Terms & conditions.
Article 1: Recitals
These general terms and conditions of sale shall apply exclusively between Elliot’s Keller, Dufaux-strasse 62, 8152 Glattpark (Opfikon) (hereafter “Us” or “We”), and any person visiting or making a purchase on the site elliots.ch (hereafter the “Site”).
Any such person wishing to make a purchase (hereafter “You”) shall declare that he/she is aware of these general terms and conditions of sale. Although these general terms and conditions of sale may be amended, the applicable terms and conditions shall be those in force on the Site as of the date the order is made.
Article 2: Agreement
2.1 Legal Age
By browsing the Site and placing an order on it, the Customer certifies that he/she is of legal age to purchase and consume alcohol in Switzerland, i.e. 18 years old.
2.2 Order confirmation
Once We receive your order; We shall send You confirmation thereof by e-mail.
2.3 Privacy policy and data management
By browsing the Site, the Customer accepts the privacy and personal data management policy, as well as the cookie management policy.
Article 3: Price, availability, and delivery
3.1 Price
The prices listed on the Site are presented in CHF (Swiss Franc), excluding postage and any other applicable costs (transport insurance, etc.). VAT at the rate in force on the date of your visit shall be included in the sales prices listed that bear the mention “including VAT”. If the price of the product chosen by You is listed as “excluding VAT”, VAT is not included in the price but shall nonetheless be payable, unless exempt.
3.2 Availability
All orders shall be accepted while stocks last. We shall inform You of the availability of articles sold on the Site on the detailed information page for each article.
Despite our best efforts, it may happen that an error occurs as regards the availability or price of a limited number out of all the articles available on our Site.
If, despite these best efforts, the articles that You have ordered are unavailable, We shall inform You by e-mail as soon as possible in order to agree on how You wish to proceed with your order, i.e., partial retention, modification, or cancellation.
If, despite our best efforts, there is a pricing error with respect to the articles that You have ordered, please rest assured that all prices shall be checked at the time the articles are sent. If the amended price is higher than the price shown on the Site, We shall inform You in advance and cancel your order, unless You choose to accept the order at the new price.
We hereby remind You that any payment by bank card shall be debited at the time your order is validated. As such, in the event that an article is no longer available or has been invalidated by You, and that there is no replacement acceptable to You, We shall send You a reimbursement.
3.3. Delivery costs
Orders are processed and shall be prepared within 1 to 3 business days as soon as your payment is validated.
3.3.1 Delivery by mail
The product or products shall be delivered in Switzerland, to your home or to any other address provided by You at the time of your order, within approximately one (1) calendar week, except during temporary closures indicated on the Site (annual inventory or breaks, holidays) and in the event of force majeure. We do not deliver outside of Switzerland at the moment.
Shipping costs include preparation and packaging costs as well as postage costs. These costs are calculated according to the number of bottles (except special offers) according to the following:
from 1 to 11 bottles: CHF 14.90
from 12 bottles, the delivery costs are free
items in "liter" or "magnum" size count as two bottles
3.3.2 Pick Up
The product or products shall wait for you to be picked up at our store location: Technoparkstrasse 10, 8005 Zurich, upon a selected time slot.
We will keep your order for approximately two (2) calendar weeks, except during temporary closures indicated on the Site (annual inventory or breaks, holidays) and in the event of force majeure. After what storage fees might be applied, 1.- per extra day.
3.3.3 Deliver by electrical vehicle in the City of Zurich perimeter
The product or products shall be delivered in Switzerland, to your home or to any other address provided by You at the time of your order in the perimeter of the City of Zurich, upon a selected time slot, except during temporary closures indicated on the Site (annual inventory or breaks, holidays) and in the event of force majeure. In the event of a no-show at your delivery times lot, representation fees might be applied, 10.- per delivery.
Article 4: Payment
You may settle your purchase by bank card, Twint, bank transfer, or in person for pick-up orders.
Cards issued by banks not domiciled in Switzerland must be international bank cards. If payment is made by bank card, the amount of the purchase shall be debited when your order is validated.
The choice of payment by bank transfer may result in additional delays in order processing, shipping and delivery date. Transfers may be made to our Swiss bank account. In such an event, We will send You our bank details upon validation of your order. Any related bank charges must be fully paid for by your bank. If the bank transfer is incomplete, You will be requested to pay the balance. You are obliged to make the transfer within a maximum of 24 hours, and the payment of the order is due within a maximum of 2 (two) working days (excluding weekends and public holidays), otherwise, We reserve the right to cancel the order or part of it.
As soon as your payment by bank card, twint, or transfer is validated, your invoice will be available in your customer area, which You can access by logging on with the username and password chosen by You when the account was set up.
Article 5: Reception of the order
Upon receipt of the delivery, You are required to verify the conformity of your order and the products received. By default, the order is considered to be accepted and validated upon the signature of the receipt by our delivery person or service provider.
Any anomaly concerning the delivery must be notified to Us, by mail or e-mail, as soon as possible, in particular:
damaged package
missing item(s)
broken or damaged item(s)
item(s) not conforming to the order
After a period of 24 hours following the receipt of the order by You, no further claims can be accepted.
In the event of an error in the preparation of the order, missing, damaged, or non-conforming products, all costs for returns and replacements are at the expense of Elliot’s Keller, which undertakes to correct any errors as soon as possible, subject to availability of stock.
In case of abnormal or abusive complaints, We reserve the right to refuse any further orders from You.
Article 6: Returns
Since great care is taken to ensure that the wines We regret that We are unable to offer a refund or replacement on the following grounds:
Unsatisfactory taste: Bottles will not be replaced or refunded, even unopened, because You deem them oxidized, past maturity, or similar.
Damaged, torn, or less than perfect label, neck label, or cap: Wine bottles, and older vintages in particular, can be marked by the years they spent in the wine cellar. This damage is superficial and does not affect the quality of the contents.
The pictures displayed on your website are not contractual.
In the case of corked wine, a replacement bottle is possible in our store in Zurich, free of charge, upon presentation of the bottle (at least ⅔ filled) and the original cork. If the same wine is no longer available, the customer will be offered a similar alternative.
Any other alterations to a wine are not eligible for a replacement bottle.
Article 7: Right of withdrawal
In accordance with Swiss law on the subject, no right or period of withdrawal is provided, any order placed on the Site is considered final and definitive once the payment of it is validated.
Article 8: Retention of title
Goods delivered shall remain our property until sent (when handed over to the appointed carrier), and You have paid the full price thereof (goods and ancillary costs).
Article 9: Cancellation and Refund Policy for Tastings.
The transfers or cancellations should be requested in writing by email.
If you notify us more than 14 days before the tasting date, you will be given the choice of:
a full refund.
a transfer to another tasting of the same value (other tasting dates are subject to availability).
a transfer to another guest (upon validation of the recipient by Elliot’s Keller).
If you notify us less than 14 days before the tasting date, you will be given the choice of:
a transfer to another tasting of the same value (other tasting dates are subject to availability).
50% refund of the total amount paid for the course only if we manage to fill the place from the waiting list. Otherwise, no refund will be available.
a transfer to another guest (upon validation of the recipient by Elliot’s Keller)
If you notify us less than 72 hours before the class date, or if you fail to present yourself at the course then we regret that there will be no refund and no transfer to another tasting, nor change of recipient.
Elliot’s Keller reserves the right to cancel or reschedule a tasting if the required number of at least 8 participants has not been reached.
In the unlikely event that we have to cancel or reschedule a tasting due to the host’s illness, we will reschedule the tasting or offer a transfer to another date up to the same value. In the unlikely event that we have to cancel or reschedule a tasting due to the host’s absence or in any other circumstances, we will offer a full refund or transfer to another date up to the same value.
Refunds will be paid by the same method that the original payment was made, it usually takes 5-10 working days to reach back your account.
Article 10: Warranties and Liability
We hereby undertake to act with the customary care exercised in the profession to ensure that the service proposed to the customer is implemented. However, We may not be held liable in the event that We are unable to fulfill our contractual obligations due to unforeseeable circumstances or force majeure, as defined by case law handed down by Swiss courts.
We shall not be held liable in the event of a delay due to a possible shortage of stock.
We shall not be held liable in the event of differences between the photos, texts, and illustrations on our Site and the articles ordered.
We shall use all means available to Us to ensure the provision of the services referred to in these general terms and conditions of sale. In no event shall We be held liable for lost profit, business or data, loss of earnings, or any other indirect damages unforeseen at the time of use of the Site or the time of signature of the sales agreement between Us and You.
Article 11: Force Majeure (“Act of God”)
Neither party shall be liable to the other for any failure to perform its obligations due to an event beyond the control of such party, including, but not limited to, any Act of God, terrorism, pandemic, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of that party’s control, which causes the termination of an agreement or contract entered into, or which could have been reasonably foreseen. Any party affected by such an event shall inform the other party and shall use all reasonable endeavors to comply with these terms and conditions.
Article 12: License to access the Site
We hereby grant You a limited license to access and use our Site for your personal use. In no event shall You be authorized to download or modify all or any part of this Site without our express and written authorization. This license shall in no event enable You to use, for sale or for any other business use, this Site or the content thereof (listed products, descriptions, prices, download or copy of information on behalf of another merchant, use of data, software, sound clips, graphics, images, texts, photographs, other resources).
In no event may this Site or part of this Site be reproduced, copied, sold, or used for commercial reasons without our express and written authorization.
You shall not use techniques enabling You to copy a brand, logo or any other information (in particular images, text or layouts) owned by Us without our express and written agreement.
Any unauthorized use of the Site shall result in the termination of the license that We have granted You.
We hereby authorize You, on a non-exclusive and revocable basis, to create a link to our Site on the condition that this link shall not create an untrue, false, or pejorative image of Us or cause Us harm. We shall not be held liable, in any way whatsoever, for the content of your Site as regards the creation of this link. Any use of our logo, brand, or graphics in your link shall require our express and written authorization.
For any contact concerning an order or the present T&C, the Customer can refer directly to the company at the following address
Elliot’s Keller
Dufaux-strasse 62, 8152 Glattpark (Opfikon)