General Terms and Conditions (GTCs)

1. General

The DIWISA Online Shop offers goods and services. All sales, deliveries and other performances shall be performed exclusively in accordance with these General Terms and Conditions of DIWISA SA Willisau (Switzerland), hereinafter called “DIWISA”. All questions or complaints in conjunction with these General Terms and Conditions may be submitted in writing (shop@diwisa.ch) to our Consumer Service Bureau by e-mail.

2. Utilisation

Utilisation of the DIWISA Online Shop is exclusively limited to natural persons or legal entities with legal capacity who wish to order the DIWISA articles for their own use or as a gift for a third party. The data required for the order, such as surname, forename, address, e-mail address etc. must be provided comprehensively and truthfully. You have to be older than 18 years to order alcoholic beverage. If an order encompasses alcoholic beverages, then the customer shall confirm by sending this order that he or she has reached the minimum age required by law to make the purchase. The customer undertakes to ensure that only he or she will take receipt of the goods himself or herself, or a person who has reached the age of majority and who has been correspondingly authorised by himself or herself.

3. Offer and contractual conclusion

By clicking on the button “Buy now” and accepting the General Terms and Conditions of Business GTC you conclude a purchase agreement with the company Diwisa Distillerie AG Willisau in respect of the products listed in your shopping basket. The contractual confirmation shall be sent to you by e-mail without delay once the order has been placed. The prices on the day of the order shall be applicable, and these shall be confirmed in the online order confirmation. Swiss value added tax shall be shown separately. Employees of DIWISA are not authorised to agree different oral conditions or to issue undertakings which extend beyond the content of the written agreement or these General Terms and Conditions. In the event of the online details pertaining to an article in the product range having been incorrect, then DIWISA shall submit a counteroffer to you which you shall be free to accept or reject.

4. Right of revocation

We grant you a right of revocation on the products bought from us. Please send us your revocation in writing within 14 days following receipt of the goods. Adherence to the deadline criterion shall be ascertained by the date of the dispatch of the revocation. The revocation must be sent to:

Diwisa SA
Retouren Online Shop
Menznauerstrasse 23
6130 Willisau
shop@diwisa.ch

Exercise of the right of revocation shall cause the purchase agreement to be converted into a return contract, meaning that the performances received within the context of the purchase agreement must be reimbursed. In the event of a revocation, please return the goods to us with the original packaging without delay, enclosing a copy of the invoice. The cost of the return consignment shall be borne by you. We shall reimburse the purchase price to you without delay following receipt of the goods. We reserve the right to deduct compensation from the purchase price that is to be reimbursed in order to cover possible damage or excessive wear.

Please note that no right of revocation exists in the case of goods that were produced in accordance with customer specifications or are tailored to personal requirements.

If a delivered item was already damaged when it reached you, or if it does not correspond to the ordered goods, then DIWISA undertakes to reimburse the purchase price paid by you as well as the cost of postage and packaging.

5. Delivery conditions

Orders may be delivered exclusively to customers in Switzerland and Liechtenstein. Depending upon the selected method of forwarding, the delivery times are between 1-5 days. Please note that the delivery of packages generally takes longer in the run-up to public holidays (Valentine’s Day, Easter, Mother’s Day and above all Christmas). For this reason customers are advised to place their orders in good time. If a product is not available or is available only at a later date due to force majeure or the failure of our suppliers to make deliveries to us, then DIWISA shall reserve the right to withdraw from the purchase contract or to extend the delivery period in respect of this product. DIWISA shall inform you without delay about the non-availability or the delayed delivery period. If you reject any possible counteroffer or are unwilling to accept a delayed delivery notified by DIWISA, then you may withdraw from the Agreement. In this event DIWISA shall reimburse any possible payments which have already been made.

6. Means of payment and terms and conditions of payment

Various payment options are available for purchases made through the Online Shop:

6.1.   Credit cards

Orders placed via the DIWISA Online Shop may be paid only using the following credit or debit cards: VISA and MasterCard. The purchase price is due at the time of the conclusion of the agreement net and without deductions. If you pay by credit card, we will send your order after we received the outstanding amount. Usually this happens the next day.

6.2.   Purchase on account

6.2.1.   General

Settlement of the entire invoice sum within 30 days of the invoice date.

The payment method “purchase on account” is intended exclusively for private persons of legal capacity who are resident/domiciled in Switzerland or Liechtenstein, whereby the invoice and delivery addresses must be identical. Invoicing and payment collection shall be settled by Accarda AG, Birkenstrasse 21, CH-8306 Brüttisellen (“Accarda”), which is also the sole contact partner for all questions concerning the invoice or instalment plan.

In the event of payment arrears, we shall charge you interest at the respective applicable annual interest rate on the respective outstanding invoice balance until full payment has been performed. Unless otherwise specified, the annual interest rate is 9.9%. All payments shall first be offset against the existing interest charge, and fees and the underlying claim shall be settled successively.

6.2.2.   Address and creditworthiness checks

IN CONJUNCTION WITH THE APPROVAL OF THE PAYMENT METHOD "PURCHASE ON ACCOUNT", THE ONLINE SHOP OF DIWISA DISTILLERIE WILLISAU SA AND ACCARDA AG CONDUCTS ADDRESS VERIFICATIONS AND CREDITWORTHINESS CHECKS. WE BASE THESE CHECKS IN PARTICULAR ON THE INFORMATION YOU HAVE PROVIDED, WHILE ALSO TAKING ACCOUNT OF INFORMATION SUPPLIED BY THIRD PARTIES. YOU AGREE THAT ACCARDA AG MAY FOR THIS PURPOSE REQUEST AND COLLECT THE ADDRESS AND CREDITWORTHINESS INFORMATION HELD BY CREDIT AGENCIES (E.G. ZEK, CRIF), AND MAY COMPARE THE ORDER ENQUIRY AND CUSTOMER DATA WITH SUCH COLLECTED INFORMATION AS WELL AS WITH THE EXISTING CREDITWORTHINESS DATABASES OF ACCARDA AG.

ACCARDA RESERVES THE RIGHT TO REJECT YOUR PURCHASE ON ACCOUNT/INSTALMENTS. ACCARDA IS NOT OBLIGED TO PROVIDE A REASON FOR ITS DECISION.

6.2.3.   Reservation of title

Ownership of the object of the purchase shall be retained by us (reservation of title) until all outstanding claims arising out of the purchase have been comprehensively settled. This reservation of title may also be recorded in the corresponding register.

6.2.4.   Terms and conditions of payment

For the payment method “purchase on account”, customers will be charged an invoice or processing fee in addition to the price of the goods, see list of fees.

CHF 2.90 will be charged to send an invoice by post.

The invoice forwarded if the payment method is “purchase on account” is payable without deductions within 30 days of the invoice date.

6.2.5.   Payment arrears

If you do not settle the payment by the respective due date, then you shall automatically be in arrears. A fee of CHF 20.00 shall be charged for each reminder, plus interest of 9.9% p.a. on the respective outstanding amount, and this must be settled by you in every case.
All further overheads and expenses of the Online Shop of Diwisa Distillerie Willisau SA or of Accarda AG associated with the collection of outstanding sums (incl. collection costs), in particular the CHF 10.00 fee for assigning the claim to a collection agency, shall be borne by the customer. See below the list of fees

6.2.6.   Data utilisation and data protection

Within the context of a claim assignment, Accarda AG shall assume the claim against the client from the Online Shop of Diwisa Distillerie Willisau SA. As a customer of the Online Shop of Diwisa Distillerie Willisau SA, you furthermore agree that the data associated with the payment method “payment on account” made available to the Online Shop of Diwisa Distillerie Willisau SA and Accarda AG, including personal data, purchase data, invoice, payment and collection data may be used by Accarda AG for its own purposes; in particular, Accarda AG is entitled to enter this data in its own creditworthiness databases, and may use this for further purposes of Accarda, including utilisation to conduct creditworthiness checks for the payment method “purchase on account”, “purchase by instalment” and credit cards for itself as well as for third parties (e.g. online shops). As a customer, you further acknowledge and authorise Accarda AG to disclose information regarding your payment status incl. delayed payment, credit rating and measures to the online shop/retailer at any time and permit the online shop/retailer to use this information for their own purposes.

6.2.7.   List of fees

Fee for sending invoice by post
  
CHF 2.90
Annual interest for partial payments and payment arrears

9.9% p.a.
Reminder fee

CHF 20.00 in each case
Dossier assignment fee for collection assignments

 CHF 10.00

7. Guarantee

DIWISA guarantees flawless product quality. If you are not completely satisfied with your order, please contact our Consumer Service Bureau by e-mail (shop@diwisa.ch).

8. Liability

DIWISA shall be liable only for damages which are attributable to wilful intent or gross negligence. DIWISA accepts no liability for the uninterrupted availability of the website or for technical errors in the Online Shop.

9. Amendment of the General Terms and Conditions, choice of law and place of jurisdiction

DIWISA reserves the right to amend these General Terms and Conditions at any time and without specifying grounds. Such amendments shall not apply to orders which have already been placed. All legal agreements which are established through utilisation of the DIWISA Online Shop as well as these General Terms and Conditions are governed by Swiss law. The place of performance and the place of jurisdiction is Lucerne (LU), Switzerland. If any of the provisions contained in these General Terms and Conditions are invalid, this shall not affect the validity of the remaining provisions.