STORE POLICY

1. General

Stunning-Wine.com in Switzerland Uniplace AG (hereinafter “Stunning-Wine.com”) sells products and provides services, in particular via the website www.flaschen-post.ch. These general terms and conditions (hereinafter referred to as “GTC”) apply to all legal relationships between Stunning-Wine.com and the purchaser of products and / or services from Stunning-WinFe.com (hereinafter referred to as “customer”, Stunning-Wine.com and the customer together hereinafter referred to as “parties”). The customer guarantees that he is at least 18 years old at the time of his order. Any general terms and conditions of the customer are hereby excluded. Deviations from these terms and conditions are only valid if they have been agreed by the parties in writing or by email. If, in addition to these General Terms and Conditions, special contractual conditions from Stunning-Wine.com are applicable, the special terms and conditions take precedence over the present General Terms and Conditions, insofar as they contain provisions that differ from these General Terms and Conditions.

2 orders

All offers from Stunning-Wine.com are non-binding. With the respective order, the customer in turn submits an offer to which he is bound for 2 weeks after receipt by Stunning-Wine.com. At the customer's request, Stunning-Wine.com can voluntarily cancel the order out of goodwill. After receiving an order, Stunning-Wine.com 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. The contract between the parties is concluded as soon as Stunning-Wine.com provides services for the customer (e.g. dispatch or handover of products to the customer) or an order confirmation is sent. All services to be provided by Stunning-Wine.com are conclusively listed in the delivery note and / or the order confirmation from Stunning-Wine.com. The customer checks the documents created by Stunning-Wine.com, in particular invoices, delivery notes and order confirmations, within 5 calendar days of their dispatch (by post or digital) or handover. The customer shall notify Stunning-Wine.com of any discrepancies during this period, otherwise the documents are deemed to have been approved by him.

3 Procurement of products, cancellations, change of year

Stunning-Wine.com is entitled to cancel orders at any time without giving reasons and / or to only partially fulfill them. In the event of a partial or complete cancellation of the order, the customer only pays for the partial service actually provided by Stunning-Wine.com. Stunning-Wine.com is in no way obliged to procure products or specific vintages of wines. If Stunning-Wine.com intends to deliver a different vintage of a wine than the one ordered, Stunning-Wine.com informs the customer about the planned replacement vintage. If the customer waives the delivery of wine, any price he has already paid will usually be reimbursed within 30 days (reimbursement to the account details given by the customer after contacting Stunning-Wine.com). All further claims of the customer from the business transactions mentioned in this section 3 are excluded.

4 Prices, costs and terms of payment and delivery

All prices are in Swiss Francs exclusive of VAT. Shipping and packaging costs will be charged to the customer separately (exception: free deliveries designated as such). Stunning-Wine.com is entitled to make deliveries in several parts. Such partial deliveries do not result in any additional costs for the customer. The invoice from Stunning-Wine.com is decisive for the agreed prices, costs, payment and delivery conditions or, if one is missing or incomplete, the confirmation of receipt of the order, or if one is also missing or incomplete, the confirmation sent to the customer upon conclusion Communicated prices, costs and payment terms during the ordering process. Regardless of the agreed method of payment, Stunning-Wine.com is entitled to deliver or place orders only against prepayment. Stunning-Wine.com hereby assigns to the customer any rights that Stunning-Wine.com has against the transporter of deliveries to the customer. In return, the customer bears the transport and delivery risk in connection with his orders from Stunning-Wine.com. Invoices from Stunning-Wine.com are to be paid within the period printed on the invoice (from the invoice date) and without any deduction to the Stunning-Wine.com account indicated on it. Once the payment period has expired, the customer is in default. Stunning-Wine.com is entitled to the statutory rights of default.

5 dates

All shipping and delivery dates communicated by Stunning-Wine.com are used solely for the orientation of the customer and are not legally binding. If the dispatch of a delivery (or parts thereof) is delayed by more than five working days compared to the date communicated by Stunning-Wine.com, 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 Stunning-Wine.com before the delayed part of the delivery is dispatched. In addition, the customer has no rights against Stunning-Wine.com from exceeding shipping and delivery dates. If a successful delivery is not possible or is only possible under difficult circumstances for reasons for which Stunning-Wine.com is not responsible (e.g. wrong delivery address, absence of the recipient, missing access permit, etc.), the customer is obliged to return bottles -post in terms of assets as if the delivery had been successful (at least assumption of the shipping and packaging costs). In addition, section 3 and section 4.6 above apply.

6 Examination by the customer

The customer checks deliveries received from Stunning-Wine.com within 5 calendar days of delivery or collection and notifies Stunning-Wine.com of any visible defects or incomplete deliveries in writing or by e-mail during this time. After this period has expired, the deliveries received from Stunning-Wine.com and the scope of the delivery are deemed to have been approved by the customer.

7 Warranty, especially for draft wines, and liability

The warranty period for hidden defects is two years from the handover or delivery of the services to be provided by Stunning-Wine.com. If the customer discovers that a wine bottle purchased from Stunning-Wine.com is faulty (hereinafter referred to as "Zapfen-wein"), this bottle will be replaced by Stunning-Wine.com under the following conditions (cumulative): a. The warranty period (Section 7.1 above) has not yet expired; b. the bottle is brought to Stunning-Wine.com by the customer immediately after the error is discovered or - after consultation and in accordance with the instructions from Stunning-Wine.com - sent to Stunning-Wine.com; c. the bottle is at least 2/3 full; and d. Stunning-Wine.com can also detect the error. Stunning-Wine.com replaces the cone wine under the conditions of section 7.2 above with an electronic voucher card with the value of the cone wine. This voucher card entitles the customer to order another wine from Stunning-Wine.com to the value of the voucher card. With the exception of the warranty rights mentioned in Sections 7.1 and 7.2, the customer has no warranty rights against Stunning-Wine.com. The contractual and non-contractual liability of Stunning-Wine.com is, as far as legally permissible, completely excluded. In particular, Stunning-Wine.com is not liable for any personal injury and / or financial loss (direct or indirect, indirect or direct) and / or loss of profit. In any case, the guarantee and liability of Stunning-Wine.com is limited to the price of the relevant service from Stunning-Wine.com.

8 Further provisions

Involvement of third parties
Stunning-Wine.com is entitled to involve third parties to provide services, in particular other wine dealers.

Communication by email
Stunning-Wine.com is entitled to communicate with the customer by email. The customer is aware that e-mails can be read by third parties. The customer bears all risks in connection with the transmission and delivery of emails. In particular, the customer is responsible for checking his inbox and spam folder regularly. An e-mail from Stunning-Wine.com is deemed to have been delivered to the customer at the time it is sent by the server used by Stunning-Wine.com to the e-mail address specified by the customer.

Use and danger
The benefit and risk of the services to be provided by Stunning-Wine.com are transferred to the customer when the services are left at the headquarters of Stunning-Wine.com or when the customer is notified that they are ready for collection (the earlier point in time applies).

Place of fulfillment
The place of performance for all obligations (of the customer, of Stunning-Wine.com and third parties) is the seat of Stunning-Wine.com.

Severability clause
Should any provision of these terms and conditions be or become ineffective or void, this shall not affect the validity of the remaining provisions. In the event that a contractual provision is invalid or null and void, it must be replaced by an effective one that comes closest to the economic purpose of the invalid provision.

Applicable law, place of performance and place of jurisdiction
Only substantive Swiss law is applicable to these terms and conditions. The applicability of the CISG is excluded. All disputes arising from or in connection with the contract between the parties, including those about its validity, legal validity, amendment or dissolution, will be decided by the competent courts at the headquarters of Stunning-Wine.com. The court at the place of residence, seat or domicile of the customer is also responsible for lawsuits from Stunning-Wine.com and in the cases prescribed by law.