General terms and conditions and customer information

 

I. General Terms and Conditions

 

§ 1 Basic provisions

 

(1) The following terms and conditions apply to all contracts that you have with us as a provider (ZAQQ GmbH) via the website zaqq.de close. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is objected to.

 

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or 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 their independent professional or commercial activity.

 

§ 2 Conclusion 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 purchase offer (order) via the online shopping cart system.

The goods intended for purchase are placed in the “shopping cart”. You can access the “shopping cart” using the corresponding button in the navigation bar and make changes there at any time. After accessing the “Checkout” page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.

Before sending the order, you have the opportunity to check all the information again, change it (also using the "back" function of the Internet browser) or cancel the purchase.

By submitting your order using the “buy” button, you are making a binding offer to us.

 

(3) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after the order is placed by confirmation in text form (e.g. email), 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 email. You must therefore ensure that the email address you provide to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

 

§ 3 Right of retention, retention of title

 

(1) You can only exercise a right of retention if 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 are liable without restriction for damages resulting from injury to life, body or health, in all cases of intent and gross negligence, in the case of fraudulent concealment of a defect, in the event of a guarantee for the quality of the purchased item, in the event of damages under the Product Liability Act and in all other cases regulated by law.

 

(2)  If essential contractual obligations are affected, our liability in the event of slight negligence is limited to the foreseeable damage that is typical for the contract. Essential contractual obligations are essential obligations that arise from the nature of the contract and whose violation would jeopardize the achievement of the purpose of the contract as well as obligations that the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper implementation of the contract possible in the first place and on whose compliance you can regularly rely.

 

(3)  If minor contractual obligations are violated, liability for slightly negligent breaches of duty is excluded.

 

(4)  Based on the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the constant or uninterrupted availability of the website and the services offered there.

 

§ 5 Choice of law, place of performance, place of jurisdiction

 

(1)  German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the consumer's country of habitual residence is not withdrawn (principle of favourability).

 

(2)  The place of performance for all services from the existing business relationships with us and the place of jurisdiction is our registered office, provided 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 your place of residence or habitual residence is not known at the time the action is filed. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.

 

(3)  The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

 

 

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II. Customer information

 

1. Identity of the seller

 

Germany

 

 

 

2. Information on the conclusion of the contract

 

The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with Section 2 of our General Terms and Conditions (Part I.).

 

3. Contract language, contract text storage

 

3.1. The contract language is German.

 

3.2. We do not save the complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.

 

4. Essential characteristics of the goods or services

 

The essential features of the goods and/or services can be found in the item description and the additional information on our website.

 

5. Prices and payment methods

 

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including German VAT or the corresponding VAT rate of other European countries. Import fees (customs) are not included in the price. Any fees charged by external entities are payable by the buyer and will not be refunded by us.

 

5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective item description, are shown separately during the ordering process and are to be borne by you additionally, unless free shipping has been guaranteed.

 

5.3. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective item description.

 

5.4. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

5.5 Vouchers: From ZAQQ Voucher codes issued can be redeemed in the relevant field (shopping cart) when ordering online. These can only be used once. If a return is requested and an exchange is requested, the voucher value will be applied accordingly to the exchange pair. A payout of the voucher value is not possible. If a return is made without an exchange, only the amount minimized by the voucher value will be paid out.

 

6. Delivery conditions

 

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective item description. Shipping takes place from Germany.

 

6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

 

7. Statutory liability law for goods

 

7.1. The legal regulations apply.

 

7.2. As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the freight forwarder as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.

 

These general terms and conditions and customer information were created by the dealer association's lawyers who specialize in IT law and are constantly checked for legal compliance. Merchant Association Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: http://www.haendlerbund.de/agb-service.

 

As of: July 31, 2014

 

Privacy Policy

The responsible body within the meaning of data protection laws, in particular the EU General Data Protection Regulation (GDPR), is:

FEN / ZAQQ GmbH

Teichstr. 11

09366 Niederdorf

Germany

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 data processing or have concluded a contract with us.

If you have given us your consent, you can revoke it at any time with future effect.

You can contact the supervisory authority responsible for you with a complaint at any time. Your responsible supervisory authority depends on the state in which you live, where you work, or where the alleged violation occurs. You can find a list of supervisory authorities (for non-public areas) with addresses at:https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.

Purposes of data processing by the responsible body and third parties

We only process your personal data for the purposes stated in this data protection declaration. Your personal data will not be transferred to third parties for purposes other than those mentioned. We will only share your personal information with third parties if:

• you have given your express consent to this,
• the processing is necessary to carry out a contract with you,
• the processing is necessary to fulfill a legal obligation,

the 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 using a cookie. This information (server log files) includes the type of web browser, the operating system used, the domain name of your Internet service provider and similar. This is exclusively information that does not allow any conclusions to be drawn about you personally.

This information is technically necessary in order to correctly deliver the website content you have requested and is mandatory when using the Internet. They are processed in particular for the following purposes:

• Ensuring problem-free connection to the website,
• Ensuring smooth use of our website,
• Evaluation of system security and stability as well
• for further 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 you personally. The only recipients of the data are the responsible body and, if necessary, the processor.

We may evaluate anonymous information of this type statistically in order to optimize our website and the technology behind it.

Cookies

Like many other websites, we also use so-called “cookies”. Cookies are small text files that are transferred to your hard drive by a website server. This means we automatically receive certain data such as: B. IP address, browser used, operating system and your connection to the Internet.

Cookies cannot be used to start programs or transmit viruses to a computer. Using the information contained in cookies, we can make navigation easier for you and enable our websites to be displayed correctly.

Under no circumstances will the data we collect be passed on to third parties or linked to personal data without your consent.

Of course, you can generally view our website without cookies. Internet browsers are regularly set to accept cookies. In general, you can deactivate the use of cookies at any time via your browser settings. Please use the help functions of your internet browser to learn how to change these settings. Please note that individual functions of our website may not work if you have deactivated the use of cookies.

Registration on our website

When registering to use our personalized services, some personal data is collected, such as name, address, contact and communication data 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 to change or delete 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 be happy to correct or delete these at your request, provided that there are no legal retention obligations to the contrary. To contact us in this context, please use the contact details provided at the end of this data protection declaration.

Provision of paid services

In order to provide paid services, we request additional data, such as payment details, in order to be able to carry out your order. We store this data in our systems until the statutory retention periods have expired.

SSL encryption

To protect the security of your data during transmission, we use state-of-the-art encryption methods (e.g. SSL) via HTTPS.

Comment function

When users leave comments on our website, the time at which they were created and the user name previously chosen by the website visitor are stored in addition to this information. This is for our security, as we can be prosecuted for illegal content on our website, even if it was created by users.

newsletter

Based on your express consent, we will regularly send you our newsletter or comparable information by email to the email address you provided.

To receive the newsletter, it is sufficient to provide your email address. When you register to receive our newsletter, the data you provide will be used exclusively for this purpose. Subscribers can also be informed by email about circumstances that are relevant to the service or registration (e.g. changes to the newsletter offer or technical circumstances).

For effective registration we need a valid email address. In order to check that registration is actually made by the owner of an email address, we use the “double opt-in” procedure. For this purpose, we record the ordering of the newsletter, the sending of a confirmation email and the receipt of the requested response. No further data is collected. The data is used exclusively for sending newsletters and is not passed on to third parties.

You can revoke your consent to the storage of your personal data and its use for sending newsletters at any time. There is a corresponding link in every newsletter. You can also unsubscribe directly on this website at any time or inform us of your wish using the contact option provided at the end of this data protection notice.

Contact form

If you contact us via email or contact form with questions of any kind, you are giving us your voluntary consent for the purpose of contacting us. This requires you to provide a valid email address. This is used to assign the request and then answer it. Providing further data is optional. The information you provide will be stored for the purpose of processing the request and for possible follow-up questions. Once your request has been completed, personal data will be automatically deleted.

Use of Google Analytics

This website uses Google Analytics, a web analysis service provided by Google Inc. (hereinafter: Google). Google Analytics uses so-called “cookies”, i.e. text files that are stored on your computer and which enable your use of the website to be analyzed. 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 websites, your IP address will be shortened by Google within member states of the European Union or in other contracting states to 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 to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics is not combined with other Google data.

The purposes of data processing are to evaluate the use of the website and to compile reports on activities on the website. Further related services will then be provided based on the use of the website and the Internet. The processing is based on the legitimate interest of the website operator.

You can prevent the storage of cookies by setting your browser software accordingly; However, we would like to point out that in this case you may not be able to use all functions of this website to their full extent. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available under the following link:Browser add-on to deactivate Google Analytics.

In addition to or as an alternative to the browser add-on, you can prevent tracking by Google Analytics on our pages by:click this link. An opt-out cookie is installed on your device. This will prevent Google Analytics from collecting information for this website and this browser in the future as long as the cookie remains installed in your browser.

Use of script libraries (Google Webfonts)

In order to display our content correctly and graphically appealing across browsers, we use script libraries and font libraries on this website such as: B. Google Webfonts (https://www.google.com/webfonts/). 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 will be displayed in a standard font.

Calling script libraries or font libraries automatically triggers a connection to the library operator. It is theoretically possible - although it is currently unclear whether and, if so, for what purposes - that operators of corresponding libraries collect data.

The privacy policy of the library operator Google can be found here:https://www.google.com/policies/privacy/

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 visit. 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.

Anyone who has deactivated the storage of cookies for the Google Ad program will not have to expect such cookies when watching YouTube videos. However, YouTube also stores non-personal usage information in other cookies. If you want to prevent this, you must block the storage of cookies in the 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/

Google AdWords

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 expire after 30 days and are not used for personal identification. If the user visits certain pages on our website and the cookie has not yet expired, we and Google can recognize that the user clicked on the ad and was redirected to this page. Each Google AdWords customer receives a different cookie. Cookies cannot therefore be tracked via the websites of AdWords customers. The information collected using the conversion cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. Customers learn the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, you will not receive any information that can be used to personally identify users.

If you do not want to take part in tracking, you can refuse the necessary setting of a cookie - for example by using a browser setting that generally deactivates the automatic setting of cookies or setting your browser so that cookies from the domain “googleleadservices.com” are blocked.

Please note that you are not allowed to delete the opt-out cookies as long as you do not want measurement data to be recorded. If you have deleted all of your cookies in your 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 interest-based advertisements to website visitors within the Google advertising network. A so-called “cookie” is stored in the website visitor’s browser, which makes it possible to recognize the visitor when they visit 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.

According to Google, it does not collect any personal data during this process. If you still do not want Google's remarketing function, you can generally deactivate it by using the appropriate settings underhttp://www.google.com/settings/adsmake. Alternatively, you can opt out of the use of cookies for interest-based advertising through the Advertising Network Initiative by following the instructions belowhttp://www.networkadvertising.org/managing/opt_out.aspfollow.

Changes to our privacy policy

We reserve the right to adapt this data protection declaration so that it always complies with current legal requirements or to implement changes to our services in the data protection declaration, e.g. when introducing new services. The new data protection declaration will then apply to your next visit.

Questions for the data protection officer

If you have any questions about data protection, please write us an email or contact the person responsible for data protection in our organization directly:

Data protection officer

Christiane Hofmann, ZAQQ GmbH, Thählmannstr. 11, 06686 Lützen