Terms and Conditions

GENERAL TERMS AND CONDITIONS

I. GENERAL PART

1. preamble

1.1 The following General Terms and Conditions govern the contractual relationships between us, the commercially trading

Jakoby Winery
represented by Hans Josef Jakoby

Brückenstr. 10
54484 Maring-Noviand

and customers.

We can be reached at the following contact details:

Tel: +49 6535 1030
Fax: +49 6535 93183
E-mail: info@weingut-jakoby.de

1.2 The contractual language is German.

2. definitions

2.1 A merchant is either a person who operates a commercial enterprise or a person who has the name of his enterprise entered in the commercial register.
2.2 A commercial enterprise is any business unless the nature or extent of the business does not require a commercial business.
2.3 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2.4 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
2.5 A guest is a natural person who is accommodated for a limited time in return for payment. Booking guest is a guest who makes the booking transaction and receives the booking confirmation.
2.6 An innkeeper is a natural or legal person who accepts strangers for accommodation on a commercial basis.
2.7 A guest accommodation contract is a contract for the provision of accommodation for a fee.
2.8 A distance contract within the meaning of these GTC is a contract for the supply of goods or the provision of services concluded between an entrepreneur and a consumer using exclusively means of distance communication, unless the contract is not concluded within the framework of a distribution or service system organised for distance selling.
2.9 Means of distance communication are means of communication that can be used to initiate or conclude a contract between a consumer and a trader without the simultaneous physical presence of the contracting parties, in particular letters, catalogues, telephone calls, telecopies, e-mails and broadcasting, tele- and media services.
2.10. The text of the contract within the meaning of these GTC is the product description resulting from our internet presentation and the content of the online order. The order confirmation sent by us on the Internet portal is not itself the text of the contract, but only confirms receipt of the order.
2.11. Text form is a legible declaration in which the person making the declaration is named, which has been made on a durable medium.
2.12. A durable medium is any medium which enables the recipient to retain or store a statement on the medium addressed personally to him in such a way that it is accessible to him for a period of time adequate for its purpose and is capable of reproducing the statement unchanged.
2.13. Business premises are immovable business premises where the trader carries out his activity on a permanent basis and movable business premises where the trader usually carries out his activity. Business premises where the person acting in the name or on behalf of the entrepreneur carries out his activity on a permanent or habitual basis are equivalent to premises of the entrepreneur.

3. contracting parties/contractual penalty in case of pretence of customer suitability

3.1 Legal entities, partnerships and natural persons with unlimited legal capacity are accepted as customers.
3.2 Insofar as minors are accepted as contracting parties, they are excluded as contracting parties in the case of contracts for spirits, spirituous beverages or foodstuffs containing spirits in not only insignificant quantities. In any case, contracts for other alcoholic beverages will not be concluded with children or adolescents under the age of 16. We reserve the right to verify the age of the contracting party by means of appropriate evidence and verification procedures. We therefore also reserve the right to request a copy of the identity card.
3.3 The customer is obliged to provide truthful information when placing an order and not to pass on passwords to third parties.
3.4 In the event of falsification of customer eligibility, no contract shall be concluded. Instead, the parties agree on a contractual penalty amounting to 5 % of the contract price that the ineligible customer would have had to pay. The customer is free to prove that no damage has been incurred or that the damage is significantly lower than the lump sum.

4 Validity of these GTC

4.1 These GTC apply exclusively to all contracts, deliveries and other services.
4.2 We do not recognise any conflicting or deviating terms and conditions.
4.3 Insofar as the customer is a merchant, they shall also apply to all future business relations, even if they are not expressly agreed again.
4.4 We are entitled to amend or supplement these GTC at any time. Customers have the right to object to such a change. If the objection is not made in text form within four weeks of receipt of the notice of amendment, these shall become effective in accordance with the amendment. Customers will be informed in text form at the beginning of the period that the notice of amendment is deemed to be accepted if no objection is made within four weeks.

5. reservation of right of modification

5.1 We reserve the right to change or deviate from the promised services if the change or deviation is reasonable for the customer, taking into account the interests of us.
5.2 The change or deviation is reasonable if the customer is not placed in a worse or better position or if there is no significant deviation from the service. This may be the case if the ordered vintage should no longer be available and the following vintage does not deviate more than insignificantly in terms of quality and price.

6. cancellation policy

6.1 Right of withdrawal
Consumers have the right to withdraw from a distance or off-premises contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which the consumer or a third party other than the carrier and indicated by the consumer takes possession of the goods in the case of a sales contract, or of the last goods in the case of a contract concerning several goods ordered by the consumer as part of a single order and delivered separately, or of the last part or piece in the case of a contract concerning the delivery of goods in several parts or pieces.

To exercise their right of withdrawal, consumers must send us
Jakoby Winery
Hans Josef Jakoby
represented by
Brückenstr. 10
54484 Maring-Noviand
Phone: +49 6535 1030
Fax: +49 6535 93183
E-mail: info@weingut-jakoby.de

by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of their decision to revoke this contract.

Consumers can use the attached withdrawal form for this purpose, which is, however, not mandatory.

In order to comply with the withdrawal period, it is sufficient for consumers to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

6.2 Consequences of the revocation
If consumers withdraw from this contract, we must repay them all payments that we have received from them, including the delivery costs (with the exception of the additional costs resulting from the fact that consumers have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of their withdrawal from this contract. For this repayment, we will use the same means of payment that consumers used in the original transaction, unless expressly agreed otherwise with them; in no case will consumers be charged fees because of this repayment.

We can refuse repayment until we have received the goods back or until consumers have provided proof that they have returned the goods, whichever is the earlier.

Consumers must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which they notify us of the revocation of this contract. The deadline is met if consumers send the goods before the end of the fourteen-day period.

Consumers shall bear the direct costs of returning the goods. The costs are estimated at a maximum of approximately EUR 150.00 for goods that cannot be sent by parcel post.

Consumers only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.

7 Conclusion of the contract/storage of the contract text and the GTCs

7.1. in our internet shop
7.1.1 The advertising of the products in the Internet shop represents a non-binding and non-binding invitation to submit an offer by our customers.
7.1.2 Customers make an offer by going through our ordering process and clicking on the "Order subject to payment" link at the end.
7.1.3 We may accept the customer's offer within 5 days at our discretion either by confirming the order or by delivering the goods.
7.1.4 The text of the contract and these GTC will be stored and sent to consumers by e-mail.
7.2. for contracts not concluded outside business premises within the meaning of § 312 b of the German Civil Code (BGB)
7.2.1 The advertising of the products represents a non-binding and non-binding invitation for customers to submit an offer (order).
7.2.2 Customers may make an offer orally, in writing, in text form or by conclusive conduct.
7.2.3 We may accept the offer either verbally or by order or booking confirmation in writing or text form or by delivery.

8. liability

8.1 We exclude our liability for slightly negligent breaches of duty, unless damages resulting from injury to life, body or health or claims under the Product Liability Act are affected or guarantees are concerned. Furthermore, liability for the breach of obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the customer may regularly rely (essential contractual obligations), shall remain unaffected.
8.2 In the event of damage to property and financial loss caused by negligence, we shall only be liable in the event of a breach of a material contractual obligation, but limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for the contract.
8.3 The same applies to breaches of duty by our vicarious agents.

9. offsetting prohibition

The entrepreneur is not entitled to set off his own claims against our claims for payment unless the claims are based on the same contractual relationship or they are undisputed or have been legally established.

10. right of retention

The entrepreneur is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

11. customer service

If you have any questions, complaints or claims, you can reach us on weekdays from 09:00 to 19:00 at the following contact details:

Phone: +49 6535 1030
E-mail: info@weingut-jakoby.de

You can also contact us via our contact form on the website.

12. severability clause (partial invalidity)

Should one of the provisions be invalid, this shall not affect the validity of the remaining provisions.

13. out-of-court conciliation options

13.1 In the event of disputes arising from online sales contracts or online service contracts, an ODR platform made available by the European Union may be used to resolve these disputes, insofar as this is actually made available by the European Union.

The platform should be accessible here: http://ec.europa.eu/consumers/odr/.

13.2 We are not obliged to participate in other out-of-court arbitration options before a consumer arbitration board and do not participate in such.

14 Applicable law, place of jurisdiction and ancillary agreements

14.1 The contract, including these GTC, shall be governed by the substantive law of the Federal Republic of Germany. The provisions of the Vienna UN Convention of 11 April 1980 on Contracts for the International Sale of Goods (CISG, UN Sales Convention) shall not apply. This choice of law shall not apply if the consumer is thereby deprived of mandatory provisions of the law of the state in which he has his habitual residence.
14.2 In the event of legal disputes, our registered office shall be the place of jurisdiction if
14.2.1. the customer is a merchant or
14.2.2. the customer has no general place of jurisdiction in the territory of the Federal Republic of Germany or
14.2.3. the customer is a legal entity under public law.
14.3 We are also entitled to take legal action at any other place of jurisdiction provided for by law.
14.4 No ancillary agreements have been made.

II. SPECIAL PART: CONTRACTS OF SALE

1. delivery conditions/shipping costs

1.1 We only deliver within Germany, excluding the islands.
1.2 Delivery dates specified by the customer in his order shall require our confirmation in order to be valid.
1.3 The delivery period shall commence on the day after receipt of the payment order by the remitting bank in the case of payment in advance or on the day after conclusion of the contract in the case of other payment methods and shall end with the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognised by the state at the place of delivery, the next working day shall take the place of such a day.
1.4 Delivery shall be made no later than 5 days after the start of the delivery period.
1.5 Costs of packaging and shipping will be invoiced and shown separately. The exact costs result from the product description. Unless otherwise stated, the shipping costs up to and including 59 bottles shall be 4.00 euros. Shipping is free of charge for 60 bottles or more.

2. duty to reprimand

2.1 If the purchase is a commercial transaction for both contracting parties, the buyer shall inspect the goods immediately after delivery by the seller, insofar as this is feasible in the ordinary course of business, and, if a defect becomes apparent, notify the seller immediately.
2.2 If the buyer fails to notify us, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection.
2.3 If such a defect is discovered later, the notification must be made immediately after discovery; otherwise the goods shall be deemed to have been approved also in view of this defect.
2.4 If we have fraudulently concealed the defect, we cannot invoke these provisions.

3. liability for defects/period of limitation

3.1 In principle, there is a statutory right of liability for defects, unless otherwise stipulated.
3.2 Insofar as the delivered item does not have the quality agreed between the customer and us or it is not suitable for the use presupposed according to our contract or it is not suitable for the usual use and has a quality which is usual for items of the same type and which the customer can expect according to the type of item or it does not have the properties which he could expect according to our public statements, we are obliged to subsequent performance.
3.3 Subsequent performance shall be effected vis-à-vis entrepreneurs at our discretion by remedying the defect (rectification) or delivery of new goods.
3.4 We may refuse subsequent performance without prejudice to Section 275 (2) and (3) of the German Civil Code (BGB) if it is only possible at disproportionate cost.
3.5 Customers may only assert claims for damages due to a defect if subsequent performance has failed. This shall not affect their right to assert further claims for damages in accordance with the "Liability" section.
3.6 For consumers, the limitation period for new goods is two years from delivery to the customer, for used goods one year from delivery. This does not apply to claims for damages and reimbursement of expenses due to defects in accordance with the section "Liability".
3.7 For entrepreneurs, the limitation period for new goods is one year from the transfer of risk; for used goods, liability for defects is excluded. This does not apply to claims for damages and reimbursement of expenses due to defects in accordance with the section "Liability". The limitation period shall also remain unaffected in the event of a delivery recourse according to §§ 478, 479 BGB; it shall be five years from delivery of the defective item.
3.8 Please note: The crystallisation of tartar is a completely natural phenomenon.

4. terms of payment

4.1 Unless otherwise agreed, we deliver against advance payment.
4.2 Unless otherwise agreed, we accept as payment:
- Transfer
- Cash payment on collection
4.3 Unless otherwise agreed, our invoices shall be payable without deduction no later than 20 days after receipt of the goods.

5. retention of title

5.1 The subject matter of the contract shall remain our property until it has been paid for in full.
5.2 In the case of merchants, the goods shall remain our property until full payment of all claims arising from the business relationship. We undertake to release the securities to which we are entitled at the customer's request insofar as the realised value of our securities exceeds the claims to be secured by more than 20 %; the selection of the securities to be released is incumbent on us.
5.3 Customers are entitled to resell goods subject to retention of title. The customer already now assigns all claims from the resale with regard to the delivered goods subject to retention of title in the amount of the final invoice amount (including VAT) of our claims including all ancillary rights with priority over his other claims, which accrue to him from the resale to the customer or third parties. This shall apply irrespective of whether the delivered goods have been resold without or after processing or mixing or blending. We accept the assignments.
After the assignment, the customer is entitled to collect the claim irrespective of our own authority.
However, we undertake not to collect the claim ourselves insofar as the customer duly meets his payment obligations and is not in default of payment and, in particular, no application has been made to open insolvency or composition proceedings against his assets.
If this is the case, however, we may demand that the customer informs us of the assigned claims and their debtors, hands over all documents required for collection and informs the debtors or third parties of the assignment.
5.4 The processing of the goods subject to retention of title or of the goods which are our property by way of security by the customer shall always be carried out in our name and on our behalf, without any liabilities accruing to us as a result.
If processing is carried out with items not belonging to the customer, we shall acquire co-ownership of the new item in the ratio of the value of the goods delivered by us (final invoice amount plus VAT) to the other processed items at the time of processing. In all other respects, the same shall apply to the object created by processing as to the object of sale delivered under reservation of title. This also applies if the customer acquires sole ownership through activities according to sentence 2. The preservation for us shall be free of charge.
If the object of sale is inseparably mixed with other movable objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the value of the goods delivered for us (final invoice amount plus VAT) to the other mixed objects at the time of mixing. If the mixing takes place in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer shall transfer co-ownership to us on a pro rata basis. The customer shall hold the sole ownership or co-ownership thus created in safe custody for us free of charge.

III. SPECIAL PART: LETTING OF HOLIDAY FLATS OR GUEST ROOMS

1. conclusion of travel contracts

The contract is concluded between the guest and us. If a third person makes the booking on behalf of the guest, this person shall be jointly and severally liable with the guest for all claims arising from the contractual relationship, provided that we have received a corresponding declaration from the ordering party. The customer undertakes to forward the booking confirmation and the General Terms and Conditions to the guest.

2. services, prices and payment

2.1 The prices are shown in our brochure or on our website. The prices include the ancillary costs.
2.2 The services owed by us result from the content of the booking confirmation together with the presentation in the valid brochure or on the website.
2.3 We undertake to keep the holiday flat booked by the guest or customer ready for the guest in the agreed condition in accordance with statutory provisions or in accordance with customary market rules and to provide the agreed services. We are obliged to provide the guest with other equivalent substitute accommodation or to pay compensation if we are unable to provide the agreed accommodation despite confirmation. This is excluded in the event of force majeure.
2.4 Upon conclusion of the contract, we may request a deposit of 20 % of the total price, but at least 100.00 EUR. The request for the deposit is made with the booking confirmation. The remaining amount is to be paid at the latest seven days before arrival. In case of a short-term booking, within seven days before arrival, the total price for the stay is to be paid before the beginning of the stay.

3. resignation

3.1 The guest may withdraw from the contract. The withdrawal from the contract must be in text form and is effective upon receipt by us.
3.2 In the event of cancellation, the guest shall pay the compensation specified below:
- 10 % of the total price until the 31st day before the start of the trip,
- 20 % of the total price up to the 21st day before departure,
- 40 % of the total price up to the 12th day before departure,
- 60 % of the total price up to the 3rd day before departure,
- 80 % of the total price from the 3rd day before the start of the journey,
- 100 % in case of no-show minus expenses saved by us.
3.3 The guest is at liberty to prove that no or lower costs were actually incurred than those claimed by the flat-rate cost allowance. Should this be the case, the guest shall only bear the costs actually incurred.
3.4 We will make every effort to let the booked holiday flat to someone else in order to keep the damage to the guest as low as possible.
3.5 It is strongly recommended that you take out travel cancellation insurance.

4. arrival and departure

4.1 Unless otherwise agreed, the flat is available to the guest from 14:00 on the day of arrival.
4.2 Unless otherwise agreed, the guest must vacate the holiday flat by 10:00 on the day of departure.

5. liability

5.1 We shall be liable for loss, destruction and damage to property which the guest has brought into the holiday flat during the period of accommodation. The liability is limited to one hundred times the accommodation price on one day, but to a maximum amount of EUR 3,500.00, and in the case of money, securities and valuables, to an amount of EUR 800.00.
5.2 Liability for vehicles, things left in vehicles and live animals is excluded.
5.3 Liability is excluded if the loss, destruction or damage is caused by the guest himself, by a person the guest has taken in, by the nature of the object or by force majeure.
5.4 We shall be liable without limitation if the loss, destruction or damage of the item is caused intentionally or through gross negligence by us or persons attributable to our hospitality business.
5.5 The guest shall be liable for any damage caused by him or her or persons attributable to him or her in or to the holiday flat.

6. notice of defects

The guest must notify us immediately of any complaints. If the guest culpably fails to notify us of the defect, he/she shall not be entitled to any claims for reduction of the rental price. The statutory provisions shall apply.

7. pets

Bringing pets is not permitted.

IV CANCELLATION FORM

To
Jakoby Winery
Brückenstr. 10
54484 Maring-Noviand
Fax: +49 6535 93183
E-mail: info@weingut-jakoby.de

I/we hereby revoke the contract concluded by me/us for the purchase of the following goods:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

Ordered on/ received on:

_____________________________________________________________________

Name of the consumer(s):

_____________________________________________________________________

Address of the consumer(s):

_____________________________________________________________________

Signature of the consumer(s):

_____________________________________________________________________

Date:

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V Use of cookies

1. description and scope of data processing

Our website uses cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the user's computer system. When a user calls up a website, a cookie may be stored on the user's operating system. This cookie contains a characteristic string of characters that enables the browser to be uniquely identified when the website is called up again.
We use cookies to make our website more user-friendly. Some elements of our website require that the calling browser can be identified even after a page change. These are, for example, the access data for closed areas of our website that require a log-in.
We also use cookies on our site that enable an analysis of the user's surfing behaviour. The user data collected in this way is pseudonymised by technical precautions. Therefore, it is no longer possible to assign the data to the calling user. The data is not stored together with other personal data of the users.

2. legal basis for the data processing

The legal basis for the processing of personal data using cookies is Art. 6 para. 1 f. DSGVO.

3. purpose of the data processing

The purpose of using technically necessary cookies is to simplify the use of websites for users. Without the use of cookies, not all functions can be offered.
The data collected through technically unnecessary cookies is not used to create user profiles. This type of cookie is also used to improve the quality of our website and content. In this way, we learn how the website is used and can thus constantly optimise our offer.
These purposes also constitute our legitimate interest in processing the personal data pursuant to Art. 6 (1) lit. f DSGVO.

4. duration of storage, possibility of objection and elimination

Cookies are stored on the user's computer and transmitted to our site by the user. Therefore, users also have full control over the use of cookies. By changing the settings in the internet browser, users can deactivate or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent.
The transmission of Flash cookies cannot be prevented via the settings of the browser, but by changing the setting of the Flash player.

VI Contact form and e-mail contact

1. description and scope of data processing

If there are contact forms on our website that can be used for electronic contact and a user takes advantage of this option, the data entered in the input mask will be transmitted to us and stored. Depending on the selected form, this data is usually:

1.1 Name
1.2 Postcode
1.3. e-mail address
1.4. first name
1.5 Address
1.6. place
1.7. country
1.8. telephone
1.9. fax:
1.10. Arrival and departure
1.11. Number of persons
1.12. Number of rooms

The following data is also stored at the time the message is sent:

IP address of the user
Date and time of registration

The user's consent is obtained for the processing as part of the registration process and reference is made to this privacy policy, which also contains the specific consent text below.
Alternatively, it is possible to contact us via the e-mail address provided. In this case, the user's personal data transmitted with the e-mail will be stored.
In this context, the data will not be passed on to third parties. The data is used exclusively for processing the conversation.

2. legal basis for the data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.
The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 (1) lit. f DSGVO. If the e-mail contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b DSGVO.

3. purpose of the data processing

The processing of the personal data from the input mask serves us solely to process the contact. In the case of contact by e-mail, this also constitutes the necessary legitimate interest in processing the data.
The other personal data processed during the submission process serve to prevent misuse of the contact form and to ensure the security of our information technology systems.

4. duration of the storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For the personal data from the input mask of the contact form and those sent by e-mail, this is the case when the respective conversation with the user has ended. The conversation is ended when the circumstances indicate that the matter in question has been conclusively clarified.
The additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

5. possibility of objection and removal

The user has the option to revoke his consent to the processing of personal data at any time. If the user contacts us by e-mail, he or she can object to the storage of his or her personal data at any time. In such a case, the conversation cannot be continued.
The revocation of consent and the objection to storage is possible orally, in writing or by e-mail.
All personal data stored in the course of contacting us will be deleted in this case.

VII Order by a consumer

1. description and scope of data processing

On our website, we offer users the opportunity to order goods. The data is entered into an input mask and transmitted to us and stored.

The following data can be entered:

First name
Last name
E-mail address
Phone
Password
Address
Company
Country
POSTCODE
Location
Username

The following data is also stored at the time the message is sent:

1.1 IP address of the user
1.2. date and time of the order:

The user's consent is obtained for the processing as part of the registration process and reference is made to this privacy policy, which also contains the specific consent text below.

2. legal basis for the data processing

The legal basis for the processing of the data is Art. 6 para. 1 lit. a DSGVO if the user has given his consent.

If the registration serves the fulfilment of a contract to which the user is a party or the implementation of pre-contractual measures, the additional legal basis for the processing of the data is Art. 6 para. 1 lit. b DSGVO.

3. purpose of the data processing

The purpose is to carry out the order.

4. duration of the storage

The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected.

This is the case for data collected during the ordering process for the fulfilment of a contract or for the implementation of pre-contractual measures if the data is no longer required for the implementation of the contract. Even after the conclusion of the contract, it may be necessary to store personal data of the contractual partner in order to comply with contractual or legal obligations.

5. possibility of objection and removal

As a user, you have the option to cancel the order at any time. Users can have the data stored about them changed at any time.

You can contact us by e-mail, telephone or in writing.

However, if the data is required to fulfil a contract or to carry out pre-contractual measures, early deletion of the data is only possible insofar as contractual or legal obligations do not prevent deletion.

VIII Web analysis through Google Analytics

1. scope of the processing of personal data

We use Google Analytics on our website to analyse the surfing behaviour of our users. The software sets a cookie on the user's computer (for cookies, see above). If individual pages of our website are called up, the following data is stored:

1.1. two bytes of the IP address of the calling system of the user
1.2 The accessed web page
1.3 The website from which the user accessed the website (referrer).
1.4 The subpages that are accessed from the accessed website
1.5 The length of stay on the website
1.6 The frequency of access to the website

Google uses cookies. The information generated by the cookie about the use of the online offer by the user is usually transmitted to a Google server in the USA and stored there. Google is certified under the Privacy Shield agreement and thus offers a guarantee of compliance with European data protection law. We only use Google Analytics with IP anonymisation activated. This means that the IP address of the user is shortened by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. The IP address transmitted by the user's browser will not be merged with other data from Google. Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent the collection of the data generated by the cookie and related to their use of the online offer to Google as well as the processing of this data by Google by downloading and installing the browser plugin available under the following link. For more information about Google's use of data, setting and objection options, please visit Google's websites "Data use by Google when you use our partners' websites or apps", "Data use for advertising purposes", "Manage the information Google uses to serve you ads". Google will use this information on our behalf for the purpose of evaluating your use of our website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. In doing so, pseudonymous user profiles of the users can be created from the processed data.

2. legal basis for the processing of personal data

The legal basis for the processing of the users' personal data is Art. 6 para. 1 lit. f DSGVO.

3. purpose of the data processing

The processing of users' personal data enables us to analyse the surfing behaviour of our users. By evaluating the data obtained, we are able to compile information about the use of the individual components of our website. This helps us to continuously improve our website and its user-friendliness.
These purposes are also our legitimate interest in processing the data according to Art. 6 (1) lit. f DSGVO. By anonymising the IP address, the interest of users in their personal data protection is sufficiently taken into account.

4. duration of the storage

Sessions and campaigns are terminated after a certain period of time. By default, sessions are ended after 30 minutes of no activity and campaigns are ended after six months. The time limit for campaigns can be a maximum of two years. Users can find more information on terms of use and data protection at https://www.google.com/analytics/terms/de.html and https://policies.google.com/ respectively.

5. possibility of objection and removal

Cookies are stored on the user's computer and transmitted to our site by the user. Therefore, users also have full control over the use of cookies. By changing the settings in their internet browser, they can deactivate or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent.
Users may also prevent the collection of data generated by the cookie and related to the use of the website (including IP address) by Google and the processing of this data by Google by downloading and installing this browser add-on.
Opt-out cookies prevent the future collection of user data when visiting this website. To prevent collection by Universal Analytics across different devices, users must opt-out on all systems used.

IX Google Marketing and Remarketing

1. scope of the processing of personal data

We use the marketing and remarketing services (Google Marketing Services for short) of Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, ("Google"). Google is certified under the Privacy Shield agreement and thereby offers a guarantee of compliance with European data protection law. Google's marketing services allow us to target advertisements for and on our website in order to present users only with ads that potentially match their interests. For example, if a user is shown ads for products he or she has been interested in on other websites, this is referred to as "remarketing". For these purposes, when our website and other websites on which Google marketing services are active are called up, a code is executed directly by Google and so-called (re)marketing tags (invisible graphics or code, also known as "web beacons") are integrated into the website. With their help, an individual cookie, i.e. a small file, is stored on the user's device (comparable technologies can also be used instead of cookies). The cookies can be set by various domains, including google.com, doubleclick.net, invitemedia.com, admeld.com, googlesyndication.com or googleadservices.com. This file records which websites the user has visited, which content he or she is interested in and which offers he or she has clicked on, as well as technical information on the browser and operating system, referring websites, time of visit and other information on the use of the online offer. The IP address of the user is also recorded, whereby we inform Google Analytics that the IP address is shortened within Member States of the European Union or in other contracting states to the Agreement on the European Economic Area and only in exceptional cases is transmitted in full to a Google server in the USA and shortened there. The IP address will not be merged with user data within other Google offerings. The aforementioned information may also be combined by Google with such information from other sources. If the user subsequently visits other websites, he or she may be shown ads tailored to his or her interests. The user's data is processed pseudonymously as part of Google's marketing services. This means that Google does not store and process the name or email address of the user, for example, but processes the relevant data in a cookie-related manner within pseudonymous user profiles. I.e. from Google's perspective, the ads are not managed and displayed for a specifically identified person, but for the cookie holder, regardless of who this cookie holder is. This does not apply if a user has expressly allowed Google to process the data without this pseudonymisation. The information collected about users by Google marketing services is transmitted to Google and stored on Google's servers in the USA. The Google marketing services we use include the online advertising programme "Google AdWords". In the case of Google AdWords, each AdWords customer receives a different "conversion cookie". Cookies can therefore not be tracked via the websites of AdWords customers. The information obtained with the help of the cookie is used to create conversion statistics for AdWords customers who have opted for conversion tracking. The AdWords customers learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive any information that can be used to personally identify users. We may integrate third-party advertisements based on the Google marketing service "DoubleClick". DoubleClick uses cookies to enable Google and its partner websites to serve ads based on users' visits to this website or other websites on the Internet. We may include third party advertisements based on Google's marketing service "AdSense". AdSense uses cookies to enable Google and its partner websites to serve ads based on users' visits to this website or other websites on the Internet. We may also use the "Google Optimizer" service. Google Optimizer allows us to track the effects of various changes to a website (e.g. changes to the input fields, design, etc.) as part of so-called "A/B testing". For these testing purposes, cookies are placed on the users' devices. Furthermore, we may use the "Google Tag Manager" to integrate and manage the Google analysis and marketing services on our website. For more information on Google's use of data for marketing purposes, please see the overview page; Google's privacy policy is available here.

2. legal basis for the processing of personal data

The legal basis for the processing of the users' personal data is Art. 6 para. 1 lit. f DSGVO.

3. purpose of the data processing

Google's marketing services give us the ability to target advertisements for us and on our website to present users with only ads that potentially match their interests.
These purposes also constitute our legitimate interest in processing the data pursuant to Art. 6 (1) lit. f DSGVO.

4. duration of the storage

According to its own information, the log data collected by Google is anonymised by deleting part of the IP address and cookie information after 9 and 18 months respectively. Users can find more information here.

5. possibility of objection and removal

Cookies are stored on the user's computer and transmitted to our site by the user. Therefore, users also have full control over the use of cookies. By changing the settings in their internet browser, they can deactivate or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website to their full extent.
If users wish to object to interest-based advertising by Google marketing services, they can use the settings and opt-out options provided by Google.

X Rights of the data subject

If personal data of users are processed, they are data subjects within the meaning of the GDPR and they are entitled to the following rights vis-à-vis the controller, whereby the following list includes all their rights, not only the rights that arise when using our services:

1. right to information

Users may request confirmation from data controllers as to whether personal data concerning them is being processed by us.
If such processing is taking place, users may request the following information from the controller:

(1) the purposes for which the personal data are processed;
(2) the categories of personal data which are processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the planned duration of the storage of the personal data relating to you or, if specific information on this is not possible, criteria for determining the storage duration;
(5) the existence of a right to rectify or erase personal data concerning you, a right to obtain the restriction of processing by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) any available information on the origin of the data if the personal data are not collected from the data subject;
8) the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
Users have the right to request information on whether personal data concerning them are transferred to a third country or to an international organisation. In this context, they may request to be informed about the appropriate safeguards pursuant to Article 46 of the GDPR in connection with the transfer.

2. right of rectification

Users have a right of rectification and/or completion vis-à-vis the data controller if the personal data processed concerning them are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.

3. right to restriction of processing

Users may request the restriction of the processing of personal data concerning them under the following conditions:

(1) where users contest the accuracy of the personal data concerning them for a period enabling the controller to verify the accuracy of the personal data;
(2) the processing is unlawful and users object to the erasure of the personal data and request instead the restriction of the use of the personal data;
(3) the controller no longer needs the personal data for the purposes of processing but users need them for the establishment, exercise or defence of legal claims; or
(4) where users have objected to the processing pursuant to Article 21(1) of the GDPR and it is not yet clear whether the legitimate grounds of the controller override their grounds.
Where the processing of personal data relating to users has been restricted, such data may be processed, with the exception of storage, only with their consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of substantial public interest of the Union or of a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, users will be informed by the controller before the restriction is lifted.

4. right to erasure

4.1 Obligation to delete

Users may request the controller to delete personal data concerning them without delay and the controller is obliged to delete such data without delay if one of the following reasons applies:

(1. Personal data concerning users shall no longer be necessary for the purposes for which they were collected or otherwise processed.
(2) Users revoke their consent on which the processing was based pursuant to Art. 6(1)(a) or Art. 9(2)(a) DSGVO and there is no other legal basis for the processing.
(3) Users object to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or they object to the processing pursuant to Article 21(2) of the GDPR.
(4) The personal data concerning the user have been processed unlawfully.
(5) The deletion of personal data concerning users is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
(6) The personal data concerning the user have been collected in relation to information society services offered pursuant to Article 8(1) of the GDPR.

4.2 Information to third parties

If the controller has made the personal data concerning the user public and is obliged to erase it pursuant to Article 17(1) of the GDPR, it shall take reasonable steps, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to, or copies or replications of, that personal data.

4.3 Exceptions

The right to erasure does not exist insofar as the processing is necessary

(1) to exercise the right to freedom of expression and information;
(2) for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
(3) for reasons of public interest in the area of public health pursuant to Art. 9(2)(h) and (i) and Art. 9(3) DSGVO;
(4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1) of the GDPR, where the right referred to in Section (a) is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
(5) to assert, exercise or defend legal claims.

5. right to information

Where users have exercised the right to rectification, erasure or restriction of processing vis-à-vis the controller, the controller is obliged to communicate this rectification or erasure of the data or restriction of processing to all recipients to whom the personal data relating to users have been disclosed, unless this proves impossible or involves a disproportionate effort.
Users have the right to be informed of these recipients by the controller.

6. right to data portability

Users have the right to receive the personal data concerning them that they have provided to the controller in a structured, commonly used and machine-readable format. In addition, users have the right to transmit this data to another controller without hindrance from the controller to whom the personal data has been provided, provided that

(1) the processing is based on consent pursuant to Art. 6 para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 para. 1 lit. b DSGVO and
(2) the processing is carried out with the aid of automated procedures.

In exercising this right, users also have the right to have personal data relating to them transferred directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to data portability shall not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
The right to data portability shall not apply to processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

7. right of objection

Users have the right to object at any time, on grounds relating to their particular situation, to the processing of personal data relating to them which is carried out on the basis of Article 6(1)(e) or (f) DSGVO; this also applies to profiling based on these provisions.
The controller shall no longer process the personal data concerning the user unless it can demonstrate compelling legitimate grounds for the processing which override their interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.
If personal data concerning users are processed for the purpose of direct marketing, users have the right to object at any time to the processing of personal data concerning them for the purpose of such marketing; this also applies to profiling insofar as it is related to such direct marketing.
If users object to processing for direct marketing purposes, the personal data concerned will no longer be processed for these purposes.
Notwithstanding Directive 2002/58/EC, users have the possibility to exercise the right to object in the context of the use of information society services by means of automated procedures using technical specifications.

8. right to revoke the declaration of consent under data protection law

Users have the right to revoke their declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.

9. automated decision in individual cases including profiling

Users have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between them and the responsible person,
(2) is authorised by Union or Member State legislation to which the controller is subject and that legislation contains adequate measures to safeguard their rights and freedoms and legitimate interests; or
(3) is done with their express consent.
However, these decisions must not be based on special categories of personal data pursuant to Art. 9(1) of the GDPR, unless Art. 9(2)(a) or (g) of the GDPR applies and appropriate measures have been taken to protect the rights and freedoms and your legitimate interests.
With regard to the cases referred to in (1) and (3), the controller shall take reasonable steps to safeguard the rights and freedoms of, and the legitimate interests of, the data subject, including at least the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.

10. right to complain to a supervisory authority

Without prejudice to any other administrative or judicial remedy, users shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their residence, place of work or the place of the alleged infringement, if they consider that the processing of personal data concerning them infringes the GDPR.
The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.

XI Consents (consent texts)

1. contact form

I consent to the processing of my data entered in the data entry screen for the purpose of responding to my contact request, whereby processing according to Art. 4 No. 2 DSGVO, processing means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, filing, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.