General terms and conditions and data protection
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as the provider (ZAQQ GmbH) via the zaqq.de website. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is hereby objected to.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of goods.
Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(2) You can submit a binding offer to purchase (order) via the online shopping basket system.
In doing so, the goods intended for purchase are placed in the "shopping basket". You can call up the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data are finally displayed again on the order overview page.
Before submitting the order, you have the possibility to check all details again, to change them (also via the "back" function of the Internet browser) or to cancel the purchase.
By sending the order via the "buy" button, you submit a binding offer to us.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after the order by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message, you are no longer bound to your order. In this case, any services already provided will be refunded immediately.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have deposited with us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Right of retention, reservation of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 4 Liability
(1) We shall be liable in each case without limitation for damages arising from injury to life, body or health, in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of the assumption of a guarantee for the quality of the object of purchase, in the event of damages under the Product Liability Act and in all other cases regulated by law.
(2) Insofar as essential contractual obligations are affected, our liability in the case of slight negligence shall be limited to the foreseeable damage typical for the contract. Material contractual obligations are material obligations which arise from the nature of the contract and the breach of which would jeopardise the achievement of the purpose of the contract as well as obligations which the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which you may regularly rely on.
(3) In the event of a breach of immaterial contractual obligations, liability is excluded in the case of slightly negligent breaches of duty.
(4) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this respect, we are not liable for the constant or uninterrupted availability of the website and the service offered there.
§ 5 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favourability principle).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also bring an action before the court at another statutory place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. customer information
The responsible body within the meaning of the data protection laws, in particular the EU General Data Protection Regulation (DSGVO), is:
FEN / ZAQQ GmbH
Your data subject rights
You can exercise the following rights at any time using the contact details provided by our data protection officer:
- Information about your data stored by us and its processing,
- Correction of incorrect personal data,
- deletion of your data stored by us,
- Restriction of data processing if we are not yet allowed to delete your data due to legal obligations,
- objection to the processing of your data by us, and
- Data portability, provided you have consented to the data processing or have concluded a contract with us.
- If you have given us consent, you can revoke this at any time with effect for the future.
You can submit complaint with the supervisory authority responsible for you at any time. Your competent supervisory authority depends on the federal state of your residence, your work or the alleged violation. A list of the supervisory authorities (for the non-public sector) with address can be found at: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.htmlv.
Purposes of data processing by the controller and third parties
- you have given your express consent to this,
- the processing is necessary for the performance of a contract with you,
- processing is necessary to comply with a legal obligation,
- processing is necessary to protect legitimate interests and there is no reason to assume that you have an overriding legitimate interest in not disclosing your data.
Collection of general information when you visit our website
When you access our website, information of a general nature is automatically collected by means of a cookie. This information (server log files) includes, for example, the type of web browser, the operating system used, the domain name of your internet service provider and the like. This is exclusively information that does not allow any conclusions to be drawn about your person.
This information is technically necessary in order to correctly deliver the contents of web pages requested by you and is compulsory when using the Internet. In particular, it is processed for the following purposes:
- Ensuring a smooth connection setup of the website,
- Ensuring the smooth use of our website,
- evaluating system security and stability, and
- for other administrative purposes.
The processing of your personal data is based on our legitimate interest from the aforementioned data collection purposes. We do not use your data to draw conclusions about your person. Recipients of the data are only the responsible body and, if applicable, order processors.
Anonymous information of this kind may be statistically evaluated by us in order to optimise our website and the technology behind it.
Like many other websites, we also use so-called "cookies". Cookies are small text files that are transferred from a website server to your hard drive. Through this, we automatically receive certain data such as IP address, browser used, operating system and your connection to the internet.
Cookies cannot be used to run programs or deliver viruses to a computer. The information contained in cookies allows us to facilitate your navigation and enable the correct display of our web pages.
Under no circumstances will the data we collect be passed on to third parties or linked to personal data without your consent.
Registrierung auf unserer Webseite
When you register to use our personalised services, some personal data is collected, such as your name, address, contact and communication details such as telephone number and email address. If you are registered with us, you can access content and services that we only offer to registered users. Registered users also have the option of changing or deleting the data provided during registration at any time, if necessary. Of course, we will also provide you with information about the personal data we have stored about you at any time. We will also be happy to correct or delete this data at your request, provided there are no legal obligations to retain data. To contact us in this context, please use the contact details provided at the end of this data protection declaration.
Provision of chargeable services
For the provision of chargeable services, we request additional data, such as payment details, in order to be able to execute your order. We store this data in our systems until the statutory retention periods have expired.
To protect the security of your data during transmission, we use state-of-the-art encryption procedures (e.g. SSL) via HTTPS.
When users leave comments on our website, in addition to this information, the time of their creation and the user name previously selected by the website visitor are also stored. This serves our security, as we can be prosecuted for unlawful content on our website, even if it was created by users.
On the basis of your expressly given consent, we will send you our newsletter or comparable information regularly by e-mail to your specified e-mail address.
To receive the newsletter, it is sufficient to provide your e-mail address. When you register to receive our newsletter, the data you provide will be used exclusively for this purpose. Subscribers may also be informed by e-mail of circumstances relevant to the service or registration (for example, changes to the newsletter service or technical circumstances).
For an effective registration, we require a valid e-mail address. In order to verify that a registration is actually made by the owner of an e-mail address, we use the "double-opt-in" procedure. For this purpose, we log the order for the newsletter, the sending of a confirmation email and the receipt of the response requested herewith. No further data is collected. The data is used exclusively for sending the newsletter and is not passed on to third parties.
You can revoke your consent to the storage of your personal data and its use for newsletter dispatch at any time. There is a corresponding link in every newsletter. You can also unsubscribe at any time directly on this website or inform us of your wish to do so using the contact option provided at the end of this data protection notice.
If you contact us by e-mail or contact form with regard to questions of any kind, you give us your voluntary consent for the purpose of contacting you. In order to do so, you must provide a valid e-mail address. This is used for the assignment of the enquiry and the subsequent response to it. The provision of further data is optional. The information you provide will be stored for the purpose of processing the enquiry and for possible follow-up questions. Personal data will be automatically deleted after your enquiry has been dealt with.
Use of Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc. (hereinafter: Google). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyse 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 anonymisation on these websites, 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. 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. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.
The purpose of the data processing is to evaluate the use of the website and to compile reports on activities on the website. Further associated services are then to be provided on the basis of the use of the website and the internet. The processing is based on the legitimate interest of the website operator.
In addition or as an alternative to the browser add-on, you can prevent tracking by Google Analytics on our pages by clicking on this link. This will install an opt-out cookie on your device. This will prevent the collection by Google Analytics for this website and for this browser in the future, as long as the cookie remains installed in your browser.
Use of script libraries (Google Web Fonts)
In order to display our content correctly and in a graphically appealing manner across browsers, we use script libraries and font libraries such as Google Webfonts (https://www.google.com/webfonts/) on this website. Google Web Fonts are transferred to your browser's cache to avoid multiple loading. If the browser does not support Google Web Fonts or prevents access, content is displayed in a standard font.
Calling up script libraries or font libraries automatically triggers a connection to the operator of the library. It is theoretically possible - although it is currently unclear whether and, if so, for what purposes - that the operators of such libraries collect data.
Embedded YouTube videos
We embed YouTube videos on some of our websites. The operator of the corresponding plugins is YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. When you visit a page with the YouTube plugin, a connection to YouTube servers is established. This tells Youtube which pages you are visiting. If you are logged into your YouTube account, YouTube can assign your surfing behaviour to you personally. You can prevent this by logging out of your Youtube account first.
If you have deactivated the saving of cookies for the Google Ad programme, you will not have to expect any such cookies when watching Youtube videos. However, Youtube also stores non-personal usage information in other cookies. If you wish to prevent this, you must block the storage of cookies in your browser.
Further information on data protection at "Youtube" can be found in the provider's data protection declaration at: https://www.google.de/intl/de/policies/privacy/.
Our website uses Google Conversion Tracking. If you have reached our website via an ad placed by Google, Google AdWords will set a cookie on your computer. The conversion tracking cookie is set when a user clicks on an ad placed by Google. These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages of our website and the cookie has not yet expired, we and Google can recognise that the user clicked on the ad and was redirected to this page. Each Google AdWords customer receives a different cookie. Cookies can therefore not be tracked across AdWords customers' websites. The information obtained using the conversion cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. The customers learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users.
If you do not wish to participate in the tracking, you can reject the setting of a cookie required for this - for example, by means of a browser setting that generally deactivates the automatic setting of cookies or by setting your browser in such a way that cookies from the domain "googleleadservices.com" are blocked.
Please note that you may not delete the opt-out cookies as long as you do not want any measurement data to be recorded. If you have deleted all your cookies in the browser, you must set the respective opt-out cookie again.
Use of Google Remarketing
This website uses the remarketing function of Google Inc. The function is used to present website visitors with interest-based advertisements within the Google advertising network. A so-called "cookie" is stored in the browser of the website visitor, which makes it possible to recognise the visitor when he or she visits websites that belong to the Google advertising network. On these pages, the visitor can be presented with advertisements that relate to content that the visitor has previously accessed on websites that use Google's remarketing function.
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 data protection statement will then apply to your next visit.
Questions to the data protection officer
If you have any questions about data protection, please write us an e-mail or contact the person responsible for data protection in our organisation directly:
Christiane Hofmann, ZAQQ GmbH, Thählmannstr. 11, 06686 Lützen, Germany