Welcome to Orten Fahrzeugbau

for the supply of brand new motor vehicles, trailers and body systems
– Terms and conditions of delivery for new vehicles –

1. Area of applicability, conclusion of the agreement, transferral of the buyer’s rights and obligations

1.1 The following terms and conditions apply to all quotations issued by the company ORTEN Fahrzeug GmbH (hereinafter referred to as the "Seller") and contracts of purchase and delivery concluded with the Seller for new motor vehicles, trailers and body systems. Any conflicting terms and conditions of business of the orderer or the buyer (hereinafter referred to as the "Buyer") are applicable only if expressly confirmed in writing by the Seller.

1.2 Quotations and cost estimates are provided on a non-binding basis.

1.3 The Buyer is committed to the order for a maximum of 6 weeks. The purchase and supply agreement (hereinafter referred to as the "Purchase Agreement") is concluded if the Seller gives written confirmation of acceptance of the order for the more specifically described delivery item (hereinafter referred to as the "Purchase Object") within this deadline, or the delivery has been carried out. The Seller is however obliged to give written notification of any refusal of the order immediately after clarification of availability for delivery.

1.4 All agreements must be put in writing. This requirement also applies to the additional agreements and assurances and also for later contractual changes.

1.5 Transferrals of the Buyer's rights and obligations arising from the Purchase Agreement require the Seller's written agreement.

2. Prices

2.1 The price of the Purchase Object is ex works without cash discount and other discounts, plus VAT (purchase price). Agreed additional services (e.g. transportation costs) are invoiced separately.

2.2 The prices given in the order confirmation are based on current raw material and wage costs. If these should increase, the Seller is entitled to adjust the agreed purchase price accordingly provided that delivery takes place later than four months following conclusion of the agreement.

3. Payment - default in payment

3.1 The purchase price and prices for additional services are payable in cash on delivery of the Purchase Object (though no later than 8 days after receipt of the instruction of provision, with the deadline beginning no sooner than the completion date) and delivery or transmission of the bill for payment.

3.2 If the Seller and Buyer have agreed on payment by instalment, and if the Buyer is a legal entity or if the credit, according to the content of the agreement, is intended for a commercial or independent professional activity that is already exercised, then the entire balance falls due (regardless of the maturity of any bill of payment) including any agreed interests that have accrued up to the date of payment, if the Buyer is wholly or partly in default of at least 2 consecutive instalments by at least 10% of the instalment price, or by 5% where the credit agreement has a maturity period in excess of 3 years. The entire outstanding balance also becomes due for payment if the Buyer suspends his payments in general, or if an application is made for insolvency proceedings on his assets. The same applies if the Buyer is a natural person and if the credit is intended for taking up a commercial or independent professional activity and is greater than the cash payment price of EUR 50,000. Instead of demanding the balance due, the Seller can, without prejudice to his rights deriving from 6.6, give the Buyer a written extension of 2 weeks for payment of the outstanding amount, with a declaration that in the event of non-payment within the deadline, he will reject fulfilment of the agreement by the Buyer. Should the extension expire to no avail, the Seller is entitled to issue written notice of withdrawal from the agreement, or to demand compensation for non-fulfilment; any claim for fulfilment is excluded.

3.3 Any agreement made between the Seller and the Buyer for payment by instalment, which does not come under 3.2 above, can be cancelled by the Seller and payment of the balance due can be demanded if
a) the Buyer is wholly or partly in default of at least 2 consecutive instalments and the outstanding amount is at least 10% of the instalment price, or at least 5% where the term of the payments by instalment is more than three years, and
b) the Seller has to no avail given the Buyer a two-week deadline for payment of the outstanding amount, declaring that if payment is no paid within the deadline, he will demand the full amount.If the Seller demands payment of the balance due, this will be less the interest and other term-dependent costs of the payments by instalment, which are due if calculation is on a sliding scale based on the time following maturity of the balance due.
Instead of demanding payment of the balance due, the Seller can, in the case of 3.3 a) and without prejudice to his rights from 6.6, give the Buyer a written extension of 2 weeks, combined with a statement to the effect that in the event of non-payment within the extension, he will reject fulfilment of the agreement by the Buyer and withdraw from it. Should the extension expire to no avail, the Seller can declare in writing his withdrawal from the agreement; any claim of fulfilment is excluded.

3.4 Payment orders, cheques and bills of payment are accepted only by special arrangement and only accepted for payment subject to calculation of all collection and discount charges.

3.5 The Buyer may only balance claims against the Seller's claims if the Buyer's counterclaim is uncontested or if there is a legally binding title; a right of retention can then only be asserted if it rests on claims arising from the Purchase Agreement.

3.6 Penalty interest on arrears is charged at 5% p.a. above the Deutsche Bundesbank's discount rate. It is adjusted upwards or downwards if the Seller can provide evidence of a charge with a higher rate of interest, or the Buyer evidence of a lower charge. As soon as a discount rate of Deutsche Bundesbank is no longer to exist due to introduction of the EURO, then the corresponding reference rate of the European Central Bank with responsibility for this currency will apply instead of this.

4. Delivery and delayed delivery

4.1 Delivery dates or deadlines, which can be agreed as being binding or non-binding, must be given in writing. Delivery deadlines run from conclusion of the agreement. If subsequent contractual amendments are agreed, then a new delivery date or deadline will if necessary have to be agreed at the same time.

4.2 Six weeks after expiry of a non-binding delivery date or a non-binding delivery deadline issued by the Seller, the Buyer can demand in writing, delivery within a reasonable deadline, stating that he will refuse to accept the Purchase Object once this deadline has expired. The Seller is in default upon receipt of the demand. In addition to delivery, the Buyer can also demand compensation for any loss that may have resulted from the delay. In the event of slight negligence on the part of the Seller, this claim is limited to no more than 5% of the agreed purchase price. Should the extension expire to no avail, the Buyer is entitled to withdraw from the Purchase Agreement by written notification, or to demand compensation for non-fulfilment. In the event of slight negligence on the part of the Seller, this claim is limited to no more than 10% of the agreed purchase price. If the Buyer is a public sector corporation, a public sector special funds corporation or an entrepreneur who, at the time the agreement is concluded, is conducting his commercial or independent professional activity, then the Buyer only has a claim for compensation in case of criminal intent or gross negligence on the part of the Seller. Any demand for delivery is excluded in the cases described in this paragraph.If by chance the Seller is unable to deliver while in default, he will nevertheless be liable in accordance with paras. 1 and 2, regardless of whether the losses would have occurred even if the delivery had been made on time.

4.3 If a binding delivery date or deadline has been missed, the Seller will be in default as soon as the delivery date or deadline has passed. The Buyer's rights will then be determined according to 4.2 para. 1 s. 3 and 4.2 para. 2 and para. 3.

4.4 Force majeure, public disorder, strike, lockout and substantial operational disruption for which no blame can be cast change the dates and deadlines stated in 4.1 and 4.2 concerning the duration of the disruptions to the provision of services caused by these circumstances.

4.5 The Seller reserves the right to make structural or design changes, colour deviations or changes in the consignment during the delivery period, as long as the Purchase Object is not substantially changed and the Buyer considers the changes to be reasonable.

4.6 Details in descriptions that are valid at the time of entering into the agreement concerning the consignment, appearance, ratings, dimensions and weights, fuel consumption, operating costs etc. for the Purchase Object are intrinsic contractual terms; they must be regarded as approximate and not guaranteed characteristics, and are set as benchmarks for deciding whether the Purchase Object is free of defects as in 7.1, unless an explicit guarantee as in 1.4 has been given. If the Seller or the manufacturer uses characters or numbers as a designation for the order or the Purchase Object ordered, no rights may be derived from this.

4.7 The Buyer is obliged to settle any demands for payment by Orten Fahrzeug GmbH by no later than the handover of the Purchase Object. The Seller is entitled to make the delivery of the Purchase Object to the Buyer dependent on the prior settlement of these demands for payment. The Seller is also entitled to offset any of the demands made by the Buyer of Orten Fahrzeug GmbH by virtue of deliveries and services with his own purchase price demands.

5. Conditions of acceptance

5.1 The Buyer is entitled, within 8 days of receipt of the instruction of provision, to inspect the Purchase Object at the stated place of acceptance; the deadline begins no sooner than the completion date given in the instruction of provision. If the inspection is not carried out within the deadline, this will be taken as waiver of the right of inspection; the Purchase Object will then only be regarded as accepted and duly delivered upon delivery to the Buyer or the Buyer's representatives. The Seller must however refer the Buyer to this once more in the instruction of provision.

5.2 Any test drive prior to acceptance must be kept to 20 km within the limits of usual test drives.

5.3 If there are any substantial defects in the Purchase Object offered which, following criticism during the deadline as in point 1, are not rectified within a reasonable extension to be set by the Buyer, the Buyer can refuse acceptance.

5.4 If the Buyer continues to delay, deliberately or as a result of gross negligence, in accepting the Purchase Object for longer than 14 days from receipt of the instruction of provision, the Seller can give the Buyer a written extension of 14 days, stating that he declines acceptance upon expiry of this deadline. Should the extension expire to no avail, the Seller is entitled to declare in writing his withdrawal from the Purchase Agreement or his refusal to fulfil the remainder of the agreement and to demand compensation for non-fulfilment.It is not necessary to give an extension if the Buyer seriously and conclusively rejects acceptance or is clearly unable, also within this time, to pay the purchase price. In neither case is supply required.

5.5 If the Seller demands compensation, this will be 15 % of the purchase price. The level of the compensation must be adjusted upwards or downwards if the Seller can prove a higher loss or the Buyer can prove a lower loss.

5.6 If the Seller does not make use of the rights as in 5.4 and 5.5, he is free to do what he wants with the Purchase Object and to supply in its place within a reasonable deadline a Purchase Object of the same kind under the terms and conditions of the agreement.

5.7 If the, prior to acceptance, the Purchase Object is taken on a test drive by the Buyer or by his representatives, the Buyer will be liable for any resultant damage to the vehicle that has culpably been caused by the driver of the vehicle.

6 Retention of title, making over security

6.1 The Purchase Object remains the property of the Seller until settlement of the claims to which the Seller is entitled by virtue of the Purchase Agreement. The retention of title also remains in place for all claims on the Buyer subsequently acquired by the Seller in connection with the Purchase Object, e.g. due to repairs or spare parts as well as other services.If the Buyer is a public sector corporation public law, a public sector special funds corporation or an entrepreneur, who, at the time the agreement is concluded, is conducting his commercial or independent professional activity, the retention of title also applies for any claims which the Seller has against the Buyer deriving from his regular business relations.

6.2 For the duration of the retention of title, the right of ownership of the vehicle registration document remains with the Seller. The Buyer is obliged to apply in writing to the licensing authority for the vehicle registration document to be issued to the Seller.

6.3 At the request of the Buyer, the Seller is obliged to release securities at the Seller's discretion, if their realisable value exceeds 20% of those of the Seller's claims that are to be secured.

6.4 If the Seller only supplies body systems, then there is only a retention of title on the Purchase Object if this can be removed from the vehicle substructure by undoing screw and bolt connections. The Buyer recognises that the Purchase Object is not nor will be a component of the vehicle.

6.5 If the Seller supplies body systems of a kind that are attached to the substructure and/or the rest of the vehicle in such a way that they cannot be removed by undoing screw and bolt connections, or if he supplies accessories (tailgate lifts, refrigerating units, fifth wheel couplings, etc.), then the following applies:a) If the vehicle to which a body system or accessory is to be fitted is in the retained or security ownership of a third party:The Buyer must ensure that the third party grants the Seller retained co-ownership or security co-ownership. He must provide a written statement from the third party to that. The Seller obtains sole retained or security ownership when the third party's right comes to an end. The Buyer must ensure that the third party then immediately provides the Seller with the vehicle or trailer registration document. The Seller is entitled to contact the third party directly in connection with the agreement and subsequent conclusion of the retained or security co-ownership.b) If the vehicle to which a body system or accessory is to be fitted is in the retained or security ownership of the Buyer:The Buyer is obliged to transfer to the Seller the security ownership of the entire vehicle, including body system, and, for the duration of the security ownership in the relationship with Seller, to use the vehicle only on a loan basis. The transferral of security and the agreement to the loan arrangement are considered to have been executed if the vehicle is handed over to the Buyer for the purpose of acceptance with retention of the vehicle or trailer registration document.

6.6 For the duration of the retention of title or security ownership, the Buyer is entitled to ownership and use of the Purchase Object or to the object subject to the above points in compliance with retention of title or security ownership, as long as he complies with his obligations deriving from the retention of title or security ownership in accordance with the following provisions in this section and is not in arrears of payment (as in 3.2 und 3.3). The Seller can reclaim the Purchase Object if
a) in the case of a buyer as referred to under 3.2 para. 1, the prerequisites mentioned therein, or
b) in the case of a seller as referred to under 3.3, the prerequisites mentioned therein are present, or that buyer has given an assurance under oath, or
c) the buyer fails to fulfil his obligations deriving from 6.7 or 6.8, below, or despite a written request, from 6.10, below.
The Buyer's rights of retention, which do not stem from the Purchase Agreement, are excluded. If the Seller takes back the Purchase Object, then the Seller and the Buyer agree that the Seller reimburses the Buyer the Purchase Object's usual selling value at the time it is taken back. At the request of the Buyer, which can only be expressed immediately after the Purchase Object has been taken back, the Buyers can opt to have a publicly appointed and sworn expert e.g. Deutsche Automobil-Treuhand-GmbH (DAT) state the usual selling value. The Seller can (without being obliged to do so) give the Buyer another written reasonable deadline for fulfilment of an obligation, and announce that if the Buyer fulfils his obligations within this deadline, he will be offered the return of the Purchase Object subject to payment of the usual selling value. Except in the case of 3.3, the Buyer will bear all costs in connection with the recovery and use of the Purchase Object. In the absence of any documentation, the costs for use will be 5% of the proceeds from use. These are adjusted upwards or downwards if the Seller can prove higher costs or the Buyer can prove lower costs.

6.7 As long as the retention of title is in place, the Purchase Object can only be sold, pledged, made over as security, hired out or otherwise surrendered to the detriment of the Seller's security or changed with the Seller's prior written consent.

6.8 In the event of intervention by third parties, especially in case of distraints on the Purchase Object or if a workshop exercises its commercial lien, the Buyer must immediately notify the Seller in writing, and also immediately refer the third parties to the Seller's retention of title. The Buyer bears all costs required to suspend the intervention and to recover the Purchase Object or security collateral, where they cannot be collected from third parties.

6.9 If there was an agreement on taking out a comprehensive insurance policy, the Buyer must take this out immediately for the duration of the retention of title with a reasonable excess, provided that the Seller is entitled to the rights deriving from the insurance agreement. The Buyer authorises the Seller to apply for a risk coverage certificate for the full vehicle insurance and to obtain details of the aforementioned insurance. If, despite a written reminder by the Seller, the Buyer fails to comply with this obligation, the Seller can take out a comprehensive insurance policy himself at the Buyer's expense, pay the insurance premium and then collect this as part of the claim resulting from the Purchase Agreement. Unless otherwise agreed, these services arising from the comprehensive insurance policy must be used in full for repairing the Purchase Object or security collateral. If, in the event of severe damage, the Seller omits a repair, the insurance will be used to pay off the purchase price, the costs of additional services and also costs paid out by the Seller.

6.10 The Buyer is obliged to keep the Purchase Object in a proper condition for the duration of the retention if title, and to have all maintenance work and necessary repairs scheduled by the Seller carried out immediately (apart from emergencies) by the Seller or by a workshop approved by the manufacturer for supervising the Purchase Object.

7. Material defects

7.1 Claims made by the Buyers due to material defects have a limitation period in accordance with the statutory provisions of two years from delivery of the Purchase Object.In deviation from this, there is a limitation period of one year for Purchase Objects if the Buyer is a public sector corporation, a public sector special funds corporation or an entrepreneur, who, in concluding the agreement, is exercising his commercial or independent professional activity.If defects are deceitfully concealed or a guarantee of quality is taken over, the opportunity of making later claims remains unaffected.

7.2 The following applies to the way in which defects are corrected:
a) The Buyer may assert claims for the correction of defects with the Seller or with other companies approved by the manufacturer/importer for supervising the Purchase Object; in the latter case, the Buyer must notify the Seller of this in writing. The Buyer must either give written notification of defects as soon they have been found by the company brought in, or have them recorded by this company.
b) If the Purchase Object is no longer in working order due to a material defect, the Buyer must ask for assistance from an on-call company that has been approved by the manufacturer/importer for supervising the Purchase Object which is closest to the location of the Purchase Object that is no longer in working order.
Repairs must be made immediately according to the technical requirements, by replacing or repairing faulty parts without obtaining estimates for such expenses as are necessary for the repair, in particular transport, road, labour and material costs, as long as these do not increase as a result of the Purchase Object being taken outside the Federal Republic of Germany; replaced parts become the property of the Seller. The Seller only deducts labour and material costs from the expenses required for the repair. If additional maintenance work stipulated by the Seller becomes necessary as a consequence of the repair, the Seller will accept the costs for this work, including necessary costs for materials and lubricants.
If the Buyer is a public sector corporation, a public sector special funds corporation or an entrepreneur who has the contract for conducting his trade, any towing and transport costs for the vehicle will not be accepted. Non-traders must bring the vehicle into the workshop to be designated by the Seller.
c) There is absolutely no right to order a replacement vehicle for the duration of the repairs.
d) Replacement parts become the property of the Seller.
e) The Buyer may assert material defect claims based on the Purchase Agreement for the parts fitted in order to correct defects up until the expiry of the Purchase Object's limitation period.

7.3 Claims for the correction of defects remain unaffected by any change of ownership of the Purchase Object.

7.4 Where an outside body system is the object of the Purchase Agreement, the Buyer must go first of all to the manufacturer of the body system for repair. The Buyer must similarly go first of all to the Seller or a company that has been approved by the Seller for any defect that is covered by guarantee to tyres, refrigerating units, brake parts, tailgate lifts, axles and axle units. The Buyer only has any claims for repairs against the Seller if the manufacturer of the outside product refuses to carry out the repair and/or fails in carrying out the repair.

7.5 There are no guarantee obligations if the defect that has occurred is in such a causal context with them that
- the Purchase Object has been treated in an inexpert or excessive way, e.g. in case of overloading, inadequately secured loads during transport, damage when loading or unloading,
- the Purchase Object has previously been repaired, maintained or serviced in a company that is not approved by the Seller for service and maintenance work and the Buyer had to admit to this, or
- parts have been fitted to the Purchase Object, the use of which has not been approved by the Seller, or the Purchase Object has been altered in a manner that is not approved by the Seller, or
- the Buyer has not complied with the regulations on the handling, maintenance and servicing of the Purchase Object (e.g. operating instructions).

7.6 Normal wear and tear is excluded from the guarantee.

7.7 Where guaranteed characteristics are absent, any claim of compensation due to non-fulfilment remains unaffected.

7.8 The claims under guarantee referred to above expire at the end of the guarantee period as in 7.1.

8. Liability

8.1 If the Seller, on account of statutory provisions in accordance with these conditions, is responsible for a loss which was caused by slight negligence, then the Seller's liability is limited as follows:
Liability is limited only in case of neglect of obligations that are essential to the Purchase agreement and is limited to the typical loss that is foreseeable at the time the Purchase agreement is concluded. This limitation does not apply in case of injury to life, body and health. If the loss is covered by an insurance policy that was taken out by the Buyer for the loss in question (with the exception of stated benefit insurance), the Seller's liability is limited only to any detriment to the Buyer in connection therewith, e.g. higher insurance premiums or interest disadvantages up until claims settlement by the insurance.
In the case of slight negligence, his liability is limited: There is only any liability if the loss exceeds an insurance benefit and no compensation is paid for third party damage in the context of the law on compulsory insurance for owners of vehicles. However, no compensation is paid in the following cases: fall in value of the Purchase Object, loss of use - in particular rental vehicle costs, lost profits, towing costs and vehicle contents and also cargos. The same applies to losses in the event of repair. If the Seller recklessly neglects a cardinal obligation or an obligation that is essential to the agreement, the Seller's obligation to pay compensation is limited to the foreseeable loss that is typical of the agreement.

8.2 Irrespective of whether the Seller is to blame, any liability on the part of the Seller in accordance with the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

8.3 Liability due to late delivery is definitively regulated in 4.

8.4 The Buyer's rights deriving from material defects as in 7 remain unaffected.

8.5 The personal liability of legal representatives, assistants and employees in the Seller's company is excluded for losses caused by them as a result of slight negligence.

9. Place of fulfilment and court of jurisdiction

9.1 The place of fulfilment for the delivery of the Purchase Object is the Seller's production plant, and for all other reciprocal claims it is the Seller's main office.

9.2 For all present and future claims arising from business relations with traders, public sector corporations or public sector special funds corporations including bills and cheques receivable, the local court of Bernkastel-Kues or the Trier district court shall have exclusive jurisdiction.

9.3 The same court of jurisdiction applies if the Buyer does not have any general court of jurisdiction in the Federal Republic of Germany, or if he moves his domicile or usual place of residence out of the Federal Republic of Germany after the agreement has been concluded. Otherwise for the Seller's claims against the Buyer, the latter's domicile is taken as the court of jurisdiction.

9.4 All privities of contract between the Seller and the Buyer are subject only to the laws of the Federal Republic of Germany. Use of the UN agreement on agreement relating to international sales contracts of 11/04/80 (UN purchase law; BGBl. [Federal Law Gazette] 1989 II. p. 588 f) and the Uncitral Convention on international bills of exchange and international promissory notes dated 09/12/88 is excluded.

9.5 Should any term of these terms of business or any term within the framework of other agreements be or become unworkable, the workability of all the other terms or agreements will remain unaffected by this.

Version dated: 05/2002

Information pursuant to Sect. 5 German Telemedia Act (TMG)

ORTEN Fahrzeugbau GmbH
Gewerbegebiet Wehlen 3
54470 Bernkastel-Kues

Commercial Register: HRB 43312
Registration court: Amtsgericht Wittlich

Represented by:
Dipl. Ing. Robert E. Orten

Contact

Phone: +49 (0) 6531 - 503-0
Telefax: +49 (0) 6531 - 7403
E-mail:

VAT ID

Sales tax identification number according to Sect. 27 a of the Sales Tax Law:
DE 303624960

EU dispute resolution

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/.
Our e-mail address can be found above in the site notice.

Dispute resolution proceedings in front of a consumer arbitration board

We are not willing or obliged to participate in dispute resolution proceedings in front of a consumer arbitration board.

Font & Photo credit

1. An overview of data protection

General information

The following information will provide you with an easy to navigate overview of what will happen with your personal data when you visit this website. The term “personal data” comprises all data that can be used to personally identify you. For detailed information about the subject matter of data protection, please consult our Data Protection Declaration, which we have included beneath this copy.

Data recording on this website

Who is the responsible party for the recording of data on this website (i.e., the “controller”)?

The data on this website is processed by the operator of the website, whose contact information is available under section “Information about the responsible party (referred to as the “controller” in the GDPR)” in this Privacy Policy.

How do we record your data?

We collect your data as a result of your sharing of your data with us. This may, for instance be information you enter into our contact form.

Other data shall be recorded by our IT systems automatically or after you consent to its recording during your website visit. This data comprises primarily technical information (e.g., web browser, operating system, or time the site was accessed). This information is recorded automatically when you access this website.

What are the purposes we use your data for?

A portion of the information is generated to guarantee the error free provision of the website. Other data may be used to analyze your user patterns.

What rights do you have as far as your information is concerned?

You have the right to receive information about the source, recipients, and purposes of your archived personal data at any time without having to pay a fee for such disclosures. You also have the right to demand that your data are rectified or eradicated. If you have consented to data processing, you have the option to revoke this consent at any time, which shall affect all future data processing. Moreover, you have the right to demand that the processing of your data be restricted under certain circumstances. Furthermore, you have the right to log a complaint with the competent supervising agency.

Please do not hesitate to contact us at any time if you have questions about this or any other data protection related issues.

Analysis tools and tools provided by third parties

There is a possibility that your browsing patterns will be statistically analyzed when your visit this website. Such analyses are performed primarily with what we refer to as analysis programs.

For detailed information about these analysis programs please consult our Data Protection Declaration below.

2. Hosting

We are hosting the content of our website at the following provider:

External Hosting

This website is hosted externally. Personal data collected on this website are stored on the servers of the host. These may include, but are not limited to, IP addresses, contact requests, metadata and communications, contract information, contact information, names, web page access, and other data generated through a web site.

The external hosting serves the purpose of fulfilling the contract with our potential and existing customers (Art. 6(1)(b) GDPR) and in the interest of secure, fast, and efficient provision of our online services by a professional provider (Art. 6(1)(f) GDPR). If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6 (1)(a) GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in the user's end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be revoked at any time.

Our host(s) will only process your data to the extent necessary to fulfil its performance obligations and to follow our instructions with respect to such data.

We are using the following host(s):

WebMan Webdesign
Gestade 12
54470 Bernkastel-Kues
www.webman-webdesign.de

Data processing

We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract mandated by data privacy laws that guarantees that they process personal data of our website visitors only based on our instructions and in compliance with the GDPR.

3. General information and mandatory information

Data protection

The operators of this website and its pages take the protection of your personal data very seriously. Hence, we handle your personal data as confidential information and in compliance with the statutory data protection regulations and this Data Protection Declaration.

Whenever you use this website, a variety of personal information will be collected. Personal data comprises data that can be used to personally identify you. This Data Protection Declaration explains which data we collect as well as the purposes we use this data for. It also explains how, and for which purpose the information is collected.

We herewith advise you that the transmission of data via the Internet (i.e., through e-mail communications) may be prone to security gaps. It is not possible to completely protect data against third-party access.

Information about the responsible party (referred to as the “controller” in the GDPR)

The data processing controller on this website is:

ORTEN Fahrzeugbau GmbH
Gewerbegebiet Wehlen 3
54470 Bernkastel-Kues

Phone: +49 (0) 6531 - 503-0
E-mail:

The controller is the natural person or legal entity that single-handedly or jointly with others makes decisions as to the purposes of and resources for the processing of personal data (e.g., names, e-mail addresses, etc.).

Storage duration

Unless a more specific storage period has been specified in this privacy policy, your personal data will remain with us until the purpose for which it was collected no longer applies. If you assert a justified request for deletion or revoke your consent to data processing, your data will be deleted, unless we have other legally permissible reasons for storing your personal data (e.g., tax or commercial law retention periods); in the latter case, the deletion will take place after these reasons cease to apply.

General information on the legal basis for the data processing on this website

If you have consented to data processing, we process your personal data on the basis of Art. 6(1)(a) GDPR or Art. 9 (2)(a) GDPR, if special categories of data are processed according to Art. 9 (1) DSGVO. In the case of explicit consent to the transfer of personal data to third countries, the data processing is also based on Art. 49 (1)(a) GDPR. If you have consented to the storage of cookies or to the access to information in your end device (e.g., via device fingerprinting), the data processing is additionally based on § 25 (1) TTDSG. The consent can be revoked at any time. If your data is required for the fulfillment of a contract or for the implementation of pre-contractual measures, we process your data on the basis of Art. 6(1)(b) GDPR. Furthermore, if your data is required for the fulfillment of a legal obligation, we process it on the basis of Art. 6(1)(c) GDPR. Furthermore, the data processing may be carried out on the basis of our legitimate interest according to Art. 6(1)(f) GDPR. Information on the relevant legal basis in each individual case is provided in the following paragraphs of this privacy policy.

Designation of a data protection officer

We have appointed a data protection officer.

Michael Rohe

Phone: 06531-5030
E-mail:

Information on data transfer to the USA and other non-EU countries

Among other things, we use tools of companies domiciled in the United States or other from a data protection perspective non-secure non-EU countries. If these tools are active, your personal data may potentially be transferred to these non-EU countries and may be processed there. We must point out that in these countries, a data protection level that is comparable to that in the EU cannot be guaranteed. For instance, U.S. enterprises are under a mandate to release personal data to the security agencies and you as the data subject do not have any litigation options to defend yourself in court. Hence, it cannot be ruled out that U.S. agencies (e.g., the Secret Service) may process, analyze, and permanently archive your personal data for surveillance purposes. We have no control over these processing activities.

Recipients of personal data

In the scope of our business activities, we cooperate with various external parties. In some cases, this also requires the transfer of personal data to these external parties. We only disclose personal data to external parties if this is required as part of the fulfillment of a contract, if we are legally obligated to do so (e.g., disclosure of data to tax authorities), if we have a legitimate interest in the disclosure pursuant to Art. 6 (1)(f) GDPR, or if another legal basis permits the disclosure of this data. When using processors, we only disclose personal data of our customers on the basis of a valid contract on data processing. In the case of joint processing, a joint processing agreement is concluded.

Revocation of your consent to the processing of data

A wide range of data processing transactions are possible only subject to your express consent. You can also revoke at any time any consent you have already given us. This shall be without prejudice to the lawfulness of any data collection that occurred prior to your revocation.

Right to object to the collection of data in special cases; right to object to direct advertising (Art. 21 GDPR)

IN THE EVENT THAT DATA ARE PROCESSED ON THE BASIS OF ART. 6(1)(E) OR (F) GDPR, YOU HAVE THE RIGHT TO AT ANY TIME OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA BASED ON GROUNDS ARISING FROM YOUR UNIQUE SITUATION. THIS ALSO APPLIES TO ANY PROFILING BASED ON THESE PROVISIONS. TO DETERMINE THE LEGAL BASIS, ON WHICH ANY PROCESSING OF DATA IS BASED, PLEASE CONSULT THIS DATA PROTECTION DECLARATION. IF YOU LOG AN OBJECTION, WE WILL NO LONGER PROCESS YOUR AFFECTED PERSONAL DATA, UNLESS WE ARE IN A POSITION TO PRESENT COMPELLING PROTECTION WORTHY GROUNDS FOR THE PROCESSING OF YOUR DATA, THAT OUTWEIGH YOUR INTERESTS, RIGHTS AND FREEDOMS OR IF THE PURPOSE OF THE PROCESSING IS THE CLAIMING, EXERCISING OR DEFENCE OF LEGAL ENTITLEMENTS (OBJECTION PURSUANT TO ART. 21(1) GDPR).

IF YOUR PERSONAL DATA IS BEING PROCESSED IN ORDER TO ENGAGE IN DIRECT ADVERTISING, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR AFFECTED PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING AT ANY TIME. THIS ALSO APPLIES TO PROFILING TO THE EXTENT THAT IT IS AFFILIATED WITH SUCH DIRECT ADVERTISING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR DIRECT ADVERTISING PURPOSES (OBJECTION PURSUANT TO ART. 21(2) GDPR).

Right to log a complaint with the competent supervisory agency

In the event of violations of the GDPR, data subjects are entitled to log a complaint with a supervisory agency, in particular in the member state where they usually maintain their domicile, place of work or at the place where the alleged violation occurred. The right to log a complaint is in effect regardless of any other administrative or court proceedings available as legal recourses.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in fulfillment of a contract handed over to you or to a third party in a common, machine-readable format. If you should demand the direct transfer of the data to another controller, this will be done only if it is technically feasible.

Information about, rectification and eradication of data

Within the scope of the applicable statutory provisions, you have the right to demand information about your archived personal data, their source and recipients as well as the purpose of the processing of your data at any time. You may also have a right to have your data rectified or eradicated. If you have questions about this subject matter or any other questions about personal data, please do not hesitate to contact us at any time.

Right to demand processing restrictions

You have the right to demand the imposition of restrictions as far as the processing of your personal data is concerned. To do so, you may contact us at any time. The right to demand restriction of processing applies in the following cases:

• In the event that you should dispute the correctness of your data archived by us, we will usually need some time to verify this claim. During the time that this investigation is ongoing, you have the right to demand that we restrict the processing of your personal data.
• If the processing of your personal data was/is conducted in an unlawful manner, you have the option to demand the restriction of the processing of your data instead of demanding the eradication of this data.
• If we do not need your personal data any longer and you need it to exercise, defend or claim legal entitlements, you have the right to demand the restriction of the processing of your personal data instead of its eradication.
• If you have raised an objection pursuant to Art. 21(1) GDPR, your rights and our rights will have to be weighed against each other. As long as it has not been determined whose interests prevail, you have the right to demand a restriction of the processing of your personal data.

If you have restricted the processing of your personal data, these data – with the exception of their archiving – may be processed only subject to your consent or to claim, exercise or defend legal entitlements or to protect the rights of other natural persons or legal entities or for important public interest reasons cited by the European Union or a member state of the EU.

SSL and/or TLS encryption

For security reasons and to protect the transmission of confidential content, such as purchase orders or inquiries you submit to us as the website operator, this website uses either an SSL or a TLS encryption program. You can recognize an encrypted connection by checking whether the address line of the browser switches from “http://” to “https://” and also by the appearance of the lock icon in the browser line.

If the SSL or TLS encryption is activated, data you transmit to us cannot be read by third parties.

Rejection of unsolicited e-mails

We herewith object to the use of contact information published in conjunction with the mandatory information to be provided in our Site Notice to send us promotional and information material that we have not expressly requested. The operators of this website and its pages reserve the express right to take legal action in the event of the unsolicited sending of promotional information, for instance via SPAM messages.

4. Recording of data on this website

Cookies

Our websites and pages use what the industry refers to as “cookies.” Cookies are small data packages that do not cause any damage to your device. They are either stored temporarily for the duration of a session (session cookies) or they are permanently archived on your device (permanent cookies). Session cookies are automatically deleted once you terminate your visit. Permanent cookies remain archived on your device until you actively delete them, or they are automatically eradicated by your web browser.

Cookies can be issued by us (first-party cookies) or by third-party companies (so-called third-party cookies). Third-party cookies enable the integration of certain services of third-party companies into websites (e.g., cookies for handling payment services).

Cookies have a variety of functions. Many cookies are technically essential since certain website functions would not work in the absence of these cookies (e.g., the shopping cart function or the display of videos). Other cookies may be used to analyze user behavior or for promotional purposes.

Cookies, which are required for the performance of electronic communication transactions, for the provision of certain functions you want to use (e.g., for the shopping cart function) or those that are necessary for the optimization (required cookies) of the website (e.g., cookies that provide measurable insights into the web audience), shall be stored on the basis of Art. 6(1)(f) GDPR, unless a different legal basis is cited. The operator of the website has a legitimate interest in the storage of required cookies to ensure the technically error-free and optimized provision of the operator’s services. If your consent to the storage of the cookies and similar recognition technologies has been requested, the processing occurs exclusively on the basis of the consent obtained (Art. 6(1)(a) GDPR and § 25 (1) TTDSG); this consent may be revoked at any time.

You have the option to set up your browser in such a manner that you will be notified any time cookies are placed and to permit the acceptance of cookies only in specific cases. You may also exclude the acceptance of cookies in certain cases or in general or activate the delete-function for the automatic eradication of cookies when the browser closes. If cookies are deactivated, the functions of this website may be limited.

Which cookies and services are used on this website can be found in this privacy policy.

Consent with Usercentrics

This website uses the consent technology of Usercentrics to obtain your consent to the storage of certain cookies on your device or for the use of specific technologies, and to document the former in a data protection compliant manner. The party offering this technology is Usercentrics GmbH, Sendlinger Straße 7, 80331 München, Germany, website: https://usercentrics.com/ (hereinafter referred to as “Usercentrics”).

Whenever you visit our website, the following personal data will be transferred to Usercentrics:

• Your declaration(s) of consent or your revocation of your declaration(s) of consent
• Your IP address
• Information about your browser
• Information about your device
• The date and time you visited our website

Moreover, Usercentrics shall store a cookie in your browser to be able to allocate your declaration(s) of consent or any revocations of the former. The data that are recorded in this manner shall be stored until you ask us to eradicate them, delete the Usercentrics cookie or until the purpose for archiving the data no longer exists. This shall be without prejudice to any mandatory legal retention periods.

The Usercentrics banner on this website has been configured with the assistance of eRecht24. This can be identified by the eRecht24 logo. To display the eRecht24 logo in the banner, a connection to the image server of eRecht24 will be established. In conjunction with this, the IP address is also transferred; however, is only stored in anonymized form in the server logs. The image server of eRecht24 is located in Germany with a German provider. The banner as such is provided exclusively by Usercentrics.

Usercentrics uses cookies to obtain the declarations of consent mandated by law. The legal basis for the use of specific technologies is Art. 6(1)(c) GDPR.

Data processing

We have concluded a data processing agreement (DPA) for the use of the above-mentioned service. This is a contract mandated by data privacy laws that guarantees that they process personal data of our website visitors only based on our instructions and in compliance with the GDPR.

Server log files

The provider of this website and its pages automatically collects and stores information in so-called server log files, which your browser communicates to us automatically. The information comprises:

• The type and version of browser used
• The used operating system
• Referrer URL
• The hostname of the accessing computer
• The time of the server inquiry
• The IP address

This data is not merged with other data sources.

This data is recorded on the basis of Art. 6(1)(f) GDPR. The operator of the website has a legitimate interest in the technically error free depiction and the optimization of the operator’s website. In order to achieve this, server log files must be recorded.

Contact form

If you submit inquiries to us via our contact form, the information provided in the contact form as well as any contact information provided therein will be stored by us in order to handle your inquiry and in the event that we have further questions. We will not share this information without your consent.

The processing of these data is based on Art. 6(1)(b) GDPR, if your request is related to the execution of a contract or if it is necessary to carry out pre-contractual measures. In all other cases the processing is based on our legitimate interest in the effective processing of the requests addressed to us (Art. 6(1)(f) GDPR) or on your agreement (Art. 6(1)(a) GDPR) if this has been requested; the consent can be revoked at any time.

The information you have entered into the contact form shall remain with us until you ask us to eradicate the data, revoke your consent to the archiving of data or if the purpose for which the information is being archived no longer exists (e.g., after we have concluded our response to your inquiry). This shall be without prejudice to any mandatory legal provisions, in particular retention periods.

Request by e-mail, telephone, or fax

If you contact us by e-mail, telephone or fax, your request, including all resulting personal data (name, request) will be stored and processed by us for the purpose of processing your request. We do not pass these data on without your consent.

These data are processed on the basis of Art. 6(1)(b) GDPR if your inquiry is related to the fulfillment of a contract or is required for the performance of pre-contractual measures. In all other cases, the data are processed on the basis of our legitimate interest in the effective handling of inquiries submitted to us (Art. 6(1)(f) GDPR) or on the basis of your consent (Art. 6(1)(a) GDPR) if it has been obtained; the consent can be revoked at any time.

The data sent by you to us via contact requests remain with us until you request us to delete, revoke your consent to the storage or the purpose for the data storage lapses (e.g. after completion of your request). Mandatory statutory provisions - in particular statutory retention periods - remain unaffected.

5. Social media

Facebook

We have integrated elements of the social network Facebook on this website. The provider of this service is Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland. According to Facebook’s statement the collected data will be transferred to the USA and other third-party countries too.

An overview of the Facebook social media elements is available under the following link: https://developers.facebook.com/docs/plugins/.

If the social media element has been activated, a direct connection between your device and the Facebook server will be established. As a result, Facebook will receive information confirming your visit to this website with your IP address. If you click on the Facebook Like button while you are logged into your Facebook account, you can link content of this website to your Facebook profile. Consequently, Facebook will be able to allocate your visit to this website to your user account. We have to emphasize that we as the provider of the website do not receive any information on the content of the transferred data and its use by Facebook. For more information, please consult the Data Privacy Policy of Facebook at: https://de-de.facebook.com/privacy/explanation.

If your approval (consent) has been obtained the use of the abovementioned service shall occur on the basis of Art. 6 Sect. 1 lit. a GDPR and § 25 TTDSG (German Telecommunications Act). Such consent may be revoked at any time. If your consent was not obtained, the use of the service will occur on the basis of our legitimate interest in making our information as comprehensively visible as possible on social media.

Insofar as personal data is collected on our website with the help of the tool described here and forwarded to Facebook, we and Meta Platforms Ireland Limited, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland are jointly responsible for this data processing (Art. 26 DSGVO). The joint responsibility is limited exclusively to the collection of the data and its forwarding to Facebook. The processing by Facebook that takes place after the onward transfer is not part of the joint responsibility. The obligations incumbent on us jointly have been set out in a joint processing agreement. The wording of the agreement can be found under: https://www.facebook.com/legal/controller_addendum. According to this agreement, we are responsible for providing the privacy information when using the Facebook tool and for the privacy-secure implementation of the tool on our website. Facebook is responsible for the data security of Facebook products. You can assert data subject rights (e.g., requests for information) regarding data processed by Facebook directly with Facebook. If you assert the data subject rights with us, we are obliged to forward them to Facebook.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://www.facebook.com/legal/EU_data_transfer_addendum, https://de-de.facebook.com/help/566994660333381 and https://www.facebook.com/policy.php.

6. Analysis tools and advertising

Matomo

This website uses the open-source web analysis service Matomo.

Through Matomo, we are able to collect and analyze data on the use of our website-by-website visitors. This enables us to find out, for instance, when which page views occurred and from which region they came. In addition, we collect various log files (e.g. IP address, referrer, browser, and operating system used) and can measure whether our website visitors perform certain actions (e.g. clicks, purchases, etc.).

The use of this analysis tool is based on Art. 6(1)(f) GDPR. The website operator has a legitimate interest in the analysis of user patterns, in order to optimize the operator’s web offerings and advertising. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be revoked at any time.

IP anonymization

For analysis with Matomo we use IP anonymization. Your IP address is shortened before the analysis, so that it is no longer clearly assignable to you.

Analysis without cookies

We have configured Matomo in such a way that Matomo will not store cookies in your browser.

Hosting

We host Matomo exclusively on our own servers so that all analysis data remains with us and is not passed on.

7. Plug-ins and Tools

YouTube with expanded data protection integration

Our website embeds videos of the website YouTube. The website operator is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

We use YouTube in the expanded data protection mode. According to YouTube, this mode ensures that YouTube does not store any information about visitors to this website before they watch the video. Nevertheless, this does not necessarily mean that the sharing of data with YouTube partners can be ruled out as a result of the expanded data protection mode. For instance, regardless of whether you are watching a video, YouTube will always establish a connection with the Google DoubleClick network.

As soon as you start to play a YouTube video on this website, a connection to YouTube’s servers will be established. As a result, the YouTube server will be notified, which of our pages you have visited. If you are logged into your YouTube account while you visit our site, you enable YouTube to directly allocate your browsing patterns to your personal profile. You have the option to prevent this by logging out of your YouTube account.

Furthermore, after you have started to play a video, YouTube will be able to place various cookies on your device or comparable technologies for recognition (e.g. device fingerprinting). In this way YouTube will be able to obtain information about this website’s visitors. Among other things, this information will be used to generate video statistics with the aim of improving the user friendliness of the site and to prevent attempts to commit fraud.

Under certain circumstances, additional data processing transactions may be triggered after you have started to play a YouTube video, which are beyond our control.

The use of YouTube is based on our interest in presenting our online content in an appealing manner. Pursuant to Art. 6(1)(f) GDPR, this is a legitimate interest. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be revoked at any time.

For more information on how YouTube handles user data, please consult the YouTube Data Privacy Policy under: https://policies.google.com/privacy?hl=en.

Google Maps

This website uses the mapping service Google Maps. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland.

To enable the use of the Google Maps features, your IP address must be stored. As a rule, this information is transferred to one of Google’s servers in the United States, where it is archived. The operator of this website has no control over the data transfer. In case Google Maps has been activated, Google has the option to use Google Fonts for the purpose of the uniform depiction of fonts. When you access Google Maps, your browser will load the required web fonts into your browser cache, to correctly display text and fonts.

We use Google Maps to present our online content in an appealing manner and to make the locations disclosed on our website easy to find. This constitutes a legitimate interest as defined in Art. 6(1)(f) GDPR. If appropriate consent has been obtained, the processing is carried out exclusively on the basis of Art. 6(1)(a) GDPR and § 25 (1) TTDSG, insofar the consent includes the storage of cookies or the access to information in the user’s end device (e.g., device fingerprinting) within the meaning of the TTDSG. This consent can be revoked at any time.

Data transmission to the US is based on the Standard Contractual Clauses (SCC) of the European Commission. Details can be found here: https://privacy.google.com/businesses/gdprcontrollerterms/ and https://privacy.google.com/businesses/gdprcontrollerterms/sccs/.

For more information on the handling of user data, please review Google’s Data Privacy Declaration under: https://policies.google.com/privacy?hl=en.