TLC Trading GmbH (Teleshop.ch)
For business relations between us and our customers, the following General Terms and Conditions (GTC) shall apply exclusively, unless otherwise expressly agreed by us in writing or confirmed in writing. The subject of these terms and conditions is the sale of any articles sold by us including all accessories. Our offers are subject to change without notice with regard to services, delivery period and ancillary services. We expressly reserve the right to make technical changes. In each case the prices from the day of the order are valid. These are mentioned again in the order confirmation. The goods remain the property of TLC Trading (Teleshop.ch) until full payment has been received.
TLC Trading (Teleshop.ch) can charge the customer the postage and the return postage resulting from the return for parcels or cash on delivery that have not been collected.
For customers outside Switzerland:
Please note that additional customs fees may apply when shipping from Switzerland to the EU. Please check with your customs office before purchasing.
For parcels that are not collected, we will refund the purchase price without postage.
Conclusion of contract:
The contract is concluded through acceptance of the customer order by TLC Trading (Teleshop.ch). The customer is informed about the conclusion of the contract verbally by the confirmation on the order side or with telephone orders. The customer agrees that a credit check will be carried out when ordering on account. Should this evaluation turn out negative, TLC Trading (Teleshop.ch) reserves the right to deliver the articles only against prepayment or cash on delivery.
Costs in case of default of payment:
a) Reminder fee CHF 30 from the second reminder level on.
b) Processing fee (at the earliest from day 80 after date of invoice upon transfer to collection service provider) depending on amount of claim in CHF: 30 (up to 100); 60 (up to 200); 90 (up to 300); 120 (up to 400); 150 (up to 500); 180 (up to 1'000); 280 (up to 2'000); 380 (up to 4'000); 10% of the claim (from 4'000).
Right of withdrawal:
Every order can be cancelled within a period of 2 weeks (14 days) after receipt of the consignment by returning the goods. The customer has the right to inspect the article as it is possible and customary in a normal retail shop. The article must be returned clean and in perfect condition. We reserve the right to claim a reduction in value in the case of used or damaged returned goods. Hygiene and cosmetic articles cannot be returned after the packaging has been opened. Please also note the return receipt which you receive with your order. Costs for returns will be borne by the customer. The customer is also obliged to return the goods in such a way that no damage occurs during transport. Upon receipt of the goods by TLC Trading (Teleshop.ch), the purchase price (if already paid) will be refunded. Please enter your bank details. In case of justified claims for depreciation (see above) we reserve the right to reduce the refund amount accordingly. Copyright regulations for sound carriers, data carriers, DVD`s etc. For copyright reasons, the right of withdrawal expires if the packaging of CDs, DVDs, software, etc. is unsealed.
Unless expressly stated otherwise with the product, the warranty shall be in accordance with the statutory provisions, starting from receipt of the goods. Any further guarantees of the manufacturer remain unaffected.
Transport damage / obvious defects / hidden defects:
In the case of obvious defects in the goods and transport damage, the customer is obliged to notify us of these within 14 days of delivery of the goods at the latest. The customer may contact us either in writing, by e-mail at kundendienst(at)teleshop.ch, by telephone (043/355 07 73) or by fax (043/355 07 74). If this deadline is missed, warranty rights due to an obvious defect are excluded. Defects that cannot be discovered within 2 weeks despite careful inspection must be reported to us immediately after discovery. If it concerns justified notices of defects within the grant period, free replacement delivery or subsequent improvement shall be made at our discretion. If the replacement delivery or subsequent improvement fails, a reduction in payment (reduction) or rescission (withdrawal) of the contract may be demanded. Compensation can be made for the personal procurement of replacement goods.
Swiss law applies exclusively.
We reserve the right to change our General Terms and Conditions at any time and without giving reasons. Such changes do not apply to orders already placed. By placing an order, the respective valid general terms and conditions are accepted. Should any provision of these General Terms and Conditions be invalid, the remaining provisions shall remain unaffected.
2. conclusion of contract and user account
(1) By completing the online registration process and creating a profile, a user contract is concluded with the operator. The object of the user contract is the free use of the profile.
(2) The creation of a user account is required for the creation of a profile. This consists of a user name and a password ("log-in data").
(3) The creation of a user account is only possible by providing a current e-mail address of the user. This e-mail address is also used for communication with the operator.
(4) The user assures that the data used when creating his profile ("profile data") are accurate and complete. The use of pseudonyms is not permitted.
(5) The contract language is exclusively German.
(6) With any communication of the user with other users, any contractual relationships arise exclusively between the users involved. The operator is neither a representative nor a contractual partner.
3. use of the profile
(1) When using the profile, the user can make use of various services:
- The user has the possibility to publish his own content "ratings" within the portal.
(2) The operator is entitled to block access to individual contents at any time, e.g. if it is suspected that these violate applicable law or the rights of third parties. The user has no claim to the maintenance of individual functionalities of the portal.
(3) The operator makes every effort to ensure the smooth operation of the portal. This is naturally limited to services over which the operator has an influence. The Operator is at liberty to restrict access to the Portal in whole or in part, temporarily or permanently, due to maintenance work, capacity requirements and other events beyond the Operator's control.
4. obligation of the user to cooperate: posting of contents
(1) The user undertakes to observe applicable law (e.g. criminal law, competition law and youth protection law) when creating and using his own content and not to infringe the rights of third parties (e.g. name, trademark, copyright and data protection rights).
(2) The user undertakes vis-à-vis the operator to ensure that any content placed on the portal does not violate any applicable law or morality by its content or form. The same applies to the setting of external links. In particular, it is not permitted to disseminate content that is
- Glorification of violence and extremism of any kind
- inciting and inciting to criminal offences and violations of the law, threats to life, limb or property
- rushing against persons or companies
- personality offensive statements, defamation, defamation and slander by users and third parties as well as violations of the fair trading law
- copyright infringing content or other infringements of intellectual property rights
- sexual harassment of users and third parties
- offensive, sexist, obscene, vulgar, abominable or disgusting materials and expressions
represent, concern or contain.
(3) Copyright-protected content may only be included literally in articles without the consent of the respective copyright holder within the scope of the applicable citation law. Quotations are to be identified by highlighting by means of a quotation function and a reference to the source. Foreign-language quotations must also be translated into German to the extent that the content is roughly visible. In particular, incorrectly quoted contributions may be removed or corrected by the moderators. The distribution and/or public reproduction of any content of the portal without the consent of the operator is prohibited.
5. further duties of cooperation of the user
(1) The user may only use the portal for private purposes without the express permission of the operator and may not advertise for himself or third parties. This means in particular that the user may not use any messages advertising content without the consent of the operator and the recipient (in particular: spam messages).
(2) In the event that the user uses the opportunity to inform third parties about the existence of the portal via the recommendation function provided by the operator, he must ensure that the third party agrees to the sending of the advertising recommendation e-mail.
(3) In the event that the contents contain hyperlinks to the pages of third parties, the user warrants that he is authorized to use the hyperlink and that the website to which reference is made ("landing page") is compatible with applicable law and the rights of third parties.
(4) The user is obliged to handle the log-in data carefully. Without exception, the user is prohibited from disclosing the log-in data to third parties and/or allowing third parties access to the profile by circumventing the log-in data.
(5) The user must refrain from any activity that could impair and/or excessively burden the operation of the portal or the underlying technical infrastructure. This includes in particular:
- the use of software, scripts or databases in connection with the use of the portal;
- the automatic reading, blocking, overwriting, modifying, copying of data and/or other contents, as far as this is not necessary for the proper use of the portal;
(6) In addition, it is not permitted to violate the anonymity of other users or to disclose information from other users from private messages, e-mails or chats that are not intended for the public. Users may not include in their contributions or otherwise make known any information which could reveal the identity of another user or which the user has received from other users exclusively in private messages, e-mails or chats.
(7) Should disruptions occur during the use of the portal or its functionalities, the user will immediately inform the operator of this disruption. The same shall apply if the user obtains information about content published by third parties which obviously violates applicable law or the rights of third parties.
6. rights of use
(1) The user grants the operator a spatially and temporally unlimited, irrevocable, non-exclusive, royalty-free right, transferable to third parties, to utilize the posted content in the online offer. The operator is entitled to use, edit and exploit the contents at any time. This includes in particular the right of reproduction, the right of distribution and the right of public reproduction, in particular the right of public accessibility. The user waives the right to copyright. This provision does not affect the user's right to grant third parties rights to content under certain licensing models.
(2) All rights to the contents of the portal lie with the operator. The user is prohibited from duplicating, distributing and/or publishing content that the operator, other users or third parties have uploaded to the portal.
(1) Unlimited liability: The operator is liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. For slight negligence, the operator is liable for damages resulting from injury to life, limb and health of persons.
(2) Otherwise, the following limited liability shall apply: In case of slight negligence, the Operator shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the User may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies to the benefit of the operator's vicarious agents.
8. right to exemption
The user indemnifies the operator and its employees or agents against all claims of third parties in the event of claims based on alleged or actual infringement of rights and/or infringement of rights of third parties by actions undertaken by the user in connection with the use of the portal. In addition, the User undertakes to reimburse all costs incurred by the Operator as a result of claims made by third parties. Reimbursable costs also include the costs of an appropriate legal defence.
9. personal data
(1) The user hereby consents to the storage of the personal data entered by him. This also applies to the storage of the IP addresses that are transmitted each time the portal is used. In particular, the user also consents to the presentation of the personal data entered by him in his profile representation within the portal for other users of the portal and third parties who are not users of the portal.
(2) The user also consents to the use of his personal data for the personalization of advertisements placed in the portal (personal data is not passed on to the advertisers). The user further agrees that third party advertisements of any kind may be placed on his profile pages.
(3) The use of the portal makes the collection, processing and use of personal data by the operator unavoidable. The operator assures to handle all stored data carefully and to process them exclusively within the framework of the user's data protection consent. Any further use of personal data by the operator shall only take place if this is legally permissible or if the user has given his prior consent.
(4) The user further agrees that the operator may use the user's personal data for direct marketing purposes. This includes the advertising address of the user by e-mail and by post.
10. contract duration/termination
(1) The contract runs for an indefinite period and can be terminated by either party at any time without notice and without giving reasons.
(2) In addition and beyond this, the right of the parties to terminate the contractual relationship by extraordinary termination for good cause remains unaffected.
(3) An important reason for the operator to terminate this contract exists if the customer persistently violates his obligations according to Clause 4 or 5 of this contract.
11. final provisions
(1) Should the contract contain ineffective regulations, the effectiveness of the rest of the contract remains unaffected.
(2) Only Swiss law shall apply to the present contract.
TLC Trading GmbH, Grindelstrasse 15 (from 01.07.2018 Grindelstrasse 12, CH-8303 Bassersdorf, Germany) is operator of the websites Teleshop.ch, Slimshop.ch Genialo.ch and the services offered thereon and therefore responsible for the collection, processing and use of your personal data and the compatibility of data processing with applicable data protection law.
Your trust is important to us, which is why we take the subject of data protection seriously and ensure appropriate security. Of course, we observe the statutory provisions of the Federal Data Protection Act (DSG), the Ordinance on the Federal Data Protection Act (VDSG), the Telecommunications Act (FMG) and other applicable data protection provisions of Swiss or EU law, in particular the Basic Data Protection Ordinance (DSGVO).
Please note the following information so that you know which personal data we collect from you and for which purposes we use it.
Calling up our website
When you visit our website, our servers temporarily store each access in a log file. The following technical data will be recorded without your intervention, as is the case with every connection to a web server, and stored by us until deletion after 2 months at the latest:
- the IP address of the requesting computer,
- the name of the owner of the IP address range (usually your Internet access provider),
- the date and time of the access,
- the website from which the access was made (referrer URL), if applicable with the search word used,
- is the name and URL of the retrieved file,
- The status code (for example, error message),
- the operating system of your computer,
- the browser you are using (type, version and language),
- the transmission protocol used (e.g. HTTP/1.1) and
- Your user name from a registration/authentication, if applicable
This data is collected and processed for the purpose of enabling the use of our website (establishing a connection), ensuring system security and stability over the long term and enabling the optimisation of our Internet offering as well as for internal statistical purposes. This is our legitimate interest in data processing within the meaning of Art. 6 para. 1 lit. f DSGVO.
Opening a customer account
To place orders in the online shop, you can order as a guest or open a customer account. When you register for a customer account, we collect the following data:
- First name and surname
- mailing address
- date of birth
- Email Address
The data is collected for the purpose of providing the customer with password-protected direct access to the basic data stored by us. The customer can view his completed and open orders or manage or change his personal data. The legal basis for the processing of the data for this purpose lies in the consent given by you pursuant to Art. 6 para. 1 lit. a EU-DSGVO.
Purchasing in the online shop
If you would like to place orders in our online shop, we need the following data for the processing of the contract:
- First name and surname
- Billing address (and if different delivery address)
- Payment details (depending on the payment method chosen)
- Login data, i.e. e-mail address and password (for registered customers)
Disclosure of data to third parties
Transmission of data abroad
We are entitled to transfer your personal data to third companies (contracted service providers) abroad for the purpose of the data processing described in this data protection declaration. These are obliged to the same extent as we ourselves to data protection. If the level of data protection in a country does not correspond to that in Switzerland or Europe, we will contractually ensure that the protection of your personal data corresponds to that in Switzerland or the EU at all times.
- Microsoft's Windows Internet Explorer
- Microsoft's Windows Internet Explorer Mobile
- Mozilla Firefox
- Google Chrome for Desktop
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- Google Chrome for Mobile
- Apple Safari for Desktop
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- Apple Safari for Mobile
Disabling cookies may prevent you from using all the features of our website.
a. General information
We use the web analysis service of Google Analytics for the purpose of designing and continuously optimizing our website to meet your needs. In this context, pseudonymised user profiles are created and small text files stored on your computer ("cookies") are used. The information generated by the cookie about your use of this website will be transmitted to the servers of the providers of these services, stored there and processed for us. In addition to the data listed under point 1, we may receive the following information:
- Navigation path followed by a visitor to the site,
- order value
- Time spent on the website or subpage,
- the underside on which the website is left,
- the country, region or city from which access is made,
- End device (type, version, color depth, resolution, width and height of the browser window) and
- Recurring or new visitor.
This information is used to evaluate the use of the website, to compile reports on website activity and to provide other services relating to website and Internet use for market research purposes and to tailor this website to meet requirements. This information may also be transferred to third parties if this is required by law or if third parties process this data on behalf of third parties.
b. Google Analytics
Google Analytics is offered by Google Inc, a company of the holding company Alphabet Inc, headquartered in the USA. Before the data is transmitted to the provider, the IP address is shortened by activating IP anonymisation ("anonymizeIP") on this website within the member states of the European Union or in other contracting states of the Agreement on the European Economic Area. The anonymous IP address transmitted by your browser as part of Google Analytics is not merged with other Google data. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. In such cases, we provide contractual guarantees to ensure that Google Inc. maintains an adequate level of data protection. According to Google Inc., in no case will the IP address be associated with other data relating to the user. Further information about the web analysis service used can be found on the Google Analytics website. For instructions on how to prevent your data from being processed by the web analysis service, please visit http://tools.google.com/dlpage/gaoptout?hl=en.
c. Econda Analytics
In order to design and optimize this website according to your needs, anonymized data will be collected and stored by solutions and technologies of econda GmbH Zimmerstr. 6 DE-76137 Karlsruhe and user profiles using pseudonyms will be created from this data. Cookies can be used for this purpose to enable the recognition of an Internet browser. However, user profiles are not merged with data on the bearer of the pseudonym without the express consent of the visitor. In particular, IP addresses are made unrecognisable immediately after receipt, so that it is not possible to assign user profiles to IP addresses. Visitors to this website can object to this data collection and storage at any time for the future here. The objection only applies to the device and the web browser on which it was set, please repeat the process on all devices if necessary. If you delete the opt-out cookie, requests will be sent to conda again.
For the use of retargeting and banner advertising, we use services from third parties which set cookies on our site. They are the following providers:
- Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland https://www.facebook.com/about/privacy
- Doubleclick by Google, Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; https://www.google.de/intl/de/policies/technologies/ads/
Conversion measurement with the visitor action pixel of Facebook
Customers have the opportunity to subscribe to our electronic newsletter. If you no longer wish to receive newsletters, you can simply unsubscribe by clicking on the "unsubscribe" button. We use the third party CleverReach GmbH & Co. KG to send and create the newsletter. KG Mühlenstr. 43 DE-26180 Rastede. The company provides us with evaluation tools with which we can measure the success of the newsletters sent.
The information generated by the cookie is transmitted to the servers of the provider of these services, stored there and processed for us. Among other things, the following information is recorded: Opening and clicking behaviour.
Note on data transfers to the USA
For reasons of completeness, we would like to point out to users resident or domiciled in Switzerland that US authorities have taken surveillance measures in the USA which generally allow the storage of all personal data of all persons whose data has been transferred from Switzerland to the USA. This is done without differentiation, limitation or exception based on the objective pursued and without an objective criterion that would allow the US authorities to restrict access to the data and its subsequent use to very specific, strictly limited purposes, which could justify the intervention associated both with the access to this data and with its use. In addition, we would like to point out that in the United States there are no legal remedies available to data subjects from Switzerland that would allow them to access, rectify or delete data concerning them, or that there is no effective legal protection against general access rights of US authorities. We explicitly draw the attention of those concerned to this legal and factual situation in order to make an informed decision to consent to the use of their data. We draw the attention of users residing in an EU member state to the fact that, from the point of view of the European Union, the USA does not have an adequate level of data protection - partly due to the issues mentioned in this section. Insofar as we have explained in this data protection declaration that recipients of data (such as Google) are based in the USA, we will ensure that your data is protected at an appropriate level by our partners, either through contractual arrangements with these companies or by ensuring that these companies are certified under the EU or Swiss-US Privacy Shield.
Right to information, rectification, deletion and limitation of processing; right to data transferability
You have the right to request information about the personal data we store about you. In addition, you have the right to correct incorrect data and the right to delete your personal data, insofar as there is no legal obligation to retain or an act of permissibility which allows us to process the data. You also have the right to demand that we return the data that you have provided to us (right to data portability). Upon request, we will also pass on the data to a third party of your choice. You have the right to receive the data in a common file format. You can contact us for the above-mentioned purposes via the e-mail address firstname.lastname@example.org . For the processing of your requests, we may, at our own discretion, require proof of identity.
We use suitable technical and organisational security measures to protect your personal data stored with us against manipulation, partial or complete loss and against unauthorised access by third parties. Our security measures are continuously improved in line with technological developments. You should always treat your access data confidentially and close the browser window when you have finished communicating with us, especially if you share your computer with others. We also take internal data protection very seriously. Our employees and the service companies commissioned by us have been obligated by us to secrecy and compliance with data protection regulations.
Storage of data
We only store personal data for as long as is necessary to use the above tracking and analysis services and further processing in the context of our legitimate interest. Contract data will be stored by us for a longer period of time, as this is prescribed by statutory storage obligations. Obligations to retain data, which oblige us to store data, result from accounting regulations and tax regulations. According to these regulations, business communication, concluded contracts and accounting vouchers must be stored for up to 10 years. If we no longer need this data to carry out the services for you, the data will be blocked. This means that the data may then only be used for accounting and tax purposes.
Right to complain to a data protection supervisory authority
You have the right to complain to a data protection supervisory authority at any time.
Status: May 2018