By buying from Zarah Wine Sagl you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or by any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Swiss Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We are committed to protecting your privacy. Authorised employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible
Client records are regarded as confidential and therefore will not be divulged to any third party, other than, if legally required to do so, to the appropriate authorities. Clients have the right to request sight of, and copies of, any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
All prices are net prices and payable within 7 working days from the order/invoice date before collection. Cash or Personal Cheque with Bankers Card, Bankers Draft or BACS Transfer are all acceptable methods of payment. In the event of non-payment, cancellation or partial payment of an account within the specified terms, the Company reserves the right to cancel the order and charge a cancellation fee of up to 20% of the outstanding amount, or actual losses incurred by the Company as a result of cancellation if greater than 20%. We reserve the right to utilise any monies held on account or otherwise received from or on behalf of the customer to discharge any such cancellation fees. We shall be entitled to sell any wine which is held or stored on behalf of a customer to settle outstanding invoices (whether on account of cancellation fees or otherwise). The Company will account to the customer for any cash balance held after settling all outstanding invoices. All goods remain the property of Zarah Wine Sagl until paid for in full.
Shipments and Deliveries
The Company Incoterms are Ex Works (EXW) unless otherwise specified. Our responsibility is to make the goods available, suitably packaged from our warehouse. The buyer is responsible for loading the goods onto a vehicle, for all export procedures, for onward transport and for all costs arising after collection of the goods. Only when specified in writing, will Zarah Wine Sagl organise deliveries. In such case, The Company Incoterms become Delivered at Place (DAP). We will therefore be responsible for arranging carriage and for delivering the goods, ready for unloading from the arriving conveyance, at the named place. Insurance coverage will not be part of our responsibility for DAP shipments. DAP shipments covered by insurance must be requested by the client in advance and by writing. In the unlucky events of damages and defects, notifications are to be made immediately when the damage is visible externally and no later than 5 working days after the receipt of the goods for internal damages or defects.
Zarah Wine Sagl requires all collections to be made by the buyer within one month from date of invoice unless otherwise specified. Failure to collect within these terms will incur storage and insurance fees of 1.5% of the goods value for each extra month of deposit. The company reserves the right to hold any wine from being released to the client until exceeded storage and insurance fees are settled in full. Zarah Wine Sagl shall be entitled to cancel any invoice and sell any wine in deposit which is not collected within two years from date of invoice unless otherwise agreed by the parties.
An order confirmation is a document that states our commitment to sell goods to the buyer at specified prices and terms. We use it to declare the value of the trade when, for any reason, the status of the order is not yet finalised. An order confirmation is not a recorded commercial invoice; it is simply a confirmed purchase order, where both parties agree on the product details. We consider an order confirmation a binding agreement although, the price and quantity may change in advance of the final sale.
Quality Control and Notification of Defects
According to the usages in wine branch as well as to the provisions of the Association of Swiss Wine Commerce, defective bottles will only be replaced if it is Swiss wine or foreign wine bottled in Switzerland and within a year from the date of purchase. Zarah Wine Sagl adheres strictly to a condition code regarding all wines. In the case of most older wines, the colour should be deemed acceptable. In the event that wines are corked or out of condition for consumption, it will be at the discretion of the Company that replacements be made available, without obligation. We are fastidious with regard to provenance and storage conditions, so problems of this nature rarely occur.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, nor which could have been reasonably foreseen, which causes the termination of an agreement or contract entered into. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Termination of Agreements and Refunds Policy
Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.
The notification of defects must be made no later than 7 days after the receipt of goods, but at the latest within one year after the purchase. Refunds are issued, without obligation, only once defective stock is received back and inspected by Zarah Wine Sagl. Any return of faulty stock must not exceed 30 days from the receipt of goods by the Client, if this term is exceeded, it will be at the discretion of the Company that refunds be made available.
We have several different e-mail addresses for different queries. These and other contact details, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone or mobile telephone numbers.
This company is registered in Switzerland, Number CH-501.4.017.871-2, registered office Studio Legale Poledna Boss Kurer AG, Via Ferruccio Pelli 7, 6900 Lugano, Switzerland. Our registered VAT number is CHE-451.347.812.
The laws of Switzerland govern these terms and conditions. By using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the Swiss courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
These terms and conditions form part of the Agreement between the Client and us. The client's undertaking of a booking or Agreement indicates understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.