General Terms and Conditions
The following user agreement describes the Terms and Conditions on which Univerre Pro Uva offers you access to the Univerre Smart Bottle (smartbottle.univerre.ch) platform and access to its services.
Last updated: January 15th, 2022
About the Univerre Smart Bottle Platform
Univerre Pro UVA has created a platform called Univerre | Smart Bottle Platform which is a direct to consumer marketplace for smart packaged wine and spirits bottles. This platform enables end users to: tap smart bottles, review products, get information about the specific bottle and order wine and spirit bottles directly from the producer. This platform enables wine producers or resellers to create their vendor accounts, list products and sell their products through the platform.
Please read carefully the terms and conditions prior to using services offered by Univere Smart Bottle Platform. These terms and conditions are the legally binding terms and conditions for both user groups of the platform: end-consumers and vendors.
The general terms and conditions of sale (hereinafter referred to as the “T&Cs”) govern the relationship between Univerre Pro Uva SA (hereinafter referred to as “UPU”) and the users (hereinafter referred to as “users”) who acquires a product via the online shop (smartbottle.univerre.ch) hereinafter referred to as the “Platform”) and the vendor who registers on the platform hereinafter referred to as “Vendor/Producer”. UPU and the Customer (the “Parties”) are contractually bound by the T&Cs upon UPU’s confirmation of the customer’s order, or vendor registration account. Before confirmation of the order, the Customer acknowledges that s/he is aware of the T&Cs and explicitly declares that s/he has read and accepted them without reservation. Furthermore, the Customer accepts that the content of the order confirmed by UPU is a legally binding commitment for the Customer.
Changes - Amendments
UPU reserves the right to modify these T&Cs at any time. When a new version of the T&Cs is published, the previous versions shall cease to be valid. The revised version of T&Cs will be published on the smartbottle.univerre.ch on the effective date.
Information on UPU
Univerre Pro Uva SA
Ile Falcon, 3960 Siders, Switzerland
<spanclass=”mobile-font-size-p” style=”font-weight: 400;font-size:18px;”>Personal identification number CHE-102.774.751
1. UPU as Platform Provider
The user is aware that the use of the platform is without any responsibility for UP, as UPU does not sell wine and spirits products. UPU is only providing the platform as a service to enable users to tap smart bottles, get information about their preferred products, rate and review products and order/buy wines from the third-party vendors, which are registered in this platform.
2. Use of the Platform
The Platform may be used with or without registration for customers (users who want to purchase products listed on the platform). However, to become a vendor on the platform requires user registration.
2.1 Protection of Minors - Representation of Legal Drinking Age
According to the legal drinking age in Switzerland, only persons who are at least 18 years old may register and use the services of this Platform. By registering on the platform users (both customers and vendors) confirm and warrant that they are 18 years of age and that the person to whom the order will be shipped is at least 18 years old and is eligible to accept alcoholic beverages.
The products offered in this platform (categories wine & spirit bottles) (hereinafter referred to as the “Products”) are produced by UPU’s partner producers or resellers, or otherwise referred to as “Vendors”.
UPU cannot guarantee the authenticity of any content that vendors may provide about their products. UPU assumes no liability for any imperfections that the Products listed by vendors on the platform may present.
3.1 Connected/Smart Wine and Spirit Bottles
All products ordered through this platform will be enabled with a digital NFC tag. Users can tap an NFC tag with their consent to interact with a product. If the user doesn’t want to interact with the NFC the tag remains passive and doesn’t enable any data exchange. By purchasing products from this platform the customer agrees that all products are enabled with NFC tags.
3.2 Product Pricing
The prices of products sold in the platform are determined by the vendors. UPU is not obliged to observe the product prices determined by vendors, therefore UPU assumes no liability on the product pricing set by the vendor.
- Prices are given in Swiss francs (CHF), prices include VAT and exclude delivery charges
- VAT is excluded for shipments outside Switzerland (if applicable)
- An order confirmed by UPU constitutes irrevocable acceptance of the price by the Customer.
All prices associated with wine offers on the platform are subject to change without notice.
4. Payment methods
The payment system is secured in accordance with the current standards in this field. All information relating to payment cards is protected. Transaction safety is guaranteed by the SSL (Secure Sockets Layer) protocol. At no time does UPU have access to information relating to the credit card used is transmitted directly to the bank without passing through the UPU server.
The following payment methods are accepted by UPU for Switzerland and Liechtenstein region:
- Master Card
- American Express
- Apple Pay
- Google Pay
5. Orders and Confirmations
5.1 Orders Information
To submit an order through the Platform the customers are required to provide payment, billing and shipping information. Users may provide a shipping address that is different from the billing address. Your order information should be correct in order to have a streamlined order processing. Should you need to change any of the information, this is possible up to 24h after your order has been placed.
To process your order the vendor will receive all your order information. Should you need to change any order information you need to contact the vendor by submitting them a contact form through the platform. However, if the order is already processed changes might not be possible. Consult the vendor’s policies for further information.
5.2 Orders Confirmation
An order has been placed once the customer validates his/her order by clicking on “Place order” on the checkout page. By placing an order, the customer makes an offer to the Vendor to buy the products that he/she has selected. The Vendor reserves the right to accept or reject this offer at its sole discretion. The Vendor shall send confirmation of acceptance of the Customer’s order to the email address provided by the latter when registering on the Platform. This confirmation is effective at the time that UPU sends a confirmation email to the Customer. This confirmation email triggers the conclusion of a contract between the Customer and Vendor.
5.3 Order Processing
Order requests submitted through this platform are not fulfilled by UPU. UPU does not sell alcoholic beverages, the products are sold and shipped directly from the registered vendors on the platform. On the product detail page of each product you will see information about the wine producer or reseller which is responsible for selling the wine or spirit bottle. On the checkout the specific seller to which your order request will be submitted. This producer or reseller is legally responsible for your order.
UPU does not provide any guarantee on products unless explicitly stated.
UPU offers no guarantee on the quality of products, the accuracy of their product information, product description, product images, and product pricing. This information is the responsibility of the registered vendor on the platform.
Product delivery is the responsibility solely of the vendor/producer.
Products ordered by the Customer are sent according to the information provided by the Customer at the time of his/her order. If the information provided is incorrect, the vendor shall not be held liable for failure to deliver the Products and meet deadlines. Orders shall be processed on the basis of the stock available. In order to ensure fast delivery, if a selected Product is unavailable, the vendor shall suggest a similar replacement Product to the Customer by email.
The Products are delivered by third-party companies mandated by Vendors on behalf of the Customer (Swiss Post or company mandated to transport the Product on behalf of the Customer (the “Courier”)). The risk associated with the Product ordered by the Customer is transferred to the latter at the time of the Product’s delivery to the Customer by the Courier.
At present, order deliveries are possible in the following countries:
7.1 Delivery time
Vendors shall make commercially reasonable efforts to process the Customer’s orders quickly. In principle, the time limit for shipping the order is 2 working days from the day on which the order confirmation email is sent to the Customer. If the vendor needs additional time, he will contact you to discuss the options.
The delivery time depends on the Courier and Vendors cannot guarantee its compliance.
If the Courier is obliged to return the ordered products due to an incorrect and/or incomplete shipping address, the buyer will bear all additional costs arising from this error.
Packages are delivered in accordance to the terms and conditions of the courier, who is responsible for the package from the moment he takes custody of it.
7.2 Shipping Costs
The transport costs are added to the order price. The vendors on the platform offer uniform flat shipping rates. The flat rates for shipments in Switzerland are as follows:
- Up to 4 bottles – 11.95 CHF Flat Rate
- Up to 6 bottles – 16.5 CHF Flat Rate
- 6 – 12 bottles – 23.05 CHF Flat Rate
However, the vendor reserves the right to decide on the shipping fees he will apply on his products.
8. Refunds and Returns
All requests for returning products must be addressed to the vendor in writing, within 14 days from the date the customer received their products. Return or refund requests submitted after 14 days of the order date will not be considered.
To return a product customer needs to contact the vendor from whom the product was purchased. Products need to be returned directly to the vendor and the buyer is responsible for the costs of returning a product.
In cases when resolution between buyer and the vendor cannot be found, the buyer can also contact our UPU customer service. However, the customer service team of UPU is not authorized to accept any product returns.
To obtain detailed information about the Returns and Returns please refer to our Return Policy.
These terms and conditions apply until they are terminated either by you as a user or vendor or by UPU. If you want to terminate these terms and conditions, you may do so by ceasing the use of the products and services offered by this Platform.
Your rights under this agreement will terminate automatically without notice if you fail to comply with any of the terms. In such a case, UPU has the right to revoke your access to the platform.
Upon termination, UPU is not responsible for any losses you experience because of the termination.
10. Protection of Personal Data
At all times, the customer has the right to access, modify and delete their data. To do this the customer can either do this through thei customer account or by writing to us at firstname.lastname@example.org
11. Applicable Law and Jurisdiction
The General Terms and Conditions are exclusively subject to Swiss Law. The exclusive jurisdiction and venue of the federal and state courts located in Sion, Switzerland