1. GENERAL

EBERHARD TOGGENBURG, with headquarters at 39100 BOZEN (BZ), Runkelsteinerstrasse 1, registered in the Commercial Register of the Bolzano Chamber of Commerce with number 189848, operates the website http://www.toggenburg.it, through which it carries out the online sale of its product line of wine.

These General Terms and Conditions are valid exclusively between EBERHARD TOGGENBURG and any person, or any customer, who carries out an online purchase through the aforementioned website.

These General Terms and Conditions govern the online purchase between the seller and the customer, in particular the concluding of the sale and the delivery of the products that have been offered on the website.

These General Terms and Conditions are subject to change. They are in effect starting from the date of their publication on the aforementioned website.

2. EXECUTION OF THE CONTRACT

2.1 Subject Matter of Contract

The subject matter of the purchase contract that has been concluded 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 EBERHARD TOGGENBURG 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 rescinded;
• The warranty under law for the product that was purchased.

  2.3 Execution of the Contract

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.

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. 

2.4 Minors 

The offering of products on the website and the sale are directed exclusively at customers who are legal adults.

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 buyer.  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.

4.1 Credit Cards and Prepaid Credit Cards 

For online orders through our website, payments by means of credit card or prepaid credit card are accepted without any additional fees at the expense of the seller.

5. SHIPPING AND DELIVERY OF THE PRODUCT

Except in the case of a written agreement to the contrary, the shipment or delivery of the product ordered by the customer shall take place only to the countries that are 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 buyer 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 buyer will be informed of that fact in a timely fashion by e-mail.  In the event that the buyer 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 buyer.

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.

INFORMATION TO TRANSPORT

• Minimum order quantity: 6 bottles, also of different wines, for bottle size 0,75l
• We ship in special transport boxes of 6 bottles each.
• The order quantities must therefore always form a multiple of 6 starting from the minimum quantity: 12, 18, 24... bottles.
• Shipping costs: 15,-€
• From a value of goods of 150,-€ delivery is free.

6. LIABILITY

In the event of force majeure, the seller shall not be liable for a late delivery or non-delivery. 

The buyer shall not hold the seller liable for disruptions of operation or interruptions within the context of the use of the Internet that are beyond the seller’s control except in the case of wrongful intent or gross negligence on the part of the seller.

The seller shall not be liable with respect to the customer or to third parties for damages, losses, or costs as a result of the non-fulfillment of the contract for the aforementioned reasons.

The seller shall also not be liable for any fraudulent or unlawful use of means of payment by third parties with the payment for the products that were ordered to the extent that the seller can prove that that it has carried out all necessary precautionary measures according to the current state of knowledge and experience and with the necessary care.

In the event of a lack of compliance, the provisions of legal obligation for warranty under Italian Legislative Decree no. 206/2005 shall apply. 

7- RIGHT OF RESCISSION

Within the framework of the provisions of Italian Legislative Decree no. 206/2005, the customer has the right to rescind the executed contract within a period of fourteen business days and may do so without providing any reason for justification and without suffering any penalty.  The deadline begins starting from the day on which the customer has received the products that were acquired on the website.  The revocation or rescission must be expressly explained to the seller in writing.

In any case, the right to rescind 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;
• 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.

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

8. 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:

EBERHARD TOGGENBURG,
Runkelsteinerstrasse 1
I-39100 Bozen (BZ)
Phone: +39 3358448556
E-Mail-adress: info_at_toggenburg.it

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.

9. 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.

10. APPLICABLE LAW AND COMPETENT JURISDICTION

The contractual relationship shall be governed by Italian law.  Subject to the provisions for consumer protection, the relevant and local jurisdiction of the judicial authorities of the registered address of the seller shall apply. 

11. 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_toggenburg.it