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Legal notice and data privacy statement Legal notice Bärwolf GmbH & Co. KG Robert-Bosch-Str. 9 44629 Herne Germany Email: info@baerwolf.com Phone: +49 (0) 2323 9371-0 CEO: Thomas Höfges, Michael Scholze Limited partnership with registered offices in Herne: Bochum Registration Court HRA 6100; personally liable partner Bärwolf Beteiligungsgesellschaft mbH with registered offices in Herne: Bochum Registration Court HRB 9017 Tax ID 325/5814/0588 Copyright and trade mark protection Copyright 2022 Bärwolf GmbH & Co. KG. All rights reserved. All texts, photos, graphics, multimedia files and the layout are subject to copyright and the laws governing the protection of intellectual property. Reuse requires the explicit consent of Bärwolf GmbH & Co. KG. Liability for content We have taken great care in compiling all the information on our website. In the event of any inappropriate information being published, Bärwolf GmbH & Co. KG shall only assume liability in the event of gross negligence. Note As per its ruling of 12 May 1998, the Landgericht Hamburg [Regional Court] asserted that by placing a link on a website, any associated liability will also be assumed for the content of the linked website. According to the Regional Court, this can only be prevented by expressly disassociating oneself from such content. If links are provided to other websites, this applies to all of these links: Bärwolf GmbH & Co. KG expressly underlines that it does not have any influence whatsoever on the design and content of linked websites. Bärwolf GmbH & Co. KG therefore expressly disassociates itself from any and all content on all websites linked to its homepage and does not adopt such content as its own. This declaration applies to all links placed on this website. Note for social networks The imprint also applies to all other presences of www.baerwolf.com in the social networks, in particular: https://www.instagram.com/baerwolfgmbh/ https://www.pinterest.com/baerwolf_gmbh Data privacy statement Bärwolf GmbH & Co. KG is delighted that you have visited our website and are interested in our products. We take your privacy and data protection extremely seriously. We want you to feel at ease when you visit our website. By accessing or using our website you accept the relevant statutory regulations. Bärwolf GmbH & Co. KG implements both the EU Data Protection Directive and any applicable national regulations. In this privacy statement, we refer to the relevant EU Directive. You are entitled to request information free of charge at any time on your stored personal data, its origin and destination, and the purpose of processing your data, and are also entitled to request that this data be rectified, blocked or deleted. In such cases, or if you have any other questions regarding your personal data, you can contact us using the address stated in the legal notice. Personal data Personal data is information on the material or personal situation of a specific or identifiable individual. This is the personal data you provide us with when you contact us, register and order or exchange goods. The data collected and/or processed for purely statistical purposes (e.g. regarding the use of our websites) is not classified as personal data as it cannot be assigned to any natural person. Collecting, processing and using personal data “Collecting” refers to procuring personal data. “Processing” refers to the process of storing, changing, transmitting, blocking and deleting personal data. “Using” refers to any use of personal data except processing. Personal data is collected via our websites for the purpose of order processing (and/or fulfilling our contractual agreement), including subsequent services, for administrative purposes, and for our own marketing purposes. The legal basis for this is primarily the General Data Protection Regulation GDPR [Datenschutz-Grundverordnung (DSGVO)] and the German Telemedia Act [Telemediengesetz (TMG)]. Personal data is stored and processed by us in the Federal Republic of Germany, in the US and possibly in third countries. We will supply you with any information held in relation to your person or pseudonym on request. If you would like this information, please send us your request by post. We shall also rectify, block or delete any stored data about you on request insofar as this is mandatory and/or possible under the relevant statutory regulations. Personal data will only be forwarded if this is deemed necessary for the purpose of order processing. This is the case if, for example, a parcel delivery service is hired to deliver orders or to process the order with the respective manufacturer. In addition, depending on the payment method you have selected, personal data may be forwarded to third parties for the purpose of completing payment transactions. Your data will not be transferred to third parties (e.g. for marketing purposes)! Server log files Bärwolf GmbH & Co. KG collects and stores information in server log files, which your browser automatically forwards to us. The following information is forwarded: Browser type/browser version Operating system Referrer URL Host name of your computer Exact time of the server request This information is not associated with a specific person. The data is not consolidated with other data sources. We reserve the right to retroactively examine the data if there is any indication of unlawful use of this website. Security Bärwolf GmbH & Co. KG is aware of the considerable importance of your privacy and security. We have therefore worked hard to ensure that your personal data is secure. We implement technical and organisational security measures to guarantee the highest possible security standards. Our security measures are continuously updated with new technologies. This may lead to changes in our use of cookies, for instance. Your right of access to your personal data Due to the terms of the German Data Protection Act, you are entitled to request information from us regarding the personal data we have stored about you. Furthermore, you are entitled to exercise your right to have the data concerned rectified, deleted or blocked subject to the relevant statutory requirements. We will be pleased to answer any questions you have in this regard. At the same time, we have to ensure that information is given to the correct people. In order to prevent personal data from erroneously being transmitted to the wrong person due to confusion, we kindly ask you to send any and all change requests to us stating your exact address or date of birth. Please use the email address datenschutz@baerwolf.comfor this purpose or send your inquiry to the postal address in the legal notice with the label ‘Datenschutz’ (data protection). Use of Google Analytics Our websites use the service Google Analytics, a service offered by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA, 94043, USA (“Google”). Google Analytics uses so-called “cookies”, text files which are stored on your computer and which enable us to analyse your use of our websites. The information generated by the cookies on how you use the websites is generally transmitted to a Google server in the USA and stored there. However, if IP anonymity is activated on our websites within the member states of the European Union or in other countries party to the Agreement on the European Economic Area, your IP address will be shortened beforehand by Google. Only in exceptional cases will your full IP address be transmitted to a Google server in the USA and shortened there. Google will use this information on behalf of the website operator to analyse your use of the website, compile reports on website activity and provide additional services related to the use of the website and the internet. Google will under no circumstances link the IP address transmitted by your browser to any other data held about you. You can prevent cookies from being stored by adjusting the relevant settings in your browser, however, this may restrict your use of the sites’ features. You can prevent Google from collecting and processing the data generated by cookies regarding your use of the website (including your IP address) by downloading and installing the browser plugin available on the following website: https://tools.google.com/dlpage/gaoptout?hl=en. Use of hCaptcha® Our websites use the hCaptcha® service, a registered trademark of Intuition Machines, Inc, 350 Alabama St, San Francisco, USA. hCaptcha® attempts to distinguish whether the data entered in our contact form originates from a natural person or an automated computer program (so-called "bots"). In this way, we want to ensure that no "bots" interact automatically on our website and protect ourselves from a flood of spam. For this purpose, hCaptcha® analyses the visitor's behaviour on our website on the basis of various characteristics. The analysis starts automatically as soon as the part of our website with activated hCaptcha® is called up. For the analysis, hCaptcha® evaluates various information, such as the IP address, the time spent on the website or the mouse movements of the visitor. If hCaptcha® is used in passive mode, the analysis can run completely in the background. In this case, there is no indication of the analysis. hCaptcha® 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 the websites is usually transmitted to and stored by Intuition Machines on servers in the United States. hCaptcha® uses these cookies to provide its service and functionality, such as passive mode. These cookies store a unique identifier for each user, which may enable hCaptcha® to track users across websites that use hCaptcha®. The basis for the processing of this data by hCaptcha® results from Art. 6 (1) lit. f DSVGO, as the processing is necessary to protect a legitimate interest, namely the protection of our websites against abusive, automated spam. If a corresponding consent has been requested, the processing and storage of the data is based exclusively on Art. 6 (1) DSGVO. The consent can be revoked at any time. Further information on the hCaptcha® service is available at the following links: http://www.hcaptcha.com/privacy, http://www. hcaptcha.com/terms Cookies Bärwolf GmbH & Co. KG uses cookies to track the preferences of users visiting our website and to ensure that our websites are optimally configured. A cookie is a small text file which is stored on your computer’s hard drive with your consent. You can activate or deactivate the use of cookies at any time. We have taken all possible steps to ensure that our website also functions without the use of cookies. Bärwolf GmbH & Co. KG uses two kinds of cookies: session and persistent cookies. Session cookies (temporary cookies for one session) are used to maintain the user’s session and tell the server which page should be displayed next. We can use persistent (protocol) cookies to identify which pages are visited. Cookies help us to improve our website design and attune it better to your requirements. A cookie only contains technical data; it does not contain personal data such as email addresses or similar information. What are cookies? Many of the websites you visit store small text files on your computer. This enables the website to identify your computer each time it visits the site. We call these text files ‘cookies’. We use two types of cookies: Type 1: Basic cookies We use these cookies as they are required to save your settings and preferences for when you visit our website. Without these cookies, you may find it difficult to use our website. If this website had a log-in function, an authentication cookie would be stored on your computer in order to identify you as a specific user after you had logged in. In the case of an embedded video, a session cookie is stored on your computer for a multimedia player. This cookie is required to stream video or audio content. Social plugins Many social networks have developed ‘social plugins’ that website operators can embed into their websites, thus enabling the users of social networks to share content with their ‘friends’ (and perform other related functions such as leaving comments). Our website may contain one or more of these social plugins. These plugins store and access cookies on the user’s computer. This enables the social networks to identify their members when they interact with these plugins. Please note that these social plugins are also used by the social networks for services which go beyond what is strictly necessary, such as behavioural advertising. Users should explicitly request such services. You can check your cookie settings on the relevant social media platforms. Type 2: Statistical cookies This website may use Google Analytics, an analytics service offered by Google Inc., in order to collect and analyse information on how this website is used. This will help us to improve your experience of using our website. The information that may be collected by us includes the various webpages you visited, as well as the date and time at which each page was visited. We do not collect any personal data. As Google Inc. is a US company, the information is transmitted to the servers of Google Inc. in the USA and stored there. Google will use this information on behalf of the website operator to analyse your use of the website, compile reports on website activity and provide additional services related to your use of the website and the internet. Google Inc. will also transfer this information to third parties insofar as this is a legal requirement or if third parties are commissioned to process this data on Google’s behalf. How long are cookies stored? We do not store cookies longer than is required for the purpose for which the cookie was intended. The majority of the cookies we use are so-called ‘session cookies’. That means that these cookies are deleted once you have closed your browser. Some cookies may be saved for a longer period, for example, if you explicitly request that your username, preferred language settings or other preferences are remembered when you login. In order to carry out long-term analyses regarding the use of this website, Google Analytics cookies are stored for up to two years. How can I block cookies? You can block cookies through your web browser settings. You can consult the website of the browser you use for further information on how to change the settings. Google Analytics can also be deactivated. If you wish to deactivate Google Analytics, go to the Google Tools website to download and install the appropriate add-on for your browser. The add-on to deactivate Google Analytics is compatible with Chrome, Internet Explorer, Safari, Firefox and Opera. Deactivating Google Analytics will not impair the functionality of this website. Disclaimer – Information for users of this website When configuring and publishing the information provided in this area of the website, Bärwolf GmbH & Co. KG proceeded to the best of its knowledge. We have done our best to ensure that all information provided at the point in time of publication is correct and up to date. Bärwolf GmbH & Co. KG does not accept any liability for the consequences of using the information provided on the website. Bärwolf GmbH & Co. KG does not accept any liability for the accuracy of the information provided and does not accept liability for claims or third-party losses arising from damage. The user shall not pass on any information to third parties cited in the programming, operating and service manuals, or any technical data or information that Bärwolf GmbH & Co. KG transmits via the websites (if applicable) to the user. The user has the right to view the information and use the information for the purpose for which it was published. If the user is required to transmit information to other persons for the purpose of providing a service, the user shall ensure that these other persons are subject to a similar confidentiality obligation. If the user obtains information that trademarks, brand names, copyrights, patents or any other industrial property or copyrights have been contested or violated by third parties, the user shall inform Bärwolf GmbH & Co. KG without undue delay and shall furthermore be obliged to support Bärwolf GmbH & Co. KG in taking the necessary measures to protect its rights. The information provided on this website does not constitute a confirmed offer of sale or a request to purchase a product or service and should therefore not form the basis of an investment decision. Bärwolf GmbH & Co. KG is entitled to change the information provided on this website at any time and without separate announcement and shall not be obliged to keep this information up to date. Links Bärwolf GmbH & Co. KG accepts no liability for the content of linked websites or for links published on linked websites. Hyperlinks are merely provided as a service and do not imply endorsement of the websites to which a link is provided on this site. Registered trademarks/definition of trademarks Any and all trademarks and logos and trade names on this website, associated websites and any other materials are deemed to be subject to the trademark rights of Bärwolf GmbH & Co. KG. Use of the trade mark in a stylised or modified form of our logo or of product names is only permitted with the approval of Bärwolf GmbH & Co. KG – it is strictly prohibited to use any such materials without approval. Copyright The content of this website is protected under copyright. Bärwolf GmbH & Co. KG hereby grants you the right to store and reproduce the texts provided in the publicly accessible area of the website. For copyright reasons, you are not permitted to store or reproduce the photos and graphics displayed on this website. EU mediation The EU provides a platform for online dispute resolution: http://ec.europa.eu/consumers/odr You will find our email address below. Responsible for content (pursuant to the TMG) If you require further information on the content of this website, please contact: Bärwolf GmbH & Co. KG Robert-Bosch-Str. 9 44629 Herne Germany Email: info@Baerwolf.com Phone: +49 (0) 2323 9371-0 Fax: +49 (0) 2323 937116 + 9371 17 CEO of Bärwolf GmbH & Co. KG Thomas Höfges, Michael Scholze Limited partnership with registered offices in Herne: Bochum Registration Court HRA 6100; personally liable partner Bärwolf Beteiligungsgesellschaft mbH with registered offices in Herne: Bochum Registration Court HRB 9017 Tax ID 325/5814/0588 The information will be made available pursuant to EU Directive 2000/31/EC; for further information please contact a legal professional.
Legal notice & General Terms and Conditions of Sale Legal notice Bärwolf GmbH & Co. KG Robert-Bosch-Str. 9 44629 Herne Germany Email: info@baerwolf.com Phone: +49 (0) 2323 9371-0 CEO: Thomas Höfges, Michael Scholze Limited partnership with registered offices in Herne: Bochum Registration Court HRA 6100; personally liable partner Bärwolf Beteiligungsgesellschaft mbH with registered offices in Herne: Bochum Registration Court HRB 9017 Tax ID 325/5814/0588 Copyright and trade mark protection Copyright 2022 Bärwolf GmbH & Co. KG. All rights reserved. All texts, photos, graphics, multimedia files and the layout are subject to copyright and the laws governing the protection of intellectual property. Reuse requires the explicit consent of Bärwolf GmbH & Co. KG. Liability for content We have taken great care in compiling all the information on our website. In the event of any inappropriate information being published, Bärwolf GmbH & Co. KG shall only assume liability in the event of gross negligence. Note As per its ruling of 12 May 1998, the Landgericht Hamburg [Regional Court] asserted that by placing a link on a website, any associated liability will also be assumed for the content of the linked website. According to the Regional Court, this can only be prevented by expressly disassociating oneself from such content. If links are provided to other websites, this applies to all of these links: Bärwolf GmbH & Co. KG expressly underlines that it does not have any influence whatsoever on the design and content of linked websites. Bärwolf GmbH & Co. KG therefore expressly disassociates itself from any and all content on all websites linked to its homepage and does not adopt such content as its own. This declaration applies to all links placed on this website. Note for social networks The imprint also applies to all other presences of www.baerwolf.com in the social networks, in particular: https://www.instagram.com/baerwolfgmbh/ https://www.pinterest.com/baerwolf_gmbh I. GENERAL 1.The following General Terms and Conditions of Sale apply to all offers, sales and supplies made by Bärwolf GmbH & Co. KG in their respectively valid version for the entire business relationship. They also apply to products that are not contained in the current price list and to supplies and products that are manufactured outside of Germany and supplied to Germany. Terms of procurement of the purchaser that differ from, conflict with or supplement these terms are only valid if we have expressly consented to their application in writing. Fulfilment of the contract by us does not replace this written confirmation. 2.A pre-requisite for deliveries is the creditworthiness of the purchaser. II. OFFERS To the extent not identified as binding, our offers are non-binding and create no obligation to accept an order. III. PRICES, PAYMENT TERMS 1.Unless otherwise expressly agreed, the prices are based on the currently applicable version of the supplier’s price lists. In this respect, the price applicable on the day of the order confirmation is decisive for the calculation. The prices are binding for a delivery within four months of entry into the contract. For later delivery dates, the supplier is entitled to increase the prices if circumstances change after entry into the contract, in particular if there is an increase in the price of raw materials or other costs. In this situation, the price changes are possible only within the context of and to offset the stated price and cost increases. 2.Unless otherwise expressly agreed, the prices are expressed from the Herne warehouse, inclusive of transport packaging but exclusive of statutory VAT at the applicable rate. 3.Payments are to be made to an account specified by the supplier. 4.The purchaser can only set off those receivables that are not disputed or that have been judicially determined. IV. DELIVERY AND DELAY 1.Unless otherwise expressly agreed in writing, the delivery dates and delivery deadlines stated are not binding and no warranty is made for complying with the same. 2.Compliance with the agreed deadlines for deliveries requires the timely receipt of all cooperation negotiations to be provided by the purchaser, as well as the purchaser’s compliance with the agreed payment terms and other obligations. If these requirements are not satisfied in a timely manner, the deadlines will be extended appropriately. 3.The delivery deadline will be extended appropriately in the event of measures as part of lawful industrial disputes, in particular strikes and lock-outs in our own company as well as in third-party companies (irrespective of the lawfulness of the industrial dispute), provided we are not guilty of any failure to take over, to take precautions or to avert; furthermore, in the event of unforeseen occurrences such as mobilisation, war, blockade, import and export bans, special statutory or official regulations, a lack of raw materials or fuel, fire or traffic closures, or force majeure if such hindrances demonstrably have an influence on the completion or delivery of the delivered item and occur in the supplier, in an upstream company or with a subcontractor or transport company and are not attributable to the supplier, whereby the supplier’s liability is only excluded for slight negligence. If the above circumstances make it impossible for the supplier to provide the service, the supplier is also entitled to withdraw from the contract. 4.In the event of delay by the supplier, the purchaser is entitled to its statutory rights. However, the purchaser can only bring a claim for damages if the supplier, its legal representatives or vicarious agents have acted wilfully or with gross negligence, or there is mandatory liability for damages resulting from death, bodily injury or injury to health, or from a breach of material contractual obligations. Damages for a breach of material contractual provisions are however limited to foreseeable losses typical for this type of contract, provided that no wilful intent or gross negligence exists, or the losses are not attributable to the supplier resulting from death, bodily injury or injury to health. At the supplier’s request, the purchaser is obliged to state within a reasonable period of time whether, despite the delay, it demands performance or rejects performance due to the delay. 5.If dispatch is delayed at the request of the purchaser or for reasons attributable to the purchaser, the supplier will charge the purchaser the costs arising from storage, and in the case of storage in the supplier’s warehouse at least 0.5% of the invoice amount, for each month started, beginning 10 days after the supplier notifies the purchaser that it is ready to dispatch the goods. This does not affect the right to enforce other claims arising as a result of the delay. Furthermore, after setting an appropriate deadline for acceptance of the goods and expiry of the same without a satisfactory result, the supplier is entitled to otherwise dispose of the items to be delivered and to re-supply the purchaser after an appropriate time limit or to withdraw from the contract and/or demand damages. V. LOADING AND PACKAGING 1.The costs of loading are to be borne by the purchaser. Where pool pallets are used for loading, these are to be returned by the purchaser after delivery. Any missing pallets will be invoiced to the purchaser. 2.The packaging will not be taken back unless a corresponding agreement has been made. Transportation packaging will be taken back within the scope of the legal obligations. The costs of returns by the purchaser and by the purchaser’s customers will not be met by the supplier. VI. SHIPPING 1.Shipping is at the risk of the purchaser. 2.Risk passes when the delivery is given to the shipping agent, when it leaves the factory or warehouse, irrespective of whether this is undertaken from the place of performance and who pays for the shipping costs. If shipping or acceptance is delayed for reasons not attributable to the supplier, risk passes on the day on which the goods are ready to be shipped. The supplier is not liable for damage to or loss of the goods during transportation. This does not apply if the damage is caused by incorrect packaging. 3.Apparent and/or visible transportation damage is to be notified to and acknowledged by the deliverer/driver in writing immediately upon delivery. Furthermore, any transportation damage is to be sufficiently documented and logged, including by taking photographs. The purchaser is furthermore obliged to immediately inform the supplier about any transportation damage by sending it the relevant documents. A breach of these obligations leads to the loss of any claims based on transportation damage. VII. PAYMENT TERMS 1.Unless otherwise expressly agreed, all invoices are payable immediately and without deduction. The day on which payment is received determines the timeliness of the payment. 2.In the case of a payment delay, the supplier is entitled to withhold deliveries and/or other services under all contracts until all payments owed by the purchaser to the supplier have been paid in full. The purchaser can avert this right of retention by providing a directly enforceable and unrestricted surety from a credit institution located in Germany for the amount of all outstanding payments. After the expiry of a payment deadline set by the supplier without a successful result, the supplier is also entitled to withdraw from all contracts that have not yet been carried out. The right to claim further damages is reserved. 3.In the event of a payment delay by a purchaser that is a business, such purchaser must pay interest at a rate of 9 percentage points above the base rate. The rights to claim further damages and the statutory provisions in the event of a default on debts are unaffected. 4.Any discount granted is only applied against the final invoice amount excluding costs of transportation and other ancillary costs. 5.Payments by cheque will only be deemed to have been made when cleared. VIII. RIGHT OF RETENTION 1.The supplier retains the title to goods supplied by it, as well as the work products resulting from their treatment or processing, until all present and future claims - including contingent and limited claims - that the supplier has against the purchaser resulting from the business relationship have been settled. If the purchaser is late in making payment, the supplier is entitled to enforce its right of retention without withdrawing from the contract. 2.The purchaser is obliged to store separately and label goods that are subject to retention of title. The purchaser will undertake any treatment or processing for the supplier without this giving rise to obligations on the part of the supplier. If the purchaser processes the supplier’s goods that are subject to retention of title with other items that are not its property, the supplier shall have co-ownership of the new products in the proportion that the value of the retained goods bears to the other articles at the time or processing or treatment. Any co-ownership rights of the purchaser resulting from the purchaser combining, amalgamating or mixing the goods supplied with other items are transferred now by the purchaser to the supplier. The purchaser will hold the items as custodian. It is liable for its own deliberate and negligent behaviour, as well as that of its legal representatives and people it employs to satisfy its obligations. The purchaser may only sell the goods supplied and the items resulting from the purchaser combining, amalgamating or mixing the goods supplied with other items within the course of proper business transactions against cash payment or subject to retention of title. Assigning the goods by way of security, pledging and other disposals that prejudice the rights of the supplier are not permitted. 3.The purchaser now assigns to the supplier the full amount of any receivables arising from the resale or another legal basis relating to the retained goods, including receivables for compensation payments due to the damage or destruction of the retained items, irrespective of whether these are contractual or statutory claims against the party that caused the damage, insurance companies or other third parties, and to compensation for derived profits. 4.If the retained goods are sold by the purchaser in a non-processed condition together with its own or third party goods, the purchaser assigns to the supplier the receivable arising from the resale in the amount of the retained goods. 5.If the supplier acquires co-ownership of the new item as a result of treatment or processing of the retained goods with goods belonging to other suppliers, the assignment upon resale includes the receivable that corresponds to the supplier’s ownership share of the item provided that this can be determined; otherwise it is the invoice value of the processed retained goods. 6.If the treatment or processing is undertaken as part of a contract for work or a contract for work and materials, the purchaser assigns in advance to the supplier its claim for payment for work that corresponds to the value of the processed retained goods. 7.Provided that the purchaser satisfies its obligations, the assignment will be treated as an undisclosed assignment and the purchaser is authorised to collect the receivable. The purchaser must separately account for and separately keep amounts received relating to the assigned receivable. 8.In the event that the contracts entered into by the purchaser for the resale of the retained goods are ineffective or void, the purchaser now assigns to the same extent the statutory claims it has in place of the assigned contractual claims, in particular claims for unjust enrichment. 9.If and to the extent the registration and / or the fulfilment of other requirements is a pre-requisite for the effectiveness of the retention of title, the purchaser is obliged to take the necessary actions for this at its own cost and without delay and to provide all the necessary notifications. 10.The purchaser must immediately notify the supplier of any access by third parties to the retained goods or the assigned receivables, and provide the supplier with the documents necessary for the intervention. The purchaser will bear the costs of the intervention. 11.The purchaser will bear the costs of returning the retained goods. 12.In the event that the purchaser’s liability is settled by participating in the direct debit procedure, all of the supplier’s rights from the retention of title set out above shall continue to exist until it is no longer possible to revoke the direct debits, provided that the supplier’s rights do not nevertheless continue to exist as a result of the preceding provisions. IX. WARRANTY 1.The provisions of the German Commercial Code (HGB) apply to the inspection of goods and the notification of defects, subject to the following conditions: a) The purchaser is obliged to inspect the properties of the goods that are crucial to the respective use immediately after delivery for obvious defects and to notify the supplier in writing of any obvious and/or apparent defects and to immediately cease any treatment or processing. If it is intended to install or mount the goods, the crucial properties for installation or mounting also include the internal properties of the goods and in this regard a random functional test and/or test installation is to be performed before installing or mounting. b) A breach of the obligations to carry out an inspection and notify defects represents a major non-compliance with the usual care required in the ordinary course of business vis-à-vis the supplier and therefore gross negligence, and claims for defects are excluded. This provision shall not apply if the supplier has maliciously concealed a defect and/or has given a guarantee for the properties of the item. 2.For a defect claim, the purchaser initially has the right to subsequent performance. In this respect, the supplier will - in its discretion - rectify the item or provide a replacement. If both types of subsequent performance are associated with disproportionate costs within the meaning of section 439 para. 4 German Civil Code (BGB), the supplier is entitled to refuse both types of subsequent performance. 3.If subsequent performance is unsuccessful or if it is justifiably refused by the supplier, the purchaser can request the rescission of the contract (rescission) or a reduction in the payment (reduction). The purchaser does not have a right of rescission in the case of a minor breach of contract, in particular where there are only minor defects. 4.If the purchaser has installed the defective item into another item or affixed it to another item in accordance with its nature and purpose, the purchaser can demand compensation for the costs necessary to remove the defective item and install or affix the subsequently rectified or newly supplied functioning item. Consequential loss of the purchaser caused by defects, such as loss of profit, downtime costs or additional costs for obtaining replacements are not dismantling or installation costs and are therefore not eligible for reimbursement as a reimbursement of expenses pursuant to section 439 para. 3 BGB. 5.The purchaser’s claims for damages - irrespective of their legal basis - are excluded. This does not apply if the supplier, its legal representatives or vicarious agents have acted with intent or gross negligence or, pursuant to the German Product Liability Law (Produkthaftungsgesetz), for damages resulting from death, bodily injury, injury to health or a breach of material contractual obligations and which are attributable to the supplier and for which liability is legally mandated. However, damages for a breach of material contractual obligations is limited to foreseeable losses typical for the type of contract, provided that there is no intent or gross negligence, or mandatory liability for damages attributable to the supplier resulting from death, bodily injury or injury to health. 6.It is the sole responsibility of the purchaser that the quality and properties of the goods are suitable for its special intended use. A lack of suitability does therefore not give rise to any claims, unless the supplier expressly provided a written warranty regarding the suitability of the goods for the intended purpose. Specifications of properties provided by the supplier do not constitute a warranty in the legal sense. Any manufacturer warranties are not affected by this. 7.The purchaser’s claims for defects expire one year after delivery of the goods. This does not apply if the supplier has maliciously concealed a defect or if the law mandatorily provides for longer limitation periods pursuant to section 438 para. 2 no. 2 BGB (buildings and building materials), and section 445b BGB (right of recourse). 8.The purchaser’s claims for damages expire one year after delivery of the goods. This does not apply if the defect is based on intent or gross negligence, or non-compliance with warranties, as well as damages attributable to the supplier resulting from death, bodily injury or injury to health. 9.Negotiations between the parties will not lead to a suspension of the limitation period pursuant to section 203 BGB. 10.In the case of subsequent performance, the limitation period will not be reset. 11.Advice provided by employees of the supplier neither constitutes a legal relationship nor an ancillary obligation under the contract, meaning that the supplier is not liable for such advice, subject to any agreements that may be expressly issued in writing. 12Recourse claims by the purchaser against the supplier pursuant to section 445 aBGB exist only to the extent that the purchaser has not made any agreements with its customers that go beyond statutory defect claims. X. PRODUCT LIABILITY The supplier is liable for the product in accordance with the laws of the Federal Republic of Germany in force. Any liability beyond that prescribed by law is hereby excluded. All damages payments not resulting from the statutory provisions regarding product liability and which are not prescribed by law are hereby expressly rejected. XI. DATA PROTECTION The purchaser is hereby informed that - to the extent permitted by law - personal data will be collected, stored and processed. Further information can be found in the data protection statement that can be found on the internet at www.baerwolf.com and which can also be requested from the data protection officer of Bärwolf GmbH & Co. KG. XII. SEVERABILITY CLAUSE If one or more provisions of these General Terms and Conditions of Sale is void, ineffective or contestable, the remaining provisions remain effective and binding. XIII. PLACE OF PERFORMANCE AND PLACE OF JURISDICTION The place of performance for our supplies and services, as well as the place of jurisdiction for all disputes arising under the contractual relationship relating to its existence and effectiveness, is Herne. The law of the Federal Republic of Germany applies. Revised: October 2018
Data privacy statement Bärwolf GmbH & Co. KG is delighted that you have visited our website and are interested in our products. We take your privacy and data protection extremely seriously. We want you to feel at ease when you visit our website. By accessing or using our website you accept the relevant statutory regulations. Bärwolf GmbH & Co. KG implements both the EU Data Protection Directive and any applicable national regulations. In this privacy statement, we refer to the relevant EU Directive. You are entitled to request information free of charge at any time on your stored personal data, its origin and destination, and the purpose of processing your data, and are also entitled to request that this data be rectified, blocked or deleted. In such cases, or if you have any other questions regarding your personal data, you can contact us using the address stated in the legal notice. Personal data Personal data is information on the material or personal situation of a specific or identifiable individual. This is the personal data you provide us with when you contact us, register and order or exchange goods. The data collected and/or processed for purely statistical purposes (e.g. regarding the use of our websites) is not classified as personal data as it cannot be assigned to any natural person. Collecting, processing and using personal data “Collecting” refers to procuring personal data. “Processing” refers to the process of storing, changing, transmitting, blocking and deleting personal data. “Using” refers to any use of personal data except processing. Personal data is collected via our websites for the purpose of order processing (and/or fulfilling our contractual agreement), including subsequent services, for administrative purposes, and for our own marketing purposes. The legal basis for this is primarily the General Data Protection Regulation GDPR [Datenschutz-Grundverordnung (DSGVO)] and the German Telemedia Act [Telemediengesetz (TMG)]. Personal data is stored and processed by us in the Federal Republic of Germany, in the US and possibly in third countries. We will supply you with any information held in relation to your person or pseudonym on request. If you would like this information, please send us your request by post. We shall also rectify, block or delete any stored data about you on request insofar as this is mandatory and/or possible under the relevant statutory regulations. Personal data will only be forwarded if this is deemed necessary for the purpose of order processing. This is the case if, for example, a parcel delivery service is hired to deliver orders or to process the order with the respective manufacturer. In addition, depending on the payment method you have selected, personal data may be forwarded to third parties for the purpose of completing payment transactions. Your data will not be transferred to third parties (e.g. for marketing purposes)! Server log files Bärwolf GmbH & Co. KG collects and stores information in server log files, which your browser automatically forwards to us. The following information is forwarded: Browser type/browser version Operating system Referrer URL Host name of your computer Exact time of the server request This information is not associated with a specific person. The data is not consolidated with other data sources. We reserve the right to retroactively examine the data if there is any indication of unlawful use of this website. Security Bärwolf GmbH & Co. KG is aware of the considerable importance of your privacy and security. We have therefore worked hard to ensure that your personal data is secure. We implement technical and organisational security measures to guarantee the highest possible security standards. Our security measures are continuously updated with new technologies. This may lead to changes in our use of cookies, for instance. Your right of access to your personal data Due to the terms of the German Data Protection Act, you are entitled to request information from us regarding the personal data we have stored about you. Furthermore, you are entitled to exercise your right to have the data concerned rectified, deleted or blocked subject to the relevant statutory requirements. We will be pleased to answer any questions you have in this regard. At the same time, we have to ensure that information is given to the correct people. In order to prevent personal data from erroneously being transmitted to the wrong person due to confusion, we kindly ask you to send any and all change requests to us stating your exact address or date of birth. Please use the email address datenschutz@baerwolf.comfor this purpose or send your inquiry to the postal address in the legal notice with the label ‘Datenschutz’ (data protection). Use of Google Analytics Our websites use the service Google Analytics, a service offered by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA, 94043, USA (“Google”). Google Analytics uses so-called “cookies”, text files which are stored on your computer and which enable us to analyse your use of our websites. The information generated by the cookies on how you use the websites is generally transmitted to a Google server in the USA and stored there. However, if IP anonymity is activated on our websites within the member states of the European Union or in other countries party to the Agreement on the European Economic Area, your IP address will be shortened beforehand by Google. Only in exceptional cases will your full IP address be transmitted to a Google server in the USA and shortened there. Google will use this information on behalf of the website operator to analyse your use of the website, compile reports on website activity and provide additional services related to the use of the website and the internet. Google will under no circumstances link the IP address transmitted by your browser to any other data held about you. You can prevent cookies from being stored by adjusting the relevant settings in your browser, however, this may restrict your use of the sites’ features. You can prevent Google from collecting and processing the data generated by cookies regarding your use of the website (including your IP address) by downloading and installing the browser plugin available on the following website: https://tools.google.com/dlpage/gaoptout?hl=en. Use of hCaptcha® Our websites use the hCaptcha® service, a registered trademark of Intuition Machines, Inc, 350 Alabama St, San Francisco, USA. hCaptcha® attempts to distinguish whether the data entered in our contact form originates from a natural person or an automated computer program (so-called "bots"). In this way, we want to ensure that no "bots" interact automatically on our website and protect ourselves from a flood of spam. For this purpose, hCaptcha® analyses the visitor's behaviour on our website on the basis of various characteristics. The analysis starts automatically as soon as the part of our website with activated hCaptcha® is called up. For the analysis, hCaptcha® evaluates various information, such as the IP address, the time spent on the website or the mouse movements of the visitor. If hCaptcha® is used in passive mode, the analysis can run completely in the background. In this case, there is no indication of the analysis. hCaptcha® 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 the websites is usually transmitted to and stored by Intuition Machines on servers in the United States. hCaptcha® uses these cookies to provide its service and functionality, such as passive mode. These cookies store a unique identifier for each user, which may enable hCaptcha® to track users across websites that use hCaptcha®. The basis for the processing of this data by hCaptcha® results from Art. 6 (1) lit. f DSVGO, as the processing is necessary to protect a legitimate interest, namely the protection of our websites against abusive, automated spam. If a corresponding consent has been requested, the processing and storage of the data is based exclusively on Art. 6 (1) DSGVO. The consent can be revoked at any time. Further information on the hCaptcha® service is available at the following links: http://www.hcaptcha.com/privacy, http://www.hcaptcha.com/terms Cookies Bärwolf GmbH & Co. KG uses cookies to track the preferences of users visiting our website and to ensure that our websites are optimally configured. A cookie is a small text file which is stored on your computer’s hard drive with your consent. You can activate or deactivate the use of cookies at any time. We have taken all possible steps to ensure that our website also functions without the use of cookies. Bärwolf GmbH & Co. KG uses two kinds of cookies: session and persistent cookies. Session cookies (temporary cookies for one session) are used to maintain the user’s session and tell the server which page should be displayed next. We can use persistent (protocol) cookies to identify which pages are visited. Cookies help us to improve our website design and attune it better to your requirements. A cookie only contains technical data; it does not contain personal data such as email addresses or similar information. What are cookies? Many of the websites you visit store small text files on your computer. This enables the website to identify your computer each time it visits the site. We call these text files ‘cookies’. We use two types of cookies: Type 1: Basic cookies We use these cookies as they are required to save your settings and preferences for when you visit our website. Without these cookies, you may find it difficult to use our website. If this website had a log-in function, an authentication cookie would be stored on your computer in order to identify you as a specific user after you had logged in. In the case of an embedded video, a session cookie is stored on your computer for a multimedia player. This cookie is required to stream video or audio content. Social plugins Many social networks have developed ‘social plugins’ that website operators can embed into their websites, thus enabling the users of social networks to share content with their ‘friends’ (and perform other related functions such as leaving comments). Our website may contain one or more of these social plugins. These plugins store and access cookies on the user’s computer. This enables the social networks to identify their members when they interact with these plugins. Please note that these social plugins are also used by the social networks for services which go beyond what is strictly necessary, such as behavioural advertising. Users should explicitly request such services. You can check your cookie settings on the relevant social media platforms. Type 2: Statistical cookies This website may use Google Analytics, an analytics service offered by Google Inc., in order to collect and analyse information on how this website is used. This will help us to improve your experience of using our website. The information that may be collected by us includes the various webpages you visited, as well as the date and time at which each page was visited. We do not collect any personal data. As Google Inc. is a US company, the information is transmitted to the servers of Google Inc. in the USA and stored there. Google will use this information on behalf of the website operator to analyse your use of the website, compile reports on website activity and provide additional services related to your use of the website and the internet. Google Inc. will also transfer this information to third parties insofar as this is a legal requirement or if third parties are commissioned to process this data on Google’s behalf. How long are cookies stored? We do not store cookies longer than is required for the purpose for which the cookie was intended. The majority of the cookies we use are so-called ‘session cookies’. That means that these cookies are deleted once you have closed your browser. Some cookies may be saved for a longer period, for example, if you explicitly request that your username, preferred language settings or other preferences are remembered when you login. In order to carry out long-term analyses regarding the use of this website, Google Analytics cookies are stored for up to two years. How can I block cookies? You can block cookies through your web browser settings. You can consult the website of the browser you use for further information on how to change the settings. Google Analytics can also be deactivated. If you wish to deactivate Google Analytics, go to the Google Tools website to download and install the appropriate add-on for your browser. The add-on to deactivate Google Analytics is compatible with Chrome, Internet Explorer, Safari, Firefox and Opera. Deactivating Google Analytics will not impair the functionality of this website. Disclaimer – Information for users of this website When configuring and publishing the information provided in this area of the website, Bärwolf GmbH & Co. KG proceeded to the best of its knowledge. We have done our best to ensure that all information provided at the point in time of publication is correct and up to date. Bärwolf GmbH & Co. KG does not accept any liability for the consequences of using the information provided on the website. Bärwolf GmbH & Co. KG does not accept any liability for the accuracy of the information provided and does not accept liability for claims or third-party losses arising from damage. The user shall not pass on any information to third parties cited in the programming, operating and service manuals, or any technical data or information that Bärwolf GmbH & Co. KG transmits via the websites (if applicable) to the user. The user has the right to view the information and use the information for the purpose for which it was published. If the user is required to transmit information to other persons for the purpose of providing a service, the user shall ensure that these other persons are subject to a similar confidentiality obligation. If the user obtains information that trademarks, brand names, copyrights, patents or any other industrial property or copyrights have been contested or violated by third parties, the user shall inform Bärwolf GmbH & Co. KG without undue delay and shall furthermore be obliged to support Bärwolf GmbH & Co. KG in taking the necessary measures to protect its rights. The information provided on this website does not constitute a confirmed offer of sale or a request to purchase a product or service and should therefore not form the basis of an investment decision. Bärwolf GmbH & Co. KG is entitled to change the information provided on this website at any time and without separate announcement and shall not be obliged to keep this information up to date. Links Bärwolf GmbH & Co. KG accepts no liability for the content of linked websites or for links published on linked websites. Hyperlinks are merely provided as a service and do not imply endorsement of the websites to which a link is provided on this site. Registered trademarks/definition of trademarks Any and all trademarks and logos and trade names on this website, associated websites and any other materials are deemed to be subject to the trademark rights of Bärwolf GmbH & Co. KG. Use of the trade mark in a stylised or modified form of our logo or of product names is only permitted with the approval of Bärwolf GmbH & Co. KG – it is strictly prohibited to use any such materials without approval. Copyright The content of this website is protected under copyright. Bärwolf GmbH & Co. KG hereby grants you the right to store and reproduce the texts provided in the publicly accessible area of the website. For copyright reasons, you are not permitted to store or reproduce the photos and graphics displayed on this website. EU mediation The EU provides a platform for online dispute resolution: http://ec.europa.eu/consumers/odr You will find our email address below. Responsible for content (pursuant to the TMG) If you require further information on the content of this website, please contact: Bärwolf GmbH & Co. KG Robert-Bosch-Str. 9 44629 Herne Germany Email: info@Baerwolf.com Phone: +49 (0) 2323 9371-0 CEO of Bärwolf GmbH & Co. KG Thomas Höfges, Michael Scholze Limited partnership with registered offices in Herne: Bochum Registration Court HRA 6100; personally liable partner Bärwolf Beteiligungsgesellschaft mbH with registered offices in Herne: Bochum Registration Court HRB 9017 Tax ID 325/5814/0588 The information will be made available pursuant to EU Directive 2000/31/EC; for further information please contact a legal professional.
