General terms and Conditions

Version 1.0 of 28 October 2020

  1. General information
    1. Winemaker World SA ("Winemaker.com") operates a platform for the marketing of vineyards and their products. These General Terms and Conditions ("GTC") apply to all legal relationships between Winemaker.com and the purchaser ("Customer") of products and/or services ("Products") from Winemaker.com.
    2. Winemaker.com offers Customers Products for private use in customary quantities in commerce. The delivery area is limited to Switzerland and the Principality of Liechtenstein.
  2. Conclusion of contract
    1. All offers from Winemaker.com are without obligation and can be changed or discontinued by Winemaker.com at any time.
    2. Upon completion of the order process via the platform with the confirmation "Order now", the Customer submits an offer to Winemaker.com which is binding for the Customer for at least ten days and thereafter until revocation. The contract between Winemaker.com and the Customer shall only come into effect when Winemaker.com sends the Customer an order confirmation or, if earlier, provides services to the Customer (e.g. by shipping or handing over Products to the Customer).
    3. The law prohibits the sale of spirits, aperitifs and alcopops to persons under the age of 18 and of wine, beer and cider to under the age of 16. The Customer guarantees that he/she complies with the legal requirements at the time of ordering. Winemaker.com also requests proof of age during the ordering process and/or upon delivery.
    4. The services provided by Winemaker.com as well as prices and costs are listed in the Winemaker.com order confirmation. The Customer is obliged to notify Winemaker.com of any discrepancies immediately (within 5 days at the latest) in writing or by e-mail (to [email protected]). Otherwise, the order confirmation shall be deemed to have been approved by the Customer.
    5. Winemaker.com shall be entitled to cancel orders in whole or in part at any time up to delivery or handover without giving reasons. In this case, the Customer shall be refunded or not be charged for any amounts already paid for the cancelled Products.
    6. Winemaker.com is under no circumstances obliged to purchase products or specific vintages of wines.
    7. If Winemaker.com intends to deliver a different vintage of a Product than the one ordered, Winemaker.com shall inform the Customer of the replacement vintage. The Customer shall inform Winemaker.com within 14 days of this notification whether he/she agrees with the replacement vintage offered. If Winemaker.com does not receive a message from the Customer within this period, this shall be deemed to be a cancellation of the Product concerned. Winemaker.com will not charge the Customer the amount for the cancelled part of the order or issue a credit note.
  3. Prices
    1. The prices published on Winemaker.com at the time of the order apply, subject to change at any time. The prices are indicated in Swiss Francs (incl. VAT). Paragraphs 23 et seqq. apply to shipping costs.
    2. Only one discount can be redeemed per order. The accumulation of several discounts and/or other promotions is excluded. Discounts cannot be redeemed after the order has been completed. A cash payment of discounts is excluded.
    3. There is no minimum order quantity and no minimum order amount. For orders of less than 6 bottles, a small quantity surcharge of CHF 12 is applied.
    4. The Customer can order any number of bottles as long as the corresponding stock is shown and available. Winemaker.com reserves the right to make adjustments to the order quantity in the event of unforeseen delivery bottlenecks.
  4. Defects, complaints and cone wines
    1. The Customer checks the delivered Products immediately after delivery or handover. Any defects, incomplete or incorrect deliveries must be reported to Winemaker.com in writing or by e-mail (to [email protected]) within 5 days of delivery or handover. Otherwise, the Products shall be deemed to have been approved by the Customer.
    2. The warranty period for hidden defects existing at the time of delivery or handover is 2 years from delivery or handover of the Products.
    3. If the Customer discovers defects in the Products delivered, Winemaker.com shall decide at its own discretion whether to issue a credit note for the amount of the order price of the Products concerned or to replace the Products concerned. The Customer shall be obliged to return the affected Products in advance. Winemaker.com may, at its own discretion, waive the right to return the Products.
    4. If the Customer discovers during consumption that the wine in a bottle delivered to him/her by Winemaker.com is faulty ("corked wine"), this bottle shall be replaced by Winemaker.com under the following cumulative conditions: (1) The Customer reports the defect to Winemaker.com immediately after discovery and returns the faulty bottle after consultation and in accordance with Winemaker.com's instructions, (ii) the returned bottle is at least 2/3 full with the original Product, (iii) Winemaker.com can also detect the fault and (iv) the warranty period (paragraph 15) has not yet expired at the time of reporting. Winemaker.com shall replace the bottles under the conditions of this clause 17by a voucher in the amount of the order price of the wine with a validity of 12 months from the date of issue. This voucher entitles the Customer to order Products from Winemaker.com to the value of the voucher.
    5. With the exception of the defect rights mentioned in paragraphs 14-17, the Customer shall have no warranty or defect rights against Winemaker.com.
  5. Payment
    1. The methods of payment offered at our own discretion are the ones available at the time of ordering on the platform of Winemaker.com. Products are in principle to be paid in advance. During the ordering process, Winemaker.com is entitled to compare the Customer's data with a creditworthiness database on the basis of the contact details entered by the Customer in order to enable payment on account.
    2. In case of advance payment, the invoice amount is to be transferred within 5 days to the bank account indicated by Winemaker.com. Otherwise, invoices are to be paid within 14 days without deductions or offsetting. In the event of late payment, interest on arrears shall be owed at a rate of 5% p.a. from the due date. Winemaker.com may charge reminder fees of CHF 20 per reminder. The right to do so is reserved in paragraph 21.
    3. Winemaker.com may commission third parties with the payment process and the collection and/or assign claims to third parties. In the event that a third party is commissioned to collect debts due (generally from day 70 after the invoice date), Winemaker.com is also entitled to charge the following processing fees, depending on the amount of the debt due: CHF 20 (for claims up to CHF 20); CHF 40 (claims up to CHF 50); CHF 70 (claims up to CHF 100); CHF 90 (claims up to CHF 150); CHF 119 (claims up to CHF 250); CHF 165 (claims up to CHF 500); CHF 278 (claims up to CHF 1,500); CHF 418 (receivables up to CHF 3,000); CHF 1,070 (receivables up to CHF 10,000); CHF 1,480 (receivables up to CHF 20,000); CHF 2,628 (receivables up to CHF 50,000); 6% of the receivable for receivables over CHF 50,000.
  6. Retention of title
    1. The Products remain the property of Winemaker.com until full payment has been received. Before transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the consent of Winemaker.com. Winemaker.com is entitled to make an entry in the register of reservation of title.
  7. Shipping and collection
    1. Winemaker.com organizes the shipment of the Products and is free to choose the carrier. Delivery is made to the delivery address provided by the Customer, subject to access roads, in principle to the front door.
    2. The amount of the delivery charges is determined by Winemaker.com. It is always stated in the order process and depends on the selected shipping method and the order value, less any vouchers and/or discounts.
    3. Up to an order amount of CHF 150 per vineyard the shipping costs will be charged to the Customer. For higher order amounts per vineyard, Winemaker.com will usually bear the shipping costs.
    4. If delivery is delayed by more than 5 days compared with the date stated in the order confirmation, the Customer shall be entitled to cancel the order by immediate written notification or by e-mail to Winemaker.com. Further rights, including, without limitation, claims for damages, of the customer are excluded.
    5. Winemaker.com is entitled to make deliveries in several parts. Such partial deliveries shall not result in any additional costs for the Customer.
    6. If, for reasons beyond the control of Winemaker.com (e.g. wrong delivery address), successful delivery is not possible or only possible under difficult circumstances, Winemaker.com is entitled to cancel the order and/or charge the Customer for any additional costs incurred.
    7. Winemaker.com may, at its own discretion, offer on the platform the Customer the possibility of collecting the Products ordered directly from the vineyard. If the Customer chooses the option of collection, the Customer will not be charged any shipping costs. Subject to any differing information on the platform, collection by the Customer is possible during normal business hours between 08:00 and 18:00 hours on working days. If the order is placed by the Customer before 1:00 p.m., the Products can, as a rule and subject to deviating information, be made available for collection at the collection location on the following working day.
  8. Limited right of return
    1. Wines and other food and beverages are excluded from the right of return. Other Products can be returned undamaged, in original packaging and unused to Winemaker.com within 14 calendar days of receipt or collection. Provided that such Products are returned to Winemaker.com undamaged, in their original packaging and unused, Winemaker.com will credit the Customer for the amount paid for the returned Products; otherwise the Customer is not entitled to a credit note. The Customer shall bear the costs of returning the Products. Paragraphs 14-17 remain reserved.
  9. Customer data
    1. The Privacy Policy of Winemaker.com applies in its current version, which is available at winemaker.com. The data protection declaration contains information about the processing of personal data by winemaker.com.
  10. Customer account
    1. The Customer is obliged to treat the access data to his/her customer account on the platform as confidential. Winemaker.com accepts no responsibility for misuse of the access data by third parties.
  11. Disclaimer
    1. Unless otherwise provided in these terms and conditions, the contractual and non-contractual liability of Winemaker.com is excluded in full to the extent permitted by law.
  12. Amendment of the General Terms and Conditions
    1. Winemaker.com can change the terms and conditions at any time. The amended GTC shall take effect on the date determined by Winemaker.com. Any orders outstanding at that time shall remain unaffected by the change. These orders shall be processed in accordance with the previous GTC.
  13. Final provisions
    1. Winemaker.com supplies Customers solely on the basis of these GTC. General terms and conditions and other conditions of the Customer shall not apply. Agreements that deviate from or supplement these GTC shall only be valid if they are agreed by the parties in writing or by e-mail.
    2. Should any provision of these GTC be or become invalid or void, the validity of the remaining provisions shall not be affected. In the event that a provision is or becomes invalid or void, it shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.
    3. The place of performance for all obligations is the registered office of Winemaker.com.
    4. Winemaker.com sends messages to the Customer to the e-mail or postal address stored by the Customer in the customer account. Notifications of the Customer shall be sent to the postal address or e-mail address of Winemaker.com published on the platform.
  14. Applicable law and place of jurisdiction
    1. This contract is governed by the substantive law of Switzerland, excluding the Vienna Convention on the International Sale of Goods of 11 April 1980.
    2. The exclusive place of jurisdiction for all disputes, claims or disagreements arising between Winemaker.com and Customers under, out of or in connection with the contract between the Customer and Winemaker.com (or subsequent amendments thereto), including but not limited to disputes, claims or disagreements concerning its existence, validity, interpretation, performance, breach or termination, shall be the courts of the city of Zurich, Switzerland.
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