Melchers Techimport GmbH
Telefon: +49 421 1769 0
Fax: +49 421 1769 3418
Nicolas C. S. Helms
Amtsgericht Bremen HRA 15834
VAT: DE 811 755 795
Verantwortlich für den Inhalt nach § 55 Abs. 2 RStV:
Marc Friedrich (Geschäftsführung)
GENERAL TERMS AND CONDITIONS OF C. MELCHERS GMBH & CO. KG
1. Our Conditions of Sale and Delivery constitute an integral part of our offers and sales contracts. Any changes require our written confirmation. Buyer’s conditions cannot be considered even if we do not expressly contradict.
2. Our prices are ex works or store and do not include insurance cover. Cif and c+f prices are based on the freight rates and insurance premiums prevailing at the time of contract. Any changes between the time of contract and shipment are to be for Buyer’s account.
3. Cash discounts shall be subject to payment of all outstanding debts. Bills of exchange will only be accepted on account of performance and only subject to explicit agreement. No cash discounts shall be allowed on bills of exchange.
Unless any delay in payment is beyond the buyer’s responsibility, all accounts receivables shall become payable with immediate effect upon buyer’s default.
In the event of buyer’s default we shall be eintitled to debit costs of €10.each for every reminder.
4. The goods supplied shall remain our property until full payment of all present and future outstanding amounts. If the goods supplied are processed by the Buyer, the retainend title to thegoods shall not cease. It shall continue to apply to that part of the new item created by processing which corresponds to the relationship between the selling price of the goods and the value of the new items created by pro-
cessing. The same applies if the goods to which title is retained are mixed with or joined to other items.
The Buyer is entitled to resell the goods in the normal course of business.
This right shall terminate immediately in case of insolvency or bankruptcy of Buyer.
If the Buyer sells goods to which title is retained he hereby now assigns to us his claim from the resale and/or incidental rights in order to secure our claims. The Buyer is authorised to collect the debt from the resale until such authority be revoked. However, we can demand that the Buyer notifies us who the debtors of the assigned claim are and gives the debtors notice of assignment.
If the value of the security given exceeds our claims by more than 20 %, we shall be obliged to transfer ownership or release assignment if requested to do so by the Buyer.
5. If goods are not delivered in accordance with the contract the Buyer is not entitled to reject acceptance or payment of goods; payments may however be retained in cases where complaints about delivered goods are admitted or assessed by non-appealable judgement. Amounts due cannot be set off against counterclaims, unless such counterclaims are admitted or non-appealably assessed. Any reductions granted to the customer shall be repaid by us.
Any claims must, unless they are about concealed defects, be filed within five days after receipt of the goods and prior to further processing. If the goods are defective, we shall at our discretion remove the defects or
repay the undervalue or replace the goods delivered or repay the contract price in full. Unless we are liable for damages caused intentionally or by gross negligence, any further liability shall be excluded, in particu-
lar such for compensation of demages caused by culpa in contrahendo or violation of contractual duties not consisting of default or supervening impossibility.
6. In the event of force majeure we shall be entitled to delay delivery inasmuch as such circumstances call for, but for six months at the most. After expiry of the period the Buyer and Seller are entitled to cancel the contract. All sales for future delivery are based on the assumption that the Seller receives the goods properly in time of performance.
7. With regard to all Buyer’s and Seller’s contractual obligations the Seller’s registered office shall be the place of performance.
8. All disputes arising out of this contract shall be settled by arbitration according to the rules and regulations of the Chamber of Commerce of Bremen/Germany. If the Buyer is in default of payment and if no objections
have been filed with respect to the claim for payment, we shall be entitled to submit the matter to public courts.
9. This contract shall be governed by the Law of the Federal Republic of Germany.
10. The buyer agrees that any data resulting from the business for which these conditions of sale and delivery are applicable will be stored on business card index files.
We welcome you to our website. We would like to inform you about the management of your personal data in accordance with Art. 13 General Data Protection Regulation (GDPR).
The controller responsible for the described data collection and processing is named in the imprint.
Storage of Your IP address
We store the IP address transmitted by your web browser for a period of seven (7) days, strictly for the purpose of identifying, restricting and eliminating attacks on our website. After seven (7) days, we delete or anonymize your IP address. The legal basis for the processing of this personal data is provided for in Art. 6 para. 1 s. 1 lit. f GDPR.
When you visit our website, the data collected from the use of the website is temporarily stored on our web server for statistical purposes in order to improve the quality of our website. This data set contains:
• the page, from which the data is requested
• the name of the data file,
• the date and time of the query,
• the amount of data transferred,
• the access status (file transmitted, file not found),
• a description of the type of browser used,
• the IP address of the requesting computer shortened to such an extent that no reidentification of any persona data is possible.
The listed usage data is stored anonymously.
Data Transfer to Third Parties
We transfer your data to service providers who support us in the operation of our website and the associated processes. This transference is made under the scope of a data processing agreement in accordance to Art. 28 GDPR. Our service providers are bound to us by strict instructions and contractual obligations. We use the following service providers:
Hosting: PTS Group AG
Cuxhavener Straße 10 a
Analytics: Google Analytics, USA
In the case of Google Analytics (USA), an appropriate level of data protection is ensured by the corresponding participation in the Privacy Shield Agreement (Art. 45 para. 1 GDPR).
We use permanent cookies on our website. The data is processed in accordance to Art. 6 para. 1 s. 1 lit. f GDPR and in the interest of optimizing or enabling user guidance and improving our website presence.
We use Google Analytics to create pseudonymous user profiles for improving and designing our website on demand. Google Analytics uses “cookies”, which are text files placed on your end device and can be read by us. In this way, we are able to recognize and count returning visitors. This data processing is carried out on the basis of Art. 6 para. 1 s. 1 lit. f GDPR or § 15 para. 3 TMG and in the interest of finding out how often our website is viewed by different users.
The information generated by the cookies about your use of the website will be transmitted to and stored by Google on its servers in the United States. We have activated IP-anonymization on this website, your IP address will be truncated within the area of Member States of the European Union. Only in exceptional cases is the whole IP address transferred to a Google server in the USA and truncated there (an adequate level of data protection is ensured according to Art. 45 para. 1 GDPR because Google is a participant in the Privacy Shield Agreement). We have also concluded a contract with Google Inc. (USA) for commissioned data processing / order processing pursuant to Art. 28 GDPR. Accordingly, Google will solely use collected data for the purposes intended, which are to evaluate the use of the website and to compile reports on website activities.
You can withdraw your consent to the processing at any time. Please use one of the following options:
You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by downloading and installing the browser plug-in available under the following link (http://tools.google.com/dlpage/gaoptout?hl=de).
As an alternative to opting out from being tracked by Google Analytics you can also click the following link.
Click here to object the processing of your data by Google Analytics.
An opt-out cookie will be stored, which means that no web analysis will take place as long as the opt-out cookie is stored by your browser.
To avoid unauthorized access to your data, we have implemented technical and organizational measures. We use encryption technologies on our website. Your data will be transferred to our servers and back again via a connection that is protected by a TLS encryption technology. You can recognize that you are browsing on an encryption secured website by the lock-symbol shown in the address bar of your browser and by the address bar starting with https://.
Embedded YouTube videos
On some of our websites we embed YouTube videos. Opening these websites results in YouTube content being downloaded. In this context, YouTube also receives your IP address, which is technically necessary for retrieving the contents. We have no influence on the further processing by YouTube. However, when embedding the videos, we activated the extended data protection mode offered by YouTube.
We use Google Maps to display maps and to create directions. Google Maps is operated by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
If you use Google Maps, e.g. by clicking on our locations listed there, we do not collect any personal data from you. However, when using Google Maps, information about your use (in particular the IP address of your computer) may, to the best of our knowledge, be transmitted to and stored by Google LLC on servers in the USA. The processing of personal data using technically required cookies and your IP address is based on Art. 6 para. 1 s. 1 lit. f DSGVO with the purpose of displaying our website as convenient as possible for you. We have no influence on the further processing of data by Google LLC.
Please also read the terms and conditions of Google Maps if you wish to use the service. The terms and conditions for Google Maps can be found at: http://www.google.com/intl/de_en/help/terms_maps.html.
If you do not agree with the data processing by Google LLC, please do not use the map or deactivate java-script in your browser in order to receive a limited view.
Your Rights as a User
As a website user, the GDPR grants you certain rights when processing your personal data.
1. Right of access (Art. 15 GDPR):
You have the right to obtain confirmation as to whether or not personal data concerning you is being processed, and, where that is the case to obtain access to the personal data and the information specified in Art. 15 GDPR.
2. Right to rectification and erasure (Art. 16 and 17 GDPR):
You have the right to obtain without undue delay the rectification of inaccurate personal data concerning you and, if necessary, the right to have incomplete personal data completed.
You also have the right to obtain an erasure of the personal data concerning you without undue delay, if one of the reasons listed in Art. 17 GDPR applies, e.g. if the data is no longer necessary for the intended purpose.
3. Right to restriction of processing (Art. 18 GDPR):
If one of the conditions set forth in Art. 18 GDPR applies, you shall have the right to restrict the processing of your data to mere storage, e.g. if you revoke consent, to the processing, for the duration of a possible examination.
4. Right to data portability (Art. 20 GDPR):
In certain situations, listed in Art. 20 GDPR, you have the right to receive the personal data concerning you in a structured, common and machine-readable format or demand a transmission of the data to another third party.
5. Right to object (Art. 21 GDPR):
If the data is processed pursuant to Art. 6 para. 1 s. 1 lit. f GDPR (data processing for the purposes of the legitimate interests), you have the right to object to the processing at any time for reasons arising out of your particular situation. We will then no longer process personal data, unless there are demonstrably compelling legitimate grounds for processing, which override the interests, rights and freedoms of the person concerned, or the processing serves the purpose of asserting, exercising or defending legal claims.
6. Right to lodge a complaint with a supervisory authority
Pursuant to Art. 77 GDPR, you have the right to lodge a complaint with a supervisory authority if you consider the processing of the data concerning you infringes data protection regulations. The right to lodge a complaint may be invoked in particular in the Member State of your habitual residence, place of work or the place of the alleged infringement.
Contact Details of the Data Protection Officer
Please contact our data protection officer if you have any further questions, suggestions or wishes regarding data protection:
Dr. Uwe Schläger
datenschutz nord GmbH
28217 Bremen, Germany
E-Mail: [email protected]