Provider and Scope
These General Terms and Conditions (GTC) apply to all business relationships between the
Vinothèque La passion du vin SA
Schauplatzgasse 27, 3011 Bern, Switzerland
CHE-104.662.838
Phone number: +41 31 312 70 40
Email address: info@passionduvin.ch
hereinafter "La passion du vin", "we" or "us", and its customers.
These GTC particularly apply to:
- Purchases through our online shop
- Orders by email, phone, or other means
- Purchases in our wine shops
- Purchases at our sales stands and wine fairs
- Services of our wine bar
- Reservations
- Tastings and courses
- public events
- private and business occasions
- Caterings and external events
Insofar as special conditions are agreed for individual offers, events, or orders, or are explicitly stated in an offer, reservation, or order confirmation, these take precedence over the present GTC.
Private customers are considered to be natural persons who purchase goods or services primarily for personal or family purposes.
Business customers include in particular companies, self-employed individuals, gastronomy businesses, resellers, as well as other persons and organizations that primarily obtain our services for business or professional purposes.
Offer and Contract Conclusion
The presentation of products, prices, and services on our website, in catalogs, price lists, or other communication media generally constitutes an invitation to order.
By submitting an order, the customer makes a binding offer to conclude a contract.
An automatically sent order confirmation or receipt confirmation generally only confirms the receipt of the order and does not yet constitute acceptance, unless something else is expressly stated therein.
The contract is concluded with our express order confirmation, with our shipping confirmation, or at the latest upon delivery or provision of the ordered goods.
For purchases made at our retail outlets, at wine fairs or at the wine bar, the contract is generally concluded immediately upon purchase or when the order is placed.
We are entitled to refuse orders, particularly due to lack of availability, insufficient age verification, negative credit checks, obviously incorrect price indications, or other factual reasons.
Payments already made for unaccepted orders will be refunded.
Products, Availability, and Vintages
Our range partially includes products with limited availability. In particular, for wines, rarities, older vintages, special formats, and promotional offers, interim sales and stock discrepancies cannot be completely excluded.
Vintage changes are reserved for products marked accordingly.
For wines in the current standard range, if a vintage is sold out, the next available vintage of the same wine may be delivered, provided that the specific vintage was not expressly designated as a binding feature of the offer.
If a specific vintage is an essential part of the offer, especially for rarities, older vintages, or expressly vintage-specific offers, no vintage change will occur without the customer's consent.
If a vintage change leads to a significant alteration of the product character or a price change, we will inform the customer before delivery. A price increase due to a vintage change will not occur without the customer's consent.
Images of bottles, labels, capsules, or packaging serve to represent the product. Minor changes do not constitute a defect, provided that the identity, quality, and essential characteristics of the ordered product are not altered.
Prices and Value Added Tax
For private customers, the stated sale prices are in Swiss francs including the statutory value added tax, unless expressly stated otherwise.
Shipping, express, delivery, or other additional costs will be itemized separately as they arise.
For business customers, individual prices, discounts, and terms may apply. Business customer prices and B2B offers may be stated plus value added tax, if this is appropriately marked.
The price confirmed at the time of contract conclusion is decisive.
Obvious writing, calculation, system, or pricing errors are reserved. In the case of an obviously incorrect price, we are not obligated to deliver the goods at that price. We will inform the customer as quickly as possible in such cases and offer the order at the correct price if possible.
Promotions, discounts, and promotional codes are only valid during the specified period and according to the communicated conditions.
Multiple discounts can only be combined if this is explicitly provided.
Youth protection and age verification
Alcoholic beverages will only be provided to individuals who have reached the legally required minimum age.
In Switzerland, a minimum age of 16 years applies for wine, beer, and other fermented alcoholic beverages, and 18 years for spirits and other drinks containing distilled alcohol.
Further cantonal or legal provisions remain reserved.
For deliveries to Liechtenstein, the applicable legal youth protection regulations there apply.
By placing the order, the customer confirms that they have reached the legally required minimum age for the ordered products and provides truthful information about their age. This confirmation does not replace a required age verification.
La passion du vin is entitled to verify the age during the ordering process, at registration, upon pickup, or at delivery using appropriate methods and to request an official proof of age.
If the required minimum age cannot be sufficiently verified or there are legitimate doubts, orders, deliveries, or handovers may be refused.
The customer may not order or accept alcoholic products for persons who have not reached the legally required minimum age.
Payment methods and purchase on account
Depending on the sales channel, the payment methods offered there are available.
In the online shop, TWINT, Visa, Mastercard, PostFinance, prepayment - as well as purchase on account with appropriate approval - can be offered.
Boncard wird insbesondere an unseren physischen Verkaufsstellen bzw. POS-Systemen akzeptiert, soweit verfügbar.
There is no entitlement to a specific payment method.
Purchasing on account requires sufficient creditworthiness. We may conduct a credit check or have it conducted by a specialized service provider. For this, we particularly work with Intrum.
In cases of insufficient creditworthiness, for new customers, exceptional or individually procured orders, high order values, or for other factual reasons, we may require prepayment, a deposit, or another payment method.
The payment term for purchases on account is generally 30 days from the invoice date for private customers, unless a different payment term is specified on the invoice or order confirmation.
For business customers, the individually agreed payment terms apply. Without special agreement, the payment term is generally 30 days net.
Payment default and collection
After the occurrence of payment default, a default interest of 5 percent per year will be charged on the outstanding claim.
We are entitled to remind of outstanding claims and, if necessary, to assert them through debt collection or by a specialized collection service provider.
For debt collection, we work with mediserv AG.
Legally owed collection and legal enforcement costs as well as any proven additional delay damages are reserved.
Flat reminder fees are only owed if such a fee has been expressly agreed upon in the individual case or transparently communicated before the conclusion of the contract.
Delivery area and standard delivery
We generally deliver to delivery addresses in Switzerland and the Principality of Liechtenstein.
For private customers, the following delivery costs apply for standard deliveries:
Goods value up to CHF 149.99: CHF 15.00 per order
Order value above CHF 150.00: free standard delivery
The relevant goods value is after deducting discounts and promotional vouchers, but before accounting for paid gift vouchers.
For business customers, delivery costs and delivery conditions are individually determined based on delivery location, order volume, and business relationship.
The selection of the appropriate means of transport and logistics company is fundamentally up to us.
Delivery can be made particularly by our own logistics, Swiss Post, or another suitable transport service provider. The majority of deliveries are carried out with our in-house logistics.
Delivery times and express deliveries
The usual delivery time for available goods is approximately 1 to 5 working days from the conclusion of the contract or, in the case of advance payment, from the receipt of payment.
The specified delivery period is essentially a guideline and not a guaranteed fixed date, unless such a date has been expressly confirmed.
Express or scheduled deliveries are possible depending on availability and prior agreement.
For a standard express or scheduled delivery, private customers are generally charged a delivery fee of CHF 25.00 per shipment.
This amount replaces the usual standard delivery fee for such a delivery and is not charged in addition to any applicable standard delivery fee.
For special couriers, extraordinary delivery volumes, specific time windows, or other special requirements, the price will be individually agreed upon before execution.
An express or scheduled delivery is only considered guaranteed if the specific date has been expressly confirmed by us.
In the event of unforeseen delays, we will inform the customer as far as possible.
Mandatory legal rights in the event of delivery delays remain reserved.
Delivery, transport damage, and inspection of the shipment
The customer is requested to check the delivery upon receipt for obvious damage, shortages, and incorrect deliveries.
Transport damages should be reported directly to the carrier if possible and additionally as soon as possible to La passion du vin.
For prompt processing, we may request photos of the damaged packaging, the shipping label, and the affected goods.
In the case of justified transport damages, we will provide replacement at our discretion and as far as possible, or refund the corresponding purchase price.
For private customers, the risk of accidental loss or damage generally passes to the customer or a designated authorized recipient upon delivery.
Business customers must report obvious defects, shortages, or incorrect deliveries within a reasonable time after receipt. Hidden defects must be reported as soon as they are discovered.
For business customers, the risk may pass upon delivery of the goods to the carrier, unless otherwise agreed.
Return Policy
We voluntarily grant private customers a 14-day right of return, starting from the date of receipt of the goods, for items ordered via our online shop or other means of distance communication.
We must be notified of the return within the 14-day period. The goods must then be returned by post without delay or handed in at one of our shops.
The products must be unopened, undamaged, complete, and in a condition that allows for proper resale.
The direct costs and risks of return are borne by the customer, unless the return is due to an incorrect delivery or a defect for which we are responsible.
The following are specifically excluded from the voluntary return policy in Switzerland:
- opened beverages
- reduced products
- goods specially procured for the customer
- personalized or custom-made products
- Waren, bei denen vor Vertragsabschluss ausdrücklich eine abweichende Rückgaberegel kommuniziert wurde.
In the case of a proper return, the purchase price paid for the returned goods will be refunded.
Any additional costs incurred for express, scheduled, or special deliveries will not be refunded in the case of a voluntary return.
For private customers residing in Liechtenstein, the mandatory legal provisions regarding distance selling also apply. You generally have the right to withdraw from the contract within 14 days without giving any reasons. For goods, the period generally begins on the day the customer or a person designated by them receives the goods.
To exercise the right of withdrawal, a clear notification within the period to:
Vinothèque La passion du vin SA
Schauplatzgasse 27, 3011 Bern, Switzerland
E-mail address: info@passionduvin.ch
The goods to be returned must then be returned or sent back without unnecessary delay. The direct costs of the return are borne by the customer.
In the case of a valid withdrawal, we will refund the payments made for the returned goods as well as, where legally required, the costs of our cheapest standard delivery offered. Additional costs for express, scheduled, or other more expensive delivery methods chosen by the customer will not be refunded.
We may withhold the refund until we have received the goods back or the customer has provided proof of return, as far as legally permissible.
For the declaration of withdrawal, the following wording can be used, for example:
«I hereby declare the withdrawal from the contract for the purchase of the following goods: [Goods / Order number], ordered on [Date], received on [Date]. Name and address: [Details].»
Legal exceptions to the right of withdrawal remain reserved.
Defects and Warranty
The statutory warranty provisions apply unless something else has been effectively agreed.
Defects found should be reported to us as soon as possible after their discovery.
In the case of justified complaints, we initially strive for a customer-friendly solution, particularly through replacement delivery, credit, price reduction, or refund.
Mandatory legal rights of the customer remain reserved.
Warranty claims for new goods generally expire two years after delivery. Mandatory legal provisions remain reserved.
Natural and typical phenomena for wine such as tartar, sediment, or slight bottle variation do not in themselves constitute a defect.
For products explicitly offered as old wine, rarity, or matured wine, their age, the natural development of the wine, and the condition communicated at the time of sale must be taken into account.
Wine defects and enjoyment guarantee
In addition to the legal rights for defects, La passion du vin offers an enjoyment guarantee for typical wine defects, especially in the case of clear cork taint.
A corresponding wine defect can be reported up to two years after the purchase date.
A verifiable proof of purchase is a prerequisite for a replacement.
We may require that the affected bottle, along with the closure and any remaining contents, be kept for examination and presented or returned to us upon request.
In the case of a justified complaint, we generally replace the affected bottle with the same wine.
If the same wine or vintage is no longer available, we will offer a suitable replacement, a credit, or a corresponding refund if possible.
A purely subjective taste preference, a common bottle variation, natural aging signs, or improper storage after purchase do not count as wine faults.
The enjoyment guarantee does not limit mandatory statutory warranty rights.
Gift vouchers
Paid gift vouchers from La passion du vin can generally be redeemed in our own wine shops, our wine bar, at our own sales stands and wine fairs, as well as through our online shop, provided that redemption is technically possible in the respective sales system.
Gift vouchers are generally transferable unless they have been expressly personalized.
A cash payout of the voucher value or any remaining balance is excluded. In the case of partial redemption, the remaining balance remains valid until the expiration date.
Paid gift vouchers are generally valid for five years from the date of issue, unless a more favorable arrangement for the customer is specified on the voucher.
In the event of loss, theft, or unauthorized use, there is generally no entitlement to replacement. If a voucher can be clearly identified and blocked before its use, we may, at our discretion, issue a replacement voucher.
Promotional, discount, goodwill, and action vouchers are to be distinguished from paid gift vouchers and may be subject to their own validity periods and conditions.
Paid tastings, courses, and public events
Registrations for paid tastings, courses, and comparable events are binding with our confirmation.
Unless otherwise stated for the respective event, participation can be canceled free of charge up to 7 calendar days before the event begins.
Participation fees already paid will be refunded in this case.
In the case of a later cancellation or no-show, there is generally no right to a refund.
The registered spot can be transferred to another suitable person after prior notification, provided there are no personal participation requirements for the event.
If we have to cancel an event, participation fees already paid will be fully refunded.
If a replacement date is offered, the customer can choose between participating in the replacement date and receiving a refund.
Further claims due to a cancellation, especially for travel, accommodation, or other consequential costs, are excluded as far as legally permissible.
Free Events and No-Show
For free events with limited seating, especially for in-house exhibitions or special tastings, we may require a binding registration.
If it is explicitly and clearly indicated at the time of registration, a flat organizational fee of CHF 50.00 per registered person may be charged for no-shows without timely cancellation.
A cancellation at least 24 hours before the start of the reserved time slot is generally considered timely.
In the event of a short-term cancellation for an important reason, particularly due to illness, accident, or a comparable unforeseen event, we generally waive the organizational cost contribution, provided that the cancellation is communicated to us as soon as reasonably possible.
The organizational cost contribution serves to partially offset the organizational, personnel, goods, and preparation costs incurred due to bindingly reserved and subsequently unused places.
The customer retains the right to prove that no or significantly lower expenses were incurred.
Wine bar and regular reservations
The prices shown on the premises or in the current menu apply to drinks served in our wine bar.
Regular table reservations are generally free of charge, unless otherwise agreed or explicitly stated at the time of reservation.
For group reservations, exclusive use of premises, agreed minimum consumptions, menus, tastings, or special services, the respective offer, reservation confirmation, and any subsequent conditions for individual events also apply.
Private and business events, catering, and external events
Offers for private or business events, catering, aperitifs, exclusive use of rooms, corporate events, and external events are valid for the period specified therein.
An order becomes binding with our written or electronic order confirmation.
We are entitled to demand a deposit or advance payment, especially for larger events.
The amount and due date are determined by the respective offer or order confirmation.
Unless a different cancellation policy has been agreed upon in the individual offer, the following cancellation conditions apply:
More than 30 calendar days before the event
No flat cancellation fee. Already bindingly ordered and non-cancellable third-party services or special procurements can be charged at the actual incurred amount.
15 to 30 calendar days before the event
25 percent of the confirmed order value
8 to 14 calendar days before the event
50 percent of the confirmed order value
3 to 7 calendar days before the event
75 percent of the confirmed order value
Less than 72 hours before the event or in case of no-show
100 percent of the confirmed order value
The above amounts are considered a flat-rate compensation for the effort and damage incurred due to the cancellation.
The customer retains the right to prove that La passion du vin has incurred no or significantly lower damage or effort.
Already non-cancellable goods and services purchased specifically for the event can be additionally charged, provided these costs are not already included in the flat-rate amount. A double charging of the same costs does not occur.
For exceptionally large, individual, or elaborate events, different cancellation conditions may be agreed upon in the respective offer.
The basis for calculation is the last confirmed order value or, in the case of billing by number of persons, the last bindingly confirmed number of guests.
The final number of guests must be communicated to us, unless otherwise agreed, no later than 5 working days before the event.
Subsequent reductions in the number of guests can be charged to the extent that corresponding goods, personnel, or services have already been definitively planned or ordered.
Changes in events and force majeure
Changes to the program, producers, speakers, individual wines, menus, or comparable components of an event are reserved, provided that the overall character and value of the event are not significantly impaired.
If a service cannot be provided or cannot be provided as agreed due to an event outside our reasonable control, particularly due to official orders, natural events, significant traffic or transport disruptions, power or system failures, strikes, or comparable extraordinary events, we will strive for an appropriate alternative solution.
If the agreed service cannot ultimately be provided, any payments already made for unprovided services will be refunded in accordance with legal provisions.
Liability
La passion du vin is fully liable for damages caused intentionally or through gross negligence, as well as in all cases where a limitation or exclusion of liability is not legally permissible.
As far as legally permissible, liability for damages caused by slight negligence is limited or excluded.
As far as legally permissible, liability for indirect damages, consequential damages, lost profits, production or operational failures, and comparable indirect damages is excluded, especially towards business customers.
Mandatory statutory liability provisions, especially in the case of personal injury, according to product liability law, as well as other legally non-excludable claims, remain reserved.
For damages or quality impairments that occur after the handover of the goods due to improper storage, especially unsuitable temperatures, strong temperature fluctuations, light, frost, heat, or improper handling, we accept no liability to the extent permitted by law.
Data Protection
The processing of personal data is carried out in accordance with our current privacy policy, which is available on our website.
Personal data may be processed in particular for contract processing, delivery, payment processing, age verification, credit checks, debt collection, reservations, as well as for the organization and execution of events.
Further information on the processed personal data, purposes, recipients, service providers, and rights of affected individuals can be found in our privacy policy.
Special Provisions for Business Customers
For business customers, individual prices, discounts, payment terms, minimum order quantities, delivery costs, and other conditions may apply.
Insofar as an individual offer, price list, framework agreement, or order confirmation deviates from these terms and conditions, the individually agreed regulation takes precedence.
Business customer prices may be quoted exclusive of value-added tax, provided this is clearly indicated.
Unless otherwise agreed, invoices are payable net within 30 days.
We may require a deposit, advance payment, or other appropriate security for larger orders, special procurements, new customers, or for creditworthiness reasons.
Business customers are only entitled to offset claims against La passion du vin if their counterclaim is undisputed or legally established.
Retention rights may only be asserted by business customers to the extent that they are based on the same contractual relationship.
As far as legally permissible, the liability limitations provided in these terms and conditions apply to business customers.
Changes to these terms and conditions
We may change these terms and conditions at any time for future business relationships.
For a contract, the version of the terms and conditions that was valid at the time of the conclusion of the contract is generally decisive.
Changes do not have retroactive effect on already concluded contracts, unless this has been expressly agreed with the customer or mandatory legal provisions provide otherwise.
Partial invalidity
Should any provision of these terms and conditions be wholly or partially invalid or unenforceable, the remaining provisions shall remain unaffected.
In place of the invalid or unenforceable provision, the relevant statutory provisions shall apply.
Applicable law and jurisdiction
Swiss law shall apply in principle.
For consumers, mandatory provisions of the state of their habitual residence remain reserved, to the extent that these must be applied due to applicable legal provisions.
Mandatory legal jurisdictions apply to consumers.
For business customers, to the extent permitted by law, Bern, Switzerland, is the exclusive place of jurisdiction.
Language version
These terms and conditions may be provided in multiple languages.
In case of discrepancies between different language versions, the German version shall prevail, unless mandatory law provides otherwise.
Liability
La passion du vin is fully liable for damages caused intentionally or through gross negligence, as well as in all cases where a limitation or exclusion of liability is not legally permissible.