AGB - General Terms and Conditions

General Terms and Conditions of Business

§ 1 Scope of application

For the business relations between Società Agricola Spacchetti s.s., Via Pietrauta, 06036 Montefalco, Umbria (Italia) (hereinafter referred to as VINOMONTEFALCO.DE) and the customer, these general terms and conditions shall apply exclusively. VINOMONTEFALCO.DE does not accept any terms and conditions contrary to or deviating from these general terms and conditions and hereby expressly contradicts them. Contradictory terms and conditions of the customer are only valid if VINOMONTEFALCO.DE explicitly agrees to them in writing.

§ 2 Conclusion of contract

The contract language is German. The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. After entering your personal data and by clicking the 'Buy' button in the final step of the ordering process, you place a binding order for the goods contained in the shopping basket. Confirmation of receipt of the order follows immediately after the order has been sent and does not yet constitute acceptance of the contract. We can accept your order by sending a dispatch confirmation by e-mail within five working days. The delivered goods remain our property until full payment has been made. This is a sales contract, which is concluded by the acceptance of VINOMONTEFALCO.DE in the form of our separate order confirmation. If you do not receive an order confirmation or delivery from us within 2 weeks, you are no longer bound to your order.

Should the goods ordered by you not be available, we reserve the right not to perform or to perform with a delay. Should a vintage of a wine be sold out, we will inform you immediately. We reserve the right to deliver individual items in household quantities. If VINOMONTEFALCO.DE cannot execute an order because a product is not available, the customer will be informed immediately about the non-availability and the counter-performance of the contractual partner will be refunded.

§ 3 Protection of minors

In accordance with the Youth Protection Act, we only supply alcoholic beverages to persons over the age of 18. Our packaging is marked with a notice that no delivery is made to persons under 18 years of age. In addition, the delivery staff is obliged to confirm the age of majority by showing the identity card in case of the slightest doubt.

§ 4 Retention of title, partial deliveries

The delivered goods remain our property until full payment has been made. We are entitled to make partial deliveries insofar as this is reasonable for you. Additional shipping costs shall only be incurred if expressly agreed.

§ 5 Prices and packaging units

All prices are end consumer prices. They are in euros and include the respective applicable statutory value added tax plus shipping costs, which are shown separately. The price is valid at the time of the order and while stocks last. Please refer to the respective product descriptions for the packaging units and the bottle or canister contents.

§ 6 Right of withdrawal for consumers

The customer has the right to revoke the purchase contract within fourteen days without stating reasons, provided that he does not waive this right.

The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.

To exercise your right of withdrawal, you must notify VINOMONTEFALCO.DE, Società Agricola Spacchetti s.s., Via Pietrauta, 06036 Montefalco, Umbria (Italia), e-mail: shop@vinomontefalco.de by means of a clear statement (e.g. a letter or e-mail sent by post) of your decision to withdraw from this contract. Here you will find the cancellation policy.

If the customer cannot return the received goods to VINOMONTEFALCO.DE in whole or in part, or only in a deteriorated condition, he/she must compensate us for the loss of value. This does not apply to the surrender of goods if their deterioration is exclusively caused by their inspection - as it would have been possible in a shop, for example. In all other respects, the customer can avoid the obligation to pay compensation by not using the goods as if they were his property and by refraining from doing anything that could impair their value.

§ 7 Warranty and notice of defects

The statutory provisions shall apply. The limitation period for warranty claims is two years from delivery of the goods. If special guarantees apply to products, your statutory claims for defects shall remain unaffected. If delivered items show obvious material or manufacturing defects or transport damage, please report such defects immediately to us or to the carrier delivering the items. There is no obligation to do so and it is not a prerequisite for asserting your claims. However, we cannot otherwise assert any claims against the carrier. Compliance with the above provision shall not affect your statutory claims insofar as you have ordered for private purposes as a consumer. Commercial customers are advised of their obligation to give notice of defects in accordance with § 377 of the German Commercial Code (HGB).

We shall also be liable for damage caused by simple negligence, insofar as this negligence concerns the breach of such contractual obligations, the observance of which is of particular importance for the achievement of the purpose of the contract (cardinal obligations). However, we shall only be liable insofar as the damages are typically associated with the contract and are foreseeable. We shall not be liable for simple negligent breaches of ancillary obligations that are not essential to the contract. The limitations of liability contained in sentences 1 - 3 shall also apply insofar as the liability for the legal representatives, executive employees and other vicarious agents is concerned.

Any further liability is excluded regardless of the legal nature of the asserted claim.

Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents.

§ 8 Data protection

Personal data will of course be treated confidentially and will not be passed on by us to other companies for advertising purposes under any circumstances.

We store your address at the time of the catalogue request and the order-related data for processing your order. In the case of justified interest, we may use the necessary data to check your creditworthiness.

For further information on data protection, please refer to the data protection declaration.

§ 9 Consumer arbitration

We hereby inform you that VINOMONTEFALCO.DE does not participate in dispute resolution procedures of a consumer arbitration board and is not obliged to do so.

§ 10 Final provisions

Should any provision of these general terms and conditions be invalid, the rest of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.