Terms & Conditions

GENERAL TERMS AND CONDITIONS

1. FIELD OF APPLICATION
The general terms and conditions govern the legal relationship between Bisbino sagl and its customers in relation to all contracts concluded between the parties. Any provisions of the purchaser that are contrary to these GTC are expressly excluded.

2. OFFER AND DELIVERY AREA
The offer is available on the homepage www.bisbino.ch and is not binding. We reserve the right to change prices and product range as well as to make technical changes. The product offers are only valid as long as they are visible on the homepage and while stocks last. Product information, such as content tables, illustrations etc. are primarily for illustrative purposes and are not binding.
The seller limits deliveries to the territory of Switzerland. Delivery is made directly to the delivery address and contact person specified by the customer.

3. ACCESS TO OUR WEBSITE
When you visit our website, our servers temporarily save each access in a log file. The following technical data is recorded without your intervention, as is generally the case for every connection to a web server, and stored by us until it is automatically deleted after 12 months at the most:

- the IP address of the requesting computer,

- the name of the owner of the IP address range (usually your Internet access provider), - the date and time of the access,
- the website from which the access was made (referrer URL), if applicable with the search term used,
- the name and URL of the retrieved file,
- the status code (e.g., the name of the retrieved file), - the name of the owner of the IP address range (usually your Internet access provider), - the date and time of the access, - the website from which the access was made (referrer URL), if applicable with the search term used, - the name and URL of the retrieved file, if applicable with the search term used, - the name of the retrieved file. error message)
- the operating system of your computer,
- the browser used (type, version and language),
- the transmission protocol used (e.g. HTTP/1.1)

This data is collected and processed to enable the use of our website (creation of connections), to ensure the security and stability of the system on a permanent basis and to enable the optimization of our Internet offer, as well as for internal statistical purposes. This is our legitimate interest in the processing of data in accordance with Art. 6 par. 1 lit. f DSGVO.

4. CONTRACT STIPULATION
At www.bisbino.ch the purchaser makes a legally binding offer to conclude a contract by sending his order and simultaneously accepting these general terms and conditions. The conclusion of the contract occurs when the buyer receives an order confirmation from Bisbino Sagl by e-mail. Confirmed orders can no longer be cancelled or changed by the customer.

If you wish to place orders in our online store, we need the following data for processing the contract:

- First and last name
- Billing address (and, if different, delivery address)
- Details within the payment (depending on the selected payment method)

5.PRICES AND DELIVERY COSTS
All prices are in Swiss francs (CHF) including VAT. Prices, conditions and years of publication on the website are subject to change without notice; effective date is the date of order. Delivery, postage and packaging costs are the responsibility of the customer and are calculated as follows (as of May 2020)

For orders less than CHF 150.--: CHF 15.--
For orders over CHF 150.--: Inclusive/free

6.RATE OVERVIEW
Fee for delivery of invoice by e-mail (B2C) CHF 0.00
Fee for delivery of invoice by mail (B2C & B2B) CHF 2.90
Annual interest rate for partial and late payments 10% per annum
Reminder fee for CHF 20.00
Dossier transfer fee for transfer to collection CHF 80.00

7. PAYMENT
The customer has at his disposal the payment options indicated in the order process. Payment can be made by credit card or Twint via the website or in another agreed manner.

Delivery always takes place carriage paid, i.e. at the purchaser's expense, unless expressly agreed otherwise. Payment is considered made only when Bisbino sagl can dispose of the amount. If the purchaser is in default of payment, we are entitled to charge default interest at the rate of 10% from the date in question. During the duration of the delay, Bisbino sagl is also entitled, at any time, to withdraw from the contract, to demand the return of the delivered goods and to claim damages for the expiry of the contract. All claims become immediately due and payable if the customer is in default of payment, does not culpably fulfil other essential obligations of the contract or if we become aware of circumstances that could reduce the creditworthiness of the customer, in particular cessation of payments, attachment of an arrangement with creditors or bankruptcy proceedings. In such cases we are entitled to withhold outstanding deliveries or to carry them out only against advance payment or guarantees.

8. DELIVERY
The risk is transferred to the buyer with the shipment of the goods. Information on availability and delivery times are not binding unless confirmed in writing by the seller. Provided the goods are in stock, delivery will normally take place within 5 working days.

9. WARRANTY AND DEFECTS

Buyer must report obvious defects within 5 days after receipt of delivery by e-mail to: [email protected]. Hidden defects must be reported immediately, but at the latest within 5 days of discovery by e-mail. If the buyer does not make the report in time, his warranty rights expire.

The defective goods must be returned with a copy of the invoice and a detailed description of the defect. The return address will be communicated to the customer by e-mail after receipt of the written complaint. Transport costs incurred shall be borne by the customer.

In the event of a warranty claim, the seller decides whether to reduce the purchase price, replace the goods or refund the purchase price. Excluded from the warranty are damages for which the buyer is solely responsible, e.g. due to misuse, incorrect storage or external influences for which the seller is not responsible. Products ordered by the customer in error will not be taken back or refunded.

10. RESPONSIBILITY

Other claims of the purchaser are excluded - irrespective of the legal basis - insofar as this is legally permissible. The Seller, his vicarious agents and any vicarious agents shall not be liable for damages that do not occur to the goods themselves, in particular not for consequential damages, lost profits or other financial losses of the Buyer.

11. SALE OF ALCOHOL

DRINKS TO YOUNG PEOPLE
Bisbino sagl does not sell alcohol to young people under 18. By sending the order the buyer confirms to be at least 18 years old to comply with this regulation and the legal requirements. The customer is obliged to ensure that only he or a person of legal age authorized by him accepts the goods.

12. COMMUNICATION OF DATA TO THIRD PARTIES

In principle we do not pass on your personal data to third parties.

13. COPYRIGHT

All copyrights, rights of use and other rights to the content presented on the website are - unless otherwise indicated - the exclusive property of Bisbino sagl. The contents are released only for interactive use by natural persons. Diversified use and storage for public or commercial purposes, whether in electronic or non-electronic form, requires the express consent of Bisbino sagl. In addition, the explicit naming of the source "Bisbino sagl" is required for republication. Downloading or printing of content for private use is permitted. However, neither copyright notices nor other legally protected designations may be removed. Any proprietary rights of third parties, which would be limited by the scope of use granted herein, are reserved. Bisbino sagl cannot guarantee that the use of content made available by third parties on this website is legally permitted. Therefore, the consent of third parties must be obtained prior to its use.

14. COOKIES

Cookies help in many ways to make your visit to our website easier, more enjoyable and meaningful. Cookies are information files that your web browser automatically stores on your computer's hard drive when you visit our website. We use cookies, for example, to provide you with a multi-page shopping cart function and to temporarily store your data when you fill out a form on the website, so that you do not have to repeat your data when you call up another subpage. Most Internet browsers automatically accept cookies. However, you can configure your browser so that no cookies are stored on your computer or a message is always displayed when you receive a new cookie. On the following pages you will find explanations on how to configure cookie processing with the most common browsers:

Windows Internet Explorer by Microsoft

Mobile Mozilla Firefox

Google Chrome for the desktop

Google Chrome for mobile phones

Apple Safari for the desktop

Apple Safari for mobile phones

Disabling cookies may mean that you will not be able to use all the features of our website.

15. TRACEABILITY

We use so-called tracking links, e.g. for Google Analytics, to design and continuously optimize our website according to your requirements, as well as to monitor advertising measures on external platforms. These tracking links are provided via the Google Tag Manager. Under this link you have the option of deactivating the Google Tag Manager and thus blocking all tracking links. Please note that a cookie has been set for this purpose. The use of the online shop is not affected by the blocking. Tracking links are used for:

Facebook-Pixel-Tracking If you are logged in to Facebook and visit our online shop, the data is transmitted to Facebook, which enables targeted advertising to be displayed. The second according to the following guidelines. The authorization for this can be deactivated in your Facebook profile.

Google Analytics In order to continuously design and optimize our website to meet your needs, we use the Google Analytics web analysis service. In this context, pseudonymous user profiles are created and small text files stored on your computer ("cookies") are used. The information generated by the cookie about your use of this website is transmitted to the servers of the providers of these services, stored there and prepared for us. In addition to the data listed under point 1, we may receive the following information:

Navigation path that a visitor follows on the site,

Time spent on the website or subpage,

the page where you leave the website,

the country, region or city from which it is accessed,

End device (type, version, color depth, resolution, browser window width and height) and recurring or new visitors

The information is used to evaluate the use of the website, to compile reports on website activities and to provide additional services related to the use of the website and the Internet for market research purposes and to design this website in line with your needs. This information may also be passed on to third parties if required by law or if third parties process this data on our behalf.

The provider of Google Analytics is Google Inc, a company of the US-based holding company Alphabet Inc. Before the data is transmitted to the provider, the IP address is shortened by activating IP anonymisation ("anonymizeIP") on this website within member states of the European Union or other states that are parties to the Agreement on the European Economic Area. The anonymous IP address transmitted by your browser within the scope of Google Analytics will not be combined with other Google data. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. In such cases, we contractually guarantee that Google Inc. maintains an adequate level of data protection. According to Google Inc. the IP address will never be associated with other data about you.

Further information on the web analysis service used can be found on the Google Analytics website. Instructions on how to prevent the processing of your data by the web analysis service can be found at www.tools.google.com.

16. NOTE ON DATA TRANSFER

TO THE UNITED STATES OF AMERICA

For the sake of completeness, we would like to point out to users resident or domiciled in Switzerland that there are surveillance measures in place in the United States which generally allow the storage of all personal data of all persons whose data has been transferred from Switzerland to the United States. This is done without any differentiation, restriction or exception based on the objective pursued and without any objective criteria allowing the US authorities to restrict access to the data and their subsequent use for very specific and strictly limited purposes that could justify the interference associated with both access and use of the data. Furthermore, we would like to point out that there are no legal remedies available in the United States for data subjects from Switzerland to access data concerning them and to obtain their rectification or deletion, or that there is no effective judicial protection against the general access rights of the US authorities. We explicitly draw the attention of the data subject to this factual and legal situation in order to be able to make an informed decision on whether to consent to the use of his/her data.

Users residing in an EU member state are informed that the US does not provide an adequate level of data protection from an EU perspective - inter alia due to the issues mentioned in this section. Insofar as we have explained in this data protection statement that the recipients of your data (such as Google) are based in the USA, we will ensure that your data is protected to an adequate level with our partners, either through contractual agreements with these companies or by ensuring that these companies are certified according to the Privacy Shield of the EU or Switzerland.

17. RIGHT OF ACCESS, RECTIFICATION, ERASURE AND RESTRICTION OF PROCESSING

You have the right to request information about the personal data we store about you. In addition, you have the right to have incorrect data corrected and the right to have your personal data deleted, provided that this does not conflict with any legal obligation to retain the data or with any authorisation to process it.

You may contact us for the above purposes at [email protected]. To process your requests, we may, at our discretion, require proof of your identity.

18. DATA SECURITY

We use appropriate technical and organisational security measures to protect your personal data stored with us against manipulation, partial or total loss and against unauthorised access by third parties. Our security measures are continuously improved in line with technological developments.

You should always treat your access data confidentially and close the browser window when you have finished communicating with us, especially if you use your computer with others.

We also take the protection of the company's internal data very seriously. Our employees and the service companies commissioned by us have been obliged by us to maintain secrecy and comply with data protection regulations.

19. DATA RETENTION

We retain personal data only for the purpose of using the above mentioned tracking and analysis services and further processing in our legitimate interest.

Personal data is used for marketing purposes, product improvement, customer service, evaluation of individual use behaviour, individual advertising and needs-based design (e.g. pop-ups).

The contractual data will be retained by us for a longer period of time, as this is required by legal retention obligations. The retention obligations that oblige us to retain the data derive from the accounting regulations and legal provisions in tax matters. According to these regulations, business communications, contracts entered into and accounting vouchers must be retained for a maximum period of 10 years. If we no longer need this data to provide services to you, the data will be blocked. This means that the data may only be used for accounting and tax purposes.

20. AMENDMENTS AND ADDITIONS

Bisbino sagl expressly reserves the right to adapt these General Terms and Conditions of Business (AGB) at any time to the circumstances and to apply them immediately.

21. RIGHT TO COMPLAIN TO A DATA PROTECTION SUPERVISORY AUTHORITY

You have the right to lodge a complaint with a data protection supervisory authority at any time.

22. APPLICABLE LAW / PLACE OF JURISDICTION

In the event of disputes, only Swiss law shall apply. The place of jurisdiction is Lugano (Switzerland).

23. CONTACT

email: [email protected]