ATS WINES - Terms & Conditions
The following conditions govern the contract (hereinafter "Contract") between ATS WINES (hereinafter "ATS") and the Customer (hereinafter " Customer ") registered at www.atswines.com (hereinafter "Site") for the supply of purchased goods such as wines, preserves, oil and aged vinegar (hereinafter "Goods").
These general conditions are solely applicable to sales contracts with customers, as required by the Swiss Federal Law against Unfair Competition (LCSI), article 3, paragraph 1, effective from April 2012, under which “Anyone who provides goods, products or services through e-commerce, but fails to indicate clearly and comprehensively his or her own identity and contact information, including his or her electronic mail address, shall be regarded as acting unfairly"
The supply of Service implies full acceptance, without reservation, of these general conditions of contract which shall remain valid and enforceable until such time at which they are modified and/or supplemented by ATS: any changes and/or additions will be effective from the date on which they are published on the website and will apply to contracts entered into on or after that date.
1. Object of the Contract
The object of this Contract is to supply Customers with goods including, but not limited to, wine, olive oil, preserves, aged vinegar - produced by third parties – supplied by ATS through www.atswines.com.
2. Conclusion of the Contract
Online sales contract is understood to mean the contract for the distance sales of goods stipulated between the Customer and ATS, as the Vendor, within the e-commerce system organized by ATS, through the use of the telematics communication technology, known as the Internet by means of its own website.
In order to complete the contract for the purchase of the goods, the Customer must fill in the electronic order form and send it to the Vendor through the site by following the specified instructions.
The order contains a reference to the General Conditions of Sale, the details and price of each product, the accepted methods of payment, the terms of delivery, and the shipping and delivery costs.
ATS then e-mails the Customer a pro-forma invoice stating the costs of the goods, shipping costs and delivery time.
The contract is concluded at the moment when Customer agrees and confirms the pro-forma invoice received through the website.
Once the contract is concluded, ATS will execute the Order.
3. ATS WINES’s obligations
ATS, through www.atswines.com, shall provide the aforementioned goods for the amount indicated, upon conclusion of the contract in accordance with the modalities as set out in point 2.
Actual goods may differ slightly from items requested due to possible changes made by the producers in the course of production; therefore ATS Wines shall not be held responsible for any discrepancies in product prices, descriptions or illustrations.
ATS, through www.atswines.com, shall undertake to maintain the efficiency of the service offered on the aforementioned website to the best of its ability; if forced to interrupt service due to exceptional circumstances or for maintenance, the company will make any effort to limit possible outages and/or malfunctioning periods; in any event it shall not be held liable for breach of contract in case of force majeure.
Under no circumstances will ATS be held liable for the malfunctioning of the Service resulting from failures, overloads or interruptions, even temporary, on the part of telephone and electricity service providers, national and global networks or due to the malfunction of services outside of the ambit of its own servers, such as any other instrument which Customers may choose to employ, nor shall it assume any responsibility for defects, errors or omissions contained in the Service or for any loss or damage arising from the use of the Service and/or the display of the content of the Service.
ATS will define the appropriate procedures for access to its website and reserves the right to improve them at any time in order to increase efficiency and provide the Customer with all the technical specifications to allow access to the Service.
4. Customer obligations and indemnity
When the Customer places an order, he or she commits to purchase the goods, providing payment according to the methods specified in clause 5, and to make legal use of the service provided by the site and of the purchased goods.
The Customer, in addition to honoring all provisions indicated in these Terms and Conditions, recognizes and expressly declares that the use and the employment of the supplies and services of the website are at his/her own and exclusive risk; the Customer guarantees and fully relieves ATS, www. atswines.com and domain owners of any civil or criminal liability arising from the unlawful, improper or abnormal use of goods and services provided by the site.
5. Prices and terms of payment
All prices for the goods offered are quoted exclusive of legal duties and shipping costs.
ATS reserves the right to withhold delivery if payment has not been effectuated by the Customer due to any technical reasons related to the chosen method of payment and/or to withhold delivery definitively in any case for entrepreneurial and/or technique reasons.
The available payment methods are:
bank transfer to the IBAN coordinates communicated to the Customer via e-mail by ATS.
6. Shipping and Delivery
Products will be sent to the Customer or delivered to the courier of his/her choice within five days of receipt of payment.
Delivery times are indicative only.
ATS is not responsible for any delay or other interruption in delivering the product due to events beyond its control (turmoil and strikes of transport and fuel suppliers).
ATS shall not be held responsible for goods delivered to incorrect addresses provided by the Customers and no refunds of any kind will be made.
Reshipment of goods will be treated as a new order.
If the Customer, or the person authorized by him/her, is not present at the time of delivery of the parcel by the courier, the cost of storage shall be at the Customer’s expense.
The cost of resending the undelivered goods back to the Vendor will be at the Customer’s expense.
7. Warranty and Returns
According to Swiss legislation the Vendor is responsible for the nonconformity of articles to products ordered.
This contract contains no provisions for right of withdrawal.
ATS is not liable for the misuse of products by the Customer.
Vendor is not responsible for the condition of products due to improper storage after the time of delivery.
According to the Swiss Federal Law (PLD) of 19 June 1992 regarding the protection of personal data, the acquisition of Customer’s personal data (i.e. name, address, email, phone, fax) is requested only for the acceptance of the order by the Vendor and for the shipment.
ATS is the sole recipient of Customer’s personal data and is not in any way permitted to transmit such data to third parties unless strictly necessary to carry out the order.
The Customer's email address can be used by ATS to send newsletters or promotions related to the products only after Customer’s approval.
ATS does not assume responsibility for any unauthorized access or loss of personal information outside of its control.
All texts and images on the website are copyrighted by ATS and its Manufacturers: the copy or use of site content without written permission is prohibited.
All violations of the copyright will be prosecuted to the fullest extent of civil and criminal law with possible claims for compensatory damages.
For any further information, the Customer can use all the addresses listed in "Contact us" on the website.
12. Communications to the Customer
The Customer acknowledges, accepts and gives his/her consent that all communications, notifications, certificates, information, statements of account and any documentation on the transactions carried out, referring to the purchase of Goods, will be sent to the email address indicated at the time of registration. Long-term support information may be downloaded in the manner and within the limits provided by the Site.
13. Jurisdiction and competent Court
These General Conditions of Sale shall be governed by Swiss law and shall be interpreted according to such law, therefore the interpretation, performance and resolution of the General Conditions of Sale shall be subject exclusively to Swiss law and any disputes arising out of or in connection with said Conditions may be settled exclusively by the courts of Switzerland.
The Court of Mendrisio shall hold sole jurisdiction in any dispute relating to this contract.