Terms and Conditions (GTC)
1. Validity of the conditions
1.1 Our deliveries, services and offers are made exclusively on the basis of these terms and conditions. These therefore also apply to all future business relationships, even if they are not expressly agreed again. These terms and conditions are deemed to have been accepted at the latest upon receipt of the goods or services.
1.2 Deviations are only binding if they are expressly recognized in writing by prexels GmbH for the respective contractual case.
2. Offer and conclusion
2.1 Offers are always non-binding until the customer has placed an oral or written order or has received an order confirmation from prexels GmbH. Upon receipt of our order confirmation without objection, a contract is deemed to have been concluded under these conditions.
2.2 The documents provided by the contractual partner such as models, drawings, drafts, CAD files and other binding agreements are decisive for the offer of a service.
3. Prices and terms of payment
3.1 Our prices are in euros plus statutory VAT and any shipping costs.
3.2 Our invoices are due within 14 days and payable without any deductions, unless otherwise agreed in writing. In the event of default in payment, we are entitled to charge default interest at a rate of 5% above the respective base rate of the ECB. If advance payments have been agreed, these are due within 10 days of invoicing. The final amount is due after the service has been performed.
3.3 A payment is only deemed to have been made when the contractor can dispose of the amount. In the case of payments by check, payment is deemed to have been made when the check is cleared and cashed.
4. Delivery time
4.1 Delivery dates are non-binding unless they are expressly agreed in writing as binding. Changes made by the contractual partner after the order has been placed entitle us to postpone the deadline.
4.2 If the contractual partner withdraws from his order, he will be charged for all expenses incurred up to this point in time.
4.3 If a delivery period cannot be met due to legal or official orders (strike, lockout, import and export restrictions) or force majeure (war, hurricane or other unforeseen obstacles or disruptions for which we are not responsible), these will be given a reasonable deadline extended.
5.1 If services provided by us show defects, the client is entitled to subsequent improvement. These must be reported in writing within 10 working days of receipt and inspection of the documents.
5.2 The contractual partner undertakes to check that all data records are correct after they have been handed over. Prexels GmbH assumes no liability for damage of any kind caused by incorrect execution.
6. Retention of title
6.1 All delivered documents, goods as well as data and data carriers remain the property of prexels GmbH until they have been paid for in full.
7. Data protection against third parties
7.1 The order processing is carried out with confidentiality of your business and operational matters.
7.2 If, in the case of deliveries based on drawings, data or other information provided by the customer, property rights of third parties are infringed, the customer releases Prexels GmbH from all claims.
7.3 The client agrees that the documents made available or the data generated in the course of the order processing will be stored electronically. However, there is no right to access or update this data.
8. Property rights / trademark law
8.1 The 3D models, drawings, samples that are sent to Prexels GmbH for production must be free of third-party rights. The client undertakes to own the rights to the model for production. The client is liable for any infringement of property rights or trademark rights.
8.2 The 3D models, drawings or samples that are sent to prexels GmbH for requests for quotations are saved / archived until the quotation is no longer valid. The validity of the offer is shown separately on each offer. After the offer has expired, the data records will be returned upon request or we will irrevocably delete them.
9. Other agreements
9.1 prexels GmbH is entitled to withdraw from the contract if we become aware of specific indications of the deterioration in the client's financial circumstances.
9.2 If the client is an entrepreneur, he is not entitled to assign his claims from this contract. The law of the Federal Republic of Germany.
9.3 If parts of these General Terms and Conditions are ineffective or are declared to be ineffective, the remaining parts of the General Terms and Conditions (GTC) remain valid.
9.4 The place of performance is Ruhstorf, the place of jurisdiction is Passau. The law of the Federal Republic of Germany.
prexels GmbH, Siemens Technopark Ruhstorf (Hall 21), Hans-Loher-Str. 32, 94099 Ruhstorf
AG Passau | HRB 11068
Sales tax identification number according to §27 a sales tax law: DE332266250
SIEMENS Technopark Ruhstorf
94099 Ruhstorf ad Rott
RESPONSIBLE FOR THE CONTENT ACCORDING TO § 55 Abs. 2 RStV
Sales tax identification number according to §27a sales tax law:
DE 332 266 250
District Court of Passau
© Vidady / stock.adobe.com
We have made every effort to ensure the accuracy of the information contained on this website. Despite careful control, any liability in connection with the use of the information and links contained on this website or the reliance on their accuracy is excluded.
ONLINE DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution, which you can find under https://webgate.ec.europa.eu/odr/ Find.
SECURITY AND PROTECTION OF YOUR PERSONAL DATA
We consider it our primary task to maintain the confidentiality of the personal data you provide and to protect it from unauthorized access. That is why we apply the utmost care and state-of-the-art security standards to ensure maximum protection of your personal data.
As a company under private law, we are subject to the provisions of the European General Data Protection Regulation (GDPR) and the provisions of the Federal Data Protection Act (BDSG). We have taken technical and organizational measures to ensure that the data protection regulations are observed both by us and by our external service providers.
The legislator requires that personal data be processed in a lawful manner, in good faith and in a manner that is understandable for the person concerned ("lawfulness, processing in good faith, transparency"). To ensure this, we inform you about the individual legal definitions that are also used in this data protection declaration:
1. Personal data
“Personal data” is all information that relates to an identified or identifiable natural person (hereinafter “data subject”); A natural person is regarded as identifiable who can be identified directly or indirectly, in particular by means of assignment to an identifier such as a name, an identification number, location data, an online identifier or one or more special features that express the physical , physiological, genetic, psychological, economic, cultural or social identity of this natural person.
"Processing" is any process carried out, with or without the help of automated processes, or any such series of processes in connection with personal data such as the collection, recording, organization, ordering, storage, adaptation or change, reading out, querying , use, disclosure by transmission, distribution or any other form of provision, comparison or linking, restriction, deletion or destruction.
3. Restriction of processing
"Restriction of processing" is the marking of stored personal data with the aim of restricting their future processing.
"Profiling" is any type of automated processing of personal data that consists of using this personal data to evaluate certain personal aspects relating to a natural person, in particular aspects relating to work performance, economic situation, health, analyze or predict personal preferences, interests, reliability, behavior, whereabouts or relocation of this natural person.
"Pseudonymisation" is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, provided that this additional information is stored separately and is subject to technical and organizational measures that ensure that the personal Data cannot be assigned to an identified or identifiable natural person.
6. File system
"File system" is any structured collection of personal data that is accessible according to certain criteria, regardless of whether this collection is managed centrally, decentrally or according to functional or geographical criteria.
"Responsible" is a natural or legal person, authority, institution or other body that alone or jointly with others decides on the purposes and means of processing personal data; If the purposes and means of this processing are specified by Union law or the law of the member states, the person responsible or the specific criteria for his appointment can be provided for in accordance with Union law or the law of the member states.
"Processor" is a natural or legal person, authority, institution or other body that processes personal data on behalf of the person responsible.
“Recipient” is a natural or legal person, authority, institution or other body to which personal data is disclosed, regardless of whether it is a third party or not. Authorities that may receive personal data as part of a specific investigation according to Union law or the law of the member states are not considered recipients; The processing of this data by the named authorities takes place in accordance with the applicable data protection regulations in accordance with the purposes of the processing.
"Third party" is a natural or legal person, authority, institution or other body, apart from the data subject, the person responsible, the processor and the persons who are authorized to process the personal data under the direct responsibility of the person responsible or the processor.
"Consent" of the person concerned is any voluntary, informed and unambiguous declaration of will in the form of a declaration or other unequivocal affirmative act with which the person concerned indicates that they are processing the information concerning them I consent to personal data.
LEGALITY OF PROCESSING
The processing of personal data is only lawful if there is a legal basis for the processing. The legal basis for the processing can be in accordance with Article 6 Paragraph 1
lit. a - f GDPR in particular:
The person concerned has given their consent to the processing of their personal data for one or more specific purposes;
The processing is necessary for the fulfillment of a contract to which the data subject is a party or for the implementation of pre-contractual measures that take place at the request of the data subject;
The processing is necessary to fulfill a legal obligation to which the person responsible is subject;
The processing is necessary to protect the vital interests of the data subject or another natural person;
The processing is necessary for the performance of a task that is in the public interest or is carried out in the exercise of official authority that has been assigned to the person responsible;
Processing is necessary to safeguard the legitimate interests of the person responsible or a third party, unless the interests or fundamental rights and freedoms of the data subject, which require the protection of personal data, prevail, in particular if the data subject is a child .
INFORMATION ABOUT THE COLLECTION OF PERSONAL DATA
(1) In the following we inform you about the collection of personal data when using our website. Personal data are e.g. B. Name, address, email addresses, user behavior.
(2) If you contact us by e-mail or using a contact form, we will save the data you provide (your e-mail address, possibly your name and telephone number) in order to answer your questions. We delete the data arising in this context after storage is no longer required, or processing is restricted if there are statutory retention requirements.
COLLECTION OF PERSONAL DATA WHEN VISITING OUR WEBSITE
If you only use the website for informational purposes, i.e. if you do not register or otherwise provide us with information, we only collect the personal data that your browser transmits to our server. If you would like to view our website, we collect the following data, which is technically necessary for us to display our website to you and to guarantee stability and security (legal basis is Art. 6 Para. 1 S. 1 lit.f GDPR):
Date and time of the request
Time zone difference to Greenwich Mean Time (GMT)
Content of the request (specific page)
Access status / HTTP status code
amount of data transferred in each case
Website from which the request came
Operating system and its interface
Language and version of the browser software.
(1) In addition to the aforementioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive and assigned to the browser you are using and through which certain information flows to the place that sets the cookie. Cookies cannot run programs or transmit viruses to your computer. They serve to make the Internet offer more user-friendly and effective overall.
(2) This website uses the following types of cookies, the scope and functionality of which are explained below:
Transient cookies (see a.)
Persistent cookies (see b.).
Transient cookies are automatically deleted when you close the browser. This includes in particular the session cookies. These store a so-called session ID, with which various requests from your browser can be assigned to the common session. This allows your computer to be recognized when you return to our website. The session cookies are deleted when you log out or close the browser.
Persistent cookies are automatically deleted after a specified period, which can differ depending on the cookie. You can delete the cookies at any time in the security settings of your browser.
You can configure your browser settings according to your wishes and e.g. B. reject the acceptance of third-party cookies or all cookies. So-called "Third Party Cookies" are cookies that have been set by a third party, therefore not by the actual website you are currently on. We would like to point out that if you deactivate cookies, you may not be able to use all the functions of this website.
FURTHER FUNCTIONS AND OFFERS ON OUR WEBSITE
(1) In addition to the purely informational use of our website, we offer various services that you can use if you are interested. To do this, you usually have to provide additional personal data that we use to provide the respective service and for which the aforementioned data processing principles apply.
(2) In some cases, we use external service providers to process your data. These have been carefully selected and commissioned by us, are bound by our instructions and are checked regularly.
(3) Furthermore, we can pass on your personal data to third parties if we offer participation in campaigns, competitions, contracts or similar services together with partners. You will receive more information on this when you provide your personal data or below in the description of the offer.
(4) If our service providers or partners are based in a country outside the European Economic Area (EEA), we will inform you of the consequences of this fact in the description of the offer.
Our offer is basically aimed at adults. Persons under the age of 18 should not transmit any personal data to us without the consent of their parents or legal guardians.
DATA SUBJECT RIGHTS
(1) Revocation of consent
If the processing of personal data is based on consent given, you have the right to withdraw your consent at any time. Withdrawing your consent does not affect the legality of the processing carried out on the basis of your consent up to the point of withdrawal.
You can contact us at any time to exercise your right of withdrawal.
(2) Right to confirmation
You have the right to request confirmation from the person responsible as to whether we are processing personal data relating to you. You can request confirmation at any time using the contact details given above.
(3) Right to information
If personal data is processed, you can request information about this personal data and the following information at any time:
the purposes of the processing;
the categories of personal data that are processed;
the recipients or categories of recipients to whom the personal data have been disclosed or are still being disclosed, in particular in the case of recipients in third countries or international organizations;
if possible, the planned duration for which the personal data will be stored or, if this is not possible, the criteria for determining this duration;
the existence of a right to correction or deletion of your personal data or to restriction of processing by the person responsible or a right to object to this processing;
the existence of a right to lodge a complaint with a supervisory authority;
if the personal data are not collected from the data subject, all available information on the origin of the data;
the existence of automated decision-making including profiling in accordance with Article 22 Paragraphs 1 and 4 GDPR and - at least in these cases - meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
If personal data is transmitted to a third country or to an international organization, you have the right to be informed about the appropriate guarantees in accordance with Article 46 GDPR in connection with the transmission. We provide a copy of the personal data that is the subject of the processing. For all further copies that you personally request, we can charge a reasonable fee based on the administrative costs. If you submit the application electronically, the information must be made available in a common electronic format, unless otherwise stated. The right to receive a copy under paragraph 3 must not affect the rights and freedoms of other persons.
(4) Right to rectification
You have the right to request us to correct any incorrect personal data concerning you without delay. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data - including by means of a supplementary declaration.
(5) Right to deletion ("right to be forgotten")
You have the right to demand that the person responsible delete personal data relating to you immediately, and we are obliged to delete personal data immediately if one of the following reasons applies:
The personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
The data subject revokes their consent on which the processing was based in accordance with Article 6 (1) (a) or Article 9 (2) (a) GDPR, and there is no other legal basis for the processing.
The person concerned objects to the processing in accordance with Article 21 (1) GDPR and there are no overriding legitimate reasons for the processing, or the person concerned objects to the processing in accordance with Article 21 (2) GDPR.
The personal data was processed unlawfully.
The deletion of personal data is necessary to fulfill a legal obligation under Union law or the law of the member states to which the person responsible is subject.
The personal data was collected in relation to information society services offered in accordance with Article 8 (1) GDPR.
If the person responsible has made the personal data public and is obliged to delete it in accordance with paragraph 1, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform the person responsible for the data processing who process the personal data to inform that a data subject has requested the deletion of all links to this personal data or of copies or replications of this personal data.
The right to deletion ("right to be forgotten") does not exist if processing is necessary:
to exercise the right to freedom of expression and information;
to fulfill a legal obligation that requires processing under the law of the Union or of the member states to which the person responsible is subject, or to perform a task that is in the public interest or in the exercise of official authority that has been transferred to the person responsible;
for reasons of public interest in the area of public health in accordance with Article 9 Paragraph 2 Letters h and i and Article 9 Paragraph 3 GDPR;
for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes in accordance with Article 89 Paragraph 1 GDPR, insofar as the right referred to in Paragraph 1 is likely to make the realization of the objectives of this processing impossible or seriously impair it, or
to assert, exercise or defend legal claims.
(6) Right to restriction of processing
You have the right to request that we restrict the processing of your personal data if one of the following conditions is met:
the correctness of the personal data is disputed by the data subject for a period that enables the person responsible to check the correctness of the personal data,
the processing is unlawful and the data subject refuses to delete the personal data and instead requests that the use of the personal data be restricted;
the person responsible no longer needs the personal data for the purposes of processing, but the data subject needs them to assert, exercise or defend legal claims, or
the person concerned has lodged an objection to the processing in accordance with Article 21 (1) GDPR, as long as it has not yet been determined whether the legitimate reasons of the person responsible outweigh those of the person concerned.
If the processing has been restricted in accordance with the above-mentioned conditions, this personal data - apart from their storage - will only be used with the consent of the person concerned or to assert, exercise or defend legal claims or to protect the rights of another natural or legal person or for reasons processed in an important public interest of the Union or a Member State.
In order to exercise the right to restriction of processing, the data subject can contact us at any time using the contact details given above.
(7) Right to data portability
You have the right to receive the personal data relating to you that you have provided to us in a structured, common and machine-readable format, and you have the right to transfer this data to another person responsible without hindrance from the person responsible to whom the personal data is provided to be transmitted, provided that:
the processing is based on consent in accordance with Article 6 (1) (a) or Article 9 (2) (a) or on a contract in accordance with Article 6 (1) (b) GDPR and
the processing is carried out using automated procedures.
When exercising the right to data portability in accordance with paragraph 1, you have the right to have the personal data transmitted directly from one person in charge to another person in charge, insofar as this is technically feasible. Exercising the right to data portability does not affect the right to erasure (“right to be forgotten”). This right does not apply to processing that is necessary for the performance of a task that is in the public interest or that is carried out in the exercise of official authority that has been assigned to the person responsible.
(8) Right of objection
You have the right, for reasons that arise from your particular situation, to object at any time to the processing of personal data relating to you, which is based on Article 6 (1) (e) or (f) GDPR; this also applies to profiling based on these provisions. The person responsible no longer processes the personal data unless he can prove compelling legitimate reasons for the processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
If personal data are processed in order to operate direct mail, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct advertising. If you object to processing for direct marketing purposes, the personal data will no longer be processed for these purposes.
In connection with the use of information society services, regardless of Directive 2002/58 / EC, you can exercise your right of objection by means of automated procedures in which technical specifications are used.
You have the right, on grounds relating to your particular situation, to object to the processing of personal data relating to you that is carried out for scientific or historical research purposes or for statistical purposes in accordance with Article 89 (1), unless the processing is necessary to fulfill a task in the public interest.
You can exercise your right of objection at any time by contacting the person responsible.
(9) Automated decisions in individual cases including profiling
You have the right not to be subject to a decision based solely on automated processing - including profiling - which has legal effects on you or which significantly affects you in a similar manner. This does not apply if the decision:
is necessary for the conclusion or performance of a contract between the data subject and the person responsible,
is permissible on the basis of legal provisions of the Union or of the member states to which the person responsible is subject and these legal provisions contain appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject or
takes place with the express consent of the data subject.
The person responsible takes appropriate measures to safeguard the rights and freedoms as well as the legitimate interests of the data subject, including at least the right to obtain intervention by a person on the part of the person responsible, to express their own point of view and to contest the decision.
The data subject can exercise this right at any time by contacting the relevant responsible party.
(10) Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you also have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your place of residence, your place of work or the place of the alleged infringement, if the person concerned is of the opinion that the processing is of concern to them personal data violates this regulation.
(11) Right to an effective judicial remedy
Without prejudice to any available administrative or extrajudicial remedy, including the right to lodge a complaint with a supervisory authority pursuant to Article 77 GDPR, you have the right to an effective judicial remedy if you are of the opinion that your rights under this regulation are not in accordance with this Regulation according to the processing of your personal data have been violated.
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