General terms and conditions of sale (B2C)
GENERAL TERMS AND CONDITIONS OF SALE (B2C)
of the Distilleria Walcher SRL, with registered office in 39057 Appiano sulla Strada del Vino (BZ), Via Pillhof 99, VAT no. IT01180270215, registered in the Commercial Register of the Chamber of Commerce of Bolzano, registration with the REA no. BZ - 105020, e-mail: info@walcher.eu, Tel.: 0039 0471 631145, Fax 0039 0471 636137, in the person of its legal representative, Mr. Walcher Theodor (hereinafter referred to as "Seller");
Whereas:
- That the Seller operates the website www.walcher.eu (hereinafter "Site");
- that the Site is intended for business transactions between entrepreneur and consumer (B2C);
- that the expression "General Terms and Conditions of Sale (B2C)" means the contract of sale and purchase relating to the Seller's consumer goods concluded between the Seller and the Buyer within the framework of a distance selling system organized by the Seller;
- that the trademark and logo relating to the site are the exclusive property of the Seller;
- that these terms and conditions of sale govern the online sale between Distilleria Walcher SRL and the Buyer, who expressly declares that he/she is making the purchase for purposes that do not fall within the scope of his/her commercial, industrial, craft or professional activity;
- that these premises form an integral and substantial part of the contract;
it is agreed as follows:
1. Subject matter of the contract
1.1. These general conditions, which are made available to the Buyer for reproduction and storage in accordance with Article 12, Legislative Decree 9 April 2003, no. 70, have as their object the purchase of products, made at a distance and by means of telematic network, through the Website belonging to the Seller, based in 39057 Appiano sulla Strada del Vino (BZ), Via Pillhof 99, VAT no. IT01180270215, registered in the Business Register of the Chamber of Commerce of Bolzano, registration with the REA no. BZ - 105020, e-mail: info@walcher.eu, Tel.: 0039 0471 631145, Fax 0039 0471 636137.
1.2. By this contract, respectively, the Seller sells and the Buyer purchases at a distance the products indicated and offered for sale on the Seller's Site.
1.3. The main characteristics of the products referred to in the preceding paragraph are illustrated on the Seller's Site.
1.4. The Seller undertakes to supply the selected products - within the limits of their availability - against payment of a fee referred to in Article 3 of this contract.
2. Acceptance of the conditions of sale
2.1. All purchase orders will be submitted by the Buyer to the Seller through the completion of the indicated purchase procedure.
2.2. These terms and conditions of sale must be reviewed "on line" by the Buyer, prior to completion of the purchase procedure. The submission of the purchase order by the Buyer, therefore, implies full knowledge of them and their full acceptance.
2.3. The Buyer, by telematically sending the confirmation of his purchase order, unconditionally accepts and undertakes to observe, in his dealings with the Seller the general and payment conditions set out below, declaring that he has read and accepts all the indications provided by him pursuant to the above rules, also noting that the Seller does not consider itself bound to different conditions, unless previously agreed in writing.
2.4. Acceptance of the conditions of sale must be manifested by the exact completion of all sections of the electronic form, following the on-screen instructions and, finally, by checking the boxes marked ACCEPTANCE OF TERMS OF SALE and PRIVACY POLICY, thereby fully accepting the contents of these documents.
3. Sale prices and purchase methods
3.1. The sale prices of the products on the Site are expressed in euros and are intended as indicative and subject to express confirmation by e-mail from the Seller, which constitutes acceptance of the purchase order.
3.2. The prices of the products published on the homepage or in the different sections of the Site are inclusive of VAT. Shipping costs vary depending on the item chosen and will still be calculated and made visible to the Buyer at the time the order is placed. The total cost of shipping up to the Buyer's domicile is at the Buyer's expense, except for exceptions and derogations that will be specifically advertised on the Site and/or communicated via e-mail. The cost is, in any case, made known to the Buyer before confirmation of the purchase order.
3.3. The product chosen by the Buyer within the electronic catalogue at www.walcher.eu, may be placed without commitment in the electronic shopping cart. The contents of the shopping cart may be viewed, modified or deleted at any time. After confirming the shopping cart, the Buyer will have to fill out the request form correctly in all its parts and manifest their adherence to the online purchase. The order process may be interrupted at any time by closing the browser window.
3.4. The receipt of the order does not bind the Seller until the Seller has expressly accepted the order by e-mail. The Seller, by e-mail containing a summary of the details of the order, after checking the availability of the chosen product, will formally confirm and accept the order received.
3.5. The Buyer expressly gives the Seller the right to accept even partially the order placed (for example, in the event that there is no availability of all the products ordered). In this case, the contract shall be deemed to have been concluded with respect to the goods actually sold.
4. Conclusion of the contract
4.1. The contract entered into through the Site shall be deemed concluded when the Buyer receives, by e-mail, the formal confirmation of the order, through which the Seller accepts the order sent by the Buyer and informs him that it can proceed to the fulfillment of the same. The Contract is concluded at the place where the Seller's registered office is located.
4.2. Pursuant to Article 12 of Legislative Decree 70/2003, the Supplier informs the Buyer that each order sent is stored in digital/paper form on the server/at the Supplier's registered office according to criteria of confidentiality and security.
5. Methods of payment
5.1. Any payment by the Buyer may be made only by one of the methods indicated: online payment by credit card or by PayPal.
(a) online payment by credit card: You can pay by the following types of credit cards: Visa, Mastercard.
b) online payment by PayPal: the Buyer will be redirected to the Paypal site, on which he/she must register or open an account.
6. Methods of delivery
6.1. The Seller will deliver to the Buyer, at the address indicated by the latter, the products selected and ordered, in the manner provided for in the preceding articles, by means of trusted couriers and/or forwarding agents.
6.2.Deliveries will take place in Italy, and will be made, depending on the item chosen, within the terms indicated on the Seller's Site and in the confirmation e-mail that will be sent to the Buyer. In the event that the Seller is unable to make the shipment within the terms indicated therein, timely notice will be given by e-mail to the Buyer.
6.3. If Buyer is absent at the time of delivery, a notice will be left with the necessary directions for contacting the carrier or freight forwarder in order to arrange delivery arrangements.
6.4. Seller shall not be liable for delay or non-delivery due to incorrect or incomplete address communication by Buyer.
6.5. Upon receipt of the goods, the Buyer shall verify the conformity of the product delivered to him with the order placed; only after such verification shall the delivery documents be signed, subject of course to the right of withdrawal provided for in Article 10 of these conditions.
7. Limitations of liability
7.1. The Seller assumes no liability for the delay or non-delivery of the goods attributable to force majeure causes such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that would prevent, in whole or in part, to execute the contract in the agreed time.
7.2. The Seller shall not be liable to the Buyer, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet that are beyond the control of the Seller.
7.3. The Seller shall not be liable to any party or third party for any damages, losses or costs incurred as a result of the non-performance of the contract due to the above causes.
7.4. The Seller assumes no liability for any fraudulent and illegal use that may be made by third parties, of credit cards, checks and other means of payment, when paying for the products purchased, if it proves that it has taken all possible precautions based on the best science and experience of the time and in accordance with ordinary diligence.
8. Guarantees and modes of assistance
8.1. The Seller sells only original and high quality products. In case of questions, complaints or suggestions, the Buyer may contact the Seller through the e-mail address info@walcher.eu. In order to ensure the speedy processing of questions, complaints or suggestions, the Buyer shall explain the problem precisely and, if necessary, attach the order documents, i.e. indicate the order number, customer number, etc.
8.2. In case of lack of conformity, the rules on legal warranty as provided for by Legislative Decree No. 206 of September 6, 2005 shall apply.
8.3. The warranty shall apply only to the products indicated in Legislative Decree September 6, 2005, No. 206.
9. Buyer's obligations
9.1. The Buyer undertakes to pay the price of the product purchased in the time and manner indicated in these general conditions.
9.2. The Buyer undertakes and is obliged, once the purchase procedure is concluded, to print and keep these general conditions - which, moreover, he will have already viewed and accepted as an obligatory step in the purchase procedure - as well as the specifications of the product being purchased, and this in order to fully comply with the conditions set forth in Legislative Decree no. 206 of 6 September 2005.
9.3. It is strictly forbidden for the Buyer to enter false, and/or invented, and/or fictitious data in the registration procedure through the appropriate electronic form. The personal data and e-mail must correspond to their real personal data and not of third persons, or fictitious. The Buyer assumes, therefore, full responsibility for the accuracy and truthfulness of the data entered in the electronic registration form, aimed at completing the product purchase procedure.
9.4. The Buyer indemnifies the Seller from any liability arising from the issuance of erroneous tax documents due to errors related to the data provided by the Buyer, the latter being solely responsible for their correct entry.
9.5. In case of purchase of alcoholic products, the Buyer expressly declares that he/she has reached the legal age of majority for the purchase of said products. Furthermore, the Buyer of alcoholic products warrants the truthfulness of the documents forwarded to the Seller for the execution of this contract.
10. Right of withdrawal pursuant to Legislative Decree No. 206/2005.
10.1. The right of withdrawal is recognized limited to the products provided for by Legislative Decree No. 206 of September 6, 2005, and is therefore expressly excluded for the supply of sealed goods that are not suitable to be returned for hygienic reasons or related to the protection of health and have been opened after delivery, in accordance with the provisions of Article 59 letter e) of said Legislative Decree.
10.2. For products for which the right of withdrawal is not excluded, the Buyer has the right to withdraw from the contract entered into, without any penalty and without specifying the reason, within the period of 14 (fourteen) days, starting from the day of receipt of the purchased product. Any withdrawal must be addressed to Distilleria Walcher SRL, with registered office in 39057 Appiano sulla Strada del Vino (BZ), Via Pillhof 99, e-mail: info@walcher.eu, Tel.: 0039 0471 631145, Fax 0039 0471 636137.
10.3. In the event that the Buyer decides to make use of the right of withdrawal, he must inform the Seller of his decision to withdraw from the contract by submitting any explicit statement (e.g. letter sent by post, fax or e-mail). For this purpose, the Buyer may also use the standard withdrawal form in Annex I Part B of Legislative Decree No. 21/2014, but it is not mandatory.
10.4 To comply with the withdrawal period, it is sufficient to send the notice regarding the exercise of the right of withdrawal before the expiration of the withdrawal period. The burden of proof regarding the exercise of the right of withdrawal in accordance with this Article shall be on the Buyer.
10.5. The return of the goods shall be made without undue delay and in any event within 14 (fourteen) days from the date on which the Buyer notified the Seller of its decision to withdraw from the contract. The Buyer shall be liable only for any diminution in the value of the goods resulting from any handling of the goods other than that necessary to establish the nature, characteristics and operation of the goods.
10.6. In the cases expressly provided for in Article 59 of Legislative Decree No. 206/2005, the right of withdrawal in favor of the Buyer is in any case excluded.
10.7. The Buyer who exercises the right of withdrawal under this article shall bear the direct costs of returning the goods to the Seller.
10.8 The Buyer who exercises the right of withdrawal in accordance with the provisions shall be refunded the sums already paid, including delivery costs, with the exception of additional costs arising from the type of delivery expressly chosen by the Buyer and different from the least expensive type of standard delivery offered by the Seller. Said sums shall be repaid without undue delay and in any event within 14 (fourteen) days, beginning with the day on which Seller was informed of Buyer's decision to withdraw from the contract, using the same means of payment used by Buyer for the initial transaction, unless Buyer has expressly agreed otherwise. Unless the Seller has offered to pick up the goods himself, however, the Seller may withhold the refund until he has received the goods or until the Buyer has demonstrated that he has returned the goods, whichever situation occurs first.
10.9. Upon receipt of the notice in which the Buyer notifies the Seller that it is exercising its right of withdrawal, the Parties shall be released from their mutual obligations, subject to the provisions of this Article.
11. Expressed termination clause
11.1. The obligations referred to in Article 9, assumed by the Buyer, are of an essential nature, so that by express agreement, the non-fulfillment of only one of said obligations, where not determined by fortuitous event or force majeure, will result in the legal termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for judicial pronouncement.
12. Communications
12.1 Without prejudice to the cases expressly indicated, or established by legal obligations, communications between the Seller and the Buyer shall take place preferably by means of e-mail messages to their respective electronic addresses, which shall be considered by both parties as a valid means of communication and whose production in court may not be contested merely because they are electronic documents.
12.2. Written communications directed to the Seller, as well as any complaints will be considered valid only when sent to the following address: Distilleria Walcher SRL, with registered office in 39057 Appiano sulla Strada del Vino (BZ), Via Pillhof 99, e-mail: info@walcher.eu, Tel.: 0039 0471 631145, Fax 0039 0471 636137.
12.3 Either party may at any time change its e-mail address for the purposes of this article, provided that it promptly notifies the other party in accordance with the forms established in the preceding paragraph.
13. Processing of personal data
14. Jurisdiction
14.1 In the event of any dispute arising out of or in connection with this contract, the parties undertake to seek a fair and amicable settlement among themselves.
14.2 If the dispute is not settled in an amicable manner, the same shall be brought to the exclusive jurisdiction of the Court in whose district the Purchaser is domiciled, if located in the territory of the State, in accordance with the provisions of Article 66-bis of Legislative Decree 206/05; in the event that the Purchaser does not have the status of final consumer, it is agreed that any dispute, even in derogation of the rules relating to territorial jurisdiction, shall be the exclusive jurisdiction of the Court of Bolzano.
15. Applicable law and reference
15.1. This contract is governed by Italian law.
15.2. For anything not expressly provided for herein, the rules of law applicable to the relationships and cases provided for in this contract shall apply and, in any case, the rules of the Civil Code and Legislative Decree no. 206 of September 6, 2005 (Consumer Code).
16. Final Terms
16.1. This contract abrogates and supersedes any agreement, understanding, negotiation, written or oral, previously made between the parties and concerning the subject matter of this contract.
16.2. The possible ineffectiveness of certain clauses shall not affect the validity of the entire contract.
16.3 These general conditions of sale have been drawn up in Italian and German. Should difficulties arise in interpreting them, the parties agree that the Italian language text shall be deemed authentic and effective.
EXPRESSION OF CONSENT
I ACCEPT
[.....], the [.....]
Signatures
[.....]
[.....]
ACCEPTANCE OF THE GENERAL CONDITIONS BY THE BUYER
Pursuant to and in accordance with Articles 1341 and 1342 of the Civil Code, the Buyer declares that he/she has carefully read the contract and expressly approves the following clauses:
Art. 7 (Limitations of Liability),
Art. 8 (Warranties and terms of service),
Art. 9 (Buyer's Obligations),
Art. 10 (Right of withdrawal in accordance with Legislative Decree 206/2005),
Art. 11 (Express termination clause),
Art. 14 (Place of jurisdiction).
I ACCEPT
[.....], the [.....]
Buyer's Signature
[.....]
17. Consumer Disputes.
Pursuant to Article 14 of the EU Regulation No. 524/2013, the Buyer is informed that in the event of a dispute he/she may file a complaint by means of the platform intended for online dispute resolution (ODR platform) of the European Union that can be reached at the following link http://ec.europa.eu/consumers/odr/ (the platform will be operational as of February 15, 2016). The ODR platform provides an access point for Buyers who wish to resolve disputes arising from online sales or service contracts out of court. To this end, notice is hereby given that the Seller's e-mail address is info@walcher.eu