+49 9375 9288 0
Gebr. Josef & Matthäus Ziegler GmbH
Mainzer Straße 26
97896 Freudenberg am Main
Gebr. Josef & Matthäus Ziegler GmbH
D-97896 Freudenberg am Main
Tel.: +49 9375 9288 0
Mannheim District Court / HRB 570239
Managing Director: Andreas Rock
General terms and conditions of the company Gebr. J. & M. Ziegler GmbH
§ 1 scope, form
These general terms and conditions of sale (AVB) apply to all of our business relationships with our customers (hereinafter referred to as “buyers”). The General Terms and Conditions only apply if the buyer is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law.
The General Terms and Conditions apply in particular to contracts for the sale and / or delivery of movable objects ("goods"), regardless of whether we manufacture the goods ourselves or buy them from suppliers (§§ 433, 650 BGB). Unless otherwise agreed, the General Terms and Conditions apply in the version valid at the time of the buyer's order or at least in the version last communicated to him in text form as a framework agreement also for similar future contracts, without us having to refer to them again in each individual case.
have expressly agreed. This consent requirement applies in any case, for example even if we carry out the delivery to the buyer without reservation with knowledge of the general terms and conditions of the buyer.
Individual agreements made with the buyer on a case-by-case basis (including side agreements, additions and changes) always take precedence over these GTC. A written contract or our written confirmation is authoritative for the content of such agreements, subject to proof to the contrary.
Legally relevant declarations and notifications by the buyer in relation to the contract (e.g. setting of a deadline, notification of defects, withdrawal or reduction) must be submitted in writing, ie in writing or text form (e.g. letter, email, fax). Statutory formal requirements and further evidence, especially in the event of doubts about the legitimacy of the declaring party, remain unaffected.
References to the validity of legal regulations are only used for clarification purposes. The statutory provisions therefore apply even without such a clarification, unless they are directly amended or expressly excluded in these AVB.
§ 2 Conclusion of contract
Our offers are non-committal and non-binding. This also applies if we have provided the buyer with catalogs, technical documentation (e.g. drawings, plans, calculations, calculations, references to DIN standards), other product descriptions or documents - also in electronic form - to which we have property rights and copyrights Reserved.
The order of the goods by the buyer is considered a binding contract offer. Unless otherwise stated in the order, we are entitled to accept this contract offer within 14 days of receiving it.
The acceptance can be declared either in writing (e.g. by order confirmation) or by delivery of the goods to the buyer.
§ 3 Delivery Period and Delay in Delivery
The delivery period is agreed individually or specified by us when we accept the order. If this is not the case, the delivery period is a maximum of two weeks from the conclusion of the contract. If a delivery period longer than six weeks has been agreed or if performance disruptions occur that delay delivery of the goods by more than six weeks through no fault of the seller, the associated unforeseen additional expenses and cost increases, including increases in procurement costs, can be added by the seller to the agreed purchase price.
Deadlines and dates for deliveries and services promised by us are always approximate, unless a fixed period or a fixed date has been expressly promised or agreed. If shipment has been agreed, delivery periods and delivery dates always refer to the time of handover to the forwarding agent, carrier or other third party commissioned with the transport.
If we cannot meet binding delivery deadlines for reasons for which we are not responsible (unavailability of the service), we will inform the buyer of this immediately and at the same time notify the expected new delivery deadline. If the service is also not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part; We will immediately reimburse any consideration already provided by the buyer. A case of non-availability of the service in this sense is in particular the late delivery by our supplier if we have concluded a congruent hedging transaction, neither we nor our supplier are at fault or we are not obliged to procure in individual cases.
The occurrence of our delay in delivery is determined by the statutory provisions. In any case, however, a reminder is required from the buyer. If we are in default of delivery, the buyer can demand lump-sum compensation for the damage caused by the delay. The lump sum for damages is 0,5% of the net price (delivery value) for each completed calendar week of delay, but no more than 5% of the delivery value of the delayed goods. We reserve the right to provide evidence that the buyer incurred no damage or only significantly less damage than the above flat rate.
The rights of the buyer according to § 8 of these General Terms and Conditions and our statutory rights, in particular in the case of an exclusion of the obligation to perform (e.g. due to impossibility or unreasonableness of the service and / or subsequent performance), remain unaffected.
§ 4 delivery, transfer of risk, acceptance, default in acceptance
Delivery takes place ex warehouse, which is also the place of performance for delivery and any subsequent performance. At the request and expense of the buyer, the goods will be sent to a different destination (sale by mail order). Unless otherwise agreed, we are entitled to determine the type of shipment (in particular transport company, shipping route, packaging) ourselves. The seller is entitled to make partial deliveries if this is reasonable for the buyer.
The risk of accidental loss and accidental deterioration of the goods is transferred to the buyer at the latest when the goods are handed over. In the case of sales by mail order, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay are transferred to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. If acceptance has been agreed, this is decisive for the transfer of risk. The statutory provisions of the law on contracts for work and services also apply accordingly to an agreed acceptance. The handover or acceptance is the same if the buyer is in default of acceptance.
If the buyer is in default of acceptance, if he fails to cooperate or if our delivery is delayed for other reasons for which the buyer is responsible, we are entitled to demand compensation for the resulting damage including additional expenses (e.g. storage costs). For this we charge a flat rate compensation of 0,5% of the purchase price per calendar week, but no more than 10% of the purchase price in the event of non-acceptance, beginning with the delivery period or - in the absence of a delivery period - with the notification that the goods are ready for dispatch. Proof of higher damage and our statutory claims (in particular reimbursement of additional expenses, reasonable compensation, termination) remain unaffected; however, the lump sum is to be offset against further monetary claims. The buyer is allowed to prove that we suffered no damage at all or only significantly less damage than the above flat rate.
In addition, the INCO terms in their currently valid version apply to deliveries by the seller, unless otherwise stipulated in these AVB.
§ 5 prices and terms of payment
Unless otherwise agreed in individual cases, our current prices at the time the contract is concluded apply. If delivery is to take place more than four months after the conclusion of the contract, the prices valid at the time of delivery apply (less any separately agreed percentage or fixed discount). Additional or special services are always charged separately. The prices are in euros ex warehouse plus statutory VAT.
Freight and shipping costs are included in the current prices for mail order purchases (Section 4, Paragraph 1), provided that the respective minimum order quantity, currently 6 bottles of 50 cl / 70 cl or one bottle of 300 cl or 6 sales units of a multipack, is reached . Otherwise, the buyer bears the transport costs from the warehouse. The costs of any transport insurance requested by the buyer must always be borne by the buyer. If we do not invoice the actually incurred transport costs in individual cases, the transport costs of a German forwarding company of a German parcel sender that are customary at the time of readiness for dispatch shall be deemed to have been agreed.
If the agreed prices are based on the seller's list prices and delivery is only to take place more than four months after the conclusion of the contract, the seller's list prices valid at the time of delivery apply (less an agreed percentage or fixed discount).
The purchase price is due and payable within 10 days of invoicing and delivery or acceptance of the goods. However, even in the context of an ongoing business relationship, we are entitled at any time to carry out a delivery in whole or in part only against prepayment. We shall declare a corresponding reservation at the latest with the order confirmation. Payment by check is excluded unless it is agreed separately in individual cases.
When the above payment deadline has expired, the buyer is in default. Interest is charged on the purchase price during the delay at the applicable statutory default interest rate. We reserve the right to claim further damage caused by default. Our claim to commercial maturity interest (§ 353 HGB) remains unaffected with regard to business people.
The buyer is only entitled to set-off or retention rights insofar as his claim has been legally established or is undisputed. In the event of defects in the delivery, the reciprocal rights of the buyer, in particular in accordance with Section 7 (6) sentence 2 of these General Terms and Conditions, remain unaffected.
If, after the conclusion of the contract, it becomes apparent (e.g. through an application to open insolvency proceedings) that our claim to the purchase price is jeopardized by the buyer's inability to perform, we are entitled to only carry out outstanding deliveries or services against advance payment or a security deposit. Unaffected by this, we are entitled to refuse performance in accordance with the statutory provisions and - if necessary after setting a deadline - to withdraw from the contract (Section 321 of the German Civil Code). In the case of contracts for the production of non-representable items (custom-made items), we can declare our withdrawal immediately; the statutory regulations on the dispensability of setting a deadline remain unaffected.
We always reserve the ownership or copyright to all offers and cost estimates made by us as well as drawings, images, calculations, brochures, catalogs, models, tools and other documents and aids made available to the buyer. Without our express consent, the buyer is not entitled to make these documents or things available to third parties, either as such or in terms of content, to disclose them, to use them himself or through third parties or to reproduce them. The buyer has to return these documents or things to us on first request and destroy any copies made if they are no longer required by him in the ordinary course of business or if negotiations do not lead to the conclusion of a contract. An exception to this is the storage of electronically provided data for the purpose of normal data backup.
§ 6 Retention of title
We reserve title to the sold goods until all of our current and future claims from the sales contract and an ongoing business relationship (secured claims) have been paid in full.
The goods subject to retention of title may not be pledged to third parties or assigned as security before the secured claims have been paid in full. The buyer must notify us immediately in writing if an application is made to open insolvency proceedings or if third parties have accessed the goods belonging to us (e.g. seizures).
If the buyer acts in breach of contract, in particular if the purchase price is not paid, we are entitled to withdraw from the contract in accordance with the statutory provisions and / or to demand the return of the goods on the basis of retention of title. The request for surrender does not also include the declaration of withdrawal; rather, we are entitled to only demand the goods and to reserve the right to withdraw from the contract. If the buyer does not pay the due purchase price, we may only assert these rights if we have previously set the buyer a reasonable deadline for payment without success or if such a deadline is dispensable according to the statutory provisions.
The buyer is authorized to resell and / or process the goods subject to retention of title in the ordinary course of business until revoked in accordance with (c) below. In this case, the following provisions also apply.
The retention of title extends to the full value of the products resulting from processing, mixing or combining our goods, whereby we are considered the manufacturer. If the right of ownership of third parties remains in the event of processing, mixing or combining with goods of third parties, we shall acquire co-ownership in the ratio of the invoice values of the processed, mixed or combined goods. Otherwise, the same applies to the resulting product as to the goods delivered under retention of title.
The purchaser hereby assigns to us as security the claims against third parties arising from the resale of the goods or the product in total or in the amount of our possible co-ownership share in accordance with the above paragraph. We accept the assignment. The obligations of the buyer named in Paragraph 2 also apply with regard to the assigned claims.
In addition to us, the buyer remains authorized to collect the claim. We undertake not to collect the claim as long as the buyer fulfills his payment obligations towards us, there is no defect in his performance and we do not assert the retention of title by exercising a right according to paragraph 3. If this is the case, however, we can demand that the buyer notify us of the assigned claims and their debtors, provide all information required for collection, hand over the associated documents and notify the debtors (third parties) of the assignment. In this case, we are also entitled to revoke the buyer's authorization to resell and process the goods subject to retention of title.
If the realizable value of the securities exceeds our claims by more than 10%, we will release securities of our choice at the request of the buyer.
§ 7 Food Monitoring
If a government agency complains about the goods delivered by the seller to the buyer under food law, the buyer is obliged to notify the seller immediately. In addition, if a sample is taken, the buyer will ensure that a second sample is taken from the same batch, officially sealed and secured as a counter-sample for the seller.
§ 8 Buyer's Claims for Defects
The statutory provisions apply to the buyer's rights in the event of material defects and defects of title (including incorrect and short deliveries), unless otherwise specified below. In all cases, the special statutory provisions remain unaffected for the final delivery of the unprocessed goods to a consumer, even if the consumer has processed them (supplier recourse according to §§ 478 BGB). Claims from supplier recourse are excluded if the defective goods have been processed by the buyer or another entrepreneur.
The basis of our liability for defects is primarily the agreement made on the quality of the goods. Information on the subject of the delivery or service (e.g. weights, dimensions, utility values, load capacity, tolerances and technical data) in catalogs or on our website as well as our representations of the same (e.g. drawings and images) are only approximate, unless the usability for the contractually intended Purpose assumes an exact match. They are not guaranteed characteristics, but rather descriptions or identifications of the delivery or service. Customary deviations and deviations that occur due to legal regulations or represent technical improvements, as well as changes in shape, color, smell, taste or weight are permissible as long as they do not impair the usability for the contractually intended purpose.
Insofar as the quality has not been agreed, the statutory regulation must be used to assess whether or not there is a defect (Section 434, Paragraph 1, Clauses 2 and 3 of the German Civil Code). However, we do not assume any liability for public statements by the manufacturer or other third parties (e.g. advertising statements) that the buyer has not pointed out to us as being decisive for him.
In principle, we are not liable for defects that the buyer was aware of when the contract was concluded or that was not known due to gross negligence (Section 442 of the German Civil Code). Furthermore, the buyer's claims for defects require that he has complied with his statutory inspection and notification obligations (§§ 377, 381 HGB). In the case of goods that are intended or used for further processing, an examination must always be carried out immediately before processing. If a defect becomes apparent during the delivery, the inspection or at any later point in time, we must be notified of this immediately in writing. In any case, obvious defects are to be reported in writing within 10 working days from delivery and defects not recognizable during the inspection within the same period from discovery. If the buyer fails to properly examine and / or report defects, our liability for defects that are not reported or not reported in good time or not properly is excluded in accordance with the statutory provisions.
If the delivered item is defective, we can first choose whether we provide supplementary performance by eliminating the defect (subsequent improvement) or by delivering a defect-free item (replacement delivery). Our right to refuse supplementary performance under the legal requirements remains unaffected.
We are entitled to make the subsequent performance owed dependent on the buyer paying the purchase price due. However, the buyer is entitled to withhold part of the purchase price that is reasonable in relation to the defect.
The buyer has to give us the time and opportunity necessary for the subsequent performance owed, in particular to hand over the rejected goods for inspection purposes. In the case of a replacement delivery, the buyer must return the defective item to us in accordance with the statutory provisions. The supplementary performance includes neither the removal of the defective item nor the re-installation if we were not originally obliged to install it.
We shall bear or reimburse the expenses required for the purpose of testing and subsequent performance, in particular transport, travel, labor and material costs in accordance with the statutory provisions, if there is actually a defect. Otherwise we can demand reimbursement of the costs incurred from the unjustified request for the removal of defects (in particular testing and transport costs) from the buyer, unless the lack of defect was not recognizable to the buyer.
In urgent cases, e.g. if operational safety is endangered or to avert disproportionate damage, the buyer has the right to remedy the defect himself and to demand reimbursement of the objectively necessary expenses from us. We are to be notified immediately, if possible in advance, of any such action by ourselves. The right to carry out the work does not exist if we were entitled to refuse a corresponding subsequent performance in accordance with the statutory provisions.
If the supplementary performance has failed or a reasonable period to be set by the buyer for the supplementary performance has expired without success or is dispensable according to the statutory provisions, the buyer can withdraw from the purchase contract or reduce the purchase price. In a minor defect, however, there is no right of withdrawal.
Claims of the buyer for damages or reimbursement of wasted expenses only exist in the case of defects in accordance with § 8 and are otherwise excluded.
§ 9 Other liability
Unless otherwise stated in these AVB including the following provisions, we are liable in the event of a breach of contractual and non-contractual obligations in accordance with the statutory provisions.
We are liable for damages - regardless of the legal reason - within the scope of fault liability in the event of willful intent and gross negligence. In the event of simple negligence, we are only liable, subject to statutory liability restrictions (e.g. care in our own affairs; insignificant breach of duty)
for damage resulting from injury to life, body or health,
for damages resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the contractual partner regularly relies and may trust); in this case, however, our liability is limited to compensation for the foreseeable, typically occurring damage.
The limitations of liability resulting from Paragraph 2 also apply in the event of breaches of duty by or for the benefit of persons whose fault we are responsible for in accordance with statutory provisions. They do not apply if we have fraudulently concealed a defect or have given a guarantee for the quality of the goods and for claims of the buyer under the Product Liability Act.
Because of a breach of duty that does not consist of a defect, the buyer can only withdraw or terminate if we are responsible for the breach of duty. A free right of termination of the buyer (in particular according to §§ 650, 648 BGB) is excluded. In addition, the legal requirements and legal consequences apply.
§ 10 Limitation
In deviation from Section 438 Paragraph 1 No. 3 BGB, the general limitation period for claims arising from material and legal defects is one year from delivery. If an acceptance has been agreed, the statute of limitations begins with the acceptance.
However, if the goods are a building or an item that has been used for a building in accordance with its normal use and has caused its defectiveness (building material), the statutory period of limitation is 5 years from delivery (§ 438 Para. 1 No. 2 BGB). Other special statutory regulations on the statute of limitations remain unaffected (in particular Section 438 Paragraph 1 No. 1, Paragraph 3,
Sections 444, 445b BGB).
The above limitation periods of the sales law also apply to contractual and non-contractual claims for damages by the buyer based on a defect in the goods, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would lead to a shorter limitation period in individual cases. Claims for damages by the buyer in accordance with Section 9 Paragraph 2 Clause 1 and Clause 2 (a) as well as under the Product Liability Act only become statute-barred according to the statutory limitation periods.
§ 11 Choice of law and place of jurisdiction
The law of the Federal Republic of Germany applies to these General Terms and Conditions and the contractual relationship between us and the buyer to the exclusion of uniform international law, in particular the UN sales law.
If the buyer is a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive - also international place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is our place of business in Saarbrücken. The same applies if the buyer is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB). In all cases, however, we are also entitled to take legal action at the place of fulfillment of the delivery obligation in accordance with these AVB or a priority individual agreement or at the general place of jurisdiction of the buyer. Overriding statutory provisions, in particular those relating to exclusive responsibilities, remain unaffected.
RIGHT OF WITHDRAWAL
Consumers are entitled to a right of withdrawal in contracts for the delivery of goods in accordance with the following provision.
Consumers are any natural person who enters into a legal transaction for purposes which can not be attributed primarily to their commercial or self-employed occupation.
You have the right to withdraw from this contract within 14 days without giving any reason.
The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.
In order to exercise your right of withdrawal, you must contact us (Gebrüder Josef and Matthäus Ziegler Limited Liability Company, Hauptstrasse 26, 97896 Freudenberg / Baden, Germany, Tel: 09375/92880, Fax: 09375/928811, E-Mail: info @ Brennerei-ziegler .de) by means of a clear declaration (e.g. letter, fax or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including the delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent back the goods, whichever is 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 expiry of the period of fourteen days. We bear the 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.
Exclusion or premature termination of the right of withdrawal:
The right does not apply to contracts
- for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
The right of withdrawal expires prematurely in the case of contracts
- for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
The right of withdrawal does not apply to consumers who, at the time of the conclusion of the contract, do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of the conclusion of the contract.
Refund Request Form Template
(If you want to revoke the contract, please fill out this form and send it back.)
To the brothers Josef and Matthäus Ziegler Limited Liability Company, Hauptstrasse 26, 97896 Freudenberg / Baden, Fax: 09375/928811, E-Mail: email@example.com
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 consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only in the case of a communication on paper)
(*) Delete as appropriate
1. Information about the collection of personal data and contact details of the person responsible Data collection when you visit our website 2. Cookies3. Data processing for order processing 4. Data processing when opening a customer account and for contract processing 5. Contact 6. Use of your data for direct mail 7. Online Marketing8. Web analytics services 9. Retargeting / remarketing / referral advertising10. Tools and miscellaneous 11. Rights of the data subject 12. Duration of storage of personal data 13. Information about the collection of personal data and contact details of the person responsible
1.1 Thank you for visiting our website. In the following we would like to inform you about the handling of your personal data when using our website. Personal data is basically all data with which you can be personally identified.
1.2 The person responsible for processing data on our website within the meaning of the General Data Protection Regulation (GDPR) is:
Brothers Josef and Matthäus Ziegler limited liability company
Hauptstrasse 26, Freudenberg am Main
Tel: + 49 (0) 9375 9288 0
1.3 The person responsible has appointed the following data protection officer:
Contact details of the data protection officer:
When contacting the data protection officer, please state the company to which your request relates. Please refrain from giving sensitive information such as a copy of your ID.
1.4 In order to protect the security of your data during transmission, we use state-of-the-art encryption methods (e.g. SSL or TSL) via HTTPS.
2. Data collection when visiting our website
Every time our website is accessed, our system automatically collects data and information that your browser transmits to our server (so-called "server log files"). The following, for us technically required data are collected:
Our website visitedDate and time at the time of accessAmount of the data sent in bytesSource / reference from which you came to the page Due to our legitimate interest in improving the stability and maintaining the functionality of our website. The data will not be passed on or used in any other way. The system must temporarily store the IP address in order to deliver the website to the user's computer For this purpose, the user's IP address must be stored for the duration of the session. We reserve the right to check the server log files retrospectively if there are concrete indications of illegal use. The data will be deleted as soon as they are available for Achievement of the purpose of their collection not m or are required. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended. If the data is stored in log files, this is the case after seven days at the latest. Storage beyond this is possible. In this case, the IP addresses of the users are deleted or alienated so that they can no longer be assigned to the accessing client. The collection of the data for the provision of the website and the storage of the data in log files is essential for the operation of the website. There is consequently no possibility of objection on the part of the user.
You can find help for the settings in the respective help menu of your browser under the following links:
Internet Explorer: http://windows.microsoft.com/en-US/windows-vista/Block-or-allow-cookies
Some of the cookies used here are deleted after closing your browser (so-called session cookies). Other cookies remain on your device and allow us or our third party cookies company to recognize your browser the next time you visit (persistent cookies). If cookies are set, they collect and process specific user information, such as browser and location data as well as IP address values, to an individual extent. Persistent cookies are automatically deleted after a specified period, which may differ depending on the cookie.
4. Data processing for order processing
4.1 If you would like to order in our webshop, it is necessary for the conclusion of the contract that you provide your personal data, which we need to process your order. We process the data you provide to process your order.
Partly, we work with external service providers to handle your order. For this we have to pass on the necessary personal data.
If we commission transport companies with the delivery of your goods, we will pass on your data required for the delivery of the goods to the respective transport company. For the processing of the payments, we will pass on your data to the commissioned bank as necessary. If we use payment service providers, you will also be informed about this below.
The legal basis for the transfer of your data is Art. 6 para. 1 lit. b DSGVO.
4.2 Transfer of your personal data to shipping service providers
If the goods are delivered to you by the transport service provider DPD (DPD Deutschland GmbH, Wailandtstraße 1, 63741 Aschaffenburg), we will give you for the purpose of delivery and within the scope of the necessity in accordance with Art. 6 Para. 1 lit. b DSGVO only forwards the name of the recipient and the delivery address to DPD. Only if you have given your express consent during the ordering process will we give your email address in accordance with Art. 6 Para. 1 lit. a GDPR to DPD prior to delivery of the goods for the purpose of agreeing a delivery date or for notification of delivery. Your consent can be revoked at any time with effect for the future vis-à-vis the person responsible or the transport service provider DPD.
If the goods are delivered to you by the transport service provider GLS (General Logistics Systems Germany GmbH & Co. OHG, GLS Germany-Straße 1? 7, 36286 Neuenstein), we will give you for the purpose of delivery and within the scope of the necessity in accordance with Art. 6 Para 1 lit. b GDPR only forwards the name of the recipient and the delivery address to GLS. Only if you have given your express consent in the ordering process will we pass on your e-mail address to GLS in accordance with Art. 6 Paragraph 1 lit. Your consent can be revoked at any time with effect for the future vis-à-vis the person responsible or vis-à-vis the transport service provider GLS.
If the goods are delivered to you by the transport service provider UPS (United Parcel Service Deutschland Inc. & Co. OHG, Görlitzer Straße 1, 41460 Neuss), we will give you for the purpose of delivery and within the scope of the necessity in accordance with Art. 6 Para. 1 lit . b DSGVO only forward the name of the recipient and the delivery address to UPS. Only if you have given your express consent during the ordering process will we give your email address in accordance with Art. 6 Para. 1 lit. a GDPR before the delivery of the goods for the purpose of agreeing a delivery date or to announce the delivery to UPS. Your consent can be revoked at any time with effect for the future vis-à-vis the responsible person named above or vis-à-vis the transport service provider UPS.
4.3 Use of payment service providers
When paying by credit card via ConCardis, payment is processed by ConCardis GmbH, Helfmann-Park 7, 65760 Eschborn. We pass on your personal data along with the information about your order in accordance with Article 6 (1) (b) GDPR to ConCardis for the purpose of processing payments and where necessary. You can find details on the data protection provisions of ConCardis here: https://www.concardis.com/datenschutzerklaerung
When choosing a payment method from the payment service provider PAYONE, the payment is processed by BS PAYONE GmbH, Lyoner Straße 9, 60528 Frankfurt / Main (hereinafter referred to as "PAYONE"). We provide your personal data along with the information about your order in accordance with Art. 6 Paragraph 1 b GDPR to PAYONE. Your data will only be passed on for the purpose of processing payments and only to the extent necessary.
When choosing the payment method PayPal, credit card via PayPal, direct debit via PayPal or? if offered - "purchase on account" or "payment in installments" via PayPal, payment is processed via PayPal (Europe) Sarl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal").
We pass on your personal data to PayPal in accordance with Art. 6 Paragraph 1 lit. PayPal reserves the right to use the payment methods credit card via PayPal, direct debit via PayPal or? if offered - "purchase on account" or "payment by installments" via PayPal before carrying out a credit check.
If necessary, your payment data will be processed in accordance with Art. 6 para. 1 lit. f DSGVO has been passed on to credit agencies on the basis of legitimate interest of PayPal in determining its solvency. The result of the credit check on the statistical probability of default is used by PayPal for the purpose of deciding on the provision of the respective payment method.
The credit information can contain probability values (so-called score values). Insofar as score values are included in the results of the credit rating, they are based on a scientifically recognized mathematical-statistical procedure. The calculation of score values includes, but is not limited to, address data.
You can object to this processing of your data at any time by sending a message to PayPal. However, PayPal may continue to be entitled to process your personal data if this is necessary for the contractual payment process.
5. Data processing when opening a customer account and for the execution of the contract
If you open a customer account with us, according to Art. 6 para. 1 lit. b DGSVO collected and processed personal data. The scope of the data can be seen from the input form. The data you enter will be stored and used by us for the purpose of processing the contract.
You can delete your customer account at any time. This can be done by a message to the address of the person in charge or, if offered, directly in the customer account. In this case, we will also block your data with regard to tax and commercial retention periods and delete them after expiration of these periods. This can only be opposed to your consent to permanent storage or a legally permitted further use of data on our part.
If you contact us via the contact form, the data entered in the input mask will be transmitted to us and saved. The collected data can be found in the respective input mask. When contacting us by e-mail, only the data entered by you will be transmitted to us.
The data will be used solely to process the conversation and your request. Legal basis for the processing of the data is in the presence of the consent of the user Art. 6 para. 1 lit. a) GDPR. The legal basis for the processing of the data transmitted in the course of sending an e-mail is Art. 6 para. 1 lit. f) GDPR. If the e-mail contact aims to conclude a contract, then additional legal basis for processing is Art. 6 para. 1 lit. b) GDPR. The data will be deleted as soon as they are no longer necessary for the achievement of the purpose of their collection and if no statutory storage requirements are in conflict. For the personal data from the input form of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation ends when it can be inferred from the circumstances that the matter in question has been finally clarified. The user has the opportunity to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he may object to the storage of his personal data at any time. In such a case, the conversation can not continue.
7. Use of your data for direct mail
On our website you can subscribe to a free newsletter. At the registration for the newsletter, the data from the input mask are transmitted to us. Required field is only your email address. If you make further voluntary submissions, they will only be used for personal address.
Legal basis for processing your data after subscribing to the newsletter is in the presence of the consent of the user Art. 6 para. 1 lit. a GDPR. We collect these by submitting a confirmation email after registering for the newsletter, which contains a confirmation link. If you click on this link, you also consent to the receipt of the newsletter.
When sending the registration to the newsletter, we store your IP address as well as the date and time of registration. This storage is used to track a possible misuse of your e-mail address.
We use the data collected by us when registering for the newsletter exclusively for the purpose of sending out the newsletter.
Subscription to the newsletter may be terminated by you at any time. For this purpose, there is a corresponding link in each newsletter. This also allows a revocation of the consent of the storage of the personal data collected during the registration process.
7.2 Newsletter for existing customers
If you purchase goods or services on our website and deposit your e-mail address here, this can subsequently be used by us for sending a newsletter. In such a case, the newsletter will only send direct mail for your own similar goods or services.
The legal basis for sending the newsletter as a result of the sale of goods or services is § 7 para. 3 UWG and Art. 6 para. 1 lit. f DSGVO. The data processing takes place solely on the basis of our legitimate interest in personalized direct mail.
If you have already objected to the use of your email address for direct marketing purposes, you will not receive this newsletter. However, you also have the option of objecting to the use of your e-mail address for the advertising purpose mentioned here with effect for the future by notifying us later and at any time. After receipt of your objection, the use of your email address for advertising purposes will be stopped immediately.
We send our newsletters via Sendinblue GmbH, Köpenicker Str. 126, 10179 Berlin (hereinafter referred to as "Sendinblue").
We pass on the data you entered when registering for the newsletter to Newsletter6Go in accordance with Art. 1 Paragraph 2 lit.
The data entered when ordering the newsletter (e.g. email address) is stored on Sendinblue's servers in Germany. Your data will be used by Sendinblue to send and statistically evaluate the newsletter on our behalf. For this purpose, the newsletter emails contain so-called web beacons or tracking pixels, which represent one-pixel image files that are stored on our website. In this way it can be traced whether a newsletter email has been opened and which links have been clicked on from it. With the help of this conversion tracking it can also be understood whether an action (such as the purchase of an article from our shop) was carried out after opening a link from the newsletter. In addition, technical information is recorded (e.g. the time of access, your IP address, browser type and / or operating system). These data are only collected in pseudonymized form and are not linked to your other personal data. If you do not want the data analysis described here, you have to unsubscribe from the newsletter. There is an order processing contract with Newsletter2Go.
You can find details on data protection at Newsletter2GO at:
7.4 Advertising by post
If you have left us your first name and surname, your postal address and possibly other personal data due to an order, we reserve the right to safeguard our legitimate interest in personalized direct mail according to Art. 6 para. 1 lit. f DSGVO to save this data and send you our offers by mail.
You can object to the storage and use of your data for this purpose at any time by a message to the person in charge.
8. Online marketing
Use Google Ads Conversion Tracking
This website uses the online advertising program "Google Ads" and, as part of Google Ads, conversion tracking from Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google").
Our offers are advertised on external websites with the help of advertising materials (so-called Google Adwords). Our legitimate interest lies in the display of advertising that is of interest to you and in achieving a fair calculation of advertising costs. The legal basis is Article 6 (1) (a) GDPR, namely your express consent.
These cookies usually lose their validity after 30 days and are not used for personal identification. Every Google Ads customer receives a different cookie, which is why cookies cannot be tracked via the websites of Ads customers.
The information obtained in this way is used to create conversion statistics for Ads customers about the total number of users who clicked on their ad and were forwarded to a page provided with a conversion tracking tag.
It cannot be used to identify you personally.
If you want to prevent tracking, you can deactivate the Google Conversion Tracking cookie via your internet browser under user settings.
You can find information about Google's data protection regulations here: http://www.google.de/policies/privacy/
You can permanently deactivate the conversion cookies by setting your browser accordingly or download and install the browser plug-in available under the following link:
In this case, certain functions of this website may not be used or may only be used to a limited extent.
9. web analytics services
We use the web analysis service Google Analytics (Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland) for this website.
The information generated about your use of this website (including the shortened IP address) will be transmitted to and stored by Google on a server, which may be transmitted to the United States.
We use Google Analytics with the extension "_anonymizeIp ()", which ensures anonymization of the IP address by shortening it and excludes direct personal reference. Your IP address will therefore be shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. In exceptional cases, the full IP address is sent to a Google server, including in the USA, and is only shortened there. In these exceptional cases, this processing takes place in accordance with Art. 6 Para. 1 lit. f GDPR. Our legitimate interest lies in the statistical analysis of user behavior for optimization and marketing purposes.
On our behalf, Google uses this information to evaluate your website usage, to create reports on website activity and to provide us with other services related to website activity and internet usage. Your IP address collected in this context will not be merged with other Google data.
You can prevent the storage of cookies by the appropriate setting of your browser.
You may also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing the following browser plug-in:
Alternatively, you can set an out-out cookie:
Disable Google Analytics
This opt-out cookie only works in this browser and only for this domain. If you delete your cookies in this browser, you must click this link again.
This website also uses Google Analytics for a cross-device analysis of visitor flows, which is carried out via a user ID. You can deactivate the cross-device analysis of your usage in your customer account under "My data", "Personal data".
10. Retargeting / Remarketing / Referral Advertising
Facebook Custom Audience using the pixel process
On this website we use the "Facebook pixel" from Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA ("Facebook?). If you have given your express consent, the behavior of users can be tracked after this have seen or clicked on a Facebook ad. This procedure is used to evaluate the effectiveness of Facebook advertisements for statistical and market research purposes and can help to optimize future advertising measures. The data collected is anonymous to us, so we cannot draw any conclusions about the identity of the user. However, data is stored and processed by Facebook so that a connection to the respective user profile is possible and Facebook can use the data for its own advertising purposes in accordance with the Facebook data usage guidelines (https://www.facebook.com/about/privacy/).
11. Tools and Miscellaneous
11.1 Google reCAPTCHA
We use the reCAPTCHA function from Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google") in accordance with Article 6 (1) (f) GDPR due to our legitimate interest in avoiding abuse and spam .
reCAPTCHA is a function intended to ensure that an input is made by a natural person.
The service will send your IP address and any additional data Google may need for the reCAPTCHA service to Google.
When using the Google reCAPTCHA, it may also transfer your personal information to the servers of Google LLC. come in the US.
11.2 Google Maps
We use "Google Maps" (API) from Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google").
Google Maps is used to display interactive maps and to create directions. By using Google Maps, information about the use of this website, including your IP address and the (start) address entered as part of the route planner function, can be transmitted to Google. When you call up a page on our website that contains Google Maps, your browser establishes a direct connection to the Google servers. The content of the map is sent directly from Google to your browser, which integrates it into the website. We therefore have no influence on the amount of data that Google collects in this way. According to our level of knowledge, this is at least the following data:
? The date and time of your visit to the website concerned,
? Internet address or URL of the website called up,
? IP address, (start) address entered as part of route planning.
We have no influence on the further processing and use of the data by Google and therefore cannot accept any responsibility for this. If you are logged in to Google, your data will be assigned directly to your Google account. If you do not want this assignment, you have to log out of Google. Google saves your data (including users who are not logged in) as usage profiles and evaluates them. Such an evaluation is carried out in accordance with Article 6 (1) (f) GDPR on the basis of Google's legitimate interests in displaying personalized advertising, market research and / or the needs-based design of its website. You have the right to object to the creation of these user profiles, which you must assert on Google.
Further information on data protection can be found here:
12. Rights of the data subject
12.1 The applicable data protection law grants you comprehensive rights of data subjects (rights of information and intervention) vis-à-vis the person responsible with regard to the processing of your personal data, about which we inform you below:
- Right to information according to Art. 15 GDPR:
You can request confirmation from the person responsible as to whether personal data relating to you is being processed by the person responsible. In addition, you have the right to information about the purpose, the categories of personal data, the recipients, the planned duration of storage and the existence of other rights such as correction of the data or the existence of a right of appeal to a supervisory authority, the origin of your data, if these were not collected by us, the existence of automated decision-making including profiling and, if necessary, meaningful information about the logic involved and the scope and the intended effects of such processing, as well as your right to be informed about the guarantees in accordance with Art. 46 GDPR Forwarding of your data to third countries exist;
- Right to correction in accordance with Art. 16 GDPR:
You have the right to immediate correction of incorrect data concerning you and / or completion of your incomplete data stored by us; the correction or completion must be made immediately.
- Right to restriction of processing in accordance with Art. 18 GDPR:
You have the right to request that your personal data be restricted as long as the accuracy of your data is disputed, if you refuse to delete your data for improper processing and instead request that your data be restricted when you process your information require us to assert, exercise or defend legal claims after we no longer require such data for purposes of our purpose or if you have filed an objection based on your particular situation, as long as it is not certain that our legitimate reasons prevail;
Has the processing of your personal data been restricted, may this data be used? apart from their storage? will only be processed with your consent or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons of an important public interest of the Union or a member state. If the processing restriction has been restricted, you will be informed by the person responsible before the restriction is lifted.
- Right to erasure in accordance with Art. 17 GDPR:
You have the right to the immediate deletion of your personal data if the requirements of Art. 17 Para. 1 GDPR are met. However, this right to erasure does not exist in particular - not conclusively - if the processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims
- Right to information in accordance with Art. 19 GDPR:
If you have exercised your right to rectify, erase or limit processing, the controller is required to notify all recipients to whom your personal information has been disclosed this rectification or deletion of the data or limitation of processing, unless this is impossible or disproportionate Effort is connected. You also have the right to be informed about these recipients.
- Right to data portability in accordance with Art. 20 GDPR:
You have the right to receive your personal data communicated to us in a structured, common and machine-readable format or to request the transmission to another person responsible, as far as this is technically possible;
- Right of revocation according to Art. 7 Para. 3 GDPR:
You have the right at any time against the processing of personal data concerning you, which pursuant to Art. 6 para. 1 lit. e) or f) GDPR, objection is lodged; this also applies to profiling based on these provisions.
You also have the right to revoke your data protection declaration of consent at any time with effect for the future. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.
- Right to complain in accordance with Art. 77 GDPR:
Without prejudice to any other administrative or judicial remedy, you shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of its residence, place of work or place of alleged infringement, if you believe that the processing of personal data concerning you is against the DSGVO violates.
12.2 Right of objection
You have the right to object to the processing of your data at any time with effect for the future, if we process your data due to our overriding legitimate interest after a balance of interests.
If you make use of this right of objection, we will terminate the processing of your data unless it is demonstrable that there are overriding compelling legitimate reasons for the termination or if further processing serves to exercise or defend legal claims.
13. Duration of storage of personal data
The duration of the storage of personal data depends on statutory retention periods. After their expiry, we routinely delete the data if it is no longer required to complete or initiate a contract and / or if there is no legitimate interest in the re-storage.