1.Scope of the General Terms and Conditions

(1) The following general terms and conditions (hereinafter “Terms and Conditions”) are part of every contract between us (groupCH GmbH Fritz, operator “fenstertuerenland.ch”, Landhausstrasse 21, 6340 Baar, Switzerland, email: info@fenstertuerenland.ch ) and you as our customer (hereinafter also referred to as “customer”) via the homepage at “fenstertuerenland.ch”. The following terms and conditions apply to all orders, consumers and entrepreneurs. Consumers are people who purchase goods or services for purposes that are not related to their commercial or professional activity. The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; They only become part of the contract if we have expressly agreed to this. We provide our services and deliveries exclusively on the basis of these General Terms and Conditions in their currently valid version.

2. Subject of the contract

(1) The subject of the contract is the product you ordered or configured according to your specific wishes with the features and dimensions of our product description. Images on our website of products that can be individually configured or illustrated are for illustrative purposes. Since the appearance of the respective product depends on the individual configuration, the illustrations have no claim to completeness or accuracy.

(2) The schematic illustrations of the items ordered during the ordering process and in the order confirmation are not true to scale. They serve solely to illustrate the order, e.g. B. Opening type and direction and positioning (left or right) of the selected handles. No guaranteed properties and no guarantee of quality can be derived from the schematic illustrations.

(3) Conclusion of the contract: The contract is concluded on the basis of the order configured by you and our acceptance of this order. We process your order manually. Immediately after receipt of your order, you will receive an order confirmation with which we confirm receipt of your order and accept the order.

3. Prices and liability

(1) All unit prices are exclusive of VAT. Unless otherwise agreed, offers are valid for 90 days. Orders only become binding upon confirmation by the entrepreneur. Changes in dimensions and design, changes to the assembly surface and special accessories result in corresponding price corrections. Additional charges for installation on facades with external thermal insulation remain reserved. In the event of extraordinary events occurring between the conclusion of the contract and its execution (e.g. natural disaster, epidemic, pandemic, currency collapse, massive currency devaluation), the entrepreneur is entitled to withdraw from the contract with a refund of payments already made. The entrepreneur is entitled to involve third parties to carry out the work.

4. Consequences of revocation

(1) Please note: The right of withdrawal does not apply to goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Products such as windows, doors, front doors, roller shutters, external blinds, fabric blinds, roller shutters, insect screens, pool profiles, interior window sills, aluminum window sills and cover strips, which are manufactured and delivered according to your measurements or selections and selected stop/direction of rotation, are goods for which the right of withdrawal is excluded.

5. Mass

(1) The customer is responsible for the accuracy and compliance with the (technical) information provided by him, such as dimensions and plans (clearance +/- 5 mm according to SIA-342). The entrepreneur is entitled to compensate for dimensional differences in the construction using documents. Necessary additional services and additional costs as a result of imprecise/incorrect information provided by the customer are borne entirely by the customer.

6. Color choice

(1) The basic prices are based on the standard colors, which may vary depending on the product. Additional and special colors require an additional charge and sometimes longer delivery times. Storage and replacement of the colors or textiles in question are not guaranteed for subsequent deliveries and repairs. Slight deviations in color nuance and level of gloss, as well as small color damage, are to be tolerated.

7. Delivery times

(1) Delivery times are only binding if expressly guaranteed as binding. If bindingly guaranteed, the delivery period starts from the final adjustment of dimensions, design and color, as well as the assessment of any construction drawings or dimensional control on the construction site after assembly has been completed. Delayed deliveries due to force majeure, operational disruptions, accidents, illness and material procurement difficulties such as delays in delivery on the part of the manufacturer do not give rise to any claim for damages or contract cancellation. Contractual penalties are not accepted.

8. Shipping, storage and handling on site

(1) Delivery is usually free to the construction site or the corresponding valley railway station. Truck access to the construction site as well as the free use of cranes and goods lifts must be guaranteed on site. A lockable room must be made available free of charge to store the delivered material. At construction sites, a parking space for containers must be provided. For rail transport, packaging is charged separately. Stove-coated parts must not be covered with adhesive tape. If the wooden parts are ordered raw contrary to the regulations of SIA standards 342/4.12 and 5.3, any liability for any damage that may occur is rejected. This applies in particular to swelling, warping and peeling of the paint due to moisture and rot.

9. Construction advertising

(1) Without a special written agreement, the entrepreneur refuses to participate in the building advertising.

10. Assembly

(1) Assembly must be able to be carried out in one, exceptionally a maximum of two work steps. The customer is responsible for preparing the assembly environment or construction site according to the times specified by the entrepreneur. Unless otherwise agreed, he must prepare the area and undertake, organize and pay for all gardening, plastering, electrical and scaffolding work. Additional expenses incurred by the entrepreneur as a result of non-compliance with these requirements must be reimbursed additionally. The applicable directing approach applies. The customer is responsible for obtaining all permits.

In accordance with SIA standard 342, the following shall be borne by the purchaser in all cases:

a) The creation of all cavities, recesses, lintels and boxes for support channels, rollers, gear parts and drive shafts, taking into account the contractor's installation dimensions

b) Pointed work and breakthroughs in masonry, concrete, artificial stone and metal structures

c) Thread cutting and welding on third-party structures as well as connections on aluminum facades with threaded rivets, including their delivery

d) Plastering work, filling cavities and sealing joints and fastenings

e) The stone oarlock holes for gates, the block and retainer holes for venetian blinds, the rehanging of adapted venetian blind wings after the finished treatment

f) The electrical supply and connection cables, fuses, flush-mounted boxes, sockets, etc.

g) The power connections for drilling machines, welding machines and workplace lighting that comply with the SUVA regulations. h) Scaffolding that complies with the SUVA and building regulations and remains standing until the assembly work has been completed. i) The additional effort for assembly work in occupied rooms (usually per window half an hour directing)

j) The additional effort due to non-compliance with the dimensional agreements or tolerance regulations by third parties

k) The sound insulation measures if the substructure is unsuitable

l) The reassembly of system parts that were dismantled or improperly reassembled on site (e.g. cranks)

m) The additional costs due to work interruptions through no fault of one’s own

If the work described above has to be carried out by the company's staff, the materials and working hours will be billed at the applicable hourly rate. Directing work is always billed net. Electrical systems and central blind controls may only be put into operation in the presence of one of the company's specialists. The entrepreneur declines all liability for damage to lines of any kind as a result of spraying or other work and the resulting consequences, unless the purchaser can prove that he or his representative informed the company's staff in a timely manner about the location of these lines. Deductions for damage will only be recognized if a report signed by the company's staff is available. The following additional conditions apply to garage doors: The garage must be free of stored material. Due to their heavy weight, an assembly aid must be provided on site for unloading and assembly of larger gates.

11. Settlement

(1) Billing is carried out in accordance with the actual scope of delivery (in stages). Unforeseen, construction-related, cost-increasing implementations will be charged. Additions of individual pieces that cannot be manufactured and assembled with the main delivery will be charged with corresponding small quantity surcharges. Any changes to the VAT rates will be taken into account on the date they come into force. If the execution of the order takes longer than six months from the time the order was placed or if it goes beyond the agreed fixed price date, a surcharge will be charged according to agreement or based on the VSR inflation index. The following percentages of the total amount apply as a basis: 40% for material costs, 30% for manufacturing and distribution costs and 20% for assembly costs. Deductions that were not contractually agreed are excluded.

12. Payment Terms

(1) When ordering, only delivery of materials

For orders without assembly, the total amount is due from the invoice date. As soon as we have received payment from you, the order will be placed. If you delay payment, we would like to point out that the agreed delivery time will also be delayed. After a period of 40 days has expired from the invoice date, the customer is in default without further reminder and default interest of 5% is due. The customer is not entitled to offset any counterclaims against the entrepreneur against the entrepreneur's claims.

(2) Material delivery including assembly applies:

For orders under CHF 8,000: 15 days from the invoice date. For orders of CHF 8,000 or more, partial payments: 50% upon conclusion of the contract, remainder

15 days net after delivery/assembly from the invoice date. After a period of 40 days has expired from the invoice date, the customer is in default without further reminder and default interest of 5% is due. The customer is not entitled to offset any counterclaims against the entrepreneur against the entrepreneur's claims.

13. Customer's inspection and acceptance obligations

(1) The customer must inspect goods collected or delivered or assembled by the entrepreneur and work carried out immediately upon receipt and report any defects in writing immediately, at the latest within 20 days. If no complaint is made, even though defects would have been recognizable if properly checked, the goods and work are deemed to have been tacitly approved after the complaint period has expired. Acceptance of the work in the presence of both parties will only take place if there has been prior agreement. A joint acceptance test is recorded. Any defects must be recorded and a reasonable period of time agreed for the entrepreneur to rectify them.

14. Guarantee and the entrepreneur's right to rectification

(1) If defects are discovered during the acceptance test, within the contractual notice period or within the limitation period for which the entrepreneur is responsible, these must be remedied by the entrepreneur at his discretion through replacement or repair. The entrepreneur's right to make improvements also applies if it is a purchase contract without significant assembly work. The entrepreneur, but not the customer, is entitled to propose a reduction or change instead of repair. According to SIA, the guarantee is two years from the invoice date (including motor drives and controls). Retention of payments or objections to offsetting as security for the guarantee obligation are excluded. Exclusions:

a) Defects resulting from improper use by the customer or third parties are not covered by the warranty, in particular if the usage regulations are not observed or if the duty of care required due to the weather is not observed. Damage caused by storms, hail, thunderstorms, force majeure, extreme environmental influences, operation in icy conditions, minor abrasion damage, color fading, replacement of components subject to normal wear and tear, all silicone joints (leaking silicone joints are considered natural wear and tear. Replacement is considered maintenance), inadequate maintenance by the customer, glass breakage after the glass has been installed, minor deviations in color or shine, deviations in color or quality during subsequent deliveries and repairs as well as cleaning damage

b) For any type of blinds (slat blinds, fabric blinds, sun blinds, parasols, roller shutters, etc.) there is no warranty obligation for damage as a result of use in stormy weather, even if they are operated with an automatic wind system

c) No liability is accepted for the formation of stains in the wood as a result of natural treatment. Cross sections must be tolerated.

d) Galvanized iron parts have a layer thickness that complies with SIA regulations. Permanent rust protection cannot be guaranteed without additional paint on site. These components must also be given a coat of paint on site

e) There is no liability for water damage on facades with external and thermal insulation

f) Products whose minimum or maximum dimensions are outside the limits stated in the companies' brochures are not covered by the guarantee

The warranty is also excluded in the case of defects that would have been detectable upon proper inspection in accordance with Section 11 above. For warranty work, easy access to the sun and weather protection systems must be available on site, whereby any scaffolding must be constructed in accordance with SUVA and building regulations at the customer's expense and responsibility. Repairs carried out by third parties will void the warranty; their costs will not be covered. Cranks on folding roller shutters must not be dismantled on site. Warranty cases do not allow due payments to be postponed or claims for damages to be made. If delivery is made without assembly, the warranty obligation is limited to the material.

15. Limitation of Liability

(1) In any case, the entrepreneur is only liable for direct and immediate damage to delivered/assembled goods caused by the customer, provided that this can be proven to be due to gross negligence or intentional behavior on the part of the entrepreneur. The entrepreneur assumes no liability for indirect or consequential damages.

16. Conversions and renovations

(1) Unnecessary trips, waiting times and aggravating circumstances will be charged at the regular rate. The dismantling work required for the inspection (roller shutter lids, etc.) is always carried out at the risk and peril of the purchaser. The customer must remove curtains, clear flower windows and cover floors in a timely manner. Where this does not happen, any claims for damages will be rejected. The tenants must be notified on site before work begins so that all apartments are accessible.

The following shall be borne by the purchaser in all cases:

a) Scaffolding that complies with SUVA and building regulations

b) The dismantling of existing sun and weather protection systems, if necessary

c) Pointing out existing fittings

d) The provision of skips, the removal and disposal costs of the dismantled material

e) Repair work on masonry, window frames, cornices, woodwork and wallpaper

f) The cleaning required after the work has been completed

17. Place of performance and jurisdiction

(1) Place of performance and place of jurisdiction is the entrepreneur’s headquarters.

1. Scope of application

This Privacy Policy applies to the collection, processing and use of your personal data when you use the site fenstertuerenland.ch

We pay special attention to the protection of your personal data. We collect and process your data solely on the basis of legal regulations, in particular the German Federal Data Protection Act, BDSG and the European Union Data Protection Ordinance, DSGVO.

In this Privacy Policy, we inform you about important aspects of data processing on our Website, as well as what data is collected, processed and used by us and for what purpose, and how you can object to this.

2. Handling of personal data

In order to guarantee the functionality and provision of the content and services on our website, it is necessary to collect and use the personal data of our users.

All data on our website is transmitted encrypted over an SSL connection.

Data processing is carried out by us on the basis of legal provisions, namely Art. 6 para. 1a (prior consent) and/or para. 1f (legitimate interest) of the European Union Data Protection Regulation (DSGVO). If the processing is necessary for our legitimate interests and does not override the legal interests, fundamental rights and freedoms of the person concerned, then Art. 6 para. 1 f DSGVO applies as the legal basis for the data processing.

Uses of data outside these limits can only be made with the express prior consent of the data subject. In particular, we collect and process the following data:

2.1 Site access log data

Each time you visit our site, your browser automatically transmits the following data to our server, which is recorded in the system log:

The type and version of the browser you are using,

The type and version of the operating system you are using,

The URL of the site from which you came to our site,

The keywords for which you found our site,

Date and time of site visit,

The name of the page you visited,

The IP address you are using.

This data is collected and processed in an anonymous form, i.e. they cannot be used to identify a specific individual. The purpose of collecting and processing this data is a generalized analysis of internal system and statistical data. In addition, this data is used to ensure technical security, especially to protect against attacks, unauthorized access to our Web server and further control and investigation of criminal offenses in this area. IP addresses are analyzed by us only in case of attacks on the server's network infrastructure.

We use your email address to confirm when registering and opening an account on our site, and to send you confirmations of orders made. Your email address may also be used by us to notify you of changes to your account, such as changes to the site's terms of use, technical issues, various confirmations of your activities on the site, and responses to your inquiries.

We do not share your email address with third parties unless we are required to do so for legal reasons under applicable law.

The legal basis for data processing is Art. 6 para. 1b (performance of a contract) DSGVO.

2.3 Name

We do not share your email address with third parties unless we are required to do so for legal reasons under applicable law.

Your data is used exclusively for sending newsletter emails. The subscription can be canceled by you at any time. You can also revoke your consent to the storage of your personal data. There is a corresponding link in every newsletter email for this purpose.

The legal basis for the processing of data when subscribing to the newsletter is your prior consent, pursuant to Art. 6 para. 1 a GDPR. The legal basis for sending newsletters as a result of the sale of goods or services is § 7 paragraph 3 of the Federal Law against Unfair Competition (UWG).

2.4 Contact details

If you contact us using the contact form on our website or contact us directly by e-mail, your personal data will be automatically stored. Saving data is necessary in order to process the received message and respond to it.

We do not pass this data on to third parties without your prior consent.

The legal basis for data processing is Art. 6 para. 1a (prior consent) DSGVO.

The legal basis for the processing of data received by e-mail is Art. 6 para. 1 f DSGVO. If an e-mail is sent for the purpose of concluding a contract, then Art. 6 para. 1b (performance of a contract) GDPR is an additional legal basis.

The legal basis for data processing is Art. 6 para. 1b (performance of a contract) DSGVO.

3. Legal basis for the processing of personal data

In the event that we obtain your prior consent to the use of your personal data, Article 6 para. 1a of the European Union Data Protection Regulation (DSGVO) applies as the legal basis.

If it is necessary to use your personal data for the performance of a contract to which you are a party, Art. 6 para. 1b of the European Union Data Protection Regulation (DSGVO) applies as the legal basis. This legal basis also applies to the processing of data necessary for the conclusion of a contract.

If the processing of personal data is necessary for the fulfillment of legal obligations by our company, Article 6 para. 1c of the European Union Data Protection Regulation (DSGVO) applies as the legal basis.

If the processing is necessary for our legitimate interests or those of third parties and does not override the legal interests, fundamental rights and freedoms of the person concerned, then Art. 6 para. 1 f DSGVO shall apply as the legal basis for the data processing.

More detailed information on the use of cookies can be found in §8 of this Privacy Policy.

4. Google AdSense Ads / Remarketing

Company: Google LLC, (1600 Amphitheater Parkway, Mountain View, CA 94043, USA)

Use of data: Google AdSense uses cookies and web beacons, Web Beacons (invisible graphics) to serve interest-based advertising and measure the traffic of our website visitors, however Google AdSense does not store personal information, your IP address will not be combined with other data that you have saved. You have the option to disable the remarketing feature on the Google website.

LAND GmbH

Use of Data: The Awin AG Affiliate Marketing Network uses cookies to store information about transactions, sales and advertising campaigns. The purpose of storing information: determining the effectiveness of the use of promotional materials. No personal data is collected.

Read more: https://www.awin.com/de/rechtliches/privacy-policy

More detailed information on the use of cookies can be found in §8 of this Privacy Policy.

5. Procedure for deleting and storing personal data

We process and store personal data for the period necessary to achieve the purpose of data storage or in accordance with the directives and rules of the European Union or other legislative acts that regulate the processing of personal data.

If the purpose of data storage has been achieved or the data storage period prescribed by the directives and regulations of the European Union or other legislative acts that regulate the handling of personal data has expired, personal data will be blocked and deleted accordingly.

A newsletter subscription is not deleted until its owner terminates it.

Your IP address for the purposes of statistics, security and confirmation of your actions on the site (subscription, registration, entering information and comments, paid orders, etc.) is recorded and stored by us indefinitely, for a long time. We store it for our security: in the event that your actions on the site are contrary to applicable law or violate our agreements - the terms of use of the site, we may use your IP address to track your identity.

6. Your rights

If we have stored your personal data in a way that complies with the European Union Data Protection Regulation, you have the following rights in relation to the data controller:

The right to receive information.

You can ask the responsible person for confirmation that your personal data is being processed by us. If such processing actually takes place, you can request the following information from the person responsible: purposes, data categories, recipients of the information, planned storage duration.

The right to correct information.

You have the right to have the information corrected or completed if the personal data we process about you is incomplete or erroneous. The responsible person will make the necessary corrections and additions without delay.

The right to restrict the processing of data (under certain conditions stipulated by law).

The right to delete data (under certain conditions stipulated by law).

The right to be informed.

If you have exercised your right to rectification, deletion or limitation of the processing of personal data, the person responsible will inform everyone to whom this data was previously transferred, unless this is impossible or involves excessive costs. You have the right to obtain information about these recipients of your data.

Right to data transfer.

You have the right to receive the personal data that you have provided to the responsible person in a structured, popular, machine-readable format. In addition, you have the right to have the responsible person transfer your personal data to another responsible person.

Right to object.

You have the right to object to the processing of your personal data, in certain cases, on the basis of Art. 6 para. 1e and 1f GDPR.

You can revoke (cancel) your prior consent to the processing of personal data at any time. This withdrawal of prior consent does not in any way affect the lawfulness of the processing of your personal data that took place before we received your notice of withdrawal of consent.

Right to lodge a complaint with the supervisory authority.

7. Exercise of rights to information, objection, rectification and deletion of data

You can withdraw your prior consent to the processing of personal data, as well as exercise the right to delete or correct data at any time. Personal data that we use for contractual relations with you or for the preparation of a contract may be deleted ahead of time only if their deletion is not contrary to contractual or statutory requirements, obligations.

You can send us your request for information, correction or deletion of data, as well as the decision to withdraw your prior consent to data processing in free form by e-mail, letter or fax (contact details see § 9 of this privacy policy).

8. Cookies

Cookie permission settings

We use so-called cookies on our website. These are small text files that are saved by the browser and stored on your computer. Thanks to the information that is stored in the cookie, our web server transmits to your browser individual settings for our site, and possibly data for authentication on the site in encrypted form. Thus, the use of cookies makes your use of our site easier and also allows you to be logged in to the site.

The legal basis for the processing of personal data using cookies is our legitimate interests, pursuant to Art. 6 para. 1 f DSGVO.

Cookies are stored on your computer and transmitted from it to our website, so you, as a user, have full control over the use of cookies. Using your browser settings, you can cancel, delete or block the use of cookies. If you disable the use of cookies on our website, you may not be able to use all the features provided on our website to the full extent.

Cookies are also used by various Internet services whose services are used on our website, you can find out more about this in § 4 of this Privacy Policy.

9. Protection of minors

Children and persons under the age of 18 may not provide us with personal information without the consent of their parents or legal guardians. We do not collect or process the personal data of children, nor do we transfer it to third parties.

10. Changes to this privacy policy

We may change this Privacy Policy at any time to comply with applicable legal requirements and our new or changed services. On your next visit to our site, the new Privacy Policy will apply.