Terms of Sale

Application Domain

1.1 These conditions are applicable in all commercial relations - products and services - between La Gara and its customers. All other conditions are only valid if they are written down and signed by authorized persons.

Price

2.1 All catalog prices or prices published on the internet are without commitment of duration. The adaptation to the daily price remains reserved. Price and item program changes are reserved. Price variations will be applied immediately without prior notice. VAT will be indicated separately on the invoice. Additional costs will be charged for packaging and shipping. All services, as well as transport, services and unloading are subject to VAT.

Offers

3.1 Offers are valid for a limited time, which is specified. Once the deadline has passed, La Gara can dispose of the goods offered in the offer.

3.2 An offer is only valid for the quantities and conditions defined on it.

Orders

4.1 The products are ordered by the customer on the basis of individual orders, in person, in writing, by e-mail or by telephone.

4.2 An order cancellation before delivery or shipment generates a total refund of the order.

4.3 No goods will be delivered on invoice to a person on behalf of third parties, without their authorization.

4.4 In the event that it is not specified in the written offer, the period for removing the goods from the cellar is 30 days. After this period, the order will be canceled and the costs incurred by the company may be invoiced to the customer.

Transport and shipping costs

Different types of delivery exist.

5.1 Price ex cellar: merchandise taken by the customer on the cellar site.

5.2 Free price: goods delivered by truck.

5.3 Price for postal delivery: goods delivered by post and collected by the customer.

Preparation of the goods

6.1 The packaged goods, as well as the wines removed from the cellar, by the care of the customer, travel at the risk and peril of the buyer. The commitment to meet deadlines starts from the day the goods leave La Gara premises. The delivery costs are borne by the customer.

Packaging

7.1 Lost packaging (glasses, boxes, etc.) will not be returned to the customer's home.

Late delivery

8.1 La Gara cannot be held responsible for delays in delivery due to transport difficulties. In the event of delay, all costs, damages and interest will be excluded.

Receipt of the goods

9.1 By signing upon receipt of the goods, the customer certifies the proper delivery.

9.2 The goods must be checked upon receipt. Any faults will be reported without delay on the delivery note or in the form of manuscripts (by email), accompanied by the client's signature. Defective products must not be accepted, otherwise they are considered accepted.

9.3 Complaints must be made immediately, but at the latest within 8 days of delivery.

Merchandise returns

10.1 La Gara is unable to accept returns without prior notice or consent. Goods bought in excess are taken back, provided that they are in perfect condition. Only the original sealed boxes by La Gara give rise to a credit note. Transport costs for the return of goods are at the customer's expense, unless special arrangement with La Gara. Special orders are not accepted.

Guarantee

11.1 Merchandise which gives rise to a complaint must in no case be used. All costs incurred by not observing this rule are borne by the customer. A defective product received or used is considered accepted.

11.2 In the event of complaints addressed within the time limit concerning a product having a defective quality which can be imputed to La Gara, the latter replaces the goods in question free of charge and as quickly as possible. Any other claim for compensation or civil claim is excluded. La Gara declines all responsibility for the choice of products delivered, as well as the consequences of their use, as well as the consequences of the use of defective products.

11.3 For the replaced products, La Gara gives the same guarantee as for the initial services.

11.4 La Gara declines all responsibility in the event of use or processing which does not comply with professional standards, in the event of excessive consumption, non-observance of prescription, inadequate storage or similar cases.

11.5 Complaints about the delivered goods do not release the customer from the obligation to pay within the time limits.

11.6 No other claim by the customer will be taken into consideration, in particular, a claim for compensation for damage not directly relating to the delivery itself.

Invoice complaint

12.1 Complaints relating to a possible invoicing error must be made within 8 days of receipt of the invoice.

Payments

13.1 Invoices relating to amounts due are payable, without additional costs, within 30 days of the invoice date. The delivered goods remain the property of La Gara until full payment of the invoice. No other deduction is accepted, except with written agreement from La Gara. Payment by credit card is net and does not qualify for the discount.

13.2 Interest on late payment at the usual rate in force will be invoiced the day after the due date. Unjustly deducted discounts and recall costs will be charged. The recall costs amount to CHF 5.— for the second recall and CHF 10.— for the third recall.

13.3 Any advantage granted by La Gara will lapse if it has to sue the client in the event of bankruptcy or if the trade claim is included in a debt restructuring procedure. In the event that La Gara sues a client, the total amount of the claim and interest on arrears become due.

13.4 La Gara reserves the right to require cash payment, production of a guarantee or payment in advance.

13.5 Deliveries on credit may be blocked with immediate effect for customers who have exceeded the credit limits allocated by La Gara or which are late on their payments.

Jurisdiction

14.1 For all disputes, the place of jurisdiction is Geneva, head office of La Gara. La Gara is entitled to sue the customer at the latter's head office.

14.2 Swiss law is applicable.