Details according to § 5 TMG:
Habla-Chemie GmbH
Habla-Chemie Street 1
95511 Mistelbach
Contact us:</strong
Phone: 09201 9910
Fax: 09201 99140
E-mail: info@habla.de
Sales tax ID
Sales tax identification number according to § 27 a sales tax law: DE 811 453 774
Local court Bayreuth – HRB 1343
Liability for content
All content on our website has been created with the utmost care and to the best of our knowledge. However, we cannot accept any liability for the accuracy, completeness and up-to-dateness of the content. As a service provider, we are responsible for our own content on these pages in accordance with § 7 (1) TMG (German Telemedia Act) and general laws. According to §§ 8 to 10 TMG, however, we are not obliged as a service provider to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information in accordance with general legislation remain unaffected by this.
However, liability in this respect is only possible from the time at which we become aware of a specific infringement. If we become aware of the above-mentioned infringements, we will remove this content immediately.
Limitation of liability for external links
Our website contains links to external third-party websites. We have no influence on the content of these directly or indirectly linked websites. Therefore, we cannot accept any liability for the accuracy of the content of external links. The respective providers or operators (authors) of the sites are responsible for the content of the external links.
The external links were checked for possible legal violations at the time the links were created and were free of illegal content at the time the links were created. It is not possible to constantly check the content of external links without concrete evidence of an infringement. In the case of direct or indirect links to third-party websites that lie outside our area of responsibility, a liability obligation would only exist if we were aware of the content and it would be technically possible and reasonable for us to prevent use in the event of illegal content.
This disclaimer also applies to links and references set within the ‘Habla-Chemie GmbH’ website by questioners, bloggers and guests of the discussion forum. For illegal, incorrect or incomplete contents and in particular for damages resulting from the use or non-use of such information, only the service provider of the page to which reference is made is liable, not the person who merely refers to the respective publication via links.
If we become aware of any legal infringements, we will remove the external links immediately.
Copyright
The content and works published on our website are subject to German copyright law (http://www.gesetze-im-internet.de/bundesrecht/urhg/gesamt.pdf). The reproduction, editing, distribution and any kind of utilisation of the intellectual property in an ideal or material sense of the author outside the limits of copyright law require the prior written consent of the respective author within the meaning of copyright law (http://www.gesetze-im-internet.de/bundesrecht/urhg/gesamt.pdf ). Downloads and copies of this site are only permitted for private and non-commercial use. If the content on our website was not created by us, the copyrights of third parties must be observed. Third-party content is labelled as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. If we become aware of any infringements, we will remove such content immediately.
Website design & production: living lingo
Privacy policy according to DSGVO
We are very delighted that you have shown interest in our enterprise. Data protection is of a particularly high priority for the management of the Habla-Chemie GmbH. The use of the Internet pages of the Habla-Chemie GmbH is possible without any indication of personal data. However, if a person concerned wishes to make use of special services of our company via our website, it may be necessary to process personal data. If the processing of personal data is necessary and there is no legal basis for such processing, we generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, e-mail address, or telephone number of a data subject shall always be in line with the General Data Protection Regulation (GDPR), and in accordance with the country-specific data protection regulations applicable to the Habla-Chemie GmbH. By means of this data protection declaration, our company would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed of the rights to which they are entitled by means of this data protection declaration.
As the controller, the Habla-Chemie GmbH has implemented numerous technical and organisational measures to ensure the most complete protection of personal data processed through this website. Nevertheless, Internet-based data transmissions can generally have security gaps, so absolute protection cannot be guaranteed. For this reason, every data subject is free to transmit personal data to us by alternative means, for example by telephone.
1. Definitions of terms
The data protection declaration of the Habla-Chemie GmbH is based on the terms used by the European legislator for the adoption of the General Data Protection Regulation (GDPR). Our privacy policy should be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would like to explain the terminology used in advance.
We use the following terms, among others, in this privacy policy
a) Personal data
Personal data is any information relating to an identified or identifiable natural person (hereinafter ‘data subject’). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject
Data subject is any identified or identifiable natural person whose personal data is processed by the controller responsible for the processing.
c) Processing
Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing is the marking of stored personal data with the aim of restricting its future processing.
e) Profiling
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
f) Pseudonymisation
Pseudonymisation is the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for the processing
The controller or controller responsible for the processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
h) Processor
Processor is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
i) Recipient
Recipient is a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular enquiry in accordance with Union or Member State law shall not be regarded as recipients.
j) Third party
A third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or processor, are authorised to process the personal data.
k) Consent
Consent is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. Name and address of the controller
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is
Habla-Chemie GmbH
Habla-Chemie-Str. 1
95511 Mistelbach
Mistelbach, Germany
Phone: 092019910
E-mail: info@habla.de
Website: habla.de
3. Cookies
The Internet pages of the Habla-Chemie GmbH use cookies. Cookies are text files that are placed and stored on a computer system via an Internet browser.
Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string that allows websites and servers to be assigned to the specific internet browser in which the cookie was stored. This enables the websites and servers visited to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognised and identified via the unique cookie ID.
Through the use of cookies, the Habla-Chemie GmbH can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.
By means of a cookie, the information and offers on our website can be optimised for the benefit of the user. As already mentioned, cookies enable us to recognise the users of our website. The purpose of this recognition is to make it easier for users to use our website. For example, the user of a website that uses cookies does not have to re-enter their access data each time they visit the website because this is taken over by the website and the cookie stored on the user’s computer system. Another example is the cookie of a shopping basket in an online shop. The online shop remembers the items that a customer has placed in the virtual shopping basket via a cookie.
The data subject can prevent the setting of cookies by our website at any time by means of a corresponding setting of the Internet browser used and thus permanently object to the setting of cookies. Furthermore, cookies that have already been set can be deleted at any time via an internet browser or other software programmes. This is possible in all common internet browsers. If the person concerned deactivates the setting of cookies in the Internet browser used, not all functions of our website may be fully usable.
4. Collection of general data and information
The website of the Habla-Chemie GmbH collects a series of general data and information when a data subject or automated system calls up the website. This general data and information is stored in the server log files. The (1) browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system accesses our website (so-called referrer), (4) the sub-websites which are accessed via an accessing system on our website can be recorded, (5) the date and time of access to the website, (6) an internet protocol address (IP address), (7) the internet service provider of the accessing system and (8) other similar data and information used for security purposes in the event of attacks on our information technology systems.
When using these general data and information, the Habla-Chemie GmbH does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimise the content of our website as well as its advertisement, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, the Habla-Chemie GmbH analyses anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process. The anonymous data of the server log files are stored separately from all personal data provided by a data subject.
5. Registration on our website
The data subject has the option of registering on the controller’s website by providing personal data. Which personal data is transmitted to the data controller is determined by the respective input mask used for registration. The personal data entered by the data subject is collected and stored exclusively for internal use by the controller and for the controller’s own purposes. The controller may arrange for the data to be passed on to one or more processors, such as a parcel service provider, who will also use the personal data exclusively for internal use attributable to the controller.
By registering on the controller’s website, the IP address assigned by the data subject’s Internet service provider (ISP), the date and time of registration are also stored. This data is stored against the background that this is the only way to prevent the misuse of our services and, if necessary, to enable criminal offences to be investigated. In this respect, the storage of this data is necessary to safeguard the controller. This data is not passed on to third parties unless there is a legal obligation to pass it on or the passing on serves the purpose of criminal prosecution.
The registration of the data subject with the voluntary provision of personal data serves the controller to offer the data subject content or services which, due to the nature of the matter, can only be offered to registered users. Registered persons are free to change the personal data provided during registration at any time or to have it completely deleted from the controller’s database.
The data controller shall provide any data subject with information at any time on request as to which personal data relating to the data subject is stored. Furthermore, the controller shall rectify or erase personal data at the request or indication of the data subject, insofar as this does not conflict with any statutory retention obligations. All of the controller’s employees are available to the data subject as contact persons in this context.
6. Contact possibility via the website
The website of the Habla-Chemie GmbH contains information that enables a quick electronic contact to our enterprise, as well as direct communication with us, which also includes a general address of the so-called electronic mail (e-mail address). If a data subject contacts the data controller by e-mail or via a contact form, the personal data transmitted by the data subject is automatically stored. Such personal data transmitted on a voluntary basis by a data subject to the controller are stored for the purposes of processing or contacting the data subject. This personal data is not passed on to third parties.
7. Routine erasure and blocking of personal data
The controller shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or as far as this is granted by the European legislator or other legislators in laws or regulations to which the controller is subject to.
If the purpose of storage ceases to apply or if a storage period prescribed by the European Directive and Regulation Giver or another competent legislator expires, the personal data will be routinely blocked or deleted in accordance with the statutory provisions.
8. Rights of the data subject
a) Right to confirmation
Each data subject shall have the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed. If a data subject wishes to avail himself of this right of confirmation, he or she may, at any time, contact any employee of the controller.
b) Right to informationt
Any person affected by the processing of personal data has the right, granted by the European Directive and Regulation, to obtain information free of charge at any time from the controller about the personal data stored about him/her and a copy of this information. Furthermore, the European legislator has granted the data subject access to the following information:
- the purposes of the processing</li
- the categories of personal data being processed</li
- the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations</li
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period</li
- the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing</li
- the existence of the right to lodge a complaint with a supervisory authority</li
- if the personal data are not collected from the data subject: All available information about the origin of the data
- the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject
Furthermore, the data subject has a right to information as to whether personal data has been transferred to a third country or to an international organisation. If this is the case, the data subject also has the right to obtain information about the appropriate safeguards in connection with the transfer.
If a data subject wishes to avail himself of this right of access, he or she may, at any time, contact any employee of the controller.
c) Right to rectification
Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to demand the immediate correction of incorrect personal data concerning them. Furthermore, taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, he or she may, at any time, contact any employee of the controller.
d) Right to erasure (right to be forgotten)
Any person affected by the processing of personal data has the right, granted by the European legislator, to obtain from the controller the erasure of personal data concerning him or her without undue delay where one of the following grounds applies and insofar as the processing is not necessary
The personal data have been collected or otherwise processed for such purposes for which they are no longer necessary.
The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing.
The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR.
The personal data has been processed unlawfully.
The personal data must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject.
The personal data have been collected in relation to the offer of information society services referred to in Article 8(1) GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal data stored by the Habla-Chemie GmbH, he or she may, at any time, contact any employee of the controller. An employee of Habla-Chemie GmbH shall promptly ensure that the erasure request is complied with immediately.
If the personal data have been made public by the Habla-Chemie GmbH and our company as the controller is obliged pursuant to Article 17(1) of the GDPR to erase the personal data, the Habla-Chemie GmbH shall take reasonable steps, including technical measures, taking account of available technology and the cost of implementation, to inform other controllers processing the personal data that the data subject has requested erasure by such controllers of any links to, or copy or replication of, those personal data, as far as processing is not required. An employees of the Habla-Chemie GmbH will arrange the necessary measures in individual cases.
e) Right to restriction of processing
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies
The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data.
The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead.
The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.
The data subject has objected to processing pursuant to Article 21(1) GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
If one of the aforementioned conditions is met, and a data subject wishes to request the restriction of the processing of personal data stored by the Habla-Chemie GmbH, he or she may at any time contact any employee of the controller. The employee of the Habla-Chemie GmbH will arrange the restriction of the processing.
f) Right to data portability
Each data subject shall have the right granted by the European legislator to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format. They also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR or on a contract pursuant to point (b) of Article 6(1) of the GDPR and the processing is carried out by automated means, unless the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising their right to data portability pursuant to Art. 20 (1) GDPR, the data subject has the right to have the personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact any employee of the Habla-Chemie GmbH.
g) Right to object
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal data concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
The Habla-Chemie GmbH shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.
If the Habla-Chemie GmbH processes personal data for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to the Habla-Chemie GmbH to the processing for direct marketing purposes, the Habla-Chemie GmbH will no longer process the personal data for these purposes.
In addition, the data subject has the right, on grounds relating to his or her particular situation, to object to processing of personal data concerning him or her by the Habla-Chemie GmbH for scientific or historical research purposes, or for statistical purposes pursuant to Article 89(1) of the GDPR, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
In order to exercise the right to object, the data subject may contact any employee of the Habla-Chemie GmbH. The data subject is also free, in the context of the use of information society services, and notwithstanding Directive 2002/58/EC, to exercise his or her right to object by automated means using technical specifications.
h) Automated decisions in individual cases including profiling
Each data subject shall have the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her, or similarly significantly affects him or her, provided that the decision (1) is not necessary for the conclusion or performance of a contract between the data subject and the controller, or (2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is based on the data subject’s explicit consent.
If the decision (1) is necessary for entering into, or the performance of, a contract between the data subject and a data controller, or (2) it is based on the data subject’s explicit consent, the Habla-Chemie GmbH shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and contest the decision.
If the data subject wishes to exercise the rights concerning automated individual decision-making, he or she may, at any time, contact any employee of the controller.
i) Right to withdraw consent under data protection law
Any person affected by the processing of personal data has the right granted by the European legislator of directives and regulations to withdraw consent to the processing of personal data at any time.
If the data subject wishes to exercise the right to withdraw the consent, he or she may, at any time, contact any employee of the controller.
9. Legal basis of the processing
Art. 6 I lit. a GDPR serves our company as the legal basis for processing operations for which we obtain consent for a specific processing purpose. If the processing of personal data is necessary for the fulfilment of a contract to which the data subject is a party, as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of another service or consideration, the processing is based on Art. 6 I lit. b GDPR. The same applies to such processing operations that are necessary for the performance of pre-contractual measures, for example in cases of enquiries about our products or services. If our company is subject to a legal obligation which requires the processing of personal data, such as for the fulfilment of tax obligations, the processing is based on Art. 6 I lit. c GDPR. In rare cases, the processing of personal data may become necessary in order to protect the vital interests of the data subject or another natural person. This would be the case, for example, if a visitor were injured in our company and their name, age, health insurance details or other vital information would have to be passed on to a doctor, hospital or other third party. The processing would then be based on Art. 6 I lit. d GDPR. Ultimately, processing operations could be based on Art. 6 I lit. f GDPR. Processing operations that are not covered by any of the aforementioned legal bases are based on this legal basis if the processing is necessary to safeguard a legitimate interest of our company or a third party, provided that the interests, fundamental rights and freedoms of the data subject do not prevail. We are permitted to carry out such processing operations in particular because they have been specifically mentioned by the European legislator. In this respect, it took the view that a legitimate interest could be assumed if the data subject is a customer of the controller (Recital 47 Sentence 2 GDPR).
10. Legitimate interests in the processing pursued by the controller or a third party
Where the processing of personal data is based on Article 6 I lit. f GDPR our legitimate interest is to carry out our business in favour of the well-being of all our employees and our shareholders.
11. Duration for which the personal data will be stored
The criterion for the duration of the storage of personal data is the respective statutory retention period. Once this period has expired, the corresponding data is routinely deleted, provided it is no longer required for the fulfilment or initiation of a contract.
12. Legal or contractual provisions for the provision of personal data
Necessity for the conclusion of the contract; obligation of the data subject to provide the personal data; possible consequences of non-provision
We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or may also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary for a contract to be concluded for a data subject to provide us with personal data that must subsequently be processed by us. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact one of our employees. Our employee will inform the data subject on a case-by-case basis whether the provision of the personal data is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and what the consequences would be if the personal data were not provided.
13. Existence of automated decision-making
As a responsible company, we do not use automated decision-making or profiling.
General Terms and Conditions of Habla Chemie GmbH, Habla-Chemie-Straße 1, 95511 Mistelbach, Austria
(hereinafter referred to as Habla)
1. Validity of the general terms and conditions
1.1 These General Terms and Conditions shall apply to all legal relationships between HABLA and third parties (hereinafter referred to as ‘Customers’) which have their basis or cause in a contract or in a pre-contractual relationship with a Customer aimed at the initiation of a contract, unless their validity is expressly excluded in text form.
1.2 These general terms and conditions do not apply to consumers in accordance with § 13 BGB.
1.3 The delivery and rental of goods, the provision of services and works, the transfer of know-how and other services, as well as the offers of HABLA are exclusively based on these General Terms and Conditions. These terms and conditions shall therefore also apply to all future business relations, even if they are not expressly agreed again. These terms and conditions shall be deemed to have been accepted at the latest upon receipt of the goods, the service or our offers, regardless of whether these are made with or without a request from you.
1.4 Other terms and conditions of business, sale, payment and/or delivery on the part of the customer shall not be recognised by HABLA, even if an order is fulfilled in the knowledge of deviating terms and conditions, unless otherwise stipulated and recognised in writing.
1.5 The parties may deviate from these terms and conditions in the contract by express textual provision.
2. Order, offer
2.1 Text and telephone orders shall be binding on the customer for four weeks from the date of their submission. However, the contract shall only be concluded upon HABLA’s declaration of acceptance or delivery. Declarations of acceptance and all orders. Supplements, amendments or collateral agreements, specifically also with regard to this clause, require the written confirmation of HABLA in order to be legally effective.
2.2 Unless expressly stated otherwise, illustrations, drawings, dimensions, weights and other descriptions of goods and services in documents forming part of an offer are to be understood as approximate only.
2.3 The customer must accept technical changes and changes to the goods in shape, colour and/or weight while maintaining the same quality and identical prices.
2.4 The customer shall be responsible for checking the usability of HABLA’s goods prior to conclusion of the contract.
3. Supplementary principles and unauthorised exercise of rights
3.1 Trade practices which have become established in the cleaning and disinfection industry shall be taken into account in the execution of all business relations with HABLA, as well as in the conclusion of contracts and their fulfilment, insofar as they do not contradict these General Terms and Conditions.
3.2 When interpreting declarations, the recognisable intention of the declaring party shall be decisive.
3.3 When interpreting contracts, the purpose of the contract, the remaining content of the contract, the practices that have developed in the mutual relations between the partners and the customary commercial practice, in particular commercial practices, must be taken into account.
3.4 The individual parts of these Terms and Conditions shall be interpreted in such a way that they do not contradict each other.
3.5 The exercise of rights arising from the business relationship is inadmissible if it is intended to cause damage to the business partner.
3.6 The exercise of rights arising from a legal relationship by a customer is also inadmissible if this contradicts the customer’s own behaviour in connection with this legal relationship.
4. Performance, transfer of risk
4.1 The place of performance shall be the registered office of HABLA.
4.2 If the time for performance has neither been agreed nor can be inferred from the purpose of the performance, HABLA shall be entitled to perform immediately and shall be obliged to inform the customer of the performance in a customary manner. The customer shall be entitled to demand performance from HABLA within a reasonable period of time set by the customer.
4.3 Delivery and performance dates or deadlines, which can be agreed as binding or non-binding, must be made in writing. Delivery dates are generally not fixed dates.
4.4 HABLA shall not be responsible for delays in delivery and performance due to force majeure and due to events which make delivery considerably more difficult or impossible – including in particular war, strike, lockout, shortage of raw materials and energy, advance delivery by raw material manufacturers or official orders and so on, even if they occur at the suppliers or their sub-suppliers – even in the case of bindingly agreed deadlines and dates. Such events shall entitle HABLA to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part due to the part not yet fulfilled.
4.5 HABLA shall render its performance in accordance with the intended purpose. If the intended purpose is neither agreed upon nor recognisable for HABLA, HABLA shall provide the service in a manner that is customary.
4.6 HABLA guarantees to provide its services free of third-party rights, unless expressly stated otherwise.
4.7 If, according to the contractual agreement, the provision of the service is dependent on advance performance by the customer or if services of the customer are to be included so that HABLA can provide the overall service, HABLA shall not assume any warranty for the suitability, quality or other characteristics of the service provided by the customer. If HABLA fails to provide the service due to the customer’s advance performance or due to the fact that (advance) services or additional services to be provided by the customer prevent HABLA from providing the service successfully, the customer shall remain obliged to provide consideration.
4.8 HABLA shall be entitled to make partial deliveries. HABLA shall also be entitled to make excess or short deliveries of up to 10% and to adjust the prices accordingly.
4.9 In the case of sale by despatch, the risk shall pass when the goods are handed over to the person engaged for despatch (carrier, forwarding agent, etc.) or when the goods are loaded. This shall also apply if HABLA delivers the goods itself.
5. Prices, payment
5.1 All remunerations, prices and other charges shall be net plus statutory VAT and shall apply ex Bayreuth, unless otherwise agreed in writing.
5.2 In the event of an agreed delivery time or a delivery time for which HABLA is not responsible of more than four weeks since conclusion of the contract, HABLA shall be entitled to adjust prices if purchase prices, processing or transport costs have increased. In the event of a price increase of 5% or more, the customer has the right to withdraw from the contract within 2 weeks of notification.
5.3 HABLA shall be entitled at any time to demand partial payments for partial deliveries or completed partial services within the scope of the delivery or service.
5.4 Payments must be made immediately and without deduction. Bills of exchange are not accepted. Cheques shall only be accepted on account of performance. Payment shall only be deemed to have been made when HABLA can freely dispose of the equivalent value; fees, discounts, collection charges and other ancillary payment costs shall be borne by the customer.
5.4 Discounts may only be withheld if this has been expressly agreed in writing.
5.6 In no case shall the customer be entitled to set off counterclaims or to exercise a right of retention of the means of payment, unless his counterclaim has been recognised by HABLA or has become res judicata. Assigned claims may not be offset at all.
5.7 If the customer is in default of payment, HABLA shall be entitled to charge default interest at a rate of 9 percentage points above the base interest rate p.a. and the statutory default lump sum. HABLA may withhold further deliveries and services if the customer is in default of payment. In this case, HABLA shall also be entitled to terminate any payment terms granted and to demand immediate settlement of outstanding invoices.
5.8 If, after conclusion of the contract, HABLA’s claim for payment is jeopardised, for example, by a substantial deterioration of the customer’s assets or if the customer has provided false information about his creditworthiness upon conclusion of the contract or if the customer is in arrears with a due payment from current or previous contracts, HABLA shall be entitled to withdraw from the part of the contract not yet fulfilled or to demand cash payment or security for further deliveries or services before delivery. HABLA shall be entitled to demand cash payment or security before delivery of the goods or performance of the services or the work without the need to set a grace period in advance. In this case, HABLA shall also be entitled to cancel any payment terms granted and to demand immediate settlement of outstanding invoices and to assert claims for damages against the customer.
6. Obligations of the customer
6.1 The customer must take careful note of the messages and templates transmitted by HABLA and check their content before approving them.
6.2 Supplies of the customer shall only be accepted by HABLA for deliveries and services after express agreement.
7. Securing the fulfilment of the contract
7.1 HABLA shall be entitled to withhold performance if HABLA is obliged to perform in advance under the contract or by law, if it becomes apparent after conclusion of the contract that the economic situation of the other party has become so difficult that the counter-performance is jeopardised. In this case, the customer may avert the withholding of performance by providing security.
8. Retention of title
8.1 The goods shall remain the property of HABLA until the purchase price has been paid in full. The customer shall be entitled to use, process and sell these goods subject to retention of title in the ordinary course of use and business as long as he is not in default. Pledging or transfer by way of security of HABLA’s goods is not permitted until full payment has been made.
8.2 Furthermore, the customer shall grant HABLA the following securities (see 8.3. – 8.5.) until fulfilment of all claims of HABLA (including all current account balance claims) to which HABLA is entitled against its customer now or in the future for any legal reason, which HABLA shall release upon request at its discretion, provided that the value of the securities exceeds its claims by more than 20 % on a sustained basis.
8.3 The customer and HABLA agree that a new item is created for HABLA when the delivered goods are processed in accordance with § 950 BGB. In the event that the delivered goods are combined or mixed with other movable objects (§§ 947, 948 BGB), the customer assigns his rights of ownership or co-ownership to HABLA in advance. For all cases in which HABLA loses ownership rights to the delivered goods as a result of combining, mixing or processing the delivered goods, the customer hereby assigns to HABLA in advance his claim for compensation in accordance with § 951 BGB.
8.4 Claims of the customer arising from a resale to third parties shall be assigned to HABLA in advance. If the goods are sold by the customer together with other goods, the assignment of the purchase price claim shall only apply to the amount of the value of the goods delivered by HABLA. The customer is revocably authorised to collect the claim arising from the resale in the ordinary course of business.
8.5 Upon request, the customer shall inform HABLA of the debtors of the assigned claims and disclose the assignment of the debt.
8.6 In the event of access by third parties to the reserved goods or the assigned claims, the customer shall be obliged to point out HABLA’s ownership and to notify HABLA immediately. In the event of behaviour contrary to the contract, in particular default of payment, HABLA shall be entitled to take back the goods subject to retention of title or, if necessary, to demand from the customer the assignment of the claims for restitution against third parties.
9. Condition of goods, warranty rights, duty to inspect
9.1 HABLA undertakes to provide all goods in a professional manner as is customary in the trade. Goods of average quality and grade are owed.
9.2 HABLA shall be liable within 12 months after delivery of the goods or after performance and, if necessary, acceptance of the service, for ensuring that the goods or the service are free from defects which cancel or significantly reduce the suitability of the goods for normal use and operation. Defects caused by wear and tear are not covered, even if these defects occur within the first year after delivery. Furthermore, such defects are not covered which – not attributable to the behaviour of HABLA – are caused by improper use by the purchaser or a third party, unauthorised modifications or similar circumstances within the sphere of the purchaser.
9.3 A special quality of the goods sold by HABLA or their suitability for a special use shall not be deemed agreed, unless the parties have expressly agreed otherwise in writing.
9.4 The warranty period shall commence on the date of delivery or performance. The goods and their packaging must be inspected immediately upon delivery in accordance with standard commercial practice. Complaints about visible defects, the quantity and the range of goods must be made in writing and substantiated within 7 days of receipt of the goods. Warranty claims against HABLA shall be excluded if the complaint is not made or is made late.
9.5 Notices of defects and complaints of any kind must be made immediately in text form. Warranty claims against HABLA are excluded in the event of omitted or delayed notification of defects. Faults and defects in the delivered products must be reported and proven to HABLA irrespective of how long after the purchase such a fault or defect occurs.
9.6 Claims for defects of the goods shall be limited to subsequent fulfilment, namely at HABLA’s option to the right of rectification and/or replacement. HABLA shall be granted reasonable time and opportunity for such subsequent fulfilment. If HABLA is denied this opportunity, HABLA shall be released from the obligation to remedy the defect and from any further claims for defects. The purchaser shall only be entitled to withdraw from the contract or to reduce the purchase price if repeated attempts by HABLA to remedy the defect and/or to deliver a replacement have failed.
9.7 The provisions of §§ 478 and 479 BGB on recourse claims shall remain unaffected with the proviso that HABLA shall only be liable for damages if the defect is due to intentional or grossly negligent behaviour on the part of HABLA and / or the damage consists of injury to life, body or health.
9.8 Any claims for damages shall be limited from the outset to typical and foreseeable damages, unless otherwise agreed herein. Consequential damages are generally excluded.
9.9 Warranty claims against HABLA are only available to its direct contractual partner and are not assignable.
10. Liability
10.1 HABLA shall only be liable for damages resulting from delay or impossibility in the event of gross negligence or intent. HABLA shall not be liable for more remote or consequential damages or for force majeure.
10.2 In the event of injury to life, limb or health resulting from a negligent breach of duty by HABLA or a wilful or negligent breach of duty by a legal representative or vicarious agent of HABLA, the exclusions and limitations of liability set out below in the Special Conditions shall not apply.
10.3 The same shall also apply in the event of other damage caused by a grossly negligent breach of duty by HABLA or a wilful or grossly negligent breach of duty by a legal representative or vicarious agent of HABLA and in the event of a breach of a cardinal obligation under the contract as well as in cases of mandatory liability prescribed by law.
11. Applicable law, place of fulfilment and place of jurisdiction
11.1 The legal relationship between HABLA and third parties shall be governed exclusively by German law. International sales law shall not apply.
11.2 The exclusive place of jurisdiction and place of fulfilment for the mutual obligations shall be Bayreuth as the seat of the regional court responsible for HABLA.
12. Exclusion of verbal collateral agreements, severability clause
12.1 Amendments, supplements, full or partial cancellation based on agreements must be made in text form to be effective. This also applies to this clause itself.
Verbal collateral agreements – including those made prior to the conclusion of the contract – shall have no effect.
12.2 The invalidity of individual contractual provisions shall not result in the invalidity of the contract as a whole. The invalid provisions shall be replaced by the legally valid provisions which the parties to the contract would have agreed upon had they been aware of the legal situation at the time of conclusion of the contract, taking into account the meaning and purpose of these terms and conditions, in order to achieve the desired economic success. Otherwise, the statutory provisions shall apply.