A. Prices Prices are net, do not include VAT and taxes, they are ex-winery in Torricella (Switzerland) in Swiss francs per bottle. Any delivery costs, duties and VAT will be charged, if any, at the time of shipment (see paragraph E). Prices in foreign currencies on the website other than Swiss francs are for information purposes only and do not represent any offer by Wine & Spirits Broker nor any binding conversion rate. All wines are offered subject to the movement of the market and the remaining unsold.
B. Payment All prices are net and payment is due upon receipt of invoice and before shipment. All invoices must be paid without deductions, including any bank charges that can be deducted. Late and overdue payments are subject to a commission of interest. The interest expense will mature 20 days from the date of the invoice. Any deductions made will be debited. Wine & Spirits Broker will only accept payments by bank transfer in Swiss francs / euro on their respective accounts. In case of non-payment or partial payment of an account within the specified terms, we reserve the right to cancel and charge a penalty of 20% of the amount due.
C. Property Wine & Spirits Broker will remain the owner of the property until full payment. No delivery of goods will be allowed until full payment of the sums received. Paid orders can be held against all pending expired invoices until all accounts have been paid.
D. Quality, defects and notification of defects Wine & Spirits Broker undertakes to preserve and properly preserve the wines in its possession but is not responsible or responsible for the status and conditions of the wines or if the wine corresponds to the quality that one might expect from its description According to the provisions of the Swiss Wine Trade Association, defective bottles will be replaced only if it is a Swiss or foreign wine bottled in Switzerland and within one year of the purchase of the goods. Foreign wines bottled in the country of production or elsewhere will not be replaced or credited. Wine Spirits Broker Sagl must be notified of any defects or irregularities no later than 10 days from receipt of the goods.
E. Delivery The buyer must collect the ordered goods within 30 days of receipt of the invoice. After this period, the wines will be stored in the cellar of Wine & Spirits Broker, at the expense of the purchaser. A copy of these terms and conditions will be available at the request of the purchaser. The buyer can request Wine & Spirits Broker to organize the delivery to Switzerland at the expense of the purchaser. Confirmation of delivery must be in writing. In this case, the goods will be delivered at the risk of the purchaser.
F. Purchase Orders Orders placed in writing can be sent by e-mail or by any other electronic method. Orders made verbally will be confirmed with an invoice. Any discrepancies must be communicated to Wine Spirits Broker Sagl within 5 days. Wine & Spirits Broker has the right to cancel the order or change prices due to any delay in payment or any increase in taxes, duties or shipping costs. No reminder or “payment notice” will occur.
G. Age Limits By placing an order with Wine & Spirits Broker, the buyer confirms that he meets the minimum legal age for the purchase of alcohol in the country in which he lives. If Wine & Spirits Broker discovers that the buyer does not have the legal right to purchase alcohol, Wine & Spirits Broker will have the right to cancel the order immediately and without notice.
H. Responsibility Wine & Spirits Broker is not liable for any defect in the products, except for the right to replace in accordance with paragraph D of these Terms and Conditions. The responsibility of Wine & Spirits Broker for any other failure to fulfill its obligations is limited to damages caused by gross negligence or intent.
I. Applicable law All contracts are governed by Swiss material law, with the exception of regulations of private international law.
L. Jurisdiction Any dispute arising from or in connection with this contract will be judged exclusively by the competent court of Lugano. Wine & Spirits Broker also has the right to assert its rights before the courts of the competent jurisdiction of the purchaser. The buyer declares to elect Torricella (Switzerland) as a special domicile in accordance with article 50 par. 2 of the Federal Law on Debt Collection and Bankruptcy (Federal Bankruptcy Act, RS 281.1).