General Terms and Conditions of Glen Fahrn AG

General

 

Glen Fahrn is the specialist for spirits and wines. We are characterised by an enormous variety of products, detailed knowledge and a high delivery readiness where our products are in stock (unless otherwise indicated). It is our endeavour to be able to serve our customers according to their needs with full satisfaction. Of course, we are also happy to assist our customers with our knowledge and experience.

 

Contents

 

These general Terms and Conditions (hereinafter referred to as the "Terms") of Glen Fahrn AG (hereinafter referred to as "Seller") apply to all contracts concerning the delivery of goods to a consumer or contractor (hereinafter referred to as "Customer") with the Seller in respect of the Seller online web store www.glenfahrn.com (hereinafter referred to as "Online Shop"). The offer of products and services in the online shop (hereinafter referred to as "offer") is valid as long as the offer can be found in the online shop.

 

National Delivery

 

Deliveries are made to addresses in Switzerland and the Principality of Lichtenstein.

 

International Delivery

 

Of course, we also supply customers in other countries. These order requests can be directed to the seller via email info@glenfahrn.com. For each country special conditions and conditions apply. Only with the confirmation of the order request by the seller, the order is accepted. It is up to the seller to decide whether or not to execute order requests. The rejection does not require a statement from the seller, but the customer is informed in writing about the reasons for the refusal.

 

Rejection of already paid orders with International Delivery

 

If a customer makes an order and pays directly with an international delivery, then the seller can reject the order without justification. The return of the payment will be carried out within 5 working days. The amount of the returned amount corresponds to the amount received less any transaction costs (bank / postal charges) in CHF (Swiss Francs). Any exchange rate differences shall be covered by the customer.

 

A customer is any natural or legal person who maintains business relationships with the seller. We ask you to read these Terms and Conditions carefully. When submitting an order, the customer agrees to these Terms and Conditions.

 

Prices

 

All prices are in CHF (Swiss Francs), including VAT and recycling fees. Price changes and time-limited offers are possible at any time and require no notice. Shipping costs will be charged additionally and will be shown separately in the order process. The seller reserves the right to technical changes, errors and the correction of errors.

 

Content -  interpretation of texts and descriptions

 

All descriptive content in the online shop such as texts, tasting notes, recommendations etc. are subjective and personal descriptions of the seller. The customer has no right of return due to another perception.

 

Illustrations of products

 

We photograph our products ourselves and pay attention to the greatest possible colour fastness. The packaging will also be displayed. Deviations from the photos may occur. Deviations do not entitle to exchange or return.

 

Numerous editions and bottlings are subject to constant label and packaging changes. The Aberlour A'Bunadh or Distillers Editions by Diageo are not always personalized per fill, so they may differ in batch description, tasting profile, and technical details such as alcohol level. We make every effort to keep the pictures up to date. However, it is possible that we have several different batches in stock and have them under the same product name. The customer cannot claim the illustrated bottle and its packaging as these only have symbolic value. As long as the same product is meant for the same price, no exchange or return can be requested from the customer.

 

For bottlings that are different only in the vintage, we may sometimes use photos symbolic images that are also marked accordingly.

 

Rights of use for digital content

 

All rights of use for texts as well as illustrations belong exclusively to the seller. Without written consent, neither content nor images can be used by any other parties.

 

Rarities and old wines

 

We make every effort to accurately describe the condition of our rarities and old wines. With older fillings, however, aging corks may cause the fill level between the image and the sale to change slightly. We ask you to take this into account. We cannot guarantee the previous storage method of the product.

 

The customer should also keep in mind that especially with older wines, ports, etc. the cork can be damaged by shipping which may cause it to sink.

 

The customer is aware of the risk of old bottlings. The return of individual bottles or subsequent price discounts won’t be accepted. For rarities and old wines no guarantees can be given.

 

Old spirits and especially old wines may have changed greatly in their aroma (this is in the nature of aging). The customer is aware of this when buying and can’t claim any exchange or redemption.

 

Rarities and old wines are specially marked in the online shop as a rarity. Before the payment, the customer explicitly refers to the risks of the exclusion of return, exchange or guarantee. These risks must be explicitly confirmed by the customer.

 

Contract

 

The products and prices in the online shop are considered as an offer. However, this offer is always subject to the condition of an inability to deliver or a faulty quotation which dissolves the contract.

 

Orders placed are binding on the customer. Unless otherwise stated, there is no right of return.

 

Orders are only delivered after complete receipt of payment (exception: delivery against invoice) and if the goods are available. If, after conclusion of the contract, the ordered goods can’t be fully or partially delivered, the seller is entitled to withdraw from the entire contract or from a contract part. If the customer's payment has already been received by the seller, the payment will be refunded to the customer. If no payment has been made, the customer is exempted from the obligation to pay. The seller is obliged in the event of a contract termination to no replacement delivery.

 

1. The product descriptions contained in the online shop of the seller do not constitute binding offers by the seller, but serve to make a binding offer by the customer.

 

2. The customer may submit the offer via the online order form integrated in the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart. Furthermore, the customer can also submit the offer by telephone, by fax, by e-mail, by post or by online contact form to the seller.

 

3. The seller then sends an automatic "Order Confirmation" via email confirming that the customer's order has been received by the seller.

 

4. The seller can accept the offer of the customer within five days by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail).

 

If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

 

5. For the conclusion of the contract, only the German language is available. Other languages may be agreed on a case-by-case basis. Without an explicit written agreement, the customer can’t rely on the version of a non-German contract.

 

6. Order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided for processing the order is correct, to ensure that the e-mails sent by the seller can be received at this email address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with processing the order can be delivered.

 

7. When ordering alcoholic beverages, the customer confirms by submitting the order that he/she has reached the legally required minimum age and undertakes to ensure that either he/she or another person of legal age may accept the goods.

 

Withdrawal

 

Orders are binding, no general right of cancellation is granted.

 

Selling Restrictions

 

The seller reserves the exclusive right to enforce sales restrictions, for whatever reason. Even if the webshop solution accepted orders and their payment, the order can be subsequently limited in volume by the seller without justification. Any payments made will be refunded within 5 working days in the amount of the shortened order. Damages or lost profit claims cannot be made by the customer.

  

No sale to minors

 

According to the legal provisions, alcoholic beverages may not be sold to minors under the age of 16 in Switzerland, and spirits may not be sold to minors under the age of 18. The seller generally does not sell alcohol to minors under the age of 18 (including wine, beer or other alcohol-containing products). By placing an order on www.glenfahrn.com, the customer acknowledges these provisions and explicitly confirms by check box that they are entitled to purchase. The seller does not carry out any further verification of the accuracy of the information and rejects any liability for infringement or misrepresentation.

Availability

 

Standard procedure

 

The products are in stock and therefore immediately available. If a product is not in stock at short notice, the customer will be contacted and an individual delivery date agreed.

 

Special orders (advance announcements, pre-sales, subscriptions)

 

Such offers are specially marked, they are not in stock at the time of ordering. The customer accepts the specified delivery time and any quantity reductions for these special products. Of course, the customer will be informed about the estimated delivery time and quantity as soon as possible.

 

Delay in delivery

 

If the seller is not able to maintain the original delivery date, the customer is entitled (also applies to special orders) from the 30th calendar day since the originally announced delivery date to withdraw from the contract. In this case, the seller will reimburse the customer for pre-paid amounts. Further claims against the seller do not exist.

 

Sold out / no longer available products

 

If a product is sold out and no longer available, the seller refunds the purchase amount in CHF. The customer cannot be charged extra.

 

Availability and assortment changes are expressly reserved.

 

Payment options and late payment

 

The customer has numerous payment methods available in the online shop.

 

The seller waives the usual surcharges of payment.

 

The seller has the right, without stating reasons, to exclude customers from individual payment methods or to insist on prepayment.

 

The delivery by invoice is based on mutual trust, respect and compliance with the specified payment deadlines. Only then is it possible for us to do without a direct payment. In the case of an order by invoice, the payment must be made within 10 days. Invoicing is done by email.

 

Arrears

 

If the payment deadline is not met, the default of payment automatically occurs without a reminder. In the event of late payment, the seller may appoint a debt collection agency to assign the claim. Reminder fees as well as default interest (10% per annum) are charged and are owed by the customer.

 

Retention of title

 

Until full payment of the order and any delay costs, the products remain the property of the seller.

 

Delivery

 

Delivery takes place after receipt of the order and payment has been made to the invoice recipient or to a delivery address chosen by the customer.

 

Deliveries to several recipients require several individual orders.

 

If the delivery is not deliverable due to incorrect address information (by the customer when placing the order) or due to the absence of the customer, costs for the return of the delivery automatically arise. The costs for the return as well as for the re-delivery are charged to the customer. Here, the actual costs of the respective transport companies are charged. These must be paid before the redelivery.

 

If the customer refuses to accept the delivery (defective deliveries are excluded), the seller can terminate the contract by e-mail to the customer after setting a notice period of 10 days. The seller can charge the costs for the operations back to the customer (including the effective shipping - and return costs).

 

If orders can’t be delivered by the seller, for whatever reason, the customer will be informed immediately and any payments made within 5 working days will be returned. Damages, interest claims or lost profit entitlements can’t be provided by the customer.

 

Swiss Post treats each individual package as a separate entity. Each package receives a unique TT number (Track & Trace), so that every package can be tracked. The customer can use www.swisspost.ch to track the status of the package at any time.

 

According to Swiss Law, the benefits and risks are transferred to the customer after dispatch.

  

Audit requirement

 

Upon receipt of the delivery, the customer must check that they are correct and intact.

 

Any complaints (delivery damage, incorrect or incomplete deliveries) must be reported in writing within 5 days after receipt of the delivery to Glen Fahrn AG, Fahrnstrasse 39, CH-9402 Mörschwil or by email to info@glenfahrn.com.

 

Damage and wrong deliveries

 

All our parcels are approved by Swiss Post, i. they are certified as "sufficiently packaged". In case of damage, during shipping until delivery, the customer is never liable. Swiss Post is obliged to report obvious and identifiable damage itself and may not deliver such defective packages to the customer.

 

Incorrect and incomplete deliveries

 

The return of incorrectly delivered products is at the expense of the seller. Please request a return shipping label from the seller hotline (located at www.glenfahrn.com). The customer has the obligation to return the defective products to the seller within 5 days after receipt of the delivery. Unreturned products will be charged to the customer. The re-dispatch of incomplete deliveries is at the expense of the seller.

 

Procedure for obvious externally visible damage

 

Obvious and externally visible damage are packages with drenched parts, a strong smell of alcohol, severe damages or impressions of the packages, cut-up and glued-back packages (an orange-coloured adhesive tape is usually used here).

 

If, for whatever reason, the delivery still takes place, the customer must refuse acceptance for these packages (if damage to the delivery was already evident). It is the duty of the carrier to take back the delivery directly and to report the further course of the damage to the seller.

In the case of a delivery of such defective packages to the delivery address and in the absence of the customer, the customer must instruct the local responsible post office to pick up the package again. The package must not be opened by the customer.

 

Procedure for hidden damage

 

In the case of concealed damage, the customer must, as in the sales inspection obligation, prepare his damage report on time. The customer must return the goods in their original packaging, complete and with all accessories and together with the delivery note and a detailed description of the defects (if possible also with a photo) to the specified return address in the imprint.

 

Please request a return label directly from the seller at info@glenfahrn.com or the hotline +41 43 255 01 11.

 

In the case of an unjustified complaint

 

If the seller proves that the goods have no identifiable defects or they are not covered by the manufacturer's warranty, the seller may charge the customer for the work, the return, the resend or the disposal.

 

What needs to be returned?

 

In the case of a delivery of several packages (belonging to an order) only the defective package(s) have to be returned, not the non-defective packages.

 

After damage or error message by the seller

 

As soon as the damage notification has arrived to the seller, the customer will be informed about the investigation and next steps via email, alongside a newly triggered shipment to the customer with accepted damages.

 

Broken cork

 

Broken cork can always occur when opening bottles. However, this does not entitle the customer to exchange or return the purchased product. But we always have matching spare corks in stock and can offer the customer one for free.

 

Any cork residue can be easily removed by the customer with a fine tea strainer.

 

Product with cone flavour

 

Corked liquid can occur with all products (spirits and wines). In case of suspected corked liquid, the bottle must be returned to the seller return address in the imprint or to one of our branches. We will expertly check the complaint and send a replacement bottle in case of justified complaint.

 

There are no complaints accepted where more than 10cl liquid is missing. Corked flavours are quickly recognisable, so every customer must briefly taste their own bottles and identify any defects.

 

Rarities and old wines

 

Rarities and old wines are generally excluded from all returns, exchanges and warranties. This also applies to damaged cork bottles and the liquid within.

 

The customer can’t claim any compensation.

 

Packaging

 

For the shipping of bottles we only use environmentally friendly, extremely stable and high quality Glen Fahrn printed cardboard packaging. Postal packages must have high stability and resilience, and the content must also be appropriately protected.

 

Due to the differences in the shapes of many products, it is only possible to use conditionally standardised cartons with a cardboard inner grid. Where this is not possible, we use recyclable bubble wrap.

 

Billing and delivery documents are placed on the top of the cartons.

 

We attach great importance to sustainability and recyclable materials. Therefore, all our packaging materials used are generally reusable or for the most part free and easy to recycle. You can also return them to us at any time in our shops for free.

 

Shipping costs domestic (Switzerland & Liechtenstein)

 

We are convinced that shipping should not be offered free of charge. This only for the reason that even the modern online customer is aware of the cost of such expenses. The free shipping that numerous online web shops provide are both economically and above all ecologically meaningless.

 

Mailing via PostPac Priority (A-Post)

 

For all orders with delivery locations within Switzerland and Liechtenstein, shipping to a single customer-defined location are uniform for all order values. We charge our "Glen Fahrn Liefer-Fünfliber" which is only 5.- CHF.

  

Shipping abroad

 

Shipping abroad depends on numerous regulations of the recipient’s country. Each country has special conditions and costs. It is the duty of the buyer to fulfil the regulations of their respective place of delivery (recipient’s country. Therefore an early inquiry to the seller hotline is necessary. The exact terms and costs will be submitted to the potential buyer by email. Shipping abroad is exclusively against advance payment.

 

The Swiss VAT can only be deducted from an order value (excluding transport costs) of at least CHF 300. The alcohol and any other taxes can’t be deducted.

 

The customer accepts that they must additionally pay any taxes levied by the recipient’s country. They are not part of the seller's shipping costs. They are to be paid directly to the competent bodies of the recipient’s country.

 

Branch collections

 

Ordered collections are only possible against advance payment of the order. Payment in the branches is not possible where the order has been dispatched to a new branch. Also, any invoiced delivery costs can’t be refunded.

 

The pick-up date for store pickups will be sent to the customer via email. Depending on the branch location, it is up to 7 working days (if the product is not already in stock in the store).

 

The customer acknowledges the respective store opening hours and any company holidays. The opening times as well as company holidays are visible online.

 

If the customer does not pick up the products ordered in a store (store pick-up) within 14 calendar days, the customer will be charged a sales charge of CHF 1.- per day thereafter. This additional fee must be paid for when picking up at the store.

 

Data protection

 

Only those data are recorded which are necessary for processing the order in order to simplify the handling of the online shop for returning customers. Personal customer data will be treated confidentially in accordance with data protection legislation and will neither be passed on to third parties nor used or sold for third-party advertising. Only the use of address data for the purposes of our logistics partners is excluded.

 

Security in electronic payments

 

Particularly sensitive data (in particular details for payments by credit card) are transmitted encrypted. The highest priority is given to security in electronic payments, and the encryption techniques used by the seller meet the international requirements for electronic payments. The online shop is subjected to annual certifications. The certificates are visible in the online shop.

  

E-marketing, newsletter

 

Customers of the seller have the opportunity to receive the latest information from Glen Fahrn including novelties, products, events and interesting facts via electronic newsletter. This service is not binding on anything, is free and can be cancelled at any time. The seller does not operate SPAM.

 

Content of linked pages

 

All internet pages, which are linked to www.glenfahrn.com in any way, were checked for content prior to the linkage. Although we regularly call the networked sites, we cannot rule out that content will be published that is not directly related to our assortment. We are very grateful for reporting such problems to info@glenfahrn.com . We distance ourselves clearly from any abusive content and assume no responsibility for the inappropriateness and content of linked sites.

Severability clause

 

Should individual provisions of the contract or provisions of the General Terms and Conditions be invalid, ineffective, void or unenforceable or become ineffective or unenforceable after the conclusion of the contract, the validity of the rest of the contract remains unaffected. The ineffective or unenforceable provision shall be replaced by the effective and enforceable provision whose effects come closest to the economic purpose pursued by the contracting parties with the invalid or unenforceable provision. The above provisions also apply accordingly in the event that the contract proves to be incomplete.

 

Jurisdiction

 

The business activities of Glen Fahrn AG are based exclusively on Swiss law. The place of jurisdiction is St.Gallen. As of January 1, 2018, Glen Fahrn AG, Mörschwil

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