1. FIELD OF APPLICATION
These conditions are applicable in all commercial relations - products and services - between Pinget Vins SA (hereinafter "Pinget") and its customers. All other conditions are only valid if they are written down and signed by authorized persons.
2. ACCOUNT OPENING
A credit limit is granted by Pinget to the customer. This can be revised at any time. The account can be canceled without notice.
The client will inform Pinget of any change in name, address or company name.
All catalog prices or prices published on the internet are without time commitment. The adaptation to the daily price remains reserved. Price and item program changes remain 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 have a limited time validity, which is specified. For bulk wines, the offers have a duration of 15 days. Once the deadline has passed, Pinget can dispose of the goods offered in the offer.
An offer is only valid for the quantities and conditions defined on it.
The products are ordered by the customer on the basis of individual orders, in person, in writing, by e-mail or by telephone.
An order cancellation that Pinget has not accepted leads to payment by the customer of an amount equivalent to the costs incurred by the company.
No goods will be delivered on invoice to a person on behalf of third parties, without their authorization.
In the event that it is not specified in the written offer, the period for removing the goods from Pinget's points of sale is 30 days. After this period, the order will be canceled and the costs incurred by the company may be invoiced to the customer.
6. TRANSPORT AND SHIPPING COSTS
Different types of delivery exist:
- Starting price Grandvaux: goods taken by the customer at Grandvaux Estate.
- Free price: goods delivered by truck.
- Postage price: goods delivered by post and collected by the customer.
7. PREPARATION OF THE GOODS
Packaged goods, as well as bulk wines removed from the depots, by the customer, travel at the buyer's risk. The commitment to meet deadlines starts on the day the goods leave Pinget premises. Shipping and packaging costs are the responsibility of the customer. Bulk deliveries in containers or cisterns, once loaded, are the responsibility of the customer.
Lost packaging (glasses, boxes, etc.) will be compensated for and will not be taken back to the customer's home.
9. DELAY IN DELIVERY
Pinget 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.
10. RECEIPT OF GOODS
By signing upon receipt of the goods, the customer certifies the proper delivery.
The goods must be checked upon receipt. Any faults will be reported without delay on the delivery note, in the form of handwritten reservations, accompanied by the client's signature. Defective products must not be accepted, otherwise they are considered accepted.
Claims must be made immediately, but at the latest within 8 days of delivery. For bulk wines, complaints are only taken into account on the basis of analyzes carried out by an accredited laboratory and validated by Pinget.
11. RETURN OF GOODS
Pinget is not able to accept returns of goods, without prior notice or without its agreement. Goods bought in excess are taken back, provided that they are in perfect condition and that they are still in Pinget's current stock. Only the original sealed cartons by Pinget give rise to the establishment of a credit note. Transport costs for the return of goods are at the customer's expense, unless special arrangement with Pinget. Special orders are not accepted.
Under no circumstances should merchandise giving rise to a complaint be used. All costs resulting from non-compliance with this rule are borne by the customer. A defective product received or used is considered accepted.
In the event of complaints addressed within the time limit relating to a product presenting a defective quality which can be imputed to Pinget, this one replaces free of charge and as quickly as possible the incriminated goods. Any other claim for compensation or civil claim is excluded. Pinget declines all responsibility for the choice of products delivered, as well as for the consequences of their use, as well as the consequences of the use of defective products.
For the replaced products, Pinget gives the same guarantee as for the initial services.
Pinget declines any responsibility in the event of use or treatment not satisfying the rules of the art, in the event of abusive consumption, non-observance of prescription, inadequate storage or similar cases.
Complaints about the delivered goods do not release the customer from the obligation to pay within the time limits.
No other claim of the customer will be taken into consideration, in particular, a claim for compensation for damage not directly related to the delivery itself.
13. INVOICE CLAIM
Complaints relating to a possible invoicing error must be made within 8 days of receipt of the invoice.
Invoices for amounts due are payable, without additional charges, within 30 days of the invoice date. The delivered goods remain the property of Pinget until full payment of the invoice. No other deduction is accepted without written agreement from Pinget. Payment by credit card is net and does not qualify for the discount.
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 20.— for the second recall and CHF 30.— for the third recall.
Any advantage granted by Pinget 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 Pinget sues a client, the entire claim and interest on arrears become due.
Pinget reserves the right to demand cash payment, guarantee production or payment in advance.
Deliveries on credit may be blocked with immediate effect for customers who have exceeded the credit limits allocated by Pinget or which are late on their payments.
15. place of jurisdiction
For any dispute, the place of jurisdiction is Lausanne or, where applicable, for a third-party product, the domicile of the manufacturer. Pinget is entitled to sue the customer at the latter's head office.
Swiss law is applicable.