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DELUCKS GmbH
Dall’Armistr. 23A
80638 Munich
Germany

VAT ID: DE 260520298
Commercial register: B 173752
Registered office: Munich, Germany
Managing Director, responsible according to § 55 of the Interstate Broadcasting Treaty and Data Protection Officer: Severin Lucks

Disclaimer

The content of these pages has been compiled with the greatest possible care. However, the operator cannot guarantee the correctness and accuracy of the information provided. The operator excludes any liability for damages resulting directly or indirectly from the use of this website, unless it can be proven that the operator acted with intent or gross negligence.

Insofar as the operator refers directly or indirectly to external websites by means of links, he cannot accept any liability for the content of these websites. The operator hereby declares that at the time of linking, the linked pages did not contain any illegal content. The operator has no influence on the current and future design of the linked pages. Changes to the content of the linked pages after the link was set up are not subject to the sphere of influence of the operator. The operator is not liable for illegal, incorrect or incomplete content and in particular for damages arising from the use or non-use of the information provided on the linked pages.

All texts, images, graphics and other files contained in this website are subject to copyright and other laws protecting intellectual property. They may be used within the scope of the offered use, but may not be copied or changed for commercial purposes or for passing on and may not be used on other websites or other media. This website does not grant any license to use the intellectual property of the operator or third parties. All brand names and trademarks mentioned on the website and, if applicable, protected by third parties, are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. The mere mention of a trademark does not imply that it is not protected by the rights of third parties.

Privacy policy

Last update April 5th 2023

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This privacy policy informs you about the nature, scope and purpose of the processing of personal data (hereinafter referred to as “data”) within our online offer and the websites, functions and content associated with it, as well as external online presences, such as our social media profiles (hereinafter collectively referred to as “online offer”). With regard to the terminology used, such as “personal data” or its “processing”, we refer to the definitions in Article 4 of the General Data Protection Regulation (GDPR).

Responsible
DELUCKS GmbH
Dall’Armistr. 23A
80638 Munich
Germany

Types of data processed
– Inventory data
– Contact data
– Content data
– Contract data
– Payment data
– Usage data
– Meta/communication data

Collection and storage of personal data and the type and purpose of their use when visiting the website
When you call up our website delucks.com, information is automatically sent to the server of our website by the browser used on your end device. This information is temporarily stored in a so-called log file. The following information is collected without your intervention and stored until automated deletion:

– IP address,
– date and time of access,
– names and URLs of the pages visited,
– linking website from which access is made,
– browser used and, if applicable, the operating system of your computer as well as – the name of your Internet provider.

The aforementioned data will be processed by us for the following purposes:

– to ensure a smooth connection of the website,
– to ensure a comfortable use of our website,
– to evaluate the system security and stability as well as
– for other administrative purposes.

The legal basis for data processing is Art. 6 para. 1 p. 1 lit. f) GDPR. Our legitimate interest follows from the purposes for data collection listed above. In no case do we use the collected data for the purpose of drawing conclusions about your person.

In addition, we use cookies and analysis services when you visit our website. You will find more detailed explanations of this under items 4 and 5 of this data protection declaration.

Collection and storage of personal data and the nature and purpose of their use when using our contact form
If you have any questions, we offer you the opportunity to contact us via a form provided on the website. In doing so, the provision of a valid e-mail address is required so that we know from whom the request originates and to be able to answer it. Other information is optional, but without content your request is meaningless to us and will not be answered.

The data processing for the purpose of contacting us is carried out according to Art. 6 para. 1 p. 1 lit. a) GDPR on the basis of your voluntarily given consent.

The personal data collected by us for the use of the contact form will be automatically deleted after completion of your request, unless the contact leads to an order for us, to a sale of our software solutions or courses.

Collection and storage of personal data and the type and purpose of their use when using our comment function
For the comment function on this page, in addition to your comment, information about the time of creation of the comment, your e-mail address and, if you do not post anonymously, the username you have chosen will be stored.

Our comments feature stores the IP addresses of users who post comments. Since we do not check comments on our site before they are approved, we need this data to be able to take action against the author in the event of legal violations such as insults or propaganda.

Transfer of data
There will be no transfer of your personal data to third parties for purposes other than those listed below.

We will only disclose your personal data to third parties if you have given your express consent to do so in accordance with Art. 6 (1) p. 1 lit. a) GDPR, the disclosure is necessary for the assertion, exercise or defense of legal claims in accordance with Art. 6 (1) p. 1 lit. f) GDPR and there is no reason to assume that you have an overriding interest worthy of protection in the non-disclosure of your data, in the event that the disclosure is necessary for the purpose of Art. 6 para. 1 p. 1 lit. c) GDPR a legal obligation exists, as well as this is legally permissible and necessary for the processing of contractual relationships with you according to Art. 6 para. 1 p. 1 lit. b) GDPR.

This privacy policy is currently valid. Through the further development of our website and offers on it or due to changed legal or regulatory requirements, it may become necessary to change this privacy policy. The current privacy policy can be accessed and printed at any time here.

We use cookies on various pages to make visiting our website more attractive and to enable the use of certain functions. These are small text files that are stored on your computer. Most of the cookies we use are deleted from your hard drive at the end of the browser session (so-called session cookies). Other cookies remain on your computer and enable us to recognize your computer on your next visit (so-called permanent cookies). Our partner companies are not permitted to collect, process or use personal data via our website using cookies.

On the other hand, we use cookies to statistically record the use of our website and to evaluate it for the purpose of optimizing our offer for you (see section 5). These cookies enable us to recognize you automatically when you visit our site again. These cookies are automatically deleted after a defined period of time.

The data processed by cookies is necessary for the aforementioned purposes to protect our legitimate interests as well as those of third parties in accordance with Art. 6 (1) p. 1 lit. f) GDPR.

Most browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or a notice always appears before a new cookie is created. However, completely disabling cookies may prevent you from using all the features of our website.

We integrate services from Digistore24 in order to process the sale of our licenses. During the integration, non-personal data is reloaded from the Digistore24 server (e.g. a Javascript file).

During this reloading, your web browser retrieves a web page from the Digistore24 server. Our server has no influence on the extent to which your web browser transmits data to the Digistore24 server. Our server itself does not transmit any data to the Digistore24 server in this context.

Digistore24 GmbH, as the responsible party, discloses in its own privacy policy which data Digistore24 stores and processes during this website visit. The privacy policy of Digistore24 can be found here: https://www.digistore24.com/dataschutz

You have the possibility to book an appointment on our website. We use the online calendar “Calendly” to request and select an appointment. “Calendly” is a service provided by Calendly, LLC, 3423 Piedmont Road NE, Atlanta, GA 30305-1754, United States.

When you press the corresponding booking button, you will be automatically connected to my appointment account at Calendly. After choosing your appointment, confirming it, and entering your contact information and concerns, you will receive an email from Calendly confirming your appointment

The information you provide in the Calendly form, including the data you enter there, will be stored by Calendly and us for the purpose of processing the request and in case of follow-up questions. This data remains with us until you request us to delete it, revoke your consent to store it, or the purpose for storing the data no longer applies (e.g. successful appointment). Mandatory legal provisions – in particular retention periods – remain unaffected.

Furthermore, we have concluded a “Data Processing Addendum” with Calendly. This is a contract in which Calendly undertakes to protect the data of our users, to process it on our behalf in accordance with its data protection provisions and, in particular, not to pass it on to third parties. For more information about Calendly and data protection at Calendly, please click here: https://calendly.com/pages/privacy.

The tracking measures listed below and used by us are carried out on the basis of Art. 6 para. 1 p. 1 lit. f) GDPR. With the tracking measures used, we want to ensure a needs-based design and the ongoing optimization of our website. On the other hand, we use the tracking measures to statistically record the use of our website and evaluate it for the purpose of optimizing our offer for you. These interests are to be regarded as legitimate in the sense of the aforementioned provision.

The respective data processing purposes and data categories can be found in the following tracking tool.

We use the open source software Matomo for anonymous website and marketing analysis as well as for personalization of our website.

To this end, the software collects, gathers and evaluates data about the behavior of our visitors and offers us recommendations about what information needs to be added where. Matomo collects, among other things, data about the Internet page from which a data subject came to our website (so-called referrer), which sub-pages were accessed or how often and for how long a sub-page was viewed.

The software is operated via the Matomo Cloud within the EU and is configured with anonymized IP addresses and without cookies.

Further information and the applicable privacy policy of Matomo can be found at https://matomo.org/privacy/.

For the purpose of demand-oriented design and continuous optimization of our pages, we use Google Analytics, a web analytics service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; hereinafter “Google”. In this context, pseudonymized usage profiles are created and cookies (see under point 4) are used. The information generated by the cookie about your use of this website, such as

– Browser type/version
,- operating system used,
– referrer URL (the previously visited page),
– host name of the accessing computer (IP address),
– time of the server request,

are transmitted to a Google server in the USA and stored there. The information is used to evaluate the use of the website, to compile reports on website activity and to provide other services related to website and internet use for the purposes of market research and demand-oriented design of our website. This information may also be transferred to third parties if this is required by law or if third parties process this data on our behalf. In no case will your IP address be merged with other data from Google. The IP addresses are anonymized so that an assignment is not possible (IP masking). You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.

You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing a browser add-on:(https://tools.google.com/dlpage/gaoptout).

As an alternative to the browser add-on, especially for browsers on mobile devices, you can also prevent the collection by Google Analytics by clicking on this link: Deactivate Google Analytics . An opt-out cookie will be set that prevents future collection of your data when visiting our website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again.

You can find more information on data protection in connection with Google Analytics, for example, in the Google Analytics help(https://support.google.com/analytics/answer/6004245).

Our website uses plugins from the YouTube site operated by Google. The operator of the pages is YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. When you visit one of our pages equipped with a YouTube plugin, a connection to YouTube’s servers is established.

This tells the YouTube server which of our pages you are visiting. If you are logged into your YouTube account, you enable YouTube to assign your surfing behavior directly to your personal profile. You can prevent this by logging out of your YouTube account.

For more information on the handling of user data, please refer to the YouTube privacy policy.

We use “LinkedIn Ads”, a service provided by LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland. LinkedIn Ads processes and stores information about the behavior of our users. Among other things, cookies are used for this purpose, which are small text files that are stored locally in the cache of your web browser on your end device and enable an analysis of the use of our website by our users.

We use LinkedIn Ads for marketing and optimization purposes, in particular to analyze the use of DELUCKS and to continuously improve individual functions and the user experience. Through the statistical evaluation of user behavior, we can improve our offer and make it more interesting for our users. This is also our legitimate interest in the processing of the above data by the third-party provider. The legal basis is Art. 6 para. 1 p. 1 lit. f) DSGVO. In order to comply with the requirements of the DSGVO, appropriate standard contractual clauses have been agreed with LinkedIn.

You can prevent the installation of cookies by deleting existing cookies and deactivating a storage of cookies in the settings of your web browser. We would like to point out that in this case you will not be able to fully use all functions of our website. You can also prevent the collection of the aforementioned information, in particular by LinkedIn, by clicking on the following link and setting an opt-out cookie:

https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out

Note that this setting will be deleted when you delete your cookies.

You can find more information about data protection at LinkedIn here:

https://www.linkedin.com/legal/privacy-policy

We used Sendinblue for sending newsletters. The provider is Sendinblue GmbH, Köpenicker Straße 126, 10179 Berlin, Germany.

Sendinblue is a service with which, among other things, the dispatch of newsletters can be organized and analyzed. The data you enter for the purpose of receiving newsletters is stored on Sendinblue’s servers in Germany.

If you do not want Sendinblue to analyze your data, you can unsubscribe from the newsletter at any time free of charge. For this purpose, we provide a corresponding unsubscribe link in every newsletter e-mail.

Data analysis by Sendinblue

With the help of Sendinblue, we are able to analyze our newsletter campaigns. For example, we can see whether a newsletter message was opened and which links, if any, were clicked. In this way, we can determine, among other things, which links were clicked on particularly often.

In addition, we can see whether certain previously defined actions were performed after opening/clicking (conversion rate). For example, we can see whether you have made a purchase after clicking on the newsletter.

Sendinblue also allows us to subdivide (“cluster”) the newsletter recipients according to various categories. For example, newsletter recipients can be subdivided according to age, gender or place of residence. In this way, the newsletters can be better adapted to the respective target groups.

Detailed information on the Sendinblue functions can be found at the following link: https://de.sendinblue.com/newsletter-software/.

Legal basis

The data processing is based on your consent (Art. 6 para. 1 lit. a DSGVO). You can revoke this consent at any time. The legality of the data processing operations already carried out remains unaffected by the revocation.

Storage period

The data you provide to us for the purpose of receiving the newsletter will be stored by us or the newsletter service provider until you unsubscribe from the newsletter and will be deleted from the newsletter distribution list after you unsubscribe from the newsletter. Data that has been stored by us for other purposes remains unaffected by this.

After you have unsubscribed from the newsletter, your e-mail address will be stored by us or the newsletter service provider in a blacklist, if necessary, in order to prevent future mailings. The data from the blacklist will only be used for this purpose and will not be merged with other data. This serves both your interest and our interest in complying with legal requirements when sending newsletters (legitimate interest within the meaning of Art. 6 (1) lit. f DSGVO). The storage in the blacklist is not limited in time. You can object to the storage if your interests outweigh our legitimate interest.

For more details, please refer to Sendinblue’s privacy policy at: https://de.sendinblue.com/datenschutz-uebersicht/.

Conclusion of a contract for order processing

We have concluded a contract with Sendinblue in which we oblige Sendinblue to protect our customers’ data and not to pass it on to third parties.

You have the right
:- to request information about your personal data processed by us in accordance with Art. 15 GDPR. In particular, you can request information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it has not been collected by us, and the existence of automated decision-making, including profiling, and, if applicable, meaningful information about its details;

– in accordance with Art. 16 GDPR, to immediately request the correction of incorrect or completion of your personal data stored by us;

– pursuant to Art. 17 GDPR, to request the erasure of your personal data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims;

– in accordance with Art. 18 GDPR, to request the restriction of the processing of your personal data, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you object to its erasure and we no longer require the data, but you need it for the assertion, exercise or defense of legal claims or you have objected to the processing in accordance with Art. 21 GDPR;

– pursuant to Art. 20 GDPR, to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request that it be transferred to another controller;

– in accordance with Art. 7 (3) GDPR, to revoke your consent given to us at any time. This has the consequence that we may no longer continue the data processing based on this consent in the future, and

– in accordance with Art. 77 GDPR to contact a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or place of work or our registered office for this purpose.

If your personal data is processed on the basis of legitimate interests pursuant to Art. 6 (1) p. 1 lit. f GDPR, you have the right to object to the processing of your personal data pursuant to Art. 21 GDPR, provided that there are grounds for doing so that arise from your particular situation or the objection is directed against direct advertising. In the latter case, you have a general right of objection, which will be implemented by us without specifying a particular situation.

If you wish to exercise your right of revocation or objection, an email to kontakt@delucks.com is sufficient.

We use the widespread SSL procedure (Secure Socket Layer) in connection with the highest encryption level supported by your browser when visiting our website. As a rule, this is a 256-bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. You can tell whether an individual page of our website is encrypted by the closed key or lock symbol in the lower status bar of your browser.

We also use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.

General Terms and Conditions (GTC)

Last update September 7th 2022

(1) All deliveries, services according to our service specifications and offers of DELUCKS GmbH are exclusively based on these General Terms and Conditions (hereinafter referred to as GTC), which exclusively refer to entrepreneurial business transactions. Contracts with consumers in the sense of § 13 BGB are only concluded in individual cases and only with the express consent of DELUCKS GmbH. Whoever initiates or concludes a contract with DELUCKS GmbH without such express consent assures to do so as entrepreneur in the sense of § 14 BGB.

(2) These GTCs become part of all contracts in written as well as electronic form between the company DELUCKS GmbH (hereinafter referred to as “Company”) and our business partners in the version valid at the time of the order. They shall also apply to all future deliveries, services or offers to the business partner, even if they are not separately agreed upon again.

(3) These terms and conditions shall take precedence over any deviating terms and conditions of the Customer. Conflicting terms and conditions of the Customer shall only be effective if they are expressly accepted by the Company in writing, otherwise they shall not apply, even if DELUCKS GmbH does not separately object to their application in individual cases. Even if DELUCKS GmbH refers to a letter which contains or refers to terms and conditions of the Customer or a third party, this does not constitute an agreement with the validity of those terms and conditions.

(1) All offers of DELUCKS GmbH are subject to change, confidential for internal use and non-binding, unless they are expressly marked as binding or contain a specific term of acceptance. Orders or contracts may be accepted by DELUCKS GmbH within fourteen days after receipt. All offers require a written order declaration by the Customer. The contract between the customer and DELUCKS GmbH is concluded upon receipt of the written declaration of acceptance by DELUCKS. The written form in the sense of our General Terms and Conditions includes the telecommunicative transmission in the form of e-mail.

(2) Solely decisive for the legal relationship between DELUCKS GmbH and the Customer is the contract concluded in writing or the order placed in writing, including these GTC. This contract fully reflects all agreements between the contracting parties regarding the subject matter of the contract. Oral promises made by DELUCKS GmbH prior to the conclusion of this contract are not legally binding and oral agreements between the contracting parties shall be replaced by the written contract, unless it is expressly stated in each case that they shall continue to be binding.

(3) Supplements and amendments to the agreements made, including these GTC, must be in writing to be effective. With the exception of managing directors or authorized signatories, the employees of DELUCKS GmbH are not entitled to make verbal agreements deviating from this. Telecommunicative transmission, in particular by e-mail (kontakt@delucks.com), shall be sufficient to comply with the written form, provided that a copy of the signed declaration is transmitted within 14 calendar days.

(4) Information provided by DELUCKS GmbH regarding the subject matter of the delivery or service (e.g. layouts, drafts) as well as representations thereof (e.g. drawings and illustrations) are only approximately authoritative, unless the usability for the contractually intended purpose requires an exact conformity. They are not guaranteed quality features, but descriptions or identifications of the delivery or service. Deviations that are customary in the trade and deviations that occur due to legal regulations or represent technical improvements as well as the replacement by equivalent performances are permissible insofar as they do not impair the usability for the contractually intended purpose.

(5) Worksheets, concepts, guidelines and layout proposals shall only be deemed to be components of an offer if they are attached thereto or expressly designated as binding.

(6) DELUCKS GmbH reserves the ownership or copyright of all offers and cost estimates submitted by it as well as for internet pages, layouts, scripts, programs, graphics and other objects created by the company. These are protected by copyright and are marked as such, unless otherwise agreed in individual cases. The Customer may not make them accessible to third parties, disclose them, use them himself or through third parties or reproduce them without the express consent of DELUCKS GmbH, unless otherwise agreed or unless this results from the contractual agreement. Upon request of DELUCKS GmbH, they shall be returned in full and any copies made shall be destroyed if they are no longer required in the ordinary course of business or if negotiations do not lead to the conclusion of a contract.

(7) Unless otherwise contractually agreed, websites are optimized for a screen resolution of 1280x720px for Google Chrome, Mozilla Firefox and Apple Safari in the current version at the time of the conclusion of the contract as well as a previous version with default settings. Under deviating conditions, e.g. when using a different browser or a mobile device, the display of the website may vary.

(8) The Customer is obliged to provide all necessary cooperation in order to enable DELUCKS GmbH to perform the contractual services.

(9) All ongoing questions of DELUCKS GmbH about matters related to the respective service to be provided shall be answered completely, accurately and in a timely manner.

(10) DELUCKS GmbH will be informed without being asked and in due time about circumstances which may be of importance for the service to be rendered.

(11) All services are service contracts which are charged according to time and effort. The responsibility for the project and its success is borne by the customer. DELUCKS GmbH renders the service according to the principles of proper professional practice.

(12) The subject matter of the contract may consist of a one-time service, also to be provided in parts, or may be of a permanent nature.

(13) DELUCKS GmbH shall be notified immediately in writing of any necessary corrections and requests for changes (in terms of content) prior to the approval of the concept. If the Customer does not report these, services and products shall be deemed accepted. Further necessary corrections and change requests after this point in time will be charged on a time and material basis.

(1) The prices apply to the scope of services and scope of delivery listed in the order confirmations. Our services are invoiced at the following hourly rates 15 min. exactly, whereby in the case of support and consulting on request (i.e. without active support order) at least 30 min. will be invoiced:

Data Ghostwriting and data entry	Support Setup, development, project management	Consulting Analysis, conception and meetings with Severin Lucks	Training Seminars and workshops with Severin Lucks
80 €/h	125 €/h	250 €/h	375 €/h

Additional or special services will be charged separately. The prices are in EURO plus the statutory value added tax, in case of export deliveries possibly customs duties as well as fees and other public charges.

(2) DELUCKS GmbH is entitled to demand advance payments and to make partial invoices/down payments due.

(3) Invoice amounts shall be paid within fourteen (14) calendar days without any deduction, unless otherwise agreed in writing. The date of receipt by DELUCKS GmbH shall be decisive for the date of payment.

(4) In case of non-fulfillment of payment obligations, internet presentations/ web-based software solutions will be removed/ deactivated from the internet after prior notice.

(5) The set-off with counterclaims of the Customer or the retention of payments due to such claims is only permitted if the counterclaims are undisputed or legally binding.

(6) DELUCKS GmbH shall be entitled to perform or render outstanding deliveries or services only against advance payment or provision of security if, after conclusion of the contract, circumstances become known to DELUCKS GmbH which are likely to substantially reduce the creditworthiness of the Customer and by which the payment of the outstanding claims of DELUCKS GmbH by the Customer arising from the respective contractual relationship (including from other individual orders to which the same framework agreement applies) is jeopardized.

(7) On the other hand, in case of passing on our offer to competitors, DELUCKS GmbH shall charge a contractual penalty of 25 % of the offer price.

(1) Deadlines and dates for deliveries and services promised by DELUCKS GmbH are always approximate, unless a fixed deadline or date has been expressly promised or agreed.

(2) DELUCKS GmbH may – without prejudice to its rights resulting from default of the Customer – demand from the Customer an extension of delivery and service deadlines or a postponement of delivery and service deadlines by the period of time during which the Customer does not comply with its contractual obligations as well as the information access of complete briefings and/or data of the Customer to DELUCKS GmbH as stipulated in the schedule.

(3) DELUCKS GmbH is only entitled to make partial deliveries if

the partial delivery is usable for the Customer within the scope of the contractual intended purpose,
the delivery of the remaining ordered services is ensured and
the Customer does not incur significant additional expenses or costs (unless DELUCKS GmbH agrees to bear such costs).

(4) If DELUCKS GmbH is in default with a delivery or service or if a delivery or service becomes impossible for DELUCKS GmbH, for whatever reason, the liability of DELUCKS GmbH is limited to damages according to § 8 of these General Terms and Conditions.

(1) Place of performance for all obligations arising from the contractual relationship shall be the registered office of DELUCKS GmbH, unless otherwise provided. If DELUCKS GmbH is also responsible for the installation, the place of performance shall be the place where the installation has to take place.

(2) If an acceptance has to take place, the object of sale shall be deemed accepted if

the delivery and, if DELUCKS GmbH is also responsible for the installation, the installation has been completed,
dELUCKS GmbH has notified the Customer thereof with reference to the acceptance fiction according to this § 5 (2) and has requested the Customer to accept the goods,
fourteen (14) calendar days have passed since delivery or installation or the Customer has started to use the purchased goods and in this case six (6) working days have passed since delivery or installation and
the Customer has refrained from acceptance within this period for any other reason than due to a defect notified in writing to DELUCKS GmbH which makes the use of the purchased item impossible or substantially impairs it.

(1) The delivered items and contents shall be inspected carefully immediately after delivery to the Customer or to the third party designated by him. With respect to obvious defects or other defects which would have been recognizable by an immediate, careful examination, they shall be deemed to have been approved by the Customer if DELUCKS GmbH does not receive a written notice of defects within seven (7) working days after delivery. With regard to other defects, the services and delivery items shall be deemed to have been approved by the Customer if DELUCKS GmbH does not receive a written notice of defect within seven (7) working days after the time when the defect became apparent; if the defect was already apparent to the Customer at an earlier point in time during normal use, this earlier point in time shall, however, be decisive for the commencement of the period for giving notice of defect.

(2) If a defect is due to the fault of DELUCKS GmbH, the Customer may claim damages under the conditions stipulated in § 8.

(3) No liability can be assumed for defects in agreed licensed programs or program parts. Any additional costs incurred shall be borne by the Customer. In case of defects of data or components of other right holders or manufacturers, which DELUCKS GmbH cannot remedy for reasons of licensing law or factual reasons, DELUCKS GmbH shall, at its option, assert its warranty claims against the manufacturers and suppliers for the account of the Customer or assign them to the Customer. Warranty claims against DELUCKS GmbH shall only exist in case of such defects under the other conditions and in accordance with these General Terms and Conditions if the legal enforcement of the aforementioned claims against the manufacturer and supplier was unsuccessful or is futile, for example due to insolvency. For the duration of the legal dispute the limitation period of the respective warranty claims of the Customer against DELUCKS GmbH shall be suspended.

(4) The warranty shall lapse if the Customer modifies the object of performance or delivery or has it modified by third parties without the consent of DELUCKS GmbH and the rectification of defects is thereby rendered impossible or unreasonably difficult. In any case the Customer shall bear the additional costs for the removal of defects resulting from the modification.

(5) Any delivery of used items agreed with the Customer in individual cases shall be made to the exclusion of any warranty for material defects.

(1) The client declares by sending in his templates, originals or data carriers that he is in possession of the reproduction or duplication rights and that he alone bears all legal consequences arising from the duplication.

(2) Each contracting party shall immediately notify the other contracting party in writing if claims are asserted against it due to the infringement of industrial property rights or copyrights of third parties. If rights, in particular copyrights of third parties, are infringed by the execution of the order as a result of failure to notify, the Customer shall be solely liable for this and shall be obliged to indemnify DELUCKS GmbH against all claims of third parties, irrespective of their nature, and to reimburse DELUCKS GmbH for any necessary legal costs incurred.

(3) In case of infringement of rights by products of other manufacturers or holders of rights delivered by DELUCKS GmbH, DELUCKS GmbH shall, at its option, assert its claims against the manufacturers and sub-suppliers for the account of the Customer or assign them to the Customer. In these cases, claims against DELUCKS GmbH shall only exist in accordance with this § 7 if the judicial enforcement of the aforementioned claims against the manufacturers and pre-suppliers was unsuccessful or is futile, for example due to insolvency.

(4) If the Customer commissions DELUCKS GmbH with the procurement of image or other material which is limited in its use in terms of time, space or media, the Customer shall ensure that this material is no longer used after the expiry of the rights of use. The Customer shall be liable for any consequential damages in case of non-compliance.

(5) DELUCKS GmbH shall observe the provisions of the Federal Data Protection Act and the Teleservices Data Protection Act.

(1) The liability of DELUCKS GmbH for damages, irrespective of the legal reason, is limited according to this § 8, as far as it depends on fault. In particular, the Company shall not be liable for the contents of the texts and materials provided by the Customer in accordance with this provision. The Client shall bear full responsibility and liability for the content of its web pages as well as its correctness. This applies in particular to contents that violate competition and copyright laws as well as morality.

(2) DELUCKS GmbH is not liable in case of simple negligence of its organs, legal representatives, employees or other vicarious agents, as far as it is not a violation of essential contractual obligations. Material contractual obligations are the obligation to deliver and, if applicable, install the delivery item in due time, its freedom from defects which impair its functionality or usability more than insignificantly, as well as consulting, protection and care obligations which are intended to enable the Customer to use the delivery item in accordance with the contract or which are intended to protect the life or limb of the Customer’s personnel or to protect the Customer’s property from significant damage.

(3) As far as DELUCKS GmbH is liable for damages according to § 8 (2), this liability is limited to damages which DELUCKS GmbH foresaw as a possible consequence of a breach of contract at the time of the conclusion of the contract or which DELUCKS GmbH should have foreseen by exercising due care. Indirect damages and consequential damages, which are the consequence of defects of the service or the delivery item, are furthermore only compensable, as far as such damages are typically to be expected in case of intended use of the delivery item.

(4) In case of damages caused in any other way, DELUCKS GmbH shall be liable in accordance with the statutory provisions in case of intent and gross negligence, also of its vicarious agents. The same applies to negligently caused damages resulting from injury to life, body or health. In the case of negligently caused damage to property and financial loss, DELUCKS GmbH and its vicarious agents shall only be liable in the event of a breach of an essential contractual obligation, however, limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for the contract; essential contractual obligations are those whose fulfillment characterizes the contract and on which the Customer may rely.

(5) The above exclusions and limitations of liability shall apply to the same extent in favor of the organs, legal representatives, employees and other vicarious agents of DELUCKS GmbH.

(6) As far as DELUCKS GmbH gives technical information or acts in an advisory capacity and this information or advice is not part of the contractually agreed scope of services owed by DELUCKS GmbH, this shall be done free of charge and under exclusion of any liability.

(7) Liability for non-material artistic commercial or other special damages is excluded in accordance with this § 8 (9). DELUCKS GmbH shall be expressly informed in writing about special values of originals, slides and data carriers sent or handed over by the Customer.

(8) The Customer shall be solely liable if rights, in particular copyrights of third parties, are infringed by the execution of his order without any fault on the part of DELUCKS GmbH. In particular, DELUCKS GmbH shall not be obliged to verify whether such rights exist, unless otherwise agreed in individual contracts. The Customer shall indemnify DELUCKS GmbH from all claims of third parties due to such infringements.

(9) Texts and images or contents delivered by the Customer as well as links to pages on the Internet must not infringe any trademark, patent or other rights of third parties. The customer shall be liable for any damage caused by the supplied data.

(10) DELUCKS GmbH is not entitled and not obliged to point out content-related or legal concerns in the design and/or elaboration of online-based solutions or to act in an advisory capacity accordingly.

(11) The limitations of this § 8 do not apply to the liability of DELUCKS GmbH due to intentional or grossly negligent conduct, in case of fraudulent concealment of a defect, for guaranteed characteristics, due to injury to life, body or health or according to the Product Liability Act.

(12) Unforeseeable, unavoidable events beyond the control of DELUCKS GmbH and for which DELUCKS GmbH is not responsible, such as force majeure, war, natural disasters, official orders or labor disputes shall release DELUCKS GmbH for their duration from the obligation to deliver on time.

Delivered goods and all associated rights remain the property of DELUCKS GmbH until the agreed price has been paid in full.

1) DELUCKS GmbH is entitled to name users and customers as reference customers on its websites, print media and press releases. The customer may object to the naming by explicit declaration by mail to the address DELUCKS GmbH, Dall’Armistr. 23A, 80638 Munich or in writing by e-mail to kontakt@delucks.com until 14 days after conclusion of the contract.

(2) In case of electronic creation of orders, the data will be stored on the server of DELUCKS GmbH. The data will be kept on the server until invoicing. Long-term archiving requires an agreement with DELUCKS GmbH. DELUCKS GmbH will not be liable for any loss of data, except in case of intent or gross negligence. If the storage of data is agreed upon in writing, DELUCKS GmbH is authorized to delete this data with the expiration of the agreed storage period without prior notice to the customer. The data stock is property of DELUCKS GmbH. In any case, the data will be delivered against separate invoice, unless otherwise agreed.

DELUCKS GmbH reserves the right to change/or amend the General Terms and Conditions for the future. The General Terms and Conditions available on the DELUCKS GmbH website at the time of the conclusion of the contract shall always apply.

(1) If the Customer is a merchant, a legal entity under public law or a special fund under public law or if the Customer has no general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for any disputes arising from the business relationship between DELUCKS GmbH and the Customer shall be, at the option of DELUCKS GmbH, Munich or the Customer’s place of business. In these cases, however, Munich shall be the exclusive place of jurisdiction for actions against DELUCKS GmbH. Mandatory statutory provisions on exclusive places of jurisdiction shall remain unaffected by this provision.

(2) The relations between DELUCKS GmbH and the Customer shall be governed exclusively by the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG) shall not apply.

(3) Should individual provisions of these General Terms and Conditions be invalid, the validity and applicability of the remaining provisions of these General Terms and Conditions shall remain unaffected.

(4) Insofar as the contract or these General Terms and Conditions of Delivery contain loopholes, those legally effective provisions shall be deemed agreed to fill these loopholes which the contracting parties would have agreed in accordance with the economic objectives of the contract and the purpose of these General Terms and Conditions of Delivery if they had been aware of the loophole.

(5) No verbal collateral agreements have been made. Statements previously made by one of the contracting parties in the course of contractual negotiations shall be invalid unless they have been incorporated into the contract.

(6) All amendments and supplements must be made in writing. Also the

(7) Amendment of this provision shall also require the written form.

(8) Should parts of this contract be or become invalid, this shall not affect the remaining provisions. The contracting parties undertake to replace the invalid or void parts by economically equivalent, legally stable provisions which come as close as possible to the economic purpose pursued by the invalid provisions. This shall apply mutatis mutandis in the event of an unplanned gap in the contract.

Note
:The Customer acknowledges that DELUCKS GmbH stores data from the contractual relationship in accordance with § 28 of the Federal Data Protection Act (BDSG) for the purpose of data processing and reserves the right to transmit the data to third parties (e.g. insurance companies) to the extent necessary for the performance of
the contract.