General Terms and Conditions of Business and Contract for Wyhus Ryf AG

1. Scope of Application
The general terms and conditions (hereinafter referred to as “GTC” or “GTC – Online Shop”) apply to all legal transactions concluded via the online shop https://wyhus.ch/ (hereinafter referred to as “Online Shop”). This online shop is operated by Wyhus Ryf AG (hereinafter referred to as “Wyhus Ryf”). Wyhus Ryf reserves the right to amend these GTC at any time. The version valid at the time of the order shall apply. This can be viewed at https://wyhus.ch/. By submitting an order via the Wyhus Ryf AG Online Shop, you agree to these terms and conditions.

2. Offer, Sales Prices, Invoicing, Payment Methods and Availability

The products and prices in the online shop constitute an offer. The offer is valid as long as the product is available and in stock in the online shop. Wyhus Ryf may freely determine and change prices at any time. The price published on the website at the time of ordering shall apply. If prices have been published in error, Wyhus Ryf reserves the right to inform the buyer of this before dispatch to agree on a price correction or to cancel the order. The prices stated in the online shop are in Swiss francs, including VAT, and apply to immediate payment. We accept Wyhus Ryf vouchers, Postcard, Eurocard and VISA as payment methods. Our cash payment receipts meet all requirements for proper and detailed invoicing. The availability of items is displayed in the "Online Shop"/cannot be displayed for organisational reasons. Due to time constraints, there may also be discrepancies with the actual stock level. We therefore do not give a delivery guarantee. The following applies: Only while stocks last. In the event of an item being unavailable, the customer will be informed immediately.

3. VAT
All prices listed in the shop include value added tax. Our VAT registration number is 513 989. Our calculation is based on pick-up prices in our wine cellars. For home deliveries, transport costs will be charged separately at cost price. Express deliveries can be made. Express transport or taxi fees will be charged.

4. Warranty
Subject to proper storage and handling, and taking into account the drinking maturity, we grant you a right of return upon presentation of the cash receipt. We will take back any wine (from vintage 2005 onwards) that is deemed to be of unsatisfactory quality and provide a replacement. Wines that taste of cork will be replaced within their shelf life. No cash refunds will be made. If the complained-about wine cannot be replaced, the replacement will be a wine of equal value. All wines are delivered to your home in break-proof packaging. Should a bottle nevertheless break, you will receive a prompt replacement.

In all other respects, the Swiss statutory warranty provisions pursuant to Art. 197 et seq. of the Swiss Code of Obligations (OR) shall apply.
A warranty claim can only be asserted by the customer upon presentation of the purchase contract including a valid order form.
There is no warranty claim for damages caused by improper handling or for defects attributable to external influences. These could include, for example, natural disasters, moisture damage, drop and impact damage or damage caused by modifications.
Wyhus Ryf can fulfil the warranty by replacing the product with a new one of equal value.

5. Price Validity
The prices displayed on the internet pages at the time of the order shall apply. We reserve the right to make changes to the assortment, prices and conditions, as well as to correct obvious errors and typos. Claims for damages due to obvious errors and typos are excluded.

6. Availability and Delivery
Products marked as "available" are normally delivered within 4-5 working days between Tuesday and Friday from the receipt of the order or are ready for collection at the pickup address (Wyhus Ryf, Seftigenstrasse 240, 3084 Wabern). No shipping takes place on Saturdays, Sundays, and Mondays; pickups can also be made on Saturdays during opening hours, provided a corresponding pickup invitation has been sent. If a product is not in stock or incorrectly marked as "available," the customer will be informed by email or telephone, and a new provisional delivery or pickup date will be arranged. Wyhus Ryf strives for a quick resupply and ships backorders without additional shipping costs.

If an item is no longer available and cannot be procured or produced by Wyhus Ryf, Wyhus Ryf may withdraw from the contract but must fully refund payments already made by the customer for the product concerned.

If Wyhus Ryf is unable to provide or ship the items within 30 calendar days from the receipt of the order, the customer has the right to withdraw from the contract. Payments already made by the buyer to Wyhus Ryf for the product concerned will be fully refunded. There are no further claims against Wyhus Ryf.

7. Home Delivery Service
We deliver wine throughout Switzerland at a uniform price to your door, regardless of distance. With our logistics partners Post, Vinolog and our personal home delivery service, we guarantee a fast, uncomplicated and very convenient delivery of your ordered wines. We charge:
   up to   3 bottles CHF 12.00
1 to 12 bottles CHF 17.00
13 to 24 bottles CHF 22.00
From 25 bottles CHF 27.00
From a merchandise value of CHF 800.00, our domestic delivery is free of charge.

Should additional shipping costs arise due to an incorrect delivery address or incorrect address data, these costs shall be borne entirely by the buyer.

Online orders will be delivered within 4-5 working days by our logistics partners.

7.1 Additional Delivery Conditions
If the customer does not accept the goods delivered by the supplier within the agreed or stated delivery times, Wyhus Ryf may withdraw from the contract, cancel the order, and charge the customer a processing fee of 15%, but at least CHF 30.-.

7.2 Additional Pickup Conditions
If the customer chooses the "Pickup" option when ordering, they will receive confirmation by email or telephone as soon as the goods are ready for pickup. If the customer does not pick up the ordered products within 10 working days of receiving the pickup confirmation, Wyhus Ryf may withdraw from the contract and charge the customer a processing fee of 15%, but at least CHF 30.-.

8. Obligation to Inspect
The delivered or collected products must be checked by the buyer immediately upon receipt for completeness, correctness and delivery damage. If there is a defect, Wyhus Ryf must be notified within 7 calendar days and the product must be in its original condition for return.

9. Evening Delivery Service
You order by phone by 10 a.m., delivery will be the next evening between 5:30 p.m. and 8 p.m. Flat rate: CHF 60.00 extra

10. Express Delivery Service
Currently not offered.

11. International Deliveries
Wine shipments to almost all EU countries are possible. The wines are cleared through customs and delivered within approximately 10 days. Deliveries to other countries must first be clarified. Please contact us in any case beforehand via the contact form.

12. Security and Data Protection
Encryption The ordering process is SSL3 encrypted. Your credit card number is always protected and transmitted to third parties in an unreadable format.
Cookies: Your browser may ask if you want to accept a cookie. If you agree, the cookie temporarily stores an identification number during your visit to the online wine cellar. This identification number is used solely to facilitate communication during the ordering process. This number becomes invalid upon leaving. No data is retrieved from your computer or even stored. Please note that older browser generations do not support SSL or support it insufficiently.

Handling of Personal Data (Data Protection)
All personal data collected via our websites (www.wyhus.ch) are used exclusively to serve and support you as requested. Wyhus Ryf AG, as the operator of these websites, guarantees that your data will be treated confidentially in accordance with the applicable Swiss data protection regulations and, in particular, that your data will not be passed on to third parties without your consent.

12. Provided Information

Wyhus Ryf endeavors to keep the data published in the online shop up-to-date and correct. However, due to production/delivery bottlenecks and sales via other channels, delivery delays may occur. Therefore, all information on availability and delivery time is without guarantee and may change at any time.

Wyhus Ryf assumes no liability for the accuracy or timeliness of information provided by other manufacturers, even if it has been carefully researched.

12. Liability and Disclaimer
Wyhus Ryf is only liable for the warranty services listed under section 4. Any further liability is excluded, in particular liability for damages that did not arise on the products themselves. These can be indirect and direct damages and consequential damages such as lost profit, unrealized savings, or damages from delay in delivery. Furthermore, Wyhus Ryf is not liable for damages caused by improper storage.

13. Applicable Law and Place of Jurisdiction
The contractual relationship arising from these GTC is subject to Swiss law, excluding conflict of laws. The exclusive place of jurisdiction for all proceedings, as well as the place of performance and enforcement, is Belp. However, Wyhus Ryf AG may assert its rights before any other competent authority. Mandatory statutory provisions of Swiss law remain reserved. December 2008

Wyhus Ryf AG, Seftigenstrasse 240, 3084 Wabern, www.wyhus.ch

Last Update: July 2020