Data Protection Declaration
1) Information on the Collection of Personal Data and Contact Details of the Controller
1.1 We are pleased that you are visiting our website and thank you for your interest. On the following pages, we inform you about the handling of your personal data when using our website. Personal data is all data with which you can be personally identified.
1.2 The controller in charge of data processing on this website, within the meaning of the General Data Protection Regulation (GDPR), is MEGATECH communication GmbH, Gewerbepark Leutzing 5+7, 94508 Schöllnach, Germany, Phone.: +49 9903 9324-0, Fax: +49 9903 9324-200, e-mail:
1.3 The controller has designated a data protection officer for this website. He can be reached as follows: "Christian Bößl, Reitmeierfeld 23, 94099 Ruhstorf an der Rott, Germany, +498531 978447-0,
2) Data Collection When You Visit Our Website
2.1 When using our website for information only, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to our server (so-called "server log files"). When you visit our website, we collect the following data that is technically necessary for us to display the website to you:
- Our visited website
- Date and time at the moment of access
- Amount of data sent in bytes
- Source/reference from which you came to the page
- Browser used
- Operating system used
- IP address used (if applicable: in anonymized form)
Data processing is carried out in accordance with Art. 6 (1) point f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files subsequently, if there are any concrete indications of illegal use.
2.2 This website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or inquiries to the controller). You can recognize an encrypted connection by the character string https:// and the lock symbol in your browser line.
3) Hosting & Content Delivery Network
For the hosting of our website and the presentation of the page content, we use a provider that provides its services itself or through selected subcontractors exclusively on servers within the European Union.
All data collected on our website is processed on these servers.
We have concluded an order processing contract with the provider, which ensures the protection of the data of our website visitors and prohibits unauthorised disclosure to third parties.
4) Cookies
In order to make your visit to our website more attractive and to enable the use of certain functions, we use cookies, i.e. small text files that are stored on your end device. In some cases, these cookies are automatically deleted again after the browser is closed (so-called "session cookies"), in other cases, these cookies remain on your end device for longer and allow page settings to be saved (so-called "persistent cookies"). In the latter case, you can find the duration of the storage in the overview of the cookie settings of your web browser.
If personal data is also processed by individual cookies set by us, the processing is carried out either in accordance with Art. 6 (1) point b GDPR for the performance of the contract, in accordance with Art. 6 (1) point a GDPR in the case of consent given or in accordance with Art. 6 (1) point f GDPR to safeguard our legitimate interests in the best possible functionality of the website as well as a customer-friendly and effective design of the page visit.
You can set your browser in such a way that you are informed about the setting of cookies and you can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or in general.
Please note that the functionality of our website may be limited if cookies are not accepted.
5) Contacting Us
When you contact us (e.g. via contact form or e-mail), personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of responding to your request or for establishing contact and for the associated technical administration.
The legal basis for processing data is our legitimate interest in responding to your request in accordance with Art. 6 (1) point f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 (1) point b GDPR. Your data will be deleted after final processing of your enquiry; this is the case if it can be inferred from the circumstances that the facts in question have been finally clarified, provided there are no legal storage obligations to the contrary.
6) Registration at the portal or forum
You can register on our website by entering your personal data. The personal data processed for registration is determined by the input mask used for registration. We use the so-called double opt-in procedure for registration, i.e. your registration is not complete until you have previously confirmed your registration via a confirmation e-mail sent to you for this purpose by clicking on the link contained therein. If you do not receive confirmation within 24 hours, your registration will automatically be deleted from our database. You are obliged to provide the aforementioned data; all further information can be provided voluntarily by using our portal.
If you use our portal, we store your data necessary for the fulfillment of the contract as well as, if necessary, information on the method of payment, until you finally delete your access. Furthermore, we store the data provided voluntarily by you for the duration of your use of the portal, unless you delete it beforehand. You can manage and change all information in the protected customer area. The legal basis can be found in Art. 6 (1) point f GDPR.
In addition, we store all content published by you (such as public contributions, bulletin board entries, guestbook entries, etc.) to operate the website. We have a legitimate interest in providing the website and the complete user-generated content. The legal basis can be found in Art. 6 (1) point f GDPR. If you delete your account, your public statements, especially in the forum, will remain visible to all readers. However, your account is no longer accessible. All other data will be deleted in this case.
7) Use of Client Data for Direct Advertising
7.1 Subscribe to our e-mail newsletter
If you register for our e-mail newsletter, we will regularly send you information about our offers. The only mandatory data for sending the newsletter is your e-mail address. The provision of further data is voluntary and will be used to address you personally. We use the so-called double opt-in procedure for sending the newsletter. This means that we will only send you an e-mail newsletter once you have expressly confirmed that you consent to receiving newsletters. We will then send you a confirmation e-mail asking you to confirm that you wish to receive the newsletter in future by clicking on an appropriate link.
By activating the confirmation link, you give us your consent for the use of your personal data pursuant to Art. 6 (1) point a GPPR. When you register for the newsletter, we store your IP address entered by your Internet service provider (ISP) as well as the date and time of registration for the purpose of tracing any possible misuse of your e-mail address at a later date. The data collected by us when you register for the newsletter is used exclusively for the promotional purposes by way of the newsletter. You can unsubscribe from the newsletter at any time via the link provided for this purpose in the newsletter or by sending a corresponding message to the responsible person named at the beginning. After unsubscribing, your e-mail address will be deleted from our newsletter distribution list immediately, unless you have expressly consented to further use of your data, or we reserve the right to a more extensive use your data which is permitted by law and about which we inform you in this declaration.
7.2 GetResponse
Our e-mail newsletters are sent via this provider: GetResponse Sp. z o.o., Arkonska 6, A3, Gdansk (80-387), Poland
On the basis of our legitimate interest in effective and user-friendly newsletter marketing, we pass on the data you provided when registering for the newsletter to this provider in accordance with Art. 6 (1) point f GDPR so that they can send the newsletter on our behalf.
Subject to your express consent pursuant to Art. 6 (1) point a GDPR, the provider also carries out a statistical analysis of the success of newsletter campaigns by means of web beacons or tracking pixels in the emails sent, which can measure opening rates and specific interactions with the newsletter content. In the process, end device information (e.g. time of page view, IP address, browser type and operating system) is also collected and analysed, but not combined with other data records.
You can revoke your consent to newsletter tracking at any time with effect for the future.
We have concluded an order processing agreement with the provider, which safeguards the data of our website visitors and prohibits a transfer to third parties.
8) Web Analysis Services
8.1 Google Analytics 4
This website uses Google Analytics 4, a service provided by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"), which can be used to analyze the use of websites.
When you access this website, no cookies (text files that are stored on your terminal device and that enable an analysis of your use of the website) are used by default as part of the so-called consent mode (beta version) of Google Analytics 4, unless you expressly consent to the setting of cookies and the reading of information from cookies after a corresponding request. Until such consent is given, if any, and - if you expressly refuse to give such consent when requested to do so by us - no cookies will be set or read by Google Analytics 4 during your continued use of this website. Instead, certain information about your usage behavior is collected and processed with so-called "pings".
The information collected in this case by so-called pings about your use of the website (including the IP address transmitted by your terminal device, shortened by the last digits, see below) is usually transmitted to a Google server and stored and further processed there. This may also result in the transmission of information to the servers of Google LLC, which is based in the USA, and further processing there. If you expressly consent to the use of cookies, the same applies to the information collected by cookies about your use of the website.
When using Google Analytics 4, the IP address transmitted by your terminal device when you use the website is always collected and processed by default and automatically only in an anonymized manner, so that a direct personal reference of the collected information is excluded. This automatic anonymization is carried out by shortening the IP address transmitted by your terminal device by Google within member states of the European Union (EU) or other contracting states of the Agreement on the European Economic Area (EEA) by the last digits.
On our behalf, Google uses this and other information to evaluate your use of the website, to compile reports (reports) on your website activities or your usage behavior and to provide us with other services related to your website usage and internet usage. In this context, the IP address transmitted and shortened by your terminal device within the scope of Google Analytics 4 will not be merged with other data from Google. The data collected in the context of the use of Google Analytics 4 will be retained for 2 months and then deleted.
Google Analytics 4 also enables the creation of statistics with statements about age, gender and interests of website users on the basis of an evaluation of interest-based advertising and with the involvement of third-party information via a special function, the so-called "demographic characteristics". This makes it possible to determine and distinguish user groups of the website for the purpose of targeting marketing measures. However, data collected via the "demographic characteristics" cannot be assigned to a specific person and thus not to you personally. This data collected via the "demographic characteristics" function is retained for two months and then deleted.
All of the processing described above, including data transfers via "pings" and the possible setting of Google Analytics cookies for the storage and possible reading of information on the terminal device used by you for the use of the website, will only take place if you have given us your express consent for this in accordance with Art. 6 para. 1 letter a GDPR. Without your consent, the analysis of your use of the website will not take place.
You can revoke your consent once given at any time with effect for the future. To exercise your revocation, please deactivate this service via the "cookie consent tool" provided on the website.
Google Signals
On this website, the "Google Signals" service can also be used as an extension of Google Analytics 4. With Google Signals, cross-device reports can be created by Google (so-called "cross-device tracking"). If you have activated "personalised ads" in your Google account settings and you have linked your internet-enabled devices to your Google account, Google can analyse user behaviour across devices and create database models based on this, provided you have given your consent to the use of Google Analytics in accordance with Art. 6 Para. 1 letter a GDPR (see above). The logins and device types of all page visitors who were logged into a Google account and performed a conversion are taken into account. The data shows, among other things, on which device you first clicked on an ad and on which device the associated conversion took place. Insofar as Google Signals is used, we do not receive any personal data from Google, but only statistics compiled on the basis of Google Signals. You have the option of deactivating the "personalised ads" function in the settings of your Google account and thus turning off the cross-device analysis. To do this, follow the instructions on this page: https://support.google.com
Further information can be found here: https://support.google.com
UserIDs
As an extension of Google Analytics 4, the "UserIDs" function can also be used on this website. By assigning individual UserIDs, we can have Google create cross-device reports (so-called "cross-device tracking"). This means that your usage behaviour can also be analysed across devices if you have given your corresponding consent to the use of Google Analytics in accordance with Art. 6 Para. 1 letter a GDPR, if you have set up a personal account by registering on this website and are logged into your personal account on different end devices with your relevant login data. The data collected in this way shows, among other things, on which end device you clicked on an ad for the first time and on which end device the relevant conversion took place.
We have concluded a so-called data processing agreement with Google for our use of Google Analytics 4, by which Google is obliged to protect the data of our website users and not to pass it on to third parties.
For data transfers to the USA, the provider participates in the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission.
Further legal information on Google Analytics 4 can be found here: https://policies.google.com
Details on the processing triggered by Google Analytics 4 and Google's handling of data from websites can be found here: https://policies.google.com
8.2 This website uses the "Google Tag Manager", a service of Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (hereinafter: "Google").
The Google Tag Manager provides a technical basis for bundling various web applications, including tracking and analysis services, and for calibrating, controlling and attaching conditions to them via a uniform user interface.
Google Tag Manager itself does not store any information on user end devices or read them. The service also does not perform any independent data analyses.
However, the Google Tag Manager transmits your IP address to Google when you visit a page and may store it there. Also a transmission to servers of Google LLC in the USA is possible.
All processing described above, in particular the reading or saving of information on the end device used, is only carried out if you have given us your express consent in accordance with Art. 6 (1) point a GDPR. You can revoke your consent at any time with effect for the future by deactivating this service in the "cookie consent tool" provided on the website.
We have concluded an order processing agreement with the provider, which ensures the protection of our website visitors' data and prohibits unauthorised disclosure to third parties.
Further information on Google's privacy standards can be found here: https://business.safety.google
For data transfers to the USA, the provider participates in the EU-US Data Privacy Framework, which ensures compliance with the European level of data protection on the basis of an adequacy decision by the European Commission.
9) Tools and Miscellaneous
This website uses a so-called "cookie consent tool" to obtain effective user consent for cookies and cookie-based applications that require consent. The "cookie consent tool" is displayed to users in the form of an interactive user interface when they access the page, on which consent for certain cookies and/or cookie-based applications can be given by ticking the appropriate box. Through the use of the tool, all cookies/services requiring consent are only loaded if the respective user provides the corresponding consent by ticking the corresponding box. This ensures that such cookies are only set on the respective end device of the user if consent has been granted.
The tool sets technically necessary cookies to save your cookie preferences. Personal user data is generally not processed.
If, in individual cases, personal data (such as the IP address) is processed for the purpose of storing, assigning or logging cookie settings, this is done in accordance with Art. 6 (1) point f GDPR on the basis of our legitimate interest in legally compliant, user-specific and user-friendly consent management for cookies and thus in a legally compliant design of our website.
Further legal basis for the processing is Art. 6 (1) point c GDPR. As the responsible party, we are subject to the legal obligation to make the use of technically unnecessary cookies dependent on the respective user consent.
Further information on the operator and the setting options of the cookie consent tool can be found directly in the corresponding user interface on our website.
10) Rights of the Data Subject
10.1 The applicable data protection law grants you the following comprehensive rights of data subjects (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data:
- Right of access by the data subject pursuant to Art. 15 GDPR;
- Right to rectification pursuant to Art. 16 GDPR;
- Right to erasure (“right to be forgotten”) pursuant to Art. 17 GDPR;
- Right to restriction of processing pursuant to Art. 18 GDPR;
- Right to be informed pursuant to Art. 19 GDPR;
- Right to data portability pursuant to Art. 20 GDPR;
- Right to withdraw a given consent pursuant to Art. 7 (3) GDPR;
- Right to lodge a complaint pursuant to Art. 77 GDPR.
10.2 RIGHT TO OBJECT
IF, WITHIN THE FRAMEWORK OF A CONSIDERATION OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON THE GROUNDS THAT ARISE FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING REASONS WORTHY OF PROTECTION FOR PROCESSING WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA WHICH ARE USED FOR DIRECT MARKETING PURPOSES. YOU MAY EXERCISE THE OBJECTION AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.
11) Duration of Storage of Personal Data
The duration of the storage of personal data is based on the respective legal basis, the purpose of processing and - if relevant – on the respective legal retention period (e.g. commercial and tax retention periods).
If personal data is processed on the basis of an express consent pursuant to Art. 6 (1) point a GDPR, this data is stored until the data subject revokes his consent.
If there are legal storage periods for data that is processed within the framework of legal or similar obligations on the basis of Art. 6 (1) point b GDPR, this data will be routinely deleted after expiry of the storage periods if it is no longer necessary for the fulfillment of the contract or the initiation of the contract and/or if we no longer have a justified interest in further storage.
When processing personal data on the basis of Art. 6 (1) point f GDPR, this data is stored until the data subject exercises his right of objection in accordance with Art. 21 (1) GDPR, unless we can provide compelling grounds for processing worthy of protection which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
If personal data is processed for the purpose of direct marketing on the basis of Art. 6 (1) point f GDPR, this data is stored until the data subject exercises his right of objection pursuant to Art. 21 (2) GDPR.
Unless otherwise stated in the information contained in this declaration on specific processing situations, stored personal data will be deleted if it is no longer necessary for the purposes for which it was collected or otherwise processed.
MEGATECH communication GmbH
Gewerbepark Leutzing 5+7
94508 Schöllnach
Germany
Phone.: +49 9903 9324-0
Fax: +49 9903 9324-200
E-mail:
Managing Director: Rigobert Kühn
Register court: Deggendorf Local Court
Register number: HRB 2315
Sales tax identification number: DE 166738075
Platform of the EU Commission for online dispute resolution: https://ec.europa.eu/odr
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Responsible party within the meaning of § 18 para. 2 MStV: Rigobert Kühn, Gewerbepark Leutzing 5+7, 94508 Schöllnach, Germany
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as ‘GTC’) of the company MEGATECH communication GmbH (hereinafter referred to as ‘Seller’) shall apply to all contracts concluded between a trader (hereinafter referred to as ‘Client’) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These GTC shall also apply exclusively if the Seller carries out the delivery to the Customer without special reservation in the knowledge that the Customer's terms and conditions conflict with or deviate from these GTC.
1.3 These GTC apply accordingly to contracts for the provision of digital content, unless expressly stipulated otherwise.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.
1.5 Entrepreneurs within the meaning of these GTC are also public authorities or other organisations under public law if they act exclusively under private law when concluding the contract.
2) Conclusion of contract
2.1 The product descriptions presented in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods and/or services in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail, fax, post or telephone.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the order has been placed, or
- if payment by direct debit is offered and the customer opts for this payment method, by collecting the total price from the customer's bank account, whereby the time at which the customer's account is debited is decisive in this respect.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: ‘PayPal’), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
2.5 When submitting an offer via the seller's online order form, the text of the contract is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. email, fax or letter) after the customer's order has been sent. The seller will not make the text of the contract available beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data is archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.
2.6 Before placing a binding order via the seller's online order form, the customer can recognise possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognising input errors can be the browser's magnification function, which enlarges the display on the screen. Customers can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that finalises the ordering process.
2.7 Only the German and English languages are available for the conclusion of the contract.
2.8 Orders are generally processed and contact established by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
2.9 If the parties have agreed special conditions, these shall not apply to current and future contractual relationships with the customer.
2.10 If the customer is financially unable to fulfil its obligations to the seller, the seller may terminate existing exchange contracts with the customer without notice by withdrawing from the contract. This also applies if the customer files for insolvency. § Section 321 BGB and Section 112 InsO remain unaffected. The customer shall inform the seller in good time in writing of any impending insolvency.
3) Prices and terms of payment
3.1 Unless otherwise stated in the seller's product description, the prices quoted are net prices plus statutory VAT. Packaging and shipping costs, loading, insurance (in particular transport insurance), customs duties and taxes may be charged separately.
3.2 For deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
3.3 Various payment options are available to the customer, which are specified in the seller's online shop.
3.4 If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed a later due date.
3.5 If a payment method offered via the ‘PayPal’ payment service is selected, the payment shall be processed via PayPal, whereby PayPal may also use the services of third party payment service providers for this purpose. If the seller also offers payment methods via PayPal for which he makes advance payments to the customer (e.g. purchase on account or payment by instalments), he assigns his payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative check result. If the selected payment method is authorised, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only pay PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer enquiries, e.g. regarding goods, delivery time, dispatch, returns, complaints, declarations of cancellation and returns or credit notes.
3.6 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
3.7 If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for advance information has expired. The direct debit will be collected when the ordered goods leave the seller's warehouse, but not before the deadline for the pre-notification has expired. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer that announces a debit by SEPA direct debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit although he is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if he is responsible for this.
3.8 A payment shall be deemed to have been received as soon as the equivalent value has been credited to one of the seller's accounts. In the event of default of payment, the seller shall be entitled to default interest in the amount of 10 percentage points above the respective base interest rate. The seller's other statutory rights in the event of default in payment by the customer shall remain unaffected by this. If claims are overdue, incoming payments shall first be offset against any costs and interest and then against the oldest claim.
3.9 Should unforeseeable cost increases occur (e.g. currency fluctuations, unexpected price increases by suppliers, etc.), the seller is entitled to pass on the price increase to the customer. However, this shall only apply if the delivery is agreed to be made later than four months after the conclusion of the contract.
4) Delivery and shipping conditions
4.1 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the customer. The delivery address specified in the seller's order processing is decisive for the processing of the transaction.
4.2 Goods delivered by a forwarding agent are delivered ‘free kerbside’, i.e. to the public kerbside nearest to the delivery address, unless otherwise stated in the shipping information in the seller's online shop and unless otherwise agreed.
4.3 The seller is authorised to make partial deliveries insofar as this is reasonable for the customer. In the case of permissible partial deliveries, the Seller shall also be entitled to issue partial invoices.
4.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
4.5 The risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the carrier, freight forwarder or other person or organisation designated to carry out the shipment. This also applies if the seller bears the costs of transport. Transport insurance shall only be taken out at the special request and for the account of the customer.
4.6 If a delivery is not possible for reasons for which the customer is responsible, e.g. because the goods do not fit through the customer's front door, front door or staircase, or because the customer is not found at the delivery address specified by him, although the customer was given reasonable notice of the delivery time, the customer shall bear the costs of the unsuccessful delivery and shall be obliged to pay a lump-sum compensation for delay. This shall amount to 1% for each full week of delay, but in total no more than 8% of the value of the total delivery or the unaccepted part of the total delivery. The parties are at liberty to prove higher or lower damages.
4.7 In the event that the dispatch of the goods to the customer is delayed for reasons for which the customer is responsible, the transfer of risk shall take place upon notification of readiness for dispatch to the customer. Any storage costs incurred after the transfer of risk shall be borne by the customer.
4.8 In the case of self-collection, the seller first informs the customer by e-mail that the goods ordered by him are ready for collection. After receiving this e-mail, the customer can collect the goods by arrangement with the seller. In this case, no shipping costs will be charged.
4.9 Digital content is provided to the customer exclusively in electronic form as follows:
- by e-mail
5) Granting of usage rights for digital content
5.1 Unless otherwise stated in the content description in the seller's online shop, the seller grants the customer the non-exclusive right to use the content provided for business purposes without restriction in terms of location or time.
5.2 The transfer of content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the seller has consented to the transfer of the contractual licence to the third party.
5.3 The granting of rights shall only become effective once the customer has paid the remuneration owed in full. The seller may provisionally authorise the use of the contractual content even before this point in time. Such provisional authorisation does not constitute a transfer of rights.
6) Force majeure
In the event of force majeure affecting the fulfilment of the contract, the Seller shall be entitled to postpone the delivery for the duration of the hindrance and, in the event of longer-term delays, to withdraw from the contract in whole or in part, without any claims against the Seller being able to be derived from this. Force majeure shall be deemed to be all events that are unforeseeable for the Seller or events that - even if they were foreseeable - are beyond the Seller's control and whose effect on the fulfilment of the contract cannot be prevented by reasonable efforts on the part of the Seller. Any statutory claims of the customer remain unaffected.
7) Delay in performance at the customer's request
If dispatch or delivery of the goods is delayed at the customer's request by more than one month after notification of readiness for dispatch, the customer may be charged a storage fee of 0.5% of the purchase price for each additional month or part thereof, up to a maximum of 5% of the purchase price. The contracting parties are at liberty to provide evidence of higher or lower damages.
8) Retention of title
8.1 The seller retains ownership of the delivered goods until the purchase price owed has been paid in full. Furthermore, the seller retains ownership of the delivered goods until all his claims arising from the business relationship with the customer have been fulfilled.
8.2 If the delivered goods are processed, the seller is deemed to be the manufacturer and acquires ownership of the newly created goods. If the processing is carried out together with other materials, the seller acquires ownership in the ratio of the invoice value of his goods to that of the other materials. If, in the case of the combination or mixing of the Seller's goods with an item belonging to the Customer, the latter is to be regarded as the main item, co-ownership of the item shall pass to the Seller in the ratio of the invoice value of the Seller's goods to the invoice value or, in the absence of such, to the market value of the main item. In such cases, the customer shall be deemed to be the custodian.
8.3 The customer may neither pledge nor assign by way of security items subject to retention of title or title reservation. The customer is only permitted to resell in the ordinary course of business as a reseller on condition that the customer has effectively assigned to the seller his claims against his purchasers in connection with the resale and the customer transfers ownership to his purchaser subject to payment. By concluding the contract, the customer assigns his claims in connection with such sales against his buyers to the seller as security, who accepts this assignment at the same time.
8.4 The customer must immediately notify the seller of any access to the goods owned or co-owned by the seller or to the assigned claims. He must immediately transfer to the seller any amounts assigned to the seller and collected by him, insofar as the seller's claim is due.
8.5 If the value of the Seller's security interests exceeds the amount of the secured claims by more than 10%, the Seller shall release a corresponding portion of the security interests at the Customer's request.
9) Liability for defects / warranty
If the purchased item is defective, the provisions of statutory liability for defects shall apply. Deviating from this applies:
9.1 Claims for defects shall not arise in the event of natural wear and tear or damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive use, unsuitable operating materials or due to special external influences that are not provided for in the contract. If improper modifications or repair work are carried out by the customer or third parties, no claims for defects shall exist for these and the resulting consequences, unless the customer can prove that the fault complained of was not caused by these modifications or repair work.
9.2 In the case of new goods, the limitation period for claims for defects is one year from delivery of the goods. In the case of used goods, rights and claims for defects are excluded.
9.3 The aforementioned limitations of liability and shortening of the limitation period shall not apply
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect, and
- for the right of recourse according to § 445a BGB.
9.4 In the event of subsequent fulfilment, the seller has the right to choose between repair or replacement.
9.5 If a replacement delivery is made as part of the liability for defects, the limitation period shall not begin again.
9.6 If subsequent fulfilment has taken the form of a replacement delivery, the customer is obliged to return the goods first delivered to the seller within 30 days. The return parcel must contain the reason for the return, the customer's name and the number assigned for the purchase of the defective goods, which enables the seller to allocate the returned goods. As long as and insofar as it is not possible to allocate the returned goods for reasons for which the customer is responsible, the seller is not obliged to accept the returned goods or to refund the purchase price. The customer shall bear the costs of reshipment.
9.7 If the seller delivers a defect-free item for the purpose of subsequent fulfilment, the seller may claim compensation for use from the customer in accordance with Section 346 (1) BGB. Other statutory claims remain unaffected.
9.8 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he is subject to the commercial obligation to inspect and give notice of defects pursuant to § 377 HGB. If the customer fails to fulfil the notification obligations regulated therein, the goods shall be deemed approved.
10) Liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
10.1 The Seller shall be liable without limitation for any legal reason
- in the event of wilful intent or gross negligence,
- in the event of wilful or negligent injury to life, limb or health,
- on the basis of a guarantee promise, unless otherwise regulated in this respect,
- due to mandatory liability such as under the Product Liability Act.
10.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless unlimited liability applies in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.
10.3 Any further liability of the seller is excluded.
10.4 The above liability provisions shall also apply with regard to the liability of the Seller for its vicarious agents and legal representatives.
11) Statute of limitations
Claims of the customer against the seller shall become time-barred - with the exception of the claims regulated under the item ‘Liability for defects / Warranty’ - one year after knowledge of the facts giving rise to the claim, but no later than five years after performance of the service, unless unlimited liability applies in accordance with the above clause.
12) Retention, assignment
12.1 The customer's rights of retention and rights to refuse performance are excluded, unless the seller does not dispute the underlying counterclaims or these have been legally established.
12.2 An assignment of claims arising from the contract concluded with the customer by the customer, in particular an assignment of any claims for defects by the customer, is excluded.
13) Special conditions for the processing of goods according to specific customer specifications
13.1 The customer shall indemnify the seller against claims by third parties which they may assert against the seller in connection with an infringement of their rights through the contractual use of the customer's content by the seller. The customer shall also assume the necessary costs of legal defence, including all court and legal fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defence.
13.2 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.
14) Applicable law, place of jurisdiction
14.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international purchase of movable goods.
14.2 If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.