These General Terms and Conditions (GTC) govern the contractual relationships between xxx (hereinafter referred to as “Seller”) and its customers (hereinafter referred to as “Customer” or “Buyer”) for the products offered on the websites www.julien-de-bourg.ch, www.julien-de-bourg.com, www.juliendebourg.ch, www.juliendebourg.com (hereinafter referred to as “www.julien-de-bourg.ch”).
These GTC shall exclusively govern the contractual relationship between the Seller and their Customers. Contradictory or deviating contractual conditions of the Customer are not recognized unless the Seller has expressly agreed to them in writing in individual cases.
The present provisions apply to private consumers as well as to business persons and companies. Consumers within the meaning of these GTC are any natural persons who place an order for purposes which cannot be attributed primarily to their commercial or self-employed professional activity, but to their private needs and which do not exceed normal consumption. Business persons within the meaning of these GTC are natural or legal persons or partnerships with legal capacity who, when placing an order, act in the exercise of their commercial or self-employed professional activity.
The Seller may supplement or amend the GTC at any time at their own discretion. The respective (authorized) version is valid at the time of sending an order (including completed payment process, see Article 3 Section 1).
The Customer commits to provide accurate and complete information during registration in order to make use of our offers. Should the Customer not do so, the Seller expressly reserves the right to reject the Customer’s registration or order. Furthermore, the Seller does not assume any liability for incorrect information provided by the Customer via the Internet shop of the website www. julien-de-bourg. ch.
Article 2 Subject Matter of the Contract
The subject matter of the contract shall be the items offered and purchased by the Customer on the online shop of the internet platform www.julien-de-bourg.ch.
The product images shown on the website www.julien-de-bourg.ch, in particular the colors shown, may differ from the original product for technical reasons.
The photos shown on www.julien-de-bourg.ch are for illustrative purposes only, they do not constitute a binding offer and no warranted characteristics can be derived from them.
Article 3 Formation of the Contract
When ordering from the online shop, Customers can view the products by clicking on the product image and place them in the shopping cart via the link “Add to shopping cart”. The contents of the shopping cart can be viewed at any time by clicking on the link “Shopping cart” in the top right-hand corner of the online shop’s page display (see corresponding picture image). The selected products that can be viewed in the shopping cart can be ordered by clicking on the button “Checkout”: This is how the Customer gets to the checkout. At the checkout, after entering the personal information requested in the input screen, the Customer can use the button “Submit order” to pay their previously selected products directly or send the order to the Seller.
After ordering the desired products, an order confirmation is sent to the Customer’s e-mail address, in which their data and order are listed again. This binding order confirmation constitutes an acceptance of the Seller at the conclusion of the contract. The ordered product will then be shipped to the Customer immediately after receipt of payment (service after prepayment or payment by credit card or PayPal).
The Seller is entitled to withdraw from the contract after payment of the purchase price if they are unable to deliver the ordered goods for various reasons. In this case, the Seller shall immediately inform the Buyer about the non-availability of the desired products and shall reimburse the Buyer without delay for any payment already rendered. In this case, the Seller reserves the right to offer a product of equal value in terms of price and quality with the aim of concluding a new contract for the purchase of a product of equal price and quality.
Article 4 Storage of the Contract Text
The Seller shall save the order sent by the Customer in the aforementioned manner as well as the order data entered. The Seller sends the Customer an order confirmation with the most important order data by e-mail.
Article 5 Cancellation Right
The Customer can cancel the contract within 14 days in written form without stating a reason. A mandatory prerequisite for this is the timely (postal) dispatch of a written declaration of cancellation, which must be clear in this respect. The cancellation period begins on the day after receipt of the goods by the Buyer. The timely dispatch of the written cancellation declaration (postmark) to the following address is sufficient to comply with the cancellation period: xxx.
The aforementioned right of cancellation applies only to private consumers and not to business persons or companies.
If the contract is cancelled by the Customer (private consumer), the Seller will refund all payments already made by the Customer (excluding the costs for the return of the goods) without delay and at the latest within 20 days from the day on which the written notice of cancellation and, moreover, the object of sale returned by the Buyer has been received. If the object of sale has already been handed over to the Customer before receipt of the cancellation declaration, the aforementioned period begins with receipt of the written cancellation declaration. The same means of payment shall be used for reimbursement by the Seller as was used for payment by the Customer; express written deviations on the part of the Seller shall be reserved. The reimbursement of the full amount will only be made in case of timely declaration of cancellation and after receipt of the products by the Seller at the address stated in accordance with Article 5 Section 1.
If the cancellation form is sent after the 14-day period, the seller reserves the right to no longer refund the full purchase amount. In consultation with the seller, a refund of 70% can be agreed within the next 14 days after expiry of the cancellation period.
The customer must ensure that the products arrive at the seller in an unworn and undamaged condition. If this is not the case, the seller reserves the right not to refund the goods and to return the goods to the customer.
No later than 14 days after the day on which the cancellation declaration was sent, the Customer shall send or hand over the products already received from the Seller to the following address: xxx.
The Customer shall bear the costs of returning the goods. The Customer shall be liable for any loss of value of the goods if this loss of value is due to improper handling with regard to the quality, properties and functioning of the goods sold
Article 6 Prices, Shipping Costs and Conditions
All prices quoted on the website www.julien-de-bourg.ch include the statutory value-added tax and shipping and customs costs (DDP). The products are dispatched with DHL (national shipments within Switzerland as well as international shipments).
Prices are subject to change without notice.
Dispatch takes place exclusively after receipt of payment and at the Customer’s risk (prepayment and payment by credit card and PayPal). Insofar as the Customer fails to pay on time, we shall retain the goods; the Seller reserves the right to withdraw from the contract and to charge interest on arrears at an alternative rate of 5%.
Article 7 Terms of Payment
Payment through the online shop can be made either by bank transfer as prepayment, PayPal or credit card (the Seller accepts VISA, MasterCard, American Express and PostFinance). The Seller reserves the right to deny individual payment methods.
If prepayment is chosen, the bank details of the Seller will be included in the order confirmation.
In case of payment via PayPal, the Customer will be forwarded directly from the order screen to the corresponding payment pages and the payment will be made immediately
For purchases by invoice, customers from Switzerland can order products by invoice. The company Byjuno from Switzerland handles the purchase by invoice for us and carries out a credit check on the basis of the data entered during the check-out. The Byjuno General Terms and Conditions apply, which can be found at the end of these General Terms and Conditions.
Article 8 Warranty and Liability
The Seller shall be liable for defects in the goods sold in accordance with the statutory provisions of the purchase rights pursuant to Article 197 et seq. of the German Civil Code, unless otherwise stipulated in these GTC or in case that the Seller expressly deviated therefrom in writing after the conclusion of the contract. Mandatory statutory provisions remain in effect in the event of a consumer relationship.
The warranty period for defects in the purchased product is 2 years for both private individuals and business persons or companies.
Defects in the purchased product arising during the aforementioned warranty period (guarantee period) must be reported to the Seller immediately after their discovery (timely notification of defects) and the product must then be sent to the Seller at the Buyer’s expense at the Seller’s place of business. After examination of the allegedly defective product and confirmation of the defectiveness by the Seller, a new and defect-free product will be provided to the Customer (exchange in favor of a new item or repair of the existing items, as needed). The Seller will retroactively reimburse the return shipping costs to the Buyer only in the event that the product that was checked for defectiveness is covered under warranty.
if it is not a guarantee claim, the seller will send the customer a cost estimate which must be explicitly accepted by the customer. Otherwise the product will be returned to the customer in the same condition.
The Seller shall not be liable for a warranty claim in any case if the defects in the purchased product occurred for the following reasons: – damage and malfunction of the products caused by accidents, improper or abusive use (forceful contact, impact, shattering, etc.) or alterations, repairs or actions performed by persons who do not have the necessary and verifiable professional qualifications for this purpose; – consequences of normal wear and tear or aging of the purchased product as well as the wearing parts (e. g. bands including the clasps). Furthermore the Seller shall not be liable for any manual overload of the spring. Unsafe attachment of the straps after a strap exchange. The customer is responsible for ensuring that the straps are firmly attached to the case and must verify this after changing the straps.
The offered warranty only covers components of the watch.
Any liability for third party or consequential damages as well as for a loss of the purchased product is excluded. The Seller is not liable for negligently caused damage.
The Seller is not responsible for error-free and/or permanently available data communication via the internet, nor for the faultless and uninterrupted availability of the online shop. They are not liable for technical and/or electronic errors occurring during the ordering process.
Article 9 Retention of Title, Transfer of Risk
A product delivered prior to full payment shall remain the property of the Seller until such time as full payment has been made.
The risk of the purchased product shall be transferred to the Customer upon personal delivery of the product or upon the submission for dispatch.
Article 10 Copyright
xxx has copyrights to all images of the products to be sold on the aforementioned internet platform. The use of these works by third parties requires the written consent of xxx.
Article 11 Final Provisions
The present General Terms and Conditions and the purchase contract concluded in each case shall be governed exclusively by Swiss law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of purchases abroad (outside of Switzerland), the provisions for private consumers, which may conflict with these, are reserved.
The place of jurisdiction for disputes arising from this contractual relationship between the Seller and their Customers, subject to the mandatory legal venue, is Zurich.
Should one or more clauses of these business Terms and Conditions be invalid in whole or in part, this shall not affect the validity of the remaining contractual provisions. In this case, the invalid or null and void provision shall be replaced by a new, legally permissible provision whose economic effect is as close as possible to the invalid or null and void provision. If an ineffective contract clause is not subsequently corrected, it will be replaced by a relevant legal provision.
Version 3 / June 2019
General Terms & Conditions for the ‘Byjuno invoice with partial payment option’ from Byjuno AG – valid from 10th of July 2020
1. General provisions
These General Terms & Conditions (hereinafter: ‘GTC’) govern the legal relationship between you and Byjuno AG (Industriestrasse 13C, 6300 Zug, Switzerland, hereinafter: ‘Byjuno’) concerning the ‘Byjuno invoice with partial payment option’ (hereinafter: the ‘payment option’).
By applying for the payment option, you confirm that you have read and understood the terms and conditions and agree to them.
The payment option is available to natural persons with capacity to act on their own account who reside in Switzerland or Liechtenstein and to legal entities domiciled in Switzerland.
You must have a Swiss bank account in order to fulfil the payment obligations under this contract.
2. Identity and credit check
A positive identity and credit check is required before the contract for the ‘Byjuno invoice with partial payment option’ can be concluded between you and Byjuno.
The identity and credit check will be performed by Intrum AG.
Your personal data will be processed in compliance with the provisions of section 10.
3. Claims arising from purchase and/or service contracts
You agree that you will pay to Byjuno all claims, plus any interest and fees, resulting from purchases from affiliated merchants for which you have chosen the payment option.
The merchant assigns its claim from the underlying transaction (purchase and/or service contract) to Byjuno. The assignment of the claim by the merchant and the issuing of an invoice by Byjuno does not result in novation.
The purchase and/or service contract concluded between you and the merchant is formed exclusively between you and the merchant and is executed in accordance with the terms agreed therein. All customer enquiries related to goods/service, discrepancies, complaints, delivery times, withdrawals, contradictions, deliveries, returns, warranty claims, credit notes, and objections and claims by you against the merchant etc. (hereinafter ‘claims and objections’) must be addressed exclusively to the merchant. Claims and objections against the merchant do not release you from your obligation to make full payment to Byjuno. Regardless of such claims and objections, you are obliged to pay the full invoice amount to Byjuno. Byjuno will not refund any invoices you have paid to Byjuno, except for credit notes confirmed by the merchant to Byjuno.
If you fail to notify us immediately of any change of address, we will charge you CHF 30 for address research.
Any returns of goods must be made to the merchant. Goods returned to Byjuno will be forwarded to the merchant at cost. A processing fee of CHF 25.00 may apply for processing and forwarding.
4. Payment terms
The invoice(s) will normally be issued electronically to the valid email address provided by you. By agreeing to these GTC, you confirm the use of your email address for legal transactions and that you regularly monitor your email inbox and access, check and respond promptly to emails sent to this address; i.e. at intervals appropriate to fulfil your obligations under this contract. If you provide an invalid email address, Byjuno may send the invoice(s) and any reminders by post and charge an additional fee of CHF 10 per invoice/reminder. Alternatively, you can request delivery of the invoice(s) by post, which will incur a corresponding charge of CHF 3.95 per sending.
The full amount (invoice amount plus interest and fees) must be received in the account of Byjuno within three months as follows:You are free to make a higher payment or pay off the entire amount at any time. The option to pay in instalments is not available to legal entities. Payment of the full amount (invoice amount plus interest and fees) is due 20 days after the invoice date.
5. Interest and (optional) fees
On open amounts after day 20 of invoice date interest at a rate of 14.9% p.a. will be charged.
For every invoice, which is not the first invoice, an administrative fee of 2.50 CHF per invoice is charged, independent of the selected invoice delivery method.
On expiry of the payment period for an invoice, you will be deemed to be in default, even before a reminder is sent. In the event of arrears, you will be liable to Byjuno for interest on the arrears of 14.9% p.a. The first reminder will be issued five days after the due date with costs of up to CHF 30 for each individual reminder. Byjuno may engage third parties to provide debt collection services and is entitled to assign the invoice claim(s) to third parties. You agree that you will pay Byjuno the following amounts (in CHF) for debt collection services provided by a third party based on the amount of the claim concerned: 37.00 (up to 19); 58.00 (up to 59.00); 145.00 (up to 399.00); 225.00 (up to 999.00); 285.00 (up to 1,999.00); 385.00 (up to 2,999.00); 575.00 (up to 4,999.00); 685.00 (up to 6,999.00); 825.00 (up to 9,999.00); 1,375.00 (up to 19,999.00); 2,600.00 (up to 49,999.00); 6% of the receivable (from 50,000.00). Byjuno is entitled to transfer the outstanding invoice amount(s) or the right to receive payments pursuant to these provisions to third parties. The collection agency is authorized to handle the claim without restrictions.
Any refunds that are not related to a return of goods, product defect or product recall and were caused by you may be subject to a processing fee of CHF 25.00.
Communication between you and Byjuno will generally take place via www.byjuno.ch and by email.
You expressly authorize Byjuno to communicate with you by (unencrypted) email via the email address you have provided. All messages sent by Byjuno to the email address provided by you will be deemed to have been delivered within two calendar days (constructive notice).
At your express request, invoices and reminders can also be sent to you by post (see 4.1).
9. Contract term and termination
This contractual relationship will end on full settlement of the outstanding amount.
Byjuno is entitled to terminate the contractual relationship at any time, without citing a reason, by giving notice in writing. in this situation, the outstanding amount must be paid in full by the deadline specified in the notice. If you move abroad, the outstanding total amount is due immediately.
Minimum amount of outstanding total
Payment term from invoice date
10% (at least CHF 5.00)
10. Credit check, authorisation to provide information, data processing in Switzerland and abroad
For the purposes of fulfilling the contract, Byjuno collects and processes the following data concerning you: first and last name, date of birth, home address, telephone number, email address, information on your financial circumstances, device ID and full details of the merchant invoice (especially purchase amount and product category) and information on your purchasing and payment history.
The identity and credit check will be performed by Intrum AG. To that end, Byjuno will notify Intrum AG of the contract and the personal details and information on your financial circumstances that you provided during the application process. You acknowledge and agree that Intrum AG is expressly permitted to process this data in compliance with its data protection provisions (available at the following link: www.intrum.ch -> Data protection) and in particular may disclose this data to other third parties. Byjuno will receive information from Intrum AG on your creditworthiness, particularly information on your personal data, your ability to pay and your other obligations.
You agree that Byjuno may also process the data referred to in clause 10.1 for market research and marketing purposes. You further agree that Byjuno may share such data with the following third parties in Switzerland and abroad for the following purposes: Intrum Group companies (market research and marketing purposes), Threatmetrix www.threatmetrix.com (fraud prevention). You can withdraw this consent at any time by writing to Byjuno, Data Protection Officer, Industriestrasse 13c, 6300 Zug.
You acknowledge that Byjuno may fully or partially outsource certain activities, in particular relating to the administration of the contractual relationship (e.g. order and contract processing, including credit checks, correspondence, reminders and debt collection) and data storage, to third parties in Switzerland and abroad.
11. Exclusion of liability
To the extent permitted by law, Byjuno disclaims all liability for direct and indirect losses. In particular, Byjuno accepts no liability for any damage that may be suffered if an affiliated merchant refuses to accept a payment using the payment option for any reason, or a payment cannot be made using the payment option for technical or other reasons. Byjuno also disclaims all warranties and liability if malicious software or similar has been installed on the internet-capable device that you use. In addition, Byjuno accepts no liability for damage suffered due to the misuse of data, a technical fault or the use of the internet connection.
Any liability or warranty claims are against the affiliated merchant and Byjuno disclaims all warranties and liability in this regard. In particular, any complaints about the goods or services purchased and any disagreements and claims arising from these legal transactions must be addressed directly to the merchant (see section 3.2). A set-off defence available to you against the affiliated merchant cannot be exercised against Byjuno.
Byjuno may change the GTC at any time at its sole discretion, provided that this does not unreasonably affect your interests, and may adjust the (optional) fees. You will be informed of changes in an appropriate form (e.g. with an invoice issued to you). The currently valid GTC can also be viewed at www.byjuno.ch at any time.
If a provision of these GTC is or becomes ineffective or void, this will not affect the validity of the remaining provisions. In such a case, the invalid or void provision must be replaced with an effective provision that comes as close as possible to the economic purpose of the ineffective provision.
14. Final provisions
Byjuno may assign all rights and claims arising from the contractual relationship with you to third parties at any time. Byjuno may also transfer all or part of the contractual relationship to third parties.
This legal relationship will be governed exclusively by Swiss substantive law.
Data Protection Policy
Article 1 Collection of General Information
When you access our website, information of a general nature is automatically collected. This information (server log files) includes the type of web browser, the operating system used, the domain name of your Internet service provider and similar information. This is exclusively information which does not allow any conclusions to be drawn about your person. This information is technically necessary in order to correctly deliver the content you have requested from websites and is mandatory when using the Internet. Anonymous information of this kind is statistically evaluated by us in order to optimize our Internet presence and the technology behind it. The users or buyers expressly agree with the use of the platform that data will be stored on the external server of the foreign provider of xxx in compliance with the applicable data protection regulations. Both requests and responses are deposited directly on the server and are only accessible by means of identification. The user expressly agrees to this communication. In addition, the user agrees that all other correspondence may be sent via unsecured e-mails. The Vendor shall use all reasonable means to protect the databases from unauthorized access, loss, misuse or falsification.
Types of data processed:
Inventory data (e.g., names, addresses)
Contact details (e.g., e-mail, telephone numbers)
Content data (e.g., text input, photographs, videos)
Usage data (e.g., visited websites, interest in content, access times)
Meta/communication data (e.g., device information, IP addresses)
Purpose of the processing:
Provision of the online offer, its functions and contents
Response to contact requests and communication with users
Article 2 Cookies
Like many other websites, we also use so-called “cookies”. Cookies are small text files that are transferred from a website server to your hard drive. This automatically provides us with certain data such as IP address, browser used, operating system via your computer and your connection to the Internet.
Cookies cannot be used to start programs or to transmit viruses to a computer. Based on the information contained in cookies, we can make navigation easier for you and enable the correct display of our web pages.
Under no circumstances will the data we collect be passed on to third parties or linked to personal data without your consent.
MCPopupClosed This cookie is required for the newsletter registration interaction and is stored for one year
PHPSESSID This cookie serves as identification for the duration of your visit to our website. It only applies to the current session.
_ga This cookie is stored for two years and is used for Analytics visitor tracking.
_gat This cookie is stored for 30 minutes and is used for Analytics visitor tracking.
_gid This cookie is used for Analytics visitor tracking and is active for one day.
_icl_current_language This cookie is used to select the current language. It is valid for one day.
wcml_dashboard_currency This cookie determines the current currency. It is active for one day.
cookie_notice_accepted This cookie is set as soon as the cookie reference is accepted. It is valid indefinitely.
et_items_in_wishlist / et_wishlist_hash These two cookies are required for the “Wishlist”. They are valid for the duration of the session.
woocommerce_cart_hash / woocommerce_items_in_cart These two cookies are set as soon as you have products in your shopping cart. They are valid for the duration of the session.
wordpress_test_cookie A test cookie that remains active for the active session.
Article 3 Provision of Payable Service
We ask for additional data on the provision of chargeable services, e.g. payment details.
During the checkout process, data is required for the delivery of the ordered products. These data are passed on to third parties (our shipping partner DHL).
Article 4 SSL-Encryption
To protect the security of your data during transmission, we use state-of-the-art encryption methods (e.g. SSL) via HTTPS.
Article 5 Newsletter
With the following information we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedure and your rights of objection. By subscribing to our newsletter you agree to the receipt and the described procedures.
We send newsletters, e-mails and other electronic notifications containing advertising information (hereinafter “newsletters”) only with the consent of the recipients or a legal permission. If the contents of a newsletter are specifically described within the scope of a registration, they are decisive for the consent of the users. In addition, our newsletters contain information about our services and us.
Double opt-in and logging: Subscription to our newsletter takes place in a so-called double opt-in procedure. This means that after registration you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that no one can log in with other e-mail addresses. Subscriptions to the newsletter are logged in order to be able to prove the registration process in accordance with legal requirements. This includes the storage of the login and confirmation time, as well as the IP address. The changes to your data stored with the shipping service provider are also logged.
Credentials: To subscribe to the newsletter, simply enter your e-mail address. Optionally, we ask you to enter a name in the newsletter in order to address us personally.
The dispatch of the newsletter and the performance measurement associated with it are based on the recipient’s consent pursuant to Art. 6 para. 1 lit. a, Art. 7 GDPR.
The registration procedure is recorded on the basis of our legitimate interests pursuant to Art. 6 para. 1 lit. f GDPR. We are interested in the use of a user-friendly and secure newsletter system that serves both our business interests and the expectations of users and also allows us to provide proof of consent.
Cancellation/Revocation – You can cancel the receipt of our newsletter at any time, i.e. revoke your consent. You will find a link to cancel the newsletter at the end of each newsletter. We may store the e-mail addresses we have unsubscribed for up to three years on the basis of our legitimate interests before we delete them in order to be able to prove a previously given consent. The processing of these data is limited to the purpose of a possible defence against claims. An individual application for cancellation is possible at any time, provided that at the same time the former existence of a consent is confirmed.
The newsletter is sent by the mail service provider “MailChimp”, a newsletter delivery platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. The data protection regulations of the shipping service provider can be viewed here: https://mailchimp.com/legal/privacy/. The Rocket Science Group LLC d/b/a MailChimp is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with the European data protection level (https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active). The dispatch service provider is used on the basis of our legitimate interests according to Art. 6 Para. 1 letter f GDPR and an order processing contract according to Art. 28 Para. 3 S. 1 GDPR.
The shipping service provider can use the recipient’s data in pseudonymous form, i.e. without assignment to a user, to optimize or improve its own services, e.g. to technically optimize the dispatch and presentation of the newsletter or for statistical purposes. However, the shipping service does not use the data of our newsletter recipients to write them down itself or to pass the data on to third parties.
The newsletters contain a so-called “web-beacon”, i.e. a pixel-sized file which is downloaded from our server when the newsletter is opened or, if we use a shipping service provider, from whose server. Within the scope of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and time of retrieval are initially collected.
This information is used to technically improve the services based on the technical data or the target groups and their reading behaviour based on their retrieval locations (which can be determined using the IP address) or access times. The statistical surveys also include determining whether the newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. However, it is neither our endeavour, nor, if used, that of the shipping service provider, to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our contents to them or to send different contents according to the interests of our users.
Article 6 Hosting and E-Mail Delivery
The hosting services we use serve to provide the following services: Infrastructure and platform services, computing capacity, storage space and database services, e-mail delivery, security services and technical maintenance services that we use for the purpose of operating this online offer.
We or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta- and communication data of customers, interested parties and visitors of this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer according to Art. 6 Para. 1 lit. f GDPR in conjunction with. Art. 28 GDPR (conclusion of order processing contract).
Article 7 Contact Form
The data collected via the contact form is collected exclusively to answer questions about existing orders, general questions or the like. The data collected here will only be used for these purposes.
If you contact us by e-mail or contact form, the information you have provided will be stored for the purpose of processing the enquiry and for possible follow-up questions.
Article 8 Use of Google Analytics
Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with further services associated with the use of this online offer and the use of the Internet. Pseudonymous user profiles can be created from the processed data.
We use Google Analytics only with IP anonymization enabled. This means that Google will reduce the IP address of users within Member States of the European Union or in other states party to 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 shortened there.
The IP address transmitted by the user’s browser is not merged with other Google data. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent Google from collecting the data generated by the cookie and relating to their use of the online offer and the processing of this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
Further information on data use by Google, possible settings and objections can be found in Google’s data protection declaration (https://policies.google.com/technologies/ads) and in the settings for the display of advertisements by Google (https://adssettings.google.com/authenticated).
Users’ personal data will be deleted or made anonymous after 14 months.
Article 9 Embedded YouTube Videos
On some of our websites we embed YouTube videos. YouTube, LLC, 901 Cherry Ave., San Bruno, CA 94066, USA is the operator of the corresponding plug-ins. When you visit a page with the YouTube plugin, a connection to Youtube servers is established. Youtube will be informed which pages you visit. If you are logged into your Youtube account, Youtube can assign your surfing behavior to you personally. You can prevent this by logging out of your YouTube account beforehand.
If you have deactivated the storage of cookies for the Google Ad program, you will not have to reckon with such cookies when viewing YouTube videos. Youtube also stores non-personal usage information in other cookies. If you want to prevent this, you must block the saving of cookies in your browser.
Further information on data protection at “Youtube” can be found in the provider’s data protection declaration at: https://www.google.de/intl/de/policies/privacy/
Article 10 Social Plugins
Social plugins from the providers listed below are used on our websites. You can recognize the plugins by the fact that they are marked with the corresponding logo.
These plugins may be used to send information, which may include personal data, to the service provider and may be used by him. We prevent the unconscious and unwanted collection and transmission of data to the service provider through a 2-click solution. To activate a desired social plugin, it must first be activated by clicking on the corresponding button. Only this activation of the plugin triggers the collection of information and its transmission to the service provider. We do not collect any personal data ourselves using the social plugins or about their use.
We have no influence on which data an activated plugin collects and how it is used by the provider. At present, it must be assumed that a direct connection to the provider’s services will be expanded and that at least the IP address and device-related information will be recorded and used. It is also possible that the service providers try to save cookies on the computer used. Please refer to the data protection information of the respective service provider to find out which specific data is collected and how it is used. Note: If you are logged in to Facebook at the same time, Facebook can identify you as a visitor to a specific page.
We have integrated the social media buttons of the following companies on our website:
Facebook Inc. (1601 p. California Ave – Palo Alto – CA 94304 – USA)
Google Plus/Google Inc. (1600 Amphitheatre Parkway – Mountain View – CA 94043 – USA)
Article 11 Facebook-Pixel, Custom Audiences and Facebook-Conversions
Due to our legitimate interests in the analysis, optimisation and economic operation of our online offer and for these purposes the so-called “Facebook pixel” of the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or, if you are based in the EU, Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland (“Facebook”), is used within our online offer.
Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active).
With the help of the Facebook pixel, Facebook is able to determine the visitors of our online offer as a target group for the presentation of ads (so-called “Facebook ads”). Accordingly, we use the Facebook pixel to display the Facebook ads we post only to Facebook users who have also shown an interest in our online offering or who have certain features (e.g. interests in certain topics or products that are determined by the websites visited) that we transmit to Facebook (so-called “custom audiences”). We also want to use the Facebook pixel to ensure that our Facebook ads meet the potential interest of users and are not a nuisance. The Facebook pixel also helps us understand the effectiveness of Facebook ads for statistical and market research purposes by showing whether users have been redirected to our website after clicking on a Facebook ad (so-called “conversion”).
Facebook processes the data in accordance with Facebook’s Data Usage Policy. Accordingly, general information on the display of Facebook ads can be found in the Facebook Data Usage Policy: https://www.facebook.com/policy.php. For specific information and details about the Facebook pixel and how it works, please visit the Facebook Help section: https://www.facebook.com/business/help/651294705016616.
You can object to the collection by the Facebook pixel and use of your data to display Facebook ads. To set what types of ads you see within Facebook, you can visit the page set up by Facebook and follow the instructions on usage-based advertising settings: https://www.facebook.com/settings?tab=ads. The settings are platform-independent, i.e. they are applied to all devices, such as desktop computers or mobile devices.
Article 12 Google AdWords and Conversion-Measurement
On the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. DSGVO) the services of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, (“Google”).
Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
We use the online marketing process Google “AdWords” to place ads in the Google Advertising Network (e.g., in search results, in videos, on websites, etc.) so that they are displayed to users who have a presumed interest in the ads. This allows us to display ads for and within our online offer more specifically in order to present users only ads that potentially correspond to their interests. For example, if a user is shown ads for products in which he is interested in other online offers, this is referred to as “remarketing”. For these purposes, when our and other websites on which the Google Advertising Network is active are accessed, Google directly executes a code from Google and (re)marketing tags (invisible graphics or code, also known as “web beacons”) are integrated into the website. With their help, an individual cookie, i.e. a small file, is stored on the user’s device (comparable technologies can also be used instead of cookies). In this file it is noted which websites the user visits, which contents he is interested in and which offers the user has clicked on, technical information on the browser and operating system, referring websites, visiting time and further information on the use of the online offer.
We also receive an individual “conversion cookie”. The information collected with the help of cookies is used by Google to generate conversion statistics for us. However, we only see the total number of anonymous users who clicked on our ad and were redirected to a page with a conversion tracking tag. However, we do not receive any information that personally identifies users.
User data is processed pseudonymously within the Google advertising network. This means that Google does not store and process, for example, the names or e-mail addresses of users, but processes the relevant data cookie-related within pseudonymous user profiles. This means from Google’s point of view, the ads are not managed and displayed for a specifically identified person, but for the cookie holder, regardless of who this cookie holder is. This does not apply if a user has expressly permitted Google to process the data without this pseudonymisation. The information collected about the users is transmitted to Google and stored on Google’s servers in the USA.
Further information on data use by Google, possible settings and objections can be found in Google’s data protection declaration (https://policies.google.com/technologies/ads) and in the settings for the display of advertisements by Google (https://adssettings.google.com/authenticated).
Article 13 Social Media Presence
We maintain online presences within social networks and platforms in order to communicate with active customers, interested parties and users and to inform them about our services. When accessing the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective operators apply.
Article 14 Instagram
Article 15 Use of Google Remarketing
This website uses the remarketing function of Google Inc. to present interest-based advertisements to website visitors within the Google advertising network. A “cookie” is stored in the visitor’s browser, which makes it possible to recognize the visitor when he or she visits websites that belong to Google’s advertising network. These pages may present advertisements to visitors that refer to content previously accessed by visitors to websites that use Google’s remarketing function.
Article 16 Your Rights to Information, Correction, Blocking and Objection
You have the right to receive information about your personal data stored by us at any time. You also have the right to correct, block or, apart from the prescribed data storage for business transactions, delete your personal data. Please contact our data protection officer. You will find the contact details at the bottom.
To ensure that data can be locked at any time, this data must be kept in a lock file for control purposes. You can also request the deletion of the data, as far as no legal archiving obligation exists. If such an obligation exists, we will block your data on request.
You can make changes or withdraw your consent by notifying us accordingly with effect for the future.
Article 17 Deletion of Data
The data processed by us will be deleted or their processing restricted in accordance with Articles 17 and 18 DSGVO. Unless expressly stated in this data protection declaration, the data stored by us will be deleted as soon as it is no longer required for its intended purpose and the deletion does not conflict with any statutory storage obligations. If the data are not deleted because they are necessary for other and legally permissible purposes, their processing is restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be retained for commercial or tax reasons.
Article 18 Relevant Principles
In accordance with Art. 13 GDPR, we inform you of the legal basis of our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consents is Art. 6 para. 1 lit. a and Art. 7 GDPR, the legal basis for processing for the performance of our services and performance of contractual measures as well as for answering inquiries is Art. 6 para. 1 lit. b GDPR, the legal basis for processing to fulfil our legal obligations is Art. 6 para. 1 lit. c GDPR, and the legal basis for processing to protect our legitimate interests is Art. 6 para. 1 lit. f GDPR. In the event that the vital interests of the data subject or another natural person require the processing of personal data, Article 6(1)(d) GDPR serves as the legal basis.
Article 19 Security Procedures
We take appropriate technical and organisational measures to ensure a level of protection appropriate to the risk, taking into account the state of the art, implementation costs and the nature, scope, circumstances and purposes of processing as well as the different probability of occurrence and severity of the risk to the rights and freedoms of natural persons, in accordance with Art. 32 GDPR.
Such measures shall in particular include ensuring the confidentiality, integrity and availability of data by controlling physical access to the data, as well as the access, input, transmission, security of availability and its separation. Furthermore, we have established procedures to ensure the exercise of rights of data subjects, deletion of data and reaction to endangerment of data. Furthermore, we already consider the protection of personal data during the development or selection of hardware, software and procedures, in accordance with the principle of data protection through technology design and data protection-friendly presettings (Art. 25 GDPR).
Article 20 External Payment Service Providers
We use external payment service providers through whose platforms users and we can carry out payment transactions (Paypal (https://www.paypal.com/de/webapps/mpp/ua/privacy-full), Visa (https://www.visa.de/datenschutz), Mastercard (https://www.mastercard.de/de-de/datenschutz.html), American Express (https://www.americanexpress.com/de/content/privacy-policy-statement.html), SIX Payments (https://www.six-payment-services.com/de/services/legal/privacy-statement.html), PostFinance (https://www.postfinance.ch/de/privat/support/sicherheit/datenschutz.html))
As part of the fulfilment of contracts, we suspend the payment service providers on the basis of Art. 6 para. 1 lit. b. GDPR. Furthermore, we employ external payment service providers on the basis of our legitimate interests in accordance with Art. 6 para. 1 lit. b. GDPR to provide our users with effective and secure payment options.
For payment transactions, the terms and conditions and the data protection information of the respective payment service providers, which can be accessed within the respective websites or transaction applications, apply. We refer to these also for the purpose of further information and assertion of rights of revocation, information and other interested parties.
Article 21 Contacting
When contacting us (e.g. via contact form, e-mail, telephone or social media), the user’s details are processed for processing the contact enquiry and its processing in accordance with Art. 6 para. 1 lit. b) GDPR. User information can be stored in a customer relationship management system (“CRM system”) or comparable request organization.
We delete the requests if they are no longer necessary. We review the requirements every three years; the statutory archiving obligations also apply.
Article 22 Cooperation with Contract Processors and Third Parties
If we disclose data to other persons and companies (contract processors or third parties) within the scope of our processing, transmit it to them or otherwise grant them access to the data, this shall only take place on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as payment service providers, in accordance with Art. 6 Para. 1 lit. b GDPR for contract fulfilment is necessary), if you have consented, if a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we commission third parties with the processing of data on the basis of a so-called “order processing contract”, this is done on the basis of Art. 28 GDPR.
Article 14 Changes to our Data Protection Policy
We reserve the right to occasionally adapt this data protection declaration so that it always complies with current legal requirements or to implement changes to our services in the data protection declaration, e.g. when introducing new services. The new data protection declaration will then apply for your next visit.
Adapted by the website owner, created with Datenschutz-Generator.de by RA Dr. Thomas Schwenke
For further questions regarding data processing and use, please contact us: xxx