These General Terms and Conditions lay down the legal relationship between MACARDO GmbH and its Customers with respect to all agreements concluded between the Parties. Any Buyer regulations that conflict with these General Terms and Conditions are hereby expressly excluded.
2. Product Range and Delivery Area
The Seller’s product range can be viewed on the website www.macardo.ch and is non-binding. We reserve the right to make changes to our prices and product range, as well as technical modifications. Products are available only while they are visible on the website and while stocks last. Product information, including product summaries and images, is primarily for illustration purposes and is non-binding.
The Seller delivers only within Switzerland. Deliveries will be made directly to the delivery address and contact person specified by the Customer.
3. Conclusion of Agreement on www.macardo.ch
By submitting their order and agreeing to these General Terms and Conditions, the Buyer submits a legally binding offer to conclude an agreement. The agreement will be deemed concluded when the Buyer receives confirmation of their order by email from MACARDO GmbH. Confirmed orders can no longer be canceled or changed by the Buyer.
4. Prices and Delivery Charges
All prices are stated in Swiss francs (CHF), incl. VAT. We reserve the right to change the prices, conditions, and vintages stated on the website, whereby the day on which the order is placed is deemed the reference date. The delivery charges pertaining to delivery by B Mail, franking, and packaging are payable by the Customer and are calculated as follows: (Status: February 2017)
5. Volume Discount
The following volume discounts will be applied to orders over CHF 800:
• 2% as of CHF 750.00
• 4% as of CHF 1‘500.00
• 6% as of CHF 3’000.00
No accumulation of discounts is possible. Volume discounts are not available in conjunction with special offers.
Orders are payable by invoice within 10 days. The delivered goods will remain the property of the Seller until complete payment. If the Customer falls in arrears with payment of the purchase price, the Seller will be entitled to take back its goods. (Declaration of withdrawal).
When the goods are issued for shipment, liability is transferred to the Customer. Information about availability and delivery times is non-binding, unless written confirmation of this information is received from the Seller. Provided that the goods are in stock, they will generally be delivered on workdays within 5 days.
8. Warranty and Defects
The Buyer must report any obvious defects by email to email@example.com at the latest 5 days after receipt of the delivery. They must report any hidden defects by email immediately, but at the latest within 5 days of discovery. If the Buyer fails to report defects on time, their warranty claims will be rendered invalid.
The defective goods must be returned together with a copy of the invoice and a detailed description of the defect(s). The Customer will be informed of the return address by email once their written complaint has been received. Any transport costs incurred will be borne by the Buyer.
In the case of a warranty claim, the Seller will decide whether to reduce the purchase price, replace the goods, or refund the purchase price. Not covered by warranty is any damage caused solely by the Buyer, e.g. as a result of improper handling, incorrect storage, or any other external factors for which the Seller is not responsible.
Products ordered by the Customer in error will not be taken back or refunded.
Insofar as permitted by law, the Buyer is not entitled to any other claims, irrespective of their legal grounds. The Seller, their assistants, and their vicarious agents are not liable for damage that has not occurred to the goods themselves, in particular any consequential damage, loss of profit, or any other financial losses incurred by the Buyer.
10. Sale of Alcoholic Beverages to Young People
MACARDO GmbH’s web shop does not sell alcohol to the under 18s. By submitting their order, the Buyer confirms that they are 18 years or over in order to comply with this regulation and the relevant statutory provisions.
11. Changes and Supplements
MACARDO GmbH explicitly reserves the right to adapt these General Terms and Conditions in line with the relevant conditions at any time and to apply them with immediate effect.
12. Applicable Law/Jurisdiction
In the event of a dispute, exclusively substantive Swiss law will apply. The place of jurisdiction is Amlikon-Bissegg (Switzerland).