Terms and Conditions for Online Sales
1. GENERAL.
The “Kellerei St. Michael-Eppan Landw. Gesell. Genossenschaft“, whose registered office is located at Umfahrungsstrasse 17-19, 39057 Eppan a.d.W. (BZ), Italy, tax code no. IT00126670215, listed on the Commercial Register of the Bozen Chamber of Commerce under no. BZ9218, operates the website www.stmichael.it, through which it sells its range of wines online.
These General Terms and Conditions apply exclusively between “Kellerei St. Michael-Eppan Landw. Gesell. Genossenschaft” and any person or customer who makes online purchases via the above-mentioned website.
The General Terms and Conditions govern the online sales between the seller and the customer, in particular the conclusion of the sale and the delivery of the products offered on the website.
These General Terms and Conditions may be subject to amendment. They will come into effect on the date of their publication on the above-mentioned website.
2. CONCLUSION OF THE CONTRACT.
2.1 Subject matter of the contract.
The subject matter of the contract of sale concluded between the seller and the customer is the product offered in the online catalogue on the seller’s website and selected by the customer.
The key product characteristics are described as accurately as possible on the seller’s website. Nevertheless, errors, inaccuracies or minor differences may exist between the product shown on the website and the actual product. Furthermore, the photographs of the products on the website do not form part of the contract as they are for illustrative purposes only.
The above-mentioned product is sold by Kellerei St. Michael-Eppan Landw. Gesell. Genossenschaft and purchased by the customer; the contract is concluded exclusively via the internet by accessing the above-mentioned website and completing the ordering process set out therein.
The customer undertakes to read and accept these General Terms and Conditions before confirming the order.
2.2 Precontractual information.
Before concluding the contract, the customer shall review the features and characteristics of the product on offer at the time his/her selection is made.
In accordance with Legislative Decree no. 206/2005, the customer shall where applicable, prior to confirming the order with an attendant obligation to make payment, be informed of:
the total price, including taxes, postage and delivery charges, as well as any other costs;
the payment methods;
the delivery time;
the conditions, time limits and procedure relating to any right of withdrawal;
the fact that the customer must bear the costs of returning the product in the event of withdrawal;
the statutory warranty provisions for the product purchased.
2.3 Conclusion of the contract.
The product selected by the customer from the seller’s online catalogue will be added to the shopping basket on the website. Once the customer has confirmed the contents of the shopping basket, s/he undertakes to complete the relevant order form fully and accurately. The contract is concluded as soon as the customer has accepted the purchase, thereby undertaking to pay; s/he will receive corresponding confirmation from the seller by e-mail to the e-mail address provided. The confirmation will contain the order number, the price of the purchased product, the postage and delivery charges, the delivery address and a link to print and save a copy of these General Terms and Conditions.
The customer undertakes to check that the personal data contained in the above-mentioned e-mail is correct, and to notify the seller of any changes and/or additions without delay.
2.4 Minors.
The product range on the website and sales thereof are aimed exclusively at adult customers.
3. PRICES
All product, postage and delivery prices stated on the website and in the order confirmation are inclusive of VAT at the statutory rate, where applicable. Prices are quoted in euros.
The product prices, as well as the postage and delivery charges, are calculated and displayed during the online ordering process prior to payment.
The customer accepts that the seller may amend the prices at any time. In any event, the prices applicable are those stated on the website and in the confirmation message at the time that the order is submitted electronically.
All products are dispatched directly from Italy; in addition to the product price, the postage and delivery charges are payable by the buyer. Unless otherwise stated, in the event of dispatch to non-EU countries or to countries where the applicable regulations provide for import duties, the product and delivery prices are as stated on the website and in the order, and are exclusive of any customs duties or applicable taxes.
These costs are to be borne solely by the customer and are to be paid by him/her directly upon delivery, in accordance with the terms set out in the order confirmation.
4. PAYMENT METHODS.
Payment for the product, as well as for postage and delivery, must be made in advance using one of the methods listed in the ordering process on the website.
4.1 PayPal, credit cards and prepaid credit cards.
Payments by credit card or prepaid credit card for online orders placed via our website will be accepted without any additional cost to the buyer.
5. PRODUCT DISPATCH AND DELIVERY.
Unless otherwise agreed in writing, the product ordered by the buyer will be dispatched or delivered only to those countries listed on the website.
The product will be dispatched or delivered to the address specified by the buyer in the order via a freight forwarding or courier service selected by the seller. The delivery time will be stated on the website and in the order confirmation. The buyer will be promptly notified by e-mail if delivery cannot be made within this time. Should the buyer be absent at the time of delivery, s/he will receive a notification containing details on how to contact the freight forwarding or courier service in order to arrange the delivery terms. In any event, the seller shall not be liable for late or non-delivery of the goods in the event that the address details provided by the buyer should prove inaccurate or incorrect.
Each delivery shall contain the product ordered, the relevant transport document or accompanying invoice, any state-required documentation for delivery, and any information or marketing materials.
6. LIABILITY.
The seller shall not be liable for any delayed or non-delivery in the event of force majeure.
The buyer may not hold the seller liable for operational disruptions or interruptions beyond the seller’s control arising from the use of the internet, unless such disruptions or interruptions result from wilful misconduct or gross negligence on the part of the seller.
The seller shall not be liable to the customer or to any third party for any damage, loss or costs arising from the non-performance of the contract owing to the reasons set out above.
The seller shall furthermore not be liable for any fraudulent or unlawful use of payment methods by third parties when paying for the products ordered, provided that the seller can demonstrate that it has, on the basis of its current knowledge and experience and by exercising due care, taken all necessary precautions.
In the event of any non-conformity, the provisions governing the statutory warranty obligation under Legislative Decree no. 206/2005 shall apply.
7. RIGHT OF WITHDRAWAL.
Under the provisions of Legislative Decree no. 206/2005, the customer has the right to withdraw from the contract within 14 days, without giving any reason and without incurring any penalty. This period shall begin on the day on which the customer receives the products purchased on the website. Such withdrawal must be expressly communicated to the seller in writing. To exercise the right of withdrawal, the seller must be informed of the decision to withdraw from this contract by means of an unambiguous statement (e.g. a letter sent by post, an e-mail or a certified e-mail).
Please find our contact details below:
Kellerei St. Michael-Eppan Landwirtschaftliche Gesellschaft Genossenschaft
Umfahrungsstrasse 17-19
39057 Eppan
E-mail: sales@stmichael.it
Certified e-mail: kellerei@pec.stmichael.it
You also have the option of submitting your withdrawal via the withdrawal button provided for this purpose:
In any event, the right of withdrawal is subject to the following conditions:
the products must be returned in full;
the products returned must not have been used or damaged;
the products must be returned in their original packaging;
the products must be returned to the seller in a single consignment;
the products to be returned must be entrusted to the courier service within 14 days of the date on which the notice of withdrawal was given.
In the event of failure to comply with the above withdrawal procedures, the seller reserves the right not to accept the returned products.
If the right of withdrawal is exercised in accordance with the above conditions, the seller is obliged to refund the amounts paid by the customer within 14 days of receiving the returned products by means of bank transfer to the bank account details provided by the buyer, to the exclusion of the total postage and delivery costs for returning the products, which are to be borne by the customer. The buyer shall return the products via the freight forwarding or courier service specified in the order.
8. COMMUNICATION WITH CUSTOMERS.
Should the customer have any queries – particularly before entering into a contract – or wish to make a complaint or offer suggestions, s/he may contact:
Kellerei St. Michael-Eppan Landw. Gesell. Genossenschaft, Umfahrungsstrasse 17-19, 39057 Eppan a.d.W., Italy; office@stmichael.it.
The customer acknowledges and accepts that all communications from the seller relating to the purchase of the products shall be sent to the e-mail address provided by the customer at the time of registration.
9. DATA PROTECTION.
The customer is hereby informed that s/he can access the information regarding the processing of his/her personal data via the “Privacy Policy” link on this website.
10. APPLICABLE LAW AND JURISDICTION.
The contractual relationship will be governed by Italian law. Subject to the provisions governing consumer protection, the court (and therefore the place of jurisdiction) shall be that with competence for the location of the seller’s registered office.