General Terms and Conditions
1 SCOPE OF APPLICATION
Arina AG (for customers with domicile in Switzerland) respectively Arina Deutschland GmbH (for customers with domicile in Germany/the EU) ("Arina") is the provider of the products, services and training (jointly "services") described on the Arina Wwbsite www.arina.ch ("website"). These General Terms and Conditions ("GTC") - together with any further contractual components made reference to - govern the legal relationship ("Contract") between Arina and the customer ("customer", individually a "party" and collectively the "parties")
These GTC apply to all contracts between the parties, regardless of how the contract was concluded (e.g. via the website, by e-mail or in writing). General Terms and Conditions of the Customer shall not apply. The most recent version of the GTC can be found at www.arina.ch. Arina reserves the right to change these GTC at any time. The customer will be notified of any changes in due time. The version of these GTCs valid at the time the contract is concluded is applicable.
The concrete scope of the services results from the applicable parts of the contract, in particular from any order forms. Unless otherwise agreed, the service descriptions on the website apply.
The products offered on the website do not constitute a binding offer. The customer can make a binding offer to order products either by clicking the corresponding button or by contacting Arina. Arina confirms the acceptance of this offer to the customer, whereby a contract is created.
Arina attaches great importance to keeping information and details about the products and delivery times as accurate and up-to-date as possible. However, the customer is aware that the information and details about the products offered and delivery times are not binding and do not constitute any kind of assurance or guarantee. All products are delivered to the address or e-mail address provided by the customer (e.g. license key for software). In the case of physical delivery of products, benefits and risks shall pass to the customer when the products are handed over to the shipping company.
Arina guarantees that products are free of defects, provided that the customer inspects the delivered products immediately after delivery and notifies Arina of any defects within 10 working days in writing and with an exact description of the defects. It is at the free discretion of Arina to remedy defects either by rescission of the contract, reduction of the purchase price or replacement delivery. Subject to the express written confirmation by Arina, the customer has no right to return products delivered free of defects. If Arina grants a right of return in individual cases, this may be subject to further conditions.
The delivered products remain the property of Arina until full payment has been received from the customer. If the customer defaults on payment of the purchase price, Arina is entitled to make a corresponding entry in the reservation of ownership register at the customer's expense.
The services listed on the website do not constitute a binding offer. A contract is only concluded with express written (including e-mail) confirmation by Arina.
Arina provides the agreed services professionally and with reasonable care according to the current state of technology. Subject to the timely payment of the remuneration by the customer, Arina grants the customer the non-exclusive right to use the services during the contract period for his own purposes in accordance with the law and the contract. Any use by third parties requires the explicit written consent of Arina. For services mediated by Arina, for which the customer concludes a contract with a partner, the terms and conditions and general terms and conditions of that partner apply, and Arina rejects any liability.
The customer shall take all actions necessary for Arina to provide the services in accordance with the contract. The customer is responsible for the accuracy and timeliness of the data transmitted to Arina.
Arina warrants that the use of Arina's services in accordance with the contract does not infringe any third-party property rights. In such a case, the customer must (i) immediately inform Arina in writing by registered mail, (ii) grant Arina control of the defence and in any settlement negotiations, and (iii) support Arina to an appropriate and reasonable extent. Any violation of this obligation will result in the loss of any claim against Arina. If, in the opinion of Arina, the use of the services by the customer violates or is likely to violate the industrial property rights of third parties, Arina has the right to choose between the following measures: (i) to modify the services in such a way that no industrial property rights are violated any longer; (ii) to procure the right for the customer to continue using the services; (iii) to replace the services with other services; or (iv) to take back the services and refund to the customer any remuneration already paid, less a reasonable contribution for the use and the loss in value..
If the services of Arina involve the creation of a piece work within the meaning of Art. 363 et seq. Swiss Code of Obligations (OR) ("work"), the Customer shall inspect and accept the work (and individual parts thereof) immediately after delivery. The inspection period is 5 working days from delivery of the respective work. Acceptance shall be deemed successful if the parties (i) sign an acceptance protocol without any significant defects, (ii) the customer does not report any significant defects during the inspection period or (iii) the customer begins productive use of the Work.
The customer must notify Arina in writing of significant defects (i.e. defects that prevent the use of the work) during the inspection period of the corresponding work immediately after discovery, in such a way that the significant defects are comprehensible and reproducible for Arina (otherwise there is no significant defect). Non-significant defects do not prevent acceptance. The significant defects notified by the customer during the inspection period must be remedied by Arina within a reasonable period of time and free of charge. If the significant defects are remedied within the aforementioned period, acceptance shall be deemed to have taken place after the expiry of the period. If the remedy is not successful, the customer may withdraw from the contract after the expiry of two further reasonable periods. Further claims are excluded to the extent permitted by law. For the removal of all further defects the provisions agreed upon regarding procedure and price apply.
Training offered on the website does not constitute a binding offer. The customer may submit a binding offer either by clicking the corresponding button or by contacting Arina. Arina confirms the acceptance of this offer to the customer, which constitutes a contract. The customer's registration is personal and only transferable with the prior consent of Arina. The information provided on the website regarding duration, language, times, tutor, venue and course content is not binding and may be changed by Arina.
Customers may cancel training courses free of charge up to 30 calendar days before the start of the training. If a cancellation is made within 29 calendar days to 7 calendar days before the start of the training, the customer is obliged to pay 50% of the training fees. Fees already paid will be refunded accordingly. In case of no-show or cancellation within 6 calendar days prior to the start of the training, the customer is obliged to pay the training fees in full.
Registration for a training course does not constitute a right to have the training conducted. Arina reserves the right to cancel trainings at any time (e.g. if the number of participants is low or the instructor is absent). Upon cancellation of the training course, the customer is no longer obliged to pay the training fee and any fees already paid will be refunded to the customer.
3 PRICES AND PAYMENT OPTIONS
Unless otherwise contractually agreed (e.g. in the order form), the current prices on the website apply. Any services requested by the customer the price of which has not been specifically agreed upon and cannot be derived from the website will be invoiced according to Arina's standard rates, based on actual expenditure. In the absence of other information, all prices are in Swiss francs (CHF), excluding any value-added tax, other taxes, customs duties, levies and any shipping costs.
Arina offers the payment options listed on the website, which can be supplemented or changed by Arina at any time. The purchase price is due upon conclusion of the contract. Invoices from Arina must be paid within 20 days, excluding set-off. After this period has expired, the customer is automatically in default. In this case, Arina reserves the right to charge appropriate reminder fees in addition to the purchase price. Furthermore, the customer may have to pay debt collection costs, including court and lawyer's fees. After the expiry of the payment deadline, Arina is entitled to stop providing the services or to terminate the contract without notice. Further legal rights are explicitly reserved.
4 INVOLVEMENT OF THIRD PARTIES
Arina may contract third parties for the provision of services, for whose careful selection, instruction and supervision Arina is responsible. In this case, no contractual relationship exists between the customer and third parties.
5 LIABILITY AND INDEMNIFICATION
Arina is liable to the customer without limitation for direct damages caused intentionally or by gross negligence, as well as for personal injury and property damage. The liability of Arina for indirect damages and direct damages caused by negligence, including damages caused by ancillary staff, is excluded, as far as legally permissible.
The customer is responsible for the use of the services he/she obtains in accordance with the law and the contract. Arina is not liable for damages resulting from use in violation of the law or the contract, and the customer is liable for all damages incurred by Arina as a result. The customer must indemnify Arina for all damages resulting from a breach of contract or rights, including third party claims and any legal and attorney's fees.
Arina is not liable for delays or disruptions in services or for all damages resulting from events for which Arina is not responsible or which make the provision of services considerably more difficult or impossible (force majeure).
6 INTELLECTUAL PROPERTY
Unless otherwise agreed, all rights to existing intellectual property or intellectual property arising during the performance of the contract with regard to the services of Arina remain with Arina or the corresponding third parties. For third-party software, their license terms apply..
In providing its services, Arina observes the data protection regulations. The customer is aware that the conclusion and fulfillment of contracts with Arina can lead to the processing of personal data, and the customer agrees that such data can also be transferred to third parties for this purpose. Further details on data protection can be found in Arina's data protection policy.
8 FINAL PROVISIONS
Arina has the right to transfer rights and obligations from the contract to third parties. The transfer of rights and obligations from the contract by the customer to third parties requires the prior written consent of Arina.
Should any provision in these GTC be illegal, invalid or otherwise invalid or unenforceable, the validity of the remaining provisions of these GTC shall not be affected. Any such provision shall be replaced by a valid provision which comes close to the originally intended economic purpose.
All contracts or other legal relationships between the customer and Arina shall be governed by substantive Swiss law and exclusion of conflict-of-law provisions as well as the United Nations Convention on Contracts for the International Sale of Goods (CISG. All disputes arising from or in connection with contracts or other legal relationships with Arina shall be exclusively subject to the jurisdiction of the ordinary courts at the place of business of Arina.) For sales to consumers or consumers within the meaning of the applicable consumer protection legislation, the above shall only apply to the extent that this consumer protection legislation does not necessarily provide for other regulations.
LAST UPDATED ON 10 NOVEMBER 2020
This Data Protection Policy ("Data protection policy ") applies to all services offered by Arina AG with its registered office in Via da Liuns 841, 7550 Scuol, Switzerland or Arina Deutschland GmbH with its registered office in Marktstrasse 36, 89340 Leipheim, Germany ("Arina", "us" or "we") as well as to the use of the website under the domain www.arina.ch and any sub-domains ("website") (together "services"). We take the protection of your personal data very seriously and treat your personal data confidentially and in accordance with the applicable data protection regulations and this data protection policy.
This Data Protection Policy informs you ("you" or "your") about the collection, use and disclosure of personal information when using our services and the options you have in relation to that information.
If you have any questions or suggestions regarding data protection, please feel free to contact us at any time. The person responsible for processing personal data is:
Markus Mosca, Via da Liuns 841, 7550 Scuol, Schweiz (email@example.com).
1 PROCESSING PERSONAL DATA
We process information about you when you use our services and perform certain actions on our website.
1.1 Using our website
When you access and browse our website, we collect certain personal information in connection with your use of and interaction with our website. This data may include, in particular, your IP address, your browser type and version, the date and time of your visit and the subpages you have accessed. The collection of this information is used to provide, maintain and improve our website and your user experience.
1.2 Provision and delivery of further services
When you place orders with Arina or otherwise use services provided by Arina (e.g. support services), we collect and store personal data from you as part of the ordering, delivery and service provision process. This data includes, in particular, contact data (first name, surname, address, e-mail address, telephone number, etc.), other communication data, contract data, information about the content of your inquiry, and data concerning payment methods. This is to allow for selection, ordering, delivering and provision of the selected products and services and to paying for them.
1.3 Registration for training
When you register with Arina for trainings, we collect and store personal data from you during the registration process. In addition, we may collect further personal data in advance and during the course of the training. This data includes, in particular, contact data (first name, last name, e-mail address, company, etc.) as well as any other contractual data and data regarding payment terms. This is to enable you to plan and conduct the training courses.
1.4 Contact form
If you send us an inquiry via our contact form, the data you enter, including your contact details (first name, last name and e-mail address), will be stored by us to process your inquiry and for follow-up questions from out side.
If you would like to subscribe to our newsletter, we will collect your contact data (first name, last name, e-mail address and company) as well as any information that allows us to verify that you are the owner of the e-mail address provided and that the owner agrees to receive the newsletter. We use these data exclusively for sending the requested information and do not pass them on to third parties. You can revoke your consent to the storage of the data, the e-mail address as well as its use for sending the newsletter at any time - for example via the 'unsubscribe' link in the newsletter.
1.6 Job applications
If you apply for a job with us, we collect and store personal data in this context. These may include, in particular, your contact details (first name, surname, address, e-mail address), demographic data, data concerning your curriculum vitae, education and previous employment. We do not pass on this data to third parties.
2 LEGAL BASES AND PURPOSES
Our legal basis for collecting and using the personal information described in this Data Protection Policy depends on the personal information we collect and the specific purposes for which we collect it.
Contract: For the purpose of fulfilling our contractual obligations or taking any action in connection with a contract:
● to provide our services
● to offer you support
Consent: For the following purposes we can rely on your voluntarily given consent at the time of providing your personal data:
● to provide you with news, special offers, newsletters and general information about goods and services we offer (with your express permission).
● to process your job application.
Legitimate interests: For the following purposes we rely on our overriding legitimate interest:
● to provide and maintain our website and the detect, prevent and combat security threats.
● to analyze, improve, personalize and monitor the use of our website and communication.
Public interest: For the purpose of meeting obligations in the regulatory and public interest
● to maintain records in accordance with applicable regulations and laws.
3 SAVING AND STORAGE OF DATA
We will retain your personal information only for as long as necessary for the purposes set forth in Section 2 of this Data Protection Policy and only to the extent necessary to fulfill our legal obligations, resolve potential disputes and enforce our legal agreements and policies.
4 SERVICE PROVIDER AND DATA TRANSFERS
We may use third party companies ("Service Providers") to provide our services (e.g., delivering products, conducting training, processing payments, etc.) and to facilitate the operation of our website and to provide related services, such as IT infrastructure services. These third parties have access to your personal information only and only to the extent necessary to perform these functions on our behalf and are required to protect such information in accordance with applicable data protection laws.
Such protection measures may include transfers to countries that provide an adequate level of protection according to the country lists published by the Swiss Federal Data Protection and Information Commissioner. Similarly, the use of standard data protection clauses, binding company rules or other standard contractual obligations or international agreements that provide for an adequate level of data protection.
By agreeing to this Data Protection Policy and the providing your personal data, you expressly consent to these data transfers.
We regularly use the following service providers to provide our services:
We use Google Analytics to continuously improve the content of our website. The provider is Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Analytics uses "cookies". Cookies are text files which are stored on your computer and which enable an analysis of your use of the website. The information collected by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there.
You can prevent the storage of cookies by configuring your browser software accordingly; however, please note that in this case you may not be able to use the full functionality of this website. You can also prevent Google from collecting and processing the data generated by the cookie in relation to your use of the website (including your IP address) by downloading and installing the browser plugin available here:
4.2 Shipping companies
For the delivery of orders we work with external shipping companies, which are carefully selected by us. These service providers only receive the necessary personal data from us for the execution of the respective order, which may in particular include the following data:
• first name, name
• address, delivery address or postcode
• e-mail address
5 DISCLOSURE OF DATA
We may disclose your personal information in good faith and in the belief that it is necessary:
● to fulfill a legal obligation (i.e., when required by law or in response to valid requests from governmental authorities, such as a court or government agency);
● to protect the security of the site and defend our rights or property;
● to prevent or investigate possible misconduct in connection with Arina;
● to protect us from legal liability.
6 DATA SECURITY
We take appropriate technical and organizational security measures that we deem appropriate to protect your stored data from manipulation, loss or unauthorized access by third parties. Our security measures are continuously adapted in line with technological developments.
We also take internal data protection very seriously. Our employees and the service providers commissioned by us are obliged to maintain confidentiality and to comply with the applicable data protection laws. In addition, they are only granted access to personal data to the extent that this is necessary to fulfill their respective tasks or mandate.
The security of your personal information is important to us, but please remember that no method of transmission over the Internet or method of electronic storage is 100% secure. Although we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. We recommend that you use anti-virus software, a firewall and other similar software to protect your system.
7 DATA PROTECTION RIGHTS
Depending on your country of residence, you may have the privacy rights listed below. Please note that we may ask you to prove your identity before responding to such requests.
Access to your personal information (or exercise any of the other rights) is free of charge to you. However, we may charge a reasonable fee if your request is manifestly unfounded, repeated or harassing. Alternatively, in such circumstances, we may refuse to comply with your request.
7.1 Right to information and access
You have the right to know whether we process and store personal data about you. If this is the case, you can request information about this personal data as well as further information about processing, duration of storage, etc. You can also request a copy of your personal data, which we will make available to you in electronic form.
7.2 Right to correction and completion
You have the right to ask us to correct our records if you believe that they contain incorrect or incomplete information about you.
7.3 Right to revoke consent
If you have given your consent to the collection, processing and transfer of your personal data, you have the right to withdraw your consent in whole or in part. This also applies to cases in which you wish to unsubscribe from marketing communications.
As soon as we receive notification that you have withdrawn your consent, we will no longer process your data for the purposes for which you originally agreed, unless there is another legal basis for processing. To stop receiving e-mails from us, please click on the 'unsubscribe' link in the e-mail you received from us.
7.4 Right to deletion
You have the right to request that we delete your personal data if they are no longer necessary for the purposes for which they were collected or if they have been processed unlawfully.
7.5 Right to restrict processing
You have the right to request a limitation of the processing of your personal data if you believe that it is incorrect or our processing is unlawful.
7.6 Right to portability
You have the right to request that we transfer your personal data in a common format, such as Excel, to another person responsible for data processing, if it concerns data that you have made available to us and if we process this data on the basis of your consent or to fulfil our contractual obligations..
7.7 Right to object to processing
If the legal basis for the processing of your personal data is our legitimate interest, you have the right to object to such processing for reasons relating to your particular situation. We will comply with your request unless we have a compelling legal basis for processing that overrides your interests or unless we need to continue processing the personal data to exercise or defend a legal claim.
7.8 Right to lodge a complaint with a supervisory authority
You have the right to lodge a complaint with a data protection supervisory authority if you believe that the processing of your personal data violates data protection law. The competent data protection authority in Switzerland is the Federal Data Protection and Information Commissioner (www.edoeb.admin.ch/edoeb/en/home.html). If you are resident in the EU, please contact the competent supervisory authority in your member state.
8 LINKS TO THIRD-PARTY WEBSITES
Our website may contain links to websites or applications that are not operated by us. When you click on a third-party link, you will be directed to that third-party website or application. We have no control over and are not responsible for the content, data protection policies or practices of third party websites or services.
The Arina website uses 'cookies'. Cookies do not damage your computer and do not contain viruses. Cookies help to make our website more user-friendly, effective and safe. Cookies are small text files that are stored on your computer and saved by your browser.
The majority of the cookies we use are 'session cookies'. These are automatically deleted at the end of your visit. Other cookies remain stored on your device until you delete them. These cookies enable us to recognize your browser during your next visit. You can set your browser to inform you when cookies are saved and to allow cookies only under certain circumstances, to block cookies completely or under certain circumstances or to ensure that cookies are deleted when you close your browser. Disabling cookies may limit the functionality of this website.
We expressly reserve the right to modify this Data Protection Policy at any time. If such changes are made, they will be published immediately on this website. It is your responsibility to check our website for the latest version of this Data Protection Policy. We therefore recommend that you consult this Data Protection Policy regularly.
Scuol und Leipheim, 10 November 2020