Imprint
This website is operated by ergopal GmbH (Plönniesstraße 34, 23560 Lübeck, Germany).
If you have any questions, would like to get in touch with our editorial team or would like to share your experiences with us, please use our contact form.
Phone: +49 170 7728518
Monday - Friday, between 8:00 am and 4:30 pm
Sales tax identification number: DE361273609
Commercial register: Lübeck HRB 19206
Electronic contact: webmaster@ergopal.net
ergopal GmbH
General Terms and Conditions
A. Validity
1 These General Terms and Conditions apply to all our deliveries and services. Orders, collateral agreements, amendments and other agreements must be made in writing to be legally effective. This also applies to the waiver of the written form requirement itself. Our General Terms and Conditions apply exclusively. When an order is placed, these shall be deemed to have been agreed between the customer and us, also for future transactions, even if no express reference is made to them, but they have been received by the customer with an order confirmed by us or are accessible on our website in their current form at any time. If the order is placed in deviation from our General Terms and Conditions, only our General Terms and Conditions shall apply, even if we do not object to them. Deviations shall therefore only apply if they are expressly recognized by us in writing. General terms and conditions of the customer are only binding for us insofar as they do not contradict our terms and conditions below.
2. the delivery program applies exclusively to industry, trade, crafts, commerce and legal entities under public law. As a precautionary measure, we would like to point out that we do not conclude consumer contracts within the meaning of the law and therefore there is no right of withdrawal with regard to contracts concluded with us.
3. the fulfillment of the contract with regard to those delivery parts that are covered by state export regulations is subject to the proviso that we are granted the necessary permits.
B. Conclusion of contract, scope of service
1. our offers in print media, the online store or the website and the like are non-binding and subject to change. They do not constitute an application to conclude a purchase contract. By placing an order in the online store, by e-mail, fax or similar, the customer submits an offer to conclude a contract.
2. a contract is only concluded by our written order confirmation or when the goods are dispatched to the customer without prior, separate confirmation. Our order confirmation shall be decisive for the scope of our services.
3. the information on the delivery item (e.g. weights, dimensions, utility values, load capacity, tolerances, technical data, etc.) as well as the representations of the same (e.g. illustrations and drawings) are only approximate, unless the usability for the contractually intended purpose requires exact conformity. They are not guaranteed characteristics, but descriptions or identifications of the delivery. Customary deviations and deviations that occur due to legal regulations or represent technical improvements, as well as the replacement of components with equivalent parts, are permissible insofar as they do not impair the usability for the contractually intended purpose.
4 Calculation and computation errors at our expense shall entitle us to a correction insofar as the calculation bases relevant for pricing were the subject of the contract and as such were known to the other party to the contract or the other party to the contract has acknowledged the calculation or computation error. Claims for damages by the other party to the contract due to the making of such a correction are excluded if the other party to the contract recognized or should have recognized the calculation or calculation error. 5. despite the greatest care, we cannot accept any liability for any printing errors, deviations in coloring or other incorrect information.
6. the written contract or the written order confirmation of the contractor shall be decisive for the scope of delivery. The performance of the service, including any assembly personnel and equipment to be used, shall be determined by the Contractor.
7. transfers of the rights and obligations of the customer arising from the contractual relationship require the written consent of the contractor.
8. a general right of return does not exist and does not apply in particular to special procurements, order-related production and goods for which special prices (such as quantity discounts) have been granted. Withdrawal from the purchase contract is only possible if agreed in writing with the contractor and/or granted by law. In the event of unjustified, unilateral withdrawal from the contract by the Customer, the Customer shall be in default. In the event of justified withdrawal, the Customer shall be entitled to reimbursement of services already rendered.
9. if the customer withdraws from the purchase contract and the contractor agrees to the withdrawal, the contractor shall be entitled to compensation of at least 25% of the order value.
C. Prices
1. the prices are always ex works, unless explicitly stated otherwise in the online store and the order confirmation. The prices are exclusive of installation and commissioning of the deliveries and exclusive of instruction of the operating personnel and exclusive of all other costs.
2. the respective applicable statutory value added tax is not included in the prices.
3. unless otherwise stated, the products ordered shall be delivered in individual parts. In such cases, assembly is carried out by the customer at his own risk and expense. For assembly, repairs and other services, these shall be invoiced according to time and effort at the applicable rates, which can be requested from us, unless a lump sum price has been expressly agreed.
4. all taxes, fees and duties in connection with delivery outside the Federal Republic of Germany shall be borne by the customer.
5. if the ordered goods are to be delivered later than after conclusion of the contract, we shall be entitled to adjust the agreed prices in accordance with any cost increases that have occurred in the meantime, in particular for materials, goods purchased from third parties and wages, and any storage costs incurred.
6. additional deliveries and services as well as assembly work shall be invoiced separately.
7. graduated prices shall only apply if the entire order is delivered to a delivery address specified by the customer. In the case of delivery to several delivery addresses specified by the customer, no graduated prices apply, but the respective individual prices.
D. Payments
1. the Contractor shall be responsible for selecting the payment methods and conditions available in each case. Payment can be made on account, by credit card, PayPal or prepayment and is listed in the order confirmation with all required data. Payments on account are to be made without any deductions - 14 days after the invoice date - to one of our accounts. All costs and expenses associated with the fulfillment of the payment obligation shall be borne by the customer.
2. the withholding of payments or offsetting against disputed or not legally established counterclaims is not permitted.
3. if undisputed invoices become overdue, we shall initiate the standard dunning procedure. We reserve the right to charge a processing fee of EUR 100 and interest on arrears at the percentage rate for current account overdrafts, at least 8% above the prime rate of the European Central Bank.
4. if the customer defaults on payment obligations or if insolvency proceedings are opened against his assets, the entire remaining debt shall become due, even if bills of exchange with a later maturity date are outstanding. If the entire remaining debt is not settled immediately, the Contractor shall be entitled to demand the return of the goods from the Customer. The Contractor is entitled to utilize the removed goods with accessories in the best possible way by private sale.
5. the Contractor shall be entitled to offset payments against the Customer's older debts first, even if the Customer has stipulated otherwise. If costs and interest have already been incurred, the Contractor shall be entitled to offset the payment first against the costs, then against the interest and finally against the principal performance.
6. if the customer is in arrears with a payment, the contractor reserves the right to make further deliveries subject to advance payment or the provision of security. In the event of non-compliance with the terms of payment or if the Contractor becomes aware after conclusion of the contract that the payment claim is jeopardized by the Customer's inability to pay, the Contractor shall be entitled to make outstanding deliveries only against advance payment or provision of security.
E. Delivery, transfer of risk, acceptance
1. partial deliveries and partial invoices are permissible.
2. the Incoterms shall be deemed agreed. Deliveries shall be EXW, unless otherwise specified, from the place of manufacture.
(3) If, in the case of work performance where acceptance is required, the customer has assumed responsibility for transportation of the item from the place of manufacture to the place of use prior to acceptance, the customer shall bear the risk for the duration of transportation and interim storage.
4. the customer may not refuse acceptance of the delivery in the event of insignificant defects, without prejudice to his rights under section I.
5. if the customer does not accept the goods in good time although they have been offered to him, the risk shall pass to the customer upon notification of readiness for dispatch. If the customer is in default with the acceptance of the goods or the issue of the shipping instructions, we shall be entitled, after the expiry of a grace period of two (2) weeks, calculated from the date of readiness for shipment, to claim damages for non-performance or to withdraw from the contract and to charge storage costs incurred in addition.
F. Retention of title
1. the goods delivered by us shall remain our property as reserved goods until all claims to which we are entitled against the customer arising from the business relationship have been fulfilled. This shall also apply if payments are made on specially designated claims. In the case of current accounts, the reserved property shall serve as security for our balance claim. The customer is generally entitled to resell the goods in the ordinary course of business. In order to secure all our outstanding claims against the customer, the customer assigns to us the claim arising from the resale against his customer as soon as he places his order. We accept this assignment. As long as we are still the owner of the reserved goods, we are entitled to revoke the authorization to resell at any time. The customer is revocably authorized to collect the assigned claims at any time. Our authorization to collect the claims ourselves remains unaffected by this, but we undertake not to collect the claims as long as the customer duly meets his payment obligations.
payment obligations. The customer is obliged to inform us of the assigned claims and their debtors, to provide all information necessary for collection, to hand over the relevant documents and to inform the debtors of the assignment.
2. in the event of processing, combining and mixing the goods subject to retention of title with other goods, we shall be entitled to co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the invoice value of the other goods. Any processing, combining or mixing in the ordinary course of business shall be deemed to have been carried out on our behalf. If the goods subject to retention of title are sold together with other goods after processing, combining or mixing, the assignment of the claim from the resale shall only apply up to the proportion of our invoice value to the invoice value of the co-sold goods. In the event of the sale of goods in which we have a co-ownership share, the claim shall be assigned to us in the amount of the co-ownership share. We hereby offer the customer the granting of an expectant right to the co-ownership shares that come into existence. The customer accepts this offer. Upon settlement of all claims to which we are entitled, co-ownership shall be transferred to the customer.
3. as long as the retention of title exists, pledging, transfer by way of security, leasing or any other transfer of the object of purchase or its alteration which impairs our security is only permitted with our prior written consent. This shall not affect the purchaser's right to resell the goods in the ordinary course of business under the aforementioned conditions. In the event of seizure by third parties, in particular in the event of seizure of the object of purchase or the exercise of the entrepreneur's lien of a workshop, the purchaser must notify us immediately in writing and inform the third party without delay of our retention of title. In the event of breach of contract by the customer, in particular default of payment, the customer shall be obliged to surrender the object of purchase to us after a reminder.
4. if we take back the item, this shall only constitute a withdrawal from the contract if we expressly declare this in writing. We shall be entitled, following a warning with a reasonable period of notice, to realize the object of purchase in the best possible way by selling it on the open market, taking into account the purchase price. If the securities in our favor from retention of title, transfer by way of security and assignment in advance exceed the total amount of our claims against the customer by more than 50 percent, we shall be obliged to release fully paid deliveries at our discretion. We are entitled to assert our rights arising from the retention of title, in particular to take back the goods delivered under retention of title, without prior withdrawal from the respective purchase contract
G. Delivery time
1. delivery times stated by us are non-binding. We shall comply with agreed delivery dates to the best of our ability. Compliance with a contractual delivery period presupposes that all commercial and technical questions between us and the customer have been clarified and that the customer has fulfilled all obligations incumbent upon him, e.g. provision of the necessary official certificates or permits or payment of a deposit. If this is not the case, the delivery time shall be extended accordingly.
2. in addition to delivery, the customer may only demand compensation for damages caused by delay if we are guilty of intent or gross negligence, unless a cardinal obligation has been breached. We shall not be responsible for delays in performance that occur if we are not supplied or are not supplied on time. If it is certain that we will not be supplied with the goods ordered, we shall be entitled to withdraw from the contract.
3. the expected delivery time is stated in the order confirmation as a non-binding guide value, as part of the product range is manufactured to order. Delivery times may therefore be shorter. The delivery times apply from the date of the order confirmation. The Contractor expects working weeks from Monday to Friday, excluding weekends and public holidays. The delivery deadline shall be deemed to have been met when the goods have been handed over to the carrier. The delivery deadline shall be deemed to have been met if the delivery item has left the factory or readiness for dispatch has been notified by the time it expires. If acceptance is to take place, the acceptance date shall be decisive, alternatively our notification of readiness for acceptance.
4. if non-compliance with the delivery time is due to force majeure, labor disputes or other events, such as the modification of the delivery item due to the non-obtaining of state permits for which we are not responsible, regardless of whether in our factories or at our subcontractors, the delivery time shall be extended accordingly.
5. if such events within the meaning of the above paragraphs make delivery or performance significantly more difficult or impossible for the Contractor and the hindrance is not only of a temporary nature, the Contractor shall be entitled to withdraw from the contract.
6. if the customer sets the contractor a reasonable deadline for delivery after the due date - taking into account the statutory exceptions - and the deadline is not met, the customer shall be entitled to withdraw from the contract within the framework of the statutory provisions. At the request of the Contractor, the Customer undertakes to declare within a reasonable period of time whether it will exercise its right of withdrawal.
7. the Contractor shall be entitled to make partial deliveries and render partial services at any time, insofar as this is reasonable for the Customer.
H. Assembly and acceptance
1. the customer shall, at his own expense and in good time, meet all requirements for the speedy assembly and installation of a system. This includes in particular the following:
1.1 Access roads, assembly and storage areas must be prepared for the Contractor's immediate start of work
1.2 Availability of all required building materials and parts to be assembled, as well as completion of all preliminary work, e.g. erection of scaffolding, earthworks, etc.
1.3 Availability of all necessary official permits.
2. the customer shall support the contractor at his own expense in carrying out the assembly, in particular by
2.1. provision of energy, water, connections, etc.
2.2. lighting
2.3. storage and recreation rooms, heating, sanitary facilities
2.4. all necessary protective measures for persons and property on the construction site and informing the site manager about the special safety regulations existing in the customer's company and to be observed by the assembly personnel
2.5 All necessary workers and assistants as well as machines (e.g. crane, lifting platform and forklift etc.) and tools in sufficient numbers.
3. in the case of assembly abroad, all entry, work and other necessary permits shall be procured by the customer at his expense.
4. if the customer is in default of acceptance, the contractor is free to store the goods externally and to charge the additional costs to the customer. If additional costs are incurred due to changes made at the request of the Customer or for which the Customer is responsible, the Customer shall be liable to the Contractor for the additional costs incurred. The claim arises in the amount of 20% of the order total, unless he can prove lower additional costs or the contractor can prove higher additional costs.
5. at the same time, the contractor may insist on fulfillment of the contract or, after setting a reasonable grace period, withdraw from the contract and dispose of the goods elsewhere. In the event of withdrawal from the contract, the costs incurred due to non-fulfillment of the contract shall be paid by the customer.
6 Delivery shall be made to the delivery address specified by the customer. If the customer has provided an incorrect, incomplete or unclear delivery address, he shall bear all costs arising therefrom.
7. acceptance may take place in accordance with the agreed schedule. Acceptance shall be deemed to have been granted if this schedule has been exceeded by more than 2 weeks through no fault of our own.
8. if no time schedule has been agreed, our products shall be deemed to have been accepted 4 weeks after the arrival of the last significant partial delivery.
9. if the customer puts our products into operation independently, the goods shall be deemed to have been accepted. His warranty claims according to "I" remain unaffected by this.
10. if there is an insignificant defect, the customer may not refuse acceptance.
I. Warranty
1. we guarantee that the goods delivered by us are free from material defects. Insignificant deviations from the performance description or only insignificant impairment of usability are not considered defects. Public statements, promotions, advertising statements, technical data and descriptions in the product information do not constitute quality specifications in addition to the contractually agreed quality specifications. The customer must inspect the goods immediately upon receipt for the agreed quality and quantity deviations and, if a defect is found, notify us immediately. Notification of defects is only permissible within one week in the case of obvious defects. The notification must be made in writing. The time of delivery and the date of receipt of the letter of complaint shall be decisive for the calculation of the deadline. If the customer fails to notify us, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. If such a defect is discovered later, notification must be made immediately after discovery, otherwise the goods shall be deemed to have been approved even in view of this defect. The customer's obligation to inspect and give notice of defects shall also apply if goods other than those ordered or quantities of goods other than those ordered are delivered, provided that the delivered goods do not obviously deviate from the order to such a significant extent that the customer is unable to accept them.
order to such an extent that we had to consider the customer's approval to be excluded. We provide a warranty for defects notified in good time in accordance with the statutory provisions, unless otherwise stipulated below:
(a) The Purchaser may only demand rescission of the purchase contract or reduction of the purchase price if a defect cannot be remedied after at least two attempts at rectification or replacement delivery, and in technically complicated cases at least three attempts, or if the Purchaser cannot reasonably be expected to accept one or more further attempts at rectification or replacement delivery. However, the customer may only demand the rescission of the purchase contract or the reduction of the purchase price if he has given us the opportunity to bring the object of purchase to our company headquarters at our expense in order to undertake the last attempt at rectification there.
b) We are initially entitled to choose between repair or replacement delivery. If the Contractor chooses rectification, the necessary expenses, in particular transport, travel, labor and material costs, shall be borne by the Contractor, provided that they are not increased by the fact that the purchased item has been taken to a place other than the place of performance.
c) If the customer chooses to withdraw from the contract due to a defect after subsequent performance has failed, he shall not be entitled to any additional compensation.
d) The parts replaced on the occasion of subsequent improvement shall become our property.
e) Within the scope of subsequent performance, we are in no case obliged to make a new delivery or new production.
f) The warranty period shall be 12 months from delivery or provision of service or 2000 operating hours in single-shift operation, whichever occurs first. If acceptance is required, the warranty period shall be 12 months from acceptance. If in such a case the shipment, installation or commissioning is delayed through no fault of our own, the warranty shall end no later than 12 months after the transfer of risk.
2. the customer must grant us sufficient time and opportunity for subsequent performance.
3. no liability shall be assumed for damage due to natural wear and tear or improper intervention or repair work carried out by the customer or third parties, or, insofar as they are not attributable to our fault, unsuitable or improper use, incorrect assembly or commissioning, incorrect or negligent handling, improper maintenance, use of unsuitable operating materials / replacement materials, defective construction work, unsuitable building ground, harmful environmental conditions unknown to us, chemical, electrochemical or electrical influences. Defective parts should be properly packaged and returned to the place of original shipment together with a description of the defect.
J. Liability
1. claims for damages by the customer - for whatever legal reason, in particular for breach of contract, tort, manufacturer's liability, incorrect or omitted advice, culpa in contrahendo, positive breach of contract - are excluded for negligence and slight negligence on our part, on the part of our representatives, employees, workers and vicarious agents, unless otherwise stipulated below.
2. we shall be liable in accordance with the statutory provisions for the culpable breach of obligations which are essential for the proper execution of the contract, so-called cardinal obligations.
3. insofar as we are also liable for slight negligence in accordance with para. 2, our liability shall be limited to compensation for typical, foreseeable damage up to the amount of the compensation provided by our product liability insurance.
4. in the event of gross negligence on the part of simple vicarious agents, our liability shall also be limited to compensation for typical, foreseeable damage up to the amount of the compensation provided by our product liability insurance.
5. we shall only be liable for the loss of data and its recovery if such a loss could not have been avoided by appropriate data backup measures on the part of the customer and insofar as the data can be reconstructed with reasonable effort from data material that is kept available in machine-readable form.
6. the damages to be paid in accordance with the above provisions shall be limited to the amount of the remuneration for the software products which are the subject of the claim or which directly caused the damage. The calculation shall be based on the remuneration excluding VAT applicable at the time the claim arose.
7. we shall not be liable for lack of economic success, loss of profit, loss of savings or indirect damage. We shall also not be liable for improper installation by third parties or negative interactions of the service provided with software or hardware components existing on the customer's premises or added at a later date. We are also not liable for unsuitable or improper use or incorrect or negligent maintenance by the customer or third parties.
8. the above exclusions and limitations of liability shall not apply insofar as liability is mandatory by law, in particular a) in cases of strict liability, such as under the Product Liability Act, b) in the case of liability for initial inability, c) in the case of damage to health and physical injury or loss of life.
9. to the extent that our liability for damages is excluded or limited, this shall also apply to the personal liability of our representatives, employees, workers, collaborators and vicarious agents.
10. the customer is obliged to notify us immediately of any damage or loss for which we are liable and to have it recorded by us. The above claims shall become time-barred six months after receipt of the goods by the customer. § Section 852 BGB remains unaffected. If negotiations are pending between us and the customer regarding the compensation to be paid, the limitation period shall be suspended until one of the contracting parties refuses to continue the negotiations.
11. no guarantee of durability or other guarantee is given for delivery items. Product descriptions, information and other statements shall not be deemed to have the character of a guarantee, neither before nor at the time of conclusion of the contract.
K. Software, documentation
1. for software products of other suppliers included in the scope of delivery, their general terms and conditions shall take precedence. If these are not available, we will send them to the customer on request or alternatively they are available in their current form at any time on our website www.ergopal.net.
2. in addition to the general terms and conditions of other providers, our terms and conditions, sections K.3. to K.11. apply analogously. In the event that the general terms and conditions of other providers are invalid, our terms and conditions shall apply.
3. our own software products are subject to copyright protection. Subject to the following provisions, we are entitled to all rights to our software products.
4. the customer shall receive a simple, non-exclusive, perpetual right of use to our software products for simultaneous use by up to the contractually agreed number of users. If no number of users has been contractually agreed, a maximum of one (1) user shall be entitled to use the software products simultaneously. Modifications to our software products by the customer and the granting of sublicenses are not permitted. Without our written permission, the customer is not entitled to make computer performance relating to the license material available to third parties, not even in the case of outsourcing services. 5.
5 The parties agree that an online / digital user manual also fulfills the requirements of a proper manual.
6. we are not obliged to provide the source code on which the software product is based.
7. changes to the software products by the customer are not permitted. In particular, the customer is not permitted to The translation, editing, arrangement and other reworking of the software products as well as the duplication of the results obtained. It is also prohibited to interfere with the source code of the software products without our written consent. This does not apply to changes that are necessary for the correction of errors if we are in default with the correction of the error or refuse to correct the error.
8. decompilation or reverse engineering of the software products provided is not permitted unless it is essential to obtain the information required to establish the interoperability of an independently created computer program with the software provided or with other programs, provided that this is done in compliance with the provisions of Section 69 e (1) UrhG and the required information cannot be obtained elsewhere. Before decompiling or reverse engineering, the customer must first request the required information from us in writing.
9. the information obtained during actions according to paragraph 8 may only be used to establish the interoperability of the independently created program. It may not be passed on to third parties unless this is necessary for the interoperability of the independently created program. Furthermore, the information may not be used for the development, production or marketing of a program with an essentially similar form of expression or for any other actions that infringe copyright.
10. markings of the software products or the data carriers, in particular copyright notices, trademarks, serial numbers or other features serving to identify the software product may not be removed, changed or made unrecognizable.
11. unless otherwise stipulated above, the customer may only reproduce, revise, translate, distribute or convert our software products into the source code to the extent permitted by law (§§ 69 c-e UrhG). The customer is obliged not to remove manufacturer's details - in particular copyright notices - or to change them without our prior written consent.
L. Property rights of third parties
1. in the event that the goods or software products infringe industrial property rights or other rights of third parties which restrict or exclude use in accordance with the content and purpose of this contract, we shall indemnify the customer against claims by third parties asserting an infringement of industrial property rights. The contracting parties shall inform each other immediately in writing if claims are asserted against them due to the infringement of property rights. However, the indemnification obligation under sentence 1 shall only apply if a) the customer has complied with its notification obligation under sentence 2 and b) all defensive measures and settlement negotiations remain reserved to us and c) the customer supports us in the defense or settlement of the claim by providing reasonable assistance and information. Paragraph 3 remains unaffected by this.
2. if the contractual use of the goods or software products is impaired by industrial property rights or other rights of third parties, we shall, at the request of the customer, either modify the software products to a reasonable extent at the customer's discretion so that they fall outside the scope of protection, but nevertheless comply with the contractual provisions, or replace the software products with ones that do not infringe the industrial property rights or other rights of the third party or obtain authorization for them to be used in accordance with the contract without restriction and without additional costs for the customer.
(3) Notwithstanding the indemnification obligation under paragraph (1), we shall only be liable to the customer for damages due to the infringement of third-party property rights if we had or should have had knowledge of the infringement of the property right.
4. the rights pursuant to this paragraph "L" shall not exist if the infringement of third party property rights is due to the fact that the customer has carried out a) a modification to the software products which is not permitted under this contract, b) a modification which has not been approved by us or c) uses the software products contrary to our functional instructions or combines them with programs or data processing systems which have not been approved by us.
M. Obligations of the customer to cooperate
1. the customer must inform our personnel about existing safety regulations and dangers and take all necessary measures to protect persons and property at the workplace.
2. the customer is obliged to provide assistance as contractually required, such as preparation of the construction site, provision of tools and lifting equipment, provision of water and electricity, etc.
3. if the customer breaches the obligations under this clause M, he shall be responsible for the resulting damage.
N. Confidentiality
1. the contracting parties undertake to treat all non-public commercial and technical details which become known to them through the business relationship as business secrets.
2. we reserve unrestricted property rights and copyrights as well as industrial property rights to cost estimates, drawings, images and all other contents of our media, in physical and non-physical form, including in electronic form. Drawings, models, templates, samples and similar objects may not be made available or otherwise made accessible to unauthorized third parties. The reproduction of such objects is only permitted within the scope of operational requirements and copyright regulations.
3. subcontractors shall be obligated accordingly.
4. the contracting parties may only advertise their business relationship with prior written consent.
O. General
1. should individual points of these terms and conditions or of the contract be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. An invalid or unclear provision shall be replaced by such a provision or interpreted in such a way that it comes as close as possible to its intended economic purpose.
2. the customer shall procure at his own expense any necessary licenses, permits and/or export and import documents required for his use of the products.
(3) If a contracting party ceases to make payments or if insolvency proceedings are instituted against its assets or out-of-court composition proceedings are applied for or rejected for lack of assets, the other party shall be entitled to withdraw from the unfulfilled part of the contract.
4. claims of the customer shall become statute-barred after 3 years, except in cases of fraudulent intent, unless shorter limitation periods have been effectively agreed, including in these terms and conditions, or are provided for by law
5. our claims against the customer shall become statute-barred after 3 years, unless the law provides for a longer period.
6. the place of performance and fulfillment for the customer's obligations towards us is Lübeck or the installation / service location of the end customer specified in the order, depending on the place of acceptance of the order.
7. unless otherwise agreed, we shall not reimburse any return transportation costs for packaging.
P. Data protection
1. the Contractor shall ensure the protection of the transmitted customer data. Data required for business transactions will be stored and managed in accordance with the statutory provisions, in particular in accordance with the provisions of the currently applicable statutory data protection regulations. Data is therefore only processed if this is required by law (Art. 6 Para. 1c GDPR), if the user has given consent (in accordance with Art. 6 Para. 1a GDPR) or on the basis of legitimate interest (in accordance with Art. 6 Para. 1f GDPR). The data collected with the order will be used to fulfill, process and, if necessary, reverse the contract.
2. the data will be passed on to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods.
3. for the processing of payments, the payment data of the customer will be passed on to the credit institution commissioned with the payment.
4. a third party may be commissioned to process the payment, which will use the customer's payment data for the purpose of processing the payment. The third party is obliged to handle the information in accordance with the applicable data protection laws. The legal basis for this data processing is Art. 6 para. 1b GDPR.
5. if there is a legitimate interest (e.g. if the contractor makes advance payments), the contract data (company, surname, first name, street, house number, zip code, town) may be sent to the company Creditsafe Deutschland GmbH, Berlin, Germany, as part of a credit check. Creditsafe Deutschland GmbH, Berlin, or to Creditreform Wirtschaftsauskunftei Kubicki KG, Vienna, or to CRIF GmbH, Leopoldstraße 244, 80807 Munich, or to Dun & Bradstreet Deutschland GmbH, Robert-Bosch-Straße 11, 64293 Darmstadt. These companies are obliged to maintain data confidentiality in the same way. This information is provided in accordance with Art. 6 para. 1 f GDPR. The interests of the customer worthy of protection are taken into account in accordance with the statutory provisions.
6. according to the currently applicable data protection regulations, the customer has (among other things) a right to:
6.1. information about their data processed by us (Art. 15 GDPR),
6.2. rectification in the event of inaccuracy or incompleteness of the data stored by us (Art. 16 GDPR),
6.3. restriction of the processing of his data (Art. 18 GDPR),
6.4. erasure of their data stored by us (Art. 17 GDPR),
6.5. data portability (Art. 20 GDPR),
6.6. complaint to a supervisory authority
6.7. right to object at any time if we process the data on the basis of a legitimate interest or right to revoke the use of data for advertising purposes. To do so, please send a message to ergopal GmbH or by e-mail to sales@ergopal.net, stating your company, name, full address and customer number if applicable.
7. further comprehensive and, if necessary, updated information is summarized in the data protection declaration and can be found on our homepage www.ergopal.net.
P. Applicable law, place of jurisdiction
The place of jurisdiction for all disputes arising from the contractual relationship is Lübeck. The legal relationship between the contracting parties shall be governed exclusively by the law of the Federal Republic of Germany, to the exclusion of the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG). Should one or more points of these GTC be or become invalid, this shall not affect the validity of the remaining points and the validity of the contract as a whole. The invalid provision shall be replaced by a provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the invalid provision. §Section 139 BGB is excluded. You can view the currently valid version of the GTC on the website
ergopal GmbH, Lübeck