DPMA Logo Registration
Crazy Pinguin Design
Registration Number DM/099 793
AM Andre Martin GmbH
Gesellschaft mit beschränkter Haftung
General terms and conditions of the company AM Andre Martin GmbH
§1 Applicability to entrepreneurs and definitions of terms
(1) The following general terms and conditions apply to all deliveries between us and a consumer in the version valid at the time of the order.
A consumer is any natural person who concludes a legal transaction for purposes which are predominantly neither their commercial nor their independent professional activity can be attributed (§ 13 BGB).
§2 Conclusion of a contract, storage of the contract text
(1) The following provisions regarding the conclusion of the contract apply to orders via our Internet shop https://www.andremartin.ch.
(2) In the case of the conclusion of the contract, the contract comes with
AM Andre Martin GmbH
Registration number CH02040625784
Register Court Herrliberg
(3) The presentation of the goods in our Internet shop does not constitute a legally binding contract offer on our part, but are only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer makes a binding offer for him to conclude a purchase contract.
(4) Upon receipt of an order in our Internet shop, the following rules apply: The consumer makes a binding contract offer by successfully going through the order procedure provided in our Internet shop.
The order is made in the following steps:
1) Selection of the desired goods
2) Confirm by clicking on the buttons "Order / Pre-order"
3) Checking the details in the shopping cart
4) Operation of the button "to checkout"
5) Registration in the Internet shop with or without registration and entry of the applicant details (e-mail address and password).
6) Re-examination or correction of the entered data.
7) Binding submission of the order by clicking on the button "order with costs" or "buy"
The consumer can return to the website before entering the order by pressing the "back" button in the Internet browser used by him after checking his information, on which the information of the customer are recorded and correcting or correcting input errors Close the internet browser to cancel the order process. We confirm the receipt of the order directly by an automatically generated e-mail ("order confirmation"). With this we accept your offer.
(5) Storage of the contract text for orders via our Internet shop: We will send you the order data and our terms and conditions by e-mail. You can also view the terms and conditions at https://www.andremartin.ch/de/agb.html at any time. Your order details are no longer accessible via the Internet for security reasons.
§3 prices, shipping costs, payment, due date
(1) The indicated prices include the statutory sales tax and other price components. In addition there are any shipping costs.
(2) The consumer has the option of payment via PayPal, credit card (Visa).
(1) Unless stated otherwise in the product description, all items offered by us are ready for immediate shipment. The delivery takes place here latest within 5 working days. In this case, the deadline for delivery in the case of payment in advance on the day following the payment order begins to run to the bank charged with the transfer and for all other payment methods the day after conclusion of the contract. If the deadline ends on a Saturday, Sunday or public holiday at the place of delivery, the deadline ends on the next working day.
(2) The risk of accidental loss and accidental deterioration of the goods sold shall not pass to the buyer until the goods have been handed over to the buyer, even in the case of consignment purchase.
§5 Retention of title
We reserve the ownership of the goods until full payment of the purchase price.
§6 Right of revocation of the customer as consumer:
Right of Withdrawal
Consumers are entitled to a right of withdrawal according to the following conditions, whereby the consumer is any natural person who concludes a legal transaction for purposes which are predominantly neither commercial nor self-employed:
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must contact us
AM Andre Martin GmbH
by means of a clear statement (such as a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
consequences of Withdrawal
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; In no case will you be charged for this repayment fees.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the immediate costs of returning the goods.
End of revocation
§7 cancellation form
Model withdrawal form
(If you want to cancel the contract, please fill in this form and send it back.)
AM Andre Martin GmbH
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered on (*) / received on (*)
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only when notified on paper)
(*) Delete as appropriate.
The statutory warranty regulations apply.
§9 contract language
As contract language german will be available exclusively.
Status of the GTC Feb.2018
Privacy Statement AM Andre Martin GmbH
In the following, we will inform you about what personal information we collect and store from you when you use our website, and how we use this information and to whom we may share this information. In addition, you will receive information about what rights you have with regard to the use of your data to us:
1. The purpose of the processing of their personal data and their use
a. Visit the website www.andremartin.ch
If you use our digital offers without further information from you, the web server technology we use automatically logs general technical visit information in so-called log files. This includes, among other things, the IP address of the device used, from which the visit is made, information about the browser type and the operating system used, which digital offers were accessed, reference / exit pages, the time and duration of the visit.
The purpose of collecting and processing this information is to facilitate the use of our web pages (connection establishment), to ensure and enhance the security and stability of our systems and offers, to analyze the use of our offers and services, to collect general demographic information, and the Optimization of our Internet offer to enable (in particular, but not conclusive, product improvements, marketing measures, target-specific advertising, etc.), as well as for internal statistical purposes. An identification of the user does not take place. Your identity is thus protected. Likewise, in principle, no connection is made between this automatically collected information and personal data stored by us. However, an exception to this basic rule may exist if you already have a registered user account on one of our websites. Regarding the processing of personal data of registered users, you will find further detailed information in sections 1.b and 1.c below.
b. Registration of a user account
For personalized services or restricted areas, or for processing requests and administration of your purchases, payment methods and order status, you may need to register and thus create a user account. It is necessary to enter certain personal data. This applies, for example
- Your e-mail address, which can also serve as a username,
and, depending on the context and the offer, further details such as
- First and Last Name
- Address (complete postal address, zip code, city)
- phone number
- In addition to the information required to use a particular digital offer, you may voluntarily enter and store other personal information.
We use the data for the processing and administration of our digital offers, for checking the entered data for plausibility, ie for justification, content design, handling and modification of the contract with you through your user account and in the case of paid services (purchases in the online shop) for proper invoicing.
With your confirmation at the conclusion of the registration for the collection and mutation of your user account information, you guarantee the correctness of the information you have entered.
c. Use of the online shop as a registered user
During the use of the online shop by the registered users, we collect data for statistical reasons to enable the smooth functioning of the portal and to analyze, optimize and personalize the use of our offers and services.
Further information on the processing of this personal data can be found in Section 1.d and Section 4 below.
If you use our portal as a registered user, statistical data may be accessible to other registered users and collected and evaluated by us.
d. Checkout of a paid product
If you buy a product on our website, or receive a paid service, the specification of data such as first and last name, address (full postal address, postcode, city) and any other data is mandatory, since we use this for the execution of the contract need with you. If you choose an online payment option such as credit card or PayPal or other online payment gateways (Stripe in this case) to purchase a product or a paid service, payment will be made via the respective provider's online payment system. The processing of personal and payment data in this case takes place directly via the provider of the respective payment system. We do not know and store your payment details.
As far as you are registered and have a user account, we can save your data in the user account for the next purchase / contract.
In any case, we store all information about your current and past purchases and contracts, ie the products, the services, the number of products and services per purchase, the payment amount. We are entitled to use this information for marketing and analysis purposes.
For more information on marketing and analytics, see section 4 below.
2.Data to third parties
We work with other companies or individuals or hire other companies or individuals to process and store data. They may receive access to your personal information or usage data, but only to the extent necessary to perform their duties.
(Only for the online shop)
In addition, we pass your data on to third parties, as far as this is necessary for the execution of the contract. For this purpose, we pass on the necessary data only to transport companies, banks and other service providers. These service providers use your data exclusively for order processing and not for further purposes. If this is necessary for the purposes stated in sentence 1, the disclosure may also be made abroad, for example in order to facilitate the delivery of goods. For more information on transfers abroad refer to section 5.
Your personal data that you provide to us will not be sold, rented or traded by us outside AM Andre Martin GmbH.
Apart from the disclosures described above, we only pass on your personal data if you have expressly consented to a legal obligation or if this is necessary for the enforcement of our rights, in particular for the enforcement of claims arising from the contractual relationship.
3. Processing of your personal data for marketing and analysis purposes
The companies of the AM Andre Martin GmbH have the goal to continuously improve the digital services offered to you and make them more needs-based and safer.
For this purpose, user-specific historical and future data we have at our disposal can be continuously linked using different analysis tools and the user behavior can be analyzed, aggregated, pseudonymised and anonymised across all providers. To improve our database, we may use publicly available or third-party data. The findings from your use of our offer can be used and exploited as part of the analysis of user behavior at other participating companies. Such data processing takes place primarily with pseudonymized or anonymized data.
4. Transfer of personal data abroad
- by concluding EU Model Clauses with the contracted service providers, cf. https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_de
- by ensuring that the contracted service providers are Swiss-US or EU-US Privacy Shield certified (if the data receiver has a seat in the USA or stores the data there), cf. https://www.privacyshield.gov/
- by the presence of Binding Corporate Rules (BCR) with the contracted service providers, as recognized by a European Data Protection Authority, cf. https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/binding-corporate-rules_de
5. Right to information, correction, cancellation or complaint
You have the right to assert your privacy rights at any time and to request information about whether and which personal data about you are processed by us. You may also have your personal data rectified, blocked or deleted at any time by written notice and proof of your identity to the following address:
We reserve the right to correspond with you in this context.
Please note that even after your request for blocking or deletion of your personal data, we must retain them partially within the scope of our statutory or contractual retention obligations (for billing purposes, for example) and in this case only block your personal data for this purpose. Furthermore, deleting your personal data may mean that you can no longer obtain or use the services you have registered. Under certain circumstances, you are entitled to us or your third party to share your personal data in a common format.
You may object to the processing of your data for marketing and promotional purposes as well as the transfer of your data within the AM Andre Martin GmbH according to clauses 1 and 3 at any time by e-mail.
Such a contradiction does not completely exclude the collection of personal data. The objection excludes only that collected personal data can not be processed anonymously for marketing purposes and for this purpose can be forwarded to other companies and analyzed by them. In order to completely exclude or at least reduce the collection of personal data, the steps mentioned in paragraph 8 concerning the deactivation of cookies must be followed. This may mean that you can no longer obtain or use the services you have purchased. In addition, you have the right to file a complaint with the competent supervisory authority regarding data processing. You can do this with the regulator at your place of residence, workplace or the place of the alleged data breach.
6. Retention period of your personal data
We only store your data for as long as it is legally necessary or according to the purpose of the processing. During analyzes, we store your data until the analysis is complete. If we store data based on a contractual relationship with you, this data will be retained for at least as long as the contractual relationship exists and at the maximum as long as any limitation period for possible claims of us or legal or contractual retention obligations exist.
7. Data security
We use appropriate technical and organizational security measures to protect your personal data stored by us against unintentional, unlawful or unauthorized manipulation, deletion, modification, access, disclosure or use and against partial or complete loss. Our safety measures are continuously adapted and improved in line with technological developments. We assume no liability for the loss of data or their knowledge and use by third parties. As security tool a plugin of the company Wordfence is used which is used here.
If you register with us as a user, access to your user account is only possible after entering your personal password. Payment and access information should always be kept confidential and close the browser window when you stop communicating with us, especially if you share the computer with others.
We also take corporate privacy very seriously. Our employees and the service companies commissioned by us have been obliged by us to secrecy and to comply with data protection regulations.
Cookies help make your visit to our website easier, enjoyable and meaningful. Cookies are information files that your web browser automatically saves to your computer's hard drive when you visit our website.
Cookies neither damage the hard disk of your computer nor are personal data of the user transmitted to us by cookies.
In principle, our digital offers can also be used without the acceptance of cookies, but then individual functions may be restricted.
9. Tracking- und Analyse-Tools
In addition, the use of our digital services is measured and evaluated by means of various technical systems, mainly by third-party providers such as Google Analytics or Slimstat. These measurements can be done both anonymously and personally. It is possible that the collected data from us or the third party suppliers of such technical systems in turn for processing to third parties. The most commonly used analysis tool is Google Analytics, a service provided by Google Inc. This allows the collected data to be transmitted in principle to a Google server in the US, whereby the IP addresses are anonymised by IP anonymization, so that an assignment not possible. The IP address provided by Google Analytics as part of Google Analytics will not be merged with other Google data. The collection and processing of this data by means of Google Analytics can be objected to by setting an opt-out cookie, which prevents the future collection of your data when you visit this website: http://tools.google.com/dlpage/gaoptout?hl=de
10. Legal basis
We process your personal data only in the context of the data processing principles and if there is a legal basis. Where this serves for the initiation and execution of our contract, this legal basis applies. Otherwise, we have an interest in continuously improving our offers, adapting them to your needs, and showing you advertisements that may interest you. This is a necessity to further develop our offers, to be able to finance them and to ensure the safety of our offers. We assume that our interests predominate. If you have consented to a data processing, this applies.
11. Contact person
If you have any questions about data protection on our website, want to request information or request the deletion of your data, please contact our data protection lawyer by sending an e-mail to firstname.lastname@example.org .
The contact details of our data protection officer are as follows:
AM Andre Martin GmbH
Officer Langackerstrasse 121, 8704 Herrliberg / Zurich
The current data protection regulations can also be accessed and printed on our website at any time.
Stand: 25. May 2018
Copyright © AM Andre Martin GmbH - all rights reserved.