Terms of sale

1. Scope

1.1 These general terms of sale (“Terms”) apply to all orders placed in the online shop vins-porta.porta.vin with:

Domaine Porta
Owner: Jean-Daniel Porta, winegrower and winemaker
Chemin des Daillettes 11
1091 Aran, Canton of Vaud, Switzerland
Telephone: +41 21 799 23 63
E-mail: info@vins-porta.ch
UID / VAT no.: CHE-111.234.034 VAT

(hereinafter “the Estate”).

1.2 They apply to private and professional customers alike, on the same terms.

1.3 The applicable version is the one published on the website at the time of the order. The customer accepts it by ticking the box provided for this purpose before confirming the order.

2. Sale restricted to adults

2.1 Sale is restricted to persons aged 18 and over. The law prohibits supplying alcohol to persons under 16.

2.2 By placing an order, the customer confirms that they are at least 18 years old. The Estate may ask for proof of identity, in particular when an order is collected at the estate, and may refuse or cancel an order if in doubt; any amount already paid is then refunded.

3. Offer and prices

3.1 Wines are offered while stocks last. Photos are for illustration; the label may vary. The vintage shown on the wine’s page and in the basket is the one delivered. If this vintage sells out between the order and dispatch, the Estate informs the customer and offers the next vintage or the cancellation, with a refund, of the line concerned.

3.2 Prices are stated in Swiss francs (CHF), VAT included, per bottle and according to the size chosen. The price per litre is shown on each wine’s page. Delivery costs are added to the price; they are shown at the “Delivery” step of the order, before it is confirmed (clause 6).

3.3 The applicable price is the one displayed at the time of the order. The Estate reserves the right to correct an obvious pricing error; it informs the customer, who may then cancel the order free of charge.

4. Order and conclusion of the contract

4.1 An order is placed in a few steps:

1. choose a wine, its size and, where applicable, its closure, then add it to the basket;
2. check the basket, change the quantities or remove a wine;
3. enter contact details and address, choose delivery or collection at the estate, then the payment method;
4. check the summary (wines, delivery costs, total), confirm being at least 18 years old and accept these Terms;
5. click the “Place order” button, which shows the total amount.

Until this last click, the customer can go back and correct any data entered.

4.2 Clicking “Place order” constitutes a binding offer. The Estate confirms the order by e-mail without delay; the contract is concluded when this confirmation is sent. The customer keeps this e-mail, which summarises the order; if the customer has created an account, the order can also be viewed there.

4.3 The Estate may refuse or cancel an order, in particular if in doubt about the buyer’s age, in the event of an obvious error or if a wine is unavailable. Any amount already paid is refunded without delay.

5. Payment

5.1 Accepted payment methods:

• credit or debit card, processed by our payment provider; the amount is charged when you order;
• bank transfer, in advance: our bank details are on the confirmation page and in the confirmation e-mail. The order is prepared as soon as payment is received. Without payment within 10 days, and after a reminder, the order is cancelled;
• cash on collection at the estate, only for an order collected at the estate.

5.2 The Estate never has access to the full details of payment cards.

6. Delivery and collection at the estate

6.1 The Estate delivers within Switzerland only, by La Poste.

6.2 Delivery costs (amounts per parcel, VAT included): CHF 15.–, whatever the number of bottles. Delivery is free for wine purchases from CHF 350.–, after any discount. The exact amount is shown at the “Delivery” step, before the order is confirmed.

6.3 Paid orders are normally dispatched within 3 to 5 working days; delivery follows within the carrier’s usual timescales. These timescales are indicative. If delivery has not taken place 30 days after the conclusion of the contract, the customer may cancel the order and be refunded.

6.4 If nobody is in, the carrier leaves a collection notice. A parcel that is not collected and is returned to the Estate may be sent again at the customer’s expense.

6.5 Collection at the estate: free of charge. The customer is notified by e-mail when the order is ready. It can be collected during direct-sales hours (Saturday 9 am – 12 noon, April to December, or by appointment) and remains reserved for 30 days. Proof of identity may be requested.

7. Transfer of risk and breakage

7.1 By derogation from Art. 185 of the Code of Obligations (CO), the risk passes to the customer when the parcel is handed over (delivery or collection), and not on dispatch. Breakage during transport is therefore borne by the Estate.

7.2 The customer checks the parcel on receipt. A visibly damaged parcel is, if possible, reported to the delivery person. Any broken bottle or damaged parcel is reported to the Estate within 5 days of receipt, with photos, by e-mail to info@vins-porta.ch. The Estate replaces the bottles concerned free of charge or, if the wine is no longer available, refunds them.

8. Warranty and complaints

8.1 Wine is a living product. Natural deposits (tartrate crystals, sediment in red wines) and variations from one vintage to the next are not defects.

8.2 A defective wine (for example a corked wine) or a delivery error is reported to the Estate as soon as it is discovered (Art. 201 CO). For a defective wine, the customer keeps the bottle, at least two-thirds full, and gives the order number. The Estate replaces the bottle with the same wine or, failing that, refunds it; it takes back, at its own expense, a wine delivered in error.

8.3 Warranty claims become time-barred two years after delivery (Art. 210 CO).

8.4 The Estate’s liability is excluded to the extent permitted by law; it remains in full in the event of wilful deceit or gross negligence (Art. 100 CO).

9. No right of withdrawal — returns

9.1 Swiss law provides no general right of withdrawal (“right of cancellation”) for online purchases: Art. 40a et seq. CO cover only certain sales made at the doorstep, in the street or by telephone at the seller’s initiative. A confirmed order is therefore binding, subject to clauses 4.3, 6.3, 7 and 8.

9.2 Delivered wines are neither taken back nor exchanged, except in the cases set out in clauses 7 and 8.

10. Gift vouchers

Gift vouchers are valid for two years from their date of issue; their expiry date is shown on the voucher. They are redeemed at the estate, not in the online shop; they cannot be exchanged for cash.

11. Data protection

The Estate processes customers’ personal data in accordance with its privacy policy.

12. Changes to the Terms

The Estate may change these Terms at any time. The version applicable to an order is the one accepted when placing that order.

13. Applicable law and place of jurisdiction

13.1 The contract is governed by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

13.2 For consumers, the place of jurisdiction is that provided for by Art. 32 of the Civil Procedure Code (CPC) (in particular the consumer’s domicile when the consumer brings the action). For professional customers, the exclusive place of jurisdiction is the Estate’s registered office in Bourg-en-Lavaux (VD).

14. Language

These Terms are drawn up in French. In the event of a translation, the French version prevails.