conditions of use1. Scope and seller information
1.1 These “General Terms and Conditions” (hereinafter referred to as “GTC”) regulate the rights and obligations of GNL AG (“GNL”) and the customer who purchases a product (“Products”) via the GNL webshop www.gnlfootwear.com (“website”).
1.2 GNL reserves the right to change the terms and conditions from time to time. The GTC valid at the time of the confirmation of the customer order by GNL apply.
1.3 Further information about the seller can be found in the imprint.2. Conclusion of contract
2.1 The presentation of the products and the indication of prices on the website do not constitute a legally valid offer but are to be understood as an offer to the customer to conclude a contract.
2.2 GNL does not transmit an order acceptance, but only confirms receipt of the customer order. The actual delivery by GNL is considered as acceptance of the order by GNL and regulates the corresponding subject and scope of the contract between the parties. This also applies to advance payments by the customer, e.g., if GNL debits the credit card account specified by the customer. GNL reserves the right to reject the customer’s contract offer and not to deliver the ordered products if they are not available from GNL’s supplier or manufacturer. The publication of specifications, the scope of delivery etc. in the webshop is in no case legally binding; the actual specifications and scope of delivery specified by the product manufacturer at the time of delivery apply exclusively. If GNL is unable to deliver the ordered products per the customer’s order (price and product specifications), GNL will reimburse any advance payments made.
2.3 Unless confirmed in writing by GNL, the specified delivery times are only to be regarded as non-binding information, even though GNL has named them to the best of its knowledge. This applies in particular to delivery problems on the part of the manufacturer. If a delivery is delayed beyond the date confirmed in writing by GNL, the customer can set a grace period of at least three weeks. After the grace period has expired, the customer can withdraw from his order. Further claims are hereby excluded.
2.4 GNL is entitled to cancel confirmed orders at any time or not to deliver them, especially if GNL itself is not supplied with products by its suppliers. The customer acknowledges in particular that GNL reserves the right to make changes to the sales prices of the products, i.e., that prices may increase between the date of the order and the date of delivery by GNL; in such a case the customer is entitled to refuse delivery of the products. In this case, the customer will receive a refund of the purchase price paid for all products not delivered (even if a credit card specified by the customer is charged); any further claims are hereby excluded.
2.5 Order changes or cancellations requested by the customer are only valid if they have been confirmed in writing by GNL. Costs that have already been incurred by GNL up to this point can be charged to the customer.
2.6 GNL is entitled to make partial deliveries webshop and the customer undertakes to accept partial deliveries.
2.7 No guarantee is assumed for technical data and information about the scope of delivery, i.e., GNL is not liable for damage caused by deviations from this information.3. Prices and terms of payment
3.1 The prices to be paid by the customer correspond to those in the currency indicated, which are valid at the time GNL accepts the order.
3.2 All prices stated in the webshop include Swiss VAT.4. Payment and delivery
4.1 The payment methods we accept are listed on our website.
4.2 GNL only charges credit cards when the ordered products are dispatched. GNL reserves the right to verify credit card payments before accepting this form of payment. In the event of a delay in payment, GNL is entitled to partially or completely suspend all further deliveries to the customer without prior notice until the payment in question has been received or secured.
4.3 The purchase price is due for payment on purchase on the day the customer receives the delivery. If payment is not made within 30 days of the due date, the customer is in default. In this case, GNL reserves the right to charge the customer a reminder fee of CHF 20.00 per reminder in addition to the invoice amount. The open invoice amount (including default interest and reminder fees) can be given or sold for collection. In addition to paying the invoice amount, the customer is also obliged to reimburse all costs incurred due to the delay in payment. 4.4 Rejected shipments are treated as normal returns. See section 6.5. Retention of title
Ordered products remain the property of GNL until full payment to GNL.6. Right of withdrawal
6.1 After receipt of delivery, the customer can withdraw from the contract without giving a reason and return the delivered products within 30 days of the original invoice date.
6.2 To request the return procedure from GNL, the customer must observe the requirements for the return of deliveries, which are described in the Returns section on the website under Shipping & Returns.
6.3 The product is in original condition, i.e., undamaged, clean, and to be returned to GNL in the original packaging.
6.4 GNL does not offer a free pick-up service. The customer bears the cost of return transport.
6.5 If the customer has informed GNL that he wants to withdraw from the contract, all amounts owed to GNL will be repaid as soon as possible, at the latest within 30 days after receipt of the ordered goods in our warehouse (any shipping costs and import taxes will not be refunded). 6.6 The right of return does not exist for the purchase of gift vouchers.7. Transport damage
If the customer determines on receipt of delivery that the ordered products have been damaged in transit, he must inform the delivery service employee and contact GNL customer service via email@example.com. The customer’s warranty rights remain unaffected if he does not notify the shipping company or GNL of transport damage, but it will then be more difficult for GNL to enforce claims against the shipping company or an insurance company.8. Warranty
The warranty period is (6) months without product registration and (1) year with product registration (see the FAQ to register your shoes). All product defects covered by the warranty will be rectified by GNL free of charge for the customer. GNL’s warranty obligations for defective products are limited to correcting errors or exchanging products. A contract cancellation or reduction of the purchase price is hereby excluded. The warranty does not cover normal wear and tear and product changes.9. Limitation of liability
GNL is only liable for direct damage, and only if the customer can prove that GNL AG, its subsidiaries or third parties commissioned by it have acted with gross negligence or wilful misconduct. GNL’s liability is, in any case, limited to the purchase price of the deliveries/services in question. Any further liability on the part of GNL AG, its subsidiaries or third parties commissioned by it for damage of any kind is hereby excluded. In particular, the customer is not entitled to liability claims for damage that was not caused by the product itself. Examples of this are loss of production, use, orders or profits, or other indirect or consequential damage.10. Applicable law and jurisdiction
10.1 For consumers: The contractual relationships within the framework of this GTC between GNL and the consumer are subject to the laws applicable at the place of residence of the consumer. The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationships between the parties is the competent court as the place of residence of the consumer.
10.2 For all other customers: The contractual relationships within the framework of these terms and conditions between GNL and professional customers (resellers) are subject to Swiss law. The application of international contracts, in particular, the United Nations Convention of 11 April 1980 on contracts for the international sale of goods (Vienna Sales Law), is excluded. The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationships between the parties is Zurich, Switzerland. Alternatively, GNL is entitled to sue the customer at the place of jurisdiction of his place of business.11. Final provisions
If one of these GTC is declared invalid, all other provisions remain unaffected. Instead of the invalid provision, the corresponding valid law is to be applied.
1. Information about the collection of personal data and contact details of the person responsible1.1 We are pleased that you are visiting our website, and thank you for your interest. Below, we inform you about the handling of your data when using our website. Personal data is all data with which you can be personally identified.
1.2 Responsible for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is: Name: Eric Braunschweiler Address: Renggerstrasse 60, 8038 Zürich, Switzerland E-mail: firstname.lastname@example.org Telephone: +41 44 482 00 17 The person responsible for the processing of personal data is the natural or legal person who, alone or together with others, decides on the purposes and means of personal processing data.
1.3 For security reasons and to protect the transmission of personal data and other confidential content (e.g., orders or inquiries into the person responsible), this website uses an SSL or TLS encryption. You can recognize an encrypted connection by the string “https://” and the lock symbol in your browser line.
2. Data collection when visiting our website When using our website for informational purposes, i.e., if you do not register or otherwise provide us with information, we only collect data that your browser transmits to our server (so-called “server log files”). When you visit our website, we collect the following data, which is technically necessary for us to display the website to you: - Our visited website - Date and time at the time of access - Amount of data sent in bytes - Source/reference from which you came to the page - Browser used - Operating system used - IP address used Processing takes place in accordance with Art. 6 Para. 1 Point (f) GDPR based on our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files retrospectively if there are specific indications of illegal use.
In order to make visiting our website attractive and to enable the use of certain functions, we use so-called “cookies” on various pages. These are small text files that are stored on your device. Some of the cookies we use are deleted after the end of the browser session, i.e., after you close your browser (so-called “session cookies”). Other cookies remain on your device and allow us or our partner companies (third-party cookies) to recognize your browser the next time you visit (persistent cookies). If cookies are set, they collect and process certain user information such as browser and location data as well as IP address values on an individual basis. Persistent cookies are automatically deleted after a specified period, which may differ depending on the cookie. In some cases, cookies are used to simplify the ordering process by saving settings (e.g., remembering the content of a virtual shopping cart for a later visit to the website). If personal data is also processed by individual cookies implemented by us, the processing is carried out per Art.6 Para.1 Point (b) GDPR either for the execution of the contract or under Art. 6 Para. 1 Point (f) GDPR to protect our legitimate interests in the best possible functionality of the website as well as a customer-friendly and effective web page design. We may work with advertising partners who help us to make our website more interesting for you. For this purpose, cookies from partner companies are also saved on your hard disk when you visit our website (third-party cookies). Please note that you can set your browser so that you are informed about the setting of cookies and decide individually whether to accept them or to exclude the acceptance of cookies for certain cases or in general. Each browser differs in the way it manages the cookies settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You can find these for the respective browser under the following links: Internet Explorer, Firefox, Chrome, Safari or Opera. Please note that the functionality of our website may be restricted if cookies are not accepted.
4. Establishing contact
When contacting us (e.g., via contact form or e-mail), personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. This data is stored and used exclusively to answer your request or for contacting you and the associated technical administration. The legal basis for processing the data is our legitimate interest in answering your request per Art. 6 Para. 1 Point (f) GDPR. If your contact is aimed after a contract, then an additional legal basis for the processing is Art. 6 Para. 1 Point (b) GDPR. Your data will be deleted after the final processing of your request; this is the case if it can be inferred from the circumstances that the matter concerned has been finally clarified and provided that there are no statutory retention requirements.
5. Data processing when opening a customer account and for contract processing
According to Art. 6 Para. 1 Point (b) GDPR, personal data will continue to be collected and processed if you provide it to us for the execution of a contract or when opening a customer account. Which data is collected can be seen from the respective input forms. It is possible to delete your customer account at any time, and you can send a message to the above address of the person responsible. We save and use the data you provide for contract processing. After completion of the contract or deletion of your customer account, your data will be blocked with due regard to tax and commercial law retention periods and deleted after this period, unless you have expressly consented to further use of your data or reserve a legally permitted further data use on our part, about which we will inform you accordingly below.
6. Use of your data for direct advertising (newsletter)
If you register for our e-mail newsletter, we will send you regular information about our offers. The only mandatory information for sending the newsletter is your e-mail address. The provision of any other data is voluntary and is used to address you personally. We use the opt-in procedure to send the newsletter. This means that we will only send you an e-mail newsletter if you have expressly confirmed to us that you consent to the sending of the newsletters. With your registration, you give us your consent to the use of your data under Art. 6 Para. 1 Point (a) GDPR. When registering for the newsletter, we save your IP address entered by the Internet Service Provider (ISP) as well as the date and time of registration to be able to trace a possible misuse of your e-mail address at a later date. The data collected by us when registering for the newsletter will only be used for advertising purposes in the form of the newsletter. You can unsubscribe from the newsletter at any time using the link provided in the newsletter or by sending a message to the person named above. After unsubscribing, your e-mail address will be deleted from our newsletter mailing list immediately, unless you have expressly consented to further use of your data or we reserve the right to use the data beyond this, which is permitted by law and about which we inform you in this declaration.
7. Data processing for order processing
To process your order, we work with the following service provider(s) who support us in whole or in part in the execution of contracts. Certain personal data is transmitted to these service providers per the following information. The personal data collected by us will be passed on to the transport company commissioned with the delivery as far as this is necessary for the delivery of the goods. We pass on your payment data to the commissioned credit institution as part of the payment processing, if this is necessary for the payment processing. If payment service providers are used, we will inform you explicitly below. The legal basis for the transfer of the data is Art. 6 Para.1 Point (b) GDPR.
7.1 Using Stripe We use Stripe, an offer from the American Stripe Inc. (hereinafter “Stripe”) to process payments (legal basis according to GDPR, if and insofar as applicable: Art. 6 Para. 1 Point (b) and (f) GDPR). Stripe is certified according to both the EU-American and the Swiss-American Privacy Shield, thereby ensuring adequate data protection. In particular, Stripe has published the following information on the type, scope, and purpose of data processing: data protection declaration, entry in the Privacy Shield list.
8. Web analytics services
8.1 AWStats To be able to evaluate our website statistically, we use the AWStats program. The program is a free web analysis software. It is used to evaluate log files that web servers create based on visitor requests. The program does not use cookie files for evaluation. The statistical analysis is carried out via the log files, which also contain IP addresses. As a rule, this data cannot be assigned to specific persons. This data is not merged with other data sources; the data is also deleted after statistical analysis. In contrast to other statistical programs, no data is transmitted to an external server at AWStats. The program is installed on your server. For example, data transmission abroad is avoided because our servers are located in Switzerland (CH).
8.3 Google conversion tracking The information obtained using the conversion cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. Customers learn the total number of users who clicked on their ads and were redirected to a page with a conversion tracking tag. However, they will not receive any information that can be used to identify users personally. If you do not want to participate in tracking, you can object to this use by easily deactivating the Google Conversion Tracking cookie via your internet browser under user settings. You will then not be included in the conversion tracking statistics. “Conversion cookies” are saved based on Art. 6 Para.1 Point (f) GDPR. The website operator has a legitimate interest in analyzing user behavior to optimize both its website and its advertising. You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general, and activate the automatic deletion of cookies when the browser is closed. If cookies are deactivated, the functionality of this website may be restricted.
9. Tools and Others
9.2 Facebook Social Plugin Our website uses so-called social plugins (“plugins”) from the social network Facebook, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). The plugins are marked with a Facebook logo or the caption “social plugin from Facebook” or “Facebook social plugin.” An overview of the Facebook plugins and their appearance can be found here. When you visit a page on our website that contains such a plugin, your browser establishes a direct connection to the Facebook servers. The content of the plugin is transmitted from Facebook directly to your browser and integrated into the page. Through this integration, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook profile or are not currently logged into Facebook. This information (including your IP address) is transmitted from your browser directly to a Facebook server in the USA and stored there. If you are logged in to Facebook, Facebook can immediately assign your visit to our website to your Facebook profile. If you interact with the plugins, for example, by clicking the “Like” button or making a comment, this information is also transmitted directly to a Facebook server and stored there. The information is also published on your Facebook profile and displayed to your Facebook friends. The purpose and scope of the data collection and the further processing and use of the data by Facebook, as well as your rights and setting options for protecting your privacy, can be found in Facebook’s data protection information. If you do not want Facebook to assign the data collected via our website directly to your Facebook profile, you must log out of Facebook before visiting our website. You can also completely prevent the loading of the Facebook plugins with add-ons for your browser.
9.3 Instagram Social Media Plugin Our website uses so-called social plugins (“plugins”) from Instagram, which is operated by Instagram LLC., 1601 Willow Road, Menlo Park, CA 94025, USA (“Instagram”). The plugins are marked with an Instagram logo, for example, in the form of an “Instagram camera”. An overview of the Instagram plugins and their appearance can be found here. When you visit a page of our website that contains such a plugin, your browser establishes a direct connection to the Instagram servers. The content of the plugin is transmitted directly from Instagram to your browser and integrated into the page. Through this integration, Instagram receives the information that your browser has accessed the corresponding page of our website, even if you do not have an Instagram profile or are not currently logged in to Instagram. This information (including your IP address) is sent from your browser directly to an Instagram server in the USA and stored there. If you are logged into Instagram, Instagram can immediately assign your visit to our website to your Instagram account. If you interact with the plugins, for example, by pressing the “Instagram” button, this information is also transmitted directly to an Instagram server and stored there. The information will also be published on your Instagram account and displayed to your contacts there. The purpose and scope of the data collection and the further processing and use of the data by Instagram as well as your rights and setting options for protecting your privacy, can be found in Instagram’s data protection information. If you do not want Instagram to directly associate the data collected via our website with your Instagram account, you must log out of Instagram before visiting our website. You can also completely prevent the loading of Instagram plugins with add-ons for your browser, e.g., using the script blocker “NoScript.”
10. Rights of the data subject The applicable data protection law grants you comprehensive data protection rights (information and intervention rights) to the person responsible concerning the processing of your personal data, about which we will inform you below:
• Right to information per Art. 15 GDPR: In particular, you have a right to information about your data processed by us, the processing purposes, the categories of processed personal data, the recipients or categories of recipients to whom your data has been or will be disclosed, planned storage period or the criteria for determining the storage period, the existence of a right to correction, deletion, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if we have not collected it from you, the existence of automated decision-making, including profiling and, if necessary, meaningful information about the logic involved and the scope that affects you and the intended effects of such processing, as well as your right to be informed about the guarantees that exist according to Art. 46 GDPR when your data is forwarded to third countries;
• Right to correction under Art. 16 GDPR: You have the right to immediate correction of incorrect data concerning you and/or completion of your incomplete data stored by us;
• Right to deletion according to Art. 17 GDPR: You have the right to request the deletion of your data if the requirements of Art. 17 Para. 1 GDPR is met. However, this right does not exist in particular if the processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
• Right to the restriction of processing per Art. 18 GDPR: You have the right to request the restriction of the processing of your data as long as the correctness of your data, which you disputed, is checked, if you reject the deletion of your data due to inadmissible data processing and instead request the restriction of the processing of your data if you need your data for the establishment, exercise or defense of legal claims after we no longer need this data once the purpose has been achieved or if you have objected based on your particular situation, as long as it is not certain whether our legitimate reasons prevail;
• Right to information per Art. 19 GDPR: If you have asserted the right to correction, deletion or restriction of processing against the person responsible, he is obliged to correct or delete the data to all recipients to whom the personal data concerning you have been disclosed or to restrict processing unless this proves to be impossible or involves a disproportionate effort. You have the right to be informed about these recipients;
• Right to data portability per Art. 20 GDPR: You have the right to receive your data that you have provided to us in a structured, common and machine-readable format or to request the transfer to another person responsible, insofar as this is technically feasible;
• The right to revoke the consent given per Art. 7 Para. 3 GDPR: You have the right to revoke your consent to the processing of data at any time with future effect. In the event of revocation, we will delete the data concerned immediately, unless further processing can be based on a legal basis for processing without consent. Withdrawing consent does not affect the lawfulness of processing based on consent before its withdrawal;
• Right to file a complaint per Art. 77 GDPR: If you believe that the processing of your data violates the GDPR, you have the right to complain with a supervisory authority, in particular without prejudice to any other administrative or judicial remedy of the Member State of your residence, your place of work or the place of the alleged violation.
11. Right to object If we process your data based on our overriding legitimate interest as part of a balancing of interests, you have the right at any time to object to this processing with future effect for reasons that arise from your particular situation. If you exercise your right to object, we will stop processing the data concerned. Further processing is reserved, however, if we can prove compelling reasons for processing worthy of protection that outweigh your interests, fundamental rights and freedoms, or if the processing serves to assert, exercise or defend legal claims. If we process your data for direct marketing purposes, you have the right to object at any time to the processing of your data for such advertising. You can exercise the objection as described above. If you exercise your right to object, we will stop processing the data concerned for direct marketing purposes.
12. Duration of storage of personal data The duration of the storage of personal data is based on the respective statutory retention period (e.g., retention periods under commercial and tax law). After the deadline has expired, the corresponding data will be routinely deleted, provided that it is no longer required to fulfill the contract or initiate a contract and/or that we have no legitimate interest in the further storage.
Zurich, 25 May 2018