1. General

1.1 

These General Terms and Conditions of Business (the "General Terms and Conditions") apply to the sale of products by Artigiani del Vino GmbH, c/o Fabio Di Stefano, Im Tiergarten 24, 8055 Zurich ("AdV") via the online shop to customers in Switzerland (the "Customer").

1.2 

In the event of divergent provisions, mandatory legal provisions shall take precedence over individual agreements and these General Terms and Conditions of Business and individual agreements shall take precedence over these General Terms and Conditions of Business.

2. Conclusion of contract

2.1 

The customer can select products from AdV's range and collect them in a so-called shopping basket by clicking on the "Buy" button. By clicking on the "Payment" button, the customer makes a binding request to purchase the goods in the shopping basket. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the Customer has accepted these General Terms and Conditions by ticking the confirmation "I hereby confirm that I have read and accepted the General Terms and Conditions" and has thereby included them in his application.

2.2 

AdV will then send the Customer an automatic confirmation of receipt by e-mail in which the Customer's order is listed again. The automatic acknowledgement of receipt merely documents that the Customer's order has been received by AdV and does not constitute acceptance of the application. The contract is not concluded until AdV issues a declaration of acceptance, which is sent in a separate e-mail (order confirmation). 

3. No sale of alcoholic beverages to young people

The sale of alcohol to young people is subject to various restrictions. In the AdV online shop, alcohol is generally not sold to young people under the age of 18.    

By ordering alcoholic beverages, the customer confirms that he/she is of age and undertakes to ensure that the delivery is accepted by a person of age. This applies to personal acceptance in the case of delivery by a delivery service as well as in the case of deposit at the door.

4. Personal data

The processing of personal data by AdV is subject to our data protection policy: Privacy Policy

5. Delivery, availability of goods

5.1    

The delivery date stated by AdV is calculated from the time of order confirmation, prior payment of the purchase price being a prerequisite. The expected delivery time can be viewed by the customer from the time at which the order is accepted. 

5.2    

Due to high demand, products may sell out quickly. If no copies of the products elected by the Customer are available at the time of the Customer's order, AdV will inform the Customer of this immediately in the order confirmation. AdV will also     contact the Customer by telephone or e-mail in order to agree on the further procedure. If the product is permanently unavailable, AdV shall refrain from issuing a declaration of acceptance. In this case, a contract shall not be concluded.

5.3    

If the product designated by the Customer in the order is only temporarily unavailable, AdV shall also inform the Customer of this immediately in the order confirmation.

5.4    

The goods will be shipped to a physical address in Switzerland.

5.5

The following delivery restrictions apply: AdV only delivers to customers who have their usual place of residence (invoice address) in Switzerland and can provide a Swiss delivery address.

6. Warranty, right of return

6.1    

AdV is liable for material defects in accordance with the applicable statutory provisions, in particular in accordance with Art. 197 ff. of the Swiss Code of Obligations. The right to reduce the purchase price is excluded. AdV reserves the right to make a replacement delivery. 

6.2    

The customer must inspect the condition of the ordered products immediately upon receipt and give notice of any defects. After the expiry of 7 days, the delivery shall be deemed to have been approved. 

6.3    

We grant you a 7-day right of return, i.e. you have 7 days after receipt of the goods to request a return, starting from the date indicated on the delivery note. All our products are subjected to rigorous quality tests and the quality of the wine is a matter of personal taste and cannot be considered an objective defect. If the customer exercises his right of return, he must bear the costs of returning the products. Shipping costs will not be refunded. 

6.4    

In order for a return to be possible, the item must be in the same condition in which the customer received it, in particular the product must be unopened.

6.5    

To initiate a return, the Customer may contact AdV at: info@enotecaseverino.ch and provide the order number and the reason for returning the Product.

7. Retention of title

The delivered goods remain the property of AdV until full payment has been received. The supplier is entitled to make a corresponding entry in the retention of title register. Prior to the transfer of ownership, pledging, transfer of ownership by way of security, further processing or alteration is not permitted without the express consent of AdV. 

8. Prices and shipping costs

8.1    

All prices stated on the AdV website are in Swiss francs (CHF) including the applicable statutory value added tax.

8.2    

The relevant shipping costs and any customs duties will be indicated to the customer in the order form and are to be borne by the customer. For an order value of less than CHF 100, the shipping costs are CHF 12. For an order value of CHF 100 or more, AdV will deliver to the customer free of shipping costs.

8.3    

Unless otherwise stated, the goods will be dispatched by Swiss Post. 

8.4    

If the customer refuses to accept the goods ordered, they will be returned to AdV at the customer's expense.

9. Payment modalities

9.1    

The customer may pay by credit card (Visa, American Express, MasterCard) Pay Pal or Twint.

9.2    

Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he shall pay AdV interest on arrears for the year at a rate of five (5) percent.

9.3    

The Customer's obligation to pay interest on arrears does not preclude AdV from asserting further claims for damages caused by arrears.

10. Liability

To the extent permitted by Swiss law, AdV excludes any liability for damage, improper storage or handling of the goods on the part of the customer.

11. Final provisions

11.1    

AdV reserves the right to amend these General Terms and Conditions. In this case, the     version of the General Terms and Conditions will apply to the Customer's next purchase from AdV. 

11.2    

The applicable General Terms and Conditions are available on AdV's website.

11.3    

These General Terms and Conditions constitute the entire agreement entered into between the parties in respect of the matters to which these General Terms and Conditions relate.

11.4    

In the event that any provision of these General Terms and Conditions is or becomes void, invalid or unenforceable, the validity or enforceability of the remaining provisions of these General Terms and Conditions shall not be affected thereby. 

11.5    

The contract shall remain binding in its other parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any.

11.6    

These General Terms and Conditions are available in various languages, the German language being the original version. The parties acknowledge that in the event of any discrepancies between the different versions, the German version of the General Terms and Conditions shall prevail.

11.7

These General Terms and Conditions are governed by Swiss substantive law, excluding the UN Convention on Contracts for the International Sale of Goods.

11.8

All disputes arising out of or in connection with these General Terms and Conditions     shall be subject to the exclusive jurisdiction of the ordinary courts of the Canton of Zurich (Switzerland), place of jurisdiction being the city of Zurich. The place of jurisdiction for consumer disputes remains reserved.

Last updated on: 18.10.2022