The present terms and conditions (the “Terms and Conditions”) set forth by terroir wine club Sàrl, Place de Longemalle 1, 1204 Geneva, Switzerland (“terroir wine club”) govern the conditions of use and the rights and obligations of the user (the “User”) of the website www.terroirwineclub.ch and consequently of all sub-domains of www.terroirwineclub.ch (the “Website”). The Terms and Conditions also govern the conditions of sale and delivery of the services proposed through the Website.
If the User does not wish to be bound by the Terms and Conditions set ouf below, he/she must not access the Website or any of its pages. Furthermore, the User who utilizes the services proposed though the Website confirms that he/she is at least 18 years old.
By entering and browsing the Website and its pages, the User acknowledges that he/she has read, understood and agrees to be bound by the Terms and Conditions. Any specific agreement relating to the services offered by terroir wine club supplements the Terms and Conditions. In case of a contradiction between the Terms and Conditions and a specific agreement, the provisions of the specific agreement shall prevail.
The Website is a platform offering a wine subscription and sales solution. The Website also allows the User to access explanatory content directly related to the wines and its properties and to sign up for wine-related classes, tasting sessions and various events related to the wine industry. The Website’s services are intended both for individuals and companies.
- USER ACCOUNT
Access to certain sections of the Website and to some terroir wine club services is subject to the prior creation of a user account (the “User Account”).
Each User must create a User Account which is personal and non-transferable.
Registration is open to individuals who are at least 18 years old and have full civil capacity, as well as to duly constituted and validly represented legal entities.
The User must keep the access to his/her User Account information – such as login and password – secret and is solely responsible for this. terroir wine club is not liable for unauthorized access to the User Account by a third party and the User must immediately inform terroir wine club of any unauthorized access. The User must also immediately inform terroir wine club if the User Account or the safety of the email used is compromised in any way.
The User warrants that all information he/she provides to terroir wine club through the Website is complete, accurate and truthful. The User is required to keep his/her information up to date and to inform terroir wine club of any changes.
The admission of a User on the Website can be rejected at any time without any reason being given. In such a case, the User will be blocked from accessing his/her User Account.
Access to the Website or its services may be restricted at any time when necessary for security reasons or for the implementation of technical measures. No claim may be made by Users as a result of such restrictions.
- SUBSCRIPTION AND SALE
The User can choose between the following formulas:
- One-month subscription at 89 francs/month including VAT, debited once at the time of subscription.
- Three-month subscription at 69 francs/month including VAT, debited once at the time of subscription (total of 207 francs for three months).
- Six-month subscription at 67 francs/month including VAT, debited once at the time of subscription (total of 402 francs for six months).
It is important to note that each month is dedicated to a specific wine producer and that the monthly box includes three different wines from the same wine producer. However, it may happen that a monthly box contains wines from different wine producers for a special occasion.
The User can also contact the terroir wine club team directly for special orders, not going through the subscription system. A specific agreement (see point 1 of the present Terms and Conditions) will them be concluded.
If, for any reason, one or more bottles have to be replaced and the vintage for the month in question is sold out, terroir wine club will endeavor to offer another vintage of the same wine.
The invoiced price is the price indicated on the order conformation that is sent to the User.
The Website offers the following payment methods:
- Credit cards (free of charge), via STRIPE’s secure website for subscriptions.
- Bank transfer (free of charge) for special orders bound by specific agreements. The merchandise will be shipped once the due amount will be credited to terroir wine club’s bank account.
The User understands that the Website uses the payment services of a third party and that the terms and conditions (and any other relevant and applicable provisions) of such third party are applicable to this service.
terroir wine club’s products can be delivered throughout Switzerland. Deliveries are made by the external company Planète Express Sàrl, according to its own terms and conditions, or by any other shipping method selected by terroir wine club.
All orders will be delivered to the address and according to the indications given by the User. If the delivery information provided by the User is incomplete (e.g. incorrect address or impossible access), terroir wine club will contact the User. The new shipment will be at the User’s expense.
If no one is present to receive the order at the address indicated by the User, terroir wine club will deposit the order in front of the User’s door and declines any responsibility for loss, damage (whether direct or indirect) or theft of the order.
The User agrees to inspect the order immediately upon delivery. Any complaint (e.g. wrong order, missing or non-conforming product) must reach terroir wine club within 3 days from the delivery, otherwise any defects will be deemed accepted.
terroir wine club’s boxes are shipped at the end of each month. The average delivery time is 2 to 5 days after the expedition date depending on the User’s place of residence. In order to be delivered by the end of the ongoing month, the User must register on the Website before the 15th of that month. Should the User register after the 15th, the first delivery will take place at the end of the following month.
The delivery deadlines indicated by terroir wine club are given as an indication. Certain regions of Switzerland may require some additional days for the delivery to be carried out. terroir wine club and its partners endeavor to respect the deadlines to the best. However, the overtaking of the deadlines for delivery cannot involve neither cancellation of the order by the User, nor compensation, nor delay penalty.
If an item cannot be delivered within 30 days, the order is automatically cancelled and the User is informed by e-mail. In such a case, the User is fully refunded.
- RETURNS AND WARRANTY
Except in case of wine defect detected after the bottle opening, as detailed below, terroir wine club refuses any return of product.
Constitute – among others – a defect in the sense of the present article, cork taint, oxidation etc.
If the wine ordered by the User presents a defect, the User is required to inform terroir wine club in the shortest possible time. Depending on the defect, terroir wine club may agree to replace the bottle with the same wine and vintage depending on the stock availability.
If the vintage in question no longer is available, terroir wine club will endeavor to replace the bottle with a different vintage of the same wine.
It is specified that the replacement of the defective bottle intervenes only if (i) the bottle was suitably stored by the User before its opening; (ii) the bottle opening took place within a reasonable time after the delivery and (iii) the bottle filled to the ¾ and preserved with its original cork is made available to terroir wine club.
The User must demonstrate that he has a compliant facility dedicated exclusively to wine storage and that the wine has been stored there upon delivery by terroir wine club. Shipping and transportation costs are the responsibility of the User. A cash refund is excluded.
Under no circumstance, except in case of fraud or gross negligence, shall terroir wine club, its directors, officers, employees and other agents be liable, including in case of negligence, for any damages, loss or liability, including without limitation, direct or indirect, special, incidental, consequential damages, loss or liability in connection with the utilization of the Website and its services, wine delivery, hacking of User’s Account, User’s impersonation or reliance on or use of or inability to use the information and services of the Website, or in connection any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure, even if the User notifies terroir wine club of the possibility of such damages, losses or expenses. Furthermore, terroir wine club declines all liability for any manipulation of the User’s computer system by unauthorized third parties.
terroir wine club does not warrant the accuracy, adequacy, completeness or timeliness of the information and services available on the Website nor does it warrant error-free use of the Website.
terroir wine club does not guarantee that the Website will be available at any time or that it will meet the User’s requests, that access will be uninterrupted, that there will be no delay, failures, errors, omissions or loss of transmitted information, that no viruses or other harmful, contaminating or destructive properties will be transmitted or that no damage will occur to the User’s computer system. User is solely responsible for ensuring adequate data and/or equipment protection and backup and must take reasonable and appropriate measures to monitor for computer viruses or other destructive properties.
- LINKED SITES
Links contained on the Website may redirect the User to third-party websites, which are neither owned nor controlled by terroir wine club. Access to these third-party websites is entirely at the User’s expense and responsibility.
- INTELLECTUAL PROPERTY
Some of the information available on the Website (including the logo, design, trademark, software and other) is copyrighted and is owned by terroir wine club or third parties. Nothing contained on the Website should be construed as granting any license or right to use any terroir wine club image, trademark, service mark or logo. Under no circumstances may the User acquire rights related to any software or materials by downloading or copying them from the Website. The User may save or print hard copies of pages and/or sections of the Website, provided that the User does not remove any copyright or ownership notices. All property rights belonging to terroir wine club shall remain the sole property of terroir wine club. The property rights of third parties are expressly reserved.
All information and documents made available to terroir wine club by the User will be kept confidential (the “Confidential Information”). Confidential Information may be disclosed to third parties, such as winemakers or wine suppliers, terroir wine club’s service providers to whom the disclosure of such information or documents is necessary to provide their services, as well as terroir wine club’s financial, legal or tax advisor. If such information is disclosed to a third party, terroir wine club undertakes to inform the said person of this confidentiality clause and to require him/her to comply strictly with it.
Any information and documents not made available on the Website, in particular any separate agreement, but made available to the User by terroir wine club will be kept confidential by the User and will not be disclosed to third parties.
- COMMUNICATION MEANS
Any communication between the User and terroir wine club can be conducted by email, using the email address indicated by the User in his/her User Account (or by registered mail, if necessary or required by law).
The User’s attention is drawn to the significant risks that may be incurred by the use of e-mails (hacking, viruses, message modification or delivery problems, etc.) and the confidentiality issues that may be generated as a result. The User is solely responsible for any risks inherent to the use of emails. terroir wine club cannot be held responsible for any losses that may result from this. Furthermore, terroir wine club declines all liability for any damage resulting from the use of emails or any other means of transmission, in particular in the event of loss, delay or modification.
- AMENDMENTS TO THE PRESENT TERMS AND CONDITIONS
terroir wine club is entitled to amend the present Terms and Conditions any time.
The User will be notified, via the email address associated with the User Account, of any modifications made to the Terms and Conditions and such modifications will only be applicable after such notification to the User’s access to and use of the Website as well as transactions carried out through the Website.
The most current version posted on the Website shall apply between the User and terroir wine club.
- APPLICABLE LAW AND JURISDICTION
This clause does not prevent the application of any Swiss mandatory law applicable to consumers.