GENERAL TERMS AND CONDITIONS (GTC)
1. Contractual conditions
All deliveries are subject exclusively to the following General Terms and Conditions (GTC) of Emil Ebneter & Co. AG and its subsidiaries Appenzeller Alpenbitter AG, Crowning’s AG, Zafferana AG and EECO Immobilien AG (hereinafter referred to as Emil Ebneter & Co. AG). Any deviating terms and conditions of the customer shall not apply, except with the prior written consent of Emil Ebneter & Co. AG.
The customer confirms full acceptance of the GTC, including the terms of delivery and payment, through their use when ordering goods.
2. PROTECTION OF MINORS
In Switzerland, alcoholic beverages may not be sold to minors under 16 years of age, and spirits may not be sold to minors under 18 years of age, in accordance with legal provisions. By placing an order, the customer acknowledges these terms and confirms that he is authorised to make a purchase. Emil Ebneter & Co. AG declines all liability in the event of infringement.
3. CONCLUSION OF THE CONTRACT
By submitting an order using the shopping cart on our website and simultaneously accepting these GTC, the customer places a legally binding order. The online shop sends an automatic order confirmation by e-mail, which confirms that we have received the customer’s enquiry and that the contract has been concluded. The contract shall also be deemed to have been concluded if the aforementioned confirmation cannot be delivered to the customer (e.g. because the e-mail address provided is invalid, the customer’s mailbox is full or the customer’s mail provider blocks e-mail delivery) or if it is routed to the customer’s spam folder. The customer’s order is binding for the customer and can no longer be cancelled or changed.
Emil Ebneter & Co. AG cannot guarantee that the listed products will be available at the time of ordering. Therefore, all information on availability and delivery times is provided without guarantee and may change at any time and without notice. The product information contained on the website, in particular pictures and details of contents, is non-binding and serves only as an illustration. We expressly reserve the right to make changes to the recipes.
Prices are quoted in Swiss francs (CHF) and include VAT unless otherwise stated. The prices, conditions and vintages on the day of the order apply. Unless otherwise specified, any shipping costs will be charged additionally and are to be paid by the customer. Shipping costs are shown separately in the order process.
The customer can use the payment options specified in the order process. Emil Ebneter & Co. AG reserves the right to exclude customers from individual payment options or to insist on advance payment, without the need to provide a reason. In the case of purchase against advance payment, an invoice will be sent to the ordering party in accordance with the order receipt confirmation. The order will be processed once payment has been received.
If payment of the invoice amount is not made by the due date, the customer shall be in default without further reminder. Interest of 5% will accrue on the respective outstanding invoice balance until payment is made in full. All further expenses and outlays connected with the collection of the outstanding invoice amount shall be borne by the customer. In the event of a delay in payment, Emil Ebneter & Co. AG may instruct a collection agency in Switzerland or abroad, or assign the claim. If, in the event of payment arrears, a third party is commissioned to collect payment, further fees and additional costs may be incurred, to which the customer expressly agrees. The products delivered to the customer remain the property of Emil Ebneter & Co. AG until payment has been made in full.
Deliveries are made to Switzerland and the Principality of Liechtenstein. No deliveries will be made abroad.
The risk passes to the customer when the products are dispatched. Information on availability and delivery times is not binding unless confirmed in writing by Emil Ebneter & Co. AG.
Emil Ebneter & Co. AG is not liable for delays in delivery caused by manufacturing companies or third parties. If Emil Ebneter & Co. AG is unable to deliver due to a fault on the part of manufacturing companies or third parties, it shall be entitled to withdraw from the contract. The customer will be informed of this and any payments already made will be refunded. If delivery is not possible for reasons for which Emil Ebneter & Co. AG is not responsible (e.g. incorrect delivery addresses) or is possible only under difficult circumstances, Emil Ebneter & Co. AG shall be entitled to cancel the order. Any claims by the customer for damages or compensation in kind are excluded in their entirety.
The customer undertakes to inspect the goods immediately upon receipt. All defects must be reported to Emil Ebneter & Co. AG in writing within 24 hours of receipt of the goods.
Emil Ebneter & Co. AG is not liable for transport damage and damage resulting from improper storage of the product after acceptance by the customer.
The return or exchange of undamaged products that have been delivered in full is excluded, unless written confirmation is provided by Emil Ebneter & Co. AG.
Emil Ebneter & Co. AG endeavours to keep its website operational at all times, but accepts no liability for errors or damage incurred by a customer in the event of the website being temporarily unavailable or in the event of other technical problems.
8. DATA PROTECTION
Emil Ebneter & Co. AG has implemented appropriate technical and organisational measures to prevent data loss or access by unauthorised third parties as far as possible, in accordance with the state of the art. The customer is himself responsible for deciding which data is processed and stored by Emil Ebneter & Co. AG and whether the existing data security provided by the technical and organisational measures of Emil Ebneter & Co. AG is sufficient for his data.
The parties undertake to comply with the provisions of the relevant data protection laws, in particular to keep confidential and protect any personal data that may become known during the provision of the contractual services and to use it exclusively for the purpose for which it was disclosed.
The customer acknowledges that the customer’s data and documents may be viewed by Emil Ebneter & Co. AG, by providers of additional services, financial service providers, payment means providers and other authorised third parties, in particular when providing their services and in support cases. The customer agrees to the transfer of his data to these parties.
Insofar as Emil Ebneter & Co. AG processes or has access to personal data of the customer in connection with the use of the applications, Emil Ebneter & Co. AG acts as a processor for the customer pursuant to the provisions of data protection law. Emil Ebneter & Co. AG shall process and use this data only for the execution of the contractual relationship with the customer. Emil Ebneter & Co. AG is bound by the customer’s instructions in this regard and shall comply with them.
Through its acceptance, the customer also acknowledges the provisions of the Agreement on Commissioned Data Processing (ADV) in its current version. The current version of the ADV shall apply. The ADV is available in a printable format.
With regard to data protection, the customer is the legal controller of the data and is therefore solely entitled to determine its data. It warrants that it is authorised to process the data of the data subjects and shall process them lawfully in accordance with the relevant provisions. In the event of legal violations, the customer shall indemnify Emil Ebneter & Co. AG from any claims by third parties (including data subjects), unless Emil Ebneter & Co. AG is solely responsible, within the limits of its liability, for such infringements due to breaches of a duty attributable to it.
Emil Ebneter & Co. AG uses data processors to obtain required services, such as hosting applications, providing support or conducting customer satisfaction surveys. These data processors are carefully selected and commissioned by Emil Ebneter & Co. AG. They are bound by their instructions and are subject to regular inspections. They receive data only to the extent necessary to provide the specifically agreed data processing. Data processing takes place in Switzerland or in a member state of the EU or the EEA, which ensures an appropriate level of data protection. For data processed outside these countries, Emil Ebneter & Co. AG provides suitable guarantees (e.g. conclusion of standard data protection clauses in the case of data transfer abroad). Emil Ebneter & Co. AG can provide information about its data processors upon request.
Any claims for damages against Emil Ebneter & Co. AG arising from impossibility of performance, a breach of contract, fault in conclusion of a contract or from tort are excluded, except in cases of intent or gross negligence. Liability for slight negligence is explicitly excluded. Liability for indirect and consequential damage and loss of profit that result from use, faulty performance or failure of performance is excluded. Liability for direct damage is limited to a maximum of the sum of the services and products purchased by the customer. This limitation of liability shall not apply to direct damage caused by gross negligence or intent.
The customer is obliged to make any claims for damages against Emil Ebneter & Co. AG immediately after the occurrence of the damage.
These exclusions and limitations of liability (to the extent legally permissible) apply to both contractual and non-contractual claims of the customer.
Any liability without fault on the part of Emil Ebneter & Co. AG is excluded. In particular, it shall not be liable for disruptions for which it is not responsible, especially not for security defects and operational failures of third-party companies with which it cooperates or on which it is dependent.
The customer shall in particular be liable and shall indemnify Emil Ebneter & Co. AG from any claims (including damages, loss of profits, legal defence costs, etc.) in connection with the products of Emil Ebneter & Co. AG for claims arising from the customer violating applicable laws, regulations or these general provisions, from the customer using the products in a manner that is incorrect or contrary to good morals, or from the customer violating the rights of third parties, including intellectual property rights or data protection rights.
Any liability for auxiliary persons is excluded in its entirety.
10. CONTACT FOR ADVERTISING PURPOSES
Emil Ebneter & Co. AG is entitled, even without the customer’s consent, to send the customer information about the products or additional services used by e-mail or post or to contact the customer by telephone. Emil Ebneter & Co. AG has a legitimate interest in this for the purpose of addressing the customer through advertising. The customer is entitled to object to the sending of such e-mails or to telephone contact at any time. The customer can unsubscribe by clicking on the unsubscribe link in the e-mail or by contacting Emil Ebneter & Co. AG at email@example.com to lodge an objection. If consent was granted to Emil Ebneter & Co. AG to receive an individual newsletter by clicking on the relevant checkbox, subscription is performed using a double opt-in procedure. This means that the customer must first enter an e-mail address and will then receive a confirmation e-mail with a link. Only after the e-mail address has been confirmed will the customer be subscribed to receive individual newsletters. After that, Emil Ebneter & Co. AG can send out newsletters. An individual newsletter is based on the specific interests of the recipient. These are determined by evaluating click behaviour following confirmed subscription to the newsletter. This data is linked to the recipient’s data and allows both the individualisation of the newsletter and the continuous improvement of this individualisation. Further information on data processing can be found in the data privacy statement of Emil Ebneter & Co. AG.
Emil Ebneter & Co. AG may pass on the customer’s contact details to partner companies. Advertising approaches are carried out within the framework of legal requirements.
The customer may revoke the consent given at any time by using the contact details provided in the “Legal information” section of the website or by clicking on the unsubscribe link in a newsletter. Thereafter, Emil Ebneter & Co. AG shall delete its involvement in the advertising measure (e.g. newsletter). Further processing of the customer data remains possible insofar as its use is further permitted or is allowed by law.
Emil Ebneter & Co. AG may appoint commissioned service providers to send and process promotional communications (e.g. newsletters) and pass on data to them. A service provider commissioned for this purpose will be carefully selected under observance of data protection laws. Such a service provider shall be bound by directives and subject to regular monitoring. It shall receive data only to the extent necessary for the performance of the specifically agreed data processing. When transferring data abroad, Emil Ebneter & Co. AG provides suitable guarantees to ensure an appropriate level of data protection. Upon request, Emil Ebneter & Co. shall provide information about the commissioned service provider.
Disputes arising from contracts with Emil Ebneter & Co. AG shall be subject to the exclusive jurisdiction of the courts of Appenzell (Switzerland).
12. FINAL PROVISIONS
Should any of the above provisions be or become invalid, the validity of the remaining provisions shall not be affected. Ancillary agreements shall be effective only if they have been made in writing. Emil Ebneter & Co. AG expressly reserves the right to amend these GTC at any time and to bring the amended version into force without notice.
The customer may not transfer any rights arising from this contractual relationship to third parties. Emil Ebneter & Co. AG is entitled to transfer all rights and obligations arising from this contractual relationship to third parties. The customer hereby agrees to any assignment.
Any general terms and conditions or licence conditions of the customer are excluded.
Amendments and supplements to these GTC must be made in writing. This also applies to the cancellation of this written form clause. This shall not apply to unilateral changes and additions to the GTC and the prices by Emil Ebneter & Co. AG.
These GTC are available in different languages. In the event of deviations or contradictions, the German version of the General Terms and Conditions shall prevail.