General Terms of Sale

1. Scope

(1) These general terms (GT) govern the sale by LivinVino Sàrl to its clients of products exclusively designed, realized, and manufactured by third parties (manufacturer or supplier).

(2) LivinVino Sàrl reserves the right to modify these GT at any time. The effective version is the one in force on the date the sales contract is concluded. Client or third-party conditions are not recognized by LivinVino Sàrl, even if there is no evident contradiction. Furthermore, the provisions of the Swiss Code of Obligations apply.

2. Contract Conclusion

(1) The products and prices proposed by LivinVino Sàrl to its client are considered offers, which are always subject to availability.

(2) The sales contract is established as soon as the client receives the order confirmation, either verbally or in writing, subject to availability.

3. Price

Unless otherwise agreed, prices are considered to be in Swiss Francs (CHF), excluding VAT. LivinVino Sàrl reserves the right to modify prices if there are increases due to suppliers, tax charges, customs duties, increased transportation costs, or currency fluctuations between the order date and the delivery date.

4. Payment Conditions

(1) LivinVino Sàrl issues an invoice that is payable within 30 days.

(2) Clients who are late in making payments will be charged interest at the statutory rate without reminder. The failure to deliver a non-essential element of the order or a warranty claim against LivinVino Sàrl or any of its suppliers does not justify a refusal to pay.

(3) In the event of the client's default, the total or the remainder of the purchase price is immediately due. LivinVino Sàrl reserves the right to require a 50% advance payment.

5. Delivery, Shipping, Transport, and Defect Notification

(1) After the order is received, a delivery or pickup time is personally arranged with the client.

(2) LivinVino Sàrl's delivery deadlines are only binding if its supplier adheres to its delivery timeline.

(3) In case of a delivery delay by LivinVino Sàrl, the client can only claim compensation after having formally notified LivinVino Sàrl in writing, given a written extension of 60 days for fulfillment, and after this additional period has expired without result. The notification must be sent via registered mail.

(4) The profits and risks of the delivered goods pass to the client as soon as they leave the operational area of LivinVino Sàrl (or the supplier’s operational area in case of direct delivery). This also applies even if free shipping and delivery were agreed upon.

(5) Transportation is at the client's risk. The client must immediately check the completeness of the delivered computer products upon receipt and send a written notification of any defects or shortcomings by registered mail to LivinVino Sàrl immediately. If the client does not refuse delivery and fails to notify LivinVino Sàrl immediately as outlined above, the client is deemed to have accepted the product.

6. Warranty

(1) The legal warranty is completely excluded to the extent permitted by law. If the product is still under the manufacturer's warranty from LivinVino Sàrl, LivinVino Sàrl will provide the corresponding services.

(2) If the client claims warranty rights with LivinVino Sàrl, the client must immediately report any defects to LivinVino Sàrl and, if requested, return the defective product to LivinVino Sàrl for rectification. The warranty obligation expires if the product has been improperly handled or maintained, subjected to excessive stress, altered, transformed, or if the instructions have not been followed. Natural wear is excluded from the warranty. If a major defect cannot be remedied despite repeated rectifications, a reduction in the sale price or a cancellation of the contract may be required. The client is not entitled to a replacement delivery. Any rectification does not extend the general warranty period for the product.

7. Installation/Commissioning

(1) The installation and commissioning of the product are solely the responsibility of the client and do not form part of the sales contract. The client may, for a fee, separately commission LivinVino Sàrl for installation, commissioning, training, and consulting services.

8. Liability

(1) The liability of LivinVino Sàrl is totally excluded within the limits permitted by law.

(2) Moreover, LivinVino Sàrl is not liable for minor faults, indirect or consequential damages, lost profits, unrealized savings, damages resulting from delivery delays, or any acts or omissions by its personnel, whether contractual or otherwise.

(3) Furthermore, LivinVino Sàrl disclaims all liability in cases of improper storage, adjustment or use of the products, the use of incompatible spare parts or accessories, lack of maintenance, and/or improper modification or repair of the products by the client or third parties, as well as in cases of force majeure.

9. Return Conditions

(1) In principle, the client does not have the right to return products.

(2) All returns are subject to the written agreement of LivinVino Sàrl, which sets a deadline for the client to return the product. The client must return the product at their own expense to LivinVino Sàrl, intact and in the original packaging, before the deadline expires.

(3) Beyond the set deadline, LivinVino Sàrl is no longer obliged to accept the returned product.

(4) Upon proper execution of the return conditions, LivinVino Sàrl will refund the client within 30 days after receipt and inspection of the returned product.

10. Support and Maintenance

Support and maintenance services are not included in the price of the product.

11. Retention of Title

LivinVino Sàrl remains the sole owner of the product until full payment of the invoices and any potential reminder fees related to said product have been made. It is authorized to register this retention of title in any registry that allows it. If the client defaults on payment, LivinVino Sàrl may reclaim the goods in accordance with applicable legal provisions.

12. Storage

If LivinVino Sàrl is unable to deliver the product due to reasons beyond its control, the product will be stored pending delivery. Under such circumstances, LivinVino Sàrl will charge the client a flat fee of CHF 100.- per month starting from the third month of storage.

13. Legal Jurisdiction and Applicable Law

(1) This contract is subject to Swiss law.

(2) For any disputes arising from this contract, the competent court is the one located at the headquarters of LivinVino Sàrl. LivinVino Sàrl reserves the right to pursue the client at the client's place of residence.