General Terms and Conditions HONIG-WERNET GMBH
in D-79183 Waldkirch
APPLICATION AND CONDITIONS
1. Deliveries, services and offers of the company HONIG-WERNET GMBH (hereinafter referred to as "seller") are made exclusively on the basis of the following terms and conditions.
These also apply to all future business relationships, even if they have not been expressly agreed again.
At the latest with the receipt of the goods or the performance the conditions are considered accepted. Counter-confirmations of the buyer under reference to his business or purchase conditions are hereby expressly contradicted.
2. Deviations from these terms and conditions are only effective if the seller confirms them in writing.
DEALS
All offers made by the seller are non-binding.
All orders and agreements such as Side agreements require the written confirmation of the seller, this also applies to orders made through sales representatives of the seller. All prices are exclusive of statutory tax.
PRICES
All prices are net prices.
The prices are, unless otherwise agreed in writing, duty paid ex works.
RISK, DELIVERY, ACCEPTANCE
1. The risk passes to the buyer at the latest with the dispatch of the goods, this also applies if the dispatch takes place in partial deliveries. Unless otherwise stated incoterms / delivery conditions have been agreed as "ex works", the transfer of risk shall be in accordance with the provisions of the internationally applicable Incoterms. However, this must be agreed in writing.
Upon request and at the expense of the buyer, the seller insures the goods against theft, transport / fire and water damage.
2. If the shipment of the goods is delayed as a result of circumstances for which the buyer is responsible, the risk shall pass to the buyer from the date of readiness for shipment.
3. At the request of the Buyer, the Seller will ship the goods to the place designated by the Buyer, the costs of which shall be borne by the Buyer.
4. If the delivery takes place on industrial or Euro pallets, these shall be immediately replaced in the same number and quality or returned within 30 days after delivery carriage paid in the same number and quality.
Failure to meet this deadline, the pallets are charged to the buyer at cost price.
5. Without prejudice to the provision in paragraph 1, the buyer is obliged to note transport damage on the bill of lading and to send it to the seller without delay, sending a copy of the bill of lading.
DELIVERIES AND PERFORMANCE TIME
1. Delivery and service delays due to force majeure and events that make the performance significantly more difficult or impossible for the seller. These include, in particular, strikes, boycott, lockouts, official orders, etc., even if they occur with suppliers of the seller or their subcontractors, the seller is not responsible even in the case of deadlines and deadlines agreed in writing. They entitle the seller 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 because of the unfulfilled part. If the delivery time is extended or if the seller is released from his obligation, the buyer can derive compensation claims from this.
The seller can only invoke the named circumstances if he notifies the buyer immediately.
2. If the shipment is delayed at the request of the buyer, the seller is entitled after the setting and fruitless expiry of a reasonable period otherwise to dispose of the delivery item and to supply the buyer with a reasonably extended period, all resulting costs shall be borne by the buyer.
CANCELLATION OF ORDERS
The cancellation of an order requires the consent of the seller.
The seller is entitled to demand a processing fee of up to 5% of the total order value including the additional costs for special requests or the use of the expenses actually incurred without further evidence of damage.
WARRANTY
1. The buyer must notify the seller of any defects immediately, but no later than 5 days after receipt of the goods in writing.
2. The buyer has to provide the rejected goods for inspection by a representative of the seller himself.
3. In the case of a justified complaint, the seller will provide replacement for the defective goods. If the replacement fails after a reasonable period, the buyer may demand a reduction of the purchase price.
4. Warranty claims against the seller are only available to the direct buyer and are not assignable / transferable.
5. The above paragraphs conclude the warranty for the products of the seller and exclude any other warranty claims of any kind.
6. Deliveries of raw materials must always be checked analytically after receipt at the latest 10 days after receipt,
Only in this way is a legally compliant further processing guaranteed.
7. Complaints after processing / processing of raw materials are generally not recognized.
8. Deliveries of products intended for self-labeling must be placed on the market before being placed on the market
statutory data. In principle, articles without legal information such as lot number, address, best before ..., honey type, country of origin or region, and filling quantity may not be placed on the market.
OWNERSHIP
Until full payment of all claims of the seller by the buyer, including all ancillary claims such as current account, etc. pp. in case of late payment, the goods remain the property of the seller and may not be sold without the consent of the seller, unless there is a written declaration of assignment of the buyer to the seller.
9. Delivery of products with own labels
The labels must be checked by the customer in food law,
Here the seller can be helpful.
The buyer must request a valid product specification from the seller prior to each delivery to counteract any changes in composition and to change the labels. In principle, an agreement is also possible in which the seller arranges all these things, but this requires a special written form and a special commission.
Again, this may only happen in consultation with the seller.
PAYMENT
1. The seller is entitled, in spite of contrary provisions of the buyer, first to offset payments against his older debts. If costs and interest have already arisen, the seller can first credit the payment to the costs, then to the interest and finally to the main service.
2. A payment is deemed to have taken place only when the seller is able to dispose of the amount - and unconditionally. In the case of checks, the payment is considered to have been made when the check has been cashed.
3. The surrender of bills of exchange and acceptances is only permitted after previous agreement.
It is solely for performance. Cash discounts will not be granted unless otherwise agreed in writing. The bills of exchange and acceptances submitted must be provided with the bills of exchange of a known bank and must not exceed a term of 60 days. The bank-based discount and bills of exchange are payable by the buyer when the claim is due and must be paid immediately in cash.
4. If the buyer exceeds the agreed payment term, the seller is entitled to charge interest at the rate of 8% above the discount rate of the Deutsche Bundesbank from the relevant date. The interest is to be set lower if the buyer proves a lower burden. Incidentally, the seller remains free to assert any higher damage specifically incurred.
5. If the buyer defaults on the seller is entitled to a contractual penalty in the amount of 1% of the invoice value per day of default, but not more than 20% of the invoice value.
6. If the buyer does not fulfill his payment obligations, in particular does not pay a check or bill of exchange or stops his payment, the seller has the right to demand payment of the entire remaining debt and demand immediate payment. If the seller becomes aware of other circumstances that call into question the creditworthiness of the buyer, he is also entitled to demand cash payment against the return of bills of exchange or checks. The seller is also authorized in these cases to demand advance payments and securities.
7. The buyer is entitled to offset, refusal of performance and retention only if his counterclaims have been legally established and are undisputed.
DAMAGES
Claims for damages of all kinds, in particular due to personal / material or pecuniary damage, we exclude in principle.
I. Name and address of the person responsible
The person responsible within the meaning of the basic data protection regulation and other national data protection laws of the member states as well as other data protection regulations is the:
Honig-Wernet GmbH
Forstweg 1-3
79183 Waldkirch
Germany
Tel .: + 49-7681-474009-0
E-Mail: kontakt@honig-wernet.de
Website: www.honig-wernet.de
II. General information about data processing
1. Scope of processing of personal data
In principle, we process personal data of our users only insofar as this is necessary to provide a functioning website and our content and services. The processing of personal data of our users takes place regularly only with the consent of the user. An exception applies to cases in which prior consent can not be obtained for reasons of fact and the processing of the data is permitted by law.
2. Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) as legal basis.
In the processing of personal data necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b DSGVO as legal basis. This also applies to processing operations required to carry out pre-contractual actions.
Insofar as processing of personal data is required to fulfill a legal obligation that is subject to our company, Art. 6 para. 1 lit. c DSGVO as legal basis.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d DSGVO as legal basis.
If processing is necessary to safeguard the legitimate interests of our company or a third party, and if the interests, fundamental rights and freedoms of the data subject do not prevail over the first interest, Art. 6 para. 1 lit. f DSGVO as legal basis for processing.
3. Data deletion and storage duration
The personal data of the data subject will be deleted or blocked as soon as the purpose of the storage is deleted. In addition, such storage may be provided for by the European or national legislator in EU regulations, laws or other regulations to which the controller is subject. Blocking or deletion of the data also takes place when a storage period prescribed by the standards mentioned expires, unless there is a need for further storage of the data for conclusion of a contract or fulfillment of the contract.
III. Provision of the website and creation of logfiles
1. Description and scope of data processing
Each time our website is accessed, our system automatically collects data and information from the computer system of the calling computer.
The following data is collected here:
(1) Information about the browser type and version used
(2) The operating system of the user
(3) The Internet service provider of the user
(4) The IP address of the user
(5) Date and time of access
(6) Websites from which the system of the user comes to our website
(7) Web sites accessed by the user's system through our website
The data is also stored in the log files of our system. A storage of this data together with other personal data of the user does not take place.
2. Legal basis for data processing
The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f DSGVO.
3. Purpose of the data processing
The temporary storage of the IP address by the system is necessary to allow delivery of the website to the computer of the user. To do this, the user's IP address must be kept for the duration of the session.
Storage in log files is done to ensure the functionality of the website. In addition, the data is used to optimize the website and to ensure the security of our information technology systems. An evaluation of the data for marketing purposes does not take place in this context.
For these purposes, our legitimate interest in the processing of data according to Art. 6 para. 1 lit. f DSGVO.
4. Duration of storage
The data will be deleted as soon as it is no longer necessary for the purpose of its collection. In the case of collecting the data for providing the website, this is the case when the respective session is completed.
In the case of storing the data in log files, this is the case after no more than seven days. An additional storage is possible. In this case, the IP addresses of the users are deleted or alienated, so that an assignment of the calling client is no longer possible.
5. Opposition and removal possibility
The collection of data for the provision of the website and the storage of the data in log files is essential for the operation of the website. There is consequently no contradiction on the part of the user.
IV. Contact form and e-mail contact
1. Description and scope of data processing
On our website is a contact form available, which can be used for electronic contact. If a user realizes this option, the data entered in the input mask will be transmitted to us and saved. These data are according to the request of the requestor:
Inquiry type (mandatory field)
theme
company
First name (required)
Last name (required)
road
Postcode
Place (required)
country
phone
mobile phone
Email (required)
At the time of sending the message, the following data is also stored:
(1) The IP address of the user
(2) Date and time of registration
For the processing of the data in the context of the sending process your consent is obtained and referred to this privacy statement.
Alternatively, contact via the provided e-mail address is possible. In this case, the user's personal data transmitted by e-mail will be stored.
In this context, there is no disclosure of the data to third parties. The data is used exclusively for processing the conversation.
2. Legal basis for data processing
Legal basis for the processing of the data is in the presence of the consent of the user Art. 6 para. 1 lit. a GDPR.
The legal basis for the processing of the data transmitted in the course of sending an e-mail is Article 6 (1) lit. f DSGVO. If the e-mail contact aims to conclude a contract, then additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO.
3. Purpose of the data processing
The processing of the personal data from the input mask serves us only to process the contact. In the case of contact via e-mail, this also includes the required legitimate interest in the processing of the data.
The other personal data processed during the sending process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.
4. Duration of storage
The data will be deleted as soon as it is no longer necessary for the purpose of its collection. For the personal data from the input form of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when it can be inferred from the circumstances that the relevant facts have been finally clarified.
The additional personal data collected during the sending process will be deleted at the latest after a period of seven days.
5. Opposition and removal possibility
The user has the possibility at any time to revoke his consent to the processing of the personal data. If the user contacts us by e-mail, he may object to the storage of his personal data at any time. In such a case, the conversation can not continue.
All personal data stored in the course of contacting will be deleted in this case.
V. Use of Google Web Fonts
This site uses so-called web fonts, provided by Google, for the uniform representation of fonts. When you call up a page, your browser loads the required web fonts into your browser cache to display texts and fonts correctly. If your browser does not support web fonts, a default font will be used by your computer.
1. Scope of processing of personal data
It will be transmitted to the Google servers which of our web pages you have visited. Also, the IP address of the browser of the terminal of the visitor of this website is stored by Google. For more information, see the Google Privacy Policy, which you can access here:
https://developers.google.com/fonts/faq and in Google's Privacy Policy: https://www.google.com/policies/privacy/
VI. Web analysis by Matomo (formerly PIWIK)
2. Scope of processing of personal data
On our website we use the open-source software tool Matomo (formerly PIWIK) to analyze the surfing behavior of our users. The software sets a cookie on the computer of the users (for cookies see above). If individual pages of our website are called, the following data is stored:
(1) Two bytes of the IP address of the calling system of the user
(2) The called website
(3) The website from which the user came to the accessed website (referrer)
(4) The subpages that are called from the called web page
(5) The length of stay on the website
(6) The frequency of calling the website
The software runs exclusively on the servers of our website. A storage of the personal data of the users takes place only there. A transfer of the data to third parties does not take place.
3. Legal basis for the processing of personal data
The legal basis for processing users' personal data is Article 6 (1) lit. f DSGVO.
4. Purpose of the data processing
The processing of users' personal data enables us to analyze the surfing behavior of our users. By analyzing the obtained data, we are able to compile information about the use of the individual components of our website. This helps us to constantly improve our website and its user-friendliness. For these purposes, our legitimate interest lies in the processing of the data according to Art. 6 para. 1 lit. f DSGVO. The anonymisation of the IP address sufficiently takes into account the interest of users in their protection of personal data.
5. Duration of storage
The data will be deleted as soon as they are no longer needed for our recording purposes.
In our case, this is the case after 30 days.
6. Opposition and removal possibility
Cookies are stored on the computer of the user and transmitted by this on our side. Therefore, as a user, you have full control over the use of cookies. By changing the settings in your internet browser, you can disable or restrict the transmission of cookies. Already saved cookies can be deleted at any time. This can also be done automatically. If cookies are disabled for our website, it may not be possible to use all the functions of the website to the full.
For more information on the privacy settings of the Matomo software, please visit the following link: https://matomo.org/docs/privacy/.
VII. Rights of the data subject
The following list includes all rights of the persons concerned according to the GDPR. Rights that have no relevance for your own website need not be mentioned. In that regard, the listing can be shortened.
If you process personal data, you are i.S.d. DSGVO and you have the following rights to the person responsible:
1. Right to information
You may ask the person in charge to confirm if personal data concerning you is processed by us.
If such processing is available, you can request information from the person responsible about the following information:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data relating to you have been disclosed or are still being disclosed;
(4) the planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage;
(5) the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) all available information on the source of the data if the personal data is not collected from the data subject;
(8) the existence of automated decision-making including profiling under Article 22 (1) and (4) GDPR and, at least in these cases, meaningful information about the logic involved, and the scope and intended impact of such processing on the data subject.
You have the right to request information about whether your personal information relates to a third country or an international organization. In this connection, you can request the appropriate guarantees in accordance with. Art. 46 GDPR in connection with the transfer.
2. Right to rectification
You have a right to rectification and / or completion to the controller, if the personal data you process is incorrect or incomplete. The responsible person must make the correction without delay.
3. Right to restriction of processing
You may request the restriction of the processing of your personal data under the following conditions:
(1) if you contest the accuracy of your personal information for a period of time that enables the controller to verify the accuracy of your personal information;
(2) the processing is unlawful and you refuse the deletion of the personal data and instead demand the restriction of the use of the personal data;
(3) the controller no longer needs the personal data for the purposes of processing, but you need it to assert, exercise or defend legal claims; or
(4) if you have objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet certain whether the legitimate reasons of the person responsible outweigh your reasons.
If the processing of personal data concerning you has been restricted, this data may only be used with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for reasons of important public interest Union or a Member State.
If the limitation of the processing after the o.g. If conditions are restricted, you will be informed by the person in charge before the restriction is lifted.
4. Right to cancellation
a) Obligation to delete
You may require the controller to delete your personal information without delay, and the controller is required to delete that information immediately if one of the following is true:
(1) Personal data concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent, to which the processing acc. Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. DSGVO and there is no other legal basis for processing.
(3) According to. Art. 21 para. 1 DSGVO objection to the processing and there are no prior justifiable reasons for the processing, or you lay gem. Art. 21 para. 2 DSGVO Opposition to processing.
(4) Your personal data have been processed unlawfully.
(5) The deletion of personal data concerning you shall be required to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.
(6) The personal data concerning you were collected in relation to information society services offered pursuant to Art. 8 (1) GDPR.
b) information to third parties
If the person in charge has made the personal data concerning you public and is acc. Article 17 (1) of the GDPR, it shall take appropriate measures, including technical means, to inform data controllers who process the personal data that you have been identified as being affected, taking into account available technology and implementation costs Persons requesting deletion of all links to such personal data or of copies or replications of such personal data.
c) Exceptions
The right to erasure does not exist if the processing is necessary
(1) to exercise the right to freedom of expression and information;
(2) to fulfill a legal obligation required by the law of the Union or of the Member States to which the controller is subject, or to carry out a task which is in the public interest or in the exercise of official authority conferring on the controller has been;
(3) for reasons of public interest in the field of public health pursuant to Art. 9 (2) lit. h and i and Art. 9 (3) GDPR;
(4) for archival purposes of public interest, scientific or historical research purposes or for statistical purposes acc. Article 89 (1) GDPR, to the extent that the law referred to in subparagraph (a) is likely to render impossible or seriously affect the achievement of the objectives of that processing, or
(5) to assert, exercise or defend legal claims.
5. Right to information
If you have the right of rectification, erasure or restriction of processing to the controller, he / she is obliged to notify all recipients to whom your personal data have been disclosed of this correction or deletion of the data or restriction of processing, unless: this proves to be impossible or involves a disproportionate effort.
You have a right to the person responsible to be informed about these recipients.
6. Right to Data Portability
You have the right to receive personally identifiable information you provide to the controller in a structured, common and machine-readable format. In addition, you have the right to transfer this data to another person without hindrance by the person responsible for providing the personal data, provided that
(1) the processing on a consent acc. Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a DSGVO or on a contract acc. Art. 6 para. 1 lit. b DSGVO is based and
(2) the processing is done by automated means.
In exercising this right, you also have the right to obtain that your personal data relating to you are transmitted directly from one person to another, insofar as this is technically feasible. Freedoms and rights of other persons may not be affected.
The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the controller.
7. Right to object
You have the right at any time, for reasons that arise from your particular situation, against the processing of your personal data, which pursuant to Art. 6 para. 1 lit. e or f DSGVO takes an objection; this also applies to profiling based on these provisions.
The controller will no longer process the personal data concerning you unless he can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purpose of enforcing, exercising or defending legal claims.
If the personal data relating to you are processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct mail.
If you object to processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
Regardless of Directive 2002/58 / EC, you have the option, in the context of the use of information society services, of exercising your right to object through automated procedures that use technical specifications.
8. Right to revoke the data protection consent declaration
You have the right to revoke your data protection declaration at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.
9. Automated decision on a case-by-case basis, including profiling
You have the right not to be subjected to a decision based solely on automated processing - including profiling - that will have legal effect or similarly affect you in a similar manner. This does not apply if the decision
(1) is required for the conclusion or performance of a contract between you and the controller,
(2) is permitted by Union or Member State legislation to which the controller is subject, and where such legislation contains appropriate measures to safeguard your rights and freedoms and legitimate interests, or
(3) with your express consent.
However, these decisions must not be based on special categories of personal data under Art. 9 (1) GDPR, unless Art. 9 (2) lit. a or g DSGVO applies and reasonable measures have been taken to protect the rights and freedoms as well as your legitimate interests.
With regard to the cases referred to in (1) and (3), the person responsible shall take appropriate measures to uphold the rights and freedoms and their legitimate interests, including at least the right to obtain the intervention of a person by the controller, to express his / her own position and heard on challenge of the decision.
10. Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you shall have the right to complain to a supervisory authority, in particular in the Member State of its residence, place of work or place of alleged infringement, if you believe that the processing of the personal data concerning you is against the DSGVO violates.
The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Article 78 of the DSGVO.