Terms and Conditions (GTC)

General terms and conditions for customers of the BOCCATOSCANA webshop

1) GENERAL

1. The Cantina Di Giovanni sells products and provides services, in particular via the website www.BOCCATOSCANA.ch (hereinafter “Webshop”). The present 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. (Purchaser hereinafter referred to as “customer”, Cantina Di Giovanni and the customer together hereinafter referred to as “parties”).
2. The customers are usually consumers within the meaning of § 1 Para. 1 Z 2 and § 1 Para. 3 KSchG.
3. For the purpose of better legibility, no gender-specific differentiation is made. This is done without any intention of discrimination. All genders are addressed equally.
4. The offer is aimed at adult, natural or legal persons who purchase products for their private use, residing in Switzerland and the Principality of Liechtenstein.
5. Any general terms and conditions of the customer are hereby waived by the parties.
6. Deviations from these General Terms and Conditions are only valid if they have been agreed by the parties in writing or by e-mail.
7. The use of customer data is regulated in the data protection declaration. Reference is expressly made to the data protection declaration.
8. Consent to these GTCs is given by using or utilizing the relevant services; the customer can be asked by BOCCATOSCANA to repeat his consent to the terms and conditions by clicking on a corresponding confirmation field.
9. Customers acknowledge and agree to these GTC by accepting these GTC.

2) REGISTRATION

1. 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 e-mail address and his password.
2. If the customer is ordering on the BOCCATOSCANA website for the first time and does not yet have an online account, he will be asked to set up a user account and enter the necessary customer data when placing the first order. The data required for registration must be provided completely and truthfully by the customer. The customer is responsible for updating his data. Registration is free. There is no entitlement to admission to the BOCCATOSCANA webshop.
3. The customer undertakes to protect access to his user account and not to pass on the password used for access to third parties.
4. An info mail with the latest news or special promotions can be sent several times a year to the e-mail address provided during registration. The customer can unsubscribe from this info mail at any time by clicking on the corresponding link in the footer at the bottom of the e-mail.

3) ORDERS

1. 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 an adult accepts the delivery. This applies to personal acceptance in the case of delivery by delivery services as well as in the case of a deposit in front of the door.
2. All offers from BOCCATOSCANA are non-binding.
3. BOCCATOSCANA endeavors to reproduce the 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 on allergies, intolerances, diabetes, etc. on the product packaging before consumption.
4. Orders can only be changed as long as the customer has not yet completed the ordering process by clicking on the “Send order” confirmation button. If the customer has clicked on the confirmation button and thus submitted his offer to BOCCATOSCANA, it is no longer possible to change the order.
5. After receipt of an order, the customer usually receives an immediate confirmation of receipt to the e-mail address provided by the customer. This confirmation of receipt represents the acceptance of the offer by BOCCATOSCANA and has no legal effect.
6. By clicking on the “Send order” button, the customer confirms the correctness of all the information he has provided and submits his binding offer to purchase the ordered products. The contract between the parties regarding the purchase is only concluded as soon as BOCCATOSCANA has provided the corresponding service (e.g. dispatch or handover of products) or an order confirmation has been sent.
7. With the respective order, the customer submits an offer to which he is bound for 2 weeks after receipt by BOCCATOSCANA. At the request of the customer, 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 as follows: contact form. The cancellation is only valid if customer service confirms the cancellation in writing.
8. For its part, BOCCATOSCANA reserves the right to cancel orders. In this case, the customer will be informed by e-mail before the goods are delivered.
9. All services to be provided by BOCCATOSCANA are finally listed in the delivery note and/or the order confirmation from BOCCATOSCANA.
10. The customer checks the documents created by BOCCATOSCANA, in particular invoices, delivery notes and order confirmations, within 3 calendar days after they have been sent (digitally or by post) or handed over. The customer shall inform BOCCATOSCANA in writing of any discrepancies during this period, otherwise the documents shall be deemed to have been approved by him.

4) CANCELLATIONS AND CHANGES OF YEARS

1. The customer has no right to have his offer accepted by BOCCATOSCANA. Without giving reasons, BOCCATOSCANA is free at any time to cancel orders and/or 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.
2. Under no circumstances is the procurement of products or specific vintages of wines obligatory for BOCCATOSCANA. If a different vintage of a wine is delivered than ordered, BOCCATOSCANA will inform the customer in advance of the planned replacement vintage. The customer is entitled and obliged to inform within 7 calendar days whether he agrees to the replacement year or waives the delivery. If BOCCATOSCANA does not receive a message from the customer within this period, this is deemed to be the customer’s waiver of the wine delivery. Within 14 days, the customer will be refunded the price already paid, including shipping and packaging costs, to the account details provided.
3. All further claims of the customer from the business transactions mentioned in this clause 2 are excluded.

5) DELIVERY TERMS AND DATES

1. Products are only delivered to delivery addresses within Switzerland and the Principality of Liechtenstein.

2. Delivery by the company “Die Post/DPD” (shipping wine with VINOLOG®). In the case of delivery with VINOLOG®, the earliest delivery time is on the third working day after receipt of the order, whereby the day of the order is not counted. Example: If you order the wines on Monday, the earliest delivery time is Thursday of the same week. In the case of delivery with DPD, the earliest delivery time is on the second working day after receipt of the order, whereby the day of the order is not counted.

3. The general delivery conditions of the post office apply to deliveries with VINOLOG®. The delivery will be handed over personally. Depositing in front of the door is not possible. If it is not possible to hand it over personally at the delivery time, a collection slip will be left in the mailbox. The customer can choose a second free delivery by means of a pick-up slip or pick up the delivery itself at a post office collection point. DPD’s general terms and conditions of delivery apply to deliveries with DPD®. The delivery will be handed over personally. Depositing in front of the door is not possible. If it is not possible to hand it over personally at the delivery time, a pick-up slip will be left in the mailbox. The customer can choose a second delivery free of charge by means of a pick-up slip or pick up the delivery himself at a DPD collection point.

4. The delivery and shipping costs are 11 CHF up to 5kg, 12 CHF up to 10kg, 16.50 CHF up to 20kg and 23 CHF up to 30kg.

5. 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 risk of transport and delivery in connection with his orders from BOCCATOSCANA.

6. Communicated shipping and delivery dates are for customer orientation only and are not legally binding.

7. BOCCATOSCANA strives to deliver all ordered products in sufficient quantity and in high quality. In exceptional cases, however, it may happen that, for various reasons, there are not enough products available or cannot be released for delivery. BOCCATOSCANA therefore reserves the right to make deliveries in several parts. Such partial deliveries do not result in any additional costs for the customer.

8. If the shipment of a delivery (or parts thereof) is more than 10 working days later than the date communicated by BOCCATOSCANA, the customer is entitled to waive the delayed part of the delivery. Such a waiver is valid only if it is promptly declared and received by BOCCATOSCANA prior to shipment of the delayed portion of the shipment. Otherwise, the customer has no rights against BOCCATOSCANA if shipping and delivery dates are exceeded.

9. If successful delivery is not possible or only possible under difficult circumstances for reasons for which BOCCATOSCANA is not responsible (e.g. wrong delivery address, absence of the recipient, lack of access permission, etc.), the customer is obliged to place BOCCATOSCANA in the same financial position as if the delivery had been successful (at least payment of the shipping and packaging costs).

6) PRICES AND EXPENSES

1. All prices are in Swiss francs exclusive of VAT. This will not be charged.

2. The price in the online shop at the time of the order is decisive.

3. Shipping and packaging costs will be charged to the customer separately.

4. Decisive 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 at the end of the ordering process .

7) PAYMENT TERMS

1. Various payment methods are available for payment depending on the range and shipping method, whereby BOCCATOSCANA is entitled to decide at its own discretion which means of payment it accepts in each specific individual case.

2. Irrespective of the agreed payment method, BOCCATOSCANA is entitled to deliver or fulfill orders only against prepayment and to demand such prepayment for the delivery even after the order has been received.

3. BOCCATOSCANA invoices are to be paid within the period printed on the invoice (from the invoice date) and without any deductions to the BOCCATOSCANA account indicated thereon. With the expiry of the payment period, the customer is in arrears without further ado. BOCCATOSCANA is entitled to the statutory rights of default.

4. As long as the goods, including ancillary costs and other costs incurred with the delivery, have not been paid in full, the goods remain the property of Cantina Di Giovanni.

8) EXAMINATION OF CUSTOMERS

1. The customer shall check deliveries received from BOCCATOSCANA within 3 calendar days of delivery or collection and shall notify BOCCATOSCANA of any visible defects found and incomplete deliveries in writing or by e-mail during this period. After this period has expired without being used, the deliveries received from BOCCATOSCANA and the scope of the delivery are deemed to have been approved by the customer.

9) GUARANTEE, IN PARTICULAR FOR TAP WINE, AND LIABILITY

1. The warranty period for hidden defects is two years from handover or delivery of the services to be provided by BOCCATOSCANA.

2. If the customer finds that a bottle of wine purchased from BOCCATOSCANA is faulty (hereinafter referred to as “tap wine”), this bottle will be replaced by BOCCATOSCANA under the following conditions (cumulative):

             1. The warranty period (section 9.1) has not yet expired 

             2. The bottle is at least 2/3 full; and BOCCATOSCANA can also determine the error.

3. With the exception of the defect rights mentioned in sections 1 and 2, the customer has no warranty rights against BOCCATOSCANA.

4. The contractual and non-contractual liability of BOCCATOSCANA is excluded to the extent permitted by law. In particular, BOCCATOSCANA is not liable for any personal injury and/or financial loss (direct or indirect) and/or lost profit. In any case, the guarantee and liability of BOCCATOSCANA is limited to the price of the service in question from BOCCATOSCANA.

10) Returns

1. The costs for the return shipment must be borne by the customer himself.

2. 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 details (name, address, order number) and the reason for the return in the package.

3. You should obtain proof of postage and keep it until you receive the refund or replacement.

4. The returned products will be processed within 5 business days (excluding Saturdays) upon receipt.

5. You must pack the goods with reasonable care so that the products are not damaged in transit.

6. You can return any unopened product that has not been used and is still in the original packaging to us. Please pack the returned products well to avoid damage during return.

More detailed legal information on the subject of withdrawal/cancellation can be found here.

11) REFUND

1. As soon as we have received your return properly and within the 14-day return period, you will get your money back. We can also create a purchase voucher if you wish.

2. Depending on how you paid with us, you will receive the refund within a few days using the same payment source.

3. If you need a credit note, we’ll be happy to send you one.

12) APPLICABLE LAW, PLACE OF PERFORMANCE AND JURISDICTION

1. These GTC shall be governed exclusively by Swiss substantive law. The applicability of the CISG is excluded. 

2. All disputes arising out of or in connection with the contract between the parties, including those concerning its valid formation, its legal effectiveness, its modification or termination, will be decided by the competent courts at the registered office of BOCCATOSCANA. The court at the place of residence, registered office or domicile of the customer is also responsible for complaints by BOCCATOSCANA and in the legally mandatory cases.