Terms and Conditions
§ 1 Scope of application
For sale of movable goods by STAHLWERK Schweißgeräte Deutschland GmbH using this homepage as well as via the trading platform Ebay, the following general terms and conditions apply, as long as no individual agreements exist.
§ 2. Applicable law and contractual language
The contract language is German only. Another contract language must be expressly agreed. Such an express agreement cannot be made solely by the fact that an employee of STAHLWERK speaks with the customer at his request in another language.
§ 3 Definitions
The terms consumer and entrepreneur as defined in § 13 and 14 of the German Civil Code (BGB) in the version valid as of 13.06.2014. Consumers are, therefore, any natural person who enters into a legal transaction for purposes which cannot be attributed primarily to their commercial or self-employed occupation. Entrepreneur is a natural or legal person or a legal person who is acting in the exercise of his commercial or independent professional activity when a legal transaction is concluded. A legal person is a company with the capacity to acquire rights and to pay debts.
§ 4 Conclusion of contract and correction of entries
For the conclusion of the contract on eBay only the general terms and conditions of eBay apply. Specifically, the achievement is determined by § 6 of the eBay terms and conditions.
§ 5 Reservation of title
Delivered goods remain the property of STAHLWERK until full payment of the purchase price.
§ 6 Manufacturing guarantee
A warranty granted by the manufacturer of the goods, for example, shall remain unaffected by these general terms and conditions. A possible manufacturing guarantee does not limit legal claims.
§ 7 Right of rescission
The statutory right of rescission, which is attributable to the customer, in particular the right of rescission pursuant to § 312 g BGB in conjunction with § 355 BGB, shall remain unaffected by these terms and conditions.
§ 8 Deficiency claims and damages
8.1 Joint arrangements for contracts with all customers, in particular consumers and entrepreneurs.
In the case of a violation of life, body and health, in the case of gross negligence, willful intent, fraudulent or delictual liability as well as in cases which have been used for a building according to their normal use and which have causes deficiency, the legal provisions apply without restriction.
If one of the above – The statutory provisions are restricted as follows:
Compensation claims are excluded, unless a rescission is not considered for practical reasons. In this case claims for damages shall be retained in the statutory scope, but only for entrepreneurs, if not in B. is determined otherwise. Compensation claims are excluded, unless a rescission is not considered for practical reasons. In this case claims for damages shall be retained in the statutory scope, but only for entrepreneurs, if not in B. is determined otherwise.
8.2 Restrictions on contracts with entrepreneurs.
If you did not act exclusively or predominantly in the course of a commercial or self-employed professional activity during the conclusion of the contract, the limitation period for the deficiencies in § 437 No. 1 and No. 3 of the German Civil Code (BGB) is, if not in case of section 437 (1) No. 1 or no. 2 of the German Civil Code (BGB), one year after receipt of the goods.
In case of sales contracts relating to the aforementioned items, the limitation period for the claims named in § 437 No. 2 BGB is two years from receipt of the goods, unless a case of § 438 para. 1 no 1 or no.
Claims for damages on the grounds of simple negligence on the part of STAHLWERK shall be excluded, unless STAHLWERK is responsible for any additional negligence on the part of the person performing the fulfillment and fulfillment of the fulfillment of the contract is permissible cardinal obligations.
Compensations claims are limited to the damage typically incurred in transactions of the present type.
§ 9 Jurisdiction
Exclusive court of jurisdiction for all disputes between STAHLWERK and merchants, legal persons of public law or public special fund within the meaning of § 38 paragraph 1 ZPO or purchase contracts concluded using this homepage is Bonn.
§ 10 Online Dispute Resolution
Platform of the EU Commission regarding online dispute resolution: https: ec.europa.eu/consumers/odr. Consumers have the opportunity to use this platform to resolve their disputes.
§ 11 Contract text storage
11.1 Homepage
We save the contract text and send you the order data by e-mail. You can view your past orders in the Login section if you have registered as a customer and logged in via the website with your access data.
11.2 eBay
We save the contract text and send you the order data by e-mail. The contract text is also stored by eBay as an eBay website after the conclusion of the contract up to 90 days and can be viewed by you on eBay by entering the respective article number.
§ 12 Data Privacy Statement
You can read the full data privacy statement on our Homepage.
Responsible body for processing according to DS-GVO
The person responsible within the meaning of the General Data Protection Regulation and other data protection laws and other provisions of a data protection law in the Member States of the European Union is:
Stahlwerk Schweissgeräte Deutschland GmbH
Mainstrasse 4
53332 Bornheim
Data protection
We conduct our activities in accordance with applicable personal data protection and data security legislation. If you have any questions, feel free to contact our data protection officer:
Mannus Weiß
Keyed Bonn GmbH
m.weiss@keyed.de
www.keyed.de
12.1. What is personal data?
The concept of personal data is defined in the Federal Data Protection Act and in the EU-DS-GVO. Thereafter, these are individual statements about personal or material circumstances of a specific or identifiable natural person. This includes, for example, your real name, your address, your telephone number or your date of birth.
12.2. Scope of anonymous data collection and data processing
Unless otherwise stated in the following sections, no personal data is collected, processed or used when using our websites. However, we learn about the use of analysis and tracking tools certain technical information based on the data transmitted by your browser (for example, browser type / version, operating system used, visited websites including us, length of stay, previously visited website). We only evaluate this information for statistical purposes.
12.3. Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (DS-GVO) as the legal basis for the processing of personal data.
In the processing of personal data necessary for the performance of a contract of which the data subject is a party, Art. 6 para. 1 lit. b DS-GMO as legal basis. This also applies to processing operations required to carry out pre-contractual measures.
Insofar as the processing of personal data is required to fulfill a legal obligation that our company is subject to, Art. 6 para. 1 lit. c DS-GMO as legal basis.
In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d DS-GMO as legal basis.
If processing is necessary to safeguard the legitimate interests of our company or a third party, and if the interest, fundamental rights and fundamental freedoms of the data subject do not outweigh the former interest, Art. 6 para. 1 lit. f DS-GMO as legal basis for processing.
12.4 Disclosure of data when using online payment service providers
If you decide in the course of your order process for a payment with one of the online payment service providers we offer, your contact details will be sent to the order. The lawfulness of the transfer of the data results from Art. 6 para. 1 lit. b DSGVO, for the execution of your chosen payment method as well as our legitimate interests acc. Art. 6 para. 1 lit. f DSGVO to enable user-friendly and uncomplicated payment processing.
The personal data transmitted to the online payment service provider is usually a first name, last name, address, IP address, e-mail address, or other data required for order processing, as well as data related to the Services, such as the type of service, the identity of the recipient, the invoice amount and taxes in percent, billing information, etc.
This submission is necessary to carry out the service with the payment method you have selected, in particular to confirm your identity, to administer your payment and the customer relationship.
Please note, however, that personal data may also be disclosed by the online payment service provider to service providers, subcontractors or other affiliated companies, as far as this is necessary to fulfill the contractual obligations arising from your order or if the personal data are to be processed in the order.
Depending on the selected payment method, e.g. Invoice or direct debit, the personal data transmitted to the provider will be transmitted by the provider to credit reference agencies. This submission is used for identity and credit checks related to the order you have placed. You can find out from the respective data protection declarations of the providers about which credit agencies are involved and which data are generally collected, processed, stored and forwarded by the respective provider:
a. American Express American Express Services Europe Limited. Branch: Frankfurt am Main, Theodor-Heuss-Allee 112, 60486 Frankfurt am Main on .americanexpress.com/de/legal/online-datenschutzerklarung.html
b. Mastercard Europe SA, Chaussée de Tervuren 198A, B-1410 Waterloo, Belgium on .mastercard.de/de-de/datenschutz.html
c. Visa Europe Services Inc., Branch: London, 1 Sheldon Square , London W2 6TT , Vereinigtes Königreich on .visa.de/nutzungsbedingungen/visa-privacy-center.html
d. PayPal (Europe) S.à.r.l. & Cie. S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg on .paypal.com/de/webapps/mpp/ua/privacy-full
e. Amazon Payments Europe s.c.a., und secondary on Amazon EU SARL, Amazon Services Europe SARL und Amazon Media EU SARL, all three resident in 5, Rue Plaetis L 2338 Luxemburg (in the following »Amazon Payments«) on pay.amazon.com/de/help/201751600
12.5 Routine deletion and blocking of personal data
The controller processes and stores the personal data of the data subject only for as long as necessary to achieve the purpose of the storage. In addition, such storage may take place if provided for by the European or national legislator in EU regulations, laws or other regulations to which the person responsible for the processing is subject.
As soon as the storage purpose is removed or a storage period prescribed by the aforementioned regulations expires, the personal data is routinely blocked or deleted.
12.6 Rights of the data subject
If personal data is processed by you, you are i.S.d. DS-GVO and you have the following rights to the responsible person:
12.6.1 Right to information
You may ask the person in charge to confirm if personal data concerning you is processed by us.
If such processing is available, you can request information from the person responsible about the following information:
a. the purposes for which the personal data are processed;
b. the categories of personal data that are processed;
c. the recipients or categories of recipients to whom your personal information has been disclosed or is still being disclosed;
d. the planned duration of the storage of your personal data or, if specific information is not available, criteria for determining the duration of storage;
e. the existence of a right to rectification or deletion of your personal data, a right to restriction of processing by the controller or a right to object to such processing;
f. the existence of a right of appeal to a supervisory authority;
g. all available information on the source of the data if the personal data are not collected from the data subject;
h. the existence of automated decision-making including profiling under Article 22 (1) and (4) DS-BER and - at least in these cases - meaningful information about the logic involved and the scope and intended impact of such processing on the data subject.
You have the right to request information about whether your personal information is being transferred to a third country or to an international organization. In this regard, you can request the appropriate warranties in accordance with. Art. 46 DS-BER in connection with the transfer
12.6.2 Right to rectification
You have a right to rectification and / or completion to the controller, if the personal data you process is incorrect or incomplete. The person in charge must make the correction without delay.
12.6.3 Right to restriction of processing
You may request the restriction of the processing of your personal data under the following conditions:
a. if you deny the accuracy of your personal information for a period of time that enables the controller to verify the accuracy of your personal information;
b. the processing is unlawful and you refuse to delete the personal data and instead request the restriction of the use of the personal data;
c. the controller no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims; or
d. if you objected to the processing pursuant to Art. 21 para. 1 DS-GVO and it is not yet certain whether the legitimate reasons of the person responsible prevail over your reasons.
If the processing of your personal data has been restricted, these data may be stored, except for their storage, only with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or for the public good of the Union or a Member State.
If the limitation of the processing according to the o.g. If conditions are restricted, you will be informed by the person in charge before the restriction is lifted.
12.6.4 Right to cancellation
12.6.4.1 You may require the controller to delete your personal information immediately, and the controller is obliged to delete that information immediately if one of the following is true:
a. Your personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
b. You revoke your consent to the processing gem. Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a DS-GMO and there is no other legal basis for processing.
c. You gem gem. Art. 21 para. 1 DS-GVO objection to the processing and there are no prior justifiable reasons for the processing, or you lay gem. Art. 21 (2) DS-GVO Opposition to processing.
d. Your personal data has been processed unlawfully.
e. The deletion of personal data concerning you is required to fulfill a legal obligation under Union law or the law of the Member States to which the controller is subject.
f. The personal data relating to you were collected in relation to information society services offered pursuant to Article 8 (1) of the GDPR.
12.6.4.2 Has the person responsible made your personal data public and is he in accordance with. Article 17 (1) of the GDPR requires that they be erased, taking due account of the technology available and the implementation costs, including appropriate technical measures to inform data controllers who process the personal data that you if you have requested the deletion of any links to such personal data or copies or replications of such personal data.
12.6.4.3 The right to erasure does not exist if the processing is necessary
a. to exercise the right to freedom of expression and information;
b. to fulfill a legal obligation which requires processing under the law of the Union or of the Member States to which the controller is subject, or to carry out a task which is in the public interest or in the exercise of official authority delegated to the controller;
c. for reasons of public interest in the field of public health pursuant to Art. 9 (2) lit. h and i and Art. 9 (3) DS-BER;
d. for archival purposes of public interest, scientific or historical research purposes or for statistical purposes acc. Article 89 (1) DS-BER, in so far as the law referred to in paragraph 1 is likely to render impossible or seriously affect the achievement of the objectives of that processing, or
e. to assert, exercise or defend legal claims.
12.6.5 Right to information
If you have the right of rectification, erasure or restriction of the processing to the controller, he / she is obliged to notify all recipients to whom the personal data concerning you have been corrected or deleted or processing restricted, unless: this proves to be impossible or involves a disproportionate effort.
You have the right to be informed about these recipients.
12.6.6 Right to Data Portability
You have the right to receive your personal information provided to the controller in a structured, common and machine-readable format. You also have the right to transfer this data to another person without hindrance by the person responsible for providing the personal data, provided that
a. the processing on a consent acc. Art. 6 para. 1 lit. a DS-GVO or Art. 9 para. 2 lit. a DS-GVO or on a contract acc. Art. 6 para. 1 lit. b DS-GMO is based and
b. the processing is done by automated methods.
In exercising this right, you also have the right to have your personal data transmitted directly from one controller to another, as far as technically feasible. Freedoms and rights of other persons may not be affected.
The right to data portability does not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority delegated to the controller.
12.6.7 Right to object
For reasons arising from your particular situation, you have the right at any time against the processing of your personal data, which pursuant to Art. 6 para. 1 lit. e or f DS-GVO takes an objection; this also applies to profiling based on these provisions.
The controller will no longer process your personal information unless it can demonstrate compelling legitimate grounds for processing that outweigh your interests, rights and freedoms, or the processing is for the purposes of asserting, exercising or defending legal claims.
If your personal data is processed to operate direct mail, you have the right to object at any time to the processing of your personal data for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct mail.
If you object to the processing for direct marketing purposes, your personal data will no longer be processed for these purposes.
Regardless of Directive 2002/58 / EC, you have the option, in the context of the use of information society services, of exercising your right to opt-out by means of automated procedures that use technical specifications.
12.6.8 Right to revoke the data protection consent declaration
You have the right to revoke your privacy statement at any time. The revocation of consent does not affect the legality of the processing carried out on the basis of the consent until the revocation.
12.6.9 Automated decision on a case-by-case basis, including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which has a legal effect on you or, in a similar manner, significantly affects it. This does not apply if the decision
a. is required for the conclusion or performance of a contract between you and the controller,
b. is permitted under Union or Member State legislation to which the controller is subject, and where such legislation contains appropriate measures to safeguard your rights and freedoms and your legitimate interests, or
c. with your express consent
However, these decisions must not be based on special categories of personal data pursuant to Art. 9 (1) DS-GVO, unless Art. 9 (2) lit. a or g and reasonable measures have been taken to protect the rights and freedoms and your legitimate interests.
Regarding the in a. and c. In such cases, the person responsible shall take reasonable steps to safeguard the rights and freedoms as well as your legitimate interests, including at least the right to obtain the intervention of a person on the part of the person responsible, on the statement of his own position and on contesting the decision.
12.6.10 Right to complain to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to complain to a supervisory authority, in particular your Member State of residence, employment or the place of the alleged infringement, if you believe that the processing of your personal data is contrary to the GDPR contrary.
The supervisory authority to which the complaint has been submitted shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy pursuant to Article 78 of the DSBER Regulation.
12.7. Duration of storage of personal data
Personal data is stored for the duration of the respective statutory retention period. After expiry of the deadline, the data will be routinely deleted, unless there is a need for a contract or fulfilment of the contract.
12.8. Security
We have taken extensive technical and operational precautions to protect your data from accidental or intentional manipulation, loss, destruction or access by unauthorized persons. Our security procedures are regularly reviewed and adapted to technological progress. In addition, privacy is granted to us on an ongoing basis, through constant auditing and optimization of the privacy organization.
Stahlwerk Schweissgeräte e.K reserves all rights to make changes and updates to this Privacy Policy. This Privacy Policy was created on 01.02.2019 by the Keyed Bonn GmbH.
13.1 Warrantor
STAHLWERK Schweißgeräte Deutschland GmbH grants all customers directly from STAHLWERK Schweißgeräte Deutschland GmbH In addition to the statutory warranty claims of the German Civil Code (BGB), electronic welding equipment of the brand Stahlwerk obtains a seven-year durability guarantee within the meaning of § 443 BGB in accordance with the following guarantee conditions.
Guarantor is the company:
STAHLWERK Schweissgeräte Deutschland GmbH
Mainstrasse 4
53332 Bornheim
Telefon: +49 (0)228 24331713
Telefax: +49 (0)228 24331723
E-Mail: info@stahlwerk-schweissgeraete.de
www.stahlwerk-schweissgeraete.de
The guarantee must be claimed to the guarantor.
13.2 Personal scope
The warranty applies to entrepreneurs and consumers alike.
13.3 Spatial scope
The guarantee is valid worldwide.
13.4 Material scope
The seven-year guarantee is only valid for electronic welding equipment, plasma cutters, car battery chargers, filter cassettes of the welding helmets and air compressors of the STAHLWERK brand, which were delivered by STAHLWERK Schweißgeräte Deutschland GmbH from 01.01.2020. For equipment delivered by STAHLWERK Schweißgeräte Deutschland e. K. until 31.12.2019 the previous five-year guarantee shall continue to apply, which, except for the shorter guarantee period, has the same content as the current seven-year guarantee
13.5 Technical scope
The warranty covers all components in the housing of the device. In particular, it refers to the board and the inverter. It does not extend to the housing and its external components and connectors, such as the hose package or grounding pliers. It also does not extend to included accessories that are not used inside the device.
13.6 Content of the warranty claim
The warranty gives you the right to free repair of any damaged parts covered by the warranty.
13.7 Additional power of delivery
STAHLWERK Schweissgeräte Deutschland GmbH is entitled to deliver a new device instead of the repair.
13.8 Replacement authority for discontinued models
If an identical device at the time of assertion of the warranty claim of STAHLWERK welding equipment Germany GmbH or the manufacturer of the device, STAHLWERK Schweissgeräte Deutschland GmbH is entitled to deliver to the customer, in fulfillment of his warranty claim, a device which corresponds fully to the technical requirements of the device and which is equivalent or of higher quality and not identical in construction. Equivalence does not depend on the replacement value at the time of the warranty claim but on the value at the time of purchase.
13.9 Exclusion of further claims, in particular for damages
Further claims under the guarantee do not exist. In particular, there are no claims for damages and, in particular, no compensation for consequential damages.
13.10 Duration and beginning of the warranty
The warranty period is seven years and begins with receipt of the goods. Example: Receipt of the goods on 30.06.2020. Start of the guarantee period: 30.06.2020. End of the guarantee period: 29.06.2027.
13.11 Relationship to legal claims
The guarantee applies in addition to the statutory warranty claims. These are not limited by the warranty in any way.
13.12 Assertion
The warranty is to be asserted by sending the repair request in writing to STAHLWERK Schweißgeräte Deutschland GmbH and the device is sent to STAHLWERK Schweißgeräte Deutschland GmbH is sent. To maintain the warranty period (= end of the warranty period, see above section 10), the receipt of the request for repair in writing within the warranty period, if the goods in the STAHLWERK Schweissgeräte Deutschland GmbH within one week of the end of the warranty period.
13.13 Shipping costs
The costs of shipping to STAHLWERK Schweißgeräte Deutschland GmbH bears the customer. The costs of the return shipment from the manufacturer STAHLWERK Schweißgeräte Deutschland GmbH STAHLWERK contributes to the customer.
If the Buyer s registered address at the time of the guarantee case differs from its registered address at the time of purchase, and if the registered address at the time of the guarantee case is not in a member state of the European Union, Norway or Switzerland, Stahlwerk shall only bear the costs of return shipment that would be incurred if a return shipment were made to the Buyer s registered address at the time of conclusion of the purchase agreement. Due to the additional costs Stahlwerk may make the return shipment subject to prior reimbursement by the buyer.
13.14 Exclusion of warranty
The guarantee is excluded if the defect was caused by improper handling of the device. The guarantee is excluded in particular if the defect is due to the fact that the customer has not observed the instructions for use or has carried out repair work inside the device himself. The warranty is also excluded if the defect was caused by an accidental external event.
