General terms and conditions and privacy policy

GTC

Ing. Werner Pletzer, car dealership - Puls Air e.U.

General Terms and Conditions of Delivery and Ordering for End Customers (Consumers according to § 13 BGB) of Ing. Werner Pletzer, Autohaus - Puls Air e.U.

(In accordance with the provisions of the Federal Data Protection Act, we would like to point out that data relating to the business relationship with the customer is stored in our IT system).

Scope of application
- The following terms and conditions apply exclusively to the business relationship with our customers, including for information and advice.
- Consumers within the meaning of these terms and conditions are natural persons - hereinafter also referred to as customers - with whom a business relationship is entered into without a commercial or independent professional activity being attributable to them.

Information, advice

Information and advice regarding our products is provided solely on the basis of our previous experience. The values given here are to be regarded as average values. All information about our products, in particular the illustrations, drawings, dimensional and performance data and other technical data contained in our quotations and printed matter are to be regarded as approximate average values. Any reference to standards, similar technical regulations as well as technical specifications, descriptions and illustrations of the delivery item in offers and brochures is only a non-binding general description of performance and not a specification of properties, unless they are binding, written offers. Certain properties shall only be deemed to have been guaranteed by us if we have expressly confirmed this in writing.

Conclusion of contract, scope of delivery, acceptance
- By ordering goods, the customer makes a binding declaration that he wishes to purchase the goods ordered.
- A contract is only concluded when we confirm the customer's order in writing by e-mail via order confirmation. We can process customer orders within 1 - 5 working days.
- All agreements, collateral agreements, assurances and amendments to the contract must be made in writing, which shall also be deemed to be satisfied by fax or e-mail. § Section 305b BGB (priority of the individual agreement) remains unaffected.
- The customer must inform us in writing of any special requirements for our goods in good time before the contract is concluded.

Delivery
- Binding delivery dates and deadlines must be expressly agreed in writing as a condition of validity. In the case of non-binding or approximate (approx., about, etc.) delivery dates and deadlines, we shall endeavor to comply with these to the best of our ability.
- Delivery periods shall commence upon receipt of our order confirmation by the customer, but not before all details of the execution of the order have been clarified and all other requirements to be fulfilled by the customer have been met; the same shall apply to delivery dates. If the customer has requested changes after placing the order, a new reasonable delivery period shall commence upon our confirmation of the change.

Reservation of self-delivery; force majeure and other impediments
- If we do not receive deliveries or services from our subcontractors, or do not receive them correctly or on time, or if events of force majeure occur, we shall inform our customer in good time in advance by telephone or in writing by letter, fax or e-mail. In this case, we are entitled to postpone the delivery for the duration of the hindrance or to withdraw from the contract in whole or in part due to the unfulfilled part of the contract, provided that we have complied with our above obligation to inform. Force majeure shall include strikes, lockouts, official interventions, energy and raw material shortages, transport bottlenecks, operational hindrances through no fault of our own, for example due to fire, water and machine damage, and all other hindrances which, from an objective point of view, have not been culpably caused by us.
- If a delivery date or a delivery period has been bindingly agreed and the agreed delivery date or the agreed delivery period is exceeded by more than 14 days due to events according to 5.1, the customer shall be entitled to withdraw from the contract due to the part not yet fulfilled, insofar as the delay in delivery is unreasonable for him.

Shipping and transfer of risk
- The risk of accidental loss and accidental deterioration of the item sold, even in the case of sale by delivery to a place other than the place of performance, shall only pass to the buyer when the item is handed over.
- If the buyer is in default of acceptance, this shall be deemed equivalent to handover.
- If the shipment is delayed because we exercise our right of retention as a result of the customer's default in payment in whole or in part - or for any other reason for which the customer is responsible - the risk shall pass to the customer at the latest from the date of notification of readiness for shipment.

Notification of defects and warranty
- If the customer receives defective goods, we are only obliged to deliver defect-free goods and only if the defect in the goods prevents proper installation or operation.
- Unless otherwise agreed in writing by us, the customer shall not receive any guarantees in the legal sense.
- Our warranty and liability is excluded for the consequences of incorrect use or excessive wear and tear of the goods, excessive use or unsuitable handling and care in accordance with the operating instructions.

Remuneration and terms of payment
- The purchase price offered is binding.
- In the case of mail order purchases, the purchase price is subject to a flat-rate shipping fee as indicated on the order page of the shopping cart or in the order form.
- The customer shall pay the purchase price in advance, unless another method of payment has been agreed.

Retention of title
- We reserve title to the goods until the purchase price has been paid in full.
- The customer is obliged to operate the goods with care in accordance with the operating instructions and to carry out maintenance in accordance with the maintenance film.
- The customer is obliged to inform us immediately of any access by third parties to the goods, for example in the event of seizure, as well as of any damage to or destruction of the goods. The customer must notify us immediately of any change of ownership of the goods or of his own change of residence until the goods have been paid for in full.
- We are entitled to withdraw from the contract and reclaim the goods if the customer acts in breach of contract.

Exclusion and limitation of liability
- We shall not be liable, in particular not for claims of the customer for damages - irrespective of the legal grounds - and/or for breach of duties arising from the contractual obligation and from tortious acts. This shall not apply insofar as liability is mandatory by law:

for own intentional or grossly negligent breach of duty and intentional or grossly negligent breach of duty by legal representatives or vicarious agents;

for the breach of material contractual obligations;

if, in the event of a breach of other obligations within the meaning of Section 241 (2) BGB, the customer can no longer reasonably be expected to accept our performance;

in the event of injury to life, limb and health, also by legal representatives or vicarious agents;

in the event of default, insofar as a fixed date was agreed;

insofar as we have assumed a guarantee for the quality of our goods, or the existence of a performance result, or a procurement risk, as well as in the case of liability under the Product Liability Act.

"Material contractual obligations" are those obligations that protect the customer's legal positions which are material to the contract and which the contract must grant the customer in accordance with its content and purpose. Material contractual obligations are also those contractual obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer has regularly relied and may rely.

In other cases, we shall be liable for all claims against us for damages or reimbursement of expenses arising from the present contractual relationship due to culpable breach of duty, irrespective of the legal grounds, but not in the case of slight negligence.
In the event of the above liability in accordance with Clause 11.2 and liability without fault, in particular in the event of initial impossibility and defects of title, we shall only be liable for typical and foreseeable damage.
A reversal of the burden of proof is not associated with the above provisions.

Ing. Werner Pletzer, car dealership - Puls Air e.U.

Werner Pletzer

Innsbruckerstrasse 10

6353 Going

Austria
(summonable address)

Applicable law

The law of the Federal Republic of Germany shall apply exclusively to all legal relationships between the customer and us. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.

Severability clause

Should a present or future provision of the concluded contract be or become invalid/void or unenforceable in whole or in part for reasons other than §§ 305-310 BGB, this shall not affect the validity of the remaining provisions of the contract, unless adherence to the contract would lead to unreasonable hardship for one of the parties, even taking into account the following provisions. The parties shall replace the invalid/void or unenforceable provision with a valid provision that corresponds in its legal and economic content to the invalid/void or unenforceable provision and the overall purpose of the contract. The same applies if a gap requiring supplementation arises after the conclusion of the contract.

1. data protection at a glance

General notes

The following notes provide a simple overview of what happens to your personal data when you visit our website. Personal data is any data with which you can be personally identified. For detailed information on the subject of data protection, please refer to our privacy policy listed below this text.

Data collection on our website

Who is responsible for the data collection on this website?

The data processing on this website is carried out by the website operator. You can find his contact details in the imprint of this website.

How do we collect your data?

On the one hand, your data is collected by you providing it to us. This can be, for example, data that you enter in a contact form.

Other data is collected automatically by our IT systems when you visit the website. This is mainly technical data (e.g. internet browser, operating system or time of page view). The collection of this data takes place automatically as soon as you enter our website.

What do we use your data for?

Part of the data is collected to ensure error-free provision of the website. Other data may be used to analyze your user behavior.

What rights do you have regarding your data?

You have the right to receive information about the origin, recipient and purpose of your stored personal data free of charge at any time. You also have a right to request the correction, blocking or deletion of this data. For this purpose, as well as for further questions on the subject of data protection, you can contact us at any time at the address given in the imprint. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.

In addition, under certain circumstances, you have the right to

to request restriction of the processing of your personal data. For details, please refer to the privacy policy under "Right to restriction of processing".

Third-party analytics and tools

When visiting our website, your surfing behavior can be statistically evaluated. This is done primarily with cookies and with so-called analysis programs. The analysis of your surfing behavior is usually anonymous; the surfing behavior cannot be traced back to you. You can object to this analysis or prevent it by not using certain tools. You can find detailed information on this in the following privacy policy.

You can object to this analysis. We will inform you about the objection options in this privacy policy.

2 General notes and mandatory information

Privacy

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.

When you use this website

various personal data is collected. Personal data is data with which you can be personally identified. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.

We point out that data transmission over the Internet (eg communication by e-mail) security gaps. A complete protection of the data against access by third parties is not possible.

Note on the responsible entity

The responsible party for data processing on this website is:

Werner Pletzer

Innsbruckerstrasse 10

6353 Going

Austria

Tel: +43(0)5358 3600

Fax: +43(0)5358 3603

Email: info@pulsair.net

The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data (e.g. names, e-mail addresses, etc.).

Revocation of your consent to data processing

Many data processing operations are only possible with your express consent. You can revoke an already given consent at any time. For this purpose, an informal communication by e-mail to us is sufficient. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

Right to object to the collection of data in special cases and to direct marketing (Art. 21 DSGVO)

If the data processing is based on Art. 6 (1) e or f DSGVO, you have the right to object to the processing of your personal data at any time for reasons arising from your particular situation; this also applies to profiling based on these provisions. The respective legal basis on which processing is based can be found in this privacy policy. If you object, we will no longer process your personal data concerned unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves the purpose of asserting, exercising or defending legal claims (objection pursuant to Art. 21(1) DSGVO).

If your personal data is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling, insofar as it is associated with such direct marketing. If you object, your personal data will subsequently no longer be used for the purpose of direct marketing (objection pursuant to Art. 21 (2) DSGVO).

Right of appeal to the competent supervisory authority

In case

of infringements of the GDPR, data subjects shall have a right of appeal to a supervisory authority, in particular in the Member State of their habitual residence, their place of work or the place of the alleged infringement. The right of appeal

exists without prejudice to other administrative or judicial remedies.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in fulfillment of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done insofar as it is technically feasible.

SSL or TLS encryption

This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or requests that you send to us as the site operator. You can recognize an encrypted connection by the fact that the address line of the browser changes from "https://" to "https://" and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Information, blocking, deletion and correction

Within the framework of the applicable legal provisions, you have the right at any time to free information about your stored personal data, its origin and recipient and the purpose of data processing and, if necessary, a right to correction, blocking or deletion of this data. For this purpose, as well as for further questions on the subject of personal data, you can contact us at any time at the address given in the imprint.

Right to restriction of processing

You have the right to request the restriction of the processing of your personal data. To do this, you can contact us at any time at the address given in the imprint. The right to restriction of processing exists in the following cases:

If you dispute the accuracy of your personal data stored by us, we usually need time to verify this. For the duration of the review, you have the right to request the restriction of the processing of your personal data.

If the processing of your personal data happened / happens unlawfully, you may request the restriction of the data processing instead of the deletion.

If we no longer need your personal data, but you need it to exercise, defend or enforce legal claims, you have the right to request restriction of the processing of your personal data instead of deletion.

If you have lodged an objection pursuant to Art. 21 (1) DSGVO, a balancing of your and our interests must be carried out. As long as it has not yet been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, this data may - apart from being stored - only be processed with your consent or for the assertion, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the European Union or a Member State.

3. data collection on our website

The Internet pages partly use so-called cookies. Cookies do not cause any damage to your computer and do not contain viruses. Cookies serve to make our offer more user-friendly, effective and secure. Cookies are small text files that are stored on your computer and saved by your browser.

Most of the cookies we use are so-called "session cookies". They are automatically deleted after the end of your visit. Other cookies remain stored on your terminal device until you delete them. These cookies allow us to recognize your browser on your next visit.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. When deactivating cookies, the functionality of this website may be limited.

Cookies that are required to carry out the electronic communication process or to provide certain functions that you have requested (e.g. shopping cart function) are stored on the basis of Art. 6 (1) lit. f DSGVO. The website operator has a legitimate interest in storing cookies for the technically error-free and optimized provision of its services. Insofar as other cookies (e.g. cookies for the analysis of your surfing behavior) are stored, these are treated separately in this privacy policy.

Contact form

If you send us inquiries via contact form

your details from the inquiry form, including the contact details you provide there, will be stored by us for the purpose of processing the inquiry and in the event of follow-up questions. We do not pass on this data without your consent.

The processing of the data entered in the contact form is therefore based exclusively on your consent (Art. 6 para. 1 lit. a DSGVO). You can revoke this consent at any time. For this purpose, an informal communication by e-mail to us is sufficient. The legality of the data processing operations carried out until the revocation remains unaffected by the revocation.

The data you enter in the contact form will remain with us until you request us to delete it, revoke your consent to store it, or the purpose for storing the data no longer applies (e.g. after we have completed processing your request). Mandatory legal provisions - in particular retention periods - remain unaffected.

Request by e-mail, phone or fax

If you contact us by e-mail, telephone or fax, your inquiry including all resulting personal data (name, inquiry) will be stored and processed by us for the purpose of processing your request. We will not pass on this data without your consent.

The processing of this data is based on Art. 6 (1) lit. b DSGVO, if your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on your consent (Art. 6 para. 1 lit. a DSGVO) and / or on our legitimate interests (Art. 6 para. 1 lit. f DSGVO), as we have a legitimate interest in the effective processing of requests addressed to us.

have

The data you send to us via contact requests will remain with us until you request us to delete it, revoke your consent to store it, or the purpose for storing the data no longer applies (e.g. after your request has been processed). Mandatory legal provisions - in particular legal retention periods - remain unaffected.

Source: e-recht24.de