General Terms and Conditions

Lucullus SA, Stans

The following conditions will be enforceable between Lucullus SA and our clients. The latter are confirming their acceptance of them by placing an order with us.

Once we have sent you the invoice by Email/Post/Fax then your order is confirmed.

Prices

All prices are net and in Swiss Francs (CHF) per bottle exclusive of 8,0 % TVA and exclusive of all delivery charges (Fob Stans). Any conversion into other currencies is not binding and is not binding and is only shown as an indicator. Prices and wine availability are subject to change at any time and can only be confirmed by us in writing. We can only sell wines in complete cases (of 6 or 12 bottles) but can sell odd bottles if these are available. For any orders less than 500.- CHF’s we will charge an administration fee of 25.- CHF’s. For payments made with a PostFinance Card we will charge a processing fee of CHF 7.-

Payment terms

Payment is due 15 days from date of invoice but anyway prior to collection/delivery/shipment. In case of non-payment or late-payment an interest rate of 1 percent of the open invoice amount per month is owed from the due date. Until we have received payment in full all goods will remain the property of Lucullus SA. We do not accept credit cards nor cheques as a way of payment.

The ordered goods are delivered to the buyer only after full payment of the purchase price. If earlier invoices are still open and/or not completely paid by the customer, the seller may refuse to deliver the goods until full payment of all outstanding invoices has been made. By ordering the goods, the buyer acknowledges that full payment of the purchase price must be made and that the seller is entitled to collect the purchase price by the due date by legal debt collection or through the appropriate use of the Courts of Law.

It is only possible for the buyer to withdraw or change an order or the purchase contract with consent from the company Lucullus SA. Lucullus SA will demand a penalty of 25 percent of the value of the withdrawn order. The contract will only be seen as resolved after the payment of the 25 percent penalty. In individual cases and only in consultation with Lucullus SA, the company may refrain from enforcing a penalty.

Complaints

It is your responsibility to inspect all goods when collecting or upon delivery and you must inform us within 8 days of receiving the goods as to any shortage or damage. Goods are shipped at our customer's own risk and are not insured by Lucullus SA. Lucullus SA is not liable for any failure to meet our obligations occasioned by circumstances beyond our control. All our contracts are governed by Swiss Law and are subject to the exclusive jurisdiction of the Swiss Courts.

Undelivered Orders

If an order can not be delivered the carrier or the Post Office will leave you a notification or collection details. The order can then be collected from your local Post Office or arranged to be re-delivered to you at a suitable date. If this has not occurred within the specified time limit, or if the second delivery fails, the shipment will be returned at the buyer’s expense to Lucullus SA. If the shipment is required to then be sent out again we will charge you accordingly.

Exemption from delivery obligations

Lucullus SA can bear no responsibility for the increasing of customs duties and other fiscal charges. We will also have no obligation to deliver any goods following non-compliance regarding the payment conditions, particularly with reference to the cancellation of any contract and non-timely payment of the penalty enforced.

Youth protection

With the order, the buyer confirms that he or she is of legal age. We can not sell wine to under 16 years olds and no spirits to under 18 years olds.

Redemption of faulty wines

We calculate our prices without any risk surcharge and we can not replace faulty wines. Returns without prior notice and without our consent will not be accepted.

Jurisdiction

For disputes arising from any purchase agreement, which is concluded between the company Lucullus SA and the customers, the jurisdiction of Stans / Nidwalden applies.

Only Swiss law is applicable.

Lucullus SA, Stans