GENERAL TERMS AND CONDITIONS

LAST UPDATED: MARCH 2020 

1. SCOPE OF APPLICATION

THE PRESENT GENERAL TERMS AND CONDITIONS (HEREINAFTER “GTC”) APPLY TO ALL LEGAL TRANSACTIONS MADE THROUGH THE ONLINE SHOP WWW.BOLLICINE.CH (HEREINAFTER REFERRED TO AS “ONLINE SHOP”). THE ONLINE SHOP IS OPERATED BY RARE WINE GMBH (HEREINAFTER “RARE WINE”).

RARE WINE RESERVES THE RIGHT TO CHANGE THIS GTC AT ANY TIME. THE VERSION OF THE GTC VALID AT THE TIME OF ORDER PLACEMENT APPLIES AND MAY NOT BE CHANGED UNILATERALLY FOR THE RESPECTIVE ORDER. ADVERSE OR CONFLICTING TERMS OF THE CUSTOMER WILL NOT BE RECOGNISED.

THE RANGE OF PRODUCTS AND SERVICES AVAILABLE IN THE ONLINE SHOP (HEREINAFTER “OFFER”) IS EXCLUSIVELY INTENDED FOR CUSTOMERS WHOSE PLACE OF RESIDENCE OR PLACE OF BUSINESS IS SWITZERLAND OR LIECHTENSTEIN.

DELIVERIES ARE MADE EXCLUSIVELY TO ADDRESSES IN SWITZERLAND OR LIECHTENSTEIN.

PRODUCTS ARE AVAILABLE FOR AS LONG AS THEY CAN BE FOUND THROUGH THE SEARCH ENGINE IN THE ONLINE SHOP AND/OR WHILE STOCKS LAST.

CUSTOMERS CONFIRM COMPLIANCE WITH THE LEGAL PROVISIONS FOR ALL PRODUCT ORDERS WITH A MINIMUM AGE REQUIREMENT OF 18.

LARGE ORDERS EXCEEDING A STANDARD AMOUNT MAY BE REFUSED WITHOUT REASON.

BY ORDERING FROM RARE WINE, YOU AGREE TO THESE TERMS AND CONFIRM THAT YOU HAVE THE RIGHT TO BUY.

2. CONCLUSION OF THE CONTRACT

2.1. THE OFFER TO CONCLUDE A SALES CONTRACT COMES FROM THE CUSTOMER, WHEN THE LATTER, AFTER HAVING COMPLETED THE ORDER PAGE IN FULL, CLICKS ON THE "BUY" BUTTON. THE CUSTOMER REMAINS BOUND FOR ONE WEEK TO HIS ORDER. THE CONTRACT IS OBLIGATORILY FORMED IF WE ACCEPT THE ORDER DURING THIS PERIOD IN ACCORDANCE WITH PARAGRAPH 2.3.

2.2. AFTER SENDING HIS ORDER, THE CUSTOMER RECEIVES AN AUTOMATED EMAIL BY WHICH WE CONFIRM THAT WE HAVE RECEIVED THE ORDER (CONFIRMATION OF RECEIPT OF ORDER). THIS CONFIRMATION OF RECEIPT OF ORDER IS ONLY USED TO INFORM THAT WE HAVE RECEIVED THE ORDER.

2.3. A VALID CONTRACT IS ONLY FORMED IF WE DECLARE TO ACCEPT THE CONTRACT. WE DECLARE ACCEPTING THE CONTRACT BY SENDING AN INVOICE TO THE CUSTOMER, CONFIRMING THE ORDER (CONFIRMATION OF ORDER ACCEPTANCE), CONFIRMING BY EMAIL THAT THE GOODS HAVE LEFT OUR WAREHOUSE (SHIPPING CONFIRMATION) OR AT THE LATEST BY THE DELIVERY OF THE MERCHANDISE.

2.4. THE CONTRACT IS ONLY FORMED FOR THE ARTICLES EXPRESSLY STATED ON OUR INVOICE, ON THE ORDER ACCEPTANCE CONFIRMATION OR ON THE SHIPPING CONFIRMATION. THIS ALSO ULTIMATELY RESULTS IN THE VOLUME OF THE SERVICE.

2.5. THE CONCLUSION OF THE CONTRACT TAKES PLACE IN ENGLISH, ITALIAN, FRENCH OR GERMAN. THE DATA SAVED BY US SERVE AS PROOF OF THE CONCLUSION OF THE CONTRACT AND THE TRANSACTION.

2.6. THE CUSTOMER HAS THE OPTION, DURING ORDERING OPERATIONS, OF PRINTING HIS ORDER AND THE DATA HE HAS ENTERED. IN ADDITION, HE HAS THE POSSIBILITY OF OPENING A CUSTOMER ACCOUNT. WITHIN THE CUSTOMER ACCOUNT, IT IS POSSIBLE TO VIEW THE ORDER DATA AFTER ENTERING PERSONAL ACCESS DATA. RARE WINE 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), VAT AND, WHERE APPLICABLE, ANTICIPATED RECYCLING COSTS AND COPYRIGHTS INCLUDED. WE RESERVE THE RIGHT TO MODIFY THE PRICES, CONDITIONS AND VINTAGES INDICATED ON OUR WEBSITE, THE REFERENCE DAY BEING THE DAY OF THE ORDER.

NO CLAIM FOR A SUBSEQUENT PRICE OR CREDIT RATING ADJUSTMENT CAN BE TAKEN INTO ACCOUNT. THERE ARE ALSO PROMOTIONS, DISCOUNTS AND REDUCTIONS OF A LOCAL, REGIONAL AND NATIONAL NATURE ON STATIONARY GOODS AND SERVICES WHICH CANNOT BE OFFERED IDENTICALLY ONLINE.

3.2. THE DELIVERY COSTS ARE INVOICED AS FOLLOWS:

A) CHF 18.50 FOR ALL ORDERS EQUAL TO OR LESS THAN 12 (75CL BOTTLES)

B) CHF 40.- FOR ALL ORDERS MORE THAN 12 (75CL BOTTLES) OR EQUAL TO OR LESS THAN 36 (75CL BOTTLES)

C) CHF 50.- FOR ALL ORDERS MORE THAN 36 (75CL BOTTLES) OR EQUAL TO OR LESS THAN 72 (75CL BOTTLES)

C) CHF 0.- FOR BULK SHIPMENTS OF 72 (75CL) BOTTLES OR CHF 5'000.00 EXCLUDING TAX.

3.3. FOR DELIVERIES ABROAD: TRANSPORTED AT THE CUSTOMER’S RISK. OUR SALES STAFF WILL BE HAPPY TO INFORM YOU ABOUT ARRANGEMENTS FOR SHIPMENTS ABROAD AND THEIR CURRENT PRICES.

3.4 PERCENTAGE DISCOUNT CODE AND COUPONS: EACH PERCENTAGE DISCOUNT CODE OR COUPON CAN BE USED TO OBTAIN UP TO CHF 1'000 CHF DISCOUNT (SHIPPING EXCLUDED). IF A DISCOUNT CODE OR COUPON IS USED ON A PURCHASE THAT EXCEEDS THE APPLICABLE DISCOUNT AMOUNT, THE REMAINDER OF THE PURCHASE WILL BE CHARGED AT THE NORMAL PRICE WITHOUT APPLYING THE DISCOUNT.

4. PAYMENT AND RESERVATION OF OWNERSHIP

4.1. PAYMENT OF THE SALE PRICE MUST BE MADE IN ADVANCE USING: CREDIT CARD (VISA, MASTERCARD AND AMERICAN EXPRESS), PAYPAL, STRIPE, CRYPTOCURRENCIES OR BY BANK TRANSFER, AS FAR AS IS AVAILABLE AND AVAILABLE ON THE WEBSITE. IN THE EVENT OF PAYMENT BY CREDIT CARD, THE DATA TRANSMITTED IS ENCRYPTED.

4.2. ORDERS ARE PAYABLE IMMEDIATELY TAKING INTO ACCOUNT THE FOLLOWING PROVISIONS.

4.3. WE CHARGE A REMINDER FEE OF CHF 20.00 FOR EACH REMINDER. THESE FEES ARE IN ADDITION TO THE OVERDUE AMOUNT

4.4. THE GOODS REMAIN OUR PROPERTY UNTIL PAID FOR IN FULL. RARE WINE IS AUTHORIZED AT ANY TIME TO REGISTER ITS RESERVATION OF TITLE WITH THE COMPETENT AUTHORITY. 

4.5. PLEASE NOTE THAT OUR ONLINE STORE IS MAINLY INTENDED FOR THE NEEDS OF PRIVATE CUSTOMERS. FOR THIS REASON, IT IS IMPOSSIBLE FOR US TO ESTABLISH INVOICES, RECEIPTS OR VAT STATEMENTS FOR YOUR ONLINE ORDERS AT A LATER DATE.

5. DELIVERY AND TRANSFER OF RISK

5.1. THE SELLER LIMITS DELIVERIES TO THE TERRITORY OF SWITZERLAND AND THE PRINCIPALITY OF LIECHTENSTEIN. DELIVERY TAKES PLACE DIRECTLY AT THE DELIVERY ADDRESS AND THE CONTACT PERSON COMMUNICATED BY THE BUYER.

5.2. DELIVERY TAKES PLACE 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 SOCIAL MOVEMENTS, RIOTS, WAR, NATURAL DISASTERS AS WELL AS IN THE EVENT OF STOPPING DELIVERIES BY THE MANUFACTURER OR AN UPSTREAM SUPPLIER, THERE IS NO DELAY IN DELIVERY. THE VENDOR ASSUMES NO RESPONSIBILITY FOR DELAYS IN DELIVERY ATTRIBUTABLE TO THE MANUFACTURERS OR TO THIRD PARTIES.

5.3. IF THE GOODS ORDERED ARE NOT ALL IN STOCK, WE ARE ENTITLED TO MAKE PARTIAL DELIVERIES. IF IT TURNS OUT, AFTER CONCLUSION OF THE CONTRACT, THAT THE GOODS CANNOT BE DELIVERED, EITHER PARTIALLY OR FULLY, FOR REASONS NOT ATTRIBUTABLE TO THE SELLER, 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 STORE AND IN OUR CONFIRMATION OF ORDER ACCEPTANCE 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 THEIR THERMAL NEEDS, IT IS IMPORTANT THAT YOU PERSONALLY RECEIVE THE PACKAGE. OTHERWISE, WE ADVISE YOU TO INDICATE AN ALTERNATIVE DELIVERY ADDRESS (E.G. YOUR BUSINESS ADDRESS).

OUR DELIVERIES WILL BE ENSURED BY THE SWISS POST OR PLANZER, YOUR ORDER WILL BE DELIVERED TO YOU WITHIN A PERIOD NOT EXCEEDING 7 WORKING DAYS.

6. REPLACEMENT / RETURNS

6.1 WE ASK THE BUYER TO CHECK THE CONDITION OF THE RECEIVED GOODS IMMEDIATELY AFTER RECEIPT. 

THE DELIVERY IS CONSIDERED ACCEPTED AFTER SEVEN DAYS.  

6.2 FOR RARITIES, VINTAGE PRODUCTS, BOTTLES BOUGHT USING COUPONS OR VOUCHERS AND SUPER SALE PRODUCTS, NO SUBSTITUTES CAN BE GRANTED. THEY ARE SOLD AS "BUYER'S RISK". IN THESE CASES, THE RISK OF A POSSIBLE DEFECT, SUCH AS CORKED WINE, IS BORNE BY THE BUYER. 

6.3 WINES NOT PURCHASED FROM US CANNOT BE REIMBURSED.

6.4. THE GOODS MUST BE RETURNED, ACCOMPANIED BY THE RETURN SLIP ATTACHED TO THE COMPLETED DELIVERY AND A COPY OF THE INVOICE THAT YOU RECEIVED BY EMAIL, AT THE FOLLOWING ADDRESS:

RARE WINE GMBH
UBERLANDSTRASSE 18
8953 DIETIKON

6.5. THE COSTS OF RETURNING ARTICLES ARE ASSUMED BY THE CUSTOMER. SHIPPING COSTS AND COSTS INHERENT IN GIFT WRAPPING ARE NOT REIMBURSED. VOUCHERS AND SPECIAL OFFERS ARE ALSO NOT REFUNDED. IF THE GOODS ARE NOT RETURNED IN GOOD CONDITION, WE WILL INVOICE YOU FOR THE LOSS OF VALUE INCURRED.

6.6. IN THE EVENT OF PROPER RETURN OF THE GOODS, THE TOTAL PRICE PAID WILL BE REFUNDED TO THE CUSTOMER, AFTER EXAMINATION OF THE GOODS, BY A CREDIT ENTRY. A DISCOUNT IS ALWAYS MADE ON THE PAYMENT METHOD USED DURING THE PURCHASE. IN CASE OF ANY DISCOUNTS FROM PURCHASES ON ACCOUNT, WE WILL REFUND THE AMOUNT BY TRANSFER TO THE CORRESPONDING BANK ACCOUNT.

ITEMS WORN OPEN OR DAMAGED BY THE BUYER ARE EXCLUDED FROM THE WARRANTY.

IMPROPER STORAGE OR AN INCORRECT ASSESSMENT OF THE DEGREE OF MATURITY OF A DRINK (I.E. PREMATURE OR LATE CONSUMPTION) ARE NOT CONSIDERED AS CASES OF APPLICATION OF THE GUARANTEE.

6.7. THE CUSTOMER DOES NOT RECEIVE GUARANTEES IN THE LEGAL SENSE OF THE SELLER. MANUFACTURING GUARANTEES ARE NOT AFFECTED. THE VENDOR ASSUMES NO RESPONSIBILITY FOR DESCRIPTIONS WRITTEN BY THIRD PARTIES, INCLUDING CUSTOMERS, AS PART OF THE ONLINE STORE, OR FOR CUSTOMER COMMENTS PUBLISHED IN OUR PRESENCE ON SOCIAL NETWORKS.

7. RESPONSIBILITY

7.1. ALL CASES OF CONTRACTUAL VIOLATIONS AND THEIR LEGAL CONSEQUENCES, AS WELL AS ALL OF THE CLIENT'S RIGHTS, REGARDLESS OF THE TITLE TO WHICH HE CLAIMS THEM, ARE DEFINITIVELY REGULATED IN THESE GTC. ALL OTHER RIGHTS OF THE CLIENT - REGARDLESS OF THEIR LEGAL TITLE - ARE, TO THE EXTENT PERMITTED BY LAW, EXCLUDED. NEITHER THE SELLER NOR ITS EMPLOYEES AND ANY AUXILIARIES ASSUME ANY RESPONSIBILITY FOR DAMAGE WHICH HAS NOT OCCURRED ON THE GOODS ITSELF, IN PARTICULAR FOR CONSEQUENTIAL DAMAGE, LOSS OF PROFIT OR ANY OTHER MATERIAL DAMAGE. SUFFERED BY THE BUYER.

8. CREDIT INFORMATION

THE BUYER AUTHORISES RARE WINE TO REQUEST INFORMATION NECESSARY FOR THE EXECUTION OF AN ORDER (ONLY FOR ORDERS AGAINST INVOICE) FROM PUBLIC SERVICES OR A CENTRAL SERVICE RELATING TO HIS SOLVENCY.

9. PRIVACY POLICY

WE TRADE IN WINE, SPIRITS AND GOURMET FOOD BUT NOT IN YOUR PERSONAL DATA. THAT IS WHY WE DO NOT COLLECT OR SAVE ANYTHING MORE THAN ABSOLUTELY NECESSARY FOR YOUR ORDERS. YOUR PERSONAL DATA ARE PROCESSED IN ACCORDANCE WITH THE LAWS ON THE PROTECTION OF PERSONAL DATA AND ARE NOT SOLD OR GIVEN TO THIRD PARTIES FOR ANY ADVERTISING. WHEN REQUESTING AUTHORISATION, IN PARTICULAR WHEN PAYING BY CREDIT CARD, YOUR BANK DETAILS ARE ONLY TRANSMITTED ENCRYPTED. CUSTOMERS CAN LEARN ABOUT NEWS, EVENTS, PROMOTIONS, AND ACTIVITIES VIA OUR ELECTRONIC NEWSLETTERS. THIS SERVICE IS FREE AND CAN BE CANCELLED AT ANY TIME. RARE WINE DOES NOT USE ITS CONTACT LISTS FOR SPAM.

10. WEB LINKS

ALL INTERNET SITES CITED AND CREATED IN CONNECTION WITH OUR WWW.BOLLICINE.CH DOMAIN HAVE BEEN CHECKED IN BOTH THEIR FORM AND THEIR CONTENT. DESPITE REGULAR MONITORING OF CONNECTED NETWORKS, WE DO NOT GUARANTEE THEIR CONTENT. IN CASE OF ABUSE PLEASE CONTACT THE WEBMASTER. WE DISCLAIM ALL RESPONSIBILITY FOR THE ACCURACY AND CONTENT OF THE WEBSITE LINKS MENTIONED ON OUR DOMAIN.

11. CHANGES IN GENERAL TERMS

THESE TERMS MAY BE CHANGED AT ANY TIME WITHOUT NOTICE.

12. JURISDICTION

THE BUSINESS OF RARE WINE IS BASED EXCLUSIVELY ON SWISS LAW. ITS SEAT OF JURISDICTION IS ZURICH.

13. COPYRIGHT NOTICE

ALL RIGHTS TO THIS GTC, PARTICULARLY COPYRIGHTS, ARE RESERVED BY RARE WINE.

ALL REPRODUCTION, DISTRIBUTION OR OTHER USE IS PROHIBITED EXCEPT WITH WRITTEN PERMISSION FROM BOLLICINE CLUB. IN THE EVENT OF BREACH OF THIS REQUIREMENT, RARE WINE RESERVES THE RIGHT TO TAKE LEGAL ACTION.

MARCH 2020