Protection of your personal data is very important for us and we want you to feel secure while visiting our FIBALON® Internet pages. We process personal data that are gathered while visiting our websites, according to legal regulations, especially data from the General Data Protection Regulation (EU-DSGVO) and the Telemedia Act (TMG). We use the information that you voluntarily provided only to fulfill and process your order or your inquiry for FIBALON® products.
Personal data are individual details about personal or factual circumstances of a specific or identifiable natural person. This includes, for example, information such as your name, address, e-mail address, company details, phone number and other information about you or your company. Personal information may include information that is available in public. For example, information from social networks, such as social networking sites like Facebook, LinkedIn, Twitter, Google and other service providers. Personal data is the information that enable an identification of a person – for us to process your order or answer your queries. This includes in particular the examples of information mentioned above. For example, your favorite websites or the number of users of a page do not constitute personal information.
The Internet and the webpage from FIBALON offer the possibility to put in your personal or business data (E-Mail addresses, names, addresses etc.) – for example in the contact form – the surrender of these data takes place on the part of the user on expressly voluntary basis for the handling of the user initiated order or request. The use of all offered services is – as far as technically possible and reasonable – also without specification of such data or under specification of anonymized data or a pseudonym allowed. By correctly specifying the optional data, however, you enable us to maintain you personally and individually and to answer your request as precisely as possible. The specification of the address data by the user is voluntary for processing an order and is initiated by the user. Every time a user accesses a page from our website and every time a file is opened, access data about this process can be stored in a log file on our specially secured server. Here is it possible that we save for example the IP address, the page from which the file was requested, date, time, browser type and browser settings, operating system, the page you visited, amount of data transferred, access status (file transfer, file not found, etc.). From this data, statistics can be generated, which help us to further adapt our appearance on the World Wide Web to your needs. A personal reference can only be derived from this, if you sign in directly on our website (for example via a contact form) or access our website from a personalized page. A transfer of this data to third parties, even in excerpts, never takes place in any case.
You can set your browser so that you are informed about the setting of cookies and individually decide on their acceptance or exclude the acceptance of cookies for specific cases or in general. Failure to accept cookies may limit the functionality of our website. Our website uses Google Analytics from Google Inc. („Google“). Google Analytics uses the cookies, that allow an analysis of the use of the website. The information generated by the cookie about your use of this website is usually transmitted to a Google server and stored there. However, if IP anonymization is activated on this website, your IP-address will be shortened by Google beforehand within member states of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP-address be sent to a Google server in the US and shortened there. In order of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator. The IP-address provided by Google Analytics as part of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies by a corresponding setting of your browser software (by yourself). You may also prevent the collection of the cookie-generated and related to your use of the website data (including your IP-address) to Google and the processing of this data by Google (see: https://tools.google.com / dlpage / gaoptout? hl = en). On our website social plugins („plugins“) of the social network Facebook can be implemented or used. The plugins are clearly marked with a well-known Facebook logo. When you visit a page of our website that contains such a plugin, your browser connects directly to the Facebook servers. The content of the plugin is transmitted by Facebook directly to your browser and integrated into the page. Through this integration, Facebook receives the information that your browser has accessed the corresponding page of our website, even if you do not have a Facebook profile or if you are currently not logged into Facebook. This information is transmitted by your browser to a server of Facebook and directly saved there.
If you are logged in to Facebook, it can immediately assign the visit to our website to your Facebook profile. If you interact with the plugins, click them or leave a comment, this information is also transmitted directly to a Facebook server and stored there. For more information please see: https://www.facebook.com/help/568137493302217. If you do not want Facebook to directly assign the data collected via our website to your Facebook profile, you must log out of Facebook before visiting our website. FIBALON GmbH takes all necessary technical and organizational security measures to protect your personal data from loss and misuse. This saves your data in a secure operating environment that is inaccessible to the public. To update the IT security, FIBALON® constantly invests in new IT security solutions. Should you want to contact FIBALON GmbH by e-mail, we point out that the confidentiality of the transmitted information is not guaranteed. The content of emails may be viewed by third parties. We therefore recommend that you send us confidential information only by post. If you send us an e-mail, this is your own will. FIBALON GmbH does not send any (!) Newsletters and thus does not work with service partners who do that.
Please contact us at any time if you would like more detailed information. Furthermore, you have the right to restrict processing (Art. 18 GDPR), the right to object to processing (Art. 21 GDPR) and the right of data transferability (Art DSGVO). In these cases, please contact us directly.
Personal data is used by us only for internal purposes. A passing on to third parties does not take place. Surveys of personal data and their transmission to government institutions and authorities entitled to receive information are only made within the framework of the relevant laws or insofar as we are obliged to do so by court order. All employees and service companies have been obliged by us to secrecy and to comply with the data protection regulations.
General terms and conditions
§ 1. General information
These general terms and conditions (GTCs) apply to all offerings and deliveries of FIBALON GmbH to companies within the meaning of the BGB [German Civil Code]. Conditions of the co-contractor which conflict or deviate from these are to be disregarded, unless they are explicitly accepted in writing. All oral information and agreements, especially if given/made by the FIBALON GmbH sales force, agents or employees, require the written explicit confirmation of FIBALON GmbH in order for them to be binding on FIBALON GmbH.
§ 2. Delivery and delivery times
Business is not concluded with FIBALON GmbH on the basis of a fixed date in any case. The stated delivery periods constitute approximate information, merely referring to approximate delivery period. If, in individual cases, a delivery deadline is agreed in writing, this is to deemed to have been met if the product to be delivered is dispatched by that deadline or if – insofar as the buyer is to collect it – the buyer has been notified of the product’s readiness for dispatch.
In the event of force majeure or of exceptional occurrences which are beyond the influence of FIBALON GmbH and which make delivery within the agreed delivery period more difficult or impossible (e.g. strikes, illnesses, disruptions in the business operations of the upstream suppliers), the delivery period shall be extended by the duration of the hindrance. FIBALON GmbH shall notify the buyer immediately upon the onset of such events as soon as it determines that the delivery period will be affected. FIBALON GmbH will at the same time advise on the expected duration of the required extension of the delivery period. FIBALON GmbH is also entitled, in these cases of unavailability, to withdraw from the contract, if it has not yet been fulfilled. FIBALON GmbH shall notify the buyer immediately after becoming aware of the lack of availability, if it withdraws from the contract.
If FIBALON GmbH is delayed in delivery, an additional delivery period of 15 days begins to run. The buyer can only withdraw from the contract after this additional period has expired without result, and is limited to the unfulfilled part of the delivery obligation, if it notifies FIBALON GmbH in writing after the occurrence of delayed delivery that it will refuse the fulfilment of the contract after the fruitless expiry of a grace period of at least 18 days. The buyer may in this case only demand damages for non-fulfilment instead of the right of withdrawal if FIBALON GmbH or its agents have caused the delay in delivery intentionally or through gross negligence. Exceptionally, the buyer under the above assumption shall be entitled, in the case of a partial delay in delivery by FIBALON GmbH, to withdraw from the whole contract or to claim damages for non-fulfilment of the entire delivery obligation if the partial fulfilment of the contract is of no benefit to the buyer, subject to rigorous assessment criteria.
§ 3. Prices
The prices are net prices ex works, unless otherwise agreed in writing. The VAT applicable at the time of the order will be shown separately in the invoice.
§ 4. Payment
Unless otherwise agreed, the following payment conditions apply: The purchase price must be paid within 30 days of invoicing. After this period counterparty is deemed to be in default.
§ 5. Offsetting and right of retention
a) The co-contractor has a right to offset only if its counterclaims have been legally established or are undisputed.
b) The co-contractor has a right of retention only insofar as its counterclaim is based on the same contractual relationship.
§ 6. Transfer of risk during shipment
If the goods are dispatched at the request of the co-contractor, then Section 447 BGB applies. This rule applies regardless of who bears the freight charges, or of whether the shipment of goods is from the place of performance. FIBALON GmbH is obliged to have transit insurance in place only at the express request of the buyer. The costs are to be borne by the buyer.
§ 7. Retention of title
The goods remain the property of FIBALON e.K until the full payment of all claims resulting from the supply contract. The co‑contractor is obliged to handle the goods carefully up until the transfer of title. Should the product be seized before the transfer of ownership or should it be subject to other interventions by third parties, FIBALON GmbH must be notified thereof immediately in writing. Should the third party not be able to reimburse the judicial and extrajudicial costs of successful third-party proceedings or other legal remedies, the co-contractor is obliged to compensate for the resulting damage.
The co-contractor is entitled to resell the goods in the ordinary course of business. The resulting claims of the co-contractor will be assigned to FIBALON GmbH at the amount of the claim resulting from this delivery (including VAT). This applies regardless of whether the goods subject to retention of title have been resold without being processed or after processing. FIBALON GmbH hereby accepts this assignment.
The co-contractor remains entitled to collect the assigned claim, whereby FIBALON GmbH’s authority to collect the claim itself remains unaffected. The claim will not, however, be collected by FIBALON GmbH as long as the co-contractor fulfils its payment obligations.
With regard to the processing and combination of the goods subject to retention of title with other items not owned by FIBALON GmbH, FIBALON GmbH shall acquire joint ownership of the new item in a proportion of the objective value of the goods subject to retention of title to that of the other processed items as at the time they are combined. The same applies to mixing, even if the item owned by FIBALON GmbH is not regarded as the main item. In this case it is agreed that the FIBALON GmbH’s co-contractor shall transfer FIBALON GmbH the relevant proportion of the corresponding co-ownership and keep it safe for FIBALON GmbH.
§ 8. Liability and warranty exclusion
The buyer undertakes to carefully check the goods immediately after receiving them. It must notify FIBALON GmbH, in writing, of all defects and complaints within 10 days of receipt. Where the buyer is an entrepreneur under Section 14 BGB, the defects and complaints must be demonstrated and evidenced by a photograph.
Warranty rights do not exist if the buyer makes changes to the delivered goods, provokes such changes or tolerates them by third parties. In the event that the prescribed application areas for the acquired product type and the predetermined processing rules are not adhered to, FIBALON GmbH rules out any warranty or product liability.
Commercial and/or minor and/or technically unavoidable deviations in quality, colour, weight and dimensions in the execution or design do not signify an entitlement to send a notification of defect, and do not lead to warranty claims, unless such compliance has been expressly agreed in writing.
In the case of defects, FIBALON GmbH is entitled to rectify them or supply a defect-free replacement within two weeks after receipt of the returned goods. The return of the goods is only permitted if FIBALON GmbH has agreed to this. If FIBALON GmbH selects rectification or the delivery of a replacement and this fails, the buyer may – at its discretion – demand a reduction of the purchase price or withdraw from the contract with regard to the goods for which rectification or replacement has failed.
The buyer may assert a right of retention to the purchase price owed by the buyer, where this right is due to material defects or omissions, only in respect of that part of the sum which it would owe for the defective or missing parts in the event of correct contractual delivery. Any further withholding of payments to FIBALON GmbH entitles the latter to refuse to fulfil its warranty obligations until receipt of such payments.
The limitation period for warranty claims for new objects/services is one year from the transfer of risk. By contrast, the statutory limitation period remain unaffected as per Section 478 BGB.
Where the buyer’s complaint is deemed to be unjustified, the buyer shall bear the shipping costs of returning the goods. Furthermore, the buyer shall bear a processing fee of 5,00 Euro per item, for which FIBALON GmbH will send an invoice upon returning the goods, unless the buyer can prove that lower costs were incurred than the calculated fee.
Claims of the buyer, and in particular for damages, consequential damages or lost profits are excluded, unless they are based on an intentional or grossly negligent infringement by FIBALON GmbH or by its legal representative or agents.
Should FIBALON GmbH, even in the case of simple negligence, be liable for damage compensation due to special agreements or mandatory statutory provisions, then the amount FIBALON GmbH is liable to pay by way damages is limited to 100% of the value of the goods to be delivered, and is limited to that damage which FIBALON GmbH should have foreseen upon contract conclusion, taking into account all possible consequences of breaching the contract known to it in practice at that time, or of other acts which would oblige it to pay damage compensation. In the case of a delay, damage compensation is also limited to a maximum of 0.5% of the value of the goods to be delivered for each full week of delay.
The liability of FIBALON GmbH for expenditures in the context of expansions or installations according to § 439 Abs. 3 BGB is excluded.
§ 9. Place of performance and jurisdiction
The place of performance and exclusive jurisdiction for all disputes arising from this contract is Munich, or the competent district court / chambers for commercial matters if both parties are merchants. This also applies disputes regarding bills of exchange and cheques.
§ 10. Miscellaneous
The law of the Federal Republic of Germany, excluding the CISG, applies exclusively to this contract and to the entire legal relationship between the parties. This law is also crucial for assessing whether a buyer has agreed, upon conclusion of the contract or at a later date, with the validity of these general terms and conditions.
In the event that individual provisions are or become invalid, the remaining provisions shall remain unaffected. Invalid provisions shall be replaced by the relevant statutory provisions.
If these General Terms and Conditions are translated into a language other than German, the German provisions shall take precedence in the case of any doubt.
Date: January 2018
FIBALON® and DyFix® are registered trademarks of FIBALON GmbH in Germany and / or other countries.
Responsible for the collection, processing and use of your personal data within the meaning of the GDPR (DSGVO) is: