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Terms and Conditions

Dear Wine Lover and Customer,

In order to ensure that our business relationship  is based on a transparent, engaging and respectable foundation we have drawn up the following General Terms and Conditions, which apply exclusively in each case to all purchases (orders) from vinemotion unless an alternative agreement has been concluded between us in writing.
vinemotion is the trade name for the legal person referred to in the "Company Information" section as your business partner.
We hope you have a lot of fun purchasing the products and very much enjoy consuming the wines and olive oils that have been carefully selected by experts.

General Terms and Conditions & Company Information

Correct as of January 2013, Internet-Shop: www.vinemotion.ch

General Terms and Conditions


 

1.       Acceptance of the General Terms and Conditions

With every purchase that you make of the goods from this vinemotion Internet shop www.vinemotion.ch you confirm as a customer that you have read and accepted the General Terms and Conditions printed here (PDF file).

These General Terms and Conditions also apply to contracts of purchase concluded in an alternative manner, e.g. by telephone, fax or letter. Customers are informed in the order confirmation where they can download the General Terms and Conditions on the Internet. If a customer does not agree to the General Terms and Conditions in such cases, he or she can exercise a right of cancellation within 7 days.

The saving of your order file also serves the purpose of confirming your acceptance of the conditions referred to here.

For your information we attach our General Terms and Conditions to our order confirmation in each case.

2.        Protection of Minors

At the same time you confirm as our customer with your order that at the time of placing the order you have reached the minimum legal age of 18 (or a correspondingly higher age if this applies to you according to the law where you are located).

Your stored order also serves as confirmation by you of the conditions referred to here.

3.        Data Protection

As our customer you also confirm with your order that the customer-related data requested by us and submitted by you may only be stored for the purposes of order processing and customer care within the framework of statutory data protection. Conversely, we hereby confirm to you as our customer that we will not sell your data in part or in whole or make it available to third parties in any other manner.

You can at all times submit an objection by e-mail to your data being stored for the purposes of customer care or restrict the extent of the data stored. As our customer you are entitled to request - and we as vinemotion are obliged to comply with your request - to provide you with information free of charge concerning the data stored in your customer account with respect to your person, as well as to correct, block or delete such data.

The statutory obligation to provide proof applies to vinemotion with respect to the storage of data for order processing.

For the dispatch of advertising material, newsletters etc we will obtain your consent separately, and you may withdraw your consent at any time.

In order to protect the personal data with the highest security level during the internet communication between our customer and vinemotion, the web site www.vinemotion.ch" is encrypted by a SSL certificate. Additionally, the supplier undertakes any measure to ensure state-of-the-art security in the systems and programs etc. belonging to the supplier and which the supplier is able to influence.

Your stored order also serves the purpose of confirming your acceptance of the conditions referred to here.

4.        Purchase Agreement

Our product range shown on the website www.vinemotion.ch in the form of images and descriptions is not the actual products themselves; it is therefore possible that the appearance of the items may differ from the illustrations, while the taste descriptions are purely subjective. Any customer assessments are purely subjective opinions of the author concerned and do not necessarily concur with the assessment of vinemotion.

Our range of products represents an invitation to submit an offer, which upon the submission of an offer by the customer becomes a purchase offer on the part of the customer. Only with our order confirmation by e-mail does the purchase contract come into force.

The supplier reserves the right to change its prices at any time. The prices stated on the order confirmation apply for the customer. Insofar as these are higher than on the purchase offer of the customer, the order confirmation is considered to be an offer.

5.        Warranty / Right of Exchange

Our greatest aim is to offer and supply our customers with perfect goods. Nevertheless, in spite of our careful selection and quality assurance process, it is possible for the products offered here to be faulty.

This includes (with plausible evidence) e.g. broken bottles and incorrect delivery as well as corked wines (wines which taste of cork). In this case we grant you the right in conjunction with the purchase contract to cancel the contract or assert a claim for reduction in value. For the purposes of simplified processing we credit the customer with the value of the faulty goods in both cases. If the purchaser wishes to return the goods, we ask that they contact vinemotion beforehand in order to agree on the method of return.

6.        Withdrawal from the Contract

vinemotion reserves the right to withdraw from the contract if it has doubts whether the order is legitimate or the customer is solvent (truthful details, age, solvency, default in payment from a previous order etc.) and refuse to supply the goods. In such cases our e-mail confirmation of the order is followed by our e-mail objection within seven working days of receipt of the order.

7.        Right of Revocation

vinemotion supplies high-quality goods with a customer-friendly service. Should you nevertheless be dissatisfied, end-customers (B2C business) may withdraw from the purchase contract within two weeks of delivery within the framework of the statutory right of cancellation by means of written notification to vinemotion (e-mail), without stating any reasons.
We request that the ordered and delivered goods are then returned undamaged and in full to vinemotion within two weeks of receipt.

The goods may be returned to the address below at the expense of vinemotion:

avant ag :: vinemotion
Via Righetto di sotto 3
CH-6934 Bioggio
Switzerland

Insofar as the ordered and delivered goods are duly returned, your payment will be refunded to you in full without interest within 30 days of receipt of the goods, provided that the goods are returned undamaged to vinemotion within this 30-day period and without any loss to their value as a result of their treatment by you.

8.        Disclaimer

vinemotion cannot be held liable for all further loss or damage resulting from the purchase transaction which is not covered by the cancellation or warranty above, insofar as this is legally permitted.
Furthermore, no claims whatsoever can be asserted against vinemotion due to the temporary non-availability of the Internet site www.vinemotion.ch.

9.        Delivery Terms

The goods are delivered within Switzerland exclusively in accordance with the methods of payment and shipping costs listed in the vinemotion Internet shop, as well as the stated terms of payment. Delivery is effected DDP (Delivered Duty Paid; delivered, customs duty paid; INCOTERMS 2000) from our warehouse in Switzerland.

The delivery periods depend on the method of dispatch and are usually 3 to 5 working days after receipt of the order by vinemotion, or after receipt of payment in the case of advance payment. Insofar as the delivery times are expected to be longer, you will be notified of this by e-mail.

The supplier is put in default by means of a reminder from the purchaser. The purchaser may set a period for subsequent performance. Insofar as this is also not complied with, the purchaser may waive performance with immediate effect and withdraw from the contract. Liability due to late delivery is excluded.

For deliveries within Germany we refer to our German internet shop www.vinemotion.de

10.     Terms of Payment

Delivery is effected in accordance with the method of payment requested by you. As a rule we supply the goods on account, although in the case of new customers we might request payment in advance for the first delivery.

Payment is due within 10 days of delivery and is effected in accordance with the final amount shown on the invoice, including Swiss value-added tax or turnover tax stated on the invoice without further deduction.

Similarly, the method of payment (payment in advance, payment on account, redemption of credit notes) is also shown on the order confirmation or invoice.

The delivered goods remain the property of vinemotion until receipt of the full amount. The purchaser hereby authorises the supplier to record an entry in the retention of title register in accordance with Article 715 of the Swiss Civil Code (ZGB) from the time of conclusion of the contract. The customer shall have the right of offset or retention only in the case of a legally established claim.

11.     Business to Customer (B2C), Business to Business (B2B)

We supply end customers (B2C) within the framework of the mail-order rules in accordance with the above delivery terms and terms of payment. This domestic business is subject to the Swiss value-added tax, which is to be paid by the end-customer. 

Business customers (B2B) active in the gastronomy, hotel or wine business are supplied upon registration and the provision of evidence of a valid Commercial Register extract as retailer in accordance with the above delivery terms and terms of payment. This domestic business is subject to the Swiss turnover tax or exemption.

12.     Reservations

All special offers, discounts and other reductions offered by vinemotion apply only to the stated period or for the respective purchase and cannot be added together.

In spite of careful selection by our wine experts, vinemotion is not able to exclude possible changes to the vintage, price or method delivery, as well as errors. We reserve the right to make such changes but will - insofar as we are aware of these - provide notification thereof.

13.     Place of Jurisdiction / Choice of Law

For all disputes arising out of this business and the underlying purchase contract the place of jurisdiction shall be in Agno in the Canton of Ticino in Switzerland. Swiss law shall apply exclusively to all transactions - subject to mandatory alternative legislation. 

14.     Severability Clause

Insofar as one of the above provisions of the General Terms and Conditions should be or become invalid, this shall not affect the validity of the remaining provisions.

 

Company Information

avant ag :: vinemotion

Post address:
Via Righetto di sotto 3
CH-6934 Bioggio
Switzerland 

CRN:                CH-170.3.030.961-7
VAT Reg No:   672 840

vinemotion is a registered trademark in Switzerland, Germany and the European Community.

 

Contact

www.vinemotion.ch
post@vinemotion.ch
Phone: +41 76 247 04 01
Skype: vinemotion