Terms of service

OVERVIEW

Welcome to Weingut Thomas Niedermayr! The terms “we”, “us” and “our” refer to Weingut Thomas Niedermayr. Weingut Thomas Niedermayr operates this shop and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a personalised shopping experience (the “Services”). Weingut Thomas Niedermayr is hosted on Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with the policies referenced herein (these “Terms and Conditions” or “Terms”), describe your rights and obligations when you use the Services.

Please read these Terms carefully, as they contain important information about your legal rights and address matters such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you may not access or use our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are of legal age in your country, state or region of residence, or that you have given us your consent to allow any of your minor dependents to use the Services on devices owned, purchased or managed by you.

To use the Services — including browsing our online shop or purchasing products or services — you may be required to provide certain information, such as your email address and billing, payment and shipping details. You represent and warrant that all information you provide is accurate, current and complete, and that you are fully authorised to provide such information.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to display our products and services as accurately as possible in our online shop. However, we cannot guarantee that colours or appearances displayed on your device accurately reflect the actual product, as this may vary depending on your device and its settings.

We do not warrant that the appearance or quality of any products or services purchased will meet your expectations or match the representations shown in our online shop.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit quantities offered to any person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

By placing an order, you submit an offer to purchase. Weingut Thomas Niedermayr reserves the right to accept or reject any order at its sole discretion and for any reason. An order is only deemed accepted once confirmed by Weingut Thomas Niedermayr. Acceptance of an order is subject to receipt and processing of payment.

Please review your order carefully before submitting it, as we may not be able to accommodate cancellation requests once an order has been accepted. If we are unable to accept, modify or cancel an order, we will attempt to notify you using the email address, billing address and/or phone number provided at checkout.

By completing an order, you confirm that you have reached the legal minimum age required to purchase alcohol (18 years) and that all information provided is truthful and accurate. You are liable for any consequences arising from false declarations regarding age and indemnify the provider against third-party claims. We reserve the right to verify age and to refuse orders if there are reasonable doubts regarding legal age.

Returns or exchanges are governed exclusively by our Right of Withdrawal policy.

You further represent and warrant that your purchases are for personal or household use only and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be confirmed in the order confirmation email. Unless expressly stated otherwise, prices do not include taxes, shipping, handling, customs or import fees.

Prices shown in our online shop may differ from prices in physical retail locations or third-party online shops. From time to time, we may offer promotional pricing subject to separate terms, which will prevail in case of conflict with these Terms.

You agree to provide accurate, complete and current purchase and account information for all transactions. You agree to promptly update your account details, including email address and payment information, so that we can complete transactions and contact you as needed.

You represent and warrant that:
(i) the payment information you provide is accurate and complete;
(ii) you are authorised to use the payment method provided;
(iii) charges incurred will be honoured by your payment provider; and
(iv) you will pay all charges incurred, including applicable shipping, handling and taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for shipping or delivery delays. All delivery times are estimates only and not guaranteed. We are not liable for delays caused by shipping carriers, customs processing or events beyond our control. Ownership and risk of loss pass to you once the products are handed over to the carrier.

SECTION 6 – INTELLECTUAL PROPERTY

All Services — including but not limited to trademarks, trade names, texts, displays, images, graphics, reviews, video and audio files, and their design, selection and arrangement — are the property of Weingut Thomas Niedermayr, its affiliates or licensors and are protected by international intellectual property laws.

These Terms grant you a limited, non-commercial licence to use the Services for personal purposes only. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent.

Nothing in these Terms grants you any rights or licences to our intellectual property or that of Shopify or third parties. All rights not expressly granted are reserved by Weingut Thomas Niedermayr.

The name, logo, product and service names, designs and slogans of Weingut Thomas Niedermayr are trademarks of Weingut Thomas Niedermayr. Shopify and its related marks are trademarks of Shopify. All other marks appearing on the Services belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools over which we have no control or input. Such tools are provided “as is” and “as available,” without warranties or endorsements of any kind.

Your use of optional third-party tools is entirely at your own risk and discretion. You are responsible for reviewing and accepting the terms under which such tools are provided by third parties.

Future features or services added to the Services shall also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links or materials provided by third parties. We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites.

Accessing third-party websites is done at your own risk. We are not liable for any damage or loss resulting from your use of third-party products, services or content. Any complaints or claims regarding third-party products or services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[MERCHANT NOTICE: This section accurately defines Shopify’s relationship with your shop and must not be removed or modified.]

Weingut Thomas Niedermayr is operated using Shopify, which provides the technical infrastructure for the Services. All transactions, however, are concluded directly between you and Weingut Thomas Niedermayr. By using the Services, you acknowledge that Shopify bears no responsibility for any aspect of transactions between you and Weingut Thomas Niedermayr, including any injuries, damages or losses arising from purchased products or services.

SECTION 10 – PRIVACY POLICY

All personal data collected through the Services is governed by our Privacy Policy [https://shop.thomas-niedermayr.com/en/policies/privacy-policy]. Certain personal data may also be subject to Shopify’s Privacy Policy. By using the Services, you confirm that you have read and understood these policies.

As the Services are hosted by Shopify, Shopify processes personal data related to your access and use of the Services in order to provide and improve them. Data may be transferred to third parties or stored in countries other than your country of residence. Further details are available in our Privacy Policy.

SECTION 11 – FEEDBACK

If you submit comments, ideas, suggestions, reviews or other content (“Feedback”), you grant us a perpetual, worldwide, royalty-free, sublicensable licence to use, reproduce, modify, publish and distribute such Feedback for any purpose.

You represent that you own or have the rights to the Feedback, that you have disclosed any compensation received for submitting it, and that it complies with these Terms. We are not obligated to keep Feedback confidential, compensate you for it, or respond to it.

We reserve the right to remove Feedback that we consider unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates intellectual property rights or these Terms.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery times or availability. We reserve the right to correct such errors and to change or cancel orders at any time without prior notice, including after an order has been submitted.

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes. You may not use the Services to violate laws, infringe intellectual property rights, harass or harm others, provide false information, transmit spam, impersonate others, upload malicious code, collect personal data unlawfully, or interfere with security features.

We reserve the right to suspend or terminate your access if you violate any part of these Terms.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services at any time without notice. You remain liable for all amounts due up to the termination date.

Sections relating to intellectual property, feedback, disclaimers, limitation of liability, indemnification and governing law shall survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

Information provided through the Services is for general informational purposes only. Use of the Services is at your own risk.

Unless expressly stated, the Services and products are provided “as is” and “as available” without warranties of any kind. We do not guarantee uninterrupted, timely or error-free use.

Some jurisdictions do not allow limitations on implied warranties; therefore, certain disclaimers may not apply to you.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, Weingut Thomas Niedermayr and its partners, affiliates and service providers shall not be liable for any direct or indirect damages, including loss of profits, data or revenue, arising from your use of the Services or products.

SECTION 17 – INDEMNIFICATION

You agree to indemnify and hold harmless Weingut Thomas Niedermayr, Shopify and their affiliates against any claims or losses arising from your breach of these Terms, violation of law or misuse of the Services.

SECTION 18 – SEVERABILITY

If any provision of these Terms is found unlawful or unenforceable, it shall be severed without affecting the validity of the remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Failure to enforce any right does not constitute a waiver. These Terms constitute the entire agreement between you and us and supersede all prior agreements.

SECTION 20 – ASSIGNMENT

You may not assign these Terms without our consent. We may assign these Terms without notice.

SECTION 21 – GOVERNING LAW

These Terms are governed by the laws of the country in which Weingut Thomas Niedermayr has its registered office. You consent to the jurisdiction of the competent courts.

SECTION 22 – HEADINGS

Headings are for convenience only and do not affect interpretation.

SECTION 23 – CHANGES TO TERMS

You can review the most current version of the Terms at any time on this page. We reserve the right to update these Terms. Continued use of the Services constitutes acceptance of any changes.

SECTION 24 – CONTACT INFORMATION

Questions about the Terms should be sent to info@thomas-niedermayr.com

Hof Gandberg des Thomas Niedermayr 
Schulthauserweg 1
39057 Eppan an der Weinstraße (BZ), Italy
Phone: +39 340 824 2495
VAT No.: IT 02781480211
Business ID: NDRTMS86R31A952X