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
The controller responsible for the processing of personal data is Sola Switzerland AG, Seetalstrasse 39, CH-6032 Emmen / Lucerne, Switzerland (hereinafter referred to as the “Controller” or “Sola”).
The Controller respects the privacy of users of the website www.gastroprofis.ch and the online shop and processes personal data exclusively in accordance with the provisions of the Swiss Federal Act on Data Protection (nFADP).
Where applicable, the requirements of the General Data Protection Regulation (GDPR) shall also be taken into account, in particular where data subjects located within the European Union are concerned.
This Privacy Policy provides information on which personal data are processed, the purposes for which such processing is carried out, and the rights available to data subjects. It applies to all users of the website and may be amended at any time. The version currently published on the website shall prevail.
10.2 Definitions and Scope of Data Processing
Personal data means any information relating to an identified or identifiable natural person.
The Controller processes personal data both automatically when users visit the website and directly when users provide such data in the course of placing an order, registering an account, making an enquiry, or otherwise communicating with the Controller.
10.3 Data Collected Automatically When Visiting the Website
When accessing the website, certain technical information is collected automatically, including, in particular, the IP address, date and time of access, browser type and version, operating system, referrer URL, and the pages accessed.
Such data are processed for the purposes of ensuring the technical operation of the website, maintaining the security of the systems, and carrying out statistical analyses and improvements of the website.
10.4 Data Processed in Connection with Orders, Customer Accounts and Communications
When users place an order or create a customer account, the Controller processes, in particular, the user's first name, last name, billing and delivery address, email address, telephone number, as well as payment and order-related information.
Such data are processed for the purposes of contract performance, delivery of goods, invoicing, customer communications, and the handling of enquiries and complaints.
A customer account is used exclusively for the administration of orders and the facilitation of future purchases.
10.5 Legal Bases for Data Processing
Personal data are processed on the following legal bases, depending on the purpose of the processing.
Processing may be carried out for the performance of a contract or in order to take steps at the request of the data subject prior to entering into a contract.
Processing may be carried out for compliance with legal obligations to which the Controller is subject.
Processing may also be carried out on the basis of the Controller’s legitimate interests, including, in particular, ensuring IT security, improving services, and optimising the user experience.
Where consent is obtained, personal data are processed on the basis of such consent. Consent may be withdrawn at any time with effect for the future.
10.6 Storage and Retention of Personal Data
Personal data shall be retained only for as long as is necessary to fulfil the respective purpose for which they were collected or as required by applicable statutory retention obligations.
Once the relevant purpose no longer applies or the applicable statutory retention periods have expired, the personal data shall be deleted or anonymised.
10.7 Cookies and Tracking Technologies
The website uses cookies and similar technologies to ensure the proper functioning of the website, enhance user convenience, and carry out statistical analyses and, where applicable, marketing-related analyses.
Strictly necessary cookies are used on the basis of the Controller’s legitimate interests.
All cookies that are not technically necessary are used only after the user has provided prior consent.
Such consent is obtained through a consent management tool and may be modified or withdrawn at any time.
The website may use necessary, functional, analytics, and marketing cookies.
10.8 Web Analytics and Third-Party Services
The Controller may use services provided by third parties, including, in particular, Google Analytics, Google Ads, Meta Platforms, YouTube, Mailchimp, as well as live chat and affiliate tracking systems.
Such services are used exclusively on the basis of the user’s prior consent.
In connection with the use of these services, personal data may be transferred to third countries outside Switzerland, including, in particular, the United States.
Any such transfer shall take place only where appropriate safeguards are in place, including, without limitation, Standard Contractual Clauses (SCCs) or other recognised international data protection mechanisms.
10.9 Disclosure of Personal Data
As a general rule, personal data are not disclosed to third parties unless such disclosure is necessary for the performance of a contract, required by law, or carried out in connection with the engagement of external service providers acting as data processors.
Such service providers include, in particular, IT and hosting providers, payment service providers, shipping and logistics companies, as well as providers of marketing and communication services.
All service providers are contractually bound to process personal data exclusively for the agreed purposes and to implement and maintain appropriate security measures.
10.10 Data Security
The Controller implements appropriate technical and organisational measures to protect personal data against loss, misuse, unauthorised access, disclosure, alteration, or destruction.
The transmission of data is encrypted using HTTPS. Access to customer accounts is protected by passwords.
10.11 Rights of Data Subjects
Under Swiss data protection law, data subjects have, in particular, the right to obtain information about their stored personal data, the right to rectification of inaccurate data, the right to erasure, the right to restriction of processing, and the right to object to certain data processing activities.
Where processing is based on consent, such consent may be withdrawn at any time.
Data subjects also have the right to lodge a complaint with the competent data protection supervisory authority.
10.12 Contact
For any questions regarding data protection, the Controller may be contacted using the following details:
Sola Switzerland AG
Seetalstrasse 39
CH-6032 Emmen / Lucerne
Email: info@gastroprofis.ch
10.13 Governing Law and Jurisdiction
Should any provision of this Privacy Policy be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.
Swiss law shall apply exclusively, to the exclusion of any conflict of laws rules.
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