Scope of application

This privacy policy applies to the use of the following websites www.capranea.com/www.capranea.ch/www.capranea.ski/www.capranea.us (referred to as the “website” in the information that follows) and the services that it provides. The privacy of your personal data is very important to us. The information below sets out how we process personal data when you use our website. “Personal data” refers to any data that relates or can be related to you, such as your name, address, e-mail addresses and user behaviour.

Controller

The operator of this website and the controller for processing your personal data through this website is:

Capranea Sports AG
Mühlegasse 18e
6340 Baar
Switzerland

Telephone: +41 41 760 67 89
Mail: info@capranea.com

Automatic data collection and processing

As with every website, our server automatically and temporarily collects information transmitted by your browser in server log files, provided you have not disabled this feature. If you intend to view the website, we require certain types of data on a technical level so that we can display the website whilst also ensuring stability and security. This data is as follows:

– IP address of the computer sending the request

– file request of the client

– HTTP response code

– the web page that linked you to our website (referrer URL)

– time of the server request

– browser type and version

– operating system used by the computer sending the request

The data in these server log files will not be analysed in a way that identifies individual persons. In cases where the information listed above contains personal data (particularly the IP address), the legal basis for collecting this data is point (f) of Article 6(1) of the General Data Protection Regulation (GDPR). The legitimate interest we pursue when collecting this data is to ensure the proper functioning of our website. If you require further information about the balancing of interests that must be carried out in accordance with point (f) of Article 6(1) of the GDPR, please contact us using the details provided in Section 2. The collection of the information listed above is necessary for providing the functions of our website.

This website uses certain technologies and tools, which are outlined below. If there are any that you do not want us to use, we have provided various options and settings for each one that will prevent it from being used

Google Analytics

This website uses Google Analytics, a web analytics service from Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; referred to as “Google” in the information that follows). The features of the service that we use are “Universal Analytics” features. They make it possible to attribute data, sessions and interactions across multiple devices to a pseudonymous user ID, thus giving us the ability to analyse the activities of a user on all devices. Google Analytics uses cookies: these are text files which are stored on your computer and which allow your use of the website to be analysed.

The information generated by the cookie about your use of this website is normally transferred to a Google server in the USA, where it is saved. However, because IP anonymisation has been enabled on this website, your IP address will be truncated in advance by Google within the member states of the European Union or in other countries outside of the European Union which are signatories to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA before it is truncated. The IP address identified from your browser by Google Analytics will not be merged with other data collected by Google. On behalf of the operator of this website, Google uses this information to analyse your use of the website, to compile reports on the website activities and to provide other services for the website operator related to the use of the website and internet usage.

You can prevent the storage of cookies via the relevant setting in your browser software. Please note, however, that in this case you may not be able to use all of the functions on this website. You can also prevent the recording of the data collected by the cookie with respect to your use of the website (including your IP address), as well as the processing of this data by Google, by downloading and installing a browser add-on (available at https://tools.google.com/dlpage/gaoptout?hl=en-GB). Opt-out cookies prevent your data from being collected during any future visits to this website. In order to prevent the collection of data by Universal Analytics across multiple devices, you must opt out on all the systems that you use.

We use Google Analytics in order to pursue our legitimate interests of building a service that meets our customer’s needs, enabling statistical analysis and promoting our website efficiently. The legal basis for this is established in point (f) of Article 6(1) of the GDPR.

Cookies

Cookies are small text files that are saved on a local cache in your browser. The cookies specified below are used by us exclusively to ensure that we are able to implement or provide the service that you are using. This is based on point (f) of Article 6(1) of the GDPR. The legitimate interest that we pursue when processing data is to optimise the website settings for the device you are using and to adapt the user interface accordingly. If you require further information about the balancing of interests that must be carried out in accordance with point (f) of Article 6(1) of the GDPR, please contact us using the details provided above. The following types of cookies (the scope and functionality of which are detailed below) are used on this website:

– transient cookies:
Transient cookies are automatically deleted once you close your browser. In particular, they include session cookies. These save a session ID that makes it possible to attribute various requests from your browser to a common session, allowing your computer to be recognised when you return to our website. Session cookies are deleted when you log out or close your browser.

– persistent cookies:
Persistent cookies are automatically deleted after a specified amount of time, which can vary depending on the cookie. You can delete the cookies at any time in your browser’s security settings.

You can configure your browser settings as required: for example, you can refuse to accept third-party cookies or all cookies. Please note that you may not be able to use all of the functions on this website if you do this.

Collection and processing of voluntarily provided data

On our website, you have the option of voluntarily submitting data relating to you. This data includes personal data and is used by us for the following purposes:

We require your personal data (such as your first name, last name, e-mail address and postal address) to maintain a contractual relationship with you and to process your requests or orders. We collect this data to provide you with relevant services and in order to maintain a contractual relationship with you. The legal basis for this is established in point (b) of Article 6(1) of the GDPR. If we process your data as described above for the purposes of providing our services and performing a contract, you are contractually obligated to provide us with this data. Without this data, we will be unable to provide you with our services or ensure the proper performance of a contract to which you are party.

As described in detail in this privacy policy, we also use your data for advertising purposes; in particular, by post or in the form of e-mail newsletters, customer surveys or other forms of contact (such as text message or telephone). The legal basis for this is our legitimate interest in providing relevant advertisements on the basis of point (f) of Article 6(1) of the GDPR. If you require further information about the balancing of interests that must be carried out in accordance with point (f) of Article 6(1) of the GDPR, please contact us using the details provided above. You can object to the use of your data for advertising purposes at any time. Details of your right to object can be found in [Section 7] of this privacy policy.

Where legislation in individual countries requires us to obtain your prior consent for the aforementioned advertising activities, we will of course do so. The legal basis for processing your data is established by your consent in these cases (point (a) of Article 6(1) of the GDPR). You have the right to withdraw your consent at any time. If you wish to do this, please contact us via the details specified above or follow the instructions in our promotional messages. The withdrawal of consent does not affect the lawfulness of any data processing that was carried out based on consent being obtained. You are under no obligation to provide us with your data for advertising purposes. Without such data, however, we will not be able to send you any advertising material.

Sharing your data with third parties

Your personal data will never be shared with third parties without your express prior consent. The only exceptions to this apply in the following cases:

– For prosecution reasons:
Where required in order to investigate the unlawful use of our services or for the purposes of prosecution, personal data will be disclosed to the relevant law enforcement authorities and, where applicable, to any third-party claimants. However, such a course of action will only take place if there is concrete evidence of unlawful conduct or misuse. In such cases, your data may also be shared if doing so this is required for the fulfilment of terms and conditions of use or other agreements. If requested, we are also legally obligated to disclose such data to certain public authorities, such as law enforcement bodies, authorities that penalise offences with financial penalties, and financial authorities.

In these cases, data is disclosed on the basis of our legitimate interest in combating misuse, aiding the prosecution of criminal offences, and aiding the establishment, assertion and enforcement of claims, in line with point (f) of Article 6(1) of the GDPR. If you require further information about the balancing of interests that must be carried out in accordance with point (f) of Article 6(1) of the GDPR, please contact us using the details provided above.

– Processors:
We rely on contractually bound third-party companies and external service providers (referred to as “processors”) in order to provide our services. In such cases, personal data will be shared with these processors in order to allow them to continue providing their services. The processors have been carefully selected by us and are subject to regular audits. The processors are permitted to use the data only for the purposes specified by us. Furthermore, they are contractually obligated to handle your data exclusively in accordance with this privacy policy and in line with the applicable data protection laws. More specifically, we use the services of the following processors in particular:

– logistics service providers, for the purpose of sending you products, marketing materials or other items that you have ordered from us

– payment service providers for the purpose of processing all payments from you to us or vice versa

– service providers for the distribution of newsletters or the execution of customer surveys

– IT service providers for the provision of hardware and software and for the implementation of maintenance work

Data is disclosed to processors on the basis of Article 28(1) of the GDPR or, alternatively, on the basis of our legitimate interest in the economic and technical advantages associated with the use of specialised processors and on the basis of circumstances in which your rights and interests in the protection of your personal data are not overridden (see point (f) of Article 6(1) of the GDPR). If you require further information about the balancing of interests that must be carried out in accordance with point (f) of Article 6(1) of the GDPR, please contact us using the details provided above.

Your rights

As regards your personal data processed by us, you are entitled to the rights outlined below. In order to exercise any of these rights, please send us a written request using the contact details specified above or send an e-mail to info@capranea.com

– Right to access
You have the right to request that we provide access to the personal data concerning you that we have processed. You may exercise this right within the scope outlined in Article 15 of the GDPR.

– Right to rectification or erasure
Subject to the prerequisites specified in Article 17 of the GDPR, you have the right to request from us the erasure of personal data concerning you. The prerequisites provide for a right to erasure in particular where the personal data is no longer necessary for the purposes for which it was collected or otherwise processed. The ability to exercise this right is restricted in accordance with Article 17(3) of the GDPR, particularly in cases where we require your data in order to meet a legal obligation or to process legal claims.

– Right to restriction of processing
You have the right to request from us restriction of processing under the terms specified in Article 18 of the GDPR. This right exists in particular (a) where the accuracy of personal data is contested by you, for a period enabling us to verify the accuracy of the personal data, (b) where you oppose the erasure of the personal data (in cases where the right to erasure applies) and request the restriction of its use instead, (c) where we no longer need the personal data for the purposes for which it was being processing, but it is required by you for the establishment, exercise or defence of legal claims, and (d) where the successful exercise of an objection is still contested between you and us. If the processing of your data has been restricted on any of these bases, such data may only be processed in exceptional cases; for example, where you have given your consent to this or where such processing is necessary for the enforcement of legal claims.

– Right to object to processing
In accordance with Article 21 of the GDPR, you have the right to object, on grounds relating to your particular situation and at any time, to the processing of personal data concerning you on the basis of point (e) or (f) of Article 6(1) of the GDPR. We will no longer process your personal data unless we can demonstrate compelling legitimate grounds for processing that override your interests, rights and freedoms, or unless the circumstances involve the establishment, exercise or defence of legal claims.

– Right to data portability
You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format under the terms specified in Article 20 of the GDPR. This requires that the data processing has been based on you having given your consent and has been carried out by automated means.

– Right to lodge a complaint with the relevant data protection supervisory authority
You have the right to lodge a complaint with a supervisory authority – in particular, within the EU member state of your habitual residence, your place of work or the location of the alleged infringement – if you believe that the processing of personal data relating to you infringes the applicable data protection legislation. The supervisory authority to which we are answerable is Eidgenössischer Datenschutz- und Öffentlichkeitsbeauftragter, Feldeggweg 1, CH – 3003 Bern. Für die E-Mail-Kommunikation mit der Aufsichtsbehörde können Sie folgenden Link nutzen: https://www.edoeb.admin.ch/edoeb/de/home/der-edoeb/kontakt/kontaktformular.html .

Erasure of your data

Generally speaking, we erase or anonymise your personal data as soon as it is no longer needed for the purposes for which we collected or used it in accordance with the sections above. If data needs to be retained for legal reasons, it will be blocked. This means that it will no longer be available for further processing. If you require further information regarding our erasure and retention periods, please contact the controller specified in Section 2 using the relevant contact data.

Changes of purpose

Your personal data will only be processed for purposes other than those described if a legal provision requires this course of action or if you have given your consent to the changed purpose of the data processing. In cases of further processing for purposes other than those for which we originally collected the data, we will notify you of these other purposes prior to the data being processed further, and will provide you with all other information that relates to this.

Automated individual decision-making or profiling

We do not use any automated processing systems for coming to specific decisions – including profiling.

Changes to this privacy policy

The latest version of this privacy policy is available to view at all times on http://www.capranea.com.

1. GENERAL PROVISIONS

1.1. The website www.capranea.com / www.capranea.ch / www.capranea.ski represents a service by the company CAPRANEA Sports AG, having its head office at Mühlegasse 18e, 6340 Baar, Switzerland, registered under company number CH-170.3.032.242-2. Constant availability and seamless functionality of this service cannot be guaranteed.

1.2. The business transactions between CAPRANEA Sports AG (hereinafter referred to as „Capranea“) and the customer („you“) shall be governed by the general terms and conditions of business (‘T&C’) set out here as well as any individual agreements that may have been made.

1.3. The T&C only apply between you and Capranea. These shall supersede all other terms and conditions unless Capranea has agreed otherwise in writing in advance.

1.4. If working days are stipulated as deadlines, this is understood to include all weekdays with the exception of Saturdays, Sundays and public holidays. 1.5. On its pages, Capranea links to third-party pages on the Internet. The following applies to all these links: Capranea has no influence over the design and content of the linked pages. Capranea therefore expressly distances itself from all content of all linked third-party pages. This declaration shall apply to all displayed links and all content of linked pages. 1.6. By accessing the website www.capranea.com / www.capranea.ch / www.capranea.ski, you agree to these T&C without reservation.

2. ORDERING

2.1. The online shop by Capranea merely represents a sales brochure. By presenting the products on the Internet pages Capranea is merely encouraging you to submit offers that are binding on you (orders). The automatic order confirmation automatically sent by Capranea by e-mail does not yet give rise to a contract of sale.

2.2. By transmitting an order you confirm that you have read the T&C and agree to them without reservation.

2.3. A contract of sale only comes about when Capranea ships the products.

2.4. All information relating to availability, shipping and delivery of a product is provisional information and approximate guideline values. They do not represent binding or guaranteed shipping or delivery dates except where such are expressly referred to as a binding date in the shipping options of the respective product.

2.5. If, when processing your order, Capranea establishes that the products you ordered are not available, we shall notify you without undue delay. In this case, a contract relating to the unavailable products shall not come about given the absence of shipment of the ordered products. CAPRANEA SPORTS AG | Mühlegasse 18 | Gebäude E | 6340 Baar | Switzerland phone +41 (0)41 760 67 89 | www.capranea.com | info@capranea.com

3. PRICES AND TAXES

3.1. All specified prices are in Swiss francs (CHF) and include the relevant level of statutory VAT.

3.2. Capranea reserves the right to amend prices at any time, whereby you will be charged for the products on the basis of the prices offered at the point of order.

4. PAYMENT

4.1. The payment method available for the webshop is creditcard.

4.2. Payment will only be performed if you authorise the relevant credit card company to do so. If payment is rejected, Capranea reserves the right to cancel the order and halt dispatch of the products.

4.3. If you pay by credit card, your card will be charged the amount of the ordered products plus shipping costs five working days after order confirmation.

5. DELIVERY

5.1. Standard delivery costs are 6 CHF (within Switzerland). We offer free shipping on all orders over 250 CHF.

5.2. The average delivery time is two to ten working days depending on availability.

5.3. Capranea does its utmost to meet the stated delivery times. However, Capranea is not responsible for any delivery delay, irrespective of the causes.

5.4. Capranea retains title to the delivered goods until full payment has been received.

6. RETURNS AND EXCHANGE

6.1. In case of return of items, the customer proceeds as follows: The customer notifies Capranea of the return by e-mail (info@capranea.com) and provides detailed item information as well as the sender’s address and bank details for any refund. After confirmation by Capranea, the articles are to be delivered in the original packaging to the following address: CAPRANEA Sports AG c/o Cargocare AG Embraport 7, CH-8423 Embrach

6.2. Any costs and risks incurred in the event of returns or exchanges shall not be borne by Capranea. Please note that a handling fee of CHF 9.50 will be charged for each return. 

6.3. Products can only be returned within 14 days of receipt.

7. GUARANTEE AND LIABILITY

7.1. All products are covered by a manufacturer’s guarantee against manufacturing defects. This guarantee applies for twelve months from receipt of the product (guarantee period). Please inspect the products for defects immediately on receipt. If you notice something during this inspection, please contact our customer service team immediately. CAPRANEA Sports AG Mühlegasse 18e CH-6340 Baar web@capranea.com

7.2. If a guarantee claim arises, you are only entitled to have us exchange the defective product for an equivalent, defect-free product during the guarantee period. Any additional or more extensive guarantee claims shall be excluded.

7.3. Capranea excludes any liability on any legal grounds in connection with these T&C and the contractual relationships based on them to the extent permissible by law. CAPRANEA SPORTS AG | Mühlegasse 18 | Gebäude E | 6340 Baar | Switzerland phone +41 (0)41 760 67 89 | www.capranea.com | info@capranea.com

8. INTELLECTUAL PROPERTY

All texts, comments, articles, illustrations and images on www.capranea.com / www.capranea.ch are copyrighted, and Capranea holds all rights thereto. Any use or reproduction of all or parts of the information published on the website is not permitted without the written authorisation of Capranea and may be subject to legal proceedings.

9. CLOSING PROVISIONS

9.1. The website and the products have been produced in accordance with Swiss legal provisions. Capranea accepts no liability for non-compliance with legal provisions if the website or products are used in a different country.

9.2. The information on the website serves merely to illustrate the products on offer and is not contractually binding. Capranea shall not be liable for errors or deviations.

9.3. Where these T&C have been applied to the contractual relationship with you, Capranea is entitled to unilaterally amend these T&C to the extent that this is necessary to remedy any disruption of the equivalence mandate (violation of the rule that the value of duties on both sides must remain roughly the same) or to adapt to altered legal or technical framework conditions. Capranea shall notify you of any amendment of the content of the amended provisions. If you do not make a written objection within six weeks of receipt of the notice of amendment, Capranea shall assume that you agree to the amendments.

9.4. Should any individual provisions of the contract including these T&C be or become invalid in full or in part, or should the contract contain an unforeseen omission, this shall have no bearing on the validity of the remaining provisions or parts of such provisions. The applicable statutory stipulations shall take the place of the invalid or absent provision.

9.5. The place of jurisdiction for any disputes arising in connection with these T&C and the contractual relationships based thereon, irrespective of the legal grounds, is the place of the registered office of Capranea (Baar, Switzerland). Capranea is alternatively entitled to make a claim against you at your place of residence.

9.6. These T&C, the contractual relationships based thereon and any disputes in this respect are governed by substantive Swiss law under the exclusion of the UN Convention on Contracts for the International Sale of Goods of 11 April 1980 (known as the Vienna Convention) and conflict-of laws provisions.