Terms of Sales

1. General

These general conditions of sale (hereinafter the "GTC") are defined by the Swiss company Là Haut sur la Montagne Sàrl, registered in the commercial register of the Canton of Friborg under number CHE-223.592.860, located Route de la Poya 11, 1665 Estavannens, Bas-Intyamon.

LHM manufactures and markets in Switzerland craft beers, other beverages and articles (hereinafter the "Products"), and offers keg and tap rental services as well as tasting services for the sale of its Products. (hereinafter the “Services”) under several Swiss word and/or figurative trademarks, including the LHM brewery, Gruérienne, Poya, Désalpe, Bénichon, Juliette (hereinafter “the Trademarks”) through its website at the address www.lahautsurlamontagne.ch (hereinafter the “Site”).

2. Scope

The T&Cs apply to all Products and/or Services sold exclusively on the Site. The Products and/or Services are intended to be sold to end consumers, natural or legal persons, browsing the Site and making a purchase of Product and/or Service for themselves or for a third party (hereinafter the " Private Client”). The Private Client declares to buy the Products and/or Services for personal, family or household use and not to resell them for commercial purposes. In addition, the Private Customer confirms that they are of legal age when purchasing one or more Products and/or Services containing alcohol. (16 for beer and wine and 18 for spirits). Age must be confirmed by date of birth. If this minimum age is not reached when purchasing the Product and/or Service containing alcohol, the sale will be refused. LHM may at any time update the T&Cs, which are accessible on the Site by clicking on the "General Terms and Conditions" link. In the event of modification, the T&Cs applicable to the Private Client are those in force at the time the Private Client places their order (hereinafter the "Order"), as defined in Article 3.2 of the T&Cs.

3. Conclusion of the sales contract

3.1. Identification and creation of a Contact

In order to place an Order with LHM on the Site via the Shop, the Private Client must first provide personal and up-to-date information, such as his Title, Surname, First name or Company name, E-mail address , Billing Address and Delivery Address, Telephone Number, Postal Code, City and Country, Username and Password (hereinafter collectively the "Personal Data") allowing him to create and register a contact on the Site (hereinafter the "Contact") and to access it through the "Shop" by clicking on "Connect". On the home page of the Site, the Private Client also has the possibility of registering via his E-mail for the Newsletter created by LHM, in order to be informed of the events, novelties or discoveries that it offers.

The Private Customer can also place an Order as a guest and connect without creating a Contact, by providing his Personal Data without Username and Password. The Private Client guarantees the veracity and accuracy of his Personal Data. As soon as the Private Client's Contact is registered on the Site, the Private Client receives an E-mail from LHM confirming his E-mail Address (as identifier) ​​and his Password, which both constitute the identifiers on the Site of LHM (hereinafter the “Identifiers”).

The creation of a Contact allows the Private Client to: follow his deliveries of Products and/or Services and consult the history of his Orders, return or exchange Products and/or Services, add or modify his Billing Addresses and/or of delivery for its next Orders.

The Private Client also undertakes to update his Personal Data recorded on his Contact. The Private Client permanently ensures the secrecy and security of his Identifiers, which are strictly personal to him. He therefore undertakes never to communicate them to third parties.

LHM cannot under any circumstances be held liable for any fraudulent use, loss or theft of the Private Client's Contact following access by a third party. In all the above cases, the Private Client undertakes to inform LHM in writing immediately. The Private Client has complete information on the use that may be made by LHM of his Personal Data, in article 4 of the GCS. In order to proceed with the payment of the Products and/or Services, the Private Customer will be asked to confirm their acceptance of these GCS in force on the date of their Order, each time they purchase a Product and/or Service on the Site. The GCS can be accessed by the Private Client before and when he is asked to confirm acceptance of them.

By ticking the box provided for this purpose, the Private Client acknowledges having read, understood and unreservedly accepted these T&Cs of LHM. The Personal Data recorded by the Site constitutes proof of all transactions between LHM and the Private Client. In the event of a dispute between LHM and the Private Client over a transaction carried out on the Site, the Personal Data recorded by LHM is considered valid proof of the content of the transaction. The Private Client may deactivate his Contact at any time by sending a request to this effect by e-mail to Customer Service by clicking on the “contact” section on the home page of the Site. After the deactivation of his Contact, the Private Client is free to create a new Contact at any time.

3.2. Terms and procedure of Order

3.2.1 Selection of Products and/or Services and payment

The Site allows the Private Client to order from LHM a selection of Products and/or Services bearing the Brands and distributed on the Site for delivery in Switzerland. The Private Client may place an Order for one or more Products and/or Services on the Site. Once the Private Client has chosen the Product and/or Service and the quantity, he clicks on the “Basket” in order to place this Product and/or this Service in his “Basket”. He can then decide to continue his purchases by clicking on "Continue shopping" and add them to his Basket (subject to availability limits) or proceed to payment by clicking on "Proceed to payment". The Private Customer may also delete one or more of the Products and/or Services selected from the Basket by clicking on "Delete" next to the Product and/or Service chosen.

3.2.2 Order Confirmation by LHM

Once the Private Customer has placed his Order on the Site, he receives directly by Email from LHM an Order confirmation in PDF format, which indicates the total amount of the Order, the quantity of Products and/or Services purchased, the method delivery and method of payment. The Order confirmation has the value of an invoice and contains an Order number assigned by LHM, which the Private Client will be asked to keep carefully (hereinafter the “Order Number”). This Order Number is useful for any subsequent request or search for information concerning the Private Client's Order. The Order confirmation constitutes acceptance thereof by LHM.

 

3.2.3 Refusal or cancellation of Order by LHM

LHM reserves the right to refuse or cancel an Order from a Private Customer, in particular in the following cases:

• LHM is in dispute with this Private Customer regarding a previous Order.
• The payment is refused by the establishment or the bank payment center.
• LHM reasonably believes that this Private Client has violated these T&Cs or that he has engaged in fraudulent activity.
• For any other legitimate reason, such as incomplete or incorrect information provided by the Private Client.

If for any reason, LHM finds itself unable to execute its Order, it will inform the Private Client as soon as possible. In this case, the Private Customer will receive a gift voucher for an amount equivalent to the Order to be used for a future Order.

3.3. Availability of Products and/or Services

The offers of Products and/or Services and the price offers of LHM are those which appear on the Site within the limits of available stocks. If the Product and/or Service is no longer available, the Private Customer will not be able to activate any click on the Basket to order the Product and/or Service on the Site. The Private Customer, who wishes to order a Product and/or Service temporarily unavailable, may inquire with Customer Service by telephone, or by e-mail at contact@lahautsurlamontagne.ch . The Private Customer will be informed by Customer Service as soon as possible and by e-mail of the time from which the Product and/or Service may be available again and be the subject of an Order on the Site.

3.4. Presentation of Products and/or Services

It is up to the Private Client to verify the accuracy of the selection of Products and/or Services before confirming his Order. While every effort is made to ensure that the appearance, color, pattern and composition of the Products and/or Services whose photos are displayed on the Site are faithful to the original Products and/or Services, variations may occur, in particular due to the technical limitations of color rendering on the IT equipment of Private Customers, seasonality or the manufacturing process of the Product used. Consequently, LHM cannot be held liable for non-substantial errors or inaccuracies in the photographs or graphic representations of the Products and/or Services appearing on the Site and for variations resulting from seasonality or the manufacturing process of the Product placed implemented. In the event of questions about the Products and/or Services, the Private Customer may of course contact Customer Service by telephone, or by e-mail at contact@lahautsurlamontagne.ch .

3.5. Inappropriate use of the Products and/or Services

Consumable Products and/or Services marketed on the Site by LHM must be protected against humidity, too low or too high temperatures or intense light. Consumable Products are Natural Products which must therefore be consumed within certain time limits. To this end, an optimal use-by date is indicated on the packaging of the Products and/or Services.

Certain Products that contain alcohol must be kept out of the reach of babies, young children and minors under 16, regardless of the alcohol content. Certain Products may contain ingredients, such as hops, yeast, molds and/or barley, which are prone to allergies, intolerances or sensitivities. The Private Client is responsible for ensuring beforehand that the Products ordered for himself or a third party do not contain foods to which he or this third party is allergic, intolerant or sensitive. LHM cannot exclude that certain Products, which do not contain allergens, have been in contact with Products which contain them. LHM will not be held liable for damage caused by inappropriate use of its Products and/or Services, as defined in the preceding paragraphs.

3.6. Price

The prices of the Products and/or Services for sale on the Site are prices in Swiss francs (CHF) including VAT (all taxes included). LHM reserves the right, at any time, to modify the price of its Products and/or Services. The prices of the Products and/or Services invoiced to the Private Customer upon delivery are those in force on the date of the Order and which appear on the Order confirmation by LHM. The bottles containing certain Products are made of glass and subject to deposit. The Private Customer receives a gift voucher to be used for a future Order if the empty bottles are returned to LHM. The amount of this voucher will be proportional to the number of empty bottles returned. The prices of the Products and/or Services do not include shipping costs.

3.7. Shipping fees

The Private Customer must pay separate shipping costs, in addition to the amount of the Products and/or Services of his Order. Shipping costs are determined according to the weight of the Order.

3.8. Secure payment

Payment for the Products and/or Services is made on the secure platform using a payment card or the Twint digital payment application. The payment cards accepted to date are: Visa, VisaDebit, MasterCard, Debit MasterCard. The Order will be considered effective after confirmation of the agreement of the bank payment center. In accordance with the regulations in force, and to ensure the security and confidentiality of their information, LHM does not store the bank details of its Private Customers. It is thus up to the Private Customer to save and print his payment certificate if he wishes to keep the payment details relating to his Order. Payments managed by the LHM Site are subject to a security system of the highest level to date. This international standard, established by the main market players (MasterCard and Visa) governs the security requirements for international payments:

• Setting up and managing a secure network.
• Cardholder Data Protection.
• Implementation of a vulnerability management program.
• Implementation of effective access control measures.
• Continuous monitoring and testing of networks on a regular basis.
• Establishment of an information security policy

3.9. Delivery method

The Products and/or Services are delivered in Switzerland to the address indicated by the Private Client during the Order process on the Site. LHM can also sometimes use, for reasons of speed, its own deliverers. LHM dispatches to Switzerland on Tuesday afternoon and Thursday afternoon (excluding public holidays) for receipt by the customer the day after all Orders placed until the day of delivery before noon.

3.10. Delivery times and problems

LHM and its partner make every effort to respect delivery dates and times. The delivery times given as an indication are generally approximately 1 to 3 working days for Switzerland, from the dispatch by LHM of the Order confirmation. In periods of high temperatures, particularly during heat waves, LHM may add cooling means to the shipment, but it reserves the right to refuse the Order or postpone the delivery. In the event of refusal of the Order or postponement of delivery, LHM will contact the Private Client within a reasonable time. Any default or delay in delivery exceeding ten (10) working days must be reported to Customer Service by e-mail at contact@lahautsurlamontagne.ch . In order for the Private Customer to ensure that his complaint is accepted, he must inform Customer Service in writing within a maximum period of thirty (30) days after the date of confirmation of his Order by LHM. A defect or a delay in delivery does not entitle you to any compensation. The Private Client must verify the conformity of the Products and/or Services at the time of delivery. Any anomalies noted (open package, damaged Product and/or Service, error in the references of the Product and/or Service chosen by the Private Client, defective Product and/or Service) must be reported within 24 hours of receipt if possible. on the delivery note, in the form of handwritten reservations, accompanied by the signature of the Private Customer and sent to Customer Service by e-mail at contact@lahautsurlamontagne.ch . In the absence of a complaint sent to LHM by the Private Customer within this period, the delivery is considered accepted. If the Product delivered does not correspond to the references of the Product and/or the Service ordered by the Private Customer, or if the Product and/or the Service delivered is defective, LHM reserves the right to request a photo of the Product and/or the Service delivered or any other means of proof. LHM will take the necessary measures to replace the Product and/or the Service with another Product and/or Service of the same price chosen by the Private Customer, or to grant him in compensation a gift voucher of an amount equivalent to the Order to be made. valid for a next Order. The replacement of the Product and/or Service or compensation with a gift voucher will take place within 30 (thirty) days of the Private Customer's complaint accompanied by proof of the defect (photo of the Product and/or Service).

3.11. Assumption of risks and retention of title

The Products and/or Services, which are the subject of an Order, remain the property of LHM until full collection of the price by LHM. The Private Client acknowledges that LHM has the right to register the Products and/or Services, which are the subject of an Order, in the Register of ownership reservation pacts of the Private Client's domicile. On the other hand, the Private Client assumes the risks in particular of loss, theft or damaged or deteriorated Products and/or Services, from the moment they are delivered to the address indicated in accordance with article 3.1 of the GCS by the Client. Private when ordering. In the event that a payment is not received or is canceled during processing, the Private Client is responsible for the immediate return of the Products and/or Services to LHM as soon as required. The Private Client fully assumes the risks, in particular of loss, theft, damage or deterioration when returning the Products and/or Services delivered.

3.12. Right to retract

The Private Client has a period of 14 working days to exercise his right of withdrawal, from the date of receipt of the Products and/or Services by the Private Client. The deadline is met when the Products and/or Services are handed over to its partner or to the LHM deliverer by the Private Customer, for shipping purposes, on the last day of the deadline. In the event that the Private Client's request for withdrawal does not correspond to the conditions defined by these GCS, LHM will be released from the obligation to refund the sale price of the Products and/or Services paid by the Private Client.

3.12.1 Return to the state of the Product and/or Service

When the Private Customer wishes to return the Product and/or Service ordered without exchanging it or if he wishes to exchange it for another Product and/or Service, the Product and/or Service must not be opened and must be returned as is and undamaged. To establish the nature, the characteristics of the Product and/or the Service, the Private Customer must only handle and inspect it in the same way as that which would be authorized in store. Any Product and/or Service opened cannot be exchanged or compensated for by an LHM gift voucher, except if it is defective according to the conditions defined in article 3.13 of the GCS. All returns will generally be subject to rigorous quality control carried out by LHM to ensure that the returned Product and/or Service complies with its return requirements (hereinafter “Quality Control”).

3.12.2 Return procedure

The Products and/or Services are to be returned with our partner or our deliverers by the Private Customer as well as a copy of the invoice that the Private Customer has received by Email to the following address:

Up on the Mountain Sàrl

Route de la Poya 11

1665 Estavannens

 

The Products and/or Services must be returned exclusively by our partner or our deliverers in a state that complies with the requirements of LHM set out in article 3.12.1 of the GCS. The Private Customer will bear the cost of sending the Products and/or Services returned by our partner or our deliverers, except in the case of a defective Product and/or Service. If the Products and/or Services are not returned in good condition, LHM will invoice the Private Client for the loss of value incurred. In the event of return in good and due form of the Products and/or Services duly validated by LHM at the end of the Quality Control, as defined in article 3.12.1, the total price paid will be compensated by a gift voucher from the same amount granted to the Private Client or the Private Client may replace the returned Product and/or Service with another Product and/or Service of the same price of his choice.

3.13. Guarantee due to defects in the thing

The Products and/or Services sold on the Site by LHM are subject to the legal warranty conditions provided for in articles 197 and of the Swiss Code of Obligations (CO), to the exclusion of all other warranties. LHM will deliver to the Private Customer a Product and/or Service that complies with the sales contract and is free from defects of conformity when the said Product and/or Service is delivered, in the sense that the Product and/or Service will be suitable for normal use expected from a similar property and that it will have the characteristics presented at the time of the sale. In the event of lack of conformity of the Product and/or Service (error on the references of the Product and/or Service ordered by the Private Customer or in the event of a defective Product and/or Service), the Private Customer may obtain from LHM either the compensation of the total price of the Product and/or Service by a gift voucher, or its replacement, on the condition however that he sends his complaint accompanied by proof of the defect by e-mail to Customer Service at contact @ lahautsurlamontagne.ch . Twenty-four hours following receipt of the Product and/or Service. The Customer will indicate during his complaint the telephone number at which LHM can contact him. The costs of returning the Products and/or Services are borne by LHM, which will organize the return itself provided that the Private Client has notified it in advance and in writing.

3.14. Protection of personal data

Whatever the nature of the Personal Data of the Private Client, which he has communicated to LHM, either in application of these GCS, or that LHM collects them automatically, LHM undertakes to make every effort to process them with the strictest confidentiality, ensure its protection and use it strictly only to carry out the Private Client's requests or improve the services likely to be offered to the Private Client on the Site. However, the Private Client may at any time exercise his right of access, rectification or opposition to his Personal Data from his Contact or by writing an E-mail to LHM at contact@lahautsurlamontagne.ch .

4. Force majeure

LHM is exonerated from all liability in the event of delays in the delivery of Products and/or Services resulting from events beyond its control, such as a case of force majeure, traffic jams, extreme weather conditions. These events do not in any way constitute grounds for cancellation of the sales contract between LHM and its Private Client. The Private Client is not entitled to any compensation for the damage suffered in connection with the occurrence of one or more of these events.

5. Liability

LHM does not incur any liability:

• In the event of out of stock or unavailability of the Products and/or Services, such as defined in article 3.3 of the T&Cs.
• For direct or indirect damage resulting from improper use of the Products and/or Services, as defined in article 3.5 of the GCS.
• In the event of default or delay in delivery exceeding 10 days, as defined in article 3.10 of the GCS.
• In case of force majeure.
• In the event of loss, theft or damage to the Product and/or the Service resulting from inadequate storage after delivery of the Product and/or the Service to the Private Client or its auxiliaries.
• For direct or indirect damage resulting from access to or use of the Site or some of its elements, as well as the impossibility of accessing or using it.
• For all risks related to the installation of software that may allow consultation of the Site or for any damage resulting from transmission errors, technical faults, overloads or interruptions of communications.

6. Intellectual Property

LHM benefits from all the exclusive rights of exploitation on all the elements (drawings, models, illustrations, images, soundtracks, texts) constituting the Site. The Private Client and any visitor to the Site are prohibited from reproducing in whole or in part, by any process whatsoever, distributing, publishing, transmitting, modifying or selling all or part of the content of the Site, or to create derivative works from it. LHM is the owner of the registered and unregistered Trademarks, of all other trademarks and logos in relation to the Products and/or Services appearing on the site, and benefits from all the exclusive operating rights relating thereto as well as to the domain name “ lahautsurlamontagne.ch”. Any reproduction, distribution, transmission, modification or use of the Trademarks and/or any other trademarks, logos in relation to the Products and/or Services identical or similar to those of LHM and/or the domain name “lahautsurlamontagne.ch” for any reason whatsoever is prohibited. The Private Client and any visitor to the Site are prohibited from deleting any work appearing on the Site and protected by copyright, Trademarks, other signs or any content that appears there. The Private Client and any visitor to the Site may make a single copy of the Internet pages published on the Site for their private, personal and non-commercial use, provided that any copy of these Internet pages retains all the "copyright" notices (right copyright) and exclusive rights of use contained therein.

7. Applicable law/forum

The rights and obligations resulting from these T&Cs, as well as from any sale to which they apply, are exclusively subject to Swiss law. Any dispute relating to the execution or interpretation of these T&Cs or any sale to which they apply will be subject to Swiss law, whether this dispute is contractual or tortious in nature. The application of the 1980 United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The exclusive jurisdiction is that of the Courts of the Canton of Fribourg, headquarters of LHM, appeals to the Swiss Federal Court being reserved.