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La Boutique by Baghera/wines (hereinafter referred to as “the Boutique”) is owned and operated by Baghera/wines Cellar SA, a company based in Geneva, Switzerland, whose address is: 2 rue Adhémar-Fabri, 1201 Geneva, Switzerland.
These General Terms and Conditions of Sale apply to all purchases:
Customers may consult these General Terms and Conditions of Sale at any time on the website, under the “General Terms and Conditions of Sale” section, and/or request a copy from our staff at the Boutique.
Confirmation of an order, or the signing of an offer, constitutes the customer’s full, unconditional and unreserved acceptance of these General Terms and Conditions of Sale.
We reserve the right to amend these General Terms and Conditions of Sale at any time. The applicable terms and conditions shall be those in force at the time the order is placed, or at the time the offer is signed. We therefore recommend consulting this page regularly.
All displayed prices are inclusive of VAT, expressed in Swiss francs (CHF) and quoted per item. They do not include:
Prices displayed in a foreign currency are provided for information purposes only and do not constitute a contractual offer on our part.
We reserve the right to amend our selling prices at any time. In the event of an obvious pricing or availability error, or for any other legitimate reason, we also reserve the right to cancel an order, subject to the full reimbursement, including VAT, of any amounts already received.
Payment by invoice is due within 7 days of receipt of the invoice.
Unless otherwise agreed in writing, the order shall only be delivered, handed over or collected once the invoiced amount has been paid in full, including any transport costs or other charges stated on the invoice.
Bank charges and/or fees associated with the chosen payment method may be applied and shall remain payable by the customer, in accordance with the terms and conditions of the relevant financial institutions.
Baghera/wines Cellar SA accepts the following payment methods in particular:
Any unpaid invoice or late payment shall, following its due date, be subject to interest at the rate of 1% per month of delay.
Such interest shall become payable automatically, without any further reminder being required.
In the event of non-payment or partial payment within the prescribed period, Baghera/wines Cellar SA reserves the right to cancel the order and charge the purchaser a cancellation penalty equal to 20% of the amount due.
We make every effort to offer our customers the highest possible quality for the products sold, including wines and spirits. However, due in particular to their nature and sensitivity, we cannot guarantee the development, state or condition of wines and spirits.
Baghera/wines Cellar SA must be notified of any damage, defect or non-conformity within a maximum period of 7 daysfollowing receipt of the goods. This period may vary depending on the selected method of transport and/or the conditions applicable to it.
Baghera/wines Cellar SA shall remain the owner of the wines and/or spirits until the goods have been paid for in full.
The customer, or the company appointed to transport the goods, shall only be authorised to collect or take possession of the goods once full payment has been received.
As an optional service supplementing an online order, the Boutique may offer transport arrangements. Unless otherwise stated, transport carried out under such arrangements is not temperature-controlled.
In this context, and subject to any mandatory statutory provisions, Baghera/wines Cellar SA accepts no liability for any damage occurring after the goods have been handed over to the carrier, particularly damage arising from the conditions of transport, including the absence of temperature control.
We may also be instructed to arrange transport through a company specialising in the transportation of wine. In this case, it shall be specified by email whether the requested transport is to be carried out with or without temperature control.
If the purchaser confirms that they do not require temperature-controlled transport, they shall assume the consequences of that decision, in accordance with the limitations of liability set out herein.
Customers may collect their goods directly from the Boutique at 2 rue Adhémar-Fabri, 1201 Geneva.
In such cases, customers are requested to notify us at least 72 hours in advance in order to arrange an appointment.
If the purchaser appoints a carrier of their choice, the goods shall cease to be under the responsibility of Baghera/wines Cellar SA as soon as they are taken into the carrier’s custody. From that point onwards, the goods shall be transported and delivered at the purchaser’s sole risk.
If an order has not been collected within 6 weeks, i.e. 42 days, quarterly storage fees shall be invoiced according to the following calculation:
CHF 10 per month per case of 12 bottles, subject to a minimum charge of CHF 100.
In addition to the storage fees, insurance fees corresponding to 0.5% per month of the purchase price, including VAT, shall be charged.
Orders may be placed in particular through:
We reserve the right to cancel an order, particularly if it cannot be fulfilled, in the event of an obvious error, a previous dispute with the customer, or non-payment or partial payment.
We may adjust our prices in the event of an increase in taxes, excise duties and/or shipping costs, where such increases affect the fulfilment of the order.
When placing an order, the purchaser confirms that they are of the legal age required to purchase alcohol in their country of residence. If Baghera/wines Cellar SA discovers that this is not the case, it may cancel the order immediately and without prior notice.
Baghera/wines Cellar SA, and more specifically the Boutique, may only be held liable for damage caused by wilful misconduct or gross negligence, to the extent permitted by law.
Any dispute shall be governed by Swiss law.
The courts of the Canton of Geneva shall have exclusive jurisdiction over any dispute or disagreement of any nature arising from or relating to this agreement.
Baghera/wines Cellar SA nevertheless reserves the right to bring proceedings before the competent courts at the purchaser’s place of jurisdiction.
The purchaser declares Geneva, Switzerland, to be their special place of jurisdiction pursuant to Article 50(2) of the Swiss Federal Act on Debt Enforcement and Bankruptcy (DEBA; SR 281.1).
