to create excellence
General Terms and Conditions
- Scope
The following General Terms and Conditions (GTC) apply to all orders placed via our website. The offer on this website is directed exclusively at consumers domiciled in Switzerland (hereinafter referred to as the “Customer”).
A consumer is defined as a natural person who maintains business relations with Les Frères Dutruy SA that cannot be attributed to his or her commercial or independent professional activity. Orders in quantities that are not customary for a household may be rejected without justification.
Les Frères Dutruy SA reserves the right to amend these GTC at any time. The version of these GTC in force at the time of the order shall apply and may not be unilaterally amended for this order. Any terms and conditions of the customer that conflict with or deviate from these GTC shall not be recognised.
The operator of this website is Les Frères Dutruy SA.
- Information on this website
Les Frères Dutruy SA contains information about products and services. Prices and product ranges are subject to change without notice, as are technical specifications. All information on www.lesfreresdutruy.ch (product descriptions, images, illustrations, films, dimensions, weights, technical specifications, accessory relationships and other information) is for illustrative purposes and is to be understood as approximate values. Les Frères Dutruy SA makes every effort to ensure that all details and information on this website are correct, complete, up-to-date and clearly laid out, but Les Frères Dutruy SA can give no guarantee of this, either expressly or implicitly.
Les Frères Dutruy SA cannot guarantee that the products listed will be available at the time of ordering. Therefore, all information regarding availability and delivery times is without guarantee and may change at any time without notice.
- Prices
The sales prices stated on Les Frères Dutruy SA are final prices and include, unless otherwise stated, the statutory value added tax and any other statutory levies. The prices are net prices in Swiss francs (CHF).
Any shipping costs will be charged additionally, unless otherwise provided for, and are to be paid by the customer. Shipping costs are shown separately in the order process.
Technical changes, errors and misprints are reserved. In particular, Les Frères Dutruy SA may make price changes at any time without prior notice. Consultancy and support services are not included in the sales prices.
- Conclusion of contract
The products and prices on this website are non-binding offers.
By placing an order via this website, including acceptance of these GTC, the customer submits a legally binding offer to conclude a contract. Les Frères Dutruy SA will then send an automatic order confirmation by email, which confirms that the customer’s offer has been received by Les Frères Dutruy SA. Orders placed are binding for the customer. Unless otherwise stated, there is no right of return or withdrawal.
The contract is concluded as soon as Les Frères Dutruy SA sends a declaration of acceptance by email, in which the dispatch of the ordered products or services is confirmed.
Orders will only be delivered after receipt of payment in full (exception: delivery against invoice) and provided that the goods are available. If it transpires that the ordered goods cannot be delivered or cannot be delivered in full, Les Frères Dutruy SA is entitled not to accept or to execute the order in part or in full. In such a case, Les Frères Dutruy SA will inform the customer by email. If the customer’s payment has already been received by Les Frères Dutruy SA, the payment will be refunded to the customer. If no payment has yet been made, the customer will be released from the obligation to pay.
- Payment options and retention of title
The payment options specified in the order process are available to the customer.
Les Frères Dutruy SA reserves the right to exclude customers from individual payment options or to insist on payment in advance without giving reasons.
Les Frères Dutruy SA may charge interest on arrears of 5% per annum and a reminder fee of a maximum of CHF 20 per reminder if the customer is in arrears with payment.
The products delivered to the customer remain the property of Les Frères Dutruy SA until full payment has been made.
- Delivery, obligation to inspect, notice of defects and return
Deliveries will be sent by post or courier service to the address indicated by the customer in the order.
Les Frères Dutruy SA endeavours to keep delivery times as short as possible. However, any delivery periods stated in the order confirmation are non-binding. Les Frères Dutruy SA is entitled to make partial deliveries. In this case, the shipping costs will only be charged to the customer once.
The dispatch of the invoice, insofar as delivery against invoice is offered, shall take place at the discretion of Les Frères Dutruy SA by email or by post.
If the delivery cannot be delivered or if the customer refuses to accept the delivery, Les Frères Dutruy SA may dissolve the contract after notifying the customer by email and granting a reasonable period of grace, as well as charging the customer for the costs of the inconvenience.
The customer is obliged to inspect the delivered goods immediately after receipt of the delivery and to report any defects for which Les Frères Dutruy SA provides a warranty immediately in writing by letter or email to the address in the imprint.
Returns to Les Frères Dutruy SA shall be made for the account and at the risk of the customer. The customer must send the goods in their original packaging and together with the delivery note and a detailed description of the defects to the return address specified by Les Frères Dutruy SA.
If the inspection by Les Frères Dutruy SA reveals that the goods have no identifiable defects or that they are not covered by the manufacturer’s warranty, Les Frères Dutruy SA may charge the customer for the effort involved, the return shipment or any disposal.
- Warranty
Les Frères Dutruy SA shall endeavour to deliver goods in perfect quality. If the customer receives a damaged or defective product, he must contact Les Frères Dutruy within 14 days of receipt of your order. It is at the discretion of Les Frères Dutruy SA to replace the product with an equivalent one or to make a refund.
Please note that the warranty does not cover damage caused by mishandling or inappropriate use of the product. Les Frères Dutruy are not responsible for damage resulting from improper storage of the wine after delivery. Furthermore, wines that have been opened and consumed are not eligible for a refund or replacement, except in the case of product defect.
In the event of “cork taint”, it is at the discretion of Les Frères Dutruy SA whether or not to compensate the customer.
Les Frères Dutruy SA is not able to provide any assurances or guarantees for the up-to-dateness, completeness and correctness of the data as well as for the constant or undisturbed availability of the website, its functionalities, integrated hyperlinks and further contents. In particular, no representation or warranty is made that the use of the website will not infringe rights of third parties not owned by Les Frères Dutruy SA.
- Liability
Les Frères Dutruy SA excludes all liability, irrespective of its legal basis, as well as claims for damages against Les Frères Dutruy SA and against any auxiliary persons and vicarious agents. In particular, Les Frères Dutruy SA shall not be liable for indirect damage and consequential damage caused by defects, loss of profit or other personal injury, material damage and pure financial loss suffered by the customer. Further mandatory statutory liability, for example for gross negligence or unlawful intent, remains reserved.
Les Frères Dutruy SA uses hyperlinks only for the customer’s simplified access to other web offers. Les Frères Dutruy SA can neither know the content of these web offers in detail, nor assume liability or other responsibility for the content of these websites.
- Data protection
Les Frères Dutruy SA may process and use the data recorded in the course of the conclusion of the contract for the fulfilment of the obligations arising from the purchase contract and for marketing purposes. The data necessary for the fulfilment of the service may also be passed on to commissioned service partners (logistics partners) or other third parties.
The data protection provisions are available in detail under the following link: https://www.lesfreresdutruy.ch/privacy-policy/
- Protection of minors
By using the services of Les Frères Dutruy SA and by placing an order on this site, the consumer confirms that he/she is of legal drinking age in his/her country. The consumer undertake to provide correct and complete information about his/her age. Verification of age is carried out in accordance with legal provisions. Les Frères Dutruy SA reserves the right to refuse or cancel orders if the age verification is inconclusive or if any doubt arises as to the information provided.
- Partial invalidity
Should individual provisions of these GTC prove to be invalid or unenforceable or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
- Further provisions
Les Frères Dutruy SA expressly reserves the right to amend these T&Cs at any time and to bring them into force without notice.
In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.
The place of jurisdiction is the seat of Les Frères Dutruy SA or the consumer’s place of residence.
- Contact
If you have any questions about these terms and conditions, please contact: Les Frères Dutruy SA