Terms & Conditions
General Sales Terms
For all purposes of those Sales Terms, the following capitalized terms shall have the following meanings:
Purchaser: any person acquiring products for their personal use through the following part of the Website: https://lamagia.grapl.com/.
Sales Terms: the present general sales terms.
Seller: GRAPL SA (CHE-281.043.882), a company incorporated under Swiss laws in Lausanne, Switzerland, domiciled at Passage Saint-François 9, CH-1003 Lausanne, Switzerland (e-mail: email@example.com).
2.2 By submitting an order through the following part of the Website: https://lamagia.grapl.com/, the Purchaser declares being of legal age (including for the purpose of purchasing alcoholic beverages) and having the legal capacity to contract. The Purchaser also acknowledges that he/she has read, understood and that he/she agrees to abide by the Sales Terms without any reserve. Any order implies the prior and express acceptance of the Sales Terms. In case of disagreement with the Sales Terms, the Purchaser shall refrain from ordering through the Website.
2.3 The Seller reserves the right to amend the Sales Terms, at any time and without prior notice, by publishing a new version thereof on the Website (which shall cancel and replace the existing version). Any order made after the publication of a new version of the Sales Terms shall imply acceptance of all provisions thereof.
3.1 The product catalogue contained in the Website does not itself constitute an offer. By ordering through the Website, the Purchaser becomes bound and commits to pay the selected products. The offer shall be accepted by – and the contract entered into with - the Seller only from the moment the Seller sends to the Purchaser a confirmation of the order by email.
3.2 The products are offered for sale on the Website subject to availability. If the Seller is unable to supply the products, it will inform the Purchaser by e-mail and will, if necessary, cancel the order. To the extent that the order has already been paid for by the Purchaser, the latter will be fully refunded without any undue delay.
3.3 The validity of the orders placed by the Purchaser may be subject to maximal or minimal quantities.
3.4 The data registered by the Seller and summarized for the Purchaser in the confirmation of the order shall constitute an irrefutable proof of the order. The data registered by the payment system shall constitute an irrefutable proof of the financial transactions.
3.5 The Purchaser is responsible for obtaining information from the competent authorities regarding possible limitations of use related to the products he/she intends to order.
4. Price and payment modalities
4.1 The prices indicated on the Website may be available in Euros (EUR), Swiss Francs (CHF), US Dollars (USD) and/or Great Britain Pounds (GBP). The currencies available for the purchase of each product are indicated on the Website and may be selected by the Purchaser, it being specified that not all currencies may be available for selection by the Purchaser and such currencies may differ from one product to another. The applicability of the VAT shall be indicated to the Purchaser prior to the order. Our payment provider may suggest converting our prices in foreign currencies at the exchange rate in force at the time of the order. In such a case, this service is rendered by our provider only (to the exclusion of the Seller, which assumes no liability) in accordance with its own terms and conditions. Additional taxes and customs duties may be required by the applicable legislation.
4.2 The delivery costs are invoiced additionally in accordance with the indications specified on the Website at the moment of the order. The costs relating to the access and connection to the Website to place an order remain at the exclusive cost of the Purchaser.
4.3 The only methods of payment accepted by the Seller are those indicated on the Website.
4.4 Any order is subject to the prior payment by the Purchaser of the full amount of the order, as well as the delivery costs.
4.5 Payments are made through servers provided and secured by the Seller's financial partner institutions, so that no financial information about the Purchaser passes through the Seller's servers.
4.6 To the extent permitted by applicable law, the Purchaser bears the risk of a malfunction of the payment system, in full discharge of the Seller.
5. Delivery and passing of risk
5.1 Any order confirmed by the Seller will be delivered to the address indicated on the order.
5.2 Unless specifically agreed among the Seller and the Purchaser, the Seller will ensure delivery within 30 days following the reception by the Purchaser of the order confirmation.
5.3 The risk of loss of - or damage to - the products shall pass to the Purchaser when he/she - or a third party indicated by him/her (and that is not the transporter designated by the Seller) - has acquired the physical possession of the products.
6. Right of withdrawal
6.1 If unsatisfied, the Purchaser shall have a period of 14 days from the date he/she acquires physical possession of the products to exercise his/her right of withdrawal. The exercise date thereof by the Purchaser is decisive to determine whether the deadline is respected. Upon expiration of the deadline, the Purchaser shall be deemed to have waived his/her right to withdraw from the contract.
6.2 The right of withdrawal may be exercised by means of the form provided by the Seller or by a statement submitted via the Website unequivocally setting out the Purchaser's decision to withdraw from the contract. The Purchaser shall then follow the procedure indicated by the Seller.
6.3 In case of withdrawal, the Seller shall reimburse all payments received from the Purchaser in relation with the ordered products (including the costs of delivery, which shall, however, not exceed an amount corresponding to the least expensive type of delivery) without undue delay and, in any event, not later than 14 days from the day on which the Seller is informed of the Purchaser's decision to withdraw from the contract. Without express and prior instruction from the Purchaser, the Seller shall carry out the reimbursement using the same means of payment as the Purchaser used for the order. Notwithstanding the foregoing, the Seller reserves the right to withhold the reimbursement until the first of the two following events occurs: reception of the good by the Seller or mailing by the Purchaser of evidence that he/she has sent back the products. The refund following the exercise of the right of withdrawal is made in full settlement of all claims. The Purchaser may under no circumstances claim additional damages from the Seller, his/her claim being limited exclusively to the full refund of the payment made.
6.4 The Purchaser shall send back the products without undue delay and, in any event, no later than 14 days from the day on which he/she has communicated his/her decision to withdraw from the contract. The date of the dispatch of the products by the Purchaser is decisive to determine whether the deadline is respected. The shipping costs are borne by the Purchaser. The Purchaser shall be liable for any diminished value of the returned products resulting from the handling thereof other than what is strictly necessary to establish the nature, characteristics and functioning of said products.
The products are guaranteed against lack of conformity for a period of 2 years from their delivery date. As a rule, unless it is impossible or disproportionate, the defective goods are repaired or replaced. If reparation or replacements are not possible, the Purchaser is entitled to adequately reduce the price or, in case of a major lack of conformity, to rescind the contract (the goods shall then be returned to the Seller and the price be reimbursed to the Purchaser).
Any claim or question may be submitted to our customer service whose details are the following: firstname.lastname@example.org
8. Liability Waiver
The pictures and texts illustrating and describing the products on the Website are not contractual and are provided for information only. The Seller assumes no liability whatsoever in case of errors and/or omissions in connection with the pictures and/or texts displayed on the Website.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SELLER SHALL NOT BE LIABLE FOR ANY DAMAGE WHATSOEVER RELATED TO THE SALE OR USE OF THE PRODUCTS PROPOSED ON THE WEBSITE.
9. Jurisdiction and Applicable Law
To the extent allowed by applicable law, these Sales Terms are subject to Swiss substantive law.
Subject to mandatory jurisdictions designated by applicable law, the place of jurisdiction shall be at the registered seat of the Seller (subject to an appeal to the Swiss Supreme Court).
Sales Terms updated on 16.12.2022
All rights on the Sales Terms belong to their authors. Any reproduction without prior authorization is strictly forbidden and will result in prosecution.