General Terms and Conditions for Customers of
vino-naturale.ch
1.
1.1 vino-naturale.ch sells products and provides services, in particular via the website www.vino-naturale.ch. These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all legal relationships between vino-naturale.ch and the purchaser of products and/or services from vino-naturale.ch (purchaser hereinafter referred to as “Customer”, vino-naturale.ch and the Customer together hereinafter referred to as “Parties”).
1.2 The customer guarantees that they are at least 18 years of age at the time of placing their order.
1.3 Any general terms and conditions of the customer are hereby excluded.
1.4 Deviations from these GTC are only valid if they have been agreed in writing or by email by the parties.
1.5 If, in addition to these GTC, special contractual conditions of vino-naturale.ch apply, the special conditions shall take precedence over these GTC insofar as they contain provisions that deviate from these GTC.
2. Orders
2.1 All offers made by vino-naturale.ch are non-binding.
2.2 By placing an order, the customer makes an offer which is binding for two weeks after receipt by vino-naturale.ch. At the customer's request, vino-naturale.ch may voluntarily cancel the order as a gesture of goodwill.
2.3 After receiving an order, vino-naturale.ch will usually send a confirmation of receipt to the email address provided by the customer. This confirmation of receipt is for the customer's information only and has no legal effect.
2.4 The contract between the parties is concluded as soon as vino-naturale.ch provides services for the customer (e.g., shipping or handing over products to the customer) or sends an order confirmation.
2.5 All services to be provided by vino-naturale.ch are listed in full in the delivery note and/or order confirmation from vino-naturale.ch.
2.6 The customer shall check the documents issued by vino-naturale.ch, in particular invoices, delivery notes and order confirmations, within 5 calendar days of their dispatch (by post or digitally) or delivery. The customer shall notify vino-naturale.ch of any discrepancies within this period, otherwise the documents shall be deemed to have been approved by the customer.
3. Procurement of products, cancellations, vintage changes
3.1 vino-naturale.ch is entitled to cancel orders at any time without giving reasons and/or to only partially fulfill them. In the event of partial or complete cancellation of the order, the customer shall only pay for the partial service actually provided by vino-naturale.ch.
3.2 vino-naturale.ch is under no circumstances obliged to procure products or specific vintages of wines.
3.3 If vino-naturale.ch intends to deliver a different vintage of a wine than the one ordered, vino-naturale.ch shall inform the customer of the planned replacement vintage by email prior to shipment, provided that the customer has selected the “Information in case of vintage change” option in the order overview. After this email has been sent, the customer is entitled and obliged to declare within 14 calendar days whether they agree to the replacement vintage offered or whether they wish to cancel the delivery of the wine in question. If vino-naturale.ch does not receive any notification from the customer within this period, this shall be deemed to constitute a waiver of the wine delivery by the customer. In the event of a waiver of the wine delivery, any price already paid by the customer, including shipping and packaging costs, will generally be refunded within 30 days (refund to the account specified by the customer after contact by vino-naturale.ch).
3.4 Any further claims by the customer arising from the business transactions mentioned in this section 3 are excluded.
4. Prices, costs, and terms of payment and delivery
4.1 All prices are in Swiss francs and include VAT.
4.2 Shipping and packaging costs will be charged to the customer separately (except for deliveries designated as free of charge).
4.3 vino-naturale.ch is entitled to make deliveries in several parts. Such partial deliveries shall not result in any additional costs for the customer.
4.4 The invoice from vino-naturale.ch or, if this is missing or incomplete, the order confirmation, or if this is also missing or incomplete, the prices, costs, and payment terms communicated to the customer at the end of the ordering process shall be decisive for the agreed prices, costs, payment, and delivery terms.
4.5 vino-naturale.ch is entitled, regardless of the agreed payment method, to deliver or perform orders only against advance payment.
4.6 vino-naturale.ch hereby assigns to the customer any rights to which vino-naturale.ch is entitled vis-à-vis the carrier of deliveries to the customer. In return, the customer bears the transport and delivery risk in connection with their orders from vino-naturale.ch.
4.7 Unless otherwise stated on the invoice, invoices from vino-naturale.ch are payable within 30 days (from the invoice date) and without any deductions to the account specified on the invoice. vino-naturale.ch retains ownership of the goods until full payment has been received. The customer shall be in default upon expiry of the payment period. In this case, vino-naturale.ch shall be entitled to suspend further deliveries to the customer until full payment has been made. In the event of default in payment, the customer shall be sent a reminder:
- 1. Reminder/payment reminder (via email): free of charge
- 2. Reminder (by post): free of charge
4.8 If reminders are unsuccessful, the invoice amounts may be assigned to a company commissioned to collect the debt. In this case, an effective annual interest rate of up to 10% may be charged on the invoice amount owed from the due date. The debt collection agency will claim the outstanding amounts in its own name and on its own account and may charge additional processing fees.
5. Dates
5.1 All shipping and delivery dates communicated by vino-naturale.ch are for the customer's information only and are not legally binding.
5.2 If the shipment of a delivery (or parts thereof) is delayed by more than five working days from the date communicated by vino-naturale.ch, the customer is entitled to waive the delayed part of the delivery. Such a waiver is only valid if it is declared immediately and received by vino-naturale.ch before the delayed part of the delivery is shipped. Otherwise, the customer has no rights against vino-naturale.ch if shipping and delivery dates are exceeded.
5.3 If successful delivery is not possible for reasons for which vino-naturale.ch is not responsible (e.g., incorrect delivery address, absence of the recipient, lack of access permission, etc.), the customer is obliged to compensate vino-naturale.ch financially as if the delivery had been successful (at least the shipping and packaging costs). In all other respects, sections 3 and 4.6 above apply.
6. Inspection by the customer
6.1 The customer shall inspect deliveries received from vino-naturale.ch within 5 calendar days of delivery or collection and shall notify vino-naturale.ch in writing or by email of any visible defects or incomplete deliveries during this period. Once this period has expired without notification, the deliveries received from vino-naturale.ch and the scope of delivery shall be deemed to have been approved by the customer.
7. Warranty, in particular for wines sold by the bottle, and liability
7.1 The warranty period for hidden defects is two years from the date of handover or delivery of the services to be provided by vino-naturale.ch.
7.2 If the customer discovers that a bottle of wine purchased from vino-naturale.ch is defective (hereinafter referred to as “wine with a cork”), this bottle will be replaced by vino-naturale.ch under the following conditions (cumulative):
a. The warranty period (section 7.1 above) has not yet expired;
b. The bottle is brought to vino-naturale.ch by the customer immediately after the defect is discovered or – after consultation with and in accordance with the instructions of vino-naturale.ch – sent to vino-naturale.ch;
c. The bottle is at least 2/3 full; and
d. vino-naturale.ch can also confirm the defect.
7.3 vino-naturale.ch will replace wines sold by the bottle under the conditions set out in section 7.2 above with an electronic voucher card worth the value of the wine sold by the bottle. This voucher card entitles the customer to order another wine from vino-naturale.ch to the value of the voucher card.
7.4 With the exception of the warranty rights mentioned in sections 7.1 and 7.2, the customer has no warranty rights against vino-naturale.ch.
7.5 The liability of vino-naturale.ch for culpably caused personal injury is unlimited. Liability for direct property damage and financial loss culpably caused by vino-naturale.ch in the performance of the contract is limited to the price of the service provided by vino-naturale.ch. Any liability of vino-naturale.ch or its vicarious agents for other or further claims and damages, in particular claims for compensation for indirect or consequential damages, lost profits, lost use, unrealized savings, loss of earnings, loss of business or production – regardless of their legal basis – is expressly excluded. This limitation of liability applies regardless of the legal basis for liability. Further mandatory statutory liability, e.g. for gross negligence or unlawful intent, remains reserved.
8. Rules of conduct and publication for customers and license for customer contributions
8.1 Parts of the website may allow the posting of comments, product reviews, and other textual or visual content (hereinafter “customer contributions”). The customer declares that they agree to these provisions in Section 8 on customer contributions and undertakes in particular to comply with the rules of conduct and publication.
8.2 The customer acknowledges that they are solely responsible and liable for their activities and customer contributions. They warrant that they are entitled to the customer contribution posted and that no third-party rights (copyrights, personal rights, trademark rights, etc.) are infringed. In the event of any claims by third parties in connection with the publication or use of customer contributions, the customer shall indemnify and hold vino-naturale.ch harmless from all claims.
8.3 Customer contributions on the vino-naturale.ch website should be characterized by qualities such as creativity, culinary expertise, and sophistication, as well as the necessary seriousness. The following rules therefore apply to the publication of customer contributions:
8.4 Customer contributions, such as comments or product reviews, should be written objectively and refer to the characteristics, quality, etc. of the product. In the event of problems with delivery times or quality defects of any kind, the customer service department of vino-naturale.ch should be contacted. Comments in customer contributions must be made with due respect, using appropriate language, correct spelling and politeness. Personal attacks, disparaging remarks, or contributions that contain hate, violence, sexual content, threats, are obscene, violate the privacy of others, discriminate against other groups of people, minorities, etc., are misleading, violate public decency or any existing laws, or are intended to amuse at the expense of others are prohibited and will not be tolerated. The publication of advertising content of any kind, spam, or links to other providers, as well as the mention of their offers, is not permitted.
8.5 The publication of contact information of any kind (email addresses, telephone numbers, home addresses, etc.) should be avoided at all costs.
8.6 vino-naturale.ch has the right to check compliance with the rules of conduct and publication, and to refuse to publish or delete customer contributions without giving a reason. Furthermore, vino-naturale.ch reserves the right to change the language or spelling of customer contributions.
8.7 In the event of gross or repeated violations of the rules of conduct and publication for customers, vino-naturale.ch reserves the right to block the customer without giving reasons or to delete their customer account and, if necessary, to take legal action, involve the authorities, or file a complaint.
8.8 License granted by the customer to vino-naturale.ch for customer contributions
When a customer publishes customer contributions, they grant vino-naturale.ch a license as follows:
The customer grants vino-naturale.ch a non-exclusive, perpetual, transferable, sublicensable, royalty-free, worldwide license to use all content published by them on or in connection with the website, in particular customer contributions, including any images of persons appearing in the respective customer contributions or concepts or ideas contained therein, for any purpose whatsoever, including commercial use, which also includes the right to translate, display, reproduce, modify, create derivative works, analyze, sublicense, distribute, and assign these rights.
9. Final provisions
9.1 Involvement of third parties
vino-naturale.ch is entitled to involve third parties in the provision of services, in particular other wine merchants.
9.2 Communication by email
vino-naturale.ch is entitled to communicate with the customer by email. The customer is aware that emails may be read by third parties. The customer bears all risks associated with the transmission and delivery of emails. In particular, the customer is responsible for checking their inbox and spam folder regularly. An email from vino-naturale.ch is deemed to have been delivered to the customer at the moment it is sent by the servers used by vino-naturale.ch to the email address specified by the customer.
9.3 Benefits and risks
The benefits and risks of the services to be provided by vino-naturale.ch shall pass to the customer upon departure of the services from the registered office of vino-naturale.ch or upon notification of readiness for collection (whichever is earlier).
9.4 Place of
The place of performance for all obligations (of the customer, vino-naturale.ch, and third parties) is the registered office of vino-naturale.ch.
9.5 Severability
Should any provision of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In the event of the invalidity or nullity of a contractual provision, it shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.
9.6 Applicable law, place of performance and jurisdiction
These GTC are governed exclusively by Swiss substantive law. The applicability of the CISG is excluded.
All disputes arising from or in connection with the contract between the parties, including those concerning its valid conclusion, its legal validity, its amendment or termination, shall be settled by the competent courts at the registered office of vino-naturale.ch. For legal action taken by vino-naturale.ch and in cases where this is required by law, the court at the customer's place of residence, registered office or domicile shall also have jurisdiction.