TERMS & CONDITIONS
Article 1 General - Application of the general conditions
These general conditions of sale apply, without restrictions or reservations, to all sales concluded between Open Bar and customers / buyers / users wishing to purchase the products offered for sale on the website www.open-bar.ch.
The click of the order confirmation implies full acceptance of these terms by the customers / buyers / users. In the absence of other written agreements between the seller and the customers / buyers / users, these general conditions will prevail. Except in specific cases, there is not a handwritten signature of this document that concludes the sale, therefore the confirmation of the order by customers / buyers / users constitutes acceptance of the content of the General Conditions. In case of modification of the General Terms and Conditions, those that are visible on the site at the date of submission of the order are those to be referred to. These general conditions are regulated and subject to the application of Swiss law.
Except for professional buyers, the resale for commercial purposes of items purchased on the Open Bar site is prohibited. Corporate customers must identify themselves at Open Bar. An additional payment period may be granted within legal limits. This period is established on the quotation and is subject to the prior approval of the professional. The quotation is valid for thirty (30) days from the date of issue. The acceptance of the quotation and order is valid for the acceptance of the present general conditions. The order will be prepared once the estimate has been approved by the professional client and all the elements necessary for the preparation of the order have been provided to Open Bar. The penalties for late payment are due from the day following the payment date shown on the invoice.
Article 2 Validation of the order / payment terms / billing / availability:
Orders are final and are only prepared after receipt of payment and all details of customers / buyers / users and the recipient of the order. The preparation of the order depends on the receipt of all these elements. If some items are missing, no delay in delivery can be attributed to Open Bar.
Payments by credit card are insured thanks to the Postfinance system. Open Bar does not store any of the bank details communicated during Internet purchases. These data are obviously not visible online.
Open Bar issues an invoice. It remains available on the site in the "my account" section. A copy is also sent by e-mail to the customer with the order confirmation.
The wines remain the property of Open Bar until full payment of the account. This right of ownership is valid until the balance of the order. It allows to resume, if necessary, the possession of the interested products.
Our offers fall within the limits of available stocks. The availability of the products is indicated on the site when the order is validated. In cases where a purchased product has been noticed as available when it was sold out, Open Bar will contact you within 48 hours to offer you a replacement or to arrange a refund.
Article 3 Rates
Prices are in Swiss francs (CHF). Include VAT
n the case of company accounts, prices will be shown tax free after logging into your account. The payment period depends on the terms of sale that are specifically reserved for you.
Article 4 Delivery
Upon receipt of payment and order confirmation, Open Bar prepares the package. Delivery is made to the address indicated on the order form. Customers / buyers / users must ensure that the details provided are accurate. Open Bar can not be held responsible for delivery problems in case of error or incomplete information in the formulation of the address on the order form. If the goods have been returned due to an incorrect or incomplete address, the customer will be fully responsible for the costs of a new shipment.
Unless otherwise agreed in writing, orders are delivered in a single solution. Delivery is considered complete when the products are delivered to the customer.
The goods travel at the risk and peril of the purchaser. Open Bar can not be held responsible for a postal or transport delivery defect. Any complaints regarding the quality of the delivery service must be sent by email or telephone to Open Bar within 24 hours.
It is up to the buyer to check the condition of the goods during delivery and to express any reservations on the delivery note if they notice any deficiencies, breakages or damage. Customers / buyers / users must also confirm these failings by sending a registered letter with acknowledgment of receipt to the Open Bar within 24 hours of receipt of the goods.
For deliveries outside of Switzerland, you must contact us by e-mail or telephone.
In case of refusal of receipt of the order by the customer, it will be returned to Open Bar at the expense of the customer.
Article 5 Delivery times
Open Bar is committed to doing everything possible to ensure that orders are delivered as quickly as possible. Deliveries do not take place on Saturdays, Sundays, national or cantonal holidays.
The order summary specifies the delivery time. In the event that this period is exceeded for more than 10 working days and the overrun is not justified by force majeure, the customers / buyers / users can request the cancellation of the sale and the reimbursement of all expenses incurred.
Article 6 Legislation for shipments
Orders are subject to current Swiss legislation.
Customers / buyers / users who place an order on the Open Bar website agree to comply with the article Art.13681 CP of the Swiss law on the sale of alcohol by specifying that the sale of alcohol, aperitifs and alcopops is prohibited to minors of eighteen years (18 years) and that of wines, ciders and beers is forbidden to minors of sixteen (16 years). The buyers must therefore be of the required age to place an order and not be subject to protective measures such as protection or trust.
Article 7 Returns
The customers/buyers/ users must in any case inform Open Bar in writing (email,, letter) of his decision before returning the non-conforming goods to the order, in order to ensure an optimal follow-up.
Products must be returned in their original packaging, in good condition and accompanied by the invoice.
Article 8 Litigation
These conditions of sale are subject to the application of Swiss law. All disputes are exclusively subject to Swiss law. The court in jurisdiction is determined by the law. It is located in the canton of the headquarters of www.open-bar.com namely the canton of Geneva.
In case of disputes, the buyer must first contact Open Bar to agree an amicable solution.
- By e-mail firstname.lastname@example.org
- If an amicable solution is not found, the parties confirm their willingness to go through an arbitration process exclusively.
Article 9 Exhaustion of stocks
All wines, spirits, and other are sold by Open Bar and are kept at our premises. Reserves are therefore managed live, without numerous intermediaries. Products are offered for sale while supplies last. If during the preparation of the order, the products are damaged, destroyed or exhausted and are therefore out of supply, Open Bar offers a vintage of equivalent quality or greater value.
Open Bar undertakes to communicate these possible unforeseen events as soon as possible and to make every effort to provide an equivalent solution. The customers/buyers/ users may request the partial or total cancellation of the sale if the replacement products do not suit him. He waives all claims for damages.
Article 10 Limitation of liability and warranty
Our products have a guarantee against specific type of hidden defect rendering them unfit for consumption, within one week of the sale. For this, the product(s) must be returned to us in their original packaging and original condition.
In case of misuse, poor conservation or negligence on the part of the buyer, the warranty does not apply. Open Bar may ask to appraise the wines that are the subject of the dispute. Rare wines and vintages of more than 10 years cannot claim a guarantee to the extent that they are offered for sale on their only criteria of notoriety.
Article 11 Non-contractual photos
The photos are illustrative and have no contractual value. Photo credits are mentioned under each photo or, if not specified, are the property of Open Bar.