1. Scope These General Terms and Conditions of Sale (hereinafter referred to as “the Terms”) are applicable to all activities and services supplied by the company Wine & Hospitality Projects Sàrl (hereinafter referred to as “the Company”) domiciled at Route d'Oron 90, 1697 La Joux in the commune of Vuisternens-devant-Romont, in the Canton of Fribourg, Switzerland, and inscribed in the commercial register of the beforementioned Canton under number IDE:CHE-255.303.563. Wine & Hospitality Projects Sàrl seeks out, reveals and sells high quality consumer products to interested parties (buyers, consumers, commercial partners etc) (hereinafter referred to as “the Customer”). The list of countries to which merchandise can be delivered is susceptible to increase in the future in line with the Company’s international expansion plans. These Terms apply to all of the Company’s sales, whether through the Company’s website: www.whprojects.ch (hereinafter referred to as “the Website”), through points of sale, retailers, sales realised by telephone, e-mail, orally or by all and any other means. In visiting and using the website, and notably by purchasing the Company’s products, the Customer acknowledges the validity of the present Terms and the receipt and understanding thereof. The Company reserves the right, at its sole discretion, to modify these Terms at any time. It is the Customer’s responsibility to consult the Terms regularly in order to take account of any modifications. The Terms applicable will be those in force at the time the contract is concluded by the Customer unless the Customer has expressively, and in writing, accepted other conditions. 2. Confirmation of the contract The contract shall be deemed to be established when the Customer accepts the offer(s) proposed by the Company and/or on ordering products on the Website or directly from the Company. 3. Price Unless otherwise specified, all prices quoted are in Swiss francs (CHF). The Company reserves the right to quote prices in other currencies depending on the country in which the products are sold. Prices given are inclusive of valued added tax (VAT), where applicable. The rate of VAT applicable is determined according to the country concerned. The prices quoted do not include shipping and packaging costs, which are indicated separately. Prices quoted do not include any additional taxes or levies that may be applicable. The Company reserves the right to modify its prices at any time. Prices applicable are those indicated on the Website at the time the contract is established. 4. Payment Goods must be paid for in their entirety upon establishment of the contract. The Company agrees to deliver the products ordered on receipt of full payment. The Company reserves the right to withhold delivery or any other services in the case where payment is overdue. In certain instances, the Company may, at its sole discretion, invoice the Customer and ship ordered products before full payment has been made. In this case, the Customer agrees to make full payment of the invoice within 30 (thirty) days of the invoice date. If the invoice is not paid within the aforementioned period, the Customer will be sent a reminder. The Customer will be automatically considered in default if the invoice is not paid in full within any grace period that may have been granted and will be subject to a penalty interest rate of 5% (five per cent). In proposing products for sale, rental or any other purpose via the Website, the Company reserves the right to demand payment by electronic transfer (credit card, Paypal, or other method of payment) for any order passed. The amount payable to the Company, as recorded on the invoice, may not be subject to any claim or contestation from the Customer. 5. Minimum age In accepting these Terms, the Customer confirms that he/she is of legal age in relation to the products proposed by the Company. As a general rule, the Company does not sell products to anyone under the age of 18 (eighteen). The Company reserves the right, at its sole discretion, to carry out transactions with minors according to circumstances. 6. Company Obligations 6.1. Terms of Delivery Products will be shipped within 15 (fifteen) working days of the order being passed, if the delivery address is in Switzerland. International deliveries may take longer. If delivery is not possible within the stated period, the Customer will be informed of a new delivery date or availability within 5 (five) working days of the order. The Company will do its utmost to propose an acceptable alternative. If the Company, or its suppliers or mandated third parties are unable to meet the delivery date due to an Act of God, catastrophe, earthquake, volcanic eruption, avalanche, tempest, war, political or social unrest, civil war, revolution and insurrection, acts of terrorism, sabotage, strikes or nuclear accident or damage to nuclear reactors, the Company shall be discharged from its obligations as long as the hindrance prevails and for an adequate period following any such event. If such circumstances persist for more than 30 (thirty) days, the Company shall be entitled to terminate the contract. The Company shall then integrally reimburse any monies paid by the Customer. Further rights and claims, in particular for damages resulting from any incidence of force majeure, are excluded. Unless otherwise agreed, the place of performance is situated at the Company’s headquarters. The company’s obligations and responsibilities shall be considered fulfilled when the products are given into the care of the shipper who has been chosen by the Company 6.2. Ancillary Services The Company reserves the right to engage additional support in order to carry out its contractual obligations. 7. Rare products and quotas The Company is liable to sell products of great rarity and exception. The Company may offer the exclusive possibility of pre-ordering, reserving or subscribing to certain specific products, for example, future vintages. In such case, payment shall be required in advance at the moment of ordering. In view of the rarity of the products and variability of quantities effectively received by the Company from its producers, the Company reserves the right to impose a quota, limiting the number of products that a Customer can order, or unilaterally reduce quantities already ordered. In such case, the difference between the price paid by the Customer and the quantity effectively delivered shall be integrally reimbursed to the Customer. The Customer shall not be entitled to any damages or compensation as a result of any aforementioned reduction in quantities. 8. Exchanges and cancellations In view of the nature of the merchandise sold by the Company (food products, consumer products, etc.), no exchange of products or cancellation of contracts is allowed after the order has been passed. 9. Guarantee The Company endeavours to offer products of the highest quality to its Customers. However, in view of the nature of the products sold by the Company (food products, consumer products, etc.), the Company expressly excludes all guarantees on its products. Given the nature of the products and the impossibility of carrying out adequate tests, no Customer receiving wine found to suffer from cork taint or other defect shall be entitled to any replacement or reimbursement. 10. Responsibility The Company shall not be liable for indirect or consequential damages. Liability for direct damage shall be limited to an amount contractually provided for. This restriction shall not apply in case of fraud or gross negligence. The Customer must immediately inform the Company of any damages suffered. Any liability on the part of auxiliary persons and ancillary parties shall be excluded, to the extent permitted by law. The Company strives to obtain all necessary information from the producers concerning the products offered for sale, without liability for misinformation as a result of the deliberate or unintentional withholding of information or characteristics on the part of the producers. The Company shall be absolved of all responsibility by the Customer should any information received from the producer that is published or communicated be proved incorrect or incomplete. 11. Intellectual property rights The Company is in possession of all rights concerning the products and services that it proposes. Neither these Terms nor individual agreements that may arise from them concern the transfer of intellectual property rights, except where this is specifically provided for. Furthermore, no information, images, text or any other element whatsoever that the Customer may receive in relation to the present Terms may be otherwise used, reproduced, broadcast, published or retransmitted without the prior written consent of the Company. The Client must take responsibility for ensuring that he/she does not violate or infringe upon any intellectual property rights when using any content, images, texts or figurative elements in relation to the Company. 12. Data Protection The Company uses data collected when the contract is established in order to fulfil its contractual obligations. The Company takes all necessary precautions to ensure the protection of this information in accordance with legal and statutory provisions. The Customer agrees to his/her data being recorded and used for the purposes of the contract, and is aware of the fact that the Company may communicate this data or other third party data if required to do so by court order or authority. In the absence of express refusal by the Customer, the Company has the right to use this data for marketing purposes. Information necessary to execute the order may be transferred to service providers mandated by the Company, or other third parties. Data protection legislation shall apply. 13. Validity These Terms replace all previous agreements or provisions. Only provisions set forth in individual contracts, as specified by these Terms, shall take precedence over them. 14. Redemption Clause The validity of these terms shall not be affected if one of its provisions or annexes should be declared null and void. In such a case, the null and void or ineffective provision shall be replaced by another provision that achieves as far as possible the intended purpose of the null and void or ineffective provision. The same principle shall apply in the case of possible deficiencies in the contract. 15. Confidentiality The Customer, the Company and their ancillary partners, commit to absolute confidentiality concerning any information provided or exchanged in the course of their transactions, even once the contract has been fulfilled. 16. Agents and Distributors The Customer accepts that distributors or agents are susceptible to be involved in the transaction, independently of the Company, and that potential claims should be addressed directly to them. The Company declines all responsibility for any contractual violations committed by agents or distributors. 17. Jurisdiction / Applicable law These Terms are subject to Swiss law. Competent courts with the power to give judgement in the case of legal dispute between the parties are those relating to the Company’s head office, unless there are mandatory legal provisions to the contrary. The Company has the right to bring legal action in the court relating to the domicile or head office of the defending party. The present contract acknowledges debt within the meaning of article 82 of the Federal Debt Enforcement and Bankruptcy Act, (LP). Application of the United Nations Convention for the international sale of goods (RS 0.221.211.1) is expressly excluded. 18. Contact For any question or request for additional information, the Customer can send an e-mail to: Info@whprojects.ch and we will be pleased to respond as quickly as possible.