General terms and conditions Winery Kornell

General terms and conditions

1. GENERAL INFORMATION

Weingut Kornell des Brigl Florian, with registered offices in Italy, 39018 Terlan – Siebeneich (BZ), Kosmas-und-Damian-Weg 6, tax no. BRGFRN75C05A952Z, sales tax identification no. 01604830214, registered in the Commercial Registry of Bolzano and in the directory of commercial activities no. REA BZ – 137054, manages the online website www.kornell.it, on which it also sells its stocks of wine.

These General Terms and Conditions apply exclusively to the Weingut Kornell des Brigl Florian (henceforth: “seller”) and any legal entity (henceforth: “buyer”) that performs online-purchases on the abovementioned website.

These Terms and Conditions govern all stages of the online sale between the seller and the buyer, in particular the conclusion of the contract and shipment of the offered goods, as well as the potential return of the goods and the guarantees in case of defects. These General Terms and Conditions apply both to business-to-business sales (B2B) and business-to-consumer sales (B2C). Pursuant to Art. 3, Par. 1, Lett. a) of Legislative Decree No. 206/2005, a consumer is a natural person, who is acting outside the scope of an economic activity (trade, business, craft, independent professional).

These General Terms and Conditions can be subject to changes. Changes take effect from the day of their publication on the abovementioned website and apply to contracts concluded by the parties after their publication.

These General Terms and Conditions do not apply to the supply of services or the sale of goods by third parties that may appear on the website www.kornell.it via links, banners or other hypertexts. It is recommended to always consult the respective General Terms and Conditions before ordering and purchasing goods or services offered by third parties. Weingut Kornell des Brigl Florian cannot be held liable in any way for the supply of services or for the sale of goods by third parties.

2. CONCLUSION OF THE CONTRACT

2.1. Subject matter of the contract

These General Terms and Conditions, and the documents referred therein, regulate the online-sale of the goods that are offered in the online catalog of the website www.kornell.it between Weingut Kornell des Florian Brigl and the buyer. The contract is concluded exclusively online; the buyer accesses the website www.kornell.it and proceeds to purchase one or more goods by following the established procedure on the website.

The essential characteristics of the goods are described on the website by the seller in the best way possible. Nevertheless, mistakes, imprecisions and small differences between the showcased good and the real ones are possible. Moreover, the photos and pictures of the goods depicted on the website are merely representative and not part of the contract.

Before confirming the order, the buyer proceeds to review and to accept the present General Terms and Conditions of Sale.

2.2. Precontractual information

Before the conclusion of the contract, the buyer carefully reviews the characteristics and properties of the offered goods.

Pursuant to Legislative Decree No. 206/2005, where applicable, the buyer is informed about the following contractual elements before placing the order and taking on the obligation to pay:

the comprehensive price, including taxes, shipping costs, and any other cost that is associated with the sale;
payment and performance methods;
the shipping method and the terms of delivery;
the conditions, terms and procedures for the legal right of withdrawal;
the fact that the buyer must pay for return shipment in case of withdrawal;
the legal guarantee of conformity regarding the purchased goods.

2.3. Conclusion of the contract

The goods that have been chosen by the buyer in the online catalog of the seller are moved into the basket. When the buyer has accepted the basket, she/he must completely and correctly fill out the online form to place the order. During the placement procedure, the present General Terms and Conditions are repeatedly displayed. The order can be placed in German, Italian and English. The language can be changed at any point at the bottom of the page before accepting the basket.

The contract is concluded when the buyer accepts the purchase with the obligation to pay and receives the respective confirmation via e-mail by the seller. The confirmation is sent to the e-mail address that has been provided by the buyer. It contains the order number, the comprehensive price of the purchased goods, the shipping costs, the delivery address and the present General Terms and Conditions.

The buyer must verify the accuracy of the personal details in the confirmation e-mail and must communicate to the seller any modification and/or addition thereof without delay.

2.4. Minors

The selection and the sale of goods that are offered in the online catalog are exclusively addressed to persons of age. For this reason, the buyer confirms to be at least 18 years old when placing the order. The buyer declares that the provided data regarding age, name and address is correct.

The buyer guarantees that the delivery is only received by her/him personally or by an adult person that has been assigned by her/him. In case of violation of these conditions, Weingut Kornell des Brigl Florian may refer the matter to the competent judicial authorities according to Italian Law.

In case of new clients, the seller may ask the shipping company to verify the age at the moment of delivery.

3. PRICES

3.1. Price elements

The prices of the goods and the shipping costs that are shown on the website and in the confirmation e-mail include the sales tax, as per Italian law. The prices are expressed in Euro (€).

The prices for the goods and the delivery thereof are shown and calculated online during the order placement before payment is made.

The buyer accepts that the seller may change the prices at any time. In any case, the prices that are shown on the website at the moment of placing the order and in the confirmation e-mail apply.

3.2. Shipping costs

All the goods are directly shipped from Italy.

Besides the price for the ordered goods, the shipping and delivery costs are at the expense of the buyer. In case of shipping to a country that is not part of the EU or countries, in which custom duties apply, the prices for the goods and the shipping costs that are shown on the website and in the confirmation e-mail do not include custom duties and respective taxes, unless otherwise stated. These additional costs are exclusively at the expense of the buyer and are directly paid by the latter at the moment of delivery, as indicated in the confirmation e-mail.

The following tariffs, which are at the expense of the buyer, apply to the shipping of the orders (packaging, shipping and delivery):

	from 1 to 17 bottles
Italy	24 €
Italy (Sicily, Calabria, Sardegna)	29 €
Germany, Austria	22 €
France, Belgium, Luxemburg, Spain	33 €
Denmark	43 €
Netherlands	28 €
Ireland	53 €
Sweden, Finland	43 €
Poland, Hungary, Slovakia, Slovenia	33 €

The offer of free shipping for an order of 12 bottles or more is valid for Germany, Austria and Italy.

Orders of more than 17 bottles are shipped for free.

4. PAYMENT METHODS

The buyer must pay the price of the ordered goods in compliance with the terms and modalities set out by these General Terms and Conditions.

Payment of the price of the ordered goods, as well as of the shipping costs, is made before shipping and delivery, and can be carried out with one of the modalities listed in the order form on the website.

In order to ensure an easy and safe payment for the buyer, the following payment methods are accepted.

4.1. Credit cards

Payment can be made by credit card or pre-paid debit card, without any additional charge for the buyer. Only credit cards by Mastercard and Visa are accepted.

If the buyer chooses to pay with credit card, the seller will collect the amount of the invoice by charging the card. Due to security reasons, the buyer is required fill in the card verification code (CVC), which is imprinted on the back of the credit card. The credit card data will not be saved. Thus, it must be re-inserted for every following order. Shipping commences immediately after the successful verification of the the credit card data and the solvency of the buyer.

4.2. Paypal

Payment can also be made through Paypal, without any additional charge for the buyer. In this case, the amount of the invoice will be directly transferred by Paypal.

In the event of withdrawal or termination of the contract, the refund will be transferred directly to the Paypal account provided by the buyer at the time of payment.

Weingut Kornell des Brigl Florian cannot be held liable for potential delays or other failures to perform that are caused by the management of Paypal.

5. SHIPPING AND DELIVERY OF THE GOODS

Shipping and delivery of the purchased goods are carried out in the event of payment by the buyer and exclusively towards the countries listed in Art. 3, Par. 2. In order to provide a faster delivery, Weingut Kornell des Brigl Florian may choose to carry out partial shipments.

Shipping is carried out by a shipping company chosen by the seller. The purchased goods will be delivered to the address that has been provided by the buyer during the placement of the order. With the shipping of the goods by the seller or by entrusting them to the shipping company, the risk and the guarantees pass on to the buyer, except as provided by Art. 63 of Legislative Decree No. 206/2005. The seller explicitly excludes any co-liability, contribution to the risk or to the warranty for events or damages that are caused by the shipping company, or that can be attributed to the actions of the shipping company.

The delivery times are shown on the website and in the confirmation e-mail. If the delivery cannot be carried out within these times, the buyer will be duly informed by e-mail. In any case, the seller endeavors to deliver the goods within 30 days of the conclusion of the contract.

In the event of absence of the buyer at the time of delivery, she/he will be provided the contact details of the shipping company in order to arrange the delivery. In any case, the seller cannot be held liable for the delay or failure to deliver due to an incorrect or inaccurate address provided by the buyer.

Every delivery contains the purchased goods, the respective shipping documentation or the accompanying invoice, if necessary further documentation required by the Law for the delivery and, possibly, further information and marketing documents.

Defects to the packaging and/or the products, or an incorrect packaging number must be immediately reported to the shipping company by specific indication thereof in the delivery documents.

6. LIABILITY

6.1. Disclaimer of liability in case of force majeure

The seller cannot be held liable for delays or failures to perform in the event of force majeure. An event of force majeure consists in the occurrence of an impediment that prevents Weingut Kornell des Brigl Florian from fully or partially performing their contractual obligations, when the impediment was beyond their reasonable control, when they could not reasonably have expected the impediment occurring at the time of the conclusion of the contract, and when they could not reasonable have avoided or overcome the effects of the impediment. Events of force majeure are, for example, natural catastrophes, fires, acts of terrorism, rebellion, war, epidemics, supervening legal provisions, national strikes.

The seller cannot be held liable for interruptions of the operations or of the internet use that are beyond its reasonable control.

The seller cannot be held liable by the buyer of third parties for direct and indirect damages, losses and any other costs deriving from the failure to perform the contract for the abovementioned reasons.

The seller is not liable for the use of fraudulent or illegal payment methods by third parties in the act of payment of the ordered goods, provided that the seller has taken all necessary precautions according to their current knowledge and experience, and according to the requested diligence.

6.2. Communication of incorrect data by the buyer

The buyer must not provide false, invented or fictional data in the online form during the registration; the personal details and the e-mail address must correspond to the real data and cannot belong to third parties or be purely fictional.

The buyer is fully liable for the accuracy and truthfulness of the provided data in the online form for the placement of the order. Consequently, the seller cannot be held liable for damages deriving from the communication of incorrect data by the buyer.

The buyer indemnifies the seller from all liabilities in the event of incorrect fiscal documents due to errors provided by the buyer, given that only the buyer is responsible for the truthfulness and correctness of the provided data.

6.3. Availability of the goods

The availability of the goods refers to their actual availability at the moment of the order placement. In any case, the availability is purely indicative, because:

the goods could have been sold to other buyers before the order placement due to the contemporary presence of several buyers on the website;
there could be a technical bug, so that goods appear available even though they actually are not.

Even after receiving the confirmation e-mail there could be the possibility of total or partial unavailability of the ordered goods.

In this case, the order will be automatically corrected and the ordered goods, that are unavailable, will be removed. The buyer will be immediately informed by e-mail. The buyer will also be informed about the terms and methods of the refund.

6.4. Legal Guarantee of Conformity (B2C)

The seller does not sell used, defective or qualitatively inferior goods. In any case, the seller provides the Legal Guarantee of Conformity pursuant to Legislative Decree No. 206/2005. The delivered goods are conformal if, at the moment of the conclusion of the contract, the buyer knew about the defect or should have been aware of it when acting with ordinary diligence, or if the defect is caused by instructions/declarations made by or by materials employed by the buyer.

In the event of a non-conformity, the buyer must immediately inform the seller of the non-conformity and provide detailed photos of the defect. The buyer must preserve the bottle, its content and the protective seal. Upon request by Weingut Kornell des Brigl Florian the contested goods must be returned. In this case the buyer must provide the shipping date, the shipping code, the tracking code and the expectable delivery date to the seller.

The buyer has the right to substitution of the defective goods, if the complaint is well-founded and the goods are readily available. If the goods are unavailable, the buyer can request a due reduction of the price or the termination of the contract pursuant to Art. 130 of Legislative Decree No. 206/2005.

The shipping costs for the substitution or the termination are at the expense of the seller.

In the event of a well-founded complaint, the seller transfers the due refunds with the same payment method as the one chosen by the buyer when placing the order. In case of payment with credit card, the refund will be carried out by bank transfer.

The guarantee must be invoked within 2 years of the delivery of the goods.

6.5. Legal Guarantee for Defects (B2B)

Pursuant to Art. 1490 of the Italian Civil Code, the seller provides the Legal Guarantee for Defects in B2B sales. The guarantee can be triggered if the goods can no longer be used or are considerably lowered in their value due to defects. The guarantee cannot be invoked if the buyer knew the defects at the moment of the conclusion of the contract or if the defects were easily recognizable.

The buyer must inform the seller at the latest within 8 (eight) days from the discovery of the defect and must provide detailed photos. The buyer has the right for a due reduction of the price. If not otherwise agreed upon in writing, substitution of the goods and termination of the contract are not possible.

The guarantee must be invoked within 1 year of the delivery of the defective goods.

7. RIGHT OF WITHDRAWAL (B2C)

Pursuant to the Legislative Decree No. 206/2005 the buyer has the right to withdraw from the contract within 14 days, without providing any specific reason. No penalty will be applied. The term of 14 days starts from the day on which the buyer or a third party entrusted by her/him claims the material possession of the purchased goods. The withdrawal must be communicated to the seller in a written and explicit form.

The right of withdrawal is excluded according to Art. 59, Lett. e) of the Legislative Decree No. 206/2005, if the protective seal of the bottle has been removed or otherwise damaged.

The right to withdraw is in any case subject to the following conditions:

the goods must be integrally returned;
the goods must be preferably returned in the original packaging; other packaging is allowed if suited to prevent potential damages by the shipping;
the goods must be returned in only one shipping;
the buyer must provide the shipping date, the shipping code, the tracking code and the expectable delivery date to the seller;
the goods must be entrusted to the shipping company within 14 days of claiming material possession of them.

The return of the goods must be carried out by the buyer through a shipping company selected by the seller. All the shipping and delivery costs are at the expense of the buyer.

In the event of incompliance with the conditions laid out above, the seller retains the right to not accept the returned goods.

If the right to withdrawal is carried out according to the conditions above, the seller will refund the buyer within 14 days of delivery of the returned goods through bank transfer, if the order has been paid with credit card, or through Paypal.

8. COMMUNICATION BETWEEN THE PARTIES

Unless where explicitly indicated or foreseen by law, the communications between the parties occur preferably by e-mail to their respective addresses. Both parties accept e-mails to be a valid means of communication. E-mails that are presented in court cannot be contested on the mere ground of their digital nature.

In case of questions, especially before the conclusion of the contract, complaints or suggestions, the buyer can contact the seller in the following ways at any time:

WEINGUT KORNELL DES BRIGL FLORIAN
39018 Terlan – Siebeneich (BZ), Kosmas-und-Damian-Weg 6
Tel. +39 (0) 471 917 507
E-mail: info@kornell.it

The buyer accepts that all the communications referring to the purchase of goods by the seller are sent to the e-mail address that has been provided by the former during the registration.

Both parties may change their e-mail address at any time, provided that they give due communication thereof to the other party, in particular if the change occurs during the performance of the contract.

9. PRIVACY

The buyer can review the privacy policy by clicking on the link “privacy policy” on this website.

By placing an order, the buyer declares to have reviewed the privacy policy and to accept the treatment of her/his personal data laid out therein.

10. APPLICABLE LAW AND PLACE OF JURISDICTION

In the event of disputes concerning the present contract or related aspects, both parties undertake to settle the dispute in a fair and amicable manner

The applicable law to the contractual relationship is the Italian Law. Except for the provisions of Art. 66 and Art. 66-bis of the Legislative Decree No. 206/2005, the place of jurisdiction is the place of the seller’s registered offices.

The buyer is informed that in accordance with Article 14 of EU Regulation No. 524/2013, she/he 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 ODR platform is a point of contact for buyers who wish to resolve out-of-court disputes that fall within the scope of online purchase agreements or online service contracts.