Site Notice

Information provided according to Sec. 5 German Telemedia Act (TMG):

Deifel GmbH & Co. KG Buntfarbenfabrik
Alte Bahnhofstr. 11
97422 Schweinfurt

Represented by:
die Geschäftsführer: Michael Schäfer, Bernd Schäfer

Contact:
Telephone: 49 9721 1774-0
Telefax: 49 9721 1774-44
Email: info@deifel-masterbatch.de

Register entry:
Entry in the Handelsregister.
Registering court:Amtsgericht Schweinfurt
Registration number: HRA 194 / HRB 4290

VAT:
VAT Id number according to Sec. 27 a German Value Added Tax Act: DE 133881604

Information concerning professional indemnity insurance:
Scope of insurance: Deutschland

Responsible for contents acc. to Sec. 55, para. 2 German Federal Broadcasting Agreement (RstV):
Bernd Schäfer
Alte Bahnhofstr. 11
D-97422 Schweinfurt

Dispute resolution
The European Commission provides a platform for online dispute resolution (OS):
https://ec.europa.eu/consumers/odr.
Please find our email in the impressum/legal notice.
We do not take part in online dispute resolutions at consumer arbitration boards.

by Longworth Media

General terms

General terms and conditions of sale and supply
(Download)
§ 1 General – Scope
1. Our terms and conditions of sale are exclusively applicable; we do not recognise terms of the buyer inconsistent with or deviating from our terms and conditions of sale unless we have expressly accepted their validity in writing. Our terms and conditions of sale are also valid if we unconditionally execute the delivery to the buyer, knowing that the buyer’s terms are inconsistent with or deviate from our terms and conditions of sale.

2. All agreements concluded between us and the buyer in terms of execution of this contract are included in this contract, in writing.

3. Our terms and conditions of sale are only applicable to companies and body corporates under public law or a special fund under public law pursuant to § 310 para. 1 BGB [Civil Code].

4. Supplemental hereto, the ECE regulations of the International Chamber of Commerce in Paris, in their valid version, are applicable to cross-border transactions.

§ 2 Proposals – Conclusion of the contract
1. Proposals are always subject to confirmation.

2. The contract only enters into force after our order confirmation or execution of the order. The order must qualify as a proposal pursuant to § 145 BGB. We can accept these within two weeks.

§ 3 Prices – Terms of payment
1. Our prices are quoted in EURO unless otherwise agreed.

2. Unless specified otherwise in our order confirmation, our prices are “ex works”, excluding packaging, which is invoiced separately.

3. Our prices do not include statutory value added tax; this is shown separately on the invoice as legally applicable VAT on the day of invoicing.

4. Unless specified otherwise in the order confirmation, the purchase price is payable within 30 days from date of invoice, net and without deductions. The legal regulations governing the consequences of default on payment shall apply. Payment within 10 days from date of invoice shall qualify for a 2% discount. The date of delivery is deemed the date of invoicing.

5. We are not obligated to accept bills of exchange.

6. We reserve the right to adjust our prices in the event of cost reductions or increases after conclusion of the contract, especially as a result of tariff agreements or changes in the cost of materials. On request, we shall present proof to the buyer.

7. The buyer is only entitled to set-off if his counterclaims are confirmed by final judgement or undisputed or recognised by us. He is, furthermore, entitled to exercise right of retention insofar as his counterclaim is based on the same contractual relationship.

§ 4 Delivery
1. Delivery is at the risk of the buyer. On request of the buyer, we can insure the shipment with a cargo insurer; the buyer shall bear the arising cost.

2. Claims for transportation damage shall be asserted directly by the buyer against the carrier, within the specific time frame.

3. Transportation packaging and all other packaging in accordance with the packaging regulations is not taken back; pallets excluded. The buyer is obliged to dispose of packaging on own account.

§ 5 Disturbance of contract
1. Unavoidable interruption of operations, failure to meet delivery dates, loss of upstream suppliers, shortage of energy and raw material, traffic congestions, war and strikes, lockouts, official regulations and force majeure events release us from the obligation to deliver, for the duration of the disturbance and the extent of its effects.

2. Such events entitle us to withdraw from the contract, fully or in part, or to suitably extend the delivery time without the buyer being entitled to compensation.

§ 6 Liability for defects
1. The goods shall comply with the current state-of-the-art and the concluded quality agreements.

2. The rights of the buyer to remedy of defects presuppose that he has duly met his obligations to inspect and notify, pursuant to § 377 HGB [Commercial Code]. The buyer is obliged, in particular, to meet inspection and testing obligations under his own operating conditions.

3. Volume differences up to 10% are no ground for claims since these are inherent in the manufacturing process.

4. In the event of defective purchased goods, the buyer is entitled to optionally demand supplementary performance by repair or demand delivery of new goods without defect. In the event of repairs, we undertake to carry all costs, especially transport, road, working and material costs of remedying defects, provided these costs are not increased due to delivery of the purchased goods to a location other than the place of performance. In the event of repairs, we shall carry the cost up to the amount of the purchase price.

5. If supplementary performance fails, the buyer is entitled to optionally demand cancellation or a discount.

6. We, including our representatives and vicarious agents, are liable pursuant to legal regulations for the buyer’s claims for damages based on intent or gross negligence. Unless we are culpable of deliberate breach of contract, liability for damages shall be limited to the foreseeable, typically damage to be expected.

7. We are liable pursuant to legal regulations for culpable fundamental breach of contract; but liability for damages is in that case limited to the foreseeable and typically occurring damage.

8. Insofar as the buyer has a right to claim for replacement of damage instead of the service, our liability shall again, within the framework of Paragraph 4, be limited to compensation for the foreseeable and typically to be expected damage.

9. Liability following culpable injury to life, limb and health shall remain unaffected. This is also applicable to mandatory liability under the Product Liability Act.

10. Liability is excluded unless arranged otherwise above.

11. Claims for defects are subject to a 12-month statute of limitation, effective as from passing of risk.

§ 7 Joint and several liability
1. Liability for compensation exceeding that provided for in § 6 shall be excluded – regardless of the legal basis of the asserted claim. This is applicable, in particular, to claims for culpable damages arising from conclusion of the contract and for other breaches of duty, or to tort claims for compensation of material damages pursuant to § 823 BGB.

2. Insofar as the liability towards us for damages is excluded or limited, such liability shall likewise be excluded or limited towards our staff, employees, co-workers, representatives and vicarious agents.

§ 8 Securing of reservation of proprietary rights
1. We reserve proprietary rights to the purchased goods until all payments under the supply contract have been made. We are entitled to recover the purchased goods should the buyer be in breach of contract, especially by defaulting on payment. Recovery of the purchased goods does not imply our withdrawal from the contract, unless expressly stated by us, in writing. Attachment of the purchased goods by us always constitutes withdrawal from the contract. We are entitled to utilise the purchased goods after recovery; the proceeds of sale shall be credited against the buyer’s payables – minus reasonable cost of utilisation.

2. The buyer is obligated to handle the purchased goods with care; he is obligated in particular to adequately insure such goods against damage by fire, water and theft, at replacement value and at his expense.

3. In the case of attachment or other actions by third parties, the buyer shall immediately notify us in writing, to enable us to take action pursuant to § 771 ZPO [Code of Civil Procedure]. Insofar as the third party is not in a position to reimburse us for the costs of legal action pursuant to § 771 ZPO in or out of court, the buyer shall be liable for our accrued cost.

4. The buyer is entitled to re-sell the purchased goods in the regular course of business. He shall, however, cede to us in advance all receivables due to him from his clients or third parties after resale, to the amount of the grand total of our invoice (including VAT) for our receivables – irrespective whether the purchased goods were sold separately from or under the agreement. The buyer shall remain authorised to collect this receivable also after the cession. Our authority to collect this receivable ourselves shall remain unaffected thereby. We undertake, however, not to collect the receivable, provided the buyer timeously meets his payment obligations from the proceeds accruing to him and, in particular, has not filed for insolvency proceedings or bankruptcy. In the event of the above, however, we may demand that the buyer inform us of the ceded receivables and the debtors, provide us with all the information required for collection, submit the relevant documentation and notify the debtors (third parties) of the cessation.

5. The processing or alteration of the purchased goods by the buyer shall always be on our behalf. Should the purchased goods be processed together with other objects which are not ours, we shall have co-ownership of the new object in the ratio of the value of the purchased goods (grand total of invoice, including VAT) to the other processed objects at the time of processing. The conditions applicable to the conditionally supplied purchased object shall also be applicable to the object created through processing.

6. Should the purchased goods be inseparably mixed with other objects which are not ours, we shall have co-ownership of the new object in the ratio of the value of the purchased goods (grand total of invoice, including VAT) to the other mixed objects at the time of mixing. If mixing is in a manner which renders the buyer’s object the principal object, it shall be agreed that the buyer grants us pro rata co-ownership. The buyer shall keep the thus created sole owned or co-owned object safe on our behalf.

7. We undertake to release the securities ceded to us on request of the buyer if the realisable value of our securities exceeds the receivables to be secured by more than 10%; we shall have the right to choose the securities to be released.

§ 9 Place of jurisdiction and performance
1. Our business location shall be the place of jurisdiction if the buyer is a businessman; we shall, however, have the right to sue the buyer in the court where he is domiciled.

2. The laws of the Federal Republic of Germany shall be applicable; the UN Convention on Contracts for the International Sale of Goods is excluded.

3. Supplemental hereto, the ECE regulations of the International Chamber of Commerce in Paris, in their valid version, are applicable to cross-border transactions.

4. Our business location shall be the place of performance unless specified otherwise in the order confirmation.

Disclaimer

Liability for Contents
As service providers, we are liable for own contents of these websites according to Sec. 7, paragraph 1 German Telemedia Act (TMG). However, according to Sec. 8 to 10 German Telemedia Act (TMG), service providers are not obligated to permanently monitor submitted or stored information or to search for evidences that indicate illegal activities.

Legal obligations to removing information or to blocking the use of information remain unchallenged. In this case, liability is only possible at the time of knowledge about a specific violation of law. Illegal contents will be removed immediately at the time we get knowledge of them.

Liability for Links
Our offer includes links to external third party websites. We have no influence on the contents of those websites, therefore we cannot guarantee for those contents. Providers or administrators of linked websites are always responsible for their own contents.

The linked websites had been checked for possible violations of law at the time of the establishment of the link. Illegal contents were not detected at the time of the linking. A permanent monitoring of the contents of linked websites cannot be imposed without reasonable indications that there has been a violation of law. Illegal links will be removed immediately at the time we get knowledge of them.

Copyright
Contents and compilations published on these websites by the providers are subject to German copyright laws. Reproduction, editing, distribution as well as the use of any kind outside the scope of the copyright law require a written permission of the author or originator. Downloads and copies of these websites are permitted for private use only.
The commercial use of our contents without permission of the originator is prohibited.

Copyright laws of third parties are respected as long as the contents on these websites do not originate from the provider. Contributions of third parties on this site are indicated as such. However, if you notice any violations of copyright law, please inform us. Such contents will be removed immediately.

rivacy Policy

1. An overview of data protection

General information

The following information will provide you with an easy to navigate overview of what will happen with your personal data when you visit this website. The term “personal data” comprises all data that can be used to personally identify you. For detailed information about the subject matter of data protection, please consult our Data Protection Declaration, which we have included beneath this copy.

Data recording on this website

Who is the responsible party for the recording of data on this website (i.e. the “controller”)?

The data on this website is processed by the operator of the website, whose contact information is available under section “Information Required by Law” on this website.

How do we record your data?

We collect your data as a result of your sharing of your data with us. This may, for instance be information you enter into our contact form.

Other data shall be recorded by our IT systems automatically or after you consent to its recording during your website visit. This data comprises primarily technical information (e.g. web browser, operating system or time the site was accessed). This information is recorded automatically when you access this website.

What are the purposes we use your data for?

A portion of the information is generated to guarantee the error free provision of the website. Other data may be used to analyze your user patterns.

What rights do you have as far as your information is concerned?

You have the right to receive information about the source, recipients and purposes of your archived personal data at any time without having to pay a fee for such disclosures. You also have the right to demand that your data are rectified or eradicated. If you have consented to data processing, you have the option to revoke this consent at any time, which shall affect all future data processing. Moreover, you have the right to demand that the processing of your data be restricted under certain circumstances. Furthermore, you have the right to log a complaint with the competent supervising agency.

Please do not hesitate to contact us at any time under the address disclosed in section “Information Required by Law” on this website if you have questions about this or any other data protection related issues.

Analysis tools and tools provided by third parties

There is a possibility that your browsing patterns will be statistically analyzed when your visit this website. Such analyses are performed primarily with what we refer to as analysis programs.

For detailed information about these analysis programs please consult our Data Protection Declaration below.

3. General information and mandatory information 

Data protection

The operators of this website and its pages take the protection of your personal data very seriously. Hence, we handle your personal data as confidential information and in compliance with the statutory data protection regulations and this Data Protection Declaration.

Whenever you use this website, a variety of personal information will be collected. Personal data comprises data that can be used to personally identify you. This Data Protection Declaration explains which data we collect as well as the purposes we use this data for. It also explains how, and for which purpose the information is collected.

We herewith advise you that the transmission of data via the Internet (i.e. through e-mail communications) may be prone to security gaps. It is not possible to completely protect data against third party access.

Information about the responsible party (referred to as the “controller” in the GDPR)

The data processing controller on this website is:

Deifel GmbH & Co. KG Buntfarbenfabrik
Alte Bahnhofstr. 11
D-97422 Schweinfurt

Telephone: +49 9721 1774-0
Email: info@deifel-masterbatch.de

The controller is the natural person or legal entity that single-handedly or jointly with others makes decisions as to the purposes of and resources for the processing of personal data (e.g. names, e-mail addresses, etc.).

Revocation of your consent to the processing of data

A wide range of data processing transactions are possible only subject to your express consent. You can also revoke at any time any consent you have already given us. To do so, all you are required to do is sent us an informal notification via e-mail. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.

Right to object to the collection of data in special cases; right to object to direct advertising (Art. 21 GDPR)

In the event that data are processed on the basis of Art. 6 Sect. 1 lit. e or f GDPR, you have the right to at any time object to the processing of your personal data based on grounds arising from your unique situation. This also applies to any profiling based on these provisions. To determine the legal basis, on which any processing of data is based, please consult this Data Protection Declaration. If you log an objection, we will no longer process your affected personal data, unless we are in a position to present compelling protection worthy grounds for the processing of your data, that outweigh your interests, rights and freedoms or if the purpose of the processing is the claiming, exercising or defence of legal entitlements (objection pursuant to Art. 21 Sect. 1 GDPR).

If your personal data is being processed in order to engage in direct advertising, you have the right to at any time object to the processing of your affected personal data for the purposes of such advertising. This also applies to profiling to the extent that it is affiliated with such direct advertising. If you object, your personal data will subsequently no longer be used for direct advertising purposes (objection pursuant to Art. 21 Sect. 2 GDPR).

Right to log a complaint with the competent supervisory agency

In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory agency, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other administrative or court proceedings available as legal recourses.

Right to data portability

You have the right to demand that we hand over any data we automatically process on the basis of your consent or in order to fulfil a contract be handed over to you or a third party in a commonly used, machine readable format. If you should demand the direct transfer of the data to another controller, this will be done only if it is technically feasible.

SSL and/or TLS encryption

For security reasons and to protect the transmission of confidential content, such as purchase orders or inquiries you submit to us as the website operator, this website uses either an SSL or a TLS encryption programme. You can recognise an encrypted connection by checking whether the address line of the browser switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line.

If the SSL or TLS encryption is activated, data you transmit to us cannot be read by third parties.

Information about, blockage, rectification and eradication of data

Within the scope of the applicable statutory provisions, you have the right to at any time demand information about your archived personal data, their source and recipients as well as the purpose of the processing of your data. You may also have a right to have your data rectified, blocked or eradicated. If you have questions about this subject matter or any other questions about personal data, please do not hesitate to contact us at any time at the address provided in section “Information Required by Law.”

Right to demand processing restrictions

You have the right to demand the imposition of restrictions as far as the processing of your personal data is concerned. To do so, you may contact us at any time at the address provided in section “Information Required by Law.” The right to demand restriction of processing applies in the following cases:

  • In the event that you should dispute the correctness of your data archived by us, we will usually need some time to verify this claim. During the time that this investigation is ongoing, you have the right to demand that we restrict the processing of your personal data.
  • If the processing of your personal data was/is conducted in an unlawful manner, you have the option to demand the restriction of the processing of your data in lieu of demanding the eradication of this data.
  • If we do not need your personal data any longer and you need it to exercise, defend or claim legal entitlements, you have the right to demand the restriction of the processing of your personal data instead of its eradication.
  • If you have raised an objection pursuant to Art. 21 Sect. 1 GDPR, your rights and our rights will have to be weighed against each other. As long as it has not been determined whose interests prevail, you have the right to demand a restriction of the processing of your personal data.

If you have restricted the processing of your personal data, these data – with the exception of their archiving – may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to protect the rights of other natural persons or legal entities or for important public interest reasons cited by the European Union or a member state of the EU.

Rejection of unsolicited e-mails

We herewith object to the use of contact information published in conjunction with the mandatory information to be provided in section “Information Required by Law” to send us promotional and information material that we have not expressly requested. The operators of this website and its pages reserve the express right to take legal action in the event of the unsolicited sending of promotional information, for instance via SPAM messages.

3. Data protection officer

Designation of a data protection officer as mandated by law

We have appointed a data protection officer for our company.

Karl Gerhard Schumm Entwicklung und Consulting
Bergstrasse 16
D-97503 Gädheim

Telefon: +49 9727 907 939 5
E-Mail: info@Schumm-ITConsult.de

4. Recording of data on this website

Cookies

Our websites and pages use what the industry refers to as “cookies.” Cookies are small text files that do not cause any damage to your device. They are either stored temporarily for the duration of a session (session cookies) or they are permanently archived on your device (permanent cookies). Session cookies are automatically deleted once you terminate your visit. Permanent cookies remain archived on your device until you actively delete them or they are automatically eradicated by your web browser.

In some cases it is possible that third party cookies are stored on your device once you enter our site (third party cookies). These cookies enable you or us to take advantage of certain services offered by the third party (e.g. cookies for the processing of payment services).

Cookies have a variety of functions. Many cookies are technically essential since certain website functions would not work in the absence of the cookies (e.g. the shopping cart function or the display of videos). The purpose of other cookies may be the analysis of user patterns or the display of promotional messages.

Cookies, which are required for the performance of electronic communication transactions (required cookies) or for the provision of certain functions you want to use (functional cookies, e.g. for the shopping cart function) or those that are necessary for the optimization of the website (e.g. cookies that provide measurable insights into the web audience), shall be stored on the basis of Art. 6 Sect. 1 lit. f GDPR, unless a different legal basis is cited. The operator of the website has a legitimate interest in the storage of cookies to ensure the technically error free and optimized provision of the operator’s services. If your consent to the storage of the cookies has been requested, the respective cookies are stored exclusively on the basis of the consent obtained (Art. 6 Sect. 1 lit. a GDPR); this consent may be revoked at any time.

You have the option to set up your browser in such a manner that you will be notified any time cookies are placed and to permit the acceptance of cookies only in specific cases. You may also exclude the acceptance of cookies in certain cases or in general or activate the delete function for the automatic eradication of cookies when the browser closes. If cookies are deactivated, the functions of this website may be limited.

In the event that third party cookies are used or if cookies are used for analytical purposes, we will separately notify you in conjunction with this Data Protection Policy and, if applicable, ask for your consent.

Cookie Consent with Borlabs Cookie

Our website uses the Borlabs cookie consent technology to obtain your consent to the storage of certain cookies in your browser and for their data privacy protection compliant documentation. The provider of this technology is Borlabs – Benjamin A. Bornschein, Georg-Wilhelm-Str. 17, 21107 Hamburg, Germany (hereinafter referred to as Borlabs).

Whenever you visit our website, a Borlabs cookie will be stored in your browser, which archives any declarations or revocations of consent you have entered. These data are not shared with the provider of the Borlabs technology.

The recorded data shall remain archived until you ask us to eradicate them, delete the Borlabs cookie on your own or the purpose of storing the data no longer exists. This shall be without prejudice to any retention obligations mandated by law. To review the details of Borlabs’ data processing policies, please visit https://de.borlabs.io/kb/welche-daten-speichert-borlabs-cookie/

We use the Borlabs cookie consent technology to obtain the declarations of consent mandated by law for the use of cookies. The legal basis for the use of such cookies is Art. 6 Sect. 1 Sentence 1 lit. c GDPR.

Contact form

If you submit inquiries to us via our contact form, the information provided in the contact form as well as any contact information provided therein will be stored by us in order to handle your inquiry and in the event that we have further questions. We will not share this information without your consent.

The processing of these data is based on Art. 6 para. 1 lit. b GDPR, if your request is related to the execution of a contract or if it is necessary to carry out pre-contractual measures. In all other cases the processing is based on our legitimate interest in the effective processing of the requests addressed to us (Art. 6 Para. 1 lit. f GDPR) or on your agreement (Art. 6 Para. 1 lit. a GDPR) if this has been requested.

The information you have entered into the contact form shall remain with us until you ask us to eradicate the data, revoke your consent to the archiving of data or if the purpose for which the information is being archived no longer exists (e.g. after we have concluded our response to your inquiry). This shall be without prejudice to any mandatory legal provisions – in particular retention periods.

 

Server log files

The provider of this website and its pages automatically collects and stores information in so-called server log files, which your browser communicates to us automatically. The information comprises:

  • The type and version of browser used
  • The used operating system
  • Referrer URL
  • The hostname of the accessing computer
  • The time of the server inquiry
  • The IP address

This data is not merged with other data sources.

This data is recorded on the basis of Art. 6 Sect. 1 lit. f GDPR. The operator of the website has a legitimate interest in the technically error free depiction and the optimization of the operator’s website. In order to achieve this, server log files must be recorded.

 

5. Social media

Facebook plug-ins (Like & Share button)

We have integrated plug-ins of the social network Facebook, provided by Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA, on our website. You will be able to recognise Facebook plug-ins by the Facebook logo or the “Like” button on our website. An overview of the Facebook plug-ins is available under the following link: https://developers.facebook.com/docs/plugins/.

Whenever you visit our website and its pages, the plug-in will establish a direct connection between your browser and the Facebook server. As a result, Facebook will receive the information that you have visited our website with your plug-in. However, if you click the Facebook “Like” button while you are logged into your Facebook account, you can link the content of our website and its pages with your Facebook profile. As a result, Facebook will be able to allocate the visit to our website and its pages to your Facebook user account. We have to point out, that we as the provider of the website do not have any knowledge of the transferred data and its use by Facebook. For more detailed information, please consult the Data Privacy Declaration of Facebook at: https://www.facebook.com/privacy/explanation.

If you do not want Facebook to be able to allocate your visit to our website and its pages to your Facebook user account, please log out of your Facebook account while you are on our website.

The use of the Facebook plug-in is based on Art. 6 Sect. 1 lit. f GDPR. The operator of the website has a legitimate interest in being as visible as possible on social media.

Google+ plug-in

Our website and its pages use functions of Google+; the provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

Recording and sharing of information: With the assistance of the Google+ button, you can publish information worldwide. The Google+ button provides you and other users with custom tailored Google content as well as content of our partners. Google saves the information you have entered for content with +1 as well as information about the website/page you viewed when you clicked on +1. Your +1 entries may appear as information along with your profile name and your photo on Google services, such as in search results or in your Google profile or in other locations on websites and ads on the Internet.

Google records information about your +1 activities to improve Google’s services for you and others. To be able to use the Google+ button, you will need a public Google profile, which is visible around the world, which must contain at least the name you have chosen for your profile. This name is used in conjunction with all Google services. In some cases, this name may also replace another name you have used when sharing content via your Google account. The identity of your Google profile may be displayed to users who know your e-mail address or are in possession of other information related to you that identifies you.

Use of the recorded information: Besides the abovementioned purposes of use, the information you provide is also used in compliance with the applicable Google Data Privacy Policies. Google may potentially publish summary statistics about the +1 activities of its users or shares this information with users and partners, such as publishers, prospective customers or affiliated websites.

The use of the Google+ plug-in is based on Art. 6 Sect. 1 lit. f GDPR. The operator of the website has a legitimate interest in being as visible as possible on social media.

LinkedIn plug-in

Our website uses functions of the LinkedIn network. The provider is LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA.

Any time you access one of our sites that contains functions of LinkedIn, a connection to LinkedIn’s servers is established. LinkedIn is notified that you have visited our websites with your IP address. If you click on LinkedIn’s “Recommend” button and are logged into your LinkedIn account at the time, LinkedIn will be in a position to allocate your visit to our website to your user account. We have to point out that we as the provider of the websites do not have any knowledge of the content of the transferred data and its use by LinkedIn.

The use of the LinkedIn plug-in is based on Art. 6 Sect. 1 lit. f GDPR. The operator of the website has a legitimate interest in being as visible as possible on social media.

For further information on this subject, please consult LinkedIn’s Data Privacy Declaration at: https://www.linkedin.com/legal/privacy-policy.

XING plug-in

Our website uses functions of the XING network. The provider is the XING AG, Dammtorstraße 29-32, 20354 Hamburg, Germany.

Any time one of our sites/pages that contains functions of XING is accessed, a connection with XING’s servers is established. As far as we know, this does not result in the archiving of any personal data. In particular, the service does not store any IP addresses or analyse user patterns.

The use of the XING plug-in is based on Art. 6 Sect. 1 lit. f GDPR. The operator of the website has a legitimate interest in being as visible as possible on social media.

For more information on data protection and the XING share button please consult the Data Protection Declaration of Xing at: https://www.xing.com/app/share?op=data_protection.

6.Analysis tools and advertising

Google Analytics

This website uses functions of the web analysis service Google Analytics. The provider of this service is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

Google Analytics enables the website operator to analyze the behavior patterns of website visitors. To that end, the website operator receives a variety of user data, such as pages accessed, time spent on the page, the utilized operating system and the user’s origin. Google may consolidate these data in a profile that is allocated to the respective user or the user’s device.

Google Analytics uses technologies that make the recognition of the user for the purpose of analyzing the user behavior patterns (e.g. cookies or device fingerprinting). The website use information recorded by Google is, as a rule transferred to a Google server in the United States, where it is stored.

This analysis tool is used on the basis of Art. 6 Sect. 1 lit. f GDPR. The operator of this website has a legitimate interest in the analysis of user patterns to optimize both, the services offered online and the operator’s advertising activities. If a corresponding agreement has been requested (e.g. an agreement to the storage of cookies), the processing takes place exclusively on the basis of Art. 6 para. 1 lit. a GDPR; the agreement can be revoked at any time.

IP anonymization

On this website, we have activated the IP anonymization function. As a result, your IP address will be abbreviated by Google within the member states of the European Union or in other states that have ratified the Convention on the European Economic Area prior to its transmission to the United States. The full IP address will be transmitted to one of Google’s servers in the United States and abbreviated there only in exceptional cases. On behalf of the operator of this website, Google shall use this information to analyze your use of this website to generate reports on website activities and to render other services to the operator of this website that are related to the use of the website and the Internet. The IP address transmitted in conjunction with Google Analytics from your browser shall not be merged with other data in Google’s possession.

Browser plug-in

You can prevent the recording and processing of your data by Google by downloading and installing the browser plugin available under the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

For more information about the handling of user data by Google Analytics, please consult Google’s Data Privacy Declaration at: https://support.google.com/analytics/answer/6004245?hl=en.

Contract data processing

We have executed a contract data processing agreement with Google and are implementing the stringent provisions of the German data protection agencies to the fullest when using Google Analytics.

Demographic parameters provided by Google Analytics

This website uses the “demographic characteristics” function of Google Analytics, to be able to display to the website visitor compatible ads within the Google advertising network. This allows reports to be created that contain information about the age, gender and interests of the website visitors. The sources of this information are interest-related advertising by Google as well as visitor data obtained from third party providers. This data cannot be allocated to a specific individual. You have the option to deactivate this function at any time by making pertinent settings changes for advertising in your Google account or you can generally prohibit the recording of your data by Google Analytics as explained in section “Objection to the recording of data”.

Archiving period

Data on the user or incident level stored by Google linked to cookies, user IDs or advertising IDs (e.g. DoubleClick cookies, Android advertising ID) will be anonymized or deleted after 14 month. For details please click the following link: https://support.google.com/analytics/answer/7667196?hl=en

 

6. Plug-ins and Tools

Google Web Fonts (local embedding)

This website uses so-called Web Fonts provided by Google to ensure the uniform use of fonts on this site. These Google fonts are locally installed so that a connection to Google’s servers will not be established in conjunction with this application.

For more information on Google Web Fonts, please follow this link: https://developers.google.com/fonts/faq and consult Google’s Data Privacy Declaration under: https://policies.google.com/privacy?hl=en.

Deifel GmbH & Co. KG Buntfarbenfabrik

Schweinfurt, 13. March 2018

General terms

General terms and conditions of sale and supply

(Download)
§ 1 General – Scope
1. Our terms and conditions of sale are exclusively applicable; we do not recognise terms of the buyer inconsistent with or deviating from our terms and conditions of sale unless we have expressly accepted their validity in writing. Our terms and conditions of sale are also valid if we unconditionally execute the delivery to the buyer, knowing that the buyer’s terms are inconsistent with or deviate from our terms and conditions of sale.

2. All agreements concluded between us and the buyer in terms of execution of this contract are included in this contract, in writing.

3. Our terms and conditions of sale are only applicable to companies and body corporates under public law or a special fund under public law pursuant to § 310 para. 1 BGB [Civil Code].

4. Supplemental hereto, the ECE regulations of the International Chamber of Commerce in Paris, in their valid version, are applicable to cross-border transactions.

§ 2 Proposals – Conclusion of the contract
1. Proposals are always subject to confirmation.

2. The contract only enters into force after our order confirmation or execution of the order. The order must qualify as a proposal pursuant to § 145 BGB. We can accept these within two weeks.

§ 3 Prices – Terms of payment
1. Our prices are quoted in EURO unless otherwise agreed.

2. Unless specified otherwise in our order confirmation, our prices are “ex works”, excluding packaging, which is invoiced separately.

3. Our prices do not include statutory value added tax; this is shown separately on the invoice as legally applicable VAT on the day of invoicing.

4. Unless specified otherwise in the order confirmation, the purchase price is payable within 30 days from date of invoice, net and without deductions. The legal regulations governing the consequences of default on payment shall apply. Payment within 10 days from date of invoice shall qualify for a 2% discount. The date of delivery is deemed the date of invoicing.

5. We are not obligated to accept bills of exchange.

6. We reserve the right to adjust our prices in the event of cost reductions or increases after conclusion of the contract, especially as a result of tariff agreements or changes in the cost of materials. On request, we shall present proof to the buyer.

7. The buyer is only entitled to set-off if his counterclaims are confirmed by final judgement or undisputed or recognised by us. He is, furthermore, entitled to exercise right of retention insofar as his counterclaim is based on the same contractual relationship.

§ 4 Delivery
1. Delivery is at the risk of the buyer. On request of the buyer, we can insure the shipment with a cargo insurer; the buyer shall bear the arising cost.

2. Claims for transportation damage shall be asserted directly by the buyer against the carrier, within the specific time frame.

3. Transportation packaging and all other packaging in accordance with the packaging regulations is not taken back; pallets excluded. The buyer is obliged to dispose of packaging on own account.

§ 5 Disturbance of contract
1. Unavoidable interruption of operations, failure to meet delivery dates, loss of upstream suppliers, shortage of energy and raw material, traffic congestions, war and strikes, lockouts, official regulations and force majeure events release us from the obligation to deliver, for the duration of the disturbance and the extent of its effects.

2. Such events entitle us to withdraw from the contract, fully or in part, or to suitably extend the delivery time without the buyer being entitled to compensation.

§ 6 Liability for defects
1. The goods shall comply with the current state-of-the-art and the concluded quality agreements.

2. The rights of the buyer to remedy of defects presuppose that he has duly met his obligations to inspect and notify, pursuant to § 377 HGB [Commercial Code]. The buyer is obliged, in particular, to meet inspection and testing obligations under his own operating conditions.

3. Volume differences up to 10% are no ground for claims since these are inherent in the manufacturing process.

4. In the event of defective purchased goods, the buyer is entitled to optionally demand supplementary performance by repair or demand delivery of new goods without defect. In the event of repairs, we undertake to carry all costs, especially transport, road, working and material costs of remedying defects, provided these costs are not increased due to delivery of the purchased goods to a location other than the place of performance. In the event of repairs, we shall carry the cost up to the amount of the purchase price.

5. If supplementary performance fails, the buyer is entitled to optionally demand cancellation or a discount.

6. We, including our representatives and vicarious agents, are liable pursuant to legal regulations for the buyer’s claims for damages based on intent or gross negligence. Unless we are culpable of deliberate breach of contract, liability for damages shall be limited to the foreseeable, typically damage to be expected.

7. We are liable pursuant to legal regulations for culpable fundamental breach of contract; but liability for damages is in that case limited to the foreseeable and typically occurring damage.

8. Insofar as the buyer has a right to claim for replacement of damage instead of the service, our liability shall again, within the framework of Paragraph 4, be limited to compensation for the foreseeable and typically to be expected damage.

9. Liability following culpable injury to life, limb and health shall remain unaffected. This is also applicable to mandatory liability under the Product Liability Act.

10. Liability is excluded unless arranged otherwise above.

11. Claims for defects are subject to a 12-month statute of limitation, effective as from passing of risk.

§ 7 Joint and several liability
1. Liability for compensation exceeding that provided for in § 6 shall be excluded – regardless of the legal basis of the asserted claim. This is applicable, in particular, to claims for culpable damages arising from conclusion of the contract and for other breaches of duty, or to tort claims for compensation of material damages pursuant to § 823 BGB.

2. Insofar as the liability towards us for damages is excluded or limited, such liability shall likewise be excluded or limited towards our staff, employees, co-workers, representatives and vicarious agents.

§ 8 Securing of reservation of proprietary rights
1. We reserve proprietary rights to the purchased goods until all payments under the supply contract have been made. We are entitled to recover the purchased goods should the buyer be in breach of contract, especially by defaulting on payment. Recovery of the purchased goods does not imply our withdrawal from the contract, unless expressly stated by us, in writing. Attachment of the purchased goods by us always constitutes withdrawal from the contract. We are entitled to utilise the purchased goods after recovery; the proceeds of sale shall be credited against the buyer’s payables – minus reasonable cost of utilisation.

2. The buyer is obligated to handle the purchased goods with care; he is obligated in particular to adequately insure such goods against damage by fire, water and theft, at replacement value and at his expense.

3. In the case of attachment or other actions by third parties, the buyer shall immediately notify us in writing, to enable us to take action pursuant to § 771 ZPO [Code of Civil Procedure]. Insofar as the third party is not in a position to reimburse us for the costs of legal action pursuant to § 771 ZPO in or out of court, the buyer shall be liable for our accrued cost.

4. The buyer is entitled to re-sell the purchased goods in the regular course of business. He shall, however, cede to us in advance all receivables due to him from his clients or third parties after resale, to the amount of the grand total of our invoice (including VAT) for our receivables – irrespective whether the purchased goods were sold separately from or under the agreement. The buyer shall remain authorised to collect this receivable also after the cession. Our authority to collect this receivable ourselves shall remain unaffected thereby. We undertake, however, not to collect the receivable, provided the buyer timeously meets his payment obligations from the proceeds accruing to him and, in particular, has not filed for insolvency proceedings or bankruptcy. In the event of the above, however, we may demand that the buyer inform us of the ceded receivables and the debtors, provide us with all the information required for collection, submit the relevant documentation and notify the debtors (third parties) of the cessation.

5. The processing or alteration of the purchased goods by the buyer shall always be on our behalf. Should the purchased goods be processed together with other objects which are not ours, we shall have co-ownership of the new object in the ratio of the value of the purchased goods (grand total of invoice, including VAT) to the other processed objects at the time of processing. The conditions applicable to the conditionally supplied purchased object shall also be applicable to the object created through processing.

6. Should the purchased goods be inseparably mixed with other objects which are not ours, we shall have co-ownership of the new object in the ratio of the value of the purchased goods (grand total of invoice, including VAT) to the other mixed objects at the time of mixing. If mixing is in a manner which renders the buyer’s object the principal object, it shall be agreed that the buyer grants us pro rata co-ownership. The buyer shall keep the thus created sole owned or co-owned object safe on our behalf.

7. We undertake to release the securities ceded to us on request of the buyer if the realisable value of our securities exceeds the receivables to be secured by more than 10%; we shall have the right to choose the securities to be released.

§ 9 Place of jurisdiction and performance
1. Our business location shall be the place of jurisdiction if the buyer is a businessman; we shall, however, have the right to sue the buyer in the court where he is domiciled.

2. The laws of the Federal Republic of Germany shall be applicable; the UN Convention on Contracts for the International Sale of Goods is excluded.

3. Supplemental hereto, the ECE regulations of the International Chamber of Commerce in Paris, in their valid version, are applicable to cross-border transactions.

4. Our business location shall be the place of performance unless specified otherwise in the order confirmation.