TOOLOVA GmbH & Co.
companies entry: county
court HRB 4691
Data protection declaration
TOOLOVA GmbH & Co. KG is pleased about your visit to our website as well as your interest in our company and our products.
The use of our website is possible without providing personal data. Our website is only for technical information about our products. An input of personal data is not possible. If you would like to contact us, you will find our contact details such as telephone, fax and e-mail on the page "contact".
Protection of personal data and confidentiality
It cannot be guaranteed that any information or personal data transmitted to us will not be "intercepted" by third parties during transmission. Please note that data transmission over the internet (for example, when communicating via e-mail) may have security vulnerabilities. A complete protection of the data from access by third parties is not possible.
Your personal data, which you voluntarily provide to us, will be stored by us in paper form or digitally in order to be able to handle further correspondence with you or for the purpose of order processing and shipping. Your data will be treated in accordance with the strict regulations of the Federal Data Protection Act (BDSG) or the General Data Protection Regulation (DSGVO). A transfer of your data to third parties does not take place, unless it is essential in the context of order processing or we are required by law or by court order to submit your data in the required extent to information centers.
We only store your data on our own computers / servers. Access to it is only possible for a few persons authorized by the domain owner, who are responsible for the technical or commercial support of these computers.
Right of withdrawal
Business Conditions (GBC) of TOOLOVA GmbH & Co. KG
However, the Purchaser is obliged to inform us at our request about the
transferred receivables and its debtors, all the necessary details, to
deliver the corresponding documents to collect the receivable and to notify
the third debtors about the transfer.
§ 6 Warranty
The Purchaser is entitled to warranty claims if he checked the goods immediately after the delivery , as far as this is possible in accordance to the regulations of the business operation, and if notice in writing was given to TOOLOVA immediately after the discovery of the defect or fault. Should the defect or fault appear later, the Purchaser has to give notice in writing immediately after the detection of the defect or fault, otherwise the delivery will be considered as approved even if defect or fault was detected. The paragraphs 377, 378 from the Commerce Trade Regulation Book apply.
As far as a defect or fault that has to be covered by TOOLOVA, we shall have the right to repair, replace or newly provide any parts or services.
If the Purchaser has properly carried out the necessary exami-nations or verification controls in accordance to the regulations, he is entitled to determine a period for the remedy of the defect or the replacement delivery. If the agreed period has not expired, the Purchaser is not entitled to cancel the contract nor to a reduction of the purchase price.
If the adequate period granted to TOOLOVA expires without the defect being remedied, the Purchaser shall have the right to demand cancellation of the contract or a reduction of the purchase price.
Warranty claims are subject to a limitation period of 24 months (B2C) respectively 12 months (B2B) after the transfer of the risk. The period is a limitation period and applies also to claims of replacement of defected item, as far as these claims are not the result of inappropriate handling.
The warranty does not cover natural wear and tear or damage arising, after the transfer of the risk, from faulty or negligent handling, excessive strain, unsuitable equipment, defective workmanship, inappropriate foundation soil or from particular external influences not assumed under the contract. The warranty does not cover modifications or repairs carried out improperly by the Purchaser or by third parties.
§ 7 Liability
Except as provided herein, any other claims for damages of the Purchaser against TOOLOVA shall be excluded regardless of whether they are based on positive breach of contractual obligations, violation of obligations in contract negotiations, breach of warranty, tort or other legal theory. This exclusion should not apply where under the product liability law or in cases of wilful misconduct, of gross negligence, of the absence of warranted characteristics or of the fundamental non-performance of contractual obligations, there is a legally binding liability. However, in case there is a legally binding liability, it shall be limited to the (partial) order value or service in which the damage occurred.
§ 8 Final regulation
If for any reason one of the listed regulations in this General Business Conditions should loose its validity, the effectiveness of the others remains unaffected.
The sole forum for all disputes arising directly or indirectly out of the contract shall be the place of the TOOLOVA´s headquarters. All relations arising out of the contract shall be governed by German law not including the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Dec 19, 2011