Edition: August 2024

1. General

1.1 buonvino gmbh (hereinafter referred to as "buonvino") sells products and provides services, particularly via the website www.buonvino.gmbh. These Terms and Conditions (hereinafter "T&C") apply to all legal relationships between buonvino and the recipient of products and/or services at buonvino (hereinafter "customer"). Together, buonvino and the customer are referred to as the "parties".

1.2 The customer guarantees that they are at least 18 years old at the time of placing the order.

1.3 The customer's general terms and conditions are not applicable and are hereby excluded.

1.4 Deviations from these T&C are only valid if agreed in writing or by e-mail between the parties.

1.5 Where special contractual conditions of buonvino apply in addition to these T&C, these conditions take precedence if they contain differing provisions.

2. Orders

2.1 All offers from buonvino are non-binding.

2.2 By placing an order, the customer submits an offer that is binding for two weeks after receipt by buonvino. Upon request, buonvino may voluntarily cancel the order.

2.3 After receiving an order, buonvino usually sends an order confirmation to the customer's provided email address. This confirmation is solely for information purposes and has no legal effect.

2.4 The contract is concluded as soon as buonvino provides a service to the customer (e.g., dispatch or delivery of products) or sends an order confirmation.

2.5 All services to be provided by buonvino are listed in the delivery note and/or order confirmation.

2.6 The customer checks the documents issued by buonvino (invoices, delivery notes, order confirmations) within 5 calendar days after dispatch or handover. Discrepancies must be reported within this period; otherwise, the documents are deemed approved.

3. Procurement of Products, Cancellations, Change of Vintage

3.1 buonvino is entitled to cancel orders at any time without stating reasons. In this case, the customer only pays for the partial performance actually provided.

3.2 buonvino is not obliged to supply specific products or vintages of wines.

3.3 buonvino reserves the right to deliver the next available vintage of the ordered wine without prior consultation with the customer. Objection to the delivery of the adjusted vintage is excluded.

3.4 Further claims of the customer arising from the business transactions mentioned in this section are excluded.

4. Prices, Costs, Payment and Delivery Conditions

4.1 All prices are in Swiss Francs, including VAT.

4.2 All orders are delivered free of charge. There are no additional shipping or packaging costs for the customer.

4.3 buonvino is entitled to make partial deliveries. Partial deliveries do not incur additional costs for the customer.

4.4 The agreed prices, costs, payment, and delivery conditions are determined by the invoice from buonvino or, if missing, by the order confirmation or the prices and conditions communicated to the customer at the time of order.

4.5 buonvino reserves the right to deliver orders only against prepayment.

4.6 buonvino assigns to the customer all rights buonvino holds vis-à-vis the carrier. The customer assumes the risk for transport and delivery.

4.7 Invoices from buonvino are payable within 10 days from the invoice date without deduction unless otherwise stated. buonvino retains ownership of the goods until full payment. After the payment period expires, the customer is in default without the need for a reminder.

4.8 In the event of default, the claim may be assigned to a collection agency, which may charge an annual interest of up to 10% and additional processing fees.

4.9 Vouchers (discounts and promotions):

• Vouchers can only be used once per order.
• Combination with other vouchers is not possible.
• Vouchers are non-transferable to other customer accounts and cannot be redeemed for cash.

5. Deadlines

5.1 All delivery and shipping deadlines mentioned by buonvino are non-binding.

5.2 If a delivery is delayed by more than five business days, the customer can waive the delayed part of the delivery...

6. Inspection by the Customer

6.1 The customer must inspect the delivery within 10 calendar days of receipt for visible defects and completeness...

7. Warranty and Liability

7.1 The warranty period for hidden defects is two years from the delivery of the service.

7.2 If the customer finds a defective wine (so-called "corked wine"), buonvino will replace it if:

• the warranty period has not yet expired,
• the bottle is at least 2/3 full, and
• buonvino confirms the defect.

7.3 The replacement is provided in the form of an electronic voucher for the value of the corked wine.

7.4 Further warranty rights are not available.

7.5 buonvino's liability for personal injury is unlimited. For material and financial damages, liability is limited to the price of the service. Further liability for indirect damages or lost profits is excluded unless gross negligence or intent is present.

8. Customer Conduct and Publication Rules, License on Customer Contributions

8.1 Customers can publish comments and product reviews on the website. By publishing, the customer agrees to these rules.

8.2 The customer is responsible for their contributions and any legal violations. They ensure that their contributions do not infringe third-party rights and indemnify buonvino against third-party claims.

8.3 Contributions should be factual, creative, and of quality. Inappropriate content (e.g., violence, hate, discrimination) is prohibited.

8.4 Advertising content, spam, and links to other providers are not permitted.

8.5 Customers should not publish personal contact information in their contributions.

8.6 buonvino reserves the right to review, modify, or delete contributions. In case of serious violations, the customer may be banned, or their account deleted.

8.7 License of the customer to buonvino for customer contributions:

• The customer grants buonvino an unlimited, transferable, and royalty-free license to use their contributions.

9. Final Provisions

9.1 buonvino may engage third parties to provide services.

9.2 buonvino communicates with the customer by email. The customer bears the risk of receiving emails.

9.3 Benefits and risks are transferred to the customer at buonvino's headquarters.

9.4 The place of performance for all obligations is buonvino's headquarters.

9.5 If a provision of these T&C is invalid, the validity of the remaining provisions is not affected. An invalid provision is replaced by an economically equivalent one.

9.6 These T&C are exclusively governed by Swiss law. The place of jurisdiction is buonvino's headquarters.