General Terms and Conditions biolini GmbH
1. Scope of Application
Bioflix is operated by biolini GmbH, Lothringerstrasse 162, 4056 Basel-Stadt ("biolini") and all legal transactions between the member* and biolini that arise in this context are exclusively concluded on the basis of these General Terms and Conditions (hereinafter referred to as "GTC"). Biolini does not recognize any deviating conditions of the member and expressly objects to them, unless biolini has expressly agreed to their validity in writing. By registering for access (see section 2. Registration), the member expressly and unreservedly agrees to the GTCs. biolini reserves the right to change these GTCs at any time. The changes will be announced on the website www.bioflix.ch and will come into effect with their publication. By accessing Bioflix for the first time after the publication of the new GTCs, the member accepts the new provisions. *For the sake of simplicity, the use of the language forms male, female, and diverse (m/f/d) is dispensed with. All personal designations apply equally to all genders.
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2. Registration
Registration to access Bioflix is done through the website www.bioflix.ch. Registration for Bioflix is reserved exclusively for legally competent individuals. In connection with registration, the member is made aware of the Terms and Conditions as well as the Privacy Policy and must accept these in order to use Bioflix.
Each member is prompted to provide the necessary personal information during registration. The member must provide complete and truthful information for the registration. The member is responsible for updating their own data. Registration is free of charge. There is no entitlement to admission to Bioflix. Following successful registration, the member will receive a personal QR code that allows access to Bioflix.
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3. Access
Access to Bioflix is granted by scanning the personal QR code provided to members by Bioflix at the entrance of the location. Members are required to hold their QR code in front of the scanner for 3-5 seconds. Access can be granted at any time of day or night, 365 days a year. The right of access to Bioflix is personal and the customer's personal QR code must not be used by third parties. Accordingly, the personal QR code must not be lent or transferred to others. If two or more people enter Bioflix with the same QR code, a video camera installed at the entrance will be checked. In this case, access may be terminated without prior notice.
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4. Shopping with self-checkout
Self-checkout solution. The self-checkout solution is the only payment option available at Bioflix. Payment is only possible with the payment methods accepted by Bioflix. The member has read and understood the user manual. During shopping, the member places the desired items in the shopping cart and then proceeds to the self-checkout station. The member scans all items in the shopping cart, and a beep sound indicates successful scanning. The self-checkout station screen displays the item name, price, and the total cost of the purchase. For items without a barcode, symbols are available on the screen that the member can touch to register the item. The member is responsible for the complete and lawful registration of all items in the shopping cart. The member is aware that all items in the shopping cart must be paid for. At the end of the scanning process, the member confirms the complete and lawful registration of all items in the shopping cart by tapping the green checkmark symbol on the checkout. When leaving Bioflix, the member is only allowed to take products that have been paid for.
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Sampling. By accepting these terms and conditions, the member agrees to undergo occasional sampling by biolini personnel at random intervals. The comparison of the member's purchases with the receipt will be carried out by the personnel at the self-checkout station. Any discrepancies found will be corrected, and the member is obliged to pay the actual amount of their purchases. The member must be able to identify themselves with their personal information in case of suspicion of abuse and/or theft. The personal information may be recorded by the personnel. In the case of repeated suspicion of abuse, biolini reserves the right to take any necessary steps against the customer.
Availability and shutdown of the self-checkout solution. The member acknowledges that the self-checkout solution and these terms and conditions may be changed at any time, with prior notice given by biolini. biolini also reserves the right to shut down the system if necessary.
Termination and revocation of authorization. If a member has not used the system within 12 months, biolini may revoke their authorization. However, the member can reapply for the system at any time. biolini also reserves the right to revoke authorization for the system without giving reasons.
Video surveillance. The Bioflix store only has partial personnel present. Therefore, biolini operates a 24/7 video surveillance system in the Bioflix store to prevent or investigate criminal behavior, such as vandalism or theft. Additionally, the surveillance ensures that all food items (packaged and unpackaged) are not negatively affected by store customers. By entering the Bioflix store, the member agrees to this procedure. A corresponding privacy notice is posted at the entrance of the Bioflix location. The images captured are used exclusively for security purposes and are typically stored for 120 to 168 hours. In case of certain incidents that require further storage and processing of the surveillance footage (e.g., as part of criminal investigations), the footage may be stored as long as biolini deems necessary.
Theft and abuse. Leaving the Bioflix store with unpaid items is considered theft and will be prosecuted. biolini will report any theft or other criminal activity (e.g., vandalism) to the police and charge a flat fee of CHF 150.- per incident as a handling fee. The right to claim additional damages is expressly reserved. The member acknowledges that biolini disclaims any liability for abusive and/or improper use of the self-checkout. Additionally, the member is aware that the self-checkout station is the property of biolini and must be handled with care. In case of intentional damage, the member may be held accountable and is liable for any resulting damages.
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5. Privacy Policy
biolini collects certain personal data in the context of the Bioflix offer. You have agreed to the collection, processing, storage and use of this data when you signed up online. For further information, please refer to our privacy policy below.
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6. Prices
Images of products in flyers, newsletters, price tags, websites, etc. are for illustration purposes only and are not binding. All prices are in Swiss francs, including applicable value added tax. The prices stated in the cash register system are always decisive. For products that are charged by weight (fruits, vegetables, etc.), the basic price per unit of measurement applies. biolini reserves the right to make price errors and changes.
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7. Liability
Except in cases of mandatory liability (product liability, intent and gross negligence of biolini or its auxiliary persons), biolini fully excludes all liability (including for auxiliary persons). biolini also excludes all liability (including negligence) that may arise from access to or inability to access the Bioflix Bioladen. Access to the Bioflix Bioladen and its use are not guaranteed. biolini further excludes its liability for damages arising from abusive or improper use of self-checkouts by customers. The website www.bioflix.ch may contain links to other websites that are not operated by biolini; biolini disclaims any liability in this regard.
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8. Payments
biolini directly claims all payment demands for products purchased through Bioflix from the customer within the framework of the self-checkout process. The customer is obliged to make all payments exclusively to biolini using the payment methods accepted by biolini. All payments must be made in Swiss francs.
Cash payment is excluded. The customer has the payment options listed on the website available for payment. The current payment method fees, which may be charged by biolini, are visible on the website and in the entrance area of the Bioflix store, and are detailed in the self-checkout process.
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If parts of these terms and conditions prove unenforceable or invalid, this does not affect the validity of the remaining provisions. All legal relationships between biolini and the member are subject to Swiss law. The place of jurisdiction is at the customer's place of residence or at the headquarters of biolini.
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Basel, November 16, 2022
Privacy Policy
biolini GmbH
Responsible authority within the meaning of data protection laws, in particular the EU General Data Protection Regulation (GDPR), is:
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biolini GmbH
Lothringerstrasse 162
4056 Basel
E-Mail: info@bioflix.ch
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General notice
Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the Federal government (Data Protection Act, DPA), every person has the right to protection of their privacy and protection against misuse of their personal data. The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.
In collaboration with our hosting providers, we strive to protect the databases as well as possible from external access, loss, misuse, or counterfeiting.
We would like to point out that data transmission over the Internet (e.g., when communicating by e-mail) may have security vulnerabilities. A complete protection of the data against access by third parties is not possible.
By using this website, you agree to the collection, processing, and use of data in accordance with the following description. This website can generally be visited without registration. In doing so, data such as the pages accessed or the name of the retrieved file, date and time are stored on the server for statistical purposes without these data being directly related to your person. Personal data, in particular name, address or e-mail address, are collected on a voluntary basis as far as possible. Without your consent, the data will not be passed on to third parties.
2. Processing of Personal Data
Personal data refers to any information that relates to a specific or identifiable person. An affected person is a person whose personal data is being processed. Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, acquisition, deletion, storage, alteration, destruction, and use of personal data.
We process personal data in accordance with Swiss data protection law. Furthermore, we process personal data in accordance with the following legal bases in connection with Art. 6 para. 1 GDPR, to the extent and insofar as the EU GDPR is applicable:
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a) Processing of personal data with the consent of the data subject.
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b) Processing of personal data for the performance of a contract with the data subject.
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c) Processing of personal data for compliance with a legal obligation to which we are subject under any applicable EU law or under any applicable law of a country where the GDPR is applicable in whole or in part.
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d) Processing of personal data to safeguard the legitimate interests of us or of third parties, unless the fundamental rights and freedoms and interests of the data subject prevail. Legitimate interests include in particular our business interests, our ability to provide our website, information security, the enforcement of our own legal claims, and compliance with Swiss law.
We process personal data for as long as is necessary for the respective purpose or purposes. In the case of longer retention periods due to legal and other obligations to which we are subject, we restrict processing accordingly.
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3. Cookies
This website uses cookies. These are small text files that allow specific, user-related information to be stored on the user's device while the website is being used. Cookies allow us to determine usage frequency and number of users of the pages, to analyze user behavior on the pages, and to make our offer more user-friendly. Cookies are stored beyond the end of a browser session and can be recalled when the page is revisited. If you do not wish this, you should set your Internet browser to refuse the acceptance of cookies.
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4. Contact form
If you send us inquiries via the contact form, your information from the inquiry form, including the contact data you provided there, will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. We will not disclose this data without your consent.
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5. Newsletter
If you would like to receive the newsletter offered on this website, we require an email address and information that allows us to verify that you are the owner of the email address provided and that you agree to receive the newsletter. No further data is collected. We use this data exclusively for sending the requested information and do not disclose it to third parties. You can revoke your consent to the storage of the data, the email address, and its use for sending the newsletter at any time, for example via the "unsubscribe" link in the newsletter.
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6. Plugins
6.1. Google Maps
This website uses the services of Google Maps. This allows us to display interactive maps directly on the website and enables you to use the map function conveniently. By visiting the website, Google receives the information that you have accessed the corresponding subpage of our website, regardless of whether Google provides a user account through which you are logged in or whether no user account exists. If you are logged in to Google, your data will be directly associated with your account. If you do not wish to be associated with your Google profile, you must log out before activating the button. Google stores your data as usage profiles and uses them for purposes of advertising, market research and/or the needs-based design of its website. Such an evaluation is carried out in particular (even for users who are not logged in) for the purpose of providing needs-based advertising and informing other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, although you must contact Google to exercise this right. You can find further information on the purpose and scope of data collection and its processing by Google, as well as additional information on your rights and settings options for protecting your privacy, at: www.google.de/intl/de/policies/privacy.
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6.2. Google reCAPTCHA
This website uses the reCAPTCHA service provided by Google Ireland Limited (Gordon House, Barrow Street Dublin 4, Ireland "Google"). The purpose of the query is to determine whether the input is made by a human or by automated, machine processing. The query includes the transmission of the IP address and, if necessary, other data required by Google for the reCAPTCHA service. For this purpose, your input is transmitted to Google and used there. However, Google will truncate your IP address within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information to evaluate your use of this service. The IP address transmitted by your browser as part of reCAPTCHA will not be merged with other data from Google. Your data may also be transmitted to the USA. For data transfers to the USA, there is an adequacy decision by the European Commission, the "Privacy Shield". Google participates in the "Privacy Shield" and has submitted to its provisions. By clicking on the query, you consent to the processing of your data. The processing is based on Art. 6 (1) lit. a GDPR with your consent. You can revoke your consent at any time without affecting the lawfulness of the processing that was carried out on the basis of your consent until revocation.
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6.3. Facebook
This website uses features of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. When you visit our pages with Facebook plugins, a connection is established between your browser and Facebook's servers. Data is already being transferred to Facebook during this process. If you have a Facebook account, this data can be linked to it. If you do not wish to associate this data with your Facebook account, please log out of Facebook before visiting our site. Interactions, especially the use of a comment function or clicking on a "Like" or "Share" button, are also transmitted to Facebook. You can learn more at https://www.facebook.com/about/privacy.
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6.4. Instagram
Our website includes features of the Instagram service, provided by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged in to your Instagram account, you can link the content of our pages to your Instagram profile by clicking the Instagram button. Instagram can then associate your visit to our pages with your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Instagram. For more information, please see Instagram's Privacy Policy: http://instagram.com/about/legal/privacy/
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7. Changes
We may update this privacy policy from time to time without notice. The current version published on our website shall apply. If this privacy policy is part of an agreement with you, we will inform you of the update by email or other suitable means.
8. Quetions
If you have any questions about privacy, please contact us by email or directly to the responsible person listed at the beginning of this privacy policy.
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Basel,15.11.2021
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