1. General
The present terms and conditions (Terms and Conditions) govern the relationship between Scutella Wine Importers and Distributors, Zelgstrasse 12, 8134, Adliswil (hereinafter referred to as “Scutella Wines” or “us”), and you as a customer (hereinafter referred to as “customer”, “buyer” or “you”) as the basis for a fair relationship between us.
By using this website or submitting an order, the customer agrees to these terms and conditions.
In the event of any inaccuracies and/or discrepancies between the various language versions of these Terms and Conditions, the English version shall prevail. The German and French translations are for information purposes only. By accepting these Terms and Conditions, the customer automatically accepts the terms and conditions expressed in the original text in the English language.
The customer guarantees that they are at least 16 years old at the time of their order.
2. Scope
Our range of wines available www.scutellawines.ch are offered solely to customers within Switzerland and the Principality of Liechtenstein. Scutella Wines reserves the right, in its sole discretion, to change these Terms and Conditions at any time. Conflicting or deviating conditions of the customer are not recognized under these Terms and Conditions.
3. Website
This website contains information about the products and services of Scutella Wines. Price, wine range changes and technical changes are reserved. All information on www.scutellawines.ch (including, but not limited to, descriptions of products, weights, volume, specifications and other information) are for illustration purposes only and are to be understood as proximity values which are not binding. In particular, they are not an assurance of properties or guarantees, unless it is explicitly mentioned otherwise under these Terms and Conditions.
All offers on our website are considered non-binding and are not to be understood as binding offers until a contract is concluded as per the conditions under section 4 of these Terms and Conditions.
Scutella Wines does not make any assurances or guarantees of any kind for the timeliness, completeness and correctness of the data nor for the constant availability of the website, its functionalities and other content. In particular, Scutella Wines does not make any assurances or guarantees of any kind that no rights of third parties are violated by using the website which are not owned by Scutella Wines.
4. Conclusion of Contract
You as the customer make the legally binding offer to conclude a contract with us by clicking on the “[Buy] or [Purchase] or [Submit order]”, including the acceptance of these Terms and Conditions, after completing an order on the checkout page. The contract is binding, without any right of withdrawal or return, if we accept the order in accordance with the following provisions.
After sending the order, you will receive an automated e-mail confirming receipt of the order (Order Confirmation). The Order Confirmation only serves to inform you that we have received the order and is not our acceptance of your order.
A contract is only valid when we declare acceptance of the contract by issuing an invoice to the customer, confirming the Order Confirmation, confirming by e-mail that the goods are being delivered (Delivery Confirmation) or at the latest by delivering the goods.
The contract is only concluded for those items that are expressly listed in our invoice, Order Confirmation or Delivery Confirmation.
5. Conditions for End Customers
5.1 Definition end customer
The conditions under Section 5 apply to private individuals and companies based in Switzerland or the Principality of Liechtenstein as end customers.
5.2 Prices
The sales prices indicated on Scutella Wines constitute final prices, unless otherwise agreed in writing. The prices are net in Swiss francs (CHF). Price changes and time-limited promotions are possible at any time and do not require notification.
Any delivery costs, where not otherwise provided, will be charged additionally and are payable by the customer. Delivery costs are shown separately in the ordering process.
5.3 Value Discounts
Scutella Wines offers the following discounts on orders:
2.5 % from CHF 500 to 749 per delivery
5% from CHF 750 to 999 per delivery
7.5% from CHF 1,000 and more per delivery
5.4 Payments
Payment of the purchase price can be made either by credit card, debit card, PayPal, Postcard or invoice, insofar as provided and available on the website. The data when paying via credit and debit cards are transmitted in encrypted form.
If Scutella Wines accepts payment of the purchase price on account, such payment is due within 30 days of the invoice date. Default interest of 5% per annum will be charged for late payments. Default interest chargeable hereunder shall be calculated on the basis of three hundred sixty (360) day year for the actual number of days elapsed. Interest not paid when due with respect to any obligation under an invoice shall be added to the unpaid principal balance owing to us and shall thereafter bear interest at the same rate applicable to the unpaid principal balance under the invoice. Dunning fees will be charged at a flat rate of CHF 20.
When purchasing in advance, the desired order is only triggered when the corresponding payment has been received. The items in the order cannot be reserved. If the payment does not reach Scutella Wines within 5 days, the order can be cancelled by Scutella Wines.
The goods remain the property of Scutella Wines until the invoice has been paid in full.
5.5 Delivery & Shipping Costs
The delivery takes place under the condition of timely and proper self-delivery by our suppliers. Any delivery times indicated in the order confirmation are not binding.
In the event of force majeure (for example, natural disaster, act of war or terrorism, riot, labor condition, pandemics and epidemics, governmental action and internet disturbance) or if the suppliers or sub-suppliers are unable to deliver, Scutella Wines will not be liable for any corresponding delays in delivery. Additionally, Scutella Wines is not liable for any delays in delivery caused by suppliers or third parties.
If all ordered goods are not in stock, we are entitled to make partial deliveries. If, after the conclusion of the contract, it turns out that goods cannot be delivered either partially or in whole for reasons for which we are not responsible, the customer is entitled to withdraw from the contract for those affected goods only and be refunded for any funds received for such goods or exempt from the obligation to pay for such goods. In addition, Scutella Wines reserves the right to adjust the ordered quantities after the confirmation of receipt of the order, in particular, for case of goods with limited availability.
The delivery is made to the invoice recipient or to a delivery address chosen by him in Switzerland or the Principality of Liechtenstein. In principle, the ordered goods are delivered on our behalf by truck or post by our delivery partners according to the following cost regulations:
Deliveries with a value of CHF 250 or more are postage paid.
For deliveries under CHF 250, a flat rate of CHF 14 will be charged.
For destinations that cause additional effort (car-free areas, connection via mountain railways, etc.), the actual costs incurred for those additional expenses will be borne by the customer.
In the case of express deliveries, the actual costs incurred will be borne by the customer.
Our performance is an obligation to send and is fulfilled when the goods are handed over to the delivery person. After dispatch, the risk of accidental deterioration and accidental loss of the goods is transferred to the customer. We are not responsible for the fault of the delivery company used.
6. Conditions for Resellers
6.1 Resale definition
Resellers are those individuals and companies which are between Scutella Wines and the end customer, selling the end customers the products and services purchased by the reseller from Scutella Wines. The conditions under this Section 6 apply to these resellers.
6.2 Prices
The sales prices indicated on Scutella Wines constitute final prices, unless otherwise agreed in writing. The prices are net in Swiss francs (CHF). Price changes and time-limited promotions are possible at any time and do not require notification.
Any delivery costs, where not otherwise provided, will be charged additionally and are payable by the customer. Delivery costs are shown separately in the ordering process.
Technical changes and errors remain reserved. In particular, Scutella Wines can make price changes at any time and without notice.
6.3 Value Discounts
2% from CHF 1,000 to 1,999 per delivery
3% from CHF 2,000 to 2,999 per delivery
4% from CHF 3,000 to 4,999 per delivery
5% from CHF 5,000 and more per delivery
6.4 Payments
Payment of the purchase price can be made either by credit card, debit card, PayPal, Postcard or invoice, insofar as provided and available on the website. The data when paying via credit and debit cards are transmitted in encrypted form.
If Scutella Wines accepts payment of the purchase price on account, such payment is due within 30 days of the invoice date. Default interest of 5% per annum will be charged for late payments. Default interest chargeable hereunder shall be calculated on the basis of three hundred sixty (360) day year for the actual number of days elapsed. Interest not paid when due with respect to any obligation under an invoice shall be added to the unpaid principal balance owing to us and shall thereafter bear interest at the same rate applicable to the unpaid principal balance under the invoice. Dunning fees will be charged at a flat rate of CHF 20.
When purchasing in advance, the desired order is only triggered when the corresponding payment has been received. The items in the order cannot be reserved. If the payment does not reach Scutella Wines within 5 days, the order can be cancelled by Scutella Wines.
The goods remain the property of Scutella Wines until the invoice has been paid in full.
6.5 Delivery & Shipping Costs
The delivery takes place under the condition of timely and proper self-delivery by our suppliers. Any delivery times indicated in the order confirmation are not binding.
In the event of force majeure (for example, natural disaster, act of war or terrorism, riot, labor condition, pandemics and epidemics, governmental action and internet disturbance) or if the suppliers or sub-suppliers are unable to deliver, Scutella Wines will not be liable for any corresponding delays in delivery. Additionally, Scutella Wines is not liable for any delays in delivery caused by suppliers or third parties.
If all ordered goods are not in stock, we are entitled to make partial deliveries. If, after the conclusion of the contract, it turns out that goods cannot be delivered either partially or in whole for reasons for which we are not responsible, the customer is entitled to withdraw from the contract for those affected goods only and be refunded for any funds received for such goods or exempt from the obligation to pay for such goods. In addition, Scutella Wines reserves the right to adjust the ordered quantities after the confirmation of receipt of the order, in particular, for case of goods with limited availability.
If the delivery is not possible to be delivered to the nominated address, or the customer refuses to accept the delivery, Scutella Wines can resolve the contract after a notification by email to the customer and charge any costs for these activities to the customer.
In addition, Scutella Wines reserves the right to adjust the ordered quantities after the confirmation of receipt of the order, in particular for case of articles with limited availability.
We deliver exclusively to Switzerland and the Principality of Liechtenstein. For deliveries where the value is less than CHF 500 excluding VAT, we charge a small quantity surcharge or delivery cost share of CHF 14.
7. Returns
Please refer to our Return Policy, including eligibility criteria, return process, refunds, exchanges, and any specific conditions that may apply.
8. General Availability
Our range of wines available on www.scutellawines.ch is subject to constant change. We reserve the right to make short-term changes to the range at any time without notification. Accordingly, a complete and constant availability of our offer on www.scutellawines.ch and delivery time are without guarantee at the time of ordering and can change at any time without notice.
9. Liability
Scutella Wines is not liable for any indirect damages and consequential damages, lost profits, loss of opportunity, personal, expert and pure asset losses or any other similar losses of any kind to the customer. Reserved remains a further compelling statutory liability, for example for gross negligence or unlawful intention.
10. Privacy
The collection and processing of customers’ personal data by Scutella Wines is detailed in our Privacy Policy, which forms an integral part of these Terms and Conditions. Our Privacy Policy can be accessed at www.scutellawines.ch/privacy-policy.
11. Severability
If individual provisions of these Terms and Conditions will prove ineffective or impracticable, the effectiveness of the remaining provisions remains unaffected.
12. Change to Terms and Conditions
Scutella Wines expressly reserves the right to change the Terms and Conditions at any time and to enter into force without notice.
13. Jurisdiction
In the case of disputes, the Surely material Swiss law applies with the exclusion of collision law standards for use. The UN Sales Law (CISG, Viennese Sales Law) is explicitly excluded from these Terms and Conditions.
Swiss law applies exclusively. Exclusive place of jurisdiction is Zurich, Switzerland.
Zurich, May 30, 2023
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