1. SCOPE

2. CONCLUSION OF CONTRACT

3. RIGHT OF WITHDRAWAL

4. PRICES AND PAYMENT TERMS

5. DELIVERY AND SHIPPING TERMS

6. RETENTION OF TITLE

7. LIABILITY FOR DEFECTS (WARRANTY)

8. REDEMPTION OF GIFT VOUCHERS

9. APPLICABLE LAW

10. ALTERNATIVE DISPUTE RESOLUTION

1) SCOPE

1.1

These General Terms and Conditions (hereinafter "Terms and Conditions") acting under "NYLEA" (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") enters into with the Seller with regard to the terms and conditions agreed by the Seller in the goods presented in his online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2

These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless something different is expressly stipulated.

1.3

A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) CONCLUSION OF CONTRACT

2.1

The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but are used to make a binding offer by the customer.

2.2

The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking on the button that completes the ordering process.

2.3

The seller can accept the customer's offer within five days,

- by sending the customer a written order confirmation or an order confirmation in text form (e-mail), whereby the receipt of the order confirmation by the customer is decisive, or

- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or

- by asking the customer to pay after placing their order.

If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4

If you select a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal terms and conditions. Terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions for payments without a PayPal account at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5

If the payment method "Amazon Payments" is selected, payment is processed via the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https ://payments.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method as part of the online ordering process, he also issues a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller declares acceptance of the customer's offer at the time the customer initiates the payment process by clicking on the button that completes the ordering process.

2.6

When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The seller will not make the contract text available beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.

2.7

Before bindingly submitting the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser's magnification function, which enlarges the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.

2.8

Only the German language is available for concluding the contract.

2.9

Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) RIGHT OF WITHDRAWAL

3.1

Consumers generally have a right of withdrawal.

3.2

Further information on the right of withdrawal can be found in the seller's cancellation policy.

4) PRICES AND PAYMENT TERMS

4.1

Unless otherwise stated in the seller's product description, the prices stated are total prices and include statutory sales tax. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.

4.2

The payment option(s) will be communicated to the customer in the seller's online shop.

4.3

If advance payment via bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.4

If you select the payment method “SOFORT”, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account activated for participation in “SOFORT”, identify themselves accordingly during the payment process and confirm the payment instruction to “SOFORT”. The payment transaction will be carried out immediately afterwards by “SOFORT” and the customer’s bank account will be debited. The customer can find further information about the “SOFORT” payment method online at https://www.klarna.com/sofort/.

4.5

If you select a payment method offered via the payment service “Shopify Payments”, payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services to which special payment conditions may apply, to which the customer may be notified separately. Further information about “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments-de.

4.6

If you select a payment method offered via the “Klarna” payment service, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”).

In collaboration with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:

• Invoice: The payment deadline is 14 days from the dispatch of the goods/ticket/or, for other services, from the provision of the service. The invoice purchase terms and conditions for deliveries to Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0 and for deliveries to Austria at https://cdn .klarna.com/1.0/shared/content/legal/terms/EID/de_at/invoice?fee=0.
• Installment purchase: With Klarna's financing service, you can pay for your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least EUR 6.95) or under the conditions otherwise stated in the checkout. The installment payment is due at the end of the month after Klarna has sent a monthly invoice. Further information about installment purchase including the general terms and conditions and the European standard information for consumer credit can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account
• Immediately: Your account will be debited immediately after you place your order.
• Direct debit: The debit takes place after the goods have been dispatched. The time will be communicated to you by email.

The use of the payment methods invoice, installment purchase and direct debit requires a positive credit check. In this respect, as part of the purchase initiation and processing of the purchase contract, we forward your data to Klarna for the purpose of address and creditworthiness checks. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna's terms of use for Germany can be found here: https://cdn.klarna.com/1.0/shared/content/legal/terms/K502554/de_de/user and for Austria here: https://cdn.klarna.com /1.0/shared/content/legal/terms/K502554/de_at/user. General information about Klarna can be found here: www.klarna.com. Your personal information will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations for Germany/Austria.

5) DELIVERY AND SHIPPING TERMS

5.1

Goods will be delivered via shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if you select the PayPal payment method, the delivery address provided by the customer with PayPal at the time of payment is decisive.

5.2

If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the shipping costs if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs will be subject to the provisions set out in the seller's cancellation policy.

5.3

The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies in the event that the non-delivery is not the fault of the seller and the seller has concluded a specific cover transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.4

Pickup is not possible for logistical reasons.

5.5

Vouchers are provided to the customer as follows: by email

6) RETENTION OF TITLE

If the seller makes advance payments, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.

7) LIABILITY FOR DEFECTS (WARRANTY)

7.1

If the purchased item is defective, the provisions of statutory liability for defects apply.

7.2

The following applies to used goods: Claims for defects are excluded if the defect only occurs after one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period. However, the shortening of the liability period to one year does not apply
- for items that were used for a building in accordance with their normal use and caused its defects,
- for claims for damages and reimbursement of expenses by the customer, as well
- in the event that the seller fraudulently concealed the defect.

7.3

If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.

8) REDEMPTION OF GIFT VOUCHERS

8.1

Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless the voucher states otherwise.

8.2

Gift vouchers and remaining balance of gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.

8.3

Gift vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.

8.4

Only one gift voucher can be redeemed per order.

8.5

Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

8.6

If the value of the gift voucher is not sufficient to cover the order, you can choose one of the other payment methods offered by the seller to pay the difference.

8.7

The balance of a gift voucher will neither be paid out in cash nor interest.

8.8

The gift voucher is intended only for use by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.

9) APPLICABLE LAW

Swiss law applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

10) ALTERNATIVE DISPUTE RESOLUTION

10.1

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

10.2

The seller is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.

NYLEA Online Shopping EU
8640 Rapperswil

CONTACT

Telephone: On request
Email: info@nylea.ch

EU DISPUTE RESOLUTION

The European Commission provides a platform for online dispute resolution (OS):
https://ec.europa.eu/consumers/odr .

You can find our email address in the imprint above.

CONSUMER DISPUTE RESOLUTION / UNIVERSAL ARBITRATION BODY

We are not willing or obliged to take part in dispute resolution proceedings before a consumer arbitration board.

LIABILITY FOR CONTENT

As a service provider, we are responsible for our own content on these pages in accordance with general laws in accordance with Section 7 Paragraph 1 TMG. However, according to Sections 8 to 10 TMG, as a service provider we are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity.

1) INFORMATION ABOUT THE COLLECTION OF PERSONAL DATA AND CONTACT DETAILS OF THE RESPONSIBLE

1.1

We are pleased that you are visiting our website and thank you for your interest. Below we will inform you about how your personal data is handled when you use our website. Personal data is all data with which you can be personally identified.

1.2

The person responsible for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is NYLEA Online Shopping, email: info@nylea.ch

The person responsible for the processing of personal data is the natural or legal person who, alone or jointly with others, decides on the purposes and means of processing personal data.

1.3

For security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or inquiries to the person responsible), this website uses SSL or. TLS encryption. You can recognize an encrypted connection by the string “https://” and the lock symbol in your browser bar.

2) DATA COLLECTION WHEN VISITING OUR WEBSITE

If you use our website for informational purposes only, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to our server (so-called “server log files”). When you access our website, we collect the following data, which is technically necessary for us to display the website to you:

• Our visited website
• Date and time at the time of access
• Amount of data sent in bytes
• Source/reference from which you came to the page
• Browser used
• Operating system used
• IP address used (if necessary: ​​in anonymized form)

Processing is carried out in accordance with Article 6 Paragraph 1 Letter f of the GDPR based on our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to subsequently check the server log files if there are concrete indications of illegal use.

3) HOSTING & CONTENT DELIVERY NETWORK

Hosted by Shopify

We use the shop system of the service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”) for the purpose of hosting and displaying the online shop on a basis Processing on our behalf. All data collected on our website is processed on Shopify’s servers. As part of Shopify's aforementioned services, data may also be processed further on behalf of Shopify Inc., 150 Elgin St, Ottawa, ON K2P 1L4, Canada, Shopify Data Processing (USA) Inc., Shopify Payments (USA) Inc . or Shopify (USA) Inc. In the event that data is transferred to Shopify Inc. in Canada, the appropriate level of data protection is guaranteed by the European Commission's adequacy decision. Further information on Shopify's data protection can be found on the following website: https://www.shopify.de/legal/datenschutz
Further processing on servers other than those mentioned above by Shopify only takes place within the scope stated below.

4) COOKIES

In order to make visiting our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your device. Some of the cookies we use are deleted after the end of the browser session, i.e. after you close your browser (so-called session cookies). Other cookies remain on your device and enable you to recognize your browser the next time you visit (so-called persistent cookies). If cookies are set, they collect and process certain user information such as browser and location data as well as IP address values ​​on an individual basis. Persistent cookies are automatically deleted after a specified period of time, which may vary depending on the cookie. You can find out how long each cookie is stored in the overview of the cookie settings in your web browser.

In some cases, cookies are used to simplify the ordering process by storing settings (e.g. remembering the contents of a virtual shopping cart for a later visit to the website). If personal data is also processed through individual cookies we use, the processing takes place in accordance with Art. 6 Para. 1 lit. b GDPR either to implement the contract, in accordance with Art. 6 Para. 1 lit in accordance with Art. 6 Para. 1 lit. f GDPR to protect our legitimate interests in the best possible functionality of the website as well as a customer-friendly and effective design of the page visit.

Please note that you can set your browser so that you are informed about the setting of cookies and can decide individually whether to accept them or exclude the acceptance of cookies for certain cases or in general. Each browser differs in the way it manages cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You can find these for the respective browsers under the following links:

Internet Explorer:
https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies

Firefox:
https://support.mozilla.org/de/kb/cookies-allow-and-reject

Chrome:
https://support.google.com/chrome/answer/95647?hl=de&hlrm=en

Safari:
https://support.apple.com/de-de/guide/safari/sfri11471/mac

Opera:
https://help.opera.com/de/latest/web-preferences/#cookies

Please note that if you do not accept cookies, the functionality of our website may be restricted.

5) CONTACT US

When you contact us (e.g. via contact form or email), personal data is collected. Which data is collected when a contact form is used can be seen in the respective contact form. This data is stored and used exclusively for the purpose of answering your request or for contacting you and the associated technical administration. The legal basis for processing this data is our legitimate interest in answering your request in accordance with Article 6 (1) (f) GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Article 6 (1) (b) GDPR. Your data will be deleted after your request has been processed. This is the case if it can be seen from the circumstances that the matter in question has been conclusively clarified and if there are no legal retention obligations to the contrary.

6) DATA PROCESSING WHEN OPENING A CUSTOMER ACCOUNT AND FOR CONTRACT PROCESSING

In accordance with Article 6 Paragraph 1 Letter b of the GDPR, personal data will continue to be collected and processed if you provide it to us to execute a contract or when opening a customer account. Which data is collected can be seen from the respective input forms. Your customer account can be deleted at any time and can be done by sending a message to the above address of the person responsible. We store and use the data you provide to process the contract. After the contract has been fully processed or your customer account has been deleted, your data will be blocked in consideration of tax and commercial law retention periods and deleted after these periods have expired, unless you have expressly consented to further use of your data or reserve the right to further use of your data as permitted by law on our part became.

7) DATA PROCESSING FOR ORDER PROCESSING

7.1

To process your order, we work with the service provider(s) below, who support us in whole or in part in the implementation of concluded contracts. Certain personal data will be transmitted to these service providers in accordance with the following information.

The personal data we collect will be passed on to the transport company commissioned with the delivery as part of the contract processing, to the extent that this is necessary to deliver the goods. We pass on your payment data to the commissioned credit institution as part of payment processing, provided this is necessary for payment processing. If payment service providers are used, we will inform you explicitly about this below. The legal basis for passing on the data is Article 6 Paragraph 1 Letter b GDPR.

7.2

To fulfill our contractual obligations to our customers, we work with external shipping partners. We will pass on your name and delivery address and, if necessary for delivery, your telephone number to a shipping partner selected by us exclusively for the purpose of delivering goods in accordance with Art. 6 Para. 1 lit. b GDPR.

7.3

Use of payment service providers (payment services)

-Amazon Pay
If you select the payment method "Amazon Pay", payment is processed via the payment service provider Amazon Payments Europe sca, 38 avenue JF Kennedy, L-1855 Luxembourg (hereinafter: "Amazon Payments"), to whom we will pass on the information you provided during the ordering process along with the Pass on information about your order in accordance with Article 6 Paragraph 1 Letter b GDPR. Your data will be passed on exclusively for the purpose of processing payments with the payment service provider Amazon Payments and only to the extent that it is necessary for this purpose. You can find further information about Amazon Payments' data protection regulations at the following internet address:
https://pay.amazon.com/de/help/201751600

-Apple Pay
If you choose the “Apple Pay” payment method from Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland, the payment will be processed using the “Apple Pay” function of your device running iOS, watchOS or macOS by debiting a payment card stored with “Apple Pay”. Apple Pay uses security features built into your device's hardware and software to protect your transactions. In order to approve a payment, you must enter a code previously specified by you and verify it using the “Face ID” or “Touch ID” function of your device. For the purpose of payment processing, the information you provided during the ordering process, along with the information about your order, will be passed on to Apple in encrypted form. Apple then encrypts this data again with a developer-specific key before the data is transmitted to the payment service provider of the payment card stored in Apple Pay to carry out the payment. Encryption ensures that only the website through which the purchase was made can access the payment details. After the payment is made, Apple sends your device account number and a transaction-specific, dynamic security code to the originating website to confirm the payment success. If personal data is processed during the transfers described, the processing takes place exclusively for the purpose of payment processing in accordance with Article 6 (1) (b) GDPR. Apple retains anonymized transaction information, including the approximate purchase amount, the approximate date and time, and whether the transaction was successfully completed. Anonymization completely excludes any personal reference. Apple uses the anonymized data to improve Apple Pay and other Apple products and services. When you use Apple Pay on iPhone or Apple Watch to complete a purchase made through Safari on Mac, the Mac and the authorization device communicate over an encrypted channel on Apple's servers. Apple does not process or store any of this information in a format that can be used to identify you. You can turn off the ability to use Apple Pay on your Mac in your iPhone's settings. Go to Wallet & Apple Pay and turn off Allow Payments on Mac. Further information on data protection with Apple Pay can be found at the following internet address:
https://support.apple.com/de-de/HT203027

- Google Pay
If you choose the “Google Pay” payment method from Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”), the payment will be processed via the “Google Pay” application on your device with at least Android 4.4 (“KitKat”) operated mobile device with an NFC function by charging a payment card stored with Google Pay or a payment system verified there (e.g. PayPal). In order to approve a payment via Google Pay in the amount of more than €25, you must first unlock your mobile device using the verification measure that has been set up (e.g. facial recognition, password, fingerprint or pattern). For the purpose of payment processing, the information you provided during the ordering process, along with the information about your order, will be passed on to Google. Google then transmits your payment information stored in Google Pay in the form of a unique transaction number to the originating website, which is used to verify a payment made. This transaction number does not contain any information about the real payment details of your payment methods stored with Google Pay, but is created and transmitted as a one-time valid numerical token. For all transactions via Google Pay, Google only acts as an intermediary to process the payment process. The transaction is carried out exclusively between the user and the source website by debiting the payment method stored with Google Pay. If personal data is processed during the transfers described, the processing takes place exclusively for the purpose of payment processing in accordance with Article 6 (1) (b) GDPR. Google reserves the right to collect, store and evaluate certain process-specific information for every transaction made via Google Pay. This includes the date, time and amount of the transaction, merchant location and description, a description of the goods or services purchased provided by the merchant, photographs that you included with the transaction, the name and email address of the seller and buyer, respectively. the sender and recipient, the payment method used, your description of the reason for the transaction and, if applicable, the offer associated with the transaction. According to Google, this processing is carried out exclusively in accordance with Article 6 (1) (f) GDPR based on the legitimate interest in proper accounting, verification of transaction data and the optimization and functionality of the Google Pay service. Google also reserves the right to combine the processed process data with other information that is collected and stored by Google when you use other Google services. The Google Pay terms of use can be found here:
https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=googlepaytos&ldl=de

Further information on data protection with Google Pay can be found at the following internet address:
https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=privacynotice&ldl=de

-Paypal
When paying via PayPal, credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "payment in installments" via PayPal, we pass on your payment data to PayPal (Europe) Sarl et Cie, SCA, 22- as part of the payment processing. 24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), further. The transfer takes place in accordance with Art. 6 Para. 1 lit. b GDPR and only to the extent that this is necessary for payment processing. PayPal reserves the right to carry out a credit check for the payment methods credit card via PayPal, direct debit via PayPal or - if offered - "purchase on account" or "payment in installments" via PayPal. For this purpose, your payment data may be passed on to credit agencies in accordance with Article 6 Paragraph 1 Letter f of the GDPR based on PayPal's legitimate interest in determining your ability to pay. PayPal uses the result of the credit check with regard to the statistical probability of non-payment for the purpose of deciding whether to provide the respective payment method. The credit report can contain probability values ​​(so-called score values). To the extent that score values ​​are included in the results of the credit report, they are based on a scientifically recognized mathematical-statistical procedure. The calculation of the score values ​​includes, but is not limited to, address data. Further data protection information, including information about the credit agencies used, can be found in PayPal's data protection declaration:
https://www.paypal.com/de/webapps/mpp/ua/privacy-full

You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may still be entitled to process your personal data if this is necessary for contractual payment processing.

8) ONLINE MARKETING

Facebook Pixel for creating custom audiences (with Cookie Consent Tool)

Within our online offering, the so-called “Facebook pixel” from the social network Facebook is used, which is operated by Facebook Ireland Limited, 4 Grand Canal Quare, Dublin 2, Ireland (“Facebook”). If a user clicks on one of our websites An ad that is played on Facebook is added to the URL of our linked page by Facebook Pixel. If our site allows data to be shared with Facebook via Pixel, this URL parameter is written into the user's browser via a cookie, which ours linked page itself. This cookie is then read by Facebook Pixel and enables the data to be forwarded to Facebook. With the help of the Facebook Pixel, on the one hand, Facebook is able to identify visitors to our online offering as a target group for the display of advertisements (so-called "Facebook -Ads"). Accordingly, we use the Facebook pixel to only show the Facebook ads we place to those Facebook users who have shown an interest in our online offering or who have certain characteristics (e.g. interests in certain topics or products that are determined based on the websites visited) which we transmit to Facebook (so-called “Custom Audiences”). With the help of the Facebook pixel, we also want to ensure that our Facebook ads correspond to the potential interest of the users and do not appear annoying. This allows us to further evaluate the effectiveness of Facebook advertisements for statistical and market research purposes by tracking whether users were redirected to our website after clicking on a Facebook advertisement (so-called “conversion”). The data collected is anonymous to us, so it does not allow us to draw any conclusions about the identity of the user. However, the data is stored and processed by Facebook so that a connection to the respective user profile is possible and Facebook uses the data for its own advertising purposes, in accordance with the Facebook data usage guidelines
https://www.facebook.com/about/privacy/
can use. The data can enable Facebook and its partners to place advertisements on and outside of Facebook. The data processing associated with the use of the Facebook Pixel only takes place with your express consent in accordance with Art. 6 Para. 1 lit. a GDPR. You can revoke your consent at any time with future effect. To exercise your revocation, remove the check mark next to the “Facebook Pixel” setting in the “Cookie Consent Tool” integrated on the website.

9) RETARGETING / REMARKETING / REFERRAL ADVERTISING

Pinterest retargeting pixels

This website contains a pixel (Pinterest tag) from Pinterest Europe Ltd. (Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland (“Pinterest”) integrated. With the help of the pixel, information about the surfing behavior of website visitors can be collected, stored and evaluated in a pseudonymized form. The information can be identified by the user with the help of additional information that Pinterest has stored about the user, for example due to the ownership of an account on the social network "Pinterest". Pinterest analyzes surfing behavior using an algorithm and can then provide targeted product recommendations as personalized advertising banners on the user's Pinterest account Display. Pinterest can also combine the information collected via the pixel with other information that Pinterest has collected via other websites and/or in connection with the use of the social network “Pinterest” and thus create pseudonymized usage profiles. In no case can the However, the information collected is used to personally identify visitors to this website. All processing described above, in particular the setting of cookies to read information on the device used, will only be carried out if you have given us your express consent to this in accordance with Article 6 (1) (a) GDPR. Without this consent, this service will not be used during your visit to the site. You can revoke your consent at any time with future effect. To exercise your revocation, please deactivate this service in the “cookie consent tool” provided on the website. If necessary, data collected via the pixel may be transmitted to Pinterest Inc. servers in the USA. Further information on data protection at Pinterest Europe Limited can be found here:
https://policy.pinterest.com/de/privacy-policy

TikTok pixels

This website uses the “TikTok Pixel”, a tracking technology from the social network “TikTok” from TikTok Technology Limited, 10 Earlsfort Terrace, Dublin, D02 T380, Ireland (“TikTok”). With the help of cookies (small text files that are stored on the device used), information about surfing behavior on our website is collected in a pseudonymized form, transmitted to TikTok, stored there and evaluated in order to then enable interest-based and personalized product recommendations to be displayed on TikTok. The subject of the information collected and processed pseudonymously is the device ID, the device type, time stamp, the operating system used and the IP address. The information can be assigned to the user using additional information that TikTok has stored about the user, for example due to the ownership of an account on the social network “TikTok”. TikTok can also combine the information collected via the pixel with other information that TikTok has collected via other websites and/or in connection with the use of the social network “TikTok” and thus create pseudonymized usage profiles. Under no circumstances can the information collected be used to personally identify visitors to this website. The TikTok Pixel also allows us to track the effectiveness of advertisements on TikTok. If the user is redirected to pages on this website by an ad on TikTok and the cookies have not yet expired, the pixel records certain user actions predefined by us and can track them (e.g. completed transactions, leads, search queries on the website, views of product pages). When carrying out such an action, your browser sends an HTTP request from the cookie to the TikTok server via the TikTok pixel, which transmits certain information about the action. Through this transmission, TikTok can create statistics about usage behavior on our website after being redirected from a TikTok ad, which we use to optimize our offering. All processing described above, in particular the setting of cookies to read information on the device used, will only be carried out if you have given us your express consent to this in accordance with Article 6 (1) (a) GDPR. Without this consent, the TikTok pixel will not be used during your site visit. You can revoke your consent at any time with future effect. To exercise your revocation, please deactivate this service in the “cookie consent tool” provided on the website. We have concluded an order processing agreement with TikTok for the use of the TikTok Pixel, which obliges TikTok to protect the data of our site visitors and not to pass it on to third parties. TikTok generally transmits collected information outside the European Economic Area and relies on so-called standard data protection clauses of the European Commission, which are intended to ensure compliance with European data protection levels. Further information about TikTok's data protection regulations can be found here:
https://www.tiktok.com/legal/new-privacy-policy?lang=de-DE

10) RIGHTS OF THE AFFECTED PARTY

10.1

The applicable data protection law grants you comprehensive data subject rights (rights of information and rights of intervention) vis-à-vis the person responsible regarding the processing of your personal data, which we will inform you about below:

• Right to information in accordance with Art. 15 GDPR: In particular, you have the right to information about your personal data processed by us, the processing purposes, the categories of personal data processed, the recipients or categories of recipients to whom your data has been or will be disclosed, the planned Storage period or the criteria for determining the storage period, the existence of a right to correction, deletion, restriction of processing, objection to processing, complaint to a supervisory authority, the origin of your data if it was not collected from you by us, that Existence of automated decision-making including profiling and, if necessary, meaningful information about the logic involved and the scope and intended effects of such processing affecting you, as well as your right to be informed about what guarantees exist in accordance with Art. 46 GDPR when your data is forwarded to third countries;
• Right to rectification in accordance with Art. 16 GDPR: You have the right to immediate correction of incorrect data concerning you and/or completion of incomplete data stored by us;
• Right to deletion in accordance with Art. 17 GDPR: You have the right to request the deletion of your personal data if the requirements of Art. 17 Paragraph 1 GDPR are met. However, this right does not apply in particular if the processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
• Right to restriction of processing in accordance with Art. 18 GDPR: You have the right to request the restriction of the processing of your personal data as long as the accuracy of your data that you dispute is checked, if you refuse to delete your data due to unlawful data processing and instead Request restriction of the processing of your data if you need your data to assert, exercise or defend legal claims after we no longer need this data after the purpose has been achieved or if you have lodged an objection for reasons relating to your particular situation as long as it is not yet clear whether our legitimate interests are reasons predominate;
• Right to information in accordance with Art. 19 GDPR: If you have asserted the right to rectification, deletion or restriction of processing against the person responsible, the person responsible is obliged to inform all recipients to whom the personal data concerning you have been disclosed this rectification or deletion of the data or Restriction of processing unless this proves impossible or involves disproportionate effort. You have the right to be informed about these recipients.
• Right to data portability in accordance with Art. 20 GDPR: You have the right to receive the personal data you have provided to us in a structured, common and machine-readable format or to request that it be transmitted to another person responsible, to the extent that this is technically feasible;
• Right to revoke consent given in accordance with Art. 7 Para. 3 GDPR: You have the right to revoke your consent to the processing of data at any time with effect for the future. In the event of revocation, we will delete the data concerned immediately unless further processing can be based on a legal basis for processing without consent. The revocation of consent does not affect the lawfulness of the processing carried out based on the consent before its revocation;
• Right to complain in accordance with Art. 77 GDPR: If you are of the opinion that the processing of personal data concerning you violates the GDPR, you have the right - without prejudice to any other administrative or judicial remedy - to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work or place of the alleged infringement.

10.2 RIGHT TO OBJECT

IF WE PROCESS YOUR PERSONAL DATA AS PART OF A BALANCE OF INTERESTS BASED ON OUR OVERWHELMING LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION.
IF YOU USE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE AFFECTED DATA. HOWEVER, FURTHER PROCESSING IS RESERVED IF WE CAN PROVE COMPLEX REASONS FOR THE PROCESSING THAT ARE DESIGNED TO BE PROTECTED, WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FUNDAMENTAL FREEDOMS, OR IF THE PROCESSING SERVES THE ASSERTMENT, EXERCISE OR DEFENSE OF LEGAL CLAIMS.

IF YOUR PERSONAL DATA IS PROCESSED BY US FOR DIRECT ADVERTISING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH ADVERTISING. YOU MAY EXERCISE YOUR OPT-OUT AS DESCRIBED ABOVE.

IF YOU USE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE AFFECTED DATA FOR DIRECT ADVERTISING PURPOSES.

11) DURATION OF STORAGE OF PERSONAL DATA

The duration of storage of personal data is determined based on the respective legal basis, the purpose of processing and - if relevant - additionally based on the respective legal retention period (e.g. retention periods under commercial and tax law).

When processing personal data on the basis of express consent in accordance with Article 6 (1) (a) GDPR, this data will be stored until the person concerned revokes their consent.

If there are statutory retention periods for data that are processed within the framework of legal or transaction-like obligations on the basis of Art. 6 Para. 1 lit and/or we have no legitimate interest in further storage.

When processing personal data on the basis of Article 6 Paragraph 1 Letter f of the GDPR, this data will be stored until the data subject exercises his or her right to object in accordance with Article 21 Paragraph 1 of the GDPR, unless we can provide compelling legitimate reasons provide evidence for the processing that outweighs the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.

When processing personal data for the purpose of direct advertising on the basis of Article 6 Paragraph 1 Letter f of the GDPR, this data will be stored until the person concerned exercises their right to object in accordance with Article 21 Paragraph 2 of the GDPR.

Unless otherwise stated in the other information in this declaration about specific processing situations, stored personal data will be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.

Your satisfaction is our top priority. That's why we give you a 24-month guarantee on our NYLEA quality goods, so that you are covered in any case. If your product has a defect within this time, please contact us by email at info@nylea.ch and describe the defect in as much detail as possible. Ideally, you should include relevant photos in the attachment.

If the defect is caused by normal use, the repair or replacement is covered by the warranty. A warranty claim is excluded in the event of self-inflicted defects caused by improper use. However, you have the opportunity to take advantage of our old for new offer here.

The guarantee is only granted to consumers, but not to companies, whereby a consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or independent professional activity.

DEADLINE AND SERVICES

The period for calculating the guarantee period of 12 months begins on the invoice date. Our guarantee applies to Germany, Austria and Switzerland. If defects occur in our products during this period, we as guarantor will grant you one of the following services at our discretion as part of the guarantee:

• Free exchange of the goods for an equivalent item (possibly also a successor model if the original goods are no longer available)
• Free repair of the goods

EXCLUSION

Guarantee claims are excluded in the event of damage to the goods caused by:

• misuse or improper handling of the goods, in particular through the creation of stains or tears as well as stitches
• Environmental influences (moisture, extreme cold or heat, overvoltage, etc.), especially damage caused by moisture and water
• Failure to observe any safety precautions
• Failure to follow the operating instructions
• Use of force (e.g. punch, push, fall)
• unauthorized repair attempts

Changes in the color and material of the goods (color, structural changes) are excluded from the guarantee.

CLAIM NAME

In order to make use of the guarantee service, you must enable us to examine the guarantee case by sending in the goods. It is important to ensure that damage to the goods during transport is avoided by using appropriate packaging.

To apply for warranty service, you must enclose a copy of the original invoice with the shipment of goods. We ask for your understanding that we can refuse warranty service without providing this copy of the invoice, as sending the copy of the invoice serves to calculate the warranty period.

If it is a legitimate warranty claim, we will provide the warranty service within 30 days of sending the goods to us.

The freight costs for sending the goods to us and for returning the goods to you are borne by us as part of the warranty provision and will be reimbursed by us as part of the warranty provision.

However, you bear the risk of deterioration or loss during transport of the goods sent in or returned to you by us as part of the guarantee.


Note: Your legal rights against us arising from the purchase contract concluded with us are in no way restricted by this guarantee promise. In particular, any existing statutory warranty rights towards us remain unaffected by this guarantee promise. If the purchased item is defective, you can always contact us within the scope of the statutory warranty, regardless of whether there is a warranty case or the warranty is being used.

Consumers have a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity:

RIGHT OF WITHDRAWAL

You have the right to cancel this contract within sixty days without giving any reason.

The cancellation period is sixty days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.

In order to exercise your right of withdrawal, you must inform us (OF.MAN, email: info@ofman.ch) of your decision to withdraw from this contract by means of a clear statement (email). You can use the attached sample cancellation form, although this is not mandatory.

In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period has expired.

CONSEQUENCES OF CANCELLATION

If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us to be repaid immediately and at the latest within sixty days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than within sixty days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the sixty day period has expired.

You bear the direct costs of returning the goods.

You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.

EXCLUSION OR PREMATURE EXPIRATION OF THE RIGHT OF CANCELLATION

The right of withdrawal expires prematurely for contracts for the delivery of goods that are not suitable for return for reasons of health protection or hygiene.

GENERAL INFORMATION

1) Please avoid damage and contamination of the goods. Please send the goods back to us in the original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure adequate protection against transport damage with suitable packaging.
2) Please do not send the goods back to us carriage paid.
3) Please note that the aforementioned numbers 1-2 are not a prerequisite for the effective exercise of the right of withdrawal.

SAMPLE CANCELLATION FORM

(If you want to cancel the contract, please fill out this form and send it back.)

At:
NYLEA Online Shopping EU.

Email: info@nylea.ch I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)

__________________
Ordered on (*) / received on (*)

__________________

Name of the consumer(s)

__________________

Address of the consumer(s)

__________________

Signature of the consumer(s) (only for paper notification)

__________________

Date

__________________

(*) Delete what is not applicable.

We are pleased that you would like to get in touch with us.

✉️ info@nylea.ch
Mon - Sat | 9:00 a.m. - 6:00 p.m
📲📞 +41 55 25 89 39