Imprint

Site operator

TECHNE SPHERE PROCUREMENT GmbH
Niemeyerstraße 2-5
04179 Leipzig
Germany

Tel.: +49 341 4953 0
E-Mail: procurement(at)technesphere.de

Managing Direction: Markus Radmacher, Samuel Kermelk

HRB 123531 B, Amtsgericht Charlottenburg
Tax number: 37/140/22947

EU dispute resolution

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr.
Our e-mail address can be found above in the site notice.

Dispute resolution proceedings in front of a consumer arbitration board

We are not willing or obliged to participate in dispute resolution proceedings in front of a consumer arbitration board.

Liability for Contents

As service providers, we are liable for own contents of these websites according to Paragraph 7, Sect. 1 German Telemedia Act (TMG). However, according to Paragraphs 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.

 

 

Data Protection

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 our 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 our 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.

Our IT systems automatically record other data when you visit our website. 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 our 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 analyse 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, blocked or eradicated. 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. You also have the right to log a complaint with the competent supervising agency.

Moreover, under certain circumstances, you have the right to demand the restriction of the proceßing of your personal data. For details, please consult the Data Protection Declaration under section "Right to Restriction of Data Proceßing."

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.

We are using the following host:

bringe Informationstechnik GmbH
Zur Seeplatte 12
76228 Karlsruhe

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:

TECHNE SPHERE PROCUREMENT GmbH
Managing directors: Markus Radmacher, Samuel Kermelk
Niemeyerstraße 2-5
04179 Leipzig
Germany

Phone: +49 341 4953 0
E-mail: procurement(at)technesphere.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.

4. Data protection officer

Statutory data protection officer

We have appointed a data protection officer for our company.

kelobit IT-Experts GmbH
Mr. Dr. Andreas Melzer
Geltestraße 9
06184 Kabelsketal
Germany

Telephone: 0345 132553-80
Email: dsb(at)kelobit.de

5. Recording of data on our website

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.

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.

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 your consent (Article 6 (1) a GDPR) and/or on our legitimate interests (Article 6 (1) (f) GDPR), since we have a legitimate interest in the effective proceßing of requests addreßed to us.

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.

 

GTC

General Terms of Purchase

Kirow Ardelt GmbH

§ 1 General - Scope

(1) These Terms shall apply exclusively, and conflicting conditions of suppliers or others differing from these Terms shall be accepted only in cases where we have expressly approved their validity in writing. Our Terms of Purchase shall also apply if we take delivery without reservation and are aware of a supplier's conditions conflicting with, or differing from, our Terms.

(2) Any arrangements made with suppliers to execute this Contract shall be written into this Contract.

(3) Our Terms of Purchase shall only apply to companies within the meaning of § 310 para. 1 BGB.

(4) These Terms shall also apply to future business with a supplier.
 

§ 2 Offers – Ordering documents

(1) The supplier shall, within two weeks, take our order by returning the signed duplicate of this order.

(2) Rights of ownership and copyrights are reserved in figures, illustrations, drawings, calculations and other documents which shall not be made accessible to third parties without our express permission in writing. They shall be used exclusively for manufacture in keeping with our order and returned to us unsolicited after its execution. These documents shall be kept secret from third parties. A complimentary provision applying in this case is § 9 para. (4).
 

§ 3 Prices – Terms of payment

(1) The price as per order shall be binding. In the absence of written agreements to the contrary, the price shall include store door delivery with packing, the return of which shall be agreed separately.

(2) Legal VAT shall not be included in the price.

(3) All invoices shall be made out in duplicate and may be processed only if they give the order no. as per our order. The supplier shall bear any consequences of non-compliance unless it is proven that he is not responsible.

(4) Unless otherwise agreed in writing, we shall pay the purchase price within 14 days from delivery and receipt of the invoice, less 3 % discount, within 30 days less 2 % discount, or within 90 days after receipt of the invoice.

(5) We shall be entitled to set-off rights and the retention of goods on a legal scale.
 

§ 4 Delivery time

(1) Delivery times given in the order shall be binding.

(2) Suppliers shall notify us in writing at once if circumstances occur or emerge which suggest that the agreed delivery time can not be complied with.

(3) If delivery is delayed we shall be entitled to a penalty of 0.5 % of the order value per full week, limited to 5 %. We shall be entitled to a penalty in addition to performance and undertake to advise the supplier of the proviso of a penalty no later than 10 workdays from receipt of the delayed shipment. Further claims and rights shall be reserved.

(4) We shall be entitled to postpone delivery dates for complete/part shipments by up to 4 weeks without any charge to us.


§ 5 Shipping – Transfer of risks - Documents

(1) Unless otherwise agreed in writing, store door delivery shall be to Leipzig, Niemeyerstraße 2-5.

(2) Truckloads may only be delivered between 6 a.m. and 2.30 p.m. from Monday to Friday. No outside vehicles may deliver goods at any other time. Previous permission shall be obtained for the delivery of larger consignments/weights by truck.

(3) Suppliers shall indicate our exact order nos. and references on all shipping documents and delivery notes, otherwise we shall not be responsible for any delays in processing.

(4) On the dispatch date, suppliers shall send us a detailed shipping note for each consignment giving gross/net weights, marks on packages/parcels, item designations, quantities/measures and order signs. Suppliers shall be liable for any damage/costs, and particularly standby charges, transfer and specific shunting costs, etc. which accrue to us due to non-compliance with our shipping regulations.


§ 6 Inspection of defects – Liability for defects

(1) We are obliged to inspect the goods within a reasonable period for possible defects in quality/quantity. Complaints will be deemed to have been made in time if they are received by the supplier within 5 workdays from the receipt of goods or, in case of hidden defects, from the date of detection.

(2) We shall be entitled to full legal claims arising from defects and may demand, at our discretion, the remedy of defects or the delivery of new goods by suppliers. We expressly reserve the right to damages, particularly in lieu of performance.

(3) If there is an imminent danger/urgency, we are entitled to remedy defects ourselves at the supplier's expense.

(4) The statutory period shall be 36 months from the transfer of risks.


§ 7 Product liability - Exemption - Third-party insurance

(1) Suppliers responsible for a product defect shall, at first request, indemnify us from related claims for damages from third parties if the cause resides in their territory or organizational area and they are liable under legal relationships with third parties.

(2) Within the scope of liability for losses acc. to para. (1), suppliers shall also be obliged to pay for possible expenses pursuant to §§ 683, 670 BGB and §§ 830, 840, 426 BGB which have accrued from/in connection with a recall campaign conducted by us. As far as possible and reasonable, we shall advise suppliers of the content and scope of such recalls and invite their comments, with no prejudice to other legal claims.

(3) Suppliers undertake to effect product liability insurance with a total policy value of €10 mn per personal injury/material loss – as a lump sum – for the term of this contract, i.e. until expiry of the statutory period for defects in each case. This shall be without prejudice to any other claims for damages we are entitled to.

§ 8 Protective rights

(1) Suppliers warrant that no third-party rights in Germany are violated by, and in connection with their deliveries.

(2) In the event of relevant third-party claims on us, suppliers shall be obliged to indemnify us from such claims following a first written request. We shall not be entitled to make any arrangements and, in particular, settlements with such third parties without the supplier's consent.

(3) The supplier's indemnity obligation applies to any expenditure we may necessarily incur from, or in connection with third-party claims.

(4) The statutory period for such claims shall be 10 years from contract conclusion.


§ 9 Reservation of ownership – Provision of parts - Tools -Secrecy

(1) We reserve ownership of parts provided to suppliers who process/reshape them on our behalf. If the reserved items are processed together with others not owned by us, we become coowners of the new items taken at their value (purchase price plus VAT) relative to that of the other items at the time of processing.

(2) If the item provided by us is inseparably blended with other items not owned by us, we become co-owners of the new items taken at their value (purchase price plus VAT) relative to that of the other items at the time of blending. If blending is such that the suppliers' items become main items, pro-rata co-ownership of these shall be deemed to be transferred to us by suppliers who retain sole/coownership on our behalf.

(3) We reserve ownership of tools which suppliers shall use exclusively to manufacture goods ordered by us. Suppliers shall, at their own expense, take out insurance for all our tools against fire, water and theft at replacement value and shall, at this time, assign to us any compensation claims therefrom which we hereby accept. Suppliers shall, at their own expense and in due time, maintain, inspect and repair our tools where necessary and notify us of any malfunctions at once. Failure to do so by negligence shall not detract from claims for damages.

(4) Suppliers shall keep strictly secret all our figures, illustrations, drawings, calculations and other documents and data, which may not be revealed to third parties except with our express consent. This obligation to maintain secrecy shall apply even after contract implementation and shall expire when, and to the extent that the manufacturing know-how embodied in these figures, illustrations, drawings, calculations and other documents has become generally known.

(5) If reservation rights in paras. (1) and/or (2) exceed the purchase price of all our unpaid reserved items by more than 10 %, we shall be obliged, at the supplier's request, to release these reservation rights at our own discretion.

§ 10 Legal venue – Place of performance

1. Where the supplier is a businessman, the place of litigation shall be our registered office. However, we may also bring an action against the supplier before his local court.

2. Unless otherwise specified in the order, the place of performance shall be our registered office.
 

Sep. 26, 2008/KIROW