1. Scope and acceptance
These General Terms and Conditions (GTC) govern all commercial transactions between Auris – Consulting & Investment, S.A. (hereinafter “Auris”) and its buyers. Placing an order implies full and unreserved acceptance of these GTC. No particular conditions established by the purchaser shall prevail over these GTCS, except upon formal written acceptance by Auris. Swiss law shall apply, in particular the Code of Obligations (CO).
2. Offers and Prices
All prices are in Swiss Francs (CHF). For products intended for export, the exchange rate on the day of sale will be applied to prices. All products are sold within the limits of available stocks. The harvest years and prices indicated are given without commitment to duration, unless expressly stipulated.
3. Ordering
Any modification or cancellation of an order, or part of an order, requested by the buyer can only be considered if it has reached Sales Administration before the goods are dispatched and confirmed in writing. Auris reserves the right to refuse orders at its discretion.
4. Deliveries
Deliveries are made according to availability and order of arrival. Auris is authorized to make partial deliveries. Sales are considered ex-warehouse and transportation is always at the buyer’s risk, regardless of the conditions agreed. The delivery dates or times indicated are estimates and are not binding:
- Any delay in delivery does not entitle the buyer to cancel the order or claim compensation
- Auris cannot be held responsible for any failure to deliver due to force majeure.
- Timely delivery is conditional on the buyer fulfilling its obligations to Auris
5. Reception and complaints
The buyer must check the apparent condition of the goods and their quantity. Claims must be made in writing on the delivery receipt and confirmed to the carrier by registered letter within 3 days of delivery. In the absence of a complaint, the goods are deemed to have been received in conformity.
6. Packing and shipping
Packaging and packing materials remain the property of Auris. All deliveries require the buyer to pay for the service. For HORECA customers and public and private communities, deliveries will be made, as far as possible, in returnable and reusable packaging.
7. Payment
The goods are supplied at the price in force at the time the order is placed. Prices are understood to be net, ex-works, excluding taxes, based on the prices communicated to the buyer. Invoices are payable in cash, unless a specific deadline is indicated on the invoice.
Non-payment by the due date will automatically result in a penalty:
- The loss of any payment period granted for other invoices
- Auris’ authorization to suspend deliveries until full payment is made
- The charging of penalties at the rate of 12% per year, from the day after the due date
- A lump sum compensation of CHF 40.00 per overdue invoice as recovery costs
8. Reservation of Ownership Clause
Auris retains ownership of the goods until full payment of the price, plus interest and any debt owed by the buyer. Delivery of title or any proof of an obligation to pay does not constitute payment. The transfer of ownership implies the transfer of risk.
As part of the normal operation of its establishment, the buyer is authorized to resell the goods delivered, but may not pledge them or transfer them as security. In the event of total or partial non-payment, the buyer undertakes to return the goods delivered at Auris’ request.
9. Force Majeure
Auris cannot be held liable for the impossibility of performing its obligations as a result of force majeure, including, without limitation: natural disasters, strikes, armed conflicts, pandemics, serious transport disruptions or government decisions. Auris will keep the buyer informed as soon as possible.
10. Applicable Law and Jurisdiction
Swiss law shall apply to these GTC. In the event of a dispute, the parties submit to the exclusive jurisdiction of the Courts of Auris’ registered office (Geneva, Switzerland). For consumer disputes, buyers may also have recourse to alternative dispute resolution mechanisms available at www.moderatore.ch.
