General terms of business

For all business divisions of Orvinum AG as well as the hereto belonging wine shop (online-shop).

The German version is binding.

Orvinum AG, Weingartenweg 18, 4312 Magden  (following “Orvinum AG” sells to third parties (following called “client”) the products that are offered in the online-catalogue, in the sales room, as well as in the printed catalogue to followinglisted conditions of sale.

1    Subject matter of contract
The general terms of business apply for all products and services, subject to charge or free of charge, that Orvinum AG offers or renders. Sale and delivery take place only according to the general terms of business of Orvinum AG. Opposing or differing conditions of the client will not be recognised and will not apply, unless Orvinum AG specifically and in written form agrees to their validity. The respectively actual and binding version of the general terms of  business will be published on the internet under www.wine-rarities.com  A written form can be obtained from Orvinum AG. 

2    Offers and prices
All offers of Orvinum AG are subject to confirmation and not binding: Prices are subject to change and errors are excepted. Other differing agreements between the client and Orvinum AG are subject to change or modification. A legal purchase contract becomes valid when Orvinum AG accepts the offer of the client.The prices for products and services are understood to be purely net in Swiss Francs, excluding value-added-tax. Extra costs such as, for example, packaging, insurance, credit card payment, Paypal, etc. and transport/delivery (freight/transport) are not included in the prices.
Extra costs will be charged as a separate position. Prices of products, as well as extra costs, will be charged at the time of sale confirmation, respectively delivery. Should the delivery be delayed through late payment of the invoice and prices of the ordered items have risen, Orvinum AG retains the right to charge the client this price increase. Orvinum AG can undertake price changes at any time without giving prior notice.

3    Disclaimer for the content of linked pages
Orvinum AG declines all responsibility and liability for the content of web pages linked with Orvinum AGor its homepages (for example www.wine-rarities.com). A liability for eventual damages through downloads, implementation of programs, scripting, plug-ins or other components is herewith expressly excluded. The activation of Orvinum AG’s website and its homepages is done at one’s own risk. Should downloads be offered, these are provided exclusively at the conditions of the download provider. Orvinum AG takes no responsibility for a technically correct implementation and does not guarantee its function.

4    Transfer of use and risk
Responsibility and risk are passed to the client with the transfer of the product to the transport firm. Insurance of the products needs to be arranged with Orvinum AG.

5    Conditions of sale
Generally payment is to be rendered in advance. As a special exception Orvinum AG can agree to payment against invoice. Payment is due within 10 days of invoice date. Discounts, rebates and other deductions are excluded.Payment via internet, respectively credit card, PayPal etc. are undertaken under risk and danger of the client.

6    Delay or default of payment
Should a client come into payment default, Orvinum AG retains the right to execute future services only against  advance payment. Should a client default payment wholly or partially, all open amounts that are owed under any title will become due immediately and all deliveries will be suspended. Orvinum AG retains the right to rescind all partial or full deliveries. The dissolution of the contract will immediately take place without prior notice after eight (8) after Orvinum AG has mailed the client a registered payment demand. By late payment a bank-conform debit interest of at least 5% will be charged. After the second notice, an administration fee of CHF 50.-  will be levied.

7    Delivery and retention of ownership
Delivery follows after full payment. Orvinum AG is endeavoured to fulfil the agreed upon delivery dates. Delivery dates are considered to be approximate. They are in no way definite. In case of a delayed or non-delivery, the client has the right to step back from the contract, earliest in 4 weeks after the agreed delivery date. Orvinum AG has the right to partial delivery.Items that have been delivered to the client remain property of Orvinum AG until full payment has been made.
The client allows Orvinum AG to register the retention of ownership in the official ownership retention registry. 
Export abroad with DHL is possible on request. A shipment by DHL is only from Monday to Wednesday to avoid improper storage over the weekend.
Possible costs for customs clearance in the country of delivery are entirely at the expense of the buyer. Likewise, returns from DHL (unsuccessful delivery, customs and/or import problems, etc.) will be charged to the buyer.

8    Exchange, return or withdrawal
The right to exchange, return or withdrawal is excluded.

9    Data privacy
Our Privacy Policy can be found here.

10    Intellectual property
Orvinum AG retains the rights for every design, every text, every illustration and every graphic on its website and in all publications. Copying or any form of reproduction of the website and publications, also parts hereof, will only be allowed for the purpose of placing an order with Orvinum AG. The name Orvinum AG, all page headings, navigation bands, graphics, switch area symbols are registered trademarks, brand names of Orvinum AG. Orvinum AG holds property and copyright on all illustrations, drawings, calculations and other documents. Passing these on to a third party by the client needs the specific written permission of Orvinum AG.

11   Warranty
Orvinum AG warrants the auth4enticity of the offered bottles, aside  from falsifications, copies or imitations that have been noted as such in written form. Orvinum AG obligates itself to the client for a diligent provision of services according to the conditions of contract.The client is responsible to inspect the delivered products for possible defects (for example glass breakage) and to report such in written form within 10 days of delivery.Imperfection, defects, impairments, damages and similar that are described by Orvinum AG or are reflected in the purchase price cannot be considered deficiencies.For bottles that are broken by the transport firm or Orvinum AG in handling, or otherwise afflicted with problems (such as dropped cork, loosened label, etc.), replacement cannot be demanded. From the time of delivery to the purchaser all risks are passed on to him. Further demands, possible profit losses, are denied without exception. Bottles with sensory faults (cork, oxidation, etc.)  can, regretfully, not  be replaced or exchanged. Orvinum can, by justified faults, rescind the transaction upon its choosing or render a replacement delivery or make an adequate reduction of the purchase price. Compensation for damages due to impossibility of service, through breach of contract, through faulty contract closing, un-allowed actions and/or deficiencies are excluded insofar that a deliberate or grossly negligent action is not the case. A liability for indirect damages and consequential damages that are, namely from the use, through mishap or failure of service, especially but not exclusively, for lost profit are excluded.

12    Crediting / Right of retention
The client is not entitled to credit possible counterclaims against demands of Orvinum AG. Any retention right by the client is fully excluded.

13    Export
An export of the wines ordered is possible and is exclusively handled with DHL. An insurance for the shipment is also possible. To certain countries such as Spain and the USA (list not exhaustive) no shipments can be made for customs reasons.

14    Salvatorius Clause
Should individual provisions of the contract between the client and Orvinum AG and / or the general terms of business be wholly or partially invalid or should the contract contain a deficiency, the effectiveness of the remaining provisions or parts of such provisions remain unaffected. Instead of the non-effective or unfeasible provisions, the parties will find a solution that comes closest to the non-effective or unfeasible provisions in a business result.

15    Jurisdiction and choice of law
Place of jurisdiction for all disputes with Orvinum AG is Zurich (excepting differing mandatory jurisdiction of federal law. The contract is subject to Swiss law.

16    Final conditions
Orvinum AG retains the right to change or modify the general terms of business at any time. For purchase orders and sales that have attained a binding status through a purchase confirmation by Orvinum AG before the coming into effect of changes in the general terms of business,  the previous general terms of business apply.