GENERAL TERMS AND CONDITIONS (GTC)
1.1. Our range of goods in the online shop is aimed exclusively at consumers with a habitual residence and a delivery address in Switzerland (hereinafter referred to as "Customers").
1.2. Operator of the Online Shop under www.shinwazen.ch (hereinafter referred to as the "Online Shop")
1.3. These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts concluded between you as a customer and us as the operator of the online shop www.shinwazen.ch (hereinafter referred to as "Seller"). As part of the ordering process, you accept the T&Cs in the version in force at the time the order is placed. All verbal and telephone agreements must be confirmed in writing in order to be binding. The requirement of being in writing is also fulfilled if a statement is contained in an e-mail.
2. CONCLUSION OF CONTRACT
2.1. The offer to conclude a purchase contract is made by the customer by clicking on the "Buy now" button after completing the order page. The customer remains bound to the order for one week. The contract is binding if we accept the order within this period in accordance with section 2.3.
2.2. After submitting the order, the customer will receive an automated e-mail with which we confirm receipt of the order by us (order confirmation). The order confirmation is only to inform us that we have received the order.
2.3. A contract is only validly concluded when we declare our acceptance of the contract. We declare acceptance of the contract by issuing an invoice to the customer, confirming the order (order confirmation), confirming by e-mail that the goods have left our warehouse (shipping confirmation) or at the latest by delivering the goods.
2.4. The contract is only concluded for those items that are expressly listed in our invoice, order confirmation or shipping confirmation. This also results in the scope of services.
2.5. The contract is concluded in German. The data stored by us serves as proof of the conclusion of the contract and the transaction.
2.6. The customer has the option of printing the order and the data entered during the ordering process. It is also possible to open a customer account. The order data can be viewed in the customer account after entering the personal access data. Shinwazen by Daiginjo GmbH reserves the right to suspend customer accounts without giving reasons at its sole discretion.
3. PRICES AND SHIPPING COSTS
3.1. All prices are net in Swiss francs (CHF) incl. VAT, any advance recycling fees and copyright levies. The prices, conditions and vintages indicated on the website are subject to change, with the effective date being the date of the order. Price differences between products and services offered online at reduced or discounted prices compared to reduced and/or discounted products and services in brick-and-mortar stores are possible. There is no entitlement to a subsequent price adjustment or credit.
3.2. General shipping costs: All orders are subject to a shipping fee of CHF 15.00.
4. PAYMENT & RETENTION OF TITLE
4.1. Payment of the purchase price shall be made either by credit card (VISA, Mastercard and American Express), debit card, postcard or invoice, as provided for and available on the Website. When paying via credit and debit cards, the data is transmitted in encrypted form.
4.2. Orders are payable immediately, taking into account the following provisions.
4.3. In the case of purchase on account, the purchases made will be invoiced immediately. The invoice amount is due within 30 days of the invoice date. In the event of default, we will charge default interest of 1% per month on the outstanding amount. In addition, we charge a reminder fee of CHF 30 for each reminder, which is added to the outstanding amount plus default interest.
4.4. As a customer, you are only entitled to rights of set-off or retention to the extent that the claim has been legally established or is undisputed. This does not affect your counter-rights in the event of defects in the delivery.
4.5. Until full payment of the respective invoice amount of a delivery (final and unconditional credit of the total purchase price), we reserve the ownership of the delivered goods in any case. The Seller is entitled to make a corresponding entry in the Register of Retention of Title.
4.6. Please note that our webshop is primarily geared towards the needs of our private customers. For this reason, it is not possible for us to subsequently issue invoices, receipts or VAT statements for your online order.
5. DELIVERY & TRANSFER OF RISK
5.1. The Seller restricts deliveries to the territory of Switzerland. Delivery will be made directly to the delivery address and contact person provided by the buyer.
5.2. Delivery is subject to timely and proper self-delivery by our suppliers. In the event of force majeure such as strikes and other industrial action, riots, war, natural disasters, as well as in the event of a suspension of delivery by the manufacturer or upstream supplier, there will be no delay in delivery. The seller is not liable for delays in delivery caused by manufacturing companies or third parties.
5.3. If not all ordered goods are in stock, we are entitled to make partial deliveries. If, after conclusion of the contract, it turns out that goods cannot be delivered, either in part or in full, for reasons beyond the seller`s control, the customer is entitled to withdraw from the contract.
5.4. Our service is a shipping obligation and is fulfilled when it is handed over to the transporter. After shipment, the risk of accidental deterioration and accidental loss of the goods passes to the customer. We are not responsible for any fault on the part of the transport company used.
5.5. The information provided in the online shop or in our order confirmation pursuant to No. 2.3. Delivery times quoted are calculated from the time of our order confirmation.
5.6. For certain products, we are expanding our assortments with selected partners, thus ensuring an even more attractive shopping experience on shinwazen.ch. Of course, the partners certified by us meet the same service standards as Shinwazen by Daiginjo GmbH.
6. DUTY TO INVESTIGATE AND GIVE NOTICE, LIABILITY FOR DEFECTS
6.1. You are obliged to inspect the delivered products as soon as it is practicable in the normal course of business and to notify us immediately of any defects detected at firstname.lastname@example.org . If you fail to do so, the products will be deemed approved. In any case, the approval is deemed to have been granted unless the customer has submitted a notice of defect by e-mail to Shinwazen within 8 days of delivery.
6.2. Defects that were not recognizable by proper inspection in accordance with the preceding paragraph must be reported to our customer service immediately after discovery by e-mail email@example.com, otherwise the ordered products will also be deemed approved with regard to these defects.
6.3. The defective product must be returned with a copy of the invoice/delivery note and a detailed description of the defect. The return address will be communicated to the buyer by e-mail upon receipt of the written complaint. The transport costs incurred are at the expense of the customer.
6.4. We provide warranty by remedying defects. At our discretion, this is done either by subsequent performance, namely the elimination of a defect (rectification) or delivery of a defect-free item (replacement delivery). Substituted products become the property of the seller.
6.5. If the subsequent performance fails, the customer is entitled to withdraw from the contract. This does not apply in the case of insignificant defects. The customer`s right to a reduction is excluded. This exclusion of liability also extends to all claims that compete with warranty rights, be it those arising from the contract (Art. 97 et seq. CO), tort (Art. 41 et seq. CO), rescission of the contract due to error (Art. 23 et seq. CO), etc.
6.6. The warranty does not cover normal wear and tear as well as the consequences of improper handling or damage by the buyer or third parties, as well as defects that can be traced back to external circumstances:
• In particular, worn, soiled or damaged items are excluded from the warranty.
• Incorrect storage or incorrect estimation of drinking maturity (i.e. premature/delayed consumption) are not considered warranty cases. 6.7 The Customer does not receive any guarantees in the legal sense from the Seller. Of course, this does not affect the manufacturer`s warranties. The Seller assumes no liability for the descriptions of third parties, in particular customers in the context of customer reviews published in the online shop or our social media presences.
7. RETURN POLICY
7.1. The customer has the right to return the delivered goods within 10 calendar days (from the date of delivery or confirmation of receipt). The return deadline is met if the goods are handed over to the post office or another shipping company for return on the last day.
7.2. The goods must be delivered in their original packaging, complete with all accessories and accompanied by the completed delivery note/return note and any warranty certificate. Products sealed and sealed in plastic can only be returned if they are unopened. Any seal must not be broken. Food is excluded from the right of return.
7.3. The goods must be returned to the following address, enclosing the completed return form included in the delivery and a copy of your invoice received by e-mail: Shinwazen by Daiginjo GmbH, Zwinglistrasse 11, 8004 Zurich
7.4. The cost of the return shipment will be borne by Shinwazen. Shipping costs and gift wrapping costs are non-refundable. Promotional and discount vouchers are also non-refundable. If the goods are not returned in proper condition, we will charge you for the loss of value incurred. The return of the goods can be made at Shinwazen`s store.
7.5. In the event of proper return of the goods, we will refund the total price paid to the customer by means of a credit note after the goods have been inspected. A refund will always be made to the means of payment used for the purchase. In the event of any refunds from purchase on account, we will refund the amount to the corresponding account.
8.1. All cases of breach of contract and their legal consequences, as well as all claims of the Customer, regardless of the legal basis for them, are conclusively regulated in these GTC. Other claims of the buyer – regardless of the legal basis – are excluded to the extent permitted by law. The seller, its assistants and any vicarious agents are not liable for damages that have not occurred to the goods themselves, in particular not for consequential damages, loss of profit or other financial losses of the buyer.
9. SALE OF ALCOHOLIC BEVERAGES
9.1. In our online shop, we generally do not sell alcohol to young people under the age of 18. In order to comply with this regulation and the legal requirements, the buyer confirms that he is at least 18 years old by sending his order. In the case of a first-time order/guest order containing alcoholic products, proof of age will be provided in the check-out process. Age verification is carried out automatically and in real time by comparing it with the data from your billing address and that of your identity document. The photo and/or video recordings of the identity documents will be deleted after 90 days on the partner server. Shinwazen stores in the customer data only the information whether the age verification was successful and only for as long as it is necessary to fulfill the purpose.
10. DATA PROTECTION
10.2. The Client hereby consents to the storage of personal data entered by him in the course of using the Website. This also applies to the storage of IP addresses that are transmitted each time the website is used. The customer also consents to the use of personal data for the personalization of advertisements and product offers placed on the website. Personal data will not be passed on to advertisers.
10.3. The Customer further agrees that the Seller may use the Customer`s personal data for direct marketing purposes. This includes addressing customers for advertising purposes by e-mail and by post.
10.4. By accepting the T&Cs, the customer confirms the correctness of the information provided and authorizes Shinwazen by Daiginjo GmbH to obtain all information necessary for the verification of the order from public authorities, credit agencies and the Central Office for Credit Information (ZEK). Existing customers are also checked at regular intervals at the above-mentioned offices.
11. SEVERABILITY CLAUSE & RESERVATION OF AMENDMENT
11.1. Should individual provisions of these GTC be invalid or incomplete, or should fulfilment become impossible, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid provision with a permissible effective provision which, in terms of its content, comes as close as possible to the original intention and the economic purpose pursued by it.
11.2. All changes or additions to these T&Cs must be made in a form that allows proof to be provided by text, such as fax and e-mail. This also applies to a change in the written form requirement. As soon as the customer uses the services of the seller after the change, he implicitly agrees to the new terms and conditions.
11.3. Contractual terms and conditions of the Client to the contrary, including those which the Client declares to be applicable together with the acceptance of the contract, shall not become part of the contract. They are only valid if and to the extent that they have been expressly accepted by the seller in writing.
12. APPLICABLE LAW / PLACE OF JURISDICTION
Swiss law applies exclusively. The place of jurisdiction is the ordinary courts at the registered office of the seller. 13. CONTACT
044 525 9001