Privacy Policy & Terms & Conditions

General Terms and Conditions

valid since march 25th 2025

1.           Scope

Our online shop is aimed exclusively at the consumer / end customer or individual referred to here as "you", "your", "your" or "customer". The Supplier refers to itself here as "Tschuggu" or "we", "us" or "our" and has its registered office at 25 Rue sous l'Eglise, 1971 Grimisuat, by distance selling and can be contacted by letter, by e-mail to tschugguinfo@gmail.com and online at "www.tschuggu.ch". Any order placed by the Customer through the online store "www.tschuggu.ch" or one of its affiliates or through the above-mentioned contact channels, as well as any registration of their personal data on "www.tschuggu.ch", shall be subject to the terms and conditions described herein. The offers received on "www.tschuggu.ch", their consumables and accessories are referred to as "Products".

Our Terms and Conditions may be amended from time to time by posting a new dated version on this website. You can periodically review our Terms and Conditions to be notified of these changes. They will be subject to the terms and conditions in force at the time you place an order with us, unless a change is required by law or government authority (in which case they will apply to orders previously placed by you). You can exercise your right of withdrawal if you do not agree with the changes that apply to your order.

  

2.           Privacy

In this Privacy Statement, we, Tschuggu [companies of the Tschuggu Group], explain how we collect and otherwise process personal data. This is not a conclusive description; other privacy statements [or general terms and conditions, terms and conditions of participation and similar documents] may regulate specific issues. Personal data is understood to mean all information relating to an identified or identifiable person.

If you provide us with personal data of other persons (e.g. family members, data of work colleagues), please make sure that these persons are aware of this privacy policy and only provide us with their personal data if you are allowed to do so and if this personal data is correct.

This Privacy Policy is designed to comply with the requirements of the EU General Data Protection Regulation ("GDPR"), the Swiss Data Protection Act ("FADP") and the revised Swiss Data Protection Act ("revFADP"). Whether and to what extent these laws are applicable, however, depends on the individual case.

These Privacy Processing Terms ("Terms") are part of the Terms of Use between Tschuggu and its affiliates and service providers with respect to Tschuggu's services. These terms and conditions are binding between Tschuggu and its affiliates as well as service providers and the customers and constitute a data processing agreement. In the event of a conflict between these Terms and the Agreement (as defined below), these Terms shall control. If you do not agree to these Terms, do not use the Service (as defined below).

  

3.           Definitions

3.1. Terms not otherwise defined herein shall have the same meanings as set forth in the Agreement.

3.2. "Affiliate" means, solely for the purposes of these Terms and without prejudice to any applicable restrictions on use, license, scope of service or other restrictions under the Agreement, any consolidated group company that directly or indirectly controls, is controlled by, or is under common control with the applicable entity (where "control" for the purposes of this definition means direct or indirect ownership of the applicable entity). or means control over more than 50% of the voting shares of the company concerned) or a company expressly referred to in the Agreement as an "Affiliate".

3.3. "Agreement" means the Terms of Use or a separate written agreement between Tschuggu and the Customer regarding the use of the Tschuggu Service.

3.4. "Controller-to-Processor Clauses" means (i) in relation to transfers of Personal Data subject to the GDPR, the Standard Contractual Clauses for the transfer of Personal Data to third countries pursuant to Commission Decision 2021/914 of 4 June 2021, in particular Module 2 (Controller to Processors); [and (ii) in respect of transfers subject to the UK GDPR (UK GDPR), the Standard Contractual Clauses for the transfer of personal data to processors to third countries as set out in the Commission Decision of 5 February 2010 or any equivalent clauses issued by the UK Competent Authority, as amended from time to time.

3.5. "Data subject", "controller", "processor", "personal data", "data breach", "supervisory authority" and "processing" have the meanings set out in the GDPR.

3.6. "Data Importer" and "Data Exporter" shall have the meaning given to the Standard Contractual Clauses.

3.7. "Data Protection Laws" means all laws and regulations of the Swiss Federal Data Protection and Information Commissioner (FDPIC), including the laws and regulations of the European Economic Area (EEA) and the United States and its states applicable to the processing of Personal Data in connection with the provision of Services, including but not limited to: (a) the General Data Protection Regulation 2016/679 (the "GDPR"); (b) the California Consumer Privacy Act (Cal. Civ. Code § 1798.100 et seq.) and its executive orders, each as amended (CCPA); (c) the Data Protection Directive 2002/58/EC; (d) the UK Data Protection Act 2018 ("DPA"), the UK General Data Protection Regulation as amended by the Privacy, Privacy and Electronic Communications (EU) Regulations 2019 (together with the DPA, the "UK GDPR"), and the Privacy and Electronic Communications Regulations 2003; and (e) any relevant law, statute, declaration, decree, directive, legislative regulation, decree, regulation, rule or other binding instrument that implements any of the above or is otherwise related to data protection, privacy or the use of personal data, as amended from time to time.

3.8. "Customer" means any natural person who uses Tschuggu's Service to fulfill orders and/or deliver its Products to Recipients.

3.9. "Parties" means Tschuggu and the Client.

3.10. "Processor-to-Processor Clauses" means, where relevant, the Standard Contractual Clauses for the transfer of personal data to third countries pursuant to Commission Decision 2021/914 of 4 June 2021, in particular Module 3 (Processors to processors), or any equivalent clauses adopted by the competent authority of the United Kingdom with regard to transfers of personal data from the United Kingdom, in each case in in the current version.

3.11. "Sale" means the sale, rental, transfer, disclosure, distribution, provision, transfer or other communication of personal data to third parties for money or other valuable consideration.

3.12. "Sharing" means sharing, renting, sharing, disclosing, disseminating, providing, transferring or otherwise communicating personal data to third parties for targeted advertising based on the personal data of data subjects.

3.13. "Services" means the products, services such as customer service and delivery of Products to the Customer, as well as branding, storage and fulfillment, merchandising and other services that Tschuggu may provide in accordance with the Customer's orders.

3.14. "Third Countries" means, in connection with the transfer of Personal Data subject to the GDPR, any country outside the scope of the Data Protection Laws of the European Economic Area, except for those countries that have been recognised by the European Commission from time to time as sufficient to protect Personal Data; and (ii) in connection with the transfer of personal data subject to the UK GDPR, any country outside the scope of the UK data protection laws, except for those countries recognised by the relevant authority of the UK from time to time as sufficient to protect personal data.

  

4.           Subject of the Terms

4.1. These Terms govern the relationship between Tschuggu and the Client in relation to any processing of personal data by Tschuggu on behalf of the Client.

4.2. To the extent that Tschuggu processes personal data on behalf of the Customer, the Customer is the controller and Tschuggu is the processor and processes such personal data only on behalf of the Customer.

4.3. The Client hereby appoints Tschuggu and instructs Tschuggu to process the Personal Data in accordance with these Terms, including in relation to the transfer of Personal Data to a third country or international organisation.

  

5.           Details of processing

To the extent that Tschuggu processes personal data on behalf of the customer, the following processing details apply:

5.1. Systems that store or modify personal data must be tested regularly (at least annually) for security vulnerabilities and other system weaknesses that may negatively affect the confidentiality, integrity and/or availability of the personal data, ideally by a third party, but may also be carried out by an internal certified ethical hacker in accordance with OWASP, OSINT or other testing/auditing frameworks.

5.2. Any identified security vulnerabilities or system weaknesses must be logged and acknowledged by Tschuggu within 24 hours. Steps to remediate it must be planned according to the severity of the vulnerability and the potential impact.

5.3. Type of Personal Data: Personal data relating to the Client and any personal data in the Client's content (if applicable) as well as personal data that becomes known during the use of the Services, including name, email address, telephone number, delivery address and other information relating to the Client, including images and data that may appear on government-issued identification documents.

5.4. Nature and purpose of processing: Tschuggu processes data in accordance with these Terms in order to provide the Service to the Customer and to fulfill the obligations set out in the agreement between the Customer and Tschuggu, to the extent that the processing of personal data requires it. Tschuggu will only have access to the personal data provided by the Client and will use such personal data in accordance with the Client's instructions as set out in these Terms.

5.5. Processing restrictions: Tschuggu is prohibited from:

• Sell or share personal information received from the customer;

• To retain, use, disclose or process personal data: (i) for any purpose, including commercial purposes, other than to perform the services provided under the Agreement and these Terms; (ii) outside the direct business relationship between the customer and Tschuggu.

• Combine, amend, or supplement personal information with other personal information from another source, unless specifically instructed by the Customer.

5.6. Duration of processing: The data will be processed for the duration of the Agreement and the use of the Services by the Customer.

5.7. No sensitive personal data will be processed (unless included in content).

5.8. In the case of transfers to (sub-)processors, the subject-matter, the nature and the duration of the processing shall be determined on a case-by-case basis.

  

6.           Obligations of the customer

6.1. The Client warrants that it complies and will continue to comply with the Data Protection Laws.

6.2. The Client confirms that the personal data submitted to Tschuggu has been collected by the Client on a valid lawful basis and that the Client has obtained all necessary consents or provided all necessary notices in accordance with the Data Protection Laws, and that the Client is entitled to transmit the personal data to Tschuggu.

6.3. The Client confirms that these Terms contain sufficient instructions to Tschuggu regarding the processing of personal data and the scope and purposes of the processing.

6.4. If necessary, the Customer may provide Tschuggu with additional instructions regarding the processing of personal data that are not specified in these Terms. Such additional instructions must be reasonably feasible for Tschuggu, duly documented, in accordance with data protection laws and accepted by Tschuggu.

6.5. The Client is responsible for the accuracy of the personal data and its updating and must inform Tschuggu of any changes to the personal data. The Customer declares that the use of the Tschuggu Services will not violate the rights of a data subject who has objected to the disclosure or sale of personal data, to the extent applicable under the Data Protection Laws.

6.6. Tschuggu shall not be liable for any claims or complaints made by data subjects in relation to actions of Tschuggu carried out on the basis of the instructions received from the Client. The Client further agrees to indemnify and hold Tschuggu harmless on demand from any and all claims, liabilities, costs, expenses, losses or damages (including consequential damages, loss of profits and damage to reputation, as well as all interest, penalties, legal and other professional costs and expenses) arising directly or indirectly from any breach of these Terms.

  

7.           Cookies and web analytics

In order to make visiting our website attractive and to enable the use of certain functions, to display suitable products or for market research, we use so-called cookies on various pages. This serves to safeguard our legitimate interests, which outweigh the legitimate interests in an optimized presentation of our offer in accordance with Art. 6 (1) sentence 1 (f) GDPR. Cookies are small text files that are automatically stored on your device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your device and enable us to recognize your browser the next time you visit (persistent cookies). You can find the duration of storage in the overview in the cookie settings of your web browser. You can set your browser so that you are informed about the setting of cookies and decide individually on their acceptance or exclude the acceptance of cookies in certain cases or in general. Each browser differs in the way it manages cookie settings. This is described in the help menu of each browser, which explains how to change your cookie settings. You can find these for the respective browsers under the following links:

Internet Explorer?: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies

Safari?: https://support.apple.com/de-de/guide/safari/sfri11471/12.0/mac/10.14

Chrome?: https://support.google.com/chrome/answer/95647?hl=de&hlrm=en

Firefox? https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen

Opera? : https://help.opera.com/de/latest/web-preferences/#cookies

If you do not accept cookies, the functionality of our website may be limited.

Use of Google (Universal) Analytics for web analysis

This website uses Google (Universal) Analytics for website analysis. The web analysis service is a service offered by Google Ireland Limited, a company registered and operated under Irish law with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland (www.google.de). This serves to safeguard our legitimate interests, which outweigh the legitimate interests in an optimized presentation of our offer in accordance with Art. 6 (1) sentence 1 (f) GDPR. Google (Universal) Analytics uses methods that enable an analysis of your use of the website, such as cookies. The automatically collected information about your use of this website is usually transmitted to a Google server in the USA and stored there. By activating IP anonymization on this website, the IP address is shortened before transmission within the member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and shortened there. The anonymized IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. After the purpose has ceased to exist and we have ceased to use Google Analytics, the data collected in this context will be deleted.

Insofar as information is transferred to Google servers in the USA and stored there, the American company Google LLC is certified under the EU-US Privacy Shield. A current certificate can be viewed here. On the basis of this agreement between the USA and the European Commission, the latter has determined an adequate level of data protection for companies certified under the Privacy Shield.

You can prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address) by Google and the processing of this data by Google by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=de

As an alternative to the browser plug-in, you can click this link to prevent Google Analytics from collecting data on this website in the future. An opt-out cookie is stored on your device. If you delete your cookies, you will have to click the link again.

Google Maps

This website uses Google Maps for the visual representation of geographical information. Google Maps is a service provided by Google Ireland Limited, a company registered and operated under the laws of Ireland with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland (www.google.de). This serves to safeguard our legitimate interests, which outweigh the legitimate interests in an optimized presentation of our offer and easy accessibility of our locations in accordance with Art. 6 (1) (f) GDPR.

When using Google Maps, Google transmits or processes data about the use of the Maps functions by website visitors, which may include, in particular, the IP address and location data. We have no influence on this data processing.

Insofar as information is transferred to Google servers in the USA and stored there, the American company Google LLC is certified under the EU-US Privacy Shield. A current certificate can be viewed here. On the basis of this agreement between the USA and the European Commission, the latter has determined an adequate level of data protection for companies certified under the Privacy Shield.

In order to deactivate the Google Maps service and thus prevent data transmission to Google, you must deactivate the Java script function in your browser. In this case, Google Maps cannot be used or can only be used to a limited extent.

Further information about data processing by Google can be found in Google's privacy policy. The Google Maps Terms of Service contain detailed information about the map service.

Data processing is carried out on the basis of an agreement between joint controllers in accordance with Art. 26 GDPR, which you can view here.

  

8.           Social Media PlugIns

Use of social plugins from Facebook, Instagram using the ?2-click solution?

On our website, so-called social plugins (? Plugins?) of social networks. In order to increase the protection of your data when you visit our website, the plugins can be used by means of a so-called ?2-click solution? integrated into the page. This integration ensures that when a page of our website containing such plugins is accessed, no connection is established with the servers of the respective social network. Only when you activate the plugins does your browser establish a direct connection to the servers of the respective social network.

The content of the respective plugin is then transmitted directly to your browser by the associated provider and integrated into the page. By integrating the plugins, the providers receive the information that your browser has called up the corresponding page of our website, even if you do not have a profile with the respective provider or are not logged in at the moment. This information (including your IP address) is transmitted by your browser directly to a server of the respective provider (possibly to the USA) and stored there. When you interact with the plugins, for example the ? Like?- or the ? Share? button, the corresponding information is also transmitted directly to a server of the provider and stored there. The information is also published on the social network and displayed there to your contacts. This serves to safeguard our legitimate interests, which outweigh the legitimate interests in the optimal marketing of our offer in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR, which prevail in the context of a balancing of interests.

The purpose and scope of the data collection and the further processing and use of the data by the providers as well as a contact option and your rights in this regard and setting options to protect your privacy can be found in the data protection notices of the providers:

https://www.facebook.com/policy.php  

https://help.instagram.com/155833707900388  

Our online presence on Facebook, Instagram

Our presence on social networks and platforms serves to improve active communication with our customers and prospects. We will provide information about our products and ongoing special promotions there.

When you visit our online presence in social media, your data may be automatically collected and stored for market research and advertising purposes. This data is used to create so-called usage profiles using pseudonyms. These can be used, for example, to place advertisements inside and outside the platforms that presumably correspond to your interests. For this purpose, cookies are usually used on your device. These cookies store visitor behavior and user interests. In accordance with Art. 6 para. 1 lit. f. GDPR, this serves to safeguard our legitimate interests, which prevail in the context of a balancing of interests, in an optimized presentation of our offer and effective communication with customers and interested parties. If you are asked for consent (consent) to the data processing by the respective social media platform operators, e.g. with the help of a checkbox, the legal basis for the data processing is Art. 6 para. 1 lit. a GDPR.

Insofar as the aforementioned social media platforms are headquartered in the USA, the following applies: For the USA, an adequacy decision of the European Commission has been issued. This goes back to the EU-US Privacy Shield. A current certificate for the respective company can be viewed here.

Detailed information on the processing and use of data by the providers on their pages as well as a contact option and your rights in this regard and setting options to protect your privacy, in particular objection options (opt-out), can be found in the data protection information of the providers linked below. If you still need help in this regard, you can contact us.

Facebook: https://www.facebook.com/about/privacy/  

The data processing is carried out on the basis of an agreement between joint controllers in accordance with Art. 26 GDPR, which you can view here:

https://www.facebook.com/legal/terms/page_controller_addendum  

Instagram: https://help.instagram.com/519522125107875  

Opt-out:

Facebook: https://www.facebook.com/settings?tab=ads  

Instagram: https://help.instagram.com/519522125107875  

  

9.           Order

The ordering process prescribes your first name and surname, as well as your delivery address and e-mail address correctly and truthfully entered on our website.

Tschuggu will only process an order if the customer pays in advance. The payment option(s) will be communicated to the customer in the Tschuggu online shop. In addition to the stated product prices (incl. VAT), shipping costs are added. Any import costs must be covered by the customer.

VAT is not shown because the seller is a small business within the meaning of the German VAT Act.

  

10.        Delivery

Delivery takes place exclusively in Switzerland and the Principality of Liechtenstein. Delivery takes place within 9 working days.

Deliveries to packing stations are not possible.

The customer is obliged to provide correct information so that the delivery can be carried out properly. Please note that your last name and first name are correctly written on the letterbox so that delivery can take place. In the event of false information provided by the customer, Tschuggu is not liable.

  

11.        Liability

All claims for incorrectly printed, damaged or defective items must be submitted by the customer within 14 days of receipt of the product by email to tschugguinfo@gmail.com with a photo of the defect. For packages lost in transit, the customer must submit all claims no later than 14 days after the estimated delivery date. We will cover the costs for any defects in products caused by us. Tschuggu is not liable for defects that have not been caused by us or our partners. For any complaints made after the expiry of the 14-day period, Tschuggu will not be responsible for any costs.

For any other complaints about our products or deliveries, please contact us within 14 days of placing your order.

  

12.        Returns

If your package is returned to the sender, we will contact you as soon as possible to arrange a reshipment or refund. Please contact Tschuggu before returning to find out the correct return address. Unclaimed returns will be donated to a charity after 30 days. If an incorrect address is chosen for the return, the customer is liable.

Incorrect delivery address – If you provide a delivery address that is deemed insufficient by the courier, the shipment will be returned to our partner's facility. The costs for resending to the updated address will be borne by the customer.

Unclaimed – Deliveries refused by the customer will be returned to our partner's facility and the cost of redelivery to will be borne by the customer.

Notification for consumers in the EU: According to Article 16(c) and (e) of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, the right of withdrawal cannot be granted to:

the supply of goods made to the consumer's specifications or clearly personalised;

sealed goods that have been opened after delivery and are therefore not suitable for return for health or hygiene reasons,

therefore, Tschuggu reserves the right to refuse returns at its sole discretion.

  

13.        Applicable law and jurisdiction

These Terms and Conditions and the purchase of Tschuggu products shall be governed by the laws of Switzerland, without giving effect to any conflict of law provisions. Any dispute or claim arising out of or in connection with the Terms and Conditions or the purchase of Tschuggu products (including non-contractual disputes or claims) shall be subject to the jurisdiction of Switzerland. The exclusive place of jurisdiction is Grimisuat (Valais, Switzerland).

Consumer arbitration board, we are not obliged and not ready.