Terms and Conditions
General terms and conditions for customers of Cave du Vin by Jan Wiederkehr
1. General
1.1 Cave du Vin by Jan Wiederkehr (hereinafter "Cave") sells products and provides services, in particular via the website www.caveduvin.ch . These General Terms and Conditions (hereinafter "GTC") apply to all legal relationships between Cave and the purchaser of products and/or services from Cave (purchaser hereinafter "customer", Cave and the customer together hereinafter "parties").
1.2 The customer guarantees that he is at least 18 years old at the time of placing his order.
1.3 Any general terms and conditions of the customer are hereby excluded.
1.4 Deviations from these General Terms and Conditions are only valid if they have been agreed by the parties in writing or by email.
1.5 If special contractual conditions of Cave should apply in addition to these General Terms and Conditions, the special conditions shall take precedence over these General Terms and Conditions to the extent that they contain provisions that deviate from these General Terms and Conditions.
2. Orders
2.1 All offers from Cave are non-binding.
2.2 By placing an order, the customer submits an offer to which he is bound for 2 weeks after receipt by Cave. At the customer's request, Cave can voluntarily cancel the order as a gesture of goodwill.
2.3 After receiving an order, Cave will usually send a confirmation of receipt to the email address provided by the customer. This confirmation of receipt only serves to inform the customer about their order and has no legal effect.
2.4 The contract between the parties is concluded as soon as Cave provides services to 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 Cave are listed in detail in the delivery note and/or the order confirmation from Cave.
2.6 The customer shall check the documents created by Cave, in particular invoices, delivery notes and order confirmations, within 5 calendar days of their dispatch (by post or digitally) or handover. The customer shall inform Cave of any discrepancies during this period, otherwise the documents shall be deemed to have been approved by the customer.
3.0 Procurement of products, cancellations, vintage changes
3.1 Cave is entitled to cancel orders at any time without giving reasons and/or to only partially deliver them. In the event of a partial or complete cancellation of the order, the customer only pays for the partial service actually provided by Cave.
3.2 Cave is under no circumstances obliged to procure products or specific vintages of wine.
3.3 If Cave intends to deliver a different vintage of wine than that ordered, Cave will inform the customer by email of the planned replacement vintage before shipping if the customer has selected the "Information in the event of a change in vintage" option in the order overview. After this email has been sent, the customer is entitled and obliged to declare within 14 calendar days whether he or she agrees to the replacement vintage offered or whether he or she waives delivery of the wine in question. If Cave does not receive a message from the customer within this period, this is deemed to be a waiver of the wine delivery by the customer. If the customer waives 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 bank account details provided by the customer after Cave contacted him or her).
3.4 All further claims of the customer arising from the business transactions mentioned in this Section 3 are excluded.
4.0 Prices, costs and payment and delivery conditions
4.1 All prices are in Swiss francs including VAT.
4.2 Shipping and packaging costs will be charged to the customer separately (except for free deliveries designated as such).
4.3 Cave is entitled to make deliveries in several parts. Such partial deliveries do not result in any additional costs for the customer.
4.4 The agreed prices, costs, payment and delivery conditions are determined by Cave’s invoice or, if such an invoice is missing or incomplete, the order confirmation or, if such an invoice is also missing or incomplete, the prices, costs and payment conditions communicated to the customer upon completion of the order process.
4.5 Regardless of the agreed payment method, Cave is entitled to deliver or provide orders only against advance payment.
4.6 Cave hereby assigns to the customer any rights that Cave may have against the carrier of deliveries to the customer. In return, the customer bears the transport and delivery risk in connection with his orders from Cave.
4.7 Unless otherwise stated on the invoice, Cave invoices must be paid within 30 days (from the invoice date) and without any deductions to the Cave account specified on the invoice.
Cave retains title to the goods until full payment has been made. Once the payment deadline has expired, the customer is automatically in default. In this case, Cave is entitled to stop further deliveries to the customer until full payment has been made. In the event of late payment, the customer will be reminded:
- 1. Reminder/payment reminder (via email): free
- 2nd reminder (by post): 10 CHF
4.8 If reminders are unsuccessful, the invoice amounts can be assigned to a company commissioned to collect the debt. In this case, an effective annual interest rate of up to 10% on the invoice amount owed can also be charged from the due date. The company commissioned to collect the debt will claim the outstanding amounts in its own name and on its own account and can charge additional processing fees.
5. Dates
5.1 All shipping and delivery dates communicated by Cave are for customer guidance purposes only and are not legally binding.
5.2 If the dispatch of a delivery (or parts thereof) is delayed by more than five working days compared to the date communicated by Cave, the customer is entitled to waive the delayed part of the delivery. Such a waiver is only valid if it is declared immediately and is received by Cave before the delayed part of the delivery is dispatched. Otherwise, the customer has no rights against Cave for exceeding the dispatch and delivery dates.
5.3 If a successful delivery is not possible or only possible under difficult circumstances for reasons for which Cave is not responsible (e.g. incorrect delivery address, absence of the recipient, lack of access permit, etc.), the customer is obliged to provide Cave with the same financial position as if the delivery had been successful (at least by covering the shipping and packaging costs). In all other respects, Section 3 and Section 4.6 above apply.
6. Inspection by the customer
6.1 The customer shall inspect deliveries received from Cave within 5 calendar days of delivery or collection and shall notify Cave of any visible defects or incomplete deliveries in writing or by email within this period. After this period has expired without notice, the deliveries received from Cave and the scope of the delivery shall be deemed to have been approved by the customer.
7. Warranty, in particular for tapped wines, and liability
7.1 The warranty period for hidden defects is two years from the handover or delivery of the services to be provided by Cave.
7.2 If the customer discovers that a bottle of wine purchased from Cave is defective (hereinafter referred to as “tapped wine”), this bottle will be replaced by Cave under the following conditions (cumulative):
- The warranty period (Section 7.1 above) has not yet expired; b. the bottle is brought to Cave by the customer immediately after the defect is discovered or – after consultation and in accordance with Cave’s instructions – sent to Cave; c. the bottle is at least 2/3 full; and d. Cave can also detect the defect.
7.3 Cave will replace tapped wines under the conditions of section 7.2 above with an electronic voucher card in the value of the tapped wine. This voucher card entitles the customer to order another wine from Cave in 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 Cave.
7.5 Cave's liability for culpable personal injury is unlimited. Liability for direct material and financial damage that Cave culpably caused in fulfilling the contract is limited to the price of the relevant service provided by Cave. Any liability of Cave or its vicarious agents for other or further claims and damages, in particular claims for compensation for indirect, indirect or consequential damages, loss of profit, loss of use, unrealized savings, loss of earnings, loss of business or loss of production - regardless of their legal basis - is expressly excluded. This limitation of liability applies regardless of the legal basis of the liability. Further mandatory statutory liability, e.g. for gross negligence or unlawful intent, remains reserved.
8. Final provisions
8.1 Involvement of third parties
Cave is entitled to involve third parties in the provision of services, in particular other wine merchants.
8.2 Communication by email
Cave is entitled to communicate with the customer by email. The customer is aware that emails can 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 regularly checking his inbox and spam folder. An email from Cave is deemed to have been delivered to the customer at the moment it is sent by the server used by Cave to the email address specified by the customer.
8.3 Benefits and dangers
Benefit and risk of the services to be provided by Cave shall pass to the customer when the services leave Cave's headquarters or when Cave is notified that the goods are ready for collection (whichever is earlier).
8.4 Place of performance
The place of performance for all obligations (of the customer, Cave and third parties) is Cave’s registered office.
8.5 Severability clause
Should any provision of these Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In the event of invalidity or voidness of a contractual provision, it shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.
8.6 Applicable law, place of performance and jurisdiction
These Terms and Conditions 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 formation, legality, amendment or termination, shall be decided by the competent courts at Cave's registered office. For claims brought by Cave and in cases where mandatory by law, the court at the customer's place of residence, registered office or domicile shall also have jurisdiction.