1. Applicability and Scope
The following general terms and conditions (hereinafter referred to as "GTC") apply to all business relationships between AT Spirits & Wine GmbH (hereinafter referred to as "AT Spirits & Wine GmbH", "us" or "we") and customers (hereinafter referred to as "customer », «Buyer» or «you») for products (hereinafter referred to as «Products» or «Goods») that are purchased via our website (hereinafter referred to as «Online Shop» or «Website»).
The online shop is operated by:
AT Spirits & Wine GmbH
Rautistrasse 332, 8048 Zurich
VAT number: 188.968.929
Telephone +41 79 801 90 30
Email: info@blue-cask.com
Individual agreements concluded with the customer take precedence over these General Terms and Conditions. Conflicting conditions of the customer are not recognized.
AT Spirits & Wine GmbH reserves the right to change these terms and conditions at any time. All changes will take effect upon the posting of the new T&Cs on the website. When purchasing a product, the relevant point in time for the applicability of the valid General Terms and Conditions is the date on which the binding order was submitted to us.
Please read these terms and conditions carefully before placing a binding order. By placing a binding order for our products, you agree to the following conditions and our data protection declaration and declare that you are authorized to enter into legally binding contracts and that you are at least 18 years old.
2. Conclusion of a purchase contract
The presentation of the products in the online shop does not constitute a legally binding offer, but merely a non-binding online catalog or a non-binding invitation to the customer to order the product in the online shop. AT Spirits & Wine GmbH expressly reserves the right to change the products themselves as well as the content, such as images, range, prices and descriptions of our products, at any time and without prior notice. Illustrations, images, brochures, advertising and other information related to our products are for informational purposes only and are not binding on AT Spirits & Wine GmbH.
The customer can make a binding order for the products he has selected via our online shop. He can place the products he has selected in the «shopping cart». This does not yet count as a binding order. An order is only considered to be binding if the customer clicks on the order button on the order page at the end of the ordering process. Before sending the order, the customer can change and view the information at any time, recognize any input errors and correct them if necessary before the binding final submission of the order.
An order confirmation will be sent to the customer immediately and automatically by e-mail. This confirmation e-mail contains the data of the order and our terms and conditions accepted by the customer during the ordering process. The confirmation e-mail only serves as information that we have received the order. The automatic order confirmation does not yet result in a purchase contract. By sending the order, the customer confirms that he has read the terms and conditions and agrees to them without reservation. He also confirms that he has reached the legally required minimum age and undertakes to ensure that either he or an adult authorized by him is allowed to accept the goods.
After the customer has placed a binding order, AT Spirits & Wine GmbH is free to either accept the order at its own discretion or to reject it by sending a corresponding notification by e-mail and without assuming any liability towards the customer or third parties. Any payment already made will be refunded to the customer upon cancellation of the order. Reasons for refusing an order may include, for example, that a product is no longer available, if we cannot obtain authorization for the customer's payment, or if there is reason to believe that the customer has violated these T&Cs, Individual Contracts, fraudulent or other criminal activity or acts for another important reason.
When the order is accepted, a binding purchase contract is formed with the customer. This acceptance takes place through the shipment of the ordered products.
3. Sale to Minors
According to the legal provisions in Switzerland and Liechtenstein, alcoholic beverages may not be sold to young people under the age of 16, and spirits, aperitifs and alcopops may not be sold to people under the age of 18. By placing an order on_www.blue-cask.com, the customer acknowledges these provisions and explicitly confirms with a check box that he is entitled to make a purchase. The seller will not carry out any further verification of the correctness of the information and declines any liability in the event of non-compliance or incorrect information.
4. Availability and reservation of performance for products that cannot be delivered
All information about the availability, shipping and delivery of a product is preliminary information and approximate guidance. They do not constitute binding or guaranteed shipping or delivery dates. Liability for unavailable products or for delays in shipping or delivery is expressly excluded.
We also reserve the right to limit the number of items that can be purchased by a customer. In this case, we will inform the customer accordingly by e-mail.
5. Prices and shipping costs
Our products and prices correspond to those indicated on the website. All prices are given in CHF (Swiss francs) and include the statutory value added tax (VAT) of 7.7%.
AT Spirits & Wine GmbH reserves the right to change prices at any time. The products are charged on the basis of the prices offered at the time the binding order was placed.
Shipping costs are not included in the prices.
6. Terms of Payment/Credit Check
Orders are generally due for payment immediately.
The customer has the option of paying with the means of payment that are displayed on the website or in the ordering process. These may change from time to time.
With the choice of the means of payment, the customer authorizes the payment either by entering the credit card data or access data of a payment service provider. The customer authorizes AT Spirits & Wine GmbH to accept or collect payments in the appropriate way. If there are chargebacks, AT Spirits & Wine GmbH is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, AT Spirits & Wine GmbH is not liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment in accordance with your order.
If you pay with a credit card or an alternative payment method, we reserve the right to check the validity of the card, check the availability parameters for collection and address details and request authorization from the card issuer or payment provider. You also confirm that the credit card is valid and that the payment details entered are correct. If payment is refused, AT Spirits & Wine GmbH reserves the right to cancel the order and to stop shipping the products. In this case we will contact you immediately.
7. Domestic delivery conditions
The delivery takes place after the order has been received and payment has been made to AT Spirits & Wine GmbH.
We deliver to addresses in Switzerland and the Principality of Liechtenstein. In principle, delivery is made via the delivery service of Swiss Post AG. The shipping costs are covered by AT Spirits & Wine GmbH from a purchase value of CHF 120.-.
The products that you order from our online store and that are in stock will be shipped to you within 5-6 business days after receipt of full payment, depending on the destination. You can use the tracking number to track the current location of your order.
If the products are marked as not in stock when ordering, AT Spirits & Wine GmbH will endeavor to deliver the products as soon as possible. AT Spirits & Wine GmbH makes every effort to meet the specified delivery times. However, AT Spirits & Wine GmbH is not responsible for delays in delivery, regardless of their causes. We will inform you immediately about any delays in delivery.
If the performance hindrance lasts more than 3 weeks after the original delivery date, the customer is entitled to cancel his order. Further claims, in particular claims for damages, are excluded.
If delivery of the product fails through the fault of the customer despite three delivery attempts, AT Spirits & Wine GmbH can withdraw from the contract. Any payments made will be refunded immediately.
7. Delivery abroad
Deliveries abroad are made by arrangement. Please note that additional taxes and customs duties may apply. These are fully borne by the customer. It is up to AT Spirits & Wine GmbH to decide whether to accept orders from abroad.
8. Retention of Title
AT Spirits & Wine GmbH remains the owner of the delivered products until they have been paid for in full.
- Right of withdrawal and return
Orders are binding, neither a right of revocation nor a right of return is granted.
- transport damage
Complaints about transport damage must be made by the customer directly to the post office / transport company within the specified period and AT Spirits & Wine GmbH must also be informed. AT Spirits & Wine GmbH assumes no liability for transport damage not caused by your own fault.
11. Notification of Defects/Warranty
After receiving the products, the customer must immediately check them for correctness, completeness and possible damage. Errors or damage must be reported to AT Spirits & Wine GmbH within 3 working days. Defects that could not be discovered during a proper inspection and only appear later must be reported in writing immediately after their discovery. If you do not check the defect or report it immediately, the goods are deemed to have been approved and you are no longer entitled to assert claims against us.
Products damaged through the buyer's own fault are excluded from the warranty.
The customer's warranty claims are limited to replacement delivery to the exclusion of all other claims, in particular reduction or compensation for indirect and consequential damage. If a subsequent delivery fails, the customer is entitled to withdraw from the contract in the event of significant defects.
To report a complaint or service questions, please contact us at the following address with the order number, customer number, a description of the error and other helpful information:
AT Spirits & Wine GmbH, Rautistrasse 332, 8048 Zurich, +41 79 801 90 30, info@blue-cask.com
The defective product must be returned to the above address of AT Spirits & Wine GmbH with a copy of the invoice and a detailed description of the defect. The return of a product is at the expense and risk of the customer. Please confirm your return and keep this confirmation, as in the event of a lost package your warranty claim cannot be processed.
12. Liability
AT Spirits & Wine GmbH is only liable in the event of a breach of its own obligations under these General Terms and Conditions and the contractual relationships based on them for damage caused and proven by it through unlawful intent or gross negligence. Liability is expressly excluded for slight and moderate negligence and for indirect and consequential damages, whether based on contract, tort or any other reason. Indirect damage includes, for example, lost profits, financial losses, damage to reputation or loss of data due to temporary impairments or interruptions in the availability of the services of AT Spirits & Wine GmbH. In addition, AT Spirits & Wine GmbH assumes no contractual or non-contractual liability for damage caused by auxiliary persons who are used to provide the service.
Subject to the foregoing, total liability under these GTC, regardless of the reason and to the extent permitted by law, is limited to the price of the goods that the customer has ordered from us.
13. Privacy
AT Spirits & Wine GmbH collects and processes personal data only within the framework of the legal provisions, in particular in compliance with the applicable data protection laws. Further information on the processing of your personal data, your rights and related questions can be found in our data protection declaration, which forms an integral part of these General Terms and Conditions.
14. Copyright
The information and content published on the website is protected by copyright and is the property of AT Spirits & Wine GmbH or the respective copyright holder. Reproduction, processing, distribution or any other form of exploitation requires the prior written consent of the respective rights holder. AT Spirits & Wine GmbH and the corresponding rights holder expressly reserve all rights in this regard.
15. Severability Clause
Should one of the provisions of these GTC be or become illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the ineffective provision is deemed to be replaced by an effective provision that largely takes into account the economic purpose of the provision and the will of the parties at the time the contract was concluded. The same applies to any gaps in these GTC.
16. Governing Law and Jurisdiction
Only substantive Swiss law applies to these GTC, the contractual relationships based on them and any disputes, excluding the conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction is the registered office of AT Spirits & Wine GmbH.