General Terms and Conditions

of ‘Kellerei Gries, St. Magdalena, St. Justina, St. Peter, Leitach und Bozen – Genossenschaft und landwirtschaftliche Gesellschaft’, with registered office in Italy, 39100 Bozen (BZ), Moritzinger Weg 36, VAT Reg.No.: IT00121460216, Commercial Registry of Bozen: 00121460216, REA-Number: BZ-15364, PEC-Address: kellereibozen@pec.rolmail.net, e-mail: info@kellereibozeno.com, phone: +39 0471 270909, legally represented by Michael Bradlwarter (hereinafter called „seller“ or „Kellerei Bozen“);

1) Scope and Acceptance of this terms and conditions

1.1. All products and services offered on this website (shop.kellereibozeno.com, short: „website“ or „webshop“) are made available by the seller and are exclusively regulated by the current terms and conditions published here at the time an order is placed.

1.2. This webshop and the products and services shown, are reserved for B2C business only. The terms and conditions shown, regulate the purchase made on this website between seller and buyer. By accepting the terms and conditions the buyer declares to make the purchase for domestic purposes only.

1.3. The terms and conditions are made available for the buyer/customer, in accordance with decree no. 70, Art. 12, from 9. April 2003.

1.4. The seller is obliged to forward the chosen products and services (when available) after the total amount due has been paid by the buyer.

1.5. All orders are submitted directly online, after completion of the order form with all necessary information.

1.6. The buyer is obliged to accept the complete terms and conditions before placing an order and declares hereby to have read all of it and agrees to them without restraint. Furthermore, the buyer is aware of the fact, that the seller is not bound to any other conditions as the ones shown here, unless they have been agreed on in writing beforehand.

1.7. In order to agree on the given terms and conditions all parts of the online form have to be filled in correctly.

2) Pricing

2.1. All prices shown on our website are gross prices and include VAT. All offers are exclusively for final consumers and subject to availability.

2.2. All prices shown on this website are subject to change without notice, offers are generally non-binding. We engage in keeping all information shown up to date and correct, still it is possible that information might differ slightly at the time an order is placed. All colours and pictures shown, depend on the settings of the user’s hardware and might not appear the same as in real life.

2.3. Delivery costs depend on the country of destination and may vary accordingly. All delivery prices are calculated immediately when making your order and are shown prominently close to the total cost. All costs for a delivery are at the buyer’s expense, who is informed about them prior to placing an order.

3) Conclusion of Contract

3.1. All products and offers shown online are non-binding. By placing an order, the buyer binds himself to the offer and opts for the conclusion of a one-time contract, agreeing to the terms and conditions.

3.2. The order is accepted by the seller when the buyer receives an E-Mail confirmation of his order. The contract is concluded at the place of the sellers legally registered address.

3.3. In accordance with decree no. 70/2003, the seller informs the customer, that all incoming orders are saved digitally on the seller’s server (which is located on the premises) and may be filed on paper as well. All data is handled and saved in conformity with the GDPR (see art. 11 for further information).

3.4. To place an order, the buyer must be of legal drinking age in his country and at least 18 years old. As the seller does not form contracts with minors, all buyers are obliged to state their age or date of birth truthfully before placing an order.

3.5. It is not allowed to sell more than 90 litres of wine or 60 litres of sparkling wine within one shipment for domestic uses. Therefore, we have restricted the possible order quantity to 80 bottles at a time, per customer.

4) Payment

4.1 The payment will be due immediately upon conclusion of contract.

4.2 Discounts for immediate payment are not granted.

4.3 The following payment methods are accepted: cash before delivery via bank transfer, online payment by credit card or PayPal. Please, see the site ‘Payment and Delivery’ for further information on the accepted payment methods.

4.4. All orders will only be processed when cashed.

5) Delivery

5.1. Excluding personal pick-ups, the seller will forward the order to the address given with a courier chosen by him beforehand. The delivery will be made within the time given on the website and confirmed by mail. Whenever the seller will not be able to pack and send the order within the given timeframe, the buyer will be informed by e-mail about it. However, the seller may not be held responsible for any delay caused by the courier after the shipment was handed over.

5.2. In case of absence of the buyer upon delivery, the courier will furnish the buyer with all information necessary for re-delivery or pick-up details.

5.3. The seller may not be held responsible for any unavailability caused by incorrect or missing address details given by the buyer.

5.4. If it seems beneficial for processing the order, the seller may opt for a partial shipment.

5.5 The buyer must make sure the delivered goods are correct and intact and accepts the delivery by signing the shipping documents. The delivered goods remain subject to the granted right of withdrawal according to no. 10 of the terms and conditions.

5.6. It is the sole responsibility of the customer, to make sure the delivery is accepted by him or an authorized person of full age. The customer exempts the seller from any claims arising from third parties, caused by a violation of this commitment.

5.7. For any self-pick-up, the seller will advise the customer by E-Mail about his order being readily packed. The customer may pick-up his order afterwards and will not be charged any freight or delivery costs.

5.8. Any additional costs, deriving from a delay or refuse of acceptance or additional expenditures caused by the customer, may be asked for by the seller to cover at the buyer’s expenses.

5.9. The risk of accidental destruction or downfall of the product or services is entirely devolved to the customer when being in default of acceptance.

6) Limitation of Liability

6.1. For any downfall of the products or services happening within the legal warranty, the customer may ask for rectification or substitute. In case the seller fails to provide this, the customer is allowed to step back from the initial contract or ask for a markdowno. Further requests made by the buyer (e.g. indemnity claims) are obsolete, as long as the seller does not violate the contract deliberately or wantonly negligent.

6.2. The seller is not responsible for any delay or failure of delivery caused by acts of nature beyond control (e.g. accidents, explosions, earthquakes, flooding, strikes or alike).

6.3. Kellerei Bozen may not be held responsible for any disruption or malfunction of the website or it’s services, caused by third parties or that are beyond the seller’s control.

6.4. Non-performance of the contract due to reasons stated above, does not result in a liability of the seller towards the customer or third parties.

6.5. Misuse or fraudulent handling of credit cards or other means of payment does not result in a liability of the seller, if the latter is able to proof having taken adequate and precautionary measures for the security of payment.

7) Guarantee and Customer Services

7.1. Kellerei Bozen only offers high quality products. For any questions occurring, laments or ideas the buyer wants to make the seller aware of, he can contact the seller by e-Mail shop@kellereibozeno.com. To ensure the request can be handled rapidly and correctly. We kindly ask our customers to be as precise as possible when describing the matter, offering order number and/or other relevant data. The buyer has to hold back the bottle, cork and bottle content in case he is asked to return a faulty product.

7.2. Any lack of conformity is handled according to decree no. 206/2005 (regulation on warranty deeds).

7.3. It might occur that bottles depicted on the website do not show the correct vintage. The available vintage is stated in the product description and will be explicitly shown on the order confirmationo. The seller holds the right, if sold out, to ship the next available vintage if the prices are similar. Refusal of this handling has to be made clear by the customer.

8) Buyer’s Responsibility

8.1. The buyer is bound to pay the total amount of the ordered goods within the time due, using one of the accepted payment methods.

8.2. It is mandatory to read and agree to these general terms and conditions before placing an order. According to Italian law (decree no. 206/2005), the buyer is obliged to print and retain the GTC as well as the product specifications of the goods ordered.

8.3. It is forbidden to provide incorrect and/or fictional data upon registrationo. Furthermore, it is only allowed to give the buyers own personal data and e-Mail address. Third party data must not be used. The buyer is therefore liable for the correctness and truth of all data provided.

8.4. The buyer holds the seller harmless from any liability for issuing erroneous tax documents because of incorrect/false data, that has been provided by the buyer beforehand, who is responsible for providing correct data in the first place.

8.5. When buying alcoholic beverages, the buyer confirms and declares truthfully to be of legal drinking age in his country and at least 18 years of age. Additionally, the buyer states all data given to be veridical.

9) Right of Withdrawal According to Decree No. 206/2005 (Consumer Rights)

9.1. Right of withdrawal is only applicable to products stated in decree no. 206/2005.

9.2. The customer holds the right to step back penalty free from the initial contract within 14 days after receipt. The seller must be explicitly informed about the withdrawal within this given time by e-Mail or over the phone (shop@kellereibozeno.com - +39 0471 270909). The customer may use the template provided by decree no. 21/2014 appendix I, section B, to state his withdrawal.

9.3. All regulations on returns, costs, deadlines, and further aspects are stated in decree no. 206/2005 and apply to all contracts concluded on this website.

10) Limitations

10.1. Excluding the cases mentioned by law, all messages/information between seller and buyer are preferably exchanged by e-Mail. This method of communication is regarded as a valid means of communication by both parties and may not be demurred at court because of the fact, that the documents are electronic solely.

10.2. Both parties hold the right to change their e-Mail address(es) at any given time, if they inform the other party of the changed address in a timely manner, using the means of communication stated in 9.2.

11) Privacy

11.1. To use this webshop, the buyer has to provide necessary personal data. Duly and on-time processing of an order is unattainable otherwise.

11.2. The seller protects the customer’s privacy and guarantees all data to be processed in accordance with European and national data protection laws and regulations (general data protection regulation – GDPR).

11.3. The customer declares to have read all information under the terms of art. 13 GDPR and the Privacy Policy of this website. All necessary information is accessible by using the following link: shop.kellereibozen.com/en/Information/Privacy/. All required information and rights about privacy and the protection of the customer’s personal data are validated on the website before the submission of the order. Acknowledgement of the above therefore is the precondition for an order confirmation to be issued.

12) Place of Jurisdiction and Applicable Rights

12.1. Both parties should seek to amicably settle any disagreement in relation to or stipulated by this contract.

12.2. In case a disagreement cannot be settled in an amicable fashion, the disagreement is brought to court in accordance with art. 66-bis of decree no. 206/2005, at the place of the buyer’s residence, conditional to the fact that this residence is on Italian territory. If the buyer is not the final consumer, it is agreed (even when differing from the territorial competence of court), that the court of Bolzano is the exclusive venue of jurisdiction.

12.3. The contract at hand is governed by Italian law.

12.4. If not stated otherwise, all laws in relation to the stated business relationships and cases are applicable. In any case they are subject to the rights of the Italian Civil Code and decree no. 206 from 6th September 2005 (consumer’s code of ethics).

13) Online Dispute Resolution

13.1. Kellerei Bozen states its willingness to reconcile any disputes arising from the contract made for goods and services of the seller and the customer, by taking part in the procedures of alternative dispute resolution offered by „onlineschlichter.it“. (European Consumer Advice Centre, Via Dodiciville 2, I-39100 Bolzano, Tel. 0471-975597 Fax 0471-979914). Any complaint may be submitted online on the following website: www.onlineschlichter.it

13.2. The complaint may also be submitted to the ODR platform provided by the European Commission: http://ec.europa.eu/odr

14) Final Clause

14.1. This contract replaces all written and verbal agreements or contracts about the same subject, that have been agreed on prior to this one.

14.2. Any possible ineffectiveness of single regulations does not invalidate the rest of the contract.

14.3. These general terms and conditions are provided in Italian, German and English. In case of uncertainty or difficulties of interpretation, the German version is considered as legally binding.