Legal notice, privacy policy and general terms of sale

1. Legal notice

1.1 Publisher

Company name

Geneva Distribution Group Sàrl ("GDG")

Legal form

Limited liability company (Sàrl) under Swiss law

Registered office

Avenue Pictet-de-Rochemont 33, 1207 Geneva, Switzerland

Commercial register

Commercial Register of the canton of Geneva

Business identification number (UID)

CHE-463.301.403

VAT number

CHE-463.301.403 VAT (TVA)

Activity

Selection, purchase, sale and distribution of drinks from Swiss producers to trade professionals, and commercial introduction between these producers and their professional customers

1.2 Contact

For any question, complaint, request relating to your personal data or notification concerning this website:

• Email: contact@genevadistributiongroup.com
• Phone: +41 79 351 94 01
• Post: Geneva Distribution Group Sàrl, Avenue Pictet-de-Rochemont 33, 1207 Geneva, Switzerland

Email is the preferred way to reach us: it keeps a written record of our exchanges.

1.3 Hosting

The website is hosted in Switzerland by Infomaniak Network SA, Rue Eugène-Marziano 25, 1227 Les Acacias (Geneva), Switzerland. Our professional email addresses are also managed by Infomaniak.

1.4 Intellectual property

All content of this website and of our catalogues (texts, structure, layout, logo, graphics, photographs, downloadable documents) is protected by copyright and, where applicable, by trademark and design law. This content belongs to GDG or to third parties who have authorised us to use it, in particular our partner producers.

The names, trademarks, logos, labels and product photographs of the producers shown on the website remain the exclusive property of their owners. They are reproduced only to present the products distributed or offered by GDG. Their presence does not transfer any right and does not imply any partnership or exclusivity beyond what is expressly agreed with each producer.

Any reproduction, representation, adaptation, extraction, distribution or reuse, even partial, of this content, by any means, is prohibited without the prior written consent of GDG or the rights holder. Downloading the catalogue is permitted for internal professional use and to prepare an order.

1.5 Website content and external links

The information published on this website, including product descriptions, visuals, availability and delivery areas, is provided for information only and does not constitute a binding offer. It may change without notice, subject to errors, omissions and typing mistakes. Photographs and visuals are not contractual.

This website contains a link to our LinkedIn page and may contain other links to third-party websites. GDG has no control over these websites, does not endorse their content and accepts no liability for them. Their use is subject to their own terms and privacy policies.

1.6 Liability

We do our best to keep the website available and its information accurate and up to date, but we do not guarantee permanent availability, the absence of errors or interruptions, or the absence of viruses or other harmful elements. The website is provided "as is".

To the extent permitted by law, GDG excludes all liability for direct or indirect damage resulting from access to or use of the website, or the inability to access it, and from the use of the information it contains, except in cases of intent or gross negligence. Mandatory provisions of Swiss law remain reserved. Contractual liability relating to an order is governed by the general terms of sale (part 3).

1.7 Alcohol and protection of minors

Part of our range contains alcohol. Alcohol abuse is dangerous to health: please drink responsibly. The sale of alcohol to minors is prohibited. This website is intended exclusively for adult trade professionals. Alcohol is not recommended for pregnant women or drivers.

2. Privacy policy

We attach great importance to the protection of your personal data. This policy explains what data we process when you visit this website, write to us or place an order, why we do so, with whom we share it and what your rights are. It is based on the Swiss Federal Act on Data Protection of 25 September 2020 (FADP, in force since 1 September 2023) and its ordinance. To the extent that European law (GDPR) applies to any processing, we also respect its principles, and the rights described below are granted to you on the same terms.

2.1 Controller

The controller is Geneva Distribution Group Sàrl, Avenue Pictet-de-Rochemont 33, 1207 Geneva, Switzerland, email: contact@genevadistributiongroup.com. For any question about your data, write to us at this address.

2.2 Data we process

• Browsing data (server logs): IP address, date and time of the request, pages or files viewed, data volume, browser and system type, referring page. They are recorded automatically by the host to ensure the operation and security of the website.
• Contact data: name, business or company, email address, phone number, content of your message, which you send us through the contact form or by email.
• Order data: name and business, email, phone, delivery address, postcode and town, preferred date, notes, products and quantities ordered.
• Business relationship data: order history, deliveries, invoices, payments, complaints and correspondence.
• Acceptance data: the statement, in your message, that you have accepted these terms and the privacy policy, with the date of the version accepted.

We mainly process data of contact persons within businesses (restaurateurs, hoteliers, wine and spirits retailers, bar and grocery managers, event organisers, producers). We do not knowingly process sensitive data. Please do not send us any.

2.3 Forms and sending by email

This website has no database and does not process forms on a server. The contact form and the order form work as follows: when you click the send button, your email application opens with a message pre-filled with the information you entered. Nothing is sent to us until you yourself send this message from your email application. You can read and edit the message before sending it.

The information entered in the form fields stays in your browser and is not stored by the website. Once sent, the message passes through your email provider and then through our mail servers (Infomaniak). Ordinary emails are not always encrypted end to end: do not attach any confidential or unnecessary sensitive information (bank details, identity documents, etc.).

The "I have read and accept" checkboxes in the forms are mandatory to prepare the message. Their validation is mentioned in the message we receive, with the version of the document accepted.

2.4 Purposes and legal grounds

We process your data for the following purposes:

• to answer your requests and present our selection and trade prices (pre-contractual measures taken at your request);
• to process, confirm, prepare, deliver and invoice your orders, and manage payments, complaints and warranties (performance of the contract);
• to pass on to our partner producers the information needed to prepare, deliver and invoice the products they deliver directly (performance of the contract);
• to keep our accounts and comply with our legal obligations (tax, accounting, VAT, customs, food and alcohol law);
• to ensure the security, stability and proper functioning of the website and to prevent abuse and attacks (legitimate interest);
• to establish, exercise or defend our rights in legal proceedings (legitimate interest);
• to send you, within a professional relationship, information about our selection and news, within the limits of part 2.11 (legitimate interest or consent).

We process your data only to the extent necessary for these purposes. We do not sell your data and do not use it for profiling or for automated individual decisions.

2.5 Recipients and service providers

Your data is disclosed only to the persons and providers who need it, to the extent necessary:

• Host and email: Infomaniak Network SA (Switzerland), for hosting the website and emails.
• Partner producers: for products delivered and invoiced directly by the producer, we pass on the order and delivery data needed (business, contact, address, products and quantities).
• Carriers and couriers: for delivery (business name, address, contact phone, delivery instructions).
• Fiduciary, accountant, banks and payment providers: for accounting, invoicing and collection.
• Advisers and insurers: in the event of a dispute or a claim.
• Authorities: tax and customs authorities, cantonal and federal food and alcohol supervisory authorities, judicial authorities, where required by law or to protect our rights.

These providers are required to respect confidentiality and to use the data only for the task entrusted to them.

2.6 Transfers abroad

We process your data in Switzerland. Browsing this website sends no data to third parties: the fonts (Lato and Lora) are hosted directly on our own server in Switzerland, and the website embeds no external service (no Google, no social network, no audience measurement tool).

If you click the link to our LinkedIn page, you leave this website and LinkedIn's terms apply. Your email provider, or that of your correspondent, may process your emails abroad, outside our control. Where we have to disclose data to a recipient in a country without adequate protection, we will do so only with the safeguards required by law or in the exceptional cases it provides for (for example, performance of a contract with you or your consent).

2.7 Retention periods

• Server logs: limited period, set by the host's policy.
• Contact requests with no commercial follow-up: up to one year after the last exchange.
• Orders, invoices and accounting documents: ten years from the end of the relevant financial year, in accordance with the Swiss Code of Obligations (art. 958f CO).
• Data needed to defend our rights: until the applicable limitation periods expire.

At the end of these periods, your data is deleted or anonymised, unless a longer legal retention obligation applies.

2.8 Security

We take appropriate technical and organisational measures to protect your data against loss, unauthorised access, alteration and disclosure: hosting in Switzerland, encrypted connection (HTTPS) and access to data limited to the people who need it. No transmission over the internet is completely secure, however, and we cannot guarantee absolute security. In the event of a data security breach likely to result in a high risk to your personality or fundamental rights, we will inform you and notify the competent authority as required by law.

2.9 Cookies and trackers

This website uses no tracking cookies, no audience measurement tools, no advertising pixels and no social network plug-ins. It does not use cookies to remember your information. If we add such tools one day, this policy will be updated before they are activated and, where necessary, your consent will be requested.

2.10 Your rights

In accordance with the law, you have the following rights, which you can exercise at any time by writing to contact@genevadistributiongroup.com:

• the right to be informed and to access the data we hold about you;
• the right to have inaccurate or incomplete data corrected;
• the right to request the deletion of your data or to object to its processing, subject to our legal retention obligations and legitimate interests;
• the right to request the restriction of processing;
• the right to receive or have transferred your data in a common electronic format, where the legal conditions are met;
• the right to withdraw at any time a consent you have given, without affecting the lawfulness of earlier processing;
• the right to object to receiving commercial communications.

To protect your data, we may ask you to prove your identity before acting on your request. We generally reply within 30 days. If your request is manifestly unfounded or abusive, we may refuse it or ask for a contribution to costs within the limits of the law.

You may also lodge a complaint with the Federal Data Protection and Information Commissioner (FDPIC), Feldeggweg 1, 3003 Bern, www.edoeb.admin.ch. We invite you, however, to contact us first: we will do what is necessary to resolve any difficulty quickly.

2.11 Commercial communications

We may contact professionals who may be interested in our offer. Each commercial message clearly states our identity and contact details, and you can object at any time to receiving further ones, by simply replying or at contact@genevadistributiongroup.com. We comply with the rules of the Swiss Federal Act against Unfair Competition (UCA) on mass advertising by telecommunication, and we make sure that any mass advertising respects them.

2.12 Changes

We may amend this policy at any time, in particular if our services or the law change. The applicable version is the one published on this page, with its update date. For an order, the version accepted when the order form is sent prevails.

3. General terms of sale

These terms apply to every sale of drinks by Geneva Distribution Group Sàrl to its trade customers. By sending an order form, or by placing an order by any other means after becoming aware of them, the customer declares that they have read these terms and accept them without reservation.

3.1 Scope

These terms govern all offers, orders, sales and deliveries of GDG. They take precedence over any general terms, purchasing terms or other conditions of the customer, which GDG does not accept, even in the absence of an express objection. Any deviation, supplement or special condition binds GDG only if confirmed in writing (including by email) by GDG. For ongoing business relationships, the version of the terms in force on the date the order is confirmed applies.

3.2 Trade customers only

Our products are reserved for trade customers acting in the course of their commercial or independent activity (restaurants, hotels, bars, wine and spirits retailers, grocers, caterers, event organisers, companies). We do not sell to consumers. By ordering, the customer declares that they act in a professional capacity, are of legal age and have the authority to bind the business they represent. Consumer protection provisions (in particular any right of withdrawal) do not apply.

3.3 Role of GDG: seller or intermediary

Depending on the products, GDG acts in one of two ways, as indicated on the website, in the catalogue or in the order confirmation:

• GDG sells in its own name. GDG is the seller: it invoices, delivers and is liable for the sale under these terms.
• Products delivered and invoiced directly by the producer (for example products marked "delivered and invoiced directly by the producer", such as those of Cuore Di Limone). In this case, GDG acts solely as an intermediary and business introducer: the sales contract is concluded directly between the customer and the producer, on the producer's terms (price, delivery, payment, warranty). GDG passes on the order, but is neither seller, nor deliverer, nor debtor or creditor of the price, and accepts no liability for the delivery, quality or conformity of these products, subject to its own breaches in its intermediary activity. GDG may receive a commission from the producer, at no additional cost to the customer.

3.4 Offers, catalogue and prices

The information on the website, in the catalogue and in price lists does not constitute a binding offer, unless stated otherwise. Personalised offers from GDG are valid for the period stated in them, failing which 30 days, and subject to available stock.

All prices are in Swiss francs (CHF), excluding VAT, unless stated otherwise. VAT is invoiced at the statutory rate in force on the delivery date (the applicable rate depends on the nature of the product). Prices are ex warehouse or delivered as per article 3.6; delivery costs, any deposit and any service charges are shown separately. GDG may change its prices at any time, in particular if the purchase price rises or the law changes (taxes, duties, VAT); the price that applies is the one in the order confirmation.

The prices and conditions of products delivered and invoiced by a producer are those of the producer (article 3.3).

3.5 Orders and formation of the contract

An order may be placed using the website order form (which prepares an email), by email or by any other agreed means. The customer's order constitutes a binding offer to buy. No contract is concluded until GDG has confirmed the order in writing (by email) or has performed it by delivery. A mere acknowledgement of receipt is not a confirmation.

The customer is responsible for the accuracy of their order and of the information provided (products, quantities, address, contact person, time slot). GDG may refuse or limit an order for a legitimate reason: product unavailable, address outside the delivery area, doubts about creditworthiness, a poor previous business relationship, risk of legal non-compliance, or obvious error. If an order is refused, no contract is concluded and no compensation is due.

Products are sold subject to available stock. Some items are seasonal or limited editions, or depend on the production of an independent producer: they are marked "subject to availability" and cannot be guaranteed. GDG informs the customer as soon as possible in the event of unavailability and may offer an equivalent product, a partial delivery or a later delivery, which the customer is free to accept or refuse.

3.6 Delivery

Area. For the time being, GDG delivers only within the canton of Geneva. Any other delivery requires GDG's prior written agreement, possibly with a surcharge.

Costs. Delivery is free from CHF 250 of goods excluding VAT per delivery. Below this amount, a flat delivery fee of CHF 30 excluding VAT is charged. There is no minimum order, subject to special conditions confirmed in writing. GDG may charge additional costs for urgent delivery, delivery outside usual hours, delivery to a floor without a lift or difficult access, or a new delivery attempt (article 3.7).

Lead times. Delivery times and time slots are indicative and are not a firm commitment, unless expressly agreed in writing. A delay gives no right to cancel the order, to damages or to a price reduction, to the extent permitted by law. GDG may make partial deliveries.

Procedure. GDG may deliver itself or entrust delivery to independent carriers or couriers. The customer guarantees that someone is present to receive the goods at the agreed address and time slot, that access is clear and that the place is suitable for delivery. The customer must tell GDG in advance of any special circumstance (floors, no lift, restricted access, opening hours). If delivery cannot take place through the customer's fault (absence, refusal, impossible access, incorrect address), GDG may charge the costs of the attempt and of a new delivery, and keep the goods at the customer's cost and risk.

3.7 Receipt, inspection and complaints

The customer must inspect the goods on delivery, in the presence of the delivery person where possible: number of packages, condition of packaging, breakage, leakage, missing or wrong products. Apparent anomalies (breakage, missing items, products not matching the order, damaged package) must be reported immediately on the delivery note or to the delivery person, then confirmed in writing to GDG, with photographs, within 48 hours of delivery. After this period, the goods are deemed accepted.

Defects that are not apparent on a normal inspection must be reported to GDG in writing immediately after they are discovered, with photographs and a precise description, and in any case before the best-before date or use-by date of the product. Failing this, the goods are deemed accepted. The customer must keep the products concerned and the packaging and make them available to GDG for inspection, and must not use or resell them until the complaint is settled.

For products delivered by a producer, the customer sends complaints in accordance with the producer's conditions; GDG may help with this.

3.8 Transfer of risk

Benefit and risk of loss or damage to the goods pass to the customer when the goods are handed over to the customer or their representative at the delivery address, or when they are made available in the case of collection. If delivery is delayed by the customer, risk passes to them from the moment the goods were ready for delivery.

3.9 Payment

Unless otherwise agreed in writing, GDG's invoices are payable net within 30 days of the invoice date, by bank transfer to the account stated on the invoice, without discount or deduction. GDG may require advance payment, a deposit or cash payment, in particular for a first order, a new customer or a large order, or where the customer's creditworthiness is uncertain.

The payment period is a fixed date. On expiry, the customer is in default without prior reminder and owes default interest of 5% per year (art. 104 CO), as well as reasonable reminder and collection costs. GDG may suspend current and future deliveries, require advance payment and declare all outstanding receivables immediately due while the delay persists.

The customer may set off a claim against the price owed to GDG only if that claim has been acknowledged in writing by GDG or established by a final judgment. Any objection to an invoice must be sent to GDG in writing within 10 days of receipt. Invoices for products delivered by a producer are payable according to the producer's conditions.

3.10 Retention of title

GDG remains the owner of the goods delivered until the price, costs and interest are paid in full. The customer authorises GDG to have the retention of title entered in the competent register. As long as the price has not been paid, the customer undertakes to store the goods appropriately, to insure them against usual risks and not to pledge them or assign them as security. The customer may resell the goods in the ordinary course of business; it then assigns to GDG, as of now, the resulting receivables up to the balance owed.

3.11 Warranty

GDG warrants that the products delivered conform to the confirmed order and are fit for consumption on the delivery date, in their original packaging and until the best-before or use-by date shown. These products are craft foodstuffs from independent producers, whose appearance, taste, colour, sediment and foam may vary from batch to batch without constituting a defect.

The warranty does not cover damage resulting from inappropriate storage or handling after delivery (heat, light, frost, impact, break in the cold chain where the product requires it), improper use, expiry of the best-before date, or the normal alteration of a natural product. In the event of a defect established and reported in time (article 3.7), GDG will replace the product or issue a credit note, at its choice. The customer's other warranty rights (price reduction, rescission of the sale, damages) are excluded to the extent permitted by law. Defective products may be returned only with GDG's agreement. The warranty period is limited to the best-before date, and in any case to one year from delivery, to the extent permitted by law.

3.12 Liability

To the extent permitted by law, GDG is liable only for direct damage caused by its intent or gross negligence, or, in the case of slight negligence, up to the price of the products concerned by the damage, excluding VAT. GDG excludes all liability for indirect or consequential damage, in particular loss of profit, loss of business, loss of customers, image or reputation, the costs of a cancelled or disrupted event, and third-party claims.

GDG excludes all liability for the acts or omissions of independent producers and for their products delivered and invoiced by them (article 3.3), and for the acts of its auxiliaries to the extent permitted by article 101 para. 2 CO. Mandatory provisions of Swiss law, in particular the Federal Product Liability Act, remain reserved.

3.13 Cancellation and returns

A confirmed order may not be cancelled or changed by the customer without GDG's written agreement. In the event of an accepted cancellation, GDG may charge the costs incurred (preparation, purchase from the producer, transport, products made or reserved specially) and reasonable compensation. Products made or ordered specially for the customer, perishable products, and products that are opened, started, unpacked or already delivered are neither taken back nor exchanged, except in the event of an established defect (article 3.11). Any exceptional return requires GDG's prior written agreement and is made at the customer's cost and risk.

Returnable items (kegs, crates, bottles, containers) remain the property of GDG or the producer. They must be returned in good condition within the agreed period. Failing this, the deposit or replacement value will be invoiced.

3.14 Force majeure

GDG is not liable for non-performance or delay due to force majeure or an event beyond its reasonable control, in particular: natural disaster, epidemic, pandemic, strike, conflict, war, terrorist act, network failure or cyberattack, fire, flood, bad weather or exceptional traffic conditions, restrictions by authorities or a change in the law, failure of a producer, supplier or carrier, shortage of raw materials, packaging or transport. GDG may then suspend, delay or cancel the delivery in whole or in part, without compensation. If the impediment lasts more than 60 days, each party may terminate the relevant order in writing for the part not performed.

3.15 Alcoholic products and customer obligations

The customer declares and warrants that it:

• holds all authorisations, licences, registrations and declarations required by law to buy, store, resell and serve the products it orders, in particular alcoholic products (for example a licence to operate an establishment or to sell alcoholic beverages, under applicable cantonal and federal legislation), and undertakes to keep them for the whole duration of the business relationship;
• complies with the legal provisions on the protection of minors: not to supply or sell alcoholic beverages to persons below the legal age, and to apply the rules on supplying and advertising alcohol;
• resells or serves the products under its sole responsibility and in compliance with the law, in particular informing its own customers about allergens and composition, labelling and hygiene;
• does not export the products, or intend them for resale outside Switzerland, without GDG's prior written agreement and compliance with customs and tax regulations;
• informs GDG without delay of any change in its situation likely to affect performance of the contract (change of address or company name, withdrawal of an authorisation, cessation of activity, payment difficulties).

GDG may refuse an order, suspend deliveries or terminate the relationship with immediate effect if the customer fails to comply with these undertakings, without compensation. The customer indemnifies GDG against any claim by third parties or by an authority resulting from a breach of these obligations.

3.16 Product information

Product information (composition, ingredients, allergens, alcohol content, origin, best-before date, storage conditions) comes from the producers and from the labels. GDG passes it on in good faith, without independently guaranteeing it. The customer must refer to the label of the product delivered and pass on the relevant information to its own customers. Some products are natural, unfiltered or unpasteurised and may require cool storage or quick consumption: the customer must follow the storage instructions on the label.

3.17 Data protection

GDG processes the personal data of the customer and its employees in accordance with the privacy policy in part 2, which forms an integral part of these terms. The customer ensures that it has informed the contact persons whose data it provides and that it may pass this data to GDG and to the producers and providers involved in the order.

3.18 Governing law and jurisdiction

These terms and all contracts concluded with GDG are governed by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention, CISG) and conflict-of-laws rules. The exclusive place of jurisdiction for any dispute is Geneva (Switzerland), subject to any mandatory place of jurisdiction provided by law. GDG remains free to take action at the customer's registered office or before any other competent court. Before any legal action, the parties will try to reach an amicable solution in writing.

3.19 Final provisions

• Written form. Communications and amendments must be made in writing; email to the address indicated by each party is sufficient.
• Severability. If any provision of these terms is or becomes void, invalid or unenforceable, the other provisions remain valid, and the provision concerned will be replaced by a valid provision as close as possible to its economic purpose.
• No waiver. GDG's failure to rely on a right does not constitute a waiver of it.
• Assignment. The customer may not assign its rights or transfer its obligations to a third party without GDG's prior written agreement. GDG may assign its receivables and the contract to a third party, in particular for collection.
• Changes to the terms. GDG may amend these terms at any time. The version that applies to an order is the one in force on the date that order is confirmed.
• Languages. These terms are published in French and in English. If they differ, the French version prevails.