Terms and Conditions (GTC)
TERMS AND CONDITIONS
General terms and conditions for customers of the BOCCATOSCANA web shop
- Cantina Di Giovanni sells products and provides services, in particular via the website www.BOCCATOSCANA.ch (hereinafter “webshop”). These General Terms and Conditions (hereinafter “GTC”) apply to all legal relationships between Cantina Di Giovanni and the purchaser of products and/or services from BOCCATOSCANA. (Recipient hereinafter referred to as “Customer”, Cantina Di Giovanni and the Customer together hereinafter referred to as “Parties”).
- The customers are usually consumers within the meaning of Section 1 Paragraph 1 Z 2 and Section 1 Paragraph 3 KSchG.
- For the purpose of better readability, no gender-specific differentiation is made. This is done without any intention to discriminate. All genders are addressed equally.
- The offer is aimed at natural or legal persons of legal age who purchase products for their private use and who reside in Switzerland and the Principality of Liechtenstein.
- Any general terms and conditions of the customer are hereby excluded by the parties.
- Deviations from these General Terms and Conditions are only valid if agreed by the parties in writing or by email.
- The use of customer data is regulated in the data protection declaration. Express reference is made to the data protection declaration.
- Agreement to these Terms and Conditions occurs through use or utilization of the relevant services; The customer may be asked by BOCCATOSCANA to repeat his consent to the General Terms and Conditions by clicking on a corresponding confirmation field.
- The customer acknowledges and agrees to these Terms and Conditions by accepting these Terms and Conditions.
- Registration on the BOCCATOSCANA website is reserved exclusively for persons with legal capacity. In order to place an order with BOCCATOSCANA, the customer must identify himself with his email address and password.
- If the customer orders on the BOCCATOSCANA website for the first time and does not yet have an online account, he or she will be asked to set up a user account and provide the necessary customer data when ordering for the first time. The customer must provide the data required for registration completely and truthfully. The customer is responsible for updating his data. Registration is free of charge. There is no entitlement to admission to the BOCCATOSCANA web shop.
- The customer undertakes to protect access to his user account and not to pass on the password used for access to third parties.
- An information email with current news or special promotions can be sent several times a year to the email address provided during registration. The customer can unsubscribe from this information email at any time by clicking on the corresponding link in the footer at the bottom of the email.
- Cantina Di Giovanni does not sell alcohol to anyone under the age of 18. By purchasing such products, the customer confirms that they are at least 18 years old. When ordering alcoholic beverages, the customer must be able to show ID upon request. By ordering alcoholic beverages, the customer undertakes to ensure that the delivery is accepted by an adult. This applies to personal acceptance in the case of delivery by delivery services as well as in the case of deposit in front of the door.
- All offers from BOCCATOSCANA are non-binding.
- BOCCATOSCANA makes every effort to display product information correctly. The product information published online is updated regularly and with the greatest care. In exceptional cases, this information may differ from the information actually printed on the packaging. In this case, the information on the packaging is always decisive. In any case, the customer is obliged to read specific information about allergies, intolerances, diabetes, etc. on the product packaging before consumption.
- Orders can only be changed as long as the customer has not yet completed the ordering process by clicking the “Send order” confirmation button. Once the customer has clicked on the confirmation button and BOCCATOSCANA has submitted their offer, it is no longer possible to change the order.
- After receiving an order, the customer usually immediately receives a confirmation of receipt to the email address provided by the customer. This confirmation of receipt constitutes acceptance of the offer by BOCCATOSCANA and has no legal effect.
- By clicking on the “Submit order” button, the customer confirms the accuracy of all the information he has provided and submits a binding offer to purchase the ordered products. The contract between the parties regarding the purchase is only concluded once BOCCATOSCANA has provided the relevant service (e.g. shipping or handover of products) or an order confirmation has been sent.
- By placing an order, the customer submits an offer to which he is bound for 2 weeks after receipt by BOCCATOSCANA. At the customer's request, BOCCATOSCANA can voluntarily cancel the order, but is not obliged to do so. To cancel the order, the customer must contact customer service. Customer service can be contacted using the following contact form . The cancellation is only valid if customer service confirms the cancellation in writing.
- For its part, BOCCATOSCANA reserves the right to cancel orders. In this case, the customer will receive notification by email before the goods are delivered.
- All services to be provided by BOCCATOSCANA are listed conclusively in the delivery note and/or order confirmation from BOCCATOSCANA.
- The customer checks the documents created by BOCCATOSCANA, in particular invoices, delivery notes and order confirmations, within 3 calendar days of their dispatch (digitally or by post) or handover. The customer must notify BOCCATOSCANA in writing of any discrepancies during this period, otherwise the documents are deemed to have been approved by him.
4) CANCELLATIONS AND CHANGES OF YEARS
- The customer has no right to have his offer accepted by BOCCATOSCANA. BOCCATOSCANA is free to cancel and/or only partially fulfill orders at any time without giving reasons. In the event of a partial or complete cancellation of the order, the customer only pays for the partial service actually provided.
- In no case is the procurement of products or specific vintages of wines obligatory for BOCCATOSCANA. If a different vintage of wine is delivered than ordered, BOCCATOSCANA will inform the customer in advance about the planned replacement vintage. The customer is entitled and obliged to inform within 7 calendar days whether he agrees to the replacement vintage or waives delivery. If BOCCATOSCANA does not receive a message from the customer within the deadline, this is deemed to be a waiver by the customer of the wine delivery. Within 14 days, the price already paid, including shipping and packaging costs, will be refunded to the customer to the account details provided.
- All further claims of the customer arising from the business transactions mentioned in this section 2 are excluded.
5) DELIVERY TERMS AND DATES
- Products are only delivered to delivery addresses within Switzerland and the Principality of Liechtenstein.
- Delivery by the company “Die Post/DPD” (wine shipping with VINOLOG®). For delivery with VINOLOG®, the earliest delivery time is the third working day after receipt of the order, whereby the order day is not counted. Example: If the wines are ordered on Monday, the earliest delivery time is on Thursday of the same week. For delivery with DPD, the earliest delivery time is the second working day after receipt of the order, whereby the order day is not counted.
- The general postal delivery conditions apply to deliveries with VINOLOG®. The delivery will be handed over personally. It is not possible to deposit items in front of the door. If personal handover is not possible at the delivery time, a collection note will be left in the mailbox. The customer can choose a second free delivery using a collection slip or collect the delivery themselves from a postal collection point. The general delivery conditions of DPD apply to deliveries with DPD®. The delivery will be handed over personally. It is not possible to deposit items in front of the door. If personal handover is not possible at the delivery time, a collection note will be left in the mailbox. The customer can choose a second free delivery using a collection slip or collect the delivery themselves from a DPD collection point.
- The delivery shipping costs are 11CHF up to 5kg, 12CHF up to 10kg, 16.50CHF up to 20kg and 23CHF up to 30kg.
- BOCCATOSCANA hereby assigns to the customer any rights that BOCCATOSCANA is entitled to against the carrier of deliveries to the customer. In return, the customer bears the transport and delivery risk associated with his orders from BOCCATOSCANA.
- Communicated shipping and delivery dates are intended solely for customer orientation and are not legally binding.
- BOCCATOSCANA strives to deliver all ordered products in sufficient quantities and in high quality. In exceptional cases, it may still happen that for various reasons there are not enough products available or cannot be released for delivery. BOCCATOSCANA therefore reserves the right to carry out deliveries in several parts. Such partial deliveries do not result in any additional costs for the customer.
- If the dispatch of a delivery (or parts thereof) is delayed by more than 10 working days compared to the date communicated by BOCCATOSCANA, the customer is entitled to waive the delayed part of the delivery. Such waiver will only be valid if declared immediately and received by BOCCATOSCANA before the dispatch of the late part of the delivery. Otherwise, the customer has no rights against BOCCATOSCANA if shipping and delivery dates are exceeded.
- If successful delivery is not possible or only possible under difficult circumstances for reasons for which BOCCATOSCANA is not responsible (e.g. incorrect delivery address, absence of the recipient, lack of access permit, etc.), the customer is obliged to place BOCCATOSCANA in the same financial position as if Delivery would have been successful (at least shipping and packaging costs covered).
6) PRICES AND COSTS
- All prices are in Swiss francs exclusive of VAT. This is not calculated.
- The price in the online shop at the time of the order is decisive.
- Shipping and packaging costs will be charged to the customer separately.
- The decisive factor for the agreed prices and costs is the invoice from BOCCATOSCANA or, if one is missing or incomplete, the order confirmation, or if one is also missing or incomplete, the prices and costs communicated to the customer when completing the ordering process.
7) PAYMENT TERMS
- Various payment methods are available for payment depending on the product range and shipping method, although BOCCATOSCANA is in any case entitled to decide at its own discretion which means of payment it accepts in each specific individual case.
- Regardless of the agreed payment method, BOCCATOSCANA is entitled to deliver or provide orders only against advance payment and to demand such advance payment for delivery even after the order has been received.
- Invoices from BOCCATOSCANA must be paid within the deadline printed on the invoice (from the invoice date) and without any deductions to the BOCCATOSCANA account specified therein. Once the payment deadline has expired, the customer is immediately in default. BOCCATOSCANA is entitled to the statutory rights of default.
- As long as the goods, including additional costs and other costs incurred with delivery, have not been paid for in full, the goods remain the property of Cantina Di Giovanni.
8) TESTING OF CUSTOMERS
- The customer inspects deliveries received from BOCCATOSCANA within 3 calendar days of delivery or collection and notifies BOCCATOSCANA in writing or by email of any visible defects and incomplete deliveries discovered during this time. After this period has expired, the deliveries received from BOCCATOSCANA and the scope of the delivery are deemed to have been approved by the customer.
9) WARRANTY, PARTICULARLY FOR TAP WINES, AND LIABILITY
- The warranty period for hidden defects is two years from the handover or delivery of the services to be provided by BOCCATOSCANA.
- If the customer discovers that a bottle of wine purchased from BOCCATOSCANA is defective (hereinafter “cone wine”), this bottle will be replaced by BOCCATOSCANA under the following conditions (cumulative):
- The warranty period (Section 9.1) has not yet expired;
- The bottle is at least 2/3 full; and BOCCATOSCANA can also detect the error.
- With the exception of the defect rights mentioned in sections 1 and 2, the customer is not entitled to any warranty rights against BOCCATOSCANA.
- BOCCATOSCANA's contractual and non-contractual liability is, to the extent permitted by law, completely excluded. In particular, BOCCATOSCANA is not liable for any personal injury and/or financial loss (direct or indirect) and/or loss of profit. In any case, BOCCATOSCANA's warranty and liability is limited to the price of the relevant BOCCATOSCANA service.
- The costs for return shipping must be borne by the customer himself.
- Returns must be sent to the following address:
BOCCATOSCANA, Cantina Di Giovanni, Salinenstrasse 34b, CH-4310 Rheinfelden. Please enclose the cancellation form or a note with your data (name, address, order number) and the reason for return in the package.
- You should obtain proof of postage and keep it until you receive the refund or replacement.
- The returned products will be processed within 5 working days (excluding Saturdays) upon receipt.
- You must pack the goods with reasonable care so that the products are not damaged in transit.
- You can return any unopened products that are not used and still in their original packaging to us. Please pack the returned products well so that they are not damaged during return.
You can find more detailed legal information on the subject of withdrawal/revocation here .
- As soon as we receive your return properly and within the 14-day return period, you will get your money back. We can also create a purchase voucher if desired.
- Depending on how you paid with us, you will receive the refund back to the same payment source within a few days.
- If you need a credit note, we will be happy to send you one.
12) APPLICABLE LAW, PLACE OF PERFORMANCE AND JURISDICTION
- Only substantive Swiss law applies to these General 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 concerning its validity, legal effect, modification or termination, will be decided by the competent courts at the registered office of BOCCATOSCANA. The court at the customer's place of residence, registered office or domicile is also responsible for lawsuits brought by BOCCATOSCANA and in cases required by law.