TERMS AND CONDITIONS

1. GENERAL

These general conditions of sale apply to all purchases of products made on the website www.wine-explorer.ch (hereinafter the site), owned by T&T Gourmet Factory GmbH (hereinafter T&T Gourmet Factory)

The offers and prices of the products online are valid as long as they appear on the site and within the limits of available stocks. The pictures that appear on the site are for illustrative purposes only and are not part of the contractual conditions.

The information and explanations appearing on the site are provided for information only and are not contractual documents.

T&T Gourmet Factory disclaims any responsibility for any errors or omissions related to such information or explanation.

2. PRICE

The prices listed on the site are in Swiss francs only. Unless otherwise indicated, they are per bottle or pack and include all taxes. They do not include postage and shipping which will be charged separately (see delivery terms).

All orders are payable only in Swiss francs.

T&T Gourmet Factory reserves the right to change its prices at any time. The prices charged to clients for goods delivered are those in effect at the date of the order and listed on the confirmation order.

In addition, promotional discounts offered as part of specific marketing activities can not be combined with other discounts. These special promotional discounts are calculated directly online and deducted from the order.

3. ORDER

In Switzerland, the purchase of alcohol is prohibited to minors. The client confirms by his order, that he or the recipient is at least 18 years old. He ensures that all information provided is truthful.

The order is deemed final when the client confirms the transaction on the site.

The sending of the order by the client implies acceptance of these terms and conditions in full, to the exclusion of all other terms and conditions.

T&T Gourmet Factory reserves the right to refuse any order from a client.

When we run out of a vintage, we deliver the following available vintage, without any prior communication. This rule applies provided that the new vintage is comparable in terms of price, quality, and variety of vine. For range-topping wines, we ask for your permission before delivering a different vintage.

4. PAYMENT

The price invoiced is the price indicated on the order confirmation sent to the client.

We propose the following different means of payment:

Credit cards via a secure site (without costs), PostFinance E-Payment, PostFinance Card, TWINT and Paypal
Bank transfer (without costs). The goods will be sent once the amount due is credited to the bank account of T&T Gourmet Factory

5. RETURN AND COMPLAINTS

The client is responsible to check the goods immediately upon delivery and to make all reservations and complaints about possible defects or non-compliance. These reservations and complaints should be directed to T&T Gourmet Factory by email (info@wine-explorer.ch) as soon as possible but no later than three days after delivery.

The shipping costs in the case of returned merchandise are the responsibility of the client.

6. GUARANTEE

T&T Gourmet Factory grants a warranty of 12 months on potential wine faults (especially corkage), insofar as the wine has been stored in suitable conditions for its preservation.

This warranty does not apply to wines older than 5 years or “high quality” wines.

For T&T Gourmet Factory to proceed with the replacement of defective wine, the client must inform in advance by email (info@wine-explorer.ch). After the agreement of T&T Gourmet Factory, the client will return the defective wine in the original packaging with a copy of the invoice. Shipping costs are charged to the client.

Cash refunds are excluded. The client will receive as a refund a voucher for the website to the value of the defective wine.

7. Wine subscriptions

a) Content

Each month the T&T Gourmet Factory team selects 3 wines in each category: “Explorer box” (around CHF 69.-) and “Premium Explorer box” (around CHF 129.-). The addition of each public wine price can sometimes exceed the total price of the monthly subscription. T&T Gourmet Factory does not guarantee to exceed the public prices every month. It is a benefit at its sole discretion.

b) Delivery Dates

– Any monthly subscription contracted during the month automatically starts with a first delivery planned within the next month after the order.

– Once the first package has been delivered, one delivery is organized each month for all subscribers around the 1st week/10 days of the month (depending on workdays).

– It means for instance that any new subscribers purchasing on the 1st will receive the first monthly box between the 1st and the 10th of the next month, as well as the subscriber purchasing on the 30th/31st-month.

c) Wine subscription payments and no binding duration

On the website page “Wine Subscription”, the user can select his monthly box. He benefits from monthly payments, that can be stopped each month.

– The first payment is charged on the day of the order

– Each future monthly payment is charged in one month from the date of the first payment

– Each started month is due.

– The user can stop his subscription from his account by clicking on “Cancel” or by email at info@wine-explorer.ch. The subscription will only stop at the end of the current month. No further payment or delivery will happen next month.

d) Conditions for the subscriptions as a gift

The subscriptions as a gift offer two different delivery options:

– Either a first direct delivery within next month from the order date, to address filled during the order. In that case, the person receiving the gift will not benefit from an account on the website.

– Or a gift voucher, created with the order, sent by email to the buyer (and available on the confirmation page), that will have to be activated on the website, by the person receiving the gift. The person activating the gift voucher shall enter his own details to receive the monthly boxes. All gift vouchers are valid for 12 months only. No reimbursement will be offered. Without a gift voucher activation on the website (exact web address mentioned on the gift voucher) that monthly deliveries will not start.

8. APPLICABLE LAW AND JURISDICTION

This contract is subject to Swiss law.

The jurisdiction is constituted by the ordinary courts of the tribunal at the seat of T&T Gourmet Factory in Sarnen, kanton Obwalden.

Sarnen, 04.08.2019

T&T Gourmet Factory GmbH
Kernserstrasse 17
6060 Sarnen

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