Legal Area
APV Germany GmbH - General terms and conditions
A – Range of validity. All deliveries, services and offers of APV Germany GmbH are exclusively caused by these terms and conditions. These apply after access also to future business relations, also if they shall not explicit arranged once again. Deviated agreements of these terms and conditions need the writing form. An inclusion of general terms and conditions of the business partner, no matter out of which legal reason hereby is contradicted.
As far as the parties entitled to vote with respect to the applied law, it applies excluding the law of the German Federal Republic.
B – Offers and confirmation of orders. The offers and specifications contained in folders and advertisements are noncommittal and not binding, also concerning the quotations. They do not represent a condition or a durability warranty.
Except in the case of direct invoice placing respectively supply, which is equate to the written acknowledgement, notifications of acceptance, contract modifications or contract supplements and orders must be drawn up in writing of their effectiveness.
From the customer in writing indicated and by the APV Germany GmbH confirmed contract modifications or contract supplements entitle the APV Germany GmbH to a one-sided adjustment of the thereby touched contract conditions.
C – Deliveries. Before or during placing of order specified times for delivery become effective only if the APV Germany GmbH acknowledges these in writing. The agreed time for delivery starts with the contract conclusion. As far as the client is, according to these terms and conditions, according to the single contract or the legal regulations, obligated to the publication of quantities, dimensions, qualities or quality requirements, the time for delivery begins when these specifications have been transmitted at APV Germany GmbH. Orders or on call placed orders must be recalled in time, at the latest three weeks before delivery or service in writing.
The time for delivery is considered as kept, if the APV Germany GmbH dispatched the delivery on the last day of the agreed period.
In case of later order alteration by the customer the APV Germany GmbH is no longer bound to the delivery time upon agreed with contract conclusion. If a new time for delivery cannot be agreed with the customer, both parties are justified to quit the contractual relation corresponding to the §§ 643, 649 of BGB.
Delivery and service delays due to higher force and due to events, which makes APV Germany GmbH the delivery or service more difficult or impossible - for this count in particular strike, lockouts, official arrangements, out or import bans, general shortage of raw or fuel, traffic obstructions – the APV Germany GmbH does not have to represent these reasons, also if times or deadlines for delivery are obligatorily agreed. Such obstacles in service and delivery will entitle the APV Germany GmbH to require from the customer an extension of the time for delivery or service around the duration of the obstacle plus an appropriate starting time.
If a time for delivery or service as obligatory agreed with the APV Germany GmbH is not kept, then the customer is entitled to set to the APV Germany GmbH an appropriate extension in writing to contribute the service or delivery. Usually the period is to amount to at least two weeks, unless exceptional circumstances requires a reduction or reasons of the § 323 II BGB are present. After unsuccessful expiration of this extension the customer can withdraw from the contract.
The APV Germany GmbH is entitled to part shipments and part services at any time.
D – Transfer of risk – Transport. The delivery takes place also on danger of the customer if the APV Germany GmbH carries the transportation expenses totally or partly. It is valid in the same way, when the shipment will carry out by the APV Germany GmbH or by their assistants or executing aides, unless roughly negligently or deliberately one concerns.
The APV Germany GmbH is entitled at any time to transfer the shipment or the execution of the delivery to a third party company. If the APV Germany GmbH makes use of this right, the danger turns into the responsibility of the customer, as soon as the goods are transferred correctly to third party or left working area of the APV Germany GmbH for shipment purposes.
If a collecting debt is agreed or if the transport without being to blame for the APV Germany GmbH becomes impossible, the danger with supply of the goods and message of readiness turns into the responsibility of the customer.
E – Guarantee
E1 – Packaging. The APV Germany GmbH provides a correct and branch normal packing, but is responsible in the case of the offence for rough negligence and intention only.
E2 – Tolerances. In the case of all deliveries the APV Germany GmbH is entitled to the right of the following tolerances:
Substance (grams/m²): Uncoated papers +/- 7%. Coated papers +/- 9%.
Dimensions: Width +/- 5 mm. Diameter + 2.5 cm/- 8 cm.
E3 – Material & execution. The contractual obligation of the APV Germany GmbH is limited to the delivery of materials of middle type and quality. Reproofs for defect referring to the behaviour of packaging in opposite to the filling material and vice versa can be only raised, if the customer and the APV Germany GmbH agree expressly on special characteristics of packaging or filling material.
E4 – Requirements for lack. With processed-out orders the APV Germany GmbH takes over the guarantee for its factory service only, not for the customer-laterally delivered material. As far as the work executed by the APV Germany GmbH is defective, the legal liability is limited to the height of the executed and by 1000 kg charged waged labour. Continuous claims, in particular on compensation for damages in order to consequential damages, are out of the question so far the APV Germany GmbH did not act on purpose.
The lack of a section of a delivery or a service cannot lead to the objection of the whole delivery or service, if a separation from faultless and defective goods with reasonable means is possible. In these cases can - after the APV Germany GmbH did two unsuccessful reworks - reduction only and, if the goods for the customer are objectively worthless, change are made valid. A claim to compensation for damages is impossible; so far the APV Germany GmbH caused the fault of service or delivery roughly negligently or intentionally.
The APV Germany GmbH is to be given opportunity to visit on the spot those as defective reproved goods under reasonable conditions and determine the fault.
Faults of the service or delivery are immediately to reprove toward the APV Germany GmbH in writing, however at the latest five days after the arrival of the service or delivery at the destination. Inherent vices, which cannot be discovered with careful inspection within this period, are immediately to reprove toward the APV Germany GmbH after discovery.
Not proper storage by the customer excludes any warranty claim or claim for damages. The customer bears the burden of proof for the proper storage.
E5 – Limitation of liability. Relevant claims for damages of the customer are out of the question, unless the APV Germany GmbH did not act roughly negligently or deliberately.
Claims for damages equal from which argument, are - except into under the paragraphs A to A4 expressly specified cases - both against the APV Germany GmbH and their assistants or executing aides impossible, as far as roughly negligent or deliberate behaviour is not present. The paragraph A does not apply to the case of the violation of lives, the body or the health.
The customer bears deviating from § 280 BGB the burden of proof for the fact that the APV Germany GmbH did act roughly negligently or deliberately.
F – Reservation of ownership – Right of lien. The finished or manufactured goods according to the order or separable parts of this goods is up to the payment of all existing and future receivables from the business relation between the parties and up to the payment of a any balance resulting in charge to the customer from current invoice - with the devotion and acceptance of cheques or changes up to the credit note on the account - in the ownership of the APV Germany GmbH.
Unusual orders such as mortgage, transfer of ownership by way of security or protection transfer etc. are admissible with the agreement of the APV Germany GmbH only. The customer has to inform the APV Germany GmbH before any third party accesses to the goods which are still in their property.
The company acquires a contractual right of lien at all articles and goods, which will leave it in the course of the received orders or job execution of the customer.
If the customer does not comply his payment liabilities, the APV Germany GmbH is entitled - after previous menace - to be used the pledge property by auction or free-handled sales and be satisfied with respect to all costs and the secured debt.
G – Prices, payment & payment guarantees.
G1 – Prices. The prices specified in the order confirmation of the APV Germany GmbH apply plus value added tax in the respective legal height.
As far as nothing different one is agreed upon, the quotations of the APV Germany GmbH understand themselves net ex works by exclusion of shipping and freight charges.
If the goods are charged depend on weight, then the calculation is based on the gross weight if wrapping paper will be used.
G2 – Payment. Invoices are immediately net cash payable. Deviating agreements can be individual between the customer and the APV Germany GmbH. These must be taken up expressly to the order confirmation. All customers of the APV Germany GmbH are announced to a credit insurance. If a refusal of the insurance should occur, the delivery of the goods is possible only against prepayment.
The APV Germany GmbH is entitled to set off arriving payments at first to former expenses and interest and only after that against the principal claim, also in the case of different phrased regulations of the customer. If the customer does not act as a merchant or otherwise in practice of a commercial activity, a deviating setting off according to § 497 section 3 BGB is allowed.
Payments are considered as effected only if the amount is available for APV Germany GmbH. In the case for the payment by cheque, which are assumed in each case in payment of a debt only, payments apply only as effected if the cheque took place redeemed and the credit note. A payment by changes requires special agreement. The customer has to bear interest and costs of the discounting or the collection of changes or cheques and settle immediately in cash.
Get the customer into delay with payments, the APV Germany GmbH is entitled to calculate interest at a value of 8 per cent points over the valid base interest from the concerning moment.
Become the company circumstances admits, who question the credit-worthiness of the customer, in particular cheques are not redeemed or back loaded or stop the customer its payments, the APV Germany GmbH is authorized to turn the entire amount to the immediate payment due. In this case, agreements of respite or payment by instalments are groundless also without separate notice.
Neither a right to refuse payment still another right of lien from the contract are entitled to the customer. The customer is entitled to the set-off only if the debt is undisputed or validly determined.
G3 – Payment guarantees. Will the APV Germany GmbH subsequently known about circumstances, which let the credit standing of the customer appear doubtful, the APV Germany GmbH is entitled after own selection - as far as thereby their requirement for payment appears endangered – to made the further handling of the order and the delivery dependent on a pre-payment, to ask for an appropriate security or withdraw from the contract. The height of the security or pre-payment determines APV Germany GmbH according to approve discretion (§ 315 BGB).
H – Venue. If the customer is fully qualified merchant in the sense of the commercial code, legal entity of the public right or public special estate, Bramsche is exclusive area of jurisdiction for all itself from the contractual relation directly or indirectly resulting in disputes. This applies also to complaints from change or cheque. The company is entitled to justify by its selection the area of jurisdiction, also at the registered place of business or domicile of the customer.
Place of delivery for service, delivery and payment is Bramsche.
If regulations in these terms and conditions or in the context of other agreements should be or become ineffective, the effectiveness of all other regulations or agreements is not touched.
APV Germany GmbH · Am Kanal 6 · 49565 Bramsche
Ust-ID-Nr.:
204 855 151
Legal Notice
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APV Germany GmbH HRB Osnabrück Abt. B Nr. 19749 Bank: |
Managing Director: Uwe Schulze
Use of site
APV authorizes you to view and download the materials at this website, however only for your personal, non commercial use and provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. It is strictly forbidden to modify the materials at this website in any way or reproduce, publicly display, distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other website or networked computer environment for any purpose is prohibited.
Disclaimers
The materials and services at this website are provided "as is" without guarantees of any kind. APV’s obligations with respect to its products and services are governed solely by the commercial documents and general sales conditions. Nothing on this website should be construed to alter such documents.
Furthermore APV does not guarantee the accuracy and completeness of the materials or services at this website. APV may make changes to the materials and services at this website or to the products described in them at any time without notice. The materials and services at this website may be out of date however, APV makes no commitment to update the materials and services at this website. Information published at this website may refer to products or services that are not available in your country.
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Links to third-party Websites
Links on this website to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this website. APV has not reviewed these third-party sites and does not control and is not responsible for any of the sites or their content. Thus, APV does not ratify or represent theses sites or any information, software, other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this website, you do so at entirely your own risk.
Linking to this site
You may create links to this website from other sites but only in accordance with the terms listed below and in compliance with all applicable laws.
A site which links to APV’s site:
- May link to but not replicate APV's content
- Should not create a browser or border environment around APV's content
- Should not imply that APV is endorsing it or its products
- Should not misrepresent its relationship with APV
- Should not present false information about APV products or services
- Should not use the APV logo without permission from APV
- Should not have a content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.
Data protection
We attach great importance to the protection of your data and the preservation of your privacy. Below we inform you about the collection and use of personal data when using our website and how our company ensures the confidentiality of your personal data.
Validity This privacy policy applies exclusively to the web pages responsible for the APV Germany GmbH. It may contain links to the websites of other companies, organizations or associations on whose content we have no influence and for which we bear no responsibility and to which our privacy policy does not apply.
Non-personal information The log does not collect personal user data (name, address, date of birth etc.) unless you yourself have provided them. To improve our offer we only evaluate confidential statistical information, which do not allow any conclusions to your person.
Collection, processing and use of personal data we collect personal data (individual disclosures of personal or factual circumstances of an identified or identifiable natural person) only to the extent provided by you available. The collection and use of your personal data takes place for the processing of your order and your inquiries. After full contract processing first data will be saved under considering the tax and commercial law retention periods and be deleted after the deadline, provided you did not have accepted further processing or use.
Collection and processing when using the contact form When using the contact form we collect personal data (individual disclosures of personal or factual circumstances of an identified or identifiable natural person) only to the extent provided by you available. We use your e-mail address only for the processing of your inquiry. Your data will be deleted after that, provided you did not have accepted further processing or use.
Disclosure of personal data we do not share any personal data to third parties without your explicit consent. Except for those are our service partners which we need for the settlement of our contract. In these cases we fully comply the provisions of the Federal Data Protection Act (BDSG). The scope of the data disclosure is limited to the minimum.
Cookies Our website uses at several locations so-called cookies. Cookies are small text files that are stored on your computer and stored by your browser.
They are used to store the information about a user (or the device on which the cookie is stored) during or after his visit to an online offer. As a temporary
Cookies, or "session cookies" or "transient cookies", are cookies that are deleted after a user leaves an online service and closes his browser. In one
such cookie can e.g. the contents of a shopping cart in an online shop or a login status are saved. Cookies are called "permanent" or "persistent" and are also used after the
Close the browser to remain saved. Thus, e.g. the login status will be saved if users visit it after several days. Similarly, in such a cookie the interests
of the users used for range measurement or marketing purposes. A "third-party cookie" refers to cookies that are used by other providers than the
Responsible person offering the online offer (otherwise, if it is only their cookies, this is called "first-party cookies").
We can use temporary and permanent cookies and clarify this in the context of our privacy policy.
Most browsers accept cookies by default. You can allow or prohibit temporary and saved cookies in the security settings independently of each other.
Disable cookies, you may not be able to use certain features on our pages, and some websites may not display properly.
Your personal data (name, address, etc.) are not linked to data stored in the cookies.
Marketing- / Third Party- / Consentable cookies Amongst other things, cookies that are subject to approval come from external advertising companies and are used to collect information about the websites visited by the user in order to: B. create targeted advertising for the user. No marketing / third party / consent cookies are used on our website.
Use of Google Analytics We use the service "Google Analytics" on this website. Provider is Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. Google is certified under the Privacy Shield Agreement, which provides a guarantee to comply with European privacy legislation
(https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active).
Google Analytics uses so-called "cookies", text files that are stored on your computer and that allow an analysis of the use of the website by you. Google Analytics cookies are stored on the basis of Art. 6 para. 1 lit. f DSGVO. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.
Google uses this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide
us with further services related to the use of this online offer and the internet usage. In this case, pseudonymous usage profiles of the users can be created from the processed data.
We only use Google Analytics with activated IP anonymization. Your IP address will be truncated by Google within member states of the European Union or in other contracting states of the
Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there.
The IP address provided by Google Analytics as part of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies and furthermore the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google as well as the processing of this data by Google by using the link below
(http://tools.google.com/dlpage/gaoptout?hl=de).
We also offer you the option to opt-out of your website usage data for this website by clicking on the following link:
Disable Google Analytics data collection for this site. In this case, a special opt-out cookie will be set to prevent the future collection of your usage data when you visit this website.
For more information on how to handle user data on Google Analytics, please refer to the Google Privacy Policy:
(https://support.google.com/analytics/answer/6004245?hl=de).
Use of Google Adwords Tracking This website uses the conversion tracking of the online advertising program Google AdWords. AdWords is an online advertising
program of Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, United States ("Google"). Google Adwords sets a cookie on your computer if you have reached our website via
a Google ad. The storage of "conversion cookies" is based on Art. 6 para. 1 lit. f DSGVO. These cookies lose their validity after 30 days and are not used for personal identification.
Through this cookie, Google and we recognize that you clicked on the ad and were redirected to our site. Every Google Adwords customer receives a different cookie. Thus, there is no way that
cookies can be tracked through the websites of advertisers. With their help, the user is provided with an individual cookie, i. a small file is saved (instead of cookies, comparable technologies
can also be used). In this file is noted which websites the user visited, for what content he is interested and what offers the user has clicked, as well as technical information about the browser
and operating system, referring websites, visit time and other information on the use of the online offer. However, we do not receive any information that personally identifies users.
If you do not want to participate in the tracking process, you can also refuse the required setting of a cookie - for example, via a browser setting that generally disables the automatic
setting of cookies. You can also disable cookies for conversion tracking by setting your browser to block cookies from the domain "www.googleadservices.com".
For more information about Google's data usage, hiring and disparaging options, please read Google's Privacy Policy
(https://policies.google.com/technologies/ads) and Google's Ads Ads Settings
(https://adssettings.google.com/authenticated).
Presence in social networks We use third-party content or service offerings within our online offering to provide their content and services, such as content and services. videos
or fonts (the basis for this is Article 6 (1) (f) of the DSGVO).
This always presupposes that the third-party providers of this content perceive the IP address of the users, since they could not send the content to their browser without the IP address. The IP address
is therefore required for the presentation of this content. We endeavor to use only content whose respective providers use the IP address solely for the delivery of the content.
Youtube - We use the YouTube portal of Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA to integrate our image videos.
Data protection:
https://www.google.com/policies/privacy/, Opt-Out:
https://adssettings.google.com/authenticated.
Google Web Fonts - We bind the fonts ("Google Fonts") of the provider Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA, for the unified representation of our
Website. If your browser does not support web fonts, a default font will be used by your computer.
Data protection: https://www.google.com/policies/privacy/,
Opt-Out: https://adssettings.google.com/authenticated.
Google Maps - We bind the Maps of the Google Maps service provided by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA, for ease of locating the
us on the website specified places. The processed data may include in particular IP addresses and location data of users, but not without their consent
(as a rule carried out as part of the settings of their mobile devices) are collected. The data can be processed in the USA.
Data protection: https://www.google.com/policies/privacy/,
Opt-Out: https://adssettings.google.com/authenticated.
Google ReCaptcha - For recognizing bots, e.g. when entering the inquiry / contact form, we take use of the function "ReCaptcha"
from Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA.
Data protection: https://www.google.com/policies/privacy/,
Opt-Out: https://adssettings.google.com/authenticated.
Information, Correction, Blocking and Deletion of data You have got any time the right to get free information about you stored data also the right of correction, deletion or blocking. Contact us on request. The contact details can be found in our legal notice. Name and contact details of the responsible person:
APV Germany GmbH
Am Kanal 6
49565 Bramsche
info@apv.de