Allgemeine Geschäftsbedingungen von Tenuta J. Hofstätter Srl
Last update: 29/09/2020
We advise Users to read the entire document carefully.
The owners of the Platform and of the related services listed below, perform functions and have obligations towards the User as regulated below:
Tenuta J. Hofstätter Srl - Piazza Municipio 7, 39040 Termeno (BZ), P.IVA: 00619540214 (hereinafter _________Tenuta J. Hofstätter Srl")
Function and obligations: Tenuta J. Hofstätter Srl is the Company that owns the products sold on the platform and the brands present on them.
Tannico & WinePlatform S.p.A., via Visconti di Modrone, n. 12 - Milan – VAT no. IT07344570960 (hereinafter "WP")
Function and obligations: WP is the Company responsible for selling the product, in its own name and on behalf of Tenuta J. Hofstätter Srl, as well as shipping and delivering it and carrying out customer support activities.
Information about the Owner of the Platform
This document constitutes a legal agreement between you, as the User, and Tenuta J. Hofstätter Srl, and governs purchases on the Platform.
"Legal agreement" means that the terms of the agreement, once accepted by the User, are binding for the latter.
"User", "you", "your" and similar terms, both singular and plural, refer to you, the User.
"Tenuta J. Hofstätter Srl" refers to the company that holds ownership of the products sold on the platform and of the brands present on them.
"We", "our" and similar terms refer to the company that owns the Platform.
"Contract" refers to this document, and its periodical amendments. The Contract is stipulated in the Italian language.
"Order and Shipment Confirmation" means the email that WinePlatform sends at the time of stipulation of the sales contract which also includes the shipment data relating to the shipment of all or part of the purchased products.
"Order Summary" means the email that WinePlatform sends when the order is received.
"Service" means the service offered by Tenuta J. Hofstätter Srl as described in these Terms.
"Terms and Conditions (or Terms)" refers to these terms and conditions of service, which constitute a legally binding agreement between the User and Tenuta J. Hofstätter Srl.
Changes to these Terms
Tenuta J. Hofstätter Srl and WP reserve the right to make changes to the Terms at any time, giving notice to the User by means of publication on the Platform.
For this reason, users are invited to consult the most updated version of the Terms and Conditions before making any purchase. The applicable Terms and Conditions are those in force on the date the purchase order is sent.
If the User continues to use the Platform after the changes have been published, he/she accepts the new Terms without reservation.
Acceptance of the Agreement
In order to use the Platform, the User must read the Agreement carefully and accept it by clicking on the specific button for acceptance. If the User does not accept the Agreement he/she will not be able to use the Service.
Registration, Platform content and prohibited use
It is understood that in no case shall Tenuta J. Hofstätter Srl and WP be held responsible in case of loss, diffusion, theft or unauthorized use of Users' access credentials by third parties, for any reason whatsoever.
Deleting and closing user accounts
Registered Users can disable their accounts, request their cancellation or interrupt the use of the Service at any time, through their User Reserved Area or by contacting WP directly.
In case of violation of these Terms, Tenuta J. Hofstätter Srl and WP reserve the right to suspend or close the User's account at any time and without notice.
Tenuta J. Hofstätter Srl and WP reserve the right to suspend or delete the User’s account at any time and without notice if they believe that:
- the User has violated the Contract; and/or
- access or use of the Service may cause damage to Tenuta J. Hofstätter Srl and/or WP, other Users or third parties; and/or
- the use of the Platform by the User may result in a violation of applicable law or regulations; and/or
- in the case of investigations conducted as a result of legal action or the involvement of public authorities; and/or
- the account is deemed by Tenuta J. Hofstätter Srl and/or WP, at their sole discretion and for whatever reason, inappropriate or offensive or in breach of the Contract or not in line with the standards of Tenuta J. Hofstätter Srl and WP.
The contents available on the Platform are protected by copyright law and other international laws and treaties protecting intellectual property rights and, unless otherwise stated, their use is permitted to Users only within the limits specified in this clause.
For the entire duration of the Contract, WP grants the User a personal, non-transferable and non-exclusive license, solely for personal and never commercial purposes and limited to the device used by the User to view such content.
Therefore, the User is expressly forbidden to copy and/or download and/or share (except within the limits illustrated below), modify, publish, transmit, sell, sub-license, process, transfer/assign to third parties or create derivative works based on the contents in any way, including those of third parties, available on the Platform, nor allow third parties to do so through the User or his/her device, even without his/her knowledge.
Wherever expressly indicated on the Platform, and for personal use only, the User may be authorised to download and/or copy and/or share certain content made available on the Platform, provided that he or she faithfully reproduces all copyright and other indications provided by Tenuta J. Hofstätter Srl.
Content provided by WP or third parties
WP does not perform any prior moderation on the content or links provided by third parties and shown on the Platform. WP is not responsible for such contents nor for their accessibility.
Content provided by the User
Users are responsible for their own content and that of third parties that they share on the Platform, whenever they upload content, insert it, or publish it by any other means. Users release WP from any responsibility in relation to the illicit disclosure of third party contents or to the use of the Platform in ways contrary to the law.
WP does not carry out any kind of moderation of the contents published by the User or by third parties, but it undertakes to intervene in case of User claims or orders issued by public authorities in relation to contents considered offensive or illegal.
In particular, WP and/or Tenuta J. Hofstätter Srl may suspend or interrupt the display of the contents in the event that:
- they receive complaints from other Users;
- they receive a report of infringement of intellectual property rights;
- they believe they must do so in anticipation of, or as a result of, legal action;
- such action is requested by a public authority; or
- they believe that such content, should it remain accessible on the platform, could put the Users, third parties, the availability of the Service and/or WP and/or Tenuta J. Hofstätter Srl at risk.
Rights to content provided by Users
The only rights granted to WP and/or Tenuta J. Hofstätter Srl in relation to the content provided by Users are those necessary for the operation and maintenance of the Platform.
Services provided by third parties
Users may use services or content included on the Platform provided by third parties, but must first have read and accepted the terms and conditions of third parties in question.
Under no circumstances shall WP be liable in relation to the proper functioning or availability, or both, of any services provided by third parties.
Use not allowed
The Service shall be used in accordance with the Terms.
- reverse engineer, decompile, disassemble, modify or create derivative works based on the Platform or any portion of it;
- circumvent the computer systems used by WP or its licensees to protect the content accessible on it;
- copy, store, modify, change, prepare derivative works or alter the content provided by Tenuta J. Hofstätter Srl and/or WP in any way;
- use any robot, spider, site search and/or retrieval application, or any other device, process or automatic means to access, retrieve, scrap or index any portion of the Platform or its contents;
- rent, license or sublicense the Platform;
- defame, offend, harass, threaten or otherwise violate the rights of others;
- spread or publish illegal, obscene, illegitimate, defamatory or inappropriate content;
- illegally appropriate themselves of an account used by another User;
- register or use the Service in order to approach Users to promote, sell or advertise products or services of any kind through the Platform;
- use the Platform in any other improper manner that violates the Terms.
Terms and conditions of sale
Each submitted order constitutes an offer for the purchase of products. WP reserves the right, at its unquestionable judgement, to accept or refuse the Order after having checked the availability of the product in question, at the conditions stated in the purchase proposal. The User must select the products and complete the check-out, after having carefully checked the information contained in the order summary. The order is finalized by confirming the order and is subject to payment of the price, taxes and shipping and payment costs indicated in the Order Summary form.
The Order summary does not constitute acceptance of the order. The contract is concluded when the Order Confirmation is sent by WinePlatform to the email address provided by the User. WinePlatform reserves the right not to confirm an order, notifying the User within 5 working days of placing the order, at the email address associated with the purchase, about the unavailability of one or more products he/she has purchased. In this case, WinePlatform will refund the price and shipping costs incurred by the User.
Changing an order
Users may change a purchase order after sending it by contacting the company’s customer service at the e-mail address and telephone numbers provided in the following section.
Customer service is available from Monday to Friday from 8:00 am to 8:00 pm and on Saturday and Sunday from 9:00 am to 6:00 pm and will respond to customer enquiries on the e-mail address: firstname.lastname@example.org and on the telephone number +39 02 87 18 77 50. The customer service uses a ticketing system to correctly manage the Users’ requests.
The customer service department reserves a maximum period of 72 hours to process and correctly handle customers’ requests. Any requests received during the holidays will be dealt with on the first working day after the holidays.
WP uses third party instruments to process payments and does not in any way enter into contact with payment data - such as credit card data – provided by Users.
Any payment processing costs not accepted by WP will be charged to the User.
All prices are inclusive of VAT and expressed in Euro. The total Price resulting at the end of the Order is inclusive of shipping costs.
In order to guarantee secure payments, WP uses Braintree as a secure payment gateway (SSL) which is an interface with the main payment circuits, including Amex, Mastercard, Visa, PostePay and PayPal. Furthermore, for orders placed by customers within Italy only, a cash on delivery service is available.
The conditions of use of the PayPal service are available at the following link.
The conditions of use of the Braintree service are available at the following link.
Prior authorisation for future payments via PayPal
In case of payment by means of a PayPal account, during the purchase WP will store an identification code matched to the customer's PayPal account, which authorizes WP to an exclusive use of the account related to future purchases.
Users can revoke the above authorisation at any time, through the Platform interface or by contacting WP directly.
Retention of title
Until the price of the ordered products has been paid in full, the products remain the property of Tenuta J. Hofstätter Srl.
Tenuta J. Hofstätter Srl may change the prices, descriptions or availability of the products on display without notice, on the understanding that the price charged to the user will be the one published on the product information sheet at the time the order is sent.
The photos on the platform are indicative only and may not constitute an exact representation of the products.
Upon Tenuta J. Hofstätter Srl instructions, WP will present the characteristics of the products with the greatest possible degree of detail on the Platform and within each product sheet viewed by the User. However, the images and colours of the products offered for sale on the Platform may differ from the real ones due to a number of factors, including, by way of example and not exclusively, the User's screen, photographic filters, etc.. Therefore, the User acknowledges and accepts that any such minor differences do not constitute a lack of conformity of the products.
In of unavailability of the ordered Product, without prejudice to the rights attributed to the user by law and, in particular, by Chapter XIV of Title II of Book IV of the Italian Civil Code, the user will be promptly informed by e-mail or telephone. The user will therefore be entitled to terminate the contract, pursuant to and for the purposes of the provisions of Art. 61, IV and V paragraph, of the Italian Consumer Code. In case the user avails himself of the right of termination pursuant to art. 61, IV and V paragraph of the Italian Consumer Code or in any case in which the payment of the Total Amount Due has already been made, WP will refund this amount without undue delay and no later than 15 working days from the date of collection. This amount shall normally be credited to the same means of payment used by the user for the purchase or through the alternative means agreed on by the user and WP. Any delays in crediting may depend on the bank, credit card type or payment solution used.
Execution of the Order
The Order shall be executed within the terms specified in the summary page and in the Order and Shipment Confirmation email, subject to availability of the ordered product. WP shall not be liable for damages suffered by the User due to delays in delivery that are not due to circumstances foreseeable by the parties at the time of sending the Order and Shipment Confirmation.
Shipping costs vary depending on the size, weight and destination of the chosen items.
Free shipping is also available for orders above a certain amount, depending on the destination. Restrictions may be applied on the quantity of products that can be purchased, for orders placed outside the European Union.
All delivery information, tax and duty details, as well as the shipping destination can be viewed at the following link.
Deliveries are made by Milkman in Milan and Turin; by BRT, SDA, GLS, UPS in the rest of Italy; by UPS Express Courier and San Marino Mail in Europe and around the world with varying times depending on the destination. Please note that delivery times are only approximate and are calculated from the day of shipment.
WP does not assume responsibility for delays in customs clearance but is committed to minimizing any inconvenience.
After placing an order, you will receive an e-mail containing all the details of your purchase. If you would like further information, please do not hesitate to contact us. Your order will be dispatched within one working day after the order date. As soon as the package is delivered to the courier, it can be electronically tracked and the system calculates an estimated day of arrival. You can follow the delivery progress by accessing the courier tracking page via the link we will send you.
Customs clearance and duties
Customs duties are calculated according to the regulations of the country of transit of goods. As a rule, customs duties are always charged to the recipient of the shipment before delivery. WP and the courier do not intervene directly in the process of the shipment’s customs clearance. This type of operation is always managed by the Customs Authorities of the country in which the goods transit.
Customs clearance costs and any other additional charges shall be borne by the User.
If you have made a shipment within the EU, no customs tax will be charged on your shipment.
Deliveries are made during normal working hours to the address provided by the User and in the manner specified in the order summary.
It is the User's responsibility to check the condition of the Product delivered to him/her. It is also understood that the risk of loss or damage of the Products, for reasons not attributable to WP, is transferred to the User at the moment when the User, or a third party designated by the latter and different from the courier, materially comes into possession of the Product. The user is advised to check the number of Products received and to make sure that the packaging is intact, not damaged, not wet or in any way altered, even in the materials used to close the package, and the user is invited, in his/her interest. In case the User notices anything out of the ordinary, we urge him/her to declare it on the carrier's transport document and accept the package with reservation. Receiving the Products without reserve, in fact, does not allow the User to take legal action against the courier in case of loss or damage to the Products, except in the case where the loss or damage is due to the courier’s intent or gross negligence and except for partial loss or damage not recognizable at the time of delivery. In the latter case, the damage needs to be reported as soon as it comes to the User’s knowledge and no later than eight days after receipt of the goods. In case the packaging shows evident signs of tampering or alteration, we also urge Users to promptly notify WP’s Customer Service thereof. In any case, the application of the rules regarding the right of withdrawal and the legal guarantee of conformity remains unchanged.
In case the User fails to pick up the products within the term established by the carrier, the products will be returned to WP, which will refund the price of the products including shipping costs. Should the User choose to select and appoint a courier himself, WP cannot be held responsible for any errors in the delivery due to inaccuracies or incompleteness of the information provided by the User when completing the purchase order, nor for damages that may have been caused to the Products after they were delivered to the carrier or delays in the delivery.
Right of withdrawal
Right of withdrawal
If the User purchases products or services on the Platform, he/she has the right to withdraw from the contract without justification, within 14 days. The withdrawal period expires after 14 days from the day on which the User or a third party - other than the carrier and appointed by the User – physically possesses the goods. In order to exercise the right of withdrawal, the User must inform WP and/or Tenuta J. Hofstätter Srl of the decision to withdraw by means of an explicit declaration sent to the contacts indicated above and before the expiry of the withdrawal period.
In order to exercise the right of withdrawal the user must send an email to: email@example.com and/or ____________________ (firstname.lastname@example.org) with an explicit declaration of his/her decision to withdraw from the contract (Declaration of Withdrawal). As the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period is borne by the User, it is in the User’s interest to keep a copy of the email he/she sends to WP and/or Tenuta J. Hofstätter Srl with the Withdrawal Declaration.
To this end, the User may use the following template his/her right of withdrawal:
Example of withdrawal form
Addressed to: _________________________________________
I/We hereby notify you of the withdrawal from my/our contract of sale of the following goods/services:
________________________________________________________________________________________________(please enter a description of the goods/services from whose purchase you intend to withdraw)
- Ordered on: _____________________________________________________________(insert date)
- Received on: _____________________________________________________________(insert date)
- Name of the consumer(s): ____________________________________________________________
- Address of the consumer(s): __________________________________________________________
- Date: ______________________________________________________________________________
(sign only if this form is sent in hardcopy, i.e. printed on paper)
The User is free to express his or her choice to withdraw from the contract in any other equivalent form.
Effects of withdrawal
If the User withdraws from this contract, he/she will be refunded for all payments made to WP for the purchase in question, including delivery costs (with the exception of any additional costs resulting from the User’s possible choice of a delivery type other than the least expensive standard delivery type offered) without undue delay and in any case no later than 14 days from the day on which WP and/or Tenuta J. Hofstätter Srl is informed of the User's decision to withdraw from this contract. Such refunds shall be made using the same means of payment used by the User for the initial transaction, unless the User has expressly agreed otherwise. In any case the User shall not incur any costs as a consequence of the refund. The refund may be suspended until WP and/or Tenuta J. Hofstätter Srl receive the goods or until the User proves that the goods have been returned, whichever is earlier.
The User is requested to send back the goods and to deliver them to WP without undue delay and in any case within 14 days from the day he/she has communicated the intent to withdraw from this contract. The deadline is respected if the User returns the goods before the expiry of the 14-day period. The costs of the return of the goods must be anticipated by the User, but will be refunded by WP in the manner and within the limitations indicated above, which are at the expense of the User.
Limitations to the right of withdrawal
Any returned products that are damaged or used in a different and excessive way with respect to what is strictly necessary to establish their nature, characteristics and operation will be refunded after deduction of an amount corresponding to the reduction in value resulting from the damage or use. When the decrease in the value of the product is total, there shall be no refund.
The User is requested to insert a copy of the delivery document he/she received in the package.
The right of withdrawal, pursuant to art. 59 of the Italian Consumer Code, is in any case excluded in relation to:
- goods made to measure or clearly personalised;
- supply of goods that are in danger of deteriorating or expiring rapidly;
- supply of sealed goods that are not suitable for return for hygienic or health protection reasons and have been opened after delivery.
Applicability of withdrawal clauses
The clauses concerning the exercise of the right of withdrawal, as well as the related consequences and exceptions, apply exclusively to the User who qualifies as a consumer of the products, i.e. the User acting for purposes unrelated to his/her business and professional activity.
Legal guarantee of conformity
All Products sold on the Platform are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of Italian Legislative Decree 206/2005 (Consumer Code) and Legislative Decree 21/2014 in implementation of Directive 2011/83/EU.
The User who purchases as a consumer has the right to a guarantee of the conformity of the products and services purchased within 24 months from the purchase and on condition that notification is given within 2 months from the discovery of the conformity defect.
In order to exercise the right of warranty, the User is required to contact WP and/or Tenuta J. Hofstätter Srl on the contact information contained in this document, giving an accurate description of the defect found.
Should the conformity defect of the product be ascertained, the User has the right to obtain, at his choice, the repair or replacement of the product.
The User also has the right to ask Tenuta J. Hofstätter Srl for an appropriate price reduction or termination of the contract in the following cases:
- if repair and replacement is impossible or excessively expensive;
- if Tenuta J. Hofstätter Srl has not repaired or replaced the goods within a reasonable period, in any case not less than 15 days;
- if the performed replacement or repair has caused significant inconvenience to the User.
The User is in any case obliged to return the defective products.
Compensation and Limitation of Liability
The User undertakes to indemnify WP and Tenuta J. Hofstätter Srl (as well as any subsidiaries or affiliates, its representatives, directors, agents, licensees, partners and employees), from any obligation or liability, including any legal fees incurred to defend themselves in court, arising out of damage caused to other Users or third parties, in relation to content uploaded online, violation of the law or the terms of these terms of service.
Limitations of liability
WP and/or Tenuta J. Hofstätter Srl and all the functionalities accessible through the Platform are made available to Users, at the terms and conditions set out in the Contract, without any warranty, express or implied, which is not mandatory by law. In particular, no guarantee is provided as to the suitability of the services offered for the particular purposes intended by the User.
The use of the Platform and of the functionalities accessible through the Platform are carried out at the Users’ own risk and under their responsibility.
In particular, within the limits of applicable law, WP and/or Tenuta J. Hofstätter Srl shall be liable for contractual and non-contractual damages towards Users and third parties exclusively on the grounds of wilful intent or gross negligence when these constitute an immediate and direct consequence of WP and/or Tenuta J. Hofstätter Srl's activity. Therefore, WP and/or Tenuta J. Hofstätter Srl shall not be liable for:
- any losses that are not a direct consequence of a breach of Contract by WP and/or Tenuta J. Hofstätter Srl;
- any loss of commercial opportunity and any other loss, even indirect, suffered by the User (such as, by way of example but not exclusively, commercial losses, loss of revenues, income, presumed profits or savings, loss of contracts or commercial relations, loss of reputation or goodwill value, etc.);
- damage or loss deriving from interruptions or malfunctions of the Platform due to force majeure or, in any case, to unforeseen and unforeseeable events independent of the will and outside the sphere of control of WP and/or Tenuta J. Hofstätter Srl such as, by way of example but not exclusively, breakdowns or interruptions to telephone or power lines, the Internet and/or other tools of communication, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the supply of products, services or applications of third parties; and
- incorrect or unsuitable use of the Platform by Users or third parties.
Interruption of the Service
In order to guarantee Users the best possible use of the Service, WP and/or Tenuta J. Hofstätter Srl reserve the right to interrupt the Service for maintenance or system updates, informing Users through constant updates.
Resale of the service
Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform and its Services without prior written consent granted by Tenuta J. Hofstätter Srl either directly or by means of a specific resale program.
The data communicated by the User and required for the execution of the contract are processed in accordance with the provisions of EU Regulation 679/2016 and Italian Legislative Decree 196/2003 as amended by Legislative Decree 101/2018.
Intellectual property rights
All Application trademarks, whether figurative or nominative, and all other signs, trade names, service marks, word marks, trade denominations, illustrations, images, logos appearing on Tenuta J. Hofstätter Srl are and remain the exclusive property of Tenuta J. Hofstätter Srl or its licensees and are protected by applicable trademark laws and international treaties.
All trademarks and all other signs, trade names, service marks, word marks, trade denominations, illustrations, images, logos concerning third parties and the content published by such third parties on the platform are and remain the exclusive property of or at the disposal of these third parties and their licensees and are protected by applicable trademark laws and international treaties. WP does not own such intellectual property rights and may use them only within the limits and in accordance with the contracts stipulated with these third parties and for the purposes outlined therein.
Users of this platform declare to be of legal age according to the legislation applicable to them. Under no circumstances may minors under 13 years of age use the platform.
Conditions for the receipt of deliveries
The User who makes the purchase on the platform also declares and guarantees that those who will receive the shipment of the purchased products are of legal age according to the applicable legislation.
Transfer of the agreement
Tenuta J. Hofstätter Srl reserves the right to transfer, assign, dispose of by novation or subcontract all or some of the rights or obligations arising from the Terms, provided that the User's rights as described herein are not affected, without prejudice to the User’s possibility to freely withdraw from the Agreement. The User shall be promptly notified of any such transfer.
The User may not assign or transfer his/her rights or obligations under the Terms in any way without the written consent of Tenuta J. Hofstätter Srl.
All communications relating to Tenuta J. Hofstätter Srl must be sent using the contact information indicated in the Contract.
Ineffectiveness and partial nullity
The Company does not warrant that the contents of this site are appropriate or lawful in other countries. The possible invalidity, nullity or ineffectiveness of one or more of these Terms where accepted, shall not result in the invalidity, ineffectiveness or nullity of the remaining clauses which shall remain valid and effective.
Applicable law and Jurisdiction
These Terms and all disputes regarding the execution, interpretation and validity of this agreement are subject to the law, the jurisdiction of the Italian State and the exclusive jurisdiction of the Court of Milan.
Where the law so provides, the mandatory forum shall be the consumer's place of residence.
Online dispute resolution for consumers
Consumers living in Europe should be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve, in a non-judiciary manner, any dispute relating to and/or arising from contracts for the sale of goods and services concluded online. Consequently, if you are a European consumer, you can use this platform to resolve any dispute arising from the online contract concluded with Tenuta J. Hofstätter Srl.
The platform is available at the following link.
WP and/or Tenuta J. Hofstätter Srl is available to answer any question sent by email to the address published in this document.
Last update: 29/09/2020