General terms and conditions of business

privacy policy

Learn how we protect and use your data. We take your privacy seriously. Learn about our data protection practices.

Welcome to Suseo GmbH and our website and our online marketplace at www.gaito.ch . This privacy policy governs the use of the online marketplace of Suseo GmbH, Claridenstrasse 36, 8002 Zurich, Switzerland ("Suseo", "we", "us" or "our").

SCOPE

1. An online marketplace is provided under the domain www.gaito.ch . Various natural and legal persons and partnerships (“commercial users of the marketplace”) can post offers for sale of goods on this online marketplace, provided that their offer, purchase or publication does not violate any relevant legal or contractual provisions.
2. In addition to the product selection, customers can choose between different suppliers. In their function as legal sellers, these are already named as such in the offer presentation under "Seller:" and are listed as part of the order processing.

REGISTRATION AND ACCOUNT

1. In principle, our website can be used without registration. Only the use of certain functions/services on our website and purchases via the online marketplace require the registration of a personal customer account (“account”).
2. There is no general right to register and use the functions of our website.
3. Individual adult and fully legally competent natural persons (but not groups of persons such as families or married couples), legal entities and partnerships can register.
4. Furthermore, the following conditions apply to the creation of an account:
• Account registration is free.
• When registering an account, the customer must provide a title, his full name and email address, and choose a password (access data). The customer is responsible for ensuring that the information he provides during registration is true and complete. If a customer provides incorrect or incomplete information, Suseo is entitled to terminate and delete the customer's account without notice.
• Under no circumstances is the customer authorized to disclose his access data and in particular his access password to third parties. Should third parties nevertheless gain access to the customer's account or the customer has other indications of misuse of his account, the customer must inform Suseo immediately and change his access data.
• Multiple registrations of a customer are not permitted.
• Deregistering an account is also quick and easy. The customer can use the "Deregister account" link in the "My Account" administration. The deregistration process for the account will be initiated immediately.
• In the event of misuse, Suseo reserves the right to immediately delete the account and initiate legal action.

CONCLUSION OF PURCHASE CONTRACT AND ORDER PROCESSING

1. The contracts are concluded exclusively between customers and sellers of the online marketplace.
2. The order itself – from recording to reversal – is processed via the marketplace’s systems, but the legal responsibility for both the offer itself and the execution of the order generally lies with the respective seller.

PAYMENT PROCESSING

1. To process payments between customers and sellers, the seller has used Suseo GmbH, which in turn uses “Shopify” (the “payment service provider”). The payment service provider is authorized to offer payment services.
2. The payment service provider offers payment services for the processing of contracts for the purchase and sale of products between the customer and the seller, which are concluded on www.gaito.ch . The payment service provider accepts the payments from customers using the various payment methods for the seller in its own account at a credit institution and pays the funds from the sale of the products to the seller.
3. For payment, customers can choose between the payment options provided on www.gaito.ch or the payment methods offered by various service providers.
   
   
   

DATA PROTECTION

1. Your personal data will be processed in compliance with your legal position under data protection law. In order to carry out the service, it is necessary that the data you provide is forwarded to the provider of the respective service used in order to enable the provider to authenticate the customer and to provide the services commissioned as part of the service (e.g. shipping and billing of ordered goods).
2. The data you enter during check-out for the purpose of ordering will be processed as part of your order and the associated processes and, in this context, may be passed on to third parties from Switzerland and the EU as well as third countries, in particular the respective sellers and the payment service provider/payment method provider.
3. In addition to the transfer of the data necessary to fulfill the legal transaction as part of the order processing, the sellers also have access to the complaints system and can view the message exchange there regarding the tickets.
4. Further information can be found in the privacy policy.

DIRECT MARKETING

1. If customers have purchased via the online marketplace, Suseo also uses the email address provided in connection with the purchase for service information such as satisfaction surveys and for advertising its own similar offers by email. In such a case, only direct advertising for its own similar goods or services will be sent by email. The processing can be objected to at any time. The revocation must be communicated in text form to the following address: info @gaito.ch or the link provided in each email can be used to completely unsubscribe from the newsletter/direct advertising. This also makes it possible to revoke the consent to the storage of the personal data collected during the registration process.

NO LIABILITY FOR PARTNERS

As a marketplace operator, we may work with various partners who also offer services on their websites that are accessible through our websites. These partners may have their own privacy statements and/or policies. We are not responsible for the content and privacy statements of our partners.

COPYRIGHT/TRADEMARK RIGHTS

The content on our website is protected by copyright. Downloading all content without our consent is permitted solely for private, non-commercial use. Linking is only permitted with our consent. The use and exploitation of all logos and brands by third parties is prohibited.

WARRANTY/LIABILITY

1. Suseo endeavors to provide all functionalities of the website as permanently and trouble-free as possible. However, due to technical circumstances such as configuration changes, maintenance, device failure, etc., this cannot be guaranteed without gaps. In the event of a service failure, Suseo will endeavor to restore faultless usability as soon as possible. Suseo is not liable for any consequences resulting from a lack of (complete) usability. Suseo reserves the right to only provide all functionalities of the website with a reduced and/or modified range of functions in the future, or to discontinue them entirely. The customer has no contractual right to (continued) usability of this (free of charge) service. The respective providers are solely responsible for the provision of services within the scope of the individual offers. Suseo is not liable for any claims resulting from this. The same applies to other contributions from independent third parties such as an Internet provider.
2. Furthermore, Suseo is only liable for claims for damages by the customer resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as for other damages that are based on an intentional or grossly negligent breach of duty by the marketplace operator, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract. In the event of a breach of essential contractual obligations, Suseo is only liable for the damage that is typical for the contract and foreseeable if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, body or health.

TERM OF USE AND TERMINATION

1. Both Suseo and the customer can terminate the user relationship at any time without notice. As part of the account management, the customer can initiate the deletion of the account at any time. The customer can use the "Log out of account" link in the "My Account" management to do so.
2. Termination by the marketplace operator is particularly likely to occur if the customer violates the provisions of these general terms and conditions. Until such incidents are resolved, the user data may simply be blocked.

OTHER IMPORTANT CONDITIONS

1. We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these terms. In any case, we will notify you on this page if this happens.
2. You may not transfer your rights or obligations under these Terms to anyone else unless we agree to them in writing.
3. This Agreement is between you and us. No other person has any right to enforce any of its terms.
4. Each of the paragraphs in these Terms operates separately. If any court or competent authority decides that any of the paragraphs is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and it will not mean that you do not have to comply with those obligations. If we waive any default by you, we will only do so in writing and that will not mean that we automatically waive any subsequent default by you.
6. These Terms do not create a joint venture, partnership, agency or employment relationship.
7. These Terms and any documents expressly referred to in them constitute the entire agreement between us relating to their subject matter and supersede and cancel all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to such subject matter. You agree that you will have no remedy in respect of any statement, representation, promise or warranty (whether made innocently or negligently) which is not contained in these Terms or in any document expressly referred to in them. You agree that you will have no claim for any innocent or negligent misrepresentation or any negligent misstatement based on any statement in these Terms or any document expressly referred to in them.
8. Each of the terms in these Conditions operates separately. If any court or competent authority decides that any of these terms are unlawful or unenforceable, the remaining terms will continue in full force and effect.
9. These Terms and the relationship between you and us are governed by Swiss law and you agree to submit to the exclusive jurisdiction of the courts of Switzerland.