ZB19 is responsible for the content of this website.
1. Limitation of liability for internal content
The content of our website has been compiled with meticulous care and to the best of our knowledge. However, we cannot assume any liability for the up-to-dateness, completeness or accuracy of any of the pages.
Pursuant to section 7, para. 1 of the TMG (Telemediengesetz – Tele Media Act by German law), we as service providers are liable for our own content on these pages in accordance with general laws. However, pursuant to sections 8 to 10 of the TMG, we as service providers are not under obligation to monitor external information provided or stored on our website. Once we have become aware of a specific infringement of the law, we will immediately remove the content in question. Any liability concerning this matter can only be assumed from the point in time at which the infringement becomes known to us.
2. Limitation of liability for external links
Our website contains links to the websites of third parties (“external links”). As the content of these websites is not under our control, we cannot assume any liability for such external content. In all cases, the provider of information of the linked websites is liable for the content and accuracy of the information provided. At the point in time when the links were placed, no infringements of the law were recognisable to us. As soon as an infringement of the law becomes known to us, we will immediately remove the link in question.
The content and works published on this website are governed by the copyright laws of Germany. Any duplication, processing, distribution or any form of utilisation beyond the scope of copyright law shall require the prior written consent of the author or authors in question.
4. Data protection
A visit to our website can result in the storage on our server of information about the access (date, time, page accessed). This does not represent any analysis of personal data (e.g., name, address or e-mail address). If personal data are collected, this only occurs – to the extent possible – with the prior consent of the user of the website. Any forwarding of the data to third parties without the express consent of the user shall not take place.
We would like to expressly point out that the transmission of data via the Internet (e.g., by e-mail) can offer security vulnerabilities. It is therefore impossible to safeguard the data completely against access by third parties. We cannot assume any liability for damages arising as a result of such security vulnerabilities.
The use by third parties of all published contact details for the purpose of advertising is expressly excluded. We reserve the right to take legal steps in the case of the unsolicited sending of advertising information; e.g., by means of spam mail.
5. Legal validity of this disclaimer
This disclaimer is considered to be part of the internet publication. If sections or individual terms of this disclaimer are not legal or no longer valid, the rest of the document shall remain valid.
ZB19, September 2016
§ 1 Information on the collection of personal data and supplier identification
(1) In the following, we inform you about the collection of personal data when using this website. Personal data is any data that is personally available to you, e.g. name, address, e- mail address, user behavior.
(2) Service provider acc. § 13 Telemedia Law (TMG) and responsible authority acc. § 3 para. 7 Federal Data Protection Law (BDSG), the Company ZB19 Kugellager – Dentaltechnik GmbH, Riemenschneiderstr. 2, 97291 Thüngersheim; Further information can be found in our imprint (impressum).
§ 2 Rights to information and revocation
(1) You have the right to publish from us at any time information on the data you have stored with us, as well as on their origin, recipients or categories of recipients, to whom these datas are passed on and the purpose of storage.
(2) If you have given your consent to the use of data, you can revoke it at any time.
(3) All information wishes, requests for information or inconsistencies regarding the processing of the data should be sent by e-mail to firstname.lastname@example.org or to the address mentioned under § 1 para. (2).
§ 3 Data security
We maintain current technical measures to ensure data security, in particular to protect personal data from data transfer hazards and third parties. These are adapted to the latest state of technology.
§ 4 Collection of personal data for informational use
(1) In the case of merely informative use of the website, in other words, if you do not register to use the website, or if you provide us with information, we do not collect any personal data, except for the data transmitted by your browser to enable you to visit the website. These are:
– IP address
– Date and time of the request
– Time zone difference to Greenwich Mean Time (GMT)
– Content of the request (concrete page)
– Access status / HTTP status code
– Respectively transferred data
– Website from which the request comes browser
– Operating system and its surface
– Language and version of the browser software.
(2) Furthermore, cookies are stored on your computer when you use the website. Cookies are small text files that are stored on your hard disk to match the browser you are using, and through which the person who places the cookie (in this case, us) can enter certain information. Cookies can not run programs or transmit viruses to your computer. They serve to make the Internet offer more user-friendly and effective.
– Transient cookies (temporary use)
– Persistent cookies (limited in time)
– Third party cookies
b) Transient cookies are automatically deleted when they close the browser. This includes in particular the session cookies. They store a so-called session ID with which various requests from your browser are assigned to the common session. This will allow your computer to be recognized when they return to the site. The session cookies are deleted when they log out or close the browser.
c) Persistent cookies are automatically deleted after a given period of time, which can vary according to the cookie. You can always delete the cookies in the security settings of your browser.
d) You can configure your browser settings according to your wishes and refuse, for example, the acceptance of third-party cookies or all cookies. However, we would like to point out that you may not be able to use all the features of this website.
§ 5 Use of features of our website
(1) In addition to the purely informative use of our website, we offer various services which you can use if you are interested. To do so, you must usually specify additional personal data that we use to provide the respective service. If additional voluntary information is possible, these are marked accordingly.1
(2) When you contact the service provider by e-mail or via the contact form, your e-mail address and, if you specify, your name and telephone number will be stored by us to answer your questions.
§ 6 Data transfer to third parties
(1) We may then pass on your personal data to third parties, if action participations, profit games, bookings or contracts are offered by us together with a third party provider. In this case, you will be separately informed of the transmission to third parties before your data are passed on.
(2) In some cases, we use external service providers to process their data. These were carefully selected by us and assigned in writing. They are bound by our instructions and are regularly checked by us. The service providers will not pass these data on to third parties.
As of May 2017
ZB19 Kugellager-Dentaltechnik GmbH (District court of Wuerzburg HRB 10796) General Terms and Conditions of Business (§ 13 BGB) (As of 10.05.2017)
§ 1 General
1.1 For our (ZB19 Kugellager-Dentaltechnik GmbH) deliveries and services against entrepreneurs i.S.d. § 14 of the German Civil Code (hereinafter “Customer/Customers”), these General Conditions of Sale shall apply exclusively; The General Terms and Conditions of Business or the Purchasing Conditions of the Customer differing from our General Terms and Conditions of Sale shall only be accepted to the extent that we have expressly consented to them in writing. They also have no effect if we have not contradicted them in the individual case.
1.2 These General Terms and Conditions do NOT apply to consumers in the sense of § 13 BGB.
1.3 The regulation of para. 1.1 also applies to all future business with the customer.
1.4 The assignment of claims against us to third parties is excluded. § 354 a HGB remains unaffected.
1.5 The sale, resale and disposition of deliveries and services as well as any associated technology or documentation may be subject to German, EU, US export control laws and, where applicable, the export control rights of other states. The customer declares with the order the conformity with such laws and regulations. The customer declares to have all necessary permits for export or import.
§ 2 Offer / Scope of delivery
2.1 Our offers are free. The offers on our website or in the catalog represent a non-committal invitation to the customer to order goods from us.
2.2 By ordering the desired goods, by completing and submitting the order form on the Internet, by e-mail, by fax, by telephone or by mail, the customer issues a binding offer to conclude a purchase contract.
2.3 We can accept this offer within a period of 14 calendar days with sending an order confirmation or sending the ordered goods. The confirmation of order is made by sending an e-mail, fax or mail. After fruitless expiry of this period the offer is rejected.
2.4 The documents, such as illustrations, drawings, weights and measurements, which belong to a given offer, are only indicative. Deviations from product information are permitted, insofar as they are irrelevant, these do not represent a defect in the product and are not binding.
2.5 We retain ownership and copyrights in designs, catalogs, advertising material illustrations, drawings, calculations and other documents. This also applies to such written documents, which are referred to as “Confidential”. Prior to its transfer to third parties, the customer requires our express written consent.
§ 3 Information / Advice
We provide information and technical advice to our best knowledge based on our experience. However, all information and information on suitability and application of our goods are non-binding and do not exempt the customer from his own tests. For any liability, section 10 of these General Conditions of Sale applies.
§ 4 Prices
4.1 Unless otherwise stated in our confirmation of order, our prices shall be ex works, excluding packaging, insurance, freight and, where applicable, a surcharge for small quantities. These items are invoiced separately. The customer shall dispose of the packaging at his own expense.
4.2 All prices are net price without VAT. This is calculated and reported separately in the statutory amount on the day of the invoice (currently 19%) in the invoice.
§ 5 Payments
5.1 Payments must always be made by means of advance payment, unless otherwise agreed in writing. In the case of default on payment, the provisions of para. 5.2 as well as supplementing the statutory regulations regarding the delay in payment.
5.2 In the event of a delay in payment or a threat to our claims due to a deterioration in the customer’s creditworthiness, we are entitled to demand our claims from the business relationship with the customer. We are then also entitled to carry out outstanding deliveries only against prepayment or collateral. If the customer is not able to provide collateral within a reasonable time after the deadline with the threat of withdrawing from the contract, we have the right to withdraw from the contract.
5.3 We are entitled to default interest at the rate of 9 percentage points above the respective valid base rate of the ECB p.a. to promote. Without prejudice to this, the possibility of claiming a higher actual damage will remain unaffected.
5.4 Bills of exchange and checks shall be deemed to be payment only after redemption and unreserved credit to our account and shall be accepted without obligation for timely presentation and protests, and only with special written agreement and calculation of all collection and discount charges.
5.5 The retention of payments due to the assertion of retention rights or the counterclaims by the customer are only permitted if these counterclaims are undisputed or legally established.
§ 6 Delivery time
6.1 Unless otherwise expressly agreed, we deliver ex works or warehouse.
6.2 Delivery dates and delivery times which can be agreed upon bindingly or non-bindingly shall be stated in writing and shall be agreed only with the reservation of the correct and timely self-delivery by our suppliers.
6.3 The agreed delivery period is complied with if the delivery item is ready to be picked up at the factory or warehouse until its expiry.
6.4 War, strike, lock-out, raw material and energy shortages, traffic and inevitable operational disturbances, orders from a high source – even as long as they make the implementation of the affected business permanently uneconomical in the foreseeable future – as well as all other cases of force majeure, also with our suppliers for the duration of the disturbance and the extent of its impact on the obligation to deliver. Such events entitle us to withdraw from the contract in full or in part without the purchaser being entitled to a claim for damages.
6.5 Part deliveries are permissible and are to be paid conditionally as long as they are reasonable for the customer.
§ 7 Transfer of risk and acceptance
7.1 The collection / acceptance of the delivery item has to be carried out by the customer immediately after delivery in the factory or warehouse.
7.2 If the delivery item is sent to the customer at the request of the customer, the risk of accidental loss or accidental deterioration of the delivery item shall pass to the customer upon dispatch of the delivery item, at the latest upon leaving the factory or warehouse. This applies regardless of who bears the freight costs.
7.3 If the customer is in default of acceptance, we are entitled to demand compensation for expenses incurred by us; With the occurrence of the acceptance delay, the risk of accidental deterioration and accidental loss will pass to the customer.
7.4 Items of delivery shall be accepted by the customer, even if they show immaterial defects, without prejudice to the rights under Clause 9 of these conditions.
§ 8 Retention of title
8.1 The delivered goods remain our property (reserved goods) until the fulfillment of all claims, regardless of the legal basis, from the legal relationship on which the delivery is based.
8.2 In the case of the processing, connection and mixing of the reserved goods with other goods by the customer, the co-ownership of the new item is proportional to the value of the invoice value of the reserved goods in relation to the value of the other goods used. If our property expires due to processing, connection or mixing, the customer already transfers the property rights to the new inventory or property to the extent of the value of the reserved goods and keeps them free of charge for us. The co-ownership rights resulting therefrom shall be regarded as reserved goods within the meaning of Section 8.1.
8.3 The customer is only entitled to process the reserved goods further, to combine them with other items and to sell them as long as he is not in default. Any other disposal of the reserved goods is prohibited. Third-party seizures or other access to the reserved goods are to be reported to us immediately. All intervention costs shall be borne by the customer insofar as they can not be recovered by the third party. Should the customer pay the purchase price to his customer, he reserves the right to retain title to the reserved goods on the same terms as we reserve the property for the delivery of the reserved goods. Otherwise, the customer is not authorized to resell the goods.
8.4 The claims of the customer from the resale of the reserved goods are already assigned to us herewith. They serve the same extent as the reserved goods. The customer is only entitled and authorized to resell the goods if the claims arising from them are passed on to us.
8.5 If the reserved goods are sold by the customer together with other goods not supplied by us at a total price, the assignment of the receivables from the sale is made in the amount of the invoice value of our sold goods.
8.6 The customer is authorized to collect the claims assigned to us until our revocation. We are entitled to revoke if the customer does not properly fulfil his payment obligations from the business relationship with us. If the prerequisites for the exercise of the right of revocation are fulfilled, the customer has to notify us without delay of the assigned receivables and their debtors, to make all the necessary information to collect the receivables and to provide us with the related documents and to notify the debtor of the assignment. We are also entitled to assign the debtor to the debtor.
8.7 If the value of the collateral for us exceeds the secured claims by a total of more than fifteen (15) percent, we shall be obliged to release collateral at our discretion if the customer so requests.
8.8 If we assert the retention of title, this shall only be deemed to be a withdrawal from the contract if we expressly declare this in writing. The right of the customer to own the reserved goods shall expire if he fails to fulfill his obligations under this contract.
§ 9 Warranty, material defects
9.1 The warranty claims of the customer in the event of defects shall be governed by the statutory provisions within the statutory time-limits provided that the following provisions do not result.
9.2 When purchasing new items of delivery, the warranty claims of the customer lapse after defects of one year from receipt of the delivery items.
9.3 The warranty claims of the customer are excluded when purchasing used delivery items.
9.4 The limitation period of one year or the exclusion of the warranty does not apply if the liability for compensation is based on a physical or health damage due to a defect for which we are responsible or to intentional behaviour or gross negligence or its vicarious agents. Without prejudice to this, we shall be liable under the Product Liability Act.
9.5 The warranty does not apply if the customer changes the delivery items without our consent, if they are altered by third parties or are used improperly and the defect removal is thereby made impossible or unreasonably difficult. In any case, the customer shall bear the additional costs arising from the modification of the defect rectification.
9.6 The customer is obligated to examine the delivery item upon delivery for possible defects and to notify us immediately in writing. The relevant regulations and legal regulations of the HGB apply accordingly.
9.7 If a complaint proves to be unjustified, the customer shall reimburse us all expenses incurred by us.
§ 10 Liability for damages due to fault
10.1 Our liability for damages, irrespective of the legal basis, in particular from impossibility, delay, defective or incorrect delivery, breach of contract, breach of obligations in the case of contractual negotiations and unauthorized acts is, in accordance with Clause 10.
10.2 We shall not be liable in the case of simple negligence on the part of our organs, legal representatives, employees or other vicarious agents, insofar as they are not a violation of contractual obligations. Contractual obligations are those which grant to the contracting parties the right which the contract has to grant in accordance with its content and purpose, in particular the obligations whose fulfilment will enable the proper execution of the contract at first and on whose compliance the contractual partner may rely regularly.
10.3 As far as Clause 10.2 is liable for damages, this liability is limited to damages which we have foreseen at the conclusion of the contract as a possible consequence of a breach of contract or which we should have foreseen in the case of the application of customary diligence. Indirect damages and consequential damages, which are the result of defects of the delivered items, are also only substitute, as far as such damages are to be expected in the intended use of the goods.
10.4 In the case of liability for simple negligence, our liability for property damage and consequent further property damage is limited to an amount of EUR 3,000,000.00 per claim (corresponding to the current coverage sum of our product liability insurance), even if it is a injury of contractual obligations.
10.5 The foregoing exclusions and limitations of liability apply equally to the benefit of our bodies, legal representatives, employees and other vicarious agents.
10.6 Insofar as we provide technical information or act as advisors and this information or consultation is not expressly part of the contractually agreed scope of services which we owe, this shall be free of charge and without any liability.
10.7 The limitations on liability of the Clause 10 shall not apply our liability because of (I) international and grossly negligent behaviour; (ii) guaranteed characteristics, (iii) injury to life, body or health, or (iv) to the Product Liability Act.
§ 11 Others
11.1 The substantive law of the Federal Republic of Germany applies; The validity of the UN purchase law (CISG) is excluded.
11.2 Unless otherwise stated in the order confirmation, our office shall be the place of performance.
11.3 If a “written” transmission is presupposed in these conditions, this can be complied with by the electronic form (§ 126a BGB) or the text form (§ 126b BGB), whereby proof of access is the responsibility of the sender.
11.4 If the customer is a merchant, a legal person of public law or a public special fund, Wuerzburg is the exclusive court for all disputes arising directly or indirectly from the contractual relationship. The same applies if the customer is domiciled abroad.
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