Terms of service

General Terms and Conditions (GTC)

Scope of application

These GTC apply to all transactions, purchases and reservations made by customers via the online shop proseccheria.ch and the business premises of the following company:

Factory21 GmbH
Bederstrasse 77
8002 Zurich
Switzerland

Registration number: CHE-265.830.427
Phone: +41 78 908 06 03
E-Mail: info@proseccheria.ch

Proseccheria's product range is centred on the sale of Prosecco. Customers also have the option of booking events and seminars.
Any contractual conditions that deviate from the GTC are only valid if we have expressly accepted them in writing. This includes conditions that customers declare applicable together with the acceptance of the contract.
The GTC that are valid at the time of the order, reservation, booking or transaction shall apply. We reserve the right to amend these GTC at any time and without prior notice.

Subject matter and language of the contract
The offer in the online shop and in the shops is aimed exclusively at consumers of legal age who have their habitual residence in Switzerland and can provide a delivery address in Switzerland or Liechtenstein. For the purposes of this provision, a consumer is any natural person who concludes a contract for a purpose that is intended for their private and/or family, non-commercial needs. Purchases in the online shop or in the shop for commercial purposes are prohibited. In particular, the commercial resale and distribution of products ordered via the online shop or purchased in the shop is prohibited.
The contract language is German.

Offer and conclusion of contract
The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order.

An order only becomes binding when the customer has entered all the necessary data for the contract processing, has taken note of the General Terms and Conditions and has clicked on the ‘Order with obligation to pay’ button. Before clicking this button, the customer can first select products from our range without obligation and place them in the shopping basket by clicking the ‘Add to basket’ button. Before sending the order, the customer has the opportunity to enter and change the order data. Sending the binding order constitutes an offer by the customer to conclude a contract with us for the products listed on the order page and is done by clicking on the ‘Order with obligation to pay’ button.

Immediately upon receipt of the order, we will confirm receipt of the order.
If a breach of these GTC is detected or suspected. This may be the case if a customer has not paid for a previous order or insufficient credit card cover has been established, the returns rate of a customer is conspicuously high and has not improved despite appropriate information or there is a suspicion that the customer is a commercial buyer. In the event of cancellations or refusals, the customer will be notified by e-mail. Furthermore, we reserve the right to refuse or cancel an order if it is determined that the order was generated by software, machines, crawlers, spiders or other automated web programs or by the use of third-party services used to place the order on behalf of the customer.

The purchase contract is only concluded when we confirm the dispatch of the order by e-mail or by delivering the ordered products. If the order includes several products, the contract is only concluded for those products that are expressly listed in the confirmation e-mail or that have actually been delivered.

Prices and shipping costs
The prices listed in the offer at the time of the order apply. The prices quoted include statutory VAT, any costs for packaging and other price components (final prices) and are in Swiss francs (CHF).

We charge the customer a flat-rate delivery charge of CHF 10.00 for orders.

Terms of delivery
Delivery is only made within Switzerland by Swiss Post.
Unless otherwise stated in the online shop for the respective product, the delivery time is 1 to 3 working days.

After the products have been handed over to Swiss Post, the customer will receive a dispatch confirmation by e-mail containing a consignment number which the customer can use to track the delivery.

If we are unable to meet a delivery deadline for reasons for which we are not responsible (non-availability of the products, e.g. due to force majeure), we will inform the customer immediately, stating the new expected delivery deadline if applicable. If the new delivery period is not acceptable to the customer or if the products are no longer available in part or at all within the new delivery period, both contracting parties shall be entitled to withdraw from the contract with regard to the products concerned. Any consideration already paid by the customer for the unavailable products shall be refunded to the customer without delay.

Delivery is subject to timely and proper delivery by the suppliers. In the event of force majeure such as strikes and other industrial action, riots, war, natural disasters, pandemics, epidemics, official orders and in the event of a delivery block by the manufacturer or upstream supplier, there shall be no delay in delivery. We are not liable for delays in delivery caused by manufacturers or third parties. The customer will be informed immediately in the event of delays in delivery.

If not all ordered products are in stock, we are authorised to make partial deliveries.
Where possible, our consignments will be handed over personally, but without verification of the identity of the recipient at the specified delivery address. If no person is found at the delivery address, the delivery can also be placed in the letterbox if this is possible due to the size of the parcel. Otherwise, the delivery is deemed to have failed and will be repeated at the next possible time and after reasonable advance notice.

If delivery of the ordered products is impossible through the fault of the customer despite three delivery attempts, we may withdraw from the contract. Payments already made by the customer will be refunded immediately.

Payment methods
We generally offer the payment methods Shop Pay, GooglePay and credit card. We reserve the right not to offer certain payment methods for each order and to refer to other payment methods. Please note that we only accept payments from accounts in Switzerland. Any costs of a money transaction are to be borne by the customer.

In the case of purchase by credit card, the credit card account will be debited when the order is dispatched by us.

You agree to receive invoices and any credit notes in electronic or paper form.
Offsetting against unrecognised or not legally established counterclaims of the customer is excluded.

Promotional vouchers
Promotional vouchers are vouchers that are issued by us as part of advertising campaigns with a specific period of validity and cannot be purchased.

Promotional vouchers can be redeemed during the specified period and only once per order process. Some products and offers may be excluded from the voucher promotion. These vouchers cannot be used for the purchase of gift vouchers. Please note that promotional vouchers may be subject to a minimum order value that must be reached in order to redeem the voucher.

The value of the goods must be at least equal to the amount of the promotional voucher or the minimum order value. Any difference to a higher value of goods can be settled using the available payment methods. The value of a promotional voucher is neither paid out in cash nor does it bear interest. If goods are returned in whole or in part, the promotional voucher will not be refunded.

Promotional vouchers can only be redeemed before completion of the order process and cannot be credited retrospectively. They are not transferable. As a rule, it is not possible to combine several promotional vouchers, unless this is expressly permitted.

If you have used a promotional voucher for your purchase and the total value of your order falls below the value of the promotional voucher or the minimum order value due to a cancellation or return, we reserve the right to charge you the original price of the retained goods.

Gift vouchers
Gift vouchers can be used for the purchase of products, but not for the purchase of further gift vouchers. Only one gift voucher may be redeemed per purchase. Any remaining balance will be credited towards future purchases. If the balance of a gift voucher is not sufficient to pay for the order, the difference must be paid using the available payment methods.
Gift vouchers can only be redeemed before completing the order process. The balance of a gift voucher is neither paid out nor does it bear interest.

The validity of gift vouchers is limited to five years from the date of purchase.
In the event of cancellation of the order or return of goods paid for with a gift voucher, the amount paid will be made available for future purchases or credited to the voucher.

Right of return
Irrespective of the customer's warranty rights, the customer also has the right to return goods. The customer can assert this right without giving reasons. If the customer returns purchased products within 14 days in perfect, unused condition and in their original packaging or returns them to a shop, we will refund the full purchase price.
The exercise of the right to return goods is subject to the condition that the returned goods are unopened, complete and undamaged. In the case of wine bottles that have already been opened, a voucher to the value of the amount actually paid per bottle will be issued. However, this special arrangement is limited to a maximum of one bottle per order placed.

The shipping costs for returns are to be borne by the customer.
The right of return does not apply to the purchase of gift vouchers or goods that are not suitable for return due to their nature or that we can no longer accept for sale for other reasons, such as hygiene reasons.

Right of cancellation
Consumers have the following right of cancellation:
Customers have the right to cancel this contract within 14 days without giving any reason. The cancellation period is fourteen (14) days from the day on which the customer or a third party designated by the customer, who is not the carrier, has taken possession of the last product.

In order to exercise the right of cancellation, customers must inform us of their decision to cancel this contract by means of a clear written declaration (e-mail or post).

To meet the cancellation deadline, it is sufficient for customers to send their notification of exercising their right of cancellation before the cancellation period expires.

Consequences of cancellation:
If the customer cancels this contract, we must refund all payments that we have received from the customer, including delivery costs (with the exception of additional costs resulting from the fact that customers have chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day on which we receive notification of the cancellation of this contract. For this repayment, we will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no case will the customer be charged any fees for this repayment. We may refuse repayment until we have received the products back or until the customer has provided proof that the products have been returned, whichever is the earlier.

Customers must return or hand over the products to us immediately and in any case no later than 14 days from the day on which they informed us of the cancellation of this contract. The deadline is met if the customer dispatches the products before the expiry of the fourteen (14) day period. We shall bear the costs of returning the products. Customers shall only be liable for any loss in value of the products if this loss in value is due to handling of the products that is not necessary to check their condition, properties and functionality.
The right of cancellation also does not apply to contracts for the delivery of products that are manufactured according to customer specifications or are clearly tailored to personal needs.

Exclusion of the right of cancellation:
Excluded from the right of cancellation are products that are not prefabricated and for the manufacture of which an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the customer. The right of cancellation also does not apply to contracts for the delivery of sealed products that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.

Prosecco defects
Complaints regarding Prosecco defects that have occurred, such as the presence of a cork flavour, must be reported by the customer to customer service or directly in a shop. Upon receipt of the complaint, we will examine it in detail to determine whether the claim is justified.
If a justified claim is recognised, we will issue a refund. This reimbursement may, at our discretion, either take the form of a replacement bottle or the issue of a corresponding gift voucher. In the event of a refund by providing a replacement bottle, we are not obliged to provide a bottle of the identical vintage.

Conditions for seminars and events
Seminars and events can be cancelled by customers under the following conditions, unless otherwise agreed between the parties:

Cancellation up to 2 days before the start of the course or reservation date: The participant will be given the option of a full refund of the course price or the opportunity to register for another course free of charge.

We reserve the right to charge 50% of the seminar or event costs in the event of late cancellation.

We reserve the right to charge 100% of the seminar or event costs in the event of no-shows.

We reserve the right to cancel seminars and events as follows: If the course is cancelled for unforeseeable reasons, such as lecturer cancellation or technical problems, or if the number of participants is too low, participants will be offered the choice between a full refund of the course price or the option of registering for another course free of charge
Participants who arrive after the start of the course or leave before the end of the course are not entitled to a refund or to make up the missed course content
Rebookings to other courses or dates are possible up to 4 days before the start of the course, but are subject to availability. Rebooking less than 4 days before the start of the course may incur additional fees
Participants who do not attend the course without prior notification (2 days) (no-show) are not entitled to a refund of the course price
Refunds will be processed via the original payment method within 14 days of cancellation
Special conditions apply to private events, which are set out in a separate contract. These GTC do not apply to such events unless expressly referred to in the separate contract.

Retention of title
The products remain our property until full payment has been made by the customer. We are authorised to make a corresponding entry in the retention of title register at the customer's place of residence. Prior to the transfer of ownership, pledging, transfer by way of security, processing or remodelling is not permitted without our consent.

Assignment
We reserve the right to assign or pledge to third parties the purchase price claims due from the customer in connection with delivered orders, including any instalments due.

Warranty
The customer is obliged to inspect the delivered products as soon as it is feasible in the normal course of business and to report any recognised defects to our customer service department without delay. If the customer fails to do so, the products shall be deemed to have been approved. Approval shall in any case be deemed to have been granted unless the customer submits a written notice of defects to Customer Service within 8 days of delivery.
Defects that were not recognisable during proper inspection in accordance with the above paragraph must be reported to Customer Service in writing immediately after discovery, otherwise the ordered products shall also be deemed approved with regard to these defects.

The defective product must be returned to us with a copy of the invoice and a detailed description of the defect. The transport costs incurred shall be borne by the purchaser.
We provide a warranty by rectifying defects. This is done at our discretion either by subsequent fulfilment, i.e. rectification of a defect (repair) or delivery of a defect-free item (replacement delivery). Products returned by customers become our property again.
If the subsequent fulfilment fails, the customer is entitled to withdraw from the contract. This does not apply in the case of insignificant defects. The right to a price reduction is excluded. This exclusion of liability also extends to all claims that compete with the warranty rights, be it those arising from contract (Art. 97 ff. CO), offence (Art. 41 ff. CO), rescission of the contract due to error (Art. 23 ff. CO), etc.
Customers do not receive any guarantees from us in the legal sense.

Benefit and risk
Benefit and risk are transferred to the buyer when the delivery is handed over to the transport company.

Transport damage
If products are delivered with obvious transport damage, the customer must immediately report such defects to the transport company and contact us without delay. Failure to make a complaint or contact us shall have no consequences for statutory claims and their enforcement, in particular warranty rights (see, however, the obligation to give notice of defects in good time). However, the customer shall help us to assert our own claims against the carrier or transport insurance company.

Liability
We are only liable for unlawful intent and gross negligence. Any further liability, in particular liability for slight negligence, is excluded. Liability for auxiliary persons and substitutes is completely excluded.
In particular, we shall not be liable for damage attributable to any of the following causes:
improper, non-contractual or unlawful storage, adjustment or use of the products;
force majeure, in particular damage caused by the elements, moisture, falling and impact, etc., for which we are not responsible, and official orders.

Data protection
The collection and processing of personal data about the customer by us is explained in the privacy policy. The privacy policy is available online.

Final provisions
Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
Swiss law shall apply exclusively.
Any disputes arising from or in connection with these GTC shall be subject to the jurisdiction of the competent court in the city of Zurich. The mandatory statutory places of jurisdiction remain reserved.

Status
01.05.2024