Vitality of the Swiss Alps!
General Terms and Conditions of Sale Status: December 13, 2011
1. Scope and Terms
1.1 “GTC” refers to the present General Terms and Conditions of sale of the respective company of the Domaco-Holding (hereinafter referred to as “DOMACO”).
1.2 All offers, agreements and deliveries, including those arising from future contractual relationships with the same contractual partner (“customer”) are subject to these GTC. They are accepted by the customer upon placement of an order with DOMACO, however, no later than at the time of acceptance of a delivery from DOMACO.
1.3 Any terms and conditions on the part of the customer are deemed to be rejected by DOMACO and are only valid if they have been expressly ac-cepted in writing by DOMACO. In particular, the provision of deliveries or services on the part of DOMACO does not indicate the acceptance of the customer’s terms and conditions.
1.4 Amendments or modifications to these GTC are only valid if they have been made in writing. In cases of discrepancies or contradictions, the written pro-visions resulting from specific understandings supersede those in these GTC.
1.5 Should individual provisions of these GTC be or become void or invalid, this in no way affects the applicability or validity of the remaining provisions of these GTC and/or the contractual relationship.
1.6 Unless otherwise agreed upon in writing in individual agreements, the respective legal seat of “DOMACO” is deemed to be the place of perfor-mance.
1.7 The current and binding General Terms and Conditions are always posted on the Internet at: www.domaco.com.
2. Business Principles
2.1 In all of its business relationships, DOMACO holds to the principles of good faith and expects its customers to reciprocate.
2.2 Ethical principles such as the individual rights of third parties, safeguarding human rights, the prohibition against child labor, protection of the environ-ment, etc. are strictly observed by DOMACO and its customers.
3. Offers, Orders, Manufacturing and Delivery
3.1 The information provided by DOMACO in its sales documentation is not binding.
3.2 Any order placed by a customer is only deemed to have been accepted by DOMACO once DOMACO has confirmed the order in writing. Offers on the part of DOMACO therefore merely represent invitations made to the cus-tomer to submit an order. Modifications to or cancellations of individual or-ders or the withdrawal from framework orders are only permitted with the approval of DOMACO.
3.3 The delivery date may be correspondingly extended if: A) The information required in order to complete the order (e.g., customer-specific raw materials, artwork, “print ready”, packaging materials, etc.) is not made available to DOMACO in a timely manner, or if any alterations are subsequently made by the ordering party; B) Payment schedules are not maintained, credit accounts are not opened in time or any required import li-censes do not arrive at the customer within an adequate time period; C) Ob-stacles arise (refer to Provision 9) which DOMACO is unable to overcome despite due care and diligence, regardless of whether these arise at the sup-plier, the customer or a third Party.
3.4 All risks with regard to the resale of ordered goods lie with the customer. DOMACO assumes no responsibility for the recommended retail price and is under no obligation to take back unsold goods from the customer or to pro-vide the customer with marketing assistance to promote the sale of ordered goods.
3.5 If a framework agreement was reached with the customer and the customer subsequently fails to call the full or partial quantities within the specified call period, DOMACO may then either elect to demand payment for the as yet not called goods, for which DOMACO shall be released from its delivery ob-ligations , or to demand reimbursement for the as yet unused, customer-specific ingredients or raw materials, the as yet unused, customer-specific packaging materials and the disposal costs, as well as compensation amount-ing to 30% of the value of the as yet not called goods. In any case, where framework agreements or framework delivery agreements are involved, the individual order may not exceed three times the intended minimum order without the express, written approval of DOMACO.
3.6 If a customer provides DOMACO with some or all ingredients or raw materials required to manufacture a product, DOMACO will become the sole owner of the product resulting from the processing of the ingredients or raw materials. The customer accepts a loss of ingredients or raw materials of 10% as a result of the processing of his ingredients or raw materials. Should this loss be larger, a written agreement between the parties is required.
3.7 If the products manufactured by DOMACO are to be packaged by the customer or by third parties, DOMACO can in no way be held liable for any damages to the product. In particular, the customer is responsible for the careful selection of the packager, for proper packaging, for optimal condi-tions which do not damage the product during transport to the packager and during the packaging process, as well as for the irreproachable quality of the packaging material.
3.8 Unless otherwise agreed upon by both parties, individual orders are delivered at the place of performance. A failure to meet the delivery deadline entitles the customer to withdraw neither from the order nor to any compensation.
3.9 Upon delivery at the place of performance, benefits and risks with regard the goods pass to the customer. If the customer is in arrears with respect to acceptance or assumption and/or payment, DOMACO has the right to demand a storage fee from the customer amounting to 1% of the purchase price per month; all risk related to the loss of or damage to the goods are borne by the customer.
3.10 Unless otherwise specified by INCOTERMS 2010 or agreement, shipping is at the customer’s expense and risk, even when organized by DOMACO. The receipt and condition of the goods are described by the shipping firm on the bill of delivery.
3.11 In all cases the customer is obligated to store the products delivered to him under optimal conditions in accordance with the usual methods applicable to the specific product in question (e.g., storage in a locked area, repackaging of bulk materials within the specified period of time, etc.).
4.1 Unless prices have been set for a specific time period through a framework agreement with a customer, the current DOMACO price list valid at the time of order receipt applies.
4.2 Unless otherwise agreed on in writing, all prices are understood to be in Swiss Francs, Ex Works DOMACO, Lengnau, and suitably packaged for shipping to the respective destination. All types of taxes, charges, fees, cus-toms duties as well as all related expenses such as those for shipping, insur-ance, authorizations as well as documentation are not included in the price and are to be borne by the customer unless otherwise agreed upon in writing.
5. Internet - Legal Information
5.1 Content: The Internet offerings of DOMACO, www.domaco.com, have been very carefully prepared. They are continuously being expanded and updated. Nonetheless, DOMACO assumes no liability for the correctness and com-pleteness of the information.
5.2 Product information: The material on offer on these web pages is intended to provide the reader with general information. It is in no way intended to be a substitute for any commercial, technical or other professional advice. DO-MACO assumes no responsibility for damages, injuries or losses resulting from this information.
5.3 Hyperlinks: The hyperlinks listed on the DOMACO web pages are in no way to be seen as representing recommendations. The accuracy and validity of the information shown there is not examined. DOMACO assumes no respon-sibility for damages resulting from the utilization of this information.
6. Payments by Customers
6.1 Unless otherwise agreed upon in writing, payment by the customer is due for each individual delivery no later than 30 days after the invoice date and without deductions for cash discounts, bank and transfer fees or similar charges. These payment deadlines must also be observed in cases where shipping, delivery or acceptance of the goods are delayed or impossible (e.g., in the case of a failure on the part of the customer to accept the delivery). In case of delay, a situation of default will be considered to exist without the need for a dunning letter, and this gives DOMACO the right to late payment interests charge a late fee of 9%.
6.2 In order to ensure payment DOMACO may, at any time, request a letter of credit or bank guarantee. Such letters of credit or bank guarantees are entire-ly at the expense of the customer.
6.3 Should the customer fall into arrears, DOMACO may withhold further deliveries until such time as the outstanding account has been settled and si-multaneously request full payment in advance. Further, DOMACO also has the right to assert its options in accordance with Art. 107/108/109 of the Swiss Code of Obligations.
6.4 The customer may not set off any claims against the claims of Domaco.
7. Retention of Title
7.1 All goods remain the property of DOMACO until such time as all claims – including future claims – of DOMACO against the customer have been paid in full and regardless of any legal grounds, in particular claims for payment of outstanding balances for ongoing accounts, as well as until such time as the received drafts and checks have cleared (hereinafter referred to as “con-ditional goods”).
7.2 The customer is obligated to assist in any required measures intended to protect the property of DOMACO. All formalities related to the substantia-tion and maintenance of Domaco’s title to the conditional goods are per-formed at the customer’s expense.
7.3 The customer may only resell the conditional goods within the context of his normal business activities. He is only entitled and authorized to resell the conditional goods under the provision that the claims arising from the resale of the conditional goods are transferred to DOMACO: Upon the customer placing an order or countersigning an order confirmation, all claims arising from the resale of the conditional goods or any insurance claims resulting from damage to or theft of the conditional goods are assigned to DOMACO. The customer is not entitled to dispose of the conditional goods in any other manner, in particular he may not pledge the conditional goods or utilize them as collateral. The customer is only entitled to enforce the claims resulting from the resale with the express approval of DOMACO.
8.1 DOMACO warrants that the delivered products shall exhibit no faults up to the expiration date indicated on the packaging provided the products have been shipped properly, are properly employed and are properly stored.
8.2 Warranties regarding characteristics must have been made in writing by DOMACO and must be specifically designated as such. Unless otherwise agreed upon, product information, samples and specimens are only intended for product description and indication of suitability or as merely approximate items for examination with regard to quality, dimensions, weight, taste and color. However, even in the case of written assurance, a product may exhibit reasonable deviations when compared to the specimen.
8.3 Upon receipt of the goods at the place of performance, the customer is obligated to visually inspect the external appearance and take random sam-ples for inspection. Any defects are to be immediately reported in writing. The goods are deemed to have been accepted and approved after 5 days sub-sequent to receipt and this includes any hidden faults. Any subsequent notifi-cation of defects cannot form the basis of a claim against DOMACO.
8.4 In the case of a timely notification of defect, the customer’s only claim is for replacement of the goods. DOMACO, however, may elect to either deliver a replacement of the defective goods or to replace the value of the goods at the prices of DOMACO. The customer is not permitted to return the goods with-out the written approval of DOMACO. DOMACO assumes no other warran-ties; in particular, liability for consequential damages and liability for loss of income or profit are expressly excluded.
9. Force Majeure and Right of Withdrawal
9.1 Obstacles which lie outside the control of, DOMACO, e.g., Acts of God such as epidemics, pandemics, military mobilization, war, civil unrest, fire, natu-ral catastrophes, strikes and lack of raw materials grant DOMACO the right to withdraw from the contract with the customer or to delay performance without the right of indemnity for the customer.
9.2 Alterations to the customer’s financial status (e.g. delayed payment, payment difficulties, payment stoppage, death or the inception of prosecution and sig-nificant civil suits filed against the customer), which lead to the justifiable assumption that the customer will be unable to meet his obligations with re-spect to DOMACO in a timely manner, permit DOMACO to demand appro-priate security or advance payment. If the customer fails to respond to the demand within a specified time period, DOMACO has the right to imme-diately withdraw from every contract with the customer and to be held harm-less by the customer. In such an instance, all payments owed DOMACO immediately fall due.
10. Authorizations and Cutoms Tariff Numbers
10.1 The customer is obligated to obtain all the authorizations and customs tariff numbers (in accordance with INCOTERMS 2010) required for the importa-tion and the resale of DOMACO products from the responsible authorities, etc.
10.2 In case of doubt, DOMACO’s delivery obligations remain dormant until the customer has provided evidence of compliance with the respective regula-tions or the appropriate authorizations have been granted.
10.3 The customer is responsible for declaring and applying the correct customs tariff number. DOMACO assumes no liability for incorrect customs tariff numbers.
11. Confidentiality and Know-How
11.1 All commercial and technical information related to DOMACO or the products manufactured or to be manufactured by it to which the customer becomes privy remains the sole property of DOMACO, represents DOMA-CO trade secrets and is therefore to be held in strictest confidentiality. Such information may not be disclosed or made available to third parties without the authorization of DOMACO, nor may it be utilized by the customer for his own purposes or for the purposes of others. Documents containing confi-dential information regarding DOMACO may not be copied and must be re-turned to DOMACO without the need for a request for such return.
11.2 All recipes with or according to which DOMACO manufactures products are the property of DOMACO and represent its know-how which must remain confidential, regardless of whether such products are manufactured to the customer’s specifications and using the customer’s raw materials and ingre-dients. Recipes are to be treated with strict confidentiality in accordance with Provision 11.1.
12. Trademark Rights
12.1 DOMACO acknowledges the trademark rights of customers on the products it manufactures. DOMACO will not register any customer marks in its own name without the authorization of the customer.
12.2 DOMACO reserves the right to register as trademarks such marks as clearly differ from the marks of its customers.
13. Applicable Law / Jurisdiction / Valid Version
13.1 All legal relationships between DOMACO and a contractual partner are based solely on Swiss Law, under the total exclusion of the United Nations Convention on Contracts for the International Sale of Goods adopted in Vienna on April 11, 1980.
13.2 The Place of Jurisdiction for all disputes arising from an existing legal relationship between DOMACO and a contractual partner is the legal seat of the respective company of the “Domaco-Holding” (Civil Court). DO-MACO, however, may also pursue its claims before the court at the custom-er’s domicile or before any other court of competent jurisdiction.
13.3 The German version of these general terms and conditions prevails over versions in other languages.
Privacy Statement Dr. med. Aufdermaur AG
In this data protection declaration, we (Dr. med. Aufdermaur AG) explain how we collect and process personal data. This is not a final description; other data protection declarations (or general terms and conditions, conditions of participation and similar documents) may regulate specific issues. Personal data is understood to mean all information relating to a specific or identifiable person.
If you provide us with personal data of other persons (e.g. family members, data of work colleagues), please ensure that these persons are familiar with this data protection declaration and only provide us with their personal data if you are permitted to do so and if these personal data are correct.
This data protection declaration is based on the EU Data Protection Ordinance (DSGVO). Although the DSGVO is a regulation of the European Union, it is also important for Swiss companies. The Swiss Data Protection Act (DSG) is strongly influenced by EU law, and companies outside the European Union and the EEA must comply with the DSGVO under certain circumstances.
1. Person in charge
Responsible for the data processing described here is Hans Muster, Geschäftsführer der Hans Muster AG. If you have any data protection concerns, you can inform us at the following contact address:
Dr. med. Aufdermaur AG
contact-us (at) domaco.com
2. Type of data processing
We primarily process the personal data that we receive from our customers and other business partners or that we collect from their users when operating our websites, apps and other applications.
As far as this is permitted, we also take certain data from publicly accessible sources (e.g. land registers, commercial register, press, Internet, debt collection register), from authorities and other third parties. In addition to the data you provide us directly, the categories of personal data we receive about you from third parties include, in particular, information from public registers, information we learn in connection with official and legal proceedings, information relating to their professional functions and activities (so that we can, for example with your help), information about you in correspondence and meetings with third parties, credit information (if we handle transactions with you personally), information about you which persons from your environment (family, consultants, legal representatives, etc.) give us so that we can conclude or process contracts with you or with you (e.g. References, your address for deliveries, authorizations, information on compliance with legal requirements such as the fight against money laundering and export restrictions, information from banks, insurance companies, sales and other contractual partners of us regarding your use or provision of services (e.g. payments made, purchases made), information from the media and the Internet about you (insofar as this is appropriate in a specific case, e.g.B. in the context of an application, press review, marketing/sales, etc.), your addresses and any interests and other socio-demographic data (for marketing), data in connection with the use of the website (e.g. IP address, MAC address of the smartphone or computer, information about your device and settings, cookies, date and time of your visit, pages and contents accessed, functions used, referring website, location details).
3. Purposes of data processing and legal bases
We use the personal data collected by us primarily to conclude and process our contracts with our customers and business partners, in particular in the context of communication services for our customers (services of Hans Muster AG) and the purchase of products and services from our suppliers and subcontractors, as well as to comply with our legal obligations at home and abroad. If you work for such a customer or business partner, you can of course also be affected in this function with your personal data.
In addition, we process personal data of you and other persons, to the extent permitted and deemed appropriate, also for the following purposes in which we (and sometimes also third parties) have a justified interest corresponding to the purpose:
Offer and further development of our offers, services and websites, apps and other platforms on which we are present;
Communication with third parties and processing of their inquiries (e.g. applications, media inquiries);
Review and optimization of procedures for needs analysis for direct customer approach and collection of personal data from publicly available sources for customer acquisition;
Advertising and marketing (including the performance of events), provided that you have not objected to the use of your data (if we send you as an existing customer advertising from us, you can object to this at any time; we will then place you on a blacklist against further advertising mailings);
Market and opinion research, media observation;
Enforcement of legal claims and defence in connection with legal disputes and official proceedings;
Prevention and investigation of criminal offences and other misconduct (e.g. conducting internal investigations, data analyses to combat fraud);
Warranties for our operations, especially IT, our websites, apps and other platforms;
Video surveillance for the protection of house rights and other measures for IT, building and system security and protection of our employees and other persons and assets belonging to or entrusted to us (e.g. access controls, visitor lists, network and mail scanners, telephone recordings);
Acquisition and sale of business divisions, companies or parts of companies and other transactions under company law and the associated transfer of personal data as well as measures for business management and compliance with legal and regulatory obligations and internal regulations of Dr. med. Aufdermaur AG..
If you have given us your consent to process your personal data for specific purposes (for example when registering to receive newsletters or carrying out a background check), we will process your personal data within the scope of and based on this consent, unless we have another legal basis and require one. A given consent can be revoked at any time, but this has no effect on data processing that has already taken place.
4. Cookies, tracking and other technologies in connection with the use of our website
We typically use "cookies" and similar techniques to identify your browser or device on our websites and apps. A cookie is a small file that is sent to your computer or automatically stored on your computer or mobile device by your web browser when you visit our website or install an app. If you visit this website again or use our app, we can recognize you even if we don't know who you are. In addition to cookies, which are only used during a session and are deleted after your visit to the website (session cookies), cookies can also be used to store user settings and other information for a certain period of time (e.g. two years) (permanent cookies). However, you can set your browser to reject cookies, save them only for one session or otherwise delete them prematurely. Most browsers are preset to accept cookies. We use permanent cookies to better understand how you use our offers and content. Some cookies are set by us, some also by contractual partners with whom we cooperate. If you block cookies, certain functionalities such as language selection, shopping cart and ordering processes may no longer work.
In our newsletters and other marketing e-mails we partly and as far as permitted also include visible and invisible picture elements, by whose retrieval from our servers we can determine whether and when you have opened the e-mail, so that we can also measure here and better understand how you can use our offers and tailor them to you. You can block this in your email program; most are set to do so by default.
By using our websites, apps and consenting to receive newsletters and other marketing emails, you consent to the use of these techniques. If you do not want to do this, you must set your browser or e-mail program accordingly, or uninstall the app, unless this can be adjusted via the settings.
We use Google Analytics (Google LLC USA, www.google.com) to measure and evaluate the use of our websites. For this purpose, permanent cookies are also used, which are set by the service provider. The Service Provider does not receive any personal data from us, but may track your use of the Website, combine this information with data from other websites that you have visited and that are also tracked by Service Providers, and use this information for its own purposes (e.g. control of advertising). If you have registered yourself with the service provider, the service provider also knows you. The processing of your personal data by the service provider is then the responsibility of the service provider in accordance with its data protection regulations. The service provider merely informs us how our respective website is used (no information about you personally).
There are two ways to stop the recording by Google Analytics:
1. Opt-out: Disable Google Analytics for this website
2. Browser add-on to deactivate Google Analytics
We also use plug-ins from social networks such as Facebook, Twitter, Youtube, Google+, Pinterest or Instagram on our websites. This can be seen for you in each case (typically via corresponding symbols). We have configured these elements to be disabled by default. If you activate them (by clicking), the operators of the respective social networks can register that you are on our site and where and can use this information for their purposes. The processing of your personal data is then the responsibility of this operator according to its data protection regulations. We do not receive any information about you from him.
Personal data transmitted via the contact form will be stored exclusively for the purpose of processing the corresponding customer enquiry, for example to provide further information about our company or to order specific services. The collected data will not be kept longer than necessary for the fulfilment of the order.
5. Data transfer and data transmission abroad
In the course of our business activities and the purposes set out in Section 3, we also disclose various data to third parties, where permitted and deemed appropriate, either because they process it for us or because they wish to use it for their own purposes. In particular, the following posts are concerned:
Service providers from us (e.g. banks, insurance companies), including order processors (e.g. IT providers);
Dealers, suppliers, subcontractors and other business partners;
domestic and foreign authorities, official bodies or courts;
the public, including visitors to websites and social media;
competitors, industry organisations, associations, organisations and other bodies;
Acquirer or interested party in the acquisition of business units, companies or other parts of Dr. med. Aufdermaur AG;
other parties in possible or actual legal proceedings;
These recipients are partly inland but can be anywhere on earth. If we transfer data to a country without adequate legal data protection, we ensure an appropriate level of protection as provided for by law by using appropriate contracts (namely on the basis of the so-called standard contract clauses of the European Commission, which can be accessed here, here and here) or so-called binding corporate rules or rely on the statutory exceptions of consent, contract execution, the establishment, exercise or enforcement of legal claims, overriding public interests, the published personal data or because it is necessary to protect the integrity of the persons concerned. You can obtain a copy of the mentioned contractual warranties at any time from the contact person named under point 1. unless it can be called up under the above link. However, we reserve the right to black out copies for data protection reasons or reasons of secrecy or to deliver only excerpts.
6. Duration of the storage of personal data
We process and store your personal data as long as it is necessary for the fulfilment of our contractual and legal obligations or otherwise for the purposes pursued with the processing, i.e. for the duration of the entire business relationship (from the initiation, processing up to the termination of a contract) as well as beyond that in accordance with the legal storage and documentation obligations. It is possible that personal data may be stored for the period during which claims can be asserted against our company and insofar as we are otherwise legally obliged to do so or justified business interests require this (e.g. for evidence and documentation purposes). As soon as your personal data are no longer required for the above-mentioned purposes, they will be deleted or made anonymous as far as possible. For operational data (e.g. system logs), shorter retention periods of twelve months or less generally apply.
7. Data security
We take appropriate technical and organisational security precautions to protect your personal data from unauthorised access and misuse.
8. Obligation to provide personal data
As part of our business relationship, you must provide the personal data that is necessary for the establishment and execution of a business relationship and the fulfilment of the associated contractual obligations (as a rule, you do not have a statutory obligation to provide us with data). Without this information, we will generally not be able to enter into or process a contract with you (or the entity or person you represent). Also, the website cannot be used if certain information to ensure data traffic (such as IP address) is not disclosed.
We process your personal data partially automatically with the aim of evaluating certain personal aspects (profiling). We use profiling in particular to be able to inform and advise you specifically about products. We use evaluation tools that enable us to communicate and advertise as required, including market and opinion research.
As a matter of principle, we do not use fully automated automatic decision making (as regulated, for example, in Art. 22 DSGVO) to establish and carry out the business relationship or otherwise. Should we use such procedures in individual cases, we will inform you of this separately, insofar as this is prescribed by law and will inform you of the associated rights.
10. Rights of the data subject
You have the right to information, correction, deletion, the right to restriction of data processing and otherwise the right to object to our data processing and to the surrender of certain personal data for transmission to another location (so-called data portability) within the scope of the data protection law applicable to you and to the extent provided for therein (such as in the case of the DSGVO). Please note, however, that we reserve the right to enforce the statutory restrictions, for example if we are obliged to store or process certain data, have an overriding interest in it (insofar as we may invoke it) or need it for asserting claims. If there are costs for you, we will inform you in advance. We have already informed you of the possibility of revoking your consent in Section 2. Note that the exercise of these rights can conflict with contractual agreements and this can have consequences such as premature contract termination or cost consequences. In this case we will inform you in advance where this is not already contractually regulated.
The exercise of such rights usually requires that you clearly prove your identity (e.g. by a copy of your identity card, where your identity is otherwise not clear or can be verified). To assert your rights, you can contact us at the address given in paragraph 1.
Furthermore, every data subject has the right to enforce his claims in court or to lodge a complaint with the competent data protection authority. The responsible data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (http://www.edoeb.admin.ch).
This data protection declaration of Dr. med. Aufdermaur AG is based on DSAT.CH