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General terms and conditions

of eurofrank GmbH, Hinterm Bruemmer 2, 49740 Haseluenne, Germany, UID: DE289919206,
Phone: +49 (0) 5961 / 2004427, Fax: +49 (0) 5961 / 2004428, Email: info@eurofrank.eu,
Commercial register: HRB 207279, Local Court Osnabrueck, Director: Jan Kamlowski

1. General

1.1. The following terms and conditions (“terms“) apply to all deliveries and services of eurofrank GmbH (“eurofrank“) to business customers (“customers“) and to all offers and acceptances. Additions or different agreements are only valid if eurofrank expressly confirmed in writing.
1.2. Business customers are entrepreneurs in the sense of § 14 of German Civil Code (BGB) which exert a legal transaction in the exercise of their commercial or self-employed professional activity, as well as corporate body under public law.
1.3. Different terms of the customer are not part of the contract also without explicit opposition even in the case of delivery by eurofrank.

2. Offer, Conclusion of contract

2.1. All eurofrank offers are non-binding and merely an invitation to make an offer by the customer. With completion of the order process the customer submits the binding declaration to acquire the ordered goods.
2.2. The contract is only valid after a written order confirmation by eurofrank or by delivery of the ordered goods by eurofrank regardless of how the order was given (online-, fax-, mail-, phone-order etc.).

3. Information about online shop orders

If the customer has found the intended product in the online shop, he can put it in the “shopping cart” without any obligation. The content of the “shopping cart“ can be viewed at any time via the corresponding link, edited or deleted.
If the customer wishes to purchase the goods in the “shopping cart“, he can click on the button “checkout“. In the next step he enters his data. After data entry and selection of the intended shipping and payment method a summary displays with all entered data and goods. By clicking the button “Buy“ the order process is completed. The order process can be cancelled at any time by closing the browser window. More information is displayed at the single order steps.
After order completing the customer receives an automated email confirming the receipt of the order at eurofrank and lists the order details. This automated confirmation does not constitute acceptance of the customers offer but merely informed that the order is received. The purchase contract is concluded only through the delivery of the ordered goods or an explicit confirmation.
The contract text is stored on the internal eurofrank systems. Order details and the terms are sent to the customer after executing an order via email.

4. Prices, terms of payment

4.1. The prices of the respective eurofrank offer are valid.
4.2. All prices are net prices plus VAT. The valid VAT is shown separately on the invoice.
4.3. The possible payment methods are listed on the information page “shipping / payment“ in the eurofrank online shop as well as selectable during the ordering process .
4.4. eurofrank expressly reserves in certain cases the right to offer only a part of the payment methods to customers without giving any reasons.
4.5. The customer is only entitled to setoff if his counter-claims are undisputed or recognised by eurofrank. A setoff is only possible if the counter-claims are based on the same contractual relationship.

5. Delivery time, shipping costs, part delivery, delay in delivery

5.1. Goods are shipped within 3 working days from order receipt, if not otherwise specified in the offer. The beginning of the delivery time requires the clarification of all technical questions.
5.2. Delivery is possible to all listed countries for each specified shipping costs on the “shipping / payment“ information page in the eurofrank online shop.
5.3. Compliance with commitments of eurofrank presupposes the timely and proper fulfilment of the obligations of the customer (e.g. timely payment of a prepayment etc.). eurofrank reserves the right to plea of unperformed contract.
5.4. Part deliveries are permitted in a reasonable extent for the customer.
5.5. Delivery delays caused by legal or official orders (e.g. import and export restrictions) or due to force majeure (e.g. strike, war) and not by eurofrank represented are to extend the delivery time according to the duration of such obstacles. In important cases eurofrank immediately informs the customer of the beginning and end.
5.6. Shipping and delivery of the goods are made from eurofrank GmbH in 49740 Haseluenne, Germany always at the customer’s account and risk. The risk passes to the customer – even if free delivery has been agreed or shipping operations – as soon as the shipment has been handed to the service provider or left the eurofrank warehouse.

6. Warranty, liability

6.1. Claims of the customer only exist if the customer is duly fulfilled his duties of examination according to § 377 German Commercial Code (HGB).
6.2. When legitimate complaints eurofrank commits to supplementary performance, under exclusion of the customer’s right to withdraw from the contract or to reduce the purchase price (abatement), unless eurofrank is entitled to refuse supplementary performance due to the legal regulations. The customer has to grant eurofrank a reasonable period for supplementary performance. Supplementary performance can be of customer’s choice by rectification of the defect (amendment) or delivery of new goods. In case of removal of defects eurofrank covers the necessary expenses, if not increase it because the subject of the contract is located at another place than the place of fulfilment. Failed supplementary performance, the customer can choose whether he wants a reduction of the purchase price (abatement) or the rescission of the contract. The supplementary performance failed with a second vain attempt, unless there are further attempts because the subject matter is appropriate and reasonable for the customer. Claims for damages to the following conditions due to lack the customer can claim only if the supplementary performance is unsuccessful. The customer’s right to claim further damages to the following conditions will remain unaffected.
6.3. The warranty claims of the customer become time-barred after one year after delivery of the goods to the customer, except for eurofrank fraudulently conceals the lack; in this case the statutory provisions shall apply. The obligations of eurofrank from section VI point 4 and section VI point 5 shall remain unaffected.
6.4. eurofrank shall be liable regardless of the preceding and subsequent limitations of liability under the statutory provisions for damage to life, body and health which is on a negligent or deliberate breach of duty by eurofrank, its legal representatives or vicarious agents rely, as well as for any damage covered by the product liability law. For damages which are not covered by sentence 1 and on intentional or grossly negligent breach of contract and bad faith by eurofrank, its legal representatives or vicarious agents, eurofrank is liable according to the statutory provisions. In this case the liability for damages is limited to the foreseeable, typically occurring damage as far as eurofrank, its legal representatives or vicarious agents not intentionally acted.
If eurofrank issued a quality and/or durability guarantee for the good or parts, eurofrank is also liable under this warranty. eurofrank is liable for damages which are based on the absence of the guaranteed quality or durability, but not immediately occur to the goods, only if the risk of such damage is clearly covered by the quality and durability guarantee.
6.5. eurofrank shall be liable for damage caused by simple negligent violation of such obligations by eurofrank, the fulfilment of which makes the proper execution of the contract and compliance the customer regularly trusts and may rely. eurofrank is only liable insofar as the damage is typically connected with the contract and predictable.
6.6. A further liability is excluded regardless of the legal nature of the asserted claim, this applies in particular to tortious claims or claims for futile expenditure instead of performance; the liability in accordance with section VI point 2 to section VI point 5 of this agreement is unaffected. As far as liability is excluded or limited, this applies also to the personal liability of eurofrank employees, workers, staff, representatives and vicarious.
6.7. Claims for damages of the customer due to a defect expire one year after delivery of the goods. If eurofrank, its legal representatives or vicarious agents have debt injury of life, body or health or if eurofrank, its legal representatives whether act deliberately or recklessly or if the simple vicarious agents have acted intentionally, apply the statutory limitation periods to the claims for damages of the customer.

7. Reservation of proprietary rights

Until fulfilment of all claims including all balance claims from current account eurofrank has now or in future against the customer, the delivered goods (reserved goods) remain the property of eurofrank. In the case of contrary to contract behaviour of the customer, e.g. delay of payment, eurofrank is allowed to take back the reserved goods after previous given of a reasonable time limit. When eurofrank takes back the goods this represents a withdrawal from the contract. If eurofrank repossesses the reserved goods, this is a withdrawal from the contract. eurofrank is entitled to use the reserved goods after the withdrawal. After deducting an appropriate amount for the exploitation costs, the exploitation revenue will be charged against the customer’s owed amounts.

8. Final clause

8.1. Place of fulfilment for the reciprocal obligations according to the contractual relationship is the business location of eurofrank GmbH in 49740 Haseluenne, Germany.
8.2. Exclusively German law under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall apply. Exclusive jurisdiction is 49740 Haseluenne in Germany.
8.3. If individual provisions of the contractual agreements – including this terms and conditions – should prove to be ineffective, this does not affect the effectiveness of the remaining provisions.
8.4. The contract language is English.
8.5. The terms and conditions can be obtained and saved at any time under http://www.eurofrank.eu/terms.

Last update: 04/2018

 

 

Privacy policy

Your personal privacy is very important to us, therefore we treat your personal data always confidentially and in accordance with data protection legislation and this privacy policy.

You can visit our website generally without having to provide personal data. If we ask for personal data (e.g. your name, your address, your email address) this is done on a voluntary basis as far as possible. We only collect, use and relay personal data if permitted by law or you have explicitly consented to the collection of data.

If you voluntarily transfer us personal data, e.g. in the context of an order or when opening a customer account, we will treat this personal data in accordance with the data protection regulations. As far as the data protection regulations allow the collection, processing or use of personal data without separate formal agreement, as example for the fulfilment and completion of an order, we always complay the legal requirements and limitations.

Your data is carried out to the logistics company Deutsche Post/DHL which is responsible for the delivery insofar as this is necessary for the delivery of the goods and for information of the tracking number or tracking status. For the processing of payments we will disclose your payment data to the credit institution Sparkasse Emsland.

We should like to point out that vulnerabilities are possible when transmitting data over the internet (e.g. e-mail communication). Despite appropriate security measures, a complete protection of data against access of this parties is not possible.

Server-Log-Files

The webserver provider of the pages automatically collects and stores information on each access in so-called server log files. These are automatically sent by your internet browser to us: date and time of the internet page call, host name of the access device, previously visited website (referrer url), access device's operating system, browser type and version.

The transferred data cannot be associated with certain people. We reserve the right to belatedly check the server-logfiles, if there is a specific, legitimate suspicion of unlawful use.

Contacting

If you send us a request via our contact form, we save your details from the contact form and your contact data for the processing of your request, as well as any follow-up questions. There is no communication of this data without your consent.

Cookies

Cookies are small text files, which allows you to save specific information related to the access device on your access device (computer, smartphone, tablet etc.). Cookies make the internet page user friendly and enable certain features, such as for example the storage of login data or filling out a form. Also, they serve for capturing the statistics of internet usage for the purpose of analysis to improve the website.

Most of the cookies used by us are deleted at the end of the browser session from your hard disk (session cookies). Other cookies remain on your computer and allow us to recognize your computer when you next visit (persistent cookies). You can have an influence on the use of cookies. Most browsers have an option of storing cookies is restricted or prevented. However, the use of or the comfort of use of the website without cookies can be restricted.

Overview of the used cookies:

cookie use expiration date
MODsid eurofrank onlineshop: Cookie is used to authenticate the session. The MODsid is a value randomly generated by the server to associate user requests a session. end of the browser session
__utma Google Analytics: Cookie is used for the reidentification that identifies unique visitors. 2 years from creation/update
__utmb Google Analytics: Cookie stores the time of the first page impression. 30 minutes from creation/update
__utmccc Google Analytics: Cookie stores the time of leaving the page and in combination with __utmb the duration of the page use. end of the browser session
__utmt Google Analytics: Cookie restricts the request rate. 10 minutes from creation/update
__utmv Google Analytics: Cookie is used to control user-defined analyses. end of the browser session
__utmz Google Analytics: Cookie stores from which web site the user came, which search enginge used, which link clicked and what search terms were used. 6 month from creation/update
_ga Google Analytics: Cookie is used to distinguish from visitors to collect information about page views. 1 year from creation/update
__utm.gif Google Analytics: Cookie with pixel stores information about the user's browser and access device. end of the browser session
DSID, IDE, cto_lwid, 1P_JAR, AID, APISID, CONSENT, HSID, NID, SAPISID, SID, SIDCC, SSID, OTZ Google Adwords Conversion Tracking Doubleclick: Cookies store without personal identification after clicking on an advertisement the actions of the user, for example the cart value of an order with the purpose of advertising performance measurement. between 1 month and 20 years from creation/update
cookieconsent_dismissed Cookie note: Cookie is generated if the cookie notice banner is hidden from the visitor with a button click. 1 year from creation/update

Registration

Your data entered during the registration of the free customer account will be used for the purpose of using the offering. Registered user can be informed by email about offer- or registration-related information, such as changes of the offer or technical circumstances. The collected data are shown in the input mask of the registration. Data is company name, VAT no., street, house number, postal code, place, country, title, first name, last name, email address, phone and fax.

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States.

IP-Anonymization

We have activated the function "IP anonymization" on our website. Your IP address will be truncated within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases the whole IP address will be first transfered to a Google server in the USA and truncated there. Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing them other services relating to website activity and internet usage. The IP-address, that your browser conveys within the scope of Google Analytics, will not be associated with any other data held by Google.

Browser-Plugin

You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also opt-out from being tracked by Google Analytics with effect for the future by downloading and installing Google Analytics Opt-out Browser Addon for your current web browser: http://tools.google.com/dlpage/gaoptout?hl=en

Disagreement data collection

As an alternative to the browser addon or within browsers on mobile devices click on the following link to set an opt-out cookie, which prevents the acquisition by Google Analytics within this site in the future (this opt-out cookie works only in this browser and only for this domain, if you deleted your cookies in this browser, you must click this link again): Deactivate Google Analytics

For more information on the handling of user data for Google Analytics, you will find the Google Privacy Policy via the following link: https://support.google.com/analytics/answer/6004245?hl=en

Order-data processing

We have concluded a contract on the order data processing with Google and abide by the strict regulations of the data protection authorities in the use of Google Analytics.

Google Adwords Conversion Tracking

This website uses as Google Adwords customer Google Adwords Conversion Tracking, an analysis service of Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; „Google“). If you come to our internet site by clicking on a Google ad, a cookie („conversion cookie“) is set on your computer by Google Adwords. These cookies are valid for 30 days and are not personal identifiable. If you visit certain sites on our internet site and the cookie validity has not yet expired, we as well as Google can see that our ad was clicked and redirected to our internet site. Every Google Adwords customer gets a different cookie. Therefore the cookies are not traceable via the internet site of Google Adwords customers. The information obtained by the conversion cookie enables statistics on the conversions for Google Adwords customers who have opted in to conversion tracking. As a Google Adwords customer you know the number of users who clicked on an ad and thus were redirected to an internet site with included conversion tracking tag. No data are provided, which makes it impossible to personally identify users. If you do not want the tracking method you can reject the required setting of a cookie. The rejection is possible by browser setting, which generally disables the automatic setting of cookies. If you do not want to disable the general automatic setting of cookies, you only can disable the cookies for Google Conversion Tracking by set your browser to block cookies from the domain “googleadservices.com”.

Microsoft Bing Ads Conversion Tracking

This website uses as Microsoft Bing Ads customer Microsoft Bing Ads Conversion Tracking, an analysis service of Microsoft Corporation (One Microsoft Way, Redmond, WA 98052-6399, USA; "Microsoft"). If you come to our internet site by clicking on a Microsoft Bing ad, a cookie („conversion cookie“) is set on your computer by Microsoft Bing Ads. These cookies are valid for 30 days and are not personal identifiable. If you visit certain sites on our internet site and the cookie validity has not yet expired, we as well as Microsoft can see that our ad was clicked and redirected to our internet site. Every Microsoft Bing Ads customer gets a different cookie. Therefore the cookies are not traceable via the internet site of Microsoft Bing Ads customers. The information obtained by the conversion cookie enables statistics on the conversions for Microsoft Bing Ads customers who have opted in to conversion tracking. As a Microsoft Bing Ads customer you know the number of users who clicked on an ad and thus were redirected to an internet site with included conversion tracking tag. No data are provided, which makes it impossible to personally identify users. If you do not want the tracking method you can reject the required setting of a cookie. The rejection is possible by browser setting, which generally disables the automatic setting of cookies. Additional information about privacy as well as the cookies used by Microsoft Bing Ads is available on the following Microsoft internet site: https://privacy.microsoft.com/en-us/privacystatement

Data security

We secure personal data and orders using SSL encryption. The encryption is done by our own 256-bit SSL (Secure Socket Layer) security certificate. An encrypted connection is identified by the address "https://" and the lock icon in your browser line.

We secure our website and other systems through technical and organisational measures against loss, destruction, access, modification or distribution of your data by unauthorized persons. For access to your customer account a personal password is needed.

You should treat your access information always confidential and close the browser window when you have finished the communication with us, especially if you use the computer together with others.

Revocation, changes and updates

On request you always have the right to receive information about your stored personal data, its origin and receiver and the purpose of the data processing. You have the right to correction, blocking or deletion of your personal data.

Contact for data protection

If you have any questions about the collection, processing or use of your personal data, information, correction, blocking or deletion of data as well as giving consent revocation, please contact: Jan Kamlowski, eurofrank GmbH, Hinterm Brümmer 2, 49740 Haselünne, Deutschland, Email: datenschutz@eurofrank.eu

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