These general terms and conditions of sale and delivery (“GTC“) apply to all current and future contracts concluded between Lafleur Wines Sàrl (“Lafleur“) and its contractual partner (“Client“) relating to the products sold by Lafleur, in particular on lafleurwines.com (“Products“). Lafleur’s GTC apply to the exclusion of the Client’s general terms and conditions.
The offers made by Lafleur are made conditionally, are not binding on Lafleur and are subject to change according to the available stock. They may also be removed by Lafleur at any time.
Any order placed by the Client is considered final. The sales contract is only concluded with Lafleur’s written order confirmation.
Any objection to the provisions of the order confirmation must be submitted in writing by the Client immediately after its receipt, failing which the order confirmation shall be deemed accepted without reservation.
All information contained in Lafleur’s communications regarding technical specifications, design and others, for example on lafleurwines.com, offers, price lists, etc. have been carefully prepared by Lafleur, but the Client is only entitled to rely on their accuracy in the event of an explicit written warranty from Lafleur.
All prices shown are subject to possible change until order confirmation. VAT is included in the prices shown, unlike transport costs and other surcharges (especially for packaging).
When the total price is not paid at the time of the order, it must be paid by the Client at the latest 10 days after receipt of the order confirmation.
The risks of the products pass to the Client as soon as the order is confirmed by Lafleur or, where applicable, when the products are returned by Lafleur to the transport company.
Ownership of the products is only transferred to the Client when all obligations arising from the contract have been fully performed by the Client.
Only the delivery dates and conditions contained in Lafleur’s order confirmation are binding. In all cases, Lafleur’s delivery obligation is conditional upon reception of the total purchase price.In general, Lafleur ensures delivery within 2 to 4 days after confirmation of the order. Delivery times are indicative and Lafleur can also deliver after the expiry of the indicated delivery times. Lalfeur is not responsible for damages caused by the delay. The Client may not refuse the delivery due to a delay. The place of performance is Lafleur’s registered office. Unless otherwise agreed, delivery is made by specialised companies (e.g. VinoLog) to the address indicated by the Client. The Client may, provided a specific prior agreement with Lafleur, collect the ordered products directly from the store without delivery charges. Lafleur may deliver by partial shipment, in which case the provisions relating to the prices of each individual shipment shall apply. Unless otherwise expressly agreed, Lafleur organizes transport at the Client’s expense. If the Client has special transport requests, he must inform Lafleur in the order and bear the additional resulting costs. The Client undertakes to take delivery of the products. Additional costs (packaging, transport, insurance, as well as customs taxes, exit, transit and entry duties, etc.) are entirely at the expense of the Client.
Unless otherwise agreed, in particular with premium clients, Lafleur only accepts payments by credit cards as shown on lafleurwines.com.
The Client is automatically in default without any interpellation from Lafleur when:
In the event of the Client’s default, Lafleur is entitled to charge default interest of 5% per annum on the amount of the invoice. In addition, the Client is required to bear or reimburse all execution costs.
Payments made by the Client are first used to reimburse unpaid execution costs, then to pay default interest and finally to pay the unpaid purchase price.
In the event of the Client’s default and until full payment of the amounts due, Lafleur may interrupt and withhold all deliveries to the Client. Lafleur sets a reasonable deadline for the Client to comply. The delivery date of Lafleur’s products, pursuant to the contract, will be postponed accordingly.
Where the Client unjustifiably refuses delivery, Articles 7.2 to 7.4 shall apply mutatis mutandis and Lafleur may also sell the products to a third party after having granted the Client an additional period of 10 days. The claim for the total purchase price (minus the sale price referred to in this article) and any claim for damages remain reserved.
It is the Client’s responsibility to check the condition of the products upon receipt, in accordance with standard commercial practices. Any defect noted by the Client must be immediately reported to Lafleur and, if applicable, to the delivery person.
The Client acknowledges that wine is a complex and sensitive natural product subject to variations and that the risk of corked wine is part of normal business and that Lafleur does not accept any claims in this regard. Wines with corked or deviated flavors are not defects.
In the event of proven defects, the Client may only demand the delivery of other items of the same type. In particular, redhibitory action, claim for reduction of price and damages are excluded. Termination may not be requested even if the thing has perished as a result of its defects or by fortuitous event. Articles 205 to 209 of the Swiss Code of Obligations are derogated accordingly.
The Client is not entitled to any compensation or indemnities in the event of late delivery by Lafleur. In addition, the Client is not entitled to any compensation or indemnities in the event where delivery is made impossible due to force majeure, such as strikes, government decisions or civil conflicts. The parties exclude as far as permitted by law the application of Article 190 et seq. of the Swiss Code of Obligations.
In the event of contradiction between the French version and a version of the GTC in another language, the French version shall prevail. In the event of a contradiction between the GTC and a premium sale contract, the latter shall prevail. The Client shall not offset its own claims with the sale price unless Lafleur becomes bankrupt.
The Client may not assign or delegate, in whole or in part, its rights and obligations under the Contract without Lafleur’s prior written consent.The Client authorizes Lafleur to assign or delegate to third parties all or part of its rights and obligations under the Contract for the purpose of debt recovery or as a result of a sale of its business.
Lafleur reserves the right to modify at any time the present terms and conditions and the selling prices of its products. The updated general terms and conditions as well as the selling prices apply immediately to any order placed or category subscribed to after the update date on the website lafleurwines.com or, where applicable, after notification of an update by e-mail from Lafleur to the Client. For the rest, no change, alteration or modification of the sale agreement is valid, unless the Parties provide otherwise by written agreement. Written form is also necessary for the waiver of the requirement of written form.
Any provision of these GTC that would in whole or in part in any way contrary to Swiss law shall be severable and no invalidity, in whole or in part, of such provision shall affect the remainder of the provision in question or the other provisions. If any provision is deemed void or invalid or unenforceable, the Parties agree to replace it with a valid and enforceable provision reflecting as closely as possible the intent and purpose of the original provision.
The statutory limitation periods of art. 210 of the Swiss Code of Obligations apply to the sales referred to herein.
The law expressly prohibits the sale to minors. In order to comply with legal provisions, the Client undertakes to be at least 16 years old on the date of his wine order and at least 18 years old on the date of his spirits order.
The present GTC are exclusively subject to Swiss substantive law, with the exception of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980. The ordinary courts of the Canton of Geneva shall have exclusive jurisdiction to rule on any dispute between the Parties in connection with GTC.