Terms & Conditions & Privacy Policy of Livingdreams

Imprint

LIVINGDREAMS Nicole Hoch
Naumattstrasse 13
CH-6045 Meggen

Telefon: +41 44 793 30 33
E-Mail: meilen@livingdreams.ch


Order

LIVINGDREAMS accepts orders by e-mail, letter or telephone.


Delivery conditions

Orders and reservations are executed only after the down payment of half of the purchase price. The deposit is not refundable after withdrawal from the contract of sale for reasons that lie with the buyer. Depending on stock, the objects are immediately available from Showroom Meilen or Showroom Meggen, otherwise the delivery time is about 2-3 months. LIVINGDREAMS assumes no liability for delays in delivery. By concluding the purchase contract, the buyer declares that he has taken note of the General Terms and Conditions and agrees with their content.

General terms and conditions of sale and delivery

1. General
These terms and conditions of sale and delivery are binding for the buyer. Other conditions of the purchaser / buyer are only valid if they have been expressly accepted by LIVINGDREAMS in writing. With the order of the goods these conditions are considered as accepted. All agreements and legally relevant declarations of the customer / buyer must be in writing to be valid. Separate General Terms and Conditions apply to purchases made via the online store. These contractual provisions are subsidiary.

2. Offer and conclusion of contract
With the down payment or full payment of the item(s) the purchase contract is concluded. These General Terms and Conditions of Contract are thereby approved by the buyer.

3. Prices
The stated sales price includes value added tax, unless this is stated separately. Not included is the transport to the respective destination of the ordered items. For our expenses in connection with the measurement at the customer‘s premises and a visualization, we charge a flat fee of CHF 750.- / Euro 750.-. This fee is included in the purchase price and will only be charged to our customer if no order for the measured and visualized object is placed within 3 months.

4. Terms of payment
As a rule, the purchased items are to be paid in cash or by debit or credit card upon handover or delivery. For items that LIVINGDREAMS does not have in stock and that must be produced in advance, the customer must pay half of the purchase price as a deposit. The remaining price is to be paid step by step upon delivery. Place of performance is the registered office of LIVINGDREAMS in Meggen. If the buyer withdraws from the contract without justification after placing the order, the deposit will be forfeited as compensation.

5. Withdrawal from the contract
A withdrawal from the contract by the customer is only permitted if the ordered item is still not available after three months after the expected delivery date, despite a written reminder by the customer. In this case, the withdrawal only refers to the articles delivered late. Other reasons do not entitle the customer to reclaim the advance payment made. The withdrawal must be declared in writing. LIVINGDREAMS is entitled to withdraw from the purchase contract at any time and without any reasons. LIVINGDREAMS will immediately refund the deposit paid by the customer after the declaration of withdrawal. The repayment is considered as an implied declaration of withdrawal.

6. Delivery time
The buyer declares to have been informed by LIVINGDREAMS that the delivery period for the purchased and produced items can be up to three months. LIVINGDREAMS does not assure the customer of any deadline and is not liable for any damages resulting from delays in delivery.

7. Examination
The customer must check the purchased items immediately after delivery. If the delivered goods are defective, LIVINGDREAMS must be notified in writing immediately, but no later than 3 days after delivery. If the buyer fails to notify LIVINGDREAMS of the defect in due time, the goods shall be deemed to have been approved, unless the defect could not be detected during the usual examination. In all other respects the provisions of Art. 201 CO shall apply.

8. Warranty, liability for defects
The articles sold by LIVINGDREAMS are usually natural products, often made of wood or stone. The customer declares to have been informed by LIVINGDREAMS that the material from which the ordered item is made may warp in case of temperature variations or for other reasons, especially, but not exclusively, if it is wood. For these reasons, any liability for cracks in the wood or for other minor damage inherent in the nature of the processed material is excluded. Articles that have been more than slightly damaged during transport will be repaired by LIVINGDREAMS in the first instance if a complaint is made in good time. Only if repair is not possible, the article will be taken back and replaced. For the replacement of damaged articles, the aforementioned delivery periods apply accordingly. Any liability for consequential damages (including product liability) is expressly excluded.

9. Place of jurisdiction and applicable law
Place of jurisdiction for the customer and LIVINGDREAMS is either Meggen/LU or Meilen/ZH. However, LIVINGDREAMS is also entitled to take legal action against the customer at his place of residence/registered office. The legal relationship is subject to Swiss law.

10. Interpretation
In any case of doubt, these General Terms and Conditions shall be interpreted in accordance with the sense of the German version.

Meggen, 1. february 2023



Data protection

The responsible body within the meaning of data protection laws, in particular the EU General Data Protection Regulation (GDPR), is

Nicole Hoch

Livingdreams Nicole Hoch Naumattstrasse 13

6045 Meggen

Phone: 044 793 30 33

E-Mail: meilen@livingdreams.ch WebSite: http://livingdreams.ch

General information

Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the Swiss Confederation (Data Protection Act, DSG), every person is entitled to protection of their privacy and protection against misuse of their personal data. The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.

In cooperation with our hosting providers, we endeavor to protect the databases as well as possible against unauthorized access, loss, misuse or falsification.

We would like to point out that data transmission over the Internet (e.g. when communicating by e-mail) may be subject to security vulnerabilities. Seamless protection of data against access by third parties is not possible.

We would like to point out that data transmission over the Internet (e.g. when communicating by e-mail) can have security gaps. Seamless protection of data against access by third parties is not possible.

By using this website, you consent to the collection, processing and use of data in accordance with the following description.

This website can generally be visited without registration. Data such as pages called up or the name of the file called up, date and time are stored on the server for statistical purposes without this data being directly related to your person. Personal data, in particular name, address or e-mail address, are collected on a voluntary basis as far as possible. No data will be passed on to third parties without your consent.

Processing of personal data

Personal data is any information relating to an identified or identifiable person. A data subject is a person about whom personal data is processed. Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, procurement, deletion, storage, modification, destruction and use of personal data.

We process personal data in accordance with Swiss data protection law. In addition, we process personal data in accordance with the following legal bases in connection with Art. 6 para. 1 GDPR, insofar as the EU GDPR is applicable:

- lit. a) Processing of personal data with the consent of the data subject.

- lit. b) Processing of personal data for the performance of a contract with the data subject and for the implementation of corresponding pre-contractual measures.lit. c) Processing of personal data for compliance with a legal obligation to which we are subject under any applicable EU law or under any applicable law of a country in which the GDPR is applicable in whole or in part.lit. d) Processing of personal data in order to protect the vital interests of the data subject or of another natural person.

lit. c) Processing of personal data for compliance with a legal obligation to which we are subject under any applicable EU law or under any applicable law of a country in which the GDPR is applicable in whole or in part.

lit. d) Processing of personal data in order to protect the vital interests of the data subject or of another natural person.

lit. f) Processing of personal data for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the fundamental freedoms and rights and interests of the data subject. Legitimate interests are, in particular, our business interest in being able to provide our website, information security, the enforcement of our own legal claims and compliance with Swiss law.

We process personal data for the duration required for the respective purpose or purposes. In the case of longer-term retention obligations due to legal and other obligations to which we are subject, we restrict the processing accordingly.

Privacy policy for cookies

This website uses cookies. These are small text files that make it possible to store specific user-related information on the user's device while they are using the website. Cookies make it possible, in particular, to determine the frequency of use and number of users of the pages, to analyze the behavior of page use, but also to make our offer more customer-friendly. Cookies remain stored beyond the end of a browser session and can be called up again when you visit the site again. If you do not wish this to happen, you should set your Internet browser to refuse to accept cookies.

A general objection to the use of cookies for online marketing purposes can be made for a large number of services, especially in the case of tracking, via the US site http://www.aboutads.info/choic.... or the EU website http://www.youronlinechoices.c... can be explained. Furthermore, the storage of cookies can be achieved by deactivating them in the browser settings. Please note that you may then not be able to use all the functions of this online offer.

Privacy policy for SSL/TLS encryption

This website uses SSL/TLS encryption for security reasons and to protect the transmission of confidential content, such as the requests you send to us as the site operator.
You can recognize an encrypted connection by the fact that the address line of the browser changes from "http://" to "https://" and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Third party services

This website may use Google Maps for embedding maps, Google Invisible reCAPTCHA for protection against bots and spam and YouTube for embedding videos.

These services of the American Google LLC use cookies, among other things, and as a result, data is transferred to Google in the USA, whereby we assume that no personal tracking takes place in this context solely through the use of our website.

Google has undertaken to ensure adequate data protection in accordance with the American-European and American-Swiss Privacy Shield. Further information can be found in Google's privacy policy.

Privacy policy for contact form

If you send us inquiries via the contact form, your details from the inquiry form, including the contact data you provide there, will be stored by us for the purpose of processing the inquiry and in the event of follow-up questions.We will not pass on this data without your consent.Rights of data subjectsRight to confirmationEvery data subject has the right to request confirmation from the website operator as to whether personal data concerning them is being processed. If you wish to exercise this right of confirmation, you can contact the data protection officer at any time.Right to information

Any person affected by the processing of personal data has the right to receive information free of charge from the operator of this website at any time about the personal data stored about them and a copy of this information. Furthermore, the following information can be provided if necessary:

the purposes of processing

the categories of personal data being processed

the recipients to whom the personal data have been or will be disclosed

have been or will be disclosed

where possible, the envisaged period for which the personal data will be stored, or, if

period for which the personal data will be stored, or, if not possible, the criteria used to determine that this duration the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing the existence of the right to lodge a complaint with a supervisory authority where the personal data are not collected from the data subject: All available information about the origin of the data

Furthermore, the data subject has a right of access as to whether personal data has been transferred to a third country or to an international organization. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards relating to the transfer. If you wish to exercise this right to information, you can contact our data protection officer at any time.

Right to rectification
Any person affected by the processing of personal data has the right to demand the immediate correction of incorrect personal data concerning them.The data subject also has the right to request the completion of incomplete personal data, including by means of a supplementary declaration, taking into account the purposes of the processing.If you wish to exercise this right to rectification, you can contact our data protection officer at any time.

If you would like to exercise this right to rectification, you can contact our data protection officer at any time.

Right to erasure (right to be forgotten)

Any person affected by the processing of personal data has the right to demand from the controller of this website that the personal data concerning them be deleted immediately, provided that one of the following reasons applies and insofar as the processing is not necessary:
The personal data have been collected or otherwise processed for purposes for which they are no longer necessary

The data subject withdraws consent on which the processing is based and where there is no other legal ground for the processing
The data subject objects to the processing on grounds relating to his or her particular situation and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing in the case of direct marketing and associated profiling.
processing.

The personal data has been processed unlawfully The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject The personal data have been collected in relation to the offer of information society services directly provided to a child
If one of the above-mentioned reasons applies and you wish to request the deletion of personal data stored by the operator of this website, you can contact us at any time.
operator of this website, you can contact our data protection officer at any time. The data protection officer of this website will arrange for the deletion request to be
request for erasure is complied with immediately.

Right to restriction of processing
Any person affected by the processing of personal data has the right to request the controller of this website to restrict the processing if one of the following conditions is met:

The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data

The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead. The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.

use of the personal data

The controller no longer needs the personal data for the purposes of the

purposes of the processing, but the data subject requires the personal data for the establishment

exercise or defense of legal claims

The data subject has objected to processing on grounds relating to his or her particular situation.

situation and it is not yet clear whether the legitimate grounds of the controller override those of the data subject

If one of the above conditions is met and you wish to request the restriction of personal data stored by the operator of this website, you can contact our data protection officer at any time. The data protection officer of this website will arrange for the restriction of processing.

Right to data portability

Any person affected by the processing of personal data has the right to receive the personal data concerning them in a structured, commonly used and machine-readable format. They also have the right to have this data transmitted to another controller if the legal requirements are met. Furthermore, the data subject has the right to obtain that the personal data be transmitted directly from one controller to another controller, insofar as this is technically feasible and provided that this does not affect the rights and freedoms of other persons.

To assert the right to data portability, you can contact the data protection officer appointed by the operator of this website at any time.

Right to object

Any person affected by the processing of personal data has the right to object to the processing of personal data concerning them at any time for reasons arising from their particular situation.

The operator of this website shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.

To exercise your right to object, you can contact the data protection officer of this website directly.

Right to withdraw consent under data protection law

Any person affected by the processing of personal data has the right to withdraw their consent to the processing of personal data at any time. If you wish to exercise your right to withdraw your consent, you can contact our data protection officer at any time.

Chargeable services

For the provision of chargeable services, we request additional data, such as payment details, in order to be able to execute your order. We store this data in our systems until the statutory retention periods have expired.

Use of Google Maps 

This website uses Google Maps. This allows us to show you interactive maps directly on the website and enables you to use the map function conveniently. When you visit the website, Google receives the information that you have accessed the corresponding subpage of our website.This occurs regardless of whether Google provides a user account through which you are logged in or whether no user account exists. If you are logged in to Google, your data will be assigned directly to your account. If you do not wish to be associated with your Google profile, you must log out before activating the button. Google stores your data as usage profiles and uses them for the purposes of advertising, market research and/or the needs-based design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right. For more information on the purpose and scope of data collection and its processing by Google, as well as further information on your rights in this regard and settings options to protect your privacy, please visit: www.google.de/intl/de/policies...

Use of Google reCAPTCHA

This website uses the reCAPTCHA service provided by Google Ireland Limited (Gordon House, Barrow Street Dublin 4, Ireland "Google"). The query serves the purpose of distinguishing whether the input is made by a human or by automated, machine processing. The query includes sending the IP address and any other data required by Google for the reCAPTCHA service to Google.For this purpose, your input is transmitted to Google and used there. However, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of this service. The IP address transmitted by your browser as part of reCaptcha will not be merged with other Google data. Your data may also be transmitted to the USA. An adequacy decision of the European Commission, the "Privacy Shield", is in place for data transfers to the USA. Google participates in the "Privacy Shield" and has submitted to the requirements. By activating the query, you consent to the processing of your data. The processing is carried out on the basis of Art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.

You can find more information about Google reCAPTCHA and the associated privacy policy at: https://policies.google.com/pr...

Privacy policy for the use of Google Web Fonts

This website uses so-called web fonts provided by Google for the uniform display of fonts. When you call up a page, your
browser loads the required web fonts into your browser cache in order to display texts and fonts correctly. If your browser does not support web fonts, a standard font will be

standard font will be used by your computer.

Further information on Google Web Fonts can be found at https://developers.goo- gle.com/fonts/faq and in Google's privacy policy: https://www.google.com/policie...

External payment service providers

This website uses external payment service providers through whose platforms users and we can make payment transactions. For example via

PostFinance (https://www.postfinance.ch/de/...)

Visa (https://www.visa.de/nutzungsbe...)

Mastercard (https://www.mastercard.ch/de-c...)

American Express (https://www.americanexpress.co...

zerklarung.html)

Paypal (https://www.paypal.com/de/weba...)

Bexio AG (https://www.bexio.com/de-CH/da...)

Payrexx AG (https://www.payrexx.ch/site/as...

rung.pdf)

Apple Pay (https://support.apple.com/de-c...)

Stripe (https://stripe.com/ch/privacy)

Klarna (https://www.klarna.com/de/date...)

Skrill (https://www.skrill.com/de/fuss...)

Giropay (https://www.giropay.de/rechtli...) etc.

As part of the fulfillment of contracts, we use the payment service providers on the basis of the Swiss Data Protection Ordinance and, if necessary, Art. 6 para. 1 lit. b. EU-DSGVO. In addition, we use external payment service providers on the basis of our legitimate interests in accordance with the Swiss Data Protection Ordinance and, if necessary, in accordance with Art. 6 para. 1 lit. f. EU-GDPR. EU GDPR in order to offer our users effective and secure payment options.

The data processed by the payment service providers includes inventory data, such as the name and address, bank data, such as account numbers or credit card numbers, passwords, TANs and checksums as well as the contract, totals and recipient-related data. The information is required to carry out the transactions. However, the data entered is only processed by the payment service providers and stored by them. As the operator, we do not receive any information about the (bank) account or credit card, but only information to confirm (accept) or reject the payment. Under certain circumstances, the data may be transmitted to credit agencies by the payment service providers. The purpose of this transmission is to check identity and creditworthiness. Please refer to the payment service providers' terms and conditions and data protection notices.

Payment transactions are subject to the terms and conditions and data protection notices of the respective payment service providers, which are available on the respective website or transaction applications.

transaction applications. We also refer to these for further information and the assertion of rights of revocation, information and other rights of data subjects.

Copyrights

The copyright and all other rights to content, images, photos or other files on the website belong exclusively to the operator of this website or the specifically named rights holders. The written consent of the copyright holder must be obtained in advance for the reproduction of all files.

Anyone who commits a copyright infringement without the consent of the respective copyright holder may be liable to prosecution and may be liable for damages.

General disclaimer

All information on our website has been carefully checked. We make every effort to ensure that the information we provide is up-to-date, correct and complete.

Nevertheless, the occurrence of errors cannot be completely ruled out, which means that we cannot guarantee the completeness, correctness and topicality of information, even of a journalistic or editorial nature. Liability claims arising from material or immaterial damage caused by the use of the information provided are excluded, unless there is evidence of willful intent or gross negligence.

The publisher may change or delete texts at its own discretion and without notice and is not obliged to update the content of this website.

The use of or access to this website is at the visitor's own risk. The publisher, its clients or partners are not responsible for damages, such as direct, indirect, accidental, pre-determined or consequential damages, which are allegedly caused by visiting this website and therefore assume no liability for this.

The publisher also accepts no responsibility or liability for the content and availability of third-party websites that can be accessed via external links on this website. The operators of the linked pages are solely responsible for their content. The publisher thus expressly distances itself from all third-party content that may be relevant under criminal or liability law or offend common decency.

Changes

We may amend this privacy policy at any time without prior notice. The current version published on our website applies. If the data protection declaration is part of an agreement with you, we will inform you of the change by e-mail or other suitable means in the event of an update.

Questions for the data protection officer

If you have any questions about data protection, please send us an e-mail or contact the person responsible for data protection in our organization listed at the beginning of the privacy policy directly.

Meggen, 01.02.2023

Summer vacation

We are on summer vacation! Our store in Meilen and Meggen will be closed from July 22nd to August 5th. For inquiries we are still available via email meilen@livingdreams.ch.



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