GTC

GENERAL TERMS AND CONDITIONS OF PAYMENT AND DELIVERY (CONDITIONS)
OF LUCULLUS SA, STANS

These terms and conditions of payment and delivery are an integral part of the purchase contract between Lucullus SA and the customer. By ordering goods, the buyer confirms that he has read these terms and conditions and accepts them as a valid part of the contract. Please note that any order is only deemed to have been definitively confirmed once the original invoice has been sent by e-mail/post/fax.

PRICES

The prices stated in the sales lists are net prices in Swiss francs per unit, excluding VAT of 8.1%.

The applicable tax rate is not determined by the date of invoicing or payment, but by the date delivery. Lucullus SA therefore reserves the right to charge the difference retrospectively in the event of an increase in the VAT rate between the order and delivery (e.g. subscriptions/primeur wines, etc.). Of course, if the VAT rate is reduced, the difference will also be refunded to the customer.

We reserve the right to change prices and vintages at any time. Any liability in connection with any of our offers is excluded to the extent permitted by law (in particular incorrect descriptions and prices).

- Transport costs shall be borne by the buyer. 

 - Wines are sold in units of 6 bottles. The sale of single bottles is only possible in opened cases/cartons (divisible by 6) - please contact us for queries. 

 - Conversion into other currencies is not binding and is only an indicator of a rate. 

 - For orders under CHF 500.00 we charge an administrative surcharge of CHF 25.

PAYMENT OF THE PURCHASE PRICE

The purchase price for the ordered goods must be paid by the customer before delivery, strictly net, within 15 days of receipt of the invoice. Any deductions such as bank charges will be charged subsequently. Credit cards or cheques are not accepted.

The ordered goods will not be delivered to the customer until the purchase price has been paid in full. If the customer's previous invoices are still outstanding and/or have not been paid in full, the seller may refuse to deliver the goods until all outstanding payments have been made in full, despite payment of the purchase price. By ordering the goods, the buyer also recognises the payment of the purchase price in advance, namely in the sense of an advance purchase price payment, so that the seller is entitled to collect the purchase price claim against the customer after expiry of the payment period by means of debt collection or by legal action before delivery of the goods. In the event of late payment, default interest of 1 per cent per month from the due date shall be owed on the outstanding invoice amount. The ordered goods remain the full property of Lucullus SA until full payment has been made.

If the purchaser wishes to withdraw from the order or the purchase contract, this is only possible with the consent of Lucullus SA, in which case compensation of 25 per cent of the invoice amount of the ordered goods is payable and due to Lucullus SA as a contractual penalty. The contract shall then only be deemed terminated and cancelled once the contractual penalty of 25 percent of the total invoice amount has been paid within the set period. In individual cases and only in consultation with Lucullus SA, a contractual penalty may be waived.

DELIVERY/MISSED DELIVERY

If a delivery cannot be made, the carrier or the post office will leave a notification or collection card. The order can then be collected from the nearest post office or a new delivery can be arranged at a suitable time.

If the delivery is not collected within the specified period or if a second delivery cannot be made, the consignment will be returned to Lucullus SA at the buyer's expense. Any new shipment will be subject to a charge.

STORAGE COSTS IN THE EVENT OF NON-COLLECTION

Lucullus SA will store the wines for self-collection until they are collected by the customer.

Storage is free of charge for up to 90 days from the invoice date. In the case of primeur wines and wines not available for delivery at the time of invoicing, this period is 90 days from the date of readiness for delivery. After expiry of the aforementioned period, storage costs are automatically due. These costs amount to CHF 2.- per 75 cl bottle and year (this corresponds, for example, to CHF 12.- per year for a 6-bottle case, 12 half bottles or 3 magnum bottles). The pallet price (holding approx. 420 bottles, depending on the bottle size) costs a flat rate of CHF 720.-/year. All prices are exclusive of Swiss VAT.

In order to minimise administrative costs, we do not issue invoices in advance. These costs are therefore owed without prior information or invoicing by Lucullus SA and must be paid before collection by bank transfer or in cash when the wines are collected.

During this period, the wines are stored under the best climatic conditions and at a constant temperature. They are protected against fire, water and theft. In circumstances of force majeure, which are excluded from the insurance, the customer is not entitled to compensation.

These conditions are automatically recognised and accepted by the customer when placing an order and accepting the General Terms and Conditions of Lucullus SA.

EXEMPTION FROM THE OBLIGATION TO DELIVER

In the event of an increase in customs duties and other fiscal charges and in the event of non-compliance with the aforementioned terms of payment, in particular in the event of cancellation of the contract and failure to pay the contractual penalty on time, Lucullus SA shall in any case be released from any obligation to deliver.

PROTECTION OF MINORS

By placing an order, the buyer confirms that he/she is of legal age. We do not sell wine to persons under the age of 16 or spirits to persons under the age of 18.

COMPLAINTS

Complaints must be made in writing within 8 days of receipt of the goods. Except in the case of dispatch or transport of the goods on behalf of Lucullus SA, the goods are despatched at the expense and risk of the buyer. In the event of loss, damage or breakage, the buyer must in all cases have the responsible transport company immediately record the facts, without which no compensation will be paid. Lucullus SA accepts no liability for damage or omissions caused by third parties.

RETURN OF FAULTY WINES (E.G. CORKED WINES)

We calculate our prices without any risk surcharge and therefore do not replace faulty wines. Returns without prior notification and without our consent will not be accepted. We ask for your understanding on this matter.

JURISDICTION

Any disputes arising from the purchase contract or all underlying individual contracts concluded between Lucullus SA and the customer as well as all underlying individual contracts are subject to Swiss law to the exclusion of its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. The place of jurisdiction for all disputes arising from this contract is the court responsible for the registered office of Lucullus SA; Swiss law is exclusively applicable.

Lucullus SA, Stans