CONTACTS
WHERE WE ARE
HEINZ ZIEGENBEIN GmbH & Co. KG
Lutherstraße 54
73614 Schorndorf

Phone: +49 (0) 7181-99456-0
Fax: +49 (0) 7181-99456-29
e-Mail: info@ziegenbein-kg.de
LEGAL NOTICE
Company name / Legal form:
Heinz Ziegenbein GmbH & Co. KG
Kommanditgesellschaft

Adress:
Lutherstraße 54
73614 Schorndorf

Registered office:
Schorndorf

Commercial register / No.:
Local Court of Stuttgart / HRA 325

VAT registration number:
DE 147642033

General partner:
Ziegenbein Verwaltungs GmbH, Stuttgart

Commercial register:
Amtsgericht Stuttgart / HRB 727336

Managing Directors:
Felix Ziegenbein, Fionn Ziegenbein

Responsible for the design of the website:
Heinz Ziegenbein GmbH & Co. KG
Lutherstraße 54
73614 Schorndorf
info@ziegenbein-kg.de

Responsible according to Section 55 (2) of the German Interstate Broadcasting Agreement (RStV):
Heinz Ziegenbein GmbH & Co. KG (address as above)





Privacy Policy:
The protection of your personal data is important to us.

In this privacy policy, we would like to inform you about the types of data we process and for what purposes when you visit our web pages and what rights you are entitled to with regard to your personal data.

Important definitions

Our privacy policy is based on the terms used by the European legislator for the purposes of the General Data Protection Regulation (GDPR). In this privacy policy we use the following terms, among others:

‘personal data’ means any information relating to an identified or identifiable natural person (‘da-ta subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, or-ganisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. Further definitions can be found in article 4 GDPR.



Controller

Heinz Ziegenbein GmbH & Co. KG
Lutherstr. 54 | 73614 D-Schorndorf
Phone.: +49 7181 994560
e-Mail: info@ziegenbein-kg.de


Represented by Ziegenbein Verwaltungs GmbH, represented by the managing directors Felix

Data Protection Officer

Die Datenschützer
Archivstr. 3 - 73614 Schorndorf
Phone +49 (0) 7181-20763-0
e-Mail: info@diedatenschuetzer.org



Collection of general data and information

Even in the case of purely informational use, a series of general data and information is transmit-ted with every visit to our website. We collect the general data and information that your browser sends to our server. We collect data and information that is technically necessary for us to display our website and that serves the stability, security and prevention of danger in the event of attacks on our information technology systems.

In detail, the following data is collected:
  • IP address
  • date and time of access to the website
  • browser types and versions used
  • operating system used and its interface
  • website from which an accessing system reaches our website (‘referrer’)
  • sub-websites, which are accessed via an accessing system on our websiten
  • internet service provider of the accessing system
We delete the data after the storage is no longer necessary for error analysis, or restrict the pro-cessing if there are legal storage obligations. The legal basis for data processing in this context is article. 6 paragraph 1 sentence 1 lit. f GDPR. When using this general data and information, we do not draw any conclusions about you as a data subject.

Contact possibilities via the website

When you contact us by e-mail, the data you provide will be stored by us to answer your ques-tions. The data processing for the purpose of contacting us is carried out in accordance with arti-cle 6 paragraph 1 sentence 1 lit. a GDPR on the basis of your voluntarily given consent or in the case of a (pre-)contractual relationship with us in accordance with article 6 paragraph 1 sentence lit. b GDPR. We delete this data after the storage is no longer necessary for the processing of your enquiry or restrict the processing if there are legal storage obligations.

Data protection for job applications

We collect and process the personal data of applicants for the purpose of processing the applica-tion procedure. The processing can also be carried out electronically, especially if applicants submit application documents electronically by e-mail. If HEINZ ZIEGENBEIN GMBH & CO. KG concludes an employment contract with an applicant, the transmitted data will be stored for the purpose of processing the employment relationship in compliance with the legal regulations. The legal basis in this context is article 88 GDPR, § 26 BDSG (German Data Protection Rule). If no employment contract is concluded with the applicant, the application documents are automatically deleted after the rejection decision has been announced, provided that no other legitimate inter-ests stand in the way of deletion. Another legitimate interest is, for example, the duty of proof in proceedings under the German General Equal Treatment Act.

Cookies

We sometimes use cookies and similar technologies such as Pixel, HTML5 Storage or Local Shared Objects (hereinafter referred to as ‘cookies’ in general).

Cookies are small text files that are placed and stored on your device (PC, smartphone, etc.). and through which certain information flows to the website that sets the cookie. Cookies cannot exe-cute programs or transfer viruses to your computer. They are generally used to make the website more user-friendly and effective and for statistical evaluations.

You can delete the cookies in the security settings of your browser at any time. You can configure your browser settings according to your wishes and, for example, refuse to accept third-party cookies or all cookies. Please note that you may not be able to use all functions of this website if you do so.

Google Maps

By visiting the website, Google receives the information that you have called up the correspond-ing subpage of our website. In addition, the general data and information described above (e.g. IP address, browser types, etc.) are transmitted. This happens regardless of whether Google pro-vides a user account through which you are logged in or whether no user account exists. If you are logged in at Google, your data will be assigned directly to your account. If you do not wish to be assigned to your profile on Google, you must log out before activating the button. Google stores your data as usage profiles and uses them for the purposes of advertising, market re-search and/or demand-oriented design of its website. Such an evaluation is carried out in particu-lar (even for users who are not logged in) to provide need-based advertising and to inform other users of the social network about your activities on our website. You have a right of objection to the creation of these user profiles, whereby you must contact Google to exercise this right.

You can find further information on the purpose and scope of data collection and processing by the plug-in provider Google in their privacy policy. There you will also find further information on your rights in this regard and setting options for protecting your privacy: www.google.de/intl/de/policies/privacy. Google processes your personal data in the USA and is subject to the EU-US Privacy Shield, www.privacyshield.gov/EU-US-Framework.

Your Rights as a Data Subject

With regard to your personal data you have the following rights towards us:
  • The right of access to the personal data, article 15 GDPR.
  • The right to obtain the rectification of inaccurate personal data, article 16 GDPR.
  • The right to obtain erasure (‘right to be forgotten’) of personal data, article 17 GDPR.
  • The right to obtain restriction of processing, article 18 GDPR.
  • The right to data portability, article 20 GDPR.
  • The right to object to processing of personal data, article 21 GDPR, insofar as the pro-cessing of personal data is based on a balancing of interests pursuant to article 6 para-graph 1 sentence 1 lit. f GDPR. In doing so, we request that you explain the reasons why we should not process your personal data. In the event of an objection, we will examine the facts and will stop or adapt the data processing or show you our compelling reasons for continuing the processing, which are worthy of protection.
  • You have the right to object at any time to the processing of your personal data for the purposes of advertising and data analysis in accordance with article 21 para-graph 2 GDPR.
  • The right not to be subject to any automated decisions - including profiling - which pro-duces legal effect on you, in accordance article 22 GDPR.
  • The right to withdraw your consent at any time, article 7 paragraph 3 GDPR, if you have given us your consent to process your data. Revocation does not affect the lawfulness of the processing carried out on the basis of the consent until revocation.
If you wish to assert one of the above rights, you can contact us or our data protection officer at any time.

Furthermore, you have the right to complain to a supervisory authority if you believe that the pro-cessing of personal data concerning you is in violation of applicable data protection law.

The supervisory authority responsible for us is:
Landesbeauftragte f. d. Datenschutz u. d. Informationsfreiheit Baden-Württemberg
Königstrasse 10 a
70173 Stuttgart
Phone.: 0711/615541-0
FAX: 0711/615541-15
poststelle@lfdi.bwl.de
www.baden-wuerttemberg.datenschutz.de

Modifications of this privacy policyg

Due to the further development of our websites or due to changes in legal and official regulations, we reserve the right to change this privacy policy at any time with effect for the future. A current version is available on this website. Please inform yourself regularly!
CONDITIONS OF SALE AND DELIVERY: (Status 11/2014)

1. Scope of validity
1.1. In the business dealings between Heinz Ziegenbein GmbH & Co. KG and companies and/or legal entities under public law (both referred to below as “Customer”), solely our terms and conditions of business apply. We do not recognise terms and conditions of the Customer unless we have agreed explicitly and in writing to their validity.

1.2. Our terms and conditions of business also apply if we accept orders without reservation or execute deliveries without reservation even if we are in knowledge of contrary terms and conditions of business or terms and conditions that deviate from our terms and conditions.

1.3. If the Customer should not be in agreement with the aforementioned conditions, they will inform us of this immediately in writing after receipt of our offer.

2. Conclusion of contract
2.1. Our offers are subject to change and are non-binding if they are not explicitly marked as binding.

2.2. A contract only comes into force with our written acceptance of the contract/order from the Customer which is marked as a confirmation of order.

3. Offer documents
3.1. For offers regarding the lamination of textile materials, the technical information in the document “Requirements for the lamination of textile materials” attached as an appendix to these general terms and conditions of business is a contractual basis.

3.2. Information in the sales documents and technical data sheets for the products and their usage only constitutes a description or marking of the products. These are not assured properties and/or guarantees.

3.3. We reserve the right to make production and/or raw material deviations to the products from the information in the sales documents and technical data sheets.

4. Prices and Payment Terms
4.1. Our prices are ex works pursuant to INCOTERMS 2010, i.e. purely net from factory plus packaging, taxes (e.g. VAT) customs, dues or any other fees occurred in the respective statutory amount.

4.2. Transport and insurance costs and freight surcharges for general goods, express, post or special consignments are for the Customer’s account.

4.3. Our prices do not include any costs for the return and/or disposal of the transport packaging.

4.4. Invoices are due immediately in the agreed currency without any deduction.

4.5. The Customer is obligated to pay in advance.

4.6. In the event of arrears in payment, we will charge interest amounting to 12% above the invoice amount. We reserve the right to file claims exceeding this amount.

5. Delivery modalities and transfer of risk
5.1. Delivery times are non-binding unless we have explicitly declared them to be binding in writing.

5.2. The requirement for the adherence to delivery deadlines is that the Customer has complied with the contractual or other legal obligations towards us, such as payment of the invoice amount.

5.3. Our deliveries and the associated transfer of risk are done ex works pursuant to INCOTERMS 2010.

5.4. We are entitled to partial deliveries if they can be reasonably expected of the Customer.

5.5. If the dispatch is delayed as a result of circumstances for which we are not responsible, the risk is transferred to the Customer at the latest when the product is ready for dispatch.

6. Retention of title
6.1. Until the complete payment of all our current and future receivables from the deed of sale and a current business relationship (secured receivables), we retain title to the goods sold.

6.2. The goods under retention of title may not be pledged to third parties or transferred as collateral before the complete payment of the secured receivables.

The Customer must notify us of this immediately in writing if and to the extent that access by third parties is made to the goods belonging to us.

6.3. For conduct by the Customer which is not compliant with the contract, in particular in the event of the non-payment of the purchase price due, we are entitled to withdraw from the contract pursuant to the statutory provisions and to request the surrender of the goods due to the retention of title and the withdrawal. If the Customer does not pay the due purchase price, we may only claim these rights if we have unsuccessfully set the Customer an appropriate period for payment beforehand or the setting of such a deadline is unnecessary pursuant to the statutory regulations. We may make free use of the goods that we take back under retention of title. The proceeds from the utilisation will be offset against those amounts that the Customer owes us after we have deducted an appropriate amount for the costs of the utilisation.

6.4. The Customer is authorised to resell and/or process the goods under retention of title in orderly business transactions. In this case, the following provisions apply in addition.

(a) The retention of title extends to the products resulting from the processing, mixing or combination of our goods at their full value, whereby we are deemed to be the manufacturer. If during a processing, mixing or combination with goods of third parties, the latter’s right of ownership remains, we acquire co-ownership in the ratio of the invoice values (invoice end sum including VAT) of the processed, mixed or combined goods. For the rest, the same applies for the resulting product as for the goods delivered under retention of title.

(b) The Customer already now assigns the receivables towards third parties resulting from the resale of the goods or the product and the receivables of the Customer with regard to the goods under retention of title which result from another legal reason towards its customers or third parties (in particular receivables from unlawful action and claims to insurance benefits) and including all balance receivables from current account, in total and/or in the amount of any co-ownership share of ours pursuant to Clause 6.4 letter (a) as collateral to us. We accept the assignment. The obligations of the Customer which are named in Clause 6.2 also apply in consideration of the assigned receivables.

(c) In addition to ourselves, the Customer remains authorised to collect the receivable. We undertake not to collect the receivable for as long as the Customer fulfils its payment obligations towards us, does not fall into arrears in payment, no application has been filed to open insolvency proceedings and no other defect exists in its performance. If, however, this is not the case, we can request that the Customer notifies us of the assigned receivables and their debtors, provides all the necessary information for collection, hands over the respective documents and notifies the debtors (third parties) of the assignment.

(d) If the realisable value of the securities exceeds our receivables by more than 10%,we will release securities of our choice at the customer’s request.

7. Warranty
7.1. Customer claims for defects necessitate that the latter has fulfilled its statutory obligations of examination and notification of defect in an orderly manner.

7.2. On receipt of the products, the Customer is obligated to immediate and careful examination of the goods. The goods are deemed to be approved if we do not receive a written notification of defects with regard to obvious defects or other defects that were discernible with an immediate, careful examination within eight calendar days after receipt or otherwise eight calendar days after discovery of the defect or each earlier point in time in which the defect was discernible for the Customer during normal usage of the goods without closer investigation.

7.3. With justified notifications of defect, we will at our choice provide subsequent improvement or replacement delivery. In the event of a second failure of the subsequent fulfilment or its impossibility, unreasonableness, refusal or inappropriate delay, the Customer is entitled to the statutory claims.

7.4. The period of warranty is twelve months from transfer of risk. This does not apply for claims of the Customer pursuant to Clause 8.1 and 8.2 below.

8. Liability
8.1. Irrespective of the legal grounds, we are only liable for compensation in the event of wilful intent and gross negligence.

8.2. With simple negligence, we are only liable for damage from injury

(a) to life, body or health,

(b) breach of a fundamental contractual obligation (i.e. an obligation, its fulfilment, which makes the orderly implementation of the contract possible in the first place and in whose compliance the contractual partner regularly trusts and may trust); in this case, however, our liability is restricted to the compensation for the foreseeable damage typically occurring.

8.3. The limitation in liability resulting from the previous section 8.2 does not apply if we have fraudulently concealed a defect or have assumed a guarantee for the characteristics of the product. In addition, it does not apply for claims of the Customer pursuant to product liability law.

8.4. The limitation in liability in Section 8.1 also applies with slightly negligent breaches of obligation by our statutory representatives or vicarious agents.

8.5. With the exception of the cases described in Section 8.2, a limitation period of one year applies for compensation claims against us. It occurs at the latest five years from the creation of the claim.

9. Offsetting, retention, assignment
9.1. The Customer may only offset with legally established or undisputed counter claims.

9.2. The Customer is only entitled to retention based on claims that are based on the same contractual relationship.

9.3. If it becomes discernible after conclusion of the contract that our claim to the purchase price is jeopardised by the defective performance of the Customer (e.g. through application for the opening of insolvency proceedings), we are entitled, pursuant to the statutory provisions, to refuse performance and – if applicable after setting a deadline – to withdraw from the contract (Section 321 of the German Civil Code (BGB)). With contracts regarding the production of unique items (customised products), we can declare our withdrawal immediately; the statutory provisions regarding the waiver of the setting of a deadline remain unaffected.

9.4. The assignment of rights, receivables and claims by the Customer requires our prior written consent which we will not refuse unreasonably. This also applies for agreements between the Customer and third parties by means of which a transfer of receivables to us is excluded in the sale of goods under retention of title.

10. Place of fulfilment, choice of law and place of jurisdiction.
10.1. The place of performance is the respective factory.

10.2. German law applies. The requirements and effects of the retention of title pursuant to Clause 6 are subject to the law at the respective storage location of the object if according to this law the choice of law made in favour of German law is impermissible or invalid. If the business office of our Customer lies outside Germany, the United Nations Convention on Contracts for the International Sale of Goods (CISG) is applicable pursuant to the amendments and supplements in the provisions below (10.2.1 – 10.2.5):

10.2.1 We deliver ex works (INCOTERMS 2010). The place of delivery is our production site for the goods supplied. The transfer of risk to the Customer is done with the notification to the Customer that the goods are ready for collection, but at the latest with the handover of the goods to the first carrier (Article 66 to 69 CISG).

10.2.2 The Customer’s obligations of examination and notification with regard to the filing of claims for defects is based on the provisions of Articles 38 to 40 CISG; the notification of defect pursuant to Article 39 Para. 1 CISG is to be filed within a maximum of two weeks.

10.2.3 Our obligation to vouch for the goods supplied being free of the rights or claims of third parties which are based on commercial or other intellectual property (Article 42 CISG) is restricted to the territory of Germany. It is the sole responsibility of the Customer to check whether corresponding intellectual property rights or claims of third parties according to the law of the state in which the Customer has its business office, or according to the law of the states in which the goods are resold could be impaired. The same applies accordingly for other rights and claims of third parties pursuant to Article 41 CISG and the compliance with provisions under public law.

10.2.4 The Customer may withdraw from the contract if the non-fulfilment of one of our obligations constitutes a fundamental breach of the contract, or we do not supply after the setting of an appropriate deadline by the Customer or if we have declared in a binding manner that we will also not deliver after the setting of an appropriate deadline (cf. Article 49 Para. 1 CISG).

10.2.5 We may correct material defects at our own discretion through repair or replacement delivery. The Customer is entitled to withdraw from the contract or to reduce the purchase price only if the repair or replacement delivery fails.

10.3. If permissible under the law, the sole place of jurisdiction is the court responsible at the registered office of our company. In addition, we are entitled to file legal action against the Customer at its registered office and at any other place of jurisdiction that is permissible under the law.
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HEINZ ZIEGENBEIN GmbH & Co. KG · Lutherstraße 54 · 73614 Schorndorf · Phone: +49 (0) 7181-99456-0 · e-Mail: info@ziegenbein-kg.de