These general terms and conditions of sale govern the purchase of goods produced by the company Nysa Sàrl, whose registered office is at Rue du Scex 33, 1950 Sion, Switzerland [hereinafter: Restaurant Damien Germanier]. These terms and conditions are governed by Swiss law and may be modified by Restaurant Damien Germanier at any time without notice. The present general conditions are concluded between Restaurant Damien Germanier and any person, natural or legal, having the capacity and the will to proceed to the purchase of the products offered [hereafter: the buyer].
Purpose These general terms and conditions of sale are intended to define the contractual relationship between Restaurant Damien Germanier and the purchaser. These general conditions represent the conditions applicable to all purchases made through the online merchant site www.damiengermanier.ch. They are applicable whether the buyer is a professional or a consumer. The purchase of a product through this site implies the buyer's unreserved acceptance of these terms and conditions of sale. These conditions of sale shall prevail over any other general or special conditions not expressly approved by Restaurant Damien Germanier. Restaurant Damien Germanier reserves the right to modify these terms and conditions of sale at any time. In the event of such modifications, the applicable conditions will be the most recent then in force at the date of the order by the purchaser.
Characteristics of goods and services offered The products offered are exclusively those listed in the catalog published on the official website of Restaurant Damien Germanier, namely www.damiengermanier.ch. These products are offered for sale while stocks last. Each product is accompanied by a description - indicative and non-contractual - drawn up by Restaurant Damien Germanier. The photographs of our products are intended to faithfully reflect their image, but cannot ensure a perfect similarity with the product sold.
Prices for Switzerland and Liechtenstein The prices indicated include VAT, expressed in Swiss francs, and take into account the VAT applicable on the day of the order; any change in the VAT rate may be passed on to the price of the products or services. Restaurant Damien Germanier reserves the right to modify its prices at any time without notice, it being understood however that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer.
Orders The buyer who wishes to purchase a product from Restaurant Damien Germaniere must: Fill in the identification form on which he/she will indicate all the requested details - Fill in the online order form indicating all the references of the chosen products Confirm his/her order after checking it - Make the payment in accordance with the conditions provided - Confirm his/her order and the payment thereof
Confirmation of the order implies acceptance of these terms and conditions of sale, acknowledgement of having read them in full and waiver of any other conditions of purchase.
All the data provided and the recorded confirmation will be considered as proof of the transaction. The confirmation will be worth signature and acceptance of the operations carried out. The seller will send a confirmation of the registered order by e-mail.
Withdrawal All purchasers, with the exception of legal entities and professional individuals, benefit from a withdrawal period of seven days from the date of receipt of delivery of their order. Within this period, the buyer, with the exception of legal entities and professional individuals, may return the product to the seller for exchange or reimbursement, without penalty. Return shipping costs are at the buyer's expense. Only products that can again be offered for sale, that have not been opened and that have been returned in their original, unopened packaging will be refunded or exchanged. The risks associated with the return of the item (loss or deterioration) remain the responsibility of the customer.
Payment is due at the time of order confirmation. Payments will be made by credit card, using Six Multipay's secure Saferpay system, which uses the SSL (Secure Socket Layer) protocol, so that information transmitted is encrypted by software and cannot be read by any third party during transport over the network. The information is transmitted directly to the banking operator who manages debit authorizations. Restaurant Damien Germanier will not have access to this data at any time. The buyer's account is debited automatically when the order is placed. In addition, only the amount of the products or services sent will be debited. At the buyer's request, a printable electronic invoice will be sent.
Deliveries The products offered comply with current Swiss legislation and are suitable for consumption. Deliveries are made by Swiss Post within 7 days (Economy) to the address indicated on the order form. The risks are borne by the purchaser from the moment the products leave the premises of Restaurant Damien Germanier. In the event of damage in transit, a justified protest must be made to the carrier within three days of delivery. Delivery times are given as an indication only; if they exceed thirty days from the date of order, the sales contract may be cancelled and the purchaser reimbursed.
Warranty The products offered comply with current Swiss legislation. In the event of non-conformity of a product sold, it may be returned to the seller who will take it back, exchange it or refund it. All claims, requests for exchange or refund must be made by post to the following address: Nysa Sàrl Restaurant Damien Germanier Rue du Scex 33 1950 Sion Switzerland
Liability The seller, in the online sales process, is bound only by an obligation of means; it cannot be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, virus, breakdown in service, or other involuntary problems.
Intellectual property All elements of the Restaurant Damien Germanier website are and remain the exclusive intellectual property of Nysa Sàrl. It is forbidden for anyone to reproduce, exploit, rebroadcast, or use, for any reason whatsoever, even partially, elements of the site, whether software, visual or audio. Any simple link or hypertext link is strictly forbidden without the express written consent of Restaurant Damien Germanier.
Personal data Personal data relating to purchasers may be processed automatically. Restaurant Damien Germanier reserves the right to collect information on purchasers, including by using cookies, and, if it so wishes, to pass on the information collected to commercial partners. Purchasers may object to the disclosure of their contact details by expressly notifying Restaurant Damien Germanier. Similarly, users have the right to access and rectify data concerning them. Customers may exercise this right by contacting Restaurant Damien Germanier by e-mail at the following address: info[a]damiengermanier.ch or by post at the following address Nysa Sàrl Restaurant Damien Germanier Rue du Scex 33 1950 Sion Switzerland
Archiving Restaurant Damien Germanier will archive order forms and invoices on a reliable and durable medium constituting a faithful copy. The computerized records of Restaurant Damien Germanier will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Dispute resolution In the event of a dispute, the place of jurisdiction is Sion (Switzerland), to the exclusion of any other place of jurisdiction. Only Swiss law is applicable.
Restaurant Damien Germanier, Rue du Scex 33 1950 Sion, is the operator of this website, accessible via www.damiengermanier.ch, and the provider of the services and/or products offered and described on this website.
Restaurant Damien Germanier is responsible for the collection, processing and use of your data and must ensure that it complies with Swiss and, where applicable, European law.
We take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the applicable legal provisions and this data protection declaration. In the following, we will tell you what data is collected on this website and how it is used. You will also find out how to check the accuracy of this information and how you can have this data deleted.
In cooperation with our hosting providers, we make every effort to protect databases against unauthorized access, loss, misuse or falsification. We would like to point out that data transmission over the Internet (e.g. e-mail communication) may have security gaps. Complete protection of data against access by third parties is not possible.
By using this website, you consent to the collection, processing and use of data as specified here. In principle, this website can be accessed without registration. Data such as the pages visited or the name of the file consulted, date and time are stored on the server for statistical purposes without these data being directly linked to your person. Personal data, such as name, address or e-mail address, are, as far as possible, collected on a voluntary basis. Data will not be passed on to third parties without your consent.
SCOPE OF APPLICATION Personal data is any information relating to an identified or identifiable person. A data subject is a person in respect of whom personal data is processed. Processing includes any treatment of personal data, whatever the means and procedures used, in particular the storage, communication, obtaining, deletion, conservation, modification, destruction and use of personal data.
We process personal data in accordance with the Swiss Data Protection Act. In addition, we process personal data in accordance with the following legal principles in connection with Art. 6 para. 1 RGPD, insofar as the General Data Protection Regulation of the European Union (EU-RGPD) is applicable:
lit. a) the data subject has consented to the processing of his/her personal data.
lit. b) processing is necessary for the performance of a contract to which the data subject is a party or for the performance of pre-contractual measures taken at the data subject's request.
lit. c) the processing is necessary for compliance with a legal obligation to which we are subject, where applicable, under the applicable law of the European Union or the law of a state in which the GDPR is applicable in whole or in part.
lit. d) processing is necessary to safeguard the vital interests of the data subject or of another natural person.
lit. f) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, unless the interests or fundamental rights and freedoms of the data subject requiring protection of personal data prevail. Legitimate interests include our commercial interest in being able to operate our website and offer our services, information security, the enforcement of our own rights and compliance with Swiss law.
We process personal data for the period necessary for the respective purpose(s). In the event of long-term retention obligations due to legal or other obligations to which we are subject, we will limit processing accordingly.
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COLLECTION, USE AND PROCESSING OF PERSONAL DATA
When you visit our website When you visit this website, certain data is automatically stored on our servers or on the servers of the services and products we use and/or have installed, for system administration, statistical or backup purposes, or for tracking purposes. This data may include the following: the name of your Internet service provider - your IP address (in certain circumstances) - your browser version - the operating system of the computer with which this web site was consulted - the date - the time - the web site from which you visited this site - the search words you used to find our web site.
This data may, depending on the circumstances, allow conclusions to be drawn about a particular visitor. However, personal data will not be used in this context.
Order fulfillment and processing When you order our services or products, we collect and use personal data about you, such as your first and last name, postal address, e-mail address, payment details and possibly other data such as telephone numbers or date of birth, as well as any data you have voluntarily entered. Your data may also be enhanced with data acquired from third parties. By ordering our services or products and entering your data on our website, you consent to the use of the data you have entered for service purposes.
Forwarding your data to third parties Your data will only be forwarded to our partners (third parties) insofar as this is necessary for the processing of your orders. If we pass on data to external service providers, technical and organizational measures are taken to ensure that the transfer complies with data protection regulations. If you voluntarily provide us with personal or company data, we will not use, process or pass on this data beyond the scope permitted by law or specified by you in a declaration of consent. We will only pass on your data to external service providers insofar as this is necessary for the performance of the contract, and insofar as they have agreed to the corresponding rules of confidentiality and diligence. In addition, we will only pass on your data if we are obliged to do so by law, official order or court decision.
Cookies We usually use cookies on our website. These are small text files that are saved by your web browser and store certain settings and data for exchange with our web server. This technology enables us to recognize individual users as (return) visitors and to offer them personalized services and products. In general, cookies are used to improve our services and make them more efficient and secure. Cookies may also be necessary, for example, to manage shopping baskets or payments. A cookie does not always mean that we can identify you.
You can configure your browser settings so that no cookies are stored on your computer. Complete deactivation of cookies may mean that you will not be able to use all the functions of our website.
By continuing to use our website and/or accepting this data protection declaration, you consent to our placing cookies and thus to the collection, storage and use of personal usage data, even after the end of the browsing session. You can revoke this consent at any time by activating your browser's default setting to refuse third-party cookies.
Newsletter If you subscribe to our newsletter, you consent to us using the data you provide, such as your first and last name, postal address, e-mail address and any other data you have voluntarily entered in your user profile, to send you the newsletter. You can revoke this consent at any time in the future by unsubscribing from the newsletter.
Analytics tools: Google Analytics This website may use Google Analytics, a web analysis service provided by Google Inc. 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Analytics uses "cookies", which are text files placed on your web browser, to help the website analyze how users use the site (see Cookies above). The information generated by the cookie (browser type/version, operating system used, referring URL of the previously visited website, IP address, time of connection to the server) about your use of this website is generally transferred to a Google server in the USA and stored there. However, if IP anonymization is activated on our website, your IP address will be shortened by Google in the member states of the European Union or in other states party to the Agreement on the European Economic Area.
Only in exceptional cases is the full IP address transferred to a Google server in the USA and shortened there. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. The IP address transmitted by your browser within the framework of Google Analytics will not be combined with other Google data.
You may refuse the use of cookies by selecting the appropriate settings on your browser, but please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. Further information on the web analysis service used can be found on the Google Analytics website. Instructions on how to prevent your data being processed by the web analytics service can be found at https://tools.google.com/dlpage/gaoptout?hl=fr.
Social Media Plug-in Among other things, we use the social plug-ins listed below on our website to make our company better known (for advertising purposes). Responsibility for data protection lies with the respective providers. The processing of data in connection with these plug-ins is carried out with your consent when you use these plug-ins.
If you use the services of these social networks independently or in connection with our website, the social networks will evaluate your use of the plug-ins. In this case, the information about the plug-in is transmitted to the social networks.
Facebook Our website uses plug-ins from the Facebook social network, which is provided by Facebook Inc. Facebook plug-ins are marked with a Facebook logo or the addition "Like" or "Share". An overview of Facebook plug-ins and their appearance is available at https://developers.facebook.com/docs/plugins.
If you visit a page on our website that contains such a plug-in, your browser establishes a direct connection with the Facebook servers. The content of the plug-in is transmitted directly from Facebook to your browser and integrated into the page.
Thanks to this integration, Facebook receives the information that your browser has called up the corresponding page on our website, even if you do not have a Facebook profile or are not currently logged in to Facebook. This information (including your IP address) is transmitted by your browser directly to a Facebook server in the USA and stored there.
If you are connected to Facebook, Facebook can directly assign your visit to our website to your Facebook profile. If you interact with the plug-ins, for example by clicking on the "Like" button, this information is also transmitted directly to a Facebook server and stored there. This information is also published on your Facebook profile and made visible to your Facebook friends.
To learn more about the purpose and scope of data collection and further processing and use by Facebook, as well as your rights and privacy setting options, please see Facebook's privacy statement: www.facebook.com/policy.php.
LinkedIn Plug-ins from the LinkedIn social network (LinkedIn Corporation, USA) are installed on our website. You can recognize the LinkedIn plug-in (button recommended by LinkedIn) by the LinkedIn logo. If you visit a page on our website that contains such a plug-in, a direct connection is established between your browser and the LinkedIn server. LinkedIn thus receives the information that you have visited our site, along with your IP address. If you click on the LinkedIn button while logged in to your LinkedIn account, you can link the content of our pages to your LinkedIn profile. This enables LinkedIn to associate your visit to our sites with your account. We would like to point out that, as the site provider, we have no knowledge of the content of the data transmitted or its use by LinkedIn. For further information, please visit www.linkedin.com/legal/privacy-policy.
Google Maps Google Maps services are used on our website (e.g. on-screen or via interfaces/APIs). Google LLC, USA, may therefore process information about your actual location. Google uses various technologies to determine your location, such as IP addresses, GPS and other sensors, which provide Google with information about nearby devices, WLAN access points or cell phone antennas, for example.
To find out about the purpose and scope of data collection and the subsequent processing and use of data by Google, as well as your privacy rights and preferences, please consult Google's privacy policy at https://policies.google.com/privacy?hl=fr&gl=f.
YOUR RIGHTS You may at any time request information about the data we have stored about you. To do so, please send a request for information by e-mail to the address below. The request must be accompanied by proof of identity sent to the same address.
You may request the deletion or correction of your data at any time. Of course, you also have the right to revoke your consent to the use or processing of personal data for the future at any time.
The data stored will be deleted by us when it is no longer required for the stated purpose. With regard to the deletion of data, it should be noted that we are subject to certain legal obligations which stipulate that certain data must be retained. We must comply with this obligation. If you request the deletion of data which is subject to the legal retention obligation, the data will be blocked in our system and used only to fulfill the legal data retention obligation. Once the retention period has expired, your deletion request will be fulfilled.
If your personal data is processed on the basis of legitimate interests (see Scope above), you have the right to object to the processing of your personal data for reasons relating to your particular situation or for the purposes of direct advertising. In the latter case, you have a general right of objection, which will be implemented by us without specifying any particular situation.
In addition, you also have the option of receiving the personal data you have provided to us or requesting that it be transferred to another responsible person. To do so, please send an e-mail to contact[at]damiengermanier.ch. In the event of disproportionate costs, we reserve the right to demand that you provide us with proof of identity and pay the actual costs in advance.
CONTACT Here are our contact details: Restaurant Damien Germanier, Rue du Scex 33 1950 Sion - contact[at]damiengermanier.ch - www.damiengermanier.ch
MODIFICATION OF THIS DATA PROTECTION STATEMENT We may change or modify this data protection statement at any time. The current statement can be viewed at https://damiengermanier.ch/conditions/.
Sion, March 30, 2023