General Terms & Conditions


General Terms and Conditions of the provider “DiSi Reinigungssysteme UG (haftungsbeschränkt)” (Status: 01.04.2020)

§1 Scope
§2 Offer and conclusion of contract
§3 Prices and terms of payment
§4 Retention of title
§5 Transfer of risk, delivery and shipping conditions
§6 Warranty and notification of defects
§7 Right of return and return costs
§8 Liability
§9 Applicable law, place of jurisdiction, contract language
§10 Data protection
§11 Out-of-court dispute resolution

§1 Scope

  1. The terms and conditions of DiSi Reinigungssysteme UG (limited liability), (hereinafter “provider”), are nevertheless aimed at consumers and entrepreneurs (hereinafter “customer” or explicitly named).
  2. A consumer in the sense of these general terms and conditions is any natural person whose business purpose can neither be attributed to a commercial nor independent professional activity and whose use of the goods or intention serves purely private purposes.
  3. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or partnership with legal capacity whose business purpose or intention can be attributed to the exercise of an independent, commercial, professional or commercial activity.

§2 Offer and conclusion of contract

The contract between the provider and the customer, including these terms of sale, delivery and payment, comes into effect when the provider receives the invoice. The presentation of the goods and the order confirmation only represent a non-binding offer on the part of the potential seller and not an acceptance of the contract, so that the seller may reject the purchase offer.

§3 Prices and terms of payment

Prepayment is agreed for all purchases and payment is due immediately upon conclusion of the contract. The goods are dispatched immediately after receipt of payment or as agreed by the customer.

§4 Retention of title

In relation to consumers and entrepreneurs, the provider retains ownership of the delivered goods until the purchase price has been paid in full.

§5 Transfer of risk, delivery and shipping conditions

  1. The delivery of goods takes place regularly on the dispatch route, by a shipping company commissioned by the provider and to the delivery address specified by the customer. When processing the transaction, the invoice or delivery address stored by the customer must be used or the customer will inform the provider of any deviating details immediately after the conclusion of the contract. When the goods are delivered to the customer, the risk of accidental loss or accidental deterioration of the goods is transferred to the customer.
  2. If the transport company sends the goods back to the provider because delivery to the customer was not possible, the customer bears the costs for the unsuccessful dispatch and for the new delivery. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the provider announced the service a reasonable time in advance would have.

§6 Warranty and notification of defects

If there is a defect in the delivered goods, the statutory provisions for consumers or entrepreneurs apply. Deviating from this, the following is agreed:

  1. In principle, the customer’s right to a warranty expires in the event of defects that can be traced back to:
    a) use-related wear and tear
    b) incorrect assembly or installation
    c) improper use as well as improper operation or stress, the use of goods not in accordance with the declared purpose. The limits of the load capacity must be determined with caution for all products. HP nozzles, lances, telescopic lances and also high-pressure cleaners require proper use and special care. For any damage to the goods themselves or caused by the goods due to improper use, the consumer or entrepreneur is solely liable.
    d) external influences
    e) Use of non-original accessories according to the manufacturer of the goods
    f) Disregard of storage requirements, maintenance intervals that are provided in the respective operating instructions
    The limitation period does not start again if a replacement delivery is made within the scope of liability for defects.
  2. If the goods are B-goods, the warranty period is 12 months for customers as entrepreneurs as well as consumers. Goods designated as B-goods are initially unused new goods, which the supplier removes once from the packaging in order to subject it to a functional test. This functional test relates purely to the elementary basic functions. The provider then repackages the goods as originally as possible.
  3. In the case of used goods, the company’s rights and claims due to defects are fundamentally excluded. If the customer is a consumer, the warranty period is 12 months.
  4. If the customer acts as an entrepreneur, the warranty period for new goods is also 12 months, the warranty rights of the customer require that the customer has duly complied with his inspection and complaint obligations under Section 377 of the German Commercial Code. If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the consumer does not comply, this has no effect on his statutory or contractual claims for defects.
  5. If, despite all due care, the delivered goods show a defect that already existed at the time of the transfer of risk, the buyer can, in the case of defective goods, request subsequent performance, at his option, the removal of the defect or the delivery of a defect-free item or compensation . The provider must always be given the opportunity to provide supplementary performance within a reasonable period. Return claims remain unaffected by the above regulation without restriction. If the supplementary performance has been carried out by means of a replacement delivery, the customer is obliged to return the goods initially delivered to the seller within 30 days at the customer’s expense. The return of the defective goods must take place in accordance with the statutory provisions.

§7 Right of return and return costs

  1. If the customer acts as an entrepreneur, he has no right of cancellation or return.
  2. If the customer acts as a consumer, the goods received can be returned within 14 days without giving a reason.

Any return is at the expense and risk of the buyer. The expiry period begins with the day of receipt of the goods and with the fulfillment of the information obligations according to Article 246 § 2 in connection with § 1 paragraph. 1 and 2 EGBGB as well as the obligations according to § 312g paragraph. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The intention to return must always be declared in writing to:
DiSi Reinigungssysteme UG (haftungsbeschränkt)
Mr. Dirk Sickerling
Müller-Thurgau-Weg 8
65385 Rüdesheim am Rhein
Germany

In the case of an effective return, the goods received on both sides are to be returned. The goods are to be made available for collection immediately after the customer has indicated the return request and, in this case, will be collected from the customer by a shipping company commissioned by the provider and invoiced accordingly. In the case of parcel deliveries, the buyer bears the return costs directly. The customer does not have to pay any compensation for a deterioration caused by the intended use of the goods. “Checking the properties and functionality” means testing and trying out the respective goods, as is possible and customary in a shop. For the deterioration of the goods and for drawn uses, the customer only has to pay compensation if the uses or the deterioration can be traced back to a handling of the goods that goes beyond the examination of the properties and the functionality. The provider will deduct any value replacement services directly from the purchase price paid by the customer. The reimbursement period for the payment made or the purchase price reduced by the value replacement service is 30 days, beginning after the goods have been returned. Damage and contamination of the goods are to be avoided. The goods are to be sent back to the provider in their original packaging with all accessories and all packaging components if possible. If the original packaging is no longer available, suitable packaging must be used to avoid transport damage.

If you want to return the delivered goods and revoke the contract accordingly, please fill out the following form and send it to: info@disi-reinigungssysteme.de.
DiSi Reinigungssysteme UG (haftungsbeschränkt)
Müller-Thurgau-Weg 8
65385 Rüdesheim an Rhein
Germany.

Withdrawal form:
I hereby revoke the contract I have concluded for the purchase of the following goods X
Ordered on the X.
Received on X
Name of the consumer X
Address of the consumer X
Date X

§8 Liability

The provider is liable to the customer for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:

  1. The provider is fully liable for any legal reason such as willful intent or gross negligence, negligent or willful injury to life, limb or health, due to mandatory liability such as under the Product Liability Act.
  2. If the provider negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract. Essential contractual obligations are obligations that the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the customer can regularly rely.
  3. The above liability regulations also apply with regard to the liability of the provider for his vicarious agents and legal representatives.

§9 Applicable law, place of jurisdiction, contract language

  1. The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws governing the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
  2. If the customer acts as a merchant or entrepreneur, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the provider’s place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if their place of residence or habitual residence is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
  3. The contract language is German.

§10 Data protection

  1. Name and contact details of the person responsible for processing and the company data protection officer
    This data protection information applies to data processing by:
    Responsible: Dirk Sickerling, Müller-Thurgau-Weg 8, 65385 Rüdesheim, Germany
    Email: info@disi-reinigungssysteme.de Phone: + (0) 157/775 45 1 45
  2. Collection and storage of personal data as well as the type and purpose of their use
    a) When visiting the website
    When you visit our website www.disi-reinigungssysteme.de, the browser used on your device automatically sends information to the server on our website. This information is temporarily stored in a so-called log file. The following information is recorded without any action on your part and stored until it is automatically deleted:

● IP address of the requesting computer,
● date and time of access,
● Name and URL of the file called up,
● Website from which access is made (referrer URL),
● Browser used and, if applicable, the operating system of your computer and the name of your access provider.

The data mentioned are processed by us for the following purposes:
● ensuring a smooth connection to the website,
● ensuring comfortable use of our website,
● Evaluation of system security and stability as well as
● for further administrative purposes.

The legal basis for data processing is Art. 6 Para. 1 S. 1 lit. f GDPR. Our legitimate interest follows from the purposes of data collection listed above. In no case do we use the collected data for the purpose of drawing conclusions about you personally.
In addition, we use cookies and analysis services when you visit our website. You will find more detailed explanations under Sections 4 and 5 of this data protection declaration.
b) When registering for our newsletter
If you have given your express consent in accordance with Art. 6 Paragraph 1 Clause 1 lit. a GDPR, we will use your email address to regularly send you our newsletter. It is sufficient to provide an email address to receive the newsletter.
You can unsubscribe at any time, for example via a link at the end of each newsletter. Alternatively, you can send your unsubscribe request at any time to info@disi-reinigungssysteme.de by email.
c) When using our contact form
If you have any questions, we offer you the opportunity to contact us using a form provided on the website. It is necessary to provide a valid email address so that we know who sent the request and so that we can answer it. Further information can be provided voluntarily.
The data processing for the purpose of contacting us takes place in accordance with Art. 6 Para. 1 S. 1 lit. a GDPR on the basis of your voluntarily given consent.
The personal data collected by us for the use of the contact form will be automatically deleted after your inquiry has been dealt with.

  1. Transfer of data
    A transfer of your personal data to third parties for purposes other than those listed below does not take place. The processing takes place on the basis of Art. 6 (1) lit. b GDPR and is necessary for the fulfillment of a contract with you. Your data will not be passed on to third parties without your express consent. The only exceptions to this are our service partners, who we need to process the contractual relationship or service providers whom we use for order processing.
    We will only pass on your personal data to third parties if:

● you have given your express consent in accordance with Art. 6 Paragraph 1 Clause 1 lit.
● the transfer according to Art. 6 Para. 1 S. 1 lit. f GDPR is necessary for the establishment, exercise or defense of legal claims and there is no reason to assume that you have an overriding legitimate interest in not disclosing your data
● in the event that there is a legal obligation for disclosure in accordance with Art. 6 Paragraph 1 Clause 1 lit.
● this is legally permissible and required in accordance with Article 6 Paragraph 1 Sentence 1 lit. b GDPR for the processing of contractual relationships with you.

  1. Cookies
    We use cookies on our website. These are small files that your browser automatically creates and that are stored on your device (laptop, tablet, smartphone, etc.) when you visit our site. Cookies do not cause any damage to your device and do not contain any viruses, Trojans or other malware.
    Information is stored in the cookie that results in connection with the specific device used. However, this does not mean that we are immediately aware of your identity.
    The use of cookies serves on the one hand to make the use of our offer more pleasant for you. We use so-called session cookies to recognize that you have already visited individual pages on our website. These are automatically deleted after leaving our site.
    In addition, we also use temporary cookies to optimize user-friendliness, which are stored on your end device for a specified period of time. If you visit our site again to use our services, it is automatically recognized that you have already visited us and what inputs and settings you have made so that you do not have to re-enter them.
    On the other hand, we use cookies to statistically record the use of our website and to evaluate it for you in order to optimize our offer (see Section 5). These cookies enable us to automatically recognize when you visit our site again that you have already visited us. These cookies are automatically deleted after a defined period of time.
    The data processed by cookies are required for the purposes mentioned to safeguard our legitimate interests as well as those of third parties according to Art. 6 Para. 1 S. 1 lit.f GDPR.
    Most browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or a message always appears before a new cookie is created. However, if you completely deactivate cookies, you may not be able to use all the functions of our website.
  2. Analysis tools
    a) tracking tools
    The tracking measures listed below and used by us are carried out on the basis of Art. 6 Para. 1 S. 1 lit. With the tracking measures used, we want to ensure a needs-based design and continuous optimization of our website. On the other hand, we use tracking measures to statistically record the use of our website and to evaluate it for you to optimize our offer. These interests are to be regarded as legitimate within the meaning of the aforementioned regulation.
    The respective data processing purposes and data categories can be found in the corresponding tracking tools.

i) Google Analytics 1
We use Google Analytics, a web analytics service provided by Google Inc. (https://www.google.de/intl/de/about/) (1600 Amphitheater Parkway, Mountain View, CA 94043, USA; hereinafter “Google”). In this context, pseudonymised usage profiles are created and cookies (see section 4) are used. The information generated by the cookie about your use of this website such as

● browser type / version,
● the operating system used,
● Referrer URL (the previously visited page),
● Host name of the accessing computer (IP address),
● time of the server request,

are transmitted to a Google server in the USA and stored there. The information is used to evaluate the use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage for the purposes of market research and the needs-based design of this website. This information may also be passed on to third parties if this is required by law or if third parties process this data on behalf of us. Under no circumstances will your IP address be merged with other Google data. The IP addresses are anonymized so that an assignment is not possible (IP masking).
You can prevent the installation of cookies by setting the browser software accordingly; however, we would like to point out that in this case not all functions of this website can be used to their full extent.
You can also prevent the collection of the data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing a browser add-on (https: //tools.google.com/dlpage/gaoptout?hl=de).
As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent Google Analytics from collecting data by clicking on this link. An opt-out cookie will be set which prevents the future collection of your data when you visit this website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you will have to set the opt-out cookie again.
Further information on data protection in connection with Google Analytics can be found in the Google Analytics Help Center (https://support.google.com/analytics/answer/6004245?hl=de).
ii) Google Adwords Conversion Tracking We also use Google Conversion Tracking to statistically record the use of our website and to evaluate it for the purpose of optimizing our website. In doing so, Google Adwords will set a cookie (see section 4) on your computer if you have reached our website via a Google ad.
These cookies lose their validity after 30 days and are not used for personal identification. If the user visits certain pages on the website of the Adwords customer and the cookie has not yet expired, Google and the customer can see that the user clicked on the ad and was redirected to this page.
Every Adwords customer receives a different cookie. This means that cookies cannot be tracked via the websites of Adwords customers. The information obtained using the conversion cookie is used to generate conversion statistics for Adwords customers who have opted for conversion tracking. Adwords customers find out the total number of users who clicked on their ad and were redirected to a page with a conversion tracking tag. However, they do not receive any information with which users can be personally identified.
If you do not want to take part in the tracking process, you can also refuse the setting of a cookie required for this – for example via a browser setting that generally deactivates the automatic setting of cookies. You can also deactivate cookies for conversion tracking by setting your browser so that cookies from the domain “www.googleadservices.com” are blocked. You can find Google’s data protection information on conversion tracking here (https://services.google.com/sitestats/de.html).

  1. Rights of data subjects
    You have the right: to request information about your personal data processed by us in accordance with Art. 15 GDPR. In particular, you can obtain information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to correction, deletion, restriction of processing or objection, the existence of a Right to lodge a complaint, the origin of your data, if we have not collected it, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information on their details;

● In accordance with Art. 16 GDPR, to immediately request the correction of incorrect or incomplete personal data stored by us;
● to request the deletion of your personal data stored by us in accordance with Art. 17 GDPR, unless processing to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend Legal claims is required;
● to request the restriction of the processing of your personal data in accordance with Art. 18 GDPR if you dispute the correctness of the data, the processing is unlawful, but you refuse to delete it and we no longer need the data, but you need it to assert it, Need to exercise or defend legal claims or you have objected to processing in accordance with Art. 21 GDPR;
● in accordance with Art. 20 GDPR, to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request that it be transmitted to another person responsible;
● to revoke your once given consent to us at any time in accordance with Art. 7 Para. 3 GDPR. As a result, we are no longer allowed to continue the data processing based on this consent in the future and
● to complain to a supervisory authority in accordance with Art. 77 GDPR. As a rule, you can contact the supervisory authority of your usual place of residence or work or our office.

  1. Right to Object
    If your personal data are processed on the basis of legitimate interests in accordance with Art. 6 Para. 1 S. 1 lit.f GDPR, you have the right to object to the processing of your personal data in accordance with Art. 21 GDPR, provided there are reasons which arise from your particular situation or the objection is directed against direct mail. In the latter case, you have a general right of objection, which we will implement without specifying a particular situation.
    If you would like to make use of your right of revocation or objection, an email to info@disi-reinigungssysteme.de is sufficient.
  2. Data security
    We use the popular SSL (Secure Socket Layer) method in conjunction with the highest level of encryption supported by your browser when you visit our website. As a rule, this is a 256-bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. You can tell whether an individual page of our website is transmitted in encrypted form by the closed key or lock symbol in the lower status bar of your browser.
    We also use suitable technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or total loss, destruction or against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.
  3. Current status and changes to this data protection declaration This data protection declaration is currently valid and was last updated in May 2018.
    Due to the further development of our website and offers on it or due to changed legal or official requirements, it may be necessary to change this data protection declaration.

1 Data protection authorities require the conclusion of an order data processing agreement for the permitted use of Google Analytics. A corresponding template is offered by Google at http://www.google.com/analytics/terms/de.pdf.

§11 Out-of-court dispute resolution

The EU Commission provides an online platform for dispute resolution (“OS platform”) under the link http://ec.europa.eu/odr.
If the customer is a consumer resident in the European Union, there is the possibility of using this platform for the out-of-court settlement of disputes about contractual obligations from online sales contracts.
We are obliged to inform you about the existence of this OS platform. We endeavor to resolve any differences of opinion regarding contracts concluded with our customers directly and amicably. However, we do not take part in the dispute resolution via the OS platform. In addition, we are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

Sources: Disclaimer eRecht24, Google Analytics Conditions, Google Adsense Privacy Policy