Terms & Conditions
Introduction
These Terms and Conditions (“Terms”) govern the services provided by Lafleur Wines Sàrl (“Lafleur Wines”, “we”, “our”, or “us”) to its clients (“Client” or “you”).
Lafleur Wines operates as an independent advisor and service provider in the fine wine market. We do not act as a stockholder of wines. Instead, we provide professional services including wine advisory, sourcing, storage management, and resale. Through our network of trusted partners, we give our clients access to carefully selected opportunities across the global fine wine market.
These Terms apply to all services offered by Lafleur Wines, whether through:
Direct Deliveries – wine purchases delivered directly to the Client, including international deliveries, governed by Lafleur Wines’ General Terms and Conditions of Sale; or
Managed Accounts – wine purchases held and administered under Lafleur Wines’ management, with additional benefits such as professional storage, insurance, portfolio reporting, and resale support, governed by the Lafleur Wines Invest framework.
By engaging Lafleur Wines’ services, the Client acknowledges having read, understood, and accepted these Terms.
Disclaimer
Lafleur Wines does not operate as an investment fund, nor does it provide financial guarantees. All wines acquired through Lafleur Wines remain the property of the Client at all times. While Lafleur Wines undertakes its services with diligence and professionalism, wine is an alternative asset subject to market, logistical, and quality risks. Clients should be aware that the value of wines may fluctuate and that resale prices cannot be guaranteed.
Scope of Services
Lafleur Wines provides a range of services designed to support Clients in building, managing, and enjoying their fine wine holdings. These services include, but are not limited to:
Advisory – independent guidance on wine acquisition, management, and resale.
Sourcing – access to global networks of merchants, producers, and collectors, with transparent acquisition at cost, without markup.
Storage & Insurance – professional storage and insurance for Managed Accounts, with Client ownership and portfolio visibility.
Portfolio Management – monitoring of portfolio value, reporting, and optimization recommendations.
Resale & Brokerage – support for resale through Lafleur Wines’ brokerage network to achieve optimal net results.
Direct Deliveries – purchases delivered directly to the Client, including international shipments, governed by Lafleur Wines’ General Terms of Sale.
Service Flexibility
Lafleur Wines reserves the right to adapt, expand, or limit its service offering as the market evolves, provided that such changes do not materially affect services already contracted by the Client.
Client Obligations
By engaging Lafleur Wines’ services, the Client agrees to:
Provide accurate and up-to-date information necessary for the performance of services.
Pay invoices in full within the specified timeframe.
Comply with applicable laws on wine purchase, storage, import, and resale.
Confirm compliance with minimum legal age requirements for wine or spirits purchases.
Accept that wines are subject to natural variation, logistical risks, and market fluctuations.
Accept deliveries or collections in accordance with the agreed process.
Bear responsibility for additional costs such as customs duties, taxes, and surcharges.
Lafleur Wines’ Commitments & Limitations
Professional Standards – Services are performed diligently and in line with industry standards.
Independence – Lafleur Wines acts as an independent contractor; Clients retain ownership of their wines.
No Guarantee of Performance – Future value or resale performance of wines cannot be guaranteed.
Natural Product Disclaimer – Inherent defects such as cork taint do not constitute grounds for claims unless due to gross negligence.
Limitation of Liability – Lafleur Wines’ liability is limited to direct damages caused by gross negligence or willful misconduct.
Third-Party Providers – Services may rely on external partners; their own terms may apply directly to Clients.
Non-Exclusivity – Lafleur Wines may serve multiple clients, and Clients may use other providers, except for wines sourced through Lafleur Wines, which must be managed and resold under these Terms.
Onboarding & Ordering Process
Preferences – Client preferences for portfolio building are collected at onboarding.
Offers & Availability – Tailored offers are provided subject to availability.
Approval & Invoicing – Orders are placed only after Client approval; invoices are issued in the Client’s name.
Ownership – Ownership of wines transfers to the Client upon full payment.
Delivery or Storage – Wines may be delivered directly (Direct Deliveries) or transferred to professional storage (Managed Accounts).
En Primeur – For En Primeur or delayed releases, Lafleur Wines informs Clients of expected availability and arranges storage or delivery once released.
Fees, Payment & Default
Fee Structure – Transparent fees may include administrative or management fees, brokerage fees on resale, and delivery or handling costs.
Payment Terms – Invoices must be settled in full within the specified period.
Currency – Payments are due in CHF or EUR; bank charges are borne by the Client.
Default – Late payment may result in suspension of services, application of interest, and recovery costs.
Retention of Wines – Wines remain under Lafleur Wines’ control until full payment is received.
Fee Adjustments – Lafleur Wines may adjust fees in response to market or regulatory changes, with notice. Adjustments apply only to future services; existing contracts remain under original terms.
Logistics & Delivery
Transport – Arranged through specialized logistics partners.
Costs – Packaging, transport, insurance, and taxes are the Client’s responsibility unless otherwise agreed.
Risk Transfer – Responsibility passes to the Client once delivered or accepted into storage.
Delivery Times – Indicative timelines are provided; delays do not entitle refusal or damages except in cases of gross negligence.
En Primeur – Lafleur Wines coordinates release and delivery when wines become available.
Collection – Clients may arrange collection from storage facilities, bearing all related costs.
Partial Deliveries – Orders may be fulfilled in parts, each treated as a separate contract.
Risk, Liability & Indemnification
Market Risk – Wine values may fluctuate; resale cannot be guaranteed.
Product Risk – Natural defects (e.g. cork taint) are inherent to wine and not grounds for claims, except in cases of gross negligence.
Logistical Risk – Delays or damages from third parties are not the responsibility of Lafleur Wines, except where caused by gross negligence.
Limitation of Liability – No liability for indirect or consequential loss; limited to direct damages caused by gross negligence or willful misconduct.
Client Indemnification – Clients indemnify Lafleur Wines for losses caused by breach of obligations or misuse of services.
Ownership Responsibility – Once wines are paid and transferred, all risks rest with the Client.
No Financial Advice – Lafleur Wines provides wine expertise only; Clients should seek independent financial, legal, or tax advice.
Termination & Amendments
Duration – These Terms apply from the moment services begin until termination.
Termination by Client – Clients may terminate at any time with written notice; related costs (e.g. collection, taxes, duties) are borne by the Client.
Termination by Lafleur Wines – Lafleur Wines may terminate with notice, or immediately in cases of non-payment, misuse of services, or regulatory necessity.
Effect of Termination – Services cease, wines remain the Client’s property, and outstanding fees remain payable.
Survival – Provisions on fees, liability, indemnification, and jurisdiction survive termination.
Amendments – Lafleur Wines may amend these Terms with notice; amendments apply only to future services.
General Provisions
Force Majeure – Lafleur Wines is not liable for delays or failures due to events beyond reasonable control (e.g. natural disasters, strikes, government actions, pandemics).
Entire Agreement – These Terms, together with specific agreements, constitute the full understanding between the Parties.
Severability – Invalid provisions do not affect the validity of the remaining Terms.
Assignment – Clients may not assign obligations without consent. Lafleur Wines may subcontract services where appropriate.
Waiver – Failure to enforce any right does not constitute a waiver.
Governing Law & Jurisdiction – These Terms are governed by Swiss law. Exclusive jurisdiction lies with the courts of Geneva, subject to appeal to the Swiss Federal Tribunal.