GENERAL TERMS AND CONDITIONS OF BUSINESS
SCOPE
The following General Terms and Conditions apply to all orders placed via the SHOWROOM39 GmbH online shop by consumers and businesses, which the purchaser accepts when placing the order.
For businesses, these General Terms and Conditions also apply to future business relationships without the need for further reference. Should the business use conflicting or supplementary General Terms and Conditions, their validity is hereby rejected. The business's General Terms and Conditions will only become part of the contract if The Spirit Company GmbH has expressly agreed to this in writing.
SHOWROOM39 GmbH operates an online shop for alcoholic beverages and accessories for commercial purposes on the website https://artanddrinks.ch/.
The customer/orderer has the option of selecting and ordering products from the respective range of SHOWROOM39 GmbH on the aforementioned website.
The offer on this website is aimed exclusively at private customers/customers residing in Switzerland or Liechtenstein.
Online product offers are only valid while they are visible in the online shop and while stocks last. Images shown in the online shop are for illustrative purposes only and are non-binding.
Shop@artanddrinks.ch expressly reserves the right to change these Terms and Conditions at any time and to put them into effect without notice.
In the event of disputes, substantive law shall apply exclusively, excluding conflict of law rules. The UN Convention on Contracts for the International Sale of Goods (CISG, CISG) is explicitly excluded. The place of jurisdiction shall be Zug, unless the law provides for a mandatory place of jurisdiction.
CONCLUSION OF CONTRACT
The customer/orderer has the option of selecting products on the website https://artanddrinks.ch/. Once selected, the individual products can be collected in an "online shopping cart." The website provides an individual product description for each available product.
As soon as the customer has made his selection and put together the products, he receives an overview of the put together products with a total price including sales tax (VAT).
In addition to the total price, a one-time shipping fee will be charged for orders up to CHF 200. For orders over CHF 200, shipping is free within Switzerland and Liechtenstein.
Before placing an order, the customer/orderer can check the contents of his shopping cart with regard to the price and quantity of the goods to be ordered and correct them if necessary.
The product range offered by SHOWROOM39 GmbH in our online shop is subject to change and non-binding. The sole presentation does not constitute a legally binding offer, but merely an invitation to purchase.
All offers are valid "while stocks last." SHOWROOM39 GmbH reserves the right to reject an order due to "unavailability."
In the event of a rejection, the customer/orderer will be informed immediately by email and at the same time provided with possible alternatives.
The contract is only concluded through an offer and its corresponding acceptance.
By completing the order using the “Submit order” button, the customer/orderer submits a binding offer.
SHOWROOM39 GmbH reserves the right to accept this offer.
The purchase contract is only concluded when SHOWROOM39 GmbH has received the order and accepted it by sending an order confirmation via email. Confirmation of receipt of your order will be sent via email immediately after the order has been submitted and does not constitute acceptance of the contract.
Orders placed are binding for the customer/orderer. Unless otherwise stated, there is no right of return or withdrawal.
DELIVERY & SHIPPING
SHOWROOM39 GmbH always strives to adhere to the agreed delivery deadlines and delivery quantities. Unless otherwise agreed, delivery will take place within 3-5 business days after receipt of payment from SHOWROOM39 GmbH's warehouse to the delivery address provided by the customer. Any incorrect or incomplete address information provided by the customer/orderer will be at the customer's/orderer's expense.
Shipping costs for all deliveries are CHF 15.00 excluding 7.7% VAT up to an order value of CHF 200. For orders over CHF 200, shipping is free within Switzerland and Liechtenstein.
SHOWROOM39 GmbH is released from its obligation to provide services to the customer/orderer from the time the shipment has been handed over to the company or person carrying out the transport or has left the warehouse for the purpose of dispatch.
Accidental deterioration of the goods shall pass to the customer upon handover, or in the case of mail-order purchases, upon delivery to the freight forwarder, carrier, or other person designated to carry out the shipment, if partial deliveries are made and/or SHOWROOM39 GmbH has assumed additional services, e.g., transport costs or delivery. Consumers are exempt from this provision.
DELIVERY RESTRICTIONS & FORCE MAJEURE
If delivery and service delays occur due to force majeure or other events for which SHOWROOM39 GmbH or its suppliers are not responsible and which cannot be foreseen, which make delivery/service significantly more difficult or impossible for SHOWROOM39 GmbH (in particular natural disasters, strikes, official orders, lockouts, corona virus, etc., even if they occur at suppliers of SHOWROOM39 GmbH or their subcontractors), SHOWROOM39 GmbH is not responsible, even if binding deadlines have been agreed.
In such a case, the customer/purchaser authorizes SHOWROOM39 GmbH to postpone the delivery of the goods for the duration of the disruption plus a reasonable processing time or to withdraw from the contract in whole or in part due to the part not yet fulfilled.
Claims for damages are excluded in such cases. Any payments already made by the customer must be reimbursed by SHOWROOM39 GmbH.
If SHOWROOM39 GmbH is unable to execute the order or delivery due to force majeure, the customer/purchaser is entitled to withdraw from the contract after setting a reasonable grace period.
ADULT AGE & PROOF OF AGE
The sale of spirits (in this case, in particular the Bohemian Drinks cocktails) to persons under the age of 18 is prohibited by law under the Youth Protection Act. Therefore, by entering into a contract with SHOWROOM39 GmbH, the consumer expressly declares that he or she is at least 18 years old.
By placing an order at www.shop@artandrinks.ch, the customer acknowledges these terms and conditions and confirms that they are authorized to purchase. www.artanddrinks.ch disclaims any liability for violations.
The Spirit Company will verify your age upon pickup or delivery. If the goods are delivered by mail, we reserve the right to verify your age before handing over the goods. If proof of age cannot be provided, the goods will not be delivered.
The purchaser/customer or his legal representative must compensate SHOWROOM39 GmbH for any damages.
PAYMENT
The following payment methods are available:
CASH ON PICKUP
When picking up the goods in 8700 Küsnacht, the customer/orderer can pay in cash against receipt. We only accept Swiss francs.
PREPAYMENT
If you choose to pay in advance, the customer/orderer will receive SHOWROOM39 GmbH's bank details in the order confirmation. The goods will be shipped after receipt of payment.
CREDIT CARD
The customer's/orderer's credit card will be charged upon completion of the order. If the credit card payment method is selected, there are no fees for the customer/orderer.
VALIDITY OF PRICES
The prices listed on the website are valid at the time of the order. SHOWROOM39 GmbH expressly reserves the right to change prices. Contracts already concluded are exempt from this reservation of price adjustment or change. The statutory VAT rate applicable at the time the contract is concluded is included in the price.
RESERVATION OF TITLE
The delivered goods remain the property of SHOWROOM39 GmbH until full payment has been made.
The following additional provisions apply to entrepreneurs: SHOWROOM39 GmbH retains title to the goods until all claims arising from an ongoing business relationship have been settled in full. The customer/purchaser may resell the reserved goods in the ordinary course of business. The purchaser/customer assigns all claims arising from this resale – regardless of whether the reserved goods are combined or mixed with a new item – to SHOWROOM39 GmbH in advance, in the amount of the invoice amount. SHOWROOM39 GmbH accepts this assignment. The customer/purchaser remains authorized to collect the claims. SHOWROOM39 GmbH is also entitled to collect claims itself if the customer/purchaser fails to meet its payment obligations.
TRANSPORT DAMAGES & COMPLAINTS
The following applies to consumers: If the customer/orderer receives goods with obvious transport damage, he/she is asked to immediately report such defects to the deliverer and to contact SHOWROOM39 GmbH.
Failure to file a complaint or contact us has no consequences for statutory claims and their enforcement, especially warranty rights. However, the customer/orderer assists SHOWROOM39 GmbH in asserting its own quality claims against the freight carrier or transport insurance.
For entrepreneurs: The risk of accidental loss and accidental deterioration of the goods shall pass to the customer/purchaser as soon as the goods have been handed over to the freight forwarder, carrier or other person designated to carry out the shipment.
If the customer/purchaser fails to provide the notification stipulated therein, the goods shall be deemed approved, unless the defect was not detectable upon inspection. This shall not apply in the case of fraudulent concealment of a defect.
WARRANTY AND GUARANTEES
The following applies to consumers: If delivered items exhibit obvious material or manufacturing defects, including transport damage, the customer/orderer is requested to report such defects immediately to the delivery company. Failure to do so will not affect your statutory rights.
The following applies to entrepreneurs: The purchaser's claims for defects presuppose that the purchaser has properly fulfilled their obligations to inspect and notify defects. If the purchased item is defective, the purchaser is entitled, at their discretion, to subsequent performance in the form of remedying the defect or to the delivery of a new, defect-free item. In the event of remedying the defect, SHOWROOM39 GmbH is obligated to bear all expenses necessary for the purpose of remedying the defect, in particular transport, travel, labor, and material costs, provided that these do not increase as a result of the purchased item being transported to a location other than the place of performance. If subsequent performance fails, the purchaser is entitled, at their discretion, to withdraw from the contract or demand a reduction in price. The limitation period for claims for defects is 12 months, calculated from the transfer of risk. The limitation period in the event of delivery recourse remains unaffected; it is five years, calculated from the delivery of the defective item.
LIABILITY
Claims for damages by the customer/purchaser, regardless of the legal basis, as well as claims for reimbursement of wasted expenses are excluded unless the cause of the damage is based on gross negligence or intentional breach of duty.
Excluded from this are claims for damages by the customer/purchaser resulting from injury to life, body, health or from the breach of essential contractual obligations.
This does not apply to mandatory liability, e.g., under the Product Liability Act, in cases of intent or gross negligence, in the absence of a guaranteed quality, due to injury to life, limb, or health, or due to the breach of essential contractual obligations. However, the claim for damages for the breach of essential contractual obligations is limited to the foreseeable damage typical for the contract, unless there is intent or gross negligence or liability is due to injury to life, limb, or health. The above provisions do not involve a change in the burden of proof to the detriment of the customer.