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Article 1 SCOPE
1.1 The General Terms and Conditions of Sale govern the business relations between the company MOSCAVINS SA and the Internet user, hereinafter called the client.
The use hereinafter of the masculine form in relation to client naturally includes women as well as men.
1.2 The dispatch of the order to the client implies his acceptance of these General Terms and Conditions of Sale in their entirety, with the exclusion of all other terms and conditions. The client declares that he has the capacity to contract with MOSCAVINS SA on the basis of these General Terms and Conditions of Sale. The client warrants that all the information provided is correct.
1.3 Only persons who possess legal capacity may register on the website www.moscavins.ch, online shop. The data required for registration must be complete and truthful. Each client is responsible for updating his own data.
Article 2 PRODUCTS
2.1 The products sold are described on the website www.moscavins.ch. The specifications and descriptions are given as guidance only and do not constitute contractual documents. The photos that appear on the website www.moscavins.ch are for illustration only and do not form part of the contractual terms and conditions. MOSCAVINS SA assumes no responsibility whatsoever for any errors or omissions in connection with the images or instructions that appear in its online shop.
2.2 The quality of the goods sold is impeccable. The products are marketed without any warranty other than that of the manufacturer.
2.3 The presentation of the products does not constitute a binding offer but an invitation to order. We reserve the right to change the vintages according to the availability of stock. If a vintage is sold out, we will, if possible, deliver the next year's vintage.
2.4 The sale of beer, wine and cider to young people under the age of 16 is prohibited. The sale of distilled beverages to minors under the age of 18 is prohibited. By accessing our offers, you declare that you are 18 years old.
Article 3 PRICES
3.1. The prices shown on the website www.moscavins.ch include VAT at the rate in force when the order is placed. Prices are quoted in Swiss francs and are exclusive of shipping costs.
3.2. MOSCAVINS SA reserves the right to change its prices at any time. However, the price invoiced for the delivered products is the price that is valid on the order date. This price is stated on the acknowledgement of order sent to the client.
3.3. The promotional discounts offered in the context of advertising campaigns on the website www.moscavins.ch will be deducted directly from the amount invoiced.
Promotional discounts, loyalty points and any other type of promotions are only valid in connection with a reduction of a future invoice.
The loyalty points, promotional discounts and credit notes are valid for a maximum of twelve months from their date of issue and will expire without compensation and without prior notice.
3.4. Product offers are not valid unless they are visible on the website www.moscavins.ch and are subject to availability, while stocks last.
3.5 MOSCAVINS SA reserves the right to change its prices as well as its terms and conditions at any time without notice.
3.6. MOSCAVINS SA cannot under any circumstances be held responsible for a computer bug that changes the price of one or more articles without its knowledge. MOSCAVINS SA accordingly reserves the right to cancel an order if the amount is at variance with the prices normally quoted for the products and/or shipping costs.
Article 4 ORDER
4.1. The order will become binding upon acceptance by MOSCAVINS SA. The client will receive an acknowledgement of order by e-mail.
4.2. In exceptional circumstances, in particular insolvency or provision of incorrect information, MOSCAVINS SA reserves the right to reject the order placed by a client.
4.3 Moscavins SA cannot under any circumstances be held responsible for a computer bug that changes the order without its knowledge. Moscavins SA accordingly reserves the right to cancel an order if the amount is at variance with the prices normally quoted for the products and/or shipping costs.
Article 5 PAYMENT
5.1. The client has the option of making payment by credit card (EuroCard/MasterCard or Visa), bank transfer, Postfinance (Postcard or E-Finance account). This method of payment is only available for orders that are placed on Swiss territory.
5.2. MOSCAVINS SA reserves the right to ask new clients or a client with an outstanding balance to pay for the order in advance.
Article 6 SECURE PAYMENT AND DATA PROTECTION
6.1. All payments are made securely. The data entered for payment are encrypted (https) and forwarded to our financial institute in a secure manner in accordance with the PCI Data Security Standard. MOSCAVINS SA has no possibility whatsoever of accessing such data.
6.2. The use of personal data relating to the client by MOSCAVINS SA complies with the legislation in force, in particular with the data protection law. These data are processed in a confidential and secure manner.
6.3. MOSCAVINS SA will only process and store the data that it requires to provide and invoice its services. The stored personal data will enable the client to purchase new articles and ensure the smooth progress of the commercial transaction. Under no circumstances will such data be forwarded to third parties.
6.4. Google Analytics: this website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). This service uses cookies to enable the website to track the movements of its users. You may deactivate the cookies by selecting the appropriate settings on your browser. However , if you select these settings you may be unable to access certain parts of this website.
Article 7 DELIVERY
7.1. Deliveries are made solely on the territory of Switzerland and Liechtenstein.
The products are sent to the delivery address indicated by the client during the ordering process. By placing the order, the client acknowledges that he has read, understood and accepted the General Terms and Conditions of Sale.
7.2. For deliveries in Switzerland and Liechtenstein, the products are delivered by Swiss Post or by other forwarding agents.
As a general rule, articles are available and are delivered within 3 to 8 working days. The client will be informed by e-mail if an article cannot be delivered
7.3. There are no deliveries on Sundays or on national and cantonal holidays in Switzerland.
7.4. The delivery deadlines indicated by MOSCAVINS SA are provided for guidance only. MOSCAVINS SA will endeavour to adhere to the delivery deadlines. However, the client is not permitted to cancel the order on the grounds of non-adherence to the delivery deadlines, nor will such non-adherence give rise to a claim for compensation or a late delivery penalty.
7.5. MOSCAVINS SA is not responsible for the theft of the goods once they have been posted. If there is any doubt about the security of the post box, it is incumbent upon the client to request recorded delivery.
Upon delivery of the goods or deposit thereof at the domicile of the client, the benefits and risks (in particular of theft, damage by third parties, bad weather) are transferred to the client.
7.6. Delivery notes and invoices will be sent by e-mail whenever possible.
Article 8 PACKAGING
8.1. The client is responsible for disposing of glass bottles, irrespective of whether they are returnable, as well as boxes and packaging.
Article 9 SHIPPING COSTS
9.1. Packaging and shipping costs are payable by the client. They are listed under the heading “shopping basket” on the order form and are calculated according to the weight of the parcel(s).
9.2. The shipping costs for Switzerland are charged at a fixed rate in accordance with the type of delivery chosen and the weight of the articles ordered. We would ask you to refer to the heading “TERMS OF DELIVERY” for more information.
9.3. If products are not available on the delivery date, they will not be sent at a later date nor will they be substituted by other products. The quantity actually delivered will be indicated on the delivery note as well as on the invoice. The client may not claim compensation or damages for missing articles or reduced quantities.
If an invoiced article cannot be delivered, the corresponding amount will be refunded to the client. There will not be a new delivery and the client will be unable claim damages.
Article 10 PROPERTY
10.1. The goods will remain the property of MOSCAVINS SA until the invoice is paid in full.
Article 11 RIGHT OF RETURN
11.1. The client is responsible for inspecting the goods upon delivery. If the goods are unfortunately delivered to the client in a poor condition, MOSCAVINS SA will resolve the matter upon submission of proof, namely a photo of the damaged goods and reasons sent by e-mail within 48 hours.
11.2 If the client mistakenly places an order, the goods will not be taken back or refunded.
11.3 Please note that there is no bottle exchange in case of corked wine.
Article 12 APPLICABLE LAW AND JURISDICTION
12.1 These General Terms and Conditions of Sale as well as the contracts concluded in pursuance thereof are governed by Swiss law.
12.2 Any disputes arising hereunder shall be settled before the competent court at the principal place of business of the company MOSCAVINS SA, Av. de Gilamont 56, 1800 Vevey, Switzerland. E-mail: [email protected].
Article 13 CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE
13.1. These General Terms and Conditions of Sale may be changed at any time by MOSCAVINS SA.
13.2. It is incumbent upon clients to keep up to date with the content and any changes to these General Terms and Conditions of Sale.