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Legal Notice,   GTAC   &   Privacy Policy


Legal Notice


einfach•gesund GmbH & Co. KG

Schmidhausen 2 • 83104 Tuntenhausen • Germany


Phone: +49  8067  2649882

E-Mail: info(at)einfachpunktgesund.de


Register court: Amtsgericht Traunstein

Register number: HRA 12758


Represented by the general partner

einfach • gesund Verwaltungs GmbH

Schmidhausen 2 • 83104 Tuntenhausen


Register court: Amtsgericht Traunstein

Register number: HRB 27219


Managing director: Steffen Wacker 



Disclaimer:

The content of this site was made with the highest care. However, we cannot accept any liability for the correctness, completeness and topicality of the content. Liability claims against the authors relating to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are fundamentally excluded, unless the authors can be shown to have acted with willful intent or gross negligence . All offers are non-binding. The authors expressly reserve the right to change, add to, or delete parts of the pages or the entire offer or to temporarily or permanently cease publication without prior notice.


Liability for Links:

Our offer contains links to external third party websites, over whose content we have no influence. Therefore, we cannot accept any liability for this third-party content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time they were linked. No illegal content was found at the time the link was created. A permanent control of the content of the linked pages is not reasonable without concrete evidence of an infringement. If we become aware of legal violations, we will remove such links immediately.


Copyright:

The operator of the site endeavors to always observe the copyrights of others or to use self-created and license-free works. The content and works on these pages created by the website operator are subject to German copyright law. Third party contributions are marked as such. The duplication, processing, distribution and any kind of exploitation outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of this website are only permitted for private, non-commercial use.


Legal Validity of this Disclaimer:

This disclaimer is to be regarded as part of the internet publication which you were referred from. If parts or individual formulations of this text do not, no longer or not completely correspond to the current legal situation, the remaining parts of the document remain unaffected in their content and validity.


Information According to § 36 VSBG

According to § 36 VSBG (Consumer Dispute Settlement Act - Law on Alternative Dispute Settlement in Consumer Matters), the operator of this website declares: We are neither willing nor obliged to participate in dispute settlement proceedings before a consumer arbitration board. 



General Terms and Conditions (GTAC)


§ 1 Scope, Form

(1) These General Conditions of Sale (AVB) apply to all of our business relationships with our customers (“buyers”). The General Terms and Conditions only apply if the buyer is an entrepreneur (§ 14 BGB), a legal entity under public law or a special fund under public law.

(2) The General Terms and Conditions apply in particular to contracts for the sale and / or delivery of movable objects ("goods"), regardless of whether we manufacture the goods ourselves or buy them from suppliers (§§ 433, 650 BGB). Unless otherwise agreed, the General Terms and Conditions apply in the version valid at the time of the buyer's order or at least in the version last communicated to him in text form as a framework agreement also for similar future contracts without us having to refer to them again in each individual case.

(3) Our AVB apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the buyer only become part of the contract if and to the extent that we have expressly agreed to their validity. This requirement of consent applies in any case, for example even if we carry out the delivery to the buyer without reservation with knowledge of the general terms and conditions of the buyer.

(4) Individual agreements made with the buyer on a case-by-case basis (including side agreements, additions and changes) always take precedence over these GTC. A written contract or our written confirmation is decisive for the content of such agreements, subject to proof to the contrary.

(5) Legally relevant declarations and notifications by the buyer in relation to the contract (e.g. setting of a deadline, notification of defects, withdrawal or price reduction) must be submitted in writing, i.e. in writing or text form (e.g. letter, email, fax). Statutory formal requirements and other evidence, especially in the event of doubts about the legitimacy of the declaring party, remain unaffected.

(6) References to the validity of legal regulations are only used for clarification purposes. The statutory provisions therefore apply even without such a clarification, unless they are directly amended or expressly excluded in these AVB.


§ 2 Conclusion of Contract 

(1) Our offers are subject to change and non-binding. This also applies if we have provided the buyer with catalogs, technical documentation (e.g. drawings, plans, calculations, calculations, references to DIN standards), other product descriptions or documents - also in electronic form - to which we have property rights and copyrights Reserved.

(2) The order of the goods by the buyer is considered a binding contract offer. Unless otherwise stated in the order, we are entitled to accept this contract offer within 7 days of receiving it.

(3) The acceptance can either be declared in writing (e.g. by order confirmation) or by delivery of the goods to the buyer.


§ 3 Delivery Period and Delay in Delivery

(1) The delivery period is agreed individually or specified by us when we accept the order.

(2) If we cannot meet binding delivery times for reasons for which we are not responsible (unavailability of the service), we will inform the buyer of this immediately and at the same time notify the expected new delivery time. If the service is also not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part; We will immediately reimburse any consideration already provided by the buyer. A case of non-availability of the service in this sense is in particular the late delivery by our supplier if we have concluded a congruent hedging transaction, neither we nor our supplier are at fault or we are not obliged to procure in individual cases.

(3) The rights of the buyer according to § 8 of these General Terms and Conditions and our statutory rights, in particular in the case of an exclusion of the obligation to perform (e.g. due to impossibility or unreasonableness of the service and / or subsequent performance), remain unaffected. 


§ 4 Delivery, Transfer of Risk, Acceptance, Default in Acceptance

(1) Delivery takes place ex warehouse, which is also the place of performance for the delivery and any subsequent performance. At the request and expense of the buyer, the goods will be sent to a different destination (sale by dispatch). Unless otherwise agreed, we are entitled to determine the type of shipment (in particular transport company, shipping route, packaging) ourselves.

(2) The risk of accidental loss and accidental deterioration of the goods is transferred to the buyer at the latest upon handover. In the case of sales by mail order, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay are transferred to the forwarding agent, the carrier or the person or institution otherwise assigned to carry out the shipment. If acceptance has been agreed, this is decisive for the transfer of risk. In addition, the statutory provisions of the law on contracts for work and services apply accordingly to an agreed acceptance. The handover or acceptance is the same if the buyer is in default of acceptance.

(3) If the buyer is in default of acceptance, if he fails to cooperate or if our delivery is delayed for other reasons for which the buyer is responsible, we are entitled to demand compensation for the resulting damage including additional expenses (e.g. storage costs). For this we charge a flat rate compensation in the amount of 0.50 euro cents per calendar day, beginning with the delivery deadline or - in the absence of a delivery deadline - with the notification that the goods are ready for dispatch. In the event of non-acceptance, the buyer has to pay lump-sum damages in the amount of 25% of the agreed purchase price.

The proof of a higher damage and our legal claims (in particular reimbursement of additional expenses, reasonable compensation, termination) remain unaffected; however, the flat rate is to be offset against further monetary claims. The buyer is allowed to prove that we suffered no damage at all or only significantly less damage than the above flat rate. 


§ 5 Prices and Terms of Payment

(1) Unless otherwise agreed in individual cases, our current prices at the time of the conclusion of the contract apply, ex warehouse, plus statutory sales tax.

(2) In the case of sales by mail order (§ 4 Paragraph 1), the buyer bears the transport costs ex warehouse and the costs of any transport insurance requested by the buyer. If we do not invoice the transport costs actually incurred in individual cases, a flat-rate transport cost (excluding transport insurance) of EUR 25 is agreed. Any customs duties, fees, taxes and other public charges are borne by the buyer.

(2) The purchase price is due and payable within 14 days of invoicing and delivery or acceptance of the goods. However, even in the context of an ongoing business relationship, we are entitled at any time to carry out a delivery in whole or in part only against prepayment. We declare a corresponding reservation at the latest with the order confirmation.

(3) When the above payment period has expired, the buyer is in default. Interest is charged on the purchase price during the delay at the applicable statutory default interest rate. We reserve the right to claim further damage caused by default. Our claim to commercial maturity interest (§ 353 HGB) remains unaffected with regard to business people.

(4) The buyer is only entitled to set-off or retention rights insofar as his claim has been legally established or is undisputed. In the event of defects in the delivery, the buyer's counter-rights, in particular in accordance with Section 7 (6) sentence 2 of these General Terms and Conditions, remain unaffected.

(5) If, after the conclusion of the contract, it becomes apparent (e.g. through an application to open insolvency proceedings) that our claim to the purchase price is jeopardized by the buyer's inability to perform, we are entitled to withdraw from the contract in accordance with the statutory provisions to refuse performance and - if necessary after setting a deadline entitled to the contract (§ 321 BGB). In the case of contracts for the production of non-representable items (custom-made items), we can declare our withdrawal immediately; the statutory regulations on the dispensability of setting a deadline remain unaffected. 


§ 6 Retention of Title

(1) We reserve title to the sold goods until all of our current and future claims from the purchase contract and an ongoing business relationship (secured claims) have been paid in full.

(2) The goods subject to retention of title may not be pledged to third parties or assigned as security before the secured claims have been paid in full. The buyer must notify us immediately in writing if an application is made to open insolvency proceedings or if third parties have accessed the goods belonging to us (e.g. seizures).

(3) If the buyer acts in breach of contract, in particular if the purchase price is not paid, we are entitled to withdraw from the contract in accordance with the statutory provisions and / or to demand the return of the goods on the basis of retention of title. The request for surrender does not also include the declaration of withdrawal; we are rather entitled to only demand the goods and to reserve the right to withdraw. If the buyer does not pay the due purchase price, we may only assert these rights if we have previously unsuccessfully set the buyer a reasonable deadline for payment or if such a deadline is dispensable according to the statutory provisions.

(4) The buyer is authorized to resell and / or process the goods subject to retention of title in the ordinary course of business until revoked in accordance with (c) below. In this case, the following provisions also apply.

(a) The retention of title extends to the full value of the products resulting from processing, mixing or combining our goods, whereby we are deemed to be the manufacturer. If the ownership rights of third parties remain in the event of processing, mixing or combining with goods of third parties, we shall acquire co-ownership in the ratio of the invoice values of the processed, mixed or combined goods. In addition, the same applies to the resulting product as to the goods delivered under retention of title.

(b) The purchaser hereby assigns to us as security the claims against third parties arising from the resale of the goods or the product in the amount of our possible co-ownership share in accordance with the preceding paragraph. We accept the assignment. The obligations of the buyer named in paragraph 2 also apply with regard to the assigned claims.

(c) In addition to us, the buyer remains authorized to collect the claim. We undertake not to collect the claim as long as the buyer fulfills his payment obligations towards us, there is no defect in his performance and we do not assert the retention of title by exercising a right according to paragraph 3. If this is the case, however, we can demand that the buyer notify us of the assigned claims and their debtors, provide all information required for collection, hand over the associated documents and notify the debtors (third parties) of the assignment. In this case, we are also entitled to revoke the buyer's authorization to resell and process the goods subject to retention of title.

(d) If the realizable value of the securities exceeds our claims by more than 10%, we will release securities of our choice at the request of the buyer. 


§ 7 Buyer's Claims for Defects

(1) The statutory provisions apply to the buyer's rights in the event of material defects and defects of title (including incorrect and short deliveries as well as improper assembly or inadequate assembly instructions), unless otherwise specified below. In all cases, the special statutory provisions remain unaffected for the final delivery of the unprocessed goods to a consumer, even if he has further processed them (supplier recourse according to §§ 478 BGB). Claims from supplier recourse are excluded if the defective goods have been further processed by the buyer or another entrepreneur, e.g. through installation in another product.

(2) The basis of our liability for defects is primarily the agreement made on the quality of the goods. All product descriptions and manufacturer information that are the subject of the individual contract or that were made public by us (in particular in catalogs or on our website) at the time the contract was concluded shall apply as an agreement on the quality of the goods.

(3) Insofar as the quality has not been agreed, the statutory regulation must be used to assess whether or not there is a defect (Section 434 (1) sentences 2 and 3 BGB). However, we do not accept any liability for public statements by the manufacturer or other third parties (e.g. advertising statements) that the buyer has not pointed out to us as being decisive for him.

(4) The purchaser's claims for defects require that he has complied with his statutory inspection and notification obligations (§§ 377, 381 HGB). In the case of building materials and other goods intended for installation or other processing, an examination must always be carried out immediately before processing. If a defect becomes apparent during the delivery, the inspection or at any later point in time, we must be notified of this immediately in writing. In any case, obvious defects are to be reported in writing within 3 working days from delivery and defects not recognizable during the inspection within the same period from discovery. If the buyer fails to properly examine and / or report defects, our liability for defects that are not reported or not reported in good time or not properly is excluded in accordance with the statutory provisions.

(5) If the delivered item is defective, we can first choose whether we should provide supplementary performance by eliminating the defect (subsequent improvement) or by delivering a defect-free item (replacement delivery). Our right to refuse supplementary performance under the legal requirements remains unaffected.

(6) We are entitled to make the subsequent performance owed dependent on the buyer paying the purchase price due. However, the buyer is entitled to withhold part of the purchase price that is reasonable in relation to the defect.

(7) The buyer has to give us the time and opportunity necessary for the subsequent performance owed, in particular to hand over the rejected goods for inspection purposes. In the case of a replacement delivery, the buyer must return the defective item to us in accordance with the statutory provisions. The supplementary performance includes neither the removal of the defective item nor the re-installation if we were not originally obliged to install it.

(8) We shall bear or reimburse the expenses required for the purpose of testing and subsequent performance, in particular transport, travel, labor and material costs and, if applicable, removal and installation costs in accordance with the statutory provisions if there is actually a defect. Otherwise we can demand reimbursement of the costs incurred from the unjustified request for the removal of defects (in particular testing and transport costs) from the buyer, unless the lack of defect was not recognizable to the buyer.

(9) In urgent cases, e.g. if operational safety is at risk or to prevent disproportionate damage, the buyer has the right to remedy the defect himself and to demand reimbursement of the objectively necessary expenses from us. We are to be notified immediately of any such self-improvement, if possible in advance. The right to carry out the work does not exist if we were entitled to refuse a corresponding subsequent performance in accordance with the statutory provisions.

(10) If the supplementary performance has failed or a reasonable deadline to be set by the buyer for the supplementary performance has expired without success or is dispensable according to the statutory provisions, the buyer can withdraw from the purchase contract or reduce the purchase price. In a minor defect, however, there is no right of withdrawal.

(11) Claims of the buyer for damages or reimbursement of wasted expenses only exist in the case of defects in accordance with § 8 and are otherwise excluded. 


§ 8 Other Liability

(1) Unless otherwise stated in these General Terms and Conditions including the following provisions, we are liable in the event of a breach of contractual and non-contractual obligations in accordance with the statutory provisions.

(2) We are liable for damages - irrespective of the legal reason - within the framework of fault liability in the event of willful intent and gross negligence. In the event of simple negligence, we are only liable, subject to statutory liability restrictions (e.g. due diligence in our own affairs; insignificant breach of duty)

a) for damage resulting from injury to life, limb or health,

b) for damages resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the contractual partner regularly relies and may trust) in this case, however, our liability is limited to the replacement of the foreseeable, typically occurring damage.

(3) The limitations of liability resulting from Paragraph 2 also apply in the event of breaches of duty by or in favor of persons whose fault we are responsible for in accordance with statutory provisions. They do not apply if we have fraudulently concealed a defect or have given a guarantee for the quality of the goods and for claims of the buyer under the Product Liability Act.

(4) Due to a breach of duty that does not consist of a defect, the buyer can only withdraw or terminate if we are responsible for the breach of duty. A free right of termination of the buyer is excluded. In addition, the legal requirements and legal consequences apply. 


§ 9 Limitation

(1) Notwithstanding § 438 Paragraph 1 No. 3 BGB, the general limitation period for claims arising from material and legal defects is one year from delivery.

(2) The above limitation periods of the sales law also apply to contractual and non-contractual claims for damages by the buyer that are based on a defect in the goods, unless the application of the regular statutory limitation period (§§ 195, 199 BGB) would result in a shorter limitation period in individual cases to lead. Claims for damages by the buyer in accordance with Section 8, Paragraph 2, Clause 1 and Clause 2 (a) as well as under the Product Liability Act, however, only become statute-barred after the statutory limitation periods.


§ 10 Choice of Law and Place of Jurisdiction

(1) For these General Terms and Conditions and the contractual relationship between us and the buyer, the law of the Federal Republic of Germany applies to the exclusion of uniform international law, in particular the UN sales law.

(2) If the buyer is a merchant within the meaning of the Commercial Code, a legal person under public law or a special fund under public law, the exclusive - also international place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is our place of business in Rosenheim. The same applies if the buyer is an entrepreneur within the meaning of § 14 BGB. In all cases, however, we are also entitled to take legal action at the place of performance of the delivery obligation in accordance with these AVB or a priority individual agreement or at the general place of jurisdiction of the buyer. Overriding statutory provisions, in particular those relating to exclusive responsibilities, remain unaffected. 





Privacy Policy


At www.einfachpunktgesund.de, accessible from http://einfachpunktgesund.de/, one of our main priorities is the privacy of our visitors. This Privacy Policy document contains types of information that is collected and recorded by www.einfachpunktgesund.de and how we use it.

If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us.

This Privacy Policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect in www.einfachpunktgesund.de. This policy is not applicable to any information collected offline or via channels other than this website. Our Privacy Policy was created with the help of the Free Privacy Policy Generator.


Consent

By using our website, you hereby consent to our Privacy Policy and agree to its terms.


Information we collect

The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.

If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide.

When you register for an Account, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number.


How we use your information

We use the information we collect in various ways, including to:

•    Provide, operate, and maintain our webste

•    Improve, personalize, and expand our webste

•    Understand and analyze how you use our webste

•    Develop new products, services, features, and functionality

•    Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the webste, and for marketing and promotional purposes

•    Send you emails

•    Find and prevent fraud


Log Files

www.einfachpunktgesund.de follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services' analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users' movement on the website, and gathering demographic information.


Cookies and Web Beacons

Like any other website, www.einfachpunktgesund.de uses 'cookies'. These cookies are used to store information including visitors' preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content based on visitors' browser type and/or other information.

For more general information on cookies, please read "What Are Cookies" from Cookie Consent.


Advertising Partners Privacy Policies

You may consult this list to find the Privacy Policy for each of the advertising partners of www.einfachpunktgesund.de.

Third-party ad servers or ad networks uses technologies like cookies, JavaScript, or Web Beacons that are used in their respective advertisements and links that appear on www.einfachpunktgesund.de, which are sent directly to users' browser. They automatically receive your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that you see on websites that you visit.

Note that www.einfachpunktgesund.de has no access to or control over these cookies that are used by third-party advertisers.


Third Party Privacy Policies

www.einfachpunktgesund.de's Privacy Policy does not apply to other advertisers or websites. Thus, we are advising you to consult the respective Privacy Policies of these third-party ad servers for more detailed information. It may include their practices and instructions about how to opt-out of certain options.

You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers' respective websites.


CCPA Privacy Rights (Do Not Sell My Personal Information)

Under the CCPA, among other rights, California consumers have the right to:

Request that a business that collects a consumer's personal data disclose the categories and specific pieces of personal data that a business has collected about consumers.

Request that a business delete any personal data about the consumer that a business has collected.

Request that a business that sells a consumer's personal data, not sell the consumer's personal data.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.


GDPR Data Protection Rights

We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service.

The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.

The right to erasure – You have the right to request that we erase your personal data, under certain conditions.

The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.

The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.

The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.


Children's Information

Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.

www.einfachpunktgesund.de does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.






Translation of the Muster-Datenschutzerklärung der Anwaltskanzlei Weiß & Partner

Our Privacy Policy was created with the help of the Free Privacy Policy Generator.

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