General terms and conditions
The general terms and conditions of sale (hereinafter referred to as the “T&Cs”) govern the relationship between Univerre Pro Uva SA (hereinafter referred to as “UPU”) and each person (hereinafter referred to as “the Customer”) who acquires a product via the online shop (www.glassmania.com, hereinafter referred to as the “Online shop”) or directly from UPU. UPU and the Customer (the “Parties”) are contractually bound by the T&Cs upon UPU’s confirmation of the customer’s order. Before confirmation of the order, the Customer acknowledges that s/he is aware of the T&Cs and explicitly declares that s/he has read and accepted them without reservation. Furthermore, the Customer accepts that the content of the order confirmed by UPU is a legally binding commitment for the Customer.
Information on UPU:
Univerre Pro Uva SA
Iles Falcon, 3960 Siders, Switzerland
Personal identification number CHE-102.774.751
Customer Service contact information:
- Tel.: +41 27 451 25 25
- Email address: firstname.lastname@example.org
The products offered by UPU (glasses, bottles, decanters, etc.) (hereinafter referred to as the “Products”) are manufactured by UPU’s partner producers. Despite the care taken during the manufacture of the Products, they may present slight abnormalities or imperfections in their appearance (for example: glass bubbles, slight roughness, surface scratches), which do not alter the function of the Product. UPU assumes no liability for any imperfections that the Product may present.
UPU shall process the order on the basis of the information provided by the Customer. UPU cannot be held liable if the Product delivered according to the order does not meet the Customer’s expectations.
UPU recommends that the delivered Products are washed prior to use.
All Products offered in the Online shop comply with the production conditions in force within the industry. The Products are intended to be used with food and comply with the European legislation in force applicable to this use.
3.1 Positioning of Motifs
The personalised printing ordered by the Customer for the Product includes, in particular, texts, images, logos, photographs or any other graphic representation provided by the Customer as part of his/her order (hereinafter referred to as the “Motif”).
The order confirmation email shall serve as proof and shall be binding for the Parties in terms of the Motif and its positioning on the Product. The Customer acknowledges, however, that UPU reserves the right to choose the exact position of the Motif on the Products ordered. This choice shall be made on the basis of the technical constraints of the production tools used by UPU. The Customer acknowledges that UPU will use the sketches provided with the order to manually place the Motif on the Product and s/he shall therefore explicitly accept minor positioning differences between the digital preview and the delivered Product. The Customer shall be exclusively responsible for any typographical errors in the text or poor image quality of the Motif.
The Product illustrations/images on the Online shop are merely for illustrative purposes and do not form part of the contractual agreement. If errors are present, UPU may not be held liable under any circumstances. In particular, depending on the colour adjustments made, the colours of the Products on the Online shop and the preview generated at the time of positioning the Motif may differ from the Products that are presented on the Online shop. The technical information and specifications, the delimitation measures of the contents of a product as well as the links provided by the producers and published on the Online shop are given for information purposes only.
More information concerning the technical details of how to affix the Motif to the Products as well as the instructions for use are provided in the Personalisation Guidelines and Conditions accepted by the Customer at the time of placing his/her order on the online shop and are available on our Websites (hereinafter referred to as the “Websites”) www.glassmania.com and www.myglass.com.
The Customer acknowledges that UPU is entitled to use the ordered Product for its own promotional purposes and that UPU shall not owe any compensation to the Customer for doing so.
3.2 Respect of third-party intellectual property rights by the Customer
It is strictly prohibited to distribute, produce or have produced any Product or Motif that violates copyright, trademark rights or reproduction rights, or any other property right belonging to others. UPU bears no liability for the Motif submitted by the Customer for the production of personalised Products, including any loss or consequential damage relating to the creation, commercialisation or publication of this Motif. The Customer shall bear full responsibility for the Motif that s/he downloads or creates using the creation module on the Online shop. The Customer expressly authorises UPU to reproduce the Motif on the product and guarantees in this regard that the Motif does not infringe the rights of third parties – in particular the intellectual property rights of third parties. Furthermore, UPU reserves the right to directly remove any Motif that would violate intellectual property rights or would be illegal or immoral. In this case, the Product shall be delivered blank (not personalised) to the Customer, who shall be obliged to pay the contractually agreed price.
3.3 Compliance with applicable law by the Customer
It is forbidden to download, produce or have produced any Motif that would violate the provisions of Swiss law or of applicable local laws. Illegal material includes, but is not limited to, the following:
- Content that is racist or incites hatred.
- Content that incites racial or religious discrimination, homophobic content, etc.
- Pornographic content.
UPU does not control the Motif transmitted via the Online shop and, consequently, cannot guarantee the advisability, lawfulness or quality of this Motif. The Customer shall bear full responsibility for the Motif he/she submits to UPU. In all cases, UPU reserves the right to directly remove a Motif that is, or may be of, an unlawful nature at its sole discretion.
3.4 Indemnification by the Customer
The Customer undertakes to indemnify and release UPU from any liability in connection with any claim made against UPU by third parties, including any action, claim, claim for damages, loss or damage (including, among other things, legal costs and fees of the defence borne by UPU), caused by a violation by the Customer of their obligations under Articles 3.2 and 3.3 above or of any other legal provision applicable to the Motif submitted by the Customer.
3.5 Intellectual property rights of UPU, specifically copyright
The Online shop has been developed by UPU. All trademark and technology rights belong to UPU and are protected by trademark law and copyright under Swiss law and by international copyright agreements. Copyright applies to all software used for the personalisation tool and online ordering. Any form of use or unauthorised reproduction of the intellectual property rights of UPU is strictly prohibited.
4. Placing an order
A firm order has been placed once the Customer validates his/her order by clicking ‘Place order’ on the confirmation page. By placing an order, the Customer makes an offer to UPU to buy the products that s/he has selected. UPU reserves the right to accept or reject this offer at its sole discretion. UPU shall send confirmation of acceptance of the Customer’s order to the email address provided by the latter when registering on the Online shop. This confirmation is effective at the time that UPU sends a confirmation email to the Customer. This confirmation e-mail triggers the conclusion of a contract between the Customer and UPU. UPU reserves the right to reject or cancel any order from a Customer with whom there is a dispute relating to the payment of a previous order, or to do so if it believes, at its sole discretion, that the order is unlawful (particularly if contrary to articles 3.2 and 3.3 above), impossible or immoral.
UPU only delivers the products in the following countries:
- The Netherlands
A delivery to a country other than those listed above is not possible via the Online shop but may be organised by contacting UPU directly at the following email address with the details of the order: email@example.com
Deliveries to the U.S. are expressly excluded.
The price for personalised Products is not fixed. It depends on the various components selected: including in particular, the Product type and quantity, the quantity and type of prints. The price of the Product can be viewed at each stage of Product personalisation. In the event of a Product pricing error, UPU reserves the right to modify this price, giving the Customer the option to cancel the order if they do not accept the new price:
- Prices are shown in Swiss francs (CHF) and in Euros (EUR) for orders placed outside of Switzerland.
- VAT is included in the total amount shown (except for products delivered outside Switzerland).
- VAT and customs fees for Products delivered outside of Switzerland are not included in the price shown on the Online shop and must be paid separately by the Customer upon delivery of the order.
- An order confirmed by UPU constitutes irrevocable acceptance of the price by the Customer.
6. Payment methods
The payment system is secured in accordance with the current standards in this field. All information relating to payment cards is protected. Transaction safety is guaranteed by the SSL (Secure Sockets Layer) protocol. Information relating to the credit card used is transmitted directly to the bank without passing through the UPU server.
The following payment methods are accepted by UPU according to the country in which the order has been placed:
For Switzerland and Liechtenstein only:
- SwissBilling payment option (payment method limited to CHF 600 for the first order and CHF 1,500 for future orders)
For all countries listed under Article 4 above (including Switzerland):
- Master Card
- American Express
- Apple Pay
- Advance payment within 7 days: allows you to reserve the Products selected on the Online shop for a period of 7 days and to pay for the order within this period. The order will only be processed after receipt of payment.
Products ordered by the Customer are sent according to the information provided by the Customer at the time of his/her order. If the information provided is incorrect, UPU shall not be held liable for failure to deliver the Products and meet deadlines. Orders shall be processed on the basis of the stock available. In order to ensure fast delivery, if a selected Product is unavailable, UPU shall suggest a similar replacement Product to the Customer by email.
The Products are delivered by a third party company mandated by UPU on behalf of the Customer (Swiss Post or company mandated to transport the Product on behalf of the Customer (the “Courier”)). The risk associated with the Product ordered by the Customer is transferred to the latter at the time of the Product’s delivery to the Customer by the Courier.
7.1 Delivery time
UPU shall make commercially reasonable efforts to process the Customer’s orders quickly.
In principle, the time limit for shipping the order is 2 working days for non-personalised Products and 10 working days for personalised Products, from the day on which the order confirmation email is sent to the Customer.
The delivery time depends on the Courier and UPU cannot guarantee its compliance. The delivery time varies depending on the delivery method chosen (Slow, Standard, Express or Pay & Collect) and the country of delivery. As a guide, the delivery time generally varies between:
For non-personalised Products:
- 2 to 5 working days for shipment within Switzerland or Liechtenstein
- 3 to 12 working days for shipment to another country listed under Article 4 above
For personalised Products:
- 9 to 30 working days for shipment within Switzerland or Liechtenstein
- 11 to 30 working days for shipment to another country listed under Article 4 above
In particular, but not exclusively, UPU shall not be held liable for non-performance or late performance of the contract in the event of force majeure (i.e. any event beyond the control of UPU, which could not reasonably be foreseen at the time of conclusion of the order contract, the effect of which cannot be avoided by appropriate measures and which prevents UPU from fulfilling its obligation), and in particular in the event of natural disaster, war, strike, pandemic, supplier lock-out and/or lock-out of third-party service providers, etc. In such cases, and as far as possible, UPU shall inform the Customer by sending an email to the address provided by the latter. Communication via email is explicitly permitted.
8. Packaging costs, shipping costs and taxes
The packaging and transport costs are added to the order price. The Customer shall be exclusively responsible for paying any additional VAT, customs fees and/or all other taxes.
In the case of delivering a Product outside Switzerland, the Customer may be required to pay the state sales taxes to the Courier.
9. Right of withdrawal, damage arising from transportation, non-conformity of the Products
9.1 Absence of the right of withdrawal for personalised Products
As the Products are both intended for food use and personalised according to the Customer’s order, there is no right of withdrawal (i.e. right to seek reimbursement or replacement of the Product) for UPU products, subject to Article 9.4.
9.2 Right of withdrawal for non-personalised Products (valid only for deliveries outside Switzerland)
Certain Products are not personalised, in accordance with the Customer’s order. For these Products, the Customer has a time frame of 14 days from receipt of the Product to exercise his/her right of withdrawal.
The Customer will inform UPU of his/her wish to withdraw within the time frame via a message submitted to his/her customer account, or, in the absence of a Customer account, through the contact form available on our Websites.
The Customer will return the Products to UPU within a maximum period of 14 days from the notification of withdrawal. The Products must be returned in their original packaging and in good condition and accompanied by any accessories and documentation.
UPU, after having received the returned Products, will reimburse the Customer by issuing Glassmania vouchers, the amount of which may not exceed the value of the order, excluding the return costs and, for any Product delivered outside Switzerland, any VAT or tax associated with the delivery of the Product which will remain at the Customer’s expense.
For Products supplied in batches (listed under “Quantity of the same item ordered” on the Online shop), the Customer must exercise his/her right of withdrawal for the entire batch and may not return only part of the Products in the batch to UPU.
In all cases, no right of withdrawal is possible when the Product has been used by the Customer. UPU will verify the condition of the Product upon receipt. If it becomes clear in this verification procedure that the Product has been used by the Customer, no refund will be made to the Customer for this item.
9.3 Immediate notification to UPU in the event of damage arising from transportation or non-conforming Products
The Customer must inform UPU of any damage that has been caused during transportation or of the non-conformity of the Product (including print defects, provided that the defect was not present on the Motif submitted by the Customer) by sending a message on his/her customer account or, in the absence of a customer account, via the contact form available on our Websites, within 48 hours of delivery, providing the following information:
- Customer number
- Order number
- Number of damaged products
- A copy of the delivery note provided by the Courier
- A copy of the complaint made to the Courier (under Article 9.5 below)
- Evidence in pictures of the damage caused during transport or of the non-conformity of the Product, in particular the:
- Condition of the closed package if it is damaged
- Condition of the packet inside the package
- Condition of the Product inside the packet
- A description of the damage to the Product
In the event of non-compliance with procedure laid down by this Article, the Customer is deemed to have accepted the delivered Products and shall be exclusively liable for any damage to the Products, fully absolving UPU of any liability, with the exception of the guarantee laid down in Article 9.4.
UPU reserves the right to require the Customer to return the goods within 14 (fourteen) days from the notification of the complaint to UPU in accordance with this Article, in particular in the event of incorrect delivery or critical manufacturing defects, for technical analysis and/or destruction. In all cases, the Customer shall be responsible for the return shipping costs. If the goods are not returned by the Customer within 14 (fourteen) days as requested by UPU, they shall be deemed to have been accepted by the Customer without the possibility of compensation.
9.4 Procedure in the event of non-conformity of the product
Defects in conformity which appear within two years of the Product's delivery and which are not caused by normal wear and tear or by a misuse by the Customer shall be warranted by UPU, unless the Customer can prove that the defects appeared after delivery of the Product. The Customer shall report and provide evidence of the non-conformity of the Product within the time frame via the notification procedure laid down in Article 9.3, and shall then return the product to UPU. UPU, after having identified the lack of conformity of the Product, may replace or repair the Product or reimburse the Customer for all or part of the price of the Product.
Furthermore, within a period of two years of the detection of a Product defect that was hidden upon delivery, and was not caused by normal wear and tear or by a misuse by the Customer, rendering it unfit for use, the Customer may obtain a refund of all or part of the price of the Product. Within this period, the Customer shall report and provide evidence of the Product’s hidden defect via the notification procedure laid down in Article 9.3, and shall then return the product to UPU.
If a complaint made in accordance with Article 9.3 is accepted by UPU, the Customer will only be reimbursed through Glassmania vouchers. The amount of these vouchers may not exceed the value of the order, excluding the return costs and, for any Product delivered outside Switzerland, any VAT or tax associated with the delivery of the product which will remain at the Customer’s expense. The Customer waives any other right in connection with the delivery of a non-conforming Product, excluding compensation for any physical injury or material damage resulting directly from the defect in the Product.
9.5 Return procedure in the case of damage arising from transportation
In addition to the notification procedure under Article 9.3 above, all damage arising from transportation (e.g. a damaged package, broken glasses) must be reported to the Courier in accordance with the specified procedure stated in their general terms and conditions.
If the Product has been delivered outside Switzerland, the Customer must return the package to the Courier’s delivery point within 8 days of the delivery (or shorter period provided for in the Courier’s general terms and conditions where appropriate) in order for a report to be prepared by the Courier.
10. Our responsibilities
10.1 Completeness clause
These T&Cs govern all the obligations and responsibilities of UPU. The Customer shall accept explicitly that UPU is not bound by any other guarantee, responsibility, obligation or other provisions, with the exception of those explicitly mentioned in these T&Cs. All guarantees, responsibilities and obligations of UPU or other provisions concerning UPU’s Products or services other than those arising by law (mandatory law) are expressly excluded. In particular, UPU does not guarantee that the Products are suitable for the use intended by the Customer.
10.2 General exclusion of liability
UPU does not assume any personal liability of any kind for its own actions or those of its auxiliary parties – in particular but not limited to producers, manufacturers and suppliers – except in relation to the legal guarantee mentioned in Article 9.4 above and in cases of serious misconduct or fraud. UPU expressly excludes all liability if the non-performance or improper performance of the sales contract is attributable to the Customer, to the unforeseeable and insurmountable fact of a third party to the contract, or in the event of force majeure. In all cases, liability for damage is limited to cases where the damage was foreseeable.
In particular, UPU assumes no liability for any damage caused by inappropriate use of the Product.
10.3 Exclusion of certain types of damage
In the event that UPU’s liability is not completely excluded, in particular but not limited to cases covered by Article 9.2 and 9.4 of these T&Cs, UPU assumes no liability for any damage resulting from loss of income, profit, or contracts, nor for any indirect or consequential loss or damage of any kind, whether resulting from or caused by a harmful act in connection with the conclusion or performance of the contract or in any other way. Furthermore, UPU shall not be held liable for damage of any kind, whether material or immaterial damage or personal injury, that could result from poor functioning or incorrect use of the Products, excluding any damage arising directly from the non-conformity of, or hidden defect in, the Product under Article 9.4, described and reported in accordance with the procedure provided under Article 9.3.
10.4 Maximum liability amount
Whatever the basis of UPU’s liability (in particular, but not exclusively, that which results from the conclusion, improper performance or non-performance of the contract, default or any other cause provided for by the contract or by law), and whatever the type of harm that is to be recompensed (in particular, but not exclusively, material and non-material damage), the total amount of any monetary damages to be paid by UPU may not exceed the amount due from the Customer to UPU for the Products or services in question.
11. Protection of personal data and promotional use of the Product ordered
12. Limitation of liability in connection with the Websites
UPU endeavours to ensure that its Websites function correctly. However, should a fault occur despite these efforts, UPU shall notify customers on its homepage of the resumption of its services as soon as possible. UPU also disclaims all liability in the event of late delivery as well as any liability for consequential damage relating to the use of the Websites.
13. Severability and modification of these T&Cs
In the event that one of the provisions of these T&Cs is declared illegal, void or inapplicable as a result of a court decision, such a provision shall become null and void, but its illegality or inapplicability shall not, as far as possible, have any effect on or limit the other provisions of these T&Cs. The descriptive terms used in the article titles are provided for convenience and for reference purposes only, and are not intended to define, limit or describe the scope of the articles that they precede.
UPU reserves the right to modify these T&Cs at any time, in particular in the event of a change in legislation between the order and delivery dates. When a new version of the T&Cs is published, the previous versions shall cease to be valid.
14. Place of jurisdiction
The place of jurisdiction is the Customer’s usual residence.
The communications sent within the framework of these T&Cs are deemed to have been sent validly (i) in the case of the Customer to UPU through the Customer’s account or, in the absence of a Customer account, through the contact form available on our Websites, and (ii) in the case of UPU to the Customer, to the email and/or postal address of the Customer provided during the ordering process. Unless explicitly agreed otherwise, communications shall take effect when they are received by the respective recipient. The relevant time frame shall commence on the date of receipt. If the last day of a time frame is a public holiday or a non-business day at the residence or place of business of the recipient, the time frame shall not be extended.
16. Applicable law
The law of the country in which the Customer has their usual residence shall apply exclusively to these T&Cs, to the exclusion of (i) the United Nations Convention on Contracts for the International Sale of Goods (CISG) and (ii) provisions relating to conflicts of law. (e.g. the Federal Act on International Private Law (IPLA)).