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 Minors 

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.

3. PRICES

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.

6. LIMITATION OF LIABILITY

6.1 In the event of force majeure (such as accidents, explosions, fires, strikes, earthquakes, floods, epidemics, pandemics or the enactment of governmental measures and decrees that strongly prevent or totally block any business activity, even temporarily, or other comparable events that prevent the timely execution of the contract in whole or in part), the Seller shall not be liable for late or missing delivery of the Products.

6.2 The Purchaser cannot hold the Seller liable for operational disruptions or interruptions beyond his control in connection with the use of the Internet, except in the case of intent or gross negligence on the part of the Seller.

6.3 The Seller shall not be liable to the Customer or any third party for any damage, loss or costs resulting from the non-execution of the contract for the above reasons.

6.4 Nor shall the Seller be liable for any fraudulent and unlawful use of means of payment by third parties in the payment of the products ordered, insofar as the Seller can prove that it has taken all necessary precautions in accordance with the current state of knowledge and experience and with the necessary care.

6.5 In case of conformity defects, the provisions of the legal warranty obligation according to the Legislative Decree no. 206/2005 shall apply.

6.6 Under no circumstances shall the Seller be liable for the loss, disclosure, theft or unauthorized use of the Customer's access data by third parties, for whatever reason . 

7:  RIGHT OF WITHDRAWAL

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

Within 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 concluded purchase contract within the period of 14 (fourteen) days, without giving any reason for justification and without penalty. The period starts from the day when the Customer has received the Products purchased on the Website. The revocation or withdrawal must be communicated to the Seller explicitly and in writing at info_at_stpauls.wine. The Customer may also use the model withdrawal form attached in Annex I, Section B of Legislative Decree No. 21/2014, which is not mandatory.

In any case, the right to withdraw 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; otherwise the Customer shall be not entitled to withdraw;
• 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.

The Customer must pay for any loss of value of the product if this loss of value is due to an improper handling of the product for testing the nature, properties and functionality of the product.

In the event that the right of withdrawal 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 Purchaser via the shipping or courier service that is indicated in the order.

In the cases expressly provided for by art. 59 of the Decree, the Purchaser cannot exercise the right of withdrawal.

8. EARLY TERMINATION OF THE CONTRACT

8.1 The obligations provided for in §§ 2.3.4. and 2.4.2. and 2.4.3. are considered essential to this contract for the Customer.

8.2 This being said, failure to fulfil even one of these obligations, unless it is due to fortuitous events or force majeure in accordance with § 6.1, shall result in the immediate termination of the contract in accordance with § 1456 Italian Civil Code

9. RETENTION OF TITLE

If the Seller for any reason and exceptionally process and send the product without getting the payment before, the Seller reserves the right to retain ownership of the delivered product until the purchase price owed has been paid in full.

10. 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:

KELLEREI ST.PAULS,
Schloss-Wart-Weg 21
I-39057 St. Pauls, Eppan (BZ)
Phone: +39 0471 1807700
E-Mail-adress:    info_at_stpauls.wine

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.

11. 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.

12. APPLICABLE LAW

12.1. The present contract and all legal relations between the parties are governed by Italian law (Italian Civil Code and Consumer Code) to the exclusion of the laws on the international sale of movable goods (Vienna UN Convention).

12.2. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer (customer) has his habitual residence is not withdrawn.

13. PLACE OF JURISDICTION

13.1. If the customer acts as a consumer, the exclusive place of jurisdiction for all disputes arising from this contract shall be that in whose district the customer is domiciled, provided the customer is domiciled in Italy.

13.2. If the customer does not act as an end consumer, but as an entrepreneur or legal entity (B2B), the exclusive place of jurisdiction for all disputes arising from this contract shall be that in whose district the Seller has its place of business.

14. Disputes with Consumers
The Purchaser is hereby informed that in accordance with Article 14 of EU regulation no. 524/2013, he or she may, in the event of a dispute, submit a complaint via the online dispute resolution platform (ODR platform) of the European Union, which can be accessed via the following link: http://ec.europa.eu/consumers/odr/(the platform will be active from 15th February 2016). The ODR platform is a point of contact for purchasers who wish to resolve out of court disputes that fall within the scope of online purchase agreements or online service contracts. For this purpose, the email address of the seller is info_at_stpauls.wine

15. FINAL PROVISIONS

15.1 The General Terms and Conditions were 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.

15.2 The possible invalidity of a single contractual provision does not cause the invalidity and ineffectiveness of the entire purchase contract.

The Buyer declares that he approves specifically, with reference to article 1341 of the Italian Civil Code, the following clauses of this Contract: 

Artt. 2.3.2., 2.3.4., 2.3.5., 2.3.8. (execution oft he contract),
Artt. 2.4.2. (Minors)
Art. 6 (limitation of liability)
Art. 8 (early termination of the contract)
Art. 9 (retention of title)
Art. 13.2. (Jurisdiction)