Termini e Condizioni

GENERAL CONDITIONS OF SALE FOR ONLINE PURCHASES ON THE TAMARO DRINKS SA ONLINE E-SHOP – www.sanclemente.ch

Seller
Tamaro Drinks SA
Via Marü 30 6806 Monteceneri-Sigirino
Switzerland
CHE-103.397.013
E-mail: sanclemente@sanclemente.ch
Site Web: www.sanclemente.ch

Introductory article: Definitions

“Order(s)”: shall mean the order(s) of “Products” (refer to the definition hereunder) placed by Purchaser.

“Terms & Conditions”: shall mean this Terms & Conditions: GENERAL CONDITIONS OF SALE FOR ONLINE PURCHASES ON THE TAMARO DRINKS SA ONLINE E-SHOP - www.sanclemente.ch

“Workday(s)”: shall mean any calendar day other than Saturdays, Sundays and days which are deemed holidays in Switzerland during which TAMARO DRINKS SA’s offices are open for business.

“Delivery”: shall mean the delivery of “Products” (refer to the definition hereunder) included in an Order.

“Payment”: shall mean the payment of the price of the “Products” (refer to the definition hereunder) ordered by Purchaser

“Products”: shall mean the bottles of SAN CLEMENTE mineral water as well as bottles of SAN CLEMENTE Soft Drinks and in general all the products listed in this website, and whose characteristics and specifications are described under “PRODUCTS” in this website.

“Personal use (Maximum Order Quantity)”: shall mean the maximum quantity of liters of Products that TAMARO DRINKS warrants to deliver to Purchaser via online shop for each month, namely a maximum of 200 liters pro month, in accordance with the term: Personal use.
For request of orders of more than 200 liters pro month the Purchaser shall contact directly by e-mail TAMARO DRINKS SA in order to set up a specifically offer highlighting specific clauses.

“Delivery deadline”: shall mean the date on which TAMARO DRINKS SA will deliver the Products.

“Territory”: shall mean the territory of Switzerland

“Specifications”: shall mean all information setting forth the characteristics and specifications of the Products, of which Purchaser recognizes TAMARO DRINKS’s exclusive ownership.

“force majeure”: any circumstances which make impossible fulfillment of the Parties` contractual obligations (with no faults of the respective parties) arise from war, military operations of any kind, blockade, prohibition of export or import, geological problems of water supply, environmental circumstances (drought, fire, flood, earthquake, etc), government restrictions of all kinds that do not allow or limit the production and/or marketing of TAMARO DRINKS products in general (not only in the Territory).
Certificates issued by the respective Chamber of Commerce of Seller's or Buyer's country for circumstances in the relevant matter or any certificates issued by a competent respective Authority of Seller's or Buyer's country for circumstances in the relevant matter or certificates issued by a subject matter expert (e.g. a geologist) chosen by TAMARO DRINKS for circumstances in the relevant matter shall be sufficient proof of such circumstances and of their durability.

1. Applicability

   1. These general sale conditions apply to all offers, orders and contracts for the purchase of Products on the Tamaro Drinks SA online e-shop (www.sanclemente.ch).
   2. These Terms & Conditions prevail over the general conditions of a Purchaser which would be included or to which would be referred to in an order(s), in an e-mail or in another document. Any deviation from these Terms & Conditions is only valid if it has been previously approved by Tamaro Drinks SA in writing.

2. Sales Offers / Orders

   1. The sales offers for Products that can be purchased via the Tamaro Drinks SA online e-shop are only applicable for purchase for Personal use (Maximum Order Quantity).
   2. Tamaro Drinks SA may refuse orders if there are indications that the quantities ordered or other elements indicate that they are not intended for personal use, if the quantities ordered exceed the Maximum Order Quantity or the products are no longer in stock or cannot be delivered within the time specified in the order. Tamaro Drinks SA may refuse orders also if there are indications that the Purchaser is not 18 years old.
   3. Sales offers including prices and delivery costs are only valid for the period specified on the website or in the Tamaro Drinks SA online e-shop and, in any case, always subject to products availability.
   4. Subject to the provisions of articles 2.1 to 2.3, an order can only give rise to a binding sales contract if the electronic order form has been fully filled in, the privacy policy has been read, the agreement with the conditions of sale has been confirmed by the Purchaser and the related invoice has been processed and sent to the Purchaser. By sending the electronic order form, the Purchaser undertakes to pay Tamaro Drinks SA the amount indicated on the electronic order form for the order placed via the invoice that will be sent by e-mail.

3. Price and payment

   1. The sales contract is concluded at the prices indicated at the time of placing the electronic order in the online e-shop for the products ordered. The prices indicated for the products are expressed in Swiss Francs and include VAT. Delivery costs are not included in the prices indicated for the products and are mentioned separately.
   2. The price of the products purchased, including delivery costs, must be paid in full by the Purchaser within 3 days from receiving the related invoice by e-mail. The related invoice will be sent immediately after sending the electronic order form.
   3. Once payment has been received by Tamaro Drinks SA in accordance with the instructions on the related invoice, Tamaro Drinks SA will deliver the ordered product.
   4. All Payments must be made in CHF on the bank account in Switzerland as indicated on the related invoice. No deduction from the total amount shown on the invoice shall be effected.

4. Delivery

   1. TAMARO DRINKS SA agrees to deliver to the Purchaser the Products which the latter has ordered and paid for in accordance with the terms of this Terms and conditions. The delivery of the ordered product will take place between 2 and 4 working days after receipt of the aforementioned (point 3.) payment. The delivery times indicated by the Purchaser in the electronic order form are only indicative. Tamaro Drinks SA will make all reasonable efforts to meet the delivery date or period specified by Tamaro Drinks SA. Tamaro Drinks SA may temporarily suspend deliveries - without this being considered as late execution - if this is appropriate having regard to the nature of the products due to climatic conditions (such as unusually high temperatures).
   2. Deliveries will be validly made to the address indicated in the electronic order form. The products included in Order is considered delivered even if deposited at the address indicated in the electronic order form, even if the Purchaser is absent at the time of delivery. In the event that an incorrect delivery address is provided by the Purchaser, Tamaro Drinks SA may charge the Purchaser for additional delivery costs.

5. Risk and ownership

   1. All risks (loss, damage, theft, …) in connection with the products included in Order will be borne by the Purchaser from the time the Delivery takes place to the address indicated in the electronic order form. The products included in Order is considered delivered even if deposited at the address indicated in the electronic order form, even if the Purchaser is absent at the time of delivery.
      The Transfer of ownership of the products to the Purchaser will take effect at the time of their delivery to the address indicated in the electronic order form. The products included in Order is considered delivered even if deposited at the address indicated in the electronic order form, even if the Purchaser is absent at the time of delivery.

6. Returns/complaints/liability

   1. TAMARO DRINKS warrants that the Products will, at the time and place of their Delivery, conform to the characteristics and specifications described in the Specifications set forth in the related product page of this web site and to the related Swiss Standards.

      Any defect in one or more Products concerning the quality of the Products must be communicated in writing to TAMARO DRINKS SA (via e-mail to sanclemente@sanclemente.ch) no later than 15 workdays from delivery.

      Upon expiry of the said 15 workday period, the Purchaser will be deemed to have received Products in a good state and meeting the current applicable Specifications set forth in this web site and the Swiss Standards, and to have accepted receipt of the said Products.
      Subject to, on the one hand, Purchaser’s written notification to TAMARO DRINKS SA within the above-mentioned deadline and, on the other hand, explicit recognition that the Products’ defect arises from facts exclusively attributable to TAMARO DRINKS SA, TAMARO DRINKS SA shall proceed, at its discretion, to replace or reimburse the defect Products at no charge for the Purchaser.
      In the event of a reimbursement, the Purchaser will dispose of the defect Products recognized as non-compliant in accordance with the instructions provided by TAMARO DRINKS SA (either the destruction of the said Products or their return to TAMARO DRINKS SA) with the latter bearing all applicable expenses,

      This replacement or reimbursement warranty within the conditions of the present article is the only warranty, be it explicit, implicit or legal, granted by TAMARO DRINKS SA to the Purchaser, all other warranties being excluded.

      Tamaro Drinks SA’s liability for any damage or loss suffered by the Purchaser as a result of a breach of sale contract, a breach of legal obligations or a wrongful act will be - regardless of the replacement or, at Tamaro Drinks SA’s option, of the reimbursement of the price paid by the Purchaser for products proving to have a defect - in any case limited to an amount equal to the price paid by the Purchaser for those products proving to have a defect.
      Tamaro Drinks SA can under no circumstances be held liable for any indirect damage of any kind, whatever the cause and regardless of whether it results from a breach of sale contract or a violation of legal obligations or a wrongful act. Art. 197 ss. of the Swiss Code of Obligations (CO) shall apply.

7. Intellectual property rights

   Tamaro Drinks SA remains the exclusive owner of all intellectual property rights relating to its products and packaging, including specifications.

8. Force majeure

   Tamaro Drinks SA is not responsible for any loss or damage that the Purchaser may suffer as a direct or indirect consequence of the fact that the delivery of the products is hindered or delayed or made impossible or considerably more difficult, more expensive or unprofitable by circumstances or events beyond Tamaro Drinks SA’s reasonable control, including (but not limited to) force majeure.

9. Termination; Consequences of Contract Termination

   1. Without prejudice to other rights, Tamaro Drinks SA may terminate with immediate effect the sales contract(s) concluded with the Purchaser under this expressly resolutive clause in the event that the Purchaser is guilty of a contractual non-performance for which no repair is possible or, when a repair is possible, that the Purchaser has not rectified within ten (10) calendar days of receiving a reminder by e-mail or registered letter.
   2. Either Parties has the right to terminate with immediate effect the sales contract(s) in the event a) one Party invokes one or more reasons for being subsequently unable to fulfil its obligations through no fault of its own (“force majeure”) and/or b) the other Party goes bankrupt (including notably in the event of procedures in order to reach an arrangement with creditors) or goes into liquidation and/or becomes insolvent pursuant to implementing laws applicable to each Party. Upon termination of the sales contract(s) following denunciation (refer to point 9.2 lit. a) of these Term&Conditions) of the same by either Party: neither Party shall have the right to any indemnity and/or compensation related to such termination.
      A termination of the sales contract(s) in relation to point 9.2 lit. a) precludes the right to damages and interests and/or any other legal avenue available to the Terminating Party pursuant to applicable law or pursuant to these Term&Conditions.
   3. A termination of the sales contract(s) in relation to point 9.1 and point 9.2 lit. b) shall not preclude the right to damages and interests and/or any other legal avenue available to the Terminating Party of the sales contract(s) pursuant to applicable law or pursuant to these Term&Conditions.

10. Miscellaneous

    1. Unless otherwise provided in these Terms & Conditions, communications between the Parties may also be effected via e-mail.
    2. These Terms & Conditions shall apply to each Order: the contractual provisions of these Terms & Conditions are intended to be integrated in each and every Order.
    3. If one or more provisions in these Terms & Conditions shall be held to be void or invalid, the remaining provisions shall continue to be valid and enforceable, and the Parties shall strive to find a new valid provision that is as close as possible to the purpose of the provision which has become void or invalid.
    4. The failure or delay of a party to invoke a provision of these general conditions of sale cannot be interpreted as a waiver of this provision or of a right defined therein.

11. Applicable Law and Jurisdiction

    1. These Terms & Conditions and any Order associated with said Terms & Conditions shall be subject to Swiss law. The Parties agree that the UN Convention on contracts for the international sale of goods (concluded in Vienna on 11 April 1980) shall not be applicable.
    2. In case of any litigation arising from and/or in relation to the interpretation, application and execution of this Agreement, the Parties hereby grant an exclusive jurisdiction to the competent court of Lugano, Switzerland.