TWS - General Sales Conditions

These terms are important and they apply to all the orders accepted by TopWines Switzerland (further with TWS). Also, they will continue to apply to all future transactions. A contract for sale incorporating these terms comes into existence when we expressly accept your order by confirmation. The contract is conditional upon wines not having been previously sold by us and we will notify you without delay should this occur. With his purchase order, the client acknowledges having accepted the below mentioned TWS condition terms, with no restrictions.

Offers, Prices & Condition Reports

TWS accepts offers upcoming by writing only (sales@topwines.ch) The sender must specify his identity & location. Inquiries by phone are not accepted. We do take care for complete, detailed and fast feedbacks.

1.1 - All TWS offers are valid subject for being unsold, confirmation, variability, unless mistakes or omissions.

1.2 - Unless otherwise specified, prices are in Swiss Francs per individual bottle or o other formats,, excluding VAT, shipping, packaging and taxes. Prices may be subject to variations and require confirmation.

1.3 - Condition reports & pictures will be provided for goods of 30 years and older and upon client's provisional order, not for current or recent vintage, considering goods being in pristine conditions. As standard quality procedure however, we always advise the client if, by dispatch of the goods, we acknowledge something to report on purchased items. This will be provided automatically for final acceptance by the client, even if not expressly requested.

1.4 - The client may obviously not confirm final if, after receiving condition report & picture, they actually do not fulfil his expectations. However, If condition report and pictures have been checked and approved, no complaints will be longer accepted.

1.5 - We will not open sealed cases for condition reports, even if it comes to older vintages.

Orders

2.1 - Purchase orders will be preceded by an offer from us, which may include a description of the condition of the bottles, packaging, etc.. This offer must always be confirmed by the client, incl. it’s sales conditions. The client must supplied full billing details for us to proceed with the order. At that step only the order be considered as definitive

2.2 - We’re a wholesales company, therefore please note that our MINIMUM ORDER VALUE IS CHF 1000.--, before VAT and any delivery charges and/or case quantities where applicable. Purchase orders on lower amounts are subject to TWS acceptance and if, anyways charged with CHF 50.—dispatch fees

2.3 - Unless for old vintages as well as rare bottles, case quantities might be required. This and/other conditions will be specified on offers, if required. If the case is sealed, this will sold in full only.

2.4 - TWS issues a invoice, with payment instructions enclosed. The invoice is proof of confirmation.

2.5 - Order cancellations are not accepted, with no exceptions.

Payments

3.1 - Payment is due upon the raising of the invoice, strictly within 10 days & prior delivery of the goods. Failure to pay within the above terms may cause the order to be cancelled with no advise.

3.2 - With overdue accounts, we reserve the right to charge interest at 1% per month on all outstanding amounts which exceed 10 days from invoice date.

3.3 - Goods are payable by bank transfer as indicated on the invoice itself. Credit cards are not accepted for mail orders.

3.4 - Payments must be transferred in full to us (no shared costs). No fees or any wire transfer deduction are accepted for incoming payments. Deductions will be re-invoiced.

3.5 - Title to all wines shall remain with TWS until all sums due from the buyer are paid in full.

Delivery & Shipments

4.1 - Wines are sold for from our warehouse. Collection / payment can take place only after actual payment receipt.

4.2 - Unless otherwise specified, goods will be delivered ex TWS warehouse within no more than 10 working days from payment receipt, excepting unforeseen events.

4.3 - TWS will advise shortly in advance of the expected time of availability and collector must give at least 48 hours prior notice of collection. Indications of delivery dates prior to that are estimates and not intended to be contractually binding. We may at your request and as your representative arrange transport but we accept no liability for any failure on the part of carriers, incl. damages occurred during transportation. Incoterms will remain ex-cellars, with no exceptions.

4.4 - If goods are not collected or delivered within three months we will be entitled to make a reasonable storage and administration charge currently, ea. month, ex VAT:
CHF 1.—ea. bottle

CHF 2.50 ea. case

CHF 25.—ea. palet



4.5 - Upon client’s request and TWS acceptance, shipment arrangement might be provided at clients cost, however our responsibilities remaining EXW. This will be all risk insured. Pls. check our shipping conditions for further details.
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Quality Control & Acceptance

5.1 - Whilst we make every effort to ensure the proper cellaring of wines in our possession, we cannot be responsible for the condition of wines or whether they show any attributes which might be expected. We are not direct importers, therefore do never guarantee defects of the wine due to imperfect bottling (cork) or abnormal aging that compromises the wine quality itself, regardless of the price.

5.2 - Goods are purchased by TWS from primary, selected and well known supplier. By arrival at cellar they are always inspected. Therefore we always will act in good faith. However if there's a complaint regarding the authenticity or counterfeit of the goods, these must be immediately reported providing clear evidence and obvious facts and in any case, to bottle still closed. Any claim arising from the opening or handling, shall not be considered.

5.3 - The company will not be liable for failure to meet agreed obligations due to prevailing circumstances beyond our reasonable control.

5.4 - It is receiver’s obligation to inspect goods immediately upon receipt and notify either ourselves or the forwarder immediately of any shortage or damage. In the absence of any notification within three days the shortage, damage or any other deficiency will be deemed to have occurred after delivery to the client.

5.5 - If a credit note will be issued, this has a 1 (one) year validity & can be applied with further purchases from our stocks, according to our current pricelist. No cash refunds are provided.

Juristiction

6.1 - All contracts are subject to Swiss law and jurisdiction. This list cancels all previous lists and may vary at any time with no advise.