General Terms and Conditions of Sale

Last update: 26/05/2023

Users exploiting the Services and purchasing the Products offered on Kuenburg Graf Eberhard & Co. S.a.s’s E-commerce Platform (hereinafter referred to also as “Platform” or "Website") declare to know and accept these Terms and Conditions together with the Privacy Policy which constitutes an integral part thereof.

Users are invited to carefully read the entire document.

Legal information 

Owners of the Platform and of the associated services set out below, perform functions and have obligations towards the User as regulated below: Owner of the Products sold: Kuenburg Graf Eberhard & Co. S.a.s -  Via della Mostra 3, 39100 Bolzano (BZ), VAT no.: 01207400217 Function and obligations: Kuenburg Graf Eberhard & Co. S.a.s is the Company that has ownership of the Products sold on the Platform and the trademarks present on them. Contact information: kuenburg@kuenburg.it Owner of the Platform and provider of sales, shipping and customer support services: Tannico S.r.l, Corso Giuseppe Garibaldi, n. 86 - Milan - P.I. IT07344570960 (hereinafter referred to as “WinePlatform” or “WP”) Function and obligations: Tannico S.r.l. is the Company that deals, through its own WinePlatform service, with the sale of the Products on behalf of Kuenburg Graf Eberhard & Co. S.a.s, as well as shipment and delivery and carries out customer support activities. Contact information: info@tannico.it

• INTRODUCTION

This document constitutes a legal agreement between you, as user, and the Owner, and regulates the use of, and purchases on, the Platform.

• Use of the Platform and of the relative Services is reserved to Users that are more than 13 (thirteen) years old;
• In Italy, the sale of alcoholic drinks to people of under 18 (eighteen) years of age is forbidden.

• Definitions

"General Terms and Conditions", "Terms and Condition", “Terms”, "Conditions", indicate the conditions that regulate the sale of the Products on Kuenburg Graf Eberhard & Co. S.a.s’s Platform, subject to modifications, which must be examined carefully before accepting them and the subsequent purchase of the Products;

"Contract", "Agreement" and similar terms, indicates the contract entered into remotely on Kuenburg Graf Eberhard & Co. S.a.s’s Platform which has as its object the sale of Products as regulated by these General Terms and Conditions of Sale; 

“Tannico – WinePlatform", “WinePlatform”, “WP”, “Owner”, "Us", "Our" and similar terms, refer to the Owner that owns and manages the Platform. The Owner acts in its capacity as "professional" as defined by art. 3, letter c) of the Consumer Code: "natural or legal person acting in the exercise of their entrepreneurial, commercial, artisanal or professional activity, or on behalf of one of their intermediaries";

"Kuenburg Graf Eberhard & Co. S.a.s" refers to the company that owns the Products sold on the Platform and of the trademarks present on them;

"Customer", "User", "Purchaser", "You", "Your" and similar terms, both in the singular and in the plural, refer to the natural or legal person, independent of their Consumer status, which makes the purchase, accepting the Terms and Conditions;

"Account" indicates the set of Customer identification data that permits access to the Platform and Services thereon provided;

“E-Commerce Platform”, “Platform” and analogous terms, refer to the online infrastructure made available to Users for the purpose of exploitation of the Service and of sales;

"Website", "Site" refers to the set of web pages housed on a web server reachable by the User through a common search engine and/or internet address through the use of an internet browser;

“Product” and similar terms, in the singular or plural, indicates the article owned by Kuenburg Graf Eberhard & Co. S.a.s which is sold via the Platform; 

“Receipt of order” indicates the e-mail that WinePlatform sends upon receiving the order;

“Order confirmation” indicates the e-mail that WinePlatform sends upon conclusion of the sales Contract and indicating also the data relating to the shipment of all or part of the Products purchased;

"Consumer Code" indicates the Italian Consumer Code, Legislative Decree 6 September 2005, no. 206, as modified – most recently by Law 23 December 2021, no. 238 – which constitutes the body of legislation regarding the rights of Consumers; 

"Consumer", "Him/her", indicates "a natural person acting for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity possibly carried out" as provided for by art. 3, letter a) of the Consumer Code;

"Digital Service Act", "DSA" indicates the new European legislation on digital services approved on 4 October 2022;

"Civil Code", indicates the Italian Civil Code, Royal Decree 16 March 1942, no. 262, updated with appropriate modifications, most recently by Law no. 41/2023;

"Right of Withdrawal", "Withdrawal", the possibility of waiving the purchase and, therefore, of withdrawing from the Contract as provided for by articles 52 and following of the Consumer Code;

"Service" and similar terms indicate the service offered by the Owner as described in these Conditions.

• Acceptance of the Contract

In order to purchase the Products, you must carefully read and accept these Terms and the Privacy Policy which constitute an integral part thereof by clicking on the appropriate button provided for their acceptance. If you don’t accept the Terms, you will not be able to use the Service provided and make the purchase of the Products. Accepting, the user confirms to be aware of all the provisions of these Terms and Conditions and, specifically, of the rules for use of the Platform and of the sales Terms and Conditions.

• Changes to these Terms

The Terms and Conditions applicable are those in force upon their acceptance, that is, when each purchase is made. Users are invited, before making any purchase, to consult the version of the Terms and Conditions in force at that moment. The Owner reserves the right to change these Terms. Nevertheless, every purchase is regulated and shall continue to be regulated by the Terms and Conditions that were accepted by the User, that is, in force at the time of that purchase. As a result, the User may be subject to different sales Conditions depending on the purchase made and the time it was made. To have access to previous versions of these Terms, it is possible to contact the Owner according to the contact details contained in this document. Failed acceptance of the updated terms implies the possibility to proceed with a purchase.

• REGISTRATION AND ACCOUNTS 

• Registration

Users must register, providing, truthfully and completely, all the data requested in the relative registration form and fully accept the privacy policy. It is not always necessary to register and have an Account in order to be able to proceed with the purchase. 

The user is forbidden from providing false o invested data during the registration phase. 

The creation of an Account through bots or other automated tools is not permitted.

The registration of minors under 18 years of age is prohibited. 

The registration procedure is completed once the requested data have been inserted and sent. 

• User Account

Creating an Account, the User accepts to be fully responsible for any activity carried out with their access credentials. The registration credentials must be used exclusively by the user and cannot be transferred to third parties. The User is obliged to safeguard and preserve the confidentiality of the access credentials, as well as to promptly inform WP in the event of their suspected improper use and/or their dissemination. It is understood that in no event can Kuenburg Graf Eberhard & Co. S.a.s and WP be held liable in the event of loss, dissemination, theft or unauthorised use on the part of third parties, for whatever reason, of the user’s access credentials. To this end, users must choose a password that corresponds to the maximum level of security on the Platform.

• Cancellation and closure of the user Account

Registered users can disable their Account, requesting cancellation by following the procedure provided for on the Platform or interrupt use of the Service at any time.

The Owner, in the event of breach of these terms, reserves the right to suspend or close the User’s Account at any time and without notice. Specifically, the User’s Account may be suspended or closed if the Owner considers that: 

• the User has breached the Contract; and/or
• access or use of the Service could cause harm to Kuenburg Graf Eberhard & Co. S.a.s and/or WP, and other Users or third parties; and/or
• use of the Platform by the User can result in a violation of the law or applicable regulations; and/or
• in the event of investigations conducted as a result of legal actions or involving public authorities; and/or
• the Account is considered by Kuenburg Graf Eberhard & Co. S.a.s and/or WP, at its sole discretion and for any reason, to be inappropriate or offensive or in breach of the Contract or not in line with Kuenburg Graf Eberhard & Co. S.a.s and WP’s standards.

• TERMS AND CONDITIONS OF SALE 

•  Purchase procedure

Through the Platform, Users shall have the possibility of purchasing Products of different types and origin. The Products are shown subdivided by categories on the basis of their characteristics and the order in which they are shown is casual. The User must select the Products and complete the check-out, after having carefully verified the information contained in the order summary. With the forwarding of the order, the Customer declares to have fully accepted these Terms and Conditions. 

The order receipt does not constitute acceptance of the order, as every order sent constitutes an offer for the purchase of the Products. The Owner reserves the right, at its sole discretion, to accept or reject the order after ascertaining the availability of the Product to which the offer refers, under the conditions reported in it. The Owner reserves the right not to confirm the order, informing the user within 5 (five) working days from the placing of the order, to the email address associated with their purchase.

The conclusion of the Contract occurs upon the sending of order Confirmation by WinePlatform to the e-mail address provided by the User. 

The order is made upon its conformation and is subject to payment of the price, taxes, shipment costs and any additional costs for the method of payment chosen as indicated in the order summary form.

In the event of the unavailability of one or more of the Products purchased, WinePlatform shall arrange for a refund of the price and the shipment costs incurred by the User. In some cases, the Owner could propose a replacement Product. For further information, see the following clause regarding the Product availability. 

The Owner reserves the right to cancel all non-conforming or dubious orders, such as those coming from a Customer with whom there is a dispute. The Owner reserves the right to refuse any order for legitimate reasons. 

The Customer understands and accepts that WP and Kuenburg Graf Eberhard & Co. S.a.s shall have the right to refuse orders if they suspect that the Products purchased could be resold for commercial purposes. 

3.1.a Prices, descriptions and availability of the Products

The prices, descriptions and/or availability pf the products exhibited are subject to modifications without notice by Kuenburg Graf Eberhard & Co. S.a.s and/or WP, it being understood that the price charged to the User will be that shown in the order summary during checkout.

The photos inserted are indicative and may not be an exact representation of the Products. On Kuenburg Graf Eberhard & Co. S.a.s’s instructions, WP will present the characteristics of the Products with as much detail as possible on the Platform inside of each data sheet corresponding to the Product viewed by the User. In all events, the images and colours of the Products offered on sale on the Platform could differ from the actual ones due to multiple factors including, by way of example and not in exclusive terms, the monitor of the User terminal, photographic filters, etc. As a result, the User acknowledges and accepts that such possible minor differences do not constitute a conformity defect of the Products.

The user shall be promptly informed in the event of the unavailability of the ordered Product, without prejudice to the rights attributed to the user by the law and in particular, by Chapter XIV of Title II of Book IV of the civil code.

In some cases, the Owner could propose to the Customer a replacement Product with respect to the one ordered. The Customer shall be fully entitled to accept the replacement product or refuse it at their sole discretion and without having to give reasons. In the event the Owner agrees to the replacement of the Product, the order shall be sent and the purchase procedure shall be completed. The User shall always be entitled, in case of unavailability, to terminate the Contract, pursuant to and by the effects of the provisions of art. 61, IV and V paragraph, of the Consumer Code. In the event the User exercises the right of termination as per art. 61, IV and V comma, Consumer Code, or in any case in which payment of the total amount due has already been made, WP shall refund this amount without undue delay and, in all events, within the maximum term of 15 (fifteen) working days from the collection date. Said amount shall be credited with the same method of payment used by the User for the purchase or a different method agreed between the User and WP. Any delays in the credit may depend on the banking institute, the type of credit card or the payment solution used.

3.1.b Execution of Orders

An order is executed within the terms specified on the summary page and in the order conformation e-mail, subject to the availability of the Product ordered. WP may not be held liable for damages suffered by the User due to delays in delivery which are not dependent on circumstances foreseeable by the parties upon the sending of the Order Confirmation.

3.1.c Retention of title

The products remain the property of Kuenburg Graf Eberhard & Co. S.a.s until the full payment of the price of the Products.

• Modification of orders

Modification of an order by the Customer after sending the purchase order is possible through the email and telephone customer service channels as indicated below. WP and Kuenburg Graf Eberhard & Co. S.a.s reserve the right to apply additional costs for the change made.

• Methods of payment

The details of accepted payment methods are provided during the purchase process. A number of payment methods are bound by additional conditions or involve additional costs. The details are shown in the relative section of the Platform.

All payments are managed automatically by third-party services. As a result, the Owner does not collect any data relating to the payment – such as the credit card number – but receives notification when the payment has been successfully made.

For the purpose of guaranteeing the security of payments made, WP uses Braintree as a secure payment gateway (SSL), through which it is possible to interface with the main payment circuits. In addition, in some cases a payment on delivery service (cash on delivery) is available with respect only to payments made by customers in Italy.

• 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.

During the purchase procedure and before completing it, Users are suitably informed of all expenses, taxes and costs that will be charged to them. All Prices are considered as including VAT. The total price resulting at the end of the order includes shipping costs.

In the event payment is made with one of the available methods is not successful or is refused by the payment service provider, the Owner is not obliged to activate the Services purchased. Any costs or commission deriving from unsuccessful or refused payment are attributed to the User.

3.3.a Invoicing

It is possible to request an invoice when purchasing by selecting the specific checkbox and inserting the requested data. The invoice will be sent directly to the Customer’s tax box. 

3.3.b Prior authorisation for future PayPal payments

In the event of payment with PayPal, during the purchase WP memorises a recognition code associated with the Customer’s PayPal account which authorises WP to have exclusive use with regards to future purchases. It is possible to revoke the aforementioned authorisation at any time through the Platform interface or by contacting WP directly.

• Shipment

Shipment costs vary according to the dimension, weight, number and country of shipment of the chosen articles.

Free shipment for orders over a certain expenditure threshold could be provided for, on the basis of destination. Restrictions on the quantity of Products that can be purchased and for orders made outside of the European Union could be applied. 

All delivery information, details of taxes and duties, as well as the shipment destination can be viewed at the following link: www.shop.castelsallegg.it/it/eur/it/shipping.html

It should be noted that delivery times are only indicative and are calculated from the day of shipment.

The Owner and Kuenburg Graf Eberhard & Co. S.a.s do not assume any liability for delays in customs clearance, but undertake to minimise any inconveniences.

3.4.a Customs clearance and duties

Customs duties are calculated according to the regulations of the country of transit of the goods. As a rule, customs duties are charged to the recipient of the shipment before delivery. WP and the carrier do not directly intervene in the customs clearance process for a shipment. This type of management is always carried out by the customs of the country in which the goods transit. 

Customs fees and another additional cost are payable by the User. 

No customs duty on your shipment will be applied is you have made a shipment inside the EU.

• Traceability of the order

After placing an order, you will receive an e-mail containing all the details of your purchase. Do not hesitate to contact us if you would like further information. Shipment is normally made within the next working day from the order data. Its electronic traceability begins as soon as the package is delivered to the carrier and the day of arrival is estimated. You can follow the progress of the delivery by accessing the carrier’s tracking page through the link that we will send to you.

• Delivery

Deliveries are made during normal working hours to the address indicated by the User and according to the methods specified in the order summary.

The User is responsible for verifying the conditions of the Product delivered, it being understood that the risk of loss or damage of the Products for reasons not attributable to WP is transferred to the User or a third-party engaged by the latter and different from the carrier takes physical possession of the Product. The User is recommended to verify the number of Products received and that the packaging is intact, not damaged, or wet or in any case altered, also with regards to the closure materials. In the event that the package has obvious signs of tampering or alteration, the User is, furthermore recommended to promptly inform WP’s Customer Services and/or to accept it “with reservation” (clause 3.6.a). 

In the event of failed collection within the term established by the carrier, the Products shall be returned to the Owner, who will refund the price of the products, including shipment costs. The Customer, nevertheless, could be requested to pay costs for a package left in storage and for the return of the package to the Owner.

The Owner may not be held liable for errors in the delivery due to inaccuracies or incompleteness in completing the purchase order by the User, for any damage to the Products occurring after delivery to the carrier, in the event the latter is engaged by the User, or for delivery delays attributable to the latter.

3.6.a Acceptance of the package “with reservation”

In the event that the pack has evident signs of tampering or alteration, the Owner shall invite the Customer, in their interest, to accept the package “with reservation” so as not to incur limitations of liability towards the appointed Carrier. Any anomalies must be indicated on the delivery note. Receipt of the Products with reservation, in fact, does not permit the User to take legal action against carrier for loss or damage of the Products, except in the event that loss or damage are due to the carrier’s wilful misconduct or gross negligence and except for partial loss or damage not recognizable at the time of delivery provided, in the latter case, the damage is reported as soon as it is detected and not later than eight days after receipt.  In the event the Carrier, its affiliates or employees, oppose acceptance “with reservation”, the owner must be promptly informed of the situation in order to be able to intervene and seek to correct conduct that could constitute violations of the law. This is, however, without prejudice to application of regulations regarding the right of withdrawal and legal guarantee of conformity.

3.6.b Conditions for receipt of deliveries

A User that makes a purchase via the Platform, moreover, declares that whoever will receive the shipment of the Products purchased is of age according to the legislation applicable to the latter.

• Customer assistance service

The customer service will be available from Monday to Friday all-day from 8:00 to 20:00, Saturday 9:00-13:00 / 14:00-18:00 and will respond to requests from customers via the e-mail address: info@wineplatform.it and at the telephone number +39 02 30 45 80 75. The Customer Service will use a ticketing system for the correct management of requests.

The Customer assistance service reserves the right to process and correctly manage requests within maximum period of 72 (seventy-two) hours. Any requests received during public holidays will be processed on the first available day.

• RIGHT OF WITHDRAWAL

• Exercise of the Right of Withdrawal

In the event of the purchase of Products or Services on the Platform, a User has the right to withdraw from the Contract without indicating the reasons, within 14 (fourteen) days. The withdrawal period expires after 14 (fourteen) free days from the day on which the User or a third party – other than the carrier engaged by the User – acquires physical possession of the goods. The right of withdrawal is applicable only to Customers that act in the capacity of Consumers as defined in the Consumer Code and in the definitions section of these Conditions. In accordance with applicable law, the Customer understands and accepts that it will no longer be possible to exercise the right of withdrawal once a bottle has been opened.

To exercise the right of withdrawal, the User is obliged to inform WP of their decision to withdraw through an explicit declaration sent to as per the contact details indicated and before the expiry of the withdrawal period.

To exercise the right of withdrawal, the User must inform us of their decision to withdraw from this Contract by means of an unequivocal declaration, for example, a letter sent by post or e-mail (declaration of Withdrawal). 

To this end, the User may use the form for exercising the right of withdrawal reported in the following clause. The User is, in any case, free to express their choice to withdraw from the Contract in any other equivalent form.

The communication must be addressed to WP as per the contact details indicated in this document. 

Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal period falls to the User, it is in the User’s interest to keep a copy of mail sent to WP with the declaration of Withdrawal.

4.1.a Withdrawal form

The recipient [name, geographical address, telephone number and electronic mail address]: — I/we herewith (*) notify withdrawal from my/our (*) sales Contract for the following good/services (*) — Ordered on (*)/received on (*) — Name of the Consumer(s) — Address of the Consumer(s) — Signature of the Consumer(s) (only if this form is sent in paper version) — Date

• Effects of withdrawal

If a User withdraws from this Contract, they will be refunded all payments made to WP with the exception of costs for the return of the Product(s) and any supplementary costs deriving from a type of delivery different from the less costly standard delivery offered. The refund shall occur without undue delay and, in any case, not after 14 (fourteen) days from the day that WP is informed of the User’s decision to withdraw from this Contract. Said refunds shall be made using the same method of payment used by the User for the initial transaction, except in the event the User has expressly agreed otherwise. The Consumer is responsible for the reduction in the value of the goods resulting from handling different from what is necessary to establish the nature, characteristics and functioning of the goods. 

The User is invited to reship the goods and to deliver them to WP without undue delay and, in all events, within 14 (fourteen) days from the day on which they communicated withdrawal from this Contract. The term is considered as respected if the User reships the goods before the expiry of the period of 14 (fourteen) days. The costs for restitution of the goods shall be payable by the User. The Consumer undertakes to package the Product in such a way that it cannot be damaged during transport. We may withhold the refund until we have received the goods or until the Customer has provided proof of having reshipped them, whichever of the two above conditions occurs first.

• Limitations and exceptions to the right of withdrawal

Returned Products that are damaged or used in a different and additional way than what is strictly necessary to establish their nature, characteristics and functioning shall be refunded after deduction of the decrease in value resulting from damage or use. A refund is excluded when the decrease in value is total.

The User is invited to insert inside the package a copy of the delivery note received.

Pursuant to art. 59 of the Consumer Code, right of withdrawal is, in all events, excluded in relation to:

• goods made-to-measure or clearly personalised;
• the supply of goods which are likely to deteriorate or expire rapidly;
• the supply of sealed goods that are not suitable for return for hygienic reasons or related to health protection and were opened after delivery;
• contracts relating to the supply of alcoholic drinks the delivery of which is deferred beyond thirty days and the agreed value at the conclusion of the Contract depends on market fluctuations outside the supplier’s control.

• Applicability of the withdrawal clauses

The clauses that refer to the exercise of the right of withdrawal, as well as the relative consequences and exceptions, apply exclusively to a User classified as a Consumer, that is, a User who acts for purposes unrelated to their business and professional activity.

• GUARANTEES

5.1 Legal guarantee of conformity

All the Products sold on the Platform are covered by the legal guarantee provided for by arts. 128 and following of Legislative Decree 206/2005 (Consumer Code), as modified by leg. Dec. 170 del 2021.

A Customer that purchases as a Consumer has the right to the guarantee of conformity of the Products and Services purchased within the limit of 24 (twenty-four) months from purchase. 

Nevertheless, in the event that the Products have an expiry date or, in general, the Products the characteristics of which deteriorate before 24 (twenty-four) months from purchase – by way of example white wine for which consumption within 12 (twelve) months from purchase is recommended – the guarantee right is forfeited upon the expiry provided for that Product and indicated on the packaging. 

To exercise the guarantee right, the Customer is obliged to contact WP and/or Kuenburg Graf Eberhard & Co. S.a.s at as per the contact details contained in this document, giving an accurate description of the defect found. Kuenburg Graf Eberhard & Co. S.a.s, as producer, is responsible for everything relating to quality, the characteristics of the product and any conformity defects. 

If the defect in the goods should appear within one year from the time of purchase, it is assumed that this defect already existed at the time of delivery of the goods. As a result, a Consumer does not have, in this case, the burden of proving the conformity defect. Consequently, will therefore be up to the Owner to provide any evidence to the contrary. As a result, it will therefore be up to the Owner to provide any evidence to the contrary. 

Action aimed at asserting defects not maliciously hidden by the Owner and/or by Kuenburg Graf Eberhard & Co. S.a.s expires, in any case, at 26 (twenty-six) months from the delivery of the goods. A Consumer agreeing to the performance of the Contract can always assert the remedies set out in these Terms.

The Consumer is not entitled to terminate the Contract if the conformity defect is minor significant. The burden of proof of the minor nature is attributable to the Owner. 

The Customer confirms and accepts that there is no conformity defect if, upon the conclusion of the Contract, they were specifically informed by the Owner of the fact that a particular characteristic of the article diverges from the objective conformity requirements and the Customer expressly and separately accepted said divergence upon the conclusion of the Contract.

A Consumer may refuse to make the payment of any part of the price until the seller has fulfilled its obligation provided for by this paragraph.

The provisions of arts. 1483 and following of the Civil Code apply to all Customers, regardless of their status as Consumers. The conformity guarantee is excluded for non-Consumer users unless the Owner or Kuenburg Graf Eberhard & Co. S.a.s has kept silent about the defects of the sold article. 

 5.2 Remedies

If the lack of conformity of the Product is ascertained, the User has the right to obtain, at their choice, the replacement of the Product, a proportionate reduction in the price or the termination of the Contract. The Consumer is immediately entitled to a proportionate reduction of the price or termination of the contract in the event the has the Owner has refused to replace the article. 

The reduction in price is proportionate to the fall in value of the article received by the Consumer compared to the value that it would have had had it been conforming. 

The Consumer exercises the right to termination of the Contract by means of a declaration the seller containing the expression of intention to terminate the Contract. 

If the conformity defect relates to only some of the goods delivered according to the sales Contract and there are grounds for termination of the Contract, the Consumer can terminate the Contract limited to non-conforming goods and to those purchased together with the non-conforming goods, in the event of the existence of an interest of the Consumer in keeping the goods free from defects cannot be reasonably presumed. If the Consumer terminates the Contract in its entirety or limited to a number of the goods delivered by virtue of the Contract a) the Consumer returns the article to Kuenburg Graf Eberhard & Co. S.a.s at the latter’s expense, and b) the Owner refunds the Consumer the price paid for the article upon receipt of the article or of proof provided by the Consumer regarding the fact of having returned or shipped the article. 

The Customer must ship the Products acquired to the address that shall be communicated by the Owner. Shipment costs are considered to be payable by the Owner. Upon receipt, the Owner reserves the right to accept the Customer’s request, verifying the existence of the reasons indicated by the latter. In the event of validity of the request, the Owner shall replace the Product at its expense. The Customer is, in any case, obliged to return the defective Products. 

• COMPENSATION AND LIMITATION OF RESPONSIBILITY

 6.1 Attribution of responsibility

WinePlatform and Kuenburg Graf Eberhard & Co. S.a.s specify that responsibility relating to this Contract is subdivided as follows:

• Kuenburg Graf Eberhard & Co. S.a.s’s responsibility is limited to the sole activity of identifying the technical-functional characteristics of the Platform, information and contents relating to the Product (characteristics, quality, price), supply and availability of the Product, as well as guarantee of the quality of the same Product and management of returns.
• WinePlatform’s responsibility is, instead, limited to the sole activity of the sale, payment, shipment and delivery of the Product, as well as what concerns the development, management and maintenance of the Platform.

The User understands and accepts said subdivision of responsibility and undertakes to forward relative complaints/communications to the party which on each occasion is liable according to the above-indicated attributions.

6.2 Indemnity

The User undertakes to keep WP and Kuenburg Graf Eberhard & Co. S.a.s indemnified (as well as any companies controlled by or affiliated with them, their representatives, directors, agents, licensees, partners and employees), against any obligation or liability, including any legal costs incurred to defend themselves in court, which may arise for damage caused to other users or third parties in relation to the contents uploaded online, breach of law or of these Terms. 

6.3 Limitations of liability

All the functionalities accessible through the Platform are made available to Users under the Terms and Conditions as per the Contract, without any guarantee, explicit or implicit, which is not mandatory by law. Specifically, no guarantee is provided of the suitability of the Services offered for the particular purposes the User intends.

Use of the Platform and the functionalities accessible through the Platform is made by the Users at their own risk and under their own responsibility.

Specifically, WP and/or Kuenburg Graf Eberhard & Co. S.a.s, within the limits of applicable law, are answerable for damages of a contractual and non—contractual nature with respect to Users and third parties exclusively for wilful misconduct or gross negligence when they are an immediate and direct consequence of the activity of WP and/or Kuenburg Graf Eberhard & Co. S.a.s. As a result, WP and/or Kuenburg Graf Eberhard & Co. S.a.s shall not be liable for:

• any losses which are not the direct consequence of breach of the Contract on the part of WP and/or Kuenburg Graf Eberhard & Co. S.a.s;
• non-performance, delays and breaches attributable to the carrier responsible for the shipment, including deterioration, loss and tampering of the shipped Product; 
• any loss of business opportunity and any other losses, also indirect, suffered by the User (such as, by way of example and not in exhaustive terms, business losses, loss of revenues, income, profits or presumed savings, loss of contracts or business relationships, loss of reputation or value of goodwill etc.);
• damage or losses resulting from interruptions or malfunctions of the Platform due to force majeure events or, in any case, unforeseen and unpredictable events which are, in all events, independent of the will and outside the sphere of control of WP and/or Kuenburg Graf Eberhard & Co. S.a.s such as, by way of example and not in exhaustive terms, breakdowns or interruptions of telephone and electricity lines, the internet and/or in any case, other means of transmission, the unavailability of websites, strikes, natural events, viruses and cyberattacks, interruption in the supply of the Products, services or third-party applications; and
• erroneous or inappropriate use of the Platform by Users or third parties. 

The Owner specifies that everything relating to the production, characteristics, control, packaging price of the Product and cost of shipment falls within the exclusive responsibility of Kuenburg Graf Eberhard & Co. S.a.s Any damage or injury caused by the shipped Product must be compensated by Kuenburg Graf Eberhard & Co. S.a.s

It is understood that neither the Owner nor Kuenburg Graf Eberhard & Co. S.a.s can be held liable in the event of failed or partial performance of the Contract due either to the Customer's actions or to an external, unpredictable and insurmountable act of a third party, or to a case of force majeure. 

PLATFORM CONTENTS AND PROHIBITED USE 

7.1 Available contents

The contents available on the Platform are protected by copyright and other international laws and treaties aimed at protecting intellectual property and, where not otherwise specified, their use is permitted to users exclusively within the limits specified in this clause. If not otherwise indicated or clearly recognisable, all contents available on the Platform are owned or supplied by the Owner or their licensees. 

WP, already authorised by Kuenburg Graf Eberhard & Co. S.a.s to this end, grants to the User, for the entire duration of the Contract, a personal non-transferable and non-exclusive license for only personal and never commercial purposes, and limited to the device used by the User for exploiting said contents.

As a result, the User is expressly prohibited from copying and/or downloading and/or sharing (unless within the limits illustrated below), modify, publish, transmit, sell sub-license, process, transfer/assign to third parties or create derivative works in any way from the contents, also of third parties, available on the Platform, and from allowing third parties to do so through the User or their device, even without their knowledge.

Whenever expressly indicated on the Platform, the User, for strictly personal use, may be authorised to download and/or copy and/or share some contents made available on the Platform, provided such indication faithfully reports all copyright notices and other information provided by Kuenburg Graf Eberhard & Co. S.a.s.

The Owner makes every effort to ensure that the contents available on the Platform do not breach the laws in force or third-part rights. It is not always possible, however, to achieve this aim.

In such cases, without prejudice to legally exercisable rights and claims, Users are requested to address their claims as per the contact details specified in this document.

 7.2 Contents provided by WP or by Third Parties

WP does not carry out any preventive moderation on the contents or links provided by third parties shown on the Platform. WP is not liable for said contents and their accessibility.

7.3 Contents provided by Users

Users are responsible for their own contents and that of third parties that they share on the Platform, through their downloading, insertion or by any other means. Users hold WP and Kuenburg Graf Eberhard & Co. S.a.s harmless against any liability in relation to the unlawful dissemination of contents of third parties or use of the Platform in a manner contrary to the law.

Il Owner does not carry out any preventive moderation on the contents published by a User or third parties, but undertakes to intervene in response to reports from Users or to orders given by public authorities in relation to contents considered offensive or illegal.

Specifically, the Owner may suspend or interrupt the display of contents in the event that:

• complaints are received from other Users;
• it receives a report of a violation of intellectual property rights;
• it believes it is necessary to do so in anticipation of, or as a result of, legal action;
• such action is requested by the public authorities; or
• it believes that said contents, remaining accessible through the Platform, could put Users, third parties, the availability of the Service and/or WP itself and/or Kuenburg Graf Eberhard & Co. S.a.s at risk.

Pursuant to article 23 of the DSA, in the event that the User repeatedly provides manifestly illegal contents or frequently sends manifestly unfounded communications, the Owner shall be compelled to take much harsher measures.

7.4 Rights on the contents provided by Users 

The only rights granted to WP and to Kuenburg Graf Eberhard & Co. S.a.s in relation to the contents provided by Users are those necessary for the functioning and maintenance of the Platform.

7.5 Services provided by third parties 

Users can use the services or contents included on the Platform provided by third parties, but they must have previously read the Terms and Conditions of said third parties and accepted them.

In no circumstance may WP be held liable in relation to the correct functioning or availability, or both, of the services provided by third parties.

 7.6 Unauthorised use 

The Service must be used according to what is set out in the Terms. Users may not:

• reverse engineer, decompile, disassemble, modify, or create derivative works based on the Platform or any portion of it;
• bypass the computer systems used by WP or by its licensees to protect the content accessible through it;
• copy, store, modify, prepare derivative works or alter in any way the contents provided by Kuenburg Graf Eberhard & Co. S.a.s and/or WP;
• use any robot, spider, research application and/or retrieval of websites, or any other automatic device, process or means for access;
• retrieve, scrape, or index any portion of the Platform or its contents;
• rent, license or sub-license the Platform;
• defame, offend, harass, engage in threatening practices, threaten or otherwise violate the rights of others;
• disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content;
• illicitly take possession of the Account in use by another User;
• register or use the Service for the purpose of approaching other Users to promote, sell or advertise Products or services in any way through the Platform;
• use the Platform in any other improper way and/or such as to breach the Terms.

• COMMON PROVISIONS

8.1 No implied waiver

The failed exercise of legal rights or claims deriving from these Terms by WP and Kuenburg Graf Eberhard & Co. S.a.s does not imply their waiver. No waiver may be considered as definitive in relation to a specific right or any other right.

8.2 Interruption of the Service

To guarantee the best level of Service possible, the Owner reserves the right to interrupt the Service for the purpose of maintenance, system upgrading or for any other modification, suitably informing Users. Within legal limits, the Owner reserves the right to suspend or completely close the Service. In the event of termination of the Service, the Owner shall make every effort to ensure that Users can extract their personal data and information according to the provisions of the law. In addition, the Service may not be available for reasons beyond the reasonable control of the Owner, such as force majeure (e.g., strikes, infrastructural malfunctioning, blackouts, etc.).

 8.3 Resale of the Service 

Users are not authorised to reproduce, duplicate, copy, sell or exploit any portion of the Platform and its Services without the prior written permission of the Owner, guaranteed directly or through a specific resale program. The Owner and Kuenburg Graf Eberhard & Co. S.a.s do not permit the resale of the Service for commercial purposes.

 8.4 Privacy Policy

The data communicated by the User necessary for the performance of the Contract are processed in compliance with the provisions of Regulation (EU) UE 679/2016 and of Leg. Dec. 196/2003 as amended by Leg. Dec. 101/2018.

For information on the use pf personal data, Users should refer to Kuenburg Graf Eberhard & Co. S.a.s’s privacy policy available at the following link: www.shop.castelsallegg.it/it/eur/it/privacy-policy.html

 8.5 Intellectual property rights

All trademarks, figurative or nominative, and all other signs, brand names, service marks, word trademarks, trade names, illustrations, images, logos that appear regarding Kuenburg Graf Eberhard & Co. S.a.s are, and remain, the exclusive property of Kuenburg Graf Eberhard & Co. S.a.s or of its licensees and are protected by current trademark laws and relevant international treaties. WP uses these rights to fulfil the responsibilities described in these Terms and in full compliance with the agreements entered into with Kuenburg Graf Eberhard & Co. S.a.s.

All trademarks and all other fulfil signs, brand names, service marks, word trademarks, trade names, illustrations, images and logos regarding third parties and the contents published by third parties on the Platform are, and remain, the exclusive property and at the disposal of said third parties and of their licensees and are protected by current trademark laws and relevant international treaties. Neither WP nor Kuenburg Graf Eberhard & Co. S.a.s have ownership of such intellectual property rights and may, therefore, use them only within the limits and in compliance with the contracts entered into with said third parties and for the purposes therein described.

 8.6 Age requirements

Users declare to be of age according to their applicable legislation. Under no circumstances may children under the age of 13 use the Platform. As elsewhere specified, the sale of alcohol to minors under 18 (eighteen) years of age is prohibited.

 8.7 Transfer of the Contract 

The Owner reserves the right to transfer, assign, arrange for novation or sub-contract all or any of the rights or obligations deriving from these Terms, provided that the User's rights provided herein are not affected, without prejudice to the User’s entitlement to freely withdraw from the Contract. The User shall be promptly notified of any transfer. The User may not assign or transfer in any way their own rights or obligations pursuant to these Terms without the Owner’s written authorisation.

8.8 Communications and complaints 

All communications relating to Kuenburg Graf Eberhard & Co. S.a.s and WP must be sent using the contact details indicated in this Contract.

The User may address complaints to the e-mail address indicated in this document, including a brief description, their personal profile references and, if appropriate, the details of the Account in question.

The Owner and/or Kuenburg Graf Eberhard & Co. S.a.s (depending on the party to whom the complaint is addressed to and the relative responsibilities) will process each request without undue delay and within 20 (twenty) working days of receipt.

 8.9 Ineffectiveness and partial nullity

In the event a provision of these Terms should be or become void, invalid or ineffective, the Parties shall the Parties will endeavour to amicably find a valid and effective replacement provision for the void, invalid or ineffective one.

In the event of failed agreement in the above terms, if permitted or provided for by the applicable law, the void, invalid or ineffective provision shall be replaced according to the applicable legal framework.

Without prejudice to the above, the nullity, invalidity or ineffectiveness of a specific provision of these Terms shall not imply the nullity of the entire Agreement, unless the void, invalid or ineffective provisions in the framework of the Agreement are essential or of such importance that the Parties would not have entered into the Contract if they had known that the provision would have been invalid, that is, in cases in which the residual provisions would imply an excessive and unacceptable burden for one of the Parties.

The same applies in the case in which these Terms contain any legal vacuum.

• APPLICABLE LAW AND COMPETENT COURT

9.1 Applicable law 

These Terms and all disputes regarding the performance, interpretation and validity of this Contract are subject to the law and to the jurisdiction of the Italian State. 

With regards to any matters not regulated by these Terms, reference shall be made to the provisions regulating the provision of remote services applicable in the place where the Owner has its registered office.

 9.2 Competent Court

Any dispute that cannot be settled amicably shall be assigned to the jurisdiction of the Italian court and the exclusive competence of the Court of Milan.

The exclusive jurisdiction of the Consumer is an exception, if the law provides for it and the User can be qualified as such.

 9.3 Online platform for dispute resolution for Consumers

The European Commission has introduced an online platform for alternative dispute resolution that facilitates the out-of-court resolution of disputes relating to or deriving from online sales and services contracts.

As a result, any European Consumer may use this platform to resolve any dispute deriving from contracts entered into online. The platform is available here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT

9.4 Amicable settlement of disputes 

Users can report any disputes to the Owner, which will seek to settle amicably.

While Users’ right to bring legal action remains unaffected, in the case of disputes relating to use of the Platform or the Service, Users are invited to contact the Owner as per the contact details in this document.

The User may address a complaint to the owner’s e-mail indicated in this document, including a brief description and, if appropriate, details of the Account in question.

The Owner and/or Kuenburg Graf Eberhard & Co. S.a.s (depending on the party to which the complaint is addressed and the relative responsibilities) shall respond to every request without undue delay and within 20 (twenty) working days from receipt.

Last update: 26/05/2023