Terms of Conditions & Shipping

General terms and conditions for online product sales

by Kellerei Kaltern of 39012 Kaltern (BZ), Italy, Via Cantine 12.
Telephone +39 0471 963149 – Fax +39 0471 964454
E-mail: info(at)kellereikaltern.com

Commercial reg.VAT no. 00126320217
Gen. reg. BZ no. A145300, section 1
Chairman with responsibility as appointed by the AGM
of December 1, 2017: Christian Sinn

1. General
These general terms and conditions apply to all business relations between you as the customer and Kellerei Kaltern in the version valid at the time of conclusion of the contract. Departures from or additions to these terms and conditions are only valid if they have been agreed in writing. The products offered on the website www.kellereikaltern.com are marketed and sold directly by Kellerei Kaltern, Gen.Landw.Ges., Via Cantine 12, 39052 Caldaro. This website is intended for business transactions between companies and consumers (B2C).

2. Prices
All prices quoted on our website are gross prices in euros including VAT (22% for Italy, 19% for Germany, 8% for Switzerland). Shipping costs are listed separately. The products offered for sale on this website are intended exclusively for consumers and the offers are valid for as long as stocks last.

3. Shipping costs
We currently ship to Italy, Germany, Austria and Switzerland. If you are interested in delivery to another country, please contact our sales office by calling +39 0471 963 149 or mail to info@kellereikaltern.com

4. Conclusion of the contract
By sending your order you accept our terms and conditions. The purchase contract comes into effect upon receipt of the order. The wines will be shipped after receipt of the bank transfer in the case of prepayment, after successful verification of the customer’s credit card details and creditworthiness in the case of credit card payments and following receipt of payment in the case of payment with PayPal.
All offers on www.kellereikaltern.com are without obligation and subject to change without notice. Although every care has been taken, errors on the order pages cannot be excluded. Minor deviations from the illustrations or descriptions provided are possible.

5. Delivery
Delivery is usually within 5 working days unless a specific delivery period or delivery date has been agreed.

With your order you expressly instruct us to commission the forwarding company in your name. Kellerei Kaltern expressly excludes any joint liability or risk sharing or guarantees for actions and damage that are attributable to the activities of commissioned forwarding agents and fall within their sphere of legal responsibility.
Please ensure that the products can actually be delivered to you. If you will not be at home, you can enter the address of a neighbor or your workplace as the delivery address.
According to Art. 1 (1) of the Italian Ministerial Decree of 21.12.1992, mail order companies are exempt from issuing fiscal documents (tax receipts, invoices, etc). You will receive a shipping document from us that contains all the information relating to your order. Please be sure to retain the shipping documents. They are important as proof of purchase in the event of any complaints. If required, we will be happy to send you a copy of the details of your order.

6. Payment
We want payment to be as secure and as simple as possible for you and accordingly offer the following options:

Prepayment by bank transfer
On receipt of your order we will e-mail you a pro forma invoice for your order. You are requested to transfer the invoiced amount to the account indicated on the pro forma invoice. Please be sure to enter the order number in the reference field. Delivery will be made immediately after receipt of the purchase price.

Our bank details:
Raiffeisenkasse Überetsch
IBAN: IT56 T 08255 58250 000302000229
BIC/SWIFT: RZSBIT21248

Credit card
If you choose to make payment by credit card, we will charge the invoiced amount to your credit card. We accept MasterCard and Visa. For reasons of security, when you enter your credit card details we will also ask for the security code (CVV) to be found on the back of the card. Your credit card details will not be saved after your purchase, so that you have to enter them again each time you place an order. Delivery will be made as soon as a successful check of your credit card details and creditworthiness has been made.

PayPal
After completion of the order, the amount owed will be transferred directly to us by PayPal. In the event of cancellation or termination of the contract for any reason, any amounts owed by us will be transferred directly to your PayPal account. Under no circumstances can Kellerei Kaltern accept liability for any delays or other non-performance on the part of PayPal system operators.

7. Protection of minors
We only enter into contractual relationships with customers of legal age. By placing an order, customers confirm that they are over 18 years of age. Customers also confirm that their details relating to age, name and address are correct. Customers undertake to ensure that delivery is only taken by them personally or by authorized persons of legal age. In the event of a breach of this condition we reserve the right to instigate legal proceedings under Italian criminal law. We reserve the right to have the age of majority checked by the parcel service upon delivery of the consignment.

8. Right of withdrawal or revocation
Withdrawal or revocation of the contract must be declared in writing and sent by post, fax or e-mail or on some other permanent data medium or by returning the delivered items. You may return bottles in their original packaging within 14 days of receipt of the goods. We will only bear the resulting freight costs if you entrust the return of the goods to the carrier specified by us. Following inspection of the returned goods by our agent, the purchase price will be refunded in full. Our guarantee is subject to the relevant legal provisions.

9. Warranty
With respect to any defects in the purchased goods which are discovered during the statutory warranty period, your statutory rights apply, namely to claim, at your discretion, either subsequent performance or rectification of the defects/new delivery or – where the statutory requirements are met – reduction of the purchase price or cancellation of the contract as well as damage compensation including damage compensation in lieu of performance and also reimbursement of futile expenses.

10. Place of jurisdiction and applicable law
This contract is subject to Italian law, which also applies in determining the competent court.

11. Online dispute resolution
Online dispute resolution pursuit to Art. 14(1) of Regulation 524/2013 (EC): The European Commission has provided an online dispute resolution (ODR) platform, which can be accessed at http://ec.europa.eu/consumers/odr/.

12. Final provisions
This contract cancels and supersedes all previous written and oral agreements, understandings and negotiations between the parties to the contract on the same subject.
Should individual provisions of these general terms and conditions or of the contract concluded with you prove ineffective in whole or in part, the effectiveness of the contract or the remaining provisions shall not be affected. The ineffective provisions shall be replaced with the relevant provisions of the corresponding Italian