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].
Object The present general conditions of sale aim to define the contractual relations between Restaurant Damien Germanier and the buyer. These general conditions represent the conditions applicable to any purchase made through the online merchant site www.damiengermanier.ch They are also applicable whether the buyer is a professional or a consumer. The purchase of a product through this site implies acceptance without reservation by the buyer of these general conditions of sale. These conditions of sale will prevail over any other general or particular conditions not expressly approved by the Restaurant Damien Germanier. The Restaurant Damien Germanier reserves the right to modify the present general conditions of sale at any time. In case of such modifications, the applicable conditions will be the most recent ones in force at the date of the order by the buyer.
Characteristics of the 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-binding - established by the Restaurant Damien Germanier. The photographs of our products tend to reflect their image faithfully, but cannot ensure a perfect similarity with the product sold.
Prices For Switzerland and Liechtenstein The prices indicated are inclusive of VAT, expressed in Swiss Francs, taking into account the VAT applicable on the day of the order; any change in the VAT rate may be reflected in 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 buy a product of the Restaurant Damien Germaniere must necessarily : Fill in the identification form on which he will indicate all the requested details - Fill in the online order form indicating all the references of the chosen products Validate his order after having checked it - Make the payment in the conditions provided - Confirm his order and the payment of the latter
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 Any buyer, except for legal entities and professional individuals, has 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 refund of the product, without penalty. The return costs are at the buyer's expense. Only products that can be offered for sale again, that have not been opened and that have been returned in their original intact packaging (unopened) will be refunded or exchanged. The risks related to the return of the article (loss or deterioration) remain the responsibility of the customer.
Terms of payment The price is due at the time of confirmation of the order. Payments will be made by credit card; they will be made through the secure system Saferpay of Six Multipay which uses the SSL protocol (Secure Socket Layer), so that the information transmitted is encrypted by software and no third party can gain knowledge of it during transport on the network. The information is transmitted directly to the banking operator who manages the debit authorizations. The Restaurant Damien Germanier will not have access to these data at any time. The buyer's account is automatically debited when the order is placed. Moreover, only the amount of the products or services sent will be debited. At the request of the buyer, an electronic printable invoice will be sent to him.
Deliveries The products offered are in conformity with the Swiss legislation in force and suitable for consumption. Deliveries, made by the Swiss Post Office within 7 days (Economy), are made 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 during transport, 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 order, the sales contract may be cancelled and the buyer reimbursed.
Guarantee The products offered are in conformity with the Swiss legislation in force. In case of non-conformity of a product sold, it can 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
Responsibility The seller, in the process of selling online, is only bound by an obligation of means; its responsibility cannot be engaged for any damage resulting from the use of the Internet network such as data loss, intrusion, virus, service failure, or other unintended problems.
Intellectual property All elements of the Restaurant Damien Germanier website are and remain the exclusive intellectual property of the company Nysa Sàrl. It is forbidden to 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 prohibited without the express written consent of Restaurant Damien Germanier.
Data of a personal nature Information of a personal nature relating to buyers may be subject to automated processing. The Restaurant Damien Germanier reserves the right to collect information on the buyers, including by using cookies, and, if it wishes, to transmit the information collected to commercial partners. Buyers may object to the disclosure of their details by expressly notifying Restaurant Damien Germanier. Similarly, users have the right to access and rectify data concerning them. The client 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 true 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.
Settlement of disputes In case of dispute, the place of jurisdiction is Sion (Switzerland), excluding any other place of jurisdiction. Only Swiss law will be applicable.
DATA PROTECTION STATEMENT Restaurant Damien Germanier, Rue du Scex 33 1950 Sionis the operator of this website, accessible via www.damiengermanier.chand 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 law and, where applicable, with European law.
We take theWe 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. We would like to inform youabout the data 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 by us.
In cooperation with our hosting providers ( hosting providers"), we make every effort to protect the databases from unauthorized access, loss, misuse or alteration. We would like to point out that data transmission over the Internet (e.g. communication by e-mail) can have security gaps. Complete protection of data against access by third parties is not possible.
By using this website, you agree to the collection, processing and use of data as indicated here.here. In principle, this website can be accessed without registration. Data such as the pages visited or the name of the file accessed, date and time are stored on the server for statistical purposes without these data being directly linked to you.to your person. Personal data, such as name, address or e-mail address, are collected on a voluntary basis as far as possible. The data will not be passed on to third parties without your consent.
SCOPE OF APPLICATION The personal data is any information relating to an identified or identifiable person. A data subject is a person about whom personal data are processed. Processing includes any processing of of personal data, by whatever means and procedures, including storage, disclosure, obtaining, deletion, retention, alteration, destruction and use of personal data.
We process personal data in accordance with the Swiss Data Protection Act.law. In addition, we process personal data in accordance with the following legal principles in connection with Art. 6 para. 1 GDPR, insofar as the General Data Protection Regulation of the European Union (EU-GDPR) is applicable:
lit. a) the data subject has consented to the processing of his/her personal data.
lit. b) the processing is necessary for the performance of a contract to which the data subject is party or for the performance of pre-contractual measures taken at the request of the data subject.
lit. c) the processing is necessary for compliance with a legal obligation to which we are subject, if any, under applicable European Union law or the law of a state in which the GDPR is applicable in part or in full.
lit. d) the processing is necessary to protect the vital interests of the data subject or of another natural person.
lit. f) the 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 which require protection of the personal data prevail.personal data. Legitimate interests include our business interests in operating our website and providing our services, information security, the enforcement of our own rights and compliance with Swiss law.
We process personal data for theon personal data for the period necessary for the respective purpose(s). In case of long-term storage obligations due to legal or other obligations to which we are subject, we will limit the 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 your browser version - the operating system of the computer with which this website was accessed - thethe date - the time - the website from which you are visiting this site - the date and time the search words you used to find our website
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. 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.
Disclosure of your data to third parties Your data will only be passed on to our partners (third parties) insofar as this is necessary to process your orders. If we pass on data to external service providers, technical and organizational measures are taken to ensure that the transfer is in accordance with the legalIf we transfer data to external service providers, technical and organizational measures are taken to ensure that the transfer complies with the legal provisions on data protection. If you voluntarily provide us with personal or company data, we will not use, process or pass on this data.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.We will only pass on your data to external service providers if this is necessary for the execution of the contract and if they have agreed to the corresponding rules of confidentiality and diligence. Furthermore, 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 parameters and data for exchange with our web server.arameters and data for exchange with our web server. This technology allows us to recognize individual users as (return) visitors and to offer them personalized services and products. In general, the use of cookies is to improve our services, to make them more efficient and safer. These cookies may also be necessary, for example, to manage shopping carts or payments. A cookie does not always mean that we can identify you.
Seeou can configure your browser settings so that no cookies are stored on your computer. Disabling cookies altogether may mean that you will not be able to use all the features of our website.
By continuing to use our website and/or by accepting this data protection declaration, you consent to the setting of cookies and thus to the collection, storage and use of personal usage data, even after the end of the browser session.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 the default setting in your browser to reject third-party cookies.
Newsletter If you subscribe to our newsletter, you agree that we may use the data you provide, such as your first and last name, postal address, e-mail address and any 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. You can revoke this consent at any time in the future by unsubscribing from the newsletter.
Analytical 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 cookies (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 thex United States 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 will the full IP address be 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 the use of the website and evaluating the effectiveness of the website.on 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 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 so, you may not be able to use the full functionality of this website.If you do so, you may not be able to use all the features 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. You can find further information on theabout the web analysis service used on the Google Analytics website. Instructions on how to prevent the processing of your data by the web analysis 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 mentioned below on our website to make our company better known(for advertising purposes). The respective providers of these plug-ins are responsible for compliance with data protection regulations. 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 social network Facebook, which is provided by Facebook Inc. The Facebook plug-ins are marked with a Facebook logo or the addition "Like" or "Share". An overview of the 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.
Through this integration, Facebook receives the information that your browser has called up the corresponding page on our siteb website, even if you do not have a Facebook profile or are not currently logged into Facebook. This information (including your IP address) is transmitted by your browser directly to a Facebook server in the United States and stored there.
If you are logged in to Facebook, Facebook can directly attribute 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 visible to your Facebook friends.
To learn about the purpose and scope of data collection and further processing and use by Facebook, as well as your rights and privacy settings, please see Facebook's Privacy Statement.For information about the purpose and scope of data collection and further processing and use by Facebook, as well as your rights and privacy settings options, please see Facebook's privacy statement: www.facebook.com/policy.php.
LinkedIn Plug-ins from the social network LinkedIn (LinkedIn Corporation, USA) are installed on our website. You can recognize the LinkedIn plug-in (button recommended by LinkedIn) at the logo LinkedIn. 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 receives the information that you have visited our site with your IP. If you click the LinkedIn button while logged into your LinkedIn account, you can link the content of our pages to your LinkedIn profile. This allows LinkedIn to associate your visit to our sites with your account. We would like to sWe would like to point out that, as the provider of the site, we have no knowledge of the content of the data transmitted or of its use by LinkedIn. For more 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, can therefore process information about your actual location. Google uses variousGoogle 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.
For information about the purpose and scope of data collection and further processing and use of the data by Google, as well as your privacy rights and preferences, please refer to the Google Privacy Policy at https://policies.google.com/privacy?hl=fr&gl=f.
YOUR RIGHTS You may at any time request information about theabout 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 a proof of identity sent to the same address.
You have the to 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 stored data 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 that we are subject to certain legal obligations which stipulate that certain data must be retained. We must comply with this obligation. If you wish to delete data, which is subject to the legal obligation of retention, the data will be deleted.If you wish to delete the data, which is subject to the legal retention obligation, the data will be blocked in our system and used only to fulfill the legal retention obligation. After the expiration of the retention period, your request for deletion will be fulfilled.
If your personal data is processed on the basis of legitimate interests (see above Scope), you have the right to object to the processing of your personal data for reasons related to your particular situation or for direct advertising purposes. personal data for reasons related to your particular situation or for the purpose of direct advertising. In the latter case, you have a general right of objection, which will be implemented by us without indicating any particular situation.
In addition, you also have the possibility to receive the personal data you have provided to us or to request that they be transferred to another responsible person. To do so, please write to us by e-mail at 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 that you pay the actual costs in advance.
CONTACT Here are our coordinates: Restaurant Damien Germanier, Rue du Scex 33 1950 Sion - contact[at]damiengermanier.ch - www.damiengermanier.ch
CHANGES TO 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