Terms and conditions

The terms and conditions set out below form part of the contract: The client’s terms and conditions are invalid. These terms and conditions are also applicable to the following deliveries on the basis of written or verbal orders.

1) Price: A charge for an increase in work costs, materials costs and VAT occurring after signing of the contract will be forwarded in the same amount to the client if the delivery is supposed to take place more than 4 months after signing of the contract. In the event of a price increase in excess of 5 % the client can withdraw from the contract.

2) Freight, packaging, pallets: All freight costs for transport to the client shall be borne by the client, unless other arrangements have been made. Packaging shall be charged at cost price. Pallets shall be charged according to custom and practice and shall be credited, less handling and wear and tear costs, upon their return to the delivering RS Trading Company. Claims for loss or damage during transportation are to be made by the client to the haulage contractor and must be certified before receipt of the goods.

3) If on-site delivery has been agreed, then this is predicated on the access road and building site being accessible for a truck of at least 20t. Unloading is to be carried out by the client and is at the client’s risk. In the event of delivery by mobile crane the usual unloading charges shall be levied. Additional costs due to deficient readiness for acceptance at the delivery point shall be borne by the client.

4) Delivery deadline: Events of any kind for which RS Trading is not responsible (cessation of work, operational breakdowns, delivery impediments, etc.) release RS Trading from their delivery obligation for the duration of the impediment. Should RS Trading enter into a congruent deal for a consumer’s order, then we reserve the right to timely self delivery if delivery to RS Trading does not occur for reasons for which it is not responsible. The right to timely self delivery is generally reserved with respect to companies and corporate bodies under public law.

5) Guarantee, statute of limitations: If the purchaser is a company or a corporate body under public law, it can demand rectification of a deficiency as supplementary performance. Should this fail, its rights shall be determined in accordance with § 437 no. 2 and 3 of the German Civil Code; supplementary delivery is precluded. Claims in respect of deficiencies are precluded in the event of the sale of used moveable properties to companies or to corporate bodies under public law. In the case of the sale of new moveable properties to companies and in the event of the sale of such used items to consumers, claims in respect of deficiencies shall be subject to the statute of limitations after one year. § 438 Subparagraph. 1 No. 2 of the German Civil Code remains unaffected. In the event of defects discovered during the warranty period, the warranty extends to free delivery of replacement parts. The seller is only liable for damage incurred by the delivery item itself.

6) Notice of defects: Notice of defects must be made in writing. Notification of obvious defects must be submitted within 14 days of handover of goods, as guarantee claims would otherwise be forfeited. Timely despatch of notice of defects shall be sufficient to meet the deadline. § 377 of the German Code of Commercial Law remains unaffected. In the case of transported concrete deliveries the client must – immediately, and even before unloading – notify RS Trading by telephone of any obvious defects. Discrepancies in the delivered as opposed to the ordered quality, which are evident from the delivery docket, constitute evident defects. Goods with evident defects may not be installed or connected to or mixed with moveable objects.

7) Liability: In the event of premeditation and gross negligence RS Trading shall be fully liable in accordance with legal provisions. In the event of damages arising from injuries to life, limb, health, the Product Liability Act or from essential contractual obligations, RS Trading shall furthermore already be liable for any negligence. RS Trading does not bear any liability in excess of that mentioned above.

8) Payments are to be made immediately upon delivery of goods without any deduction, unless otherwise agreed.

9) Returns require the agreement of RS Trading. Only fault-free, generally useable goods can be credited upon freight-paid return to the supplier and presentation of invoice, less a handling flat fee of at least 15 % of its value.

10) Duty to preserve records: If a client receives company services or other services in conjunction with a property, and if the client is not a contractor or uses said services for its non-entrepreneurial area, the client is obligated under § 14 b Subparagraph 1 Part 5 of the German Value Added Tax Act to preserve the relevant invoices until the end of the year after the subsequent year.

11) Delivery date: Unless otherwise indicated, the delivery date shall constitute the invoicing date.

12) Assignment, offsetting: The client shall not be permitted to assign rights to third parties without the agreement of RS Trading GmbH. The client shall only be entitled to offset against claims for payment by RS Trading GmbH if the client’s outstanding account is uncontested or has been determined without further legal recourse.

13) Construction and work: If construction and work services are to be performed, then the provisions of the German Construction Contract Procedures (VOB / B) shall be applicable in respect of same.

14) The place of performance for mutual services is the headquarters of RS Trading commercial premises, which shall provide the services.

15) Fitting: Unless otherwise agreed, erection and fitting, e.g. of devices and machinery, are not included in the price.

16) Data protection: Personal data shall be stored in accordance with § 28 of the Federal German Data Protection Act and, if necessary for the purposes of credit checks and monitoring, forwarded to creditworthiness agencies.

17.1 Retention of title: RS Trading retains title to its property until complete fulfilment of the contract, in dealings with companies until payment of all outstanding accounts already arising out of the business association and ancillary outstanding accounts (interest on use, damages due to delay, etc.) still arising in close association with the delivered goods. The addition of individual items to an open account as well as balancing the account and the acceptance of the same shall not affect the retention of title. In the event of delayed payment by the client, RS Trading shall be entitled to repossess the goods subject to retention of title following a request for payment, and the client is obligated to release said goods.

17.2.
The client shall only be entitled to resell, use or install the goods subject to retention of title as part of normal, correct commercial transactions and only with the proviso that outstanding accounts are actually paid to TS Trading. The client shall not be entitled to any other disposal of the goods subject to retention of title, especially pledging or assignment as security.

17.3.
Upon cessation of payment, application for or opening of insolvency proceedings or implementation of extrajudicial mediation with creditors with regard to settlement of debts (§ 305 I no. 1. of German Insolvency Regulations), the right of resale, use or installation of the goods subject to retention of title and entitlement to collect assigned accounts shall be terminated.

Imprint

According to § 5 TMG

RS Trading GmbH

Luitpoldstrasse 4
85276 Pfaffenhofen

Phone: +49 8441 405370
Fax: +49 8441 4053777
E-Mail: info@rs-trading-gmbh.com

RS Trading GmbH is represented by Richard Sandbichler jr.
Register and Register number: Handelsregister HRB 190.619

VAT ID:
DE 182185700

Responsible for the content:
Richard Sandbichler jr.

Privacy Policy

1) Information on the collection of personal data and contact details for the responsible persons
1.1 Thank you for visiting our website and showing interest in our products. The following provides information about the way in which we handle your personal data when you use our website. Personal data are all the data with which you can be personally identified.
1.2 The body responsible for data processing on this website within the meaning of the General Data Protection Regulation (GDPR) is RS Trading GmbH, Luitpoldstraße 4, 85276 Pfaffenhofen an der Ilm, Germany, tel. +49 (0) 8441/40537-0, email: info@rs-trading-gmbh.com. The person responsible for the processing of personal data is that natural or legal person who, alone or jointly with others, determines the purposes and means of processing personal data.
1.3 The body responsible for this website has appointed a data protection officer, whose contact details are as follows: Richard Sandbichler jr., Luitpoldstraße 4, 85276 Pfaffenhofen an der Ilm, tel. +49 (0) 8441/40 53 70, email: info@rs-trading-gmbh.com (Note: in accordance with Art. 37 para. 1 GDPR and Section 38 BDSG (German Data Protection Act) – new, RS Trading GmbH is not obliged to appoint a data protection officer.)
1.4 For security reasons and to protect the transfer of personal data and other confidential content (e.g. orders or requests to the responsible persons) this website uses SSL/TLS encryption. You can recognise an encrypted connection from the character string https:// and the lock symbol in your browser line.
2) Data collection when you visit our website
If you use our website purely to obtain information, without registering for the newsletter or making a request for contact, we only collect that data which your browser transfers to our server; so-called log files. When you call up our server we collect the following data, which are technically necessary to display our website:
• our website visited by you
• date and time of access
• volume of data transmitted in bytes
• source/link from which you entered the site
• browser used
• operating system used
• IP address used, in anonymised form if appropriate
Processing is carried out in accordance with Art. 6 para. 1 f) GDPR, based on our legitimate interest in improving the stability and functionality of our website. The data used shall not be passed on to third parties or used in any other way. However we reserve the right to check the server log files subsequently should it be indicated that there is any concrete evidence of illegal use.
3) Cookies
In order to make a visit to our website more attractive, and to enable the use of certain functions, we use so-called “cookies” on certain pages. Cookies are small text files that are stored on your device. Some of these cookies, known as session cookies, are deleted at the end of the browser session; that is, after your browser is closed. Other cookies remain stored on your device and enable us or our partner companies (third-party cookies) to recognise your device when you next visit (persistent cookies). If cookies are used, they collect and process certain user information such as browser and location data, and IP address values, to an individual extent. Persistent cookies are automatically deleted after a pre-defined period, which may differ according to the cookie.
Insofar as the cookies we implement also process personal data, this processing takes place in accordance with Art. 6 para. 1 f) GDPR to safeguard our legitimate interests in obtaining the best possible functionality of the website, as well as to provide a customer friendly and effective design for visits to the site.
We may work with advertising partners who help us to design our internet offering so as to make it more interesting to you. For this purpose, cookies shall in this case be stored on your hard disk by partner companies (third-party cookies) when you visit our website. When we work with the above-mentioned advertising partners, you shall be informed individually and separately about the use of such cookies and the extent of the information collected in each case in the next paragraphs.
Please note that you can change your browser settings to notify you when cookies are set and you can decide whether to accept cookies on an individual basis or exclude their acceptance in certain cases or in general. Every browser determines the way in which it manages cookie settings. This is described in the Help menu of every browser, which also explains how you can change your cookie settings. You can find this information under the following links for the respective browser:
Internet Explorer: windows.microsoft.com/de-DE/windows-vista/Block-or-allow-cookies (http://windows.microsoft.com/de-DE/windows-vista/Block-or-allow-cookies)
Firefox: support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen (https://support.mozilla.org/de/kb/cookies-erlauben-und-ablehnen)
Chrome: support.google.com/chrome/bin/answer.py (http://support.google.com/chrome/bin/answer.py?hl=de&hlrm=en&answer=95647)
Safari: support.apple.com/kb/ph21411 (https://support.apple.com/kb/ph21411?locale=de_DE)
Opera: help.opera.com/Windows/10.20/de/cookies.html (http://help.opera.com/Windows/10.20/de/cookies.html)
Please note that if you do not accept cookies the functionality of our website may be restricted.
4) Making contact
When you make contact with us, e.g. using the contact form or by email, personal data is collected. The type of data that is collected in the case of a contact form is apparent from the respective contact form. These data shall only be stored and used for the purpose of answering your request or for contacting you and the associated technical administration. The legal basis for processing this data is our legitimate interest in processing your request in accordance with Art. 6 para. 1 f) GDPR. If the aim of your contacting us is to conclude a contract, this is an additional legal basis for data processing in accordance with Art. 6 para. 1 b) GDPR. Your data shall be deleted following final processing of your request. This is the case if it can be concluded from the circumstances that the issue has been resolved, and provided no statutory requirement for retention prevents this.
5) Use of your data for direct advertising
5.1 Registration for our email newsletter
If you register to receive our email newsletter, we shall send you regular information on new products from RS Trading GmbH or news on the topic of fertiliser mixers. Mandatory details required for us to send these newsletters are your name and your email address. You provide these details solely to enable us to address you personally. We use the “double opt-in” procedure to send newsletters. This means that we only send you our monthly newsletter if you give your express consent. If you click, you receive the newsletter! By clicking on the button you give us your consent to use your personal data in accordance with Art. 6 para. 1 a) GDPR. When you register for the newsletter, we save your IP address as listed by the internet service provider (ISP), as well as the date and time of registration, in order to allow us to recognise any possible misuse of your email address at a later time. Data collected by us when you register for the newsletter shall be used solely for the purpose of providing advertising messages by means of the newsletter. You may cancel the newsletter at any time using the link provided for this in the newsletter or by sending a message to this effect to the responsible person named above. After you have successfully unsubscribed, your email address shall immediately be deleted from our newsletter distribution list, provided that you have not expressly agreed to any other use of your data or we have not reserved the right to any further use of your data which is permitted by law and about which we have informed you in this declaration.
5.2 Advertising by post
Based on our legitimate interest in personalised direct advertising, we reserve the right to store your first name(s) and surname, your postal address and – provided that we have received this additional information in the course of our contractual relationship with you – your title, academic degree and professional, industry or business name in accordance with Art. 6 para. 1 f) GDPR, and to use these to send interesting offers and information on our products by post. You may withdraw consent for the storage and use of your data for this purpose at any time by sending a message to this effect to the responsible person.
6) Use of social media: videos
Use of YouTube videos
This website uses the YouTube embedding function to display and play back videos provided by YouTube, which belongs to Google LLC., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (Google).
In the process this uses the extended data protection mode which, according to information from the provider, initiates storage of user data only when a video is played back. When playback of an embedded YouTube video is started, the provider applies YouTube cookies in order to collect information on user behaviour. According to YouTube the purpose of these, among other things, is to collect video statistics, to improve user friendliness and to stop abusive behaviour. If you are logged into Google, you data are associated directly with your account when you click on a video. If you do not want this association to be made with your YouTube profile, you must log out before activating the button. Google stores your profile (even for users who are not logged in) as a user profile and analyses it. Such an analysis is made particularly in accordance with Art. 6 para. 1 f) GDPR based on Google’s legitimate interest in inserting personalised advertising and market research, and/or the demand-based design of its website. You have the right to object to the creation of this user profile, which you must exercise by contacting YouTube.
Independently from playback of embedded videos, a connection to the Google Double-Click network is established each time this website is called up; this may, without our influence, trigger further data processing operations
Google LLC, based in the USA, is certified for the US-European Privacy Shield data protection convention, which guarantees compliance with data protection levels valid in the EU.
You can find further information on data protection at YouTube in the provider’s privacy policy under: www.policies.google.com/privacy/ (https://policies.google.com/privacy/).
7) Web analysis service
We currently do not use any web analysis service for statistical analysis of user behaviour for optimisation and marketing purposes in accordance with Art. 6 para. 1 f) GDPR. If this should change, information shall be provided here.
8) Tools and miscellaneous
8.1 Google reCAPTCHA
The reCAPTCHA function provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (Google) is used on this website. The purpose of this function is primarily to determine whether an entry has been made by a natural person or improperly by automated mechanical processing. The service involves sending the IP address and, if necessary, further data required by Google for the reCAPTCHA service to Google, and this is carried out in accordance with Art. 6 para. 1 f) GDPR based on our legitimate interest in determining whether an individual intends to perform activities in the internet, and to prevent misuse and spam.
Google LLC, based in the USA, is certified for the US-European Privacy Shield data protection convention, which guarantees compliance with data protection levels valid in the EU.
You can find further information on Google reCAPTCHA as well as the Google Privacy Policy, under: www.policies.google.com/privacy/ (https://policies.google.com/privacy/).
8.2 Google Maps
We use Google Maps (API) provided by Google LLC., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (Google) on our website. Google Maps is a web service which displays interactive maps in order to display geographic information visually. Our location is depicted using this service, making it easier to find the way to our site.
As soon as you call up any sub-page into which a map from Google Maps is integrated, information about your use of our website, e.g. your IP address, is transmitted to Google in the USA and stored there. This happens regardless of whether Google supplies a user account over which you are logged in or whether no user account exists. If you are logged into Google, your data is associated directly to your account. If you do not want this association with your Google profile to be made, you must log out before activating the button. Google stores your data (even for users who are not logged in) as a user profile and analyses them. Such analysis is made particularly in accordance with Art. 6 para. 1. f) GDPR based on Google’s legitimate interest in inserting personalised advertising and market research, and/or the demand-based design of its website. You have the right to object to the creation of this user profile, which you must exercise by contacting Google.
Google LLC, based in the USA, is certified for the US-European Privacy Shield data protection convention, which guarantees compliance with data protection levels valid in the EU.
If you do not agree with the transmission of your data to Google in the future when using Google Maps, you also have the option of deactivating the Google Maps service entirely, by switching off the JavaScript application in your browser. Google Maps, and the map display on this website, cannot then be used.
You can view Google’s Terms of Service under www.google.com/intl/en/policies/terms/archive/20070416/ (https://www.google.com/intl/en/policies/terms/archive/20070416/); the additional terms for Google Maps can be found under www.maps.google.com/help/terms_maps.html (https://maps.google.com/help/terms_maps.html).
You can find detailed information on data protection in connection with the use of Google Maps on the Google privacy policy page of the Google website: www.policies.google.com/privacy/ (https://policies.google.com/privacy/).
8.3 Google Web Fonts
To ensure the uniform presentation of fonts, this site uses so-called web fonts, provided by Google LLC., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (Google). When you call up a page, your browser loads the appropriate web fonts in your browser cache in order to display text and fonts correctly.
For this purpose, the browser you use must establish a connection with the Google server. Through this, Google acquires knowledge that our website was called up by your IP address. Google web fonts are used with a view to providing a uniform, attractive presentation of our online offering. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 f) GDPR. If your browser does not support web fonts, your computer’s standard fonts are used.
Google LLC, based in the USA, is certified for the US-European Privacy Shield data protection convention, which guarantees compliance with data protection levels valid in the EU.
You can find further information on Google web fonts under developers.google.com/fonts/faq (https://developers.google.com/fonts/faq) and in the Google privacy policy: www.google.com/policies/privacy/ (https://www.google.com/policies/privacy/).
9) Rights of affected parties
9.1 The valid data protection law grants you, as the person affected, extensive rights (rights of access and intervention) towards the responsible parties with regard to the processing of your personal data, about which we inform you below:
• Right of access in accordance with Art. 15 GDPR: you have in particular a right of access to personal data concerning you which we have processed: the purpose of processing; the categories of personal data processed; the recipients or categories of recipient to whom your data have been or will be disclosed; the envisaged period for which the data will be stored, or if not possible the criteria used to determine that period; the existence of a right to request rectification, erasure or restriction of processing or objection against processing; to lodge a complaint with a supervisory authority; information on the source of your data if they were not collected by us from you; the existence of automated decision-making including profiling and, if necessary, meaningful information about the logic involved as well as the significance and envisaged consequences of such processing; and the right to information on the appropriate safeguards in accordance with Art. 46 GDPR when your data is transferred to a third country;
• Right to rectification in accordance with Art. 16 GDPR: you have the right to rectification of inaccurate personal data concerning you without delay and/or to completion of incomplete data held by us;
• Right to erasure in accordance with Art. 17 GDPR: you have the right to request the erasure of your personal data under the requirements of Art. 17 para. 1 GDPR, provided the accuracy of your data that you have disputed has been verified, if you refuse erasure of your data due to unauthorised data processing and instead request that processing of your data be restricted; if you need your data for the establishment, exercise or defence of legal claims once we no longer need these data for the purpose for which they were collected; or if you lodge an objection due to your particular situation, provided it is not yet certain whether our legitimate reasons prevail;
• Right to information in accordance with Art. 19 GDPR: if you have enforced the right to rectification, erasure or restriction of processing towards the responsible parties, these parties are obliged to inform all recipients to whom the personal data concerning you has been disclosed of the rectification or erasure of these data or the restriction of processing, unless this proves impossible or involves disproportionate effort. You have the right to be informed about these recipients;
• Right to data portability in accordance with Art. 20 GDPR: you have the right to receive the personal data concerning you which you provided to us in a structured, commonly-used and machine-readable format, or to request the transfer of these data to another responsible person provided this is technically possible;
• Right to withdraw consent in accordance with Art. 7 para. 3 GDPR: you have the right to withdraw consent previously given to processing of your data at any time with effect for the future. If consent is withdrawn, the data concerned shall be erased without delay, provided that no legal reasons exist for further processing without consent. If consent is withdrawn, the legality of processing carried out up to the time consent is withdrawn shall not be affected;
• Right to lodge a complaint in accordance with Art. 77 GDPR: if you consider that the processing of personal data concerning you infringes the GDPR, you have the right – without prejudice to any other administrative or legal remedy – to lodge a complaint with a supervisory authority, in particular in the member state of your habitual residence, your place of work or the place of the alleged infringement.
9.2 Right of objection
When we process your personal data on the basis of balancing interests by reason of our predominantly legitimate interests, you have the right at any time, for reasons relating to your particular situation, to lodge an objection against this processing with effect for the future.
If you make use of your right to objection, we shall cease to process the data concerned. We shall, however, reserve the right to further processing if we can prove compelling legitimate reasons for processing which outweigh your interests, fundamental rights and fundamental freedoms, or if this processing serves to establish, exercise or defend legal claims.
If your personal data has been processed by us for direct advertising, you have the right at any time to lodge an objection to the processing of personal data concerning you for the purpose of such advertising. You may exercise your right to objection as described above. If you make use of your right to objection, we shall cease processing the data concerned for the purpose of direct advertising.
10) Duration of retention of personal data
The duration of retention of personal data is determined by the respective legal retention period, e.g. retention periods according to commercial and tax law. Upon expiry of the retention period the data concerned shall be routinely erased, provided it is no longer necessary for the performance or initiation of a contract and/or no legitimate interest in retention continues to exist on our part.