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General Terms and Conditions

1. General Information

The General terms and Conditions form the basis of a fair relationship between us as vendors and you as client. When a client places an order with us he acknowledges and fully agrees with our general terms and conditions. We undertake everything in our power to serve our clients to their complete satisfaction.

 

2. Scope of Application

These General Terms and Conditions regulate the relationship between Straiton Fine Wine, Alte Steinacherstrasse 33, 8804 Au (hereafter referred to as SFW), and the client. Any agreements which deviate from these General Terms and Conditions must be made in writing in order to become valid.

 

3. Conclusion of Contract

The conclusion of contract is initiated by the client the moment he completes our online order form and presses the order button to transfer the order to us. The client is bound to this order for one week from the moment he activates the order. He will receive an automated Email from SFW which contains the acknowledgement of his order. This acknowledgement is only to inform the client that we have received his order. The contract only becomes binding when we send an order confirmation to the client by email/post or fax. Furthermore, the contract only refers to those articles which are expressly mentioned in our invoice (See section 6.1). SFW reserves the right to delete client accounts as it finds appropriate without disclosing reasons.

 

4. Protection of Minors

SFW does not sell alcohol to minors. The client confirms the correctness of his personal details and accordingly his right to order merchandise from us.

 

5. Prices and Payment Conditions

All prices set out in our sales lists are net prices in Swiss francs, excluding 8% value added tax. The online module calculates the legal value added tax for deliveries within Switzerland. Promotions which run for a limited time as well as alterations in prices are possible at any time and without warning. Conversions into foreign currency are not legally binding and are for indicative purposes only.

 

5.1 Payment

The purchase price of ordered merchandise must be paid for by the client strictly net within 15 days after receipt of the invoice.Payment of the purchase price can be made by credit card (Visa,Mastercard) or bank transfer. All credit card data is transferred under encryption.

All orders will be delivered after payment has been received. Articles ordered cannot be reserved. SFW reserves the right to cancel orders in instances where payment has not been received within 15 days from the day of ordering. In instances where a client has ordered and paid for an article which for any reason is not available(which would be visible on the invoice), SFW will reimburse the amount in question to the client's credit card.

The client on ordering merchandise acknowledges the fact that the purchase price is to be paid in advance. The vendor thus reserves the right to take legal measures to enforce payment before delivery of the merchandise after the payment deadline has been exceeded. In instances of delayed payment the client will be charged 1 percent debit interest per month commencing from the payment deadline. The merchandise will remain the property of SFW until complete payment has been received.

5.2. In instances where a client account shows outstanding or not completely paid invoices from earlier orders, SFW reserves the right to withhold delivery of all merchandise until complete payment for all outstanding invoices has been settled.

5.3. A client can only withdraw from an order or contract with written agreement from SFW to this affect. In such cases, SFW will charge the client a contractual penalty to the amount of 15% of the original invoice to cover expenses caused. The cancellation and annulment of this contract takes effect automatically when the contractual penalty has been paid on time. In exceptional instances, SFW may refrain from charging a contractual penalty.

 

6. Delivery and Packaging Charges

Delivery takes place under the condition that we receive correct and timely delivery from our suppliers. SFW shall not be made liable for delays in delivery in instances of Force majeure such as strikes or other industrial action, riots, war, natural disasters or delivery blocking on the part of producers or third parties.

6.1. In instances where not all of the ordered products are available, SFW reserves the right to make part delivery. Should it become apparent after conclusion of a contract that merchandise cannot be delivered partly or fully for reasons which are outside the responsibility of the vendor, then the client has the right to withdraw from the contract. The client does not have the right to claim damages in such instances.

6.2. SFW reserves the right to regulate the amounts ordered on receiving an order confirmation.

6.3. Under normal circumstances, delivery to the client's address or to any address he stipulates is made using the services of the Swiss Post. The wines ordered will be delivered in specially designed wine shipping cartons. Prices are calculated by weight (see prices at https://www.post.ch/de/privat) and vary according to producer and year between 1.65 and 2.15 Kg for a 75cl bottle including packaging and interior packing material. Other weights for larger bottles can be given on request.

6.4. If a package cannot be delivered, the post normally leaves a notification or collection card. The package can be collected at the nearest post office branch or if preferred one can arrange for it to be delivered at a more convenient time.

6.5. If a package is not collected by the client within the defined period and a second delivery is not possible, the package will be returned to SFW at the cost of the client. A fresh delivery will be charged additionally.

6.6. Once the ordered merchandise has been given over to the transport company, SFW has fulfilled the order completion. From this point in time all responsibility for damage and/or loss of the merchandise is with the client. SFW is not liable for damages caused by the transport company hired. An optional transport insurance can be purchased during the checkout process.

6.7. SFW declines categorically any responsibility for increase in customs duty and other fiscal taxes as well as non-observance of the aforementioned conditions of payment, in particular contract cancellation.   

               

7. Special Conditions

7.1. General Availability

Our Assortment (Products, Vintages, etc.) is subject to continuous change. SFW reserves the right to make short-term alterations to its product range. A complete and continuous availability of our assortment can therefore not be guaranteed.

 

7.2. Complaints

The condition of the delivered merchandise must be checked immediately on receipt; delivered merchandise will be regarded as accepted after a period of 8 days from the date of delivery. Notice of defects must be made in writing within the aforementioned period. In instances of loss, damage or breakage, the client must immediately request an analysis report of the sequence of events by the responsible transport company, without which no replacements can be made.

A professional storage of merchandise has top priority at SFW. We however calculate our prices without risk premium and therefore categorically decline replacement of faulty wines. Therefore, returns will not be accepted without our prior agreement. We kindly ask you to understand our policy.

 

8. Court of jurisdiction   

The court of jurisdiction is Horgen / Canton of Zurich for disputes arising out of the purchase contract made between Straiton Fine wine and the client.

Only Swiss law is applicable.

 

Straiton Fine Wine, CH-8804 Au

 

 

 

 

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