Terms & Conditions
General terms and conditions and data protection declaration of PGM UG (limited liability), Türkenstraße 48, 80799 Munich, Germany
1. General
1.1. The terms and conditions apply to all current contracts. If the customer is an entrepreneur and the parties are in ongoing business relationships, these terms and conditions also apply to all future contracts with the customer.
1.2. Changes or additions as well as ancillary agreements must be made in writing to be effective; this also applies to a waiver of the written form requirement.
1.3. Deviating, conflicting or supplementary general terms and conditions of the customer are waived in full, even if they are known, unless their validity is expressly approved in writing.
2. Conclusion of contract
2.1. Orders and verbal agreements require our written confirmation to be valid.
2.2. By ordering the goods, the customer makes a binding declaration that they want to purchase the ordered goods. We are entitled to accept the contract offer contained in the order within 2 weeks of receipt. Acceptance can be declared either in writing or by delivering the goods to the customer.
2.3. If the goods are ordered electronically, no confirmation of receipt of the order is required.
2.4. The conclusion of the contract is subject to the correct and timely delivery to us by our suppliers. This only applies in the event that we are not responsible for the non-delivery, in particular if a congruent hedging transaction is concluded with our supplier. The customer will be informed immediately about the non-availability of the service. The consideration will be refunded immediately.
2.5. If the customer orders the goods electronically, the text of the contract will be saved by us and sent to the customer by e-mail on request together with these General Terms and Conditions.
3. Prices
3.1. The offered purchase price is binding. Statutory sales tax is not included in the purchase price. Postage, packaging and freight costs are borne by the customer.
3.2. Unless payment is made in advance or cash on delivery, our invoices are to be paid within 30 days of receipt without deduction. In the event of non-payment, the customer is in default no later than 30 days after receipt of the goods; in the case of a reminder before the end of the 30-day period, default also occurs. During the delay, the entrepreneur has to pay interest on the debt at a rate of 8 percentage points above the base interest rate. We reserve the right to prove and claim higher damages caused by delay
3.3. If the customer is in default of payment, all our other deferred claims become due.
3.4. The customer only has a right to offset if his counterclaims have been legally established or recognized by us. The customer can only exercise a right of retention if a counterclaim is based on the same contractual relationship.
3.5. Delivery against cash on delivery or prepayment remains reserved. Bills of exchange are only accepted after prior agreement and only on account of performance. The customer bears discount, bank and stamp charges.
4. Order execution and print data delivery
4.1. Unless otherwise agreed in writing, we carry out all orders on the basis of the print data supplied or transmitted by the customer. The data must be delivered in the file formats specified in our order forms or on the website www.garderobenzettel.de. We cannot guarantee error-free performance for deviating file formats unless the format in question has been approved by us in writing. The customer himself is fully responsible for the completeness and correctness of his data, even if there are data transmission or data medium errors, unless we are responsible for them.
4.2. Deliveries of any kind by the customer or by a third party engaged by him (this also applies to data carriers and transmitted data) are not subject to an inspection obligation on our part, unless the data is obviously not processable or illegible. In the case of data transmissions, the customer must use state-of-the-art protection programs for computer viruses prior to transmission. Data backup is the sole responsibility of the customer. We are entitled to make copies.
5. Delivery, Shipping
5.1. Partial deliveries are reserved to a reasonable extent.
5.2. The risk of accidental loss and accidental deterioration of the goods passes to the buyer upon handover, in the case of mail-order sales upon delivery of the item to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment.
5.3. The handover is the same if the customer is in default of acceptance.
5.4. Unless otherwise agreed, the delivery dates or (regular) delivery times stated by us are to be regarded as non-binding and correspond to the respective planning status. Fixed dates for the provision of services are only binding if we confirm them in writing at the time the contract is concluded as a fixed date, fixed date or binding date.
6. Warranty
6.1. In the event of defects in the goods, we initially provide a warranty, at our discretion, by means of subsequent improvement or replacement delivery.
6.2. If the supplementary performance fails, the customer can demand a reduction in payment (reduction) or cancellation of the contract (withdrawal) at his choice. In the case of only a minor breach of contract, in particular in the case of only minor defects, the customer is not entitled to withdraw from the contract.
6.3. If the customer is an entrepreneur, he must check the conformity of the delivered goods and the preliminary and intermediate products sent for correction in any case. Obvious defects must be reported in writing immediately, at the latest within 7 days. Hidden defects that cannot be found after the immediate inspection must be reported in writing within 7 days of discovery. Otherwise the assertion of the warranty claim is excluded. The customer bears the full burden of proof for all prerequisites for a claim, in particular for the defect itself, for the time the defect was discovered and for the timeliness of the notice of defects.
6.4. If the customer chooses to withdraw from the contract due to a defect in title or quality after subsequent performance has failed, he is not entitled to any additional claims for damages due to the defect. If the customer chooses compensation after subsequent performance has failed, the goods remain with the customer if this is reasonable for him. Compensation for damages is limited to the difference between the purchase price and the value of the defective item. This does not apply if we have caused the breach of contract fraudulently.
6.5. The warranty period is one year from date of delivery.
6.6. As a matter of principle, only the manufacturer's product description is deemed to be agreed as the quality of the goods. Public statements, promotions or advertising by the manufacturer do not represent any contractual information on the quality of the goods.
7. Limitation of Liability
7.1. In the case of slightly negligent breaches of duty, our liability is limited to the foreseeable, contract-typical, direct average damage depending on the type of goods. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. We are not liable for slightly negligent breaches of insignificant contractual obligations.
7.2. The above limitations of liability do not apply to customer claims arising from product liability. Furthermore, the limitations of liability do not apply to bodily injury or damage to health that is attributable to us, or to the loss of life of the customer.
7.3. Claims for damages by the customer due to a defect expire one year after delivery of the goods. This does not apply if we be accused of fraud.
8. Retention of Title
8.1. We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full.
8.2. The customer is obliged to notify us immediately of third-party access to the goods, for example in the event of seizure, as well as any damage or destruction of the goods. The customer must notify us immediately of a change in ownership of the goods or a change of residence. The customer is obliged to store the goods until our claims have been paid in full in such a way that the goods delivered with retention of title can be identified at any time. In this respect, we are entitled to check.
8.3. We are entitled to withdraw from the contract and to demand the return of the goods if the customer behaves in breach of contract, in particular if he is in default of payment or if one of the above obligations is violated.
9. Advertising, Intellectual Property Rights and Copyrights of Third Parties
9.1. We are entitled to keep specimen copies of the orders as quality samples and to send them to third parties unless the customer expressly objects to this use in writing.
9.2. We are also entitled to include drafts or media productions in our reference list, unless the customer expressly objects to this use in writing.
9.3 The customer is solely responsible for ensuring that no third-party rights, in particular copyrights, are violated by the execution of his order. The customer may only place corresponding orders if he is in possession of any duplication and reproduction rights to the submitted documents. The customer shall, upon first request, indemnify us against all third-party claims due to a violation of rights in this regard.
DATA PROTECTION
The responsible body within the meaning of the data protection laws, in particular the EU General Data Protection Regulation (GDPR), is:
According to § 5 TMG:
PGM professional wardrobe brands UG (limited liability)
Türkenstrasse 48
80799 Munich
Represented by: Stephan Zuerl
Contact:
Telephone: 089 28811516
Fax: 089 28811550
Email: info@garderobenzettel.de
Registration in the commercial register:
Registration court: District Court of Munich
Registration number: HRB 196120
Tax ID:
Sales tax identification number according to §27 a sales tax law:
VAT ID: DE281000649
Your data subject rights
You can exercise the following rights at any time using the contact details provided for our data protection officer:
Information about your data stored by us and their processing,
rectification of inaccurate personal data,
Deletion of your data stored with us,
Restriction of data processing if we are not yet allowed to delete your data due to legal obligations,
Objection to the processing of your data by us and
Data transferability if you have consented to the data processing or have concluded a contract with us.
If you have given us your consent, you can revoke this at any time with effect for the future.
You can contact the supervisory authority responsible for you at any time with a complaint. Your responsible supervisory authority depends on the state of your residence, your work or the alleged infringement. You can find a list of the supervisory authorities (for the non-public area) with their addresses at: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.
Purposes of data processing by the responsible body and third parties
We only process your personal data for the purposes stated in this data protection declaration. Your personal data will not be transmitted to third parties for purposes other than those mentioned. We only pass on your personal data to third parties if:
you have given your express consent,
the processing is necessary for the execution of a contract with you,
the processing is necessary to fulfill a legal obligation,
the processing is necessary to protect legitimate interests and there is no reason to assume that you have an overriding legitimate interest in not disclosing your data.
Collection of general information when visiting our website
When you access our website, information of a general nature is automatically collected by means of a cookie. This information (server log files) includes the type of web browser, the operating system used, the domain name of your internet service provider and similar. This is exclusively information that does not allow any conclusions to be drawn about your person.
This information is technically necessary in order to correctly deliver the content you have requested from websites and is mandatory when using the Internet. In particular, they are processed for the following purposes:
Ensuring a problem-free connection to the website,
ensuring smooth use of our website,
Evaluation of system security and stability as well
for other administrative purposes.
The processing of your personal data is based on our legitimate interest in the aforementioned data collection purposes. We do not use your data to draw conclusions about your person. Recipients of the data are only the responsible body and, if necessary, the processor.
Anonymous information of this type may be statistically evaluated by us in order to optimize our website and the technology behind it.
cookies
Like many other websites, we also use so-called "cookies". Cookies are small text files that are transferred to your hard drive by a website server. As a result, we automatically receive certain data, e.g. B. IP address, browser used, operating system and your connection to the Internet.
Cookies cannot be used to start programs or deliver viruses to a computer. Based on the information contained in cookies, we can make navigation easier for you and enable our websites to be displayed correctly.
Under no circumstances will the data we collect be passed on to third parties or be linked to personal data without your consent.
Of course, you can also view our website without cookies. Internet browsers are regularly set to accept cookies. In general, you can disable the use of cookies at any time through your browser settings. Please use the help functions of your internet browser to find out how you can change these settings. Please note that individual functions of our website may not work if you have deactivated the use of cookies.
Registration on our website
When registering to use our personalized services, some personal data is collected, such as name, address, contact and communication data such as telephone number and e-mail address. If you are registered with us, you can access content and services that we only offer to registered users. Registered users also have the option of changing or deleting the data provided during registration at any time. Of course, we will also provide you with information about the personal data we have stored about you at any time. We will also be happy to correct or delete them at your request, provided there are no legal storage requirements to the contrary. To contact us in this context, please use the contact details given at the end of this data protection declaration.
Provision of paid services
In order to provide services that are subject to a charge, we will ask for additional data, such as payment details, in order to be able to carry out your order. We store this data in our systems until the statutory retention periods have expired.
comment function
If users leave comments on our website, the time of their creation and the user name previously selected by the website visitor are saved in addition to this information. This is for our security, as we can be prosecuted for illegal content on our website, even if it was created by users.
Newsletter
On the basis of your expressly given consent, we will regularly send you our newsletter or comparable information by e-mail to the e-mail address you have provided.
To receive the newsletter, it is sufficient to provide your e-mail address. When registering to receive our newsletter, the data you provide will be used exclusively for this purpose. Subscribers can also be informed by e-mail about circumstances that are relevant to the service or the registration (e.g. changes to the newsletter offer or technical conditions).
For an effective registration we need a valid e-mail address. In order to check that the owner of an e-mail address is actually registering, we use the "double opt-in" procedure. To do this, we log the subscription to the newsletter, the sending of a confirmation email and the receipt of the response requested here. Further data is not collected. The data will only be used to send the newsletter and will not be passed on to third parties.
You can revoke your consent to the storage of your personal data and its use for sending the newsletter at any time. There is a corresponding link in every newsletter. You can also unsubscribe directly on this website at any time or inform us of your request via the contact option given at the end of this data protection notice.
Use of Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Inc. (hereinafter: Google). Google Analytics uses so-called "cookies", i.e. text files which are stored on your computer and which enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, due to the activation of IP anonymization on this website, your IP address will be used by Google within member states of the European Union.
Use of script libraries (Google Webfonts)
In order to display our content correctly and graphically appealing across browsers, we use script libraries and font libraries such as B. Google Webfonts (https://www.google.com/webfonts/). Google web fonts are transferred to your browser's cache to avoid multiple loading. If the browser does not support Google Webfonts or prevents access, content will be displayed in a standard font.
Calling up script libraries or font libraries automatically triggers a connection to the operator of the library. It is theoretically possible - although it is currently unclear whether and, if so, for what purposes - that operators of such libraries collect data.
The privacy policy of the library operator Google can be found here: https://www.google.com/policies/privacy/
Use of Google Maps
This website uses Google Maps API to visually display geographic information. When using Google Maps, Google also collects, processes and uses data about the use of the map functions by visitors. You can find more information about data processing by Google in the Google data protection information. There you can also change your personal data protection settings in the data protection center.
Detailed instructions for managing your own data in connection with Google products can be found here.
Change to our privacy policy
We reserve the right to adapt this data protection declaration so that it always corresponds to the current legal requirements or to implement changes to our services in the data protection declaration, e.g. when introducing new services. The new data protection declaration will then apply to your next visit.
Questions to the data protection officer
If you have any questions about data protection, please send us an email or contact the person responsible for data protection in our organization directly:
info@garderobenzettel.de
Management of your data stored by us
With a click here you can view and manage the data we have stored
The data protection declaration was created with the data protection declaration generator of activeMind AG.