General conditions of sale
1.
Author of the offer and contractual partner
ANIMA vins Sàrl
Avenue Nestlé 6
CH-1800 Vevey
N° du RC : CHE-460.766.042
2.
Scope of application
2.1 The general terms and conditions of sale apply to all orders placed by customers (hereinafter “the customer(s)”) with ANIMA vins Sàrl (hereinafter “ANIMA”) by telephone, e-mail or via the online order (or pre-order) form on the website “https://www.anima-vins.ch”.
2.2 ANIMA reserves the right to adapt or modify the General Conditions at any time, which will be immediately applicable to any new order.
2.3. By submitting the customer's order, the customer accepts these general terms and conditions of sale in their entirety, to the exclusion of any other terms or conditions. The customer declares that they have the capacity to contract with ANIMA on the basis of the general terms and conditions of sale. They guarantee that all information provided is accurate.
3.
Prohibition of
sale to minors
3.1 Legal requirements in force in Switzerland prohibit the sale of wine to persons under the age of 16. By accepting these general terms and conditions of sale, you confirm that you comply with the legal provisions.
4.
Conclusion of the contract
4.1. The automatically generated order confirmation email confirms the entry of the order into the system. The contract becomes active when ANIMA confirms the dispatch of the goods by email or at the latest upon delivery of the products.
4.2. In the exceptional case where the company finds that the ordered products are no longer available, an information email will be sent to the customer. In such a case, the customer may cancel the order for the unavailable products.
5.
Prices and conditions of sale
5.1. All prices displayed are in Swiss francs, excluding delivery charges. As ANIMA is not subject to VAT, VAT is therefore not charged. The prices displayed at the time of ordering are subject to changes in the product range, vintages, and availability of items, as well as the correction of obvious errors or typos.
6.
Delivery and delivery costs
6.1. ANIMA delivers exclusively in Switzerland.
6.2. We cannot make any commitments regarding delivery times. We do our utmost to deliver to you as quickly as possible.
6.3 The products are sent to the delivery address indicated by the customer during the ordering process. Shipping costs will be charged in addition.
6.4. ANIMA is not liable for non-delivery of goods due to the customer's fault or absence. Payments under this contract will not be refunded under any circumstances.
6.5. The costs inherent in the return of an unclaimed package and any reshipment are the responsibility of the customer. Before any reshipment, ANIMA may ask the customer to pay the related costs in advance.
6.6. With prior agreement, it is possible to collect your order from our warehouses, free of charge.
7.
Payment Terms
7.1. For private customers, ordering a product requires advance payment of the order amount. Payment is made by invoice with payment slip or by bank transfer according to the information provided on the invoice.
7.2. The order will be definitively registered and validated upon receipt of payment or bank transfer.
7.3. As a general rule (from the second order onwards), for business customers, it is also possible to pay for orders by invoice. This will be shipped at the same time as the goods. The customer undertakes to respect the payment deadlines set out on the invoice or to accept reminder fees.
7.4. For business customers, ANIMA may deliver orders on invoice under specific conditions and carry out a credit check in accordance with current standards. If the credit check proves negative, ANIMA reserves the right to request advance payment of the order.
7.5. For professional customers, ANIMA reserves the right to cancel or suspend an order when:
(a) a customer is not or does not appear to be solvent;
(b) has more than one recall in progress;
(c) if there are reasonable suspicions of fraudulent intentions.
8.
Retention of title
8.1 The goods remain the property of ANIMA until full payment has been made, including any contribution to delivery costs.
9.
Returns
9.1. In principle, no return of goods is possible, except in the event of an error on the part of ANIMA. In such a case, the products to be returned must not be opened in any way, must be packaged in their original packaging and must be stored under normal wine storage conditions. These exceptional returns will be handled on a case-by-case basis.
9.2 In the case of defective or corked bottles, following the decision of the Swiss General Assembly of Wine Merchants of June 10, 1988 and in accordance with art. 197 et seq. of the Code of Obligations, these will be replaced or reimbursed for one year from the date of delivery. Only corked or defective bottles returned 3/4 full and with the original cork will be replaced.
10.
Data protection
10.1 ANIMA's use of personal data relating to customers complies with current legislation, in particular the Data Protection Act. These data are treated confidentially and securely.
ANIMA only processes and stores data necessary for the proper performance of its services. Under no circumstances will this data be shared with third parties.
11.
Applicable law and jurisdiction
11.1 This contract, as well as the sales organized by ANIMA, are governed by Swiss law. In the event of a dispute, the legal venue is Vevey exclusively, with recourse being reserved.