1. SCOPE OF APPLICATION
1.1. The goods we offer in our online shop are intended exclusively for consumers who have reached the age of majority and have a delivery address in Switzerland or in the Principality of Liechtenstein (hereinafter referred to as "Customers").
1.2. The operator of the online shop accessible at www.misterchampagne.ch (hereinafter referred to as "Mister Champagne") and your contractual partner is the company:
NORA GROUP SA
Chemin de la Clergère 8 A
1027 Lonay
CHE-299.325. 682
1.3. These General Terms and Conditions of Sale (hereinafter referred to as the "GTCS") apply to all contracts concluded between you in your capacity as a customer and us in our capacity as operator of the online shop www.misterchampagne.ch (hereinafter referred to as the "Vendor" or "Mister Champagne"). As part of the ordering process, you acknowledge the GTC in the version in force at the time you place your order. To be binding, all oral or telephone agreements must be confirmed in writing. This requirement of written form is also satisfied when a declaration is contained in an e-mail.
2. CONCLUSION OF THE CONTRACT
2.1. The offer to conclude a sales contract is made by the customer when, after completing the order page in full, he/she clicks on the "Buy" button. The customer remains bound by the order for one week. The contract is binding if we accept the order during this period in accordance with paragraph 2.3.
2.2. Once the order has been sent, the customer will receive an automated e-mail from us confirming that we have received the order (order receipt confirmation). This confirmation of receipt of order only serves to inform that we have received the order.
2.3. A valid contract is only formed if we declare that we accept the contract. We declare our acceptance of the contract by sending an invoice to the customer, by confirming the order (order acceptance confirmation), by confirming by e-mail that the goods have left our warehouse (dispatch confirmation) or, at the latest, by delivering the goods.
2.4. The contract is only formed for the items expressly listed on our invoice, on the order acceptance confirmation or on the dispatch confirmation. This also ultimately determines the scope of the service.
2.5. The contract is concluded in French or German. The data stored by us serves as proof of the conclusion of the contract and the transaction.
2.6. During the ordering process, customers can print out their order and the details they have entered. They may also open a customer account. Within the customer account, it is possible to consult order data after entering personal access data. Mister Champagne reserves the right to block customer accounts at its own discretion and without giving reasons.
3. PRICES AND SHIPPING COSTS
3.1 All prices are net prices in Swiss francs (CHF), including VAT and, where applicable, advance recycling fees and copyright. We reserve the right to modify the prices, conditions and vintages indicated on our website, the reference date being the date of the order.
No claim for a subsequent price adjustment or credit note can be taken into consideration. There are also local, regional and national promotions, discounts and reductions on items and services in the stationary trade which cannot be offered in the same way online.
3.2. Delivery charges are invoiced as follows:
a) CHF 10.00 to CHF 20.00 for orders of CHF 300.00 or less including VAT
b) CHF 0.00 for orders over CHF 300.00 (incl. VAT) delivered in 2 to 5 working days
c) CHF 30 for EXPRESS delivery within 1 working day
4. PAYMENT AND RETENTION OF TITLE
4.1. Payment of the purchase price may be made by credit card (VISA, Mastercard and American Express), Paypal or bank transfer, insofar as provided for and available on the website. In the case of payment by credit card, the data transmitted is encrypted.
4.2. Orders are payable immediately, subject to the following provisions.
4.3. We charge a reminder fee of CHF 20.00 for each reminder. This fee is added to the outstanding amount.
4.4. You, as the customer, only have rights of set-off or retention to the extent that your claim has been judicially determined by a final and binding decision or is undisputed. This provision does not affect your rights in the event of defects in the goods delivered.
4.5. Until full payment of the invoice amount of a delivery (definitive and unconditional credit entry of the total amount of the purchase price), we reserve ownership of the goods in any case. The seller is entitled to make a corresponding entry in the Register of Reservation of Title.
4.6. Please note that our online shop is primarily intended for private customers. For this reason, we cannot subsequently issue invoices, receipts or VAT statements for your online orders.
5. DELIVERY AND TRANSFER OF RISK
5.1. The seller limits deliveries to the territory of Switzerland and the Principality of Liechtenstein. Deliveries are made directly to the delivery address and contact person provided by the buyer.
5.2. Delivery is made on condition that we ourselves have been supplied in good time and in due form by our suppliers. In the event of force majeure such as strikes and other industrial action, riots, war, natural disasters, as well as in the event of a halt in deliveries by the manufacturer or an upstream supplier, there shall be no delay in delivery. The seller accepts no liability for delays in delivery attributable to manufacturers or third parties.
5.3. If the goods ordered are not all in stock, we are entitled to make partial deliveries. If, after conclusion of the contract, it becomes apparent that the goods cannot be delivered, either in part or in full, for reasons for which the seller is not responsible, the customer is entitled to withdraw from the contract.
5.4. Our service consists of an obligation to deliver to our end customer.
5.5. The delivery times mentioned in our online shop and in our order acceptance confirmation in accordance with paragraph 2.3 are calculated from the date of our confirmation of receipt of payment.
5.6 IMPORTANT INFORMATION: We will send you the items in packaging adapted to their fragility and thermal requirements, and it is important that you personally receive the parcel. Otherwise, we advise you to indicate another delivery address (e.g. your business address).
Our deliveries will be handled by the VINOLOG service of Swiss Post, and your order will be delivered to you within a maximum of 7 working days.
6. DeALING WITH NON-COMPLIANCE
6.1. You are obliged, as soon as the normal course of business permits, to check the products delivered and to report any defects to our customer service department at Contact@Misterchampagne.ch without delay (for example by sending us photos if your products arrive damaged). If you fail to do so, the products will be deemed to have been accepted. Acceptance is in any case deemed to have taken place insofar as the customer has not communicated a complaint by e-mail to the customer service department within 8 days of delivery.
6.2. Defects that cannot be identified despite due verification in accordance with the preceding paragraph must be communicated by e-mail to Contact@Misterchampagne.ch immediately after they are discovered, failing which the products ordered will also be deemed to have been accepted with regard to these defects.
6.3. The defective product must be returned with a copy of the invoice and a detailed description of the defect(s). The return address will be communicated to the purchaser by e-mail after receipt of the written complaint. Any transport costs incurred will be borne by the customer.
6.4. We provide a guarantee service by eliminating defects, which takes place, at our choice, either by the execution of a secondary service, i.e. the elimination of a defect (rework), or by the delivery of goods free of defects (replacement supply). Replaced products become the property of the seller.
6.5. If the secondary service is unsuccessful, the customer is entitled to withdraw from the contract. These provisions do not apply in the case of minor defects. The customer's right to a price reduction is excluded. This exclusion of liability also applies to all claims arising from the contract (Article 97 et seq. of the Swiss Code of Obligations), from an unlawful act (Article 41 et seq. of the Swiss Code of Obligations), from a challenge to the contract on the grounds of error (Article 23 et seq. of the Swiss Code of Obligations), etc., which are in competition with warranty claims.
6.6. The guarantee does not cover normal wear and tear or the consequences of inappropriate handling or deterioration by the purchaser or third parties, or defects attributable to external circumstances.
- In particular, items worn open or damaged by the purchaser are excluded from the guarantee.
- Inappropriate storage or incorrect assessment of the degree of ripeness of a beverage (i.e. premature or late consumption) are not considered to be cases where the guarantee applies.
6.7. The customer does not receive any guarantees in the legal sense from the seller. Manufacturing guarantees remain unaffected. The seller assumes no liability for descriptions written by third parties, in particular customers, in the context of the online shop, nor for customer comments published in our social network presences.
7. RIGHT OF RETURN
7.1. The customer has the right to return the goods delivered within 8 calendar days (from the date of delivery or acceptance). The return period is deemed to have been observed if the goods are handed over to the post office or another shipping company for dispatch on the last day.
7.2. The goods must be in their original packaging, complete with all accessories and accompanied by the completed delivery note/return note and any guarantee voucher. Sealed products in their original packaging may only be returned if they have not been opened. Any seals must not have been broken.
7.3. The goods must be returned, together with the completed returns slip enclosed with the delivery and a copy of the invoice you received by e-mail, to the following address
NORA GROUP SA
Chemin de la Clergère 8 A
1027 Lonay
CHE-299.325.682
7.4. The cost of returning items is borne by Mister Champagne. Postage and gift-wrapping costs will not be refunded. Vouchers for discounts and special offers will not be refunded. If the goods are not returned in good condition, we will charge you for the loss of value incurred.
7.5. In the event that the goods are duly returned, the total price paid will be refunded to the customer, after examination of the goods, by means of a credit entry. A discount is always applied to the payment method used at the time of purchase. In the case of any discounts for purchases made on account, we will refund the amount by transfer to the corresponding bank account.
8. RESPONSIBILITY
8.1. All cases of breach of contract and their legal consequences, as well as all rights of the customer, irrespective of the legal basis on which they are asserted, are definitively regulated in these GTC. All other rights of the customer - irrespective of their legal basis - are excluded to the extent permitted by law. Neither the seller nor her agents and possible vicarious agents assume any liability for damages which have not occurred to the goods themselves, in particular for consequential damages, loss of profit or any other material loss suffered by the buyer.
9. SALES OF ALCOHOLIC BEVERAGES
9.1. In our online shop, we do not sell alcohol to customers under the age of 18. By placing an order, the purchaser confirms that he/she is at least 18 years old, so that this provision and the legal regulations can be complied with.
9.2 All customers must provide their date of birth in the payment process under the heading "billing and delivery address" as proof of age.
10. DATA PROTECTION
10.1. The collection and the treatment of the personal data of the customer are protected by the seller according to the legislative standards in force and will evolve according to the Swiss legislative framework.
10.2. The customer hereby agrees to the storage of personal data entered by him/her in connection with the use of our website. This consent also applies to the storage of IP addresses transmitted each time the website is used. Customers also consent to the use of their personal data for the purpose of personalising advertisements and product offers placed on the website. No personal data will be passed on to advertisers.
10.3 Finally, the customer agrees that the seller may use the customer's personal data for direct marketing purposes. This includes advertising communication to the customer by e-mail and post.
10.4 By accepting these conditions, the customer confirms the accuracy of the information provided. The customer authorises Mister Champagne to take all necessary measures to verify the order information with the administrative services, organisations providing credit information and with the loan information file (FRE). Mister Champagne will collect information on existing customers from these organisations at regular intervals.
11. SAFEGUARD CLAUSE AND MODIFICATION RESERVE
11.1. Should individual provisions of these GTC be invalid or incomplete, or should it become impossible to implement them, this shall not affect the validity of the remaining provisions. The contractual partners undertake to replace the invalid provision with a valid, permissible provision which, in terms of its content, comes as close as possible to their original intention and to the economic objective thus pursued.
11.2. Any changes or additions to these GTC must be made in a form that can be proven by text, such as fax or e-mail. This also applies to a change in the requirement for written form. As soon as the customer uses the services of the seller after a change, he implicitly accepts the new GTC.
11.3 Any other contractual terms and conditions of the customer, in particular those which the customer declares to be applicable upon acceptance of the contract, do not become an integral part of the contract. They are only valid if and insofar as they have been expressly accepted in writing by the seller.
12. APPLICABLE LAW / PLACE OF JURISDICTION
Swiss law shall apply exclusively, to the exclusion of the conflict of laws rules of the Vienna Convention. The ordinary courts of the seller's registered office shall have jurisdiction.
13. CONTACT
Contact@Misterchampagne.ch