Legal

IMPORTANT NOTE: These terms and conditions apply in the absence of a previously signed written contract between Schiller and its customer or between Schiller and its authorized distributor.

1. General
1.1 These Terms and Conditions of Sale and Delivery of Schiller (“the Terms" or “these Terms”) are binding upon customer when they are declared applicable by Schiller in a Purchase Order (which has a weblink reference to these Terms or attaches these Terms as the case may be), and when the Purchase Order is confirmed in writing by Schiller (“ the Order Confirmation”); and to the extent Schiller and the customer do not expressly and in writing agree to other terms or there exists at the time of the placing of the order a binding, written agreement between the parties setting forth the terms and conditions of sale, whether the other party is a customer or a distributor, in which case such other written agreement shall govern and control. Differing terms and conditions of sale or delivery proposed by the customer will only be binding or modify any existing agreement only to the extent that such terms and conditions are expressly accepted by Schiller in writing. Unless otherwise provided or set forth in a written agreement between Schiller and customer, the relevant rules of the Swiss Code of Obligations (OR) shall apply. For purposes of these Terms, the term “customer” shall mean a  customer purchasing products directly from Schiller or a distributor purchasing such products for resale without an existing written contract with Schiller. The term “the Contract” shall mean these Terms and the written Order Confirmation as confirmed in writing by Schiller.

1.2 Unless otherwise provided or set forth in a written agreement between Schiller and customer, a contract for a specific order shall be created and be binding subject to these Terms only when the customer receives written confirmation of Schiller by way of Order Confirmation confirming that Schiller accepts the order described therein.

2. Rules in the country of destination, protection devices and rules
2.1 The customer shall, at the latest at the time the Purchase Order is placed with Schiller, or at Schiller’s request, disclose and point to Schiller’s attention the rules and regulations applicable in the customer’s country with respect to the services and deliveries of Schiller, especially rules and regulations for protection against disease or accidents or business disruptions.

2.2 The deliveries and services of Schiller products set forth and described in the Order Confirmation are intended to correspond to the rules and regulations at the domicile of the customer, insofar as they are known to Schiller at the time of written acceptance of the Purchase Order by Schiller, but it shall be the customer’s exclusive responsibility to alert and notify Schiller regarding any such rules and regulations.

2.3 The use of hazardous substances and the management of electrical and electronic equipment are intended to meet the fundamental requirements of the WEEE and RoHS Directives (2002/96/EC and 2002/95/EC).

3. Prices
3.1 All Prices quoted by Schiller are strictly net, ex works (EXW, Incoterms 2020), in Swiss Francs, without any deductions. All extra costs, e.g. for packaging, freight, insurance, export, transit, import and other permissions, as well as  certifications, are payable by the customer, unless otherwise agreed to in writing by Schiller.

4.0 Terms of payment
4.1 The customer must effect and make payments to Schiller at the domicile of Schiller in Baar, Switzerland (according to any payment instructions required by Schiller in the Order Confirmation) within thirty (30) days after issuance of an invoice by Schiller or according to the agreed terms of payment. Payment shall be made by customer without any deduction, set-off, withholding or discount, expenses, taxes, duties, fees, tolls and similar offsets. If payment by promissory note is agreed to by Schiller, the customer shall bear all interest, note taxes and expenses of collection, including reasonable attorney’s fees and costs incurred by Schiller to collect any amounts due under said promissory note, which shall be a  separate written instrument.

4.2 Customer must comply with the agreed payment terms and schedule set forth in the Order Confirmation and make such payments in full even if transport, delivery, installation, putting into operation or acceptance of the deliveries or services are delayed or made impossible for reasons for which Schiller is not responsible, or if insignificant parts are missing, or if reworking measures are necessary, that do not make the use of the delivered products impossible or unacceptable. It shall be the sole responsibility of customer to address and resolve any and all issues customer may have or that may arise with customs and government officials, and shipping, transportation and /or warehouse personnel for release and delivery of the products to customer at the destination.

4.3 If the customer does not comply with the payment terms of the Order Confirmation, the customer shall be responsible for and pay interest on the amount in arrears as of the agreed payment date. Interest shall accrue on and apply to arrears and shall correspond to the usual prevailing annual interest at the domicile of Schiller in Baar, Switzerland, but shall be not less than five percent (5%). This provision requiring customer to pay interest is not a waiver of Schiller’s rights to seek any additional compensation and/or damages against customer, and all such rights are expressly reserved herewith.

4.4 If customer does not make any required down-payment towards the Contract and/or provide any guarantee of payment as may be required by Schiller in its sole discretion, Schiller shall have the right to cancel the Contract at Schiller’s convenience or for cause, and Schiller may withdraw performance thereunder without liability to the customer, reserving and not waiving any and all rights against customer to be paid compensation for any damages or losses incurred in preparing to perform and/or beginning to perform, as the case may be.

4.5 If the customer at any time during performance of the Contract by Schiller or the applicable term of the Order Confirmation fails to make any installment payments that may be agreed-upon by Schiller or set forth in the Order Confirmation, or make final payment or fails to comply with the payment terms of the Order Confirmation, or if Schiller has good faith reasons to believe that payment may not be forthcoming from customer, Schiller shall have the right to suspend performance of the Contract and not deliver the product or cancel the Contract after giving notice to the customer and an opportunity to perform within a reasonable period of time, without any liability to customer and reserving and not waiving any and all rights to compensation for any damages or losses incurred in performing or arising out of the suspension or cancellation.

5.0 Retention of title
5.1 Schiller retains title and ownership of its products until they are fully paid.
Customer agrees that Schiller shall have all rights and remedies available in the local jurisdiction where the products may be located to register, protect, preserve and establish Schiller’s ownership and any lien or encumbrance to protect said ownership. Customer grants to Schiller a security interest in all products sold and all proceeds thereof to secure the full payment and performance by customer of its obligations and liabilities to Schiller hereunder. In any bankruptcy or liquidation or dissolution, customer agrees that Schiller shall have the rights of a secured and protected creditor with respect to any unpaid Schiller products.

5.2 To the extent customer may receive and be in possession of Schiller products when title and ownership have not passed to the customer, the customer agrees to keep and maintain adequate insurance to cover said products and protect Schiller’s ownership in and title to them and to adequately and fully insure said products against fire, flood, earthquakes, war, riots, hurricanes, typhoons, tornados, terrorist attack, acts of God and other risks.

6.0 Term of delivery
6.1 The date of delivery of Schiller products shall only be binding when it is specifically confirmed in writing by Schiller by way of the written Order Confirmation as confirmed in writing by Schiller. Customer agrees that delivery shall not be made by Schiller until all official formalities such as import, export, transit and payment permissions are obtained by customer, and after full payment for the products is made to Schiller, unless otherwise agreed to in writing by Schiller. Delivery is expressly made contingent on compliance by customer with these Terms.

6.2 Customer agrees that Schiller may reasonably modify the date of delivery for or because of any or a combination of the following reasons:
(a) when customer has not provided Schiller with the information or specifications needed to fulfill the Contract in due time, or when the customer changes the information or specifications after the Purchase Order is confirmed by Schiller in writing or customer otherwise causes a delay of the deliveries or services;
(b) Force Majeure events over which Schiller has no control, such as fires, earthquakes, hurricanes, typhoons, tornados, tsunamis, floods, epidemics, war, riots, strikes, terrorist acts, labor disputes, lack of or late supply of raw materials, semi-finished or finished products, government official measures, and acts of God;
(c) Customers or third parties affiliated with or used or retained by customer are delayed with respect to customer’s performance or tasks that customer is required to perform under the Contract.

7. Packaging
7.1 Customer agrees that Schiller will invoice customer and be paid for special packaging separately, unless otherwise agreed by Schiller in writing. Where Schiller has informed the customer that Schiller retains ownership of the packaging, and that Schiller wants such packaging returned back, customer agrees to return said packaging to Schiller free of charge and at Schiller’s reasonable cost per Schiller’s instructions to customer.

8. Risk of Loss
8.1 Risk of loss shall pass to the customer with the departure of the deliveries ex works (EXW Incoterms 2020).

8.2 If the shipment is delayed at the request of the customer for other reasons for which Schiller is not responsible, the risk shall pass to the customer at the point of time when delivery ex works was originally planned and was supposed to occur, regardless if the products are located at Schiller’s facilities. From that point of time forward, any Schiller products that are ready for delivery will be stored by Schiller for a reasonable time at the sole expense and risk of the customer.

8.3 Any changes to Schiller’s standard shipment and transportation procedures will only be binding on Schiller only upon previous written agreement by Schiller.

9. Warranties/ Disclaimer of Liability / Acceptance by Customer
9.1 Unless another duration of the limited warranty period is otherwise stated by Schiller in writing in the Contract or in the OEM Schiller product literature included with the product, Schiller warrants its products to be free from defects in material and workmanship for a period of one (1) year from the date of delivery. This is a Limited Warranty and all other warranties, implied or express, are hereby disclaimed. The only remedy under this Limited Warranty for any defects is either repair by Schiller at Schiller’s cost or replacement of the product, at Schiller’s sole discretion. In no event will Schiller’s liability to customer exceed the purchase price of the product in question.
Exclusions: THIS LIMITED WARRANTY COVERS NORMAL USE ONLY. THIS WARRANTY BECOMES NULL AND VOID AND DOES NOT APPLY TO ANY PRODUCT THAT: (a) was sold by non-authorized Schiller distributors or representatives; (b) has been installed, altered, or repaired by non-Schiller authorized personnel or using non-Schiller parts or accessories, unless such installation, alterations, or repairs have been previously approved in writing by Schiller and have been properly performed in accordance with such approval; (c) has not been serviced, operated, maintained, and upgraded (including all software and firmware associated with it) per Schiller’s recommendations and/or specifications; (d) has been damaged or rendered defective by accident, shipment, handling, improper storage, abuse, misuse, neglect, modifications, misapplication, or a failure to exercise due caution in cleaning, maintenance, or operation; (e) has been damaged by any power line variations, such as voltage spikes and transients, noise, under or over voltage conditions, power outages, or any conditions caused by an act of God; (f) has been damaged with that damage attributable to any associated or complementary equipment or software not furnished by Schiller; (g) has been used in an application or manner for which it was not intended or operated under environmental, power, electrical and operating conditions which are beyond those specified by Schiller; or (h) sold by a website or e-commerce platform not previously authorized in writing by Schiller.

9.2 CUSTOMER AGREES THAT IN NO EVENT WILL SCHILLER OR ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, SUPPLIERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY (INCLUDING BUT NOT LIMITED TO END-USER CUSTOMERS) FOR: LOST PROFITS, LOST DATA OR LOST USE, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY INDIRECT, SPECIAL, ENHANCED, EXEMPLARY OR PUNITIVE DAMAGES REGARDLESS OF THE FORM OF ACTION, WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF ONE PARTY OR ANY OTHER PERSON HAS ADVISED SCHILLER, ITS AFFILIATES,SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR PARENT COMPANIES OF THE POSSIBILITY OF SUCH DAMAGES.

9.3 Customer agrees that it shall inspect all deliveries of Schiller hereunder and advise Schiller in writing of any defects within five (5) days of receipt of the products. Failure to notify Schiller in writing within this period shall constitute acceptance of the products by Customer.

9.4 To the fullest extent permitted by law, customer agrees to indemnify and hold harmless Schiller and its affiliates, subsidiaries, parent companies, employees, officers, directors, shareholders, agents, and consultants harmless from and against any and all third party claims, losses, costs and damages of whatever nature, including but not limited to attorney’s fees, experts’ fees, and litigation costs and expenses, arising out of any negligence, errors or omissions or willful conduct by customer or breaches of the Contract by customer and involving personal injury, sickness, disease, death or property damages, including economic loss, but only to the extent caused in whole or in part by the negligent acts, willful conduct or errors or omissions of the customer or its employees, representatives or agents. This indemnification obligation shall survive termination of the Contract or its expiration or fulfillment by customer.

10. Governing Law / Jurisdiction/ Litigation Fees and Costs
10.1 The governing law of the Contract shall be Swiss law unless otherwise agreed to in writing by Schiller. Any and all disputes under the Contract and/or these Terms shall be litigated in the Swiss court available at the domicile of Schiller AG in Baar, Switzerland, except that Schiller reserves the right to file suit in the country or jurisdiction of the customer, in Schiller’s sole discretion. The UN Convention on Contracts for the International Sale of Goods shall not apply.

10.2 If Schiller is the prevailing party in any litigation or dispute under the contract or these Terms, Schiller shall be entitled to recover and be paid by customer, Schiller’s reasonable attorney’s fees, experts’ fees and court costs and litigation expenses.

11. Other Provisions
11.1 Intellectual Property Rights: The products involve valuable patent, copyright, trademark, trade secret and other intellectual property rights of Schiller or its affiliated companies. Schiller reserves all such rights on its own behalf and its affiliated companies. No title to or ownership of any intellectual property rights related to any product is transferred to customer pursuant to these Terms. Customer shall not attempt to reverse engineer any product or component thereof (including any software) or to otherwise misappropriate, circumvent or violate any of Schiller’s, or its affiliated companies’ intellectual property rights.

11.2 Non-waiver: Any failure by Schiller to insist upon or enforce performance by customer of any of the provisions of these Terms or the Contract or to exercise any right or remedy under these Terms or the Contract Agreement or applicable law will not be construed as a waiver or relinquishment to any extent of Schiller’s right to assert or rely upon any such provision, right or remedy in that or any instance.

11.3 Assignment: Customer shall not assign the Contract to any party without the previous written consent of Schiller, and any attempt to assign it without such consent shall automatically render the purported assignment null and void.

11.4 Amendment: No amendment to these Terms or the Contract shall be binding upon Schiller unless Schiller agrees to such amendment in writing.

11.5 Severability: If any portion of these Terms or the Contract is determined by any court of competent jurisdiction or tribunal to be wholly or partially unenforceable, for any reason, such unenforceability shall not affect the balance hereof.

Version: December 2016

1. General

The following provisions shall apply irrespective of whether the orders or deliveries to Schiller AG are goods or services. SCHILLER AG is hereinafter referred to as "SCHILLER".

2. Scope and validity

Only orders placed by SCHILLER in writing (also electronically transmitted) and legally signed are valid. Orders, amendments and supplements placed verbally or by telephone shall only become binding upon written confirmation.

3. Applicable provisions and conclusion of contract

If SCHILLER's order, including the General Terms and Conditions of Purchase, deviates from the supplier's offer, the supplier's silence will be considered as its consent to SCHILLER's order. The acceptance of SCHILLER's order by the supplier also excludes any other terms and conditions of the supplier, even if SCHILLER has not objected to them.

4. Pleas by the supplier

The SUPPLIER shall ensure that he possesses the current specifications listed on the purchase order and that the goods delivered to SCHILLER fully comply with these specifications. SCHILLER must be notified in writing immediately and prior to execution of the order of any doubts on the part of the supplier against the specifications specified in the order from SCHILLER.

5. Confirmation of order

The supplier must confirm the order received from SCHILLER in full and in writing within a maximum of 3 (three) days. The order confirmation must contain a delivery date indicating when the ordered goods will arrive at SCHILLER. If it is not possible for the SUPPLIER to send an order confirmation to SCHILLER within the aforementioned period, the SUPPLIER shall confirm receipt of the order in writing to SCHILLER.

6. Prices

The prices accepted by SCHILLER are binding. Unless otherwise agreed, all incidental procurement costs are included in the prices. Subsequent price increases are excluded unless SCHILLER expressly agrees to them in writing. Additional costs resulting from changes to the order can only be passed on to SCHILLER if they are notified and justified in writing within 30 days of the change to the order and SCHILLER expressly agrees to them in writing. In the case of deliveries for which prices have been agreed ex works abroad, all taxes, export charges and duties in the countries of delivery and transit shall be borne by the supplier, unless otherwise agreed in individual cases.

7. Delivery dates

The delivery dates stated in the order (goods arriving at destination) are binding. If these delivery dates cannot be met, SCHILLER must be informed immediately in writing. The supplier shall be fully liable to SCHILLER for all damages resulting from a delayed delivery. If the agreed delivery dates are exceeded, SCHILLER shall also be entitled to grant the supplier a grace period corresponding to SCHILLER's needs and to insist further on performance after its unused expiry or to cancel the entire order. Partial deliveries or premature delivery of the goods is only permitted by agreement.

8. Required documents

Each shipment must be accompanied by a delivery note with the following information: SCHILLER order and article number, the exact description of the contents and, if required, the test certificates. For shipments imported into Switzerland, a delivery note must also be enclosed with the packaging.

9. Packaging, transport and customs

The supplier shall be liable for damage during transport as a result of inadequate packaging. The INCOTERMS 2010 shall apply with regard to the regulation and division of obligations between SCHILLER and the Supplier. Unless otherwise agreed, DDP (Delivery Duty Paid) shall apply.

10. Transfer of risk

Subject to special written agreements (e.g. INCOTERMS), the Supplier shall bear all risks of loss of or damage to the goods up to the place of destination.

11. Examination of merchandise

After receipt, SCHILLER will check the goods for their identity, the quantity of goods and for externally immediately recognisable defects and inform the supplier in writing of any defects within a reasonable period of time. SCHILLER shall notify the supplier of any other defects which are only discovered during the use, processing or intended use of the goods after the defects have been discovered. In this respect, the supplier waives the defence of late notification of defects.

12. Invoice, terms of payment and securities

Unless otherwise agreed, payment shall be made within 30 (thirty) days of receipt of the invoice and subject to the correct finding of the goods and/or services supplied. The supplier shall quote the SCHILLER order number on each recurring invoice as well as the country of origin and customs tariff numbers. In the case of advance payment, the supplier shall provide appropriate security (e.g. bank guarantee) upon request.

13. Warranty

The supplier fully guarantees the functionality and quality of all deliveries for two years from the date of delivery. In addition, the supplier guarantees that the supplies comply with all relevant standards and all applicable statutory provisions relating to work and operational safety as well as the relevant EU directives, in particular but not limited to RoHS compliance, REACH, SEC, Conflict Mineral Regulation and EMC regulations. Defective deliveries entitle SCHILLER to demand either replacement or subsequent improvement during the entire warranty period, at SCHILLER's discretion. If SCHILLER has evidence that a similar defect exists in all delivered products, SCHILLER may carry out a replacement action, even if the warranty period has already expired. The same warranty period starts anew for all warranty deliveries or warranty work.

The supplier undertakes to assist SCHILLER in identifying defective parts at its own expense, sorting them out and determining the cause of the defect within a reasonable period of time and notifying SCHILLER thereof. In urgent cases or if the supplier is unable to remedy the defects immediately, SCHILLER shall be entitled to have the defects remedied or to remedy them itself at the supplier's expense. If replacement or rectification is not made within the set period, SCHILLER shall be entitled to immediately cancel the entire order. In any case and without proof of fault, the supplier is obliged to pay SCHILLER full damages (including all consequential damages).

14. Product liability

If a claim is asserted against SCHILLER by an injured party due to product liability and if the cause of the defect can most probably be attributed to the supplier, the supplier shall be obliged to indemnify SCHILLER from this liability towards the injured party without restriction and without it having to prove any fault on his part. The supplier shall inform SCHILLER of all possible defects and potential or actual hazards arising from his supplier products which have occurred with other manufacturers/consumers or of which he has become aware in some other way. If SCHILLER itself has to warn customers or recall its own products due to defects of the supplied product, the supplier shall, without proof of fault, take out product liability insurance for SCHILLER for all necessary and own product liability and shall, upon SCHILLER's request, submit a confirmation from the insurer or allow SCHILLER to inspect the policy.

15. Quality assurance and inspection rights

The supplier shall do everything necessary to ensure the quality assurance of the goods or parts thereof to be delivered, including adequate qualification of the personnel. He shall ensure that only inspected goods are delivered to SCHILLER. Certain quality specifications (e.g. standards, drawings, specifications, product specifications) must be adhered to by the supplier. If the supplier is aware of the inaccuracy or potential danger of certain specifications, he must immediately notify SCHILLER in writing of this circumstance. SCHILLER is entitled to regularly check compliance with the specifications and the implementation of the necessary and agreed quality assurance measures at the supplier's premises. The supplier shall grant SCHILLER the necessary access to the production facilities and inspection of its quality assurance measures, such as measurement reports, test results, samples, etc. in accordance with the statutory provisions.

16. Management of change

The supplier shall be obliged to obtain the written consent of SCHILLER before making any changes to products which are the responsibility of the supplier's specifications and to provide the quality proofs required in this context. In the case of goods for which SCHILLER is responsible for specifications (technical specifications such as drawings by SCHILLER), the supplier is obliged to compare the revision status of his production documents with those of the current order from SCHILLER. Deviations must in any case be rectified with SCHILLER prior to the start of production or delivery.

17. Copyrights and Patents

The supplier is responsible for ensuring that the delivery does not infringe any third-party copyrights, patents, trademarks, utility models or existing statutory provisions. He shall be liable for all consequences of such an infringement.

18. Duty of confidentiality

The supplier undertakes not to disclose to any third party, either directly or indirectly, any knowledge and information which he may obtain in connection with the cooperation with SCHILLER or which he may otherwise obtain through the cooperation and not to use it himself for his own or other purposes.

19. Contract modifications

Amendments and supplements to the contract between SCHILLER and the supplier must be made in writing. Verbal agreements are invalid. If a provision of these General Terms and Conditions of Purchase is invalid, the remaining part of the General Terms and Conditions of Purchase shall nevertheless apply mutatis mutandis.

20. Applicable law and jurisdiction

The ordinary courts at SCHILLER's registered office shall have exclusive jurisdiction for the judicial assessment of all disputes between the supplier and SCHILLER. However, SCHILLER has the right to sue the supplier at the supplier's registered office.

Intellectual property rights
All documents, trademarks or other intellectual property rights on this website are the property of SCHILLER AG or its affiliated (subsidiary) companies or are used with permission of the owners or are only cited, and are subject to the rights of the respective owners as well as copyright.

By providing information, SCHILLER AG does not grant any intellectual property licenses such as patents, trademarks or copyrights. Reproduction for personal use is allowed. Unauthorised modification, copying, transfer, loan, transmission and distribution is prohibited. Documents from this website may not be sold or otherwise used for commercial purposes. This website contains other proprietary notices and copyright information, the terms of which must be observed and followed. The information provided on this website may be changed or updated without notice.

Contents
SCHILLER AG may make improvements and/or changes to the products, technical information, images and/or programs described on this website at any time and without notice. Not all products described on this website are available in all markets. A product may have different technical characteristics and characteristics depending on the location of a particular market and must be approved by the regulatory authority.

Care has been taken to ensure that the information on this website is correct. SCHILLER AG endeavours to avoid technical faults. However, considering the amount of information, it is not possible to exclude errors and omissions.

In addition, SCHILLER AG accepts no liability for the accuracy or completeness of the information provided by SCHILLER AG. The use of this information is at the risk of the recipient. SCHILLER AG assumes no liability for the fact that described problems can be solved by the use of information provided by SCHILLER AG. SCHILLER AG does not wish to receive any confidential or copyrighted information via its website. Information or documents sent to SCHILLER AG are classified as NOT confidential. By sending us information or documents, you hereby give SCHILLER AG the right to use, reproduce, present, quote, modify, transmit and distribute this information or documents free of charge and irrevocably. You also agree that SCHILLER AG may use any ideas, concepts, know-how or procedures that you have given us for any purpose. We will not disclose your name or identify you as the sender of the information or records, unless: a) we receive your consent to identify your name; or b) we mention in certain parts of our website that the documents or other information provided for this particular part of the website are published or otherwise used by identifying your name; or c) if required by law.

External links
Our website may contain links to external websites of third parties over whose contents we have no influence. Therefore, we cannot assume any warranty or liability for these external contents. The respective providers or operators of the sites are always responsible for the contents of the linked sites.

Purpose of the data protection statement
This data protection statement relates to the handling of personal data of individuals for the purpose of the DSG [Data Protection Act] of customers and other interested persons by SCHILLER AG, Altgasse 68, 6341 Baar, Switzerland, (hereinafter “SCHILLER”, “we” or “us”).

Please note that this data protection statement may be subject to change. If changes are intended, we will inform you accordingly in each case.

Basis of data processing
We process personal data based on different bases:

• On the basis of incoming or initiated contractual relationships;
•  If necessary for the protection of legitimate interests of SCHILLER;
• To fulfil legal obligations; as well as
• Where appropriate, on the basis of consent.

Purposes of the data processing

SCHILLER processes personal data of private persons concerned (the “persons concerned”) for the following purposes:

• For contract initiation, in particular for quotation and negotiation purposes;
• For the fulfilment of contractual obligations as well as for the use of contractual rights from concluded contracts, in particular for the shipment of ordered products, for the processing of customer inquiries, for collection purposes, etc.;
• For correspondence relating to contractual relationships or on the initiative of the persons concerned;
• As part of applications for online advertised bodies to carry out recruiting processes;
• For accounting and archiving as well as for the fulfilment of legal requirements;
• To operate the SCHILLER website;
• For advertising purposes and marketing measures, in particular for newsletter distribution, whereby a separate consent may be obtained in accordance with applicable laws.

Rights of the persons concerned
In connection with the processing of personal data, the persons concerned below are entitled by law to the following rights. Please note that their existence and scope may vary depending on specific applicable data protection legislation:

• Information: Persons concerned have the right to learn from SCHILLER whether and/or which personal data is being processed by them. For this purpose, requests for information may be made.
• Correction: If personal data are incorrect, the persons concerned have a legal right to correction.
• Objection: If the processing of personal data is based on the legitimate interests of SCHILLER, the persons concerned may object to the processing of their personal data. This shall only apply if they are in such a special situation that their personal interest precludes the processing of their personal data. Here too, compelling, overriding reasons for SCHILLER remain reserved. Please also note that persons concerned may object to the use of their personal data for direct mail. Processing based on other reasons is unaffected by objections.
• Withdrawal of consent: If the processing of the personal data is based on the consent of the persons concerned, the person concerned may withdraw that consent. Processing based on other grounds remains unaffected by revocation of consent. The revocation only applies to the future.
• Restriction: Under certain conditions, the person concerned may demand the restriction of the processing of his personal data. This takes place, for example, if the accuracy of the data is doubted. Please keep in mind that this may limit or even make impossible the provision of services by SCHILLER.
• Data portability: Depending on the applicable data protection law, the personal data provided to us by the person concerned may be reclaimed in a common and machine-readable format and - subject to significant conflicting interests - reused.
• Deletion: The person concerned has a legal right to delete his personal data, if they are no longer needed for the purpose for which they were collected or in case of justified objection. In any case, the use for legal reasons as well as the assertion, exercise and defence of legal claims remains reserved.
• Complaints: We also inform you that, depending on the applicable data protection law, persons concerned may have a legal right of appeal to their data protection authority if they disagree with the handling of their personal data.

Other recipients of personal data
In particular, SCHILLER may make use of service providers or, for organisational purposes, external service providers as order data processors. Typical examples are distribution partners, external IT service providers, external consultants or external commercial service providers. In addition, the transfer of personal data within the SCHILLER Group is possible. Data protection always remains guaranteed.

In addition, the disclosure of personal data to public authorities is reserved for legal reasons or for the enforcement and prosecution of legal claims.

Place of the data processing
Data processing by SCHILLER generally takes place in Switzerland or in the country of the SCHILLER branch/subsidiary responsible for the matter. In addition, a disclosure of personal data abroad is possible. The announcement is made in countries that have an equivalent level of data protection or in the application of appropriate data protection guarantees or in the light of the consent of the person concerned.

We are available if you have any questions.

Duration of storage of personal data
Personal data of the persons concerned are kept for as long as is necessary for the fulfilment of the purpose of processing or as long as SCHILLER has a legitimate interest in doing so. In particular, legally stipulated retention periods are also decisive for the storage of relevant business documents.

Cookies, Google Analytics and plugins
This website uses cookies and Google Analytics as well as various social media plugins. For more information, please refer to the detail of our declaration on the use of cookies and plugins.

Contact
For inquiries in connection with the processing of personal data as well as for the exercise of claims, we are gladly available to the persons concerned at info@schiller.ch. We endeavour to process incoming requests in a timely manner.

Cookies
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Cookies are text files that are filed and stored on a computer system via an Internet browser. Many websites and servers use Cookies. Many Cookies contain a so-called Cookie ID. A Cookie ID is a unique identifier of the Cookie. It consists of a string through which websites and servers can be assigned to the specific Internet browser in which the Cookie was stored. This allows visited websites and servers to distinguish the individual browser of the persons concerned from other Internet browsers that contain other Cookies. A particular web browser can be recognised and identified by the unique Cookie ID.

By the use of Cookies, SCHILLER can provide users of this website with more user-friendly services that would not be possible without the Cookie setting. By means of a Cookie, the information and offers on our website can be optimised for the user. Cookies enable us to recognise our website users. The purpose of this recognition is to make it easier for users to use our website.

The person concerned may prevent the use of Cookies through our website at any time by means of a corresponding setting of the Internet browser used, thereby permanently preventing the use of Cookies. Furthermore, Cookies that have already been set may be deleted at any time via an Internet browser or other software program. This is possible with all common Internet browsers. If the person concerned deactivates the use of Cookies in the Internet browser used, not all functions of our website may be fully usable.

Use of Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses “Cookies”, 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 (including the IP address) is usually transmitted to a Google server in the USA and stored there.

However, if IP anonymisation is activated on this website, your IP address will be first shortened by Google within member states of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there. IP anonymisation is active on this website. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator.

The IP address of your browser provided within the scope of Google Analytics will not be merged with other data from Google. You can prevent the storage of Cookies by a corresponding setting of your browser software; however, please note that if you do this, you may not be able to use all the features of this website to the fullest extent possible. In addition, you may prevent the collection by Google of the data generated by the Cookie and related to your use of the website (including your IP address) as well as the processing of this data by Google by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de

As an alternative to the browser add-on or in browsers on mobile devices, please click this link, to prevent the collection by Google Analytics on this website in the future (the opt-out functions only in the browser and only for this domain). In the process, an opt-out Cookie is stored on your device. If you delete your Cookies in this browser, you must click this link again.

Social media and other plugins
Our website uses the following social media plugins:

Facebook: On our pages, plugins of the social network, Facebook, 1601 South California Avenue, Palo Alto, CA 94304, USA are integrated. The Facebook plugins can be recognised by the Facebook logo or the “Like button” (“Like me”) on our site. An overview of the Facebook plugins can be found here: http://developers.facebook.com/docs/plugins/. When you visit our pages, the plugin establishes a direct connection between your browser and the Facebook server. Facebook receives the information that you have visited our site with your IP address. If you click on the Facebook “Like button” while you are logged into your Facebook account, you can link the contents of our pages to your Facebook profile. As a result, Facebook can assign the visit to our pages to your user account. We point out that we, as the provider of the pages, are not aware of the content of the data transmitted and their use by Facebook. Further information can be found in the data protection statement of Facebook at http://de-de.facebook.com/policy.php If you do not wish Facebook to associate your visit to our pages with your Facebook user account, please log out of your Facebook user account.

Twitter: Functions of the Twitter service are integrated on our sites. These functions are offered by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. By using Twitter and the “retweet” function, the websites you visit are linked to your Twitter account and shared with other users. This data is also transmitted to Twitter. We point out that we, as the provider of the pages, are not aware of the content of the transmitted data and their use by Twitter. For more information, see the data protection statement of Twitter at http://twitter.com/privacy. You can change your data protection settings on Twitter in the account settings at http://twitter.com/account/settings .

YouTube: This website contains at least one plugin from YouTube, which is owned by Google Inc., located in San Bruno, California, USA. As soon as you visit our website with a YouTube plug-in, you will be connected to the YouTube servers. At the same time, the Youtube server will be told which specific page of our internet presence you visited. If you are also logged in to your YouTube account, YouTube would allow you to associate your browsing experience directly with your personal profile. You can negate this possibility of assignment by logging out of your account beforehand. For more information about the collection and use of your data by YouTube, please refer to the data protection statement at http://www.youtube.com.

LinkedIn: You can find plugins on our website from either the LinkedIn social network or the LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, United States (hereinafter “LinkedIn”). You can recognise the LinkedIn plugins by the corresponding logo or the “Recommend button”. Please note that when you visit our website, the plugin establishes a connection between your respective internet browser and the LinkedIn server. LinkedIn is informed that our website has been visited with your IP address. If you click on LinkedIn’s “Recommend button” and at the same time you are logged in to your LinkedIn account, you have the option of linking content from our Internet pages to your LinkedIn profile page. In doing so, you allow LinkedIn to assign your visit to our website to you or your user account. You should understand that we do not obtain knowledge of the content of the submitted data and its use by LinkedIn. For more details on collecting the data and your legal options, as well as setting options, please visit LinkedIn. These will be made available at http://www.linkedin.com/static?key=privacy_policy&trk=hb_ft_priv.

XING: This website uses the XING share button. Therefore, when connecting to this website, your browser will connect to the servers of XING AG, Gänsemarkt 43, 20354 Hamburg, Germany. This will provide the share functions (e.g. displaying the counter value). A retention of personal data of you from accessing this website is not made. In particular, XING does not store IP addresses. Nor is your usage behaviour evaluated. You can read the current information on data protection regarding the “Share-Buttons” as well as other relevant information at https://www.xing.com/app/share?op=data_protection .