Courage + Khazaka electronic GmbH

Imprint/Data Protection Statement/GTC

COURAGE+KHAZAKA electronic GmbH

 

Mathias-Brüggen-Str. 91

50829 Köln/Cologne - Germany

Phone: ++ 49-221-956499-0

Fax: ++49-221-956499-1

E-Mail: This email address is being protected from spambots. You need JavaScript enabled to view it.


Marke Koeln Kommunikationsmuster RGB


General Terms and Conditions: pdf

General Terms and Conditions: click for full text

Data Protection Statement: pdf

Data protection statement: click for full text


Managing Directors: Prof. h.c. Dipl.-Kfm. Gabriel Khazaka, Dipl.-Kffr. Diana Khazaka, Dipl.-Ök. Georg Khazaka

 

Court of Jurisdiction: District Court Cologne

Commercial Register: Cologne HRB-No. 16337

Value Added Tax No. (VAT): DE 123476360

We accept Visa and Master cards for payment

Visamaster

Responsible for the contents according to § 6 MDStV: Beate Becker & Diana Khazaka

Liability Note:
In spite of thorough checking of the external links we do not take over liability for the contents of external links. The contents of external links are only in the responsibility of the corresponding companies.

Photos:
Most photos on our website have been taken by Geza Aschoff.
www.aschoffotografie.de/fotograf-in-bonn

Realization: Bastian Campmann; Bauer plus Bauer Mediengestaltung  www.bauerplusbauer.de









General Terms & Conditions


The following is an English translation. In all cases of dispute or disagreement, the original German version shall apply.

 

1. General

The following terms and conditions shall apply to all orders or agreements. They are deemed to have been accepted by the placing of an order or acceptance of delivery. All terms and conditions of the purchase even when not specifically rejected are considered invalid except where they have been explicitly confirmed by us in writing. Should no comment be received by us as to our terms and conditions these will be deemed to have been accepted. Verbally agreed alterations and explanations are only valid when confirmed in writing. For all agreements German law shall apply.

 

2. Validity of agreement

2.1 The following terms shall apply exclusively for all deliveries and services provided, even though we may not refer specifically to these in the future. At the latest on acceptance of delivery the purchaser will be considered to have accepted the validity of these terms and conditions, even though he may have purchased according to his own terms and conditions. Our quotations and offers are without obligations. A contract exists only when the acceptance of the order is confirmed in writing.

 

2.2 If delivery is made before the purchaser has received a confirmation of order then a contract will have been deemed to have been created by the acceptance of the delivery.

 

2.3 Information contained in leaflets or similar documents and data provided in or with a quotation or offer such as pictures drawings descriptions dimensions weights performance or test data are to be deemed only as indications except where explicitly confirmed as binding. We reserve the right to make technical and design alterations.

 

2.4 All cost estimates, proposals and drawings and any other information remains our property and may not be released to third parties except where this is needed to obtain an order. All drawings and other documentation accompanying quotations or offers shall be returned to us on demand should an order or contract not exist.

 

2.5 Exportation of our goods in other countries than the country of delivery is only permitted with prior consent by the seller.

 

3. Prices and payment

3.1 Prices are without obligation. They are given excluding value added tax or other sales taxes and are ex our works inclusive of any packaging. Where appropriate value added tax or sales tax will be added at the valid rate at the time of delivery. Trainings and installations are not included in the price and will have to be ordered separately.

 

3.2 Prices are based on cost factors ruling at the time the contract is agreed. We reserve the right to adjust prices appropriately where cost factors (materials, wages, utilities, taxes, statutory fees, etc.) change prior to shipment. Should the prices rise by more 20 % of the agreed prices, the purchaser is entitled to withdraw from the contract as soon as he gets the information. Unless otherwise specifically agreed invoices are payable net within 30 days from date of invoice.

 

3.3 Bills of exchange can only be accepted with our prior agreement. Acceptance of a bill of exchange of cheque does not infer that we have relinquished any rights of recourse. Any costs associated with these forms of payment are for the purchaser’s account.

 

3.4 Should the purchaser not make payment by due date we reserve the right without recourse to other rights to charge interests on any outstanding amounts at a rate of 5 percentage points for private consumers and 8 percentage points for companies above the ruling base interest rate.

 

3.5 Should the purchaser be late in payment or should a cheque or bill of exchange not be honoured or should other facts become known that indicate a worsening of his financial situation or should other reasons arise that cast doubt upon his ability or willingness to meet his obligations towards us then we reserve the right to demand immediate payment of all outstanding amounts, even when bills of exchange or cheques have already been accepted and for any goods ordered but not yet delivered to require payment in advance or without prejudice to other rights to withdraw from any agreements, subject to a reasonable period of notice. The purchaser can avoid the application of these clauses through the provision of acceptable security.

 

4. Delivery

4.1 Delivery dates have been given based on knowledge available to us at the time and are as accurate as we can make them. The delivery period begins with receipt of the confirmation of the order by the purchaser, subject to his having provided any documentation, permits, releases and payments on account as required in the terms of any agreement. In case of failure, incorrect or unpunctual self-delivery we shall be entitled to withdraw.

 

4.2 Should we be prevented from adhering to this delivery period through circumstances beyond our control (force majeure) that could not have been reasonably foreseen then the delivery period shall be increased appropriate to the conditions that have made this necessary, insofar as delivery can still be made. In such a case the purchaser is permitted to withdraw from the agreement subject to giving us a reasonable period of notice. Should the circumstances described make delivery impossible then we shall be released from any duties under the agreement.


 

5. Delivery, transfer or risk and acceptance

5.1 Delivery is ex works unless otherwise stipulated. We may make part deliveries if they are reasonable for the purchaser. We shall insure all goods up until arrival on the purchaser’s premises. The purchaser will pay insurance fees unless explicit written statement to renounce from insurance.

 

5.2 The purchaser is required to accept goods ready for delivery.

 

5.3 The purchaser bears all shipping costs.

 

5.4 Any claims for incorrect or incomplete delivery are excluded unless submitted in detailed and individual writing within one week from receipt of the goods at the nominated destination.

 

5.5 Any return deliveries to the sender’s expense are only permitted in exceptional cases and are subject to prior consent of the seller.

 

 

6. Title

6.1 Title to any goods remains with us until full payment. This applies for companies until settlement of all present claims and receivables arising from current business relationship (including clearance of any bills of exchange or cheques).

 

6.2 The purchaser may resell or process the goods within the scope of regular business operations. Any use of the retained goods as security or pledge may only be done with our express and prior approval.

 

6.3 Should the purchaser be in arrears with payment or should there be a deterioration of the purchaser’s financial situation, the seller is entitled to recover the good and to sell then on open market and to indicate the assignment to third-party debtors and to recover the claims ourselves if we withdrew from the contract. The purchaser undertakes to provide access to his property and to the goods for this purpose.

 

6.4 The purchaser has a duty to provide us on demand with information about the inventory of the goods and any liabilities that may exist in this respect. Should a third party seize the goods then the purchaser shall immediately inform us and provide reasonable assistance to us in obtaining our rights in particular to undertake legal remedies to obtain our rights and to bear the costs accordingly if the third party is not able to.

 

6.5 In the event that a repossession or other means of disposal of the good (sale on open market) becomes necessary due to non-payment by the purchaser then we have the right to receive a rental payment of normal commercial rate for the usage and holding period. In addition, any costs or losses through disposal of the goods shall be the liability of the purchaser. Rental fees and diminished proceeds may be reclaimed from any advance payments made by the purchaser.

 

6.6 The purchaser is required to insure the goods in accordance with the principles of a prudent businessman during the period where title remains with us and is responsible for any insurance claims due to destruction or damage to the goods.

 

6.7 Should the value recovered exceed the amount due to us by at least 20% then the purchaser has the right to claim release of relevant securities by choice of the seller.

 

7. Guarantee

7.1 The guarantee period for hardware shall be 2 years from date of delivery bill and 1 year for software based on the release date of current Windows® operating system with the associated updates and on computers matching our specific requirements. Any equipment may only be operated in accordance with our instructions, any other use is not permitted. Excluded from guarantee are any defects caused by the purchaser or a third party resulting from unusual external influences, humidity, heat or cold.

 

7.2 Any visible defects encountered during careful investigation have to be notified to the seller, at least within two weeks from receipt of the goods or immediately upon their being identified. The notification ought to be in writing and detailed.

 

7.3 The purchaser shall bear all shipping costs.

 

7.4 We reserve the right to repair or replace equipment where notification of faults is within the terms of our guarantee.

 

7.5 A right of exchange, conversion or reduction of price shall only exist if, in our opinion, repair or replacement is not possible or has not been successful.

 

7.6 Should the purchaser or any third party have carried out unauthorised repairs, any guarantee is invalid.

 

7.7 As far as legally permissible, any claims for damages against us or our employees are excluded especially for defects which have not occurred to the delivered good itself.

 

7.8 Guarantee becomes also invalid if the sales object is being used with third party products and parts that are not in accordance with the explicit supplier’s specifications in the user’s manual.

 

7.9 Any breach of contractual obligation invalidates the guarantee.

 

 

8. Particular obligations of the purchaser

8.1 Devices and software may only be operated in accordance with our user’s manual. Other usage or deployment of the devices are not permitted.

 

8.2 If the purchaser intends to resell to non-German speaking countries, he has to make sure to provide a professional translation of the user’s manual in the specific language.

 

8.3 The purchaser is responsible for import licences and authorisations to operate products outside the EU.

 

8.4 Damages to life, body or health occurred using our devices are to be reported immediately to the seller in writing.

 

9. Liability

9.1 In case of violation of obligations and tort, our liability is limited to intention and gross negligence.

 

9.2 Excluded from the limitation of liability are claims caused by damages to life, body or health as well as cardinal duties out of the contract whose breach jeopardises the achievement of the contractual obligations and reimbursement for damage caused by delay. Apart from these exceptions, we are fully liable.

 

9.3 If the damages do not result out of damages to life, body or health, our liability is limited to the reimbursement of the damages typically occurred. Compensation for consequential losses is therefore excluded.

 

9.4 The limitation of liability does also apply for slightly negligent breaches of duties of our vicarious agents.

 

10. Repairs

10.1 The purchaser should explicitly inform the seller if a cost estimate is needed for repairs for which the seller is not or no more legally bound (non-warranty or out-of-warranty repairs).

 

10.2 During repair works the seller executes services considered appropriate which are charged depending on the efforts required. This also applies for services and additional services that turn out to be relevant while carrying out the repair. The purchaser does not need to be informed for those repairs.

 

10.3 The purchaser will bear the shipping costs.

 

11. Rental agreements

During any rental period the customer shall insure any equipment against all risks on a new for old basis. The customer accepts liability for the rental equipment insofar as it is in his possession or in the possession of someone he has authorised and not merely for the period of the rental agreement. Any claims shall only have validity when all invoices have been paid in full or if claims were caused by damages to life, body, health or gross negligence.


 

12. Place of execution and court of jurisdiction

12.1 Cologne is the place of execution for any claims out of the contract between purchaser and seller. The same applies to liabilities on bills and checks.

 

12.2 For all matters arising out of this agreement between purchaser and supplier, the courts in Cologne, Germany, shall have jurisdiction irrespective of the reason for dispute insofar as legally admissible.

 

13. Data protection

We shall have the right to use any information received from the purchaser or from others under this agreement in accordance with the BDSG (German Federal Data Protection Act).

 

14. Severability Clause

In case any provision in this General Terms & Conditions shall be invalid, illegal or unenforceable the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties hereto shall negotiate in good faith to replace the provision so as to effect the original intent of the parties as closely as possible to the fullest extent permitted by applicable Law in an acceptable manner.

 








Data protection statement


The protection and security of personal data is given the highest priority at our company. That is the reason why we strictly follow the rules of the General Data Protection Regulation (GDPR). Please note that Internet based data transfer generally could have security implications. A comprehensive protection against access to the data by third parties is not feasible.

In the following you will be informed which kind of data are accessed and for which purpose they are gathered:

1. Transmission and recording of data

When you visit our website, our web server registers automatically log files which cannot be assigned to a specific person. Those data include for example browser type and version, used operating system, referrer URL (page visited before), the IP address of the requesting computer, date and time of server access as well as client’s file request (file name and URL). The data is collected for the purpose of statistical analysis only. No data will be given to any third party, whether for commercial or non-commercial purposes.

 

2. Cookies

On some of our pages we use so-called "Session-Cookies" to facilitate the usage of our websites. Those are small text files that are saved on your hard disk for the duration of your visit to our website and depending on your browser settings these files are deleted after you close your browser. These cookies do not retrieve saved data about yourself and do not compromise your PC or data. Most browsers are initially set up to accept cookies but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent.

 

 

3. Using personal data

Personal data are only used and processed on a voluntary basis if you give the information as part of a request or service form for example. All data are considered personal data that allow to determine and trace back to you – e.g. your name, your email address as well as phone number. If you get in contact with us via provided contact facilities, your data will be saved so that it can be used to process your request. We solely use your contact data to answer your request including a possible passing on to our agents in certain countries. In some cases, we might contact business customers later on. If you do not wish to be contacted, please inform us accordingly. Your data will not be given to any third party unless necessary due to legal provisions.

Unless necessary for reasons relating business transactions, you can withdraw your approval to recording your data at any time and immediately effective by writing (e.g. email or fax).

 

4. Newsletter

You may subscribe to our newsletter on our website. To make the newsletter, we use the tool Clever Elements (https://cleverelements.com).  To receive the newsletter you have to enter your email address. In addition, your IP address may be saved (for statistical purpose only). No other data will be collected or given to third parties. You may unsubscribe to the newsletter at any time.


 

5. Service software “Teamviewer”

When dealing with software problems, we offer the service to help you by accessing your computer via Teamviewer program to search for problems and to install software directly for example. The Teamviewer software will give you a password which will grant us access to your computer only for one single session. As soon as the session is over, we no longer have access to your machine.

 

6. Registration in the download area

We created a platform in our download area on our website where customers can download e.g. software, manuals and other information about products already purchased. Your email address will be needed for a registration in the download area. We will ask you by mail which device you have (including serial number) making sure that you are a customer. No data will be given to third parties without your approval.


7. Facebook 

Our website contains links to the social network Facebook to achieve greater recognition of our company on the basis of General Data Protection Regulation (DSGVO), article 6, paragraph 1, p. 1 lit. The underlying advertising purpose is to be considered as justified interest within the scope of DSGVO. Facebook is responsible for the operation in compliance with the privacy protection regulations.

Our website contains links to Facebook to personalise the usage. This is a service offered by Facebook. If you click on the Facebook icon on our website, your browser will establish a direct connection to the Facebook servers. The content of this plugin will be transferred directly from Facebook to your browser and consequently being integrated into the web page.

By integrating the plugins, Facebook obtains the information that your browser has called the relevant page of our web presence, even if you do not have a Facebook account or are not logged in. Your browser will sent this information (including your IP address) directly to a Facebook server in the US where it will be saved. When visiting our website whilst signed into your Facebook user account, information concerning your visit to our website will be directly assigned to your user account. Information arising from interaction with the Facebook plug-ins such as the “like” or “share” button, will directly be transferred and stored by Facebook. These information are as well visible for everybody on Facebook.

Facebook may use this information for purposes of advertising, market research and personalized design of Facebook pages. To this end, Facebook creates profiles of usage, interests and relationships, for example to assess your usage of our website regarding possible advertising shown to you within Facebook, to inform other Facebook users about your activities on our website and to render other services related with the usage of Facebook. If you do not wish Facebook to assign data collected via our website to your Facebook account, you will have to log out from Facebook before visiting our website.

 

To learn more about purpose and extent of data collection as well as further data processing and usage by Facebook including associated rights and privacy settings please follow the link below featuring data protection information and data policies:

https://www.facebook.com/about/privacy/


8. Access, rectification and erasure of your data

According to applicable law you may request us in writing and ask us if and which personal data of you are saved. You will receive an appropriate notice as soon as possible and an erasure can be effected immediately if desired.

 

9. Security of your data

In order to protect the personal data you have provided us with we will take all organizational and technical security measures so that no unauthorized third party has access to the data. We have a SSL security certificate (“Secure-Sockets-Layer”) issued by our provider. We recommend sending very sensible data and information by postal letter because a complete data security cannot be guaranteed using email.

 
 
10. Modification of privacy statement

From time to time, we will update the provisions on the protection of personal data. Please check these provisions regularly to keep up to date on how we protect your data and improve the content of our website. Should we undertake any essential modifications concerning the data collection, usage or transfer to third parties, we will inform you by a clearly visible notice on our website. With the use of our internet pages, you agree to the regulations on the protection of personal data.

 

Feel free to contact us anytime for questions on the regulation on the protection of personal data.