These General Terms and Conditions of Business (as amended) shall apply to business relationships of any kind between Star Tender AG, Querstrasse 6, 8212 Neuhausen am Rheinfall, Switzerland and the customer. Contrary conditions deviating from our terms and conditions will not be acknowledged unless we have expressly and in writing given our consent in regards to their validity. Our terms and conditions also apply when we do deliver implicitly, although being informed of a contrary and deviating condition. The Star Tender AG Switzerland operates for commercial purposes under the website www.wunderbar-switzerland.ch an online shop for alcoholic drinks and accessories. The customer has the option to select products on the website from the respective range of the Star Tender AG Switzerland and order.
The product display in the online store does not constitute a legally binding offer; instead it is merely a non-binding online catalogue of the range of products available. In case of an order in the online-shop, the customer makes a binding offer once he has clicked on the button “order now” for all items in the shopping cart. Before delivery, we enable the customer to review and, if necessary, correct the order regarding its correctness and the data of value and quantity. After sending the order, the customer receives an order confirmation (= confirmation of order reception) which is not to be considered our accepting of the contract. The contract is concluded through sending of a separate order confirmation within one working day or via delivery of the goods. Delivery within Switzerland will be free of shipping costs starting from a purchase order value of CHF 500.-. For deliveries with a purchase order value of under CHF 500.00 we charge a surcharge for small quantities of CHF 35.-.
Statutory right of withdrawal
If the customer is a consumer, he/she shall be entitled to withdraw from this Contract within fourteen (14) days without giving any reason for doing so. The deadline for withdrawal shall be fourteen (14) days from the date on which the customer or a third party appointed by the customer, who is not the carrier, takes possession of the final goods delivered.
In order to exercise the statutory right of withdrawal, the customer must notify us of his/her decision to withdraw from this Contract in a clear declaration (e.g. by sending a letter by mail or email):
Star Tender AG Switzerland, Querstrasse 6, 8212 Neuhausen am Rheinfall, Switzerland
Tel: +41 79 8443647
E-Mail: info@wunderbar-switzerland.ch
Internet: www.wunderbar-switzerland.ch
The customer may use the contact form template for this purpose; however, this is not obligatory.
The withdrawal deadline shall be deemed to be met if the customer sends the communication concerning the exercise of the right of withdrawal before the expiry of the deadline.
Consequences of withdrawal
If the customer withdraws from this contract, we must reimburse any payments we have received from the customer, including delivery costs (excluding any additional costs incurred if the customer has selected a different type of delivery to the cheapest standard delivery option offered by us) without delay, but no later than fourteen (14) days after the day on which we receive the notice of the customer’s withdrawal from this Contract. We will use the same payment method the customer used for the original transaction in order to provide the reimbursement, unless otherwise expressly agreed; under no circumstances will the customer be charged a fee for this refund. We may withhold the reimbursement until we have received the returned goods or until the customer has provided proof that he/she has returned the goods, whichever is earlier.
The customer must return or hand over the goods to us without delay and no later than fourteen (14) days from the date on which he/she notifies us of withdrawal from this contract. The deadline is deemed to be met if the customer sends the goods before the expiry of the fourteen-day deadline. We shall bear the costs of returning the goods.
The customer shall only be liable for any diminished value of the goods if this loss in value is attributable to any use or handling of the goods which is not deemed necessary in order to verify the condition, features and functioning of the goods.
Exclusions from the statutory right of withdrawal
The statutory right of withdrawal shall not apply in the following cases:
– delivery of goods which are not prefabricated and have been manufactured on the basis of a personal choice or according to customer specifications, or of goods which have clearly been tailored to the customer’s personal requirements.
– delivery of sealed goods which are not suitable to be returned for reasons relating to health protection or hygiene if their seal has been removed after delivery.
If the customer is a business (as per Swiss Civil Code), delivery shall generally take place at the customer’s risk. This also applies for partial deliveries. If the customer is a consumer within the meaning of § Swiss Civil Code, the risk of accidental loss and accidental deterioration of the sold goods shall only pass to the customer upon handover of the item, even in case of sales involving the carriage of goods. Handover shall be deemed to have taken place even if the buyer delays in accepting the goods. Delivery shall be to the delivery address specified by the customer.
All prices are cash prices and include VAT plus any applicable charges for packaging and carriage. Delivery within Switzerland will be free of shipping costs starting from a purchase order value of CHF 500.-. For deliveries with a purchase order value of under CHF 500.00 we charge a surcharge for small quantities of CHF 35.-. The international shipping charges are declared on our shop site. Additional customs duties and charges for deliveries to countries outside Switzerland and the EU (third countries) shall be borne by the customer.
The goods must be thoroughly inspected by the customer or an authorised individual upon receipt in order to detect any transportation damage if the customer is a merchant within the meaning of the Swiss Commercial Code. Customers who are merchants within the meaning of the Swiss Commerical Code must ensure that any transportation and packaging damage detected is confirmed in writing by the carrier upon delivery and reported. We also ask, without legal obligation, that customers who are consumers notify us of any clearly identifiable transportation damage.
Obstacles beyond the freight forwarder’s control relieve him, for their duration, from the duties that are affected by these obstacles. Obstacles can be strikes and lockouts, force majeure, riots, war or terroristic acts, administrative measures as well as other unforeseeable, unavoidable and major events. These events can also be deemed unforeseeable and unavoidable (such as, f. e., delay in delivery by subcontracting companies, lack of raw material or energy, considerable operational disturbances due to, f. e., the complete or partial destruction of the business or the breakdown of an indispensable manufacturing plant), when they would make the delivery unreasonably hard or temporarily impossible.
In case of an exempted obligation to perform, every contractual party is obliged to immediately notify the other party and to reduce the repercussions on the other party as much as possible.
If the performance is permanently impossible, the customer’s statutory rights remain unaffected.
To purchase products from us you must be over 18 and possess a valid credit or debit card issued by a bank acceptable to us. The age will be checked on delivery. If it is not possible for the distributor to check the proof of age the goods cannot be delivered. The customer or his legal representative has to replace any damage to Star Tender AG Switzerland.
You can pay for your goods in various ways as set out below:
Prepayment, Credit Cards, Paypal
Prepayment
Add your reason for bank transfer.
PayPal
In case of payment by Paypal, please log into your PayPal-account. Afterwards you are free to pay via debit entry, credit card, online wire transfer (through giropay) or deduction from your Paypal account. To pay with your credit card or deduction, you will need to enable these functions in your Paypal account. Further information regarding the PayPal-payment procedures can be viewed here http://www.paypal.com.
The prices displayed at wunderbar-switzerland.ch include the statutory Value Added Tax but do not include a delivery charge. Unless otherwise specified, the Supplier shall be bound to the prices contained in its offers for 30 days from their date.
In the case of contracts with consumers we retain the ownership of the goods up until the complete payment of the agreed compensation.
Regarding contracts with business clients, we reserve the right of ownership of the goods until after the settlement of all claims on the client, even if the actual goods have been paid already.
Until such time as the property ownership has been transferred, the customer has to inform us immediately in writing if the delivered goods are impounded, or exposed to other interventions of third parties. Unless third parties are incapable of reimbursing our judicial and extrajudicial costs for an action, the customer shall be liable for any expenses defrayed by our company.
Star Tender AG Switzerland shall be liable for damage arising from causes other than the detriment to life, body and health only to the extent that such damage arises from willful misconduct, gross negligence or the culpable violation of a fundamental contractual obligation on the part of Star Tender AG Switzerland or a vicarious agent (e.g. the delivery service) of Star Tender AG Switzerland. Any further liability for damages shall be excluded. The provisions of the Swiss Product Liability Act shall remain unaffected. In the event of a negligent breach of a material contractual obligation, the liability of Star Tender AG Switzerland shall be limited to foreseeable damage.
If the customer accepts the goods or the object of the order despite being aware of a defect, the customer shall only be entitled to assert warranty claims to the extent described below if he / she has expressly reserved the right here to in writing immediately after receiving the goods.
Warranty claims on the grounds of transportation damage may only be asserted by the customer if the obligation to inspect and report in accordance with § 2 item 4 has been fulfilled. This does not apply if the customer is a consumer.
Warranty formalities shall otherwise be carried out in congruence with the legal regulations.
If there are defects in the goods you have purchased, Star Tender AG Switzerland abides by all statutory guarantee regulations. If you have a complaint regarding obvious material or manufacturing faults in goods that we have supplied, including damage incurred in transit, please let us know by returning the goods to us without delay by using the provided pre-printed return form.
Our liability for contractual breaches of duty as well as for offenses is limited to premeditation and gross negligence. This shall not apply for damages arising from injury to life, body or health. Unaffected by this remains also the liability, where a cardinal obligation has been violated, i.e. an obligation whose fulfillment is a prerequisite for enabling the proper fulfillment of the contract in the first place and in which the customer may normally trust; as well as default cases (§ Swiss Civil Code). The imperative provisions of the Swiss Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
Star Tender AG Switzerland will exclusively collect, process and save all personal data communicated by the customer (title, name, address, date of birth, email address, phone number, fax number, bank details, credit card number) according to the provisions of EU General Data Protection Regulation (GDPR). The customer’s personal data, insofar as this is necessary for establishing, configuring content or modifying the contractual relationship (master data) will exclusively be used to handle purchase agreements concluded between the customer and Star Tender AG Switzerland, for instance to deliver goods to the address indicated by the customer. The legal basis for data collection is therefore Art. 6 Para. 1 b) and f) GDPR. The customer’s personal data that is required in order to accept and settle the offer (usage data) will also exclusively be used to settle purchase agreements concluded between the customer and Star Tender AG Switzerland. Such usage data particularly includes characteristics that identify the customer as a user, information regarding the start, end and scope of the respective usage and information about the telecommunications media utilized by the customer as user. Data will initially be stored for as long as is required for its purpose. However, the maximum storage period is 10 years from the time of recording or the last data reconciliation, depending on the last data processing operation. If there has been no data reconciliation for more than 10 years (i.e. no online order), the data will be erased from the central system. The customer has the right to access his personal data that has been collected, processed and used at any time. The data protection obligations from Art. 15-21 will be complied with in full. Requests for access are to be sent to info@wunderbar-switzerland.ch
The customer has also been informed in detail about the type, scope, location and purpose of the collection, processing and use of the personal data required to fulfil orders and his right to object to the use of the anonymized user profile for the purposes of advertising, market research and the needs-oriented design of the service.
Star Tender AG Switzerland
Registered Office: C/O BMO, Querstrasse 6, CH-8212 Neuhausen am Rheinfall
Tel: +41(0) 79/8442647
E-Mail: info(at)wunderbar-switzerland.ch
CEO: Hercules Tsibis
Registered number: CHE-113.549.572
Internet: www.wunderbar-switzerland.ch
All image rights belong to the Star Tender AG Switzerland and their business partners. Use without permission of Star Tender AG Switzerland is not allowed. An infringement of the copyright is prohibited and will be prosecuted.
Insofar as nothing else is stated in this contract, our registered office (Neuhausen) shall be the place of fulfillment and the place of payment.
The law of the Federal Republic of Switzerland shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Should the purchaser also be the consumer, this only applies to the extent that they do not lose the protection of binding legal provisions of their state of usual residence.
For contracts with merchants, bodies corporate under public law or bodies with special assets under public law, the court of our registered office is the exclusive place of jurisdiction in Neuhausen (Local/ Small Claims Court or Superior/ District Court).
In case individual points are legally invalid, the remaining sections of the contract will remain binding. The invalid points will be replaced by the statutory regulations, insofar as these exist. If this would constitute an unreasonable hardship for one of the contracting parties, however, the contract will become invalid as a whole.
Version: January 2022
Star Tender AG Switzerland
Registered office:
C/O BMO, Querstrasse 6
CH-8212 Neuhausen am Rheinfall
T +41 79 844 3647
Mail: info@wunderbar-switzerland.ch
CEO: Hercules Tsibis
Local Court: Neuhausen am Rheinfall
Registered Number: CHE-113.549.572
Programming and Realisation
Star Tender AG Switzerland
Star Tender AG Switzerland
The person responsible in accordance with the Swiss Telemedia Act of the Swiss Interstate Broadcasting Agreement is Hercules Tsibis.
The European Commission provides a platform for online dispute resolutions under the following link http://ec.europa.eu/consumers/odr/ We shall endeavour to settle any differences of opinion arising from our contract with the customer by mutual agreement. However, we are not obliged to participate in any arbitration proceedings and do not offer the opportunity to participate in such proceedings.
As a service provider, we are responsible for our own content on these pages under general law. However, as a service provider, we are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected. However, liability is only possible in this regard from the time we receive knowledge of a specific infringement. We will remove this content immediately if we become aware of such legal infringements.
Our website contains links to external third-party websites over whose content we have no influence. Therefore, we also cannot accept any liability for this third-party content. The respective provider or operator of the pages is always responsible for the content of linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not apparent at the time of linking and constant monitoring of the content of the linked pages is not reasonable without specific evidence of an infringement. We will remove such links immediately if we become aware of legal infringements.
The content and works created by the website operator on these pages are subject to Swiss copyright. The reproduction, editing, dissemination and any other type of use outside of the restrictions of copyright law requires the written approval of the respective author or creator. Downloads and copies of this website are only permitted for private non-commercial use. If the content of this website was not created by the operator, third-party copyrights are observed. In particular, third-party content is identified as such. However, if you become aware of a copyright violation, please inform us accordingly. We will remove such content immediately if we become aware of legal infringements.
The gender-specific spelling has been omitted for the sole purpose of better readability. All personal names on the website (and all integrated documents) are therefore to be understood as gender-neutral. The shortened form of language has purely editorial reasons and does not contain any evaluation.