Legal information

Imprint

Website Contents
The contents of this website have been provided according to good faith and fair dealing. However, we do not guarantee that the information is complete although we have taken all precautions to avoid errors, mistakes or similar matters. PREFORM (Switzerland) Ltd is not liable for damages of any kind due to use of this information, the expectations arising from this information or any information provided in this context.

Copyright
The layout of the website, the information, the graphics and pictures as well as individual contributions are protected by copyright. Downloads or hard copies of pages and/or parts of them as well as documents, which are contained on this website, may only be used for information purposes. Brands (or registered trademarks) are only used for explanations or descriptions.

Links to external content
PREFORM GmbH is not liable under any circumstances for the content of websites to which links are provided. These links are supplied as a service for the users of the website. PREFORM GmbH expressly does not take ownership of the contents of these websites.

Legal Validity
PREFORM (Switzerland) Ltd is not liable for damages of any kind within a legal context that users could suffer on the website or in associated actions. To the extent that individual formulations in this text or parts of this text do not or no longer or incompletely reflect the current situation under law, the remaining parts of this explanation shall not be affected in their content and validity.

PREFORM (Switzerland) Ltd
Zunstrasse 11
CH-8152 Opfikon
Telefon +41 44 874 17 77
Telefax +41 44 874 17 67

Conception, Design and Realization
insyma AG
Online-Marketing Lösungen nach Mass
Industriestrasse 47
CH-6300 Zug
Phone +41 41 768 50 20
Fax +41 41 768 50 21
Website http://www.insyma.com

Terms and Conditions of Supply and Payment

General:

The following Terms and Conditions of Supply and Payment shall apply to all of PREFORM’s supplies and services. Other conditions, e.g. the purchasing conditions of the customer, shall form part of the contract only if expressly acknowledged in writing by PREFORM. Legal provisions shall apply in the event of a dispute.


Quotes/offers:

Unless otherwise agreed, specific written offers issued by PREFORM shall be valid for a period of two (2) months, following which they become non-binding in nature.
It shall be possible to rectify evident mistakes prior to acceptance of the offer.


Prices:

Prices are understood to be in euros and do not include value added tax. In the event that more than four (4) months separate the concluding of the contract and the agreed date of delivery, PREFORM shall be entitled to apply the prices in force at the time of delivery.


Orders; concluding the contract:

The customer is deemed to have accepted these conditions of sale by placing an order. A verbal or written order shall be deemed accepted when it has been acknowledged in writing by
PREFORM. The customer is required to verify any room measurements issued by PREFORM. In the absence of any order acknowledgement, PREFORM’s Terms and Conditions of Supply and Payment shall be deem accepted at the latest with the acceptance of the goods.
If, after issuing the order acknowledgement or invoice, PREFORM is made aware of a substantial deterioration in the customer’s financial circumstances or receives unfavourable information regarding its commercial conduct and method of payment, then PREFORM shall be entitled either to make the performance of the delivery dependent upon a prepayment or other form of security deemed appropriate, or to withdraw from the contract.


Amendments to an order:

Any amendment to an order requires an acknowledgement in writing from PREFORM.
Amendments shall be possible only within eight (8) days of the order acknowledgement being issued and can result in the delivery period being extended. Any costs arising from the amendment of the order shall be chargeable to the customer.


Cancellation, withdrawal:

In the event of cancellation of an order by the customer, PREFORM reserves the right to charge the customer for all and any work undertaken and costs incurred up to that point. It shall not be possible for the customer to cancel an order in the case of goods which have been specially fabricated or purchased.


Delivery period and impairment:

The delivery period, expressed in terms of calendar weeks, shall begin with the dispatch of the acknowledgement of order by PREFORM, but not before clarification of all details of execution of the delivery. It shall be for PREFORM to decide the exact day of delivery within the agreed week of delivery.
Should PREFORM be prevented from fulfilling its obligations by the occurrence of unforeseen events which PREFORM could not avoid – in particular interventions by the authorities, disruptions to operations, industrial disputes or delays in the delivery of essential materials, whether on the premises of PREFORM or those of its suppliers – despite exercising due care as required by the circumstances of the individual case, the delivery period shall be extended in a manner commensurate with the circumstances.
Should the above-mentioned events render delivery or
performance impossible, PREFORM shall be released from its delivery obligations; the customer shall remain bound by the contract and not be entitled to compensatory damages. Should such impediments occur in respect of the customer, analogous legal consequences shall also apply in respect of its obligation to take delivery. The contracting parties shall be obliged to inform each other without delay of any such impairments.
Orders in respect of which a definite delivery period cannot be given (call-up orders) shall be subject to a minimum call-up period of thirty (30) days unless otherwise agreed.
If deliveries, including those arising from framework agreements and call-up orders, are not accepted within the prescribed time limit, PREFORM shall be entitled to put them into storage at the expense of the customer.


Delivery/dispatch:

Delivery of the goods shall take place ex works by road on a carriage-paid basis within the Federal Republic of Germany, and will include any necessary packaging. Export: as a rule ex works by prior agreement. Customer shall ensure that vehicle movements and unloading can proceed unimpeded. PREFORM shall have the discretion, following appropriate notice, to choose alternative forms of dispatch such as part-load consignments or rail freight to the customer’s railway station. If the customer requires particular packaging or a particular form of shipping,
any additional costs involved shall be at the expense of the customer.
The customer shall ensure that deliveries can be effected during normal business hours. Exceptions shall be the subject of prior agreement by the customer and PREFORM.
The customer shall be responsible for transporting the goods to the point of use, unpacking them and putting them in place.
If PREFORM transports and/or puts the goods in place on the customer’s premises, this shall be at the expense of the customer.
The shipping of e.g. accessories and small items below a net value of E 500,00 shall be at the expense of the customer.


Transport risks:

Where the shipping is performed by PREFORM or a freight forwarder contracted by PREFORM, risk shall pass to the customer when it accepts the goods.
The risk of loss of or damage to the goods during the shipping for which neither PREFORM nor the customer is at fault shall be borne by PREFORM or its freight forwarder, but only on condition that the customer brings the nature and extent of the
damage occasioned during the transport to the notice of the freight forwarder by means of the delivery note or consignment note, if possible providing details of its cause. The report shall be countersigned by the freight forwarder.
Where the goods are collected by the customer or its freight forwarder, risk shall pass to the customer when the goods are handed over on the PREFORM premises.


Defects:

PREFORM shall be notified in writing of evident defects or incorrect deliveries within one week. Deviations and tolerances of a technological nature that are customary in the trade in respect of dimensions, shape and unavoidable colour variations due to the nature of the materials (fabric, wood, etc.), shall not be deemed cause for complaint. Slight defects shall not be cause to withhold payment. Minor deviations in the goods in respect of dimensions, colour or design compared to illustrations, patterns or PREFORM sales literature shall not be deemed cause for complaint.
Deviations in colour and texture are attributable to production-related processes and shall not be deemed cause for complaint – particularly in the event of subsequent deliveries.
Where a complaint is justified, PREFORM shall be within its rights to remediate the goods or provide replacements. The customer shall be entitled to a rescission of the contract or reduction in the agreed price only if, when notified of the defect, PREFORM is unable to remediate or replace the goods within a reasonable period of time, or the remediation/replacement does not correct the defect. Goods may be returned only with the prior agreement of PREFORM. Returns occasioned by the customer shall be at the expense of same.


Acceptance of returns:

With the exception of covers defined as patterns, there is no general entitlement to return goods. Custom-made goods and specially procured items cannot be returned.


Warranty:

PREFORM shall assume warranty for a period of 24 months from delivery; this covers all and any defects caused by the materials used, the workmanship or the design. The warranty does not cover natural wear and tear or damage caused by improper treatment or want of care, e.g. mounting in new premises that are not yet dry, storage in humid environments, insufficient protection from strong thermal gain, inappropriate cleaning and use, wilful damage, and alterations by third parties.
The warranty does not cover custom-made goods, where the defect can be traced back to the customer’s specifications.
The liability for claims under the warranty shall apply only if the defect is notified in writing to PREFORM or its agents immediately upon discovery. The defective goods shall be removed from circulation without delay.
Claims under the warranty shall not be entertained if the customer continues to use or disposes of the goods after discovering the defect or after the defect should have been discovered. PREFORM shall not be held accountable for any work carried out by the customer, such as the securing of cupboards to walls,
electrification of office workstations, etc. The warranty does not cover damage caused by the customer or
third parties using force or carrying out inappropriate installation
work, alterations or repairs or improper maintenance.


Patterns and drawings:

PREFORM reserves all proprietary rights and copyrights in illustrations, drawings, sketches, other documents and patterns. They shall immediately be returned on request and may not be passed on to third parties without the agreement of PREFORM.


Sample goods:

Unless otherwise agreed, samples shall be returned within four weeks. Samples not returned within this period shall be deemed
purchased and an invoice raised accordingly. Custom-made samples shall be paid for.


Custom-made goods:

Custom-made goods are goods that are not manufactured in a standard production process and do not appear in price lists. Special colourways produced to match the customer’s colour samples are also deemed custom-made unless otherwise agreed in writing.


Payment:

Unless otherwise agreed in writing, PREFORM’s standard payment terms are 30 days net after date of invoice. Unauthorised deductions of discounts will be charged to the customer.
PREFORM reserves the right to request alternative payment modalities or payments on account / in advance.


Retention of title:

The goods supplied shall remain the property of PREFORM until all claims arising from the business relationship with the customer have been settled. The customer shall be entitled to dispose of the goods in the ordinary course of business provided it meets its obligations in respect of PREFORM in due time. It may, however, neither pledge the supplied goods nor assign title thereto by way of security.
In the event of a default by the customer PREFORM is entitled, following a reminder, to demand the provisional return of the supplied goods at the customer’s expense, without exercising the right of revocation or granting an extension. The customer herewith assigns to PREFORM as security all its claims and rights arising from the sale or rental (where this has been permitted) of the goods to which PREFORM has property rights. PREFORM hereby accepts that assignment.
Any processing of the supplied goods is performed on behalf of PREFORM. If the supplied goods are processed or inextricably combined with products that do not belong to PREFORM, the latter acquires joint title to the new object in proportion to the invoiced value of the supplied products compared with that of the other objects processed or inextricably combined, this being the value at the time of processing or combination.
If goods from PREFORM become an integral part of a mobile object and if that object is considered to be the main item, it is deemed agreed that the customer grants joint ownership to PREFORM to an extent which is proportionate to the value of PREFORM’s property in the new object in so far as the customer is the owner of the main item.
The customer undertakes to care for the property or joint ownership on behalf of PREFORM. The same applies to the item created by the processing or combining as to the goods supplied. The customer undertakes to notify PREFORM without delay of any enforcement orders by third parties relating to the goods supplied and for which assigned claims or other collateral exist, submitting all the documents required for PREFORM to intervene; this is deemed to apply equally to impairments of any kind.
PREFORM undertakes to release the above-mentioned collateral in its favour at the request of the customer to the extent that the recoverable value of the collateral exceeds the receivables by more than 10%.


Place of performance and of jurisdiction:

The place of performance in respect of delivery and payment is the domicile of PREFORM. The place of jurisdiction for all legal disputes arising from the contractual relationship in respect of the validity of this contract shall be exclusively the domicile of PREFORM insofar as the law does not specify otherwise.

Closing remark:

The invalidity or unlawfulness of individual provisions of this contract as deemed by a court of law shall not affect the legal force of the remaining provisions.


Data protection:

PREFORM stores the personal and company related data of its customers in compliance with the provisions of the German Federal Data Protection Act.

Data Privacy Notice in accordance with the specifications of the GDPR

1st Name and contact details of the controller and company data protection officer

This Data Privacy Notice applies to data processing by:

Controller:
PREFORM (Schweiz) AG
Zunstrasse 11
8152 Opfikon
Schweiz
E-mail: info@preform.ch
Telephone: +41 44 874 17 77
Fax: +41 44 874 17 67

2nd Collection and storage of personal data and the nature and purpose of its use

a) When you visit the website

When you visit our website, www.preform.ch , the browser you use on your device automatically sends information to our website’s server. That information is temporarily stored in a log file.

The following information is collected without action on your part and stored until it is deleted auto-matically:

  • the IP address of the requesting computer,
  • the date and time of access,
  • the Name and URL of the retrieved file,
  • website from which access is gained (referrer URL),
  • browsers used and, if applicable, your computer’s operating system and the name of your access provider,
  • the amount of data transmitted.

We process the specified data for the following purposes:

  • to guarantee smooth connection to the website,
  • to guarantee convenient use of our website,
  • to assess system security and stability, and
  • for further administrative purposes.

The legal basis for the data processing is Art. 6(1)(f) GDPR. Our legitimate interest results from the data collection purposes listed above. Under no circumstances do we use the collected data to draw conclusions about you.

We also use cookies and analysis services when you visit our website. For more details, see Sections 4 and 5 of this Data Privacy Notice.

b) When you use our contact form

Our website contains contact forms which can be used to contact us electronically. If a user makes use of that option, the data entered in the input screen is transmitted to us and stored. The personal data is:

(1) Company
(2) Last name
(3) First name
(4) Street/No.
(5) Town
(6) Postcode
(7) Telephone no.
(8) E-mail

Your consent to the processing of the data is obtained when you send the form and reference is made to this Data Privacy Notice.

The data processing for the purpose of contacting us is in accordance with Art. 6(1)(a) GDPR on the basis of your voluntarily granted consent.

We process the personal data from the input screen only for the purpose of processing the contact. The personal data entered in the input screen is used to protect our confidentiality interests and pre-vent misuse of the contact form, in particular by determining who sent the request. In the case of sending brochures to the user upon the user’s request, the personal data entered in the input screen is also used to contact the user after the controller or a third party (e.g. a sales representative of the controller) has sent the desired brochure.

The personal data we collect for processing of the contact form is deleted automatically once your request has been closed. In the case of sending brochures, the user’s request is only closed when the user notifies the controller that he or she is no longer interested in the product, but no later than 12 months after sending the desired brochure.

You have the option of withdrawing your consent to the processing of your personal data at any time. If you do so, your request can no longer be processed.

3rd Collection, processing, storage and transfer of data

Your personal data will not be collected by, stored by and/or transferred to third parties other than for the purposes listed below.

We will only transfer your personal data to third parties if:

  • you have given your express consent in accordance with Art 6(1)(a) GDPR,
  • it is legally permissible and is necessary for the performance of a contract to which you are party in accordance with Art. 6(1)(b) GDPR,
  • the transfer is necessary for compliance with a legal obligation in accordance with Art 6(1)(c) GDPR,
  • processing is necessary in order to protect the vital interests of the data subject or of another natural person in accordance with Art 6(1)(d) GDPR,
  • processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us in accordance with Art. 6(1)(e) GDPR, and
  • transfer is needed to assert, exercise or defend legal claims and there is no reason to assume that you have an overriding legitimate interest in not transferring your data in accordance with Art. 6(1)(f) GDPR.

4th Cookies

We use cookies on our website. Cookies are small files which your browser generates automatically and which are stored on your device (laptop, tablet, smartphone, etc.) when you visit our website. Cookies do not damage your device or contain viruses, trojans or other malware.

The cookies contain information which is connected to the specific device used. That does not mean, however, that they directly reveal your identity to us.

We use cookies to make use of our services more pleasant for you. For example, we use session cookies to detect if you have already visited individual pages on our website. Those are automatically deleted when you exit our website.

Moreover, to optimise user friendliness, we use temporary cookies which are stored on your device for a set period of time. If you visit our website again to make use of our services, the cookie will automatically recognise that you have already been and what settings and inputs you have made so you do not have to re-enter them.

We also use cookies to record statistics on and assess the use of our website so we can optimise our offer (see Section 5). If you visit our website again, these cookies enable us to detect that you have already visited it before. These cookies are deleted automatically after a set period.

The data processed by cookies is necessary to protect our legitimate interests or those of a third party for the specified purposes in accordance with Art. 6(1)(f) GDPR.

Most browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or a notification always appears before a new cookie is stored. If you disable cookies completely, however, you may not be able to use all of the functions on our website.

5th Analysis/tracking tools

We use the tracking measures listed below on the basis of Art. 6(1)(f) GDPR. By using the tracking measures, we intend to ensure a needs-based design and ongoing optimisation of our website. We also use the tracking measures to record statistics on and assess the use of our website with a view to optimising our offer for you. Those interests are to be regarded as legitimate within the meaning of the aforementioned provision.

The relevant data processing purposes and data categories can be found in the corresponding track-ing tools.

a) Google Analytics

With a view to providing a needs-based design and continuing to optimise our website, we use Google Analytics, a web analysis service of Google Inc. (https://www.google.de/intl/en/about/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter “Google”). In this context, pseudonymised usage profiles are created and cookies (see Section 4) are used. The information generated by the cookie about your use of this website, such as

  • browser type/version,
  • operating system being used,
  • referrer URL (the page previously visited),
  • hostname of the accessing computer (IP address),
  • time of server query,

is sent to a Google server in the USA and stored there. The information is used to evaluate the use of the website, compile reports on website activity, and provide other services related to website activity and internet usage for the purposes of market research and tailoring of this website. Google may also transfer this information to third parties where required to do so by law or if third parties process the data on behalf of Google. Google will in no event link your IP address with other data from Google. The IP addresses are anonymised so that assignment is not possible (IP masking).

Although you can adjust your browser software to prevent the installation of cookies, we would point out that if you do so, you might not be able to make full use of all the functions on this website.

You can also prevent Google from collecting and processing the data collected by cookies relating to your use of the website (including your IP address) by downloading and installing the browser add-on (https://tools.google.com/dlpage/gaoptout?hl=en).

As an alternative to the browser add-on, in particular for browsers on mobile devices, you can prevent collection by Google Analytics by clicking on this link. An opt-out cookie will be set which will prevent your data from being collected in future when you visit this website. The opt-out cookie is only valid in this browser and only for our website, and is stored on your device. If you delete cookies in this browser, you will need to set the opt-out cookie again.

For more information on data privacy in connection with Google Analytics, please refer to the Google Analytics help tool (https://support.google.com/analytics/answer/6004245?hl=en).

b) Google AdWords Conversion Tracking

To record statistics on the use of our website and assess them for the purpose of optimising our website for you, we also use Google Conversion Tracking. In that regard, Google AdWords sets a cookie (see Section 4) on your computer if you have reached our website via a Google ad.

These cookies expire after 30 days and cannot be used to identify you personally. If the user visits certain pages on the AdWords customer’s website and the cookie has not yet expired, Google and the customer can detect that you have clicked on the ad and have been redirected to this website.

Every AdWords customer receives a different cookie. Cookies therefore cannot be tracked via Ad-Words customer websites. The information gathered using the conversion cookie is used to generate conversion statistics for AdWords customers who have opted for conversion tracking. AdWords customers are told the total number of users who have clicked on their ad and who were redirected to a page with a conversion tracking tag. They do not, however, receive information which can be used to identify users personally.

If you do not want to participate in the tracking process, you can also opt out of the required setting of a cookie – for example, by means of a browser setting which disables the automatic setting of cookies in general. You can also disable cookies for conversion tracking by setting your browser to block cookies from the domain “www.googleadservices.com”. You can find Google’s privacy policy for conversion tracking here (https://services.google.com/sitestats/en.html).

6th Google Maps

This website uses the map service Google Maps via an API. The provider is Google Inc., 1600 Amphi-theatre Parkway, Mountain View, CA 94043, USA.

To use the Google Maps feature, it is necessary to store your IP address. In general, this information is sent to a Google server in the USA and stored there. The provider of this website has no influence on the data transfer. We use Google Maps in the interest of presenting our online offers attractively and making the locations we have indicated on our website easy to find. This constitutes a legitimate interest within the meaning of Art. 6(1)(f) GDPR. Before you use the Google map, we also expressly point out that you are using a map from Google Maps. You must acknowledge the notice to load the map. For more information on the handling of user data, please refer to the Google Privacy Policy: https://www.google.de/intl/en/policies/privacy/.

7th Rights of the data subject

You have the right:

  • in accordance with Art. 15 GDPR, to obtain information on the personal data concerning you which we process. In particular, you may obtain information on the purposes of the processing, the cate-gory of personal data, the categories of recipient to whom your data has been disclosed, the envisaged retention period, the existence of the right to request rectification, erasure, restriction of processing or objection, the existence of the right to lodge a complaint, the source of your data if you did not provide it to us, and the existence of an automated decision-making, including profiling and, where appropriate, meaningful information about the details involved;
  • in accordance with Art. 16 GDPR, to obtain without undue delay the rectification of inaccurate per-sonal data or the completion of your personal data stored with us;
  • in accordance with Art. 17 GDPR, to obtain erasure of your personal data stored with us, except where processing is required to exercise the right to freedom of expression and information, to comply with a legal obligation, for reasons of public interest or for the establishment, exercise or defence of legal claims;
  • in accordance with Art. 18 GDPR, to obtain restriction of the processing of your personal data where (a) you contest the accuracy of the personal data (b) the processing is unlawful, but you op-pose its erasure, (c) we no longer need the data, but you require the data for the establishment, exercise or defence of legal claims, (d) you object to the processing in accordance with Art. 21 GDPR;
  • in accordance with Art. 20 GDPR, the right to receive your personal data which you have provided in a structured, commonly used and machine-readable format or to request transmission of it to another controller;
  • in accordance with Art. 7(3) GDPR, to withdraw your consent at any time. As a result, we are not allowed to continue the data processing on the basis of this consent in the future; and
  • in accordance with Art. 77 GDPR, to lodge a complaint with a supervisory authority. As a rule, you may contact the supervisory authority of your usual place of residence or work or of our company headquarters.

8th Right to object

If your personal data is process on the basis of legitimate interests in accordance with Art. 6(1)(f) GDPR, you have the right to object against the processing of your personal data in accordance with Art. 21 GDPR, provided that there are grounds for that arising from your particular situation or the objection is against direct advertising. In the latter case, you have a general right to object, which we will implement without the need to specify a particular situation.

If you would like to exercise your right to withdraw or object, please send an e-mail to info@preform.ch .

9th Data security

We use the common SSL (Secure Socket Layer) procedure during the website visit in conjunction with the highest level of encryption supported by your browser. In general, this is a 256-bit encryption. If your browser does not support 256-bit encryption, we will use 128-bit v3 technology instead. The closed key or lock icon in the status bar of your browser indicates whether an individual page of our website is encrypted.

We also take appropriate technical and organisational security measures to protect your data against accidental or intentional manipulation, partial or total loss, destruction or unauthorised third-party ac-cess. Our security measures are constantly improved in line with technological developments.

10th Updates and amendments to this Data Privacy Notice

This is the current version of the Data Privacy Notice and is valid as of May 2018.

Owing to the development of our website and its offers or changes to legal or regulatory provisions, it may be necessary to amend this Data Privacy Notice. You can view and print the current Data Privacy Notice at any time via the website at www.preform.ch.



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