Prices
Prices are net, do not include VAT and duty, are ex cellar in Melano
(Switzerland), free on board (fob), in Swiss francs per unit.
Any onward delivery charges, duty and VAT will be charged as appropriate upon
shipment (see below article 5).
Any value in currencies other than Swiss francs on the website is for information purposes only and do not
represent any offer by Arvi SA or any binding conversion rate.
All wines are offered subject to market movement and remaining unsold.
Payment
All prices are net prices and payment is due on receipt of invoice and alwyas before collection/shipment, late and overdue payments are subject to a 1 % interest fee per month, the interest charges will accrue from 15 days from date of invoice, any deductions made will be debited. Arvi SA will exclusively accept payments by bank transfer in Swiss francs. No credit card and no cheques will be accepted.
In the event of non-payment or partial payment of an account within the specified terms, we reserve the right to cancel and charge a cancellation fee of 35% of the outstanding amount.
Property
Arvi SA will remain proprietor of the goods until full payment. No collection
and no delivery of the goods will be allowed until full payment of the sums due
in respect of any order placed with Arvi SA by the buyer.
Quality, defectiveness and notification of defects
Arvi SA undertakes the proper safekeeping and storage of wines in its
possession, but is not responsible or liable for the state and condition of
wines or whether the wine corresponds to the quality which might be expected
from its description.
According to the usages in wine branch as well as to the provisions of the
Association of Swiss Wine Commerce, defective bottles will exclusively be
replaced if it is Swiss wine or foreign wine bottled in Switzerland and within a
year since the purchase of the good. Foreign wines bottled in the production
country or elsewhere will not be replaced nor credited.
The notification of defects has to be made no later than 8 days after the
collection or the receipt of the goods, but at latest within one year after the
purchase.
Collection and Delivery
The collection of the goods has to be arranged by the buyer within 60 days since
the date of the invoice. After this term the wines will be stored in Arvi SA’s
cellar “The Bank of Wine” at the buyer’s
expenses, according to Arvi SA’s terms and conditions of storage. A copy of such
terms and conditions will be available at the buyer’s request.
The buyer can charge Arvi SA with the shipment of the goods. Arvi SA might
accept or refuse the assignment. The acceptance of the assignment shall occur in
writing. Arvi SA is entitled to charge a third party with the shipment of the
goods. The goods are shipped at the buyer’s own risk and expenses.
Purchase orders
Orders shall occur in writing. Oral orders will be accepted exclusively upon
written confirmation. Any delay of payment as well as any increase of costs for
taxes, duties or shipment will allow Arvi SA to: (i) cancel the purchase orders
or (ii) to adjust the prices. No reminder and no notice to pay shall occur.
For the purposes of the present general Terms & Conditions, are deemed to be
occurred in writing all orders transmitted to Arvi SA in original by post,
courier or by hand. Communications made by fax, e-mail or ay other electronic
means which enables signature recognition shall be considered valid, at the
buyer’s own risk and peril.
Age restrictions
By placing an order with Arvi SA, the buyer confirms that it meets the minimum
legal age for purchasing alcohol in the country where the buyer lives.
If Arvi SA discovers that the buyer is not legally entitled to purchase alcohol,
Arvi SA shall be entitled to cancel the order immediately and without notice.
Liability
Arvi SA is not liable for any defect of the goods, except the replacement right
according to article 4 of the present Terms and Conditions.
Arvi SA’s liability for any other failure to perform its obligations is limited
to damages caused by gross negligence or intention.
Governing law
All contracts are governed by the Swiss material law, with the exclusion of the
rules of the international private law.
Jurisdiction
Any disputes arising from or in connection with these contracts shall be
exclusively judged by the competent court of Lugano. Alternatively Arvi SA has
the right to assert its rights also before the courts of the competent
jurisdiction of the buyer. The buyer declares to elect Melano (Ticino,
Switzerland) as special domicile according to article 50 par. 2 of the Swiss
Federal Law on debts collection and bankruptcy (Swiss Federal Law on Bankruptcy,
RS 281.1).
En Primeur /
Future Bordeaux Vintage 2008 – estimated time of delivery: spring / summer 2011.
En Primeur /
Future Bordeaux Vintage 2009 – estimated time of delivery: spring / summer 2012.
En Primeur / Future
Yquem Vintage 2009 – estimated time of delivery: spring /summer 2013.