General Terms & Conditions of
1. SCOPE OF APPLICATION
For the use of this website and the business relationships between CLANDESTINO-SPIRITS.COM (www.clandestino-spirits.com / Clandestino Specialties GmbH, Imbisbühlstrasse 117 8049 Zurich) and their customers, the following general terms and conditions ( GTC ) apply in the version when the website or . Current version available and valid when ordering goods. The offer on this website is aimed exclusively at customers with Swiss residence and Lichtenstein.
Any natural or legal person who maintains business relationships with CLANDESTINO-SPIRITS.COM is called a customer . The terms and conditions, the delivery and payment conditions as well as the data protection provisions may be adjusted from time to time. CLANDESTINO-SPIRITS.COM asks you to read these provisions carefully each time you visit the website and each time you order goods.
These terms and conditions apply exclusively. Conditions that contradict , supplement or deviate from these GTC require express written confirmation by CLANDESTINO-SPIRITS.COM in order to be valid. The customer confirms that they fully accept these GTC including delivery and payment conditions when using this website or ordering goods.
Should individual provisions of these terms and conditions prove to be ineffective or unenforceable or become ineffective or unenforceable, this shall not affect the validity of the remaining provisions. The operator of this website is CLANDESTINO-SPIRITS.COM
2. INFORMATION ON THIS WEBSITE
CLANDESTINO-SPIRITS.COM contains information about products and services. We reserve the right to make changes to prices and ranges as well as technical changes. All information on www.CLANDESTINO-SPIRITS.COM (product descriptions, images, films, dimensions , weights, technical specifications, accessory relationships and other information) are only to be understood as approximate values and, in particular, do not represent any assurance of properties or guarantees, unless explicitly stated otherwise . CLANDESTINO-SPIRITS.COM endeavors to provide all details and information on this website correctly, completely, up-to-date and clearly arranged, but CLANDESTINO-SPIRITS.COM can neither expressly nor tacitly guarantee this.
All offers on this website are non-binding and are not to be understood as binding offers.
CLANDESTINO-SPIRITS.COM cannot guarantee that the products listed are available at the time of ordering. Therefore, all information on availability and delivery times are without guarantee and can change at any time and without notice.
Unless otherwise stated, the prices quoted by CLANDESTINO-SPIRITS.COM include the statutory value added tax, any advance recycling fees ( VRG ) and copyright fees for electronic devices. The prices are purely net in euros ( EUR ).
Unless otherwise provided, any shipping costs will be charged additionally and must be paid by the customer. Shipping costs are shown separately in the ordering process.
We reserve the right to make technical changes, errors and misprints; in particular, CLANDESTINO-SPIRITS.COM can make price changes at any time and without prior notice. Advice and support services are not included in the sales prices.
4. CONCLUSION OF A CONTRACT
The offers on this website represent a non-binding invitation to the customer to order products and / or services from CLANDESTINO-SPIRITS.COM . With the order via this website including the acceptance of these terms and conditions, the customer submits a legally binding offer to conclude a contract. CLANDESTINO-SPIRITS.COM then sends an " order confirmation " by email, which confirms that the customer's offer has been received by CLANDESTINO-SPIRITS.COM . Orders placed are binding for the customer. Unless otherwise noted, there is no right of return or withdrawal.
The contract is concluded as soon as CLANDESTINO-SPIRITS.COM sends a declaration of acceptance by email, in which the dispatch of the ordered products or services is confirmed.
Orders are only delivered after receipt of full payment (exception: delivery against invoice) and if the goods are available. If, after the conclusion of the contract, it emerges that the ordered goods cannot be delivered or not completely delivered, CLANDESTINO-SPIRITS.COM is entitled to withdraw from the entire contract or from a part of the contract. If the customer's payment has already been received by CLANDESTINO-SPIRITS.COM , the payment will be refunded to the customer. If payment has not yet been made, the customer is released from the obligation to pay. CLANDESTINO-SPIRITS.COM is not obliged to deliver a replacement in the event of a contract termination.
5. PAYMENT OPTIONS AND RETENTION OF TITLE
The payment options specified in the order process are available to the customer.
CLANDESTINO-SPIRITS.COM reserves the right to exclude customers from individual payment options without giving reasons or to insist on prepayment.
After the aforementioned payment period has expired, the entire invoice amount becomes due and default occurs automatically without a reminder.
In the event of default in payment, CLANDESTINO-SPIRITS.COM can commission a collection company in Germany or abroad or assign the claim.
In the event of default in payment by the customer, default interest of 14.9% per year and a reminder fee of a maximum of CHF 20 per reminder can be charged.
If a third party is commissioned with debt collection in the event of payment arrears, additional fees and costs according to the table of the ( VSI ) Association of Swiss Collection Trust Institutes (http://www.vsi1941.ch) may be incurred, which you expressly agree to.
The products delivered to the customer remain the property of CLANDESTINO-SPIRITS.COM until full payment has been made .
6. DELIVERY, OBLIGATION TO INSPECT, NOTIFICATION OF DEFECTS AND RETURNS
Deliveries are sent by post or courier service to the address specified by the customer in the order. Invoices are sent by email or post. With dispatch, the benefit and risk are transferred to the customer, as far as this is legally permissible.
If the delivery cannot be delivered or if the customer refuses to accept the delivery, CLANDESTINO-SPIRITS.COM can terminate the contract after notification of a complaint by email to the customer and setting a reasonable deadline and invoice the costs for the activities.
The customer is obliged to check the delivered goods immediately after receipt of the delivery and to report any defects for which CLANDESTINO-SPIRITS.COM guarantees immediately in writing by letter or email to the address in the legal notice.
Returns to CLANDESTINO-SPIRITS.COM are made at the expense and risk of the customer. The customer must send the goods in their original packaging , complete with all accessories and together with the delivery note and a detailed description of the defects to the return address given by CLANDESTINO-SPIRITS.COM in the imprint.
If the inspection by CLANDESTINO-SPIRITS.COM shows that the goods do not have any detectable defects or that these are not covered by the manufacturer's guarantee, CLANDESTINO-SPIRITS.COM can invoice the customer for the activities, the return or any disposal.
7. RIGHT OF WITHDRAWAL
The customer is granted a right of withdrawal for 14 calendar days after receipt of the goods. The deadline is deemed to have been met if the customer sends the written revocation by email ( firstname.lastname@example.org ) or letter (Clandestino Specialties GmbH, Imbisbühlstrasse 117 8049 Zurich) to CLANDESTINO-SPIRITS.COM within the deadline . The revocation does not require justification.
Exercising the right of withdrawal leads to the contract being reversed. The customer must return the goods within 14 calendar days in their original packaging , complete with all accessories and together with the delivery note to the return address given by CLANDESTINO-SPIRITS.COM (Clandestino Specialties GmbH, Weststrasse 45, 8003 Zurich). Returns to CLANDESTINO-SPIRITS.COM are made at the expense and risk of the customer. Any payment that has already been made will be refunded to the customer within 20 calendar days, provided that CLANDESTINO-SPIRITS.COM has already received the goods back or the customer can provide proof of dispatch.
CLANDESTINO-SPIRITS.COM reserves the right to demand appropriate compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct the reduction in value from the purchase price already paid or to invoice the customer.
No right of withdrawal is granted in the following cases:
• ( i ) If the contract has a random element, namely because the price is subject to fluctuations over which the provider has no influence.
• ( ii ) If the subject of the contract is a movable object which, due to its nature, is not suitable for return or which can spoil quickly;
• ( iii ) If the subject of the contract is a movable item that is manufactured according to the consumer's specifications or is clearly tailored to personal needs;
• ( iv) If the contract relates to digital content and this content is not made available on a fixed data carrier or if the contract must be fulfilled in full by both parties immediately ;
• ( v ) If the contract is about a service and the contract has to be fulfilled in full by the provider with the prior express consent of the consumer before the withdrawal period has expired.
• ( vi ) In the areas of accommodation, transport, delivery of food and beverages and leisure activities, if the provider undertakes to provide the services at a specific point in time or within a precisely specified period of time.
8. NO SALE TO MINORS
According to legal regulations, alcoholic beverages may not be sold to young people under the age of 16 in Switzerland , and spirits may not be sold to minors under the age of 18 . By placing an order on www.clandestino-spirits.com , the customer accepts these provisions and confirms that he is entitled to purchase. CLANDESTINO-SPIRITS.COM rejects any liability for infringement.
CLANDESTINO-SPIRITS.COM strives to deliver goods of perfect quality. In the event of defects reported in good time, CLANDESTINO-SPIRITS.COM guarantees that the item purchased by the customer is free from defects and that it functions correctly during the statutory warranty period of usually two years from the delivery date. It is at the discretion of CLANDESTINO-SPIRITS.COM to provide the guarantee through free repairs, equivalent replacement or through reimbursement of the purchase price. Further claims are excluded.
Normal wear and tear and the consequences of improper handling or damage by the customer or third parties, as well as defects that can be traced back to external circumstances, are not covered by the warranty. The warranty for consumables and wear parts is also excluded.
CLANDESTINO-SPIRITS.COM is not able to give assurances or guarantees for the topicality, completeness and correctness of the data as well as for the constant or undisturbed availability of the website, its functionalities, integrated hyperlinks and other content. In particular, it is neither assured nor guaranteed that the use of the website will not infringe any rights of third parties who are not in the possession of CLANDESTINO-SPIRITS.COM
CLANDESTINO-SPIRITS.COM excludes any liability, regardless of its legal basis, as well as claims for damages against CLANDESTINO-SPIRITS.COM and any auxiliary persons and vicarious agents . In particular , CLANDESTINO-SPIRITS.COM is not liable for indirect damage and consequential damage caused by defects, lost profit or other personal, property or pure financial damage to the customer. Further mandatory statutory liability, for example for gross negligence or illegal intent, is reserved.
CLANDESTINO-SPIRITS.COM only uses hyperlinks to simplify the customer's access to other websites. CLANDESTINO-SPIRITS.COM can neither know the content of this website in detail, nor accept liability or any other responsibility for the content of these websites.
CLANDESTINO-SPIRITS.COM may process and use the data recorded in the context of the conclusion of the contract to fulfill the obligations from the purchase contract and use it for marketing purposes. The data required to fulfill the service can also be passed on to commissioned service partners (logistics partners) or other third parties.
The other data protection provisions can be found at the following link: https://www.clandestino-spirits.com/store-policy
12. OTHER PROVISIONS
CLANDESTINO-SPIRITS.COM expressly reserves the right to change these terms and conditions at any time and to bring them into force without notice.
In the event of a dispute, only substantive Swiss law applies, with the exclusion of conflict-of-law norms. The UN sales law ( CISG , Vienna Sales Law) is explicitly excluded.
The place of jurisdiction is Zurich, insofar as the law does not provide for any mandatory places of jurisdiction.
13. SHIPPING CHARGES
Packaging and shipping costs within Switzerland and Europe Liechtenstein are defined according to the weight and location of the shipment, taxes applicable in the country of residency are on customer's responsibility.
If you have any questions about these terms and conditions, please contact us on: https://www.clandestino-spirits.com/contact
(Version 01.07.2019 )