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Terms and Conditions & Privacy Policy

Terms and Conditions

1. Scope of Application

These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts concluded between Sunny Sage GmbH, CHE-486.766.977, (hereinafter referred to as "Sunny Trade") and individuals or companies domiciled or headquartered in Switzerland or the Principality of Liechtenstein (hereinafter referred to as "Customer") for products offered in the Sunny Trade online shop (hereinafter referred to as "Online Shop").

By placing an order in the Sunny Trade Online Shop, the Customer accepts these GTC.

The GTC apply in the version valid at the time of the conclusion of the contract. Sunny Trade reserves the right to amend these GTC at any time.


2. User Account / Customer Information

The Customer places orders via a user account in the Sunny Trade Online Shop. All information provided by the Customer in the user account must be complete and truthful. Each Customer may only open one user account.

3. Contract Conclusion and Delivery

The contract between Sunny Trade and the customer is only concluded upon Sunny Trade's shipping confirmation and is subject to the availability of the ordered products. Until Sunny Trade expressly confirms shipment, the buyer remains bound by the order.

Sunny Trade's offer is primarily aimed at retailers, therefore Sunny Trade reserves the right not to fulfill or to reject orders, particularly if, in Sunny Trade's view, quantities of products are not customary for retailers.

The prices in Swiss francs valid on the date of the order, as displayed in the webshop, apply to the products ordered by the buyer, excluding shipping costs. Shipping costs are shown separately during the ordering process and in the order confirmation.

Sunny Trade delivers exclusively to delivery addresses within Switzerland or the Principality of Liechtenstein. Sunny Trade determines the shipping method and packaging. Partial deliveries are permitted; Sunny Trade bears any additional shipping costs incurred as a result.

Delivery dates and/or deadlines specified or communicated by Sunny Trade are non-binding. If the delay exceeds twenty days or if delivery is impossible for more than twenty days, both the customer and Sunny Trade are entitled to withdraw from the contract without compensation.

4. Payment Terms

Payment for all orders must be made in Swiss francs, optionally by credit card, Twint, instant bank transfer, Apple Pay, PayPal, or invoice.

The prices of the goods are confidential and may not be disclosed to third parties.

5. Inspection, Warranty, and Liability

The customer must inspect the received shipments or products immediately for accuracy, completeness, and absence of defects. Any discrepancies from the order and any defects must be reported to Sunny Trade in writing via email within 10 business days of delivery.

Sunny Trade warrants only that the ordered products are free from defects in materials and/or workmanship at the time of delivery to the customer.

Returns are at the customer's expense. The customer is obligated to contact us via hallo@sunny-trade.ch before returning any goods and no later than 10 days after receiving them.

Wear and tear, as well as the consequences of improper or careless use, lack of maintenance, and repair attempts by the customer or third parties, do not constitute defects.
Sunny Trade may, at its sole discretion, fulfill its warranty obligations by repair, replacement (with an identical or similar product), price reduction, or refund. Other services, in particular claims for damages, are excluded in the event of a defect.

By purchasing the products, the customer agrees to use them solely for their intended purpose.

We reserve the right to discontinue sales in cases of misuse, improper handling of the products, or complaints.

Any further liability of Sunny Trade in connection with products or services of Sunny Trade and its agents is excluded to the extent permitted by law.


6. Data Security and Privacy

Data transmission takes place via the internet. The internet is an open network accessible to everyone and is therefore not generally considered a secure environment. All payment transactions are processed according to the security standard in place at the time of the transaction ("https://"). Sunny Trade accepts no liability for the security of data during its transmission via the internet.

Personal data is processed in accordance with applicable data protection regulations for the purpose of contract fulfillment and maintaining customer relations (including marketing activities).

The transfer of the customer's personal data to third parties outside of Sunny Trade is prohibited.

Data is transferred exclusively to service partners involved in processing the contract, such as the logistics company commissioned with delivery. In such cases, the scope of the transmitted data is limited to the minimum necessary for contract processing. Customer data will not be disclosed to any other third parties. The customer agrees to the collection, processing, and use of their personal data in accordance with the aforementioned information.

Furthermore, the terms and conditions for using the webshop's website, which can be found under the "Data Protection" section, also apply to buyers.


7. Applicable Law and Jurisdiction

The contractual relationship, including these General Terms and Conditions, is governed exclusively by Swiss law, excluding the conflict of laws provisions of Swiss private international law, in particular excluding the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention). The place of jurisdiction is Romanshorn, Canton Thurgau, Switzerland, although Sunny Trade is also entitled to bring legal action against the customer at the customer's general place of jurisdiction.

January 2023
Sunny Trade - the sunny sage GmbH

Data protection

We receive, collect, and store all information you enter on our website or otherwise provide to us.

In addition, we collect the IP (Internet Protocol) address used to connect your computer to the internet; login information; email address; password; computer and connection information; and purchase history.

We may use software tools to measure and collect session information, including page response times, the length of time visitors spend on certain pages, page interaction information, and methods used to access the page. We also collect personally identifiable information (including name, email address, password, and communications); payment details (including credit card information); comments, feedback, product reviews, recommendations, and personal profiles.

When you conduct a transaction on our website, we collect the personal information you provide, such as your name, address, and email address. Your personal information will only be used for the purposes described above.

 

We collect this non-personal and personal data for the following purposes:

To provide and operate the services;

To offer our users ongoing customer service and technical support;

To contact our visitors and users with general or personalized service-related notices and promotional messages;

To create aggregated statistical data and other aggregated and/or inferred non-personal information, which we or our business partners may use to provide and improve our services;

To comply with applicable laws and regulations.

This website uses SSL encryption for security reasons and to protect the transmission of confidential content, such as the requests you send to us as the website operator. You can recognize an encrypted connection by the fact that the browser's address bar changes from “http://” to “https://” and by the lock symbol in your browser's address bar.

When SSL encryption is activated, the data you transmit to us cannot be read by third parties.

 

When you submit inquiries to us via our contact form, the information you provide, including your contact details, will be stored by us for the purpose of processing your inquiry and for any follow-up questions. We will not share this data without your consent.

We may contact you to notify you about your account, resolve account issues, settle a dispute, collect outstanding fees, solicit your feedback through surveys or questionnaires, send updates about our company, or when necessary to enforce our User Agreement, applicable national laws, and any agreement we have with you. For these purposes, we may contact you by email, phone, SMS, or mail.

Cookies are small files that your browser places on your device in a designated directory. These cookies can, for example, determine whether you have visited a website before. Most browsers accept cookies automatically. You can configure your browser to prevent cookies from being stored or to require explicit consent before a cookie is saved. You can also delete cookies that have already been set at any time. Please note that disabling cookies may restrict your use of our website.

We require cookies for the following purposes: website optimization, marketing, and other uses.

This website may use Google Maps for embedding maps, Google Invisible reCAPTCHA for protection against bots and spam, and YouTube for embedding videos.

These services from the American company Google LLC use cookies, among other things, and consequently, data is transferred to Google in the USA. We assume that no personal tracking occurs solely through the use of our website.

Google has committed to ensuring adequate data protection in accordance with the EU-US and Swiss-US Privacy Shield frameworks.

Further information can be found in Google's Privacy Policy.

 

Use of Google Analytics:

This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States.

Information about your use of this website is generally transmitted to and stored on a Google server in the USA. However, if IP anonymization is activated on this website, your IP address will be shortened by Google beforehand within member states of the European Union or in other contracting states of 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 shortened there. Google will use this information to evaluate your use of the website, to compile reports on website activity for website operators, and to provide other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.

You can prevent the installation of cookies by adjusting your browser software settings accordingly; however, please note that in this case you may not be able to fully utilize all the functions of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

Use of Facebook:

This website links to a Facebook "Like" page at the bottom of each page. By clicking on this link, you leave this website and establish a direct connection between your browser and the Facebook servers. Information about the data subsequently collected by Facebook Inc. can be found here: https://www.facebook.com/privacy/explanation

We also use so-called Facebook pixels:

Third parties, including Facebook, may use cookies, web beacons, and other storage technologies to collect or receive information from this website and other locations on the internet, and then use this information for measurement and ad targeting purposes. Users can object to the collection and use of information for ad targeting and can access a mechanism to make such a selection (e.g., at http://www.youronlinechoices.com/ch-de/).

Use of Pinterest:

On this website, you can share content directly on Pinterest by clicking on an icon. You will be automatically redirected to the Pinterest website, thus leaving this website and establishing a direct connection between your browser and the Pinterest servers. Information about the data subsequently collected by Pinterest can be found here: https://policy.pinterest.com/de/privacy-policy

Use of Apple Pay:

Apple retains anonymized transaction data, including the approximate purchase amount, the name of the app developer and app, the approximate date and time, and whether the transaction was successful. Apple uses this data to improve Apple Pay and other products and services. Apple also requires that apps and websites in Safari that want to use Apple Pay have a privacy policy that describes how your data is used and that you can review.

When you use Apple Pay on your iPhone or Apple Watch to confirm a purchase you made through Safari on your Mac, your Mac and the authorizing device communicate over an encrypted channel on Apple's servers. Apple does not retain any of this information in a format that can identify you.

We reserve the right to modify this privacy policy at any time, so please review it regularly. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you of those changes here. This way, you will know what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If you would like to view, correct, amend, or delete any personal information we hold about you, you can contact us at hallo@sunny-trade.ch.

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