General Terms and Conditions

The General Terms and Conditions are the basis for a fair customer relationship. By submitting an order, the customer agrees to the General Terms and Conditions. We do everything we can to meet our customers’ needs and ensure their full satisfaction. For the sake of keeping the General Terms and Conditions easy to read, we use masculine pronouns but are also of course addressing our female customers.

These General Terms and Conditions (GTCs) govern the relationship between Rudolf Bindella Weinbau-Weinhandel AG, Hönggerstrasse 115, 8037 Zurich (hereinafter referred to as «Bindella») and you as a Bindella customer (hereinafter «Customer» or «you»). Deviating agreements must be made in writing in order to be valid.

Our entire selection at www.bindella.ch is intended for customers within Switzerland and the Principality of Liechtenstein. Deliveries are not made to other countries.

With the exception of Sections 5.1 and 8.1, the offer to enter into a contract is extended by you as the Customer when you click the button «[Buy] or [Place a binding order]» after completely filling out the order page. The order remains binding for one week. The contract is bindingly entered into if we accept the order within this period in accordance with the following provisions.

After sending the order, you will receive an automated e-mail with which we confirm receipt of the order (order receipt confirmation). The order confirmation is merely intended to inform you that we have received the order.

A valid contract only comes into existence when we declare our acceptance of the contract. We declare our acceptance of the contract by sending the Customer an invoice, confirming acceptance of the order (order acceptance), sending an email confirmation that the merchandise has left our warehouse (shipping confirmation), or at the latest upon delivery of the merchandise.

The contract that comes into existence only applies to the items that are explicitly listed on our invoice or in the order acceptance or shipping confirmation. This also concludes the extent of services.

The Customer has the option of printing the order and the entered data during the ordering process. The option of opening a Customer account is also given. The order details can be viewed in the Customer account after the personal login data have been entered. Bindella reserves the right to lock Customer accounts at its own discretion without providing a reason.

Bindella does not sell alcoholic beverages to minors under the age of 18. By submitting an order on www.bindella.ch, the Customer confirms the accuracy of the information he has entered and thus his eligibility to make a purchase. On delivery of the product, Bindella, or a shipping partner, is entitled to verify the customer’s age at all times by means of a government-issued ID.

5.1 Purchasing Gift Certificates

You can buy gift certificates on our website as a present for someone else or for your own use. In deviation from Section 3, the offer to conclude a contract via the purchase of gift certificates emanates from us. The contract becomes binding when you have entered all necessary information and completed your order, i.e. after you have clicked on «Buy» and made a successful payment. 

To make a purchase, you must pay in advance using the payment methods offered on the website. It is not possible to buy products on account. Where it is offered on the website, it is possible to order a gift certificate in credit card or «print at home» format. When ordering gift certificates in credit card format, we charge a fee of CHF 5.00 for materials and delivery. 

Unless expressly stated otherwise in the description of the gift certificate on the website, the following conditions apply: The minimum amount for a gift certificate is CHF 20.00; the maximum gift certificate amount is CHF 9,999.00. Gift certificates can be topped up on demand in our restaurants and vinotecas. A gift certificate entitles the holder to purchase goods or services in our online shop, our vinotecas and/or the restaurants of the Bindella Group. They are valid for 5 years from the date of issue. Gift certificates cannot be returned or exchanged for cash, even when there is only a small amount left on the certificate. As the owner of the gift certificate, you are obliged to look after the certificate and the pin code. They cannot be replaced, refunded or claimed if they are lost or stolen.

5.2 Redeeming Gift Certificates in the Online Shop

In the online shop, a gift certificate can be used during the payment process by entering the gift certificate number and, where applicable, the pin code. The amount of the gift certificate will be deducted from the purchase price. If the full amount of the gift certificate is not reached upon payment with the gift certificate, the balance of the gift certificate will remain valid. If a certificate holder’s purchase total is greater than the amount of the gift certificate, the difference must be paid during the payment process using a different method of payment.

6.1 Definition of End Customer

The terms under Section 6 apply to private individuals and enterprises located in Switzerland or the Principality of Liechtenstein as final customers.

6.2 Prices

All prices are per item in Swiss francs and include value-added tax. Price changes and limited-time promotions are possible at any time and do not need to be announced. Net items are labelled «n» or «net».

6.3 Discounts Based on Order Value

• 3% from CHF 500.00 to 749.00 per delivery
• 5% from CHF 750.00 to 999.00 per delivery
• 8% from CHF 1,000.00 or more per delivery

These discounts do not apply to items labelled as net, but the value of such items will count towards achieving the corresponding discount level.

6.4 Pick-Up Discount

A discount of 3% will be granted (in addition to the discount based on order value) when ordered merchandise is picked up at Bindella, Hönggerstrasse 115, 8037 Zurich. The provisions regarding pick-up discounts as set forth in the Terms of Delivery apply.

6.5 Payments

The purchase price can be paid by credit card (VISA, Mastercard, AMEX), debit card, PayPal, PostFinance card, or upon receipt of an invoice, if provided for and available on the website. When payment is made by credit or debit card, the data are transmitted in encrypted form.

If Bindella accepts payment of the purchase price upon receipt of an invoice, the purchase price is due within 30 days of the invoice date. Discounts for early payment are not accepted. Default interest of 5% will be charged for late payments. Reminder fees will be charged at a flat rate of CHF 20.00.

In the case of purchases to be prepaid before delivery, the requested order will not be sent until the corresponding payment has been received. The ordered items cannot be reserved. If payment is not received by Bindella within ten days, Bindella may cancel the order.

Bindella retains ownership of the merchandise until the invoice has been paid in full.

6.6 Delivery and Shipping Costs

Delivery shall be made subject to the condition of timely and proper self-delivery by our suppliers. In the event of force majeure such as strikes and other industrial action, riots, war, natural disasters as well as suspension of delivery by the manufacturer or sub-supplier, there shall be no default in delivery. Bindella shall not be liable for delays in delivery caused by suppliers or third parties.

Should every ordered item not be in stock, we are entitled to make partial deliveries. If, after entering into the contract, it is determined that merchandise cannot be delivered either in whole or in part for reasons for which the seller is not responsible, the Customer is entitled to withdraw from the contract.

In addition, Bindella reserves the right to adjust the ordered quantities after the order receipt confirmation, especially in the case of items of limited availability (see Section 6.8).

Deliveries are made to the invoice recipient or to the invoice recipient’s chosen delivery address in Switzerland or the Principality of Liechtenstein. In principle, the ordered goods will be delivered on our behalf by lorry, post or VinoLog according to the following cost regulations:

• Deliveries worth at least CHF 250.00 are delivered free of charge
• For deliveries worth less than CHF 250.00, a flat fee of CHF 15.00 is charged
• For destinations that involve additional effort (car-free regions, connection via mountain railways subject to charges, etc.), the additional costs will be invoiced
• For express deliveries, the Customer is charged for the effectively accrued costs

Quantities of up to 30 bottles are generally delivered by post or VinoLog. The merchandise is delivered as quickly as possible.

Our service is an obligation to send and is fulfilled with the handover to the carrier. After dispatch, the risk of accidental damage and accidental loss of the goods shall pass to the customer. We are not responsible for any fault on the part of the transport company used. The Terms of Delivery apply.

6.7 General Availability

Our selection (products, vintages, etc.) is subject to constant change. We reserve the right to make changes to our selection and/or vintages at short notice. We therefore cannot guarantee the complete and constant availability of the selection we offer on www.bindella.ch.

6.8 Items of Limited Availability incl. Rarities

Our range also includes wines and spirits with limited availability or items where demand exceeds supply. On the one hand, this means an increase in the value of our assortment; on the other hand, this shortage can make it more difficult to allocate such wines to our customers. It is our duty and policy to distribute as fairly as possible, and not in a speculative manner, across all of Switzerland. In doing so, we must also fulfil the producers’ requirements (product mix). We ask for your understanding in this regard.

6.9 Guarantee

The quality of the received merchandise must be examined immediately upon receipt; after eight days, the delivery is deemed to be approved.

Vintages older than nine years and all Bordeaux wines are sold as «buyer’s risk». The risk of a possible flaw (e.g., corking) is borne by the buyer.

6.10 Product Reviews

Our online shop provides the option of submitting product reviews. As the website operator, Bindella reserves the right to check reviews for unlawful or indecent content. When such content is found, the reviews will remain unpublished without further comment. It can therefore take one to two business days for your review to appear online. Bindella may use uploaded reviews for promotional purposes on the website and official social-media channels. The Customer grants Bindella the non-exclusive and freely transferrable and irrevocable right to the commercial use of the Customer’s reviews in accordance with the purposes mentioned in this section, though this right is limited in terms of time, region, and content.

7.1 Definition of Resale

Resellers are middlemen between Bindella and the final buyer, to whom they sell products and services purchased from Bindella. The following are considered resellers (exhaustive list):

• Businesses in the food service industry,
• Hotels,
• Wholesalers and retailers with

The terms under Section 7 apply to these resellers.

7.2 Prices

All prices are in CHF and do not include value-added tax. Price changes and limited-time promotions are possible at any time and do not need to be announced. Net items are labelled «n» or «net».

7.3 Discounts Based on Order Value

• 2% from CHF 1,000.00 to 1,999.00 per delivery
• 3% from CHF 2,000.00 to 2,999.00 per delivery
• 4% from CHF 3,000.00 to 4,999.00 per delivery
• 5% from CHF 5,000.00 or more per delivery

7.4 Payments

The purchase price can be paid by credit card (VISA, Mastercard, AMEX), debit card, PostFinance card, PayPal, or upon receipt of an invoice, if provided for and available on the website. When payment is made by credit or debit card, the data are transmitted in encrypted form.

If Bindella accepts payment of the purchase price on billing, our prices are net, payable within 30 days; discounts will not be accepted. Default interest of 5% will be charged for late payments. Reminder fees will be charged at a flat rate of CHF 20.00.

In the case of purchases to be prepaid before delivery, the requested order will not be sent until the corresponding payment has been received. The ordered items cannot be reserved. If payment is not received by Bindella within ten days, Bindella may cancel the order.

Bindella retains ownership of the merchandise until the invoice has been paid in full.

7.5 Delivery and Shipping Costs

Delivery shall be made subject to the condition of timely and proper self-delivery by our suppliers. Delivery default shall not apply in the event of force majeure, such as strikes and other forms of industrial action, riots, war, and natural catastrophes and when deliveries are suspended by the producer or upstream supplier. Bindella is not liable for delivery delays caused by upstream suppliers or third parties.

Should every ordered item not be in stock, we are entitled to make partial deliveries. If, after entering into the contract, it is determined that merchandise cannot be delivered either in whole or in part for reasons for which the seller is not responsible, the Customer is entitled to withdraw from the contract.

In addition, Bindella reserves the right to adjust the ordered quantities after the order receipt confirmation, especially for items with limited availability. See Section 7.6 General Availability and the sections that follow.

We deliver exclusively within Switzerland and the Principality of Liechtenstein. For deliveries with a value of less than CHF 500.00 excluding VAT, we will charge a small quantity surcharge or

transport-cost share of CHF 15.00. Outside of our planned routes, the transport costs are borne by the buyer (cost price).

7.6 General Availability

Our selection (products, vintages, etc.) is subject to constant change. We reserve the right to make changes to our selection and/or vintages at short notice. We therefore cannot guarantee the complete and constant availability of the selection we offer on www.bindella.ch.

7.7 Items of Limited Availability incl. Rarities

Our range also includes wines and spirits with limited availability or items where demand exceeds supply. On the one hand, this means an increase in the value of our assortment; on the other hand, this shortage can make it more difficult to allocate such wines to our customers. It is our duty and policy to distribute as fairly as possible, and not in a speculative manner, across all of Switzerland. In doing so, we must also fulfil the producers’ requirements (product mix). We ask for your understanding in this regard.

7.8 Guarantee

The quality of the received merchandise must be examined immediately upon receipt; after eight days, the delivery is deemed to be approved.

Wines with corking can only be replaced to a reasonable extent, meaning up to a maximum of 1% of the original bottles purchased, within at most 18 months of delivery. Replacements cannot be granted for Bordeaux wines which may have been corked. We cannot provide refunds for wines not purchased from us.

Vintages older than nine years and all Bordeaux wines are sold as «buyer’s risk». The risk of a possible flaw (e.g., corking) is borne by the buyer.

7.9 Reusable Containers

Returnable bottles are invoiced and cannot be deducted from the payment of the invoice. Wine crates are provided free of charge.

The recipient is obligated to return these to the supplier during the course of purchases. Debited reusable containers can only be returned to us or credited in the quantities delivered by us. Non-conforming glass will be separated and not refunded. The maximum return period for containers is one year after delivery.

8.1 Registration

You can register for an event by telephone, email, fax, online, or in person. The registration is binding for the participant.

8.2 Event Fee

By registering, the participant is obligated to pay the event fee. Failure to pay the event fee is not deemed a cancellation of the registration.

The payment conditions according to the terms of the invoice for the event fee apply. In any case, however, the event fee must be paid in full before the start of the event.

8.3 Cancellation/Postponement

Options for cancelling an event depend on the amount of the event fee and the time of cancellation.

8.3.1 Events with Fees Less than CHF 100.00

Due to the low event fee, such events cannot be cancelled. However, in the event of cancellation before the start of the event, participants will be refunded a goodwill amount of CHF 50.00 in the form of a Bindella voucher. If the participants fail to appear on the event day without prior cancellation of the registration, the event costs cannot be refunded.

Participation in an event can be postponed free of charge up to two weeks before the start of the event if there is a possible postponement date for the event and the postponement does not result in the originally booked event having too few participants to be conducted.

8.3.2 Events with Fees Greater than CHF 100

Participants can cancel events free of charge up to two weeks before they start. In this case, the event fee will be refunded. If registration is cancelled less than two weeks before the start of the event, the event fees can no longer be refunded. As a gesture of good will, however, CHF 50.00 will be paid out in the form of a Bindella gift certificate. If participation is cancelled 48 hours before the start of the event, the entire event fee must be paid.

The event can also be postponed free of charge up to two weeks before the start of the event if there is a possible postponement date for the event and the postponement does not result in the originally booked event having too few participants to be conducted.

8.4 Event Gift Certificates

An event gift certificate can be converted to a normal Bindella gift certificate, but a processing fee of CHF 15.00 will be charged for this. The gift certificate cannot be redeemed for cash.

8.5 Organisation and Attendance of Events

In order to guarantee the best possible execution of the event, a maximum number of participants can be set for events. Registrations will be acknowledged in the order in which they are received.

If there are not enough participants for an event, Bindella may cancel the event without replacement. In this case, the event fee will be refunded in full. The participant cannot claim any further costs (such as interest).

9.1 Registration/Contract Formation

Upon receipt of a registration in writing, by telephone, in person, or online, a contract is formed between the participant and Bindella. If the participant registers additional tour participants, he accepts the contractual obligation for all registered participants (in particular, payment of the tour price). The contractual arrangements apply to all participants.

We are aware from experience that the definitive number of participants must be communicated to airlines well in advance. We therefore recommend that you register in a timely manner. Tentative registrations are possible up to two months before the start of the tour.

9.2 Our Services

Our services are outlined in the separate tour description and itinerary. They only apply from Zurich airport or the place of departure defined in the itinerary. Timely arrival at the point of departure is the participant’s responsibility.

9.3 Tour Price

The price to be paid is in Swiss francs, includes VAT, and (unless stated otherwise) is per person. The price includes transport costs, accommodation, meals, visits to wineries and cultural activities.

9.4 Payment Terms

Depending on the tour and time of registration, we will invoice a portion of the costs (down payment) no later than two months before departure and the remaining balance 30 days before the start of the tour.

If payment is not received in a timely manner, Bindella has the right to withdraw from the contract without compensation and to claim the cancellation costs according to Section 9.5.

9.5 Cancellation by the Participant

Our cancellation conditions come into force when the participant cancels the purchased tour. All cancellations must be made in writing. The following costs will be incurred:

• 90 days before departure: Full refund of the tour costs
• 60 days before departure: 80% refund of the tour costs
• 45 days before departure: 50% refund of the tour costs

None of the costs will be refunded less than 45 days before departure or in the case of non-attendance.

The cancellation costs are calculated based on the date of receipt of the written cancellation. No costs are charged when a tentative registration is cancelled up to two months before the start of the tour.

9.6 Itinerary Changes or Cancellation by Bindella

Bindella reserves the right to change individual agreed services when necessary due to unforeseen circumstances. However, Bindella will always strive to provide an equivalent compensatory service.

Minimum participant numbers apply to our tours. Bindella reserves the right to cancel the tour no later than 15 days before departure when this defined participant number is not reached.

9.7 Insurance

The participants are not insured through Bindella. Participants must have taken out health and accident insurance independently. Bindella also recommends taking out additional cancellation insurance.

Bindella’s collection and processing of customers’ personal data is explained in the Privacy Policy, which constitutes an integral contractual component of these GTCs. The Privacy Policy can be accessed at www.bindella.ch/en/wine-shop/datenschutz.

The Customer hereby consents to the use of the personal data for the customisation of ads and product offers displayed on the website. Personal data is not passed on to the advertisers.

Swiss law shall apply exclusively. The exclusive place of jurisdiction is Zurich.

Zurich, 31.10.2023
GTCs version 1.7.0

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