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Responsible:
HAMORA GmbH
Johann Hartl
Flachsweg 9
94051 Hauzenberg
Contact:
Phone: 49 8586 9782-0
Fax: 49 8586 9782-14
Email: info@hamoragmbh.de
Disclaimer:
Despite careful control of the content, we assume no liabilityfor the content of external links. The content of the linked pages is the sole responsibility of theOperator responsible.
Register entry:
Registration court: District Court of Passau
Registration number: HRB 9149
Tax ID:
DE295575583
Supervisory authority:
Register Court Passau
Copyright:
This homepage is protected by copyright. All rights reserved.
The use of texts and images, even in part, is prohibited without written consent
by the owner is in breach of copyright and is therefore punishable. This applies in particular to the reproduction,
Translation or use in electronic systems.
AGB
§ Scope
The following terms and conditions apply to all orders accepted by the contractor. Deviations from these conditions require a written agreement.
Any deviating terms and conditions of the customer which we have not expressly accepted shall not bind us, even if we do not expressly object to them.
All agreements are only valid if they are recorded in writing, unless the customer proves that this has been waived in the specific case
§ Offers and offer documents
The contractor’s offers are subject to change.
Installations that are carried out or repeated for reasons beyond the Contractor’s control shall be paid for separately.
The documents accompanying the offer, such as illustrations, drawings, weight and dimensions, are only approximate unless they are expressly designated as binding.
If the execution drawings are prepared by the contractor, they will be submitted to the client for approval.
All documents such as images, catalogues, drawings, etc. always remain the property of the offeror and must be returned immediately without request in the event of non-order. All documents may not be passed on, published or reproduced without the offeror's permission, nor may they be used for any purpose other than the agreed purpose. The contractor reserves all copyrights to drawings and other designs.
Official or other permits must be obtained by the client at his own expense.
§ Placing an order
Orders are only concluded after written confirmation. This also applies to orders placed through representatives. Deviating confirmations are considered new offers.If a customer orders only parts of the offered deliveries or services, this is also considered a new offer, which requires written confirmation.
§ Prices
The prices are net prices plus statutory sales tax, which must be stated separately.
If the services are not offered with transport or assembly, the prices apply ex our workshops, excluding packaging. Orders for which fixed prices have not been expressly agreed will be invoiced at the prices applicable on the day of delivery. Any tolls incurred will be invoiced separately.
If, at the request of a client, overtime, night work, Sunday work or public holiday work are subsequently required for an order that we have accepted at a fixed price, or if unforeseeable work must be carried out under difficult conditions for the contractor, we are entitled to charge appropriate surcharges.
In the case of continuing obligations and agreements that contain delivery or performance periods of more than 4 months after the conclusion of the contract, the contractor is entitled to demand negotiations on a price adjustment if the following items increase: prices for the required material from the conclusion of the contract, wages and wage-related costs due to legal or collective bargaining changes or changes in sales tax. If the negotiations fail, the contractor can withdraw from the contract.
§ Payment
Unless otherwise agreed, the following payment terms apply. The contractor is entitled to request an advance payment of 25 percent of the invoice amount upon placing the order and upon commencement of assembly.
All services are due for payment immediately after invoicing. Cash discounts are not permitted for any payments unless they have been agreed separately in writing. Payments must be made exclusively to the contractor. Representatives have no authority to collect payments.
The contractor is entitled to demand advance payments for services rendered in accordance with the contract. This also applies to required materials or components that are specially manufactured or delivered
The client is entitled to invoice the reminder costs.
After a reminder has been sent to no avail and a grace period of 12 days set by the Contractor, combined with a threat of withdrawal or termination, the Contractor is entitled to withdraw from the contract by written declaration or to terminate the contract in writing and to cease work, to invoice all services provided to date at the contractual prices and to assert claims for damages.
Set-off or retention against claims arising from the contract is only permitted with due counterclaims that are not opposed by an objection.
§ Delivery time and assembly
Delivery times apply from the time the order is confirmed or when the dimensioned and non-binding drawings provided are approved. Subsequent changes extend the delivery time accordingly. If the client is responsible for these, the resulting costs will be borne by the client.
Events of force majeure, reduction or cessation of production, operational disruptions at the contractor or its suppliers which significantly change the economic performance - if they are permanent - release the contractor from compliance with the delivery deadline and entitle him to withdraw from the contract in whole or in part or to terminate it. This does not apply to disruptions of only short duration and disruptions for which the contractor is responsible.
If the start, continuation or completion of the work is delayed for reasons for which the Client is responsible and if the Client does not remedy the situation immediately upon request of the Contractor, the Contractor may, if the contract is maintained, demand compensation or set the Client a reasonable deadline for performance of the contract and declare that he will withdraw from the contract if the deadline expires without result.
In the event of withdrawal, a claim for damages also remains.
§ Acceptance and transfer of risk
Acceptance of the service must take place immediately after notification of completion. This also applies to self-contained partial services.
For orders that include assembly, the risk is transferred to the client upon acceptance. If the client is in default with the acceptance, the risk is transferred to him at the time of the delay. The same applies if assembly is interrupted for reasons for which the client is responsible and if the contractor has mutually handed over the services provided up to that point into the care of the client.
If the delivery is made without assembly from the contractor's workshops, it is always at the recipient's risk. Even if freight-free delivery is agreed, the risk is transferred to the customer upon dispatch.
§ Warranty
The assertion of obvious and known defects after acceptance is excluded.
Insignificant, reasonable deviations in dimensions and designs, particularly in the case of repeat orders, do not give rise to complaints unless compliance has been expressly agreed.
The contractor must be given the opportunity to examine the complaints on site. Changes to deliveries and services made without the contractor's consent exclude any legal claim to remedy defects.
In the case of justified complaints about defects, subsequent performance will be carried out free of charge within a reasonable period of time. If subsequent performance fails or is refused, the customer can demand the costs of replacement, reduction or withdrawal.
In the case of repair work, the contractor only assumes liability for the deliveries and services carried out by him.
No warranty is provided for damage to deliveries and services of the Contractor caused by subsequent tradesmen.
§ Liability and compensation
We are generally not liable for errors resulting from the documents submitted by the client or from inaccurate information.
The contractor's liability is based solely on these delivery and payment terms. All claims not expressly granted herein - including claims for damages, regardless of the legal basis - are excluded. This does not apply to damages resulting from injury to life, body or health or from an intentional or grossly negligent breach of duty by the contractor, his legal representative or his vicarious agents.
§ Retention of title
The delivered items, regardless of their condition, remain the property of the contractor until all existing claims arising from the business relationship have been paid in full.
The Client is obliged to immediately notify the Contractor in writing of any seizure of reserved items and to inform the pledgees of the retention of title.
If the delivery is made for a business operation maintained by the customer, the items may be resold as part of proper business management. In this case, the customer's claims against the third party arising from the sale are already assigned to the contractor. To the extent that the resale between the contractor and the customer is not already contractually stipulated and the customer has resold the items on credit, the customer must retain title to the items vis-à-vis its contractual partner. The customer hereby assigns the claims arising from this retention of title against the third party to the contractor.
If reserved items are incorporated as essential components into the contractor's property, the client hereby assigns to the contractor any claims arising from the sale of the property or property rights, including all ancillary rights.
If the reserved items are installed as essential components in the property of a third party, the Client hereby assigns to the Contractor any claims for remuneration arising against the third party, including all ancillary rights.
If the value of the securities existing for the Contractor exceeds his claims by 10%, not only temporarily, the Contractor is obliged to release the securities at his discretion at the Client's request.
If the Client acts in breach of contract, in particular if payment is delayed, the Contractor is entitled to take back the delivered items after issuing a reminder and withdrawing from the contract and the Client is obliged to hand them over.
§ Fulfillment and jurisdiction
The place of performance for the Contractor’s delivery and the Client’s payment is the Contractor’s place of business.
If both contracting parties are entrepreneurs, the exclusive place of jurisdiction is the place of business of the contractor.
§ Terms and conditions of the client
The law of the Federal Republic of Germany also applies in relations with foreign partners, excluding international sales law.
Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the legal validity of the remaining provisions. The contracting parties are obliged to replace the invalid provision with a provision that comes as close as possible to its economic result.
The terms and conditions of the client that conflict with our terms and conditions are not binding for us, even if they form the basis of the order and have not been expressly contradicted by the contractor.
Privacy Policy
introduction
In this privacy policy the HAMORA GmbH(“we“, “our" or "the company“) its practices with respect to data collected from users who access our website at https://hamoragmbh.de
(“website”) or otherwise provide us with personal information (collectively: “user“).
Competent authority within the meaning of the General Data Protection Regulation (GDPR): Bavarian State Office for Data Protection Supervision.
User rights
You have the following rights:
- Request confirmation as to whether and to what extent your personal data is used and processed, as well as access to the personal data stored about you and additional information
- Request a copy of the personal data you have voluntarily provided to us in a structured, common and machine-readable format
- Request correction of the personal data we hold about you
- Request deletion of your personal data
- Object to the processing of your personal data by us
- Request that we restrict the processing of your personal data
- Submit a complaint to a supervisory authority
Please note, however, that these rights are not absolute but are subject to our own legitimate interests and regulatory requirements.
If you wish to exercise any of the rights listed here or would like further information, please contact our data protection officer at:
HAMORA GmbH
Johann Hartl
Flachsweg 9
94051 Hauzenberg
info@hamoragmbh.de
94051 Hauzenberg
storage
We retain your personal information for as long as necessary to provide our services, comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods depend on the type of information collected and the purpose for which the information was collected, taking into account the specific circumstances of the case and the need to delete outdated, unused information as soon as possible. We retain customer personal information records, account setup documents, communications, and other information in accordance with applicable laws and regulations.
We may correct, complete or remove incomplete or inaccurate information at any time and at our sole discretion.
Basis for data collection
The processing of your personal data (i.e. any data that allows you to be identified by reasonable means; "personal data“ is necessary to fulfil our contractual obligations to you and to provide you with our services, to protect our legitimate interests and to comply with legal and financial regulatory obligations to which we are subject.
By using this website, you consent to the collection, storage, use, disclosure and other handling of your personal information as described in this Privacy Policy.
Please read the privacy policy carefully before making any decisions.
What data is collected?
We collect two types of data and information from users.
The first category includes non-identifying and non-identifiable user data provided or collected through the use of the website (“Non-personal data”). We do not know the identity of the user from whom non-personal information was collected. The non-personal information that may be collected includes aggregated usage data and technical data transmitted by your device, including certain information regarding software and hardware (e.g., browser and operating system used on the device, language preference, access time, etc.). We use this data to improve the functionality of our website. We may also collect data about your activity on the website (e.g., pages viewed, browsing behavior, clicks, actions, etc.).
The second category includes personal data
, i.e. data that identifies an individual or can be identified through reasonable measures. Such data includes:
- Device Data: We collect personal data from your device. Such data includes geolocation data, IP address, unique identifiers (e.g. MAC address and UUID), and other data resulting from your activity on the Website.
How do we receive information about you?
We obtain your personal data from various sources:
- You provide us with such data voluntarily, for example when registering on our website.
- We receive such data when you use our website or access it in connection with one of our services.
- We receive such data from other providers, services and from public registers (for example from data traffic analysis providers).
How is the data used? To whom is the data passed on?
We do not share user information with third parties except as described in this Privacy Policy.
We use data for the following purposes:
- To communicate with you (sending notices regarding our services, providing technical information and, if necessary, processing customer service requests)
- For information about new updates and services
- To display advertisements when you use our website (see “Advertising” for more information)
- To market our websites and products (see “Marketing” for more information)
- For statistical and analytical purposes to improve the website
In addition to the various uses listed above, we may also share personal information with our subsidiaries, affiliates and subcontractors.
In addition to the purposes listed in this Privacy Policy, we may transfer Personal Information to our trusted third party service providers located in different jurisdictions around the world for the following reasons:
- Hosting and operating our website
- Providing our services, including personalized display of our website
- Store and process such data on our behalf
- Displaying ads and the ability to assess the success of our advertising campaigns, retargeting users
- Providing marketing offers and promotional materials related to our website and services
- Conducting studies, technical diagnoses or analyses
Cookies
We and our partners use cookies to provide the relevant services. This also applies when you visit our website or access our services.
A "cookie" is a small data packet that is assigned to your device when you visit a website from this website. Cookies are useful and can be used for different purposes. These include, for example, making it easier to navigate between different pages, automatically activating certain functions, saving your settings and optimizing access to our services. The use of cookies also enables us to show you relevant advertising tailored to your interests and to collect statistical information about your use of our services.
This website uses the following types of cookies:
a. “Session cookies”
that ensure normal system usage. Session cookies are stored for a limited time only during a session and are deleted from your device once you close your browser.
b. “Permanent cookies
", which are only read by the website and are not deleted when the browser window is closed, but are stored on your computer for a certain period of time. This type of cookie allows us to identify you on your next visit and, for example, to save your settings.
c. “Third-party cookies”
that are set by other online services that have their own content on the page you visit. These can be, for example, external web analytics companies that record and analyze access to our website.
Cookies do not contain any personal information that identifies you, but we may link the personal information we store to the information contained in the cookies. You can remove cookies using the settings on your device by following the instructions provided. Please note that disabling cookies may limit the use of certain features on our website.
The tool we use is based on the technology of
Snowplow Analytics
The data we collect about the use of our website includes, for example, how often users visit the website or which areas are accessed. The tool we use does not collect any personal data and is used by our web hosting provider and service provider solely to improve their own offering.
Use of script libraries (Google Web Fonts)
To ensure that our content is displayed correctly and graphically appealing in every browser, we use script and font libraries such as Google Web Fonts (https://www.google.com/webfonts). Google Web Fonts are transferred to your browser's cache so that they only need to be loaded once. If your browser does not support Google Web Fonts or denies access, the content will be displayed in a standard font.
- When you access script or font libraries, a connection is automatically established to the operator of the library. Theoretically, this operator has the opportunity to collect data. It is currently not known whether and for what purpose the operators of the relevant libraries actually collect data.
- Here you can find the privacy policy of the operator of the Google library: https://www.google.com/policies/privacy.
Collection of data by third parties
This policy only addresses the use and disclosure of information we collect from you. When you post information on other websites or disclose information to third parties on the Internet, different terms may apply, so please always read the terms and conditions and privacy policies carefully when you disclose information.
This Privacy Policy does not apply to the business practices of companies that we do not own or control, or to persons other than our officers and employees, including third parties to whom we disclose information as described in this Privacy Policy.
How do we protect your data?
We implement the security measures on the website with great care and protect your data.We use industry standard procedures and policies to ensure the security of the information we collect and store and to prevent unauthorized use of such information. We also require third parties to adhere to similar security requirements as set out in this Privacy Policy.Although we take reasonable steps to protect data, we cannot be held responsible for the actions of those who gain unauthorized access to or misuse our website, and we make no warranty, express or implied, that we can prevent such access.
Transfer of data outside the European Economic Area
Please note that some recipients may not be based in the European Economic Area. If this is the case, we will only transfer your data to countries approved by the European Commission with an adequate level of data protection or ensure an adequate level of data protection through a legal agreement.
Advertising
When you access our website, we may display ads using third-party ad technology. This technology uses your usage data from the Services to deliver ads (for example, by placing third-party cookies on your web browser).
You may opt out of many third-party ad networks, including those operated by members of the Network Advertising Initiative ("NAI") and the Digital Advertising Alliance ("DAA"). For information about the practices of NAI and DAA members, your choices regarding use of such data by these companies, and how to opt out of third-party ad networks operated by NAI and DAA members, please visit their respective web pages: http://optout.networkadvertising.org/#!/ and http://optout.aboutads.info/#!/.
Marketing
We may use your personal information, such as your name, email address, telephone number, etc. ourselves or pass it on to a third party subcontractor to provide you with promotional materials regarding our services that may be of interest to you.
We respect your right to privacy, so you will always be given the opportunity to unsubscribe from future marketing communications. If you unsubscribe, your email address or phone number will be removed from our marketing mailing lists.
Please note that even if you unsubscribe from receiving our marketing emails, we may still send you emails with important information that do not include an unsubscribe option. This includes maintenance messages or administrative notices.
Corporate transaction
We may transfer information in the event of a corporate transaction (e.g., sale of a substantial portion of the business, merger, consolidation, or asset sale). If any of the above occurs, the acquiring entity or company will assume the rights and obligations set forth in this Privacy Policy.
Minors
Protecting children's data is particularly important online. The website is not designed for children and is not directed at them. Use of our services by minors is only permitted with the prior consent or authorization of a parent or guardian. We do not knowingly collect personal data from minors. If a parent or guardian becomes aware that his or her child has provided us with personal data without their consent, he or she can contact us at info@hamoragmbh.decontact us.
Updates or changes to this privacy policy
We reserve the right to change or review this Privacy Policy from time to time. You will find the date of the current version under "Last Modified". Your continued use of the Platform following the posting of such changes on our website will constitute your acceptance of such changes to the Privacy Policy and will be deemed your agreement to be bound by the modified terms.
How to reach us
If you have general questions about the website, the information we collect about you or how we use that information, please contact info@hamoragmbh.de
to us.
HAMORA GmbH
Johann Hartl
Flachsweg 9
94051 Hauzenberg
Phone: 49 8586 9782-0
Fax: 49 8586 9782-14
Email: info@hamoragmbh.de
last changed at 23.06.2019