Terms, Conditions & Data Privacy
Terms & Conditions in Brief
- All personal information that we obtain will be handled responsibly.
- Please note that local charges, e.g. import and local taxes, may occur.
- We reserve the right to amend these terms and conditions without prior notice.
- By accessing, using, browsing, or purchasing on andreasmurkudis.com, you accept and agree to be bound by these terms and conditions. If you do not accept our terms and conditions, please refrain from using this website.
These terms and conditions govern all Services offered by the sole proprietor ANDREAS MURKUDIS ("ANDREAS MURKUDIS," "us," or "we") via the website www.andreasmurkudis.com ("andreasmurkudis.com" or "we") to you.
andreasmurkudis.com practices its e-commerce activity exclusively toward the final consumer. The final consumer is any individual who makes purchases for purposes unrelated to any business or professional activity that may be performed. If you are not a final consumer, we ask you to refrain from entering into transactions with andreasmurkudis.com. Given the commercial policy described above, the vendor ANDREAS MURKUDIS reserves the right not to respond to purchases made from anyone who is not considered a final consumer or any non-compliant orders according to its commercial policy as defined herein.
The terms and conditions of use may be amended, particularly to abide by legislative changes. New terms and conditions of use apply to all sales made after their publication on andreasmurkudis.com. You can view the current version of the terms and conditions of use at any time by clicking on Terms and Conditions. Furthermore, for each order made on andreasmurkudis.com, you will be asked to confirm your agreement to the terms and conditions in place at the time you place your order.
Date: May 24, 2018
Terms & Conditions
The prices of our products are indicated in Euros, including VAT, excluding processing fees and shipping. All orders must be paid in Euros. For orders outside of Germany, the client is the importer of the product purchased. Customs duties, local taxes, import duties, or state taxes may be charged. andreasmurkudis.com is not responsible for paying these taxes and fees.
Payment can be made via PayPal.
Payment is encrypted and secured by PayPal.
PayPal Terms and Conditions apply with the use of PayPal as a digital payment system.
Shipping & Delivery
Items will be sent to the delivery address provided during the purchase within the first weekday after the payment is received. Shipping fees are calculated automatically after the order is finalized. They will appear alongside the final amount to be paid. Products will be billed based on the following standardized shipping rates:
Germany: 10 €
EU: 25 €
Worldwide: 70 €
After the item has been shipped, we will provide an email with the tracking number. You can follow your order from dispatch until arrival on the website of the delivery service by indicating the tracking number.
Please note that local taxes may apply when shipping outside the EU. Customs and other fees incurred in the destination country are the responsibility of the recipient.
Withdrawal / Refund Policy
If you are a consumer (Verbraucher), i.e. an individual ordering goods from andreasmurkudis.com for a purpose that is outside your trade, business, or profession, you have the right to withdraw from the purchase contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party selected by you, other than the carrier, acquires physical possession of the goods.
Before returning an item please contact our customer service team at sales[at]andreasmurkudis.com. Items must be returned in their original condition, in their packaging, and with a copy of the invoice to the following address:
Potsdamer Straße 81
Effects of Withdrawal
If you withdraw from the purchase contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from the purchase contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the returned goods or you have supplied evidence of having sent back the goods, whichever may come earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the purchase contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
andreasmurkudis.com agrees not to disclose any information provided to us to third parties. This information remains confidential, and will firstly be used by our internal departments to process and deliver your order. Secondly for personalized communication matters or to offer specific products, including the andreasmurkudis.com newsletter. For further questions please contact: sale[at]andreasmurkudis.com
All items offered on andreasmurkudis.com comply with German law. It is your responsibility to check with local authorities in your country to verify the possibility of delivery within your country and the use of the products you plan to order.
All texts, information, articles, illustrations, and images produced on the andreasmurkudis.com website are all rights reserved. As such, in accordance with the Intellectual Property Code, only private use is tolerated. Any other use constitutes infringement and is punishable under Intellectual Property laws unless andreasmurkudis.com gives permission before use. Total or partial reproduction of the andreasmurkudis.com catalog is strictly prohibited. All rights reserved.
Links to Other Sites
Andreasmurkudis.com contains links to third-party web sites that are maintained by others. The company is not responsible for the content of linked third-party websites. If you decide to access linked third-party web sites, you do so at your own risk.
We are not liable in case of loss that are not incurred by breach in contract or an act of negligence by us, neither for cases of indirect loss incurred as part of a main loss or damage that could not be reasonably foreseen by you and us. Also, we are not liable if we do not meet obligations stated in the Terms and Conditions affiliated to events that lie beyond our possibilities in human terms of influence.
Choice of law and place of jurisdiction
The purchase contract and any other legal relation between you and andreasmurkudis.com shall be exclusively construed and governed by the laws of the Federal Republic of Germany without regard to the laws that would otherwise apply under applicable choice of law principles and under exclusion of the United Nations Convention on Contracts for the International Sale of Goods. If you are a customer, this choice of law only applies as far as it does not elude the obligatory rules of consumer protection of the state of your habitual residence.
If you are a merchant (Kaufmann), the exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is the place of business of Andreas Murkudis. The same applies if you do not have a general place of jurisdiction within the European Union or if your habitual residence is unknown at the time of filing of a lawsuit.
The invalidity of any of the provisions contained in these general terms and conditions shall not affect the validity of the remaining provisions. Italicized terms in brackets are clarifying translations of the preceding terms into German language.
Potsdamer Straße 81
E-mail address: work[at]andreasmurkudis.com
Managing Director / Owner: Murkudis, Andreas
Types of processed data
- Inventory data (e.g., names, addresses)
- contact information (e.g., e-mail addresses, phone numbers)
- content data (e.g., text input, photographs, videos)
- usage data (e.g., websites visited, interest in content, access times)
- Meta/communication data (e.g., device information, IP addresses)
Categories of affected persons
Visitors and users of the online platforms (from now on we refer to the affected persons as "users").
Purpose of processing
- Provision of the online platforms, its functions, and contents
- Answering contact requests and communicating with users
- Safety measures
- Reach measurement/marketing
"Personal data" means any information relating to an identified or identifiable natural person (hereinafter the "data subject"); a natural person is considered as identifiable, which can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, to an identification number, to location data, to an online identifier (e.g. cookie) or to one or more particular features, that express the physical, physiological, genetic, mental, economic, cultural or social identity of this natural person.
"Processing" means any process performed with or without the aid of automated procedures or any such process associated with personal data. The term goes far and includes virtually every handling of data.
"pseudonymization" means the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without additional information being provided. Such additional information is kept separate and subject to technical and organizational measures, to ensure that the personal data is not assigned to an identified or identifiable natural person.
"Profiling" means any kind of automated processing of personal data which involves the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to job performance, economic situation, health or personal interest to analyze or predict preferences, interests, reliability, behavior, whereabouts or relocation of that natural person.
"Person responsible" means the natural or legal person, public authority, or body that decides, alone or in consent with others, on the purposes and means of processing personal data.
"Processor" means a natural or legal person, public authority, agency or another body that processes personal data on behalf of the controller.
Relevant legal bases
Following Art. 13 GDPR, we inform you about the legal basis of our data processing. Unless the legal basis in the data protection declaration is mentioned, the following applies: The legal basis for obtaining consent is Article 6 (1) lit. A and Art. 7 DSGVO, the legal basis for the processing for the performance of our services and the execution of contractual measures as well as the response to inquiries is Art. 6 (1) lit. b DSGVO, the legal basis for processing in order to fulfill our legal obligations is Art. 6 (1) lit. c DSGVO and the legal basis for processing in order to safeguard our legitimate interests in Article 6 (1) lit. f DSGVO. If vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d DSGVO stands as a legal basis.
We take appropriate technical measures following Art. 32 GDPR, taking into account the state of the art, the implementation costs and the nature, scope, circumstances, and purposes of the processing as well as the different likelihood and severity of the risk to the rights and freedoms of natural persons and organizational measures to ensure a level of protection appropriate to the risk.
Measures include, in particular, ensuring the confidentiality, integrity, and availability of data by controlling physical access to the data, as well as their access, input, disclosure, availability, and separation. We have also set up procedures to ensure the enjoyment of subject data rights, data deletion, and data vulnerability. Furthermore, we consider the protection of personal data already in the development, or selection of hardware, software, and procedures, according to the principle of data protection through technology design and privacy-friendly default settings (Article 25 DSGVO).
Collaboration with processors and third parties
If in the context of our processing, we disclose data to other persons and companies (contract processors or third parties), transmit them to them or otherwise grant access to the data, this will only be done on the basis of a legal permission (e.g. if a transmission of the data to third parties, is required by payment service providers, pursuant to Art. 6 (1) (b) GDPR to fulfill the contract), you have consented to, a legal obligation or based on our legitimate interests (e.g. the use of agents, web hosts, etc.).
If we commission third parties to process data by a so-called "contract processing contract," this is done on the basis of Art. 28 GDPR.
Transfers to third countries
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or in the context of the use of third-party services or disclosure or transmission of data to third parties, this will only be done if it is to fulfill our (pre) contractual obligations, on the basis of your consent, on the basis of a legal obligation or the basis of our legitimate interests. Subject to legal or contractual permissions, we process or have the data processed in a third country only in the presence of the particular conditions of Art. 44 et seq. DSGVO. That means that the processing is carried out on the basis of, e.g., specific guarantees, such as the officially recognized level of data protection (e.g., for the US through the Privacy Shield) or compliance with officially recognized special contractual obligations (so-called "standard contractual clauses").
Rights of data subjects
You have the right to ask for confirmation as to whether the data in question is being processed, and for information about this data, as well as for further information and a copy of the data by Art. 15 GDPR.
According to Art. 16 DSGVO you have the right to demand the completion of the data concerning you or the correction of the incorrect data concerning you.
Following Art. 17 GDPR, you have the right to demand that the relevant data be deleted immediately or to require a restriction of the processing of data following Art. 18 GDPR.
You have the right to demand that the data relating to you, which you have provided to us, be obtained following Art. 20 GDPR and request their transmission to other persons responsible.
According to gem. Art. 77 DSGVO you have the right to file a complaint with the competent supervisory authority.
You have the right to withdraw granted consent following. Art. 7 para. 3 DSGVO with effect on the future.
You can object to the future processing of your data following Art. 21 GDPR at any time. The objection may, in particular, be made against processing for direct marketing purposes.
Cookies and right to object in direct mail
"Cookies" are small files that are stored on users' computers. Different information can be stored in the cookies. A cookie is primarily used to store the information about a user (or the device on which the cookie is stored) during or after his visit to an online offer. Temporary cookies, or "session cookies" or "transient cookies," are cookies that are deleted after a user leaves an online service and closes his browser. In such a cookie, e.g., the contents of a shopping cart in an online shop or a login status are saved. The term "permanent" or "persistent" refers to cookies that remain stored even after the browser has been closed. Thus, e.g., the login status will be saved if users visit it after several days. Likewise, in such a cookie the interests of the users can be stored, which are used for range measurement or marketing purposes. A "third-party cookie" refers to cookies that are offered by providers other than the person who manages the online offer (otherwise, if it is only their cookies, this is called "first-party cookies").
If users do not want cookies stored on their computer, they will be asked to disable the option in their browser's system settings. Saved cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
Deletion of data
According to legal requirements in Germany, the storage takes place in particular for 10 years according to §§ 147 Abs. 1 AO, 257 Abs. 1 Nr. 1 and 4, Abs. 4 HGB (books, records, management reports, accounting documents, trading books, relevant for taxation Documents, etc.) and 6 years in accordance with § 257 (1) no. 2 and 3, para. 4 HGB (commercial letters).
According to legal regulations in Austria the storage takes place especially for 7 years according to § 132 paragraph 1 BAO (accounting documents, receipts / invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with real estate and for 10 years in the case of documents relating to electronically supplied services, telecommunications, broadcasting and television services provided to non-entrepreneurs in EU Member States and for which the Mini-One-Stop-Shop (MOSS) is used.
Besides, we process contract data (e.g., subject, term, customer category) and payment details (e.g. bank details, payment history) from our customers, prospects and business partners to provide contractual services, service and customer care, marketing, advertising, and market research.
Order processing in the online shop and customer account
We process the data of our customers as part of the ordering process in our online shop to allow them to select and order the selected products and services, as well as their payment and delivery, or execution. The processed data includes inventory data, communication data, contract data, payment data and persons affected by the processing belong to our customers, prospects and other business partners. Processing is to provide contractual services in the context of the operation of an online shop, billing, delivery and customer service. Here we use session cookies for the storage of the shopping cart contents and permanent cookies for the storage of the login status. Processing is based on Art. 6 para. 1 lit. b (execution of order transactions) and c (legally required archiving) DSGVO. The information marked as required for the establishment and fulfillment of the contract is required. We disclose the data to third parties only in the context of extradition, payment or in the context of legal permissions and obligations to legal advisors and authorities. The data will be processed in third countries only if necessary for the fulfillment of the contract (for example, on customer's request upon delivery or payment). Users can optionally create a user account, in particular by being able to view their orders. As part of the registration, the necessary mandatory information will be communicated to the users. The user accounts are not public and cannot be indexed by search engines. If users have terminated their user account, their data will be deleted concerning the user account, subject to their retention is for commercial or tax law reasons according to Art. 6 para. 1 lit. C DSGVO necessary. Information in the customer account remains until its deletion with subsequent archiving in case of a legal obligation. It is the responsibility of the users to secure their data upon termination before the end of the contract. As part of the registration and re-registration and use of our online services, we store the IP address and the time of the respective user action. The storage is based on our legitimate interests, as well as the user's protection against misuse and other unauthorized use. A transfer of these data to third parties does not take place unless it is necessary for the prosecution of our claims or there is a legal obligation following. Art. 6 para. 1 lit. c DSGVO. The deletion takes place after expiry of legal warranty, and comparable obligations, the necessity of keeping the data is checked every three years; in the case of legal archiving obligations, the deletion takes place after its expiration (end of commercial law (6 years) and tax law (10 years) retention obligation).
External payment service providers
Administration, financial accounting, office organization, contact management
We process data in the context of administrative tasks and organization of our business, financial accounting, and compliance with legal obligations, such as archiving. In doing so, we process the same data that we process in the course of rendering our contractual services. The processing principles are Art. 6 para. 1 lit. c. DSGVO, Art. 6 para. 1 lit. f. DSGVO. The processing affects customers, prospects, business partners and website visitors. The purpose and interest in processing lie in administration, financial accounting, office organization, data archiving, that is, tasks that serve to maintain our business, perform our duties and provide our services. The deletion of the data regarding contractual performance and contractual communication corresponds to the information provided in these processing activities. When disclosing or submitting data to the financial administration, consultants, such as tax accountants or auditors, as well as other free agents and payment service providers. Furthermore, based on our business interests, we store information about suppliers, promoters, and other business partners, e.g., for later contact. We generally store predominantly company-related data permanently.
Business analysis and market research
In order to operate our business economically, to recognize market trends, wishes of the contractors and users, we analyze the data available to us for business transactions, contracts, inquiries, etc. We process stock data, communication data, contract data, payment data, usage data, metadata based on the nature 6 para. 1 lit. f. DSGVO, whereby the data subjects include contractual partners, interested parties, customers, visitors and users of our online offer. The analyzes are carried out for business analysis, marketing, and market research. In doing so, we can provide the profiles of registered users with information, e.g., take into account their services. The analyzes serve us to increase the user-friendliness, the optimization of our offer and the business economics. The analyzes are for us alone and will not be disclosed externally unless they are anonymous, aggregated value analyzes. If these analyzes or profiles are personal, they will be deleted or anonymized upon termination of the users, otherwise after two years from the conclusion of the contract. Incidentally, the overall business analyzes and general trend provisions are created anonymously, if possible.
When contacting us (for example, by contact form, e-mail, telephone or via social media) the information of the user is processed under Art. 6 para. 1 lit. b) DSGVO to process the contact request. User information can be stored in a Customer Relationship Management System ("CRM System") or a comparable request organization. We delete the requests if they are no longer required. We check the necessity every two years; Furthermore, the legal archiving obligations apply.
With the following information, we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedures as well as your right of objection. By subscribing to our newsletter, you agree to the receipt and the procedures described.
The Content of the newsletter: We send newsletters, emails and other electronic notifications with advertising information (hereinafter "newsletter") only with the consent of the recipient or legal permission. Insofar as the contents of a newsletter are concretely described, they are authoritative for the consent of the users. Incidentally, our newsletter contains information about our services and us. Double opt-in and logging: Registration for our newsletter is done in a so-called double-opt-in procedure. That After registration, you will receive an email asking you to confirm your registration. This confirmation is necessary so that nobody can register with external email addresses. The registration for the newsletter will be logged to prove the registration process according to the legal requirements. This includes the storage of the login and the confirmation time, as well as the IP address. Likewise, changes to your data stored with the shipping service provider will be logged. Credentials: To subscribe to the newsletter, it is sufficient to provide your e-mail address. Optionally, we ask you to give a name in the newsletter for personal address. The dispatch of the newsletter and the associated performance measurement are based on the consent of the recipients acc. Art. 6 para. 1 lit. a, Art. 7 DSGVO i.V.m § 7 Abs. 2 No. 3 UWG or if consent is not required, based on our legitimate interests in the direct marketing acc. Art. 6 para. 1 lt. F. DSGVO i.V.m. § 7 Abs. 3 UWG. The logging of the registration process is based on our legitimate interests following. Art. 6 para. 1 lit. f DSGVO. Our interest lies in the use of a user-friendly and secure newsletter system, which serves both our business interests and the expectations of the users and also allows us to prove our consent. Termination / Revocation - You may terminate the receipt of our newsletter at any time, i.e. revoke your consent. A link to cancel the newsletter can be found at the end of each newsletter. We may save the submitted email addresses for up to three years based on our legitimate interests before we delete them to provide prior consent.
The processing of this data is limited to the purpose of a possible defense against claims. An individual request for cancellation is possible at any time, provided that at the same time the former existence of consent is confirmed.
Newsletter – MailChimp
Newsletter – Success Measurement
The newsletters contain a so-called "web-beacon." A pixel-sized file that is retrieved from the server when opening the newsletter from our server, or if we use a shipping service provider. This call will initially collect technical information, such as information about the browser and your system, as well as your IP address and time of retrieval. This information is used to improve the technical performance of services based on their specifications or audience and their reading habits, based on their locations (which can be determined using the IP address) or access times. Statistical surveys also include determining if the newsletters will be opened, when they will be opened and which links will be clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. However, it is neither our goal 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 content to them or to send different content according to the interests of our users.
Facebook Pixels, Custom Audiences, and Facebook Conversion
Within our online platforms and due to our legitimate interests in analysis, optimization and economic operation of our online platforms, the so-called "Facebook pixel" of the social network Facebook, by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or, if you are located in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland ("Facebook") is applied. Facebook is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European data protection law. With the help of the Facebook pixel, it is on the one hand possible for Facebook to determine the visitors to our online offer as a target group for the display of advertisements (so-called "Facebook ads"). Accordingly, we use the Facebook Pixel to display the Facebook Ads we have been sent only to those Facebook users who have shown an interest in our online offer or who have certain features (e.g., interests in certain topics or products determined by the web pages visited by them), which we transmit to Facebook (so-called "Custom Audiences"). With the help of the Facebook pixel, we also want to make sure that our Facebook ads are in line with the potential interest of users and are not annoying. With the help of the Facebook Pixel, we can also understand the effectiveness of the Facebook ads for statistical and market research purposes, in which we see whether users were redirected to our website after clicking on a Facebook ad (so-called "conversion"). The processing of the data by Facebook is part of Facebook's data usage policy. Accordingly, general notes on how to display Facebook Ads, in Facebook's Data Usage Policy. For specific information and details about the Facebook Pixel and how it works, visit the help section of Facebook. You may object to the capture by the Facebook Pixel and use of your data to display Facebook Ads. To set which types of ads you see on Facebook, you can go to the page set up by Facebook and follow the instructions for the usage-based advertising settings. The settings are platform independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices. You can also use the Cookies for distance measurement and promotional purposes via the deactivation page of the Network Advertising Initiative and in addition the US website or the European website.
Online presence in social media
Integration of services and contents of third parties
Based on our legitimate interests (i.e. interest in the analysis, optimization and economic operation of our online platforms within the meaning of Art. 6 (1) lit. DSGVO), we make use of content or services offered by third-party providers in order to provide their content and services, such as videos or fonts (collectively referred to as "content"). This always presupposes that the third-party providers of this content perceive the IP address of the users since they could not send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We endeavor to use only content whose respective providers use the IP address solely for the delivery of the content. Third parties may also use so-called pixel tags (invisible graphics, also referred to as "web beacons") for statistical or marketing purposes. The "pixel tags" can be used to evaluate information such as visitor traffic on the pages of this website. The pseudonymous information may also be stored in cookies on the user's device and may include, but is not limited to, technical information about the browser and operating system, referring web pages, visit time, and other information regarding the use of our online platforms.
Use of Facebook social plugins