Privacy 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.

2. Hosting and Content Delivery Networks (CDN)

External Hosting

This website is hosted by an external service provider (host). Personal data collected on this website are stored on the servers of the host. These may include, but are not limited to, IP addresses, contact requests, metadata and communications, contract information, contact information, names, web page access, and other data generated through a web site.

The host is used for the purpose of fulfilling the contract with our potential and existing customers (Art. 6 para. 1 lit. b GDPR) and in the interest of secure, fast and efficient provision of our online services by a professional provider (Art. 6 para. 1 lit. f GDPR).

Our host will only process your data to the extent necessary to fulfil its performance obligations and to follow our instructions with respect to such data.

Execution of a contract data processing agreement

In order to guarantee processing in compliance with data protection regulations, we have concluded an order processing contract with our host.

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:

Provita Supplements GmbH
An der Mühlenau 4
D-25421 Pinneberg

Phone: +49 (0) 4101 218 2000
E-mail: dv@provita-supplements.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.).

Designation of a data protection officer as mandated by law

We have appointed a data protection officer for our company.

Dr. Ekkehard Gefken
An der Mühlenau 4
D-25421 Pinneberg

Phone: +49 (0) 4101 218 2410
E-mail: dv@provita-supplements.de

Information on data transfer to the USA

Our website uses, in particular, tools from companies based in the USA. When these tools are active, your personal information may be transferred to the US servers of these companies. We must point out that the USA is not a safe third country within the meaning of EU data protection law. US companies are required to release personal data to security authorities without you as the data subject being able to take legal action against this. The possibility cannot therefore be excluded that US authorities (e.g. secret services) may process, evaluate and permanently store your data on US servers for monitoring purposes.We have no influence over these processing activities.

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. 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 program. You can recognize 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, 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 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.

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.

Consent with Usercentrics

“This website uses the consent technology of Usercentrics to obtain your consent to the storage of certain cookies on your device or for the use of specific technologies, and to document the former in a data protection compliant manner. The party offering this technology is Usercentrics GmbH, Sendlinger Straße 7, 80331 München, Germany, website: https://usercentrics.com/ (hereinafter referred to as “Usercentrics”).

Whenever you visit our website, the following personal data will be transferred to Usercentrics:

Your declaration(s) of consent or your revocation of your declaration(s) of consent

Your IP address

Information about your browser

Information about your device

The date and time you visited our website

Moreover, Usercentrics shall store a cookie in your browser to be able to allocate your declaration(s) of consent or any revocations of the former. The data that are recorded in this manner shall be stored until you ask us to eradicate them, delete the Usercentrics cookie or until the purpose for archiving the data no longer exists. This shall be without prejudice to any mandatory legal retention periods.

Usercentrics uses cookies to obtain the declarations of consent mandated by law. The legal basis for the use of specific technologies is Art. 6(1)(c) GDPR.”

Analysis tools and advertising

Facebook Pixel

To measure conversion rates, this website uses the visitor activity pixel of Facebook. The provider of this service is Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. According to Facebook’s statement the collected data will be transferred to the USA and other third-party countries too. This tool allows the tracking of page visitors after they have been linked to the website of the provider after clicking on a Facebook ad. This makes it possible to analyze the effectiveness of Facebook ads for statistical and market research purposes and to optimize future advertising campaigns. For us as the operators of this website, the collected data is anonymous. We are not in a position to arrive at any conclusions as to the identity of users. However, Facebook archives the information and processes it, so that it is possible to make a connection to the respective user profile and Facebook is in a position to use the data for its own promotional purposes in compliance with the Facebook Data Usage Policy. This enables Facebook to display ads on Facebook pages as well as in locations outside of Facebook. We as the operator of this website have no control over the use of such data. The use of Facebook Pixel is based on Art. 6(1)(f) GDPR. The operator of the website has a legitimate interest in effective advertising campaigns, which also include social media. If a corresponding agreement 11 / 14 has been requested (e.g., an agreement to the storage of cookies), the processing takes place exclusively on the basis of Art. 6(1)(a) GDPR; the agreement can be revoked at any time. Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here:https://www.facebook.com/legal/EU_data_transfer_addendum und https://de-de.facebook.com/help/566994660333381. Insofar as personal data is collected on our website with the help of the tool described here and forwarded to Facebook, we and Facebook Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland are jointly responsible for this data processing (Art. 26 DSGVO). The joint responsibility is limited exclusively to the collection of the data and its forwarding to Facebook. The processing by Facebook that takes place after the onward transfer is not part of the joint responsibility. The obligations incumbent on us jointly have been set out in a joint processing agreement. The wording of the agreement can be found under: https://www.facebook.com/legal/controller_addendum. According to this agreement, we are responsible for providing the privacy information when using the Facebook tool and for the privacy-secure implementation of the tool on our website. Facebook is responsible for the data security of Facebook products. You can assert data subject rights (e.g., requests for information) regarding data processed by Facebook directly with Facebook. If you assert the data subject rights with us, we are obliged to forward them to Facebook. In Facebook’s Data Privacy Policies, you will find additional information about the protection of your privacy at: https://www.facebook.com/about/privacy/. You also have the option to deactivate the remarketing function “Custom Audiences” in the ad settings section under https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen. To do this, you first have to log into Facebook. If you do not have a Facebook account, you can deactivate any user-based advertising by Facebook on the website of the European Interactive Digital Advertising Alliance: http://www.youronlinechoices.com/de/praferenzmanagement/

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.

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.

Request by e-mail, telephone or fax

If you contact us by e-mail, telephone or fax, your request, including all resulting personal data (name, request) will be stored and processed by us for the purpose of processing your request. We do not pass these data on without your consent.

These data are processed on the basis of Art. 6 Sect. 1 lit. b GDPR if your inquiry is related to the fulfillment of a contract or is required for the performance of pre-contractual measures. In all other cases, the data are processed on the basis of our legitimate interest in the effective handling of inquiries submitted to us (Art. 6 Sect. 1 lit. f GDPR) or on the basis of your consent (Art. 6 Sect. 1 lit. a GDPR) if it has been obtained.

The data sent by you to us via contact requests remain with us until you request us to delete, revoke your consent to the storage or the purpose for the data storage lapses (e.g. after completion of your request). Mandatory statutory provisions – in particular statutory retention periods – remain unaffected.

5. Social media

Facebook plug-ins (Like & Share button)

We have integrated plug-ins of the social network Facebook on this website. The provider of this service is Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. According to Facebook’s statement the collected data will be transferred to the USA and other third-party countries too.

You will be able to recognize Facebook plug-ins by the Facebook logo or the “Like” button on this website. An overview of the Facebook plug-ins is available under the following link: https://developers.facebook.com/docs/plugins/.

Whenever you visit this 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 this 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 this website and its pages with your Facebook profile. As a result, Facebook will be able to allocate the visit to this 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 this website and its pages to your Facebook user account, please log out of your Facebook account while you are on this 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. If a respective declaration of consent has been obtained, the data shall be processed exclusively on the basis of Art. 6 Sect. 1 lit. a GDPR. This declaration of consent may be revoked at any time.

Instagram plug-in

We have integrated functions of the public media platform Instagram into this website. These functions are being offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA 94025, USA.

If you are logged into your Instagram account, you may click the Instagram button to link contents from this website to your Instagram profile. This enables Instagram to allocate your visit to this website to your user account. We have to point out that we as the provider of the website and its pages do not have any knowledge of the content of the data transferred and its use by Instagram.

Data are stored and analyzed on the basis of Art. 6 Sect. 1 lit. f GDPR. The website operator has a legitimate interest in the highest possible visibility on social media. If a respective declaration of consent has been obtained, the data will be processed exclusively on the basis of Art. 6 Sect. 1 lit. a DGDPR. Any such consent may be revoked at any time.

For more information on this subject, please consult Instagram’s Data Privacy Declaration at: https://instagram.com/about/legal/privacy/.

LinkedIn plug-in

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

Any time you access a page of this website that contains functions of LinkedIn, a connection to LinkedIn’s servers is established. LinkedIn is notified that you have visited this website 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 this 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. If a respective declaration of consent has been obtained, the data shall be processed exclusively on the basis of Art. 6 Sect. 1 lit. a GDPR. This declaration of consent may be revoked at any time.

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

6. Analysis tools and advertising

etracker

This website uses the analysis service etracker. The provider of this service is the etracker GmbH, Erste Brunnenstraße 1, 20459 Hamburg, Germany.

It makes it possible to generate a user profile under a pseudonym based on the data. etracker uses technologies that make it possible to recognize the user (e.g. cookies or device fingerprinting). Data collected with the etracker technologies shall not be used in the absence of a separate declaration of consent given by the data subject to personally identify users of this website and shall not be merged with personal data about the holder of the pseudonym.

The use of this analysis tool is based on Art. 6 Sect. 1 lit. f GDPR. The website operator has a legitimate interest in the analysis of user patterns, in order to optimize the operator’s web offerings and advertising. 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.

Execution of a contract data processing agreement

We have entered into a contract data processing agreement with the provider of etracker and implement the strict provisions of the German data protection agencies when it comes to the use of etracker to their fullest extent.

7. Plug-ins and Tools

Vimeo Without Tracking (Do-Not-Track)

This website uses plugins of the Vimeo video portal. The provider is Vimeo Inc., 555 West 18th Street, New York, New York 10011, USA.

Whenever you visit one of our pages featuring Vimeo videos, a connection with the servers of Vimeo is established. In conjunction with this, the Vimeo server receives information about which of our sites you have visited. Vimeo also receives your IP address. However, we have set up Vimeo in such a way that Vimeo cannot track your user activities and does not place any cookies.

We use Vimeo to make our online presentation attractive for you. This is a legitimate interest on our part pursuant to Art. 6 Abs. 1 lit. et seq. GDPR.If a respective declaration of consent was requested (e.g. concerning the storage of cookies), processing shall occur exclusively on the basis of Art. 6 Sect. 1 lit. a GDPR; the given consent may be revoked at any time.

For more information on the handling of user data, please consult Vimeo’s data privacy policy at: https://vimeo.com/privacy

Google reCAPTCHA

We use “Google reCAPTCHA” (hereinafter referred to as “reCAPTCHA”) on this website. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

The purpose of reCAPTCHA is to determine whether data entered on this website (e.g. information entered into a contact form) is being provided by a human user or by an automated program. To determine this, reCAPTCHA analyzes the behavior of the website visitors based on a variety of parameters. This analysis is triggered automatically as soon as the website visitor enters the site. For this analysis, reCAPTCHA evaluates a variety of data (e.g. IP address, time the website visitor spent on the site or cursor movements initiated by the user). The data tracked during such analyses are forwarded to Google.

reCAPTCHA analyses run entirely in the background. Website visitors are not alerted that an analysis is underway.

Data are stored and analyzed on the basis of Art. 6 Sect. 1 lit. f GDPR. The website operator has a legitimate interest in the protection of the operator’s websites against abusive automated spying and against SPAM. If a respective declaration of consent has been obtained, the data will be processed exclusively on the basis of Art. 6 Sect. 1 lit. a DGDPR. Any such consent may be revoked at any time.

For more information about Google reCAPTCHA please refer to the Google Data Privacy Declaration and Terms Of Use under the following links: https://policies.google.com/privacy?hl=en and https://policies.google.com/terms?hl=en.

Provita Supplements GmbH General Terms and Conditions of Sale and Delivery
(Version as of March 2024)

1. General Terms and Conditions
1.1. Any and all legal relationships between Provita Supplements GmbH (“Supplier”) and its contractual partner (“Customer”) in connection with the Supplier’s deliveries and/or services are governed exclusively by these General Terms and Conditions of Sale and Delivery (“GTC”).
1.2. The GTC apply in particular to contracts for the sale and delivery of movable goods (“Goods”), whether or not such Goods are manufactured by the Supplier, and any other services provided by the Supplier. The GTC also apply to future contracts of the same nature, without the Supplier being required to refer to the GTC in each individual case.
1.3. These GTC apply exclusively. Any deviating, conflicting or supplementary general terms and conditions of the Customer will only become a part of the contract to the extent that the Supplier has expressly consented to their application in writing. This requirement for consent applies in all cases, even if, e.g., the Customer makes reference to its general terms and conditions in connection with an order and the Supplier does not expressly object thereto or performs its services unreservedly despite being aware of the deviating terms and conditions.
1.4. Any legally relevant declarations and notifications made by the Customer with regard to the contract must be made in writing (including text form, e.g., email). Statutory formal requirements remain unaffected.

2. Conclusion of Contract
2.1. The Supplier’s offers are subject to change and non-binding unless they are expressly indicated as binding.
2.2. Any order of Goods placed by the Customer (including individual orders under existing framework supply agreements) is deemed a binding offer of contract. Unless indicated otherwise in the order, the Supplier is entitled to accept such offer of contract within 14 days as of receipt.
2.3. No contract is concluded until the Supplier has confirmed the order by written order confirmation, unless agreed otherwise.
2.4. Any advisory services provided by the Supplier are provided exclusively as ancillary services in connection with the delivery of Goods.

3. Prices, Terms of Payment, Set-Off
3.1. Prices are EXW (Incoterms® 2020) plus handling, transport (including transport-related packaging and handling costs), any applicable statutory VAT, fees and other public duties.
3.2. Any discounts granted only apply if the quantities agreed between the Supplier and the Customer are actually purchased in full. If the quantity purchased falls short by more than 10%, the list prices for the quantities actually purchased apply. The resulting difference will be invoiced separately.
3.3. Invoices of the Supplier are payable without deduction and free of charge to the Supplier’s designated accounts within 30 days (receipt of payment) from the date of invoice.
3.4. The Customer may only set off claims that are undisputed or have been established by a legally binding court decision. In case of any defect in the Goods, the Customer’s counterclaims remain unaffected. The Customer may only exercise a right of retention to the extent that its counterclaim is based on the same contractual relationship.

4. Delivery, Performance, Default of Acceptance
4.1. Delivery is made CPT (Incoterms® 2020) ex works or ex warehouse to the agreed destination.
4.2. Partial deliveries are permitted if they are reasonable for the Customer.
4.3. Only the weight determined at the factory is authoritative.
4.4. The Customer may not refuse to accept deliveries due to insignificant defects.
4.5. The indicated delivery time is a non-binding approximation. It will only become binding as soon as a specific deadline or fixed date is expressly confirmed or agreed.
4.6. Adherence to deadlines is subject to the timely receipt of any and all documents to be supplied by the Customer and the Customer’s compliance with the agreed terms of payment and other obligations. In particular in relation to Advisory Services, the Customer shall provide the Supplier with any and all information and data required for such purpose. If these prerequisites are not fulfilled in time, the deadlines will be extended appropriately; this does not apply if the Supplier is responsible for the delay.
4.7. Should the Supplier be unable to observe binding deadlines for reasons for which it is not responsible (non-availability of performance), it will inform the Customer immediately by indicating the expected new deadline. If performance is neither available until the new deadline, the Supplier is entitled to withdraw from the contract in whole or in part; notification of the final non-availability and any necessary declarations will be provided without undue delay; any consideration already provided by the Customer shall be refunded without delay. Non-availability of performance in this regard is deemed in particular in case of the non-timely or improper delivery by the Supplier’s own supplier if the Supplier has concluded a congruent covering transaction and it is not at fault or if the Supplier has no obligation of procurement in the individual case.
4.8. In case deadlines are not observed as a result of
4.8.1. force majeure, e.g., pandemics, war, acts of terrorism, riots, strikes, lockouts or similar events;
4.8.2. virus attacks and other attacks by third parties on the Supplier’s IT system, provided that these have occurred despite the Supplier having taken precautions with due care;
4.8.3. obstacles arising from German, EU, U.S. or other applicable national or international regulations, in particular foreign trade law, or from other circumstances for which the Supplier is not responsible,
the deadlines are extended according to the duration of the respective obstacle. If such extension exceeds a period of six weeks, both parties are entitled to withdraw from the contract with regard to the affected scope of performance. In this case, the parties have no other mutual claims.
4.9. In case the Customer is in default of acceptance, fails to co-operate or if the delivery or service is delayed for other reasons for which the Customer is responsible (e.g., if dispatch or delivery is delayed at the Customer’s request), the Supplier is entitled to demand compensation for the resulting damage, including any additional expenses (e.g., storage costs). The Customer may be charged a lump-sum compensation in the amount of 0.5% of the net price of the Goods per calendar day, but not more than a total of 10% of the net price of the Goods, beginning with the deadline or, in the absence of a deadline, with the notification that the Goods are ready for shipment or that performance is available. The assertion of further or lower damages by the contractual parties remains unaffected. Any further legal claims of the Supplier remain unaffected, provided that the lump-sum compensation shall be set off against any further monetary claims.

5. Retention of Title
5.1. The Goods (Reserved Goods) remain the Supplier’s property until Customer’s performance. If the value of all security interests to which the Supplier is entitled exceeds the amount of all secured claims by more than 20%, the Supplier shall release a corresponding part of the security interests at the request of the Customer; the Supplier is entitled to choose which of the different security interests are to be released.
5.2. As long as title to the Goods is reserved, the Customer may not pledge or assign the Reserved Goods by way of security, and resale is permitted only by resellers in the ordinary course of their business and only provided that the reseller receives payment from its purchaser or makes the reservation that title does not pass to the purchaser until the purchaser has fulfilled its payment obligations.
5.3. If the Customer resells Reserved Goods, it hereby assigns to the Supplier by way of security its future claims from the resale against its purchasers together with all ancillary rights, including any balance claims, without any further specific declarations being required. If the Reserved Goods are resold together with other items without an individual price having been agreed for the Reserved Goods, the Customer shall assign to the Supplier such part of the total price claim which corresponds to the price of the Reserved Goods invoiced by the Supplier.
5.4. Extended Retention of Title
5.4.1. The Customer is permitted to process the Reserved Goods or to mix or combine them with other objects. The Reserved Goods are processed for the Supplier. The Customer shall keep the resulting new item for the Supplier with the care of a prudent businessman. The new item is deemed to be Reserved Goods.
5.4.2. In case of combination or mixing with other items not owned by the Supplier, the Supplier and the Customer agree that the Supplier is in any case entitled to co-ownership of the new item in the proportion of the value of the combined or mixed Reserved Goods to the value of the other Goods at the time of combination or mixing. To this extent, the new item is deemed to be Reserved Goods.
5.4.3. The provision on the assignment of claims in accordance with Sec. 5.3 above also applies to the new item. However, the assignment only applies up to the amount corresponding to the value of the processed, combined or mixed Reserved Goods invoiced by the Supplier.
5.4.4. If the Customer combines the Reserved Goods with other items, it shall also assign to the Supplier by way of security its claim to which it is entitled as remuneration for the combination, together with all ancillary rights, in the proportion of the value of the combined Reserved Goods to the other combined Goods at the time of the combination, without any further specific declarations being required.
5.5. The Customer is entitled to collect the assigned claims from the resale until this right is revoked. The Supplier is entitled to revoke the Customer’s right to collect in the event of good cause, in particular in case of default in payment, cessation of payment, opening of insolvency proceedings, protest of a bill of exchange or justified indications of over-indebtedness or imminent insolvency of the Customer. In addition, the Supplier may, after prior warning and observance of a reasonable period of time, disclose the security assignment, liquidate the assigned claims and demand the disclosure of the security assignment by the Customer to the purchaser.
5.6. The Customer shall notify the Supplier immediately in the event of any attachments, seizures or other dispositions or interventions by third parties. If the Supplier is able to demonstrate a legitimate interest, the Customer shall immediately provide the Supplier with the information required to assert its rights against the purchaser and hand over the necessary documents.
5.7. If the Customer is in breach of its obligations, in particular in the event of default in payment, the Supplier is entitled, in addition to taking back the Goods, to withdraw from the contract after a reasonable period of time set by the Supplier has expired without result; the statutory provisions on the dispensability of setting a deadline remain unaffected. The Customer shall be obligated to hand over the Goods. Taking back the Goods or asserting the retention of title or seizing the Reserved Goods by the Supplier does not constitute a withdrawal from the contract unless the Supplier has expressly declared such withdrawal.

6. Warranty, Liability, Limitation Period
6.1. Defects of Quality and Title
6.1.1. The Customer’s rights in the event of defects as to quality and title are subject to the statutory provisions, unless otherwise stipulated in these GTC.
6.1.2. With regard to the assertion of any defects, the Customer shall observe the specified minimum shelf life (period during which the Goods retain their declared properties under proper storage conditions). If the Goods are defective, the Supplier may, within a reasonable period of time, choose whether to provide subsequent performance by remedying the defect (rectification) or by delivering a non-defective item (replacement). The Supplier’s right to refuse subsequent performance under the statutory conditions remains unaffected.
6.1.3. The Supplier is entitled to make subsequent performance dependent on payment of the purchase price due. The Customer is, however, entitled to retain a reasonable part of the purchase price proportional to the defect.
6.1.4. The Customer shall give the Supplier the required time and opportunity for the subsequent performance owed and shall in particular hand over the rejected Goods free of freight charges for inspection. In case of a replacement of defective Goods, the Customer shall return the defective item in accordance with the statutory provisions.
6.1.5. The Supplier shall, upon request, reimburse the Customer for any expenses verifiably required and reasonable for the purpose of the subsequent performance, in particular any transportation, travel, labour, and material costs. Should such costs increase as a result of the Goods being located at a different place than agreed upon in the contract, the Supplier will not bear such increased costs.
6.1.6. If the subsequent performance fails, i.e., if it is impossible, unreasonable, refused or unreasonably delayed, the Customer may withdraw from the contract or abate the purchase price accordingly.
6.1.7. In case of any defects, the Customer is only entitled to claim damages or reimbursement of futile expenses in accordance with Sec. 6.4; otherwise, such claims are excluded.
6.2. Exclusion of Warranty and Recourse Claims
6.2.1. The Customer forfeits all warranty rights if it fails to comply with the statutory obligations for inspection and notification of defects. Obvious defects must be notified immediately and no later than three (3) working days after delivery of the Goods to the Customer or to the third party designated by the Customer. Hidden defects must be notified immediately after they have been discovered; however, if the defect was already obvious at an earlier point in time during normal use, such earlier point in time is decisive for the commencement of the period for notification of defects.
6.2.2. The Supplier is not liable for any public statements made by third parties (e.g., advertising statements).
6.2.3. Warranty is excluded in case of insignificant deviations from the agreed quality, insignificant impairment of usability, improper and incorrect use or storage, non-observance of the data sheets and the product application information, force majeure, extraordinary external influences which are not anticipated by the contract, or any other influences/events not attributable to the Supplier.
6.2.4. Furthermore, no warranty applies if and to the extent that the Customer modifies the product after delivery or has it modified by a third party and such modification makes it impossible or unreasonably difficult to remedy the defect. The Customer shall, however, in any case bear the additional costs of remedying any defects caused by the modification.
6.2.5. The Supplier does not warrant the design or suitability of the product ordered by the Customer for any particular purpose. The responsibility for the design and the risk of use rest solely with the Customer.
6.2.6. The Supplier is not obligated to check the information, data and details provided by the Customer for the ordered Goods for completeness or correctness. The same applies with regard to the suitability of the materials selected by the Customer for its application. The Supplier is neither obligated to inspect any materials provided by the Customer for possible defects.
6.2.7. Claims of the Customer for reimbursement of expenses pursuant to Section 445a(1) of the German Civil Code (BGB) are excluded to the extent that the Customer has concluded any agreements with its purchaser that go beyond the statutory mandatory claims for defects.
6.3. Industrial Property Rights
Unless agreed otherwise, the Supplier shall be obligated to provide the delivery free of third-party rights, in particular intellectual property rights such as copyrights, patent rights, utility model or design rights as well as other industrial property rights (“Property Rights”) only in the country of the place of delivery. If a third party asserts justified claims against the Customer based on the violation of Property Rights by deliveries made by the Supplier and used as agreed by contract, the Supplier is liable to the Customer as follows:
6.3.1. The Supplier shall, at its own discretion and expense, either obtain a right of use for the products concerned, modify them so that the Property Rights are not violated, or replace them. Where this is not possible under reasonable conditions, the Customer is entitled to the statutory rights of withdrawal or reduction.
6.3.2. The obligation to pay damages is governed by Sec. 6.4.
6.3.3. The obligations set forth above only apply to the extent that the Customer immediately notifies the Supplier in writing of the claims asserted by the third party, does not acknowledge a violation, and all defensive measures and settlement negotiations remain reserved. If the Customer ceases to use the delivery in order to mitigate damages or for other important reasons, the Customer shall be obligated to inform the third party that the cessation of use does not constitute an acknowledgement of a violation of Property Rights.
6.3.4. Claims of the Customer are excluded to the extent that the Customer is responsible for the violation of Property Rights. Claims of the Customer are also excluded to the extent that the violation of Property Rights is caused by specifications of the Customer, by an application not foreseeable by the Supplier or to the extent that the delivery is modified by the Customer or used together with products not supplied by the Supplier.
6.4. Liability/Damages
6.4.1. The Supplier is liable for damages or reimbursement of futile expenses in all cases of contractual and non-contractual liability based on intent and gross negligence in accordance with the statutory provisions.
6.4.2. In any other cases and subject to Sec. 6.4.4, the Supplier is only liable in the event of a breach of a material contractual obligation (Kardinalpflicht). A material contractual obligation is an obligation the fulfilment of which is required for the proper execution of the contract and on the observance of which the Customer may regularly rely on and has relied on. In this case, liability is, however, limited to compensation for the damage foreseeable at the time of conclusion of the contract and typical for this type of contract, i.e., damage that typically occurs.
6.4.3. Should the Supplier be in default of delivery, the Supplier’s liability for damages caused by the delay (damages in addition to performance) is limited to 5% of the net contract price of the Goods delivered late.
6.4.4. The liability limitations set forth above do not apply in case of culpable injury to life, body, or health, within the scope of a warranty assumed by the Supplier and in case of fraudulently concealed defects. Liability under the German Product Liability Act (Produkthaftungsgesetz) also remains unaffected.
6.4.5. To the extent that liability is excluded or limited, this also applies to the personal liability of the Supplier’s bodies, employees, representatives, and vicarious agents.
6.5. Limitation Period
6.5.1. Any and all claims of the Customer, irrespective of the legal grounds, become time-barred upon the expiration of twelve (12) months from the statutory commencement of the limitation period.
6.5.2. The above period only applies to the limitation of recourse claims within the supply chain pursuant to Section 445b (1) of the German Civil Code (BGB) if the last contract in the supply chain is not a sale of consumer goods. The suspension of the limitation period pursuant to Section 445b (2) of the German Civil Code (BGB) ends no later than five (5) years after the date on which the Supplier has delivered the Goods if the last contract in the supply chain is not a sale of consumer goods.
6.5.3. The period set forth above does not apply to the extent that pursuant to Section 438(1) No. 2 (buildings and things used for a building) and Section 634a(1) No. 2 (defects of a building) a longer period is prescribed by law, in case of intent or gross negligence, culpable injury to life, body or health, non-compliance with a warranty as to quality, fraudulently concealed defects, as well as in case of liability under the German Product Liability Act (Produkthaftungsgesetz).

7. Reservation of Performance
7.1. Performance of the contract is subject to the proviso that there are no obstacles under any German, EU, or U.S. or other applicable national or international regulations of foreign trade law as well as no embargoes or other sanctions.
7.2. The Customer shall be obligated to provide any and all information and documents required for export, transfer or import.

8. Claims by Third Parties, Indemnification
Should third parties assert any claims against the Supplier based on the use and/or sale of the Goods by the Customer due to the violation of Property Rights which are not attributable to the Supplier, the Customer shall be obligated to indemnify the Supplier against any and all claims, damage claims and other costs and expenses resulting therefrom and to support the Supplier in the defence against such claims to the best of its ability.

9. Confidentiality
Any business and technical information of the Supplier shall be kept secret from third parties as long as and to the extent that it is not demonstrably publicly known and has not been designated for resale by the Customer and may only be made available within the Customer’s own business operations to those persons who must necessarily be involved in its use and who are also bound to maintain secrecy. The information remains the exclusive property of the Supplier. The Customer shall in particular refrain from exploiting or imitating the above-mentioned information itself in any manner outside the scope of the contract (in particular by way of so-called “reverse engineering”) or having it exploited or imitated by third parties, and in particular from applying for industrial property rights to the information, in particular trademarks, designs, patents or utility models.

10. Miscellaneous
10.1. If the Customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the place of performance is the Supplier’s registered office and the place of jurisdiction for any and all disputes arising directly or indirectly from the contractual relationship is Hamburg, Germany; the Supplier is, however, also entitled to bring an action at the Customer’s registered office.
10.2. This contract including its interpretation is governed by German law excluding the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention/CISG).
10.3. The Supplier is not willing or obligated to participate in dispute resolution proceedings before a consumer arbitration board.