Terms and conditions of use of EnUnFly EF

1 General

1.1 The Enunfly EF products and provides services, in particular through the website www.enunfly.ch. These General Terms and Conditions (hereinafter referred to as "GTC") shall apply to all legal relationships between Enunfly and the purchaser of products and/or services from Enunfly.
1.2 The customer warrants that he is at least 18 years of age at the time of his order.
1.3 Any general terms and conditions of the customer are hereby waived.
1.4 Deviations from these GTC shall only be valid if agreed by the parties in writing or by email.
1.5 In the event that special contractual terms and conditions of Enunfly are applicable in addition to these GTC, such special terms and conditions shall take these GTC shall take precedence over the present GTC insofar as they contain provisions that deviate from these GTC.

2. Orders

2.1 All offers made by Enunfly shall be non-binding.
2.2 By placing an order, the customer shall submit an offer to which it shall be bound for a period of two weeks after receipt by Enunfly. At the customer's request, Enunfly may voluntarily cancel the order as a gesture of goodwill.
2.3 Upon receipt of an order, Enunfly shall as a rule send an acknowledgement of receipt to the e-mail address provided by the customer. This confirmation of receipt shall only serve to inform the customer about his order and shall have no legal effect.
2.4 The contract between the parties shall be concluded as soon as Enunfly renders services to the customer (e.g. shipment of goods).(e.g. shipment or handover of products to the customer) or sends an order confirmation.
2.5 All services to be provided by Enunfly are conclusively listed in the delivery bill and/or order confirmation issued by Enunfly.
2.6 The customer shall check the documents prepared by Enunfly, in particular invoices, delivery bills and the order confirmations, within 5 calendar days of their dispatch (by mail or digitally) or handover. The customer shall notify Enunfly of any discrepancies within this period, failing which the documents shall be deemed approved by the customer.

3 Procurement of products, cancellations, change of year

3.1 Enunfly shall be entitled to cancel orders at any time without giving reasons and/or to provide only partial services. In the event of partial or complete cancellation of the order, the customer shall only pay for the partial performance effectively rendered by Enunfly.
3.2 Enunfly shall in no case be obliged to procure products or specific vintages of wines.

4 Prices, costs and terms of payment and delivery

4.1 All prices are quoted in Swiss francs including VAT.
4.2 Shipping costs shall be charged separately to the customer (except for free deliveries designated as such).
4.3 Enunfly shall be entitled to make deliveries in several parts.parts. Such partial deliveries shall not result in the customer any additional costs.
4.4 The agreed prices, costs, terms of payment and delivery shall be determined by the invoice issued by Enunfly or, if such invoice is missing or incomplete, the confirmation of receipt of the order, or, if such confirmation is also missing or incomplete, the prices, costs and terms of payment communicated to the customer upon completion of the order process.
4.5 Regardless of the agreed method of payment, Enunfly shall be entitled to deliver or perform orders only against prepayment.against payment in advance.
4.6 Enunfly hereby assigns to the customer any rights Enunfly may have against the carrier of deliveries to the customer.deliveries to the customer. In return, the customer shall bear the transport and delivery risk in connection with its orders placed with Enunfly.
4.7 Invoices issued by Enunfly shall be paid within the period printed on the invoice (from the invoice date) and without any deductions to the account of Enunfly designated thereon. Upon expiry of the payment period, the customer shall be in default without further notice. Enunfly shall be entitled to the statutory rights of default.

5. Deadlines

5.1 All shipping and delivery dates communicated by Enunfly shall serve exclusively for the customer's orientation and shall not be legally binding.
5.2 If the dispatch of a delivery (or parts thereof) is delayed by more than five working days in relation to the date communicated by Enunfly, the customer shall be entitled to waive the delayed part of the delivery. Such waiver shall only be valid if declared immediately and received by Enunfly prior to dispatch of the delayed part of the delivery. Otherwise, the customer shall not be entitled to any rights against Enunfly arising from the exceeding of shipping and delivery dates.
5.3 If a successful delivery is not possible for reasons beyond Enunfly's control (e.g. wrong delivery address, absence of the recipient, lack of access permit, etc.), Enunfly shall be entitled to cancel the contract, absence of the recipient, lack of access authorization, etc.), the customer shall be obliged. If delivery is not possible or only possible under difficult circumstances, the customer shall be obliged to compensate Enunfly as if delivery had been successful (at least assumption of shipping and packaging costs). In all other respects, Clause 3 and Clause 4.6 above shall apply.

6 Inspection by the Customer

6.1 The customer shall inspect deliveries received from Enunfly within 5 calendar days after delivery or collection and shall notify Enunfly within this period of any visible defects or incomplete deliveries in writing or by e-mail. Upon unused expiry of this period, the deliveries received from Enunfly as well as the scope of delivery shall be deemed approved by the customer.

7 Warranty, in particular for tap wines, and liability

7.1 The warranty period for hidden defects shall be two years from handover or delivery of the services to be provided by Enunfly.
7.2 If the customer discovers that a wine bottle purchased from Enunfly is defective (hereinafter referred to as"tap wine"), such bottle shall be replaced by Enunfly under the following conditions (cumulative):a. The warranty period (clause 7.1 hereinabove) has not yet expired; the bottle is returned by the customer to Enunfly immediately after discovery of the defect; the bottle is at least 2/3 full; and Enunfly is also able to detect the defect.
7.3 Enunfly shall replace tap wines under the conditions of clause 7.2 above with an electronic voucher card in the value of the tap wine. This voucher card shall entitle the customer to order another wine from Enunfly in the value of the voucher card.
7.4 With the exception of the warranty rights set forth in sections 7.1 and 7.2, the customer shall have no warranty rights against Enunfly.against Enunfly.
7.5 Enunfly's contractual and non-contractual liability shall be excluded in full to the extent permitted by law.excluded. In particular, Enunfly shall not be liable for any personal injury and/or financial loss (direct or indirect or consequential) and/or loss of profit. In any case, Enunfly's warranty and liability shall be limited to the price of the relevant service provided by Enunfly.

8. Further provisions

8.1 Involvement of third parties Enunfly shall be entitled to involve third parties for the provision of services, in particular other wine merchants.
8.2 Communication by e-mail Enunfly shall be entitled to communicate with the customer by e-mail. The customer is aware that emails may be read by third parties. The customer shall bear all risks in connection with the transmission and delivery of e-mails. In particular, the customer shall be responsible for regularly checking its inbox and spam folder. An e-mail from Enunfly shall be deemed delivered to the customer at the moment it is sent by the servers used by Enunfly to the e-mail address designated by the customer.
8.3 Use and riskBenefit and risk of the services to be provided by Enunfly shall pass to the customer when the services leave Enunfly's premises or when the customer is notified that the services are ready for collection (whichever is earlier).
8.4 Place of performanceThe place of performance for all obligations (of the customer, Enunfly and third parties) shall be the registered office of Enunfly.
8.5 Severability clause Should any provision of these GTC be or become invalid or void, this shall not affect the validity of the remaining provisions. In the event of invalidity or nullity of a provision of the contract, such provision shall be replaced by a valid provision which comes as close as possible to the economic purpose of the invalid provision.
8.6 Applicable law, place of performance and jurisdictionThese GTC shall be governed exclusively by Swiss substantive law. The applicability of the CISG is excluded. All disputes arising out of or in connection with the contract between the parties, including disputes regarding its valid conclusion, validity, amendment or termination, shall be decided by the competent courts at the place of Enunfly's registered office. For actions brought by Enunfly and in the cases provided for by mandatory law, the court at the customer's place of residence, registered office or domicile shall also have jurisdiction.