General Terms and Conditions of Business
of the company
gebana AG, Ausstellungsstrasse 21, 8005 Zurich, Switzerland
Contact telephone number: +41 (0)43 366 65 00 or email firstname.lastname@example.org
Managing Director: Hans Adrian Wiedmer Leimbacher
(hereinafter referred to as "we").
These General Terms and Conditions of Business (hereinafter referred to as "GTC") apply to all orders (online, fax, telephone, post) submitted to the direct mail service of gebana AG (hereinafter referred to as the "gebana Shop") and all services provided on the access-to-market platform in Switzerland, the Principality of Liechtenstein and the European Union (hereinafter referred to as the "EU").
The gebana Shop and access-to-market platform are used by natural persons and organisations who order products (hereinafter referred to as "Customers"), natural persons and organisations who offer projects on the platform (hereinafter referred to as "Project Owners") and natural persons and organisations who support the projects offered on the platform materially or with ideas (hereinafter referred to as "Supporters").
Customers, Project Owners and material Supporters (hereinafter together referred to as "users") can only be legally competent natural persons (minimum age 18 years) and legal entities.
1. Scope of application
We provide our deliveries and services in the gebana Shop and on the access-to-market platform exclusively in accordance with the following GTC. The version of the GTC that is in force on the date of the order applies. We reserve the right to update these GTC when necessary. By using our website, users agree to accept the current GTC. Use is defined as calling up gebana.com in an internet browser.
2. Offers, conclusion of contract and contract performance
The national provisions on sales contracts and the other relevant laws and ordinances apply. In Switzerland, this is in particular the Swiss Code of Obligations (OR).
The following special provisions apply:
In the gebana Shop
Our price lists, brochures and publications in the gebana Shop and our electronic media are non-binding.
The contract is concluded when the order is accepted. You will find the details of the order conditions, including various discounts, special mailing conditions and detailed instructions on how to cancel orders, on our website at www.gebanashop.ch.
We are entitled to withdraw from the contract if there are obvious typing and calculation mistakes.
Our confirmation is binding with regard to the scope and execution of the order. Unless expressly agreed otherwise or derived from the nature of the transaction, the risks and rewards are transferred to the buyer when the goods leave our warehouse. The goods remain our property until full payment is received.
Deliveries, products or services requested by our Customers that are not included in our offer are billed by us.
On the access-to-market platform:
We offer the access-to-market platform to Project Owners and Supporters. Project Owners can use the platform to manage their market access projects and Supporters can browse the platform to discover market access projects that they can support materially or with ideas. The Project Owner is responsible for the content of projects, the rewards offered and realisation. Supporters decide whether they wish to support a project entirely at their own volition. We are not liable either for the successful funding of the projects or for its realisation.
An agreement specifying the details of the project and the rights and obligations of us and the Project Owner is concluded between us and the Project Owner for each market access project. Project Owners can only assert claims against us on the basis of this supplementary agreement. Failure to achieve the project or funding objectives is not sufficient reason to withdraw from the agreement.
Market access projects can be rejected without citing any reasons.
3. Right of return / right of withdrawal
Customers have the right to return goods within 14 days of their receipt. The right of return is exercised by sending the goods back; no reason has to be given.
Upon receipt of the goods, we will repay the purchase price including the delivery cost to the Customer within 14 days of receiving the notice of cancellation of the purchase. Repayments are credited to the account used by the Customer to make the original payment. The Customer bears the cost of returning the goods.
The right to make a deduction from the purchase price or to issue a bill for any damage, excessive wear and tear or goods already consumed is reserved. No deduction will be made if the loss in value or consumption of goods is due to an attempt to identify the type, condition and functionality of the goods.
The cancellation policy in the version that is legal in Germany is available at http://gebanashop.ch/widerruf.
Supporters are entitled to recall a payment within 14 days by sending a written notice to gebana AG, Ausstellungsstrasse 21, 8005 Zurich, Switzerland, without citing any reasons. Repayments are credited to the account used by the Supporter to make the original payment.
Supporters do not have the right to withdraw from a project because the funding objective has not been reached. The Project Owner has the right to decide whether the project can still be realised or whether the contributions should be returned to the Supporters.
Prices are published in the gebana Shop Switzerland in Swiss francs (CHF) and in the gebana Shop EU in euro (EUR). Prices include the statutory sales tax or value-added tax.
Delivery costs may be payable in addition to the published prices depending on the delivery address, quantity of goods and articles. The Customer can see the exact delivery costs during the order process. Additional costs are not incurred for the delivery.
There is a price list for resellers for a limited selection of our products. This price list can be ordered from us.
5. Terms of delivery
Deliveries are only sent to addresses in Switzerland, the Principality of Liechtenstein and member states of the European Union.
Unless indicated otherwise in the product catalogue, the standard delivery period is two to six working days. If the order has not been delivered within the maximum delivery period of ten days, the Customer has the right to cancel the contract.
We are entitled to make partial deliveries if all the products ordered are not in stock. The Customer will not incur any additional costs for partial deliveries. Any deadlines only start to run upon receipt of the final partial delivery.
If the delivery contract includes the delivery of perishable goods, the following applies: the Customer must take suitable measures to ensure that perishable goods can be received on the agreed delivery date, for example, by taking personal receipt of the goods or instructing someone else to receive the goods at the delivery address indicated.
If three attempts to deliver the goods to the Customer fail, we can withdraw from the contract. Any payments made in advance will be refunded.
6. Incoming and outgoing payments and payment terms
Payment is made against invoice, by credit or debit card or by sending money to a payment provider through an e-payment gateway. We reserve the right to refuse to send an invoice in individual cases or to new customers.
Credit balances resulting from advance payments or returns are transferred to the user as soon as we receive the necessary account details. Credit balances for previous transactions are deducted directly from the invoice. It is not permitted to deduct credit balances from unacknowledged Customer claims or claims that have not been confirmed to have legal effect.
Unless stated otherwise, the purchase price for goods delivered against an invoice falls due 30 days after delivery of the goods. Failure to make payment before this deadline means that the Customer is in arrears.
Unpaid invoices will be referred to an external debt collection agency if there is no response to our reminder.
Payments from Supporters that are collected by us for Project Owners are paid out to the Project Owner when the project closes. The funds are usually transferred within 30 days of the closure of the project.
7. Data protection and use of data
gebana ag, Ausstellungsstrasse 21, 8005 Zurich, is the operator of the website gebana.com and the services offered therein. It is thus responsible for the collection, processing and use of your personal data and for the compatibility of data processing with applicable data protection law.
We are glad that you are interested in our website. Protection of your privacy is important to us. For this reason, we take data protection seriously and attach great importance to appropriate security. It goes without saying that we comply with provisions of the Federal Act on Data Protection (FADP), the Ordinance to the Federal Act on Data Protection (DPO), the Telecommunications Act (TCA) and other applicable data protection provisions of Swiss or EU law, in particular the General Data Protection Regulation (GDPR).
In order to be aware of what personal data we collect from you and the purposes we use it for, please note the following information.
7.1. Calling up our website
When our website is visited, our servers temporarily store every access in a log file. In this, the following technical data are collected and stored by us without any action taken by you, as they are with every connection to a web server:
- the IP address of the requesting computer,
- the name of the holder of the IP-address domain (normally your Internet access provider),
- the date and time of the access,
- the website from which the access takes place (referrer URL) with the search word used, if applicable,
- the name and URL of the file retrieved,
- the status code (e.g. error message),
- your computer's operating system,
- the browser used (type, version and language),
- the transmission protocol used (e.g. HTTP/1.1), and
- your username from a registration/authentication, as appropriate.
These data are collected and processed in order to make it possible to use our website (establish a connection), to permanently ensure system security and
stability, to enable us to optimise our internet offer and for purposes of internal statistics. This constitutes our legitimate interest in processing data in accordance with Art. 6.1.f GDPR.
7.2. Opening a customer account
To place orders in the online shop, you can order as a guest or open a customer account. When you register for a customer account, we collect the following data:
- first name and last name
- mailing address
- email address
- telephone and/or fax number (optional)
These data are collected in order to provide the customer with password-protected direct access to their basic data stored with us. This enables the customer to view their orders, both open and concluded, and manage or change their personal data.
The legal basis for processing data for this purpose is the consent that you have given in accordance with Art. 6.1.a GDPR.
7.3. Shopping in the online shop
If you want to place orders in our online shop, we need the following data to fulfil the contract:
- first name and last name
- billing address (and delivery address, if different)
- login data, i.e. email address and password (for registered customers)
We use these data to fulfil the contract, specifically to process your orders, deliver the products ordered and ensure proper payment. To make payments by card, you will be redirected to the website of our partner SIX Payment Services. For this reason, gebana ag does not acquire any knowledge of your card data. Regarding the processing of your card information by Six Payment Services, please also read the General Terms and Conditions and Data Protection Declaration of your card issuer.
We subsequently use the data to send you information on our company and project holders of the Access to Market Platform for whose projects you have expressed an interest by email or letter. Contact by email is made only at your express request. You may revoke the use of the data for these purposes at any time through a link in the respective newsletter, by email (email@example.com) or by letter.
Unless otherwise stated in this Data Protection Declaration or unless you have specially consented to other uses, we will use the above-indicated data only to fulfil the contract, specifically to process your orders, deliver the products ordered and ensure proper payment.
The legal basis of data processing for this purpose is the performance of a contract in accordance with Art. 6.1.b GDPR.
7.4. Transmission of data to third parties
We transmit your personal data to others only with your express consent, if such transmission is required by law or if such transmission is necessary for us to assert our rights, in particular to enforce claims arising from the contractual relationship.
In addition, we transmit your data to others to the extent necessary as part of the use of the website and fulfilment of the contract (including outside the website), i.e. in processing your bookings. This includes the respective shipping service providers who have been entrusted with shipping the goods ordered. The service providers to whom personal data collected through the website are transmitted or who have or could have access thereto are our webhoster (dotBase solutions informatiques SA, 25 Route des Acacias, CH-1227 Geneva), the operator of our CRM system (Descartes Systems (Germany) GmbH, Walter-Gropius-Str. 15, D-80807 Munich), the operator of our email programme (CleverReach GmbH & Co. KG, Mühlenstr 43, 26180 Rastede, Germany) and the project holders of the Access to Market Platform for whose products you have expressed an interest. Use of your data by these partners is regulated by contract and their further transmission to others is prohibited by contract.
Data are transmitted for the purpose of preparing and maintaining the functionalities of our website and to ensure our customer service and customer communication. This constitutes our legitimate interest in accordance with Art. 6.1.f GDPR.
7.5. Transfer of data abroad
For the purpose of data processing described in this Data Protection Declaration, we are also entitled to transfer your data to third enterprises (contracted providers) abroad. They are obligated to protect data to the same extent as we are. When the level of data protection in a country does not correspond to the Swiss or European level, we ensure that the protection of your personal data always corresponds to that of Switzerland or the EU by contract.
In many ways, cookies help to make your visit to our website easier, more pleasant and more meaningful. Cookies are information files that your web browser automatically stores on your computer's hard disk when you visit our website.
Most Internet browsers accept cookies automatically. However, you can configure your browser not to store any cookies on your computer or to display a notice when you receive a new cookie. On the following pages, you will find explanations of how to configure the treatment of cookies on the most common browsers.
- Microsoft Windows Internet Explorer
- Microsoft Windows Internet Explorer Mobile
- Mozilla Firefox
- Google Chrome for Desktop
- Google Chrome for Mobile
- Apple Safari for Desktop
- Apple Safari for Mobile
If you deactivate cookies, you may not be able to use all the functions of our website.
7.7. Tracking toolsa) General
In order to adapt our website to demand and continue to optimise it, we use the web analytics service of Google Analytics. In this respect, pseudonymised use profiles are created and small text files that are stored on your computer (cookies) are used. The information produced by the cookie on your use of this website is transferred to the server of the provider of these services, stored there and processed for us. In addition to the data listed in section 1, we also receive the following information in some cases:
- navigation path covered by a visitor to the site,
- duration of the stay on the website or subpage,
- the subpage on which the website is left,
- the country, region or city from which the access takes place,
- end device (type, version, colour depth, resolution, width and height of the browser window), and
- returning or new visitor.
This information is used to evaluate the use of the website, prepare reports on website activities and provide additional services related to website use and Internet use for the purposes of adapting this website to demand. In some cases, these data are also transferred to third parties if required by law or to the extent that such third parties process such data on our behalf.b) Google Analytics
The provider of Google Analytics is Google Inc., a company of the Alphabet Inc. holding company headquartered in the USA. Before transfer of the data to the provider, the IP address is abbreviated within the member states of the European Union or in other contracting states of the Agreement on the European Economic Area by the activation of IP anonymisation ("anonymizeIP") on this website. The anonymised IP address transferred by your browser to Google Analytics is not merged with other data of Google. Only in exceptional cases is the full IP address transferred to a Google server in the USA and abbreviated there. In such cases, we ensure that Google Inc. maintains a sufficient level of data protection by contractual guarantees. According to Google Inc., in no case is the IP address combined with other data concerning the user.
For further information on the web analytics service used, please see the Google Analytics website. Instructions on how you can prevent the processing of your data by the web analytics service can be found at: http://tools.google.com/dlpage/gaoptout?hl=en-GB.c) Facebook tracking pixel
Communications tools of the social network Facebook are used in our webshop, in particular the retargeting product "Website Custom Audiences". The data protection notice of Facebook Inc., 1601 Willow Road, Menlo Park, CA 94025, USA, may be found at the link https://www.facebook.com/privacy/explanation. If you use a Facebook User Account and it is recognisable to the tool from existing Facebook cookies, this product generates a non-personal checksum that is transmitted to Facebook for analytics and marketing purposes. For further information on the purpose and scope of data collection and further processing and use of data by Facebook as well as its setting options to protect your privacy, please see Facebook's data protection guidelines that may be found at: https://www.facebook.com/about/privacy.
Furthermore, the Facebook product "Conversion Pixel" is integrated. Facebook can thereby monitor the behaviour of users who have clicked on an advertisement in the closed member area of Facebook and have been redirected to the gebana online shop. By using a cookie, Facebook can subsequently recognise that user in the closed member area of Facebook and optimise the effectiveness of advertisements. This only applies to users who have an account with Facebook and are logged into the closed member area of Facebook. Users who are not members of Facebook are therefore not affected by processing of these data.
Through the following link, Facebook users can contest retargeting through Website Custom Audiences ("WCA") for the future and thus prevent targeted advertising from being directed to them on the basis of Website Custom Audiences: https://www.facebook.com/ads/website_custom_audiences/. In addition, all users can block WCA cookies by blocking third-party cookies in their browser settings.
Facebook users can disable future processing for the Facebook product "Conversion Pixel" at this site: http://www.youronlinechoices.com/de/praferenzmanagement/. In addition, the user can set his browser settings to block third-party cookies. Through the website http://www.youronlinechoices.com/de/praferenzmanagement/, you can also make adjustments for other providers.
7.8. Notice on data transmission to the USA
For reasons of completeness, we inform users residing or domiciled in Switzerland that surveillance measures by the US authorities exist in the USA that make it possible to store all personal data of all persons whose data are transmitted from Switzerland to the USA. This takes place without differentiation, restriction or exception related to the purpose and without any objective criterion making it possible to limit the access of the US authorities to the data and their subsequent use for specific, strictly limited purposes that might justify the intervention related to accessing such data and their use. In addition, please note that there is no judicial remedy in the USA for affected persons from Switzerland that could enable them to gain access to the information concerning them and to correct or delete it, nor is there any effective legal redress against general rights of access of the US authorities. We explicitly stress this legal and factual situation to affected persons to enable them to take an informed decision on consenting to the use of their data.
We stress to users residing in a member state of the EU that, in the view of the European Union, the USA does not have a sufficient level of data protection, based on the issues referred to in this section among others. In cases where we have explained in this Data Protection Declaration that recipients of data (e.g. Google) are headquartered in the USA, we will ensure that your data are protected by our partners at a sufficient level, either through contractual arrangements with those companies or by ensuring the certification of those companies under the EU or Swiss-US Privacy Shield.a) Data protection declaration for use of Facebook plugins
Plugins of the social network Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA are integrated into our webpages. You can recognise the Facebook plugins by the Facebook logo or the "like button" on our site. You can find an overview of Facebook plugins here: http://developers.facebook.com/docs/plugins/.
When you visit our pages, a direct connection between your browser and the Facebook server is established through the plugin. Facebook thereby receives the information that you have visited our page with your IP address. If you click the Facebook "like button" when you are logged into your Facebook account, you can link the content of our pages to your Facebook profile. In this way, Facebook can assign the visit of our pages to your user account. Please note that, as the provider of the pages, we receive no information about the data transmitted or their use by Facebook. For further information, please see the Facebook's data protection declaration at https://www.facebook.com/about/privacy/.
If you do not want Facebook to be able to link the visit to our pages to your Facebook user account, please log out of your Facebook user account.b) Data protection declaration for use of Twitter
Functions of the service Twitter are integrated into our pages. These functions are offered by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. By using Twitter and the "re-tweet" function, the webpages you visit are linked to your twitter account and made known to other users. Data such as your IP address, browser type, domains called up, pages visited, mobile phone provider, device and application IDs and search terms are thereby transferred to Twitter. Please note that, as the provider of the pages, we receive no information about the data transmitted or their use by Twitter. In view of the ongoing updating of Twitter's data protection declaration, please see the latest version at (http://twitter.com/privacy).
You can change your data protection settings with Twitter under account settings at http://twitter.com/account/settings. Should you have any questions, please direct them firstname.lastname@example.org) Data protection declaration for Google Remarketing
7.9. Right to information, correction, deletion and restriction of processing; right to data portability
You have the right to receive information on your personal data stored by us on request. In addition, you have the right to correct incorrect data and the right to deletion of your personal data, unless this is prevented by a legal obligation to preserve data or if permission has been granted for us to process the data.
You also have the right to demand the return from us of data that you have given us (right to data portability). On request, we will also transfer your data to third parties of your choice. You have the right to receive the data in a common file format.
For the aforementioned purpose, you may reach us at the email address: email@example.com. We may at our discretion request proof of identity in order to process your requests.
7.10. Data security
We use appropriate technical and organisational security measures to protect your personal data stored with us against manipulation, partial or complete loss and unauthorised access by third parties. Our security measures are continually being improved to keep up with technological development.
You should always treat your access data confidentially and close your browser window when you have finished communicating with us, especially if you share the computer with others.
We also take data protection within our company very seriously. Our employees and the service providers hired by us are under obligation to maintain secrecy and to comply with data protection regulations.
7.11. Preservation of data
We store personal data only as long as necessary to use the above-mentioned tracking and analytics services and further processing within the limits of our legitimate interest. We store contractual data longer as this is prescribed by legal retention requirements. Retention requirements that obligate us to retain data arise from rules of financial reporting and tax law. According to those rules, business communication, concluded contracts and accounting records must be kept for up to 10 years.
7.12. Right to lodge a complaint with a data protection supervisory authority
You have the right to lodge a complaint with a data protection supervisory authority at any time.
All copyrights and other rights to content, pictures, photos and other files on the website are the exclusive property of gebana AG or other legal owners mentioned by name. The prior written consent of the copyright holder must be obtained before any elements are reproduced.
9. Special obligations of the users
Users undertake to refrain from abusing our services, and in particular to refrain from:
- Disseminating illegal material or information (e.g. pornographic, racist, inciting or similar content).
- Introducing any data to the system containing a computer virus or other harmful software that could damage our hardware and software.
- Publishing any data that is protected by copyright law, unless the user holds the copyright.
Users also undertake to indemnify us against all kinds of costs, complaints, damage, loss or other claims that can be incurred as a result of their registration for or participation in our services.
Users are obliged to treat information about other users in confidence and to only make such information available to third parties with the explicit prior consent of the sender. This applies in particular to names, telephone and fax numbers, addresses, email addresses and URLs.
By providing us with content, the Project Owner grants us a non-exclusive, worldwide, indefinite and free right to use the project information. The Project Owner grants us the right to store, publish and forward this project information (texts, pictures, videos) to third parties for publication if this should serve to advertise the project, the Project Owners or our services. In doing so, we are entitled to use or forward the project information as a whole or in amended form, on its own or in combination with our own content.
All offers are non-binding. We reserve the right to change, expand, remove or discontinue parts or the full range of products or parts or the full service without a separate announcement.
Liability for delivery of products from the gebana Shop:
We are liable in accordance with product liability law and also without restriction for intentional and gross negligence. We are only liable for slight negligence if we violated a material contractual obligation. Except for injury to life, body or health, our liability for slight negligence is restricted to damage that was foreseeable upon conclusion of the contract, the regular occurrence of which is taken into account.
We accept no liability for products delivered on behalf of Project Owners as part of a "test run" in a market access project. Project Owners remain responsible for such deliveries, even though we act as an advisor to them.
We will take back damaged or perished products within 14 days and send the recipient a replacement at our cost. If this is impossible, the Customer has the right to cancel the purchase or expect us to reduce the purchase price.
If the Customer resells the products, the Customer is responsible to the buyers, to us and to third parties for compliance with domestic and foreign regulations on trading in foodstuff and any other laws, such as export regulations, and is exclusively liable for any damage. The provisions of the product liability law are reserved.
Liability for the services of the access-to-market platform and websites:
We accept no responsibility or liability for the current relevance, accuracy, completeness or quality of the information provided by Project Owners or for the misuse of such information.
We explicitly exclude any liability for economic or intangible loss or damage or bodily harm arising from the use of the access-to-market platform.
We are not liable for the unauthorised misuse of user data by third parties.
We are not liable for any references and links to the websites of third parties we cannot influence directly. Any responsibility for such websites is refused. Users access and use such websites at their own risk. If we should become aware that a link refers to an illegal website, we will remove this link as soon as possible.
11. Final provisions
If any provisions of these GTC should be or become invalid in full or in part, this shall not affect the validity of the remaining provisions and the rest of the contract. The parties must replace the ineffective provision by a valid provision that comes as close as possible to the intention of the original provision. The same applies for any loopholes in the contract.
These GTC and all other agreements between us and the users are exclusively subject to Swiss law, without regard to the United Nations Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Zurich.
If the national law at the place of residence of a user does not allow the application of Swiss law, the national law at the user's place of residence applies. In this case, the Customer's place of residence is the place of jurisdiction.
The parties will do their best to settle any disputes amicably.
In case of doubt, the German version of these GTC apply.
Zurich, Status as of: 06 June 2018