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Data Privacy & General Conditions of Sale and Delivery

 
Data Privacy General Conditions of Sale and Delivery
 

Küng Sauna + Spa AG data privacy statement

Data privacy is a matter of trust and we value your trust. Data is collected and processed in connection with the business activities carried out by Küng Sauna + Spa AG. This data – including personal data – is processed according to the following basic principles and in line with the provisions detailed in the Swiss Federal Act on Data Protection (FADP) and the European General Data Protection Regulation (GDPR), where applicable. The latest version of the aforementioned directives shall apply. The terms used below – such as “personal data” and its “processing” – are based on the definitions specified in Art. 4 of the GDPR.

This data privacy statement provides information on the type, scope and purpose of the personal data we collect, use and process.

Data acquisition

In principle, the Küng Sauna + Spa AG website can be used without entering any personal data. However, if the services offered by our company are used via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, the user’s consent is obtained. Küng Sauna + Spa AG complies in this regard with the provisions of the aforementioned directives and does not pass data on to third parties. Exceptions to this are suppliers and service partners who require the transmission of data for processing orders (e.g. third-party goods manufacturers, transport companies responsible for deliveries, payment processing institutes, etc.). In such cases, the scope of the data transmitted shall be restricted to a minimum.

Cookies We use cookies on our website (e.g. Google Analytics cookies) to gather information on website use and reach. This is made based on a legitimate interest (optimisation of our online presence and the associated user experience) according to Art. 6, Para. 1 (f) of the GDPR. Although you can adjust your browser software to prevent the installation of cookies, we would point out that if you do so, you might not be able to make full use of all the functions on this website.

Google Analytics

By using this website, you agree that the data collected about you by Google may be processed as described above and for the purpose previously mentioned. Google Analytics uses cookies, which are text files placed on your computer to enable your website use to be analysed. The information generated by cookies is usually transmitted to and stored on a Google server in the USA. If IP anonymisation is activated on this website, however, Google will truncate your IP beforehand within member states of the European Union or other signatory states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. Google uses this information to analyse your use of the website, to compile reports on website activities for Küng Sauna & Spa AG and to provide services associated with the use of the website. Google may also transfer this information to third parties where required to do so by law or if third parties process this data on behalf of Google. Google will not associate the IP address transmitted by your browser through Google Analytics with any other data held by Google.

Google Analytics can be deactivated at any time by installing a browser add-on. In line with Art. 5, Para. 1 (e) of the GDPR, all data on a user and event level that is linked to cookies and user recognition will be deleted from Google Analytics 26 months after the last activity.

Retargeting

Küng Sauna + Spa AG uses retargeting technologies on this website. These technologies focus on displaying relevant targeted advertising based on cookie technology and potentially analysing user behaviour. This type of advertising is completely anonymous. No personal details are stored and no user profiles are linked to your personal information.

HubSpot

HubSpot – a service provided by HubSpot Inc., USA (hereinafter referred to as “HubSpot”) – is used on the Küng Sauna & Spa AG website for analysis and communication purposes. HubSpot uses web beacons and cookies, which help in analysing the use of our website. For example, in the event of a download, order, registering for or opening a newsletter, sending another integrated form from HubSpot or somebody contacting the company, the activities on this website are then assigned a cookie when consent is given accordingly in line with Art. 6, Para. 1 (a) of the GDPR. This then allows for an in-depth analysis of website use to be made (e.g. pages accessed, date and time of access, completed forms, downloaded documents). In this way, the user experience can be better tailored to the requirements of the users. The use of cookies by our website or third parties can be deactivated or permitted/blocked on an individual basis at any time in the browser settings. HubSpot is certified according to both the EU-U.S. and Swiss-U.S. Privacy Shield and thus offers the appropriate data protection. Detailed information on how HubSpot handles the collected data and how it is protected can be found in the HubSpot privacy policy.

Collecting access data and log files

Based on our legitimate interests (ensuring our website works correctly) according to Art. 6, Para. 1 (f) of the GDPR, we collect data on access made to the server on which our website is found (server log files). Information is stored in these log files, including the name of the accessed website, file, date and time of the access, amount of data transmitted, notification on successful access, browser type (including version), operating system of the user, referrer URL (page visited previously), IP address and the requesting provider. For security reasons (e.g. for clarifying cases of misuse or fraud), log file information is collected and stored for as long as practical or necessary for use as evidence.

Data protection and storage

Küng Sauna + Spa AG has taken appropriate technical and organisational measures to protect personal data from loss and unauthorised access. Data is stored on servers in Switzerland. Data is usually retained until the expiry of the specified legal archiving period. If the data is not subject to legal archiving periods, it is stored for as long as required for collection purposes.

Information

You have a right to information about your personal data as well as to demand the correction, blocking or deletion of this data (unless this data has to be stored by law for a specified safekeeping period). If you have any questions on our data privacy statement or the use and storage of your personal data, please contact info@kuengsauna.ch or Küng Sauna + Spa AG, Talstrasse 26b, 8852 Altendorf, Switzerland.

 


 

 
Data Privacy General Conditions of Sale and Delivery
 

General Conditions of Sale and Delivery (GCSD)
Version: 26.02.2018

1    Scope
      In the absence of any explicit agreement to the contrary in individual cases, these General Conditions of Sale and Delivery (hereafter “GCSD”) apply to all goods and
      services (assembly, maintenance and repair services in particular) supplied for and on behalf of the customer (hereafter “the Customer”)
      by Küng Sauna + Spa AG, 8852 Altendorf (hereafter “the Supplier”).
 
2    Delivery dates
a    General
      Delivery dates will, provided that the required structural conditions are in place at the required time, be adhered to wherever possible. In the event of a delayed delivery,
      the Customer shall allow a period of grace of at least two months. The assembly report signed by the Customer shall serve as proof of the time of delivery of the goods
      and services. In the event that the Customer is not present at the time the goods and services are delivered, the goods or services shall nevertheless be deemed
      to have been delivered.
b    Specific case of glass panels
      The dates specified in our order confirmations for the delivery of glass panels serve only as a guide.
 
3    Follow-up orders
      If the scope of the contract increases as a result of follow-up orders because more than one trip to the assembly site is required, for example, or because additional
      work is required as a result of the necessary structural conditions not being in place, difficult site access or other issues that hinder supply to the site, or because
      additional accessories are ordered at a later point in time, the discount percentages and payment terms agreed for the main object of the contract shall cease to apply.
      The follow-up orders will be supplied without discount, payable within 30 days strictly net.
 
4    Warranty
a    Inspection
      The Customer is required to inspect the facility immediately after delivery of the goods and services in accordance with clause 2a above. Should any facility or good fail to
      meet the agreed specifications or have visible defects, the Customer must notify the Supplier in writing within 8 days of the date of delivery. Should the Customer fail to
      do so, the facility and goods shall be deemed accepted and the warranty will be forfeited.
b    Warranty periods
      The following warranty periods apply for facilities and equipment that undergo proper, verifiable servicing (the conclusion of a service agreement is recommended for
      this purpose): 10 years for all sauna facilities; 5 years for sauna heaters, 2 years for control units, heating elements and other technical equipment plus accessories from the
      delivery date as per clause 2a above.
c    Exclusion
      The warranty excludes damage attributed to incorrect operation, inappropriate handling and use, insufficient maintenance and the lack of regular servicing. The
      warranty expressly excludes any colour variations in the wood, damp damage to the window area resulting from defects at the construction site or insufficient
      or incorrect ventilation, damage due to poor water quality or prohibited additives in the tap water, as well as damage caused by other external effects, such as surges
      in the power supply, vibrations etc.  Also excluded are accessories and products or materials subject to natural wear and tear such as lighting products, steam cylinders,
      sauna buckets and ladles.
d    Scope of the warranty
      We will repair any defects that arise during the warranty period (see clause 4a above) as quickly as possible and at no cost to the Customer on condition that the repair
      does not give rise to disproportionate costs and the Customer is not at fault with regard to the defects. The Customer has no warranty rights beyond a repair and, in
      particular, has no right to a price reduction, contract rescission or compensation for losses resulting from the defect.
e    Warranty service after repairs
      Following a repair our warranty service shall extend purely to the components of the appliance that have been replaced. The intervention of any third party within the
      warranty period terminates the warranty for the complete sauna system with immediate effect. The installation or exchange of spare parts that is not carried out by
      an authorised technician or the use of any foreign parts shall render the warranty invalid.  Any liability for consequential damage as a result of any unprofessional work
      shall also be expressly excluded.
f    Specific case of glass panels
      Upon receiving a timely and justified notification of a defect, we shall supply replacements for the defective glazing components free of charge. We shall contribute up
      to CHF 50.00 per square metre of glass toward the cost of any replacement and/or repair. Further compensation claims are excluded. 
 
5    Payments and reminders
      The quoted or confirmed prices apply only to the goods and services expressly listed. All invoices are payable within 30 days of the invoice date. If the customer falls
      into arrears with a payment, interest on arrears shall be payable at the statutory rate. An administrative fine of CHF 20.00 will be payable for each reminder effective
      from the second reminder. If a special discount has been agreed for payment in full and on time, this will only be honoured if each individual payment is made in
      accordance with the contract.
 
6    Documents
      The Customer shall not publish or duplicate any drawings, plans or calculations that are submitted or delivered, or use them for any purpose other than the one agreed.
      Such documents will remain the property of the Supplier. If the contract does not materialise or is rescinded, all documents must be returned to the Supplier
      upon first request.
 
7    Infringements
      A contractual penalty of 15% of the total order value shall apply for any infringement of these GCSD.
 
8    Contract withdrawal
      Should the period of grace specified in clause 2a expire without performance, even if this is due to circumstances beyond our control, the Customer is entitled to
      withdraw from the contract without compensation. In such a case, the Customer has no right to claim for direct or indirect loss. Should the Customer withdraw from
      the contract, in particular before expiry of the period of grace specified in clause 2a, refuse to accept delivery of the goods and services, or if the subsequent
      impossibility of performance is attributable to the Customer, the Customer shall be liable for indemnification of 15% of the total order value. The Supplier expressly
      reserves the right to claim for actual loss or expectation interest.
 
9    Amendments
      Amendments or addenda to these GCSD must be made in writing. Oral ancillary agreements will not be considered valid. The Supplier reserves the right to make
      any necessary technical modifications.
 
10  Severability clause
      Should individual provisions of this Contract be found to be invalid, ineffective or null and void, this shall not affect the effectiveness of the remaining provisions.
      In such an event, the parties shall, by common consent, replace the invalid provision with a provision having legal effect that corresponds closest to the economic
      purpose of the invalid provision.
 
11  Governing law
      This contract is governed exclusively by Swiss law, in particular the provisions governing service contracts from Art. 363 et seq. of the Swiss Code of Obligations (OR).
 
12  Jurisdiction
      For all disputes between the Customer and Supplier arising from or in connection with this Contract, the place of jurisdiction will be Altendorf.