General Terms and Conditions (AGB) of the WineBarrel GmbH
1 Subject Matter and Scope of the General Terms and Conditions
On the vendor’s web pages winebarrel.ch, sell-wines.ch, sell-wines.com, vin.bid, wine.vote, wine-auction.net, winebarrel.bid, winebarrel.deals, internet platforms are operated on which WineBarrel GmbH (hereinafter referred to as vendor) offers various consumer goods for sale to a wide range of interested parties (hereinafter referred to as user respectively buyer respectively customer).
The user has the opportunity to purchase products and to participate in biddings where products are sold, too.
These General Terms & Conditions (AGB) shall apply to all services and products rendered, supplied or sold by the vendor to the user respectively buyer. Differing terms shall only be effective if explicitly agreed upon in writing between the vendor and the user.
Specific or general contractual terms contradicting with these Terms and Conditions will not be accepted by the vendor and shall be of no effect in the relationship between the vendor and the user.
2 Conclusion of Contract
The contract between the user and the vendor shall come into existence through sending the order or placing a bid in an auction. The scope of service and delivery shall be based on the present Terms and Conditions or on possible individual agreements.
All prices are in Swiss Francs. The vendor’s respective prices at the day the contract is concluded shall apply. With regard to the bid, the respective price at the conclusion of the bidding shall apply. The final price of an auction is always 1.- CHF higher than the highest bid of the next lower bidder. For the same maximum bid, the bid is assigned to the previously registered bid.
4 Services by the Vendor
The vendor provides services that shall be carried out diligently, efficiently and to the best of her abilities. In addition, she shall use her best endeavours to provide correct product descriptions. Despite careful checking it, cannot be completely excluded that some incorrect information is given. The vendor shall act in good faith and shall not assume liability for possible incorrect descriptions.
The vendor shall at all times be entitled to change the type, extent, price, supply conditions and channels of the rendered services, and in case of delayed payment or any other violation of obligations to refuse to perform any services.
In addition, the vendor shall be entitled to monitor the behaviour of the user with respect to the use of the internet platform. The vendor reserves her right to adapt the internet platform to technical updates or to change the platform due to other conditions at any time.
In general, the internet platform shall be available for 24 hours. However, the vendor cannot guarantee a minimum availability. The vendor reserves the express right to cease operation of the internet platform either partially or completely. No liability shall be assumed for any potential system errors.
5 Registration to Bid
The user must register on the vendor’s website. After registering, the user may participate in the bidding on the internet platform.
The relevant product is published by the vendor at a minimum price. The product shall be for sale if the minimum price has been reached by bids of the users. The relevant product shall not be for sale if all bids are lower than the minimum price. The sale ends with the expiry of a certain bidding time determined by the vendor. After the expiry of a certain bidding time, it shall be extended by two minutes at a time, as long as bids are still being submitted. The user who entered the last bid has concluded a purchase contract with the vendor and undertakes to purchase and pay for the desired product. For the submission of bids, the vendor’s “time stamp” shall always apply. If the product was damaged during the bidding or is not available anymore in the described condition, the vendor shall have the opportunity to withdraw the auction.
6 User’s Obligations and Use of the Internet Platform
The user shall be obligated to pay the agreed price. The user shall be obligated to make all the arrangements so that the vendor can provide her services to the user. Depending on the circumstances, this includes producing appropriate information and documents for the vendor. By accepting these Terms and Conditions, the user confirms to be of age. During the first order, the buyer shall be instructed with the order confirmation to send a copy of the proof of identity. Customers wishing to collect the goods for themselves shall also be instructed in the order confirmation to show a proof of identity. The vendor reserves her right to check the age of the user at any time.
Furthermore, the user shall undertake to treat personal information such as login data including the password communicated to him/her by the vendor as confidential and not to disclose or make accessible such information to third parties. The user shall be held liable for potential damage caused by ignoring the duty to exercise diligence.
Place of performance for all deliveries and services under this agreement shall be the head office of the vendor. Transportation risk is transferred to the buyer once goods are passed to the post office or parcel service, carrier or freight forwarder, but at the latest once they leave the premises. Packaging costs or postage fees shall be charged to the buyer. Parcels are normally sent by Swiss Post on Tuesday.
8 Delivery Deadlines
No fixed delivery dates have been stipulated. Any delivery date or delivery period shall serve for orientation purposes only. The customer shall be obligated to accept the supplied goods. Deliveries and possible subsequent deliveries are carried out worldwide. In the event that the vendor is unable to meet her obligation to delivery because of operational disturbances, labour shortage, strike, malfunctions of own supply system, fire damage, military conflict, government orders, substantial changes in the currency or because of force majeure, she shall be exempted from her obligation to perform.
In all cases of late or delayed delivery, the buyer can only assert any claim for compensation if intention or gross negligence on the vendor’s part can be proven. If the vendor is obligated to compensate the buyer in such cases, liability for damage is limited to the net invoice value. Loss of profit, consequential damages and damages by third parties shall not be compensated for by the vendor.
9 Right to Return
A customer’s right to return does not exist for second-hand wines. If the customer has bought a new wine, he/she may return it together with the reasons. The bottle must still be 2/3 filled at the time of the return. In case of a return, the vendor shall be entitled to choose between replacing it or reimbursing the already paid price.
10 Invoicing, Payment Conditions and Delay
Payment can be made in cash (at pick-up) via sumup.ch or any e-payment providers online. Payment by invoice shall only be accepted after a first successful purchase.
The customer shall be obligated to pay all invoices in full. Offset due to possible counter claims of the user shall not be permitted.
Any warranty shall be completely excluded.
Liability for any indirect damages and the consequences of damages shall be completely excluded.
Liability for any direct damages shall be limited to the sales price of the respective product. This limit of liability shall not apply in case of direct damages caused by intent or gross negligence.
The customer shall undertake to report any possible damages to the vendor immediately. Any liability for auxiliary personnel shall be limited within the same framework.
13 Intellectual property rights
Any contents regarding her services made available by the vendor are protected by copyright. The use of and payment for services by the user does not involve the transfer of intellectual property rights.
14 Protection of Data Privacy
The vendor shall take all measures that are reasonable in order to protect the data stored with her. All personal information provided by the user shall remain strictly confidential and only be used for the operation of the internet platform. Only absolutely necessary data shall be sent to third parties if it becomes necessary for the order respectively delivery process. Third party access to saved data at the vendor or at a contractual partner of the vendor shall not impose any liability on the vendor or the contractual partner.
The vendor shall only use personal data about the user for the performance and fulfilment of the offered services in compliance with the agreement and the law, nurturing customer relations and for the offering of services in line with customers' needs.
The user agrees to the storage and to the usage of these data within the framework of the business activities by the vendor. The user may at any time prohibit any processing of his data for marketing purposes.
15 Severability Clause
Should individual terms of these Terms and Conditions (AGB) be ineffective or lose their effectiveness, the remaining conditions of this agreement shall remain unaffected. An ineffective provision shall be considered as replaced by an effective provision if it corresponds as closely as possible to the intended economic purpose of the original provision. The same shall apply for any gaps in the provisions.
16 Applicable Law, Court of Jurisdiction
These General Terms and Conditions are subject to and governed by Swiss law. Unless inconsistent with mandatory legal provisions, the relevant appropriate court has jurisdiction exclusively at the head office of the vendor. The agreement of the United Nations Convention on the International Sale of Goods is expressly excluded.