Imprint

WWW.LUXELEMENTS.COM, WWW.LUXELEMENTS.DE

LUX ELEMENTS GmbH & Co. KG
An der Schusterinsel 7
D - 51379 Leverkusen-Opladen

GERMANY

Telefon +49 (0) 21 71/ 72 12 - 0
Telefax +49 (0) 21 71/ 72 12 20

Email: info@luxelements.de
Inquiries/Orders: sales@luxelements.de

Company headquarter Leverkusen
Amtsgericht Köln HRA 20336

Pers. haftend LUX ELEMENTS
BETEILIGUNGS GmbH
Amtsgericht Köln HRB 48872
Director: Julia Lux
Data security officer: Bianca Lux

Ust.Id.-Nr.: DE 123.666.289
Steuer Nr.: 230/5752/1081

 

CONTENT

The author reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected.
All offers are not-binding and without obligation. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by the author without separate announcement.

REFERRALS AND LINKS

The author is not responsible for any contents linked or referred to from his pages - unless he has full knowledge of illegal contents and would be able to prevent the visitors of his site from viewing those pages. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages. Furthermore the author is not liable for any postings or messages published by users of discussion boards, guestbooks or mailinglists provided on his page.

COPYRIGHT

The copyright for any material created by the author is reserved. Any duplication or use of objects such as diagrams, images or texts in other electronic or printed publications is not permitted without the author's written agreement.

LEGAL VALIDITY OF THIS DISCLAIMER

This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.

1) Preamble

Welcome to our website! We place great value on the protection of your data and the safeguarding of your private sphere. We would like to explain to you what data we process for what purpose and on what legal basis. The aim is to show you how our services work and how the protection of your personal data is guaranteed.

The following privacy statement applies for the following of our websites:

Personal data according to Art. 4 ( 1) GDPR is all information which relates to an identified or identifiable natural person. A natural person is seen as identifiable if s/he can be directly or indirectly identified. For more information please see e.g. Art. 4 (1) GDPR.

This privacy statement can be accessed online, e.g. at https://www.luxelements.com/lux_en/impressum.htm#datenschutz.

 

Insofar as we invoke as the legal basis for the processing of personal data our justified interest or a justified interest of a third party (Art. 6 (1) lit. f) GDPR), you have a right of objection according to Art. 21 GDPR:

 

According to Art. 21 GDPR you have the right

of objection at any time to the processing of personal data.We will then no longer process the personal data for the purposes of direct marketing or related profiling.

 

After an objection we will no longer process your personal data unless we can prove urgent security reasons for doing so which outweigh your interests, rights and freedoms or we can prove that processing your data is in the interests of asserting, exercising or defending legal claims (see e.g. Art. 21 ( 1) GDPR, "limited right of objection").In this case you must set out reasons for the objection deriving from your special situation.

 

You may also object to the processing of your personal data, for reasons that arise from your particular situation, for scientific or historical research purposes or for statistical purposes under Article 89 (1) GDPR, unless the processing is to fulfil a task in the public interest (see Article 21 (6) GDPR).

 

 

We will refer again to the right of objection separately in individual sections (for example, by stating: "You have a right of objection"), if this right exists. There you will also find further information on the assertion of your right of objection.

In the interests of the clarity of the following privacy statement, we refer you by links at various points to information and data protection notices which are located on external websites (see also section "Social networks & external links" in this privacy statement). We make every effort to keep the links that we list in this privacy statement up to date. Nevertheless, due to the constant updating of the websites, it is not guaranteed that links will always work correctly. If you discover a malfunctioning link, please let us know and we will update it.

2) Person in charge

Person in charge in the sense of Art. 4 ( 7) GDPR for the processing of personal data is:

LUX ELEMENTS GmbH & Co. KG
An der Schusterinsel 7
D - 51379 Leverkusen-Opladen

Phone +49 (0) 21 71/ 72 12 - 0
Fax +49 (0) 21 71/ 72 12 40
E-mail: info@luxelements.de

3) Contact partner for data protection

Please direct any questions about the use of your personal data and about your rights concerning data protection to:

Bianca Lux
LUX ELEMENTS GmbH & Co. KG
An der Schusterinsel 7
51379 Leverkusen-Opladen
Germany

Tel.: + 49 (0) 2171-7212-0
E-Mail: datenschutz@luxelements.de

4) Log files

Each time you call up one of our websites, we automatically collect data and information from the operating system of your device and we sometimes store it in so-called server log files. The data is automatically transferred by your browser when you call up one of our websites. The following details are logged:

  • The time at which you call up our website (request to the host provider's server)
  • URL of the website from which you called up our website
  • The operating system you use
  • The type and version of the browser which you use

This data is processed to enhance the availability of our website from your device and enables the correct display of our website on your device and/or in your browser. This data helps us to optimise our website and we analyse it anonymously for this purpose.

The legal basis for its processing is 6 (1) lit. f) GDPR. We have a justified interest in presenting an optimised website for your browser and enabling communication between our server and your terminal.

We store the data for two years.

The recipient of the data is our server host, which acts for us in the context of a commissioned data processing.

 

Right of objection

You have a right of objection.

You can send and/or communicate your objection to us at any time (e.g. by email to datenschutz@luxelements.de).

 

The provision of personal data is neither legally nor contractually prescribed, nor is it required for the conclusion of contract. You are not obliged to provide your personal data. However, under certain circumstances, the non-provision of your personal data may result in your not obtaining the use and/or full use of the website.

5) Cookies

Our websites use cookies. Cookies are text files which are stored on your device in order to e.g. make the use of a website easier or to recognise a user's device and save settings or the like. Inputs and settings on a website can be stored in cookies so that you do not have to re-enter them the next time you visit the website. Cookies include a so-called cookie ID wherein it is possible to assign the device in which the cookie has been stored. The following individual cookies are used:

  • Cookies containing a randomly generated and unique identification numbers which enable you or your device to be identified during your visit to our website. These cookies are automatically deleted after the end of your visit.
  • Cookies containing a randomly generated and unique identification number which enable you or your device to be identifiable to our website. You can find the storage duration either in the overview below or via your browser by displaying the cookies (usually by clicking on the "i" next to the address list, e.g. in Firefox or Google Chrome).

The following cookies in particular are placed by us or services used by us:

 

Cookie

Provider/service

Expiry time

Description

_ga

Google Analytics

2 years

Used for statistical data collection by Google Analytics.

_gat

Google Analytics

10 minutes

In high traffic this cookie limits the data collected by Google Analytics.

_gat_gtag_UA_*_*

Google Analytics

Session end

User identification/ differentiation

drdsgvo_consent
drdsgvo_consent_id

Lux Elements

One year

Storage of the user entry for banner cookie, so that the banner is not always displayed.

PHPSESSID

Lux Elements

Session end

Used for session management for user log-in

 

 

At any time, you can display all cookies which we use on our various websites and further information about them using your browser.

Cookies set by ourselves are processed to make the use of our website more convenient to you and to enable you to save settings.

The legal basis for its processing is 6 (1) lit. f) GDPR. We have a justified interest in presenting to you a website which saves your personal settings and makes your visit to our website easier.

 

Right of objection

You have a right of objection.

You can limit or completely disable the setting of cookies in your browser settings. You can also automatically have deleted cookies when you close your browser window.

You can find here how to delete cookies in the most common browsers and change cookie settings, for example:

The provision of personal data is neither legally nor contractually prescribed, nor is it required for the conclusion of a contract. You are not obliged to provide your personal data. However, under certain circumstances, the non-provision of your personal data may result in your not obtaining the use and/or full use of the website.

Cookies are used by other services we use too. For each service we explicitly refer to the use of cookies.

6) Information about Google services

For our websites, we use a number of services of Google LLC ("Google"), 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

You can find more information about the individual Google services we use later on in our privacy statement.

With the integration of Google services Google may under certain circumstances collect and process information (including personal data). It cannot be guaranteed that Google does not pass the information on to a server in a non-EU country.

As specified in Google's Privacy Shield Certification (search "Google" at https://www.privacyshield.gov/list), Google is committed to upholding the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework on the collection, use and storage of personal data from the EU member states and/or the Switzerland. Google, including Google LLC and its one-hundred-percent subsidiaries in the USA have certified that they are committed to upholding the Privacy Shield principles. You can find more information about this at https://www.google.en/policies/privacy/frameworks/.

We cannot influence what data Google actually collects and processes. Google however states that at least the following information (including personal data) might be processed:

  • Protocol data (particularly the IP address)
  • Geographical information
  • Unique application numbers
  • Cookies and similar technologies

You can find information about the cookie types used by Google at https://policies.google.com/technology/types.

When you are logged into your Google account, Google can add the processed information to your account depending on your account settings and treat it as personal data. Google states e.g. the following:

"If you are not logged in to a Google Account, we will store the data we collect with unique identifiers associated with the browser, app, or device you are using.In this way we can ensure, for example, that your language settings are maintained throughout all browser sessions.

When you are logged into a Google Account, we also collect data we store in your Google Account and which we consider to be personal data." (https://www.google.com/intl/de/policies/privacy/index.html)

You can stop this data from being directly added by logging off from your Google account or by making the corresponding account settings in your Google account. You can also change your cookie settings (e.g. delete, block cookies etc.). You can find further information at "5) Cookies".

You can access more detailed information about Google's data protection here:

You can find information about Google's privacy settings at https://privacy.google.com/take-control.html

7) Use of Google Analytics

We use Google Analytics from Google on our websites (https://www.luxelements.com /.de, https://www.m.luxelements.com / de, http://m.luxelements.com / de, http://www.das-original-kanns.de/ ) .

Google Analytics uses so-called "cookies", text files that are stored on your device and allow the analysis of your use of the websites you visit. Google Analytics can also use so-called Web Beacons (non-visible graphics). Web Beacons allow information such as user traffic on the websites to be analysed. The information generated by Cookies and Web Beacons regarding the use of our website (including the user's IP address) is transmitted to a Google server which may be in the USA or a non-EU country, where it may be saved. This information can be passed on by Google to its contract partners.

Information about Google's Privacy Shield Certification and other relevant information about Google's processing of data in the context of using Google services can be found in this privacy statement under section "6) Information about Google services".

The following types of data are processed by Google:

  • Online identifiers (including cookie IDs)
  • IP address
    • Device identifiers

You can also find further information at https://privacy.google.com/businesses/adsservices/.

We use Google Analytics only with activated IP anonymising ("anonymize IP"). This will result in your IP address being abbreviated by Google within member states of the European Union or other parties to the Agreement on the European Economic Area prior to being sent to the USA. Only in exceptional cases will the full IP address be sent to a Google server in the US and abbreviated there.

We have agreed a data processing agreement for the use of Google Analytics with Google (Art. 28 GDPR). Google processes the data in our order to analyse your use of our websites, to compile reports about website activity and to provide further services related to website use and internet use for us. Google may pass this information to third parties if legally required or if said third party uses this data by on behalf of Google.

We integrate Google Analytics to analyse user behaviour on our website and be able to respond. This enables us to continually improve our offer.

The legal basis for the processing of personal data described here is Art. 6 (1) lit. f) GDPR. Our justified interest lies in the great benefits for our offer of the functions described above. The statistical analysis of user behaviour enables us in particular to respond appropriately to interest in our range and to optimise our offer accordingly.

Google is entitled to appoint subcontractors in the context of data processing. A list of these subcontractors is available at https://privacy.google.com/businesses/subprocessors/.

 

Right of objection

 

You have a right of objection.

 

You can prevent Google from processing your data by downloading and installing the browser plug-in from the link below: https://tools.google.com/dlpage/gaoptout?hl=de

 

You can also prevent Google Analytics from collecting your data by clicking on the link below. This sets an opt-out cookie which prevents your data from being collected during future visits to this website: Deactivating Google Analytics.

 

You can also change your cookie settings (e.g. delete, block cookies etc.). You can find further information at "5) Cookies".

 

The information processed is stored for 26 months and then automatically deleted.

The provision of personal data is neither legally nor contractually prescribed, nor is it required for the conclusion of contract. You are not obliged to provide your personal data. However, under certain circumstances, the non-provision of your personal data may result in your not obtaining the use and/or full use of the website.

8) Use of YouTube

We use videos from YouTube on our website. YouTube is a service of, and is provided by, YouTube LLC ("YouTube"), 901 Cherry Ave., San Bruno, CA 94066, USA. YouTube LLC is a subsidiary of Google LLC ("Google"), 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

YouTube is embedded into our website by the use of a so-called "iFrame". In the loading of this iFrame, YouTube and/or Google under certain circumstances collects and processes information (including personal data). It cannot be guaranteed that YouTube and/or Google does not transmit the information to a server in a non-EU country.

Information about Google's Privacy Shield Certification and other relevant information about Google's processing of data in the context of using Google services can be found in this privacy statement under section "5) Information about Google services".

We use YouTube in so-called "enhanced data protection" mode. According to information provided by Google this enables a video to be played without the collection of user data via cookies. We do not collect data when you watch one of our YouTube videos.

We use YouTube to offer you a range of different videos on our website so that you can see these directly at our website.

The legal basis for the processing of personal data described here is Art. 6 (1) lit. f) GDPR. Our requisite justified interest lies in the great benefit which YouTube offers. By embedding external videos, we can save space on our server and use the corresponding resources for other tasks. This can increase the stability of our server amongst other things. YouTube and/or Google also have a justified interest in using the (personal) data they collect to improve their own services.

 

Right of objection

 

You have a right of objection.

 

You can send and/or communicate your objection to us at any time (e.g. by email to datenschutz@luxelements.de).

 

You can also change your cookie settings (e.g. delete, block cookies etc.). You can find further information at "5) Cookies".

 

 

The provision of personal data is neither legally nor contractually prescribed, nor is it required for the conclusion of contract. You are not obliged to provide your personal data. Non-provision however may result, under certain circumstances, in your being unable to use some contents of our websites.

9) Registration image portal

You have the option to have a user account created on our website http://bilder.luxelements.de/index.php. For access to our image portal please contact us directly and we will send you your personal login. There will be no personal data stored. In case you do not need the image portal anymore, we would kindly ask you to inform us, so we can delete your account.

10) Applications

We also offer you the opportunity to apply for posts on our website and to send your application by email or post.

When you send us your application we will process the information which you provide in relation to the application (e.g. your email address if you send your application by email).

If you send your application electronically, we will use your email address to process the application and to contact the applicant in relation to the application. For postal applications we will use the data provided by you. The purpose of processing the personal data obtained from the application documents sent by you is to be able to identify a suitable candidate.

The legal basis for processing your email address is 6 (1) lit. f) GDPR. Our justified interest is in offering you the opportunity to apply for a post with us electronically. The legal basis for processing the personal data from the application is Art. 6 (1) lit. b), Art. 88 ( 1) GDPR, § 26 ( 1) BDSG (German Federal Data Protection Act) -new.

The application email and attachments will be kept until a decision is made for or against the applicant.  If you have sent us your application documents by post, we will destroy these after completion of the recruitment process if no employment or cooperation results. If you have sent your application to us by email, we will delete the email correspondingly.

If the processing of your data is based on our justified interest, you have a right of objection:

 

Right of objection

You have a right of objection.

You can send and/or communicate your objection to us at any time (e.g. by email to datenschutz@luxelements.de).

 

The provision of personal data is neither legally nor contractually prescribed, nor is it required for the conclusion of contract. You are not obliged to provide your personal data. Not providing your data may result in our being unable to process your application.

11) Contact form

You can get in contact with us via our contact form and also request our product catalogues. If you get in contact with us via our contact form our contact form, we will process the data which you enter. Required information is asterisked ("*").

You may enter additional data voluntarily. This may make it easier to process your request and enables us to look after your interests more effectively.

We treat required information and voluntary data in the same way.

We also store the data you provide in our ERP system (Enterprise Resource Planning) in order to process your case. If you have entered voluntary data (e.g. named your industry), this data will also be stored there.

The purpose of processing your personal data in the context of mandatory data and voluntary data is to process the contact request and to be able contact you to respond to your issue. We also process the data to send you the product catalogues which you have ordered, to invite you to selected events or to inform you about personnel changes within the company and changed contact data.

The legal basis for the processing of personal data described here is Art. 6 (1) lit. f) GDPR. Our justified interest is in offering you the opportunity to contact us at any time so that we can answer your query. We also have a justified interest in sending you product catalogues which you have ordered and sending you event invitations.

The data you provide is stored only as long as is required for the aforementioned purpose or as legally stipulated.

The recipient of the data is our server host, which acts for us in the context of a commissioned data processing. In addition, the data may be forwarded to the shipping service provider (e.g. if we are to send you our product catalogue).

 

Right of objection

 

You have a right of objection.

 

You can send and/or communicate your objection to us at any time (e.g. by email to datenschutz@luxelements.de).

 

The provision of personal data is neither legally nor contractually prescribed, nor is it required for the conclusion of contract. You are not obliged to provide your personal data. Not providing your data may result under certain circumstances in your not being able to use the contact form or our not being able to send you a catalogue.

12) Making contact

You can get in contact with us by telephone, fax or email.

If you contact us by post, we can particularly process your address data (e.g. surname, first name, street, town, postcode), date and time of the receipt of post and any data which results from your correspondence.

If you contact us by telephone, we can particularly use your telephone number and, as required in context of the conversation, we may request your name, email address, time of call and details about your request.

If you contact us by fax, we can particularly process the fax number or sender ID and the data provided within the fax.

If making contact by email we will particularly process your email address, time of email and any data from the message text (including attachments as required).

The purpose of processing the above data is to process the contact and get in contact with the enquirer in order to respond to the issue.

The legal basis for the processing of personal data described here is Art. 6 (1) lit. f) GDPR. Our justified interest is in offering you the opportunity to contact us at any time and be able to answer your queries.

The personal data is deleted as soon as it is no longer needed to achieve the aim for which it was collected.

 

Right of objection

 

You have a right of objection.

 

You can send and/or communicate your objection to us at any time (e.g. by email to datenschutz@luxelements.de).

 

The provision of personal data is neither legally nor contractually prescribed, nor is it required for the conclusion of contract. You are not obliged to provide your personal data. Not providing your data may under certain circumstances result in your not being able to use the opportunity to make contact and/or that we are unable to get in contact with you.

13) Social networks & external links

Along with this website we also maintain presence in social media which you can access via the corresponding buttons on our website. If you visit one of our social media sites, data is sent to the social network provider. It is possible that as well as storing the actual data entered by you into this social medium, the social network provider will also process other information.

Furthermore, the provider of the social network processes the most important data from the computer system from which you have logged on, for example your IP address, processor type and browser version.

If you have logged into a social network site with your personal user account, this network can assign the visit to this account.

You can find out the purpose and scope of the data collected by the respective medium and the further processing of your data plus your rights in relation to this in the respective provisions of the respective person in charge, e.g. at

Facebook: https://de-de.facebook.com/about/privacy/

Please also note that our websites include links to external third-party websites. We have no influence on the processing of data on these external websites.

14) Data security

We secure our website and other systems by technical and organisational means against loss, destruction, access, change or distribution of your data by unauthorised persons. Despite regular checks, however, complete protection against all dangers is not possible.

15) Alteration of privacy statement

Changes to the law or changes to our company's internal processes may necessitate an update of this privacy statement.

We will inform you on any changes above the heading "Privacy statement".

17) Rights of persons affected

You have the following basic rights:

  • Right to information (Art.. 15) GDPR)
  • Right of correction (Art. 16) GDPR)
  • Right of objection (Art. 21) GDPR)
  • Right of deletion (Art. 17) GDPR)
  • Right to limit processing (Art. 18f. GDPR)
  • Right of data transferability (Art. 20) GDPR)

Please address any questions in this regard to datenschutz@luxelements.de. Please note that in the event of these kinds of queries we must make sure we are really dealing with the person in question.

Without prejudice to any other administrative or judicial remedy, you have the right to complain to a data protection supervisory authority.

No automated decision-making takes place on our website.

Data protection information for business partners

Our handling of your data and your rights
Information according to articles 13, 14 and 21 of the General Data Protection Regulation (GDPR)

In accordance with the EU General Data Protection Regulation (GDPR) valid from 25 May 2018, we wish to take the opportunity with this data protection information to inform you, our business partners, about how we process your personal data and about your rights. This information will be updated whenever necessary and published on www.luxelements.com, where you will also find our data protection information for visitors to our website.

1. Who is responsible for the data processing and who is the Data Protection Officer?

Responsible is:
LUX ELEMENTS GmbH & Co. KG
An der Schusterinsel 7
D - 51379 Leverkusen
Tel.: +49 (0) 21 71 / 72 12-0
Fax: +49 (0) 21 71 / 72 12-40
E-Mail: info@luxelements.de

Our Data Protection Officer Bianca Lux can be contacted at the above address or by e-mail to datenschutz@luxelements.de.

2. What sources and data are used?

LUX ELEMENTS GmbH & Co. KG processes data that it obtains from the business relationship with you, for example in the context of the handling of customer contracts, personnel and supplier administration, and attendance to commercial agents and prospective customers.
Specifically, the following data in particular are processed:

  • identifying data (e.g. name, address and contact data of the business partner, bank account details)
  • information on the risk profile of the business partner, including creditworthiness and financial solvency as well as information in accordance with the suitability declaration
  • data connected with the execution of the specific order
  • tax-relevant data
  • contract data for other correspondence (e.g. correspondence with you)
  • advertising and sales data (e.g. products and services that are potentially of interest to you)

3. What is the purpose of the processing of my data and what is the legal basis for this?

LUX ELEMENTS GmbH & Co. KG processes your data on the following legal basis and for the purposes listed below:

3.1 For the fulfilment of contractual obligations (Article 6, section 1 b) GDPR)
Your data are processed in order to execute our contracts with you, i.e. for example for the carrying out of the service ordered. The purposes of the data processing depend in detail on the specific service and the contract documents.

3.2 In the context of the weighing of interests (Article 6, section 1 f) GDPR)
In addition, your data may be used on the basis of a weighing of interests to protect our justified interests or those of third parties. This takes place for the following purposes:

  • general business management and the further development of services, systems and products
  • fulfilment of internal requirements and the requirements of our affiliated companies, insurance, checking or administration purposes
  • guaranteeing IT security and IT operation
  • advertising, market and opinion research
  • assertion of legal claims and defence in legal disputes
  • prevention and solving of crimes as well as risk management and prevention of fraud

The interest of LUX ELEMENTS GmbH & Co. KG in the respective processing arises from the respective purposes and is otherwise of a business nature (efficient fulfilment of tasks, sales, avoidance of legal risks).
If the specific purpose allows, LUX ELEMENTS GmbH & Co. KG processes your data in pseudonymised or anonymised form.

3.3. On the basis of your consent (Article 6, section 1 a) GDPR)
If you have given your consent to the processing of personal data, the respective consent is the legal basis for the processing mentioned there.
In addition, you may have consented to being contacted by e-mail or telephone for advertising purposes.
You can revoke your consent at any time with effect for the future.
This also applies to declarations of consent that you have made to LUX ELEMENTS GmbH & Co. KG before the coming into force of the GDPR, i.e. before 25 May 2018. The revocation applies only to future processing.

3.4. On account of legal regulations (Article 6, section 1 c) GDPR)
LUX ELEMENTS GmbH & Co. KG is subject to various legal obligations, i.e. legal requirements (e.g. technical checking regulations, industrial health and safety regulations, money laundering laws, tax laws).
The purposes of processing include the checking of identity and age, the prevention of fraud and money laundering, accounting, the evaluation and control of risks (including the creation of a risk profile for business partners, as well as the checking of creditworthiness and the fulfilment of checking and reporting obligations under tax laws).

4. Who receives my data?

LUX ELEMENTS GmbH & Co. KG passes on your data only in compliance with the GDPR and the BDSG (German Federal Data Protection Act). Within LUX ELEMENTS GmbH & CO. KG, your data is received by those bodies that require it in order to fulfil the contractual and legal obligations or to fulfil their respective tasks (e.g. Sales, Marketing and Accounts).
In addition, the following bodies may receive your data:

  • processors (Art. 28 GDPR) employed by us, in particular in the fields of IT services, logistics, disposal and printing services, who process your data for us according to our instructions
  • public bodies and institutions where there is a legal or official obligation
  • our respective employees, advisers, representatives, proxies, accountants, service providers
  • other bodies for whom you have given us your consent to be given your data

5. How long will my data be stored?

We delete your personal data as soon as it is no longer required for the aforementioned purposes. After the termination of the business relationship your personal data will be stored if we are legally obligated to do so. This arises from legal verification and archiving obligations, which are governed among others by the German Commercial Code and Fiscal Code. Accordingly, storage periods may be up to ten years. In addition, it may be the case that personal data is stored for the period during which claims may be asserted against us (legal statute of limitations of three or up to thirty years).

6. Are data transmitted to a third-party country or an international organisation?

Your data are transmitted to states outside of the European Economic Area – EEA (third countries) only if this is necessary for the execution of your orders or is legally prescribed or if you have given your consent thereto.

7. What other data protection rights do I have?

Under the respective legal conditions, you have the right to information (Article 15 GDPR), to correction (Article 16 GDPR), to deletion (Article 17 GDPR), to restriction of the processing (Article 18 GDPR) and to data transferability (Article 20 GDPR).
In addition, you have the right to complain to a data protection supervisory authority (Article 77 GDPR).
You can assert these rights centrally against LUX ELEMENTS GmbH & Co. KG.

The responsible supervisory authority is the State Officer for Data Protection and Freedom of Information for North Rhine-Westphalia:

Landesbeauftragte für Datenschutz und Informationsfreiheit
Nordrhein-Westfalen
Postfach 20 04 44
D - 40102 Düsseldorf
Tel.: +49 (0) 2 11 / 3 84 24-0
Fax: +49 (0) 2 11 / 3 84 24-10
E-Mail: poststelle@ldi.nrw.de

Right of objection
You have the right to object to the processing of your personal data for the purposes of direct advertising without giving reasons. If we process your data for the protection of justified interests, you can object to this processing for reasons arising from your particular situation. We will then no longer process your personal data unless we can prove that there are compelling reasons worthy of protection for the processing that outweigh your interests, rights and freedoms or that the processing serves the assertion or exercising of, or defence against legal claims.

8. What data protection rights can I assert as the person affected?

Within the framework of our business relationship you need only provide such personal data as are necessary for the establishment, conduction and termination of a business relationship or to whose acquisition we are legally obligated.

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General terms and conditions LUX ELEMENTS GmbH & Co. KG

Released December 2017

I) General

1. LUX ELEMENTS GmbH & Co. KG (the Seller) accepts and executes all orders exclusively based on the following terms and conditions.
2. The Buyer accepts these terms and conditions by placing his order. Conflicting purchase terms of the Buyer shall only be binding if accepted by the Seller in writing.
3. Ancillary verbal agreements including discounts, bonuses and dispositions shall only be valid if confirmed in writing by the Seller.

II) Terms of delivery

1. Deliveries are made at the Seller's discretion from the Leverkusen plant or from the Seller's warehouse. Deliveries are at the Buyer's risk if the Buyer is a Merchant and in any case to the account of the Buyer.
2. If the Buyer does not accept the goods at the agreed time, the Seller shall be entitled to withdraw from the delivery contract after setting a one-week acceptance period. The provisions of the German Civil Code (BGB) regarding default of acceptance shall remain unaffected.
3. If, at the request of the Buyer, the Seller takes back any goods as a gesture of goodwill, the Buyer shall bear the return freight. For the processing and handling of the goods, 15 percent of the goods' net value shall be deducted from the credit note to be issued by the Seller. Only goods from the currently valid product range can be returned, with the exception of construction chemical products and custom-made products.

III) Delayed delivery

1. All sales are subject to the timely supply to us by our sub suppliers. This does not apply if the Seller is responsible for the delay.
2. In case of force majeure, in particular labor disputes, official intervention and operational breakdowns for which the seller is not responsible, the delivery period shall be extended by the duration of the disruption provided that it does not take an unreasonably long time. In case of delays beyond this time, the parties shall mutually agree whether to adhere to or cancel the contract. The buyer shall not be entitled to claim damages in this regard.
3. In the event of delay of the Seller, the Buyer shall grant a period of grace of 10 days unless a firm deal has been agreed upon. This grace period can be set in writing earliest after the expiry of the delivery period. In the event of delayed delivery, claims for damages due to default shall be excluded in cases of ordinary negligence, if the Buyer is a Merchant, and it is not a firm deal. In any event, in the case of slight negligence, the liability for damages shall be limited to the foreseeable losses.

IV) Warranty

1. The warranty period shall be one year if the Buyer is a Merchant. The Seller will meet its warranty obligation by means of replacement.
2. The Seller shall not be liable for any consequential loss or damages. This shall not apply for consequential damages arising from injury of life, body or health; or which can be attributed to gross negligence, intent or breach of a substantial contract obligation (cardinal obligation); or in case of damages resulting from a failure to achieve warranted characteristics, quality or durability guarantees. If the Seller is liable for consequential damages and the Buyer is a Merchant, the liability of the Seller shall be limited to the foreseeable losses if the damage arises from the negligent breach of a substantial contract obligation (cardinal obligation).
3. If goods such as joint sealing materials are sold as per sample, the guarantee is limited to the professional compliance with the sample.
4. The information provided in the Seller's datasheets is based on the state of knowledge at the time when the datasheets were issued. They are solely intended to describe the products with view to safety requirements. They do not constitute any assurance of delivery specifications.
5. The instructions for use issued by the Seller should be considered a general guide only. Given the diversity of uses of each product and taking into account the specific application situation, the Buyer shall be responsible to conduct its own trials.
6. Buyers intending to resell the goods received from the Seller take the sole responsibility for the correct packing, classification and marking of hazardous substances, see art. 15 GefStoffV (German Ordinance on Hazardous Substances). In particular the Buyer shall not be entitled to any claims if the packing, classification or marking provided by the Seller does no longer comply with the current regulations as a result of legal changes made after the delivery of the goods. The Seller explicitly does not assume any obligation to provide information on such legal changes.
7. The same (6) shall apply if goods of the Seller are packed using packing material of the Buyer. In this case the Buyer takes the entire responsibility for the packing and marking. As regards insufficient packing and/or marking, the Buyer shall indemnify the Seller from all third party claims.

V) Terms of payment

1. The invoice is issued on the day of dispatch or availability of the goods after receipt of the delivery note. Unless otherwise agreed, the price shall be calculated based on the prices in effect on the day of delivery.
2. Invoices shall be payable within 14 days of the invoice date after deducting a discount of 2 percent or within 30 days net.
3. The offsetting against counter-claims shall not be permitted unless the Buyer's claims are undisputed or have been determined as legally binding.
4. A significant deterioration of the Buyer's financial situation shall entitle the Seller, with no prejudice to any other rights, to execute the remaining orders on a delivery against payment basis. Under the same preconditions, the Seller's claims for payment from previous deliveries shall become due for immediate payment.
5. Merchants shall be entitled to the right of retention arising from alleged deficiencies of the goods only if the deficiencies of the goods are undisputed or have been determined as legally binding. In all other instances, the Buyer may demonstrate the deficiency of the goods supplied through a professional opinion which is not arbitration opinion and which has been provided by a publicly appointed and sworn expert whereupon the Seller remains free to raise objections to this opinion.

VI) Retention of title

l. The Seller shall retain title to the delivery items until complete payment of the purchase price. If the Buyer is a Merchant, the Seller shall in addition retain title to the delivery item until all its claims against the Buyer arising out of the entire business relationship have been settled.
2. In the event the goods supplied are processed or combined with other material, the Seller shall become co-owner of the new manufactured items in the ratio the value of goods subject to retention of title bears to the value of the new items so resulting from the production process. The time of such processing decides upon the value of the goods subject to retention of title as well as the value of processing. During the processing, the Buyer shall act on behalf of the Seller without, however, acquiring any entitlement against the Seller as a result of the processing. The Buyer is obliged to store the goods subject to retention of title carefully on behalf of the Seller. If the Seller does not obtain co-ownership of the combination of several items, the Buyer shall already transfer a co-ownership share in accordance with the provisions of section 6 no. 2 sentences 1 and 2. The required declarations of intent are already being executed.
3. Where the new product is resold by the Buyer, the Buyer's claim to the purchase price shall, by way of security, take the place of the product in accordance with the provisions of section 6 no. 2 sentences 1 and 2. The Buyer shall assign the claims to the purchase price on a pro-rata basis to the Seller who hereby accepts the assignation.
4. If the Buyer re-sells the unprocessed goods, the Buyer shall hereby assign all claims, including any ancillary rights, to the Seller up to the amount of his claims. The Seller hereby accepts the assignation.
5. The amounts collected are to be transferred to a separate account for the benefit of the Seller.
6. If the value of the securities exceeds the Seller's claims by more than 10 percent, the Seller shall, at the request of the Buyer, release the exceeding amount of the securities to the Buyer.
7. The Buyer shall inform the Seller immediately in writing if an attachment is enforced upon the goods subject to retention of title or upon goods in the co-ownership of the Seller or upon claims transferred to the Seller by way of an advance assignment. The Buyer must inform the enforcement authority and the judgment creditor without delay that the goods are subject to retention of title or co-owned by the Seller or the fact that the claim has been assigned to the Seller.

 

VII) Place of performance and jurisdiction

1. Place of performance for all goods and services arising from this supply contract is the domicile of the Seller's commercial establishment.
2. For Merchants, the place of jurisdiction for all obligations of the parties (including actions on bills of exchange or cheques) is Leverkusen.

VIII) Applicable law

The purchase contract shall be subject to German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980.

IX) Final provisions

The invalidity of one or more provisions of these terms and conditions shall in no way affect the validity of the remaining provisions.

LUX ELEMENTS GmbH & Co.KG,
An der Schusterinsel 7, D-51379 Leverkusen,
Tel.: +49 (0)2171-7212-0, Fax: +49 (0)2171-7212-30

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