Terms & Conditions
OVERVIEW
This website is operated by GoNature Wines, a registered trademark of Forte Events GmbH. Throughout the site, the terms “we”, “us” and “our” refer to GoNature Wines. GoNature Wines offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.
If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS, ORDER AND DELIVERY
By agreeing to these Terms of Service, you represent that you are at least the age of 18.
You are obliged to ensure that only you or persons of legal age authorized by you the delivery of the goods. Upon delivery, the commissioned logistics service provider is entitled to request proof of age.
If persons who are not of legal age initiate orders, we hereby revoke the contract as a precautionary measure in accordance with the Austrian Civil Code. The persons of legal age who are authorized to care for or represent minors who place orders with incorrect information are liable for all damage arising from orders made under incorrect information.
All prices are in EURO and include the statutory VAT. The price at the time of the order applies.
In our shop we offer the payment methods Sofort (Klarna, eps-Überweisung), Paypal, credit card (Mastercard, Visa, American Express), Apple Pay, Google Pay and Shop Pay. With every order, we reserve the right not to offer certain payment methods and to refer to other payment methods. You will receive further information after selecting the payment method during the ordering process.
Terms & Conditions Klarna Austria
Terms & Conditions Klarna Germany
The delivery takes place against the packaging and shipping costs specified when ordering online. Delivery is by mail. You can find out more in the FAQs.
The shipment of the products within the European Economic Area ("EEA") shall take place within five working days from the conclusion of the contract. If we are prevented from meeting the delivery deadline due to force majeure (e.g. natural disasters, war or epidemics) or delivery bottlenecks of third party suppliers, we shall inform you of this as soon as possible. In such cases, the delivery period shall be extended by the duration of the events.
Our packaging is insured in case of breakage, theft or loss but, if you receive one or more damaged bottles at your address, or the package is visibly damaged or stained by the spill of wine, reject it to the sender (you can take a photo and send it to us by email to info@gonaturewines.com with the description of the damage to allow us to verify the problem), we will take care of returning the package damaged, to replace it and send you the new one. In the event that damaged products are out of stock, we will contact you to offer you replacement products or alternatively we will refund you the amount you paid. The consumer is required to check the integrity of each package at the moment of delivery.
If a package is sent back to you have provided a wrong address, you are the one to bear the delivery costs. This means that you can either have us resend the wines to a new address and you pay a new delivery fee, or we can refund your purchase minus the original delivery cost.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case- by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Our liability for slight negligence is excluded. The liability is limited to the amount of damages typically foreseeable at the time of conclusion of the contract.
This limitation of liability shall not apply with regard to personal injury or for damages under the Product Liability Act.
Transport damages must be reported to us and, if applicable, to the forwarding agent without delay.
We shall not be liable to companies for loss of profit.
We do not offer any warranty that the photos published in the goods store are identical to the goods actually delivered. The photos and labels are made by the respective manufacturers of the goods and the contractor is not liable for them.
The risk of loss of or damage to the goods shall pass to you as Customer (only then) when you or a third party authorized by you to receive the goods (who is not the carrier) has taken possession of the goods.
If one or more wines are corked, you can send an e-mail to info@gonaturewines.com containing: order number and indication of the quantity of products affected by the cork scent. Subsequently, you will have to send to our office the bottles deemed defective with at least 2/3 of the wine bottle content and with the original cap. Upon receipt of the bottles we will proceed to verify the reported defect and, if it is confirmed, we will give you an equivalent discount voucher or replace it, provided you notify us within 6 months of purchase. The only wines for which replacement is not possible are the ones from the ”rarity” collection and vintages prior to the current one. In case of doubts contact us.
Our portfolio includes natural wines, which can differ greatly from conventional wines. The aromas may appear very unfamiliar to inexperienced wine drinkers. Smells & flavors like “bread”, “stable” or “vinegar” are all possible. Natural wines can also be cloudy.
These are properties that are part of it and are not a reason for us to complain about the wines.
Since natural wines are free from intervention in the cellar, climate can impact significantly enough to cause different vintages from the same vineyard to vary dramatically in flavor and quality. Thus, vintage wines are produced to be individually characteristic of the particular vintage and to serve as the flagship wines of the producer.
Due to the inconsistency of natural wines in general, all sales of wines on this site are final and opened wines cannot be returned.
According to the new regulation of the European Consumer Rights Directive, your right of withdrawal ends automatically at the latest 12 months and 14 days after you have received the goods, which means that complaints about cork purchases made before this point in time are legally binding. Please understand that we do not replace bottles that were purchased from us more than six months ago.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold us harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
The exclusive place of jurisdiction is Vienna.
Responsible is HANDELSVERBAND Association of Austrian Trading Companies, Alser Straße 45, 1080 Vienna, Austria,
https://www.handelsverband.at/trustmark-austria/ombudsstelle/.
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially settle disputes in connection with their online order without going to court. The dispute settlement platform can be reached via the external link http://ec.europa.eu/consumers/odr/.
We endeavor to settle any differences of opinion arising from our contract by mutual agreement. In addition, we are not obliged to participate in an arbitration procedure and unfortunately cannot offer you participation in such a procedure.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Forte Events GmbH
Ungargasse 37
Vienna 1030
Austria