Legal

TERMS OF USE

1. ACCEPTANCE AND MODIFICATION OF THE TERMS OF USE

1.1 Your access and use of the website (the “Website”) of SWISS WINE SELECTION SA (hereinafter referred to as “SWISS WINE SELECTION”) are governed by the present terms of use (“Terms of Use”). By accessing, browsing and using our Website you acknowledge that you have read, understood and accepted, without reserve, these Terms of Use, as modified from time to time by us.
1.2 If we decide to modify our Terms of Use, we will post a new dated version on our Website. Therefore, we invite you to consult these Terms of Use from time to time in order to familiarise yourself with any changes.

2. COPYRIGHT AND INTELLECTUAL PROPERTY

2.1 The content of our Website and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the property of SWISS WINE SELECTION or are used with the authorisation of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
2.2 Except as provided in Section 3 hereinafter, nothing contained on our Website shall be interpreted or construed as granting you a license or a right to use any such content of our Website.

3. USE OF THE WEBSITE

You may download, display or print the content of our Website solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Website, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of SWISS WINE SELECTION.

4. INFORMATION DEEMED NON-CONFIDENTIAL

Any personally identifying data and information that you may send via the Internet to our Website are protected and treated according to our Privacy Policy. SWISS WINE SELECTION invites you to read such Privacy Policy carefully before providing us with any such personally identifying data and information.

5. LIMITATION OF LIABILITY

You access, use, browse and navigate on our Website at your own risk and peril.

6. CHANGE OF INFORMATION

The content of our Website may contain inaccuracies or errors. SWISS WINE SELECTION reserves the right to make changes, corrections and/or improvements to such content at any time without prior notice, but does not assume any responsibility to do so.

7. LINKS

As a service to our visitors, our Website may contain hypertext links leading to other websites that are not operated or controlled by SWISS WINE SELECTION. SWISS WINE SELECTION shall not be considered responsible for these sites and declines all responsibility and liability in relation to their content, legality, accuracy or functions.

PRIVACY POLICY

SWISS WINE SELECTION SA (hereinafter referred to as “SWISS WINE SELECTION”) is aware that you may wish to be informed about how your personally identifying data and information, such as name, address, telephone numbers or e-mail address etc (“Data”) that you may provide to SWISS WINE SELECTION, are treated. Accordingly, we have developed this Privacy Policy (“Policy”) to explain our use of your Data as well as all our reasonable precautions to keep your Data confidential and secure. By ordering our products and using our services, you are consenting to the Data collection and use practices described in this Policy, as modified from time to time by us. We reserve the right to modify our Policy and invite you to consult this Policy from time to time in order to familiarise yourself with any changes, We will post any new Policy on our website, changing the date in the last paragraph of such Policy.
The terms of this Policy are without prejudice to any contractual terms you may enter into with us, which shall prevail over the terms of this Policy.

1. PLEDGE ON PRIVACY

SWISS WINE SELECTION does not collect and process Data except when voluntarily provided by you. We ensure compliance by our staff with strict standards of security and confidentiality and in processing your Data we pledge to fully comply with recognized standards of privacy protection.

2. INTENDED USE OF DATA

SWISS WINE SELECTION collects and processes Data only for specific and limited purposes which we inform you about when you wish to use certain services. For example, we may collect and use Data to provide you with our products or services, to bill you for products or services you request, to verify your credit, to market products and services we believe might be of interest to you, to receive news releases, or to communicate with you. In addition, we may use your Data to evaluate the effectiveness of and improve our services to our visitors and customers, for our own internal statistics to evaluate customer interests as well as purchasing and other trends among customers and to better determine product development and marketing strategies. By submitting your Data, you expressly consent to such use. SWISS WINE SELECTION keeps your Data only for as long as is reasonably needed for such purposes and in accordance with any applicable legal or ethical reporting or document retention requirements.
Most of our services do not require any form of registration, thereby allowing you to visit our websites, boutiques and bars without telling us who you are. However, some services may require registration. When you register with us, you may need to complete certain fields (some are required, some are optional) as well as to chose a user name and password. In these situations, if you chose to withhold any Data requested by us, it may not be possible for you to gain access to certain parts of our website and for us to respond to your queries.

3. NON DISCLOSURE OF INFORMATION

SWISS WINE SELECTION shall never sell, rent, share or otherwise distribute or make available your Data to third parties, except when required to do so for legal or regulatory purposes. However, Data may occasionally be transferred to third parties, who act for or on behalf of SWISS WINE SELECTION, for further processing in accordance with the purposes for which your Data were originally collected. When disclosure of Data to third parties is likely or necessary for whatever reason, SWISS WINE SELECTION shall ensure that such third parties provide the same level of protection as SWISS WINE SELECTION, and shall contractually require them to process Data transferred only for the purposes authorised by you and on a confidential and secure basis.

4. RIGHT OF ACCESS

You have the right to access and update your Data or to require their deletion. We endeavour to ensure that your Data are up to date, accurate and complete. If you wish to access, correct or delete your Data held by us, please contact SWISS WINE SELECTION by e-mail (info@swisswineselection.ch).

5. SECURITY / CONFIDENTIALITY

We undertake to take all reasonable steps in order not to allow your Data to be seen by third parties other than those who act for or on behalf of SWISS WINE SELECTION and have agreed to treat your Data confidential and secure. Access to Data is restricted to those of our employees on a need to know basis and who have been trained to observe strict standards of confidentiality in handling your Data.
To ensure the security and confidentiality of Data that SWISS WINE SELECTION collects online, we use data networks protected, inter alia, by industry standard firewalls and password protection. Please be aware that the Internet is generally not regarded as a complete secure environment, and that therefore the confidentiality of the Data provided by you or material transmitted via our website or by e-mail cannot be guaranteed by SWISS WINE SELECTION. Thus, we can not be responsible or liable for the security of your Data whilst in transit via the Internet to us.

6. ANONYMOUS DATA / “COOKIE” TECHNOLOGY

Most of the information we collect from our website is anonymous information. When you visit our website, we do not collect any personal Data from you unless specifically, voluntarily and knowingly provided by you. Anonymous information is processed by SWISS WINE SELECTION to help improve the content of our website, to customise our website for our visitors and to learn more about them and how they use our website. In doing so, SWISS WINE SELECTION may use tracking technology (“cookies”) to gather anonymous information, such as browser type, operating systems and the date and time of access. “Cookies” by themselves cannot be used to discover the identity of the user. A “cookie” is a small piece of information which is sent to your browser and stored on your computer hard drive.

7. DATA AND CHILDREN

To respect the privacy of children and to comply with the laws designed to protect children, children under the age of 18 should not provide any Data. SWISS WINE SELECTION will not knowingly collect, use, or disclose Data from a minor under the age of 18, without obtaining prior consent from a person with parental responsibility (parent, guardian).
Our website is a general audience site that is not designed nor intended to collect Data from children under the age of 18. We ask that parents supervise their children while online.

8. LINKS TO OTHER WEBSITES

As a service to our visitors, our website may provide hyperlinks to other websites that are not operated or controlled by SWISS WINE SELECTION. Therefore, SWISS WINE SELECTION can not be responsible or liable for the content of such websites or the privacy practises of such other parties. Please note that these privacy practises may differ from our Policy. We encourage you to review and understand their privacy practises before providing them with personal information.

GENERAL CONDITIONS OF SALE

1. APPLICABILITY OF GENERAL CONDITIONS OF SALE

1.1 Each order placed with SWISS WINE SELECTION SA (hereinafter referred to as “SWISS WINE SELECTION”) by means of the Internet shall be governed by the present General Conditions of Sale. They shall apply to the exclusion of all other conditions. By placing an order, you acknowledge that you have read, understood and accepted, without reserve, the present General Conditions of Sale.
1.2 By using this website, you also accept and agree to be bound by our Terms of Use and Internet Privacy Policy. SWISS WINE SELECTION invites you to read them carefully before using the services provided on this website.
1.3 SWISS WINE SELECTION reserves the right, at any time, to modify the present General Conditions of Sale by posting a new dated version on this website. By placing an order after SWISS WINE SELECTION has posted a new version of its General Conditions of Sale, you agree to be bound by that updated version.

2. REGISTRATION

2.1 When you register on this website, you confirm that you are at least 18 years old and have full legal capacity.
2.2 You must ensure that the mandatory registration information you provide is correct and complete.
2.3 Please inform SWISS WINE SELECTION about changes of address or other modifications by updating your personal details on this website without delay.

3. PASSWORD

3.1 When registering to use this website, you will be asked to create a password. You must keep this password strictly confidential and not disclose it or share it with anyone.
3.2 You are fully responsible for the use of your password and any orders placed under it, even without your knowledge.
3.3 If you know or suspect that someone else knows or has used your password, you should notify SWISS WINE SELECTION immediately.

4. ORDERS

4.1 By placing an order through this website, you make an offer to purchase the products you have selected under these General Conditions of Sale.
4.2 Orders you place with SWISS WINE SELECTION on this website are subject to minimum and maximum quantity limitations. Wine is sold in cases of 3, 6, 12, 18, 24, 30 and 36 bottles. It is possible to mix different wines from the same wine-maker in one box.
4.3 SWISS WINE SELECTION offers its products on this website within the limits of its available stocks.

5. ORDER CONFIRMATIONS

5.1 The order you place on this website will not constitute a binding contract unless and until SWISS WINE SELECTION transmits a confirmation by e-mail.
5.2 SWISS WINE SELECTION reserves the discretionary right to refuse orders, notably in relation to creditworthiness or unpaid invoices.
5.3 The data registered by SWISS WINE SELECTION constitutes full proof of the order and the entire transaction. The data registered by the payment system constitutes full proof of the financial transactions.

6. PRICES

6.1 Prices quoted on the website are in Swiss francs. All orders are payable in Swiss francs exclusively.
6.2 The prices payable for the items you order are those displayed on this website on the date you place your order, inclusive of VAT, but excluding handling and shipment costs.
6.3 Handling and shipment costs will be billed at the rates indicated on this website on the date you place your order, calculated in function of the numer of suppliers weight and size of the order.
6.4 SWISS WINE SELECTION reserves the right to modify its prices and delivery charges at any time and to cancel a contract in case of writing, printing or calculation errors.

7. DELIVERY

7.1 All orders confirmed by SWISS WINE SELECTION will be delivered to the delivery address you specify when placing your order.
7.2 SWISS WINE SELECTION does its utmost to ensure deliveries within 6 working days after receipt of an order.
7.3 Deliveries can only be made to Switzerland.

8. VERIFICATION OF MERCHANDISE

8.1 It is your responsibility to verify the quantity and condition of the merchandise upon delivery.
8.2 In case of damage or missing items, you must notify and file claim with the carrier and inform SWISS WINE SELECTION by e-mail (info@swisswineselection.ch) within 7 days of taking delivery. SWISS WINE SELECTION shall in such a case provide you with identical replacement merchandise.

9. RETURNS

9.1 You have the right to return any merchandise that does not suit you within 14 days after receipt of the order.
9.2 SWISS WINE SELECTION will only accept returns of merchandise in their original condition and packaging accompanied by the invoice.
9.3 In the event of corked bottles, SWISS WINE SELECTION will refund the affected bottles providing they are returned 3/4 full with the original cork.
9.4 When returns are properly completed, SWISS WINE SELECTION shall reimburse the price of the returned merchandise and the invoiced delivery charges within a maximum of 30 days upon reception of the returned merchandise. The return postage will be at your charge.

10. PAYMENT

10.1 Payment by credit card is immediately due and payable. Your credit card details will be encrypted for security purposes.
10.2 Payment by invoice is due within 14 days net. SWISSBILLING SA is a service that allows you to pay your order by invoice, easily and securely. The invoice will be sent to you by SWISSBILLING separately from the parcel, by e-mail or by post, as you wish. The services provided by SWISSBILLING incur additional billing costs of CHF 3.70 for an invoice by e-mail or CHF 5.00 for an invoice by post. The maximum amount for an initial purchase with SWISSBILLING is CHF 500.00. The payment period is 14 days from receipt of the invoice.
For reasons of security, the billing address and the delivery address must be identical. Before accepting your order, SWISSBILLING SA reserves the right to check your credit rating on the CRIF AG database in Zurich (Tel. 0848 333 222, www.crif.ch).

11. LIMITATION OF LIABILITY

The photographs and texts illustrating and describing the products on this website are non-contractual and for information purposes alone. SWISS WINE SELECTION shall not be liable in case of errors or omissions in the photographs or texts displayed on this website.

12. FORCE MAJEURE

12.1 SWISS WINE SELECTION will make every reasonable effort to fulfill its obligations. However, SWISS WINE SELECTION cannot be held responsible for delays or failure to deliver caused by circumstances beyond its reasonable control. Such circumstances include strikes, wars, natural catastrophes or any others that make impracticable the production, transportation or delivery of products.
12.2 In the event of delay, SWISS WINE SELECTION will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining product supply among customers in a fair and reasonable manner.

13. APPLICABLE LAW AND FORUM

13.1 The present General Conditions of Sale are governed by Swiss law.
13.2 The place of jurisdiction shall be the court of jurisdiction for the headquarters of SWISS WINE SELECTION.

© SWISS WINE SELECTION SA All rights reserved. 07.2017