GENERAL TERMS AND CONDITIONS

SCOPE OF APPLICATION

The business relationship between VINOVUM Weinhandel OG ("VINOVUM"), Judengasse 5 - 7/14, 5020 Salzburg, Austria, as operator of the Internet address www.vinovum.com, www.ninainchianti.com, www.panzanowines.com and www.ninailofoten.com and the customer shall be governed exclusively by the following General Terms and Conditions ("GTC") in the version valid at the time of the order, including for future transactions. Deviating terms and conditions require the written consent of VINOVUM.

CONCLUSION OF CONTRACT

All offers made by VINOVUM are subject to change and non-binding with regard to the availability of the goods. By placing an order, the customer makes a binding contractual offer. VINOVUM shall confirm receipt of the order without delay. The confirmation of receipt with the wording "Thank you for your order in our online store" or similar does not constitute acceptance of the order. VINOVUM will then check the order. Should the review reveal that the order cannot be accepted or cannot be accepted in its entirety, VINOVUM shall inform the customer accordingly by e-mail. The contract shall only come into effect upon acceptance of the order by VINOVUM. Acceptance of the order shall be effected by the delivery notification by e-mail or, at the latest, by delivery of the goods. VINOVUM is entitled to limit the order to a normal household quantity. The bottle illustrations do not always correspond to the currently available vintages. VINOVUM reserves the right to deliver the respective subsequent vintage. If the customer's order is accepted by VINOVUM and the goods are dispatched, the customer will receive an e-mail stating "Status: Your goods have been dispatched". Before placing the order, the customer shall receive all information relevant to the conclusion of the contract and shall be informed that these GTC are an integral part of the contract. The customer shall receive written confirmation of this information together with a written copy of the GTC including express instructions on the right of withdrawal / right of revocation with the delivery of the goods.

DELIVERY/SHIPPING

The applicable shipping costs can be found at Shipping and payment conditionscan be viewed. The amounts stated can be updated unilaterally by VINOVUM at any time and become valid for future orders. VINOVUM packs the products ordered and in stock in special shipping boxes within 72 hours (Mon to Fri) and hands them over to one of its logistics partners (Austrian Post AG, DPD wine logistics). All shipments are insured against breakage or theft at no additional cost to the customer. The delivery times depend on the respective logistics partner of VINOVUM. Information on the delivery period is non-binding unless, in exceptional cases, the delivery date has been agreed in writing and is binding. VINOVUM accepts no responsibility for obstacles to delivery on the part of deliverers and producers.

REMUNERATION/PAYMENT CONDITIONS

All prices quoted include the respective statutory value added tax. The prices refer only to the goods themselves and do not include shipping costs. The customer does not incur any additional costs when ordering by means of distance communication. The purchase price is due at the latest upon delivery of the goods. In the case of payment on account, the purchase price is due within 14 days of receipt of the invoice. In the event of late payment, interest on arrears of 4%, or 9.2% points above the prime rate in the case of entrepreneurs, shall be deemed agreed. The customer undertakes to bear all costs associated with the collection of the claim, in particular lawyers' fees and collection expenses. Counterclaims may only be offset if they are legally related to the customer's liability, have been established by a court or have been expressly recognized by VINOVUM.

Possible payment methods

• Paypal: Secure and fast payments directly via your PayPal account.
• Credit card: We accept Visa, MasterCard and American Express
• Maestro: Debit card from MasterCard
• ApplePay
• GooglePay
• Instant bank transfer with Klarna.

Use of payment service providers (payment services)

Payment processing via Klara Sofortüberweisung

Payment processing via Paypal

Payment processing via Apple Pay

 

Payment processing via Google Pay

Customers can pay with Google Pay as part of the ordering process. To do so, the customer must confirm the payment via the "Google Pay" mobile app on a supported end device in compliance with verification steps. Google Pay uses the payment data stored by the customer in the app for the transaction. Further information can be found here:https://support.google.com/pay/merchants/answer/6345242?hl=de

 

RETENTION OF TITLE

The delivered goods remain the property of VINOVUM until full payment has been received.

RIGHT OF WITHDRAWAL

Consumers within the meaning of § 1 KSchG are entitled to the statutory right of withdrawal. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.

Cancellation policy
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, please send a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract to:

Letter: VINOVUM Weinhandel OG, Nina Tiefner, Judengasse 5 - 7,5020 Salzburg, Austria
E-mail: shop@ninainchianti.com
You can use the attached sample withdrawal form, but this is not mandatory.Link to the sample withdrawal form
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal
If you withdraw from this contract, VINOVUM shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which VINOVUM is informed about your decision to withdraw from this contract. For this repayment, VINOVUM will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

VINOVUM may refuse repayment until VINOVUM has received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to VINOVUM immediately and in any case no later than fourteen days from the day on which you inform VINOVUM of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

VINOVUM undertakes to participate in the arbitration procedure of the Internet Ombudsman in the event of disputes:www.ombudsmann.at (Internet Ombudsman - Association for the Promotion of Extrajudicial Dispute Resolution on the Internet, c/o ÖIAT (Austrian Institute for Applied Telecommunications), Margaretenstraße 70/2/10, 1050 Vienna; Tel: +43 1 595 211 275, Fax: +43 1 595 211 299, E-Mail: kontakt@ombudsmann.at, Web:www.ombudsmann.atUID: ATU 49875407, ZVR number: 763634009, DVR (ÖIAT): 0942758). Further information on the types of proceedings can be found at www.ombudsmann.at or in the respective procedural guidelines: Procedural guidelines of the Internet Ombudsman for alternative dispute resolution under the AStG (AStG conciliation proceedings)http://www.ombudsmann.at/media/file/67.Richtlinien_Internet_Ombudsmann_AStGVerfahren.pdf.

WARRANTY

Warranty claims are governed by the statutory provisions.

If goods delivered by VINOVUM are defective, the customer shall be entitled to demand replacement or improvement. If VINOVUM is unable to rectify the defect or supply a replacement, or if this is delayed beyond a reasonable period, the customer shall be entitled, at his discretion, to withdraw from the contract or to demand a corresponding reduction in the purchase price. Obvious defects must be reported to VINOVUM immediately in writing (by e-mail is sufficient), otherwise the assertion of warranty claims is excluded. VINOVUM does not assume any warranty beyond the statutory warranty provisions. Differences / deviations in quality, color or taste that are customary in the trade or due to the nature of the product do not constitute warranty defects. VINOVUM shall not be liable for conformity in terms of taste, color and material or other characteristics of conformity of reordered goods. VINOVUM is also not liable for defects that occur due to incorrect storage of the goods.

Wines with a cork taste cannot be replaced. The crystallization of tartar is a natural process and not a reason for complaint.

Glass breakage
If the customer discovers that one or more bottles of his order have broken, he must inform VINOVUM immediately (within 6 days at the latest) in writing (by e-mail to nina@ninainchianti.com). The customer must provide the following information for claims processing:

- Information on when he received the order

- Details of how many bottles were broken and what was damaged

- Photos/photographs of the outer packaging and inner packaging of the goods.

VINOVUM asks the customer to keep the goods for possible inspection (only for delivery by DPD wine logistics)

LIMITATIONS OF LIABILITY

VINOVUM shall only be liable for damages in the event of intent or gross negligence. Liability for slight negligence, compensation for consequential damages, financial losses, unrealized savings, loss of interest and damages arising from third-party claims against the customer are excluded.

In particular, VINOVUM shall not be liable for damages resulting from the misuse or unauthorized use of the customer's password.

VINOVUM shall only be liable for its own content on its websites www.vinovum.com, www.chianticlassicowines.com and www.panzanowines.com. Insofar as VINOVUM provides access to other websites via links, VINOVUM is not responsible for the third-party content contained therein.

VINOVUM does not adopt third-party content as its own and will immediately block access to these websites as soon as it becomes aware of illegal content on external websites.

PROTECTION OF MINORS

The customer warrants to VINOVUM that he is over 18 years of age at the time of ordering. VINOVUM's delivery staff are legally obliged to hand over alcoholic beverages only to persons over the age of 18 and must request photo identification in case of doubt.

DATA PROTECTION

Privacy policy

VINOVUM processes your personal data exclusively in accordance with the provisions of the General Data Protection Regulation (GDPR) and the Data Protection Act. In the following, VINOVUM informs you about itself and the type, scope and purpose of data collection and use:

Who VINOVUM is

Nina Tiefner is responsible for data processing. You can reach Nina Tiefner at

VINOVUM Weinhandel OG
Judengasse 5 - 7
5020 Salzburg
Austria
Email: nina@ninainchianti.com

Collection and processing of data

VINOVUM processes the personal data that you provide to VINOVUM as a user of the website and/or as a customer, for example in the context of an inquiry or registration or to conclude a contract, such as inventory data, contact data, content data, contract data, usage data and meta/communication data. The data processing takes place for the provision of the online offer, its content and customer care, for the fulfillment and processing of your order and for marketing, advertising and market research. As a user of the website and/or customer, VINOVUM would like to provide you with up-to-date and targeted information about new products and offers, promotions and about VINOVUM itself ("Nina in Chianti").

In order to fulfill the contract, the data required for the delivery and the shipping company commissioned with the delivery will be passed on. In order to process payments, we pass on the necessary data to the payment service you selected during the ordering process.

The legal basis for data processing is: Consent pursuant to Art. 6 para. 1 lit. a GDPR in the context of registration

Data storage

VINOVUM stores the following data for the purpose of simplifying the purchasing process and for the purpose of contract processing: Title, name, billing or delivery address, date of birth, telephone number. The data provided by you is required to fulfill the contract or to carry out pre-contractual measures. Without this data, VINOVUM cannot conclude the contract with you.

Security measures

We take appropriate technical and organizational measures in accordance with Art. 32 GDPR, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing as well as the different likelihood and severity of the risk to the rights and freedoms of natural persons, in order to ensure a level of protection appropriate to the risk.

Use and disclosure of personal data

If you have provided VINOVUM with personal data as a user of the website and/or customer, VINOVUM will only use this data to respond to your inquiries, to process contracts and for technical administration.

Personal data will only be passed on or transmitted by VINOVUM to third parties if this is necessary for the purpose of contract processing or for billing purposes, or if you as a user of the website and/or customer have given your prior consent. As a user of the website and/or customer, you have the right to revoke your consent at any time with effect for the future.

The stored personal data will be deleted if you as a user of the website and/or customer revoke your consent to storage, if your data is no longer required to fulfill the purpose for which it was stored, or if its storage is or becomes inadmissible for other legal reasons. Data for billing and accounting purposes are not affected by a request for deletion.

Information, correction, deletion

Upon written request, VINOVUM will be happy to inform you at any time about the personal data stored about you. Please address your request to Nina Tiefner, nina@ninainchianti.com, VINOVUM Weinhandel OG, Judengasse 5 - 7, 5020 Salzburg, Austria.

If your data processed by VINOVUM is incorrect, please inform VINOVUM. VINOVUM will correct it immediately and inform you accordingly.

In the event that you no longer wish your data to be processed by VINOVUM, VINOVUM asks you to inform us informally by e-mail at nina@ninainchianti.com. VINOVUM will of course delete your data immediately and inform you accordingly. If there are compelling legal reasons for not deleting your data, VINOVUM will inform you immediately.

Cookies

The VINOVUM website uses cookies. Cookies are small text files that are sent when a website is visited and are temporarily stored on the hard disk of the website user and/or customer. If the corresponding server of the VINOVUM website is called up again by the user of the website and/or customer, the browser of the user of the website and/or customer sends the previously received cookie back to the server. The server can then evaluate the information received through this procedure in various ways. Cookies can be used, for example, to control the display of advertisements or to facilitate navigation on a website. If the user of the website and/or customer wishes to prevent the use of cookies, he can do so by making local changes to his settings in the Internet browser used on his computer, i.e. the program for opening and displaying Internet pages (e.g. Internet Explorer, Mozilla Firefox, Opera or Safari).

Google/Google Analytics
VINOVUM uses the web analysis service Google Analytics, a web analysis service of Google Inc. Google Analytics uses so-called "cookies", text files which are stored on the customer's computer and which enable Google to analyze the use of the website. The information generated by the cookie about the use of this website (including the customer's IP address) is transmitted anonymously to a Google server in the USA and stored there. Google will use this information for the purpose of evaluating the customer's use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage.

Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate the user's IP address with any other data held by Google. The installation of cookies can be prevented by setting the browser software accordingly; however, VINOVUM would like to point out that in this case not all functions of this website can be used to their full extent.

By using this website, the customer agrees to the processing of the data collected about them by Google in the manner described above and for the aforementioned purpose.

Use of Facebook, Google+, Twitter and Instagram plugins
The VINOVUM website uses so-called social plugins ("plugins") from the social networks Facebook and Google+, the microblogging services Twitter and Instagram. These services are offered by the companies Facebook Inc, Google Inc, Twitter Inc and Instagram LLC ("providers").

Facebook is operated by Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). An overview of the Facebook plugins and their appearance can be found here: https://developers.facebook.com/docs/plugins

Google+ is operated by Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). An overview of the Google plugins and their appearance can be found here: https://developers.google.com/+/web/

Twitter is operated by Twitter Inc, 1355 Market St, Suite 900, San Francisco, CA 94103, USA ("Twitter"). An overview of the Twitter buttons and their appearance can be found here: https://twitter.com/about/resources/buttons

Instagram is operated by Instagram LLC, 1601 Willow Road, Menlo Park, CA 94025, USA ("Instagram"). An overview of the Instagram buttons and their appearance can be found here: http://blog.instagram.com/post/36222022872/introducing-instagram-badges

Pinterest ("Pin-it" button)
We use the Pinterest social network of Pinterest Ing, 808 Brannan, St, San Francisco, CA 94103, USA (hereinafter referred to as "Pinterest"). By clicking the "Pin-it" button, Pinterest receives the information that you have accessed the corresponding page of our website. If you are logged in to Pinterest, Pinterest can assign the visit to your Pinterest account. The data transmitted by clicking the "Pin-it" button is stored by Pinterest in the USA. If you do not agree to this, you must log out of your Pinterest account before clicking the "Pin-it" button.

The scope and purpose of the data collection and the further processing and use of the data by Pinterest, as well as your corresponding rights and design rights to protect your privacy, please refer to Pinterest's data protection information at https://policy.pinterest.com/de/privacy-policy.

When you access a page of the VINOVUM website that contains such a plugin, your browser establishes a direct connection to the servers of Facebook, Google, Twitter or Instagram. The content of the plugin is transmitted directly to your browser by the respective provider and integrated into the page. By integrating the plugins, the providers receive the information that your browser has accessed the corresponding page of the VINOVUM website, even if you do not have a profile or are not currently logged in. This information (including your IP address) is transmitted directly from your browser to a server of the respective provider in the USA and stored there.

If you are logged in to one of the services, the providers can directly associate your visit to the VINOVUM website with your profile on Facebook, Google+, Twitter or Instagram. If you interact with the plugins, for example by clicking the "Like", "+1", "Tweet" or "Instagram" button, the corresponding information is also transmitted directly to a server of the provider and stored there. The information is also published on the social network, on your Twitter or Instagram account and displayed there to your contacts. The purpose and scope of the data collection and the further processing and use of the data by the providers as well as your rights in this regard and setting options to protect your privacy can be found in the providers' data protection notices.

Data protection information from Facebook: http://www.facebook.com/policy.php
Data protection information from Google: http://www.google.com/intl/de/+/policy/+1button.html
Data protection information from Twitter: https://twitter.com/privacy
Data protection information from Instagram https://help.instagram.com/155833707900388/

If you do not want Google, Facebook, Twitter or Instagram to assign the data collected via the VINOVUM website directly to your profile in the respective service, you must log out of the respective service before visiting the VINOVUM website. You can also completely prevent the plugins from loading with add-ons for your browser, e.g. with the script blocker "NoScript" (http://noscript.net/).

APPLICABLE LAW AND PLACE OF JURISDICTION, OTHER PROVISIONS

Austrian law shall apply unless the mandatory provisions of the law of the country in which the customer is resident take precedence. For disputes arising from or in connection with this contract, the jurisdiction of the court with local and subject-matter jurisdiction for 5020 Salzburg shall be deemed agreed. For customers who are consumers, this agreement shall only apply if they have their place of residence, habitual abode or place of employment in this jurisdiction or if they live abroad. Should individual provisions of the contract or these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.