General information

ZAK TORMAX GmbH

Zeller Gewerbezentrum 17
D-64732 Bad König / Zell​

Telephone:  +49 6063 57 84 0
Fax:  +49 6063 57 84 10

E-Mail:   
Internet: www.zaktormax.com​


Managing Directors:  Dr. Philippe Heiniger, Patrick Kilchmann, Thomas Storck
Register court:  Amtsgericht Darmstadt HRB 89557​
VAT number DE:  DE275002252​
Tax number:  00724952649

Bank account: Volksbank Odenwald eG
BIC: GENODE51MIC
IBAN: DE38 5086 3513 0204 2662 93

Liability note:

Despite careful content control, we assume no liability for the content of external links. The operators of the linked pages are solely responsible for their content.

Disclaimer:

In a judgement dated 12 May 1998, the District Court of Hamburg ruled that by linking to third party websites, joint responsibility for their content may exist under certain circumstances. According to the judgement, this can only be prevented by the provider of the link explicitly distancing himself from the content of third parties. It therefore applies to all links on our pages:
ZAK TORMAX GmbH and the employees and companies responsible for the design of the www.zaktormax.de website reject any responsibility for the content of third parties to which reference is made in this website by means of a link. As a precaution, we explicitly dissociate ourselves from the contents published there and point out that only the webmasters of the respective pages have the possibility to influence their design and contents.​

Copyright:

The text and picture information contained within the framework of the website www.zaktormax.de is subject to © ZAK TORMAX GmbH. The ZAK TORMAX GmbH permits the publication in extracts of the text and picture information only for non-commercial purposes after previous written permission as well as the identification of the respective property and responsibility notes.

General terms and conditions

General Terms and Conditions of ZAK TORMAX GmbH

 

§ 1 General - Scope of application

1. The terms and conditions apply to all present and future business relations.

2. Consumers in the sense of the terms and conditions are natural persons, with whom business relations are established without any commercial or independent professional activity being attributable to them.

Entrepreneurs in the sense of the business conditions are natural persons or legal entities or legally responsible private companies with which business relations are established, who act in the exercise of a commercial or independent professional activity. 
Customers within the meaning of these terms and conditions are both consumers and entrepreneurs.

3. Deviating, conflicting or supplementary general terms and conditions never become, even if known, part of the contract, unless its validity is explicitly agreed in writing.

 

§ 2 Conclusion of contract

1. When ordering a product, the customer agrees to purchase the product, the order is binding.

2. We are entitled to accept the offer of contract contained in the order within a period of two weeks after receipt by us. The acceptance can be declared either in writing or by delivery of the goods to the customer.

3. If the consumer orders the goods by electronic means we will confirm the receipt of the order immediately. The confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt can be attached to the statement of acceptance.

4. If the consumer orders the goods electronically, the contract shall be stored by us and sent to the customer on request together with the present General Terms and Conditions by e-mail.

 

§ 3 Retention of title

1. In the case of contracts with consumers, we reserve ownership of the goods until the purchase price has been paid in full. In the case of contracts with companies, we reserve ownership of the goods until full settlement of all claims arising from an ongoing business relationship.

2. The customer is obliged to treat the goods with care. If maintenance and inspection work is necessary, the customer must carry this out regularly at his own expense.

3. The customer is obliged to inform us immediately of any third party access to the goods, for example in the event of seizure, as well as of any damage to or destruction of the goods.

4. We are entitled to withdraw from the contract and demand the return of the goods in the event that the customer breaches the contract, in particular in the case of default in payment. If significant changes occur in the customer's circumstances, such as insolvency, the submission of an affidavit, an obvious cash flow problem, we shall be entitled to withdraw from the contract or demand security or advance payment.

5. The entrepreneur is entitled to resell the goods in the ordinary course of business.
He already now assigns to us all claims in the amount of the invoice amount which accrue to him from the resale against a third party. We accept the assignment. After the assignment, the entrepreneur is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur does not properly meet his payment obligations and is in default of payment.

 

§ 4 Terms of payment, default of the customer

1. The purchase price includes the legal value added tax.

2. The customer has the obligation to pay the purchase price within 30 days after receipt of the goods. After expiry of this period, the customer shall be in default of payment.

If payment is made by bill of exchange with our consent, the discount charges (interest, commission, stamp, postage, etc.) shall be borne by the customer.

During execution, the consumer has to pay interest on the debt at a rate of 5 percent above the base interest rate.

During the period of default, the company must pay interest on the debt at a rate of 8 percent above the base rate. We reserve the right to prove and assert a higher damage caused by default against the entrepreneur.

3. The customer shall only have a right to offset if his counterclaims have been legally established or acknowledged by us. The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.

 

§ 5 Transfer of risk, shipment, partial delivery

1. If the buyer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon delivery or, in the case of sale to destination, upon delivery of the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment.

2. We are entitled to make partial deliveries to a reasonable extent. Excess or short deliveries common in the industry are permissible.

3. In the case of contracts with continuous delivery, we are to be given call-offs for approximately equal partial quantities; otherwise we are entitled to make the provisions at our reasonable discretion.

 

§ 6 Warranty, notice of defects

1. If the buyer is an entrepreneur, we shall initially provide warranty for defects in the goods at our discretion by repair or replacement delivery.

2. If the supplementary performance fails, the customer may, at his discretion, demand a reduction of the remuneration (reduction) or rescission of the contract (withdrawal). In the event of a minor breach of contract, in particular only minor defects, the customer shall not be entitled to withdraw from the contract.

3. Entrepreneurs must notify us in writing of obvious defects within a period of 10 days from receipt of the goods, otherwise the assertion of the warranty claim is excluded. Timely posting is sufficient to meet the deadline. The full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of discovery of the defect or the timely notification of the defect lies with the entrepreneur.

4. If the customer chooses compensation due to a legal or material defect after failed subsequent performance, the goods shall remain with the customer if this is reasonable. The compensation is limited to the difference between the purchase price and the value of the defective item.

5. For entrepreneurs, the warranty period is one year from delivery of the goods. In the case of used goods, the limitation period is one year from delivery of the goods. This does not apply if the customer has not notified us of the defect in good time.

6. The customer does not receive guarantees in the legal sense from us.
 

 

§ 7 Limitation of liability

1. In the case of slightly negligent breaches of duty, our liability shall be limited to the foreseeable, contract-typical, direct average damage according to the type of goods. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents.
We are not liable to entrepreneurs for slightly negligent breaches of insignificant contractual obligations..

2. The above limitation of liability does not apply to claims of the customer arising from product liability. Furthermore, the limitations of liability shall not apply in the event of bodily injury or damage to health attributable to us or in the event of loss of life of the customer.

3. Claims for damages of the customer due to a defect become invalid one year after delivery of the goods.

 

§ 8 Copyrights, other industrial property rights, samples, drawings

The customer assumes full responsibility for ensuring that the rights of third parties are not infringed by the use of samples, drawings, etc. submitted by him or produced according to his specifications and releases us from any liability. Sketches, samples, etc. produced by or on behalf of the customer shall remain our property, even if the manufacturing costs are charged to the customer in whole or in part. A storage obligation for third-party printing documents and other customer-specific items exists only for 24 months from the last delivery made to these items.

 

§ 9 Final provisions

1. Only the law of the Federal Republic of Germany shall apply.

2. If the customer is a merchant, legal person under public law or public law special assets, the exclusive place of jurisdiction for all disputes arising from this contract shall be our place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is not known at the time the action is filed.

3. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The wholly or partially invalid provision shall be replaced by a provision whose economic result comes as close as possible to that of the invalid provision.

Data protection

Privacy statement

Responsible authority in the sense of the data protection laws, in particular the EU data protection basic regulation (GDPR), is:

Thomas Storck

Rights of the people affected

You can exercise the following rights at any time using the contact details provided by our data protection officer:

  • Information about your data stored with us and their processing,

  • Correction of incorrect personal data,

  • Deletion of your data stored with us,

  • Restriction of data processing if we are not yet allowed to delete your data due to legal obligations,

  • Objection against the processing of your data by us

  • Objection against data transferability if you have consented to data processing or have concluded a contract with us.

If you have given us your consent, you can revoke it at any time with effect for the future.

You can at any time complain to the supervisory authority responsible for you. Your responsible supervisory authority depends on the Federal state of your residence, your work or the presumed violation. A list of supervisory authorities (for the non-public sector) with addresses can be found at: https://www.bfdi.bund.de/DE/Infothek/
Anschriften_Links/anschriften_links-node.html
.

Purposes of data processing by the data controller and third parties

We process your personal data only for the purposes stated in this data protection declaration. Your personal data will not be transferred to third parties for purposes other than those stated. We will only pass on your personal data to third parties if:

  • you have given your express consent to this,

  • the processing is necessary to conclude a contract with you,

  • the processing is necessary to fulfil a legal obligation,

the processing is necessary to safeguard legitimate interests and there is no reason to assume that you have an overriding legitimate interest in the non-disclosure of your data.

Contact form

If you contact us with any questions by e-mail or contact form, give us your voluntary consent for the purpose of contacting. For this purpose, it is necessary to provide a valid e-mail address. This is used to assign the request and then answer it. The entry of further data is optional. The information you provide will be stored for the purpose of processing your inquiry and for possible follow-up questions. Personal data will be deleted automatically after your request has been processed.

Use of Google Maps

This website uses Google Maps API to visually display geographic information. When Google Maps is used, Google also collects, processes and uses data relating to the use of map functions by visitors. For more information about data processing by Google, please refer to the Google Privacy Notice. There you can also change your personal data protection settings in the data protection center.

Detailed instructions on how to manage your own data in connection with Google products  can be found here.

Changes to our privacy policy

We reserve the right to adapt this data protection declaration so that it always corresponds to the current legal requirements or to implement changes to our activities in the data protection declaration, e.g. when introducing new services. Your renewed visit will then be subject to the new data protection declaration.

Questions to the data protection officer

If you have any questions about data protection, please send us an e-mail or contact the person responsible for data protection in our organisation directly:

The data protection declaration was created with the  data protection declaration generator of activeMind AG.

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