Terms of service

General terms and conditions for customers of Und Wie GmbH

I. GENERAL

1. Und Wie GmbH (hereinafter "Und Wie") sells products and provides services, in particular via the website www.undwie.ch (hereinafter "website"). These general terms and conditions (hereinafter "GTC") apply to all legal relationships between Und Wie and the purchaser of products and/or services from Und Wie (hereinafter "customer", Und Wie and the customer together hereinafter "parties").

2. Customers within the meaning of these GTC are natural or legal persons who purchase products for their private use. Entrepreneurs who are acting in the exercise of their commercial or independent professional activity when concluding the contract are expressly not customers.

3. The customer guarantees that he is at least 18 years old at the time of his order.

4. Any general terms and conditions of the customer are hereby excluded by the parties.

5. Deviations from these General Terms and Conditions are only valid if they have been agreed by the parties in writing or by email.

6. If special contractual conditions of Und Wie are applicable in addition to these General Terms and Conditions, the special conditions take precedence over these General Terms and Conditions insofar as they contain provisions that deviate from these General Terms and Conditions.

7. Consent to these General Terms and Conditions is given by using or availing of the relevant services; the customer may be asked by Und Wie to repeat his consent to the General Terms and Conditions by clicking on a corresponding confirmation field.

II. ORDERS

1. All offers from Und Wie are not considered an offer, but merely an invitation to the customer to make an offer.

2. By placing an order, the customer makes an offer that is considered a binding offer to Und Wie for two (2) weeks after receipt. At the customer's request, Und Wie can voluntarily cancel the order, whereby this is done as a goodwill gesture on the part of Und Wie and Und Wie is in no way obliged to do so.

3. After receiving an order, Und Wie usually sends a confirmation of receipt to the email address provided by the customer. This confirmation of receipt only serves to inform the customer about his order and has no legal effect.

4. The contract between the parties for the purchase of a service is only concluded when Und Wie provides corresponding services for the customer (e.g. shipping or handing over products to the customer) or sends an order confirmation.

5. All services to be provided by Und Wie are listed in the delivery note and/or the order confirmation from Und Wie.

6. The customer checks the documents created by Und Wie, in particular invoices, delivery notes and order confirmations, within five (5) calendar days of their dispatch (by post or digitally) or handover. The customer notifies Und Wie of any discrepancies during this period, otherwise the documents are deemed to have been approved by him.

III. PROCUREMENT OF PRODUCTS, CANCELLATIONS, CHANGE OF VINTAGE

1. Und Wie is entitled to cancel orders at any time without giving reasons and/or to only partially deliver them. In the event of a partial or complete cancellation of the order, the customer only pays for the partial service actually provided by Und Wie.

2. Und Wie is under no circumstances obliged to procure products or specific vintages of wine.

3. All further claims by the customer arising from the business transactions mentioned in this section III.3 are excluded.

IV. PRICES, COSTS AND PAYMENT AND DELIVERY CONDITIONS

1. All prices are in Swiss francs including VAT.

2. Shipping and packaging costs are charged to the customer separately.

3. Und Wie is entitled to make deliveries in several parts. Such partial deliveries do not result in any additional costs for the customer.

4. The agreed prices, costs, payment and delivery conditions are determined by the invoice from Und Wie or, if such an invoice is missing or incomplete, the order confirmation, or if such an invoice is also missing or incomplete, the prices, costs and payment conditions communicated to the customer upon completion of the order process.

5. Irrespective of the agreed payment method, Und Wie is entitled to deliver or provide orders only against advance payment and to demand such advance payment for delivery even after receipt of the order.

6. Und Wie hereby assigns to the customer any rights that Und Wie may have against the carrier of deliveries to the customer. In return, the customer bears the transport and delivery risk in connection with his orders to Und Wie.

7. Invoices from Und Wie must be paid within the period printed on the invoice (from the invoice date) and without any deductions to the Und Wie account specified on it. Once the payment period has expired, the customer is automatically in default. Und Wie is entitled to the statutory rights of default.

8. Products are only delivered to delivery addresses within Switzerland.

V. DATES

1. All shipping and delivery dates communicated by Und Wie are for the sole purpose of providing guidance to the customer and are not binding.

2. If the dispatch of a delivery (or parts thereof) is delayed by more than ten (10) working days compared to the date communicated by Und Wie, the customer is entitled to waive the delayed part of the delivery. Such a waiver is only valid if it is declared immediately and is received by Und Wie before the delayed part of the delivery is dispatched. Otherwise, the customer has no rights against Und Wie arising from the exceedance of shipping and delivery dates.

3. If a successful delivery is not possible or only possible under difficult circumstances for reasons for which Und Wie is not responsible (e.g. incorrect delivery address, absence of the recipient, lack of access permit, etc.), the customer is obliged to provide Und Wie with the financial position it would have been if the delivery had been successful (including the assumption of (any additional) shipping and packaging costs). In all other respects, Section IV.6 above applies.

VI. INSPECTION BY THE CUSTOMER

1. The customer must inspect the deliveries received from Und Wie immediately after delivery or collection and must notify Und Wie of any defects found and incomplete deliveries within three (3) working days in writing or by email. After this period has expired without being used, the deliveries received from Und Wie and the scope of the delivery are deemed to have been approved by the customer.

VII. WARRANTY, IN PARTICULAR FOR DEFECTIVE WINES, AND LIABILITY

1. The warranty period for hidden defects is two (2) years from the handover or delivery of the services to be provided by Und Wie.

2. If the customer discovers that a bottle of wine purchased from Und Wie has a leak (hereinafter "defective wine"), this bottle will be replaced by Und Wie under the following cumulative conditions: (i) The warranty period (Section VII.1 above) has not yet expired; (ii) the customer brings the bottle to Und Wie immediately after discovering the defect or - after consultation and in accordance with the instructions of Und Wie - sends it to Und Wie; (iii) the bottle is at least 2/3 full; and (iv) Und Wie can determine the defect measurably (a little over 0.5% off-flavor).

3. Under the conditions of Section VII.2 above, Und Wie will replace faulty wine with a voucher from Und Wie for the value of the faulty wine. This voucher card entitles the customer to order a different wine from Und Wie for the value of the voucher card.

4. With the exception of the rights to defects mentioned in Sections VII.1 and VII.2, the customer has no warranty rights against Und Wie.

5. The contractual and non-contractual liability of Und Wie is completely excluded to the extent permitted by law. In particular, Und Wie is not liable for personal injury and/or financial loss (direct or indirect or indirect or immediate) and/or lost profits. Und Wie accepts no liability for damages caused to the customer by third parties, in particular by suppliers and/or subcontractors. In any case, the maximum amount of the warranty and liability of Und Wie is limited to the price of the relevant service from Und Wie.

6. Und Wie endeavors to ensure that the information provided on the website is complete, up-to-date and correct. However, Und Wie does not guarantee the accuracy, completeness and timeliness of the information on the website or for transmission errors and rejects any liability for damages or expenses resulting therefrom. The customer acknowledges that Und Wie in particular does not guarantee the content of linked third-party websites and that any liability on the part of Und Wie in this regard is excluded.

VIII. PERSONAL DATA

1. Und Wie treats personal data confidentially, carefully and for the intended purpose. Details on the use of personal data are regulated in the Und Wie privacy policy (hereinafter "privacy policy").

IX. RIGHTS TO CONTENT

1. The website (www.undwie.ch) and all of Und Wie's content accessible via the webshop (hereinafter "content") are protected by copyright and other laws. All rights thereto, including ownership and/or usage rights, are held by Und Wie and/or its suppliers/licensors/partners. The website and the webshop may contain references to third-party protection and usage rights that the customer must observe. The (complete or partial) reproduction, distribution, transmission (electronically or by other means), modification, linking or use of the content for public or commercial purposes is prohibited without the prior written consent of Und Wie.

X. ADDITIONAL PROVISIONS

1. Und Wie is entitled to involve third parties in the provision of services, in particular other wine merchants.

2. The customer waives the right to offset claims against Und Wie.

3. Und Wie is entitled to communicate with the customer by email. The customer is aware that emails can be read by third parties. The customer bears all risks associated with the transmission and delivery of emails. In particular, the customer is responsible for regularly checking his inbox and spam folder. An email from Und Wie is deemed to have been delivered to the customer at the moment it is sent by the servers used by Und Wie to the email address specified by the customer.

4. Benefit and risk of the services to be provided by Und Wie are transferred to the customer when the services leave the Und Wie headquarters or when the customer is notified that they are ready for collection (whichever is earlier).

5. The place of performance for all obligations (of the customer, Und Wie and third parties) is the registered office of Und Wie.

6. If a provision of these terms and conditions is or becomes invalid or void, this shall not affect the validity of the remaining provisions. In the event of the invalidity or voidness of a contractual provision, it shall be replaced by an effective one that comes closest to the economic purpose of the invalid provision.

7. These terms and conditions are subject exclusively to Swiss substantive law. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded. All disputes arising from or in connection with the contract between the parties, including those concerning its valid formation, legal validity, amendment or termination, shall be decided by the competent courts at the registered office of Und Wie. For lawsuits by Und Wie and in cases required by law, the court at the customer's place of residence, registered office or domicile shall also have jurisdiction.

(Version July 2024)