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Legal notice, data protection & terms and conditions of A&K Fahrzeugteile Heidenau GmbH

We are your specialist bus supplier for spare parts and accessories, based in Heidenau and Berlin. Please contact us with any questions or to place an order. Our expert team is happy to assist you.

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Responsible:
A&K Fahrzeugteile Heidenau GmbH
Franz Andrich - Managing Director
Ralf Andrich - Authorized Signatory
Anett Andrich - Authorized Signatory
Mühlenstr. 31
01809 Heidenau

contact:
Telephone: 49(0)3529-5743-0
Fax: 49(0)3529-5743-28

Register entry
Dresden District Court
HRB 21299

VAT ID
DE 226402623

Tax ID number
210/105/03962

Terms and Conditions
Our general terms and conditions

General
(1) All offers are made on the basis of the following terms and conditions of delivery. These terms and conditions form the basis of all offers and agreements and are deemed accepted upon placement of an order or acceptance of delivery for the duration of the entire business relationship. Deviating terms and conditions that are not expressly accepted in writing are not binding on the seller, even if they have not been expressly rejected.
(2) No oral agreements have been concluded outside of this contract.
(3) The following conditions apply exclusively to entrepreneurs as defined in § 14 of the German Civil Code (BGB).
(4) Our offers are always non-binding unless otherwise stated in the order confirmation.

Prices - Payment Terms

(1) Unless otherwise stated in the order confirmation, prices are ex works, excluding transport packaging; this will be invoiced separately.
(2) The statutory value added tax is not included in the prices; it will be shown separately on the invoice at the statutory rate on the date of invoicing.
(3) The purchase price and prices for ancillary services shall be payable upon delivery of the
Purchased item and handover or sending of the invoice
Payment due.
(4) The deduction of a cash discount requires a separate written agreement.
(5) The buyer may only offset our claims if the buyer's counterclaim is undisputed or a legally binding judgment exists; he may only assert a right of retention to the extent that it is based on claims arising from the purchase contract.
(6) Unless expressly agreed otherwise, payments are due immediately upon receipt of invoice without deduction. If the buyer defaults on payment, we are entitled to declare all outstanding claims immediately due and payable. Overdue payments will accrue interest at 8% above the base interest rate, provided the underlying transaction is a commercial transaction. Otherwise, the statutory provisions regarding default apply. We reserve the right to claim further damages.

Delivery

(1) Delivery dates and delivery periods, which may be agreed upon as binding or non-binding, must be specified in writing. Delivery periods begin upon conclusion of the contract.
(2) The goods shall be shipped at the buyer’s risk and expense.
(3) If we are prevented from delivering the goods on the agreed date or within the agreed period due to circumstances for which we or an agent are responsible (delay in delivery), we shall be liable in accordance with the statutory provisions. If the delay in delivery is not attributable to us or an agent, we shall only be liable for foreseeable damages that typically occur. If the delay in delivery is solely due to a breach of a non-essential contractual obligation, the buyer may claim liquidated damages for delay up to a maximum of 15% of the value of the goods.
Claim delivery.
(4) Force majeure and events that temporarily prevent the seller from delivering the goods on the agreed date or within the agreed period through no fault of its own entitle the seller to postpone delivery or performance for the duration of the impediment plus a reasonable start-up period. If such disruptions lead to a postponement of performance of more than four months, the buyer may withdraw from the contract.
You may withdraw from the contract. Other rights of withdrawal remain unaffected.
(5) The buyer is obliged to accept the goods. If the buyer is in default of acceptance, the seller is entitled to claim compensation for the resulting damage.
(6) Changes in design or form, variations in colour tone, and
The manufacturer reserves the right to make changes to the scope of delivery during the delivery period, provided that the changes or deviations are subject to the following conditions:
Consideration of the seller's interests is reasonable for the buyer. If the seller or manufacturer uses symbols or numbers to identify the order or the purchased item, no rights regarding the specification of the purchased item or the scope of delivery can be derived solely from this.

Transfer of risk

(1) The risk of accidental loss or accidental deterioration of
The item passes to the buyer upon its handover.
(2) In the event that the buyer is not a consumer, the risk passes to the buyer upon delivery.
Dispatch of the item to the buyer occurs when the item is sent to the
The goods are handed over to the person carrying out the transport, or when the goods are handed over for the purpose of
Shipment has left the seller's warehouse.

Liability for material defects

(1) The limitation period for claims relating to defects in goods shall be 1 year for newly manufactured goods and six months from the date of invoice for used goods (AT parts).
(2) The buyer's claims for rectification of defects are primarily limited to a claim for subsequent performance, i.e., a claim for repair or replacement. If repair or replacement fails, the buyer may demand a reduction in price or withdraw from the contract. The repair
The contract is considered unsuccessful if and to the extent that a deadline set for us to remedy the defect has expired without result. The conditions for exercising the right of withdrawal are governed by Section 323 of the German Civil Code (BGB).
(3) We are liable in accordance with the statutory provisions, provided the buyer
Claims for damages based on fraud, intent, or gross negligence, including fraud, intent, or gross negligence on the part of our representatives or agents, are excluded. Unless we are accused of intentional breach of contract, liability is limited to foreseeable, typically occurring damages. If the claim for damages is based on a culpably omitted defect rectification, the amount of the claim for installation and removal costs is limited to the corresponding rates in the DAT/Schwacke list. Otherwise, liability for damages is excluded; in particular, we are not liable in this respect.
for damages that did not occur to the delivered item, unless they involve injury to life, body and/or health.
(4) In the event of rectification, we are obliged to make all necessary repairs to the extent required for the purpose of
The buyer shall bear the expenses necessary for remedying defects, in particular transport, travel, labor, and material costs. This applies to non-consumers only insofar as the costs are not increased by the fact that the purchased item was moved to a location other than the place of performance.
(5) The buyer must assert any claims for rectification of defects against us.
(6) In the event of a defect resulting from faulty assembly instructions, our liability for material defects applies only if the assembly or installation of the sold item was otherwise carried out professionally. The buyer must demonstrate and prove that the installation was carried out professionally. The same applies to any modifications made to the goods by the buyer without our consent.

Entrepreneurial recourse

(1) If the buyer resells the item to a consumer in the course of his business and has to take back the item or reduce the purchase price as a result of its defectiveness, the
Buyers can assert their warranty claims against us without setting a deadline.
(2) The buyer may also claim reimbursement of expenses incurred in relation to the consumer if the defect claimed by the consumer was already present when the risk passed to the buyer.
Expenses include, in particular, transport, travel, labor and material costs.
(3) The buyer shall not be entitled to compensation under this entrepreneurial recourse.

Retention of title

(1) The goods shall remain our property until all claims due to the seller under the purchase agreement have been settled. If the buyer is a
As a merchant within the meaning of the German Commercial Code (HGB), we retain ownership of all delivered goods until receipt of all payments arising from the business relationship.
(2) The buyer is entitled to resell the delivered goods in the ordinary course of business; however, the buyer hereby assigns to us all claims in the amount of the final invoice total of the purchase price owed by the buyer (including VAT) that arise from the resale against its customers or third parties, regardless of whether the delivered goods were resold as is or after processing. The buyer remains authorized to collect these claims even after the assignment. Our right to collect the claims ourselves remains unaffected.
unaffected. We commit ourselves not to collect the receivables ourselves.
Provided the buyer fulfills their payment obligations in accordance with the contract and no application for the opening of insolvency proceedings has been filed. If either of the latter circumstances occurs, the buyer must, at our request, provide the insolvency administrator with all information necessary for the collection of the assigned claim and hand over the relevant documents.
and to notify the debtors (third parties) concerned of the assignment.
(3) If the value of our collateral exceeds the secured claims by more than 20%, we are obligated to release the excess collateral at the buyer's request. The selection of the collateral to be released is at our discretion.

Place of jurisdiction - place of performance

(1) The place of performance is the location of our registered office.
(2) If the buyer is a merchant as defined by the German Commercial Code (HGB), a legal entity under public law, or a special fund under public law, the place of jurisdiction is our registered office (Heidenau). However, we are also entitled to bring legal action against the buyer at their place of residence.

Privacy Policy

Basics
This privacy policy is intended to inform users of this website about the nature, scope and purpose of the collection and use of personal data by the website operator A&K Fahrzeugteile Heidenau GmbH.

The website operator takes your privacy very seriously and treats your personal data confidentially and in accordance with legal regulations. Because new technologies and the ongoing development of this website may lead to changes in this privacy policy, we recommend that you review it periodically.

Definitions of the terms used (e.g. “personal data” or “processing”) can be found in Article 4 of the GDPR.

Your data will be encrypted for the duration of the storage period.

Access data
We, the website operator/provider, collect data about website access based on our legitimate interest (see Art. 6 para. 1 lit. f. GDPR) and store this data as "server log files" on the website's server. The following data is logged:
  • Visited website
  • Time of access
  • Amount of data sent in bytes
  • Source/referrer from which you accessed this page
  • Browser used
  • Operating system used
  • IP address used
Server log files are stored for a maximum of 7 days and then deleted. This data is stored for security reasons, for example, to investigate cases of misuse. If data needs to be retained as evidence, it will be excluded from deletion until the incident is fully resolved.

Audience measurement & cookies
This website uses cookies for pseudonymized audience measurement, which are transferred to the user's browser either from our server or a third-party server. Cookies are small files that are stored on your device. Your browser accesses these files. The use of cookies improves the user-friendliness and security of this website.

If you do not want cookies for audience measurement to be stored on your device, you can object to the use of these files here:

Cookie opt-out page of the Network Advertising Initiative: http://optout.networkadvertising.org/?c=1#!/
Cookie opt-out page of the US website: http://optout.aboutads.info/?c=2#!/
Cookie opt-out page of the European website: http://optout.networkadvertising.org/?c=1#!/
Most browsers offer the option to disable cookies. Please note: Disabling cookies may prevent you from accessing all features of this website without limitations.

Collection and processing of personal data

The website operator collects, uses and shares your personal data only if this is permitted by law or if you consent to the data collection.

Personal data includes all information that can be used to identify you and that can be traced back to you – for example, your name, email address and telephone number.

You can visit this website without providing any personal information. However, to improve our online services, we store your access data to this website (without any personal reference). This access data includes, for example, the file you requested or the name of your internet provider. Due to the anonymization of the data, it is impossible to identify you personally. We process personal data such as first name, last name, IP address, email address, city, postal code, and information from the contact form, only with the explicit permission of the users concerned and in compliance with applicable data protection regulations. The processing of personal data is based on our legitimate interest in fulfilling our contractual obligations and optimizing our online services.

Handling of contact data

When you contact us as the website operator using the provided contact options, your information will be stored so that we can process and respond to your inquiry. This data will not be shared with third parties without your consent.

Handling comments and posts

If you leave a post or comment on this website, your IP address will be stored. This is done based on our legitimate interests within the meaning of Art. 6 para. 1 lit. f GDPR and serves our security as website operator: Should your comment violate applicable law, we could be held liable, which is why we have a legitimate interest in knowing the identity of the comment or post author.

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA), based on our legitimate interests in optimizing and analyzing our online services in accordance with Article 6(1)(f) of the GDPR. Google Analytics uses cookies – text files that are stored on your device. The information generated by the cookie is generally transmitted to and stored on a Google server in the United States.

Google LLC complies with European data protection law and is certified under the Privacy Shield agreement: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

This website uses IP anonymization. Within the member states of the EU and the European Economic Area, and in other contracting states of the agreement, the IP address of users is shortened. Only in exceptional cases is the full IP address initially transmitted to a Google server in the USA and shortened there. This shortening removes the personal reference from your IP address. The user's IP address transmitted by the browser is not combined with other data stored by Google.

Under the terms of the data processing agreement we, as website operators, have concluded with Google Inc., Google uses the collected information to create an evaluation of website usage and website activity and provides services related to internet usage.

The data collected by Google on our behalf is used to evaluate the use of our online services by individual users, e.g. to create reports on website activity in order to improve our online services.

You have the option to prevent cookies from being stored on your device by adjusting your browser settings accordingly. However, if your browser does not allow cookies, we cannot guarantee that you will be able to access all the functions of this website without restrictions.

Furthermore, you can prevent the information collected by cookies (including your IP address) from being sent to and used by Google Inc. by installing a browser plugin. The following link will take you to the relevant plugin: https://tools.google.com/dlpage/gaoptout?hl=de

Alternatively, you can prevent Google Analytics from collecting data about you on this website by clicking this link (IMPORTANT: Insert opt-out link). Clicking the link above will download an "opt-out cookie." Your browser must therefore be configured to allow cookies. If you regularly delete your cookies, you will need to click the link again each time you visit this website.

Here you can find further information on data usage by Google Inc.:

https://policies.google.com/privacy/partners?hl=de (Data collected by Google partners)
https://adssettings.google.de/authenticated (Settings for the advertising you see)
https://policies.google.com/technologies/ads?hl=de (Use of cookies in advertisements)

Use of social media plugins from Facebook

Based on our legitimate interest in analyzing, optimizing, and operating our online services (within the meaning of Article 6(1)(f) GDPR), this website uses the Facebook social plugin, which is operated by Facebook Inc. (1 Hacker Way, Menlo Park, California 94025, USA). The plugins are recognizable by the Facebook logo or the terms "Like," "Share," or "Recommend" in Facebook's colors (blue and white). Information about all Facebook plugins can be found via the following link: https://developers.facebook.com/docs/plugins/

Facebook Inc. complies with European data protection law and is certified under the Privacy Shield agreement: https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active

The plugin establishes a direct connection between your browser and Facebook's servers. The website operator has no control over the nature and scope of the data that the plugin transmits to Facebook Inc.'s servers. You can find more information here: https://www.facebook.com/help/186325668085084

The plugin informs Facebook Inc. that you, as a user, have visited this website. It is possible that your IP address will be stored. If you are logged into your Facebook account while visiting this website, the aforementioned information will be linked to it.

If you use the plugin's features – for example, by sharing or "liking" a post – the corresponding information will also be transmitted to Facebook Inc.

If you wish to prevent Facebook, Inc. from linking this data to your Facebook account, please log out of Facebook before visiting this website and delete any stored cookies. You can adjust further data processing settings for advertising purposes or object to the use of your data for advertising purposes via your Facebook profile. You can access these settings here:

Cookie opt-out page of the US website: http://optout.aboutads.info/?c=2#!/
Cookie opt-out page of the European website: http://optout.networkadvertising.org/?c=1#!/

You can find information about what data Facebook collects, uses, and processes, for what purpose, and to what extent, as well as your rights and settings options for protecting your privacy, in Facebook's Data Policy. You can find it here: https://www.facebook.com/about/privacy/

Newsletter subscription

The website operator offers a newsletter to keep you informed about current events and offers. To subscribe, you must provide a valid email address or fax number. By subscribing, you agree to receive the newsletter and to the procedures described.

The newsletter is sent by A&K Fahrzeugteile Heidenau GmbH.

Cancellation and termination: You can revoke your consent to receive the newsletter at any time and thus cancel your newsletter subscription. After cancellation, your personal data will be deleted. Your consent to receive the newsletter will also expire. You will find the cancellation link at the end of each newsletter.

Our newsletters contain information about industry-specific trade fairs, exhibitions, and training courses in the bus sector. They also include an overview of specialized spare parts and accessories for the bus industry. Newsletter data is stored anonymously at A&K Fahrzeugteile Heidenau GmbH and is not shared with third parties, for example, for statistical surveys or analyses.

User rights

As a user, you have the right to request, free of charge, information about what personal data concerning you has been stored. You also have the right to rectification of inaccurate data and to restriction of processing or erasure of your personal data. Where applicable, you can also exercise your right to data portability. If you believe that your data has been processed unlawfully, you can lodge a complaint with the competent supervisory authority.

Deletion of data

Unless your request conflicts with a legal obligation to retain data (e.g., data retention laws), you have the right to have your data deleted. Data stored by us will be deleted if it is no longer needed for its intended purpose and there are no legal retention periods. If deletion is not possible because the data is required for legitimate legal purposes, data processing will be restricted. In this case, the data will be blocked and not processed for any other purpose.

Right to object
Users of this website can exercise their right to object and object to the processing of their personal data at any time.

If you wish to correct, block, delete or obtain information about the personal data stored about you, or if you have questions regarding the collection, processing or use of your personal data, or wish to revoke any consent you have given, please contact the following email address: info@busfachhandel.de