TERMS & CONDITIONS
1. SCOPE OF APPLICATION
1.1 These Terms & Conditions apply to all contracts relating to the products and services, primarily artistic creations, offered by UNIQUE AS YOU. (hereinafter referred to as the "Seller") and entered into directly with customers (hereinafter referred to as the "Customer").
1.2 Any terms and conditions of the Customer that differ from these Terms & Conditions shall not be recognised unless expressly agreed to by the Seller in writing.
1.3 Individual agreements shall take precedence over these Terms & Conditions, provided they have been confirmed in writing.
2. CONCLUSION OF CONTRACT
2.1 Direct Purchases
For products available in stock, the contract is concluded upon payment and confirmation, either on-site or by invoice.
2.2 Custom Orders
For custom-made orders, the process generally follows the steps below (non-exhaustive):
a) Customer enquiry (written or verbal)
b) Definition of the project requirements
c) Preparation of an offer by the Seller
d) Acceptance of the offer by signature and/or payment of a deposit
e) Conclusion of the contract
2.3 A deposit (generally 30% of the quoted price) may be required.
2.4 By placing an order or completing a purchase, the Customer confirms that they have read, understood and accepted these Terms & Conditions.
2.5 Orders placed by retailers, resellers, or distributors may be restricted or declined.
2.6 The Seller reserves the right to refuse any order without providing a reason.
3. PRICES & PAYMENT TERMS
3.1 The prices agreed upon at the time the contract is concluded (according to the price list, price label, or quotation) shall apply. All prices are stated in Swiss Francs (CHF), include the applicable Swiss VAT where required by law and are shown as final prices.
3.2 Unless otherwise agreed, payment shall be made in advance. Invoices are payable within fourteen (14) days from the invoice date without deduction.
3.3 Accepted methods of payment are: bank transfer (IBAN) or Cash
3.4 In the event of late payment, the Customer shall pay default interest of 5% per annum on the outstanding amount in accordance with Article 104 of the Swiss Code of Obligations (CO). In addition, a reminder fee of CHF 10.00 will be charged for each payment reminder issued.
4. PLACE OF PERFORMANCE
4.1 The place of performance for all services and payments shall be the Seller's registered place of business in 5243 Mülligen (AG), Switzerland.
5. DELIVERY TIMES, DELIVERY & SHIPPING
5.1 Delivery times shall be agreed individually for each order, taking into account production capacity, order volume and other relevant factors.
5.2 Depending on the nature of the order, the Seller may rely on third-party suppliers over whom the Seller has no control. If an agreed delivery date cannot be met due to delays or failures by such suppliers, the Customer shall not be entitled to cancel the order, claim a refund, seek compensation or assert any other claims.
5.3 Delivery shall be arranged individually and may take the form of collection, personal delivery or postal shipment.
5.4 Shipping and delivery costs, including any customs duties, taxes or other import charges, shall be borne by the Customer.
5.5 Delivery times are estimates only and depend on order volume, design complexity and material availability.
5.6 The Seller shall not be liable for any delays in delivery.
6. SALE OF WINE BOTTLES CONTAINING ALCOHOL
6.1 Age Restriction
- Wine bottles containing alcoholic beverages are sold only to persons who have reached the legally required minimum age in their country of residence (in Switzerland, at least 16 or 18 years of age, depending on the type of alcoholic beverage).
- By placing an order, the Customer confirms that they have reached the applicable legal minimum age.
6.2 Packaging & Shipping
- Alcoholic beverages are securely packaged to minimise the risk of breakage and are either shipped or personally delivered. For shipments, the Seller uses authorised transport service providers.
- The Customer shall bear all packaging and shipping costs, which will be stated separately in the order confirmation or invoice.
- Delivery may require personal acceptance through an age-verified handover (e.g. presentation of valid identification). The Customer is responsible for ensuring that an authorised adult recipient is available to accept the delivery.
6.3 Liability & Transfer of Risk
- The risk of accidental loss or damage passes to the Customer upon handover of the goods to the carrier or postal service provider, in accordance with Article 185 paragraphs 1 and 2 of the Swiss Code of Obligations (CO).
- Any claims relating to transport damage must be reported to the Seller in writing immediately upon receipt of the goods.
6.4 Taxes, Duties & Import Regulations
- All taxes included in the purchase price (such as VAT), together with any legally required alcohol-related taxes or charges are included where applicable.
- For international deliveries, the Customer is responsible for any customs duties, excise taxes, import charges or other official fees that may apply.
6.5 Disclaimer Regarding Alcohol Consumption
UNIQUE AS YOU. expressly points out that the consumption of alcoholic beverages may involve health risks. The Seller accepts no liability for any consequences arising from the consumption of alcoholic beverages.
6.6 Additional Information
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UNIQUE AS YOU. does not present or define itself as a retailer of alcoholic beverages. Depending on the individual order, existing wine or spirit bottles are used and enhanced with a customised artistic design.
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The Seller provides no guarantee regarding the quality or condition of the contents of the bottles. Refunds or replacements relating to the bottle contents are excluded.
7. CUSTOM DESIGNS
7.1 As a general rule, UNIQUE AS YOU. offers only the products presented and advertised by the Seller.
7.2 Custom orders or special customer requests may be accepted by mutual agreement. For example, the Customer may provide full bottles of spirits or other beverages for the Seller to decorate with an individual design.
In such cases, the following conditions shall apply:
- UNIQUE AS YOU. is solely responsible for creating the artistic design and assumes no further obligations or responsibilities regarding the supplied product.
- The Customer is responsible for ensuring that all legally required product information and labelling remain compliant with applicable regulations. If labels or product declarations (for example, those on a spirit bottle) are removed, painted over or otherwise altered as part of the design, the Customer is solely responsible for providing and applying any legally required replacement labelling.
8. ARTISTIC FREEDOM & VARIATIONS
8.1 All creations produced by UNIQUE AS YOU. are handmade works of art. Each piece is unique in its design, colour scheme, finish, and overall appearance.
8.2 While UNIQUE AS YOU. will make every reasonable effort to fulfil the Customer's design requests, colour preferences and other specifications, the final product may differ from the original concept or expectations.
8.3 The Customer acknowledges that each piece is individually handcrafted and expressly grants UNIQUE AS YOU. full artistic freedom in the creation of the commissioned work.
8.4 Colours shown in photographs
9. EXCLUSION OF THE RIGHT OF WITHDRAWAL & RETURNS
9.1 As all products are individually handcrafted works of art, no statutory right of withdrawal or return applies in accordance with Article 40c paragraph 1 letter b of the Swiss Code of Obligations (CO). Returns and refunds are therefore excluded.
9.2 Any obvious defects, such as breakage or visible damage, must be reported to the Seller in writing immediately upon receipt of the goods.
10. WARRANTY & LIABILITY
10.1 Due to the artistic nature of the products, warranty claims based solely on variations in design, colour or artistic appearance are excluded.
10.2 Warranty claims shall only be accepted in the case of objective defects in the product, such as breakage or physical damage.
10.3 The Seller accepts no liability for damage caused by the shipping or delivery service provider.
10.4 The Seller shall only be liable for wilful misconduct and gross negligence.
10.5 No guarantee is provided by UNIQUE AS YOU., as all products are individually handcrafted works of art.
11. RETENTION OF TITLE
The delivered products shall remain the property of the Seller until full payment has been received, in accordance with Article 715 of the Swiss Civil Code (CC).
12. CONTRACT DURATION & TERMINATION
12.1 These Terms & Conditions shall apply to each individual order until all contractual obligations have been fully performed.
12.2 Cancellation of a custom order prior to completion is not possible free of charge. The Customer shall be responsible for all costs already incurred, together with reasonable compensation for work performed.
12.3 In the event of unforeseen and serious circumstances (force majeure), the Seller may terminate the contract without further liability.
13. DATA PROTECTION & USE OF CUSTOMER DATA
13.1 Customer data shall be processed for the purpose of fulfilling the contract, arranging delivery and issuing invoices.
13.2 By entering into the contract, the Customer agrees that their data and images of commissioned works may be used for marketing purposes, references and social media publications.
13.3 Further information regarding the processing of personal data can be found in our Privacy Policy.
14. INTELLECTUAL PROPERTY RIGHTS
14.1 All copyright, intellectual property and usage rights relating to correspondence, artistic designs, concepts and photographs shall remain the exclusive property of the Seller.
14.2 The Customer agrees that photographs of the completed works may be used by the Seller for marketing purposes, including on the website, social media platforms and other promotional materials.
14.3 The Customer is granted a non-exclusive right to use the purchased product for private purposes only. Any reproduction, distribution, publication or commercial use requires the Seller's prior written consent.
15. CHANGES & PRICE ADJUSTMENTS
15.1 The Seller reserves the right to amend prices and services at any time. Such changes shall become effective once communicated to the Customer or published by the Seller.
15.2 The Seller may modify, restrict, suspend or discontinue the services or any part thereof, at any time without prior notice. The Seller shall not be liable for any consequences arising from such changes.
16. FORCE MAJEURE
Events of force majeure, including but not limited to natural disasters, war, strikes, governmental measures or supply interruptions, shall release both parties from their respective obligations for the duration of such events. Obligations already fulfilled shall remain valid, while outstanding obligations may be postponed or cancelled where reasonable.
17. SET-OFF & RIGHT OF RETENTION
The Customer may only offset claims that have been expressly acknowledged by the Seller or finally determined by a competent court. The Customer shall not be entitled to withhold payments based on any alleged counterclaims.
18. SEVERABILITY
Should any provision of these Terms & Conditions become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose of the original provision.
19. GOVERNING LAW & JURISDICTION
These Terms & Conditions shall be governed exclusively by the substantive laws of Switzerland.
To the extent permitted by law, the exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms & Conditions shall be 5243 Mülligen (AG), Switzerland.
Effective as of: October 6, 2025
Applies to: www.uniqueasyou.ch