Our general terms and conditions of sale traditions and know how

Our general terms and conditions of sale

Article 1: General

The present general conditions of sale apply between thecompany My Swiss Moment SA whose head office is located in 1773 Russy,registered in the commercial register of Fribourg since 2019, and anyindividual making a purchase via the website WWW.MY-SWISS-MOMENT.CH,hereinafter referred to as "the customer".

The customer acknowledges having read the terms andconditions of sale and purchase when placing an order via the websiteWWW.MY-SWISS-MOMENT.CH and accepts them in their entirety and without anyrestriction. Consequently, the customer who wishes to order online,acknowledges being fully informed of the fact that his approval of the contentof these general conditions does not require the handwritten signature of thisdocument.

Any customer furthermore declares to have full legalcapacity to commit under these terms and conditions, i.e. to be of legal ageand not to be under guardianship or curatorship. The customer acknowledges thatthe resale (on a commercial basis) of items purchased on the siteWWW.MY-SWISS-MOMENT.CH is prohibited.

My Swiss Moment SA undertakes to communicate to thecustomer, as far as possible, all the following information:

- Presentation of the main characteristics of the articlesoffered.

- Indication of the methods of payment and execution of theorder as well as the delivery costs.

All sales made on this site are made exclusively inaccordance with these General Terms and Conditions of Sale. The present generalconditions of sale will prevail over any other general or particular conditionsnot expressly approved by My Swiss Moment SA.

 

Article 2 : Entirety

These general conditions include all the rights andobligations of the parties. No general or specific condition, appearing in thedocuments sent or handed over by the client, may supplement or replace in wholeor in part the present terms and conditions. My Swiss Moment SA reserves theright to modify or adapt at any time and without notice the present generalconditions, with immediate application of the new ones. However, in case ofmodification, the general terms and conditions of sale in force on the siteWWW.MY-SWISS-MOMENT.CH at the date of placing the order by the Internet userwill be applied.

If a condition should be lacking, it would be considered tobe governed by the practices in force in the distance selling sector whosecompanies have their headquarters in Switzerland. In the event that one of theclauses of this contract is null and void due to a change in legislation,regulations or a court decision, this shall not affect the validity andcompliance with these general terms and conditions of sale.

 

Article 3: Product characteristics

The products available for sale are described and reproducedby My Swiss Moment SA on the site as accurately as possible. However, thephotographs cannot always ensure a perfect similarity with the product offeredfor sale, especially with regard to labels & vintages. These differencescannot be interpreted as a lack of conformity and lead to the cancellation ofthe sale. In case of manifest error or insignificant omission between thecharacteristics of the product and its representation and / or description, MySwiss Moment SA can not be held liable.

The possible objects presented on the commercial illustrations are notdelivered with the articles. My Swiss Moment SA certifies that it has acquiredall the necessary rights to legally sell the goods offered on the websiteWWW.MY-SWISS-MOMENT.CH
 

Article 4: Availability of products

The offers/products presented by My Swiss Moment SA arevalid only within the limits of available stocks. In case of unavailability ofthe ordered product, in particular due to suppliers of My Swiss Moment SA, thecustomer will be informed as soon as possible by phone or e-mail and will havethe possibility to cancel the order. The customer will then have the choice torequest either the reimbursement of the sums paid within 15 days at the latestfrom the date of payment, or the replacement of the product by a similar one,any difference in price being then either paid by the customer or reimbursed byMy Swiss Moment SA. The preparation and delivery costs will be refunded to thecustomer if the customer confirms the cancellation of the totality of hisorder. No compensation or interest can be claimed by the customer for any itemthat is no longer available, due to a stock shortage, or the exhaustion of thelatter.


 

Article 5: Price

The prices of the products offered for sale onWWW.MY-SWISS-MOMENT.CH are indicated in Swiss Francs (CHF). Prices include VATat the current rate. Any change in the rate may be passed on to the price ofproducts and articles, without the Internet user being informed beforehand.

Except for special conditions indicated on the site, pricesdo not take into account delivery costs (shipping and packaging), charged inaddition according to the value of the order, its weight and the delivery zone.My Swiss Moment SA reserves the right to modify the prices at any time andwithout prior information but commits itself to apply the prices in force atthe time of the order registration. The price is payable in full and in one installment.

 

Article 6: Order/ Conclusion of the contract

The Internet user declares to have read and irrevocablyaccepted the present general terms and conditions of sale before placing hisorder. The prices, the description of the available products and the generalconditions of sale apply at the time of the order.

All stages of the ordering procedure are clearly identifiedand the customer has the possibility to check the details of his order, itstotal price, and to correct any errors before definitively validating hisorder. The order is only definitively registered after validation by thecustomer of his payment agreement and acceptance by the bank of thetransaction. The contract comes into force when the customer has placed hisfinal order by activating the order confirmation button. From that moment, themodification or cancellation of the order by the customer is no longerpossible: the customer's "click" on the order form constitutes anelectronic signature which has, between the parties, the same value as ahandwritten signature.

After registration of his order, the customer receives aconfirmation e-mail containing the elements of his order.

 

Article 7: Payment

To pay for his order, the customer has, at his choice, allthe payment methods proposed on the online order form, i.e. :

By credit card:

All credit card payments are processed through a secureserver. When finalizing the ordering process, the customer is invited to enterhis credit card number, the expiry date of his credit card as well as the last3 digits of the visual cryptogram on the back of the card. The amount isdebited immediately upon confirmation of the order. In the event of a stockouton certain items of the order or the return of goods giving rise to a refund,the amount of the items concerned is credited to the customer's credit card assoon as possible.

The following cards are accepted: Postfinance, Visa,MasterCard.

Bankdetails :

Beneficiary:MY SWISS MOMENT SA

Address: Route de Léchelles 24, 1773 Russy

IBAN: CH04 0630 0504 7077 0509 9

SWIFT / BICcode: VABECH22XXX Clearing: 6300

Thecustomer guarantees to My Swiss Moment SA that he has the necessaryauthorizations to use the payment method chosen by himself, during thevalidation of the order form.

My Swiss Moment SA reserves the right to suspend all orderprocessing and delivery in case of refusal of authorization of payment bycredit card by the officially accredited organizations. My Swiss Moment SA alsoreserves the right to refuse to make a delivery or to honor an order from a customerwith whom a dispute is in progress.

 

Article 8: Payment security

My Swiss Moment SA has no knowledge of the customer's cardnumber and does not store it in any way.

 

Article 9 : Delivery

Delivery costs are invoiced separately.

Delivery time

On the WWW.MY-SWISS-MOMENT.CH website, we process yourorders as soon as we receive your payment and you will receive your packageswithin an average of 5 working days unless clearly indicated on our offer.

The mode of delivery proposed to the customer is homedelivery:

The order is delivered by Post/carrier to the deliveryaddress given by the customer, within an average period of 5 working days fromthe day after the customer has paid his order.

For health reasons, products returned to My Swiss Moment SAafter the failure of the delivery by the delivery services cannot be sent tothe customer again. In this case, the customer will have to place a new payingorder.

 

Article 10: Property and risks

The products are the property of My Swiss Moment SA untilfull payment of their price by the customer, whatever the date of delivery ofthe said products, after which they become the property of the customer. On theother hand, the transfer of the risks of loss and deterioration of the productswill take place upon delivery and reception of the products by the customer.

 

Article 11: Delivery problems due to the carrier

Any anomaly concerning the delivery (such as damagedarticle, missing article compared to the delivery order, damaged package) mustbe imperatively and immediately reported upon delivery, otherwise the packagewill be deemed to be in perfect condition. The merchandise reported asdefective will be returned by the customer, in its original packaging,according to the methods and at the address indicated in article 12 below. Itwill be replaced by My Swiss Moment SA, on presentation of an official reportof the Post Office or the carrier. My Swiss Moment SA cannot be held to pay anycompensation to the customer because of this hitch, nor to reimburse the customerfor the shipping costs.


 

Article 12: Returns, exchanges, refunds

Deadline

As from the reception of his order, the customer has a 5-dayperiod to make any complaint due to delivery error and/or non-conformity of thearticles compared to the indications on the order form. Any exchange or returnmust be the subject of a request for exchange or return from the "myaccount" section of the site WWW.MY-SWISS-MOMENT.CH (in the history oforders by selecting the order concerned or by email to the address: info@MY-SWISS-MOMENT.CH).The customer must only return items after prior agreement from My Swiss MomentSA to the following address:

MY SWISS MOMENT SA

Route de Léchelles 24

CH - 1773 Russy

Return conditions and stoppers

My Swiss Moment SA covers "cork tastes". In thiscase, the bottles must be returned 3/4 full, strictly with the original cork,with proof of purchase, within three days of opening. If the product concernedis out of stock, My Swiss Moment SA will exchange it, after verification and tasting,with a product of similar value. In no case can the defective wine acquired bythe client be the object of a payment of the equivalent value.

The recipient undertakes to check the goods upon receipt tosee if they are complete and in good condition. Any complaints regardingquality and completeness must be communicated to info@MY-SWISS-MOMENT.CHimmediately, and at the latest within 24 hours of delivery, otherwise thedelivery will be considered accepted.

Shipping costs

Shipping costs for the return of goods are at the customer'sexpense. Any risk related to the return of the product is the responsibility ofthe customer. Any return and any claim beyond the 15 days period that would notbe made according to the prescribed rules will not give right to the exchangeof goods, My Swiss Moment SA being released from any responsibility towards thecustomer.

 

Article 13 : Complaints

For any information or claim concerning the products offeredfor sale on WWW.MY-SWISS-MOMENT.CH, or on the present general conditions ofsale, the customer must send a written letter to :

MY SWISS MOMENT SA

Route de Léchelles 24

CH - 1773 Russy


 

Article 14: Cases of force majeure

Neither of the two parties will have failed in itscontractual obligations, insofar as their execution will be delayed, hinderedor prevented by a fortuitous event or a case of force majeure.

Will be considered as a fortuitous event or force majeureany fact or irresistible circumstance, external to the parties, unforeseeable,unavoidable, independent of the will of the parties and which cannot beprevented by the latter, despite all reasonably possible efforts.

The party affected by such circumstances will notify theother within 2 working days following the date on which it becomes aware ofthem. Both parties will then, within 7 days, unless impossible due to forcemajeure, examine the impact of the event and agree on the conditions underwhich the execution of the contract will be continued.

In an express way, are considered as cases of force majeure or fortuitousevents, in addition to those usually retained by the jurisprudence, the totalor partial blocking of the means of transport / supplies and / ortelecommunication networks, earthquakes, fires, storms, floods, lightning
 

Article 15: Liability

The company My Swiss Moment SA has, for all stages of accessto the site, the ordering process, delivery or subsequent services, only anobligation of means. My Swiss Moment SA cannot be held responsible for anyinconvenience or damage inherent to the use of the internet network, inparticular a break in the service, an external intrusion or the presence ofcomputer viruses, or in fact qualified as force majeure, in accordance withjurisprudence.

My Swiss Moment SA disclaims liability for any breach of itscontractual obligations in the event of a force majeure or fortuitous event,including, without this list being exhaustive, strike, fire, disaster,breakdown and generally any event that does not allow the proper execution oforders.

The offers presented on WWW.MY-SWISS-MOMENT.CH are validonly within the limits of available stocks. The responsibility of My SwissMoment SA can in no way be engaged and, consequently, no compensation can beclaimed by the customer for any item that is no longer available, due to a stockshortage or exhaustion of the latter.

We do not accept any liability for any damage not directlyrelated to the delivered item, in particular in the case of indirect damage,loss of profit or other pecuniary loss suffered by the customer. In addition,claims for damages due to delay in delivery are excluded.

The law prohibits the sale of spirits and wine to personsunder 18 years of age. In order to comply with the legal requirements, inparticular in this Webshop, the customer certifies by accepting these terms andconditions to be of legal age to order.

My Swiss Moment SA is in no way responsible for the contentof the sites to which hyperlinks can refer from its own site.

 

Article 16: Conservation and archiving of transactions

The company My Swiss Moment SA archives purchase orders andinvoices on a reliable and durable support corresponding to a faithful copythat can be produced as proof. The computerized registers of the company MySwiss Moment SA, kept in the computer systems of My Swiss Moment SA inreasonable conditions of security, will be considered by the company My SwissMoment SA and the customer as proof of communications, orders and paymentsbetween the parties.

 

Article 17: Personal data

Your data is protected according to the Privacy Policy ofthe company My Swiss Moment SA described below.

Data protection

The security and confidentiality of your personal data is apriority for us. To do so, we have implemented protection measures and usetechnological security means on our site. When you transmit your personalinformation on our e-shop WWW.MY-SWISS-MOMENT.CH, you agree to the collectionand processing of your personal data in accordance with this privacy policy.

Processing and use of your personal data

This personal information is useful for the development ofthe relationship with customers (sales and marketing management). The use ofyour data for other purposes will only be possible with your prior consent.

From your account, you can update any personal informationabout yourself. If you have created an account and wish to close/delete it,please send us a request by e-mail to the following address "info@MY-SWISS-MOMENT.CH " or by post to this address:

MY SWISS MOMENT SA

Route de Léchelles 24

CH - 1773 Russy

Transfer of your personal data to a third party

We treat your data confidentially and do not pass it on tothird parties. However, in order to process your order, we work with serviceproviders to whom we pass on the information necessary to process your order:thus, the shipping department and payment providers receive some of yourpersonal information. They are obliged to use your data exclusively in theservice of their function and undertake never to communicate, divulge orcirculate your data.

Unless legally obliged to do so, your data will not bepassed on to any other third parties under any other circumstances.

Security and encryption of your personal data

To protect your data, we use technological means that meetsecurity standards: the confidentiality of your personal and bank data isensured by an SSL transmission process that encrypts your data during transferbefore it is processed and stored in a secure environment at our serviceprovider.

Persons having access to your personal data will respectthis privacy policy and undertake not to communicate, disclose or circulateyour personal data.

Right to access and correct data

In accordance with the Federal Data Protection Act RS 235.1of 19 June 1992, you have the right to access, rectify and delete personal dataconcerning you.

To exercise this right, you can send us a request by mail tothe following address:

MY SWISS MOMENT SA

Route de Léchelles 24

CH - 1773 Russy

Use of Cookies

Our site uses cookies. These are text files stored on yourcomputer's hard drive. These cookies do not contain any personal information,but they do allow us to identify you when you visit again in order to offer youa personalised service.

You can deactivate the use of cookies by selecting theappropriate settings on your browser. However, such deactivation could preventthe use of certain functionalities of this site.

This website also uses Google Analytics, a web analysisservice provided by Google Inc. ("Google"). Google Analytics also uses cookies in order toanalyse how users use the website. Google will use the informationcontained in the cookie to evaluate your use of the website and your connectionhabits, to compile reports on website activity on our behalf and to provideother services relating to website activity and Internet use. This data iscompletely anonymous. It will be used to improve the content of our site andour services.

External hyperlinks

WWW.MY-SWISS-MOMENT.CH cannot be held responsible forexternal hyperlinks within the framework of the present site and the contentsof the sites to which they point.

Our site may, without its knowledge, have been linked to other sites bymeans of hypertext links: we decline all responsibility for the informationpresented on these other sites

 

Article 18: Applicable law

The present general terms and conditions of online sales aresubject to Swiss law only. In particular, for anything not expressly providedfor herein, the rules of the Code of Obligations are applicable.

All disputes that could not be settled amicably will bebrought before the competent courts of the jurisdiction of the registeredoffice of the company My Swiss Moment SA.

Article 19: Intellectual property

All elements of the WWW.MY-SWISS-MOMENT.CH website, whethervisual or audio, including the underlying technology, are protected bycopyright and trademark law. They are the exclusive property of the company MySwiss Moment SA. In accordance with the provisions of the code of intellectualproperty, the reproduction, exploitation, distribution, modification or use forany purpose whatsoever even partially of the elements of the site isprohibited.


 

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Updated on 16 June 2019


 
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