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Conditions générales de vente

General terms and conditions of sale

 

  1. Legal Notice: 

 

"La Boutique by Baghera/wines" (hereinafter "we") owned by Baghera/wines Cellar SA, Geneva Switzerland. 

 

  1. Application of the general terms and conditions of sale : 

 

The general terms and conditions of sale presented herein apply to all purchases made both online on the site: www.bagherawines.com/laboutique and physically at La Boutique at 2 rue Adhémar-Fabri, 1201 Geneva and in any other place after validation signed by the customer of a commercial proposal made by Baghera/wines Cellar SA.

 

To consult the present general terms and conditions of sale, the customer can, at any time on the site or during his visit, make a request to one of our collaborators or click on "general terms and conditions of sale". 

 

The act of validating the order implies the buyer's full and unrestricted acceptance of the various clauses presented in these general terms and conditions of sale. The buyer declares before validating his order to have accepted the present general terms and conditions of sale and consequently to adhere to them entirely. 

 

The general terms and conditions of sale may be changed at any time by Baghera/wines Cellar SA. We recommend that you consult this page regularly. 

 

  1. Prices and exchange rates: 

 

The prices shown are inclusive of all taxes in Swiss francs and per unit. They do not include any customs duties or other costs related to any transport. 

 

Prices quoted in foreign currencies are indicative only and do not constitute a proposal on our part. 

 

We reserve the right to revise our prices or cancel orders in return for a full refund, including VAT, of the amount previously paid by the buyer. 

 

  1. Payment 

 

Payment by invoice is due within 30 days of receipt of the invoice. The order will not be delivered until the invoice has been paid in full (including transport costs or any other costs inherent in the invoice). 

 

Any relevant bank charges or fees may be applied.

 

Any unpaid invoices or delay in payment will be subject to interest at the rate of 2% per month of delay, applicable from 30 days after the date of receipt. 

 

This interest will be eligible without the need for any subsequent reminder. 

 

 Baghera/wines Cellar SA, accepts the following methods of payment: 

 

- Bank transfer

 

- Credit cards : 

 Visa 

 Mastercard 

 American Express  

 VPAY 

 

In the event of non-payment or partial payment within the required time limit, Baghera/cellar SA reserves the right to cancel the order and to charge the buyer a cancellation penalty of 25% of the amount due. 

 

  1. Defects or notification of defects

 

The team at Baghera/wines Cellar SA does its utmost to offer our customers the best possible quality of the product sold (wines and spirits). However, we are not liable for the condition of these wines and spirits. As stated in the S-LCA regulations, defective bottles will only be replaced if the Swiss or foreign wines are bottled in Switzerland, and this within two years of delivery. Foreign wines bottled in the country of production or elsewhere will be neither replaced nor refunded. 

 

Baghera/wines Cellar SA must be notified of any damage or defect within a maximum of 7 days after receipt of the goods* (this entry may be cancelled depending on the selected transport or its conditions as indicated in article 7).

 

  1. Ownership of goods : 

 

Baghera/wines Cellar SA, remains the owner of the wines or spirits until full payment of the goods. 

 

Collection of the goods, by the buyer or the company commissioned to transport the goods, will be authorised only after full payment of the said goods.

 

  1. Delivery, collection and storage : 

 

La Boutique by Baghera/wines offers transport as an optional service to complement your online order. Please note that the transport provided under this service is carried out without temperature control. Baghera/wines Cellar accepts no liability for any damage to the goods entrusted to the transport company in the context of this service. 

We can also be commissioned to carry out the transport with a company specialised in the transport of wines. If a buyer wishes to choose this offer, it will be indicated by the exchange of an e-mail whether the buyer requests transport with or without temperature control. If the buyer indicates that he does not want temperature control, we are released from any responsibility as indicated in article 5.

 

The buyer can also take possession of his goods directly at the boutique at 2 rue Adhémar-Fabri, 1201 Geneva. For this alternative, the buyer is asked to inform us at least 72 hours in advance in order to schedule an appointment. 

 

If the customer makes a purchase and wishes to collect directly from the boutique,  collection must take place within 60 days. Once this period has elapsed, the customer will be charged a monthly storage fee of : 

 

from 1 to 300 bottles of 75 cl:  CHF 50

from 301 to 600 bottles of 75cl : CHF 100 

and so on...

In addition to the storage costs, insurance costs will be added and invoiced at 0.15% of the purchase amount including VAT. 

 

If the buyer wishes to use a carrier of his own choice, once the goods are collected, they will no longer be under the responsibility of Baghera/wines Cellar SA and will be delivered at the buyer's risk. 

 

  1. Orders : 

 

La Boutique by Baghera, boutique owned by Baghera/wines Cellar SA, offers different options for placing orders: 

 

- Written order by e-mail 

- Order by phone (followed by a commercial proposal by email subject to validation) We reserve the right to cancel any order. We may revise prices in the event of increases in: taxes, excise duties and shipping costs. 

 

  1. Legal age for orders

 

When placing an order with La Boutique by Baghera Cellar, the buyer confirms that he or she is of legal age to purchase alcohol in his or her country of residence. If Baghera/wines Cellar SA discovers that this is not the case, we shall have the right to cancel the order immediately and without notice. 

 

  1. Liability

 

Baghera/wines Cellar SA, and more specifically La Boutique by Baghera, can be held liable only for damage caused by intentional or grossly negligent acts. 

 

  1. Applicable law 

 

In the event of disputes, Swiss law shall apply. 

 

  1. Jurisdiction 

 

The courts of the Canton of Geneva shall have exclusive jurisdiction in the event of any dispute of any kind or any disagreement relating to this contract. Baghera/wines Cellar SA also reserves the right to assert its rights before the competent courts of the buyer. The buyer declares that he elects Geneva (Switzerland) as his special domicile in accordance with article 50 para.2 of the Swiss Federal Law on Debt Collection and Bankruptcy (Swiss Federal Law on Bankruptcy, RS 281.1).

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