Legal Notice
MICROBOX GmbH
Hohe Str. 4-6
61231 Bad Nauheim
Represented by:
Dipl. Wirt.-Ing. Stephan Welp
M.Sc. Tim Welp
Contact:
Telephone: +49 (0) 6032 – 34 02 – 0
Telefax: +49 (0) 6032 – 34 02 – 88
E-Mail: info@microbox.de
Registered in: Amtsgericht Friedberg
Register number: HRB 2307
VAT-EU: DE 813 396 133
Exclusion of liability (disclaimer)
Liability for content
As a service provider, we are responsible for our own content on these pages in accordance with general law in accordance with Section 7 (1) of the German Telemedia Act. According to §§ 8 to 10 TMG, as a service provider, we are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information in accordance with general laws remain unaffected. Liability in this regard is only possible from the point in time at which we become aware of a specific legal violation. As soon as we become aware of such legal violations, we will remove this content immediately.
Liability for links
Our offer contains links to external third party websites, over whose content we have no influence. Therefore, we cannot accept any liability for this third-party content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time they were linked. No illegal content was found at the time the link was created. A permanent control of the content of the linked pages is not reasonable without concrete evidence of an infringement. If we become aware of legal violations, we will remove such links immediately.
copyright
The content and works on these pages created by the website operator are subject to German copyright law. The duplication, processing, distribution and any kind of exploitation outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of this website are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are observed. In particular contents of third parties are marked as such. Should you nevertheless become aware of a copyright infringement, we would ask you to notify us accordingly. As soon as we become aware of legal violations, we will remove such content immediately.
Privacy Policy Microbox GmbH
The protection of your data is very important to us. This privacy policy describes in what form and why we collect and process your personal data. The responsible party within the meaning of data protection laws, in particular the EU General Data Protection Regulation (GDPR), is:
Microbox GmbH
Hohe Str. 4 – 6
61231 Bad Nauheim
E-Mail: info@microbox.de
The data protection officer of the responsible party is:
Attorney Hjalmar B. Hütte
Hütte Rechtsanwälte Partnerschaft mbB
Bethmannstraße 8
60311 Frankfurt am Main
Germany
Tel.: 00496924756120
Email: info@huette-legal.com
Website: https://huette-legal.com
Your rights as a data subject
Right to be informed:
You have the right to be informed how your personal data will be processed.
Right to rectification:
You have the right to have incorrect or incomplete personal data corrected.
Right to erasure:
You have the right to have your data stored with us deleted, unless your data may not yet be deleted due to legal obligations.
Right to data portability:
You have the right to receive your data stored by us in machine-readable form.
Right to object:
If you have given us consent for data processing, you can revoke this consent at any time with effect for the future. Please also read the information about your right of objection according to Article 21 GDPR below. Please send your written request to us at the above address or via the contact form. You also have the right to lodge a complaint with a data protection supervisory authority about the processing of your personal data. You can find a list of supervisory authorities (for the non-public sector) with address under: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.
Data collection on our website
We only collect personal data that is necessary for a specific purpose. When you visit our website, we collect the following personal data:
Personal data that is automatically transmitted from your browser to our server when you visit our website:
– IP address
– information regarding your browser
– name of the website from which you are visiting us
– the requested URL (the specific webpage) or file
– date and time of your visit
– the extent of transmitted data
– status data, e.g. error messages
We do not use your data to draw conclusions about your person. Information of this kind is statistically evaluated by us, if necessary, in order to optimize our Internet presence and the technology behind it.
The processing is carried out in accordance with Article 6 paragraph 1 point (f) GDPR on the basis of our legitimate interest in the operational security of our website.
The provision of the aforementioned personal data is neither legally nor contractually required.
However, without the IP address, the service and functionality of our website is not guaranteed. In addition, individual services and services may not be available or may be limited.
Recipients of the data are technical service providers who act as our processor to operate and maintain our website. They are carefully selected and commissioned by us, are bound by our instructions and are regularly monitored. For information on data transfer to third countries, please also read „Data transfer to third countries”. The data is deleted as soon as it is no longer required for the purpose for which it was collected. This is generally the case for the data that serve to provide the website, when the respective session has ended.
Personal data that you provide directly to us via contact form:
– surname, name, e-mail address
– phone number
– date and time you contacted us
– location (only the country)
The processing of the data entered when contacting us is based on your consent, Article 6 paragraph 1 point (a) GDPR.
Recipients of the data are responsible departments in our organization. We store your personal data for the period necessary to achieve the stated purpose, f.e. to answer questions, to perform the requested services or to comply with legal requirements. The processing of the data entered is based on your consent (Art. 6 para. 1 lit. a DSGVO). Recipients of the data may be technical service providers who act as processors for the operation and maintenance of our website. Data will only be processed in this context as long as the corresponding consent has been given.
Data transfer to third country
Your data may also be processed by our group companies or third-party providers outside the European Union (EU) or the European Economic Area (EEA). To the extent that we have stated in this Privacy Policy that recipients of data are located in a third country that the EU does not consider to have an adequate level of data protection (f.e., the United States), we will ensure, on the basis of a contract, that your data is protected by the recipients at an adequate level.
For Japan, the adequacy decision of the European Commission is available and your data is protected on the adequate level comparable to the protection by the European data protection law.
Cookies
Like many other websites, we also use so-called „cookies”. Cookies are small text files that are stored on your end device (laptop, tablet, smartphone or similar) when you visit our website.
You can delete individual cookies or the entire cookie inventory. In addition, you will receive information and instructions on how to delete these cookies or block their storage in advance. Depending on the provider of your browser, you can find the necessary information under the following links:
– Mozilla Firefox: https://support.mozilla.org/de/kb/cookies-loeschen-daten-von-websites-entfernen
– Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies
– Google Chrome: https://support.google.com/accounts/answer/61416?hl=de
– Opera: http://www.opera.com/de/help
– Safari: https://support.apple.com/kb/PH17191?locale=de_DE&viewlocale=de_DE
In case where you allow us to use cookies through your browser settings or consent, the following cookies may be used on our websites:
| Cookie Name | Provider | Description/Purpose | Duration | Cookie Type |
| borlabs-cookie | Owner of this website, see imprint | Stores the settings of the visitors, selected in the Cookie Box of Borlabs Cookie. | 1 year | Essential |
| paddlejs_checkout_variant | Paddle.com Market Limited, Judd House, 18-29 Mora Street, London, EC1V 8BT, United Kingdom | For order processing we use the service provider Paddle. In order to perform the order processing, an essential cookie is set by Paddle. | 1 – 3 months | Essential |
| Freshchat Widget | Freshworks Inc., 2950 S. Delaware St, Suite 201, San Mateo, CA 94403, USA | The Freshchat widget is a service for interacting with the live chat platform Freshchat, as well as the helpdesk system Freshdesk by Freshworks, Inc. | 1 – 3 months | Essential |
| _hjClosedSurveyInvites, _hjDonePolls, _hjMinimizedPolls, _hjDoneTestersWidgets, _hjIncludedInSample, _hjShownFeedbackMessage, _hjid, _hjRecordingLastActivity, hjTLDTest, _hjUserAttributesHash, _hjCachedUserAttributes, _hjLocalStorageTest, _hjptid | Hotjar Ltd., Dragonara Business Centre, 5th Floor, Dragonara Road, Paceville St Julian’s STJ 3141 Malta | Hotjar is a user behavior analytics tool from Hotjar Ltd. We use Hotjar to understand how users interact with our website. | Session/ 1 year | Statistics |
| _ga,_gat,_gid | Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland | Cookie from Google for website analytics. Generates statistical data about how the visitor uses the website. | 2 months | Statistics |
| Google Ads | Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland | Cookie from Google used for Google Ads conversion tracking. | Marketing | |
| _oma*, omCountdown* | Retyp LLC, 7732 Maywood Crest Dr., West Palm Beach, FL 33412, USA | We use OptinMonster to display contextual offers and evaluate them. | 30 days | Marketing |
Technically necessary cookies
Nature and purpose of the processing: We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change.
The purpose of using technically necessary cookies is to simplify the use of website for visitors. Some functions of our website, such as language settings, cannot be offered without the use of cookies. Therefore, it is necessary that the browser is recognized even after a page change.
Legal basis and legitimate interest: The processing is carried out in accordance with Article 6 paragraph 1 point (f) GDPR on the basis of our legitimate interest in a user-friendly design of our website.
Receiver: Recipients of the data may be technical service providers who act as our processors to operate and maintain our website.
Provision of the personal data: The provision of the aforementioned personal data is neither legally nor contractually required. However, without this data, the service and functionality of our website cannot be guaranteed. In addition, individual services may not be available or may be limited.
Objection: Please read the information about your right to object according to Article 21 GDPR below.
Technically unnecessary cookies
Furthermore, we use cookies to better tailor the offers on our website to the interests of our visitors or to generally improve them on the basis of statistical evaluations. To find out, which providers set cookies, please refer to the information below on the display-, tracking-, remarketing- and web analysis technologies used.
Legal basis: The legal basis for this processing is your consent, Article 6 paragraph 1 point (a) GDPR.
Receiver: Recipients of the data may be technical service providers who act as our processors to operate and maintain our website. To find out further recipients, please refer to the information below on the display-, tracking-, remarketing- and web analysis technologies used.
Data transfer to third country: Please refer to the listings of the individual presentation of display-, tracking-, remarketing- and web analysis providers.
Provision of the personal data: Of course, you can also view our website without cookies in principle. Web browsers are regularly set to accept cookies. In general, you can deactivate the use of cookies at any time via your browser settings (see “Revocation of consent”).
Please note that individual functions of our website may not work if you have deactivated the use of cookies.
Revocation of consent: You can revoke your consent at any time via our cookie consent tool.
Profiling: To what extent we analyze the behavior of website visitors with pseudonymized user profiles, please refer to the information below on the display, tracking, remarketing and web analysis technologies used.
Google Analytics: If you have given your consent, Google Analytics, a web analytics service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA (hereinafter: „Google”) is used on this website. Google Analytics uses „cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, due to the activation of IP anonymization on these web pages, your IP address will be truncated beforehand 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 your browser as part of Google Analytics will not be merged with other data from Google.
You can find more information on terms of use and data protection at https://www.google.com/analytics/terms/de.html and at https://policies.google.com/?hl=de .
On behalf of the operator of this website, Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator.
Revocation of consent: You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google and the processing of this data by Google by downloading and installing the browser plugin available at the following link: Download page for the browser add-on to disable Google Analytics.
Multiview Visitor View Code: Multiview Visitor View Code is a web analytics tool that matches our website visited IP addresses with their database for advertising purposes. Through a code integrated into our website, Multiview can analyze the user behavior of our customers.
The analysis of the data is solely for the purpose of optimizing the services we offer to our customers. The legal basis for this is Art. 6 para. 1 lit. f DSGVO. We use this data only for the above-mentioned purposes. The provider uses only appropriate physical, technological and administrative safeguards to protect your personal data from unauthorized use, access or disclosure. For this purpose, encryption services and SSL certificate providers, among others, are used. The personal data collected will only be stored for the period of time until the purpose is fulfilled. After that, they are deleted immediately, unless there is a legal retention period.
Multiview processes the personal data of data subjects from the European Union as a third country, USA. If you have any questions or complaints, you can contact Multiview directly at the following address: DataPrivacyOffice@multiview.com
For more information: https://www.multiview.com/privacy-policy
Hotjar:
We use Hotjar to better understand the needs of our users and to optimize the experience on this website. Using Hotjar’s technology, we get a better understanding of our users’ experiences (e.g., how much time users spend on which pages, which links they click, what they like and don’t like, etc.) and this helps us tailor our offerings to our users’ feedback.
Hotjar works with cookies and other technologies to collect information about our users’ behavior and about their devices (in particular, device IP address, screen size, information about the browser used, location (country only), language preferred to view our website). Hotjar stores this information in a pseudonymized user profile. The information is not used by Hotjar or us to identify individual users or merged with other data about individual users.
Legal basis: The legal basis for these processing operations is in each case your consent, Art. 6 para. 1 lit. a DSGVO.
Revocation of consent: You can revoke your consent at any time via our cookie consent tool.
For more information, please see Hotjar’s privacy policy: https://www.hotjar.com/legal/policies/privacy
Social Plugins
Social plugins from the providers listed below are used on our website. You can recognize the plugins by the fact that they are marked with the corresponding logo.
Information, which may also include personal data, may be sent to the service provider via these plugins and may be used by the service provider.
We do not collect any personal data ourselves by means of the social plugins or via their use.
The respective provider is responsible for the processing of your personal data in the context of the use of the social networks:
Provider: Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland; for further information on data protection when using Instagram, please refer to the provider’s privacy policy.
Provider: Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland; for further information on data protection when using Facebook, please refer to the provider’s privacy policy.
Provider: LinkedIn Corporation, 1000 W. Maude Avenue Sunnyvale, CA 94085 USA; for further information on data protection when using LinkedIn, please refer to the provider’s privacy policy.
Provider: Twitter Inc, 795 Folsom St., Suite 600, San Francisco, CA 94107, USA; for further information on data protection when using Twitter, please refer to the provider’s privacy policy.
Provider: Pinterest Inc, 808 Brannan Street, San Francisco, CA 94103 USA; Pinterest Europe Ltd, Palmerston House, 2nd Floor, Fenian Street, Dublin 2, Ireland (for the European area); for further information on data protection when using Pinterest, please refer to the provider’s privacy policy.
Use of script libraries (Google Webfonts)
In order to display our content correctly and graphically appealing across browsers, we use „Google Web Fonts” from Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter „Google”) on this website to display fonts.
Further information on Google Web Fonts can be found at https://developers.google.com/fonts/faq and in Google’s privacy policy: https://www.google.com/policies/privacy/.
Embedded YouTube-Videos:
We embed YouTube videos on our website. The operator of the corresponding plugins is YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA (hereinafter „YouTube”). YouTube, LLC is a subsidiary of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (hereinafter „Google”). When you visit a page with the YouTube plugin, a connection to YouTube servers is established. In the process, YouTube is informed which pages you are visiting. If you are logged into your YouTube account, YouTube can assign your surfing behavior to you personally. You can prevent this by logging out of your YouTube account beforehand.
If a YouTube video is started, the provider uses cookies that collect information about user behavior.
For more information on the purpose and scope of data collection and processing by YouTube, please refer to the provider’s privacy policy, where you will also find further information on your rights in this regard and settings options for protecting your privacy (https://policies.google.com/privacy).
Revocation of consent:
No option for a simple opt-out or blocking of data transmission is currently offered by the provider. If you would like to prevent tracking of your activities on our website, please revoke your consent for the corresponding cookie category or all technically unnecessary cookies and data transfers in the cookie consent tool. In this case, however, you may not be able to use our website or may only be able to use it to a limited extent.
Newsletter
If you subscribe to our company’s newsletter, the data in the respective input mask will be transmitted to the controller. The registration for our newsletter takes place in a so-called double opt-in procedure. This means that after registration, you will receive an e-mail in which you are asked to confirm your registration. This confirmation is necessary so that no one can register with foreign e-mail addresses. When registering for the newsletter, the user’s IP address and the date and time of registration are stored. This serves to prevent misuse of the services or the e-mail address of the person concerned. The data is not passed on to third parties. An exception exists if there is a legal obligation to pass on the data. The data is used exclusively for sending the newsletter. The subscription to the newsletter can be cancelled by the data subject at any time. Likewise, consent to the storage of personal data can be revoked at any
time. For this purpose, a corresponding link can be found in each newsletter. The legal basis for the processing of the data after registration for the newsletter by the user is Art. 6 para. 1 lit. a DSGVO if the user has given his consent. The legal basis for sending the newsletter as a result of the sale of goods or services is Section 7 (3) UWG.
- Use of rapidmail
Description and purpose: We use rapidmail to send newsletters. The provider is rapidmail GmbH, Wentzingerstraße 21, 79106 Freiburg, Germany. Among other things, rapidmail is used to organize and analyze the dispatch of newsletters. The data you enter for the purpose of receiving the newsletter is stored on rapidmail’s servers in Germany. If you do not want any analysis by rapidmail, you must unsubscribe from the newsletter. For this purpose, we provide a corresponding link in every newsletter message. Furthermore, you can also unsubscribe from the newsletter directly on the website. For the purpose of analysis, the e-mails sent with rapidmail contain a so-called tracking pixel, which connects to the servers of rapidmail when the e-mail is opened. In this way, it can be determined whether a newsletter message has been opened. Furthermore, with the help of rapidmail, we can determine whether and which links in the newsletter message are clicked. All links in the e-mail are so-called tracking links, with which your clicks can be counted. Depending on the font with which the respective newsletter is designed, a connection to external servers such as Google Fonts takes place.
Legal basis: The legal basis for data processing is Art. 6 para. 1 lit. a DSGVO.
Recipient: The recipient of the data is rapidmail GmbH.
Transmission to third countries: There is no transmission of data to third countries.
Duration: The data stored by us within the scope of your consent for the purpose of the newsletter will be stored by us until you unsubscribe from the newsletter and will be deleted from our servers as well as from the servers of rapidmail after you unsubscribe from the newsletter. Data stored by us for other purposes (e.g. e-mail addresses for the member area) remain unaffected by this.
Possibility of revocation: You have the possibility to revoke your consent to data processing with effect for the future at any time. The legality of the data processing operations already carried out remains unaffected by the revocation.
Further data protection information: For more details, please refer to the data security notices of rapidmail at: The solution for DSGVO-compliant newsletter marketing – rapidmail
For more details on the analysis functions of rapidmail, please refer to the following link: Support and help for our newsletter tool – rapidmail
SSL-Ecryption
To protect the security of your data during transmission, we use state-of-the-art encryption methods (e.g. SSL) via HTTPS.
Information about your right to object according to Article 21 GDPR
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6 paragraph 1point (f) GDPR (data processing on the basis of a balance of interests); this also applies to profiling based on this provision within the meaning of Article 4 No. 4 GDPR.
If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the assertion, exercise or defense of legal claims. Processing activities carried out in the past with your consent will not become unlawful as a result of your revocation
Recipient of an objection:
Microbox GmbH
E-Mail: info@microbox.de
Changes to our privacy policy
We reserve the right to adapt this data protection declaration so that it always complies with the current legal requirements or in order to implement changes to our services in the data protection declaration, e.g. when introducing new services. The new privacy policy will then apply to your next visit.
Questions regarding data processing
If you have any questions about data protection, please send us an e-mail: info@huette-legal.com
GENERAL TERMS OF SALE OF MICROBOX GMBH
- Application of the General Terms of Sale
1. These General Terms of Sale (hereafter „GTS“) shall apply to all contracts concluded with entrepreneurs (§ 14 BGB) and legal entities. They are part of all of our offers and contracts for sales and services. The GTS in force and published on the website under https://book2net.net/en/agb at the time of an order shall also govern all future business relationships, even if we did not explicitly point out to them in each individual case.
2. All orders and contracts are binding only if made in text form (§ 126 b German Civil Code, BGB). Individual agreements (side agreements, modifications and supplements) between the parties shall prevail; however, for the content of such agreements the written confirmation of ours shall be binding, unless a different content is proven.
3. These GTS shall apply exclusively. Differing or contrary or amending terms of the buyer shall apply if and to the extent expressly agreed upon by us. Our delivery without reservation despite its knowledge of the buyer’s general terms and conditions shall not replace such express consent.
- Conclusion of Contract
1. Our offers are non-binding and subject to confirmation in writing. This shall also apply in case we provide catalogues, technical documentation, other product descriptions or documents, to which we reserve ownership rights and copyrights, to the buyer.
2. Buyer’s orders shall be considered binding offers for a contract. We may accept such offer within two (2) weeks of the date of receipt.
3. We may declare acceptance expressly in writing (e.g. order confirmation) or implicitly by delivery of the products.
- Delivery Deadlines, Delay, Delivery, Transfer of Risk
1. The time of delivery shall be agreed individually or shall be indicated by us upon acceptance of the order.
2. If any agreed time of delivery will be exceeded by us for reasons not attributable to us (non-availability), we shall inform the buyer without undue delay and indicate the estimated new time of delivery. If the products are not deliverable within the new time of delivery or not deliverable at all, we are entitled to fully or in part rescind the contract; we shall reimburse the buyer without undue delay for payments already made. Non-availability shall be events of force majeure or other disturbing events at Microbox GmbH, at our suppliers or carriers, if neither attributable to us nor our suppliers or carriers.
3. Default in delivery shall be governed by the relevant statutory provisions. However, a notice of warning by the buyer is required in all cases.
4. We reserve the right to make partial deliveries.
5. Delivery shall be made „ex works” (Incoterms 2020), which is also the place of performance for the delivery and any subsequent performance. At the request and expense of the buyer, the goods shall be shipped to another destination (sale by delivery to a place other than the place of performance). Unless otherwise agreed individually, we are entitled to determine the means of shipping (in particular carrier, transportation route, packaging).
6. The risk for the loss and the damage of the products shall be transferred upon delivery of the products to the buyer at the latest. In case of sale by dispatch, the risk for the loss and the damage of the products as well as for a delay in delivery shall be transferred upon handover of the products to the carrier or the freight forwarder. The handover or delivery is equal if the buyer is in default of acceptance.
- PRICES/PAYMENTS TERMS
1. Unless otherwise individually agreed, products are invoiced on the basis of our confirmed order price in Euro, including the respective statutory VAT and packaging.
2. In the case of a sale by delivery to a place other than the place of performance, the purchaser shall bear the transport costs ex warehouse, the costs of any transport insurance requested by the purchaser as well as any customs duties, fees, taxes and other charges. If the buyer wishes accelerated shipping (e.g. air freight, express freight, express), he shall bear the costs for this.
3. The purchase price is due and payable within thirty (30) days from the invoice date following delivery or acceptance of the products. We reserve the right, also in the course of a continuous business relationship, to make delivery subject to advance payment. We will declare such reservation together with the acceptance of the order at the latest.
4. Upon expiry of the aforementioned payment term, the buyer will be in default. Default interest in the amount of the statutory default interest rate shall accrue as from the due date on.
5. The buyer shall be entitled to offset or retention only to the extent that the buyer’s claim is undisputed or assessed in a legally binding judgment. The buyer’s rights in case of defects of the delivery (in particular those under section VI.) shall remain unaffected.
6. If, following conclusion of the contract, it becomes foreseeable that the payment of the purchase price is at risk (e.g. due to buyer’s filing for insolvency), we reserve the right to suspend or – subject to a notification – rescind the contract.
- RETENTION OF THE TITLE
1. We retain title to the products until full payment of all claims resulting from the business relationship (secured claims).
2. As long as the secured claims have not been paid in full, the products shall not be pledged or transferred for security to any third party. The buyer shall inform us without undue delay in writing, if an application for insolvency is filed or if the products are seized by third parties.
3. In case of non-payment of the purchase price when due by the buyer, we are – after payment notification – entitled to rescind the contract and request possession of the products based on the rescission and the retention of title.
4. The buyer may resell and transfer title to the products and/or install the products subject to the above retention of title in the course of his regular business. For this case, the following provisions shall apply:
a) With installation of the products in other products, we shall become joint owner of the new products in proportion of the value of the products subject to retention of title to the new products.
b) The buyer hereby assigns to us all claims arising from such resale and transfer of title or resulting from the installation either in full or in proportion to the value of the joint ownership. We hereby accept such assignment. As long as the buyer fulfills his payment obligations vis-à-vis us, the buyer remains entitled to collect the claims.
c) Insofar as the securities exceed the secured claims by more than ten (10) percent, we shall – upon buyer’s request – release securities to be chosen by us.
- WARRANTY/LIABILITIY
1. Our liability – irrespective of the legal grounds – is limited to damage caused by us intentionally or through gross negligence, or in the case of breach of essential contractual obligations through slight negligence. In cases of slight negligence, our liability is limited to the amount of the foreseeable damage typical for the contract.
2. The above limitation of liability shall not apply to claims for damages by the buyer under the Product Liability Act or for injury to life, limb or health. It shall also not apply insofar as we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods.
3. Claims for damages of the buyer, which are based on a defect of the goods, are subject to a limitation period of one (1) year from delivery of the goods. This shall not apply to claims for damages arising from injury to life, body or health or in the event of intent or gross negligence.
VII. Choice of Law, Jurisdiction
1. German law shall apply exclusively, excluding the conflict of law provisions and excluding the CISG.
2. Frankfurt am Main shall be the place of jurisdiction for all disputes resulting directly or indirectly from the business relation between the parties. However, we may also file lawsuits at the general place of jurisdiction of the buyer.
June 2022