General Terms and Conditions
GENERAL TERMS AND CONDITIONS
SCOPE OF APPLICATION
The following Terms and Conditions (T&Cs) only, in the wording applicable at time of ordering, shall apply for the business relationship between VINOVUM Weinhandel OG (“VINOVUM”), Judengasse 5 - 7/14, 5020 Salzburg, Austria, as operator of the websites www.vinovum.com, www.ninainchianti.com, and panzanowines.com, and the orderer - including for future transactions. Deviating conditions require the written consent of VINOVUM.
CONCLUSION OF CONTRACT
All offers of VINOVUM are non-binding and subject to change regarding the availability of goods. By submitting an order, the customer declares his offer of contract with binding effect. VINOVUM shall confirm receipt of the order immediately. The order confirmation, with the wording “Many thanks for your order from our online shop”, or similar, shall not constitute acceptance of the order. VINOVUM shall subsequently review the order. Should it transpire during review that the order cannot be accepted, either in part or in whole, then VINOVUM shall inform the customer accordingly by e-mail. The contract is only concluded upon acceptance of the order by VINOVUM. The order shall be accepted by means of a dispatch note sent by e-mail, or at the latest by means of dispatch of the goods. VINOVUM is entitled to limit the order to a quantity that is customary for a single household. The images of bottles do not always correspond to the vintages currently deliverable. VINOVUM reserves the right to deliver the following year’s vintage respectively. Once the customer’s order has been accepted by VINOVUM and the goods dispatched, the customer shall receive an e-mail with the information, “Status: Your goods have been dispatched”. Before placing an order, the customer will receive all information relevant for the conclusion of contract, and shall be informed that these T&Cs form an integral part of the contract. The customer shall receive written confirmation of this information, together with a written copy of the T&Cs including explicit notification of the right of withdrawal/cancellation, together with delivery of the goods.
The delivery costs applicable in each case can be reviewed under Conditions of delivery and payment. The sums specified can be updated by VINOVUM unilaterally at any time, and shall become effective for future orders. VINOVUM packs ordered and warehoused products within 72 hours (Mon-Fri) in special delivery boxes, and hands these over to one of its logistics partners (Österreichische Post AG, DPD Weinlogistik). All deliveries are insured against breakage or theft at no extra cost to the customer. The delivery times are in accordance with those of the respective logistics partner of VINOVUM. Information regarding delivery times is non-binding, unless the delivery time has been committed to in writing as binding in exceptional circumstances. VINOVUM assumes no liability for delayed deliveries within the sphere of hauliers and producers.
REMUNERATION/CONDITIONS OF PAYMENT
All prices given are understood to include applicable legal VAT. The prices refer only to the goods themselves, and do not include delivery costs. The customer shall not incur any additional costs from the use of telecommunications infrastructure when ordering. The purchase price is due no later than upon delivery of the goods. In case of payment on invoice, the purchase price is due within 14 days of receipt of invoice. In case of default on payment, interest on default is agreed to the amount of 4%, or 9.2 points above the base interest rate for business operators. The customer undertakes to bear all costs associated with collection of the receivable, in particular legal and debt collection costs. Counter-claims may only be offset where such are legally associated with the liability of the customer, asserted by a court, or explicitly acknowledged by VINOVUM. Payment can be made by credit card, PayPal, or bank transfer.
Accepted credit cards: Visa, MasterCard and American Express
Credit card payments are processed in collaboration with Stripe Payments Europe Ltd. (“Stripe”), to whom the provider assigns his claim to payment. Stripe Payments Europe Ltd. collects the invoice amount from the credit card account provided by the customer. In case of assignment, payments with a discharging effect can only be made to Stripe Payments Europe Ltd. The credit card is charged immediately after submission of the customer order in the online shop. Even where credit card payment via Stripe Payments Europe Ltd. has been selected as payment method, the provider shall still be responsible for general customer queries, e.g. regarding goods, delivery time, dispatch, returns, complaints, cancellations, or credit notes.
For payments with PayPal, a PayPal account is required. You pay directly via PayPal and no payment or bank information is passed on to VINOVUM Weinhandel OG. Debiting is performed directly from the PayPal account, and reimbursed to the PayPal account in the event of a return. Delivery is performed after successful payment is confirmed.
PURCHASE ON INVOICE
It is also possible to purchase on invoice. Payments must be made to the account of VINOVUM Weinhandel OG held with Raiffeisenkasse Kuchl, IBAN AT423502900000075556, BIC RVSAAT2S029. In case of payment on invoice, the purchase price is due within 14 days of receipt of invoice.
RETENTION OF TITLE
The goods delivered remain the property of VINOVUM until payment has been made in full.
RIGHT OF CANCELLATION
Consumers have the legal right to cancellation in the sense of Sec. 1 KSchG [Austrian Consumer Protection Act]. A consumer is any natural person who concludes a legal transaction for purposes which predominantly cannot be associated with his commercial or independent professional activity.
You have the right to cancel this contract within fourteen days without providing a reason. The cancellation period is fourteen days from the day, on which you or a third party nominated by you, who is not the haulier, takes possession of the goods.
In order to exercise your right of cancellation, please send a clear declaration (e.g. a registered letter or e-mail) regarding your decision to cancel this contract to:
Post: VINOVUM Weinhandel OG, Nina Tiefner, Judengasse 5 – 7, 5020 Salzburg, Austria
You may use the enclosed template cancellation policy, but this is not required. Link to template cancellation policy
For the purposes of observing the cancellation period, it is sufficient that you submit the notification exercising your right of cancellation before the end of the cancellation period.
Consequences of cancellation
If you cancel this contract, VINOVUM shall reimburse to you all payments which VINOVUM has received from you immediately and no later than on that day, on which the notification of your cancellation of this contract is received by VINOVUM, including delivery costs (with the exception of additional costs which have been incurred as a result of your choosing a different type of delivery to the affordable standard delivery which we offer). VINOVUM shall perform reimbursement using the same payment method which you used for the original transaction, unless otherwise explicitly agreed with you; you will never be charged any fees as a result of such a reimbursement.
VINOVUM can refuse reimbursement until VINOVUM has received return of the goods, or until you have provided evidence that the goods have been returned, whichever occurs earlier. You must return or hand over the goods to VINOVUM immediately, and no later than within fourteen days from that day, on which you informed VINOVUM of your cancellation of this contract. It is sufficient in such case that you send the goods before the end of the fourteen-day period. You shall bear direct costs associated with the return of goods. You must pay costs for any loss of value suffered by the goods where such loss of value is due to a handling of the goods beyond such which is necessary to perform an inspection of quality, properties, and functionality.
In case of dispute, VINOVUM undertakes to take part in the arbitration proceedings of the internet ombudsman: www.ombudsmann.at(Internet Ombudsmann - Verein zur Förderung der außergerichtlichen Streitschlichtung im Internet [Association for Promotion of Extrajudicial Arbitration of Disputes on the Internet], c/o ÖIAT [Austrian Institute for Applied Telecommunications], Margaretenstraße 70/2/10, 1050 Vienna; Tel: +43 1 595 211 275, Fax: +43 1 595 211 299, E-mail: firstname.lastname@example.org, Web: www.ombudsmann.at, VAT ID: ATU 49875407, ZVR [Austrian Central Register of Associations] no.: 763634009, DVR [Austrian Data Processing Register] (ÖIAT): 0942758). Further information on the types of proceedings can be found at www.ombudsmann.at or in the respective procedural guidelines: Procedural Guidelines of the Internet Ombudsman for Alternative Dispute Resolution according to the Austrian Foreign Transaction Tax Act (AStG Arbitration Proceedings) http://www.ombudsmann.at/media/file/67.Richtlinien_Internet_Ombudsmann_AStGVerfahren.pdf.
Warranty claims are in line with the legal provisions.
If goods delivered by VINOVUM exhibit defects, then the customer is entitled to demand a replacement or remedying of the defect. If VINOVUM is not capable of remedying the defect or providing a replacement, or if it delays in performing such beyond a reasonable period, then the customer is entitled, at his own discretion, to withdraw from the contract, or to demand a corresponding reduction in the purchase price. VINOVUM must be notified of clear and obvious defects immediately in writing (e-mail sufficient). Failure to do so shall result in the enforcement of warranty claims being excluded. VINOVUM assumes no liability beyond the legal warranty provisions. Differences/deviations in quality, colour, or taste which are standard for the industry, or are caused by technology or the nature of the product, do not constitute defects covered by the warranty. VINOVUM is not liable for the consistency of taste, colour, and material of goods ordered later, or for other markers of consistency. VINOVUM is furthermore not liable for defects which are caused by incorrect storage of the goods.
Corked wines cannot be replaced. The sulphuring of wine scale is a natural process and does not constitute grounds for a complaint.
Should the customer identify that one or more bottles in his order has been broken, he shall inform VINOVUM immediately (no later than within 6 days) in writing (by e-mail to email@example.com). In order to settle damages, the customer shall provide the following information:
- When he received the order;
- How many bottles were broken and what was damaged;
- Photos of the exterior and interior packaging of the goods.
VINOVUM shall request that the customer retain the goods for a possible inspection (only if delivered by DPD Weinlogistik)
LIMITATIONS OF LIABILITY
VINOVUM is only liable for damages caused by wilful intent or gross negligence. Liability for slight negligence, compensation for later damages, financial losses, savings not achieved, losses on interest, and damages from claims of third parties against the customer is excluded.
VINOVUM is in particular not liable for damages caused by the misuse or unauthorised use of the customer’s password.
VINOVUM is liable for its own content only on the websites www.vinovum.com, www.chianticlassicowines.com, and www.panzanowines.com. Where VINOVUM facilitates access to other websites via links, VINOVUM is not responsible for the third-party content contained thereon.
VINOVUM does not take ownership of third-party content, and shall block access to such external websites which contain unlawful content immediately as soon as it becomes aware of such.
PROTECTION OF MINORS
The customer guarantees VINOVUM that he is older than 18 years of age at time of ordering. The orderers of VINOVUM are legally obliged to provide alcoholic drinks to persons aged 18 years or over only, and must demand photographic ID in case of doubt.
Data protection notice
VINOVUM processes your personal data within the framework of the provisions of the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act only. Below, you will find information on the type, scope, and purpose of data collection and use:
Who VINOVUM is
The Data Processing Officer is Nina Tiefner. You can reach Nina Tiefner at
VINOVUM Weinhandel OG
Judengasse 5 - 7
Data collection and processing
VINOVUM processes such personal data which you provide to VINOVUM as a user of the website and/or as a customer, such as in the context of a query or registration or for conclusion of a contract, e.g. inventory information, contact information, content information, contract information, usage information, and meta/communication data. Data processing is performed in order to provide an online offer, to provide the content of such, and to provide customer assistance, to fulfil and execute your order, and for the purposes of marketing, advertising, and market research. As a user of the website and/or customer, VINOVUM would like to keep you up-to-date with targeted information, new products and offers on products, campaigns, and information on VINOVUM itself (“Nina in Chianti”).
In order to fulfil the contract, the data required for delivery and the dispatch company commissioned with delivery shall be passed on. For payment processing, we only pass on such data as are necessary to the payment service provider which you selected during the order process.
The legal basis for data processing is: Consent pursuant to Art. 6(1) GDPR within the context of registering
VINOVUM stores the following data for the purposes of simplifying the purchase process and for execution of contract: Title, name, billing or delivery address, date of birth, telephone number. The data you have previously provided is necessary for fulfilment of contract or to execute pre-contractual measures. Without these data, VINOVUM cannot conclude the agreement with you.
In accordance with Art. 32 GDPR, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, we undertake suitable technical and organisational measures in order to guarantee a level of security appropriate for the risk.
Use and forwarding of personal data
Insofar as you have provided VINOVUM with personal data as a user of the website and/or customer, VINOVUM shall use such solely for answering your queries, processing contracts, and for technical administration.
Personal data shall only be passed on or transmitted by VINOVUM to third parties if such is necessary for the purposes of executing the contract or for billing purposes, or if you have previously consented to such as a user of the website and/or customer. As a user of the website and/or customer, you have the right to withdraw consent previously granted at any time with effect for the future.
Personal data retained shall be erased if you, as a user of the website and/or customer, withdraw your consent to retention, if your data are no longer required for fulfilment of the purpose, for which retention was being performed, or if retention is or becomes impermissible for other legal reasons. Data for billing and accounting purposes shall not be affected by a demand to erase.
Access, rectification, erasure
Upon written request, VINOVUM will be happy to inform you at any time of the data retained on your person. Please send your request to Nina Tiefner, firstname.lastname@example.org, VINOVUM Weinhandel OG, Judengasse 5 - 7, 5020 Salzburg, Austria.
If your data being processed by VINOVUM are not correct, please inform VINOVUM of such. VINOVUM shall rectify the data immediately, and inform you thereof.
In the event that you no longer wish your data to be processed by VINOVUM, VINOVUM requests that you disclose such informally by sending an e-mail to email@example.com. VINOVUM will of course erase your data immediately, and inform you thereof. Should mandatory legal reasons contradict erasure, you will be informed of such immediately by VINOVUM.
VINOVUM uses the web analysis service Google Analytics, a web analysis service from Google Inc. Google Analytics uses so-called “Cookies”, text files which are stored on the customer’s computer and which allow the use of the website to be analysed by Google. The information generated by the Cookie regarding use of this website (including the IP address of the customer) is sent to a Google service in the USA in anonymised form where it is stored. Google will use this information to evaluate the customer’s use of the website, to prepare reports on website activities for the website operator, and to provide other services associated with the use of the website and use of the internet.
Google will also use pass this information on to third parties as applicable where such is legally stipulated, or where these third parties process data under instruction from Google. Google will never associate the IP address of the user with other Google data. The installation of Cookies can be prohibited by adjusting settings in the browser software accordingly; however, VINOVUM makes clear that in such case it may be that not all functions of this website can be used to their full extent.
By using this website, the customer declares that he agrees to the processing of the data collected on his person by Google in the manner and for the purpose described above.
Use of Facebook, Google+, Twitter and Instagram plug-ins
VINOVUM’s website uses so-called Social Plug-ins (“plug-ins”) from the social networks Facebook and Google+, and the micro-blogging services Twitter and Instagram. These services are provided by Facebook Inc., Google Inc., Twitter Inc. and Instagram LLC (“providers”).
Facebook is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). An overview of Facebook plug-ins and their appearance can be found here: https://developers.facebook.com/docs/plugins
Google+ is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google“). An overview of Facebook plug-ins and their appearance can be found here: https://developers.google.com/+/web/
Twitter is operated by Twitter Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA (“Twitter“). An overview of the Twitter buttons and their appearance can be found here: https://twitter.com/about/resources/buttons
Instagram is operated by Instagram LLC., 1601 Willow Road, Menlo Park, CA 94025, USA (“Instagram“). An overview of the Instagram buttons and their appearance can be found here: http://blog.instagram.com/post/36222022872/introducing-instagram-badges
Pinterest (“Pin It” button)
We use the social network Pinterest from Pinterest Ing., 808 Brannan, St, San Francisco, CA 94103, USA (hereinafter “Pinterest”). When you click on the “Pin It” button, Pinterest is informed that you have accessed the corresponding page of our online presence. If you are logged in to Pinterest, Pinterest can associate the visit with your Pinterest account. The data transferred by clicking on the “Pin It” button is saved by Pinterest in the USA. If you do not agree to this, then you must log out of your Pinterest account before clicking on the “Pin It” button.
The scope and purpose of data collection, the purpose and use of data by Pinterest, and your corresponding rights to influence a legal relationship by unilateral declaration in order to protect your private sphere can be found in Pinterest’s Data Protection Policy at https://policy.pinterest.com/de/privacy-policy.
When you access a page of VINOVUM’s website which contains such a plug-in, your browser establishes a direct connection to the servers of Facebook, Google, Twitter, or Instagram. The content of the plug-in is transferred directly to your browser by the respective provider and is integrated into the page. By integrating the plug-in, the providers are informed that your browser has accessed the corresponding page of VINOVUM’s website, even if you do not have a profile or are not currently logged in. This information (including your IP address) is sent by your browser directly to a server of the respective provider in the USA where it is stored.
If you are logged in to one of these services, the providers can directly associate the visit to the VINOVUM website with your profile on Facebook, Google+, Twitter, or Instagram. If you interact with the plug-ins, e.g. by clicking the “Like”, “+1”, “Tweet”, or “Instagram” button, the corresponding information is also directly transmitted to a server of the providers where it is stored. The information is also published on the social network, or your Twitter or Instagram account, and displayed to your contacts. The purpose and scope of data collection, further processing and use of data by the providers, and your rights in this regard and configuration options for protecting your private sphere can be found in the Data Protection Policies of the providers.
Facebook Data Protection Policy: http://www.facebook.com/policy.php
Google Data Protection Policy: http://www.google.com/intl/de/+/policy/+1button.html
Twitter Data Protection Policy: https://twitter.com/privacy
Instagram Data Protection Policy https://help.instagram.com/155833707900388/
If you do not want Google, Facebook, Twitter, or Instagram to associate the data collected regarding the VINOVUM website to be associated directly with your profile on the respective service, you must log out of the corresponding service before visiting the VINOVUM website. You can also completely block plug-ins using add-ons for your browser, e.g. the script blocker “NoScript” (http://noscript.net/).
APPLICABLE LAW AND PLACE OF JURISDICTION, OTHER PROVISIONS
Austrian law applies unless the mandatory stipulations of the law in that state, in which the orderer resides, take precedence. For disputes arising from or in connection with this contract, the jurisdiction of the court responsible geographically or materially for 5020 Salzburg is deemed agreed. For customers who are not consumers, this agreement only applies if such have their place of residence, usual place of residence, or place of employment in this jurisdiction, or if they reside abroad. If individual provisions of this contract or of the Terms and Conditions are or become ineffective, in part or in whole, this shall not affect the validity of the remaining provisions.