Terms & Conditions
1. Prices
Prices include VAT, and don't include duty, are ex-cellar from Stabio, Switzerland, or when agreed, from AVU's bonded account: London City Bond – Burton on Trent UK; Bordeaux City Bond – Blanquefort FR; AVU WINES – Léon ES.
Prices are in Swiss Francs or Euro per unit.
Any onward delivery charges, duty and VAT will be charged as appropriate upon shipment (see below article 5). Prices in currencies other than Swiss francs or Euro are for informational purposes only and do not represent any offer by AVU SA or any binding conversion rate. All wines are offered subject to market movement and to remaining unsold.
2. Payment
All prices are net and payment is due upon receipt of invoice and before collection/shipment. All invoices must be PAID IN FULL, including any bank commission fees that may be deducted. Late and overdue payments are subject to a 1 % interest fee per month. The interest charges will accrue 15 days from date of invoice. Any deductions made will be debited. AVU SA will only accept payments by bank transfer in Swiss francs or Euro. No credit cards nor cheques will be accepted. In the event of non-payment or partial payment of an account within the specified terms, AVU reserves the right to cancel and charge a cancellation fee of 35% of the outstanding amount
3. Quality, defectiveness and notification of defects
AVU SA undertakes the proper safekeeping and storage of wines in its possession but is not responsible or liable for the state and condition of the wines or whether the wine corresponds to the quality which might be expected from its description. According to the provisions of the Association of Swiss Wine Commerce, defective bottles will only be replaced if it is a Swiss or foreign wine bottled in Switzerland and within a year following the purchase of the goods. Foreign wines bottled in the production country or elsewhere will not be replaced nor credited. AVU SA must be notified of any defects or irregularities no later than 8 days after the collection or the receipt of the goods.
4. Property
AVU SA will remain proprietor of the goods until full payment. No collection or delivery of the goods will be allowed until full payment of the sums are received. Paid orders can be held against any outstanding overdue invoices until all accounts are paid.
5. Collection and Delivery
The buyer must arrange collection of any ordered goods within 60 days of the invoice date. After this period, and in accordance with AVU SA’s storage terms and conditions, the wines will be transferred to AVU SA’s cellars and stored at the buyer’s expense. A copy of the applicable storage terms is available upon request. The buyer may request AVU SA to organize delivery. In such cases, AVU SA will assess the feasibility of delivery to the specified destination and provide a quotation for the associated costs. All delivery costs shall be borne exclusively by the buyer. AVU SA will most likely engage a third-party courier for the delivery and reserves the right to select the shipping provider at its sole discretion. In such cases, delivery is made entirely at the buyer’s own risk, and confirmation will be provided in writing.
Upon request, AVU SA may act as the buyer’s representative to arrange transportation. However, AVU SA accepts no liability for any failure or fault on the part of the carrier, including but not limited to damage, delay, or loss occurring during transit. The applicable Incoterms shall remain Ex Works (EXW), without exception. If the buyer requests insurance coverage, the shipment will be insured under an “all risk” policy for the value invoiced, covering breakage, loss, damage, or theft. Any damage must be reported immediately upon receipt of the goods. Although AVU SA will assist in the claims process, it shall not be held liable for any transport-related damage. Refunds or replacements, if any, will only be processed once the insurance company has confirmed acceptance of the claim and agreed to pay compensation.
5.1 In the event of a dispute between the insurance company and the buyer, AVU SA shall act solely as a neutral intermediary. Under no circumstances shall AVU SA advance or guarantee any refund or replacement in the event that the insurance company refuses to pay.
5.2 If the buyer arranges transport independently, the buyer assumes full responsibility for the shipment, including arranging adequate insurance coverage.
6. Purchase orders
Orders that are made in writing can be by fax, email or any other electronic method. Orders made verbally will be confirmed with an invoice. Any discrepancies must be communicated to AVU SA within 7 days. AVU SA has the right to (i) cancel the order or (ii) adjust the prices following any delay in payment or any increase in taxes, duties or shipping. No reminder or 'Notice to Pay' shall occur.
7. Age restrictions
By placing an order with AVU SA, the buyer confirms that he or she meets the minimum legal age for purchasing alcohol in the country where he or she lives. If AVU SA discovers that the buyer is not legally entitled to purchase alcohol, AVU SA shall be entitled to cancel the order immediately and without notice.
8. Liability
AVU SA is not liable for any defect of the goods, except for the right to replace according to article 3 of the present Terms and Conditions. AVU SA's liability for any other failure to perform its obligations is limited to damages caused by gross negligence or intention.
9. Governing law
All contracts are governed by Swiss material law, with the exception of international private law regulations.
10. Jurisdiction
Any disputes arising from or in connection to this contract shall be exclusively judged by the competent court of Lugano. AVU SA also has the right to assert its rights before the courts of the competent jurisdiction of the buyer. The buyer declares to elect Melide (Ticino, Switzerland) as special domicile according to article 50 par. 2 of the Swiss Federal Law on debt collection and bankruptcy (Swiss Federal Law on Bankruptcy, RS 281.1).
AVU SA
Via Carona 2
6815 Melide, Switzerland
+41 91 252 48 88
info@avu.wine