OPEND AG (hereafter “OPEND“ or “we“) offers its customers products for purchase directly via its website www.opend.ch. The following Terms of Sale (“Terms“) apply to the sale of the products via the website.
OPEND hereby explicitly refuses to apply the customer’s Terms of Business and Sale. Such Terms can only be included in the agreements concluded between the contracting parties if explicitly confirmed in writing by OPEND.
The Terms and prices, products and guidelines may change from time to time and OPEND has complete discretion to make subsequent revisions.
The Terms of Sale are deemed accepted and to have legal effect when OPEND communicates the valid Terms of Sale to the customer and an order is subsequently placed by the customer. A customer must view these Terms before placing an order, so that they are aware of the valid version of the Terms.
In the event that any provision of these Terms should be invalid or incomplete, this shall not affect the other provisions of these Terms. An invalid or incomplete provision shall be deemed to be replaced by another provision, which shall be as close as possible in purpose and economic content to the invalid provision.
Any customer who wishes to make a purchase on the website undertakes and guarantees that they are doing so solely on their own account, are at least 18 years old, are fully legally competent or have obtained appropriate permission from a parent or guardian.
“Consumers“ as used in these Terms are natural persons who conclude a contract with OPEND for purposes which are not chiefly of a commercial type or serve in the performance of activities by self-employed business people.
“Businesspersons“ as used in these Terms are any customers who are acting in their capacity as commercially active business people or in the context of their activities as freelance business people.
A customer can set up an account or purchase products as a “guest”.
The customer undertakes to give full, correct and up-to-date information and regularly amend outdated or incorrect data.
To create an account, the customer must enter certain personal data, including their email address and password, in order to be able to access their account. The personal data which the customer is required to state to OPEND via the website falls under OPEND’s data protection guidelines, which can be read and downloaded on the website. You hereby acknowledge and state yourself to be in agreement with the fact that the transfer of data over the internet is never wholly private and secure and that the messages or data sent to the website by the customer can be read or intercepted by other persons, even if it is specifically indicated that the certain data (for example credit card details) are transferred in encrypted form.
The customer must ensure that their access details always remain secret. The customer is responsible for all activities which take place via their account (including but not limited to the purchase of products made via the account).
OPEND does not accept any liability for losses or damage which arise as a result of the customer not complying with the above obligations. OPEND may at any time, at its discretion, cancel the account or temporarily block the customer's access to the website or suspend use by the customer if OPEND has reasonable grounds to assume that (a) the customer is violating the present provisions, (b) a third party is using the account without the customer's consent, or (c) if OPEND has to cancel or temporarily suspend the account for security reasons or for maintenance purposes.
PRODUCT FEATURES AND AVAILABILITY
The essential features of the products offered for sale at www.opend.ch are described on the website.
Due to the processing of images by computer and despite considerable effort having been made in the production of our product pages, it is possible that the colors shown on the website differ slightly from the actual color.
Depending on availability, the products offered for sale and their prices are valid while they are offered for sale at www.opend.ch.
If contrary to expectations, a product should no longer be available after an order has been placed or the probable delivery date changes, an email message will immediately be sent to the address given by the customer when placing the order. Notwithstanding existing legal claims, a customer who is a consumer may cancel or make changes to their order at no additional cost prior to dispatch of the goods. If the customer is a businessperson, he shall grant OPEND a reasonable extension if it proves impossible to respect the delivery date.
CONCLUSION OF CONTRACT
The images of goods in catalogues, advertising media and on the website are not legally binding and do not constitute an offer to conclude a purchase contract.
At the end of the ordering process, the customer places a binding offer for the purchase of the selected products. The order process is completed when the payment is charged to the account indicated by the customer.
Once the ordering process is completed, an email summarizing the order and acknowledging receipt will be sent to the email address the customer has provided. This order confirmation does not constitute a binding acceptance of the customer’s offer.
The contract shall be deemed as concluded upon written confirmation by OPEND. OPEND reserves the right to reject a customer as contractual party without giving any reasons for such decision. The submission of an offer by the customer does not give entitlement to the conclusion of a contract.
All prices shown at www.opend.ch are gross prices, inclusive of the applicable rate of VAT and costs for packaging and dispatch.
OPEND accepts the methods of payment shown on the website.
The account indicated by the customer is charged immediately upon conclusion of the order.
SHIPMENT AND DELIVERY COSTS, RISK ASSUMPTION
The products purchased from www.opend.ch can only be delivered to addresses in selected countries. OPEND shall not be held responsible for any mistake by the customer in the information provided at the time of the order confirmation or for any delays resulting from this.
In general, products will be delivered within the timeframe indicated on selection of the shipping method. However, OPEND cannot guarantee any binding delivery times.
Once the products have been shipped, the risk of loss or damage to said products and any damage that may occur shall be transferred to the customer.
Upon receipt, the products purchased on www.opend.ch must be thoroughly inspected for defects by the customer. If the products purchased on www.opend.ch are received defective, the customer must notify OPEND customer service immediately within one week at the latest by email at firstname.lastname@example.org. The customer must provide OPEND with detailed information regarding the defects and keep the original product packaging and the shipping box in the condition in which it was received and otherwise follow the instructions provided by the customer service.
Should the customer fail to make notification, the purchased product shall be deemed accepted and the warranty claims shall lapse.
A warranty does not cover damage for which the purchaser is responsible, for example as a result of improper handling, and in particular also as a result of inadequate returns packaging.
Liability for consequential damages is excluded to the extent permitted by law.
Products purchased on www.opend.ch can be returned within fourteen (14) days from the date of shipping confirmation, subject to the products ordered being returned as new and in their original packaging. The customer bears reshipment costs.
The address for returns from Switzerland is: Rhenus Logistics AG c/o OPEND AG Grenzstrasse 121 CH-4057 Basel Switzerland
The address for returns from the EU is: Rhenus Port Logistics Weil am Rhein GmbH & Co. KG c/o OPEND AG Hafenstrasse 45-46 D-79576 Weil am Rhein Germany
In the event of dereliction of duty and of unlawful acts, as well as claims for compensation due to unnecessary expenditure, claims are ruled out both against OPEND and its authorized representatives and parties employed in fulfilling a contractual obligation for which the purchaser is vicariously liable.
The aforementioned limitation of liability shall not apply if the damage was caused deliberately or in a grossly negligent way.
JURISDICTION AND APPLICABLE LAW
Sole place of jurisdiction is the city of Zurich.
These Terms of Sale are governed exclusively by Swiss law. The Vienna Sales Convention shall not apply.
Data Protection Guidelines
DATA PROTECTION DECLARATION OPEND AG (hereinafter: “we” and “us”), as operator of the website www.opend.ch, is responsible for the personal data of the users (hereinafter “you”) of the website as defined by data protection legislation and under certain circumstances the European General Data Protection Regulation ("GDPR"). We are aware of the importance of privacy in respect of personal and financial information. We therefore collect process and use your personal data only in accordance with the content of this data protection declaration and with the applicable data protection legislation, in particular the GDPR. In this data protection declaration, we hereby inform you of which of your personal data we collect, process and use when you use our website or in emails, texts and other electronic messages between you and us. Please read the following statements carefully. We reserve the right to amend the data protection declaration from time to time. Therefore, please check it regularly. Our website is not intended for persons under the age of 16. Persons under the age of 16 are not authorized to provide personal data to or on our website. We would point out that we will not knowingly collect any data from persons under the age of 16. If you are younger than 16, please do not register on our website, make any purchases via our website, use any interactive or public comment functions of this website or share with us any information about you, including your name, address, telephone number, email address or a user name. If we become aware that we have collected or received personal data from a person under the age of 16 without verification of parental consent, this data will be deleted. If you suspect that we may have data from or about a person under the age of 16, please contact us at the email address or postal address provided in the "CONTACT" section.
TYPES OF DATA WHICH WE COLLECT AND USE We collect certain individually identifiable data that you actively submit through the website and through cookies, flash cookies, web beacons and other tracking technologies. This information may include personal data. Personal data in the meaning of this data protection declaration is any information relating to an identified or identifiable natural person. Such personal data may include your full name, title, birthday, email address(es), billing address(es), delivery address(es), telephone number(s), password for the access to your account, credit card information, shopping patterns, and product interests. We use personal data primarily for the purpose for which you originally provided it (i.e. to sell and deliver Products, to provide the requested newsletter, or the like), and for purposes of improving our Products and services, market research, personalized marketing and customer profiling.
PROVISION OF THE WEBSITE Personal data also includes information about your use of our website. In this context we may collect the following data from you:
your IP address,
date and time of your enquiry,
time difference from Greenwich Mean Time,
content of your enquiry,
status of your enquiry/HTTP status code,
scope of the transferred data,
website from which your enquiry was redirected,
browser, operating system and user interface, language and version of your browser,
location from which you retrieve data from the website,
other communication data and source retrieved by you.
This data will be collected through log files and cookies. Please see below for further information regarding cookies.We use this data to pursue the following legitimate interests:
to display our website on your computer,
to ensure functionality of the website,
to optimise the website,
to ensure the security of our IT systems.
The data will be deleted as soon as it is no longer required for the fulfilment of the purpose for which the data was originally collected.
E-COMMERCE-PLATFORM You can place orders and purchase products via the website. To enter into a contract with you and to perform this contract, we collect the following data from you:
further voluntary details, if applicable.
NEWSLETTER We will use your email address to transmit direct marketing communications to you by email, but only if you have registered to receive our newsletter on our website. Besides your email address, we also collect the following information from you:
registration time and date.
We store and use your email address in order to send you newsletters on a regular basis. Your email address will not be disclosed to any third party. The collection of the remaining information is intended to prevent abuse of our services and the email address which has been entered. You can opt-out of receiving such communications at any time by following the unsubscribe instructions within the newsletter or by sending an email to email@example.com. Your personal data will be stored until you unsubscribe to the newsletter or you withdraw your consent.The legal basis for this processing is Article 6(1)(a) GDPR. Our newsletter also contains a web-beacon or tracking pixel, which takes the form of a one-pixel image stored on our website. We use this technology to analyse your usage behaviour. This data will be collected and analysed in a pseudonymised manner and will not be linked with your personal data. You are entitled to object to tracking at any time by clicking the link which is provided in every newsletter email or by informing us of your objection via email or letter. The relevant information will be deleted once you have unsubscribed from the newsletter. Processing is pursuant to Article 6(1)(f) GDPR.
DATA DISCLOSURE AND SHARING We work with selected third parties that provide services on our behalf to maintain our website, enable communication with our customers and provide other services. The personal data that we obtain through this website may be accessed by these third parties, solely on OPEND’s behalf. We do not authorise these service providers to make any other use of your personal data. The following services are provided for us by service providers:
external customer services,
organisation of email marketing,
analysis of use of our homepage.
We may also disclose personal data to financial institutions or other third parties in connection with performing payment transactions. We do not otherwise disclose your personal data to third parties, unless required by law. Such a legal requirement may arise in connection with a legal claim or legal proceedings, or if it is otherwise necessary to protect our rights or legitimate interests or to protect the rights and legitimate interests of third parties.
ACCESS TO DATA PROTECTION DECLARATION AND AMENDMENTS We reserve the right to make changes to our data protection declaration from time to time. We will post the updated declaration on our website. We therefore recommend that you review this website from time to time, in particular each time you use it. If you are registered with us and would like to delete your registration and personal details from our database, please click on the deregistration link. Please keep your personal data accurate, current and complete by regularly updating your personal account or by contacting us as specified below.
DATA SECURITY We have implemented measures designed to protect your personal information from accidental loss and from unauthorised access, use, alteration and disclosure. However, the security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We also urge you to be careful about giving out information in public areas of our website. Information you share in public areas can be viewed by any user of the website. Unfortunately, the transfer of information via the internet is not completely secure. Although we do our best to protect your data, we cannot guarantee the security of your personal data transferred to our website. Any transfer of personal data is therefore at your own risk. We are not responsible for the circumvention of any privacy settings or security measures on the website.
SHARE BUTTONS We use the social media plugins of the social networks Facebook, Twitter, Instagram and TikTok on the website.The Facebook plugin is operated by Facebook Inc., 1601 Willow Road, Menlo Park, CA 94025 USA ("Facebook"). "), the Twitter plugin by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA ("Twitter"), the Instagram plugin by Instagram, LLC, 1601 Willow Road, Menlo Park, CA 94025, USA ("Instagram") and the TikTok plugin by TikTok Technology Limited, 10 Earlsfort Terrace, Dublin, D02 T380, Irland ("TikTok"). The operator of the plugin receives the information that you have visited the website where the plugin is installed and the information included in the log files as described above, regardless of whether you are registered with the relevant operator. By activating the plugin, personal data will be transmitted to the operator of the relevant plugin and stored on servers located outside the European Economic Area (“EEA”). We neither have influence on which data will be transmitted to the operator of the relevant plugin, nor are we able to identify to what extent the operator collects personal data and for what purpose this data will be used and how long it will be stored. The operator of the relevant plugin uses such data in order to compile user profiles, which are used for advertising, market research and/or for optimising their website. Personal data is used in this way in particular to present you with advertising which matches your interests and to inform other users about your activities on the website. You are entitled to object to such profiling. In order to exercise this right, you must direct a request to the operator of the relevant plugin. You consent to the transfer of personal data to the operator of the relevant plugin by clicking on and activating the relevant plugin. The legal basis for processing personal data is Article 6(1)(a) GDPR. If you are registered with the operator of the relevant plugin and are logged into your personal account, the operator of the relevant plugin will be able to associate your visit to the website with your personal account. If you interact with the relevant plugins, this information will also be saved in your personal account and made available to your contacts. For further information regarding the use of your personal data, please check the data protection declaration by the operator of the relevant plugin. The relevant Facebook policies are accessible from: http://www.facebook.com/policy. The Twitter data protection policy is accessible from the following link: https://twitter.com/en/privacy. The Instagram data protection policy is accessible from the following link: http://instagram.com/about/legal/privacy/. The TikTok data protection policy is accessible from the following link: https://www.tiktok.com/legal/privacy-policy?lang=de-DE.
GOOGLE MAPS To make geographical information visible, we use the Google Maps API. Use of Google Maps enables Google to process information about your use of the maps and functionalities provided by Google. Further information regarding processing personal data at Google may be found in the Google data protection policy: http://www.google.com/policies/privacy.
DATA PROTECTION We take all possible precautions to protect the personal information collected on our website. We and third parties commissioned by us save information on servers within Switzerland and the EU. We occasionally commission other companies to provide services on our behalf, including packaging, dispatch and delivery of goods purchased from us, sending of mail items and processing of event registrations. Companies commissioned by us to provide services will only be provided with the information they need to deliver the service, and they are prohibited from using that information for any other purpose.If we request general demographic information, this information is limited to reporting purposes only; users remain anonymous. Phone numbers, email addresses and postal addresses are never shared with third parties for demographic reports.
HOW TO UPDATE YOUR PERSONAL DATA You can help us maintain the accuracy of your personal information by updating the information in your account, where you can change your name, billing and shipping addresses, title, birthday, phone number and email address, view your order history and change or add to your content preferences. If at any time you wish to update your information or settings, or you would prefer not to receive communications from us, you can update your settings in your account. For technical questions and troubleshooting your personal information, please contact our customer service on firstname.lastname@example.org at any time.
HOW LONG IS YOUR PERSONAL DATA KEPT? We are not permitted to keep your personal data for any longer than is necessary for us to fulfil the purposes for which your personal data was collected unless the applicable legislation expressly requires us to keep your personal data for longer.Our website may contain links to and from third-party websites. If you click on a hyperlink to one of these websites, please note that we cannot be held liable or responsible for external content or data protection policies. Please be sure to read the relevant data protection policies before you transfer any personal data to these websites.
YOUR RIGHTS You can view your personal data at any time without charge and request information about the origin of this data, recipients or categories of recipients with whom this data has been shared and the purpose of storage and, if applicable, request that it be corrected and/or deleted and/or its processing restricted. You also have the right to object to the processing of your data at any time, provided the processing is to protect our legitimate interests. In this case, your data will only be processed if we can demonstrate compelling legitimate grounds which override your interest regarding the exemption of your data from the processing or the processing is carried out to assert, exercise or defend our claims. If the processing of your data is based on your consent, you have the right to withdraw your consent at any time. In this case, we will cease processing your data, unless we are entitled to continue doing so by law. Your withdrawal will not affect the lawfulness of the processing of your data carried out prior to said withdrawal. If you have provided us with personal data, we will, upon request, provide you with this data in a machine readable form for use with other service providers. If you believe that the processing of your data infringes data protection laws, you have the right to lodge a complaint with a supervisory authority.
CONTACT To exercise your rights or if you have any questions, comments or suggestions regarding our collection, processing and use of your personal data, please contact us at email@example.com or by post at OPEND AG, Weststrasse 145, CH-8003 Zurich, Switzerland.