Terms of Sales

Welcome to Sparkle and Wine! Your orders are governed by the following rules:

 

  • Application

These general conditions of sale apply to services, orders and shipments of items that you, as a customer (hereinafter, you), have ordered online (on the website www.sparkleandwine. ch or www.sparkleandwine.com (hereinafter “site”)), by email, by phone or directly during an event, for example. By placing an order, you acknowledge having read, understood and accepted them without reservation. In addition, the customer recognizes that an order confirmed by Sparkle and Wine sàrl is a binding legal obligation.

By using the site, you further agree to be bound by our terms of use of the site and our privacy policy. Please read them carefully before using the services offered on this site.

 

  • Account and protection of minors

When placing an order on the site, you can register by opening a personal account or as a visitor. In all cases, you agree to be over 18 years old. Sparkle and Wine sàrl declines all responsibility in the event of illicit activities. We remind customers that alcohol abuse is dangerous for their health and we invite them to consume it in moderation.

You ensure the accuracy and completeness of the data provided during the order transmission and you undertake to update your personal data as soon as possible in the event of a change of address or any other modification, in order to those with a registered account.

The products or services that we offer in our online store (‘L’SHOP’) are intended exclusively for consumers with a physical address in Switzerland.

You also agree to keep the password chosen during registration strictly confidential and not to disclose it to third parties.

By opening an account, you agree that Sparkle and Wine sàrl informs you of the latest news, offers or other with a newsletter. You can unsubscribe at any time by sending an e-mail to info@sparkleandwine.ch.

 

  • Orders and availability

All offers from Sparkle and Wine sàrl are without engagement. The contract between yourself, as a customer, and Sparkle and Wine sàrl begins with your order and its acceptance by us depending on the available stock.

Your order is made on the Internet, by filling in the order form put online by Sparkle and Wine sàrl. It is done at the prices and indications displayed on the site on the day of the order. The customer must immediately notify us of any error in the confirmation of the order. If no indication is made by the customer, the confirmation of the order is considered correct and accepted.

In the event of unavailability of a product after placing your order, we will inform you by email. We will offer you another article. You can then decide if you accept our substitute offer or if you would prefer to cancel your order.

Sparkle and Wine sàrl reserves the right to refuse any order, at any time without having to indicate the reasons to the customer.

 

  • Delivery: price, delay and force majeure

Orders on our online store are delivered only in Switzerland, to the delivery address specified by the customer. Sparkle and Wine sàrl cannot be held responsible in the event of non-compliance with deadlines or the impossibility of delivery in the event of an error. Responsibility for the goods passes to the customer upon receipt by the carrier.

In order to guarantee you an accurate and timely delivery, we have partnered with Maison Fert and the French Post Office with their VinoLog service.

With VinoLog, your order is delivered directly to you by your letter carrier. In the event of absence during delivery, a calling card informs you of the storage of your package at the postal office of your home. You can therefore collect it by simply passing through the counter or, on request, require a second delivery (please refer to the information on the post office notice).

In-stock items are usually delivered within 5 working days. This deadline is indicative and cannot be formally guaranteed. No claim for damages will be granted in the event of delay in shipping or delivery.

Deliveries are made on condition that there are no cases of force majeure, or fortuitous events, such as in particular, without this list being exhaustive, wars, epidemics, strikes, government decisions, natural disasters or the stopping the service of the transport provider as well as those usually retained by case law.

After a period of 2 days following knowledge of the events of force majeure, a written communication between the parties concerned will be established to agree on the conditions under which the execution of the contract will be continued. Beyond 30 days of force majeure, the parties will be released from their contractual obligations. The order is then canceled with refund if applicable. Any claim for damages is excluded.

In case of exceptional requests, a personalized fee will be charged.

For private customers :

The delivery price is a flat rate for the whole of Switzerland. It is CHF 16 including VAT.

For professional customers (Horeca, trade, associations etc.):

In general, a flat rate for delivery of CHF 16 (incl. VAT) for Geneva, Nyon and Morges and CHF 25 (incl. VAT) for Lausanne is charged per order.

From 25 bottles and/or according to the place of delivery, specific charges per order are applied according to the case.

 

  • Packaging

The products ordered are delivered in their original boxes or cases with the exception of mixed boxes or boxes. There is no return of glass or cardboard boxes.

 

  • Verification and return of goods during a delivery problem

You are responsible for checking the quantity and condition of the goods upon delivery. In the event of breakage or delivery error, you must send a complaint by email to info@sparkleandwine.ch within 3 days of the date of delivery of the products. After this period, acceptance of the products is deemed to have taken place.

In the event of a delivery error, the customer must return the bottles concerned, accompanied by a copy of the invoice and a brief description of the case within 10 working days of the complaint email, otherwise the acceptance of the products is deemed to have taken place.

An invoice will be issued for the balance of any account, payable within 30 working days or depending on the case, a refund will be made. Return shipping costs (in standard mode) will be refunded.

Unopened bottles must be returned in their original, unopened packaging, except for product mixes or as per our written instructions.

If Sparkle and Wine Ltd. is unable for any reason to rectify a delivery error or to replace broken bottles, we will only refund the bottles concerned and any claims for damages are excluded.

All refunds are made by bank transfer to the account given by the client.

For the corking tastes and / or aromas deviated from foreign wines bottled in the country of production, any replacement of bottles is excluded.

 

  • Right to retract

The customer has a right of withdrawal which he can exercise within 7 working days from the date of shipment by writing an email to info@sparkleandwine.ch without having to justify reasons or pay penalties. , with the exception, where applicable, of return costs.

This is only valid for 2 boxes of 6 bottles maximum or for 3 wine accessories.

For the exercise of this right to be valid, the articles must be suitable for re-marketing and therefore be returned in their original packaging, unopened and intact to the address communicated in writing by Sparkle and Wine sàrl.

Otherwise, we cannot take them back and no refund will be made.

If the right of withdrawal is valid, the customer can then obtain a refund by bank transfer within 10 working days of receipt of the returned goods.

 

  • Guarantee for products other than wines and crémants

You have a 2-year warranty from the date of purchase for all products in the wine accessories category.

In case of defective products and it is a case of warranty, please contact info@sparkleandwine.ch before any other steps. The product will either be exchanged with a similar one or refunded at the value of the purchase price including VAT at the most.

The return of the goods includes the item itself in its original packaging, proof of purchase and all the accessories included in the delivery.

The warranty is valid only when the item in question has been used in accordance with the instructions provided or for its obvious purpose and if no attempt has been made to repair it.

Any damage other than that affecting the article in question is excluded from this guarantee.

 

  • Sales prices and payment conditions

The prices indicated on our website, during offers or in our newsletter are in Swiss francs (CHF) including VAT, excluding shipping costs and per unit, unless otherwise stated. The prices mentioned in our online shop are in principle valid subject to obvious errors. Claims for damages in the event of errors are excluded.

The standard VAT is 7.7% except for non-alcoholic products which is 2.5%. Any change in the VAT rate will, unless otherwise stated, be reflected in the public price, as soon as it comes into effect.

The costs of delivery and packaging are the responsibility of the customer unless otherwise stated by us. They may differ during special actions and will be specified to the client either on the site or by written communication.

For private customers :

The payment of the sale price and the delivery is made by cards (Visa, Mastercard) or by bank transfer on the site. In principle, payment in cash or by invoice is not accepted except in exceptional cases. Payment by invoice is 30 days net after invoicing. After this period, the order is cancelled.

It is possible that the payment of the order is made with SumUp as a payment provider at events, fairs, festivals, etc.

If you order more than 120 bottles, please contact us as the transaction is automatically blocked online.

No order will be delivered until full payment is made.

There is no minimum order.

For professional customers (Horeca, trade, associations etc.):

Please contact us before ordering. Specific advantages in terms of delivery, price, payment period or storage are possible depending on the case.

The minimum order is 2 boxes (12 bottles).

In any case, Sparkle and Wine Ltd. reserves the right to charge a reminder fee of CHF 20 after the 2nd reminder, starting from the due date of the invoice (i.e. 30 days net after the invoice date). and to charge interest on arrears of 1% per month in case of late payment. The administrative costs of debt collection are to be borne by the customer.

The client must report any ambiguity in the invoices within 15 days of receipt. Paid invoices are considered correct.

Any offsetting of any debts at the initiative of the ordering party with debts of Sparkle and Wine sàrl is excluded.

 

  • Data protection

Your personal data is collected and processed under our Privacy Policy. Please see it for more details.

 

  • Limitation of Liability

Sparkle and Wine sàrl disclaims all liability for any breach of its contractual obligations in the event of force majeure or fortuitous event preventing the proper execution of orders.

Without limiting the scope of these general conditions of sale, no request, whatsoever, for delivered products, non-delivery of products or otherwise may not exceed the amount of the purchase price of the products which gave rise to a claim for damages.

Under no circumstances may Sparkle and Wine sàrl be held liable for direct, indirect, incidental or consequential damages of any nature whatsoever (even if the birth of such damage was known or could have been known by Sparkle and Wine sàrl) occurring in connection with this site, its products, their use, their transport, their sale or during events of any kind whatsoever.

 

  • Retention of title

The products delivered to the customer remain the property of Sparkle and Wine sàrl until full payment of all invoices established on the basis of the order confirmation including all ancillary costs.

 

  • Modifications

Sparkle and Wine sàrl expressly reserves the right to adapt these general conditions of sale at any time to the circumstances and to apply them immediately without notice. The same is true for the prices and assortment of its online store as well as its partners or service providers.

 

  • Entirety

The online version of the General Conditions of Sale is authentic and replaces all previous agreements or provisions. Only the provisions provided for in individual contracts which specify these General Conditions take precedence over them.

 

  • Salvation clause

The validity of these General Conditions will not be affected if one of its provisions or one of its annexes is or should be declared void. In this case, the null or invalid provision will be replaced by a valid provision which approaches the purpose of the null or invalid provision. The same applies in the event of any contractual breach.

 

  • Applicable law and place of jurisdiction

These general conditions of sale are governed by Swiss law.

All disputes which cannot be settled amicably will be brought before the competent courts. The exclusive place of jurisdiction is Morges, subject to recourse to the Federal Court in Lausanne.

The application of the United Nations Convention on Contracts for the International Sale of Goods (RS 0.221.211.1) is expressly excluded.

 

Updated November 2022

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