Terms and conditions
General Conditions of Sale (CGV)
1. Scope
1.1 Offeror and contractual partner
Diana Basel AG / Asper
Steinengraben 51
CH-4051 Basel
VAT n ° CHE-114.684.310
1.2
The purpose of the general conditions of sale is to govern the relationship between Diana Basel AG / Asper, hereinafter referred to as "Diana Basel AG / Asper", and the Internet user, hereinafter referred to as "the client". By placing your order, you acknowledge that you have read, understood and accepted, without any reservation, these General Conditions of Sale.
1.3
Sending the order to the customer implies their acceptance of these general conditions of sale in their entirety, to the exclusion of any other term or conditions. The customer declares to have the capacity to contract with Diana Basel AG / Asper on the basis of the general conditions of sale. He guarantees that all the information provided is correct.
1.4
Registration on the online store is reserved for people with the capacity to perform legal acts and over the age of 18. The data required for registration must be complete and truthful. Each client is responsible for updating their data themselves.
1.5
The websites www.asperwine.ch and www.asperwine.com are hereinafter referred to as "the websites of Diana Basel AG / Asper".
1.6
In the event that the general conditions of sale should be translated into another language, the French version will prevail in the event of a conflict between the translation and the French version.
2. PRODUCTS
2.1
The products sold are described on the websites of Diana Basel AG / Asper. The characteristics of the articles and the explanatory notes are given for information only and do not constitute contractual documents. The photos are shown on the Diana Basel AG / Asper websites for illustration purposes and are not part of the contractual conditions. Diana Basel AG / Asper is not responsible for any errors or omissions in the images or notices on its online store.
2.2
The goods sold are of impeccable quality. The products are marketed without any other guarantee than that of the producer.
3. PRICE
3.1
The prices displayed on the websites of Diana Basel AG / Asper include VAT at the rates in force when ordering. Prices are set in Swiss francs and do not include delivery costs.
3.2
Diana Basel AG / Asper reserves the right to change prices at any time. However, the price invoiced for the products delivered is that in force on the date of the order. This appears on the order confirmation sent to the customer.
3.3
Promotional discounts offered in the context of commercial actions on the websites of Diana Basel AG / Asper are deducted directly from the amount of the invoice.
3.4
Offers on products are only valid as long as they are visible on the websites of Diana Basel AG / Asper and within the limits of available stocks.
3.5
Diana Basel AG / Asper reserves the right to modify its general conditions of sale at any time and without notice.
4. ORDER
4.1
The order becomes final after acceptance by Diana Basel AG / Asper. The customer receives an order confirmation by email.
4.2
In the event of exceptional circumstances, in particular insolvency or incorrect information, Diana Basel AG / Asper reserves the right to refuse a customer's order.
5. BUGS OR COMPUTER PROBLEMS
5.1
Diana Basel AG / Asper cannot under any circumstances be held liable in the event of a bug or computer problem unknowingly modifying the order or the price of one or more items. Diana Basel AG / Asper therefore reserves the right to cancel an order if the amount is not in accordance with the prices normally set for the products and / or delivery costs.
6. DATA PROTECTION
6.1
Diana Basel AG / Asper complies with current legislation with regard to the use of personal customer data, in particular the data protection law. These are treated confidentially and securely.
6.2
Diana Basel AG / Asper processes and stores only the data necessary for the proper performance of its services and the invoicing of these. The saved personal data make it easier for the customer to purchase new items and guarantee the smooth running of the commercial transaction. In no case will this data be transmitted to third parties.
6.3
All data on the Diana Basel AG / Asper websites (texts, images, graphics, logos, icons, etc.) are protected by copyright.
7. ONLINE PAYMENT
7.1
Online payment is made on a secure bank server hosted by Snipcart - www.snipcart.com. No bank information is stored by Diana Basel AG / Asper.
7.2
Payment can be made by credit card (Visa; Mastercard), by PayPal and by bank transfer.
8. PAYMENT BY TRANSFER
8.1
When paying by bank transfer, the invoice must be paid in full, specifying the order number, on the IBAN account received during the payment confirmation. Once the total transfer has been made and received, we will send you the goods.
8.2
To speed up the processing of your order, the customer can send an email to enjoy@asperwine.com with the payment confirmation attached.
9. DELIVERY
9.1
The products are sent to the delivery address indicated by the customer during the ordering process. Upon transmission of the order, the customer acknowledges having read the general conditions of sale and accepts them.
9.2
Diana Basel AG / Asper has delegated product delivery to external partners. Generally, items are available and delivered within 2-5 business days. If an item cannot be delivered, the customer is informed by email. If the customer so wishes, wine orders can be found directly at the following address: Chemin des Maretsons, 1926 Fully, Switzerland. In this case, there will be no shipping costs and the customer will pay online, at the time of order as with any other purchase. Unless otherwise specified, Diana Basel AG / Asper reserves the right to make full or partial deliveries. In the event of partial delivery, the shipping costs will only be invoiced once, at the rate applicable to a complete delivery.
9.3
Diana Basel AG / Asper delivers only in Switzerland, for deliveries abroad, the customer must address directly to the email address enjoy@asperwine.com in order to organize the transport.
9.4
In Switzerland, there is no delivery on Sundays, national and cantonal holidays.
9.5
The delivery time indicated by Diana Basel AG / Asper is provided for information only. Diana Basel AG / Asper strives to respect it. However, exceeding it cannot lead to the cancellation of the order by the customer, nor justify a claim for compensation or a penalty for delay.
9.6
Diana Basel AG / Asper is not responsible for the theft of the goods once deposited by the Post. In case of doubt as to the security of the mailbox, it is the customer's responsibility to request a signature shipment. At the time of delivery of the goods or their deposit in front of the customer's home, profits and risks (in particular theft, damage by third parties, bad weather) are transferred to the customer.
10. SHIPPING COST
10.1
The packaging and shipping costs are the responsibility of the customer. They are calculated as follows:
The delivery costs are of CHF 10.00-
10.2
Free transport is granted for any order with a value greater than CHF 350.00- including tax.
10.3
The quantity actually delivered appears on the order confirmation as well as on the invoice. In the event of missing items or reduced quantities, the customer cannot claim compensation or damages.
10.4
If an invoiced item cannot be delivered, the corresponding amount is refunded to the customer. There are no new deliveries and the customer cannot claim damages.
11. PROPERTY
11.1
The goods remain the property of Diana Basel AG / Asper until full receipt of the invoice, including shipping costs.
12. RIGHT OF RETURN
12.1
It is the customer's responsibility to check the goods upon delivery. If, unfortunately, the goods should arrive at their home in poor condition, Diana Basel AG / Asper will deal with the case as soon as possible, against delivery of photo proof and explanations sent by email of the damaged goods.
12.2
In the event of discovery of defective goods (cork taste) that can be attributed to Diana Basel AG / Asper, the customer must immediately notify Diana Basel AG / Asper by email. Defective bottles must be returned 2/3 full, with the original cap. Diana Basel AG / Asper undertakes to replace defective goods free of charge as soon as possible or to reimburse the customer if the product is no longer available. The right to free replacement or reimbursement of defective goods lapses two years after delivery to the customer.
12.3
The general terms and conditions of Diana Basel AG / Asper also apply to the replaced goods.
12.4
If the customer orders in error, the goods are neither taken back nor refunded.
13. APPLICABLE AND LEGAL LAW
13.1
These general conditions of sale as well as the contracts concluded in application are governed by Swiss law.
13.2
In the event of litigation, the competent jurisdiction is at the legal forum of the company Diana Basel AG / Asper, Steinengraben 51, CH-4051 Basel
14. MODIFICATIONS TO THE GENERAL CONDITIONS
14.1
These general conditions may be changed at any time without notice by Diana Basel AG / Asper.
14.2
Customers are responsible for regularly informing themselves of the content and any changes to these general conditions.