1. An overview of data protection

General

The following gives a simple overview of what happens to your personal information when you visit our website. Personal information is any data with which you could be personally identified. Detailed information on the subject of data protection can be found in our privacy policy found below.

Data collection on our website

Who is responsible for the data collection on this website?
The data collected on this website are processed by the website operator. The operator’s contact details can be found in the website’s required legal notice.

How do we collect your data?
Some data are collected when you provide it to us. This could, for example, be data you enter on a contact form.

Other data are collected automatically by our IT systems when you visit the website. These data are primarily technical data such as the browser and operating system you are using or when you accessed the page. These data are collected automatically as soon as you enter our website.

What do we use your data for?
Part of the data is collected to ensure the proper functioning of the website. Other data can be used to analyze how visitors use the site.

What rights do you have regarding your data?
You always have the right to request information about your stored data, its origin, its recipients, and the purpose of its collection at no charge. You also have the right to request that it be corrected, blocked, or deleted. You can contact us at any time using the address given in the legal notice if you have further questions about the issue of privacy and data protection. You may also, of course, file a complaint with the competent regulatory authorities.

Analytics and third-party tools

When visiting our website, statistical analyses may be made of your surfing behavior. This happens primarily using cookies and analytics. The analysis of your surfing behavior is usually anonymous, i.e. we will not be able to identify you from this data. You can object to this analysis or prevent it by not using certain tools. Detailed information can be found in the following privacy policy.

You can object to this analysis. We will inform you below about how to exercise your options in this regard.

2. General information and mandatory information

Data protection

The operators of this website take the protection of your personal data very seriously. We treat your personal data as confidential and in accordance with the statutory data protection regulations and this privacy policy.

If you use this website, various pieces of personal data will be collected. Personal information is any data with which you could be personally identified. This privacy policy explains what information we collect and what we use it for. It also explains how and for what purpose this happens.

Please note that data transmitted via the internet (e.g. via email communication) may be subject to security breaches. Complete protection of your data from third-party access is not possible.

Notice concerning the party responsible for this website

The party responsible for processing data on this website is:

Air Fröhlich Engineering AG
Weidwiesen
CH-8587 Oberaach
Telefon: +41 (0) 71 414 70 00
E-Mail: info@afe.swiss

The responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (names, email addresses, etc.).

Revocation of your consent to the processing of your data

Many data processing operations are only possible with your express consent. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.

 SSL or TLS encryption

This site uses SSL or TLS encryption for security reasons and for the protection of the transmission of confidential content, such as the inquiries you send to us as the site operator. You can recognize an encrypted connection in your browser’s address line when it changes from “http://” to “https://” and the lock icon is displayed in your browser’s address bar. If SSL or TLS encryption is activated, the data you transfer to us cannot be read by third parties.

Information, blocking, deletion

As permitted by law, you have the right to be provided at any time with information free of charge about any of your personal data that is stored as well as its origin, the recipient and the purpose for which it has been processed. You also have the right to have this data corrected, blocked or deleted. You can contact us at any time using the address given in our legal notice if you have further questions on the topic of personal data.

3. Data collection on our website

Cookies

Some of our web pages use cookies. Cookies do not harm your computer and do not contain any viruses. Cookies help make our website more user-friendly, efficient, and secure. Cookies are small text files that are stored on your computer and saved by your browser.

Most of the cookies we use are so-called “session cookies.” They are automatically deleted after your visit. Other cookies remain in your device’s memory until you delete them. These cookies make it possible to recognize your browser when you next visit the site.

You can configure your browser to inform you about the use of cookies so that you can decide on a case-by-case basis whether to accept or reject a cookie. Alternatively, your browser can be configured to automatically accept cookies under certain conditions or to always reject them, or to automatically delete cookies when closing your browser. Disabling cookies may limit the functionality of this website.

Cookies which are necessary to allow electronic communications or to provide certain functions you wish to use (such as the shopping cart) are stored pursuant to Art. 6 paragraph 1, letter f of DSGVO. The website operator has a legitimate interest in the storage of cookies to ensure an optimized service provided free of technical errors. If other cookies (such as those used to analyze your surfing behavior) are also stored, they will be treated separately in this privacy policy.

Server log files

The website provider automatically collects and stores information that your browser automatically transmits to us in “server log files”. These are:

  • Browser type and browser version
  • Operating system used
  • Referrer URL
  • Host name of the accessing computer
  • Time of the server request
  • IP address

These data will not be combined with data from other sources.

The basis for data processing is Art. 6 (1) (f) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract.

Contact form

Should you send us questions via the contact form, we will collect the data entered on the form, including the contact details you provide, to answer your question and any follow-up questions. We do not share this information without your permission.

We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.

We will retain the data you provide on the contact form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Any mandatory statutory provisions, especially those regarding mandatory data retention periods, remain unaffected by this provision.

4. Analytics and advertising

Google Analytics

This website uses Google Analytics, a web analytics service. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

Google Analytics uses so-called “cookies”. These are text files that are stored on your computer and that allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.

Google Analytics cookies are stored based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in analyzing user behavior to optimize both its website and its advertising.

Browser plugin

You can prevent these cookies being stored by selecting the appropriate settings in your browser. However, we wish to point out that doing so may mean you will not be able to enjoy the full functionality of this website. You can also prevent the data generated by cookies about your use of the website (incl. your IP address) from being passed to Google, and the processing of these data by Google, by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

Objecting to the collection of data

You can prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie will be set to prevent your data from being collected on future visits to this site: Disable Google Analytics.

For more information about how Google Analytics handles user data, see Google’s privacy policy: https://support.google.com/analytics/answer/6004245?hl=en.

Google reCAPTCHA

We use “Google reCAPTCHA” (hereinafter “reCAPTCHA”) on our websites. This service is provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”).

reCAPTCHA is used to check whether the data entered on our website (such as on a contact form) has been entered by a human or by an automated program. To do this, reCAPTCHA analyzes the behavior of the website visitor based on various characteristics. This analysis starts automatically as soon as the website visitor enters the website. For the analysis, reCAPTCHA evaluates various information (e.g. IP address, how long the visitor has been on the website, or mouse movements made by the user). The data collected during the analysis will be forwarded to Google.

The reCAPTCHA analyses take place completely in the background. Website visitors are not advised that such an analysis is taking place.

Data processing is based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in protecting its site from abusive automated crawling and spam.

For more information about Google reCAPTCHA and Google’s privacy policy, please visit the following links: https://www.google.com/intl/de/policies/privacy/ and https://www.google.com/recaptcha/intro/android.html.

5. Newsletter

Newsletter data

If you would like to receive our newsletter, we require a valid email address as well as information that allows us to verify that you are the owner of the specified email address and that you agree to receive this newsletter. No additional data is collected or is only collected on a voluntary basis. We only use this data to send the requested information and do not pass it on to third parties.

We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1) (a) DSGVO. You can revoke consent to the storage of your data and email address as well as their use for sending the newsletter at any time, e.g. through the “unsubscribe” link in the newsletter. The data processed before we receive your request may still be legally processed.

The data provided when registering for the newsletter will be used to distribute the newsletter until you cancel your subscription when said data will be deleted. Data we have stored for other purposes (e.g. email addresses for the members area) remain unaffected.

6. Plugins and tools

Google Maps

This site uses the Google Maps map service via an API. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

To use Google Maps, it is necessary to save your IP address. This information is generally transmitted to a Google server in the USA and stored there. The provider of this site has no influence on this data transfer.

The use of Google Maps is in the interest of making our website appealing and to facilitate the location of places specified by us on the website. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.

Further information about handling user data, can be found in the data protection declaration of Google at https://www.google.de/intl/de/policies/privacy/.

Scope of application

  1. Unless other arrangements are expressly and in writing agreed upon in the confirmation of order, the following conditions shall be deemed to govern the relations between the parties.

Assembly, operating and maintenance instructions shall, where so mentioned in the confirmation of order, form an integral part of these conditions.

The customer shall draw the attention of AIR FRÖHLICH to legal, official and other regulations that have to be observed in the performance of the contract.

Scope of delivery

  1. The scope and implementation of delivery shall be bindingly governed solely by our confirmation of order. Subsequent amendments which may prove necessary as the result of the customer having provided incorrect or incomplete information, shall be separately invoiced.
  2. We reserve the right to depart from the construction specifications and those conditional upon manufacturing requirements as stipulated in our confirmation of order insofar as such changes do not affect the performance and dimensions of the finished product.

Diagrams and other documentation shall remain the property of AIR FRÖHLICH.

Delivery dates

  1. Agreed delivery dates shall be calculated from the day on which the order is confirmed in writing and/or from the date of receipt by us of any necessary official permits. Loading day shall be deemed delivery day.
  2. The delivery period shall appropriately extended in the case of unforeseen events such as acts of God, etc. The period shall likewise be extended should the customer fail to produce the necessary documentation, should the order be amended or if the agreed payments are not made on time.
  3. Should the delivery date not be met for reasons for which we are responsible, our liability for damages in the case of proven prejudice shall be limited to a maximum of 5% of the free ex-works sales price of that item which we are late in delivering.
  4. We shall be entitled to make part deliveries.

Transport and transport insurance

  1. The goods shall be carried, at our cost and risk, as far as the customer’s building site or domicile.
  2. The customer shall be responsible for off-loading in accordance with the technical instructions provided by AIR FRÖHLICH. The customer shall, on the delivery date indicated by ourselves, make available all necessary labour and equipment for the off-loading. The customer shall meet the cost of any delay or waiting time that the carrier may charge for as well as any additional expenses incurred if, through no fault of ours, the goods cannot be off-loaded at the appointed time.
  3. Fragile goods (such as glass heat-exchangers) shall be additionally insured against the usual transport risks. The insurance shall be valid from place of departure to place of arrival (appliance mounting). It shall, however, in all cases end no later than 10 days after arrival of the goods with the recipient party. With respect to procedure to be followed in the case of damage, please see Arts. 13 and 14.
  4. Should the goods be temporarily stored during the course of transport, the insurance cover shall also be valid for the continued transport to the final destination provided that such further transport, be effected within 30 days of the goods having left our works. Should such temporary intermediate storage last longer, the customer may, before transport begins, request an extension of insurance cover.
  5. Our insurance and liability exclude all direct secondary risks such as idle time, delayed deliveries, disruption, loss of value after repair, etc. The customer shall be responsible for having any such risks covered.
  6. Damage reports shall be submitted to carrier (rail or road) immediately or shall be noted on the delivery docket and signed. Damage which is not immediately apparent shall be reported no later than seven days after delivery failing which it will be assumed that the goods were delivered in perfect condition.
  7. In the case of damage (other than trifling cases), we are to be immediately asked for the address of the responsible damage assessor who shall be called in to assess the damage.

Testing and assembly

  1. The products shall be tested prior to dispatch and pursuant to our testing conditions.
  2. During assembly, our assembly instructions and the indications of any staff that we may make available for the purpose shall be strictly observed. The cost of any such staff that we may provide shall be met by the customer.

Conditions of payment

  1. Unless otherwise agreed, our prices shall be taken as net and in Swiss francs and shall fall due as follows:

– ⅓ of the invoiced total with order (confirmation of order)

– ⅓ of the invoiced total when the goods are ready for dispatch

– ⅓ of the invoiced total 30 days net after delivery

In the case of part deliveries, the appropriate part payments shall fall due. Payments in arrears shall be subject to interest on arrears notwithstanding any other rights we may have with respect to such delays. If, as the result of events beyond our control, the dispatch of completed goods or the assembly for commissioning thereof should suffer delay, payment shall be due as if the delivery, assembly and commissioning had taken place as envisaged. Payments shall likewise be due at the appointed dates even if additional work is required under the terms of our guarantee. The customer hereby relinquishes any right to offset against payments due any claims it may have on the supplier.

  1. We shall be entitled to withhold consignments should we have any reason to doubt payment of the agreed sums. We shall not calculate interest on any payments already made to us.

Guarantee and liability

  1. We hereby guarantee the performance and quality of our products for a period of 12 months from delivery to the customer.
  2. The guarantee shall not cover damage caused by an act of God, by the utilization of the delivered apparatus for a purpose other than that for which it was envisaged as stated in the confirmation of order or in a manner other than that indicated in the operating instructions, by excessive temperatures, temperature differences or speeds of temperature change or air or pressure conditions or by any failure to observe our instructions regarding the planning, on-site delivery and assembly of the plant.

The operational guarantee shall also lapse in the case of insufficient maintenance or cleaning or the use of unsuitable fuels. The guarantee shall not cover parts or fuels subject to normal wear and tear (such as piston rings, electrical components, fire-brick linings or V-belts).

  1. The guarantee shall lapse if the customer falls immediately to register its claim in writing on discovering a fault. For claims concerning the performance guarantee, only measurements made in accordance with the recognized rules of the technique will be accepted. the guarantee shall also lapse if the customer effects or causes to be effected any alteration or repair work without our written approval.
  2. We shall be deemed to have met our guarantee obligations if, at our discretion, we repair or replace any parts which can be shown to be imperfect or unusable as the result of faulty materials or workmanship. We shall meet the cost of any repairs or exchanges effected in our workshops.

The customer shall meet the cost of stripping and reassembling the device and of any transport involved.

Should the device be repaired on the spot, we shall meet all such costs as would have been incurred had the repair been effected in our workshops. In such cases, the customer shall, at its own expense, provide all conditions necessary for the execution of such work and especially any necessary auxiliary staff. Subject to special arrangements to contrary, the customer shall be liable for the travel expenses of our mechanics.

  1. Should our deliveries include apparatus from other manufacturers (such as burners, control units or ventilators), such apparatus shall be covered by the guarantee and delivery conditions of the respective manufacturers. We shall cede all claims under such guarantees to our customer and shall thus be absolved from any further liability on respect thereof.
  2. We hereby expressly reject any further claims by the customer such as claims for reduction in the purchase price, damage in respect of secondary loss or redhibition.
  3. Any execution of guarantee performance through AIR FRÖHLICH does neither interrupt nor restart the duration of guarantee.

Final provisions

  1. Place of performance for both parties shall be the place of domicile of the seller.
  2. Jurisdiction shall lie with the courts of Amriswil.
  3. The contract shall be subject exclusively to Swiss law.
  4. The purchaser may assign its claims to third parties only with our agreement.