Terms and conditions
Delivery terms and conditions
- Deliveries are made only in Switzerland to the address indicated when the customer registers or orders (here after referred as ‘address’).
- If the given address is incorrect or incomplete or if delivery is impossible during normal business hours, LUC MASSY VINS cannot provide any guarantee for the delivery.
- LUC MASSY VINS reserves the right to terminate the contract, in the event that delivery is impossible 2/two) times. Payments already made by the customer will be refunded in this case after deduction of the delivery costs incurred.
- The delivery costs are at the customer's expense. The total amount of delivery costs, including VAT, is indicated on the website and during the ordering process. It may vary depending on the offer or type of product.
- All relevant information on availability and delivery conditions are specified on the website at the time of purchase.
- Once the shipment has been correctly made, LUC MASSY VINS cannot be held liable in the event of theft, loss or any damage to the package or goods.
- The delivery of small quantities (retail packages) is limited to curbside delivery. Delivery to the floor can be requested to the carrier at their conditions, but are not included in the purchase price if this is not expressly mentioned.
- In the event of force majeure, the delivery period may be extended accordingly. In particular, force majeure shall be considered to be a strike, a lockout, an intervention by the authorities, a shortage of energy or raw materials, difficulties in transport, an inability to operate due, for example, to a fire, a flood, damage to machinery, lightning and any other difficulty that LUC MASSY VINS cannot have foreseen and for which it cannot be held liable.
- In the event of a delay, LUC MASSY VINS will inform the customer by email or telephone. In this case, the customer cannot claim a refund or compensation.
- LUC MASSY VINS can only be held liable for damage to the goods during the transport of wine by its own services. Any other liability, in particular in the event of transport by a third party (for ex. the Post), is excluded.
Retention of ownership
Ownership of a product is only transferred to the customer after full payment of the sale price. LUC MASSY VINS is entitled to have a retention of title clause entered in the relevant register of retention of title agreements. By approving these General Terms and Conditions, the customer accepts all the fundamental points of the registration of such retention of title. In addition, it is required to recertify its approval of the fundamental points of the registration of the reservation of ownership to LUC MASSY VINS upon first request and in writing (Art. 4 paragraph 4 of the Ordinance of the Federal Court on the registration of reservation of ownership agreements). The customer is only allowed to resell a product when the purchase price has been paid in full.
Right of withdrawal
- The customer may at any time before delivery of the goods, exercise his right of withdrawal by email or letter without specifying the reasons. If the right of retraction is exercised after the goods have already been sent, the customer must pay the delivery costs incurred to LUC MASSY VINS. Then, the goods must be returned, undamaged within 3 (three) days after delivery, in the original packaging, undamaged and reusable (including label), as well as with the delivery note.
- If LUC MASSY VINS orders are returned, the cost of reshipment is the responsibility of the customer. This also applies to cancellations of orders that the customer has not yet received but which have already left LUC MASSY VINS cellar, and for which delivery can no longer be stopped.
- The customer has the possibility to return the goods either by post or by a private carrier at his own expense and risk. In the event of retraction or exchange, LUC MASSY VINS may also come to collect the order at its own risk and at the customer's expense.
- If the return is due to an error by LUC MASSY VINS, the amount paid will be credited in favor of the customer to the bank he/she provides. The shipping costs related to the return of the merchandise will be credited in the form of a voucher or compensation.
- The return is however excluded in the case of the following deliveries:
- The customer must check the delivery as soon as possible.
- If the delivered product does not correspond to the ordered product, if the product is defective (in particular defective, cork taste, it being understood that the defect must not be attributable to the customer, e. g. inappropriate storage, etc.) or if the delivery is incomplete, the customer must notify LUC MASSY VINS within 3 (three) working days following the discovery of the defect by email, post or telephone (021 799 21 47). In this case, LUC MASSY VINS will provide an equivalent product as a replacement, subject to availability, in particular due to the year of production, the delivery costs being borne by LUC MASSY VINS.
- The customer must then return the product concerned to the address LUC MASSY VINS, Route de la Corniche 11, 1098 Epesses within 3 (three) working days of the defect being reported. He will receive the necessary instructions and assistance directly from LUC MASSY VINS.
- LUC MASSY VINS does not assume any risk related to the supply. LUC MASSY VINS is only responsible for delivery based on the existing stock of products.
- If a replacement delivery is not possible for reasons not attributable to LUC MASSY VINS, LUC MASSY VINS cannot be held responsible and therefore has no obligation to compensate the customer.