GTC
1. SCOPE
These Terms and Conditions govern the legal relationship between Ale & Bread GmbH and its customers with respect to all contracts entered into between the parties. Any provisions of the buyer that conflict with these Terms and Conditions are hereby expressly excluded.
2. PRODUCTS AND DELIVERY AREA
The product offerings are available on the website www.gin-lab.chand are non-binding. We reserve the right to make changes to prices, product ranges, and technical specifications. Product offerings are valid only as long as they appear on the website and while supplies last. Product information, such as descriptions, images, etc., is provided primarily for illustrative purposes and is non-binding.
The seller limits deliveries to the territory of Switzerland. Delivery is made directly to the delivery address and contact person provided by the customer.
3. VISIT OUR WEBSITE
When you visit our website, our servers temporarily log each visit in a log file. The following technical data is collected automatically—as is standard with every connection to a web server—without any action on your part and is stored by us until it is automatically deleted after no more than 12 months:
• the IP address of the requesting computer,
• the name of the owner of the IP address range (usually your Internet service provider),
• the date and time of access,
• the website from which the access originated (referrer URL), including the search term used if applicable,
• the name and URL of the file accessed,
• the status code (e.g., error message),
• the operating system of your computer,
• the browser you are using (type, version, and language),
• the transmission protocol used (e.g., HTTP/1.1)
This data is collected and processed for the purpose of enabling the use of our website (establishing a connection), ensuring the long-term security and stability of the system, optimizing our website, and for internal statistical purposes. This constitutes our legitimate interest in data processing within the meaning of Article 6(1)(f) of the GDPR.
4. CONCLUSION OF THE CONTRACT ABOUT
www.gin-lab.ch
At www.gin-lab.ch, by submitting an order and simultaneously accepting these Terms and Conditions, the buyer makes a legally binding offer to enter into a contract. The contract is concluded at the time the buyer receives an order confirmation via email from Ale & Bread GmbH. Once confirmed, orders cannot be canceled or modified by the customer.
If you would like to place an order in our online store, we need the following information to process your order:
• First and last name
• Billing address (and, if different, shipping address)
• Payment details (depending on the selected payment method)
5. PRICES AND SHIPPING COSTS
All prices are in Swiss francs (CHF) and include VAT. Prices, terms, and vintages listed on the website are subject to change; the date of the order serves as the reference date. Shipping costs via B-Post, postage, and packaging are to be paid by the customer and are calculated as follows: (as of October 2022)
B-Post
• up to 2 kg = CHF 10.00
• up to 10 kg = CHF 14.00
• up to 30 kg = CHF 26.00
A-Post
• up to 2 kg = CHF 12.00
• up to 10 kg = CHF 16.00
• up to 30 kg = CHF 28.00
6. FEE SCHEDULE
Fee for invoice delivery via email (B2C) CHF 0.00
Fee for invoice delivery by mail (B2C & B2B) CHF 2.90
Annual interest rate for partial payments and late payments 10% p.a.
Reminder fees CHF 20.00 each
File transfer fee upon transfer to collections CHF 80.00
7. PAYMENT
Unless otherwise agreed, invoices are payable by cash on delivery, in cash, or net within 30 days, depending on the terms of the agreement. Payment may also be made by credit card via Stripe or via PayPal.
Delivery is generally made carriage forward, i.e., at the buyer’s expense via parcel post, unless otherwise expressly agreed.
A payment is not considered made until we have access to the funds. If the buyer defaults on payment, we are entitled to charge interest at a rate of 10% from the relevant date. During the period of default, Ale & Bread GmbH is also entitled at any time to withdraw from the contract, demand the return of the delivered goods, and claim damages for the termination of the contract. All claims become due immediately if the buyer defaults on payment, culpably fails to fulfill other material obligations under the contract, or if we become aware of circumstances likely to impair the buyer’s creditworthiness, in particular suspension of payments or the pendency of composition or bankruptcy proceedings. In such cases, we are entitled to withhold any outstanding deliveries or to make them only against advance payment or security.
8. DELIVERY
Risk of loss passes to the buyer upon shipment of the goods. Information regarding availability and delivery times is not binding unless confirmed in writing by the seller. Provided the goods are in stock, delivery is typically made within 5 business days.
9. WARRANTY AND DEFECTS
The buyer must report any obvious defects by email to hello@gin-lab.ch no later than 5 days after receiving the delivery. Hidden defects must be reported by email immediately, but no later than 5 days after discovery. If the buyer fails to report defects in a timely manner, their warranty claims will lapse.
Defective merchandise must be returned along with a copy of the invoice and a detailed description of the defect. The return address will be provided to the customer via email upon receipt of the written complaint. The buyer is responsible for any shipping costs incurred.
In the event of a warranty claim, the seller will decide whether to offer a price reduction, a replacement product, or a refund of the purchase price. Damage for which the buyer is solely responsible is excluded from the warranty, e.g., as a result of improper handling, incorrect storage, or external influences for which the seller is not responsible. Products that the customer has ordered by mistake will neither be accepted for return nor refunded.
10. LIABILITY
Any other claims by the buyer—regardless of the legal basis—are excluded to the extent permitted by law. The seller, its agents, and any vicarious agents shall not be liable for damages that do not arise from the goods themselves, in particular for consequential damages resulting from defects, lost profits, or other financial losses incurred by the buyer.
11. SALE OF ALCOHOLIC BEVERAGES
ALCOHOLIC BEVERAGES FOR TEENAGERS
Ale & Bread GmbH / Gin Lab. Web Shop does not sell alcohol to minors under the age of 18. By submitting an order, the buyer confirms that they are at least 18 years old, thereby ensuring compliance with this policy and applicable laws. The customer agrees to ensure that only they themselves or an adult authorized by them receives the goods.
12. DISCLOSURE OF DATA TO THIRD PARTIES
We do not share your personal information with third parties under any circumstances.
13. COPYRIGHT
Unless otherwise stated, all copyrights, rights of use, and other rights to the content displayed on the website are the exclusive property of Ale & Bread GmbH. The content is authorized solely for interactive use by individuals. Any other use or storage for public or commercial purposes, whether in electronic or non-electronic form, requires the express consent of Ale & Bread GmbH. Furthermore, in the event of republication, the source “Ale & Bread GmbH” must be explicitly cited. Downloading or printing content for private use is permitted. However, neither copyright notices nor other legally protected designations may be removed. Any third-party intellectual property rights that would be restricted by the scope of use granted herein remain reserved. Ale & Bread GmbH cannot guarantee that the use of content provided by third parties on this website is legally permissible. Therefore, the consent of the third party must be obtained prior to its use.
13. COOKIES
Cookies help in many ways to make your visit to our website easier, more enjoyable, and more useful. Cookies are small text files that your web browser automatically stores on your computer’s hard drive when you visit our website. For example, we use cookies to offer you the shopping cart feature across multiple pages and to temporarily store your entries when filling out a form on the website, so that you do not have to re-enter them when visiting another subpage. Most web browsers automatically accept cookies. However, you can configure your browser so that no cookies are stored on your computer or so that a notification always appears when you receive a new cookie. On the following pages, you will find instructions on how to configure cookie settings for the most common browsers:
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Microsoft's Windows Internet Explorer
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Microsoft's Windows Internet Explorer
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Mozilla Firefox for Mobile
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Google Chrome for Desktop
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Google Chrome for Mobile
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Apple Safari for Desktop
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Apple Safari for Mobile
Disabling cookies may prevent you from using all the features of our website.
15. TRACKING
In order to tailor our website to your needs and continuously optimize it, as well as to manage advertising campaigns on external platforms, we use so-called tracking links, e.g., for Google Analytics. These tracking links are delivered via Google Tag Manager. You can disable Google Tag Manager by clicking this link, thereby blocking all tracking links across the board. Please note that a cookie is set for this purpose. Blocking this feature does not affect your use of the online store. Tracking links are used for:
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Facebook Pixel Tracking If you are logged into Facebook and visit our online store, data will be transmitted to Facebook that enables the display of targeted advertising. This is done in accordance with the following guidelines. You can disable this feature in your Facebook profile.
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Google Analytics We use the Google Analytics web analytics service to tailor our website to your needs and to continuously optimize it. In this context, pseudonymized user profiles are created and small text files stored on your computer (“cookies”) are used. The information generated by the cookie regarding your use of this website is transmitted to the servers of the providers of these services, stored there, and processed on our behalf. In addition to the data listed under Section 1, we may thereby receive the following information:
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The navigation path a visitor takes on the site,
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Time spent on the website or subpage,
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the page from which the user leaves the website,
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the country, region, or city from which the access is made,
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Device (type, version, color depth, resolution, width, and height of the browser window) and
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Returning or new visitor.
This information is used to analyze website usage, to compile reports on website activity, and to provide other services related to website and internet usage for the purposes of market research and to tailor this website to user needs. This information may also be disclosed to third parties where required by law or where such third parties process the data on our behalf.
Google Analytics is provided by Google Inc., a subsidiary of the holding company Alphabet Inc., based in the United States. Before the data is transmitted to the provider, the IP address is truncated within the member states of the European Union or in other signatory states to the Agreement on the European Economic Area by activating IP anonymization (“anonymizeIP”) on this website. The anonymized IP address transmitted by your browser as part of Google Analytics is not merged with other data held by Google. Only in exceptional cases is the full IP address transmitted to a Google server in the United States and truncated there. In such cases, we ensure through contractual guarantees that Google Inc. maintains an adequate level of data protection. According to Google Inc., the IP address will under no circumstances be associated with other data pertaining to the user.
For more information about the web analytics service used, please visit the Google Analytics website. Instructions on how to prevent the web analytics service from processing your data can be found at www.tools.google.com.
16. NOTICE REGARDING DATA TRANSFERS
TO THE U.S.
For the sake of completeness, we would like to point out to users residing or having their registered office in Switzerland that U.S. authorities have surveillance measures in place that generally allow for the storage of all personal data pertaining to any individual whose data has been transferred from Switzerland to the United States. This occurs without differentiation, restriction, or exception based on the intended purpose and without an objective criterion that would allow the US authorities’ access to the data and its subsequent use to be limited to very specific, strictly defined purposes capable of justifying the intrusion associated with both access to and use of this data. Furthermore, we point out that in the United States, there are no legal remedies available to data subjects from Switzerland that would allow them to obtain access to the data concerning them and to secure its correction or deletion, nor is there any effective judicial protection against the general access rights of U.S. authorities. We explicitly draw the data subject’s attention to this legal and factual situation so that they may make a fully informed decision regarding consent to the use of their data.
We would like to inform users residing in an EU member state that, from the European Union’s perspective—due in part to the issues mentioned in this section—the United States does not provide an adequate level of data protection. Where we have explained in this Privacy Policy that recipients of data (such as Google) are based in the United States, we will ensure that your data is protected to an adequate level by our partners either through contractual arrangements with these companies or by ensuring that these companies are certified under the EU-U.S. or Swiss-U.S. Privacy Shield.
17. RIGHT OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION OF PROCESSING
You have the right to request information about the personal data we have stored about you. In addition, you have the right to have inaccurate data corrected and the right to have your personal data deleted, provided that this is not precluded by a legal obligation to retain the data or a legal basis that permits us to process the data.
You can contact us regarding the aforementioned matters at hello@gin-lab.ch. In order to process your requests, we may, at our discretion, require proof of identity.
18. DATA SECURITY
We use appropriate technical and organizational security measures to protect your personal data stored with us against tampering, partial or complete loss, and unauthorized access by third parties. Our security measures are continuously improved in line with technological advancements.
You should always keep your login credentials confidential and close the browser window when you have finished communicating with us, especially if you share a computer with others.
We also take internal data protection very seriously. Our employees and the service providers we engage are bound by us to maintain confidentiality and comply with data protection regulations.
19. DATA RETENTION
We store personal data solely for the purpose of using the tracking and analytics services mentioned above, as well as for other processing activities carried out within the scope of our legitimate interests.
Personal data is used for marketing purposes, to improve products, for customer service, to analyze individual usage patterns, for personalized advertising, and to tailor such content to user needs (e.g., pop-ups).
We retain contract data for a longer period of time because this is required by legal retention obligations. The retention obligations that require us to retain data stem from accounting regulations and tax laws. According to these regulations, business communications, concluded contracts, and accounting documents must be retained for up to 10 years. To the extent that we no longer need this data to provide services to you, the data will be blocked. This means that the data may then only be used for accounting and tax purposes.
20. AMENDMENTS AND ADDITIONS
Ale & Bread GmbH expressly reserves the right to amend these General Terms and Conditions (GTC) at any time to reflect current circumstances and to apply them immediately.
21. RIGHT TO FILE A COMPLAINT WITH A DATA PROTECTION SUPERVISORY AUTHORITY
You have the right to file a complaint with a data protection supervisory authority at any time.
22. GOVERNING LAW/JURISDICTION
In the event of a dispute, Swiss substantive law shall apply exclusively. The place of jurisdiction is Basel (Switzerland).
23. CONTACT
Email: hello@gin-lab.ch