1. Scope

These Online Terms and Conditions of Sale (the “Terms”) govern orders for wine and other products placed through the Gitana Winery online store available at www.gitanawinery1953.com (the “Online Store”).

The seller and operator of the Online Store is Gitana Wine House GmbH, with its registered office at Forchstrasse 28, 8008 Zurich, registered in the Commercial Register under no. UID: CHE-423.575.897 MWST, email swiss.sales@gitanawinery1953.com, telephone +41 78 251 15 77 (the “Seller”).

By submitting an order, the customer confirms that they have read and accepted these Terms in the version displayed at the time of the order. The customer's own terms and conditions shall apply only if accepted in writing by the Seller.

2. Eligibility and minimum age

The Online Store is intended exclusively for persons aged 18 or over who have the legal capacity to enter into contracts. This 18-year age limit is the Seller's commercial policy for all orders, including wine.

By placing an order, the customer confirms that they are at least 18 years old and that the information provided is accurate. The Seller may request proof of age and may refuse or cancel an order if age cannot be verified or if there are indications that the product is being purchased for a minor.

Alcoholic products must not be ordered or received by, or made available to, minors. The customer must ensure that the person accepting the parcel meets the age requirement established by the Seller.

3. Products and product information

Descriptions, images, vintages, blends, tasting notes and pairing recommendations are provided for information. Reasonable differences in colour, appearance, packaging or labelling may exist between the image displayed on screen and the product delivered.

Products and certain vintages are available in limited quantities. If an ordered product is no longer available, the Seller will inform the customer and refund the amounts paid for that product. A substitution with another product or vintage will be made only with the customer's agreement.

Mandatory product information is provided in the Online Store and/or on the product label in accordance with applicable food law. The separate “Product Information Notice” also applies.

4. Prices and charges

All prices are stated in Swiss francs (CHF) and include Swiss VAT unless expressly stated otherwise. Delivery costs are covered by Gitana Wine House GmbH for orders with a minimum purchase value of CHF 100.

The applicable price is the price displayed when the order is placed. The Seller may change prices and promotions for future orders. In the event of an obvious pricing error, the Seller will inform the customer and offer the option of confirming the order at the correct price or cancelling it for a full refund of all amounts paid.

5. Placing an order and formation of the contract

The customer selects the products, reviews the order summary and enters the requested information.

Before submitting the order, the customer may correct the products, quantities, address and other information.

By clicking the final order button, the customer submits a binding offer to purchase and confirms acceptance of these Terms.

The automatic order-receipt message confirms that the order has been registered but does not necessarily constitute acceptance of the order.

The contract is concluded when the Seller sends a dispatch confirmation or an express confirmation of acceptance. Before acceptance, the Seller may refuse an order, including in the event of unavailability, suspected fraud, inability to verify age or an obvious error.

The Seller may set minimum or maximum quantities and may refuse orders that appear to be intended for unauthorised resale.

6. Payment

The available payment methods are those displayed at checkout and may include payment by card (Visa, Mastercard), TWINT, Apple Pay and Google Pay. Payment is processed through Stripe Payments Europe, Limited in accordance with PCI DSS security standards.

If payment is declined, cancelled or cannot be validated, the order will not be processed. The customer is responsible for the accuracy of payment details and for any fees charged by their bank or payment provider.

7. Delivery

We deliver exclusively to addresses in Switzerland via Swiss Post. We do not deliver to other countries. Detailed conditions, charges, estimated delivery times and the procedure applicable to damaged or lost parcels are set out in the “Delivery Policy”.

Any delivery times stated are estimates unless the Seller has expressly agreed to a firm deadline in writing. Delays caused by Swiss Post, peak periods, weather conditions, incorrect addresses or events outside the Seller's reasonable control may extend the delivery period.

The customer must provide a complete and accessible address. Costs arising from an incorrect address, unjustified refusal of a parcel or failure to collect it may be borne by the customer to the extent permitted by law and provided that such costs were communicated in advance.

8. Transfer of risk and inspection of the parcel

The risk of loss or damage passes in accordance with applicable law. The customer is requested to inspect the parcel upon receipt and immediately document any visible damage with photographs of the packaging, shipping label and products.

Defects, broken bottles, incorrect products or missing items should be reported without delay to swiss.sales@gitanawinery1953.com, together with the order number and available evidence. Failure to comply with a request to inspect the parcel does not limit the customer's mandatory statutory rights.

9. Cancellation, returns and refunds

Swiss law does not provide a general statutory right of withdrawal for online purchases. The rights offered by the Seller in relation to cancellations, returns and refunds are described in the “Return, Cancellation and Refund Policy”, which forms part of the contractual framework of the Online Store.

An order may be cancelled before dispatch only if the Seller receives the request in time and the order has not already entered an irreversible preparation or dispatch process. Products that have been opened, consumed, damaged after delivery or stored improperly are not accepted for return, except where the product is non-conforming or the law requires otherwise.

Nothing in these Terms excludes warranties or rights that cannot be limited by contract.

10. Warranty for defects

The Seller is liable for product defects in accordance with Swiss law and any commercial warranties described in the Online Store. In the case of wine, natural variations between vintages, normal sediment, tartrate crystals or the wine's natural development do not automatically constitute defects.

The customer must store products under suitable conditions, protected from heat, frost, direct light and significant temperature fluctuations. The Seller is not liable for deterioration caused by improper storage or handling after delivery.

11. Promotions, codes and vouchers

Promotions, discount codes and vouchers are subject to the conditions communicated when they are issued. Unless otherwise stated, they may not be combined, cannot be redeemed for cash, may be used only once and are valid only during the stated period and while stocks last.

The Seller may cancel any use that is abusive, fraudulent or contrary to the conditions of a promotion, without affecting rights acquired in good faith.

12. Customer account

The customer is responsible for keeping their login credentials confidential and for activity carried out through their account. Any unauthorised use must be reported to the Seller immediately.

The Seller may suspend an account in the event of fraud, repeated breaches of these Terms or a risk to platform security, subject to applicable legal obligations.

13. Data protection and cookies

The processing of personal data is described in the “Privacy Policy”. The use of cookies and similar technologies is described in the “Cookie Policy”. These documents should be read together with these Terms.

14. Liability

The Seller is liable for direct loss caused by a culpable breach of its obligations, within the limits of applicable law. To the extent permitted by law, liability for indirect loss, loss of profit, loss of data or consequences arising from improper use of the products or the Online Store is excluded.

The above limitations do not apply in cases of wilful misconduct, gross negligence, personal injury, mandatory product liability or other circumstances in which liability cannot legally be excluded.

15. Events beyond the Seller's control

The Seller is not liable for delays or failure to perform caused by events beyond its reasonable control, including natural disasters, severe weather, epidemics, conflicts, strikes or interruptions to transport, energy, communications or digital services. The affected obligations are suspended for the duration of the event, and the customer will be informed where the impact is significant.

16. Changes to the Terms

The Seller may amend these Terms with effect for the future, including to reflect legal, technical or commercial changes. Orders already accepted remain subject to the version in force when they were placed, except for changes required by law.

17. Severability and failure to exercise a right

If any provision is declared invalid or unenforceable, the remaining provisions remain in force. Failure or delay in exercising a right does not constitute a waiver of that right.

18. Governing law and dispute resolution

These Terms and the contracts of sale are governed by substantive Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), to the extent permitted by law.

Jurisdiction is determined by mandatory Swiss law. For customers who are not entitled to a mandatory consumer forum, the courts at the Seller's registered office in Zurich shall have jurisdiction. The parties will first attempt to resolve any dispute amicably.

19. Contact

For questions concerning an order, payment, delivery or return:

Seller: Gitana Wine House GmbH

Address: Forchstrasse 28, 8008 Zurich

Email: swiss.sales@gitanawinery1953.com

Telephone: +41 78 251 15 77

UID: CHE-423.575.897 MWST