Terms of service

ZARAH WINE SAGL
GENERAL TERMS AND CONDITIONS OF SALE

1. Scope of Application and Customer Categories

These General Terms and Conditions of Sale ("GTC") apply to purchases made through the Zarah Wine Sagl online store ("Zarah Wine", "Seller").

By placing an order through the website, the Customer confirms that they have read and accepted these GTC.

For the purposes of these GTC:

"Consumer" means a natural person purchasing products primarily for personal or household purposes and not in connection with a commercial or professional activity.

"Business Customer" means any person or entity purchasing products primarily for commercial or professional purposes.

Certain provisions of these GTC may apply differently to Business Customers where expressly stated.

Separate or additional conditions may apply to international sales, individually negotiated transactions, special allocations, en-primeur purchases or other transactions not concluded through the online store.

2. Orders and Contract Formation

Products displayed on the website are offered subject to availability.

Before submitting an order, the Customer is given the opportunity to review the selected products, quantities, delivery information and total price and to correct any errors.

By submitting an order, the Customer makes an offer to purchase the products contained in the order under these GTC.

The Customer will receive an electronic confirmation that the order has been received. Where further verification is required, such acknowledgement of receipt does not by itself constitute final acceptance of the order.

Zarah Wine reserves the right to refuse or cancel an order before dispatch, in particular in the event of:

• product unavailability;
• an obvious pricing, stock, vintage or product-information error;
• failed, incomplete or reversed payment;
• suspected fraud or misuse;
• inability to verify the Customer, age or transaction where reasonably required;
• legal or regulatory restrictions;
• circumstances beyond Zarah Wine's reasonable control.

If an order already paid by the Customer is cancelled by Zarah Wine, the amount paid for the cancelled products will be refunded using, where reasonably possible, the original payment method.

3. Product Availability

All products are offered subject to availability and prior sale.

Due to the limited and allocated nature of many wines offered by Zarah Wine, stock availability may change rapidly.

If an ordered product or vintage becomes unavailable, Zarah Wine may propose an alternative product or vintage. No substitution will be made without the Customer's prior consent.

Where only part of an order becomes unavailable, Zarah Wine may, after informing the Customer, fulfil the available portion of the order and refund the unavailable products, unless otherwise agreed with the Customer.

4. Prices

Prices displayed on the Zarah Wine online store are stated in Swiss francs (CHF) and include applicable Swiss VAT.

Delivery or shipping charges, where applicable, are indicated separately before completion of the order.

The price applicable to an order is the price displayed at the time the order is submitted, subject to the correction of obvious pricing or technical errors.

Zarah Wine may modify its prices at any time. Such changes will not affect orders already accepted by Zarah Wine.

In the event of an obvious pricing, product, vintage, stock or catalogue error, Zarah Wine reserves the right to contact the Customer before processing the affected product and, where necessary, cancel it and refund any amount already paid for it.

Prices and tax treatment applicable to Business Customers or international transactions may differ where expressly indicated or agreed.

5. Payment

Available payment methods are displayed during checkout.

Unless otherwise expressly agreed, payment must be completed in accordance with the payment conditions shown at checkout.

Zarah Wine reserves the right to carry out reasonable payment, identity, age and fraud-prevention checks before accepting or dispatching an order.

An order may be suspended or cancelled if payment is refused, reversed, incomplete or cannot reasonably be verified.

Where payment terms are expressly granted to a Business Customer or other Customer, the applicable payment deadline will be stated on the relevant invoice or commercial agreement.

6. Late Payment

Where Zarah Wine expressly grants deferred payment terms and an amount remains unpaid after its due date, default interest may be charged in accordance with the applicable agreement and Swiss law.

To the extent permitted by law, Zarah Wine reserves the right to recover reasonable costs directly incurred in collecting overdue amounts.

Where an overdue payment relates to a Business Customer, Zarah Wine may suspend further deliveries, revoke credit terms and require advance payment for future orders.

Nothing in this section shall affect any mandatory rights available to Consumers under Swiss law.

7. Retention of Title

Where products are supplied before full payment has been received, ownership of the products shall remain with Zarah Wine until full payment of the relevant purchase price has been received, to the extent permitted by applicable Swiss law and subject to any formal requirements necessary for such retention of title to be effective.

Until full payment has been received, the Customer shall take reasonable care of the products and shall not intentionally impair Zarah Wine's rights in them.

This provision applies in particular to transactions for which Zarah Wine has expressly granted deferred payment terms.

8. Suspension of Orders and Deliveries

If an amount due to Zarah Wine remains unpaid, or where there are reasonable grounds to suspect fraud, misuse or a material payment risk, Zarah Wine may, to the extent permitted by law:

• suspend pending deliveries;
• suspend or cancel unfulfilled orders;
• require advance payment for future orders;
• withdraw or reduce future allocations;
• refuse future transactions.

Any rights already acquired by either party before such suspension or cancellation remain unaffected.

9. Delivery

Zarah Wine offers different delivery methods depending on the delivery address and the options available at checkout.

Personal Cellar Delivery by Zarah Wine

For selected areas, Zarah Wine may offer a personal delivery service directly from our cellar to the Customer's address.

Depending on the delivery address and the conditions displayed at checkout, selected orders may be delivered personally by a member of the Zarah Wine team.

Applicable delivery charges, minimum order values, complimentary-delivery thresholds and estimated delivery times are displayed on the website and/or during checkout.

Swiss Delivery by Courier

For deliveries within Switzerland that are not made directly by Zarah Wine, orders may be entrusted to Zarah Wine's selected logistics partner.

Applicable shipping charges, complimentary-shipping thresholds and estimated delivery times are displayed on the website and/or during checkout.

Delivery times are estimates and may vary due to product availability, weather conditions, transport disruptions, peak periods or other circumstances beyond Zarah Wine's reasonable control.

Zarah Wine will use reasonable efforts to respect the indicated delivery timeframe but does not guarantee a specific delivery date unless expressly agreed in writing.

10. Temperature and Weather Protection

Wine is sensitive to extreme temperatures and inappropriate transport or storage conditions.

Where reasonably necessary to protect the quality and integrity of the wines, Zarah Wine may postpone shipment or personal delivery during periods of extreme heat, freezing temperatures or other adverse weather conditions.

Where a shipment is postponed for this reason, Zarah Wine will use reasonable efforts to dispatch the order as soon as suitable conditions allow.

Following completed delivery or collection, the Customer is responsible for ensuring that the wines are stored under appropriate conditions.

11. Collection from Cellar

Where offered by Zarah Wine and selected or agreed by the Customer, orders may be collected directly from Zarah Wine's premises or cellar.

Collection is generally by appointment and during the times communicated by Zarah Wine.

The Customer may be required to provide:

• order confirmation;
• proof of identity;
• proof of age where appropriate.

Where another person collects an order on behalf of the Customer, Zarah Wine may request reasonable evidence that the person is authorised to collect it.

Risk of loss or damage passes to the Customer upon physical handover of the products to the Customer or the authorised person collecting the order.

12. Transfer of Risk

For deliveries arranged by Zarah Wine to Consumers, risk of loss or damage passes to the Customer upon physical delivery of the products to the Customer or to a person designated by the Customer to receive the order.

In the case of collection from Zarah Wine, risk passes upon physical handover of the products.

Different risk-transfer arrangements may apply to Business Customers or international transactions where expressly agreed in writing.

13. Receipt, Inspection and Transport Damage

The Customer should inspect the shipment as soon as reasonably possible after receipt.

Any visible damage, shortage, incorrect product or other apparent discrepancy should be reported to Zarah Wine promptly and, where reasonably possible, within seven (7) calendar days of delivery.

In the event of transport damage, the Customer should retain the original packaging and, where possible, provide photographs of the package and affected bottles so that Zarah Wine can assess the claim and liaise with the carrier.

Failure to notify Zarah Wine within the above period does not affect any rights that cannot legally be excluded or restricted.

14. Wine Condition and Natural Characteristics

Wine is a natural product whose characteristics evolve over time.

Particularly in the case of mature, rare or collectible wines, variations may occur in:

• fill level (ullage);
• label and capsule condition;
• colour;
• sediment;
• bottle appearance;
• cork condition;
• other characteristics resulting from normal ageing.

Such characteristics do not constitute a defect where they are consistent with the wine's age and condition and/or were reasonably disclosed in the product description, photographs or other information provided before purchase.

Where bottle-specific photographs or condition descriptions are provided, they form part of the product information available to the Customer before purchase.

Zarah Wine cannot guarantee the future evolution, drinking condition, appreciation or market value of any wine.

Nothing in this section excludes rights arising under mandatory Swiss law.

15. Rare, Mature, Allocated and Collectible Wines

Certain wines offered by Zarah Wine are rare, mature, collectible, highly allocated or available only in extremely limited quantities.

Due to their rarity, provenance, age and market characteristics, cancellations, exchanges and returns of rare, mature, collectible or allocated wines are generally not accepted, except where expressly agreed by Zarah Wine or required by mandatory applicable law.

This does not affect the Customer's rights in respect of incorrectly supplied or defective goods or any other rights that cannot legally be excluded.

Availability of particularly rare or allocated products may remain subject to final confirmation by Zarah Wine.

16. Allocations and Resale Policy

Certain wines are offered in strictly limited quantities and may be allocated at Zarah Wine's discretion.

Zarah Wine aims to distribute such wines in a manner that respects their scarcity and its relationships with producers and suppliers.

Where Zarah Wine reasonably believes that allocated wines have been purchased primarily for immediate commercial or speculative resale, Zarah Wine reserves the right to limit or refuse future allocations to that Customer.

This provision does not restrict any ownership rights that the Customer may otherwise have in wines already fully purchased and paid for.

17. Cancellations and Returns

Swiss law does not generally provide an automatic statutory right to cancel every online purchase solely because the Customer has changed their mind.

Accordingly, orders accepted and dispatched by Zarah Wine cannot generally be cancelled or returned without Zarah Wine's prior written approval.

Customers wishing to request a cancellation or return should contact Zarah Wine as soon as possible.

Any voluntarily approved return must comply with the conditions communicated by Zarah Wine and may be subject to inspection and reasonable transport or handling costs, where applicable.

This section does not affect the Customer's rights in relation to incorrectly supplied, damaged or defective goods or any other rights that cannot be excluded under mandatory Swiss law.

18. Refunds

Where a refund is due, Zarah Wine will refund the applicable amount using, where reasonably possible, the original payment method.

Refund processing times may vary depending on the payment provider or financial institution.

Where only part of an order is affected, the refund may be limited to the affected products and any corresponding charges where applicable.

19. Product Information and Images

Zarah Wine takes reasonable care to ensure that product descriptions, vintages, formats, prices, photographs and other information displayed on the website are accurate.

However, minor differences in labels, packaging, capsules, bottle appearance or presentation may occur, particularly where producers modify packaging or where wines are mature or collectible.

Bottle-specific photographs, where expressly indicated as such, relate to the bottle or bottles offered.

Other product images may be illustrative.

Zarah Wine reserves the right to correct obvious typographical, technical, pricing, stock or product-information errors.

20. Storage

Where Zarah Wine expressly agrees to hold purchased wines on behalf of a Customer after purchase, any applicable storage conditions, duration and charges will be communicated separately.

Unless expressly agreed otherwise, the online purchase price does not include long-term storage.

Once wines have been physically delivered to or collected by the Customer, responsibility for appropriate storage conditions passes to the Customer.

21. Age Requirement and Alcohol Sales

Alcoholic beverages may only be purchased by persons who meet the minimum legal age applicable to the relevant product.

By placing an order containing alcoholic beverages, the Customer confirms that they satisfy the applicable legal age requirements.

Zarah Wine reserves the right to carry out age-verification procedures and to refuse or cancel an order where legal age requirements cannot be verified.

Proof of age may also be requested upon delivery or collection where required or reasonably appropriate.

22. International and Cross-Border Sales

The standard Zarah Wine online store is intended primarily for deliveries within Switzerland.

Where Zarah Wine expressly agrees to an international or cross-border sale, additional terms and charges may apply.

Depending on the destination, the Customer may be responsible for:

• customs duties;
• import taxes;
• local taxes and charges;
• import licences or restrictions;
• local alcohol regulations;
• other legal requirements applicable in the destination country,

to the extent that such obligations are legally the responsibility of the Customer.

The Customer is responsible for ensuring that products may lawfully be imported into and received in the destination country where an international shipment has been individually agreed.

Zarah Wine reserves the right to refuse an international shipment where legal, logistical, customs or regulatory requirements cannot reasonably be satisfied.

International sales may also be subject to separate terms communicated before the order is accepted.

23. Limitation of Liability

To the maximum extent permitted by applicable law, Zarah Wine shall not be liable for indirect or consequential losses arising from the purchase, ownership, storage, consumption or resale of products purchased through the website.

In particular, Zarah Wine does not guarantee:

• future wine appreciation or development;
• future resale value;
• investment performance;
• market value;
• availability of future vintages or allocations.

Zarah Wine shall not be responsible for deterioration resulting from inappropriate storage or handling after risk has passed to the Customer.

Any limitation or exclusion of liability contained in these GTC applies only to the extent permitted by Swiss law.

Nothing in these GTC excludes or limits liability where such exclusion or limitation is prohibited by mandatory law.

24. Force Majeure

Zarah Wine shall not be responsible for failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control.

These may include, without limitation:

• transport or logistics disruptions;
• supplier failures;
• customs delays;
• strikes;
• natural disasters;
• severe weather or extreme temperatures;
• pandemics;
• cyber incidents;
• governmental measures;
• war;
• sanctions;
• other comparable events outside Zarah Wine's reasonable control.

Where such circumstances materially affect an order, Zarah Wine may delay, suspend or cancel the affected part of the order and will inform the Customer where reasonably possible.

Any amount already paid for products cancelled by Zarah Wine and not supplied will be refunded.

25. Website and Electronic Commerce

Zarah Wine takes reasonable measures to maintain the availability and accuracy of its online store.

However, temporary interruptions, maintenance, technical failures or transmission errors may occur.

Zarah Wine may modify website content, product descriptions, stock information and availability at any time, provided that such modifications do not affect orders already accepted except where necessary to correct an obvious error or as otherwise permitted by these GTC or applicable law.

The Customer is responsible for ensuring that the information provided during checkout, including delivery and contact details, is complete and accurate.

Before submitting an order, the Customer is given the opportunity to review and correct the information entered.

Following submission of an order, Zarah Wine will provide an electronic confirmation of receipt.

26. Chargebacks and Payment Disputes

If the Customer believes that a payment has been incorrectly charged or that there is a problem with an order, the Customer is encouraged to contact Zarah Wine promptly so that the matter can be investigated.

Fraudulent or abusive chargebacks may result in suspension of future orders and recovery of reasonable costs incurred by Zarah Wine, to the extent permitted by law.

Nothing in this section restricts the Customer's legitimate rights to dispute an unauthorised or incorrect transaction with their payment provider.

27. Data Protection

Personal data is processed in accordance with applicable Swiss data protection legislation and Zarah Wine's Privacy Policy.

Personal data may be processed in particular for:

• processing and fulfilling orders;
• arranging delivery;
• processing payments;
• customer service;
• age and identity verification where appropriate;
• fraud prevention and security;
• compliance with legal and regulatory obligations;
• marketing communications where permitted by law and in accordance with the Customer's preferences.

Further information regarding the processing of personal data is available in Zarah Wine's Privacy Policy.

28. Intellectual Property

The content of the Zarah Wine website, including text, photographs, graphics, logos, branding, product presentations and other materials, is protected by applicable intellectual property laws.

Such content may not be reproduced, distributed, commercially exploited or otherwise used without the prior consent of Zarah Wine or the relevant rights holder, except where permitted by law.

29. Governing Law and Jurisdiction

These GTC and purchases made through the Zarah Wine online store are governed by Swiss law.

For Customers qualifying as Consumers, any mandatory rules concerning jurisdiction remain fully applicable.

Subject to such mandatory provisions, the place of jurisdiction for disputes arising from or relating to these GTC or purchases from Zarah Wine shall be Lugano, Canton Ticino, Switzerland.

30. Severability

If any provision of these GTC is found to be invalid, unlawful or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.

Where legally possible, the invalid or unenforceable provision shall be interpreted or replaced in a manner that most closely reflects its original commercial purpose while complying with applicable law.

31. Amendments

Zarah Wine may amend these GTC from time to time.

The version applicable to an order is the version made available to the Customer at the time the order is placed.

Changes made after an order has been placed shall not retroactively alter the contractual conditions applicable to that order.

32. Seller Information

Zarah Wine Sagl is a Swiss fine wine merchant specialising in rare wines, collectible bottles and exclusive allocations from selected producers.

Zarah Wine Sagl
Via Lavizzari 4, 6900 Lugano
Switzerland
Email: info@zarahwine.com
Telephone: +41 91 682 05 73
Company registration / UID: CHE-451.347.812

For questions regarding an order or these General Terms and Conditions, Customers may contact Zarah Wine using the contact details above.