1. GENERAL AND SCOPE
1.1. KELLEREI ST. PAULS, with its registered office in 39057 St. Pauls/Eppan (BZ), Schloss-Warth Weg 21, registered in the Commercial Register of the Chamber of Commerce of Bolzano under no. 4184, operates the website http://www.stpauls.wine/de/shop (hereinafter "Website"), through which it carries out the online sale of its wine assortment.
1.2 The logo and trademarks of the Website are the exclusive property of the Seller.
1.3 The present General Terms and Conditions (hereinafter referred to as "GTC") of the KELLEREI St. Pauls (hereinafter referred to as the "Seller" or "Supplier") apply exclusively to all contracts for the supply of wine products concluded by a consumer (B2C) (hereinafter referred to as the "Customer" or "Purchaser") with the KELLEREI - Winery ST. PAULS with regard to the goods presented by the Seller in his online shop.
1.4 These General Terms and Conditions are understood to be the purchase contract for consumer goods (wine) of the Seller, which is concluded between the Seller and the Customer within the framework of a distribution system organized by the Seller for distance selling.
1.5 Consumer in the sense of these GTC is any natural private person who concludes a legal transaction for purposes that cannot be predominantly attributed to his commercial or independent professional and craft activities.
1.6 The general terms and conditions may be subject to changes. They are effective from the date of their publication on the aforementioned Website.
2. EXECUTION OF THE CONTRACT
2.1 Subject Matter of Contract
process 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 KELLEREI ST. PAULS 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 terminated;
- The warranty under law for the product that was purchased.
2.3 Execution of the Contract
2.3.1. 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 (GTC).
2.3.2 The Customer further declares and acknowledges that the Seller is not bound by any other contractual conditions unless they have been agreed in writing in advance.
2.3.3. 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.
2.3.4 It is forbidden for the Customer to provide false and/or invented and/or fantasy data and/or data of known or unknown third parties when registering via the relevant online form or when providing data in the case of orders placed by telephone or e-mail. The Customer assumes full liability for the correctness and truthfulness of the information provided at the conclusion of the ordering process.
2.3.5 The Customer expressly grants the Seller the right to accept the order, even partially (for example, if not all the products ordered are available for whatever reason). In this case the contract shall be deemed to have been concluded for the product actually sold.
2.3.6 The Seller informs the Customer that each incoming order will be stored or kept in digital form on the server/on paper at the Seller's registered office in accordance with the criteria of confidentiality and data security.
2.3.7 In the case of an order placed by telephone or e-mail (e.g. due to a circumstance according to § 6.2.), the Customer accepts these GTCs, as well as the data protection information, by e-mail when confirming the offer of the Seller.
2.3.8 The telematic transmission of the order by the Customer or the confirmation of the offer of the Seller in the case of an order placed by telephone or by e-mail thus presupposes full knowledge of these conditions and their full acceptance.
2.3.9 The contract concluded by e-mail shall be concluded at the moment when the Customer informs the Seller by e-mail that he accepts the offer and the general terms and conditions and data protection information contained therein completely and expressly.
2.4.1 The products offered on the Website and the sale are intended exclusively for Customers of legal minimum age.
2.4.2. When purchasing the alcoholic product on the Website, the Customer declares and confirms that he/she has reached the legal minimum age in his/her own country (18 years in Italy).
2.4.3 In addition, the purchaser of alcoholic products, under his own responsibility and in accordance with articles 46 and 47 of DPR (Decree of the President of Republic) no. 445/2000, declares that the data provided for the execution of the contract are true.
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 Purchaser. 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. The product will be dispatched strictly after confirmation of receipt of payment.
4.1 Credit Cards and Prepaid Credit Cards
For online orders through our website, payments by means of credit card (Visa or Mastercard), PAYPAL or prepaid credit card are accepted without any additional fees at the expense of the Seller. If the payment is made via PayPal, the customer is redirected to the PayPal website and has to register or create an account there.
If the Customer wishes to receive an invoice with VAT shown, he/she must provide the correct company details and contact the Seller at info_at_stpauls.wine.
4.2 Bank Transfer
Payment may also be made in advance without any additional fees by means of bank transfer to the current account [checking account] at the Südtiroler Volksbank - Eppan, IBAN IT 64 V 0585658160057578007058 , Swift BPAAIT2B057 .
5. SHIPPING AND DELIVERY OF THE PRODUCT
Unless otherwise agreed in writing and collected by the Customer at the Seller's place of business in St. Pauls, Appiano, the shipping or delivery of the product ordered by the Purchaser is exclusively to the countries 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 Purchaser 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 Purchaser will be informed of that fact in a timely fashion by e-mail. In the event that the Purchaser 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 Purchaser.
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.
If the country requested by the Customer (destination country) is not included, the Seller asks the Customer to contact the Seller at info_at_stpauls.wine so that he can inform the Customer of the individual transport costs.
Upon receipt of the Products, the Customer must verify that the Product delivered corresponds to the order; only after this verification may the Customer sign the delivery documents, subject to the right of withdrawal provided for in article 7 of the GTC.