5.1 The wine will be delivered by the Seller at the address, on the date and in the timeframe stated in the confirmation order acceptance.
5.2 The Seller will make its best endeavors to deliver the wine at the location on the date and in the timeframe stated in the Confirmation Order Acceptance. In case the Seller will not be able to provide the wine due to not assignable causes at the address on the date and in the timeframe stated in the Confirmation Order Acceptance, no penalty of any kind applies to the Seller. Under such circumstance, which are especially problems in purchase of the materials from third parties, traffic disruptions, business disruptions (also from suppliers of FERRETTO e.U., strikes and cases of force majeure, as soon as the Seller realizes that it cannot deliver the wine, the Seller will promptly contact the Buyer to agree a new location, date and timeframe for the delivery.
5.3 The Buyer accepts that under the event that he is not available to receive and collect the wine at the address, on the date and in the timeframe provided in the Confirmation Order Acceptance, the Seller has no obligation to re-deliver the purchased wine to the buyer. The Buyer can collect the wine at the following address Franz-Fellner-Gasse 5; A-1220 Wien subject to an appointment agreed by e-mail with the Seller. The e-mail shall be sent by the Buyer at the following e-mail address: firstname.lastname@example.org. Buyer must indicate the Confirmation Order Acceptance number in the e-mail in order to request a pickup appointment.
5.4 The Seller will deliver the wine to a person, subject to compliance with section 8 “Protection of minors” below, at the provided and confirmed address who will countersign the delivery order. The acceptance of the delivery and countersigning declares the delivery free of faults. Warranty claims require immediate notification in case of recognizable faults and hidden faults after discovery and in presentation of the original receipt and the flawed good.
5.5 Warranty claims are limited to the order price of the delivered and flawed goods.
5.6 Warranty claims are fulfilled either by delivery of flawless goods, improvement, additional delivery of missing goods or reverse transaction and reimbursement of the paid price within an appropriate period.
5.7 Consumers according to the Austrian Consumers Protection Act are in case of 5.4. to 5.6. also allowed to demand improvement, exchange of the goods, appropriate price reduction or reverse transaction and reimbursement of the paid price.
5.8 Reasons of flavor, color, commercial or minor, technical differences of quality, quantity, color, weight, height, design or equipment are not considered warranty flaws or nonfulfillment of a contract.
5.9 FERRETTO e.U. is not liable for accordance of taste, color, material or patterns or other features of additionally ordered goods. This also is applicable for orders after patterns of goods, if the differences are commercially usual and only of technical nature.
5.10 After consumption, tasting or processing of the goods warranty claims are excluded.
5.11 For consumers according to the Austrian Consumer Protection Act the points 5.8. to 5.10. are not applicable.
5.12 Wine will be delivered to all Vienna districts, from 1010 to 1230, and to the following locations: Gerasdorf bei Wien (2210), Korneuburg (2100), Klosterneuburg (3400), Schwechat (2320), Perchtoldsdorf (2380) and Mödling (2342). For any other postal code in Autria, Buyer can send a purchase request to email@example.com. Seller will evaluate the request and is free to provide an offer to Buyer inclusive of T&Cs, but excluding the points 2.5. about prices and 5.12. for the places of delivery.
5.13 Deliveries in the location identified under the postal codes defined under 5.12. will take place as follows:
5.13.1 For purchase orders confirmed by 16.00 of Day D, Buyer can select any day between Day D and 7 days following Day D and among three alternative timeframes on the selected day:
22.214.171.124 V90@18.00: Wine is delivered between 18.00 and 19.30. This is a 90minutes delivery window during which Buyer shall be available for receiving the wine at the specified address confirmed in the purchase order. V90@18:00 only for Vienna City.
126.96.36.199 V180@18.00: Wine is delivered between 18.00 and 21.00. This is a 180minutes delivery window during which Buyer shall be available for receiving the wine at the specified address confirmed in the purchase order.
5.14 Deliveries will take place only on the following days: Monday, Tuesday, Wednesday, Thursday, Friday and Saturday. Confirmed purchases after 16.00 of Day D can be delivered at the earliest the following day, Day D+1, unless such day is a Sunday or a Public holiday. Under such event the wine can be delivered at the earliest the first working day following the Sunday or Public holiday.
5.14.1 For the purpose of these T&Cs, Saturday is a working day.
5.14.2 During Sundays and Public holidays no deliveries will be possible unless specifically stated in the online shop.
5.15 The wine is delivered directly by the Seller or by a service provider selected by the Seller.
6.1 Buyers under the Consumer Protection Act who purchased via the internet online store, may in accordance with §§ 11 FAGG withdraw from the purchase commitment fourteen (14) days from the date of receipt of goods. The cancellation period begins as soon as the Buyer or a third party designated by him has taken over the goods. The date of acquisition is not included in the period running. Saturdays, Sundays and holidays count for calculating the time limit. To safeguard the withdrawal period is sufficient to send the cancellation notice and to return the goods at the following address FERRETTO e.U. Franz-Fellner-Gasse 5; A-1220 Wien.
6.2 To exercise such right, Buyer shall send a message to Seller. You can download a model withdrawal from the www.ilvinomio.com website. To safeguard the withdrawal period it is sufficient that Buyer sends his communication concerning the exercise of the right before the expiration of the withdrawal period.
6.3 Following the withdrawal from the purchase agreement as per these T&Cs, Seller will refund the contract value excluding delivery costs.
6.4 Seller may withhold the reimbursement until the goods are delivered to the Seller not later than fourteen days from the date on which Buyer has informed Seller of the withdrawal. Buyer bears the immediate costs and the risk of returning the goods. The goods must be delivered sealed and without any damage. Unsealed or damaged goods will not be reimbursed by the Seller, if the damages were caused by inappropriate dealing with the goods.
7.1 In case the Buyer is not present at the delivery address on the delivery date during the confirmed timeframe, as per confirmation order acceptance, the Seller will have no obligation to re-deliver the wine to the Buyer.
7.2 The Buyer may pick up the wine at the following address Franz-Fellner-Gasse 5; A-1220 Wien subject to an appointment to be agreed by the parties. A storage fee of 0,10 Euro per day per bottle will apply until the day the Buyer will collect the wine but up to a maximum of 60 days.
7.3 The Seller will make its best endeavors to agree with the Buyer a pick-up date as soon as possible to minimize storage penalty. The storage penalty must be paid by Buyer to Seller in cash the day of collection. In absence of payment, the Seller is not obliged to deliver the wine. Following the 60 days, if the Buyer did not collect the wine, the Seller will send a reminder to the Buyer to collect the wine. Following other 30 days (during which the penalty of 0,10 Euro per day per bottle still applies) if the Buyer did not pay storage penalty costs and did not collect the wine, the Buyer loses the title and ownership to the wine and the Seller has the right to sell the wine to other Buyers. Under such circumstance, the Seller will refund the difference between the amount paid minus penalty costs minus transaction fees to the Buyer.
8.1 The Seller does not deliberately sell wine to Buyers under the age of 18 years. In the confirmation of the purchase order, the Buyer, at its own responsibility, confirms to be at least 18 years old.
8.2 The Seller will not deliver the goods to any person under 18 years, and will require an ID to verify the age of the person receiving and collecting the order. In absence of a person of the age of 18 years or more at the delivery, the Seller will not deliver the goods. Under such circumstance, this non-delivery will be considered as a failure from Buyer to collect the good at the place, date and time defined in the confirmation order acceptance; therefore, provisions under section 7 above apply.
9.1 Wine bottles remain property of the Seller until full payment has been irrevocably received. The transfer of property is finalized following the countersignature of the delivery confirmation.
10.1 FERRETTO e.U. is liable for damages according to legal regulations. The liability for slightly negligent damages are excluded. The liabilty limitation does not apply for damages from injury of life, the body or the health of humans and for claims according to the Austrian Product Liability Act.
10.2 The burden of proof for gross negligence or intent of damages is carried by the company. Against other companies the liabilty for lost profit is excluded. Furthermore the liability is limited to 10 % of the purchase price. The reimbursement of damages caused by a defective good, other material damages, financial losses and damages caused by claims of third parties are excluded.
10.3 For consumers according to the Consumer Protection Act the points 10.1. is not applicable.
11.1 People visiting www.ilvinomio.com, registering to the newsletter, registering to the site or purchasing the wine, collectively for the purpose of data collection and use of personal data are defined as “Users”. Users can use our website and online shop without disclosing any personal information. Personal information are treated strictly confidential and solely used in the necessary scope to fulfil legal requirements, process payments, process the order and delivery of goods. Personal data is only collected when users provide them as part of their purchase order, when opening an account or when registering for our newsletter. The newsletter can be unsubscribed by the User at any time.
12.1 Registration on our homepage www.ilvinomio.com offers the opportunity to register for an E-Mail newsletter. This contains sending out selected offers about our goods by E-Mail to the registered User. The User’s E-Mail is used solely for communications purposes and can be disclaimed at any time by Mail or by clicking the “Unsubscribe” link at the bottom of every newsletter e-email.
13.1 Should individual terms of the purchase contract or these T&C’s Agreement be ineffective or lose their effectiveness due to later circumstances, the legal effectiveness of the other provisions is not affected.
14.1 All disputes arising from the contract should be settled by the factual responsible court in 1010 Vienna.
14.2 The contract is subject to Austrian law under exclusion of the UN sales law.
14.3 The Point 14.1. is not applicable for transactions with consumers according to the Austrian Consumer Protection Act. Point 14.2. is in this case only applicable with the limitation that the conditions of Art 6 of the Council Regulation (EEC) No 593/2008 of 17 June 2008 on the law applicable to contractual obligations (“Rom I”).
14.4 In case of a contradiction between the German and the English version of these Terms and Conditions, the German version shall prevail.