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• 01
Legal aspects
LEGAL ASPECTS GENERAL TERMS AND CONDITIONS OF SALE OF XELAG
1. GENERAL, SCOPE
1.1 Our terms of sale apply exclusively; we do not recognize the customer's terms and conditions that contradict or deviate from our terms of sale; unless we have expressly agreed in writing to their validity. Our terms of sale also apply if we carry out the delivery to the customer without reservation in the knowledge of the customer's conditions that conflict with or deviate from our terms of sale.
1.2 Individual agreements made with the customer in individual cases (including ancillary agreements, additions and changes) shall in any case take precedence over these terms of sale. A written contract or our written confirmation is decisive for the content of such agreements.
1.3 Our terms of sale only apply to entrepreneurs (§ 14 BGB), legal persons under public law or special funds under public law.
1.4 Our terms and conditions of sale in their respective version also apply as a framework agreement for future contracts for the sale and/or delivery of movable property with the same customer, without us having to refer to them again in each individual case.
2. CONCLUSION OF CONTRACT
2.1 Our offers are subject to change and non-binding.
2.2 If the customer's order is to be qualified as a binding contract offer in accordance with § 145 BGB, we can accept it within 2 weeks of its receipt.
2.3 The acceptance can be declared either in writing (e.g. by order confirmation) or by delivery of the goods to the customer.
2.4 We reserve property rights and copyrights to illustrations, drawings, calculations and other documents. This also applies to written documents that are designated as "trustful". Before passing it on to third parties, the customer requires our express written consent.
3. DELIVERY, DANGER TRANSFER
3.1 Unless otherwise stated in the order confirmation, delivery "en-works" is agreed. At the request and expense of the customer, the goods will be shipped to another destination (shipment purchase). Unless otherwise agreed, we are entitled to determine the type of shipment (in particular transport company, shipping route, packaging) ourselves.
3.2 Separate agreements apply to the return of packaging.
3.3 The risk of accidental loss and accidental deterioration of the goods passes to the customer at the latest with the handover, in the case of mail-in purchase (section 3.1) with the delivery of the goods to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment.
3.4 If the customer is in default of acceptance, if he culpably violates other obligations to cooperate or if our delivery is delayed for other reasons for which the customer is responsible, we are entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. Further claims or rights are reserved.
3.5 If the conditions of section 3.4 are met, the risk of accidental loss or accidental deterioration of the goods passes to the customer at the time when he is in default of acceptance or debtor.
4. DELIVERY TIME, DELAY IN DELIVERY
4.1 The delivery time is agreed individually or specified by us in the order confirmation. The start of the delivery time requires the clarification of all technical questions.
4.2 Compliance with our delivery obligation further presupposes the timely and proper fulfillment of all obligations of the customer. The objection of the unfulfilled contract is reserved.
4.3 The occurrence of our delay in delivery is determined by the statutory provisions. In any case, however, a reminder from the customer is required.
5. PRICES AND TERMS OF PAYMENT
5.1 Unless otherwise stated in the order confirmation, our prices apply "en-works", excluding packaging; this will be invoiced separately. The statutory value added tax is not included in our prices; it is shown separately in the invoice in the statutory amount on the day of invoicing.
5.2 In the case of mail-in purchase (section 3.1), the customer bears the transport costs from stock. If the customer wishes, we will cover the delivery through transport insurance; the costs incurred in this respect are borne by the customer. Any customs duties, fees, taxes and other public charges shall be borne by the customer.
5.3 Unless otherwise expressly agreed, the entire invoice amount (without deduction) is due within 14 days from invoicing and delivery or Acceptance of the goods by the customer due for payment. The legal rules regarding the consequences of late payment apply.
5.4 The deduction of cash discount requires a special written agreement.
5.5 The customer is only entitled to set-off rights if his counterclaims are legally established, undisputed or recognized by us. In addition, he is authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
6. RESERVATION OF TITLE
6.1 Until full payment of all our current and future claims from the supply contract and a current business relationship (the "secured claims"), we reserve the right to own the goods sold.
6.2 The customer is obliged to treat the goods subject to retention of title (the "reserved goods") with care; in particular, he is obliged to insure them sufficiently at new value at his own expense against fire, water and theft damage. If maintenance and inspection work is required, the customer must carry it out in good time at his own expense.
6.3 The reserved goods may neither be pledged to third parties nor transferred as security before full payment of the secured claims. In order for us to be able to bring an action in accordance with § 771 ZPO, the customer must immediately notify us in writing if and to the extent that third parties access the reserved goods belonging to us. Insofar as the third party is not able to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with § 771 ZPO, the customer is liable for the failure incurred by us.
6.4 In the event of breach of contract by the customer, in particular in the event of non-payment of the purchase price due, we are entitled to withdraw from the contract in accordance with the statutory provisions and/or to demand the reserved goods on the basis of retention of title. The request for surrender does not also include the declaration of withdrawal; rather, we are entitled only to demand the goods out and reserve the right of withdrawal. After the return of the goods, we are authorized to exploit them, the proceeds of exploitation are to be credited to the liabilities of the customer - minus reasonable exploitation costs.
6.5 The customer is entitled to resell the reserved goods in the ordinary course of business. However, he already assigns to us all claims in the amount of the outstanding final invoice amount (including the statutory value added tax) that accrue to him from the resale against his customers or third parties. The customer remains authorized to collect these claims even after the assignment. Our authority to collect the claims ourselves remains unaffected by this; however, we undertake not to collect the claims as long as the customer meets his payment obligations to us and is not in default of payment. However, if this is the case, we can demand that the customer announces the assigned claims and their debtors, provides all information necessary for collection, hands over the corresponding documents and informs the debtors (third parties) of the assignment.
6.6 We undertake to release the securities to which we are entitled at the request of the customer to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released is incumbent on us.
7. LIABILITY FOR DEFECTS
7.1 Claims for defects of the customer presuppose that he has properly complied with his examination and complaint obligations owed in accordance with § 377 HGB. An examination and a subsequent complaint must be carried out within two weeks of receipt of the goods at the latest. If the customer fails to report the defect specified above, our liability for the defect not reported is excluded.
7.2 If the delivered goods are defective or are missing their assured
properties, we will perform the supplementary performance at our discretion by remedying the defect (repair) or by delivering a defect-free product (replacement delivery) within a reasonable period of time. The customer must give us the time and opportunity necessary for subsequent performance, in particular to hand over the complained goods for inspection purposes. We bear the expenses required for the purpose of supplementary performance, in particular transport, travel, labor and material costs, insofar as these are not increased by the fact that the goods were moved to a place other than the place of performance. In the case of a replacement delivery, the customer must return the defective item to us.
7.3 We are entitled to make the subsequent performance owed dependent on the customer paying the purchase price due. However, the customer can withhold a reasonable part of the purchase price in relation to the defect.
7.4 In urgent cases, e.g. in the event of a threat to operational safety or to ward off disproportionate damage, or with
with our consent, the customer has the right to remedy the defect himself and to demand reimbursement from us for the objectively necessary expenses. We must be notified of such a self-madertion immediately, if possible in advance. The right of self-performance does not exist if we would be entitled to refuse a corresponding supplementary performance in accordance with the statutory provisions.
7.5 If the supplementary performance has failed or one for the
If the deadline to be set by the customer has expired unsuccessfully or is experable according to the statutory provisions, the customer can withdraw from the purchase contract or reduce the purchase price. However, there is no right of withdrawal in the event of an insignificant defect.
7.6 Claims of the customer for damages or Reimbursement of futile expenses only exist in accordance with section 8, otherwise they are excluded.
8. OTHER LIABILITY
8.1 Insofar as these terms of sale including the
If the following provisions do not otherwise stand, we are liable for a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.
8.2 We are liable for damages - regardless of the legal reason - in the event of intent and gross negligence. In the case of simple negligence, we are only liable
- for damages resulting from injury to life, body or health,
- for damages resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly trusts and may rely); in this case, however, our liability is limited to the compensation of the foreseeable, typically occurring damage.
8.3 The limitations of liability resulting from section 8.2 do not apply if we have fraudulently concealed a defect or assumed a guarantee for the quality of the goods. The same applies to claims of the customer under the Product Liability Act.
8.4 The limitations according to section 8.2 also apply insofar as the customer demands compensation for futile expenses instead of a claim for compensation for the damage instead of the performance.
8.5 A further liability for damages than provided for in paragraphs 8.1 to 8.3 is excluded - regardless of the legal nature of the asserted claim. This applies in particular to claims for damages arising from fault at the conclusion of the contract, for other breaches of duty or due to criminal claims for compensation for property damage in accordance with § 823 BGB.
8.6 Insofar as liability for damages is excluded or limited to us, this also applies with regard to the personal liability for damages of our employees, employees, employees, representatives and vicarious agents.
8.7 Due to a breach of duty that does not consist of a defect, the customer can only withdraw or terminate if we are responsible for the breach of duty. In all other respects, the legal requirements and legal consequences apply.
9. LIMITATION PERIOD
9.1 The general limitation period for claims for defects is 12 months, calculated from the transfer of risk.
9.2 The limitation period in the event of a delivery recourse according to §§ 478, 479 BGB, for real surrender claims of third parties (§ 438 para. 1 no. 1 BGB) as well as for the claims for damages mentioned in sections 8.2 and 8.3 remains unaffected. In these and other cases, only the statutory limitation provisions apply.
10. PLACE OF PERFORMANCE, CHOICE OF LAW, PLACE OF JURISDICTION
10.1 Unless otherwise stated in the order confirmation, our place of business is the place of performance.
10.2 The law of the Federal Republic of Germany applies to these terms of sale and all legal relationships between us and the customer; the validity of the UN Convention on Contracts for the International Sale of Goods is excluded.
10.3 If the customer is a merchant within the meaning of the Commercial Code, the exclusive - also international - place of jurisdiction for all disputes arising directly and indirectly from the contractual relationship is our registered office in Hamburg. However, we are also entitled to sue the customer at his place of jurisdiction.
1. GENERAL, SCOPE
1.1 Our terms of sale apply exclusively; we do not recognize the customer's terms and conditions that contradict or deviate from our terms of sale; unless we have expressly agreed in writing to their validity. Our terms of sale also apply if we carry out the delivery to the customer without reservation in the knowledge of the customer's conditions that conflict with or deviate from our terms of sale.
1.2 Individual agreements made with the customer in individual cases (including ancillary agreements, additions and changes) shall in any case take precedence over these terms of sale. A written contract or our written confirmation is decisive for the content of such agreements.
1.3 Our terms of sale only apply to entrepreneurs (§ 14 BGB), legal persons under public law or special funds under public law.
1.4 Our terms and conditions of sale in their respective version also apply as a framework agreement for future contracts for the sale and/or delivery of movable property with the same customer, without us having to refer to them again in each individual case.
2. CONCLUSION OF CONTRACT
2.1 Our offers are subject to change and non-binding.
2.2 If the customer's order is to be qualified as a binding contract offer in accordance with § 145 BGB, we can accept it within 2 weeks of its receipt.
2.3 The acceptance can be declared either in writing (e.g. by order confirmation) or by delivery of the goods to the customer.
2.4 We reserve property rights and copyrights to illustrations, drawings, calculations and other documents. This also applies to written documents that are designated as "trustful". Before passing it on to third parties, the customer requires our express written consent.
3. DELIVERY, DANGER TRANSFER
3.1 Unless otherwise stated in the order confirmation, delivery "en-works" is agreed. At the request and expense of the customer, the goods will be shipped to another destination (shipment purchase). Unless otherwise agreed, we are entitled to determine the type of shipment (in particular transport company, shipping route, packaging) ourselves.
3.2 Separate agreements apply to the return of packaging.
3.3 The risk of accidental loss and accidental deterioration of the goods passes to the customer at the latest with the handover, in the case of mail-in purchase (section 3.1) with the delivery of the goods to the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment.
3.4 If the customer is in default of acceptance, if he culpably violates other obligations to cooperate or if our delivery is delayed for other reasons for which the customer is responsible, we are entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses. Further claims or rights are reserved.
3.5 If the conditions of section 3.4 are met, the risk of accidental loss or accidental deterioration of the goods passes to the customer at the time when he is in default of acceptance or debtor.
4. DELIVERY TIME, DELAY IN DELIVERY
4.1 The delivery time is agreed individually or specified by us in the order confirmation. The start of the delivery time requires the clarification of all technical questions.
4.2 Compliance with our delivery obligation further presupposes the timely and proper fulfillment of all obligations of the customer. The objection of the unfulfilled contract is reserved.
4.3 The occurrence of our delay in delivery is determined by the statutory provisions. In any case, however, a reminder from the customer is required.
5. PRICES AND TERMS OF PAYMENT
5.1 Unless otherwise stated in the order confirmation, our prices apply "en-works", excluding packaging; this will be invoiced separately. The statutory value added tax is not included in our prices; it is shown separately in the invoice in the statutory amount on the day of invoicing.
5.2 In the case of mail-in purchase (section 3.1), the customer bears the transport costs from stock. If the customer wishes, we will cover the delivery through transport insurance; the costs incurred in this respect are borne by the customer. Any customs duties, fees, taxes and other public charges shall be borne by the customer.
5.3 Unless otherwise expressly agreed, the entire invoice amount (without deduction) is due within 14 days from invoicing and delivery or Acceptance of the goods by the customer due for payment. The legal rules regarding the consequences of late payment apply.
5.4 The deduction of cash discount requires a special written agreement.
5.5 The customer is only entitled to set-off rights if his counterclaims are legally established, undisputed or recognized by us. In addition, he is authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
6. RESERVATION OF TITLE
6.1 Until full payment of all our current and future claims from the supply contract and a current business relationship (the "secured claims"), we reserve the right to own the goods sold.
6.2 The customer is obliged to treat the goods subject to retention of title (the "reserved goods") with care; in particular, he is obliged to insure them sufficiently at new value at his own expense against fire, water and theft damage. If maintenance and inspection work is required, the customer must carry it out in good time at his own expense.
6.3 The reserved goods may neither be pledged to third parties nor transferred as security before full payment of the secured claims. In order for us to be able to bring an action in accordance with § 771 ZPO, the customer must immediately notify us in writing if and to the extent that third parties access the reserved goods belonging to us. Insofar as the third party is not able to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with § 771 ZPO, the customer is liable for the failure incurred by us.
6.4 In the event of breach of contract by the customer, in particular in the event of non-payment of the purchase price due, we are entitled to withdraw from the contract in accordance with the statutory provisions and/or to demand the reserved goods on the basis of retention of title. The request for surrender does not also include the declaration of withdrawal; rather, we are entitled only to demand the goods out and reserve the right of withdrawal. After the return of the goods, we are authorized to exploit them, the proceeds of exploitation are to be credited to the liabilities of the customer - minus reasonable exploitation costs.
6.5 The customer is entitled to resell the reserved goods in the ordinary course of business. However, he already assigns to us all claims in the amount of the outstanding final invoice amount (including the statutory value added tax) that accrue to him from the resale against his customers or third parties. The customer remains authorized to collect these claims even after the assignment. Our authority to collect the claims ourselves remains unaffected by this; however, we undertake not to collect the claims as long as the customer meets his payment obligations to us and is not in default of payment. However, if this is the case, we can demand that the customer announces the assigned claims and their debtors, provides all information necessary for collection, hands over the corresponding documents and informs the debtors (third parties) of the assignment.
6.6 We undertake to release the securities to which we are entitled at the request of the customer to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%; the selection of the securities to be released is incumbent on us.
7. LIABILITY FOR DEFECTS
7.1 Claims for defects of the customer presuppose that he has properly complied with his examination and complaint obligations owed in accordance with § 377 HGB. An examination and a subsequent complaint must be carried out within two weeks of receipt of the goods at the latest. If the customer fails to report the defect specified above, our liability for the defect not reported is excluded.
7.2 If the delivered goods are defective or are missing their assured
properties, we will perform the supplementary performance at our discretion by remedying the defect (repair) or by delivering a defect-free product (replacement delivery) within a reasonable period of time. The customer must give us the time and opportunity necessary for subsequent performance, in particular to hand over the complained goods for inspection purposes. We bear the expenses required for the purpose of supplementary performance, in particular transport, travel, labor and material costs, insofar as these are not increased by the fact that the goods were moved to a place other than the place of performance. In the case of a replacement delivery, the customer must return the defective item to us.
7.3 We are entitled to make the subsequent performance owed dependent on the customer paying the purchase price due. However, the customer can withhold a reasonable part of the purchase price in relation to the defect.
7.4 In urgent cases, e.g. in the event of a threat to operational safety or to ward off disproportionate damage, or with
with our consent, the customer has the right to remedy the defect himself and to demand reimbursement from us for the objectively necessary expenses. We must be notified of such a self-madertion immediately, if possible in advance. The right of self-performance does not exist if we would be entitled to refuse a corresponding supplementary performance in accordance with the statutory provisions.
7.5 If the supplementary performance has failed or one for the
If the deadline to be set by the customer has expired unsuccessfully or is experable according to the statutory provisions, the customer can withdraw from the purchase contract or reduce the purchase price. However, there is no right of withdrawal in the event of an insignificant defect.
7.6 Claims of the customer for damages or Reimbursement of futile expenses only exist in accordance with section 8, otherwise they are excluded.
8. OTHER LIABILITY
8.1 Insofar as these terms of sale including the
If the following provisions do not otherwise stand, we are liable for a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.
8.2 We are liable for damages - regardless of the legal reason - in the event of intent and gross negligence. In the case of simple negligence, we are only liable
- for damages resulting from injury to life, body or health,
- for damages resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly trusts and may rely); in this case, however, our liability is limited to the compensation of the foreseeable, typically occurring damage.
8.3 The limitations of liability resulting from section 8.2 do not apply if we have fraudulently concealed a defect or assumed a guarantee for the quality of the goods. The same applies to claims of the customer under the Product Liability Act.
8.4 The limitations according to section 8.2 also apply insofar as the customer demands compensation for futile expenses instead of a claim for compensation for the damage instead of the performance.
8.5 A further liability for damages than provided for in paragraphs 8.1 to 8.3 is excluded - regardless of the legal nature of the asserted claim. This applies in particular to claims for damages arising from fault at the conclusion of the contract, for other breaches of duty or due to criminal claims for compensation for property damage in accordance with § 823 BGB.
8.6 Insofar as liability for damages is excluded or limited to us, this also applies with regard to the personal liability for damages of our employees, employees, employees, representatives and vicarious agents.
8.7 Due to a breach of duty that does not consist of a defect, the customer can only withdraw or terminate if we are responsible for the breach of duty. In all other respects, the legal requirements and legal consequences apply.
9. LIMITATION PERIOD
9.1 The general limitation period for claims for defects is 12 months, calculated from the transfer of risk.
9.2 The limitation period in the event of a delivery recourse according to §§ 478, 479 BGB, for real surrender claims of third parties (§ 438 para. 1 no. 1 BGB) as well as for the claims for damages mentioned in sections 8.2 and 8.3 remains unaffected. In these and other cases, only the statutory limitation provisions apply.
10. PLACE OF PERFORMANCE, CHOICE OF LAW, PLACE OF JURISDICTION
10.1 Unless otherwise stated in the order confirmation, our place of business is the place of performance.
10.2 The law of the Federal Republic of Germany applies to these terms of sale and all legal relationships between us and the customer; the validity of the UN Convention on Contracts for the International Sale of Goods is excluded.
10.3 If the customer is a merchant within the meaning of the Commercial Code, the exclusive - also international - place of jurisdiction for all disputes arising directly and indirectly from the contractual relationship is our registered office in Hamburg. However, we are also entitled to sue the customer at his place of jurisdiction.
GENERAL TERMS AND CONDITIONS OF DELIVERY OF XELAG
1. SCOPE OF APPLICATION
These general terms and conditions of delivery apply exclusively to transactions that we enter into with companies, legal entities under public law or special funds under public law. These do not apply to legal transactions with consumers.
All deliveries and all related services are made, unless expressly agreed otherwise with us, exclusively on the basis of these delivery conditions. We hereby expressly object to the buyer's references to his terms and conditions. These terms of delivery also apply to all future transactions. Deviations from these terms of delivery require an express agreement with us.
2. OFFER AND ACCEPTANCE
Our offers are not binding, but only as an invitation to our customers to make us a purchase offer. The contract is concluded by the order of the customer (offer) and the acceptance by us. If this deviates from the order, this is considered a new non-binding offer from us.
3. PRODUCT QUALITY, SAMPLES AND SAMPLES, GUARANTEES
Unless otherwise agreed, the quality of the goods results exclusively from our generally disclosed product specifications or mediated with the specific offer.
Identified uses relevant to the goods in accordance with the European Chemical Regulation REACH are neither considered to be the agreement of one of these corresponding contractual condition of the goods nor to be used as a use required by the contract or expected in any case.
Properties of samples and samples are only binding if they have been expressly agreed as the necessary quality of the goods.
Quality and durability information as well as other information are only guaranteed by us if they are clearly agreed as such and designated as guaranteed.
4. ADVICE
As far as we provide consulting services, this is done to the best of our knowledge. Information and information about certain properties, the suitability for the use or application of the goods and their composition do not exempt the buyer from his own tests and attempts for the specifically intended or planned use of the goods.
5. PRICES
Unless otherwise agreed, delivery will be made at the list price on the day of the order.
If we change our prices for the product to be delivered or our payment conditions in general in the period between conclusion of the contract and delivery, we are entitled to apply the prices or payment conditions valid at the time of delivery. In the event of a price increase, the buyer is entitled to withdraw from the contract within 14 days of notification of the price increase.
6. DELIVERY
The delivery takes place in accordance with the trade clauses specified in our offer or in the respective contract, for the interpretation of which the INCOTERMS in their version valid at the time of conclusion of the contract apply. Unless otherwise agreed, delivery dates and delivery times mentioned by us are non-binding.
7. TRANSPORT DAMAGE
The buyer must report complaints about transport damage directly to the transport company and assert them from us by sending a copy within the notice periods provided for this purpose and applicable to merchants, insofar as we are responsible for the transport.
8. COMPLIANCE WITH LEGAL AND REGULATORY PROVISIONS
Unless we have agreed otherwise in individual cases and have assumed further obligations, the buyer himself is responsible for compliance with all legal and official regulations on import, transport, storage and use of the goods.
9. TERMS OF PAYMENT, LATE PAYMENT
Unless otherwise agreed, invoices are due for payment within 30 days of the invoice date.
The non-payment of the purchase price at maturity is a significant breach of contractual obligations.
In the event of default of payment by the buyer, we are entitled to demand default interest, namely in the case of invoicing in euros in
Amount of 9% points above the base interest rate announced by the Deutsche Bundesbank when the delay occurred, and in the case of invoicing in another currency in the amount of 9% points above the discount rate applicable at that time of the highest banking institution of the country in whose currency it was invoiced.
10. RIGHTS IN CASE OF DEFECTS
Defects of the goods that can be detected in a proper examination required under purchase and commercial law must be reported to us immediately, but no later than one week after receipt of the goods; other defects must be reported to us within one week of discovery. The notification must be made in writing and specify the nature and extent of the defects. If the notification of the defect is not made in time, whereby it depends on the receipt of the notification by us, the goods are considered approved.
If the goods are defective and this has been properly reported to us, the buyer is entitled to the legal rights with the following conditions:
a) First of all, we have the right, at our discretion, to either remedy the defect or to the buyer
to deliver defect-free goods (non-fulfillment).
b) We reserve the right to make two subsequent attempts. If the non-performance fails or is not reasonable for the buyer, he can either withdraw from the contract or demand a reduction in the purchase price.
c) Claims for defects for damages and for reimbursement of futile expenses can only be made in accordance with
Paragraph "Liabliation" is required. Claims for defects of the buyer become statute-barred with the expiry of one year from delivery of the goods.
11. LIABILITY
In principle, we are only liable for damages in accordance with the statutory provisions.
In the event of a slightly negligent breach of essential contractual obligations, we are only liable for typical, foreseeable damages; in the event of a slightly negligent breach of non-essential contractual obligations, our liability is excluded.
The limitations of liability in sections 10 and 11 do not apply to liability on the part of us or our legal representatives or vicarious agents:
a) for damage resulting from injury to life, body or health,
b) in the case of liability for gross negligence or intent,
c) in the case of fraudulent concealment of a defect,
d) in the event of recourse by the buyer due to the regulations on the sale of consumer goods,
e) in the case of liability in accordance with the provisions of the Product Liability or Medicines Act.
If the delivery is delayed or impossible because the buyer has to fulfill public law obligations in connection with the European Chemicals Regulation REACH, we are not liable for any resulting damage. The fulfillment of these obligations falls exclusively within the sphere of the buyer.
12. SET-OFF
The buyer can only offset against our claims if he is entitled to a counterclaim undisputed by us or legally established or if the claim against which the buyer would like to offset is in a reciprocal relationship with the claim to be set off.
13. SECURITIES
If the creditworthiness of the buyer deteriorates or there are reasonable doubts about his solvency, in particular in cases of late payment, we can revoke, subject to further claims, granted or practiced payment terms as well as make further deliveries dependent on advance payment or the granting of securities.
14. RESERVATION OF TITLE
Simple retention of title
We remain the owners of the goods delivered by us, regardless of the handover to the buyer or his representative, in any case until the full payment of the purchase price.
Extended retention of title
If the buyer has paid the purchase price for the delivered goods, but other liabilities to us have not yet been fully fulfilled, we reserve ownership of the delivered goods until full payment of all liabilities.
Processing clause
if the buyer processes goods delivered by us, we are considered a manufacturer and directly acquire ownership of the newly emerging goods. If the processing is carried out together with other goods or fabrics, we directly acquire co-ownership of the new goods in the ratio of the value of our goods to that of the other materials.
Connection and mixing clause
If a connection or mixing of our goods with the buyer's property takes place in such a way that the buyer's item is to be regarded as the main item, it is agreed that the buyer will transfer co-ownership of the main item to us in proportion to the invoice value of the goods delivered by us to the invoice value (or in the absence of such to the market value) of the main item. The buyer undertakes to keep our resulting sole property or co-ownership for us free of charge.
Extended retention of title
The buyer may dispose of our goods in the ordinary course of business, as long as he fulfills his obligations to us in a timely and complete manner. All claims from the sale, delivery or processing of goods in which we have reserved ownership, the buyer already assigns to us at the time of the conclusion of the contract or the creation of the claim; if we have acquired co-ownership, the assignment takes place in proportion to the value of the goods delivered by us under retention of title to the value of the goods in the reserved ownership of third parties. The buyer already assigns recognized balance claims from current account agreements to us at the time of the conclusion of the contract with us in the amount of our then outstanding claims.
Right to information/disclosure
Upon request, the buyer will provide us with all necessary information about the stock of the goods we own and about the claims assigned to us. Likewise, upon request, he will mark the goods owned by us as ours, separate them, or keep them separately, as well as inform his customers of the assignment.
Late payment
In the event of default of payment by the buyer, we are entitled, without us withdrawing from the purchase contract or setting a grace period due to the lack of timely fulfillment of the contract, to demand the return of the goods in our property at any time at the expense of the buyer.
Partial waiver clause
If the value of our securities exceeds our claims by more than 10%, we waive the collateral in the amount of the excess part.
15. FORCE MAJEURE
If events and circumstances that we cannot influence, such as natural events, war, labor disputes, lack of raw materials and energy, traffic and operational disruptions, fire and explosion damage, or orders of high hand, restrict or make the production of the goods or our delivery by our manufacturer, restrict or impossible, with the result that we cannot fulfill our contractual obligations (taking into account proportionate consideration of other delivery obligations), we are exempt from our delivery obligation for the duration of the disruption and to the extent of its effects and also not obliged to obtain the goods from third parties.
The same applies if the events and circumstances make the business sustainably uneconomical for us or such circumstances and events exist with our upstream suppliers. If these events last longer than 3 months, both parties are entitled to withdraw from the contract.
16. PLACE OF PERFORMANCE
Regardless of the agreed trade clauses and the place of delivery of the goods or documents, our place of performance is our registered office.
17. DATA PRIVACY
Insofar as personal data of the buyer are transmitted to us in connection with the business relationship, we will only collect, store, process and transmit it electronically for the purpose of the establishment, execution or termination of the contract. It may also be necessary to transmit this data to third parties for the fulfillment of the contract.
As soon as we no longer need the personal data for the fulfillment of the purpose of the contract and there are no legal or contractual retention periods, we will delete this data in accordance with the data protection regulations. We observe the regulations of the Federal Data Protection Act in fulfillment of the contractual relationship.
18. PLACE OF JURISDICTION
The place of jurisdiction is Hamburg or the general place of jurisdiction of the buyer
19. APPLICABLE LAW
The law of the Federal Republic of Germany applies to the contractual relationship, excluding those conflict of law norms that would subject the contractual relationship to a law other than German law, and including the United Nations Convention of 11. April 1980 on contracts for the international sale of goods (CISG), even if the buyer is not based in a CISG contracting state.
20. SALVATORY CLAUSE
Should individual provisions of this contract be or become void or ineffective, this shall not affect the validity of the remaining contract. The void or ineffective provision shall be replaced by another valid provision that comes as close as possible to the will of the parties.
21. CONTRACT LANGUAGE
If our terms of delivery are announced to the buyer in another language other than in German, this will only be done for better understanding. The German version is valid, which the buyer can request from us at any time. In the event of differences in interpretation, only the German text applies.
Status: Juli 2022
PRIVACY POLICY OF XELAG
1. (AS OF 31.07.2022)
We take the protection of your data very seriously. That is why we, XELAG, of course, follow the legal provisions on data protection and do everything possible to keep your data confidential. In addition, it is important to us that you always know what data we store and how we use it. Please take a moment and read the following statements, which will inform you about how we handle your data.
These data protection regulations apply to all webshops and apps operated by XELAG. Insofar as special provisions apply to individual web shops or apps in addition to the generally applicable provisions, these are listed separately.
We reserve the right to adapt the content of these data protection regulations from time to time in order to be able to ensure protection in the future, in particular on the basis of new legal requirements or technical developments. However, this only applies with regard to declarations on data processing. If the consent of the users is required or components of the data protection declaration contain regulations of the contractual relationship with the users, the changes will only be made with the consent of the users.
It is therefore advisable to take note of our information and notes on data processing at regular intervals.
This data protection declaration clarifies the nature, scope and purpose of the processing of personal data (hereinafter referred to as "data") within our online offer and the associated websites, functions and content as well as external online presences, such as our social media profile. (hereinafter jointly referred to as "online offer"). With regard to the terms used, such as "processing" or "controller", we refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).
2. RESPONSIBLE PARTY
Xelag UG (haftungsbeschränkt)
Hohe Bleichen 8,
D-20354 Hamburg
E-Mail: info@xelag.com
Managing Director: Irina Schneider
Link to the imprint:
https://xelag.com/impressum
3. TYPES OF DATA PROCESSED:
- Inventory data (e.g., names, addresses).
- Contact details (e.g., e-mail, telephone numbers).
- Content data (e.g., text entries, photographs, videos).
- Usage data (e.g., websites visited, interest in content, access times).
- Meta/communication data (e.g., device information, IP addresses).
4. CATEGORIES OF AFFECTED PERSONS
Visitors and users of the online offer (hereinafter referred to as the persons concerned also collectively referred to as "users").
5. PURPOSE OF PROCESSING
- Provision of the online offer, its functions and contents
- Answering contact requests and communicating with users
- Security measures
- Reach measurement/marketing
6. TERMINOLOGY USED
"Personal data" is all information that relates to an identified or identifiable natural person (in the following called "affected person"); a natural person is seen as being identifiable if they directly or indirectly, in particular with the use of an attribution to an identifier such as a name, an ID number, location data, online marker (e.g. cookie) or to one or more special features that give an impression of the physical, physiological, genetic, psychic, economic, cultural or social identity of the person.
"Processing" means any operation or series of operations carried out with or without the aid of automated procedures in connection with personal data. The term goes far and includes practically every handling of data. "Responsible party" means the natural or legal person, authority, body, or other position that alone or together with others decides on the purposes and means of processing of personal data.
7. RELEVANT LEGAL BASES
In accordance with Art. 13 GDPR, we inform you of the legal basis of our data processing. If the legal basis is not mentioned in the data protection declaration, the following applies: The legal basis for obtaining consent is Art. 6 para. 1 lit. a and Art. 7 GDPR, the legal basis for processing to fulfill our services and carry out contractual measures as well as answering inquiries is Art. 6 para. 1 lit. b GDPR, the legal basis for processing to fulfill our legal obligations is Art. 6 para. 1 lit. c GDPR, and the legal basis for processing to safeguard our legitimate interests is Art. 6 para. 1 lit. f GDPR. In the event that vital interests of the data subject or another natural person to process personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.
8. COOPERATION WITH PROCESSORS AND THIRD PARTIES
If, as part of our processing, we disclose data to other persons and companies (processors or third parties), transmit it to them or otherwise grant them access to the data, this is only done on the basis of a legal permission (e.g. if a transmission of the data to third parties, such as to payment service providers, in accordance with. Art. 6 para. 1 lit. b DSGVO is necessary for the fulfillment of the contract), you have consented, a legal obligation provides for this or on the basis of our legitimate interests (e.g. when using agents, web hosts, etc.).
If we commission third parties to process data on the basis of a so-called "order processing contract", this is done on the basis of Art. 28 GDPR.
9. TRANSMISSIONS TO THIRD-PARTY COUNTRIES
If we process data in a third country (i.e. outside the European Union (EU) or the European Economic Area (EEA)) or in the context of the use of third-party services or disclosure, or If the transmission of data to third parties takes place, this only takes place if it is done to fulfill our (pre)contractual obligations, on the basis of your consent, on the basis of a legal obligation or on the basis of our legitimate interests.
Subject to legal or contractual permission, we will process or leave the data in a third country only if the special requirements of Art. 44 et seq. are met. GDPR. This means that the processing is carried out, for example, on the basis of special guarantees, such as the officially recognized determination of a level of data protection corresponding to the EU (e.g. for the USA by the "Privacy Shield") or observance of officially recognized special contractual obligations (so-called "standard contractual clauses").
10. RIGHTS OF THE PERSON AFFECTED
You have the right to request confirmation of whether the data concerned is being processed and to obtain information about this data as well as further information and a copy of the data in accordance with Art. 15 GDPR.
You have accordingly. Art. 16 GDPR the right to request the completion of the data concerning you or the correction of the incorrect data concerning you.
In accordance with Art. 17 GDPR, you have the right to request that the data in question be deleted immediately, or alternatively to request a restriction of the processing of the data in accordance with Art. 18 GDPR.
You have the right to request that the data concerning you that you have provided to us be received in accordance with Art. 20 GDPR and to request its transmission to other responsible persons. They also have acc. Art. 77 GDPR the right to lodge a complaint with the competent supervisory authority.
11. RIGHT OF REVOCATION
You have the right to revoke consents granted in accordance with. Art. 7 para. 3 GDPR with effect for the future.
12. RIGHT OF OBJECTION
You can object to the future processing of the data concerning you at any time in accordance with Art. 21 GDPR. The objection may be made in particular against the processing for direct advertising purposes.
13. COOKIES AND RIGHT OF REVOCATION WITH DIRECT APPLICATION
"Cookies" are small files that are stored on users' computers. Different information can be stored within the cookies. A cookie primarily serves to store the information about a user (or the device on which the cookie is stored) during or even after his visit within an online offer. As temporary cookies, or "Session cookies" or "transient cookies" are cookies that are deleted after a user leaves an online offer and closes his browser. In such a cookie, for example, the content of a shopping cart can be stored in an online shop or a login jam. "Permanent" or "persistent" are cookies that remain stored even after closing the browser. For example, the login status can be saved if users visit it after several days. Likewise, the interests of users can be stored in such a cookie, which are used for range measurement or marketing purposes. As a "third-party cookie", cookies are offered by providers other than the person responsible who operates the online offer (otherwise, if they are only their cookies, they are called "first-party cookies").
We can use temporary and permanent cookies and clarify this in the course of our data protection declaration.
If users do not want cookies to be stored on their computer, they are asked to deactivate the corresponding option in the system settings of their browser. Stored cookies can be deleted in the system settings of the browser. The exclusion of cookies can lead to functional restrictions of this online offer.
A general objection to the use of cookies used for the purposes of online marketing can be explained for a large number of services, especially in the case of tracking, via the US site https://www.aboutads.info/choices/or the EU page https://www.youronlinechoices.com/. Furthermore, the storage of cookies can be achieved by switching them off in the settings of the browser. Please note that not all functions of this online offer can then be used.
14. DELETION OF DATA
The data processed by us will be deleted or restricted in their processing in accordance with Art. 17 and 18 GDPR. Unless expressly stated in the context of this data protection declaration, the data stored by us will be deleted as soon as it is no longer necessary for its intended purpose and the deletion does not conflict with any legal storage obligations. If the data are not deleted because they are necessary for other and legally permissible purposes, their processing will be restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to data that must be kept for commercial or tax reasons.
According to legal requirements in Germany, the storage takes place in particular for 6 years in accordance with § 257 para. 1 HGB (commercial books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) as well as for 10 years in accordance with § 147 para. 1 AO (books, records, management reports, accounting documents, commercial and business letters, documents relevant for taxation, etc.).
According to legal requirements in Austria, the storage is carried out in particular for 7 years in accordance with § 132 para. 1 BAO (accounting documents, receipts/invoices, accounts, receipts, business papers, statement of income and expenses, etc.), for 22 years in connection with land and for 10 years for documents in connection with electronically provided services, telecommunications, radio and television services provided to non-entrepreneurs in EU member states and for which the Mini-One-Stop Shop (MOSS) is used.
15. BUSINESS-RELATED PROCESSING
In addition, we process
- Contract data (e.g., contract subject, term, customer category).
- Payment data (e.g., bank details, payment history) of our customers, interested parties and business partners for the purpose of providing contractual services, service and customer care, marketing, advertising and market research.
16. HOSTING
The hosting services we use are used to provide the following services: infrastructure and platform services, computing capacity, storage space and database services, security services as well as technical maintenance services, which we use for the purpose of operating this online offer.
Here, we, or our hosting provider process inventory data, contact data, content data, contract data, usage data, meta and communication data of customers, interested parties and visitors of this online offer on the basis of our legitimate interests in an efficient and secure provision of this online offer in accordance with. Art. 6 para. 1 lit. f GDPR in conjunction with Art. 28 GDPR (conclusion of order processing contract).
17. COLLECTION OF ACCESS DATA AND LOG FILES
We, or our hosting provider, collect on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR data about every access to the server on which this service is located (so-called server log files). The access data includes the name of the retrieved website, file, date and time of the retrieval, amount of data transferred, message about successful retrieval, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.
Log file information is stored for security reasons (e.g. to investigate abuse or fraud) for a maximum of 7 days and then deleted. Data whose further storage is required for evidentiary purposes are excluded from deletion until the final clarification of the respective incident.
18. PROVISION OF CONTRACTUAL SERVICES
We process inventory data (e.g., names and addresses as well as contact details of users), contract data (e.g., services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services in accordance with. Art. 6 para. 1 lit b. GDPR. The entries marked as mandatory in online forms are required for the conclusion of the contract.
As part of the use of our online services, the IP address and the time of the respective user action will be stored. The storage takes place on the basis of our legitimate interests, as well as the user's protection against misuse and other unauthorized use. In principle, this data will not be passed on to third parties, unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with. Art. 6 para. 1 lit. c GDPR.
We process usage data (e.g., the visited websites of our online offer, interest in our products) and content data (e.g., entries in the contact form or user profile) for advertising purposes in a user profile in order to display the user, for example, product information based on their previously used services.
The deletion of the data takes place after expiry of statutory warranty and comparable obligations, the necessity of storing the data is reviewed every three years; in the case of legal archiving obligations, the deletion takes place after their expiry. Information in any customer account remains until it is deleted.
19. REGISTRATION FUNCTION
Users can optionally create a user account. As part of the registration, the required mandatory information will be communicated to the users. The data entered during the registration will be used for the purpose of using the offer. Users can be informed by e-mail about offer- or registration-relevant information, such as changes to the scope of the offer or technical circumstances. If users have terminated their user account, their data will be deleted with regard to the user account, subject to their storage is necessary for commercial or tax reasons in accordance with Art. 6 para. 1 lit. c GDPR. It is the responsibility of the users to secure their data before the end of the contract in the event of termination. We are entitled to irretrievably delete all data of the user stored during the term of the contract.
As part of the use of our registration and registration functions as well as the use of the user accounts, the IP address and the time of the respective user action are stored. The storage takes place on the basis of our legitimate interests, as well as the user's protection against misuse and other unauthorized use. In principle, this data will not be passed on to third parties, unless it is necessary to pursue our claims or there is a legal obligation to do so in accordance with. Art. 6 para. 1 lit. c GDPR. The IP addresses will be anonymized or deleted after 7 days at the latest.
20. MAKING CONTACT
When contacting us (e.g. via contact form, e-mail, telephone or via social media), the user's information is used to process the contact request and its processing in accordance with. Art. 6 para. 1 lit. b) GDPR processed. The information of the users can be stored in a customer relationship management system ("CRM system") or comparable request organization.
We will delete the requests if they are no longer required. We check the necessity every two years; furthermore, the statutory archiving obligations apply.
21. COMMENTS AND CONTRIBUTIONS
If users leave comments or other contributions, their IP addresses will be used on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. GDPR stored for 7 days. This is done for our safety if someone leaves illegal content in comments and contributions (insus, prohibited political propaganda, etc.). In this case, we can be prosecuted for the comment or contribution ourselves and are therefore interested in the identity of the author.
22. COMMENT SUBSCRIPTIONS
The follow-up comments can be made by users with their consent acc. Art. 6 para. 1 lit. a GDPR. Users will receive a confirmation email to verify that they are the owner of the entered email address. Users can unsubscribe from current comment subscriptions at any time. The confirmation email will contain information about the revocation options.
23. AKISMET ANTI-SPAM TEST
Our online offer uses the "Akismet" service offered by Automattic, Inc. 132 Hawthorne Street San Francisco, CA 94107, USA. The use is based on our legitimate interests within the meaning of Art. 6 para. 1 lit. f) GDPR. With the help of this service, comments of real people are distinguished from spam comments. For this purpose, all comment information is sent to a server in the USA, where it is analyzed and stored for four days for comparison purposes. If a comment has been classified as spam, the data will be stored beyond this time.
This information includes the name entered, the email address, the IP address, the comment content, the referrer, information about the browser used as well as the computer system and the time of the entry.
Automattic is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant? id=a2zt0000000CbqcAAC&status=Active).
Further information on the collection and use of data by Akismet can be found in Automattic's privacy policy: https://automattic.com/privacy/.
Users are welcome to use pseudonyms, or refrain from entering the name or email address. You can completely prevent the transmission of the data by not using our comment system. That would be a pity, but unfortunately we do not see any other alternatives that work just as effectively.
24. RETRIEVAL OF PROFILE PICTURES AT GRAVATAR
We use the service Gravatar, the Automattic, Inc. 132 Hawthorne Street San Francisco, CA 94107, USA, within our online offer and in particular in the blog.
Gravatar is a service where users can log in and store profile pictures and their e-mail addresses. If users leave posts or comments with the respective e-mail address on other online presences (especially in blogs), their profile pictures can be displayed next to the posts or comments. For this purpose, the e-mail address provided by the users is transmitted to Gravatar in encrypted form for the purpose of checking whether a profile is stored for it. This is the sole purpose of transmitting the e-mail address and it will not be used for other purposes, but will be deleted afterwards.
The use of Gravatar is based on our legitimate interests within the meaning of Art. 6 para. 1 lit. f) GDPR, as with the help of Gravatar we offer the post and comment authors the opportunity to personalize their contributions with a profile picture.
Automattic is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant? id=a2zt0000000CbqcAAC&status=Active).
By displaying the images, Gravatar finds out the IP address of the users, as this is necessary for communication between a browser and an online service. Further information on the collection and use of data by Gravatar can be found in Automattic's privacy policy: https://automattic.com/privacy/.
If users do not want a user image linked to your e-mail address at Gravatar to appear in the comments, you should use an e-mail address that is not stored with Gravatar to comment. We also point out that it is also possible to use an anonymous or no e-mail address if users do not want their own e-mail address to be sent to Gravatar. Users can completely prevent the transmission of data by not using our comment system.
25. NEWSLETTER
With the following information, we inform you about the contents of our newsletter as well as the registration, dispatch and statistical evaluation procedure as well as your rights of objection. By subscribing to our newsletter, you agree to the receipt and the procedures described.
Content of the newsletter: We send newsletters, e-mails and other electronic notifications with advertising information (hereinafter "newsletter") only with the consent of the recipients or a legal permission. If its contents are specifically described as part of a registration for the newsletter, they are decisive for the consent of the users. In addition, our newsletter contains information about our services and us.
Double opt-in and logging: The registration for our newsletter takes place in a so-called double opt-in procedure. I.e. After registration, you will receive an e-mail asking you to confirm your registration. This confirmation is necessary so that no one can register with foreign e-mail addresses. The registrations for the newsletter are logged in order to be able to prove the registration process in accordance with the legal requirements. This includes the storage of the registration and confirmation time, as well as the IP address. Likewise, the changes to your data stored with the shipping service provider are logged.
Registration data: To register for the newsletter, it is sufficient to provide your e-mail address. Optionally, we ask you to provide a name for personal contact in newsletters.
Germany: The dispatch of the newsletter and the associated success measurement is based on the consent of the recipients in accordance with. Art. 6 para. 1 lit. a, Art. 7 GDPR in conjunction with § 7 para. 2 no. 3 UWG or on the basis of the legal permission acc. § 7 Abs. 3 UWG.
The logging of the registration procedure is based on our legitimate interests in accordance with. Art. 6 para. 1 lit. f GDPR. Our interest is focused on the use of a user-friendly and secure newsletter system that serves both our business interests and the expectations of users and also allows us to prove consent.
Cancellation/revocation - You can cancel the receipt of our newsletter at any time, i.e. Revoke your consents. A link to cancel the newsletter can be found at the end of each newsletter. We can store the unsubscribed e-mail addresses for up to three years on the basis of our legitimate interests before we delete them for the purpose of sending the newsletter in order to be able to prove a previously given consent. The processing of this data is limited to the purpose of a possible defense against claims. An individual request for deletion is possible at any time, provided that the former existence of consent is confirmed at the same time.
26. NEWSLETTER - SHIPPING SERVICE PROVIDER
The newsletters are sent by means of the shipping service provider "MailChimp", a newsletter delivery platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. You can view the privacy policy of the shipping service provider here: https://mailchimp.com/legal/privacy/. The Rocket Science Group LLC d/b/a MailChimp is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with the European level of data protection (https://www.privacyshield.gov/participant? id=a2zt0000000TO6hAAG&status=Active). The shipping service provider is based on our legitimate interests in accordance with. Art. 6 para. 1 lit. f GDPR and an order processing contract acc. Art. 28 para. 3 p. 1 GDPR used.
The shipping service provider can use the data of the recipients in pseudonymous form, i.e. without assignment to a user, to optimize or improve its own services, e.g. for the technical optimization of the dispatch and presentation of the newsletters or for statistical purposes. However, the shipping service provider does not use the data of our newsletter recipients to write to them themselves or to pass on the data to third parties.
27. NEWSLETTER - SUCCESS MEASUREMENT
The newsletters contain a so-called "web beacon", i.e. a pixel-sized file that is retrieved from our server when the newsletter is opened, or if we use a shipping service provider. As part of this retrieval, technical information, such as information about the browser and your system, as well as your IP address and time of retrieval, are first collected.
This information is used for the technical improvement of the services based on the technical data or the target groups and their reading behavior on the basis of their retrieval locations (which can be determined with the help of the IP address) or the access times. The statistical surveys also include determining whether the newsletters are opened, when they are opened and which links are clicked. For technical reasons, this information can be assigned to the individual newsletter recipients. However, it is neither our aspiration, nor, if used, that of the shipping service provider, to observe individual users. The evaluations serve us much more to recognize the reading habits of our users and to adapt our content to them or to send different content according to the interests of our users.
28. JETPACK (WORDPRESS STATS)
&We use on the basis of our legitimate interests (i.e. Interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR) the plugin Jetpack (here the subfunction "Wordpress Stats"), which integrates a tool for the statistical evaluation of visitor access and from Automattic, Inc. 132 Hawthorne Street San Francisco, CA 94107, USA. Jetpack uses so-called "cookies", text files that are stored on your computer and that enable an analysis of your use of the website.
Automattic is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant? id=a2zt0000000CbqcAAC&status=Active).
The information generated by the cookie about your use of this online offer is stored on a server in the USA. User profiles can be created from the processed data, whereby these are only used for analysis and not for advertising purposes. Further information can be found in Automattic's privacy policy: https://automattic.com/privacy/ and notes on Jetpack cookies: https://jetpack.com/support/cookies/.
29. GOOGLE ANALYTICS
We use on the basis of our legitimate interests (i.e. Interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR) Google Analytics, a web analysis service of Google LLC ("Google"). Google uses cookies. The information generated by the cookie about the use of the online offer by the users is usually transmitted to a Google server in the USA and stored there.
Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant? id=a2zt000000001L5AAI&status=Active).
Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to further, with the
Use of this online offer and the use of the Internet related services to us. Pseudonymous user profiles of the users can be created from the processed data.
We only use Google Analytics with IP anonymization activated. This means that the IP address of the users is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there.
The IP address transmitted by the user's browser will not be merged with other data from Google. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent the collection of the data generated by the cookie and related to their use of the online offer to Google and the processing of this data by Google by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout? hl=de.
Further information on the use of data by Google, setting and objection options can be found on Google's websites: https://www.google.com/intl/de/policies/privacy/partners ("Data use by Google when you use websites or apps of our partners"), https://www.google.com/policies/technologies/ads ("Data use for advertising purposes"), https://www.google.de/settings/ads ("Manage information that Google uses to show you advertising").
30. GOOGLE-RE/MARKETING-SERVICES
We use on the basis of our legitimate interests (i.e. Interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR) the marketing and remarketing services (short "Google Marketing Services") of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, ("Google").
Google is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant? id=a2zt000000001L5AAI&status=Active).
The Google marketing services allow us to display advertisements for and on our website in a more targeted manner in order to only present users with ads that potentially correspond to their interests. For example, if a user is shown ads for products that he has been interested in on other websites, this is referred to as "remarketing". For these purposes, when accessing our and other websites on which Google marketing services are active, a code from Google is executed directly by Google and so-called (re)marketing tags (invisible graphics or code, also referred to as "web beacons") are integrated into the website. With their help, an individual cookie, i.e. a small file, is stored on the user's device (instead of cookies, comparable technologies can also be used). The cookies can be set from different domains, including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com or googleadservices.com. This file notes which websites the user is visiting, which content he is interested in and which offers he has clicked, as well as technical information about the browser and operating system, referring websites, visiting time and other information on the use of the online offer. The IP address of the users is also recorded, whereby we inform within the framework of Google Analytics that the IP address is shortened within member states of the European Union or in other contracting states of the Agreement on the European Economic Area and only in exceptional cases is completely transmitted to a Google server in the USA and shortened there. The IP address is not merged with the user's data within other Google offers. The above information can also be linked by Google to such information from other sources. If the user subsequently visits other websites, the ads tailored to him can be displayed according to his interests.
The data of the users are processed pseudonymously as part of the Google marketing services. I.e. For example, Google does not store and process the name or e-mail address of the users, but processes the relevant data cookie-related within pseudonymous user profiles. This means that from Google's point of view, the ads are not managed and displayed for a specifically identified person, but for the cookie owner, regardless of who this cookie owner is. This does not apply if a user has expressly allowed Google to process the data without this pseudonymization. The information collected by Google Marketing Services about users is transmitted to Google and stored on Google's servers in the USA.
The Google marketing services we use include the online advertising program Google AdWords. In the case of Google AdWords, each AdWords customer receives a different "conversion cookie". Cookies can therefore not be tracked via the websites of AdWords customers. The information collected with the help of the cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. AdWords customers learn the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, you will not receive any information with which users can be personally identified.
We may integrate third-party advertisements based on the Google marketing service AdSense. AdSense uses cookies that enable Google and its partner websites to serve ads based on the visits of users to this website or other websites on the Internet.
Furthermore, we can use the "Google Tag Manager" to integrate and manage the Google analysis and marketing services in our website.
Further information on the use of data for marketing purposes by Google can be found on the overview page: https://www.google.com/policies/technologies/ads, Google's privacy policy is available at https://www.google.com/policies/privacy.
If you would like to object to interest-based advertising through Google marketing services, you can use the setting and opt-out options provided by Google: https://www.google.com/ads/preferences.
31. FACEBOOK PIXELS, CUSTOM AUDIENCES AND FACEBOOK CONVERSION
Within our online offer, due to our legitimate interests in the analysis, optimization and economic operation of our online offer and for these purposes, the so-called "Facebook pixel" of the social network Facebook, which is operated by Facebook Inc., 1 Hacker Way, Menlo Park, CA 94025, USA, or if you are based in the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook").
Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant? id=a2zt0000000GnywAAC&status=Active).
With the help of the Facebook pixel, it is possible for Facebook to determine the visitors of our online offer as a target group for the presentation of ads (so-called "Facebook ads"). Accordingly, we use the Facebook pixel to display the Facebook ads placed by us only to those Facebook users who have also shown an interest in our online offer or who have certain characteristics (e.g. interests in certain topics or products that are determined on the basis of the websites visited) that we transmit to Facebook (so-called "Custom Audiences"). With the help of the Facebook pixel, we also want to ensure that our Facebook ads correspond to the potential interest of the users and do not have a harassing effect. With the help of the Facebook pixel, we can also understand the effectiveness of Facebook advertisements for statistical and market research purposes by seeing whether users were redirected to our website after clicking on a Facebook advertisement (so-called "conversion").
The processing of the data by Facebook takes place within the framework of Facebook's data use policy. Accordingly, general information on the presentation of Facebook ads, in Facebook's data usage policy: https://www.facebook.com/policy.php. Special information and details about the Facebook pixel and how it works can be found in the Facebook help section: https://www.facebook.com/business/help/651294705016616.
You can object to the collection by the Facebook pixel and use of your data to display Facebook ads. To set which types of advertisements are displayed to you within Facebook, you can go to the page set up by Facebook and follow the instructions on the settings of usage-based advertising: https://www.facebook.com/settings? tab=ads. The settings are platform-independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices.
You can also object to the use of cookies used for range measurement and advertising purposes via the deactivation page of the network advertising initiative (https://optout.networkadvertising.org/) and additionally the US website (https://www.aboutads.info/choices) or the European website (https://www.youronlinechoices.com/uk/your-ad-choices/).
32. ONLINE PRESENCE ON SOCIAL MEDIA
We maintain online presences within social networks and platforms in order to be able to communicate with the customers, interested parties and users active there and to inform them about our services there. When calling up the respective networks and platforms, the terms and conditions and the data processing guidelines of their respective operators apply.
Unless otherwise stated in our privacy policy, the data of users will be processed if they communicate with us within the social networks and platforms, e.g. writing posts on our online presences or sending us messages.
33. INCORPORATION OF SERVICES AND CONTENTS OF THIRD PARTIES
We set within our online offer on the basis of our legitimate interests (i.e. Interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR) content or service offers from third-party providers in order to integrate their content and services, such as videos or fonts (hereinafter uniformly referred to as "content").
This always requires that the third-party providers of this content perceive the IP address of the users, as they could not send the content to their browser without the IP address. The IP address is therefore required for the presentation of this content. We strive to only use content whose respective providers only use the IP address to deliver the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as "web beacons") for statistical or marketing purposes. Through the "pixel tags" information such as visitor traffic on the pages of this website can be evaluated. The pseudonymous information can also be stored in cookies on the user's device and contain, among other things, technical information about the browser and operating system, referring websites, visiting time and other information on the use of our online offer, as well as can be linked to such information from other sources.
34. VIMEO
We include the videos of the platform "Vimeo" of the provider Vimeo Inc., Attention: Legal Department, 555 West 18th Street New York, New York 10011, USA. Privacy Policy: https://vimeo.com/privacy.
35. YOUTUBE
We integrate the videos of the platform "YouTube" of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.
36. GOOGLE MAPS
We integrate the maps of the service "Google Maps" of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.
37. GOOGLE FONTS
We integrate the fonts ("Google Fonts") of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.
38. GOOGLE RECAPTCHA
We integrate the function for the detection of bots, e.g. when entering online forms ("ReCaptcha") of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Privacy Policy: https://www.google.com/policies/privacy/, Opt-Out: https://adssettings.google.com/authenticated.
39. USE OF FACEBOOK SOCIAL PLUGINS
We use on the basis of our legitimate interests (i.e. Interest in the analysis, optimization and economic operation of our online offer within the meaning of Art. 6 para. 1 lit. f. GDPR) Social plugins ("Plugins") of the social network facebook.com, which is operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland ("Facebook"). The plugins can display interaction elements or content (e.g. videos, graphics or text contributions) and are recognizable by one of the Facebook logos (white "f" on blue tile, the terms "Like", "Like" or a "thumbs up" sign) or are marked with the addition "Facebook Social Plugin". The list and appearance of the Facebook social plugins can be viewed here: https://developers.facebook.com/docs/plugins/.
Facebook is certified under the Privacy Shield Agreement and thus offers a guarantee to comply with European data protection law (https://www.privacyshield.gov/participant? id=a2zt0000000GnywAAC&status=Active).
When a user calls up a function of this online offer that contains such a plugin, his device establishes a direct connection to Facebook's servers. The content of the plugin is transmitted by Facebook directly to the user's device and integrated by the user into the online offer. User profiles can be created from the processed data. We therefore have no influence on the scope of the data that Facebook collects with the help of this plugin and therefore inform users according to our level of knowledge.
By integrating the plugins, Facebook receives the information that a user has accessed the corresponding page of the online offer. If the user is logged in to Facebook, Facebook can assign the visit to his Facebook account. When users interact with the plugins, for example, press the Like button or leave a comment, the corresponding information is transmitted from your device directly to Facebook and stored there. If a user is not a member of Facebook, there is still the possibility that Facebook will find out and store his IP address. According to Facebook, only one anonymous IP address is stored in Germany.
The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as the relevant rights and setting options for the protection of the privacy of users, can be found in Facebook's privacy policy: https://www.facebook.com/about/privacy/.
If a user is a Facebook member and does not want Facebook to collect data about him via this online offer and link it to his member data stored on Facebook, he must log out of Facebook and delete his cookies before using our online offer. Further settings and contradictions to the use of data for advertising purposes are possible within the Facebook profile settings: https://www.facebook.com/settings? tab=ads or via the US page https://www.aboutads.info/choices/ or the EU page https://www.youronlinechoices.com/. The settings are platform-independent, i.e. they are adopted for all devices, such as desktop computers or mobile devices.
40. TWITTER
Within our online offer, functions and content of the Twitter service can be integrated, offered by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. This may include, for example, content such as images, videos or texts and buttons with which users can express their favor regarding the content, subscribe to the authors of the content or our contributions. If the users are members of the Twitter platform, Twitter can call the above-mentioned Assign content and functions to the profiles of the users there. Privacy policy of Instgram: https://twitter.com/de/privacy. Twitter is certified under the Privacy Shield Agreement and thus offers a guarantee of compliance with European data protection law
(https://www.privacyshield.gov/participant? id=a2zt0000000TORzAAO&status=Active). Privacy Policy: https://twitter.com/de/privacy, Opt-Out: https://twitter.com/personalization.
41. INSTAGRAM
Within our online offer, functions and content of the Instagram service can be integrated, offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA, 94025, USA. This may include, for example, content such as images, videos or texts and buttons with which users can express their favor regarding the content, subscribe to the authors of the content or our contributions. If the users are members of the Instagram platform, Instagram can use the call of the above-mentioned Assign content and functions to the profiles of the users there. Privacy Policy of Instgram: https://instagram.com/about/legal/privacy/.
42. PINTEREST
Within our online offer, functions and content of the Pinterest service can be integrated, offered by Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA. This may include, for example, content such as images, videos or texts and buttons with which users can express their favor regarding the content, subscribe to the authors of the content or our contributions. If the users are members of the Pinterest platform, Pinterest can call up the above-mentioned Assign content and functions to the profiles of the users there. Pinterest privacy policy: https://about.pinterest.com/de/privacy-policy.
43. XING
Within our online offer, functions and content of the Xing service can be integrated, offered by XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany. This may include, for example, content such as images, videos or texts and buttons with which users can express their favor regarding the content, subscribe to the authors of the content or our contributions. If the users are members of the Xing platform, Xing can call the above-mentioned Assign content and functions to the profiles of the users there. Privacy Policy of Xing: https://www.xing.com/app/share? op=data_protection.
45. CHANGES TO THE PRIVACY POLICY
We reserve the right to change the privacy policy in order to adapt it to changed legal situations, or in the event of changes to the service and data processing. However, this only applies with regard to declarations on data processing. If the consent of the users is required or components of the data protection declaration contain regulations of the contractual relationship with the users, the changes will only be made with the consent of the users.
Users are asked to inform themselves regularly about the content of the privacy policy.
46. FURTHER INFORMATION
We make every effort to store your personal data by seizing all technical and organizational possibilities in such a way that they are not accessible to third parties. When communicating by e-mail, complete data security cannot be guaranteed, so we recommend that you send confidential information by post.
Our employees and the service companies commissioned by us are obliged to maintain confidentiality and comply with the provisions of the Federal Data Protection Act and other professional data protection regulations. For questions, suggestions or comments on the subject of data protection, please contact us by e-mail: info@xelag.com
Data protection declaration according to the model of lawyer Dr. Thomas Schwenke.