GTCs and customer information

1st SCOPE
1.1. Our range of goods in the online shop is aimed at consumers with their habitual residence and a delivery address in Switzerland or the Principality of Liechtenstein (hereinafter referred to as ‘Customers’).

1.2. Operator of the online shop at www.dibennardo.com (hereinafter referred to as the ‘Online Shop’) and your contractual partner is:
        Di Bennardo AG
Morgartenstrasse 5
8004 Zurich

1.3. These General Terms and Conditions (hereinafter referred to as ‘GTCs’) apply to all contracts concluded between you as the customer and us as the operator of the online shop (hereinafter referred to as ‘Seller’ or ‘Di Bennardo AG’). As part of the ordering process, you accept the GTC in the version valid at the time of placing the order. All verbal and telephone agreements must be confirmed in writing in order to be binding. The written form requirement is also met if a statement is included in an e-mail.


2. CONCLUSION OF CONTRACT
2.1. The offer to conclude a purchase contract is made by the customer by clicking the ‘Buy now’ button after completing the order page in full. The customer remains bound to the order for one week. The contract becomes binding if we accept the order within this period in accordance with item 2.3.

2.2. After submitting the order, the customer receives an automated e-mail with which we confirm receipt of the order (order confirmation). The order confirmation serves only to inform us that we have received the order.

2.3. A contract is only valid when we declare acceptance of the contract. We declare acceptance of the contract by issuing an invoice to the customer, confirming the order (order confirmation), confirming by e-mail that the goods have left our warehouse (dispatch confirmation) or by delivery of the goods at the latest.

2.4. The contract is concluded only for those items which are expressly listed in our invoice, order confirmation or shipping confirmation. This also conclusively determines the scope of services.

2.5. The contract is concluded in German. The data stored by us serves as proof of the conclusion of the contract and the transaction.

2.6. The customer has the option to print out the order and the data entered during the ordering process. It is also possible to open a customer account. The order data can be viewed in the customer account after entering the personal access data. Di Bennardo AG reserves the right to block customer accounts without stating reasons at its own discretion.


3. PRICES AND SHIPPING COSTS
3.1. All prices are net in Swiss francs (CHF) including VAT and
copyright fees. The prices, conditions and vintages indicated on the website are subject to change, with the effective date being the date of the order. Price differences between products offered online and products in bricks-and-mortar retail are possible. There is no entitlement to a subsequent price adjustment or credit. There are also local, regional and national promotions, discounts and price reductions on bricks-and-mortar products that cannot be offered identically online. There is no entitlement to a subsequent price adjustment or credit.
3.2. The delivery costs are calculated as follows: Orders under CHF 100.00 will incur shipping costs of CHF 9.90.


4. PAYMENT & RETENTION OF TITLE
4.1. Payment of the purchase price can be made by credit card (VISA, Mastercard and American Express), Paypal, Twint or invoice, if provided and available on the website. When paying by credit card, the data is transmitted in encrypted form.

4.2. If there is no objection to our invoices within 14 days of the invoice date, the balance shown shall be deemed to have been approved. The invoice amount is due within 30 days of the invoice date. In the event of default, we charge default interest of 1.17% per month on the outstanding amount. We also charge a reminder fee of CHF 30 for each reminder,
which is added to the outstanding amount plus interest on arrears.

4.3. As a customer, you are only entitled to rights of set-off or retention insofar as the claim is legally established or undisputed. This does not affect your counter-rights in the event of defects in the delivery.
4.4. Until full payment of the respective invoice amount of a delivery (final and unconditional credit of the total purchase price), we reserve the title to the delivered goods in any case. The Seller is entitled to make a corresponding entry in the retention of title register.

4.5. Please note that our webshop is primarily geared towards the needs of our private customers. For this reason, we are unable to issue invoices, receipts or VAT statements for your online order retroactively.


5. DELIVERY & TRANSFER OF RISK
5.1. The Seller limits the deliveries to the territory of Switzerland and the Principality of Liechtenstein. Delivery shall be made directly to the delivery address and contact person provided by the Buyer.

5.2. Delivery is subject to timely and proper self-delivery by our suppliers. Delay in delivery shall not occur in the event of force majeure such as strikes and other industrial action measures, riots, natural disasters or in the event of a supply block by the manufacturer or sub-supplier. The Seller is not liable for delivery delays caused by manufacturers or third parties.

5 March If not all ordered goods are in stock, we are entitled to make partial deliveries. If, after conclusion of the contract, it becomes apparent that goods cannot be delivered either in part or in whole for reasons beyond the Seller’s control, the Customer is entitled to withdraw from the contract.

5.4. Our payment is a consignment debt and is fulfilled upon handover to the transport person. After dispatch, the risk of accidental deterioration and accidental loss of the goods passes to the customer. We are not liable for any fault on the part of the transport company used.

5.5. The delivery times stated in the Online Shop or in our order confirmation in accordance with section 2.3 are calculated from the time of our order confirmation.

6. DUTY TO INVESTIGATE AND NOTIFY, LIABILITY FOR DEFECTS
6.1. You are obliged to inspect the delivered products as soon as practicable in the normal course of business and to notify our customer service department immediately at info@dibennardo.ch if any defects are detected. If you do not do so, the products shall be deemed to have been approved. Approval shall be deemed to have been given in all cases unless the Customer submits a notice of defects by e-mail within eight days of delivery.

6.2. Defects that were not recognisable upon proper inspection in accordance with the preceding paragraph must be reported to our Customer Service immediately after discovery by e-mail to info@dibennardo.ch; otherwise, the ordered products shall also be deemed to have been approved with regard to these defects.

6.3. The defective product must be returned with a copy of the invoice and a detailed description of the defect. The return address will be communicated to the purchaser by e-mail after receipt of the written complaint. The transport costs incurred shall be borne by the customer.

6.4. We provide a guarantee by rectifying defects. At our option, this is done either by means of supplementary performance, i.e. elimination of a defect (repair) or delivery of a defect-free item (replacement delivery). Replaced products become the property of the Seller.

6.5. If the subsequent performance fails, the customer is entitled to withdraw from the contract. This does not apply in the event of minor defects. The right of the customer to a reduction is excluded. This exclusion of liability also extends to all claims that compete with the warranty rights, whether those arising from a contract (Art. 97 et seq. Swiss Code of Obligations), tort (Art. 41 et seq. Swiss Code of Obligations), contesting the contract due to error (Art. 23 et seq. Swiss Code of Obligations), etc.

6.6. The warranty does not cover normal wear and tear, the consequences
of improper handling or damage by the buyer or third parties, or defects caused by external circumstances:

• Soiled or damaged products in particular are excluded from the warranty.
  
  
• Incorrect storage or incorrect assessment of the drinking maturity (i.e. premature/delayed.

Consumption is not considered warranty claims.


7. RIGHT OF RETURN
7.1. Purchased products cannot be returned, as they are perishable consumables.


8. LIABILITY
8.1. All cases of breaches of contract and their legal consequences as well as all claims of the customer, regardless of the legal basis for them, are governed conclusively in these GTCs. Other claims of the Buyer – irrespective of the legal basis – are excluded to the extent permitted by law. The Seller, its auxiliaries and any vicarious agents are not liable for damage that has not occurred to the goods themselves, in particular for consequential damage caused by defects, lost profits or other financial losses incurred by the Buyer.


9. SALES OF ALCOHOLIC BEVERAGES
9.1. In our online shop, we generally do not sell alcohol to young people under the age of 18. By submitting their order, the buyer confirms that they are at least 18 years of age in order to comply with these regulations and legal requirements.

9.2. When placing an order, each customer must specify their date of birth as a mandatory field in the check-out process under ‘Billing and delivery address,’ i.e. provide the corresponding proof of age.


10. DATA PROTECTION
10.1. The collection and processing of customers’ personal data by the Seller is explained in the privacy policy. This forms an integral contractual component of these GTCs. You can find the privacy policy here.

10.2. The customer hereby consents to the storage of the personal data entered by him in the context of the use of the website. This also applies to the storage of IP addresses that are transmitted each time the website is used. The customer also consents to the use of personal data for the personalisation of advertisements and product offers on the website
. Personal data is not disclosed
to advertisers.

10.3. The Customer also agrees that the Seller may use personal data of the Customer for direct marketing purposes. This includes addressing customers via e-mail and post.

10.4. By accepting the GTCs, the customer confirms the accuracy of the information provided and authorises Di Bennardo AG to obtain all information necessary to verify the order from public authorities, credit agencies and the Central Credit Information Office (Zentralstelle für Kreditinformationen, ZEK). Existing customers are also checked at regular intervals at the above-mentioned locations.


11. SEVERABILITY CLAUSE & RESERVATION OF AMENDMENTS
11.1. Should individual provisions of these GTCs be invalid or incomplete or should fulfilment become impossible, this shall not affect the validity of the remaining provisions. The contractual partners undertake to replace the invalid provision with a permissible valid provision that comes as close as possible to the original intention and the economic purpose pursued thereby.

11.2. All changes or additions to these GTCs must be in a form that allows proof by text, such as fax and email. This also applies to changes to the written form requirement. As soon as the Customer makes use of the Seller’s services after the change, it implicitly agrees to the new GTCs.

11.3. Different contractual terms and conditions of the customer, including those which the customer declares to be applicable together with the acceptance of the contract, do not form part of the contract. They are only valid if and to the extent that they have been expressly accepted by the Seller in writing.


12. APPLICABLE LAW / PLACE OF JURISDICTION
Swiss law shall apply exclusively, to the exclusion of the conflict-of-law rules of the Vienna Convention on the International Sale of Goods. The place of jurisdiction is the ordinary courts at the Seller’s registered office.

13 CONTACT

Di Bennardo AG
Morgartenstrasse 5
CH – 8004 Zurich

Tel. 0041 44 451 04 65
info@dibennardo.ch

Zurich, 14 April 2019