1. Scope of Application
For the use of this website (www.gastroprofis.ch) and the business relationships between the website operator Sola Switzerland AG, Seetalstrasse 39, 6032 Emmen (hereinafter referred to as "Sola Switzerland AG E-Shop") and all “non-private customers” (such as restaurant customers, resellers, etc.), the following General Terms and Conditions (GTC) apply in the currently valid version available when accessing the website or placing a product order. The offer on this website is exclusively directed at customers with a Swiss place of residence. As a customer is understood to be any natural or legal person who maintains business relationships with Sola Switzerland AG E-Shop. The GTC, delivery and payment terms as well as data protection provisions may be subject to adjustments from time to time. Sola Switzerland AG E-Shop asks that you read these terms carefully on each visit to the website and with each product order. These GTC apply exclusively. Conflicting, supplementary or deviating conditions require express written confirmation by Sola Switzerland AG E-Shop to be valid. By using this website or placing a product order, the customer confirms that he accepts these GTC including delivery and payment terms in full. Should individual provisions of these GTC prove to be invalid or unenforceable or become invalid or unenforceable, this does not affect the validity of the remaining provisions. The operator of this website is Sola Switzerland AG.
2. Information on this Website
Sola Switzerland AG E-Shop contains information about products and services. Changes in prices and assortment as well as technical changes are reserved. All information on www.gastroprofis.ch (product descriptions, images, films, dimensions, weights, technical specifications and other information) are to be understood only as supplementary values and in particular do not constitute any assurance of properties or guarantees, unless explicitly stated otherwise. Sola Switzerland AG E-Shop endeavors to provide all information and information on this website correctly, completely, up-to-date and clearly, however Sola Switzerland AG E-Shop can neither expressly nor implicitly guarantee this. All offers on this website are without obligation and are not to be understood as binding offers. Sola Switzerland AG E-Shop cannot guarantee that the listed products are available at the time of order. Therefore, all information regarding availability and delivery times is without guarantee and may change at any time without notice.
3. Prices
4. Contract Conclusion
The offers on this website constitute a non-binding invitation to the customer to order products and/or services from Sola Switzerland AG E-Shop. By placing an order on this website including acceptance of these GTC, the customer makes a legally binding offer to conclude a contract. Sola Switzerland AG E-Shop then sends an automatic "Order Confirmation" by email, which confirms that the customer's offer has been received by Sola Switzerland AG E-Shop. Orders placed are binding for the customer. Unless otherwise noted, there is no right of return or withdrawal. The contract is concluded as soon as Sola Switzerland AG E-Shop sends an acceptance declaration by email in which the dispatch of the ordered products or services is confirmed. Orders are only dispatched after full payment has been received, provided that the goods are available. If it becomes apparent after conclusion of the contract that the ordered goods cannot be delivered in full or in part, Sola Switzerland AG E-Shop is entitled to withdraw from the entire contract or from part of the contract. Should the customer's payment already have been received by Sola Switzerland AG E-Shop, the payment will be refunded to the customer. Sola Switzerland AG E-Shop is not obligated to provide a replacement delivery in the event of contract dissolution.
5. Payment Methods and Retention of Title
6. Payment Methods and Retention of Title
The customer must pay for the ordered goods. The customer can optionally pay by advance payment, direct debit, credit card, cash on delivery or on account. Sola reserves the right for each order to restrict the stated payment methods or to require the customer to pay by other payment methods. When selecting the payment method purchase on account, the purchase price is due after the goods have been delivered and invoiced. With this payment method, the invoice amount is due 14 days after the invoice date. If you choose the payment method purchase on account Sola reserves the right to carry out a creditworthiness check. Should this check not produce the desired result, for example because the data cannot be clearly assigned, we will automatically offer you other available payment methods. When paying by credit card/EC card, the order amount is debited on the day the order is received. Credit card/EC card payments are automatically redirected to the payment provider after completing the purchase in the Sola E-Shop. The customer enters their credit card/EC card details on a secure connection directly on the homepage of the payment provider. No credit card/EC card details are stored in the Sola E-Shop. Sola accepts payments exclusively in EUR. Sola does not assume any money transaction fees under any circumstances. Refunds to customers are made exclusively to the credit card provider used by the customer. If the customer is no longer a customer of the stated credit card provider, he is obliged to inform Sola immediately of a new account. Sola may demand legally sufficient proof of account ownership from the customer or the bank. If this is not done immediately, Sola may offset all expenses for the refund against the amount to be repaid and invoice any further expenses to the customer. The business days mentioned in this clause are all days except Saturday, Sunday and legal holidays in Slovakia, at the headquarters of the commissioned courier, as well as at the customer's residence or place of business.
7. Right of Withdrawal
The customer is granted a right of withdrawal for 14 calendar days after receipt of the goods. The deadline is met if the customer sends written withdrawal by email to info@gastroprofis.ch or by letter to Sola Switzerland AG, E-Shop, Seetalstrasse 39, 6032 Emmen within the deadline to Sola Switzerland AG E-Shop. The withdrawal requires no justification. Exercise of the right of withdrawal results in unwinding of the contract. The customer must return the goods within 14 calendar days in original packaging, complete with all accessories and together with the packing slip to the return address provided by Sola Switzerland AG E-Shop. Returns to Sola Switzerland AG E-Shop are at the customer's cost and risk. Any payment already made will be refunded to the customer within 20 calendar days, provided that Sola Switzerland AG E-Shop has already received the goods back or the customer can provide proof of shipment. Sola Switzerland AG E-Shop reserves the right to demand reasonable compensation for damage, excessive wear or loss of value due to improper handling and to deduct the depreciation from the purchase price already paid or invoice it to the customer.
8. Warranty
Sola Switzerland AG endeavors to deliver goods in perfect quality. A two-year warranty period always applies from the date of delivery, whereby Sola Switzerland AG can provide the warranty at its option by way of rework or replacement delivery, conversion or reduction. The invoice receipt serves as a warranty certificate. If the manufacturer's warranty extends beyond the warranty provided by Sola Switzerland AG, Sola Switzerland AG also grants this to the customer. The following are excluded from the warranty:
Parts that show normal wear and tear from the use of the article; These can be ordered as replacement parts at a charge upon request;
Parts which suffer damage due to poor or irregular maintenance of the goods or as a result of heavy soiling;
Damage caused by overuse, e.g. weight, heat, etc.;
Damage caused by mishandling, interference and manipulation;
External circumstances such as natural disasters, moisture, fall, impact damage, etc.
9. Liability
Sola Switzerland AG E-Shop excludes all liability, regardless of its legal basis, and claims for damages against Sola Switzerland AG E-Shop and any assistants and performance agents. Sola Switzerland AG E-Shop is in particular not liable for indirect damage and consequential loss, lost profits or other personal, property and pure pecuniary damage to the customer. Reserved is further mandatory statutory liability, for example for gross negligence or unlawful intent. Sola Switzerland AG E-Shop uses hyperlinks merely for simplified customer access to other web offers. Sola Switzerland AG E-Shop can neither know the content of these web offers in detail nor assume liability or other responsibility for the contents of these websites.
10. Data Protection
10.2 Personal Data and Their Use The data is stored in our database for later processing. We also automatically store data in log files that we receive from the browser during a visit (Browser, Chrome, Firefox, Safari, etc.). This means that the IP address is known and a cookie is created on the computer. This cookie ensures that your order can be processed correctly. In particular, you can save your interests to present to you the products that are most interesting to you without having to express your interest repeatedly.
10.3 Data Protection To ensure data protection, the customer account is protected by a password that does not allow access to another person's account. We use HTTPS to protect against unauthorized access to establish a secure connection.
10.4 Cookies This website uses Google Analytics, a web analytics service from Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are stored on your computer and allow analysis of your website usage. This file has a lifespan of 26 months. The information generated by the cookie about the use of this website (including your IP address) is transmitted to a Google server in the USA and stored there. Google will use this information to evaluate the use of the website, to prepare reports on website activities for website operators and to provide other services related to website use and internet usage. Google may transmit this information to third parties to the extent required by law or to the extent that third parties process this data on behalf of Google. Google will in no case link your IP address with other Google data. You can prevent the installation of cookies by adjusting your browser software accordingly; however, we point out that in this case you may not be able to use all functions of this website in full. The collection and storage of data can be contested at any time with effect for the future. Given the discussion about the use of analytics tools with full IP addresses, we would like to point out that this website uses Google Analytics with "anonymizeIp ()" and therefore IP addresses are further shortened to exclude direct personal relation. In addition, you can prevent cookies data from being logged and associated with your use of the website (including your IP address) by downloading and installing an Internet browser plug-in available at the following address: ( http://tools.google.com/dlpage/gaoptout?… ). Without your express consent, none of these tools will be used to collect personal information or share personal information with third parties or marketing platforms or to link data with your personal data. Cookies are used for the following purposes: a) the proper functioning of the website and the simplification of the order (e.g. order placement, customer identification); b) advertising and marketing measures; c) creating statistics on site traffic and collecting information about website usage to improve its structure and content. All cookies used by our website can be temporary or permanent. Temporary cookies are removed by closing the user's page browser. The permanent cookies remain even after using the page and serve to store information that facilitates and accelerates later access to the website and later use of our services. The use of services on our website without changing the cookie settings in the Internet browser is considered an expression of consent to their storage in the memory of the user's end device. You can block the use of cookies at any time and delete permanent cookies by using the appropriate settings in the Internet browser. Detailed information about cookie options and methods is usually found in the Help menu of the Internet browser menu. If you block or restrict the use of cookies, this may cause some applications available on our website to not be used properly.
10.5 Information Obligation to Data Subjects The company SOLA Switzerland AG (identification and contact data in Article 1.1 GTC) processes the personal data of website visitors, customers and newsletter subscribers ("Data Subjects") in accordance with the Swiss Data Protection Act (DSG) and Regulation (2016/679) of the European Parliament and Council ("GDPR") as well as other applicable data protection laws that amend the GDPR Regulation, as "Data Controller". Personal data may be processed on behalf of the Controller within the scope of the concluded contract under the same strict conditions by the "Processor" (legal or natural person - entrepreneurs who provide IT services, data processing-related services and marketing services). Recipients of personal data may, in addition to the Controller and the specified intermediaries, also be providers of courier and postal services. Purpose of processing personal data: - Identifying the buyer as a contracting party to perform a contract via a shopping portal; enabling the creation of a customer account; proper delivery of documents and goods, implementation and execution of pre-contractual relationships; identifying the buyer for the purpose of conducting contract amendment or contract termination negotiations; responding to inquiries, comments or information from a concluded contract; record of contracts, invoices and other related documents; processing accounting documents for tax purposes; IT support for the administration of databases containing personal data and orders for the collection and processing of statistical information about customers; all on the legal basis of contract fulfillment, which you - the customer the data subject are, - sending a newsletter about our products, services and promos to website visitors on the legal basis of your consent as a data subject or on the legal basis of the controller's legitimate interest in our company's customers ("Direct Marketing") - fulfillment of legal obligations and generally binding legal provisions of Switzerland, in particular the value added tax law, on the basis of legal obligation. We need your first name, last name, address, email address, phone number, date of birth or year of birth to complete your order and properly execute the contract. For legal entities, these are the company name, the address of the registered office, including postal code, company number, VAT identification number, phone number and email address. Without providing this data, it is not possible to make a purchase, deliver the goods or issue or deliver a purchase receipt. To subscribe to the newsletter, we only process your email address and your date of birth. Your email address also serves as a communication channel for your orders. We process your personal data only for the duration of the purpose for which we obtained your personal data and for the time required for archiving under applicable law, for processing legitimate interest data until your processing is rejected, and to obtain your consent. The company Sola uses Mailchimp, Google Analytics and Google AdWords in a third country - the United States. The operators of these applications through access to the Privacy Shield ("EU-U.S. Privacy Shield") guarantee adequate safety and security of personal data and that personal data is processed in accordance with the Swiss Data Protection Act (DSG) the GDPR principles. As a data subject, you have the right at any time to withdraw your consent to the processing of your data with effect for the future, and your personal data will subsequently be deleted. You have the right to receive information free of charge about the processing of your stored data. Subject to compliance with the requirements set out in generally binding legal provisions, you also have (i) the right to access your personal data, (ii) the right to correct incorrect personal data, (iii) the right to restrict processing of personal data (block), (iv) the right to object to the processing of your personal data, (v) the right to delete personal data, in particular if they are no longer required for the purposes for which they were obtained or otherwise processed or if you have withdrawn your consent to processing and there is no other legal basis for processing or if personal data has been unlawfully processed. You also have the right to data portability, i.e. you have the right to obtain your personal data that you voluntarily provided in electronic form, after your consent, in a structured, commonly used and machine-readable format, and you can request to transfer this data to the other controller if this is technically possible. As a data subject, you have the right to lodge a complaint with the Swiss Federal Data Protection and Information Commissioner (FDPIC), the data protection authority for personal data in Switzerland, if you suspect that the processing of your personal data violates applicable laws. In connection with the rights mentioned above, you can contact us by email at info@gastroprofis.ch or by post at Sola Switzerland AG, Seetalstrasse 39, 6032 Emmen, Switzerland.
10.6 Newsletter If you subscribe to our newsletter, we will use the data required for this or separately provided by you to send you our email newsletter regularly based on your consent. You can unsubscribe from the newsletter at any time and can do so either by contacting the contact option described below or via a link provided in the newsletter. After unsubscribing, we delete your email address unless you have expressly consented to further use of your data or we reserve further data use that is permitted by law and about which we inform you in this statement.
10.7 Changes to This Privacy Policy The website operator reserves the right to change this privacy policy. When we change this privacy policy, we publish the revised version with the updated date. If you have questions about this privacy policy, you can contact us at info@gastroprofis.ch and put "Privacy Policy" in the subject of your message.
11. Further Provisions
Sola Switzerland AG E-Shop expressly reserves the right to change these GTC at any time and to put them into force without notice. In case of disputes, exclusively material Swiss law applies, excluding conflict of law provisions. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Law) is expressly excluded. The place of jurisdiction is Emmen, Canton Lucerne, Switzerland; subject to other mandatory places of jurisdiction
12. Contact
If you have any questions about these GTC, please contact info@gastroprofis.ch.
Version of 24.3.2022