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Donatsch

Owner Thomas Donatsch
Sternengasse 6
7208 Malans
Switzerland

Contact: info@donatsch-malans.ch
Company number: CHE-102.879.195 (according to commercial register)
VAT no. CHE-112.324.711 VAT

 

Information on this website
This website contains information about products. Prices and other information are subject to change without notice. All information on this website (product descriptions, illustrations, films, weights, technical specifications and other information) are to be understood as approximate values only and in particular do not represent any assurance of properties or guarantees, unless explicitly stated otherwise. Donatsch makes every effort to ensure that all details and information on this website are correct, complete, up-to-date and clearly laid out, but Donatsch can give no guarantee, either expressly or implicitly.

Donatsch cannot give any guarantee that the products listed on this website can be delivered. Therefore, all information on products is without guarantee and subject to change at any time without notice.
 

Disclaimer
Donatsch does not guarantee the correctness, accuracy, timeliness, reliability or completeness of the information.

Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected.

All offers are non-binding. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by Donatsch without separate announcement.
 

Liability for links
References and links to third party websites are outside our area of responsibility. We decline any responsibility for such websites. Access to and use of such websites is at the user's own risk.
 

Copyright
The copyright and all other rights to the content, images, photos or other files on the website belong exclusively to Donatsch or to the specifically named rights holders. The written consent of the copyright holders must be obtained in advance for the reproduction of any elements.
 

 

PRIVACY POLICY

Weingut Donatsch, owner Thomas Donatsch, Sternengasse 6, CH-7708 Malans, company number CHE-102.879.195 (Commercial Register of the Canton of Grisons) is the operator of the website www.donatsch-malans.ch and is therefore responsible for the collection, processing and use of your personal data and the compatibility of the data processing with the applicable law.

Your trust is important to us. We take the issue of data protection seriously and ensure appropriate security. Of course, we comply with the legal provisions of the Federal Data Protection Act (FADP), the Ordinance to the Federal Data Protection Act (FADP), the Telecommunications Act (TCA) and, where applicable, other data protection provisions, in particular the General Data Protection Regulation of the European Union (GDPR).

To help you understand what personal information we collect from you and for what purposes we use it, please review the information below.

 

1. Principles of data processing on www.donatsch-malans.ch

 

The personal data collected on the website www.donatsch-malans.ch

a) are processed lawfully, fairly and in a manner that is comprehensible to the data subject

.

b) will be used solely for the implementation and execution of the services and offers provided on the website and will not be further processed in any way incompatible with this purpose under any circumstances.

c) which are inaccurate with regard to the purposes of their processing shall be deleted or corrected without delay.

d) Are stored only as long as necessary for the purposes for which they are processed.

e) are processed in a manner that ensures appropriate security, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage.

 

2. Lawfulness of data processing

 

By viewing the website www.donatsch-malans.ch, the user gives his consent to the processing of personal data concerning him, especially since this may also be assumed to be in the user's overriding interest.

The user has the right to revoke his consent at any time (by e-mail at info@donatsch-malans.ch). The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

 

3. Scope and purpose of the collection, processing and use of personal data

 

a) When visiting www.donatsch-malans.ch

When you visit www.donatsch-malans.ch, our servers temporarily store every access in a log file. The following data is collected without your intervention and stored until automatic deletion after twelve months at the latest:

  • the IP address of the requesting computer,

  • the date and time of access,

  • the name and URL of the retrieved file,

  • the website from which the access was made,

  • the operating system of your computer and the browser you are using,

  • the country from which you have accessed and the language settings on your browser,

  • the name of your Internet access provider.

 

This data is collected and processed for the purpose of enabling the use of our website (connection establishment), ensuring system security and stability, and enabling the optimization of our Internet offering, as well as for internal statistical purposes. In particular, the IP address is used to record the country of residence of the website visitor and to preset the language of the website accordingly. Furthermore, the IP address is evaluated in the event of attacks on the network infrastructure of www.donatsch-malans.ch and for statistical purposes.

In addition, when you visit our website, we use so-called pixels and cookies to display personalized advertising and to use web analytics services.

b) When using our contact form

You have the possibility to use a contact form to get in touch with us. The entry of the following personal data has to be made:

  • Salutation,

  • First and last name,

  • Address (street, house number, postal code, city),

  • Phone number and

  • E-mail address.

 

Failure to provide this information may hinder the delivery of our services.

We use this data only to be able to answer your contact request in the best possible and personalized way. You can object to this data processing at any time and request that we delete your data (by e-mail at info@donatsch-malans.ch).

c) When registering for our newsletter

On our website you have the possibility to subscribe to our newsletter. Registration is required for this. The following data must be provided as part of the registration:

  • Salutation,

  • First and last name,

  • Address (street, house number, postal code, city),

  • Phone number and

  • E-mail address.

 

The above data are necessary for data processing. We process this data exclusively in order to personalize the information and offers sent to you and to better align them with your interests.

By registering, you give us your consent to process the data provided for the regular dispatch of the newsletter to the address you have provided and for the statistical evaluation of usage behavior and the optimization of the newsletter. This consent constitutes our legal basis for the processing of your e-mail address within the meaning of Art. 6 (1) lit. a DSGVO. We are entitled to commission third parties with the technical processing of advertising measures and are entitled to pass on your data for this purpose.

At the end of each newsletter you will find a link that allows you to unsubscribe at any time. As part of the unsubscription, you can voluntarily inform us of the reason for the unsubscription. After unsubscribing, your personal data will be deleted. Further processing only takes place in anonymized form for the optimization of our newsletter.

The newsletter is sent via "WIX", the provider WIX, Tel Aviv-Jaffa, Israel, www.wix.com. You can view the data protection provisions of WIX here: https://de.wix.com/about/privacy. WIX is used on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f DSGVO and a contract processing agreement pursuant to Art. 28 para. 3 p. 1 DSGVO.

The dispatch service provider may use the data of the recipients in pseudonymous form, i.e. without assignment to a user, to optimize or improve its own services, e.g. to technically optimize the dispatch and presentation of the newsletter or for statistical purposes. However, the dispatch service provider does not use the data of our newsletter recipients to write to them itself or to pass the data on to third parties.

The data you provide for the purpose of receiving the newsletter will be stored by us until you unsubscribe from the newsletter and will be deleted from our servers as well as from the servers of the respective newsletter service provider after you unsubscribe from the newsletter. Data that has been stored by us for other purposes (e.g. e-mail addresses for the member area) remains unaffected by this.

We use third-party email marketing services to send our newsletter. Our newsletter may therefore contain a so-called web beacon (tracking pixel) or similar technical means. A web beacon is a 1x1 pixel, invisible graphic that is associated with the user ID of the respective newsletter subscriber.

The recourse to corresponding services enables the evaluation of whether the e-mails with our newsletter were opened. In addition, this also allows the click behavior of newsletter recipients to be recorded and evaluated. We use this data for statistical purposes and to optimize the newsletter in terms of content and structure. This enables us to better tailor the information and offers in our newsletter to the individual interests of the respective recipient. The tracking pixel is deleted when you delete the newsletter.

To prevent tracking pixels in our newsletter, please set your mail program to not display HTML in messages.

d) Registration for pre-orders

You have the possibility on our website to register for pre-orders For this purpose the following data have to be given:

  • Salutation,

  • First and last name,

  • Address (street, house number, postal code, city),

  • Phone number and

  • E-mail address.

 

The above data are necessary for data processing. We process this data exclusively to process your pre-order.

By registering, you give us your consent to process the data provided. This consent constitutes our legal basis for the processing of your data in the sense of Art. 6 (1) lit. a DSGVO. We are entitled to commission third parties with the technical processing of pre-orders and are entitled to pass on your data for this purpose.

You can revoke your consent to the processing of your data at any time (at info@donatsch-malans.ch). After revocation, your personal data will be deleted.

 

4. Integration of third-party services and content

 

It may happen that content or services from third-party providers, such as city maps or fonts from other websites, are integrated within our online offer. The integration of content from third-party providers always requires that the third-party providers perceive the IP address of the user, since without the IP address they could not send the content to the user's browser. The IP address is thus required for the display of this content. Furthermore, the providers of the third-party content can set their own cookies and process the users' data for their own purposes. In doing so, user profiles can be created from the processed data. We will use this content in a data-saving and data-avoiding manner as far as possible and select reliable third-party providers with regard to data security.

The following presentation provides an overview of third-party providers and their content, along with links to their privacy statements, which contain further information on the processing of data and, in part already mentioned here, opt-out options:

External fonts from Google, Inc., https://www.google.com/fonts ("Google Fonts"). The integration of Google Fonts is done by a server call at Google (usually in the USA). Privacy policy: https://www.google.com/policies/privacy/,
Opt-Out: https://www.google.com/settings/ads/.

Maps of the service "Google Maps" of the third-party provider Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. By visiting the website, Google receives the information that you have called up the corresponding sub-page of our website. This occurs regardless of whether Google provides a user account through which you are logged in or whether no user account exists. If you are logged in to Google, your data will be directly assigned to your account. If you do not want the assignment with your profile at Google, you must log out before activating the button. Google stores your data as usage profiles and uses them for the purposes of advertising, market research and/or demand-oriented design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right. For more information on the purpose and scope of data collection and processing by Google, as well as further information on your rights in this regard and settings options for protecting your privacy, please visit https://www.google.com/policies/privacy/,

Opt-Out: https://www.google.com/settings/ads/.

Videos from the "YouTube" platform of the third-party provider Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy policy: https://www.google.com/policies/privacy/, Opt-Out: https://www.google.com/settings/ads/.

 

5. Disclosure of data to third parties

 

We will only pass on your personal data if you have expressly consented to this, if there is a legal obligation to do so or if this is necessary to enforce our rights, in particular to enforce claims arising from the relationship between you and us.

In addition, we pass on your data to third parties insofar as this is necessary in the context of the use of the website for the provision of the services requested by you as well as the analysis of your user behavior. Insofar as this is necessary for the purposes mentioned in sentence 1, the transfer may also take place abroad. If the website contains links to third-party websites, we no longer have any influence on the collection, processing, storage or use of personal data by the third party after clicking on these links and accept no responsibility for this.

 

6. Transfer of personal data abroad

 

We are also entitled to transfer your personal data to third companies (contracted service providers) abroad, insofar as this is necessary for the data processing described in this privacy policy. These are obligated to data protection to the same extent as we ourselves. If the level of data protection in a country does not correspond to that in Switzerland or the European Union, we will ensure by contract that the protection of your personal data corresponds to that in Switzerland or the EU at all times.

 

7. Data security

 

We use appropriate technical and organizational security measures to protect your personal data stored with us against manipulation, partial or complete loss and against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.

You should always keep your payment information confidential and close the browser window when you have finished communicating with us, especially if you share the computer with others.

We also take internal data protection very seriously. Our employees and the service companies commissioned by us have been obligated by us to maintain confidentiality and to comply with the provisions of data protection law.

 

8. Cookies

 

Cookies help in many aspects to make your visit to our website easier, more pleasant and more meaningful. Cookies are information files that your web browser automatically stores on your computer's hard drive when you visit our website. Cookies do not damage your computer's hard drive, nor do they transmit users' personal information to us.

We use cookies, for example, to better tailor the information, offers and advertising displayed to you to your individual interests. Their use does not result in us obtaining new personal data about you as an online visitor. Most Internet browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or a message always appears when you receive a new cookie.

Disabling cookies may prevent you from using all the features of our website.

9. Data transmission security without SSL

 

Data transmitted over an open network such as the Internet or an e-mail service without SSL encryption can be viewed by anyone. You can recognize an unencrypted connection by the fact that the address bar of the browser shows "http://" and no lock symbol is displayed in your browser bar. Information transmitted over the Internet and content received online may be transmitted over third-party networks. We cannot guarantee the confidentiality of any communications or materials transmitted over such open or third-party networks.

If you disclose personal information over an open network or third-party networks, you should be aware that your information may be lost or potentially accessed by third parties and, consequently, the data may be collected and used without your consent.

Despite extensive technical and organizational security precautions, it is possible that data may be lost or intercepted and/or manipulated by unauthorized persons. It is the responsibility of the user to inform himself about the necessary security precautions and to take appropriate measures in this regard. As website operator, we are in no way liable for any damages that you may incur as a result of data loss or manipulation.

 

10. Tracking tools

 

On our website we use so-called tracking tools. With these tracking tools, your surfing behavior on our website is observed. This observation takes place for the purpose of demand-oriented design and continuous optimization of our website. In this context, pseudonymized usage profiles are created and small text files stored on your computer ("cookies") are used.

a) Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website is usually transmitted to a Google server in the USA and stored there. The IP address transmitted by your browser as part of Google Analytics is not merged with other data from Google. We have also extended Google Analytics on this website with the code "anonymizeIP". This guarantees the masking of your IP address so that all data is collected anonymously. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there.

On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.

You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de. As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent the collection by Google Analytics by clicking <a href="javascript:gaOptout()">inserting a click</a> on this link. An opt-out cookie will be set that prevents future collection of your data when visiting this website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again. [Note Instructions on how to integrate the opt-out cookie can be found at: https://developers.google.com/analytics/devguides/collection/gajs/?hl=de#disable.

We continue to use Google Analytics to analyze data from Double Click cookies and also Ads for statistical purposes. If you do not want this, you can deactivate it via the Ads Preferences Manager (https://adssettings.google.com/authenticated?hl=de).

We use Google Analytics including the functions of Universal Analytics. Universal Analytics allows us to analyze the activities on our pages across devices (e.g. when accessed via laptop and later via a tablet). This is made possible by the pseudonymous assignment of a user ID to a user. Such an assignment occurs, for example, when you register for a customer account or log in to your customer account. However, no personal data is forwarded to Google. Even if additional functions are added to Google Analytics with Universal Analytics, this does not mean that a restriction of data protection measures such as IP masking or the browser add-on is associated with this.

b) Google Ads

We use the online advertising program "Google Ads" and within the framework of Google Ads the conversion tracking. Google Conversion Tracking is an analysis service provided by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). When you click on an ad placed by Google, a cookie for conversion tracking is stored on your computer. These cookies lose their validity after 30 days, do not contain any personal data and are therefore not used for personal identification. If you visit certain web pages on our website and the cookie has not yet expired, Google and we can recognize that you clicked on the ad and were redirected to this page. Each Google Ads customer receives a different cookie. Thus, there is no possibility that cookies can be tracked across Ads customers' websites.

The information obtained using the conversion cookie is used to create conversion statistics for Ads customers who have opted in to conversion tracking. Here, customers learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive any information that personally identifies users.

If you do not wish to participate in tracking, you can object to this use by preventing the installation of cookies through a corresponding setting in your browser software (deactivation option). You will then not be included in the conversion tracking statistics. Further information and the Google privacy policy can be found at: http://www.google.com/policies/technologies/ads/ and http://www.google.de/policies/privacy/.

 

11. Social media plug-ins

 

The social plugins described below are used on the website. The plugins are deactivated by default on our website and therefore do not send any data. You can activate the plugins by clicking on the corresponding social media button.

If these plugins are activated, your browser establishes a direct connection with the servers of the respective social network as soon as you call up one of our websites. The content of the plugin is transmitted directly to your browser by the social network and integrated into the website by it. The plugins can be deactivated again with one click.

For more information, see the respective privacy statements of Facebook, Twitter and Google.

a) Plugins from Facebook

Social plugins from Facebook are used on this website to make our web presence more personal. For this purpose, we use the "LIKE" or "SHARE" button. This is an offer from the US company Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA.

By integrating the plugins, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook account or are not currently logged in to Facebook. This information (including your IP address) is transmitted by your browser directly to a Facebook server in the USA and stored there.

If you are logged in to Facebook, Facebook can directly assign your visit to our website to your Facebook account. If you interact with the plugins, for example by clicking the "LIKE" or "SHARE" button, the corresponding information is also transmitted directly to a Facebook server and stored there. The information is also published on Facebook and displayed to your Facebook friends.

Facebook may use this information for the purposes of advertising, market research and demand-oriented design of the Facebook pages. For this purpose, Facebook creates usage, interest and relationship profiles, e.g. to evaluate your use of our website with regard to the advertisements displayed to you on Facebook, to inform other Facebook users about your activities on our website and to provide other services associated with the use of Facebook.

If you do not want Facebook to assign the data collected via our website to your Facebook account, you must log out of Facebook before visiting our website.

For the purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as your rights in this regard and setting options for protecting your privacy, please refer to Facebook's privacy policy at: https://www.facebook.com/policy.php

b) Plugins from Instagram

Functions of the Instagram service are integrated on our pages. These functions are offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the content of our pages to your Instagram profile by clicking on the Instagram button. This allows Instagram to associate the visit to our pages with your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Instagram.

For more information, please see Instagram's privacy policy: http://instagram.com/about/legal/privacy/

 

12. Note on data transfers to the USA

 

For the sake of completeness, we would like to point out for users resident or domiciled in Switzerland that there are surveillance measures in place in the USA by US authorities which generally allow the storage of all personal data of all persons whose data has been transferred from Switzerland to the USA. This is done without any differentiation, limitation or exception based on the objective pursued and without any objective criterion that would make it possible to limit the access of the U.S. authorities to the data and their subsequent use to very specific, strictly limited purposes that are capable of justifying the intrusion associated both with the access to these data and with their use. Furthermore, we would like to point out that in the U.S. there are no legal remedies available to data subjects from Switzerland that would allow them to gain access to the data concerning them and to obtain its correction or deletion, or that there is no effective judicial legal protection against general access rights of U.S. authorities. We explicitly draw the attention of the data subject to this legal and factual situation so that he or she can make an appropriately informed decision to consent to the use of his or her data.

We would like to point out to users residing in a member state of the EU that the USA does not have a sufficient level of data protection from the perspective of the European Union.

 

13. Right of access, rectification, erasure and restriction of processing; right to data portability

 

You have the right to receive information about the personal data stored by us about you free of charge upon request. In addition, you have the right to correct inaccurate data and the right to have your personal data deleted, insofar as this does not conflict with a legal obligation to retain the data or an authorization that allows us to process the data. In accordance with Articles 18 and 21 of the GDPR, you also have the right to request restriction of data processing and to object to data processing.

You also have the right to demand that we return the data you have provided to us. Upon request, we will also pass on the data to a third party of your choice. You have the right to receive the data in a common file format.

You can reach us for the aforementioned purposes via the e-mail address info@donatsch-malans.ch. For the processing of your requests, we may, at our discretion, require proof of identity.

You can also tell us what you want to happen to your information after you die by giving us instructions.

 

14. General disclaimer

 

All information on our website has been carefully checked. We make every effort to ensure that our offer up-to-date, correct and complete information. Nevertheless, the occurrence of errors can not be completely excluded, so we can not guarantee the completeness, accuracy and timeliness of information, including journalistic-editorial nature. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected.

The publisher may, at its own discretion and without notice, change or delete texts
and is not obliged to update the contents of this website. The use of or access to this website is at the visitor's own risk. The publisher, its clients or partners are not responsible for damages, such as direct, indirect, incidental, consequential or punitive damages allegedly caused by the visit of this website and therefore assume no liability.

The publisher also accepts no responsibility or liability for the content and availability of third-party websites that can be accessed via external links on this website. The operators of the linked sites are exclusively responsible for their content. The publisher dissociates himself explicitly from all contents of third parties, which may be of criminal or liability law or are contrary to public morals.

 

15. Data retention

 

We store personal data only for as long as it is necessary to use the above tracking, advertising and analysis services within the scope of our legitimate interest, to perform services to the above extent that you have requested or to which you have given your consent, and to comply with our legal obligations.

We retain contractual data for longer periods, as this is required by statutory retention obligations. Retention obligations that require us to retain data result from accounting regulations and tax regulations. According to these regulations, business communications, concluded contracts and accounting records must be retained for up to 10 years or, with respect to users residing in France, for up to 5 years. As far as we no longer need this data to perform the services for you, the data will be blocked. This means that the data may then only be used for accounting and tax purposes.

 

16. Right to complain to a data protection supervisory authority

 

If you are a resident of an EU country, you have the right to complain to a data protection supervisory authority at any time.

 

 

Malans, April 1, 2021

 

GENERAL TERMS & CONDITIONS

WEINGUT DONATSCH

1.     Scope

 

The following General Terms and Conditions (Terms) of Weingut Donatsch (Donatsch Winery), whose owner is Thomas Donatsch of Sternengasse 6, CH-7208 Malans, govern the rights and obligations in connection with direct sales of products to customers and with the use of the website www.donatsch-malans.ch.

The winery has been owned by the Donatsch family for over 100 years. The family business produces and sells wines as well as spirits.

The following Terms apply between the Weingut Donatsch and its customers in the version that is currently available and valid when the website is accessed or when goods are ordered or a contract is concluded.

The term “customer” refers to any natural or legal person who maintains business relations with the Weingut Donatsch. The Terms (including terms of delivery and payment and the data protection provisions) may be amended from time to time.

These Terms apply exclusively. Conflicting, supplementary or deviating terms and conditions require the express written confirmation of the Weingut Donatsch in order to be valid. By using this website or ordering goods or concluding a contract, the customer confirms that they fully accept these Terms, including the terms of delivery and payment.

2.     Information on www.donatsch-malans.ch and in brochures

The website www.donatsch-malans.ch and brochures produced by the Weingut Donatsch contain information about wines and spirits. Prices and product range are subject to change without notice. All information (product descriptions, illustrations, videos and other details) are to be understood as approximate values only and in particular do not represent a guarantee or any assurance of characteristics, unless explicitly stated otherwise. The Weingut Donatsch makes every effort to ensure that all details and information are correct, complete, up to date and clearly laid out, but the Weingut Donatsch cannot guarantee this either explicitly or implicitly.

Our range of products is subject to constant change. Weingut Donatsch can therefore give no guarantee that the products listed will be available at the time of ordering. Therefore, all information on availability and delivery times is given without guarantee and may change at any time and without notice.

3.     Pricing

 

Unless otherwise stated, the prices on www.donatsch-malans.ch include the statutory Value-Added Tax. Prices are quoted gross in Swiss francs (CHF).

Shipping costs and customs duties are charged additionally and are to be paid by the customer. Shipping costs are shown separately in the order process.

Errors and misprints cannot be ruled out. In particular, the Weingut Donatsch may make price changes at any time and without prior notice.

4.     Conclusion of a contract

 

The information provided on www.donatsch-malans.ch and in brochures constitutes an invitation to the customer to order products. The purchase contract is concluded when the customer places an order, including acceptance of these Terms. Once an order is place it is binding for the customer.

Weingut Donatsch sells wines exclusively to persons over 16 years of age and spirits exclusively to adults over 18 years of age.

If it turns out after conclusion of the contract that the ordered products cannot be delivered or cannot be delivered in full, the Weingut Donatsch is entitled to withdraw from the entire contract or from a part of the contract. If the customer’s payment has already been received by the Weingut Donatsch, the payment will be refunded to the customer. If no payment has been made yet, the customer shall be released from the obligation to pay. In the event of a termination of the contract the Weingut Donatsch shall not be obliged to make a replacement delivery or to pay damages.

Advance reservations made by customers constitute a request for the conclusion of a contract. As soon as the products in question are available, the Weingut Donatsch shall notify the customer and inform the customer of the quantity available. This notification shall serve as a confirmation of acceptance, and it is considered that a binding contract for the available quantity of the products has been concluded.

5.     Payment options

 

When purchasing goods, the customer has the specified payment options at their disposal.

Weingut Donatsch reserves the right to demand advance payment, in particular from new customers, or to exclude customers from individual payment options without stating a reason.

In the event of late payment by the customer, Weingut Donatsch may charge interest on overdue payments of 5% per year as well as a reminder fee of not more than CHF 30.00 per reminder.

6.     Delivery, obligation to inspect, complaint and return of goods

 

Deliveries are sent by post or courier to the delivery address specified by the customer in the order. Upon dispatch, benefit and risk shall pass to the customer.

Delivery usually takes place within 10 working days.

If the delivery cannot be delivered or if the customer refuses to accept the delivery, the Weingut Donatsch may terminate the contract after notifying the customer by e-mail and setting a reasonable deadline as well as charging the customer for the costs incurred.

The customer is obliged to inspect the delivered goods immediately upon receipt of the delivery and to immediately notify the Weingut Donatsch in writing by letter or e-mail of any defects for which the Weingut Donatsch provides a warranty.

Items returned to the Weingut Donatsch shall be at the expense and risk of the customer. The customer shall send the goods unopened, in their original packaging and together with the shipping note and a detailed description of the defects to the Weingut Donatsch.

If an inspection by the Weingut Donatsch show that the goods do not have any detectable defects, the Weingut Donatsch may charge the customer for the expenses incurred, for the return of the goods or, where necessary, their disposal.

7.     Guarantee

 

The Weingut Donatsch endeavours to deliver products of impeccable quality. In case of defects notified in due time, the Weingut Donatsch guarantees that the product purchased by the customer is free of defects during the guarantee period of one year from the date of delivery. At the Weingut Donatsch’s discretion, the warranty shall be fulfilled by providing a replacement of equivalent value or by reimbursing the purchase price. Further claims are excluded.

The warranty does not cover cases where the customer is merely unsatisfied with the taste; nor does it cover the consequences of improper handling or damage by the customer or third parties, or defects caused by external circumstances.

It is not possible for Weingut Donatsch to give assurances or guarantees for the up-to-dateness, completeness and correctness of the data on its website nor for the continuous or undisturbed availability of the website, its functionalities, integrated hyperlinks and further contents. In particular, it is neither assured nor guaranteed that the use of the website does not violate the rights of third parties not affiliated to the Weingut Donatsch.

8.     Liability

 

The Weingut Donatsch excludes any liability, irrespective of its legal basis, as well as claims for damages against the Weingut Donatsch and any auxiliary persons and agents. In particular, Weingut Donatsch shall not be liable for indirect damages and consequential damages, loss of profit or other personal injury, property damage and pure financial loss incurred by the customer or third parties. Further mandatory legal liability, for example for gross negligence or unlawful intent, shall remain reserved.

The Weingut Donatsch uses the hyperlinks on www.donatsch-malans.ch merely to simplify the customer’s access to other web services. The Weingut Donatsch can neither know the content of these web services in detail, nor assume liability or other responsibility for their content.

9.     Data protection

 

The data protection declaration of the Weingut Donatsch dated 1 April 2021 is an integral part of these Terms.

10.  Further provisions

 

The Weingut Donatsch expressly reserves the right to amend these Terms and Conditions and bring them into force at any time and without notice.

Should individual provisions of these Terms be wholly or partially void and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by provisions that come as close as possible in commercial terms to the meaning and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same shall apply in the event of any loopholes in the provision.

In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.

The place of jurisdiction is Chur, Switzerland.

 

Malans, 1 April 2021