Data Privacy General Conditions of Delivery and Payment
Küng Wellness 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 Wellness 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 Wellness 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 Wellness 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 Wellness 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 Wellness 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 Wellness 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 statement sauna control KS20
For our sauna control KS20 the following terms for data acquisition and storage apply.
Downloadlink
Data protection and storage
Küng Wellness 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 wellness@kueng.swiss or Küng Wellness AG, Talstrasse 26b, 8852 Altendorf, Switzerland.
Data Privacy General Conditions of Delivery and Payment
General Conditions of Delivery and Payment (GTC)
Version: 01.01.2021
1. Scope
1.1 These general terms and conditions of delivery and payment (GTCs) are part of all offers and contracts for the delivery of goods and services by Küng Wellness AG (hereinafter referred to as “Küng”) for current and future business relationships. Should individual provisions be or become invalid, this shall not affect the remaining provisions.
1.2 Contractual provisions that deviate from these GTCs shall take precedence if they are set out in a written contract. If there are any discrepancies between these GTCs and the customer’s terms of purchase, these GTCs shall take precedence, unless otherwise agreed in writing.
1.3 Oral agreements supplementing the contract which deviate from the general terms and conditions shall only become legally effective upon written confirmation by Küng.
1.4 Persons under 18 years of age may only order with the written consent of their parents within the framework provided by law. By placing an order, the customer acknowledges this provision and confirms that he or she is entitled to purchase.
2. Offers, ordering and conclusion of contract
2.1 The delivery period stated in the offer shall be adhered to by Küng in case of immediate order. In case of later orders (after more than 10 days) it is not binding and has to be reset.
2.2 Claims for damages due to incorrect illustrations, texts and prices are excluded.
2.3 Offers are subject to change without notice; goods and services are subject to prior sale.
2.4 Orders shall only become binding with regard to the type and scope of the delivery when Küng confirms the order. Changes, additions and cancellations shall be made in writing. They may be subject to charges and may affect the delivery time.
2.5 Necessary auxiliary equipment for unloading such as cranes, lifts etc. shall be provided by the customer. In the case of difficult access, the additional costs will be charged.
3. Prices
3.1 The prices are ex works or warehouse of Küng excluding packaging and VAT, unless delivery and installation are included in the offer. The VAT shall be added at the statutory rate. The amounts shown are – unless expressly declared otherwise
– in Swiss francs (CHF).
3.2 If deliveries are made and/or services provided later than three months after the order confirmation, Küng is entitled to charge new prices in the event of interim changes in list prices and/or materials, wages and other costs.
3.3 Küng is not bound to previous prices for new orders (like follow-up orders).
4. Terms of payment
4.1 Invoices are payable net within 10 days of the invoice date, unless otherwise specified in the offer. Unless otherwise specified, the following payments on account are agreed:
• 30% upon receipt of order
• 40% 5 days before delivery at the latest
• 30% after delivery and installation
4.2 Payments are to be made exclusively to Küng.
4.3 Delivery and installation work and other services are generally payable without deduction after receipt of the corresponding invoice.
4.4 The offsetting of any counterclaims from the buyer that are disputed by Küng and not legally established is not permitted.
4.5 Non-compliance with the payment terms or circumstances which are likely to reduce the creditworthiness of the buyer shall result in all claims of the supplier becoming due and payable with immediate effect. In addition, Küng is entitled to make further deliveries only against advance payment, to make all outstanding invoice amounts, including deferred payments, immediately due and payable and to demand the return of bills of exchange accepted on account of payment, cash payment or security, as well as to withdraw from the contract after a reasonable grace period or to demand damages for non-performance. Küng may also prohibit the buyer from reselling the goods and retrieve any goods not yet paid for at the buyer’s expense.
4.6 Küng’s invoices shall be deemed accepted unless objected to in writing within 10 days of the invoice date.
4.7 In the event of late payment, reminder costs of CHF 20 as well as interest on arrears from the due date of 5% will be owed. Küng expressly reserves the right to assert further damage caused by delay.
4.8 Any discount and/or rebate agreements made shall only apply if payment is made in accordance with the contract.
5. Duty of care of the customer when placing an order
5.1 Küng shall provide the customer and the contractors involved with it (such as bricklayers, tilers, plumbers, electricians etc.) with all necessary documents (measurements, sketches, plans etc.). The customer is responsible for compliance with these.
5.2 Additional expenses incurred by Küng (additional travel, labour, clarification or material costs), which were not complied with despite detailed information in Küng’s various planning documents, will be invoiced to the customer (even if they were caused by third parties or on site).
5.3 The customer undertakes to complete all on-site preparatory work before the date agreed for delivery and installation at its own expense. Upon request, Küng may provide the customer with suitable companies for the preparatory work. Delay costs due to unfinished preparatory work may be invoiced by Küng.
6. Construction/builders' liability insurance
6.1
The supplier recommends the conclusion of a construction/builders' liability insurance policy for construction activities. Costs for insurance cover on the part of the customer of any kind cannot be passed on and are borne by the customer in all cases.
7. Delivery time
7.1 Delivery dates and times are non-binding guide dates, unless otherwise expressly agreed in writing. If a delivery is delayed beyond a delivery date promised by Küng, the customer is entitled to withdraw from the contract after a grace period of 3 weeks.
In this case, Küng shall only be liable to the customer for direct and immediate damage if, and to the extent that, the delay or the impossibility of delivery is demonstrably due to a grossly negligent breach of contract by Küng.
7.2 Events of force majeure affecting the supplier or its subcontractors may extend the delivery time, even if a binding delivery date has been agreed. Küng shall keep any negative impact to the buyer as minimal as possible. If Küng is in default with its deliveries or services, the buyer shall grant Küng a reasonable grace period. Claims for damages due to delayed deliveries are excluded.
7.3 If delivery on call is agreed, the customer is obliged to request the delivery no later than 10 working days after notification of readiness for such a request. If it fails to do so in time or in full, Küng shall be entitled to store the goods at the expense and risk of the customer. If the call is not made within a reasonable grace period set by Küng, the goods shall be deemed called and delivered and the customer shall be obliged to pay.
7.4 In the event of postponement of the agreed installation date, which is communicated to Küng less than 5 working days in advance, Küng may charge the resulting costs (in particular for cancellation of installation)
if it is not possible to reschedule.
8. Transfer of benefit and risk
8.1 Immediately after delivery or collection, the customer shall inspect the products for completeness, conformity with the delivery documents and for defects and shall immediately notify us in writing of any recognisable deviations and defects. If a complaint is not made within 10 working days (received by Küng) from receipt of the products, the delivery is considered to be in accordance with the contract, unless the deviation was not recognisable despite careful examination. Any transport damage or shortfall in quantity that is recognisable on delivery shall also be noted on the carrier’s receipt.
8.2 Küng may call in auxiliary persons and third parties (in particular subcontractors) or employees of these third parties to fulfil its obligations.
9. Warranty
9.1 Notice of defects shall be brought to Küng’s attention immediately and at the latest within 10 days after receipt of the goods or completion of the installation.
9.2 If a notice of defect proves to be justified, Küng shall replace the item(s) free of charge by repair or delivery of a new item, or it shall credit the invoice amount or the reduced value. Further claims by the customer of any kind are excluded.
9.3 If there is a defect which was not recognisable during the immediate inspection, the notification of defects shall be made immediately within a 12-month warranty period upon discovery.
9.4 The warranty for Küng products is:
Sauna
Private use
Cabin: 10 years
Own-brand sauna heater: 5 years
Sauna heaters from other manufacturers, control units
and other technical components: 2 years
Commercial use
Sauna, heater, control unit: 2 years
Steam bath/steam showers/natural herbal steam bath
Cabin: 5 years
Technical equipment: 2 years
Bath tub/whirlpool bath tub
Tub: 5 years
Technique: 2 years
Whirlpool and other trade products
According to manufacturer's warranty
9.5 The prerequisite for the provision of warranty services is the complete payment of the goods or services. The warranty period is not extended by warranty service.
9.6 Warranty is excluded for defects which have one of the following causes:
a) inadequate maintenance
b) failure to observe the operating or installation instructions
c) misuse of the products
d) use of non-approved parts/accessories
e) normal wear and tear
f) improper handling or treatment
g) external influences, in particular force majeure and other reasons for which neither Küng nor the manufacturer/supplier are responsible
9.7 Any further claims other than those under warranty, in particular claims for damages and consequential damages, loss of profit, loss of production or loss of use are excluded.
9.8 Materials created from a natural material such as real wood or natural stone are never visually uniform. Deviations in colour and texture are part of their natural properties and do not constitute grounds for complaint or liability.
10. Property rights
10.1 Küng reserves the unrestricted right of ownership and copyright exploitation rights to cost estimates, drawings and other documents. They may not be made accessible to third parties.
10.2 In return, Küng undertakes to treat the customer’s data as confidential and not to sell it to third parties.
11. Severability clause
11.1
Should individual provisions of these General terms and conditions be or become ineffective or invalid, the validity and effectiveness of the remaining provisions shall remain unaffected. If this is the case, this provision shall be replaced by a provision which comes closest to the economic objective of the parties.
12 Applicable law and place of jurisdiction
12.1 Swiss law shall apply to all contracts. The application of the UN Convention on Contracts for the International Sale of Goods of 11.04.1980 is expressly excluded.
12.2 The place of performance for deliveries and payments is CH-8852 Altendorf. Exclusive jurisdiction for all legal disputes between the parties is CH-8852 Altendorf.
