Disclaimer
kwb Germany GmbH is a limited liability company having it´s headquarters in Stuhr.
Managing director:
Markus Vieler
Postal address:
kwb Germany GmbH
Hauptstrasse 132
28816 Stuhr, Germany
Phone: +49 421 8994-0
Fax: +49 421 8994-103
E-Mail: [email protected]
kwb Germany GmbH is registered in the trade register of the local court of Walsrode, Germany under HRB 203784.
The sales tax ID number of kwb Germany GmbH is DE282743311.
The WEEE registration number of kwb Germany GmbH is WEEE-Reg.-No. DE34875094.
The statistics of the Federal Ministry for the Environment on electrical and electronic equipment can be accessed via the following link:
https://www.bmuv.de/themen/kreislaufwirtschaft/statistiken/elektro-und-elektronikgeraete
General terms and conditions
of the kwb Germany GmbH, 28816 Stuhr, as of 1 August 2011.
Validity
We provide our deliveries and services exclusively on the basis of these Standard Business Conditions. Any deviating terms and conditions of business of our partner which we have not expressly acknowledged shall not be valid.
Quotation and conclusion of contract
Our quotations are without engagement and non-binding. Orders/listings shall become binding only upon our written acknowledgement. The same shall apply to any supplement, alteration and subsidiary agreement.
The information, drawings, illustrations and performance descriptions contained in catalogues, price lists and any document belonging to the quotation are approximate values customary in the trade, unless where expressly stated to be binding in the order acknowledgment.
We reserve proprietary rights and copyrights in figures, drawings, calculations and other documents. This also applies to such documents in writing which are identified as "confidential". The customer is required to obtain our expressive agreement in writing prior to any circulation to third parties.
The information, drawings, illustrations and performance descriptions contained in catalogues, price lists and any document belonging to the quotation are approximate values customary in the trade, unless where expressly stated to be binding in the order acknowledgment.
We reserve proprietary rights and copyrights in figures, drawings, calculations and other documents. This also applies to such documents in writing which are identified as "confidential". The customer is required to obtain our expressive agreement in writing prior to any circulation to third parties.
Pricing terms
Unless stated otherwise, we shall be bound to the prices quoted in our quotations for a period of 30 days from the date of the quotation. The relevant prices are the prices quoted in euros in the order acknowledgment plus the applicable statutory value-added tax. Any additional deliveries and services will be charged separately.
Unless otherwise agreed, prices are quoted free at the place of destination in Germany (from the net minimum value of goods defined in the relevant price list as amended from time to time) including freight, postage, insurance and customary packaging.
If a considerable change of the cost of lab our, material or energy occurs, then each of the contractual partners shall be entitled to demand reasonable adjustment of the price taking into account these factors.
Unless otherwise agreed, prices are quoted free at the place of destination in Germany (from the net minimum value of goods defined in the relevant price list as amended from time to time) including freight, postage, insurance and customary packaging.
If a considerable change of the cost of lab our, material or energy occurs, then each of the contractual partners shall be entitled to demand reasonable adjustment of the price taking into account these factors.
Delivery
The delivery time shall be deemed to have been agreed only approximately. Even if a specific calendar date is specified as the delivery date, this shall not make the deal a transaction for delivery by a fixed date within the meaning of Section 376 (1) of the German Commercial Code (HGB).
To be a transaction for delivery by a fixed date, it shall additionally be required that the contractual partners agree that e.g. in the case of seasonal goods or advertising campaigns the contract may readily be terminated by rescission if the delivery time is not adhered to and that, if we are to blame, damages for non-performance may be claimed.
Apart from that, delivery times or dates which may be agreed bindingly or non-bindingly shall require to be agreed in writing.
Even in the case of bindingly agreed times and/or dates, we shall not be liable for any delay in delivery or performance due to force majeure events or due to any event making delivery by us significantly difficult or impossible, which events shall in particular include industrial action, unrest, action taken by the authorities, non-delivery by our suppliers etc.
Any such event shall entitle us to postpone the delivery or the provision of the service by a period of time equal to the time of the impediment plus a reasonable start-up time or to rescind the contract in part or in whole due to the part not yet performed, without the partner being entitled to claim damages based on this.
If the partner suffers any of the impediments specified above, then the same legal consequences shall apply to its obligation to take delivery.
Each of the partners shall be obligated to inform the other partner forthwith of the start and end of any impediment of the kind specified above.
Partial delivery and partial performance shall be admissible to the extent they are customary in the trade and shall be invoiced separately. They shall as an exception be in admissible if partial performance of the contract is not in the interest of the partner.
If any later change of the contract made by the partner affects the delivery time, then it may be extended reasonably.
If we fall behind with delivery and if this causes any loss to the partner, it shall be entitled to claim a lump-sum compensation for delayed delivery. The compensation shall be 0.5% per full week of delay of the value of that part of the total delivery which cannot be used as scheduled or as provided by the contract due to the delay, however, in the aggregate not exceed 5% of that value. Apart from that, the provisions of sections 34 to 38 hereof shall apply to the liability for damages for non-performance.
Retention of title
We reserve the ownership of the goods delivered until any and all claims arising from the business relationship with the partner have been satisfied.
The partner shall be entitled to sell these goods in the course of ordinary business, provided that is has discharged of its obligations arising from the business relationship with us in due time. However, it may neither pledge nor assign as security the goods subject to retention of title. The partner shall be obligated to safeguard our rights when it sells the goods subject to retention of title on credit.
If the partner falls behind with payment, we shall be entitled to demand surrender of the goods subject to retention of title at the partner‘s expense even without rescission after setting of a reasonable period of grace.
The partner shall be entitled to process and/or combine or mix the goods delivered with other goods not owned by us in the ordinary course of its business. The goods subject to retention of title are processed on our behalf without any obligation arising for us. If our goods are processed and/or combined or mixed with other goods not owned by us, we shall have co-ownership of the new goods in proportion to the invoice value of the goods subject to retention of title to the value of the other goods processed at the time of processing, combination or mixing. If the partner acquires sole ownership of the new object, it shall already now assign to us co-ownership of the new object in the proportion of the invoice value of our goods subject to retention of title to the value of the other goods processed at the time of processing, combination or mixing and keep the object on our behalf with the due diligence of a prudent businessman.
The partner already now assigns to us as security any and all claims and rights resulting from the sale of the goods in which we have proprietary rights. We hereby accept the assignment.
If our goods are sold after processing, combination or mixing or if the new goods created by the processing, combination or mixing are sold, then the partner’s receivables from the customer shall be assigned in the amount of the invoice value of our processed, combined or mixed goods or only in the amount that corresponds to our co-ownership share if that share is lower.
The partner shall forthwith inform us about any execution measures by third parties imposed on the goods subject to retention of title, the claims assigned to us or other securities and provide the documents required for intervention. The same shall apply to impediments of any other nature.
At the partner’s request, we shall release the securities to which we are entitled as per the above provisions in so far as the marketable value of the goods subject to retention of title exceeds the receivables to be secured by more than 10%. Upon redemption of all our receivables from the business relationship, ownership of the goods subject to retention of title and the receivables assigned shall be reassigned to the partner.
The partner shall be entitled to sell these goods in the course of ordinary business, provided that is has discharged of its obligations arising from the business relationship with us in due time. However, it may neither pledge nor assign as security the goods subject to retention of title. The partner shall be obligated to safeguard our rights when it sells the goods subject to retention of title on credit.
If the partner falls behind with payment, we shall be entitled to demand surrender of the goods subject to retention of title at the partner‘s expense even without rescission after setting of a reasonable period of grace.
The partner shall be entitled to process and/or combine or mix the goods delivered with other goods not owned by us in the ordinary course of its business. The goods subject to retention of title are processed on our behalf without any obligation arising for us. If our goods are processed and/or combined or mixed with other goods not owned by us, we shall have co-ownership of the new goods in proportion to the invoice value of the goods subject to retention of title to the value of the other goods processed at the time of processing, combination or mixing. If the partner acquires sole ownership of the new object, it shall already now assign to us co-ownership of the new object in the proportion of the invoice value of our goods subject to retention of title to the value of the other goods processed at the time of processing, combination or mixing and keep the object on our behalf with the due diligence of a prudent businessman.
The partner already now assigns to us as security any and all claims and rights resulting from the sale of the goods in which we have proprietary rights. We hereby accept the assignment.
If our goods are sold after processing, combination or mixing or if the new goods created by the processing, combination or mixing are sold, then the partner’s receivables from the customer shall be assigned in the amount of the invoice value of our processed, combined or mixed goods or only in the amount that corresponds to our co-ownership share if that share is lower.
The partner shall forthwith inform us about any execution measures by third parties imposed on the goods subject to retention of title, the claims assigned to us or other securities and provide the documents required for intervention. The same shall apply to impediments of any other nature.
At the partner’s request, we shall release the securities to which we are entitled as per the above provisions in so far as the marketable value of the goods subject to retention of title exceeds the receivables to be secured by more than 10%. Upon redemption of all our receivables from the business relationship, ownership of the goods subject to retention of title and the receivables assigned shall be reassigned to the partner.
Liability for defects
We shall be liable for free-of-defects manufacture of the goods delivered by us.
We shall not be liable for defects caused by improper or inexpert use, incorrect assembly or commissioning by the partner or any third party, usual wear and tear, incorrect or careless treatment, and also not for the consequences of inexpert alterations or maintenance by the partner or any third party made without our consent. The same shall apply to defects that just insignificantly reduce the goods‘ value or fitness for use.
Claims for defects under Section 437 of the German Civil Code (BGB) shall become statute barred after one year after delivery.
The partner shall without delay upon receipt of the goods at the place of destination, however, at the latest within two weeks of receipt, notify us in writing of any obvious or noticeable defects, and forthwith upon detection of any hidden defect.
In the event of a justified notification of defects given in time we shall at our choice remedy or supply fault-free replacement of the goods complained about.
If, within a reasonable period of time, we fail to discharge of these obligations or fail to discharge of them as contractually agreed, the Partner shall be entitled to fix a final time-limit within which we must discharge of our obligations. Upon unsuccessful expiry of the time-limit, the partner shall be entitled to demand reduction of the price, rescind the contractor do the necessary subsequent improvement itself or have it done by a third party at our expense and risk. If subsequent improvement has been successfully effected by the partner or a third party, then any and all of the partner’s claims shall be deemed to have been settled upon refunding of the reasonable expenses the partner has incurred. Expenses shall not be refunded to the extent they have increased because the goods have been brought to another place after delivery by us, unless where this means use of the goods as intended.
We shall not be liable for defects caused by improper or inexpert use, incorrect assembly or commissioning by the partner or any third party, usual wear and tear, incorrect or careless treatment, and also not for the consequences of inexpert alterations or maintenance by the partner or any third party made without our consent. The same shall apply to defects that just insignificantly reduce the goods‘ value or fitness for use.
Claims for defects under Section 437 of the German Civil Code (BGB) shall become statute barred after one year after delivery.
The partner shall without delay upon receipt of the goods at the place of destination, however, at the latest within two weeks of receipt, notify us in writing of any obvious or noticeable defects, and forthwith upon detection of any hidden defect.
In the event of a justified notification of defects given in time we shall at our choice remedy or supply fault-free replacement of the goods complained about.
If, within a reasonable period of time, we fail to discharge of these obligations or fail to discharge of them as contractually agreed, the Partner shall be entitled to fix a final time-limit within which we must discharge of our obligations. Upon unsuccessful expiry of the time-limit, the partner shall be entitled to demand reduction of the price, rescind the contractor do the necessary subsequent improvement itself or have it done by a third party at our expense and risk. If subsequent improvement has been successfully effected by the partner or a third party, then any and all of the partner’s claims shall be deemed to have been settled upon refunding of the reasonable expenses the partner has incurred. Expenses shall not be refunded to the extent they have increased because the goods have been brought to another place after delivery by us, unless where this means use of the goods as intended.
Payment terms
Unless otherwise agreed, all invoices shall become due for payment without deduction after delivery of the goods within30 days of the invoice date. If payment is made within 14 days of the invoice date, we shall grant a 2% discount, provided that the partner is not in arrears with other payments.
Where it is not disputed that we have supplied partially defective goods, our partner shall nevertheless be obligated to pay for that part of the goods which is not defective, unless partial delivery is not in the interest of the partner. Apart from that, the partner shall be entitled to set off any claim only against final or undisputed counter-claims.
If any payment is delayed, we shall be entitled to demand interest for default in the statutory amount as well as reasonable dunning charges which shall at least be €5 per dunning letter.
If any payment is delayed, we shall be entitled to stop discharging our obligations after written notification of the partner until the relevant payments are received.
Bills of exchange and cheques shall be accepted only by arrangement and only in lieu of performance and under the precondition of their discount ability. Discount charges shall be charged from the day the invoice amount is due. Any guarantee of correct presentation of the bill for acceptance and for bill protest shall be excluded.
If the partner uses a central settlement organization, then the invoice shall be settled only upon the crediting of the amount to our account.
If after conclusion of the contract it becomes foreseeable that our payment claim will be threatened by the partner’s insufficient ability to perform, we shall be entitled to refuse to deliver and set the partner a reasonable time-limit within which it shall match payment with delivery or furnish security. If the partner refuses this or if the time-limit expires unsuccessfully, we shall be entitled to rescind the contract and claim damages for non-performance.
Where it is not disputed that we have supplied partially defective goods, our partner shall nevertheless be obligated to pay for that part of the goods which is not defective, unless partial delivery is not in the interest of the partner. Apart from that, the partner shall be entitled to set off any claim only against final or undisputed counter-claims.
If any payment is delayed, we shall be entitled to demand interest for default in the statutory amount as well as reasonable dunning charges which shall at least be €5 per dunning letter.
If any payment is delayed, we shall be entitled to stop discharging our obligations after written notification of the partner until the relevant payments are received.
Bills of exchange and cheques shall be accepted only by arrangement and only in lieu of performance and under the precondition of their discount ability. Discount charges shall be charged from the day the invoice amount is due. Any guarantee of correct presentation of the bill for acceptance and for bill protest shall be excluded.
If the partner uses a central settlement organization, then the invoice shall be settled only upon the crediting of the amount to our account.
If after conclusion of the contract it becomes foreseeable that our payment claim will be threatened by the partner’s insufficient ability to perform, we shall be entitled to refuse to deliver and set the partner a reasonable time-limit within which it shall match payment with delivery or furnish security. If the partner refuses this or if the time-limit expires unsuccessfully, we shall be entitled to rescind the contract and claim damages for non-performance.
Sales displays
Sales displays made available to the partner free of charge shall remain our property and may be reclaimed at any time. While the partner is using the sales displays, any risk associated with this shall be transferred to the partner. The partner undertakes to use the sales displays for our goods only and to pay damages if they are lost or damaged through its fault.
Other claims
Unless where otherwise provided for in the following, other and additional claims by the partner against us shall be excluded. This shall in particular apply to claims for damages based on delay, impossibility of performance, culpable breach of other contractual duties, culpa in contrahendo and tort. We shall, therefore, not be liable for any damage caused not to the goods delivered themselves. In particular, we shall not be liable for lost profit or any other financial loss suffered by the partner.
The above liability limitations shall not apply if we cause damage deliberately or grossly negligently or if we breach fundamental contractual obligations. If we breach a fundamental contractual obligation, we shall be liable only for the reasonably foreseeable damage typically occurring in connection with this kind of contract.
The above liability limitations shall also not apply in cases in which liability for defects in the goods delivered applies under the product liability act for injury to persons and damage to property caused to objects used privately. The liability limitations shall also not apply in the case of culpable injury of health, life and limb and in the case of fraudulent concealment of a defect.
Where a guarantee of quality is given, claims for damages based on any damage not caused through our fault may only be asserted if the guarantee was intended to prevent typical consequential harm caused by a defect.
The partner’s rights of recourse under Sections 478, 479 of the German Civil Code (BGB) shall exist only if the prerequisites of Section 474 BGB are met and only in so far as the partner has not made an agreement with its customer that exceeds the statutory claims for defects and rights of recourse. Furthermore, the last sentence of section 25 shall apply by analogy to the extent of the rights of recourse.
If and where liability on our part is limited or excluded, this shall also go for the personal liability of our legal representatives and vicarious agents.
The above liability limitations shall not apply if we cause damage deliberately or grossly negligently or if we breach fundamental contractual obligations. If we breach a fundamental contractual obligation, we shall be liable only for the reasonably foreseeable damage typically occurring in connection with this kind of contract.
The above liability limitations shall also not apply in cases in which liability for defects in the goods delivered applies under the product liability act for injury to persons and damage to property caused to objects used privately. The liability limitations shall also not apply in the case of culpable injury of health, life and limb and in the case of fraudulent concealment of a defect.
Where a guarantee of quality is given, claims for damages based on any damage not caused through our fault may only be asserted if the guarantee was intended to prevent typical consequential harm caused by a defect.
The partner’s rights of recourse under Sections 478, 479 of the German Civil Code (BGB) shall exist only if the prerequisites of Section 474 BGB are met and only in so far as the partner has not made an agreement with its customer that exceeds the statutory claims for defects and rights of recourse. Furthermore, the last sentence of section 25 shall apply by analogy to the extent of the rights of recourse.
If and where liability on our part is limited or excluded, this shall also go for the personal liability of our legal representatives and vicarious agents.
Secrecy
Unless expressly agreed otherwise in writing, the information on which this contract is based shall not be regarded as secret.
Governing law, place of jurisdiction, severability and transferability of contractual rights
These Standard Business Conditions and the entire legal relationship between the parties hereto shall be governed by the laws of the Federal Republic of Germany. Application of the UN Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) shall be excluded.
The place of jurisdiction for any and all legal disputes, also in the context of any proceeding based on a cheque and/or a bill of exchange shall be the place where we have our registered office, provided that the partner is a merchant, a corporate body under public law or a public special fund. We shall also be entitled to bring an action at the place where the partner has its registered office.
Should any of the provisions of these Standard Business Conditions or any provision in the context of other agreements be or become invalid, then this shall not affect the validity of the contract or agreement. In such a case, the partners shall be obligated to replace the invalid provision by a relevant valid provision coming as close as possible to the commercial effect of the invalid provision.
Transfer or assignment of any of the parties‘ contractual rights shall require mutual agreement.
Governing law, place of jurisdiction, severability and transferability of contractual rights
These Standard Business Conditions and the entire legal relationship between the parties hereto shall be governed by the laws of the Federal Republic of Germany. Application of the UN Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) shall be excluded.
The place of jurisdiction for any and all legal disputes, also in the context of any proceeding based on a cheque and/or a bill of exchange shall be the place where we have our registered office, provided that the partner is a merchant, a corporate body under public law or a public special fund. We shall also be entitled to bring an action at the place where the partner has its registered office.
Should any of the provisions of these Standard Business Conditions or any provision in the context of other agreements be or become invalid, then this shall not affect the validity of the contract or agreement. In such a case, the partners shall be obligated to replace the invalid provision by a relevant valid provision coming as close as possible to the commercial effect of the invalid provision.
Transfer or assignment of any of the parties‘ contractual rights shall require mutual agreement.
Transfer of risk, costs of packaging
Delivery is agreed "ex works", provided that nothing else is stated in the order confirmation.
Separate agreements apply for the return of packaging.
We will cover the delivery by a transport insurance if so desired by the customer; the costs accruing for this service shall be borne by the customer.
Separate agreements apply for the return of packaging.
We will cover the delivery by a transport insurance if so desired by the customer; the costs accruing for this service shall be borne by the customer.
Applicable law, jurisdiction, partial invalidity and transferability of the contract rights
Unless expressly agreed otherwise in writing, the information on which this contract is based shall not be regarded as secret.
Governing law, place of jurisdiction, severability and transferability of contractual rights
These Standard Business Conditions and the entire legal relationship between the parties hereto shall be governed by the laws of the Federal Republic of Germany. Application of the UN Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) shall be excluded.
The place of jurisdiction for any and all legal disputes, also in the context of any proceeding based on a cheque and/or a bill of exchange shall be the place where we have our registered office, provided that the partner is a merchant, a corporate body under public law or a public special fund. We shall also be entitled to bring an action at the place where the partner has its registered office.
Should any of the provisions of these Standard Business Conditions or any provision in the context of other agreements be or become invalid, then this shall not affect the validity of the contract or agreement. In such a case, the partners shall be obligated to replace the invalid provision by a relevant valid provision coming as close as possible to the commercial effect of the invalid provision.
Transfer or assignment of any of the parties‘ contractual rights shall require mutual agreement.
Governing law, place of jurisdiction, severability and transferability of contractual rights
These Standard Business Conditions and the entire legal relationship between the parties hereto shall be governed by the laws of the Federal Republic of Germany. Application of the UN Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) shall be excluded.
The place of jurisdiction for any and all legal disputes, also in the context of any proceeding based on a cheque and/or a bill of exchange shall be the place where we have our registered office, provided that the partner is a merchant, a corporate body under public law or a public special fund. We shall also be entitled to bring an action at the place where the partner has its registered office.
Should any of the provisions of these Standard Business Conditions or any provision in the context of other agreements be or become invalid, then this shall not affect the validity of the contract or agreement. In such a case, the partners shall be obligated to replace the invalid provision by a relevant valid provision coming as close as possible to the commercial effect of the invalid provision.
Transfer or assignment of any of the parties‘ contractual rights shall require mutual agreement.
1. DATA PRIVACY STATEMENT
Thank you for visiting our websites. This text aims to provide information about how we handle your data in accordance with Art. 13 of the General Data Protection Regulation (GDPR).
Controller
The “controller” specified in the “Disclaimer” section is responsible for the collection and processing of data outlined below.
Storage of IP address
We store the IP address transmitted by your web browser strictly for the purpose intended for a duration of seven days in the interest of being able to identify, restrict, and eliminate attacks on our websites. We delete or anonymise the IP address after this period expires. The legal basis is Art. 6 par. 1 (1) letter f of the GDPR.
Usage data
If you visit our websites, so-called usage data will be saved temporarily on our web server for statistical purposes as a log in order to improve the quality of our websites. This data record consists of:
• the site from which the file was requested;
• the name of the file;
• the date and time of the query;
• the volume of data transferred;
• the access status (file transferred, file not found);
• the description of the type of web browser used;
• the IP address of the requesting computer, truncated so that it cannot be linked to you.
The specified log data will only be saved in anonymised form.
2. Data transmission to third parties
As part of commissioned data processing in accordance with Art. 28 of the GDPR, we transmit your data to service providers that support us in operating our websites and the processes associated with it. Our service providers are strictly bound by instruction to us and are obliged accordingly by contract.
Data transmission to third countries
Personal data is also transmitted to the USA whenever Google services are used. An appropriate level of data protection is thereby ensured thanks to Google’s participation in the Privacy Shield agreement (Art. 45 par. 1 of the GDPR).
3. Cookies
We use cookies on our websites. Cookies are small text files that can be stored on your device and read. A distinction is made between session cookies, which are deleted again once you close your browser, and persistent cookies, which are saved beyond the individual session. Cookies may contain information that enables your device to be recognised again in the future. However, some cookies merely contain information about certain settings that cannot be related to specific persons. We use both session cookies and persistent cookies on our websites. Data is processed on the basis of Art. 6 par. 1 (1) letter f of the GDPR, and in the interest of optimising or enabling user navigation, and adjusting the presentation of our website.
You can configure your browser so that it informs you on the setting of cookies. This makes the use of cookies transparent for you. You can also delete cookies at any time via the corresponding browser settings and prevent the setting of new cookies. Please note that our websites may no longer be displayed optimally as a result and some functions may no longer be technically available.
4. Tracking tools
Google Analytics
To optimise the design of our website, we create pseudonymous usage profiles with the help of Google Analytics. Google Analytics uses cookies that can be stored on your device and read by us. This allows us to identify returning visitors and count them as such. Data is processed on the basis of your previously given consent in accordance with Art. 6 par. 1 (1) letter a of the GDPR / Art. 6 par. 1 (1) letter f of the GDPR or Section 15 par. 3 of the Telemedia Act (TMG), and in the interest of learning how frequently our websites are accessed by different users.
The information that is generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. Since we have activated IP anonymisation on this website, your IP address will however be truncated within EU Member States. Only in exceptional cases will the full IP address be transferred to a Google server in the USA (appropriate level of protection in place in accordance with Art. 45 par. 1 of the GDPR thanks to Google’s participation in the Privacy Shield) and then truncated there. In addition, we have concluded a contract for commissioned data processing with Google Inc. (USA) in accordance with Art. 28 of the GDPR. Accordingly, Google will use all information strictly for the purpose intended in order to evaluate the use of our website for us and to compile reports about website activity.
You can object to such data processing at any time. Please use one of the following options for this:
You may refuse the use of cookies by selecting the appropriate settings on your browser; however, please note that if you do this, you may not be able to use the full functionality of this website.
You can also prevent the collection of the data relating to your use of the website (including your IP address) created by the Google cookie and the processing of such data by Google by downloading and installing the browser plug-in available at the following link.
You can also prevent data collection by Google Analytics by clicking the following link. An opt-out cookie is set, which permanently prevents the future collection of your data when visiting this website:
Click here to object to the processing of your data by Google Analytics.
5. Online marketing
By using our websites, you agree to the following type of data processing:
We use Google remarketing technologies
We use cross-device remarketing technologies from Google so that targeted advertising can be displayed on other websites based on your visit to our sites. Data is processed on the basis of your consent in accordance with Art. 6 par. 1 (1) letter a of the GDPR.
How does remarketing work?
When you visit our websites, Google may retrieve recognition features for your browser or device (e.g. by creating a so-called browser fingerprint), evaluate your IP address, or store a recognition feature in the form of a small text file on your device (e.g. a so-called third-party cookie). Google may also link your visit to our websites with one or more of these recognition features and store this information in order to display our online advertising to you when you visit other sites.
The above-mentioned recognition features are configured as pseudonyms and can be used by Google to recognise your device on other websites. For example, if you visit a site that participates in Google´s Display Network (i.e. displays ads on behalf of Google), Google may recognise your device and browser based on the features specified above.
We can also provide our websites with so-called “remarketing tags”. This means that we can include keywords in our websites that contain statements about the content of the displayed site (such as product or service categories). The keywords that we use do not contain any personal or sensitive information. Google receives and stores these keywords to the above-mentioned recognition features. So, when you visit a site that we tagged with a particular product category, Google stores that particular tag and assigns it to your recognition criteria.
By doing this, we can use Google to advertise on other websites that are based on the web pages visited. If you visit another website that participates in the Google Display Network, Google will be able to tell you, based on the recognition features and the keywords stored with these recognition features, whether and, if so, which of our advertisements are to be displayed.
For more information about how Google Remarketing technologies work, please visit https://www.google.com/policies/technologies/ads/.
What does cross-device remarketing mean?
If you sign up for Google services with your own login credentials or use one or more of your own Google accounts, Google can combine the recognition features of different browsers and devices. Thus, if Google has ever created its own recognition feature for the laptop, desktop PC, smartphone, or tablet used by you, these recognition features can be associated with each other once you use or have used a Google service with your login information. In this way, Google can target our advertising campaigns beyond devices. However, Google will do so only if you have given them your consent to this type of data processing in the past.
You can make settings for advertising.
You can object to this form of advertising at any time. To do so, please go to the web page https://support.google.com/ads/answer/2662922 and turn off personalised ads. Please note that these settings may not be applied to all devices and browsers. More information is also available at https://support.google.com/ads/answer/2662922.
DoubleClick by Google
This website uses the online marketing tool DoubleClick by Google provided by the operator Google LLC., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“DoubleClick”).
DoubleClick uses cookies in order to activate ads relevant to users, improve campaign performance reports, or to prevent a user from seeing the same ads more than once. Google uses a cookie ID to track which ads are displayed in which browser and to prevent them from being displayed more than once. Data is processed on the basis of our legitimate interest in the optimum marketing of our website in accordance with Art. 6 par. 1 letter f of the GDPR.
In addition, DoubleClick may use cookie IDs to collect so-called conversions related to ad requests. This is the case, for example, when a user sees a DoubleClick ad and later visits the advertiser´s website with the same browser and buys something there. According to Google, DoubleClick cookies do not contain any personal information.
Due to the marketing tools used, your browser automatically establishes a direct connection to the Google server. We have no influence over the volume and further use of the data collected by Google through the use of this tool, and therefore inform you according to the best of our knowledge: By integrating DoubleClick, Google receives information that you have accessed the corresponding part of our website or clicked one of our ads. If you are registered with a Google service, Google may associate your visit with your account. Even if you are not registered with Google or have not logged in, it is possible that the provider may obtain and store your IP address.
If you wish to object to this tracking procedure, you can disable cookies for conversion tracking by configuring your browser in such a way that cookies are blocked by the domain https://www.google.de/settings/ads, whereby this setting is deleted when you delete your cookies. Alternatively, you can find out more about the placement of cookies from the Digital Advertising Alliance at www.aboutads.info and make corresponding settings. Finally, you can configure your browser in such a way that you are informed about the use of cookies; you can allow cookies in individual cases only, accept cookies for specific cases, or generally exclude them. You may not be able to use all of the functions of our website if you do not accept cookies.
Google LLC based in the USA is certified under the US-European data protection agreement “Privacy Shield”, which ensures compliance with the data protection level applicable in the EU.
For more information about the data protection rules of DoubleClick by Google, please visit the following Internet address: http://www.google.de/policies/privacy/
6. Use of Google AdWords conversion tracking
This website uses the online advertising programme “Google AdWords” including conversion tracking from Google LLC., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). We use the offer of Google AdWords to draw attention to our attractive offers with the help of advertising materials (so-called Google AdWords) on external websites. We can determine in relation to the data of the advertising campaigns how successful the individual advertising measures are. We are interested in showing you advertisements that are of interest to you, to make our website more interesting for you, and to achieve a fair calculation of advertising costs.
The cookie for conversion tracking is set if a user clicks an AdWords ad placed by Google. Cookies are small text files that are stored on your computer system. These cookies generally lose their validity after 30 days and are not used for personal identification. If the cookie has not yet expired when the user visits certain pages of this website, we and Google will be able to tell that the user clicked the ad and proceeded to that page. Every Google AdWords customer receives a different cookie. Cookies cannot therefore be tracked via the websites of AdWords customers. The information obtained with the help of conversion cookies serves to create conversion statistics for AdWords customers who have chosen conversion tracking. Customers are informed of the total number of users that clicked their advert and were redirected to a page with a conversion tracking tag. However, no information is received that can be used to personally identify users. If you do not want to participate in tracking, you can object to its use by deactivating the Google conversion tracking cookie via your browser´s user settings. You will then be excluded from the conversion tracking statistics. We use Google AdWords based on our legitimate interest in targeted advertising in accordance with Art. 6 par. 1 letter f of the GDPR.
Google LLC based in the USA is certified under the US-European data protection agreement “Privacy Shield”, which ensures compliance with the data protection level applicable in the EU.
For more information about the data protection rules of Google, please visit the following Internet address: http://www.google.com/policies/privacy/
You can permanently disable cookies for advertising preferences by configuring your browser software to prevent this or by downloading and installing a corresponding plug-in available at the following link:
http://www.google.com/settings/ads/plugin?hl=en
Please note that you may not be able to use, or may only be able to use to a limited extent, certain functions of this website if you disable the use of cookies.
7. Comment function
You have the option of commenting on our posts. In this context, you are asked to specify the following data:
- name (voluntary);
- comment text.
Your comment will be published on our site. Please be aware that we may manually inspect this content before publication and that comments may therefore only appear after some delay. If you specify a name (you are welcome to use a pseudonym too), this will be published beside your comment. The legal basis for data processing is Art. 6 par. 1 (1) letter f of the GDPR. Our interest here is to enable an exchange of opinions. Please be aware that we manually approve comments before publication, which means that your comments may only appear after some delay especially on weekends.
If you wish to object to the processing of your data transmitted via the comment function, please send an email to the address specified in the “Disclaimer” section.
8. Social plug-ins
For reasons of data protection, no social plug-ins are integrated directly into our website. Therefore, no data is transferred to social-media services, e.g. Facebook, Twitter, XING, or Google+, when you visit our sites. Profiling by third parties is thus excluded.
You can still share selected web pages and articles by choosing the corresponding Facebook, Twitter, XING, or Google+ button and also see how often they have been shared in the past. For this we use the so called “Shariff” solution, developed by c’t magazine, to offer a data protection-compliant alternative to the traditional social plug-in.
What´s behind it? First, with the Shariff solution, all data and functions required to display the Facebook, Twitter, XING, or Google+ buttons are provided by our web server. Only once you have decided to share a contribution by clicking the corresponding button will the data be transferred to the operator of the respective social media service.
9. Embedded YouTube videos
We embed YouTube videos on some sub-pages of our website. YouTube contents are loaded when these sub-pages are accessed. YouTube also receives your IP address during such operations, which is technically required for accessing the contents. Data is processed on the basis of Art. 6 par. 1 (1) letter f of the GDPR (interest in giving you an overall impression of our company). We basically have no influence over any further processing carried out by YouTube. However, when embedding the videos, we made sure to activate the extended data protection mode option provided by YouTube.
10. Amazon partner programme
On the basis of our legitimate interests (i.e. interest in the economic operation of our online offer within the meaning of Art. 6 par. 1 (1) letter f of the GDPR), we are participants in the Amazon EU Associates Programme, an affiliate advertising programme designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.de (so-called affiliate system). This means that we earn money on qualified purchases as an Amazon partner.
Amazon uses cookies to trace the origin of the orders. Among other things, Amazon can recognise that you have clicked the partner link on this website and then purchased a product on Amazon.
You can find additional information about data use by Amazon, and your options to object, in Amazon’s data privacy statement at: https://www.amazon.de/gp/help/customer/display.html?nodeId=201909010.
Note: Amazon and the Amazon logo are trademarks of Amazon.com, Inc., or one of its affiliate companies.
11. Contact form
You can get in contact with us using a web form. To use the form, you need to give us your name and email address. You can provide further details but are not obliged to do so.
CONSENT
By sending this mail form, you agree that the data you enter may be collected and stored electronically. The legal basis for data processing is Art. 6 par. 1 (1) letter a of the GDPR. We use your data for the sole purpose of processing your query. You can revoke your consent at any time e.g. by sending an email to [email protected].
12. Applications
You have the option of sending us online applications. We process your personal data in accordance with the applicable data protection provisions on the basis of Section 26 of the new Federal Data Protection Act (BDSG-neu). We process the data you provide to us as part of your online application only for the purpose of selecting a candidate. Data is not processed for any other purposes.
You yourself determine the scope of data that you want to send to us as part of your online application. Online applications are electronically transferred to our HR department and processed there swiftly. Data is transferred with encryption. Applications are usually forwarded to the head of the relevant department within our company. Your data is not transferred to any other parties. Your details are treated as confidential within our company. Your documents will be deleted after a period of [6 months] if your application has not been successful.
In order to consider your application for other or future vacancies, we require that you state this in your application. We will then process your data on the basis of Art. 6 par. 1 (1) letter a of the GDPR.
13. Explaining our security measures
Data security
In order to protect your data against unwanted access as comprehensively as possible, we take appropriate technical and organisational measures. We use an encryption method on our sites. Your information is transferred from your computer to our server and vice versa via the Internet by means of TLS encryption. You recognise this by the fact that the lock symbol is closed in the status bar of your browser and the address bar starts with https://.
14. User rights
Your rights as a user
When processing your personal data, the GDPR grants you certain rights as a website user.
1. Right of access (Art. 15 of the GDPR):
You have the right to request confirmation as to whether personal data concerning you is being processed; if this is the case, you have a right to access personal data and you have a right to access the information listed in Art. 15 of the GDPR.
2. Right to rectification and erasure (Art. 16 and 17 of the GDPR):
You have the right to request that inaccurate personal data concerning you be corrected and if applicable any incomplete personal data be supplemented without delay.
You have the right to request that personal data concerning you be deleted without delay provided that one of the reasons listed in Art. 17 of the GDPR applies, e.g. if the data is no longer required for the purposes pursued.
3. Right to restriction of processing (Art. 18 of the GDPR):
You have the right to request that the processing of data be restricted if one of the prerequisites listed in Art. 18 of the GDPR applies, i.e. if you have objected to its processing for the duration of any inspection carried out.
4. Right to data portability (Art. 20 of the GDPR):
In certain cases that are listed in detail in Art. 20 of the GDPR, you have the right to receive personal data concerning you in a structured, standard, and machine-readable format, or to request the transmission of this data to a third party.
5. Right to object (Art. 21 of the GDPR):
If data is collected on the basis of Art. 6 par. 1 (1) letter f of the GDPR (data processing to safeguard legitimate interests), you have the right to object, on grounds relating to your particular situation, to its processing at any time. We shall then no longer process the relevant personal data unless we can demonstrate compelling, legitimate grounds for its processing, which override the interests, rights, and freedoms of the data subject, or its processing is required for the establishment, exercise, or defence of legal claims.
6. Right to file a complaint with a supervisory authority
In accordance with Art. 77 of the GDPR, you have the right to file a complaint with a supervisory authority if you believe that the processing of your personal data infringes upon data protection provisions. This right can be exercised in particular with a supervisory authority in the Member State of your habitual residence, place of work, or place of the alleged infringement.
15. Data privacy statement for our social media pages
This text aims to provide information about how we handle your data in accordance with Art. 13 of the General Data Protection Regulation (GDPR).
15.1 Controller
We, kwb Germany GmbH, operate the following social media pages:
- Facebook: https://www.facebook.com/kwbgermany/
- YouTube: www.youtube.com/user/kwbtools
- Instagram: https://www.instagram.com/kwb_germany_gmbh/
- Google+: https://plus.google.com/+kwbtoolsGmbHStuhr
- Twitter: https://twitter.com/kwb_Germany
You can find our contact details in our Disclaimer section.
In addition to us, the operator of the social media platform also processes data. This party is also considered a “controller”; someone who also processes data but over whom we have limited influence. Where we can exert influence and parameterise the processing of data, we are guided by the privacy-compliant handling of data by the operator within the scope of the options available to us. In many areas, however, we cannot influence the processing of data by the operator of the social media platform, and moreover do not know precisely what data this party processes. The website operator provides clarification on this in their respective privacy policy.
15.2 Data processing by us
The data you enter on our social media pages, e.g. comments, videos, images, likes, public messages, etc., is published by the social media platform and is never used or processed by us for any other purpose. We only reserve the right to delete contents if this is necessary. We may share your contents on our site if this is a function of the social media platform and communicate with you via the social media platform. The legal basis is Art. 6 par. 1 (1) letter f of the GDPR. Data is processed in the interest of our PR activities and communication.
If you wish to object to a certain type of data processing where we can exert influence, please refer to the contact details listed in the “Disclaimer” section. We will then assess your objection or forward it to the social media platform when required.
If you submit a query on the social media platform, depending on the required response, we may refer it to another, secure communication channel where confidentiality is guaranteed. You always have the option of sending confidential queries to the address specified in our “Disclaimer” section.
As already mentioned, we ensure that our social media pages are as privacy-compliant as possible where this is permitted by the provider of the social media platform. In particular, therefore, we ensure that we do not use demographic, interest-based, behaviour-based, or location-based target group definitions for advertising, which may be provided to us by the operator of the social media platform. In terms of statistics which the provider of the social media platform supplies to us, we can only influence these to an extent and cannot turn them off either. However, we ensure that no additional optional statistics are provided to us.
15.3 Data processing by the operator of the social media platform
The operator of the social media platform uses web tracking methods. Web tracking can also take place irrespective of whether you are logged in to or registered with the social media platform. As already shown, unfortunately we have little influence over the web tracking methods employed by the social media platform. In other words, we cannot turn this off.
Please be aware that we cannot rule out that the provider of the social media platform will use your profile and behavioural data to evaluate e.g. your habits, personal relationships, preferences, etc. In this respect, we have no influence over the processing of your data by the provider of the social media platform.
More information about data processing by the provider of the social media platform and other options to object can be found in their privacy statements:
- Facebook: https://www.facebook.com/privacy/explanation
- YouTube: https://policies.google.com/privacy?hl=en&gl=en
- Instagram: https://help.instagram.com/519522125107875
- Google+: https://policies.google.com/privacy?hl=en
- Twitter: https://twitter.com/en/privacy
In cases where responsibility for processing of data is shared with the social media platform, you can find the significant content of the joint processing policy regarding your data here:
- Facebook: https://www.facebook.com/legal/terms/page_controller_addendum
15.4 Your rights as a user
When processing your personal data, the GDPR grants you certain rights as a website user.
15.4.1.) Right to access (Art. 15 of the GDPR):
You have the right to request confirmation as to whether personal data concerning you is being processed; if this is the case, you have a right to access personal data and you have a right to access the information listed in Art. 15 of the GDPR.
15.4.2.) Right to rectification and erasure (Art. 16 and 17 of the GDPR):
You have the right to request that inaccurate personal data concerning you be corrected and if applicable any incomplete personal data be supplemented without delay.
You have the right to request that personal data concerning you be deleted without delay provided that one of the reasons listed in Art. 17 of the GDPR applies, e.g. if the data is no longer required for the purposes pursued.
15.4.3.) Right to restriction of processing (Art. 18 of the GDPR):
You have the right to request that the processing of data be restricted if one of the prerequisites listed in Art. 18 of the GDPR applies, i.e. if you have objected to its processing for the duration of any inspection carried out.
15.4.4.) Right to data portability (Art. 20 of the GDPR):
In certain cases that are listed in detail in Art. 20 of the GDPR, you have the right to receive personal data concerning you in a structured, standard, and machine-readable format, or to request the transmission of this data to a third party.
15.4.5.) Right to object (Art. 21 of the GDPR):
If data is collected on the basis of Art. 6 par. 1 letter f of the GDPR (data processing to safeguard legitimate interests), you have the right to object, on grounds relating to your particular situation, to its processing at any time. We shall then no longer process the relevant personal data unless we can demonstrate compelling, legitimate grounds for its processing, which override the interests, rights, and freedoms of the data subject, or its processing is required for the establishment, exercise, or defence of legal claims.
15.5 Right to file a complaint with a supervisory authority
In accordance with Art. 77 of the GDPR, you have the right to file a complaint with a supervisory authority if you believe that the processing of your personal data infringes upon data protection provisions. This right can be exercised in particular with a supervisory authority in the Member State of your habitual residence, place of work, or place of the alleged infringement.
16. Contact details of the data protection officer
Our data protection officer welcomes any information or suggestions that you might have in relation to data protection:
Dr Uwe Schläger
datenschutz nord GmbH
Konsul-Smidt-Straße 88
28217 Bremen, Germany
Web: www.datenschutz-nord-gruppe.de
Email: [email protected]
Telephone: 0049 (0) 421 69 66 32 0
Einhell Compliance – our sense of responsibility
The corporate culture at Einhell Germany AG is characterised by clear responsibility, mutual respect and trust. Lawful and ethical conduct are an integral part of our business activities and an important prerequisite for sustainably securing our business success. Our primary goal is to avoid risks that damage the trust our customers, shareholders, business partners and the public have in Einhell Germany AG.
Whistleblowing procedure
All employees can direct any questions they may have to their managers and to the relevant departments at Einhell Germany AG, in particular the Legal Department and the Corporate Audit Office.
The Einhell Compliance Contact is also available to all employees, customers, suppliers and other external partners as a reference point for all compliance-related questions. The same applies if weaknesses or other circumstances are noted that may lead to infringements of the law. Einhell Germany AG assures that all enquiries and reports received will be treated confidentially and will not make any attempts to identify the person who has made the report. This does not apply to abusive or false reports.
The Einhell Compliance Contact is available in German and English:
Email: [email protected]
Information nach Art. 13 DSGVO für Bewerber
Die Einhaltung datenschutzrechtlicher Vorgaben hat einen hohen Stellenwert für unser Unternehmen. Wir möchten Sie nachfolgend über die Erhebung Ihrer personenbezogenen Daten bei uns aufklären:
Verantwortliche Stelle:
Für die Datenerhebung und -verarbeitung ist das Unternehmen verantwortlich, bei dem Sie sich beworben haben.
Daten, die wir benötigen:
Bei der Bewerbung verarbeiten wir Daten von Ihnen, die wir im Rahmen der Bewerbung benötigen. Dies können Kontaktdaten, alle mit der Bewerbung in Verbindung stehenden Daten (Lebenslauf, Zeugnisse, Qualifikationen, Antworten auf Fragen etc.) sowie ggf. Daten zur Bankverbindung (um Reisekosten zu erstatten) sein. Die Rechtsgrundlage hierfür ergibt sich aus § 26 Bundesdatenschutzgesetz.
Datenlöschung:
Soweit keine gesetzliche Aufbewahrungsfrist existiert, werden die Daten gelöscht, sobald eine Speicherung nicht mehr erforderlich, bzw. das berechtigte Interesse an der Speicherung erloschen ist. Sofern keine Einstellung erfolgt, ist dies regelmäßig spätestens sechs Monate nach Abschluss des Bewerbungsverfahrens der Fall.
In Einzelfällen kann es zu einer längeren Speicherung von einzelnen Daten kommen (z. B. Reisekostenabrechnung). Die Dauer der Speicherung richtet sich dann nach den gesetzlichen Aufbewahrungspflichten bspw. aus der Abgabenordnung (6 Jahre) oder dem Handelsgesetzbuch (10 Jahre).
Sofern es nicht zu einer Einstellung gekommen ist, Ihre Bewerbung aber weiterhin für uns interessant ist, fragen wir Sie, ob wir Ihre Bewerbung für künftige Stellenbesetzungen weiter vorhalten dürfen.
Vertrauliche Behandlung Ihrer Daten:
Ihre Daten behandeln wir selbstverständlich vertraulich und übermitteln diese nicht an Dritte.
Ggf. setzen wir streng weisungsgebundene Dienstleister ein, die uns z.B. in den Bereichen EDV oder der Archivierung und Vernichtung von Dokumenten unterstützen und mit denen gesonderte Verträge zur Auftragsverarbeitung geschlossen wurden.
Ihre Datenschutzrechte:
Als betroffene Person haben Sie das Recht auf Auskunft über die Sie betreffenden personenbezogenen Daten sowie auf Berichtigung unrichtiger Daten oder auf Löschung, sofern einer der in Art. 17 DSGVO genannten Gründe vorliegt, z.B. wenn die Daten für die verfolgten Zwecke nicht mehr benötigt werden. Es besteht zudem das Recht auf Einschränkung der Verarbeitung, wenn eine der in Art. 18 DSGVO genannten Voraussetzungen vorliegt und in den Fällen des Art. 20 DSGVO das Recht auf Datenübertragbarkeit.
Jede betroffene Person hat das Recht auf Beschwerde bei einer Aufsichtsbehörde, wenn sie der Ansicht ist, dass die Verarbeitung der sie betreffenden Daten gegen datenschutzrechtliche Bestimmungen verstößt. Das Beschwerderecht kann insbesondere bei einer Aufsichtsbehörde in dem Mitgliedstaat des Aufenthaltsorts oder des Arbeitsplatzes der betroffenen Person oder des Orts des mutmaßlichen Verstoßes geltend gemacht werden.
Unser Datenschutzbeauftragter:
Sie haben zudem das Recht, sich jederzeit an unseren Datenschutzbeauftragten zu wenden, der bezüglich Ihrer Anfrage zur Verschwiegenheit verpflichtet ist. Die Kontaktdaten unseres Datenschutzbeauftragten lauten:
Dr. Uwe Schläger
datenschutz nord GmbH
Konsul-Smidt-Straße 88
28217 Bremen
Web: www.datenschutz-nord-gruppe.de
E-Mail: [email protected]
Telefon: 0421 69 66 32 0
Nähere Informationen stellen wir Ihnen gerne auf Anfrage zur Verfügung.