General Terms and Conditions
Private customers
// 1. Data Protection at a Glance
// 1.1 General Information
The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data is any data with which you can be personally identified. Detailed information on the subject of data protection can be found in our privacy policy listed below this text.
// 1.2 Data Collection on this Website
Who is responsible for data collection on this website?
The data processing on this website is carried out by the website operator. You can find their contact details in the imprint of this website.
// 1.3 How do we collect your data?
Your data is collected, on the one hand, by you providing it to us. This may include data that you enter into a contact form, for example. Other data is automatically collected or collected with your consent when you visit the website through our IT systems. These are primarily technical data (e.g., internet browser, operating system, or time of page access). The collection of this data occurs automatically as soon as you enter this website.
// 1.4 What do we use your data for?
Some of the data is collected to ensure the error-free provision of the website. Other data may be used to analyze your user behavior.
// 1.5 What rights do you have regarding your data?
You have the right at any time to receive information free of charge about the origin, recipients, and purpose of your stored personal data. You also have the right to request the correction or deletion of this data. If you have given consent to data processing, you can revoke this consent at any time for the future. Furthermore, you have the right, under certain circumstances, to request the restriction of the processing of your personal data. In addition, you have the right to lodge a complaint with the competent supervisory authority. For this purpose, as well as for further questions on the subject of data protection, you can contact us at any time at the address provided in the imprint.
// 2. Hosting and Content Delivery Networks (CDN)
// 2.1 External Hosting
This website is hosted by an external service provider (host). The personal data collected on this website is stored on the host's servers. This may include, in particular, IP addresses, contact inquiries, meta and communication data, contract data, contact details, names, website visits, and other data generated through a website. The use of the host is for the purpose of fulfilling the contract with our potential and existing customers (Art. 6 para. 1 lit. b GDPR) and in the interest of a secure, fast, and efficient provision of our online offer by a professional provider (Art. 6 para. 1 lit. f GDPR). Our host will only process your data to the extent necessary to fulfill its performance obligations and will follow our instructions regarding this data.
// 3. General Notes and Mandatory Information
// 3.1 Data Protection
The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations as well as this privacy policy. When you use this website, various personal data are collected. Personal data are data with which you can be personally identified. This privacy policy explains which data we collect and what we use it for. It also explains how and for what purpose this happens. We point out that data transmission on the Internet (e.g., when communicating by e-mail) can have security vulnerabilities. Complete protection of data against access by third parties is not possible.
// 3.2 Note on the responsible entity
The entity responsible for data processing on this website is:
stadichair GmbH + Co. KG
Krackser Str. 12, G13
33659 Bielefeld
Telephone: 015156063947
E-Mail: post@stadichair.de
Responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (e.g., names, email addresses, or similar).
// 3.3 Revocation of Your Consent to Data Processing
Many data processing operations are only possible with your explicit consent. You can revoke a consent you have already given at any time. The legality of the data processing carried out until the revocation remains unaffected by the revocation.
Right to object to data collection in special cases and to direct marketing (Art. 21 GDPR)
IF THE DATA PROCESSING IS BASED ON ART. 6 PAR. 1 LIT. E OR F GDPR, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, RIGHTS, AND FREEDOMS OR THE PROCESSING IS FOR THE ESTABLISHMENT, EXERCISE, OR DEFENSE OF LEGAL CLAIMS (OBJECTION PURSUANT TO ART. 21 PAR. 1 GDPR).
IF YOUR PERSONAL DATA IS PROCESSED FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR SUCH MARKETING PURPOSES; THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS RELATED TO SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL NO LONGER BE USED FOR DIRECT MARKETING PURPOSES (OBJECTION PURSUANT TO ART. 21 PARA. 2 GDPR).
// 3.4 Right to lodge a complaint with the competent supervisory authority
In the event of violations of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, particularly in the member state of their habitual residence, place of work, or the location of the alleged violation. The right to lodge a complaint exists without prejudice to any other administrative or judicial remedies.
// 3.5 Right to Data Portability
You have the right to receive data that we process automatically based on your consent or in fulfillment of a contract, either to yourself or to a third party, in a common, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done insofar as it is technically feasible.
// 3.6 Information, Deletion, and Correction
You have the right at any time, within the framework of the applicable legal provisions, to receive free information about your stored personal data, their origin and recipients, and the purpose of data processing, as well as, if applicable, the right to correction or deletion of this data. For this purpose, as well as for further questions on the subject of personal data, you can contact us at any time at the address provided in the imprint.
// 3.7 Right to Restriction of Processing
You have the right to request the restriction of the processing of your personal data. You can contact us at any time at the address provided in the imprint for this purpose. The right to restriction of processing exists in the following cases:
- If you dispute the accuracy of your personal data stored with us, we usually need time to verify this. During the verification period, you have the right to request the restriction of the processing of your personal data.
- If the processing of your personal data was/is unlawful, you may request the restriction of data processing instead of deletion.
- If we no longer need your personal data but you require it for the exercise, defense, or assertion of legal claims, you have the right to request the restriction of the processing of your personal data instead of deletion.
- If you have lodged an objection pursuant to Art. 21(1) GDPR, a balance must be struck between your interests and ours. As long as it is not yet determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.
- If you have restricted the processing of your personal data, this data – apart from its storage – may only be processed with your consent or for the assertion, exercise, or defense of legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the European Union or a member state.
// 4. Social Media
// 4.1 Facebook Plugins (Like & Share Button)
This website integrates plugins from the social network Facebook. The provider of this service is Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. According to Facebook, the data collected is also transferred to the USA and other third countries. You can recognize the Facebook plugins by the Facebook logo or the "Like Button" ("Like") on this website. An overview of the Facebook plugins can be found here: https://developers.facebook.com/docs/plugins/?locale=en_US. When you visit this website, a direct connection is established between your browser and the Facebook server via the plugin. Facebook thereby receives the information that you have visited this website with your IP address. If you click the Facebook "Like" button while logged into your Facebook account, you can link the content of this website to your Facebook profile. This allows Facebook to associate the visit to this website with your user account. We would like to point out that as the provider of the pages, we have no knowledge of the content of the data transmitted or its use by Facebook. Further information can be found in Facebook's privacy policy at: https://de-de.facebook.com/privacy/explanation.
If you do not want Facebook to associate your visit to this website with your Facebook user account, please log out of your Facebook user account. The use of Facebook plugins is based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in the widest possible visibility on social media. If the corresponding consent has been obtained, processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR; consent can be revoked at any time.
// 4.2 Instagram Plugin
This website integrates features of the Instagram service. These features are offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA 94025, USA. If you are logged into your Instagram account, you can link the content of this website with your Instagram profile by clicking the Instagram button. This allows Instagram to associate your visit to this website with your user account. We point out that as the provider of the pages, we have no knowledge of the content of the data transmitted or its use by Instagram. The storage and analysis of the data is carried out on the basis of Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in the widest possible visibility in social media. If a corresponding consent has been requested, processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR; consent can be revoked at any time. Further information can be found in Instagram's privacy policy:
https://instagram.com/about/legal/privacy/.
// 5. Newsletter
// 5.1 Newsletter data
If you wish to subscribe to the newsletter offered on the website, we require an email address from you as well as information that allows us to verify that you are the owner of the specified email address and agree to receive the newsletter. No further data is collected or only on a voluntary basis. We use this data exclusively for sending the requested information and do not share it with third parties.
The processing of the data entered into the newsletter registration form is carried out solely on the basis of your consent (Art. 6 para. 1 lit. a GDPR). You can revoke the consent given for the storage of the data, the email address, and its use for sending the newsletter at any time, for example via the "Unsubscribe" link in the newsletter. The legality of the data processing operations already carried out remains unaffected by the revocation. The data you have provided to us for the purpose of receiving the newsletter will be stored by us until you unsubscribe from the newsletter or by the newsletter service provider and deleted from the newsletter distribution list after unsubscribing. Data stored with us for other purposes remain unaffected. After you unsubscribe from the newsletter distribution list, your email address will be stored by us or the newsletter service provider, if applicable, in a blacklist to prevent future mailings. The data from the blacklist is used only for this purpose and is not 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 para. 1 lit. f GDPR). The storage in the blacklist is not limited in time. You can object to the storage if your interests outweigh our legitimate interest.
Business customers
//1. General and Scope of Application
The user of these general terms and conditions is stadichair GmbH + Co. KG, represented by the management Krackser Str. 12, Building 13, 33659 Bielefeld. These conditions apply exclusively to the processing of all sales and deliveries carried out by us to entrepreneurs, legal entities under public law, or special funds under public law within the meaning of § 310 paragraph 1 BGB. Conflicting or deviating conditions of the customer shall only apply if we have expressly and in writing agreed to them. These sales conditions also apply to all future transactions with the customer, as far as they concern legal transactions of a similar nature.
//2. Offer and Conclusion of Contract
Our offers are non-binding and without obligation. Declarations of acceptance and all orders require our written or telegraphic confirmation to be legally effective. This also applies if we have provided the customer with technical documentation, other product descriptions, or documents in advance. Drawings, illustrations, dimensions, weights, or other performance data are only binding if explicitly agreed upon in writing; otherwise, they are industry-standard approximate values.
//3. Provided Documents
3.1. We reserve ownership and copyright to all documents provided to the customer in connection with the order placement, such as calculations, drawings, etc. These documents must not be made accessible to third parties unless we give the customer our explicit written consent. If a contract is not concluded, these documents must be returned to us immediately and otherwise destroyed.
3.2. If the customer provides drawings or technical documents regarding the goods to be delivered or their manufacture, we are permitted, for reasons of evidence preservation, to make copies or similar at our own expense or have them made.
//4. Prices and Payment Terms
4.1. All prices are net prices, excluding the applicable value-added tax at the rate valid on the day of invoicing.
4.2. Unless otherwise agreed in writing, our prices apply ex works excluding packaging, freight, loading, and unloading. Additionally agreed ancillary services will be charged separately. If the customer so wishes, we will cover the delivery with transport insurance; the costs incurred in this respect shall be borne by the customer.
4.3. Unless otherwise specified in the order confirmation or the invoice, the purchase price is due net (without deduction) within 10 days from the invoice date. Payment of the purchase price must be made exclusively to our specified account. The deduction of a discount is only permitted with prior special written agreement.
4.4. If the customer is in default of payment, our claim will bear interest at the applicable statutory default interest rate; a separate reminder is not required for this. The assertion of higher default damages remains reserved.
4.5. Unless a fixed price agreement has been made, reasonable price changes due to changes in labor, material, freight, and distribution costs are reserved for deliveries that take place 3 months or later after the conclusion of the contract.
//5. Set-off and rights of retention
5.1. The customer does not have the right to offset, unless their counterclaims are undisputed, acknowledged by us, or legally established.
5.2. If our payment claim is jeopardized by the customer's lack of performance capability (e.g., application for the opening of insolvency proceedings), we are entitled, according to legal regulations, to refuse performance and - if necessary, after setting a deadline - to withdraw from the contract (§ 321 BGB). In the case of custom-made products, we can declare the withdrawal immediately. The statutory provisions regarding the dispensability of setting a deadline remain unaffected.
//6. Delivery time, transfer of risk
6.1. Appointment commitments are only binding if they have been confirmed in writing by us as a binding delivery date; otherwise, our delivery times are non-binding.
6.2 The customer is entitled to request in writing, 3 weeks after the expiration of the non-binding delivery date, that we deliver within a reasonable period of at least 3 additional weeks. An exceeding of the agreed delivery time entitles the customer to withdraw only after the customer has set us a reasonable grace period and this has not been met. The occurrence of our delivery delay is otherwise determined by statutory provisions. In any case, a reminder by the customer is required. A reasonable grace period set by the customer must be at least 3 weeks.
6.3. The start of the delivery time specified by us presupposes the clarification of all technically necessary questions regarding the execution of the order and is subject to the correct and timely self-delivery by our suppliers. Compliance with our delivery obligation also requires the timely and proper fulfillment of the customer's required cooperation obligations. The objection of non-performance of the contract remains reserved.
6.4. If we are unable to meet binding delivery deadlines for reasons beyond our control, we will inform the customer and set a new delivery deadline appropriate to the circumstances. If the service is still not available within the new delivery deadline, we are entitled to withdraw from the contract in whole or in part; any consideration already provided will be refunded.
6.5. All events for which we are not responsible, in particular cases of force majeure (e.g. war, blockade, fire, riot, strike, operational disruptions at suppliers and the seller) as well as unforeseeable official measures entitle us, at our own discretion, either to withdraw from the contract, to make partial deliveries within the scope of what is possible, or to postpone the delivery date by the duration of the hindering event.
6.6. If we are responsible for the failure to meet binding agreed deadlines and dates or if we are in default, the customer is entitled to a delay compensation of 0.5% for each completed week of delay, but in total no more than 5% of the invoice value of the deliveries and services affected by the delay. The right to claim damages beyond this is limited to cases of delay in which we or our vicarious agents are proven to have committed at least grossly negligent breach of contract.
6.7. If the goods are shipped at the customer's request, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon dispatch of the goods, but at the latest when the goods leave the warehouse. This applies regardless of whether the shipment of the goods takes place from the place of performance or who bears the freight costs.
//7. Retention of title
7.1. We retain ownership of the contractual object until all claims owed to us by the customer from the business relationship have been fulfilled. This also applies to all future services, even if we do not always explicitly invoke this right.
7.2. During the retention of title, the customer is obliged to treat the contractual object with care and to insure it at their own expense against theft, fire, and water damage sufficiently for the new value. Any claims for compensation against the insurer are hereby assigned to us up to the amount of the invoice value. The customer must notify us immediately in writing if the delivered item is seized or otherwise subjected to third-party interventions. During the period of retention of title, the customer is prohibited from pledging or transferring the item as security.
7.3. In the event of processing or transformation of the reserved goods by the customer, this shall always be carried out on our behalf. If the purchased item is processed together with other items not belonging to us, we acquire co-ownership of the new item in proportion to the invoiced price of our contractual item relative to the other processed items at the time of processing. The above provision applies accordingly in the case of inseparable mixing or connection of the delivered item with goods not belonging to us. The customer shall safeguard the resulting sole or co-ownership for us with the care of a prudent businessman.
7.4. The customer is entitled to resell the reserved goods in the ordinary course of business; he hereby assigns to us - without the need for any further declarations - his claim from the resale of the reserved goods with all its ancillary rights as security in the amount of the invoice amount (including VAT), regardless of whether the contract item is resold without or after processing. The assignment also applies to any balance claims. The portion of the claim assigned to us is to be satisfied with priority. The customer remains authorized to collect the claim even after the assignment until revoked. If there are justified interests, especially in the event of default in payment, we are entitled to revoke the customer's collection authorization. Upon request, the customer must disclose to us the amount of the assigned claim, the identity of the debtor, and any other information necessary for collection, hand over the associated documents, and notify the debtor of the assignment.
7.5. We undertake to release the securities due to us at the customer's request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is at our discretion.
7.6. In the event of breaches of duty by the customer, in particular default in payment, we are entitled, even without setting a deadline, to demand the return of the goods and/or - if necessary after setting a deadline - to withdraw from the contract; the customer is obliged to return the goods. The demand for the return of the goods does not constitute a declaration of withdrawal on our part, unless we expressly declare this. In the event of the return of the goods, we are authorized to dispose of them, and the proceeds from the disposal shall be credited against the customer's liabilities - minus reasonable disposal costs.
//8. Liability for material defects
8.1. We are liable for the freedom of the goods from material and legal defects in accordance with the statutory provisions, unless otherwise specified below.
8.2. The customer's claims for defects require that they have fulfilled their statutory obligations to inspect and give notice of defects according to § 377 HGB - already during any initial sample inspection to be carried out. If we are to deliver according to drawings, specifications, samples, or similar provided by our customer, the customer assumes the risk of suitability for the intended purpose.
8.3. In the case of delivery of goods, we initially provide warranty for defects in the goods at our discretion through subsequent performance by means of repair or replacement delivery (subsequent fulfillment). The customer must grant us a reasonable period for subsequent performance. A failure of the repair is only assumed after the unsuccessful second attempt. If the subsequent performance fails, the customer may choose to demand a reduction or withdrawal. The statutory cases of dispensability of the setting of a deadline and §§ 478, 479 BGB remain unaffected. The customer's right to claim damages under clause 9 of this contract also remains unaffected.
8.4. Claims for rescission and/or payment of damages do not exist in the case of only insignificant deviation from the agreed condition, only insignificant impairment of usability, natural wear and tear, or damage that occurs after the transfer of risk due to faulty or negligent handling, excessive use, unsuitable operating materials, or due to special external influences that are not assumed under the contract. If improper repair work or modifications are carried out by the customer or third parties, no claims for defects exist for these or the resulting consequences either.
8.5. Warranty claims and claims for damages against us, which are related to a defect in the goods, expire 12 months after the transfer of risk. This does not apply in the case of a recourse claim pursuant to §§ 478, 479 BGB. In this respect, the statutory provisions apply.
8.6. However, the limitation period according to 8.5. applies with the following proviso: a) the limitation period generally does not apply in the case of intent or fraudulent concealment of a defect or insofar as we have assumed a guarantee for the condition of the delivery item, b) the limitation period does not apply to claims for damages in the case of grossly negligent breach of duty, in the case of culpable breach of essential contractual obligations - not consisting in the delivery of a defective item or the provision of a defective service -, in cases of culpable injury to life, body or health, or for claims under the Product Liability Act. The limitation periods for claims for damages also apply to the reimbursement of futile expenses.
8.7. All complaints, as well as the customer's rights due to defects, must be made in writing, for example by letter, fax, or e-mail to us.
//9. Liability for other damages
9.1. If the customer is not entitled to terminate the contractual relationship for legal reasons (in particular by withdrawal or contestation) and also refuses, after the expiry of a 14-day grace period set by us for the written confirmation of the further proper execution of the contract, to provide such confirmation, the customer shall pay damages amounting to 15% of the gross order value, unless we prove a higher damage. The customer is expressly permitted to prove that no damage or depreciation has occurred at all or that it is significantly lower than the lump sum. We reserve the right to claim damages exceeding this lump sum by way of any depreciation of the goods that may have occurred.
9.2. In the event of delays caused by the customer regarding the acceptance or return of the goods, which occur after written notification, we are entitled to charge for the additional expenses incurred as a result; as well as to levy storage fees at the customary local rates. The customer is expressly permitted to prove that in the specific case no damage has occurred or that the damage is significantly less.
9.3. Liability for materials delivered by the customer as well as consequential costs is limited to a maximum of the order value. Despite careful work, rejects cannot be completely avoided technically. An examination of the material properties specified by the customer is generally not carried out, unless at the request and expense of the client. Processing procedures proposed by us, materials to be used, etc., do not exempt the customer from checking the suitability for their purposes themselves.
//10. Miscellaneous
10.1. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected thereby.
10.2. Amendments, additions, and collateral agreements to the contract require text form to be effective, unless otherwise stipulated in these General Terms and Conditions. This also applies to the amendment of this text form clause.
10.3. Contrary to paragraph 2, informal changes or additions to the contract are also effective if they are made on a case-by-case basis and individually agreed upon with the customer (individual agreements within the meaning of § 305b BGB).
10.4 The specified seat height serves as a guideline and may vary in individual cases depending on the stadium seat shell (manufacturer and/or model) within a range of up to 4 cm downward (i.e., < 50 // 75 // 85 cm seat height) and 2 cm upward (> 50 // 75 // 85 cm seat height).
//11. Place of Performance and Jurisdiction – Applicable Law
11.1. Unless otherwise specified in the order confirmation, our place of business is the place of performance for the delivery of the purchased item if the customer is a merchant, a legal entity under public law, or a special fund under public law.
11.2. If the customer is a merchant, our place of business shall be the exclusive place of jurisdiction for all current and future claims arising from or in connection with this contractual relationship; however, we are also entitled to sue the customer at the court of their place of residence.
11.3. For all disputes arising from or in connection with this contractual relationship, the law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The same applies if the customer does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is not known at the time the action is brought.
// 1. Data Protection at a Glance
// 1.1 General Information
The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data is any data with which you can be personally identified. Detailed information on the subject of data protection can be found in our privacy policy listed below this text.
// 1.2 Data Collection on this Website
Who is responsible for data collection on this website?
The data processing on this website is carried out by the website operator. You can find their contact details in the imprint of this website.
// 1.3 How do we collect your data?
Your data is collected, on the one hand, by you providing it to us. This may include data that you enter into a contact form, for example. Other data is automatically collected or collected with your consent when you visit the website through our IT systems. These are primarily technical data (e.g., internet browser, operating system, or time of page access). The collection of this data occurs automatically as soon as you enter this website.
// 1.4 What do we use your data for?
Some of the data is collected to ensure the error-free provision of the website. Other data may be used to analyze your user behavior.
// 1.5 What rights do you have regarding your data?
You have the right at any time to receive information free of charge about the origin, recipients, and purpose of your stored personal data. You also have the right to request the correction or deletion of this data. If you have given consent to data processing, you can revoke this consent at any time for the future. Furthermore, you have the right, under certain circumstances, to request the restriction of the processing of your personal data. In addition, you have the right to lodge a complaint with the competent supervisory authority. For this purpose, as well as for further questions on the subject of data protection, you can contact us at any time at the address provided in the imprint.
// 2. Hosting and Content Delivery Networks (CDN)
// 2.1 External Hosting
This website is hosted by an external service provider (host). The personal data collected on this website is stored on the host's servers. This may include, in particular, IP addresses, contact inquiries, meta and communication data, contract data, contact details, names, website visits, and other data generated through a website. The use of the host is for the purpose of fulfilling the contract with our potential and existing customers (Art. 6 para. 1 lit. b GDPR) and in the interest of a secure, fast, and efficient provision of our online offer by a professional provider (Art. 6 para. 1 lit. f GDPR). Our host will only process your data to the extent necessary to fulfill its performance obligations and will follow our instructions regarding this data.
// 3. General Notes and Mandatory Information
// 3.1 Data Protection
The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations as well as this privacy policy. When you use this website, various personal data are collected. Personal data are data with which you can be personally identified. This privacy policy explains which data we collect and what we use it for. It also explains how and for what purpose this happens. We point out that data transmission on the Internet (e.g., when communicating by e-mail) can have security vulnerabilities. Complete protection of data against access by third parties is not possible.
// 3.2 Note on the responsible entity
The entity responsible for data processing on this website is:
stadichair GmbH + Co. KG
Krackser Str. 12, G13
33659 Bielefeld
Telephone: 015156063947
E-Mail: post@stadichair.de
Responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (e.g., names, email addresses, or similar).
// 3.3 Revocation of Your Consent to Data Processing
Many data processing operations are only possible with your explicit consent. You can revoke a consent you have already given at any time. The legality of the data processing carried out until the revocation remains unaffected by the revocation.
Right to object to data collection in special cases and to direct marketing (Art. 21 GDPR)
IF THE DATA PROCESSING IS BASED ON ART. 6 PAR. 1 LIT. E OR F GDPR, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS PRIVACY POLICY. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING THAT OVERRIDE YOUR INTERESTS, RIGHTS, AND FREEDOMS OR THE PROCESSING IS FOR THE ESTABLISHMENT, EXERCISE, OR DEFENSE OF LEGAL CLAIMS (OBJECTION PURSUANT TO ART. 21 PAR. 1 GDPR).
IF YOUR PERSONAL DATA IS PROCESSED FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR SUCH MARKETING PURPOSES; THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS RELATED TO SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL NO LONGER BE USED FOR DIRECT MARKETING PURPOSES (OBJECTION PURSUANT TO ART. 21 PARA. 2 GDPR).
// 3.4 Right to lodge a complaint with the competent supervisory authority
In the event of violations of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, particularly in the member state of their habitual residence, place of work, or the location of the alleged violation. The right to lodge a complaint exists without prejudice to any other administrative or judicial remedies.
// 3.5 Right to Data Portability
You have the right to receive data that we process automatically based on your consent or in fulfillment of a contract, either to yourself or to a third party, in a common, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done insofar as it is technically feasible.
// 3.6 Information, Deletion, and Correction
You have the right at any time, within the framework of the applicable legal provisions, to receive free information about your stored personal data, their origin and recipients, and the purpose of data processing, as well as, if applicable, the right to correction or deletion of this data. For this purpose, as well as for further questions on the subject of personal data, you can contact us at any time at the address provided in the imprint.
// 3.7 Right to Restriction of Processing
You have the right to request the restriction of the processing of your personal data. You can contact us at any time at the address provided in the imprint for this purpose. The right to restriction of processing exists in the following cases:
- If you dispute the accuracy of your personal data stored with us, we usually need time to verify this. During the verification period, you have the right to request the restriction of the processing of your personal data.
- If the processing of your personal data was/is unlawful, you may request the restriction of data processing instead of deletion.
- If we no longer need your personal data but you require it for the exercise, defense, or assertion of legal claims, you have the right to request the restriction of the processing of your personal data instead of deletion.
- If you have lodged an objection pursuant to Art. 21(1) GDPR, a balance must be struck between your interests and ours. As long as it is not yet determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.
- If you have restricted the processing of your personal data, this data – apart from its storage – may only be processed with your consent or for the assertion, exercise, or defense of legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the European Union or a member state.
// 4. Social Media
// 4.1 Facebook Plugins (Like & Share Button)
This website integrates plugins from the social network Facebook. The provider of this service is Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. According to Facebook, the data collected is also transferred to the USA and other third countries. You can recognize the Facebook plugins by the Facebook logo or the "Like Button" ("Like") on this website. An overview of the Facebook plugins can be found here: https://developers.facebook.com/docs/plugins/?locale=en_US. When you visit this website, a direct connection is established between your browser and the Facebook server via the plugin. Facebook thereby receives the information that you have visited this website with your IP address. If you click the Facebook "Like" button while logged into your Facebook account, you can link the content of this website to your Facebook profile. This allows Facebook to associate the visit to this website with your user account. We would like to point out that as the provider of the pages, we have no knowledge of the content of the data transmitted or its use by Facebook. Further information can be found in Facebook's privacy policy at: https://de-de.facebook.com/privacy/explanation.
If you do not want Facebook to associate your visit to this website with your Facebook user account, please log out of your Facebook user account. The use of Facebook plugins is based on Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in the widest possible visibility on social media. If the corresponding consent has been obtained, processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR; consent can be revoked at any time.
// 4.2 Instagram Plugin
This website integrates features of the Instagram service. These features are offered by Instagram Inc., 1601 Willow Road, Menlo Park, CA 94025, USA. If you are logged into your Instagram account, you can link the content of this website with your Instagram profile by clicking the Instagram button. This allows Instagram to associate your visit to this website with your user account. We point out that as the provider of the pages, we have no knowledge of the content of the data transmitted or its use by Instagram. The storage and analysis of the data is carried out on the basis of Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in the widest possible visibility in social media. If a corresponding consent has been requested, processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR; consent can be revoked at any time. Further information can be found in Instagram's privacy policy:
https://instagram.com/about/legal/privacy/.
// 5. Newsletter
// 5.1 Newsletter data
If you wish to subscribe to the newsletter offered on the website, we require an email address from you as well as information that allows us to verify that you are the owner of the specified email address and agree to receive the newsletter. No further data is collected or only on a voluntary basis. We use this data exclusively for sending the requested information and do not share it with third parties.
The processing of the data entered into the newsletter registration form is carried out solely on the basis of your consent (Art. 6 para. 1 lit. a GDPR). You can revoke the consent given for the storage of the data, the email address, and its use for sending the newsletter at any time, for example via the "Unsubscribe" link in the newsletter. The legality of the data processing operations already carried out remains unaffected by the revocation. The data you have provided to us for the purpose of receiving the newsletter will be stored by us until you unsubscribe from the newsletter or by the newsletter service provider and deleted from the newsletter distribution list after unsubscribing. Data stored with us for other purposes remain unaffected. After you unsubscribe from the newsletter distribution list, your email address will be stored by us or the newsletter service provider, if applicable, in a blacklist to prevent future mailings. The data from the blacklist is used only for this purpose and is not 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 para. 1 lit. f GDPR). The storage in the blacklist is not limited in time. You can object to the storage if your interests outweigh our legitimate interest.
//1. General and Scope of Application
The user of these general terms and conditions is stadichair GmbH + Co. KG, represented by the management Krackser Str. 12, Building 13, 33659 Bielefeld. These conditions apply exclusively to the processing of all sales and deliveries carried out by us to entrepreneurs, legal entities under public law, or special funds under public law within the meaning of § 310 paragraph 1 BGB. Conflicting or deviating conditions of the customer shall only apply if we have expressly and in writing agreed to them. These sales conditions also apply to all future transactions with the customer, as far as they concern legal transactions of a similar nature.
//2. Offer and Conclusion of Contract
Our offers are non-binding and without obligation. Declarations of acceptance and all orders require our written or telegraphic confirmation to be legally effective. This also applies if we have provided the customer with technical documentation, other product descriptions, or documents in advance. Drawings, illustrations, dimensions, weights, or other performance data are only binding if explicitly agreed upon in writing; otherwise, they are industry-standard approximate values.
//3. Provided Documents
3.1. We reserve ownership and copyright to all documents provided to the customer in connection with the order placement, such as calculations, drawings, etc. These documents must not be made accessible to third parties unless we give the customer our explicit written consent. If a contract is not concluded, these documents must be returned to us immediately and otherwise destroyed.
3.2. If the customer provides drawings or technical documents regarding the goods to be delivered or their manufacture, we are permitted, for reasons of evidence preservation, to make copies or similar at our own expense or have them made.
//4. Prices and Payment Terms
4.1. All prices are net prices, excluding the applicable value-added tax at the rate valid on the day of invoicing.
4.2. Unless otherwise agreed in writing, our prices apply ex works excluding packaging, freight, loading, and unloading. Additionally agreed ancillary services will be charged separately. If the customer so wishes, we will cover the delivery with transport insurance; the costs incurred in this respect shall be borne by the customer.
4.3. Unless otherwise specified in the order confirmation or the invoice, the purchase price is due net (without deduction) within 10 days from the invoice date. Payment of the purchase price must be made exclusively to our specified account. The deduction of a discount is only permitted with prior special written agreement.
4.4. If the customer is in default of payment, our claim will bear interest at the applicable statutory default interest rate; a separate reminder is not required for this. The assertion of higher default damages remains reserved.
4.5. Unless a fixed price agreement has been made, reasonable price changes due to changes in labor, material, freight, and distribution costs are reserved for deliveries that take place 3 months or later after the conclusion of the contract.
//5. Set-off and rights of retention
5.1. The customer does not have the right to offset, unless their counterclaims are undisputed, acknowledged by us, or legally established.
5.2. If our payment claim is jeopardized by the customer's lack of performance capability (e.g., application for the opening of insolvency proceedings), we are entitled, according to legal regulations, to refuse performance and - if necessary, after setting a deadline - to withdraw from the contract (§ 321 BGB). In the case of custom-made products, we can declare the withdrawal immediately. The statutory provisions regarding the dispensability of setting a deadline remain unaffected.
//6. Delivery time, transfer of risk
6.1. Appointment commitments are only binding if they have been confirmed in writing by us as a binding delivery date; otherwise, our delivery times are non-binding.
6.2 The customer is entitled to request in writing, 3 weeks after the expiration of the non-binding delivery date, that we deliver within a reasonable period of at least 3 additional weeks. An exceeding of the agreed delivery time entitles the customer to withdraw only after the customer has set us a reasonable grace period and this has not been met. The occurrence of our delivery delay is otherwise determined by statutory provisions. In any case, a reminder by the customer is required. A reasonable grace period set by the customer must be at least 3 weeks.
6.3. The start of the delivery time specified by us presupposes the clarification of all technically necessary questions regarding the execution of the order and is subject to the correct and timely self-delivery by our suppliers. Compliance with our delivery obligation also requires the timely and proper fulfillment of the customer's required cooperation obligations. The objection of non-performance of the contract remains reserved.
6.4. If we are unable to meet binding delivery deadlines for reasons beyond our control, we will inform the customer and set a new delivery deadline appropriate to the circumstances. If the service is still not available within the new delivery deadline, we are entitled to withdraw from the contract in whole or in part; any consideration already provided will be refunded.
6.5. All events for which we are not responsible, in particular cases of force majeure (e.g. war, blockade, fire, riot, strike, operational disruptions at suppliers and the seller) as well as unforeseeable official measures entitle us, at our own discretion, either to withdraw from the contract, to make partial deliveries within the scope of what is possible, or to postpone the delivery date by the duration of the hindering event.
6.6. If we are responsible for the failure to meet binding agreed deadlines and dates or if we are in default, the customer is entitled to a delay compensation of 0.5% for each completed week of delay, but in total no more than 5% of the invoice value of the deliveries and services affected by the delay. The right to claim damages beyond this is limited to cases of delay in which we or our vicarious agents are proven to have committed at least grossly negligent breach of contract.
6.7. If the goods are shipped at the customer's request, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon dispatch of the goods, but at the latest when the goods leave the warehouse. This applies regardless of whether the shipment of the goods takes place from the place of performance or who bears the freight costs.
//7. Retention of title
7.1. We retain ownership of the contractual object until all claims owed to us by the customer from the business relationship have been fulfilled. This also applies to all future services, even if we do not always explicitly invoke this right.
7.2. During the retention of title, the customer is obliged to treat the contractual object with care and to insure it at their own expense against theft, fire, and water damage sufficiently for the new value. Any claims for compensation against the insurer are hereby assigned to us up to the amount of the invoice value. The customer must notify us immediately in writing if the delivered item is seized or otherwise subjected to third-party interventions. During the period of retention of title, the customer is prohibited from pledging or transferring the item as security.
7.3. In the event of processing or transformation of the reserved goods by the customer, this shall always be carried out on our behalf. If the purchased item is processed together with other items not belonging to us, we acquire co-ownership of the new item in proportion to the invoiced price of our contractual item relative to the other processed items at the time of processing. The above provision applies accordingly in the case of inseparable mixing or connection of the delivered item with goods not belonging to us. The customer shall safeguard the resulting sole or co-ownership for us with the care of a prudent businessman.
7.4. The customer is entitled to resell the reserved goods in the ordinary course of business; he hereby assigns to us - without the need for any further declarations - his claim from the resale of the reserved goods with all its ancillary rights as security in the amount of the invoice amount (including VAT), regardless of whether the contract item is resold without or after processing. The assignment also applies to any balance claims. The portion of the claim assigned to us is to be satisfied with priority. The customer remains authorized to collect the claim even after the assignment until revoked. If there are justified interests, especially in the event of default in payment, we are entitled to revoke the customer's collection authorization. Upon request, the customer must disclose to us the amount of the assigned claim, the identity of the debtor, and any other information necessary for collection, hand over the associated documents, and notify the debtor of the assignment.
7.5. We undertake to release the securities due to us at the customer's request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is at our discretion.
7.6. In the event of breaches of duty by the customer, in particular default in payment, we are entitled, even without setting a deadline, to demand the return of the goods and/or - if necessary after setting a deadline - to withdraw from the contract; the customer is obliged to return the goods. The demand for the return of the goods does not constitute a declaration of withdrawal on our part, unless we expressly declare this. In the event of the return of the goods, we are authorized to dispose of them, and the proceeds from the disposal shall be credited against the customer's liabilities - minus reasonable disposal costs.
//8. Liability for material defects
8.1. We are liable for the freedom of the goods from material and legal defects in accordance with the statutory provisions, unless otherwise specified below.
8.2. The customer's claims for defects require that they have fulfilled their statutory obligations to inspect and give notice of defects according to § 377 HGB - already during any initial sample inspection to be carried out. If we are to deliver according to drawings, specifications, samples, or similar provided by our customer, the customer assumes the risk of suitability for the intended purpose.
8.3. In the case of delivery of goods, we initially provide warranty for defects in the goods at our discretion through subsequent performance by means of repair or replacement delivery (subsequent fulfillment). The customer must grant us a reasonable period for subsequent performance. A failure of the repair is only assumed after the unsuccessful second attempt. If the subsequent performance fails, the customer may choose to demand a reduction or withdrawal. The statutory cases of dispensability of the setting of a deadline and §§ 478, 479 BGB remain unaffected. The customer's right to claim damages under clause 9 of this contract also remains unaffected.
8.4. Claims for rescission and/or payment of damages do not exist in the case of only insignificant deviation from the agreed condition, only insignificant impairment of usability, natural wear and tear, or damage that occurs after the transfer of risk due to faulty or negligent handling, excessive use, unsuitable operating materials, or due to special external influences that are not assumed under the contract. If improper repair work or modifications are carried out by the customer or third parties, no claims for defects exist for these or the resulting consequences either.
8.5. Warranty claims and claims for damages against us, which are related to a defect in the goods, expire 12 months after the transfer of risk. This does not apply in the case of a recourse claim pursuant to §§ 478, 479 BGB. In this respect, the statutory provisions apply.
8.6. However, the limitation period according to 8.5. applies with the following proviso: a) the limitation period generally does not apply in the case of intent or fraudulent concealment of a defect or insofar as we have assumed a guarantee for the condition of the delivery item, b) the limitation period does not apply to claims for damages in the case of grossly negligent breach of duty, in the case of culpable breach of essential contractual obligations - not consisting in the delivery of a defective item or the provision of a defective service -, in cases of culpable injury to life, body or health, or for claims under the Product Liability Act. The limitation periods for claims for damages also apply to the reimbursement of futile expenses.
8.7. All complaints, as well as the customer's rights due to defects, must be made in writing, for example by letter, fax, or e-mail to us.
//9. Liability for other damages
9.1. If the customer is not entitled to terminate the contractual relationship for legal reasons (in particular by withdrawal or contestation) and also refuses, after the expiry of a 14-day grace period set by us for the written confirmation of the further proper execution of the contract, to provide such confirmation, the customer shall pay damages amounting to 15% of the gross order value, unless we prove a higher damage. The customer is expressly permitted to prove that no damage or depreciation has occurred at all or that it is significantly lower than the lump sum. We reserve the right to claim damages exceeding this lump sum by way of any depreciation of the goods that may have occurred.
9.2. In the event of delays caused by the customer regarding the acceptance or return of the goods, which occur after written notification, we are entitled to charge for the additional expenses incurred as a result; as well as to levy storage fees at the customary local rates. The customer is expressly permitted to prove that in the specific case no damage has occurred or that the damage is significantly less.
9.3. Liability for materials delivered by the customer as well as consequential costs is limited to a maximum of the order value. Despite careful work, rejects cannot be completely avoided technically. An examination of the material properties specified by the customer is generally not carried out, unless at the request and expense of the client. Processing procedures proposed by us, materials to be used, etc., do not exempt the customer from checking the suitability for their purposes themselves.
//10. Miscellaneous
10.1. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected thereby.
10.2. Amendments, additions, and collateral agreements to the contract require text form to be effective, unless otherwise stipulated in these General Terms and Conditions. This also applies to the amendment of this text form clause.
10.3. Contrary to paragraph 2, informal changes or additions to the contract are also effective if they are made on a case-by-case basis and individually agreed upon with the customer (individual agreements within the meaning of § 305b BGB).
10.4 The specified seat height serves as a guideline and may vary in individual cases depending on the stadium seat shell (manufacturer and/or model) within a range of up to 4 cm downward (i.e., < 50 // 75 // 85 cm seat height) and 2 cm upward (> 50 // 75 // 85 cm seat height).
//11. Place of Performance and Jurisdiction – Applicable Law
11.1. Unless otherwise specified in the order confirmation, our place of business is the place of performance for the delivery of the purchased item if the customer is a merchant, a legal entity under public law, or a special fund under public law.
11.2. If the customer is a merchant, our place of business shall be the exclusive place of jurisdiction for all current and future claims arising from or in connection with this contractual relationship; however, we are also entitled to sue the customer at the court of their place of residence.
11.3. For all disputes arising from or in connection with this contractual relationship, the law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The same applies if the customer does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is not known at the time the action is brought.