AGB
General Terms and Conditions for Customers of Off Piste Wine GmbH
October 2023
I. GENERAL
1. Off Piste Wine GmbH (hereinafter “Off Piste") sells products and provides services, in particular via the website www.offpistewine.ch. These general terms and conditions (hereinafter "GTC") apply to all legal relationships between Off Piste and the Purchaser of products and/or services from Off Piste (Purchaser hereinafter "Customer", Off Piste and the Customer together hereinafter "Parties").
2. The customer guarantees that he is at least 18 years old at the time of his order.
3. Any general terms and conditions of the customer are hereby waived.
4. Deviations from these GTC are valid only if agreed by the parties in writing or by e-mail
5. If, in addition to these GTC, special contractual conditions of Off Piste should be applicable, the special conditions take precedence over these GTC, insofar as they contain provisions that deviate from these GTC.
6. These terms and conditions shall also govern the relationship between business customers and supersede any pre-existing terms and conditions presented by the business customer. By engaging in any business transaction or services provided by Off Piste, the business customer expressly accepts and agrees to be bound by these Terms.
II. ORDERS
1. All offers of Off Piste are non-binding.
2. By the particular order, the customer on his part makes an offer to which he is bound for 2 weeks after receipt by Off Piste. At the request of the customer, Off Piste may voluntarily cancel the order as a gesture of goodwill.
3. Upon receipt of an order, Off Piste usually sends a confirmation of receipt to the e-mail address provided by the Customer. This confirmation of receipt serves only for the orientation of the customer about his order and has no legal effects.
4. The conclusion of the contract is concluded at the time when the customer receives an order confirmation from www.offpistewine.ch. The order confirmation is sent by e-mail. Confirmed orders can no longer be cancelled or changed by the customer.
5. All services to be provided by Off Piste are listed conclusively in the delivery bill and/or the order confirmation of Off Piste.
6. The Customer shall check the documents prepared by Off Piste, in particular invoices, delivery bills and order confirmations, within 5 calendar days after they have been sent (by mail or digitally) or handed over. The Customer shall notify Off Piste of any discrepancies within this period, other- wise the documents will be deemed approved by the Customer.
III. PROCUREMENT OF PRODUCTS, CANCELLATIONS, CHANGE OF VINTAGE
1. Off Piste is entitled to cancel orders at any time without giving reasons and/or to provide only partial services. In case of partial or full cancellation of the order, the Customer shall pay only for the partial service effectively provided by Off Piste.
2. Off Piste is in no way obligated to procure products or specific vintages of wines.
3. If Off Piste intends to deliver a different vintage of a wine than ordered, Off Piste will inform the Customer by e-mail about the planned replacement vintage prior to shipment. After this e-mail has been sent, the customer is entitled and obliged to declare within 14 calendar days whether he agrees with the offered replacement vintage or whether he waives the delivery of the wine in question. If no message from the Customer is received by Off Piste within this period, this shall be deemed as a waiver of the wine delivery by the Customer. In case of renunciation of the wine delivery, any price already paid by the Customer, including shipping and packaging costs, will be refunded to the Customer as a rule within 30 days (refund to the account details provided by the Customer after contact by Off Piste).
4. All further claims of the customer arising from the transactions mentioned in this Clause III are excluded.
IV. PRICES, COSTS AND TERMS OF PAYMENT AND DELIVERY
1. All prices are in Swiss francs including VAT.
2. Shipping and packaging costs will be charged separately to the customer (except: free deliveries designated as such).
3. Off Piste is entitled to execute deliveries in several parts. Such partial deliveries do not result in any additional costs for the customer.
4. Decisive for the agreed prices, costs, payment, and delivery terms is the invoice of Off Piste or, if such an invoice is missing or incomplete, the order receipt confirmation, or if such an order receipt is also missing or incomplete, the prices, costs and payment terms communicated to the Customer at the conclusion of the order process.
5. Regardless of the agreed method of payment, Off Piste is entitled to deliver or perform orders only against prepayment.
6. Off Piste hereby assigns to the Customer any rights to which Off Piste is entitled against the carrier of deliveries to the Customer. In return, the Customer bears the transport and delivery risk in connection with his orders with Off Piste.
7. Invoices from Off Piste are to be paid within 14 days (from date of invoice) and without any deduction to the account of Off Piste designated on it unless otherwise stated on the invoice. Off Piste reserves the right of ownership of the goods until full payment has been made. Upon expiry of the payment term, the customer will be in default without further notice. In this case, Off Piste is entitled to stop further deliveries to the Customer until full payment is made. In the event of late payment, the customer will be sent a reminder:
- 1st reminder/payment reminder (via e-mail): free of charge
- 2nd reminder (postal): free of charge
8. In case of unsuccessful reminders, the invoice amounts can be assigned to a company entrusted with the debt collection. In this case, an additional annual percentage rate of up to 10% may be charged on the invoice amount owed from the due date. The company entrusted with the debt collection will claim the outstanding amounts in its own name and for its own account and may charge additional processing fees.
9. Our range (products, vintages, etc.) is subject to constant change, so we reserve the right to make changes and price adjustments. Short-term assortment and vintage changes, intermediate sales and quantity restrictions for individual articles are also reserved.
10. We deliver in Switzerland only. We do not deliver to countries outside of Switzerland.
11. If a customer does not accept the goods ordered by him, any return costs will be charged to the customer.
12. Upon placing and confirming their order, the customer confirms the shipping address is a registered address for deliveries.
V. DATES
5.1 All shipping and delivery dates communicated by Off Piste are exclusively for the orientation of the customer and are not legally binding.
5.2 If the dispatch of a delivery (or parts of it) is delayed by more than ten working days compared to the date communicated by Off Piste, the Customer is entitled to waive the delayed part of the delivery. Such waiver is valid only if it is declared immediately and is received by Off Piste before the dispatch of the delayed part of the delivery. Otherwise, the Customer shall not be entitled to any rights against Off Piste arising from the exceeding of shipping and delivery dates.
5.3 If a successful delivery is not possible or only possible under difficult circumstances for reasons for which Off Piste is not responsible (e.g. incorrect delivery address, absence of the recipient, lack of access permit, etc.), the Customer is obliged to place Off Piste in the same financial position as if the delivery had been successful (at least payment of the shipping and packaging costs). In all other respects, Clauses III and IV.5 above shall apply.
VI. INSPECTION
1. the customer has to check the deliveries received from Off Piste immediately after delivery or collection and has to inform Off Piste within three (3) working days in written form or by e-mail about possible defects as well as incomplete deliveries. After unused expiration of this period the deliveries received by Off Piste as well as the extent of the delivery are considered as approved by the customer.
VII. WARRANTY, ESPECIALLY CORK TAINT WINE, AND LIABILITY
1.The warranty period for hidden defects is two years from handover or delivery of the services to be provided by Off Piste.
2. If the Customer finds that a wine bottle purchased from Off Piste is defective (hereinafter "cork taint wine"), this bottle will be replaced by Off Piste under the following conditions (cumulative):
The warranty period (para. VII.1 above) has not yet expired;
the bottle is brought by the customer to Off Piste immediately after discovery of the defect or - after consultation and according to the instructions of Off Piste - sent to Off Piste:
the bottle is at least 2/3 full; and
Off Piste can also detect the error.
3. Off Piste shall replace cork taint wines under the conditions of Clause VII. 2 above with an electronic voucher card in the value of the cork taint wine. This voucher card entitles the Customer to order another wine from Off Piste in the value of the voucher card.
4. Except the items listed in Clauses VII.1 and VII.2 the Customer shall not be entitled to any warranty rights against Off Piste.
5. the contractual and non-contractual liability of Off Piste is, as far as legally permissible, fully excluded. Off Piste is especially not liable for any personal and/or financial damages (direct or indirect or direct or indirect) and/or loss of profit. Off Piste does not take over any liability for damages, which are caused to the customer by third parties, especially by suppliers and/or subcontractors. In any case the maximum amount of warranty and liability of Off Piste is limited to the price of the relevant service of Off Piste.
6. Off Piste makes every effort to ensure that the information provided on the website is complete, up-to-date and correct. For the correctness, completeness and topicality of the information on the website as well as for transmission errors Off Piste takes over however no guarantee and disclaims any liability for resulting damages or inconveniences. The customer acknowledges that Off Piste especially does not take over any guarantee for the contents of linked websites of third parties and any liability of Off Piste is excluded in this respect.
VIII. IMAGES
The images/photographs shown are for reference only. We would like to point out that the actual product may differ from the picture. This applies in particular to the indication of the vintage, which can be read on the wine product photographs. In principle, the information in the product title/product description and product details before the information in the image applies here. If you have any questions, please contact us.
IX. RIGHTS TO CONTENT
1. the website (www.offpistewine.ch) as well as the entire contents of Off Piste accessible via the webshop (in the following "contents") are protected by copyright and other rights. All rights thereto, including ownership and/or usage rights, are held by Off Piste and/or its suppliers/licensors/partners. The website as well as the webshop may contain references to property rights and rights of use of third parties, which must be observed by the customer. The (complete or partial) reproduction, distribution, transmission (electronically or by other means), modification, linking or use of the contents for public or commercial purposes is prohibited without the prior written consent of Off Piste.
X. OTHER PROVISIONS
1. Involvement of third parties
Off Piste is entitled to involve third parties for the provision of services
2. Communication by e-mail
Off Piste is entitled to communicate with the Customer by e-mail. The Customer is aware that e- mails can be read by third parties. The Customer bears all risks in connection with the transmission and delivery of e-mails. In particular, the Customer is responsible for regularly checking his inbox and spam folder. An e-mail from Off Piste is considered delivered to the Customer at the moment it is sent by the servers used by Off Piste to the e-mail address designated by the Customer.
3. Benefit and danger
The benefit and risk of the services to be provided by Off Piste are transferred to the Customer when the services leave the premises of Off Piste or when the Customer is notified that the services are ready for collection (whichever is earlier).
4. Place of performance
The place of performance for all obligations (of the Customer, of Off Piste and third parties) is the registered office of Off Piste.
5. Severability clause
Should any provision of these GTC 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, this shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.
6. Applicable law, place of performance and jurisdiction
7. These GTC shall be governed exclusively by Swiss substantive law. The applicability of the CISG is excluded.
8. All disputes arising out of or in connection with the contract between the parties, including those concerning its valid conclusion, validity, amendment or dissolution, will be settled by the competent courts at the registered office of Off Piste. In addition, the court of the Customer's domicile, registered office or domicile shall have jurisdiction over actions brought by Off Piste and in the cases provided for by mandatory law.
Place of jurisdiction: Basel Stadt