From Hofbrennerei Gaudenz with registered office in I – 39020 Partschins (BZ), Gaudententurmstraße 7, VAT No. IT02541400210, e-mail address: firstname.lastname@example.org, tel. +39 348 7341463 (hereinafter “Seller”);
the following is agreed:
1. subject matter of the contract
1.1 These general terms and conditions, which are made available to the Buyer for reproduction and retention pursuant to Article 12 of Legislative Decree No. 70 of 9 April 2003, have as their object the purchase of products at a distance and by means of distance communication through the Seller’s website.
1.2 By the present Contract, the Seller sells and the Buyer purchases at a distance the Products listed and offered for sale on the Seller’s Website.
1.3 The essential characteristics of the Products are described on the Seller’s website. Illustrations of the Products do not necessarily reflect their properties accurately.
1.4 The Seller undertakes to deliver the selected Products – if available – against payment of the corresponding amount in accordance with Article 3 of this Contract.
2. acceptance of the terms and conditions
2.1 All orders are submitted by the Buyer to the Seller by completing the specified order process.
2.2 These General Terms and Conditions shall be reviewed “online” by the Buyer prior to completion of the order process. The transmission of the order on the part of the Buyer thus implies full knowledge of these Terms and Conditions and their full acceptance.
2.3 The Buyer, who transmits the confirmation of his order by telematic means, undertakes to fully accept the terms and conditions of business and payment described below and to comply with them in his business relations with the Seller; he declares that he has seen and accepts all the information provided by the Seller in terms of the above provisions, and he further acknowledges that the Seller is not bound by any terms and conditions to the contrary, unless they have been agreed in writing in advance.
2.4 In order to accept the Terms and Conditions, all sections of the online form must be filled in completely and accurately by following the instructions on the screen and, finally, by ticking the boxes ACCEPTING THE TERMS AND CONDITIONS AND PRIVACY INFORMATION and thus accepting them.
3. order modalities and sales prices
3.1 The prices of the Products indicated on the Website are expressed in Euros and include VAT. They are always indicative and must be expressly confirmed by e-mail by the Seller, who thereby accepts the order.
3.2 The product prices published on the homepage or in other sections of the Website are inclusive of VAT. The shipping costs, which vary depending on the ordered items and the selected destination country, are always calculated when entering the online order and are clearly indicated for the Buyer. The total cost of shipping to the Buyer’s address is at the Buyer’s expense, except in the case of exceptions and variations, which will be appropriately announced on the website and/or communicated by e-mail. In any case, the costs will be communicated to the Buyer before confirming the order.
3.3 Once the Buyer has found the desired product in the online electronic catalog at the address https://www.hofbrennrei.com/en, he/she may place it in the electronic shopping cart without obligation. The content of the shopping cart can be viewed, changed or removed by the Buyer at any time. After confirming the shopping cart, the buyer must fill in the application form correctly and completely and give consent to the purchase online. The ordering process can be cancelled at any time by closing the browser window.
4. conclusion of contract
4.1 The order shall be deemed accepted by us only as soon as we send the Customer a shipping confirmation by e-mail (within 3 business days for products ready for shipment, after 5 days at the latest) or by delivery of the goods in the designated period. The contract is concluded in the place where the legal seat of the Seller is located.
4.2 Only orders in household quantities are accepted. This shall also apply in the event that the placement of several orders by the same Customer exceeds the quantity customary for the household, even if the individual orders contain only a quantity of the Product customary for the household.
4.3 The Seller informs the Buyer, in accordance with Article 12 of GvD 70/2003, that each incoming order will be stored/kept in digital form on the server/paper at the Seller’s registered office in accordance with the criteria of confidentiality and data security.
4.4 The Seller intends to enter into contractual relations only with persons of legal age.
5. payment modalities
5.1 The purchase price is due for payment upon the conclusion of the purchase contract.
5.2 Payments by the Buyer can be made only in the following forms: Prepayment by bank transfer, online payment by credit card (Stripe) or PayPal. For more information on the individual payment methods, please refer to the “Payment” page.
6. delivery modalities
6.1 Except for cases of personal collection of the Product directly from the Seller, the Seller will deliver to the Buyer the Products selected and ordered in accordance with the modalities described in the preceding articles, by means of carriers or courier services of trust, to the delivery address indicated by the Buyer. Delivery is possible within those delivery countries listed on the Website and, depending on the item and destination country, will be made within the period indicated on the Seller’s site and in the e-mail confirmation. In the event that the Seller is not able to make the delivery within this period, the Buyer will be notified in a timely manner by e-mail. Upon the Buyer’s request and provided that the Seller agrees to do so, deliveries are also possible to other countries not listed above. The terms of delivery and payment, as well as all costs incurred – which shall in any case be borne by the Buyer – shall be agreed upon by the contracting parties in each of these cases.
6.2 If the Buyer is absent at the time of delivery, a note will be left with the necessary information to contact the courier or carrier and agree on the delivery terms.
6.3 The Seller is not responsible for the delay or lack of delivery of the goods in case of inaccurate or incorrect address data provided by the Buyer.
6.4 The Seller does not offer partial deliveries. However, the Seller reserves the right to split the delivery into several packages for logistical reasons. In this case, the Buyer shall bear only the shipping costs that would have been incurred in the case of total delivery of the ordered goods.
6.5 Upon receipt of the goods, the Buyer must verify that the delivered product corresponds to the order; only after this verification may the Buyer sign the delivery documents, subject to the right of withdrawal provided for in Article 10 of the Terms and Conditions.
6.6 The Buyer is obliged to ensure that only he himself or persons of legal age authorized by him to receive the delivery accept the delivery of goods. The Customer shall indemnify the Seller against any claims of third parties arising from a breach of this obligation.
6.7 If the Buyer is in default of acceptance or culpably violates other obligations to cooperate, the Seller shall be entitled to demand compensation for the resulting damage, including any additional expenses. Further claims shall remain reserved.
6.8.. The risk of accidental loss or accidental deterioration of the purchased goods shall pass to the Buyer at the time when the Buyer is in default of acceptance.
7. limitation of liability
7.1 The Seller shall not be liable if the goods are delivered late or not at all and this is due to cases of force majeure, such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods or other comparable events which prevent the timely execution of the contract in whole or in part.
7.2 The Buyer shall not hold the Seller liable for any malfunctions or interruptions beyond the Seller’s control in connection with the use of the Internet, except in the event of intent or gross negligence on the part of the Seller.
7.3 The Seller shall not be liable to the Contracting Parties or third parties for any damages, losses and costs resulting from the non-execution of the Contract for the above reasons.
7.4 The Seller shall not be liable for any fraudulent and unlawful use of credit cards, checks and other means of payment by third parties when paying for the ordered Products, if the Seller can prove that it has taken all possible precautions according to the current state of knowledge and experience and with due diligence.
8. warranty and customer service
8.1 The Seller sells only original products of high quality. In case of any questions, complaints or suggestions, the Buyer may contact email@example.com. In order to ensure prompt processing of the questions, complaints or suggestions, the Buyer should describe the problem as precisely as possible and, if necessary, send copies of order documents or indicate order number, customer number, etc.
8.2 In case of conformity defects, the provisions on the statutory warranty pursuant to Legislative Decree No. 206 of September 6, 2005 shall apply.
8.3 The warranty shall apply only to the products specified in Legislative Decree No. 206 of 6 September 2005.
9 Obligations of the Buyer
9.1 The Buyer undertakes to pay the purchase price for the ordered goods in the term and form specified in the contract.
9.2 Upon completion of the ordering process, the Buyer shall print and keep these General Terms and Conditions, which he/she has already viewed and accepted in a mandatory step at the time of ordering, as well as the product specifications of the ordered product, in order to fully comply with the conditions specified in Legislative Decree No. 206 of 6 September 2005.
9.3 The Buyer is strictly prohibited from entering false and/or fictitious and/or fantasy data when registering through the relevant online form. In the case of personal data and e-mail address, only the Buyer’s own real data and not those of third parties or invented persons may be entered. Thus, the Buyer assumes full liability for the accuracy and truthfulness of the information provided in the registration form to complete the ordering process.
9.4 The Buyer indemnifies the Seller from any liability for the issuance of incorrect tax documents due to incorrect information provided by the Buyer, who is solely responsible for the correct data entry.
9.5 When purchasing alcoholic products, the Buyer confirms and expressly declares that he/she has reached the minimum legal age of 18 years provided for the purchase of alcoholic products. In addition, the Purchaser of alcoholic products declares that the data submitted for the execution of the contract are true.
10. right of withdrawal according to legislative decree no. 206/2005
10.1 The right of withdrawal shall apply only to the products specified in Legislative Decree No. 206 of 6 September 2005.
10.2 For the products for which the right of withdrawal is not excluded, the Purchaser may withdraw from the concluded contract without penalty and without giving any reason within 14 (fourteen) days from the receipt of the ordered goods. Any revocation shall be addressed to Hofbrennerei Gaudenz with registered office in I – 39020 Partschins (BZ), Gaudententurmstraße 7, VAT No. IT02541400210, e-mail address: firstname.lastname@example.org, tel. +39 348 7341463.
10.3 If the Buyer wishes to exercise his right of withdrawal, he must inform the Seller of his decision to withdraw from the contract by means of a clear statement (e.g. a letter sent by mail, fax or e-mail). The Buyer may also use the model withdrawal form attached in Annex I, Section B of Legislative Decree No.21/2014, which, however, is not mandatory.
10.4 In order to comply with the withdrawal period, it is sufficient that the Buyer sends the notification of exercise of the right of withdrawal before the expiry of the withdrawal period. The burden of proof regarding the intended exercise of the right of withdrawal lies with the Buyer.
10.5 The return of the goods must be made without delay and in any case no later than within 14 (fourteen) days from the date on which the Buyer notified the Seller of its decision to withdraw from the contract. The Buyer shall be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
10.6 In the cases expressly provided for in Article 59 of Legislative Decree No. 206/2005, the Buyer may not exercise the right of withdrawal.
10.7 In case of exercising the right of withdrawal according to the provisions of this article, the Buyer shall bear the costs directly related to the return of the goods to the Seller.
10.8 The Buyer who exercises his right of withdrawal in accordance with the provisions of this Article shall be refunded all amounts already paid, including delivery costs, with the exception of additional costs incurred because the Buyer expressly opted for a type of delivery other than the cheaper standard delivery offered by the Seller. The refund will be made without delay and in any case within 14 days from the date on which the Seller was informed of the Buyer’s decision to exercise the right of withdrawal, using the same means of payment used by the Buyer in the original transaction, unless otherwise expressly agreed with the Buyer. However, Seller may refuse repayment until it has received the goods back or until Buyer has provided proof that it has returned the goods, whichever is the earlier, unless Seller has offered to collect the goods itself.
10.9 Upon receipt of the notice in which the Buyer notifies the Seller of the exercise of the right of withdrawal, the Parties shall be released from their respective obligations, without prejudice to the provisions of this Article.
10.10 Exclusion of the right of withdrawal: the right of withdrawal does not apply to contracts for the supply of goods that can spoil quickly or whose expiry date would be quickly exceeded. There is no right of withdrawal, unless otherwise agreed, for contracts for the provision of services related to leisure activities, if the contract provides for a specific date or period for the provision. Accordingly, a right of withdrawal is also excluded in the case of contracts for the sale of tickets for scheduled leisure events.
10.11 The EU has set up an online portal to help dissatisfied customers. In the event of complaints about goods or services purchased from us via the Internet, you can find a neutral dispute resolution body at the following addresshttp://ec.europa.eu/consumers/odr to reach an out-of-court solution. Please note, for some industries and in some countries there are currently (as of 01/02/2017) no dispute resolution bodies. Therefore, as a consumer, you may not be able to use this portal to resolve disputes with us in these countries. For more information, please visit the EU online portal. We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board. Nevertheless, we are generally willing to participate in a dispute resolution procedure before a consumer arbitration board.
10.12. If a wine is delivered with a defect (e.g. cork taste), we ask customers to contact our customer service department at email@example.com. We will replace corked goods after receiving the lot number of each bottle. Unfortunately, since cork is a natural material, it can be subject to natural variations in quality. We record and control each incident together with the producer and ask for your understanding should this problem occur.
11. express termination clause
11.1 The obligations foreseen for the Buyer in art. 9 are essential to this contract. It is therefore expressly agreed that the non-performance of even one of these obligations – unless due to accident or force majeure – shall result in the termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a court judgment.
12.1 Except for the cases expressly mentioned or those established by law, communications between the Seller and the Buyer shall preferably be made by e-mail messages sent to the respective e-mail addresses, which shall be considered by both Parties as a valid means of communication and the use of which cannot be objected to in court solely on the basis of the fact that they are electronic documents.
12.2 Written communications to the Seller, as well as any complaints, shall be valid only if sent to the address of Hofbrennerei Gaudenz with registered office in I – 39020 Partschins (BZ), Gaudententurmstraße 7, VAT No. IT02541400210, e-mail address: firstname.lastname@example.org, tel. +39 348 7341463.
12.3 Either Party may change its e-mail address for the purposes set forth in this Article at any time, provided that it promptly notifies the other Party in compliance with the forms referred to in the above paragraph.
13. processing of personal data
13.2 The Seller shall protect the privacy of the Customers and shall ensure that the data processing complies with the data protection provisions pursuant to Legislative Decree No. 196 of 30 June 2003.
13.3 The personal and fiscal data obtained by the Seller as data controller, directly and/or through third parties, shall be collected and processed in paper or electronic and telematic form, depending on the method of processing, for the following purposes: Registration of the order, implementation of the procedures for the execution of the contract and the related communications, fulfillment of the possible legal obligations, as well as ensuring the efficient management of the business relationship in the manner necessary to provide the requested service in the best possible way (art. 24, par. 1, letter b, Legislative Decree no. 196/2003).
13.4 The Seller undertakes to keep the data and information provided by the Buyer confidential and not to make them available to unauthorized persons, nor to use them for purposes other than those for which they were provided, nor to disclose them to third parties. Such data shall be disclosed only upon request of the judicial authorities or other authorities authorized by law.
13.5 Personal data shall be communicated only to persons entrusted with the performance of the activities necessary for the execution of the Contract and who have previously signed an undertaking to keep such data confidential. The data shall be transmitted exclusively for this purpose.
13.6 The Buyer shall be entitled to the rights referred to in art. 7 of Legislative Decree no. 196/03, including the right:
a) to request the updating, the rectification or, if there is an interest, the integration of the data;
b) to request that data processed unlawfully be erased, made anonymous or blocked, including data whose retention is not necessary for the purposes for which it was collected or subsequently processed;
c) obtain confirmation that the operations as per letters a) and b) have been notified, also as regards their contents, to those to whom the data have been communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected. The data subject shall also have the right to object, in whole or in part:
(i) oppose, on legitimate grounds, the processing of personal data concerning him or her, even if pertinent to the purpose of the collection;
ii) to oppose the processing of personal data concerning him/her, if such processing is carried out for the purpose of sending advertising material or direct sales, for market or opinion research or for commercial information.
13.7 The disclosure of own personal data by the Buyer is a necessary condition for the proper and timely execution of the Contract. Otherwise, the Buyer’s order cannot be processed.
13.8 The acquired data shall in any case not be kept beyond the period necessary for the purposes for which they were collected or subsequently processed. Their removal will be carried out in a secure manner.
13.9 The owner of the collection and processing of personal data is the Seller, to whose registered office the Buyer may address its requests and demands.
14. place of jurisdiction
14.1 In case of disputes arising out of or in connection with this Agreement, the Parties shall jointly endeavor to find a fair and amicable solution.
14.2 In the event that a dispute cannot be settled amicably, it shall be submitted, in accordance with article 66-bis of Legislative Decree no. 206/05, to the court in the district of which the Purchaser is domiciled, provided that this is located on Italian territory; if the Purchaser is not an end user, it is agreed that the court in Bolzano shall have exclusive jurisdiction over all disputes, even in derogation of the provisions on territorial jurisdiction.
15 Applicable law and reference to the law
15.1 The present contract shall be governed by Italian law.
15.2 Unless expressly provided otherwise herein, the legal provisions applicable to the business relationships and transactions provided for in this Contract shall apply and, in any case, the provisions of the Italian Civil Code and Legislative Decree No. 206 of September 6, 2005 (Consumer Code).
16. online arbitration
For the consumer disputes arising from this contract in connection with the
sale of goods and services between the seller and a consumer.
consumer, we guarantee already now our participation in the
procedure for alternative dispute resolution at the ADR center “Onlineschlichter.it”:
Zwölfmalgreiner Str. 2
39100 Bolzano (BZ)
Tel. 0471-975597 Fax 0471-979914.
become. The complaint can also be submitted via the ODR platform of the European Commission
under http://ec.europa.eu/odr to be submitted.
17. final provisions
17.1 This Agreement cancels and replaces all previous written and oral agreements, arrangements and negotiations of the Parties on the same subject of this Agreement.
17.2 The possible invalidity of individual provisions shall not affect the validity of the contract as a whole.
17.3 These General Terms and Conditions have been drawn up in Italian and in German. The contracting parties agree that in the event of any difficulties of interpretation, the text in Italian shall be considered authentic and effective.