ALLGEMEINE GESCHÄFTSBEDINGUNGEN (AGB)
As of: 13.05.2022
The online shop is an offer of the Swiss Digital Hub AG (hereinafter the "Provider") with selected goods and services. The general contact addresses and further information on the provider can be found in the imprint.
These General Terms and Conditions (GTC) govern the rights and obligations of both the provider and the customers. These GTC apply exclusively. Supplementary or additional conditions may exist for individual or additional offers. Information on data protection can be found in the Data Protection Statement.
1. Offer and Order
The offer in the online shop is aimed exclusively at natural persons who have unlimited capacity to act and are of full age or are acting with the consent of such persons, as well as legal entities, in each case with residence or registered office in Switzerland or the Principality of Liechtenstein. The provider is entitled to carry out age checks.
The offer in the online shop including advertisements and price lists is subject to change and non-binding. Information in the online shop, including photographs and illustrations, do not represent guaranteed properties.
Orders are binding for customers. Customers receive a non-binding confirmation from the provider for orders. The contract with the supplier shall only be concluded upon notification that the goods are ready for collection or dispatch.
2. Collection and delivery
The supplier shall inform the customers in a suitable manner which collection and delivery options are available. The provider is entitled, at its own discretion and without stating reasons, not to offer collection and delivery options - including to individual customers - or to offer them only under certain conditions.
Information on collection and delivery periods and availability is non-binding for the provider. Collection and delivery times may change at any time, in particular due to delays at the supplier's suppliers. The Supplier is entitled to make partial deliveries and to make orders partially available for collection.
The Supplier is entitled to set a deadline for the collection or acceptance of an order. If the order is not collected in due time or if a customer refuses to accept the order, the Supplier is entitled, at its own discretion, to withdraw from the contract or to deliver the order at the customer's expense and to charge a handling fee. The provider is entitled, at its own discretion, to charge a handling fee of a flat rate of 30.0 % of the order value or compensation for the actual handling.
The provision for collection and deliveries are made at the risk and expense of the customer. The risk shall pass to the customer as soon as the consignment has been handed over by the supplier to the transport company or has been made available for collection. The Supplier is entitled, at its own discretion, to waive the delivery costs or to provide that the delivery costs are included in the price. The supplier is entitled to charge a small quantity surcharge or to provide for a minimum order quantity.
Collections are only possible at agreed or published times. Unless expressly agreed otherwise, deliveries are made to the kerbside in Switzerland and subject to accessibility.
Customers are obliged to check collected or delivered goods immediately for defects as well as correctness and completeness. Complaints must be reported to the supplier as soon as possible, but at the latest within five calendar days. This also applies to defects that can only be discovered at a later date. Complaints concerning transport damage must also be reported to the transport company within the same period. The reports must in each case be made in a form that allows proof by text.
3. Prices and payments
Prices in the online shop can be adjusted at any time. The prices at the time of individual orders shall apply. Unless otherwise indicated, all prices in the online shop include statutory value added tax. Misprints and errors are expressly reserved.
The provider informs customers in a suitable form which means of payment are available. The provider is entitled, at its own discretion and without stating reasons, not to offer means of payment - including to individual customers - and to make orders dependent on immediate payments and down payments or advance payments. The provider is entitled to charge payment fees, for example for deposits at the post office counter.
Goods remain the property of the provider until full payment has been made. The provider is entitled to have a corresponding entry made in the retention of title register.
4. Right of return
The provider shall inform customers in a suitable manner whether, and if so to what extent, a right of return exists or does not exist for goods that are free of defects. There is no statutory right of return.
The provider shall inform customers, if and to the extent that a right of return exists, within what period and how this right of return can be exercised by customers.
5. Guarantee, warranty and liability
In the event of defects, the provider shall decide, without giving reasons and at its own discretion, how defects are to be remedied. The statutory warranty is excluded in full.
The provider is liable exclusively for direct damage caused by its own gross negligence or intentional acts. Liability for third parties as well as for indirect damages and consequential damages is excluded. In particular, the provider shall not be liable if the obligations arising from these GTC are only partially or not completely fulfilled due to force majeure. Force majeure shall include, in particular, assassinations and explosions, epidemics and pandemics including the COVID 19 pandemic, riots, wars and unrest, lightning strikes and fires, nuclear accidents, magnetic storms, strikes, the restriction or interruption of electricity supply and telecommunications services, floods and other natural disasters, officially ordered prohibitions and unforeseen weather conditions.
The limitation of liability pursuant to these GTC shall apply irrespective of the respective legal ground. Any further mandatory liability, in particular for personal injury as well as in accordance with the applicable data protection and product liability law, shall remain reserved.
6. Money-back guarantee
As of: 07.09.. 2022
From now until the end of the year, we have introduced the "Money-Back-Guarantee".
Under the following conditions, we will take back the order and refund the money:
- Write us within 7 days (from date of order) an email to info@anao.ch incl. a short reason.
All orders are accepted.
- A maximum of one bottle may be opened.
- The return shipping costs will not be covered by us.
- The order value according to your order confirmation (excl. shipping) will be refunded to you within 14 days
7 Final provisions
The provider is entitled to adjust these terms and conditions at any time. The GTC at the time of the individual orders apply.
The provider is entitled to have individual or all rights and obligations arising from these GTC exercised by third parties or to transfer them to third parties.
These GTC are subject exclusively to Swiss law with exclusive place of performance and jurisdiction at the provider's registered office. Consumer contracts are contracts for services of normal consumption intended for the personal or family needs of customers.
Date and time including time zone, Internet Protocol (IP) address, access status (HTTP status code), operating system including user interface and version, browser including language and version, individual sub-page of our website accessed including amount of data transferred, website last accessed in the same browser window (referer or referrer).We store such information, which may also constitute personal data, in server log files. The information is necessary to provide our online offer in a permanent, user-friendly and reliable manner and to ensure data security and thus in particular the protection of personal data - also by third parties or with the help of third parties.
5.3 Tracking pixels
We may use tracking pixels on our website. Tracking pixels are also known as web beacons. Tracking pixels - including those from third parties whose services we use - are small, usually invisible images that are automatically retrieved when you visit our website. Tracking pixels can be used to collect the same information as server log files.
6. Notifications and communications
We send notifications and communications such as newsletters via email and other communication channels such as instant messaging.
6.1 Performance and reach measurement
Notifications and communications may contain web links or tracking pixels that record whether an individual communication has been opened and which web links have been clicked. Such web links and tracking pixels may also track usage of notifications and communications on a personal basis. We need this statistical recording of usage for performance and reach measurement in order to be able to offer notifications and communications effectively and in a user-friendly manner based on the needs and reading habits of the recipients, as well as permanently, securely and reliably.
6.2 Consent and objection
You must basically expressly consent to the use of your e-mail address and other contact addresses, unless the use is permitted for other legal reasons. For any consent to receive e-mails, we use the "double opt-in" procedure where possible, i.e. you will receive an e-mail with a web link that you must click to confirm, so that no misuse by unauthorised third parties can take place. We may log such consents including Internet Protocol (IP) address, date and time for evidence and security reasons.
You can basically unsubscribe from notifications and communications such as newsletters at any time. By unsubscribing, you can in particular object to the statistical recording of usage for performance and reach measurement. Notifications and messages that are absolutely necessary for our offer remain reserved.
6.3 Service providers for notifications and messages
We send notifications and messages via third-party services or with the help of service providers. This may also involve the use of cookies.
We use in particular:
Mailchimp: Communication platform; Provider: The Rocket Science Group LLC d/b/a Mailchimp (USA) as subsidiary of Intuit Inc (USA); data protection information: Privacy Policy (Intuit) including "Country and Region-Specific Terms", Cookie Policy, "Privacy Rights Requests", "Mailchimp and European Data Transfers", "Security".
7. Social Media
We are present on social media platforms and other online platforms in order to communicate with interested persons and to inform them about our offer. In this context, personal data may also be processed outside Switzerland and the European Economic Area (EEA).
The General Terms and Conditions (GTC) and Terms of Use as well as data protection declarations and other provisions of the individual operators of such online platforms also apply in each case. These provisions inform in particular about the rights of data subjects, which include, for example, the right to information.
We are jointly responsible with Meta Platforms Ireland Limited (Ireland) for our social media presence on Facebook, including the so-called Page Insights, insofar as and to the extent that the GDPR is applicable. Meta Platforms Ireland Limited is part of the Meta companies (including in the USA). Page insights provide information about how visitors interact with our Facebook presence. We use Page Insights to be able to provide our social media presence on Facebook in an effective and user-friendly way.
Further information on the type, scope and purpose of data processing, information on the rights of data subjects and the contact details of Facebook as well as Facebook's data protection officer can be found in the Data Protection Statement of Facebook. We have entered into the so-called "Addendum for Responsible Parties" with Facebook and have thus agreed in particular that Facebook is responsible for ensuring the rights of data subjects. For the so-called Page Insights, the corresponding information can be found on the page "Information on Page Insights" including "Information on Page Insights Data".
8. Third-party services
We use third-party services in order to be able to provide our offer in a durable, user-friendly, secure and reliable manner. Such services may also be used to embed content on our website. Such services - for example hosting and storage services, video services and payment services - require your Internet Protocol (IP) address, as such services cannot otherwise transmit the corresponding content.
For their own security-related, statistical and technical purposes, third parties whose services we use may also process data in connection with our offer as well as from other sources - including cookies, log files and counting pixels - in aggregated, anonymised or pseudonymised form.
We use in particular:
Services from Google: Providers: Google LLC (USA) / Google Ireland Limited (Ireland) for users in the European Economic Area (EEA) and Switzerland; General information on data protection: "Privacy and security policy", Privacy policy, "Google is committed to complying with applicable data protection laws", "Privacy Guide for Google Products", "How we use data from websites or apps where our services are used" (provided by Google), "How Google uses cookies", "Personalised advertising" (enable/disable/settings).
8.1 Digital infrastructure
We use third party services to provide necessary digital infrastructure for our services. This includes, for example, hosting and storage services from specialised providers.
8.2 Social media features and social media content
We use third party services and plugins to embed features and content from social media platforms and to enable sharing of content on social media platforms and other ways.
We use in particular:
Facebook (social plugins): Embedding Facebook functions and Facebook content, for example "Like" or "Share"; provider: Meta Platforms Ireland Limited (Ireland) and other Meta companies (including in the USA); data protection information: privacy policy.
Instagram platform: Embedding of Instagram content; providers: Meta Platforms Ireland Limited (Ireland) and other Meta companies (including in the USA); privacy information: privacy policy (Instagram), Data protection statement (Facebook).
Pinterest (social plugins): Embedding functions and content or pins from Pinterest (example: "Pin Widget"); Provider: Pinterest Inc. (USA) / Pinterest Europe Ltd. (Ireland) for users in the European Economic Area (EEA); data protection information: "Privacy, Security and Legal", Data Protection Statement, "Personalisation and Data", Cookie Policy.
8.3 E-commerce
We engage in e-commerce and use third party services to successfully provide services, content or goods.
8.4 Payments
We use payment service providers to securely and reliably process payments from our customers. The terms and conditions of the respective payment service providers, such as general terms and conditions (GTC) or data protection statements, apply to the processing.
We use in particular:
PayPal (including Braintree): Processing of payments; Provider: PayPal (Europe) S.à r.l. et Cie, S.C.A. (Luxembourg) / PayPal Pte. Ltd. (Singapore); privacy disclosures: Privacy Statement, "Statement on Cookies and Tracking Technologies".
Credit card services such as Visa and Mastercard. American Express is not supported.
TWINT: Processing of payments in Switzerland; provider: TWINT AG (Switzerland); data protection information: "Data protection for TWINT apps", "Privacy policy website", "General Terms and Conditions for the use of TWINT" including the section "Data protection".
8.5 Advertising
We use the possibility of displaying targeted advertising for our offer on third parties such as social media platforms and search engines.
We would like to use such advertising in particular to reach people who are interested in our offer or who already use our offer (remarketing and targeting). For this purpose, we may transmit corresponding - possibly also personal - information to third parties who enable such advertising. We can also determine whether our advertising is successful, i.e. in particular whether it leads to visits to our website (conversion tracking).
Third parties with whom we advertise and where you are registered as a user can, if necessary, assign the use of our offer to your profile there.
We use in particular:
Facebook advertising (Facebook Ads): Social media advertising; provider: Meta Platforms Ireland Limited (Ireland) and other Meta companies (including in the USA); data protection information: remarketing and targeting in particular with the Facebook Pixel as well as Custom Audiences including Lookalike Audiences, privacy policy, "advertising preferences" (user registration required).
Google Ads: search engine advertising; Google Ads-specific privacy disclosures: advertising based on search queries, among other things, using various domain names - notably doubleclick.net, googleadservices.com and googlesyndication.com - for Google Ads, "Advertising" (Google), "Why do I see a certain advertisement?".
11. Performance and Reach Measurement
We use services and programmes to determine how our online offering is used. In this context, we may, for example, measure the success and reach of our online offer and the effect of third-party links to our website. We can also, for example, test and compare how different versions of our online offer or parts of our online offer are used ("A/B test" method). Based on the results of the performance and reach measurement, we can, in particular, correct errors, strengthen particularly popular content or make improvements to our online offering.
When using services and programmes for performance and reach measurement, the Internet Protocol (IP) addresses of individual users must be stored. IP addresses are basically shortened in order to follow the principle of data economy through the corresponding pseudonymisation and to improve the data protection of visitors to our website ("IP masking").
When using services and programmes for performance and reach measurement, cookies may be used and user profiles may be created. User profiles include, for example, the pages visited or content viewed on our website, information on the size of the screen or browser window and the - at least approximate - location. In principle, user profiles are only created pseudonymously. We do not use user profiles to identify individual visitors to our website. Individual services with which you are registered as a user can, if necessary, assign the use of our online offer to your profile with the respective service, whereby you usually had to give your consent to this assignment in advance.
We use in particular:
Google Analytics: performance and reach measurement; Google Analytics-specific information on data protection: measurement also across different browsers and devices (cross-device tracking) as well as with pseudonymised Internet Protocol (IP) addresses, which are only exceptionally transmitted in full to Google in the USA, "Privacy", "Browser Add-on to disable Google Analytics".
Google Tag Manager: Integration and management of other services for performance and reach measurement as well as other services from Google and third parties; Google Tag Manager-specific information on data protection: "Data collected with Google Tag Manager"; further information on data protection can be found with the individual integrated and managed services.
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