General Terms and Conditions of lockenkopf GmbH
- Scope of Application
These General Terms and Conditions (GTC) apply to all orders placed by customers residing in Switzerland or the Principality of Liechtenstein through the online store of lockenkopf GmbH, Ägeristrasse 116, 6300 Zug, shop@lockenkopf.ch www.lockenkopf.ch (hereinafter referred to as “lockenkopf.ch”) place. Lockenkopf.ch provides all services exclusively on the basis of these General Terms and Conditions. By placing an order, the customer expressly agrees to these GTC. These GTC constitute an integral part of the contract between the customer and lockenkopf.ch.
- Information on the Website/Offer/Prices
2.1 lockenkopf.ch strives to provide product information that is as complete and accurate as possible (e.g., ingredients, weight, packaging images, product features, etc.). Some of the information on www.lockenkopf.ch is obtained directly from the manufacturers and is compiled by lockenkopf.ch in a clear and customer-friendly manner for customers. However, customers are strongly advised to review the specific information provided in the package insert or in the product information on the manufacturer’s website. The latter takes precedence over the information provided by lockenkopf.ch.
2.2 All information on www.lockenkopf.ch is provided “as is,” and we disclaim all liability. To the fullest extent permitted by law, Lockenkopf.ch specifically excludes any warranty or liability regarding the accuracy, completeness, and timeliness of the information on the website.
2.3 We reserve the right to change prices and product offerings at any time. Product images and illustrations are not color-accurate and may differ from the actual product. Technical designations of the delivered products may differ from the manufacturer’s designations or the information listed on the Internet.
2.4 Current prices are published online at www.lockenkopf.ch.
2.5 Prices are binding on both parties at the time the order is placed. However, in the event of errors or inaccuracies in the price listing, lockenkopf.ch reserves the right to make subsequent price changes. In this case, the customer will be notified and is not obligated to accept the products affected by the price change.
2.6 All prices are in Swiss francs (CHF) and, unless otherwise noted, include the applicable value-added tax.
2.7 In addition to the listed prices, shipping charges apply, as specified on the “Shipping” page, depending on the shipping method (A or B Mail).
- Ordering/Delivery
3.1 An order becomes binding for the customer when, at the end of the ordering process, the customer confirms the order on the page displaying the order summary by clicking the “Place Order” button.
3.2 After completing the order, the customer will receive a confirmation of receipt via email at the email address provided. This confirmation of receipt does not constitute a definitive acceptance of the order. Until the order is shipped, lockenkopf.ch reserves the right to reject the order in whole or in part or to reduce the order quantity. In this case, no contract will be formed, or only a contract for the reduced order quantity will be formed, unless the customer immediately notifies lockenkopf.ch that they are not interested in the reduced order quantity.
3.3 Unavailable Items
If an ordered item is unavailable due to a stock discrepancy contrary to what is shown in the online store, lockenkopf.ch reserves the right to cancel the affected item from the order. Any payments already made for the unavailable item will be refunded via the original payment method. The remaining available items in the order will be shipped without delay. There will be no automatic replacement with another item.
3.4 lockenkopf.ch reserves the right, in particular, to reject an order if there is a legal dispute with the customer, especially in connection with unpaid amounts from previous orders placed with lockenkopf.ch, or if other invoices due for payment from the same person or a person living in the same household remain outstanding.
3.5 The customer is responsible for providing a complete and accurate shipping address. The customer is required to carefully review the shipping address before completing the order.
3.6 If the customer provides an incorrect, incomplete, or undeliverable shipping address, lockenkopf.ch cannot be held responsible for any resulting delivery delays, returns, or undelivered orders. In this case, lockenkopf.ch may refrain from delivering the product without this giving rise to any claims for compensation or damages against lockenkopf.ch.
3.7 If a package is returned to lockenkopf.ch due to incorrect, incomplete, or undeliverable address information, the customer may request redelivery. A shipping fee of CHF 7.00 will be charged for redelivery via Swiss PostPac Economy. In addition, the customer must cover the return shipping costs incurred by Swiss Post, which are typically CHF 7.50. These costs will be billed to the customer before the package is reshipped.
3.8 If the customer cancels the purchase after returning the item by mail, a refund will be issued for the value of the merchandise, minus any postage, shipping, and return costs already incurred.
3.9 lockenkopf.ch ships merchandise and gift certificates exclusively to those countries that can be selected as delivery destinations in the online store during the ordering process. Shipments to P.O. box addresses are not permitted.
- Delivery and Delivery Timeframe
4.1 lockenkopf.ch maintains a stock of products. According to its shipping policy, lockenkopf.ch ships products on the day the order is placed, provided the order is placed by 3:00 p.m. (Excluding orders placed on weekends, which are shipped on the next business day.)
4.2 For goods that cannot be shipped from stock, the delivery date may be further delayed depending on the manufacturer.
4.3 lockenkopf.ch can only be held liable for delivery delays and their consequences to the extent that they were caused by a grossly negligent or intentional breach of contract by lockenkopf.ch. lockenkopf.ch assumes no liability for any other delivery delays and their consequences, including delays caused by the postal service, lockenkopf.ch’s suppliers, or third parties.
4.4 lockenkopf.ch does not ship to P.O. box addresses and does not deliver goods to minors or individuals under legal guardianship without the written consent of their legal representative.
4.5 lockenkopf is not responsible for the recipients' mailboxes.
- Products Delivered in Error
Items delivered in error or in excess must be returned immediately in their original packaging, no later than 7 days after delivery. Any items not returned within this period will be billed. lockenkopf.ch will cover the cost of returning the incorrectly shipped goods. The return shipping costs will be reimbursed to the customer in advance.
- Gift Certificates
A maximum of one gift certificate or discount code may be redeemed per order. At the end of the checkout process, enter the gift certificate code in the field provided. The corresponding amount will be deducted directly from the current order. Discount codes must be redeemed before the order is completed. Retroactive credit or refunds for orders that have already been completed are not permitted. Gift certificates that exceed the order total cannot be refunded.
- Shipping Costs
When placing an order, the customer can choose between A-Mail and B-Mail shipping. The shipping costs to be paid by the customer are CHF 7.00 per shipment (including VAT) for B-Mail (PostPac Economy) and CHF 9.00 for A-Mail (PostPac Priority). (Prices according to Swiss Post; additional rates can be found on the “Shipping Costs” page)
- Disclaimer of Warranty and Liability
8.1 lockenkopf.ch guarantees that the products are undamaged at the time of shipment. Products that were damaged during shipping will be repaired or replaced at lockenkopf.ch’s discretion, provided that the customer notifies lockenkopf.ch of the defect via email within 7 days of receiving the goods. If lockenkopf.ch so requests, the customer must also promptly return the delivered products in their original packaging to lockenkopf.ch; lockenkopf.ch will cover the shipping costs for this return.
8.2 Furthermore, lockenkopf.ch is liable to the customer for damages if and to the extent that such liability on the part of lockenkopf.ch is mandated by the Product Liability Act.
8.3 Any further warranty for the delivered products and any liability for damages caused by these products is excluded, unless lockenkopf.ch has fraudulently concealed the product defects in question. However, if lockenkopf.ch is able to assert further warranty claims against its suppliers for the product in question, lockenkopf.ch will
To the extent possible, assign claims to the customer upon the customer’s request. However, lockenkopf.ch assumes no responsibility for whether these claims can be successfully enforced. The same applies to any claims that lockenkopf.ch may assert against Swiss Post for damages incurred during transport.
8.4 In particular, lockenkopf.ch does not guarantee that the products are suitable for the customer’s intended use or that they will produce a specific result. Furthermore, the warranty does not cover damage for which the buyer is responsible, e.g., as a result of improper use of the product, or damage caused by external factors for which the seller is not responsible, such as damage that occurred during transport.
- Right of Withdrawal/Return Policy
9.1 Customers have the right to return the merchandise within 14 days of delivery. This right may be exercised by returning the unopened merchandise; no reason is required. The return must be sent to:
lockenkopf GmbH
Returns
Aegeristrasse 116
6300 Zug
be sent.
9.2 Exercising the right of return results in the conversion of the sales contract into a contract for rescission, under which the benefits received under the sales contract must be returned. The customer is responsible for the costs of returning the goods.
9.3 Upon receipt and inspection of the returned merchandise, the purchase price already paid will generally be credited to the customer’s personal account with lockenkopf in the form of a credit note.
This credit may be used exclusively for future orders in the lockenkopf online store.
A refund to the original payment method will only be issued at the customer’s express request, which must be communicated at the time the merchandise is returned.
Once the credit has been posted to the customer’s account, the refund method cannot be changed retroactively.
9.4 We reserve the right to deduct from the refundable purchase price or to issue an invoice for any damage or excessive wear and tear to the goods. No deduction will be made if the loss in value is attributable to handling of the goods necessary to determine their nature, quality, and functionality. lockenkopf.ch may withhold the refund until it has received the goods back or until the customer has provided proof that the goods have been returned, whichever occurs first.
9.5 lockenkopf.ch guarantees that the products are undamaged at the time of shipment. Products that were damaged during shipping will be repaired or replaced at lockenkopf.ch’s discretion, provided that the customer notifies lockenkopf.ch of the defect via email within 14 days of receiving the goods. If lockenkopf.ch so requests, the customer must also promptly return the delivered products in their original packaging to lockenkopf.ch; lockenkopf.ch will cover the shipping costs for this return.
Any further warranty for the delivered products and any liability for damages caused by these products is excluded, unless lockenkopf.ch has fraudulently concealed the relevant product defects. However, if lockenkopf.ch is able to assert further warranty claims against its suppliers for the product in question, lockenkopf.ch will, to the extent possible, assign these claims to the customer upon the customer’s request. lockenkopf.ch assumes no responsibility, however, for the successful enforcement of these claims. The same applies to any claims that lockenkopf.ch may assert against the postal service for damages incurred during transport.
In particular, lockenkopf.ch does not guarantee that the products are suitable for the customer’s intended use or that they will produce a specific result.
9.6. Returned products or packages will only be accepted accepted if they are in proper condition—that is, unused, unopened, undamaged, and in their original packaging .
- Payment Methods, Billing, and Collection
10.1 lockenkopf.ch accepts all major credit cards, PayPal, and orders on account.
10.2 For orders paid by invoice: You will receive the invoice free of charge via email. By choosing to pay by invoice, you agree to the PowerPay Terms and Conditions, provided you have a valid email address.
10.3 lockenkopf.ch partners with the MF Group/Powerpay for the "Invoice Option." This means that lockenkopf GmbH assigns all receivables to the MF Group.
10.4 Purchase on Account with Installment Option (POWERPAY)
MF Group / POWERPAY, as an external payment service provider, offers the “Purchase on Account” payment method. With the individual invoice, you can easily pay for your online purchase by invoice. If you do not make a payment within the specified time frame, you will receive a monthly invoice with an order summary the following month.
Upon conclusion of the purchase agreement, POWERPAY assumes the resulting invoice receivable and handles the corresponding payment arrangements. When purchasing on account, you agree to POWERPAY’s Terms and Conditions in addition to our own. (powerpay.ch/de/agb).
11. Privacy Policy
11.1 lockenkopf.ch uses the data entrusted to it with respect for its customers (hereinafter referred to as “the customer”). Customer data will not be sold, rented, loaned, or disclosed to third parties.
11.2 Under “My Account,” the customer can change their personal information at any time.
Privacy Policy
This Privacy Policy explains the nature, scope, and purpose of the processing of personal data (hereinafter referred to as “Data”) within our online offering and its associated websites, features, and content, as well as external online presences, such as our social media profiles (hereinafter collectively referred to as the “online service”). With regard to the terms used, such as “processing” or “controller,” we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).
Person in Charge
Rosa Maria Gonzalez, lockenhopf GmbH
Aegeristrasse 116
6300 Zug, Switzerland
Email address: rosamaria@lockenkopf.ch
Managing Director/Owner: Rosa Maria Gonzalez
Types of data processed:
- Master data (e.g., names, addresses).
- Contact data (e.g., email, phone numbers).
- Content data (e.g., text entries, photographs, videos).
- Usage data (e.g., websites visited, interest in content, access times).
- Meta/communication data (e.g., device information, IP addresses).
Categories of Data Subjects
Visitors and users of the online service (hereinafter, we collectively refer to these individuals as “users”).
Purpose of Processing
- Providing the online service, its features, and content.
- Responding to contact requests and communicating with users.
- Security measures.
- Audience measurement/marketing
Terminology Used
“Personal data” means any information relating to an identified or identifiable natural person (hereinafter referred to as the “data subject”); a natural person is considered identifiable if they can be identified, directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, an online identifier (e.g., a cookie) or one or more specific characteristics that reflect the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
“Processing” means any operation or set of operations performed on personal data, whether or not by automated means. The term is broad and encompasses virtually any handling of data.
“Pseudonymization” means the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that this additional information is kept separately and is subject to technical and organizational measures that ensure the personal data is not attributed to an identified or identifiable natural person.
“Profiling” means any form of automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyze or predict aspects concerning that natural person’s work performance, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements of that natural person.
“Controller” means the natural or legal person, public authority, agency, or other body that, alone or jointly with others, determines the purposes and means of the processing of personal data.
“Processor” means a natural or legal person, public authority, agency, or other body that processes personal data on behalf of the controller.
Relevant Legal Bases
In accordance with Article 13 of the GDPR, we are providing you with the legal bases for our data processing activities. If the legal basis is not specified in the Privacy Policy, the following applies: The legal basis for obtaining consent is Article 6(1)(a) and Article 7 of the GDPR; the legal basis for processing to fulfill our services, carry out contractual obligations, and respond to inquiries is Article 6(1)(b) of the GDPR; the legal basis for processing to fulfill our legal obligations is Article 6(1)(c) of the GDPR, and the legal basis for processing to protect our legitimate interests is Article 6(1)(f) of the GDPR. In the event that the vital interests of the data subject or another natural person require the processing of personal data, Article 6(1)(d) of the GDPR serves as the legal basis.
Safety Measures
In accordance with Article 32 of the GDPR, we implement appropriate technical and organizational measures, taking into account the state of the art, the costs of implementation, and the nature, scope, circumstances, and purposes of the processing, as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons, to ensure a level of security appropriate to the risk.
These measures include, in particular, ensuring the confidentiality, integrity, and availability of data by controlling physical access to the data, as well as access to, input of, and disclosure of the data, ensuring its availability, and maintaining its separation. Furthermore, we have established procedures that ensure the exercise of data subjects’ rights, the erasure of data, and a response to data breaches. Furthermore, we take the protection of personal data into account from the very beginning of the development and selection of hardware, software, and procedures, in accordance with the principle of data protection through technology design and privacy-friendly default settings (Art. 25 GDPR).
Collaboration with Data Processors and Third Parties
If, in the course of our data processing, we disclose data to other individuals or companies (processors or third parties), transfer it to them, or otherwise grant them access to the data, this is done only on the basis of legal authorization (e.g., if the transfer of data to third parties, such as to payment service providers, is necessary for the performance of a contract pursuant to Article 6(1)(b) of the GDPR), you have given your consent, a legal obligation requires it, or based on our legitimate interests (e.g., when using agents, web hosts, etc.).
If we engage third parties to process data on the basis of a so-called “Data Processing Agreement,” this is done in accordance with Article 28 of the GDPR.
Transfers to Third Countries
If we process data in a third country (i.e., outside the European Union (EU) or the European Economic Area (EEA)), or if this occurs in connection with the use of third-party services, disclosure, or transfer of data to third parties, this occurs only if it is necessary to fulfill our (pre)contractual obligations, based on your consent, due to a legal obligation, or based on our legitimate interests. Subject to statutory or contractual permissions, we process data in a third country—or have it processed there—only if the specific requirements of Articles 44 et seq. of the GDPR are met. This means that processing takes place, for example, on the basis of specific safeguards, such as an officially recognized determination that a country provides a level of data protection equivalent to that of the EU (e.g., for the U.S. through the “Privacy Shield”) or compliance with officially recognized specific contractual obligations (so-called “Standard Contractual Clauses”).
Rights of Data Subjects
You have the right to request confirmation as to whether data concerning you is being processed, as well as access to such data, further information, and a copy of the data in accordance with Article 15 of the GDPR.
Pursuant to Article 16 of the GDPR, you have the right to request that data concerning you be completed or that inaccurate data concerning you be corrected.
Pursuant to Article 17 of the GDPR, you have the right to request that the relevant data be erased without delay; alternatively, pursuant to Article 18 of the GDPR, you have the right to request a restriction on the processing of the data.
You have the right to request, in accordance with Article 20 of the GDPR, to receive the data concerning you that you have provided to us and to request that it be transmitted to other data controllers.
You also have the right, pursuant to Article 77 of the GDPR, to lodge a complaint with the competent supervisory authority.
Right of Withdrawal
You have the right to withdraw any consent you have given, in accordance with Article 7(3) of the GDPR, with future effect.
Right to Object
You may object at any time to the future processing of your personal data in accordance with Article 21 of the GDPR. In particular, you may object to processing for direct marketing purposes.
Cookies and the Right to Object to Direct Marketing
“Cookies” are small files that are stored on users’ computers. Various types of information can be stored in cookies. A cookie is primarily used to store information about a user (or the device on which the cookie is stored) during or after their visit to a website. Temporary cookies—also known as “session cookies” or “transient cookies”—are cookies that are deleted after a user leaves an online service and closes their browser. Such a cookie can, for example, store the contents of a shopping cart in an online store or a login status. Cookies that remain stored even after the browser is closed are referred to as “permanent” or “persistent.” For example, a user’s login status may be stored so that it remains active when the user returns to the site several days later. Such cookies may also store users’ interests, which are used for audience measurement or marketing purposes. “Third-party cookies” are cookies provided by parties other than the controller operating the online service (in contrast, when only the controller’s own cookies are used, they are referred to as “first-party cookies”).
We may use temporary and permanent cookies and provide information about this in our Privacy Policy.
If users do not wish to have cookies stored on their computers, they are asked to disable the corresponding option in their browser’s settings. Stored cookies can be deleted in the browser’s settings. Disabling cookies may result in limited functionality of this website.
A general objection to the use of cookies for online marketing purposes can be submitted for a wide range of services—particularly in the case of tracking—via the U.S. websitehttp://www.aboutads.info/choices/ orthe EU websitehttp://www.youronlinechoices.com/erklärt. Furthermore, you can prevent cookies from being stored by disabling them in your browser settings. Please note that, in this case, you may not be able to use all features of this online service.
Deletion of Data
The data we process will be deleted or its processing restricted in accordance with Articles 17 and 18 of the GDPR. Unless expressly stated in this Privacy Policy, the data we store will be deleted as soon as it is no longer necessary for its intended purpose and no legal retention obligations prevent its deletion. If the data is not deleted because it is required for other legally permissible purposes, its processing will be restricted. This means the data will be blocked and not processed for any other purposes. This applies, for example, to data that must be retained for commercial or tax law reasons.
In accordance with legal requirements in Germany, data is retained for a period of 10 years in particular, pursuant to Sections 147(1) of the German Fiscal Code (AO), 257(1)(1) and (4), (4) of the German Commercial Code (HGB) (books, records, management reports, accounting documents, trading ledgers, documents relevant for taxation, etc.) and for 6 years in accordance with Section 257(1)(2) and (3), (4) of the German Commercial Code (HGB) (business correspondence).
In accordance with statutory requirements in Austria, records must be retained for 7 years pursuant to Section 132(1) of the Austrian Federal Tax Code (BAO) (accounting records, receipts/invoices, accounts, supporting documents, business papers, statements of income and expenses, etc.), for 22 years in connection with real estate, and for 10 years for documents related to electronically provided services, telecommunications, radio, and television services provided to non-business customers in EU member states for which the Mini One-Stop Shop (MOSS) is utilized.
Order Processing in the Online Store and Customer Account
We process our customers’ data as part of the ordering process in our online store to enable them to select and order the products and services of their choice, as well as to facilitate payment, delivery, and fulfillment.
The data processed includes inventory data, communication data, contract data, and payment data; the individuals affected by this processing include our customers, prospective customers, and other business partners. The processing is carried out for the purpose of providing contractual services in connection with the operation of an online store, billing, delivery, and customer service. In doing so, we use session cookies to store the contents of the shopping cart and persistent cookies to store the login status.
The processing is based on Article 6(1)(b) (execution of order processes) and (c) (legally required archiving) of the GDPR. The information marked as required is necessary for the establishment and performance of the contract. We disclose the data to third parties only in connection with delivery, payment, or within the scope of legal permissions and obligations toward legal advisors and authorities. The data is processed in third countries only if this is necessary for the fulfillment of the contract (e.g., at the customer’s request for delivery or payment).
Users may optionally create a user account, which allows them, in particular, to view their orders. During registration, users are informed of the required mandatory information. User accounts are not public and cannot be indexed by search engines. Once users have closed their user accounts, their data associated with the account will be deleted, unless retention is necessary for commercial or tax law reasons in accordance with Art. 6(1)(c) of the GDPR. Information in the customer account remains until the account is deleted, after which it is archived if required by law. It is the users’ responsibility to back up their data upon cancellation before the end of the contract term.
As part of the registration process, subsequent logins, and the use of our online services, we store the IP address and the time of each user action. This storage is based on our legitimate interests, as well as the users’ interest in protection against misuse and other unauthorized use. This data is generally not disclosed to third parties, unless it is necessary to pursue our claims or there is a legal obligation to do so pursuant to Art. 6(1)(c) of the GDPR.
The data is deleted upon expiration of statutory warranty obligations and comparable obligations; the necessity of retaining the data is reviewed every three years; in the case of statutory archiving obligations, the data will be deleted upon their expiration (end of commercial law (6 years) and tax law (10 years) retention obligations).
External Payment Service Providers
We use external payment service providers whose platforms allow users and us to process payment transactions (e.g., each with a link to its privacy policy: PayPal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full), Klarna (https://www.klarna.com/de/datenschutz/), Skrill (https://www.skrill.com/de/fusszeile/datenschutzrichtlinie/), Giropay (https://www.giropay.de/rechtliches/datenschutz-agb/), Visa (https://www.visa.de/datenschutz), Mastercard (https://www.mastercard.de/de-de/datenschutz.html), American Express (https://www.americanexpress.com/de/content/privacy-policy-statement.html)
In the context of fulfilling contracts, we use these payment service providers on the basis of Article 6(1)(b) of the GDPR. In addition, we use external payment service providers based on our legitimate interests pursuant to Article 6(1)(f) of the GDPR to offer our users effective and secure payment options.
The data processed by the payment service providers includes personal information, such as name and address; banking information, such as account numbers or credit card numbers; passwords, TANs, and checksums; as well as details related to the contract, transaction amounts, and recipients. This information is required to process the transactions. However, the data entered is processed and stored solely by the payment service providers. This means we do not receive any account- or credit card-related information, but only information confirming or rejecting the payment. Under certain circumstances, the payment service providers may transmit the data to credit bureaus. The purpose of this transmission is to verify identity and creditworthiness. For more information on this, please refer to the terms and conditions and privacy policies of the payment service providers.
Payment transactions are governed by the terms and conditions and privacy policies of the respective payment service providers, which are available on their respective websites or within the transaction applications. We also refer you to these documents for further information and to exercise your rights of withdrawal, access, and other data subject rights.
Administration, Financial Accounting, Office Organization, Contact Management
We process data in connection with administrative tasks, the organization of our operations, financial accounting, and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in connection with the provision of our contractual services. The legal bases for processing are Article 6(1)(c) of the GDPR and Article 6(1)(f) of the GDPR. This processing affects customers, prospective customers, business partners, and website visitors. The purpose and our interest in the processing lie in administration, financial accounting, office organization, and data archiving—that is, tasks that serve to maintain our business operations, fulfill our responsibilities, and provide our services. The deletion of data relating to contractual services and contractual communication is in accordance with the information provided regarding these processing activities.
In this context, we disclose or transfer data to tax authorities, advisors (such as tax consultants or auditors), as well as other fee-collecting agencies and payment service providers.
Furthermore, based on our business interests, we store information about suppliers, event organizers, and other business partners, e.g., for the purpose of contacting them at a later date. We generally store this data, which is predominantly company-related, on a permanent basis.
Registration Function
Users can create a user account. During registration, users are informed of the required information, which is processed in accordance with Article 6(1)(b) of the GDPR for the purpose of providing the user account. The data processed includes, in particular, login information (name, password, and an email address). The data entered during registration is used for the purposes of using the user account and fulfilling its intended function.
Users may be notified via email about information relevant to their user account, such as technical changes. If users have terminated their user account, their data related to the user account will be deleted, subject to any statutory retention requirements. It is the users’ responsibility to back up their data prior to termination before the end of the contract. We are entitled to irrevocably delete all user data stored during the term of the contract.
When users utilize our registration and login functions, as well as when using their user account, we store the IP address and the time of the respective user action. This storage is based on our legitimate interests, as well as the users’ interest in protection against misuse and other unauthorized use. This data is generally not disclosed to third parties, unless it is necessary to pursue our claims or there is a legal obligation to do so pursuant to Art. 6(1)(c) of the GDPR. IP addresses are anonymized or deleted after 7 days at the latest.
Comments and Posts
When users leave comments or other posts, their IP addresses may be stored for 7 days based on our legitimate interests within the meaning of Article 6(1)(f) of the GDPR. This is done for our protection in case someone posts illegal content in comments or posts (insults, prohibited political propaganda, etc.). In such cases, we ourselves could be held liable for the comment or post and are therefore interested in the author’s identity.
Furthermore, based on our legitimate interests pursuant to Article 6(1)(f) of the GDPR, we reserve the right to process users’ data for the purpose of spam detection.
On the same legal basis, we reserve the right, in the case of surveys, to store users’ IP addresses for the duration of the survey and to use cookies to prevent multiple votes.
The data provided in comments and posts will be stored permanently by us until the user objects.
Contact Us
When users contact us (e.g., via the contact form, email, phone, or social media), their information is processed to handle the contact request and its follow-up in accordance with Art. 6(1)(b) (in the context of contractual or pre-contractual relationships) and Article 6(1)(f) (other inquiries) of the GDPR. User information may be stored in a customer relationship management system (“CRM system”) or a comparable inquiry management system.
We delete the inquiries once they are no longer necessary. We review their necessity every two years; furthermore, statutory archiving requirements apply.
Newsletter
The following information explains the content of our newsletter, as well as the procedures for subscription, distribution, and statistical analysis, and your rights to object. By subscribing to our newsletter, you agree to receive it and to the procedures described herein.
Newsletter Content: We send newsletters, emails, and other electronic notifications containing promotional information (hereinafter “newsletters”) only with the recipients’ consent or when permitted by law. If the newsletter’s content is specifically described during the subscription process, that description is decisive for the user’s consent. In addition, our newsletters contain information about our services and our company.
Double-opt-in and logging: Subscription to our newsletter is carried out via a so-called double-opt-in process. This means that after signing up, you will receive an email asking you to confirm your subscription. This confirmation is necessary to ensure that no one can subscribe using someone else’s email address. Newsletter subscriptions are logged to provide proof of the subscription process in accordance with legal requirements. This includes storing the time of subscription and confirmation, as well as the IP address. Changes to your data stored with the email service provider are also logged.
Subscription Information: To subscribe to the newsletter, simply provide your email address. Optionally, we ask you to provide a name so that we can address you personally in the newsletter.
The distribution of the newsletter and the associated performance measurement are based on the recipients’ consent pursuant to Art. 6(1)(a), Article 7 of the GDPR in conjunction with Section 7(2)(3) of the UWG; or, if consent is not required, based on our legitimate interests in direct marketing pursuant to Article 6(1)(f) GDPR in conjunction with § 7(3) UWG.
The registration process is logged based on our legitimate interests pursuant to Art. 6(1)(f) GDPR. Our interest is focused on using a user-friendly and secure newsletter system that both serves our business interests and meets users’ expectations, while also allowing us to provide proof of consent.
Cancellation/Withdrawal—You may cancel your subscription to our newsletter at any time, i.e., withdraw your consent. A link to unsubscribe from the newsletter can be found at the end of each newsletter. We may store unsubscribed email addresses for up to three years based on our legitimate interests before deleting them, in order to be able to provide evidence of consent that was previously given. The processing of this data is limited to the purpose of potentially defending against claims. An individual request for deletion is possible at any time, provided that the prior existence of consent is confirmed at the same time.
Newsletter - Mailchimp
Newsletters are sent via the mailing service provider “MailChimp,” a newsletter distribution platform operated by the U.S. company Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. You can view the mailing service provider’s privacy policy here:https://mailchimp.com/legal/privacy/. The Rocket Science Group LLC, doing business as MailChimp, is certified under the Privacy Shield Framework and thereby guarantees compliance with European data protection standards (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active). The mailing service provider is engaged on the basis of our legitimate interests pursuant to Art. 6(1)(f) of the GDPR and a data processing agreement pursuant to Art. 28(3), sentence 1 of the GDPR.
The shipping service provider may use the recipients’ data in pseudonymized form—i.e., without linking it to a specific user—to optimize or improve its own services, e.g., for the technical optimization of newsletter delivery and presentation, or for statistical purposes. However, the mailing service provider does not use the data of our newsletter recipients to contact them directly or to disclose the data to third parties.
Newsletter - Measuring Success
The newsletters contain a so-called “web beacon,” that is, a pixel-sized file that is retrieved from our server—or, if we use a mailing service provider, from that provider’s server—when the newsletter is opened. As part of this retrieval, technical information—such as details about your browser and system—as well as your IP address and the time of retrieval are initially collected.
This information is used to improve our services technically based on the technical data, or to analyze target groups and their reading behavior based on their access locations (which can be determined using the IP address) or access times. The statistical analysis also includes determining whether the newsletters are opened, when they are opened, and which links are clicked. Although this information can be attributed to individual newsletter recipients for technical reasons, However, it is neither our intention nor—if used—that of the mailing service provider to monitor individual users. Rather, the analyses help us identify our users’ reading habits and tailor our content accordingly, or send different content based on our users’ interests.
Unfortunately, it is not possible to opt out of performance tracking separately; in this case, the entire newsletter subscription must be canceled.
Google Analytics
Based on our legitimate interests (i.e., our interest in analyzing, optimizing, and ensuring the economic operation of our online service within the meaning of Article 6(1)(f) of the GDPR), we use Google Analytics, a web analytics service provided by Google LLC (“Google”). Google uses cookies. The information generated by the cookie regarding users’ use of the online service is generally transmitted to a Google server in the United States and stored there.
Google is certified under the Privacy Shield Framework and thereby guarantees compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf to evaluate how users use our online service, to compile reports on activity within this online service, and to provide us with other services related to the use of this online service and Internet usage. In doing so, pseudonymous user profiles may be created from the processed data.
We use Google Analytics only with IP anonymization enabled. This means that users’ IP addresses are truncated by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the United States and truncated there.
The IP address transmitted by the user’s browser is not merged with other data held by Google. Users can prevent the storage of cookies by adjusting their browser settings accordingly; users can also prevent Google from collecting the data generated by the cookie and related to their use of the online service, as well as from processing this data by Google, by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de.
For more information on Google’s use of data, as well as options for settings and opting out, please refer to Google’s Privacy Policy (https://policies.google.com/technologies/ads) as well as in the settings for the display of ads by Google(https://adssettings.google.com/authenticated).
Users’ personal data is deleted or anonymized after 14 months.
Google AdWords and Conversion Tracking
Based on our legitimate interests (i.e., our interest in analyzing, optimizing, and ensuring the economic operation of our online services within the meaning of Article 6(1)(f) of the GDPR), we use the services of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, (“Google”).
Google is certified under the Privacy Shield Framework and thereby guarantees compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
We use Google’s “AdWords” online marketing service to place ads on the Google Display Network (e.g., in search results, in videos, on websites, etc.) so that they are shown to users who are likely to be interested in the ads. This allows us to display ads for and within our online offering in a more targeted manner, so that users are shown only ads that potentially match their interests. For example, if a user is shown ads for products they have previously shown interest in on other websites, this is referred to as “remarketing.” For these purposes, when our website or other websites where the Google Display Network is active are accessed, a Google code is executed directly by Google, and so-called (re)marketing tags (invisible graphics or code, also known as “web beacons”) are embedded in the website. With their help, an individual cookie—that is, a small file—is stored on the user’s device (comparable technologies may also be used instead of cookies). This file records which websites the user has visited, what content the user is interested in, and which offers the user has clicked on, as well as technical information about the browser and operating system, referring websites, time of visit, and other details regarding the use of the online service.
We also receive an individual “conversion cookie.” Google uses the information collected via this cookie to generate conversion statistics for us. However, we only receive the anonymous total number of users who clicked on our ad and were redirected to a page tagged with a conversion tracking tag. We do not receive any information that could be used to personally identify users.
User data is processed pseudonymously within the Google advertising network. This means that Google does not, for example, store or process users’ names or email addresses, but rather processes the relevant data on a cookie-by-cookie basis within pseudonymous user profiles. This means that, from Google’s perspective, ads are not managed and displayed for a specifically identified individual, but rather for the cookie holder, regardless of who that cookie holder is. This does not apply if a user has expressly permitted Google to process the data without this pseudonymization. The information collected about users is transmitted to Google and stored on Google’s servers in the United States.
For more information on Google’s use of data, as well as options for settings and opting out, please refer to Google’s Privacy Policy (https://policies.google.com/technologies/ads) as well as in the settings for the display of ads by Google(https://adssettings.google.com/authenticated).
Facebook Pixel, Custom Audiences, and Facebook Conversion
Within our online service, based on our legitimate interests in the analysis, optimization, and efficient operation of our online service, and for these purposes, we use the so-called "Facebook Pixel" from the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or—if you are located in the EU—Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”).
Facebook is certified under the Privacy Shield Framework and thereby guarantees compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
With the help of the Facebook Pixel, Facebook is able, on the one hand, to identify visitors to our website as a target audience for displaying ads (so-called “Facebook Ads”). Accordingly, we use the Facebook Pixel to display the Facebook Ads we place only to those Facebook users who have shown an interest in our online offering or who exhibit certain characteristics (e.g., interests in specific topics or products, determined based on the webpages visited), which we transmit to Facebook (so-called “Custom Audiences”). We also use the Facebook Pixel to ensure that our Facebook Ads align with users’ potential interests and do not come across as intrusive. Furthermore, using the Facebook Pixel, we can track the effectiveness of Facebook ads for statistical and market research purposes by seeing whether users were redirected to our website after clicking on a Facebook ad (so-called “conversion”).
Facebook processes this data in accordance with its Data Use Policy. General information regarding the display of Facebook ads can be found in Facebook’s Data Use Policy:https://www.facebook.com/policy. Specific information and details about the Facebook Pixel and how it works can be found in Facebook’s Help Center:https://www.facebook.com/business/help/651294705016616.
You can object to the collection of data by the Facebook Pixel and the use of your data for the display of Facebook ads. To control the types of ads displayed to you on Facebook, visit the page set up by Facebook and follow the instructions for usage-based ad settings:https://www.facebook.com/settings?tab=ads. These settings apply across all platforms, meaning they are applied to all devices, such as desktop computers or mobile devices.
You can also opt out of cookies used for audience measurement and advertising purposes via the Network Advertising Initiative’s opt-out page (http://optout.networkadvertising.org/) and the U.S. website (http://www.aboutads.info/choices) or the European website (http://www.youronlinechoices.com/uk/your-ad-choices/).
Social Media Presence
We maintain an online presence on social networks and platforms to communicate with customers, prospective customers, and users who are active there and to inform them about our services.
Please note that this may involve the processing of user data outside the European Union. This may pose risks to users, as it could, for example, make it more difficult to enforce their rights. With regard to U.S. providers certified under the Privacy Shield, we note that they thereby commit to complying with EU data protection standards.
Furthermore, user data is generally processed for market research and advertising purposes. For example, usage profiles may be created based on users’ behavior and the resulting interests. These user profiles can in turn be used, for example, to display advertisements both within and outside the platforms that are presumed to correspond to users’ interests. For these purposes, cookies are generally stored on users’ computers, in which users’ usage behavior and interests are recorded. Furthermore, data may also be stored in the usage profiles regardless of the devices used by users (particularly if users are members of the respective platforms and are logged in to them).
The processing of users’ personal data is based on our legitimate interests in effectively informing users and communicating with them in accordance with Article 6(1)(f) of the GDPR. If users are asked by the respective providers to consent to data processing (i.e., to give their consent, for example, by checking a box or clicking a confirmation button), the legal basis for the processing is Art. 6(1)(a) and Article 7 of the GDPR.
For a detailed description of the respective processing activities and the options for objecting (opt-out), please refer to the information provided by the providers via the links below.
We also note that requests for information and the exercise of user rights can most effectively be addressed directly with the providers. Only the providers have access to user data and can directly take appropriate measures and provide information. If you still need assistance, please contact us.
- Facebook (Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) - Privacy Policy:https://www.facebook.com/about/privacy/, Opt-Out:https://www.facebook.com/settings?tab=adsundhttp://www.youronlinechoices.com, Privacy Shield:https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active.
- Google/YouTube (Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) – Privacy Policy: https://policies.google.com/privacy, Opt-Out:https://adssettings.google.com/authenticated, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active.
- Instagram (Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA) – Privacy Policy / Opt-Out:http://instagram.com/about/legal/privacy/.
- Twitter (Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA) - Privacy Policy: https://twitter.com/de/privacy, Opt-Out:https://twitter.com/personalization, Privacy Shield:https://www.privacyshield.gov/participant?id=a2zt0000000TORzAAO&status=Active.
- Pinterest (Pinterest Inc., 635 High Street, Palo Alto, CA 94301, USA) – Privacy Policy / Opt-Out:https://about.pinterest.com/de/privacy-policy.
- LinkedIn (LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Ireland) - Privacy Policyhttps://www.linkedin.com/legal/privacy-policy, Opt-Out:https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out, Privacy Shield: https://www.privacyshield.gov/participant?id=a2zt0000000L0UZAA0&status=Active.
- Xing (XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany) - Privacy Policy / Opt-Out:https://privacy.xing.com/de/datenschutzerklaerung.
- Wakalet (Wakelet Limited, 76 Quay Street, Manchester, M3 4PR, United Kingdom) - Privacy Policy/Opt-Out:https://wakelet.com/privacy.html.
Typekit Fonts from Adobe
Based on our legitimate interests (i.e., our interest in analyzing, optimizing, and ensuring the economic operation of our online offering within the meaning of Article 6(1)(f) of the GDPR), we use external “Typekit” fonts provided by Adobe Systems Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Republic of Ireland. Adobe is certified under the Privacy Shield Framework and thereby guarantees compliance with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000TNo9AAG&status=Active).
- Liability
12.1 Liability for product defects or damages caused by such defects is governed exclusively by Section 8. For damages resulting from delayed delivery, Section 4 applies exclusively.
12.2 Furthermore, to the extent permitted by law, lockenkopf.ch excludes any other liability toward the customer for damages arising in connection with the products, the use of, or the (un)availability of the website www.lockenkopf.ch. For example, claims for damages arising from impossibility of performance, breach of contract, or tort are excluded both against lockenkopf.ch and against its agents or vicarious agents, unless such claims result from willful misconduct or gross negligence.
- Invalidity of a Division/Reduction to Preserve Validity
If any provision of these Terms and Conditions is found to be invalid, in whole or in part, this shall not affect the validity of the remaining provisions or their intended purpose. The relevant statutory provisions shall apply in place of the invalid provisions.
- Governing Law/Jurisdiction
This contract is governed exclusively by Swiss law. The place of jurisdiction for all disputes with lockenkopf.ch is Zurich, Switzerland—subject to any mandatory places of jurisdiction under federal law.
- Changes to the Terms and Conditions
lockenkopf.ch expressly reserves the right to amend these General Terms and Conditions at any time to reflect current circumstances and to apply them immediately to any orders placed thereafter.
Zurich, September 27, 2017
