1. GENERAL INFORMATION.
EBERHARD TOGGENBURG, with registered office in 39100 Bolzano (BZ), Via Runkelsteiner 1, registered in the Commercial Register of the Bolzano Chamber of Commerce under no. 189848, operates the website http://www.toggenburg.it, through which it sells its range of wines online.
These General Terms and Conditions apply exclusively between EBERHARD TOGGENBURG and any person or customer who makes online purchases via the aforementioned website.
The General Terms and Conditions govern the online sale between the seller and the customer, in particular the conclusion of the sale and the delivery of the products offered on the website.
The General Terms and Conditions may be subject to change. They are effective from the date of their publication on the aforementioned website.
2. CONCLUSION OF CONTRACT
2.1 Subject matter of the contract
The object of the purchase contract concluded between the seller and the customer is the product offered on the seller’s website in the online catalogue and selected by the customer.
The essential product characteristics are described on the seller’s website to the best of the seller’s ability. Nevertheless, there may be errors, inaccuracies or small differences between the product shown on the website and the actual product. Furthermore, the photos of the products on the website are not considered to be an element of the contract, as they are merely representative.
The said product is sold by EBERHARD TOGGENBURG or purchased by the customer, whereby the contract is concluded exclusively via the Internet by accessing the said website and following the ordering procedure indicated there.
Before confirming the order, the customer undertakes to read and accept these General Terms and Conditions.
2.2 Pre-contractual information
Prior to the conclusion of the contract, the customer will examine the characteristics and features of the product offered at the time of his choice.
If applicable, the customer will be informed, in accordance with Legislative Decree no. 206/2005, before confirming the order with payment obligation,
* of the total price, including taxes, shipping and delivery charges and any other costs;
* the terms of payment;
* the delivery period;
* the conditions, terms and procedure regarding any right of cancellation;
* the fact that he must bear the costs of returning the product in the event of cancellation;
* about the legal guarantee for the purchased product;
is informed.
2.3 Conclusion of contract
The product selected by the customer in the seller’s online catalogue is moved to the shopping cart on the website. Once the customer has accepted the shopping basket, he undertakes to fill in the corresponding order form completely and correctly. The contract is concluded as soon as the customer has accepted the purchase with payment obligation and receives a corresponding confirmation from the seller by e-mail to the e-mail address provided by the customer. The confirmation contains the order number, the price of the purchased product, the shipping and delivery charges, the delivery address and the link to print and save a copy of these General Terms and Conditions.
The customer undertakes to check the accuracy of the personal data provided in the above e-mail and to notify the seller of any changes and/or additions without delay.
2.4 Minors
The products offered on the website and the sale are aimed exclusively at customers of legal age.
3. PRICES
All product, shipping and delivery prices indicated on the website and in the order confirmation are inclusive of VAT at the statutory rate in Italy, if applicable. Prices are expressed in euros.
The product, shipping and delivery prices are calculated and indicated in the online order before payment.
The customer accepts that the seller may change the prices at any time. In any case, the prices indicated on the website and in the confirmation message at the time the order is sent electronically shall apply.
All products are shipped directly from Italy, with shipping and delivery costs being borne by the buyer in addition to the product price. Unless otherwise specified, in the case of shipping to non-EU countries or to countries where the applicable regulations provide for import duties, the product and delivery prices indicated on the website and in the order are exclusive of any customs duties and related taxes.
These costs shall be borne solely by the customer and shall be paid directly by the customer upon delivery, in accordance with the specifications in the order confirmation.
4. PAYMENT MODALITIES
Payment of the product, shipping and delivery prices shall be made in advance using one of the methods specified in the order model on the website.
4.1 Credit cards and prepaid credit cards.
For online orders via our website, payments by credit card or prepaid credit card are accepted without any additional costs to be borne by the seller.
5. DISPATCH AND DELIVERY OF THE PRODUCT
Unless otherwise agreed in writing, the dispatch or delivery of the product ordered by the buyer will be made exclusively to the countries listed on the website.
Furthermore, the dispatch or delivery shall be made by a carrier or courier service selected by the Seller to the address specified by the Buyer in its order. The delivery time is indicated on the website and in the order confirmation. If the delivery cannot be made within the deadline, the buyer will be informed of this in good time by e-mail. If the buyer is absent at the time of delivery, he will receive a notice with details on how to contact the carrier/courier service to agree the terms of delivery. In any case, the seller is not liable for the late or non-delivery of the goods in the event of inaccurate or incorrect address data provided by the buyer.
Each delivery contains the ordered product, the corresponding transport document or accompanying invoice, any documentation required by the state for delivery and any information or marketing documents.
If the country you require is not included, please contact us at info@toggenburg.it so that we can inform you of the individual transport costs.
TRANSPORT INFORMATION
* Minimum order quantity: 6 bottles, also of different wines, for bottle size 0.75 litres.
* We ship in special transport boxes containing 6 bottles each.
* The order quantities must therefore always be a multiple of 6 based on the minimum quantity: 12, 18, 24… bottles.
* Shipping costs: 15,-€
* From a value of goods of 150,-€ the shipping costs are cancelled.
6.LIABILITY
In the event of force majeure, the seller is not liable for late or missing delivery.
The buyer cannot 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 wilful misconduct or gross negligence on the part of the seller.
The seller is not liable to the customer or third parties for any damage, loss or costs resulting from the non-execution of the contract for the above-mentioned reasons.
The Seller shall also not be liable for any fraudulent and unlawful use of means of payment by third parties when paying for the products ordered, provided that 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.
In the event of conformity defects, the provisions of the legal warranty obligation pursuant to Legislative Decree no. 206/2005 shall apply.
7. RIGHT OF CANCELLATION
In accordance with the provisions of Legislative Decree no. 206/2005, the customer has the right to withdraw from the contract concluded within 14 working days, without giving any justification and without penalty. The period starts from the day the customer has received the products purchased on the website. The cancellation or withdrawal must be declared to the seller expressly and in writing.
The right of cancellation is in any case subject to the following conditions
* the products must be returned in full;
* the returned products must not be used or damaged
* the products must be returned in their original packaging
* the products must be returned to the seller by means of a single delivery;
* the products to be returned must be handed over to the courier service within 14 days of receipt of the product.
In the event of non-compliance with the cancellation terms, 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 customer the amounts paid by him within 14 days of receipt of the returned products by bank transfer to the bank details provided by the buyer, with the exception of the total shipping and delivery costs for the return, which are borne by the customer. The buyer shall return the products via the carrier or courier service specified in the order.
8.COMMUNICATION WITH THE CUSTOMER
If the customer has any questions, in particular before conclusion of the contract, complaints or suggestions, he can contact
EBERHARD TOGGENBURG
Runkelsteinerstrasse 1
I-39100 Bolzano (BZ) Telephone: +39 3358448556 E-mail address: info@toggenburg.it
.
The customer acknowledges and accepts that all communications from the seller in connection with the purchase of the products will be sent to the e-mail address provided by the customer at the time of registration.
9.DATA PROTECTION
The customer is informed that he can obtain information on the processing of his personal data via the “Data Protection” link on this website.
10.APPLICABLE LAW JURISDICTION
The contractual relationship shall be governed by Italian law. Subject to the provisions on consumer protection, the subject matter and territorial jurisdiction of the judicial authority of the seller’s registered office shall apply.
11. DISPUTES WITH CONSUMERS
The Buyer is informed, pursuant to art. 14 of EU Regulation no. 524/2013, that in the event of a dispute, he may submit a complaint via the European Union’s online dispute resolution platform (ODR platform), accessible at the following link: http://ec.europa.eu/consumers/odr/ (the platform will be active from 15 February 2016). The ODR platform is a contact point for buyers who wish to settle disputes relating to online sales contracts or online service contracts out of court. For this purpose, the seller’s email address is info@toggenburg.it