Privacy policy

Data protection

1. Data protection overview

general information

The following information is a simple overview of what happens to your personal data when you visit our website. Personal data is any data that can be used to identify you. Detailed information on data protection can be found in our data protection declaration below this text.

Data collection on our website

Who is responsible for data collection on this site?

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

How do we collect your data?

On the one hand, your data is collected when you provide it to us. This could be, for example, data you enter into a contact form.

Other data is automatically collected by our IT systems when you visit the website. First of all, this is technical data (for example, Internet browser, operating system or page access time). This data is collected automatically as soon as you access our website.

What do we use your data for?

Some data is collected to ensure error-free operation 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 obtain information free of charge at any time about the origin, recipient and purpose of storage of your personal data. You also have the right to request correction, blocking or deletion of this data. You can contact us at any time at the address provided in the legal notice if you have any further questions about data protection. You also have the right to lodge a complaint with the responsible supervisory authority.

2. General information and mandatory data protection information.

The operators of these sites take the protection of your personal information very seriously. We process your personal data confidentially and in accordance with statutory data protection provisions and this data protection declaration.

When you use this website, various personal data is collected. Personal data is data that can be used to identify you. This data protection declaration explains what data we collect and what we use it for. It also explains how and for what purpose this happens.

We would like to point out that data transmission over the Internet (for example, when communicating by email) may have security gaps. Complete protection of data from access by third parties is not possible.

Note on responsible authority

The responsible body for data processing on this website is:

CES Consolidated European Supplier GmbH

Badstrasse 42

D-79410 Badenweiler

Tel: 0049 159 021 191 94

Email: office@ces-company.com

 

The responsible authority is the natural or legal person who, alone or jointly with others, decides on the purposes and means of the processing of personal data (e.g. names, email addresses, etc.).

Withdrawal of your consent to data processing

Many data processing operations are only possible with your explicit consent. You may withdraw any consent you have already given at any time. All you have to do is send us an informal email. The legality of data processing carried out until the date of revocation remains unaffected.

Right to lodge a complaint with the responsible supervisory authority

In the event of data protection violations, the affected person has the right to lodge a complaint with the responsible supervisory authority. The responsible supervisory authority for data protection matters is the state data protection officer of the federal state in which our company is located. A list of data protection officers and their contact details can be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.

Right to data portability

You have the right to have data that we process automatically based on your consent or in pursuance of a contract transmitted to you or a third party in a common machine-readable format. If you request the transfer of data directly to another controller, this will only be done if technically feasible.

SSL or TLS encryption

For security reasons and to protect the transmission of sensitive content, such as orders or inquiries that you send to us as the site operator, this site uses SSL or. TLS encryption. You can recognize an encrypted connection by changing the browser's address bar from "http://" to "https://", as well as by the padlock symbol in the browser bar.

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

3. Data collection on our website

Cookies

Some websites use so-called cookies. Cookies do not harm your computer and do not contain viruses. Cookies serve to make our offer more convenient, efficient and secure. Cookies are small text files that are stored on your computer and stored by your browser.

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

You can set your browser to be informed when cookies are set and to allow cookies only in individual cases, to exclude cookies in certain cases or in general, and to activate the automatic deletion of cookies when you close your browser. If cookies are disabled, the functionality of this website may be limited.

Cookies necessary to carry out the electronic communication process or to provide certain functions that you require (e.g. shopping cart function) are stored on the basis of Article 6 paragraph 1 paragraph f GDPR. The website operator has a legitimate interest in storing cookies in order to provide its services in a technically error-free and optimized manner. If other cookies are stored (e.g. cookies for analyzing your browsing behavior), they will be treated separately in this data protection declaration.

Server log files

The page provider automatically collects and stores information in so-called server log files, which your browser automatically transmits to us. This:

• Browser type and version.
• operating system used
• Referrer URL
• The host name of the accessing computer.
• Server request time
• IP address

This data will not be combined with other data sources.

The basis for data processing is Article 6 (1) (f) GDPR, which allows the processing of data for the fulfillment of contractual or pre-contractual measures.

4. Plugins and tools

Google Web Fonts

This website uses so-called web fonts provided by Google to ensure uniform display of fonts. When you visit a page, your browser downloads the necessary web fonts into your browser cache so that texts and fonts are displayed correctly.

To do this, the browser you are using must connect to Google's servers. This informs Google that our website was accessed via your IP address. The use of Google Web Fonts is in the interest of a uniform and attractive presentation of our online offerings. This constitutes a legitimate interest within the meaning of Article 6 paragraph 1 letter f GDPR.

If your browser does not support web fonts, your computer will use a standard font.

More information about Google web fonts can be found at https://developers.google.com/fonts/faq and in Google's privacy policy: https://www.google.com/policies/privacy/.

 

Google Maps

This site uses the Google Maps mapping service via an API. The supplier is Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA.

To use Google Maps features, you must save your IP address. This information is usually transferred to a Google server in the USA and stored there. The provider of this site has no influence on this data transfer.

The use of Google Maps is necessary to present our online offers attractively and to make it easier to find the places we list on the website. This constitutes a legitimate interest within the meaning of Article 6 paragraph 1 letter f GDPR.

For more information about how to handle user data,

can be found in Google's privacy policy:

https://www.google.de/intl/de/policies/privacy/.

The use of our website www.ces-company.com is at your own risk. One Liability or warranty for the use of our services and content or their Availability is not taken into account. Furthermore, we assume no responsibility for them
Content from websites outside of www.ces-company.com to which we link.

We also assume no liability for content in the areas in which users Automatic entries can be made (forums, guest books). Should you Discover content that violates the law or violates the rights of third parties If you are injured, please inform us immediately by email so that we can keep this content in check to clarify the matter.

Ces-Company.com is operated by:
CES Consolidated European Supplier GmbH

Managing Director:
Rustam Mirzatbayev

Registered office of the company:
Badstrasse 42
79410 Badenweiler
Germany

Email: office@ces-company.com

Bank details:
Sparkasse Markgräflerland
IBAN: DE86 6835 1865 0108 7858 90
BIC: SOLADES1MGL
VAT ID number: DE361450697
Tax number: 12179/30016, tax office: Müllheim
Registration: Freiburg District Court HRB 72895

(as of 06/2023)

1. Scope/defense clause

1.1 These conditions only apply to persons who, when concluding the contract, are acting in the exercise of their commercial or independent professional activity (entrepreneurs) as well as to legal entities under public law and special funds under public law.

1.2 These conditions apply exclusively to all of our deliveries and services, including future ones. Differing or additional conditions from the purchaser are non-binding for us, even if we do not object in individual cases, unless we acknowledge them in writing. In this case, they only apply to the respective individual contract. Special agreements made between us and the customer remain unaffected by this.

2. Conclusion of contract

2.1 Our offers are subject to change unless expressly stated as binding.

2.2 The customer is bound to his order for a period of two weeks from receipt by us.

2.3 Orders, additions and changes to an order are accepted if we confirm them in writing;

The execution of the delivery, the receipt of a delivery note or an invoice by the customer are considered confirmation.

2.4 The conclusion of the contract is subject to correct and timely self-delivery. This does not apply if we are responsible for the non-delivery or incorrect delivery, in particular if we have not concluded a congruent hedging transaction. We will inform the customer immediately about the unavailability of the goods and immediately refund any consideration provided.

2.5 We reserve ownership rights and copyrights to illustrations, drawings, calculations, cost estimates and other documents. These documents may only be made accessible to third parties with our prior consent.

3. Prices/Payment

3.1 Our prices are net ex works plus the applicable statutory sales tax and plus packaging, transport and other additional costs.

3.2 We reserve the right to change our prices appropriately if the prices applicable to our suppliers change after conclusion of the contract and this was not foreseeable when the contract was concluded with our customers.

3.3 Our claims are due upon delivery of the goods to the customer and are payable without deductions in euros. Discounts will only be granted if there is a separate written agreement. In the event of late payment, we are entitled to our legal rights.

3.4 We reserve the right to accept bills of exchange and checks; they will only be accepted on account of performance, with all costs and expenses charged and without guarantee for timely presentation and protest. The customer must reimburse us for any costs for return direct debits (e.g. for EC, bank or debit card payments).

3.5 If the purchaser is in arrears with a payment for more than two weeks, has stopped making payments or if it becomes apparent from other circumstances after conclusion of the contract that our claims are at risk due to the purchaser's lack of ability to perform, we can cancel our claims from all contracts immediately due for payment. We can set a reasonable deadline for advance payment or security for goods that are not delivered. If the deadline has expired without success, we can withdraw from the contract and demand compensation.

3.6 Regardless of the purchaser's provisions to the contrary, we are entitled to initially offset his payments against his older debts. If costs and interest have already been incurred, we are entitled to offset the customer's payments first against the costs, then against the interest and finally against the main claim.

3.7 The customer is only entitled to offset or exercise rights of retention if the counterclaim is undisputed or legally established. The purchaser is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

4. Delivery

4.1 The delivery times, deadlines and dates specified by us are non-binding unless otherwise expressly agreed in writing. Delivery times, if non-binding, are only approximate. Deadline days are always working days; Saturdays are not considered working days. Agreed delivery times begin with the conclusion of the contract, but not before receipt of an agreed deposit; The same applies to changes to deadlines. The delivery deadline is met for orders without assembly if the delivery item leaves our factory before it expires. In any case, we will only be in default if we issue a written reminder after the due date.

4.2 If this is reasonable for the customer, we are entitled to make partial deliveries and deliveries before the agreed date.

4.3 Technical deviations in the design or execution of information in catalogs and other written documents as well as model and design changes in the course of technical progress that are reasonable for the customer are permitted.

4.4 We are not responsible for events of force majeure or other circumstances that are unforeseeable for us (in particular procurement, manufacturing, delivery disruptions, strikes, lockouts, on our part or our suppliers) and exempt ourselves for the duration of the disruption and a reasonable start-up time - even during an already existing delay – from our delivery obligation. This also applies if third-party approvals required for the execution of deliveries are not received by us in a timely manner. In the event of a fixed transaction, the customer is entitled to withdraw.

4.5 Our obligation to deliver is suspended as long as the purchaser is not only insignificantly in arrears with a liability. Any costs we incur as a result of this will be borne by the purchaser. If the purchaser defaults on acceptance or culpably violates other obligations to cooperate, we are entitled, without prejudice to further claims, to demand compensation for any damage we incur, including any additional expenses.

4.6 If we do not provide a service on time, the customer can only withdraw in accordance with the statutory provisions if we are responsible for the delay; This does not involve a reversal of the burden of proof at the expense of the purchaser.

4.7 Transport and all other packaging in accordance with the packaging regulations - with the exception of pallets - will not be taken back and will be disposed of by the purchaser at his own expense.

4.8 If our scope of delivery also includes software from third parties, their license conditions also apply.

5. Claims for defects

5.1 The goods are free of defects if they correspond to the agreed quality, which results from the written order confirmation and our product description. Public statements, praise and advertising by us, a manufacturer or an assistant are irrelevant to the quality.

5.2 The purchaser is responsible for the commercial law inspection and notification obligations (§ 377 HGB). Detected defects must be reported in writing within 3 working days at the latest, stating the specific complaints. Deliveries must be accepted by the purchaser, even if they have minor defects.

5.3 The customer must report material defects that are not recognizable even after proper inspection immediately, at the latest within 3 working days of their discovery, in writing, stating the specific complaints.

5.4 When delivering used goods, claims due to material defects are excluded.

5.5 The customer gives us the opportunity to review complaints about defects - including those from third parties. If the complaint of defects turns out to be unfounded, the purchaser is obliged to reimburse us for the expenses incurred for the inspection, unless he is not responsible for the unfounded complaint of defects.

5.6 If there are defects, we will, at our discretion, repair the defect or deliver a new one (subsequent performance). In the event of failure, unreasonableness or refusal of supplementary performance, the purchaser can reduce the price or – in the case of more than insignificant defects – withdraw from the contract or demand compensation in accordance with Section 6 “Liability”. Only in urgent cases where operational safety is at risk and to prevent disproportionate damage does the customer, after informing us immediately, have the right to have the defect remedied himself or through a third party and to demand reimbursement of the necessary costs from us.

5.7 We do not assume any expenses in connection with subsequent performance that arise from the goods sold being brought to a location other than the agreed place of performance, unless this corresponds to their contractual use. Replaced parts become our property and must be returned to us.

5.8 The customer cannot assign claims for defects.

5.9 If a claim is made against the customer by a consumer or by an entrepreneur due to a defect in the goods, he must inform us immediately. Recourse against us is only possible to the extent that the purchaser has not concluded an agreement with his customer that goes beyond the statutory liability claims for defects.

5.10 In the case of overnight deliveries, the customer must immediately inspect the delivery of goods in question. Transport damage, quantity discrepancies, incorrect deliveries and losses that become apparent during a proper inspection must be reported no later than 12:00 p.m. on the day of delivery or, if this is a Saturday or public holiday, by 12:00 p.m. on the next working day. The above regulations apply to other defects.

6. Liability

6.1 Our liability for slightly negligent breaches of non-essential contractual obligations is excluded. In the event of a slightly negligent violation of essential contractual obligations - including by legal representatives and vicarious agents - liability is limited to the foreseeable damage typical of the contract. However, we are liable without limitation for damage to the purchaser's body and health caused culpably by us, our legal representatives or vicarious agents, as well as for intent, gross negligence and for the lack of guaranteed quality.

6.2 The above regulations also apply to the benefit of our employees, employees, legal representatives and vicarious agents.

6.3 Our liability under the Product Liability Act remains unaffected.

6.4 Our liability for minor negligence is limited:

6.4.1 in the case of property and financial damage that is covered by insurance taken out by the customer, to the disadvantages associated with making use of the customer's insurance;

6.4.2 the amount for each case of damage is €100,000.00 for property damage and €50,000.00 for financial loss.

6.5 If we withdraw from the contract due to a culpable breach of duty by the customer, we can demand 10% of the order amount as flat-rate damages without further proof. We reserve the right to provide evidence of greater damage, as well as the purchaser to provide evidence that no damage occurred at all or that damage was significantly lower.

7. Limitation of claims for defects and claims for compensation

7.1 The limitation period for claims by the customer due to a defect in newly manufactured goods is one year. This does not apply if longer periods are mandatory in accordance with Sections 438 Para. 1 No. 2 (buildings, items for buildings), 479 Para. 1 (recourse claims) or 634a Para. 1 No. 2 (construction defects) BGB. This also does not apply to claims for damages that are aimed at compensation for bodily harm or damage to health or are based on intent or gross negligence on the part of us or our vicarious agents.

7.2 The limitation period for claims by the customer for damages that are not based on a defect in the goods is one year. The statutory limitation period for claims due to intent or gross negligence as well as injury to body and health and based on the Product Liability Act remains unaffected.

7.3 The limitation period begins in accordance with the statutory provisions.

8. Transfer of risk

8.1 Our deliveries are made EX WORKS – EXW (INCOTERMS 2020), unless otherwise agreed.

8.2 If the shipment of the goods has been agreed with the customer, the risk of accidental loss or accidental deterioration of the goods passes to the customer when the goods are dispatched, or at the latest when they leave our factory or warehouse. The shipping method, route and packaging are chosen at our discretion in the absence of written instructions from the customer. We only take out transport insurance upon request and in the name and on account of the customer. 

8.3 If delivery includes assembly, the purchaser will make the necessary preparations in a timely manner (e.g. provision of rooms, power and other connections) so that assembly can be carried out as agreed. The risk of accidental loss and accidental deterioration passes to the purchaser upon handover, or at the latest upon transfer of ownership.

8.4 If shipping is delayed due to circumstances for which the purchaser is responsible, the risk passes to the purchaser from the day the item is ready for dispatch. In this case, we are entitled to store the goods at our discretion at the purchaser's expense and risk and to demand payment of the agreed price. We can charge a flat rate of 0.5% of the invoice amount per month or part thereof; We reserve the right to provide evidence of higher costs and the purchaser reserves the right to provide evidence of lower costs.

9. Retention of title

9.1 We reserve title to our goods (“reserved goods”) until all, including future, claims from the entire business relationship, including all additional claims and bills of exchange and checks received, have been paid in full. In the case of current invoices, the reserved property serves as security for the balance claim.

9.2 If the purchaser behaves in breach of contract, in particular late payment, we can demand return of the reserved goods that are our property; we are entitled to take these ourselves. For this purpose, the customer irrevocably grants us access to his business premises. The taking back of the reserved goods by us does not constitute a withdrawal from the contract. After taking back the reserved goods, we are authorized to use them. The proceeds from the sale must be offset against the purchaser's liabilities - less appropriate utilization costs.

9.3 The customer is obliged to treat the reserved goods with care; In particular, he is obliged to adequately insure them at their new value against fire, water and theft damage at his own expense. If maintenance and inspection work is necessary, the purchaser must carry this out in a timely manner at his own expense.

9.4 Treatment and processing by the customer is carried out on our behalf and is always carried out for us without committing us. If our reserved goods are processed, combined or inseparably mixed with other items that do not belong to us, we acquire co-ownership of the newly created item in the ratio of the invoice value of the reserved goods to the other items at the time of processing, combined or mixed. The resulting co-ownership goods are considered reserved goods within the meaning of Section 9.1. If our ownership expires through combination or mixing, the purchaser transfers to us the ownership rights to the new goods to which he is entitled in the amount of the invoice value of our goods and stores them for us free of charge; Any co-ownership that arises hereafter is considered reserved goods within the meaning of Section 9.1. To secure our claims against the purchaser, the purchaser also assigns to us any claims that arise against a third party as a result of the connection of the reserved goods with a property.

9.5 The purchaser is permitted to resell goods owned or co-owned by us as part of his regular business operations. The purchaser hereby assigns to us all claims against his customers arising from the resale; If we are only entitled to co-ownership of the goods sold, the purchaser assigns the claim in accordance with our co-ownership quotas; We accept the assignment. The purchaser remains authorized to collect claims assigned to us. Our authority to collect the claim itself remains unaffected. However, we undertake not to collect the claim as long as the purchaser meets his payment obligations from the proceeds collected, does not default on payment and, in particular, no application for the opening of insolvency proceedings has been filed or payments have been suspended. However, if this is the case, the purchaser must, upon request, immediately send us a list of the claims assigned to us, stating the address of the customer and the amount of the claim. Furthermore, at our request, the purchaser is obliged to inform the customer of the assignment and to provide us with the information required to assert our rights or to hand over the necessary documents.

9.6 Extraordinary dispositions, such as pledging and transfer of ownership as security, are not permitted. Access by third parties to our reserved goods or to a claim assigned to us, in particular seizures, must be reported to us immediately in writing by the purchaser. If the third party is unable to reimburse us for the judicial and extrajudicial costs of a lawsuit in accordance with Section 771 ZPO, the purchaser is liable for the loss incurred by us. We undertake to release the securities to which we are entitled at the purchaser's request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%; We are responsible for selecting the securities to be released. The release takes place through transfer or reassignment.

10. Gerichtsstand/Anwendbares Recht/Schlussbestimmungen

10.1 Es gilt deutsches Recht, die Anwendung des UN-Übereinkommens über Verträge über den internationalen Warenkauf (CISG) ist ausgeschlossen.

10.2 Ausschließlicher Gerichtsstand ist das für unseren Sitz zuständige Gericht; wir sind aber auch berechtigt, Ansprüche am Sitz des Bestellers geltend zu machen.
Sollte eine dieser Bestimmungen unwirksam sein oder werden, wird die Wirksamkeit der übrigen Bestimmungen hiervon nicht berührt.