Terms and conditions of sale
1. Application of the general terms and conditions of sale
All orders placed on the Internet with L’ESPRIT DU VIN, S. LOHRMANN (hereinafter referred to as “L’ESPRIT DU VIN”) are governed by these General Terms and Conditions of Sale, which apply to the exclusion of all other conditions.
By placing an order, you acknowledge that you have read, understood and accepted, without reservation, these General Terms and Conditions of Sale.
By using this site, you also agree to be bound by our Terms of Use and Privacy Policy.
L’ESPRIT DU VIN encourages you to read these Terms and Conditions carefully before using the services provided on this site.
L’ESPRIT DU VIN reserves the right to modify the General Terms and Conditions of Sale at any time by publishing a new version on the present site. Each order placed after the publication by L’ESPRIT DU VIN of the new version of its General Terms and Conditions of Sale shall be deemed to constitute acceptance of the latter.
2. Registration
The law prohibits the sale of spirits, aperitifs and alcopops to people under 18, and the sale of wine, beer and cider to people under 16.
By registering on this site, you declare that you are at least 18 years old and have full legal capacity, i.e. that you are entitled to exercise your civil rights.
You are responsible for the accuracy and completeness of the mandatory data you provide.
Please inform L’ESPRIT DU VIN of any change of address and other modifications by updating your personal data on this site as soon as possible.
L’ESPRIT DU VIN undertakes to treat your data confidentially in accordance with the Swiss Data Protection Act (DPA) and the European Data Protection Regulation (GDPR) and not to pass it on to third parties without your consent. Furthermore, L’ESPRIT DU VIN will only process data that is essential for the conclusion and performance of the contract. Information on data protection can be found in our online store under Data protection.
3. Password
You must choose a password when registering to use this site. This password is strictly confidential and must not be divulged to third parties.
You assume full responsibility for the use of your password and for all orders placed on this site, even without your knowledge, using this password.
If you are aware of or suspect fraudulent use of your password, you must immediately inform L’ESPRIT DU VIN.
4. Validity
The prices published at the time of ordering are subject to changes in vintage, price adjustments and modifications to offers depending on the availability of the wines.
L’ESPRIT DU VIN reserves the right to modify the product range, vintages, prices, conditions and availability, as well as to correct obvious errors and misprints. Claims for damages due to obvious errors or misprints are excluded.
5. Controls
By placing an order on this site, you agree to purchase the products you have selected in accordance with these Terms and Conditions of Sale.
There is no minimum order quantity unless otherwise specified.
L’ESPRIT DU VIN offers its products for sale on the present site within the limits of available stocks. In the event of stock shortage on a product purchased and stipulated “in stock” on the site, L’ESPRIT DU VIN undertakes to contact you within 72 hours to agree on a change or partial or full refund of the order (according to the customer’s convenience). Please refer to article n° 11.
6. Order confirmation
Orders you place on this site are to be considered as an offer to enter into a contract, subject to acceptance by L’ESPRIT DU VIN, and therefore do not constitute a binding contract until they have been confirmed by an e-mail from L’ESPRIT DU VIN.
L’ESPRIT DU VIN reserves the right, at its discretion, to refuse an order, particularly in the case of unpaid invoices or insolvency.
The data recorded by L’ESPRIT DU VIN constitutes irrefutable proof of the order or transaction. The data recorded by the payment system constitutes irrefutable proof of financial transactions.
7. Awards
All prices shown on the website are in Swiss francs (CHF), including 7.7% or 2.5% VAT.
All orders are to be paid in full and exclusively in Swiss francs.
The prices indicated for the goods you order are those shown on this site on the date of the order, including VAT, but excluding processing and shipping costs.
Processing and shipping costs are invoiced at the rates indicated on the present site at the date of the order and calculated in particular according to weight, volume and geographical destination.
L’ESPRIT DU VIN reserves the right to modify its prices and shipping and handling charges at any time and to cancel any contract that contains errors in wording, printing or calculation.
8. Terms of payment
Orders can be paid for by credit card (Visa, MasterCard), debit card (Vpay, Maestro, PostFinance Card), TWINT or bank transfer. In all cases, delivery will only be made once payment has been received. Payment in cash and in CHF only on delivery is accepted only in the canton of Geneva and part of the district of Nyon.
The order and payment process is secured by our financial partners (myPOS Europe Ltd., PostFinance SA). L’ESPRIT DU VIN accepts no liability for fraudulent use of any of the above payment methods.
9. Quantities
Our wines are usually delivered in their original packaging (6 or 12 bottles). However, you can order individual bottles at no extra charge. In this case, you will only be billed for packaging and shipping costs.
10. Delivery
All orders confirmed by L’ESPRIT DU VIN will be delivered to the address indicated on the order.
L’ESPRIT DU VIN makes every effort to ensure delivery within 2 to 3 working days of receipt of the order (depending on the type of product and the country of destination, Switzerland and Liechtenstein). This applies only to products in stock. No claims for price reduction or damages in the event of late delivery may be made.
Our goods are delivered exclusively in Switzerland and Liechtenstein. Information on delivery zones and prices can be found in our online store under Delivery.
Delivery charges are calculated automatically during checkout.
Free delivery on orders over CHF 99.00.
During special periods or special offers, delivery charges may vary. In such cases, please refer to the relevant section for the applicable rates.
11. Out of stock
In the event of a permanent stock shortage of an ordered product, L’ESPRIT DU VIN will keep you informed as soon as possible and will offer you the following alternatives, either :
- replacement by the next vintage or by an equivalent product; or
- reimbursement of unavailable products or the full amount of the order, depending on the customer’s choice.
In the event of a temporary shortage, L’ESPRIT DU VIN will suggest that you wait until the restocking date, which will be specified as soon as possible. In the absence of acceptance, the customer may request partial or total cancellation of the order.
12. Checking the merchandise
It is your responsibility to check the quantity and condition of the goods immediately upon receipt.
If you notice that goods are missing or damaged, you must file a claim with the carrier and inform L’ESPRIT DU VIN by email within 7 days of delivery. The missing or damaged goods will then be replaced identically depending on available stocks.
13. Special packaging and gift wrapping
Gift wrapping or special packaging will be invoiced.
14. Returns
You may return unsatisfactory goods within 14 days of receipt of the order.
L’ESPRIT DU VIN only accepts returns of goods in good condition and in their original packaging, accompanied by a copy of the invoice.
Where returns have been made in the prescribed manner, L’ESPRIT DU VIN will refund the price of the returned goods within a maximum of 30 days from the date of receipt of the returned goods. You are responsible for the cost of processing and shipping.
15. Corked/defective bottles
Bottles with a “cork taste” will not be reimbursed, unless they are the result of repeated accidents on a wine. In this case, bottles returned 3/4 full with the original cork will be replaced free of charge. If replacement is not possible, a credit note in the form of a personal promotional code will be sent to you. These refund conditions are valid for a maximum of 6 months after the date of purchase.
16. Limitation of liability
The photos and texts illustrating and describing the products on this site are non-contractual and for information purposes only. L’ESPRIT DU VIN accepts no responsibility for any errors or omissions in the photos or texts appearing in the offers or services proposed on the site. L’ESPRIT DU VIN accepts no liability for any errors or omissions in the photographs or text contained in the offers or services offered on the site.
17. Applicable law/for
These General Terms and Conditions of Sale are governed by Swiss law.
All disputes are subject exclusively to Swiss law. The place of jurisdiction is Geneva.
Date: November 08, 2023
