General Terms and Conditions (GTCs) for Balkia, Behrend, Behrend, Bouattit & Douw SNC
The Balkia 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 Behrend, Bouattit & Douw SNC (Switzerland), hereinafter called “B,B&D”. All questions or complaints in conjunction with these General Terms and Conditions may be submitted in writing (firstname.lastname@example.org) to our Consumer Service Bureau by email.
Utilisation of the Balkia Online Shop is exclusively limited to natural persons or legal entities with legal capacity who wish to order the B,B&D articles for their own use or as a gift for a third party. The data required for the order, such as surname, forename, address, email 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.
- 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 Behrend, Bouattit & Douw SNC in respect of the products listed in your shopping basket. The contractual confirmation shall be sent to you by email 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 B,B&D 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 B,B&D shall submit a counteroffer to you which you shall be free to accept or reject.
- 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:
Behrend, Bouattit & Douw SNC
Balkia Online Shop
Chemin du Miroir 78
1090 La Croix (Lutry)
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 (example: order of more than 6 bottles).
If a delivered item was already damaged when it reached you, or if it does not correspond to the ordered goods, then B,B&D undertakes to reimburse the purchase price paid by you as well as the cost of postage and packaging.
- Delivery conditions
Orders may be delivered exclusively to customers in Switzerland. Depending upon the selected method of forwarding, the delivery times are between 1-5 work 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 B,B&D shall reserve the right to withdraw from the purchase contract or to extend the delivery period in respect of this product. B,B&D 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 B,B&D, then you may withdraw from the Agreement. In this event B,B&D shall reimburse any possible payments which have already been made.
- Means of payment and terms and conditions of payment
6.1. Mean of payment
All payment option available via Paypal. Additional fees that could come up by paying with one of the payment options available on Paypal are at the charge of the costumer.
6.2. 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.
6.3. 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 14.9% 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 B,B&D 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
6.4. Data utilisation and data protection
As a customer of the Online Shop of Balkia and Behrend, Bouattit & Douw, you agree that the data associated with the payment made available to the Online Shop of Balkia and Behrend, Bouattit & Douw, including personal data, purchase data, invoice, payment and collection data may be used by Behrend, Bouattit & Douw for its own purposes; in particular, B,B&D is entitled to enter this data in its own creditworthiness databases, and may use this for further purposes of B,B&D.
B,B&D guarantees flawless product quality. If you are not completely satisfied with your order, please contact our Consumer Service Bureau by email (email@example.com).
B,B&D shall be liable only for damages which are attributable to wilful intent or gross negligence. B,B&D accepts no liability for the uninterrupted availability of the website or for technical errors in the Online Shop.
- Amendment of the General Terms and Conditions, choice of law and place of jurisdiction
B,B&D 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 Balkia Online Shop (of Behrend, Bouattit & Douw SNC) as well as these General Terms and Conditions are governed by Swiss law. The place of performance and the place of jurisdiction is Lausanne (VD), 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.
In case of discrepancy, the French version shall prevail.
Last modifications: Behrend, Bouattit & Douw SNC 2018