that of the supplier's registered office.

 

15   online dispute resolution

 

Online dispute resolution pursuant to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/.

 

16   final provisions

 

16.1 This contract cancels and replaces all previous written and verbal agreements, arrangements and negotiations between the contracting parties on the same subject matter of this contract.

 

16.2 The possible invalidity of an individual contractual provision does not cause the invalidity and invalidity of the entire purchase contract.

 

16.3 The GTC have been drawn up in German, Italian and English. The contracting parties agree that in the event of difficulties of interpretation, the text in German shall be deemed authentic and effective

 

The Customer declares that, with reference to Article 1341 of the Italian Civil Code, he accepts in particular the following clauses of this Agreement: 

Artt. 4.3., 4.4., 4.7., 4.8., 4.9. (conclusion of contract);

Art. 7 (Protection of minors);

Art. 10 (Limitation of liability)

Art. 11 (retention of title);

Art. 13.1 (applicable law)

Art. 14.2 (Place of jurisdiction)