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According to § 5 TMG:

 

Vineyard Cloud GmbH

Annagut 0

76835 Burrweiler

 

Register court Landau - HRB 32005

Sales tax identification number: DE309639359

Tax number: 24/670/03382

 

Represented by business executive:

Marcel Sambale-Lergenmüller

 

Contact:

 

Phone: +49 6345 949 29 35

Email: info@vineyard-cloud.com

 

 

Responsible for the content according to § 55 Abs. 2 RStV:

 

Marcel Sambale-Lergenmüller

Annagut 0

76835 Burrweiler

 

Source: https://www.e-recht24.de

Click here for our Vineyard Cloud Terms of Use

Click here for our privacy policy from VIneyard Cloud

Click here for our software license agreement for VIneyard Cloud

Exclusion of liability (disclaimer)

Liability for content

As a service provider, we are responsible for our own content on these pages in accordance with general law in accordance with Section 7 (1) of the German Telemedia Act. According to §§ 8 to 10 TMG, as a service provider, we are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity.

Obligations to remove or block the use of information under general law remain unaffected. Liability in this regard is only possible from the point in time at which we become aware of a specific legal violation. As soon as we become aware of such legal violations, we will remove this content immediately.

Liability for links

Our offer contains links to external third party websites, over whose content we have no influence. Therefore we cannot accept any liability for this external content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time they were linked. No illegal content was found at the time the link was created.

Permanent monitoring of the content of the linked pages is not reasonable without concrete evidence of a legal violation. If we become aware of legal violations, we will remove such links immediately.

copyright

The content and works on these pages created by the website operator are subject to German copyright law. The reproduction, processing, distribution and any kind of exploitation outside the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this website are only permitted for private, non-commercial use.

Insofar as the content on this site was not created by the operator, the copyrights of third parties are observed. In particular contents of third parties are marked as such. Should you nevertheless become aware of a copyright infringement, we would ask you to notify us accordingly. As soon as we become aware of legal violations, we will remove such content immediately.

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Data protection

data protection

The operators of this website take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.

As a rule, our website can be used without providing personal data. Insofar as personal data (e.g. name, address or email address) is collected on our website, this is always done on a voluntary basis as far as possible. These data will not be passed on to third parties without your express consent.

We point out that data transmission over the Internet (e.g. when communicating by e-mail) can have security gaps. A complete protection of the data against access by third parties is not possible.

Note on data processing

With this information we inform you about the processing of your personal data in accordance with the EU General Data Protection Regulation (EU GDPR) that has been in force since May 25, 2018 and the rights you are entitled to under the new data protection law.

1. Responsible for data processing

This data protection notice applies to data processing by:

Vineyard Cloud GmbH (hereinafter: Vineyard Cloud) represented by the shareholder: Marcel Sambale-Lergenmüller

Annagut 0, 76835 Burrweiler

Email: info@vineyard-cloud.com

Phone: +49 6345 949 29 35

2. Collection and storage of personal data as well as type and purpose and their use

We process your personal data in compliance with the EU GDPR, the Federal Data Protection Act (BDSG) and all other relevant legal provisions only for the purposes stated in this data protection declaration.

The data processing of your personal data, which you provide to us by email, contact form, telephone, etc., takes place on your request. You give us your voluntary consent for the purpose of contacting us. You are not obliged to provide us with your personal data. But without providing a valid email address or an address or a telephone number, we cannot process your request.

We collect the following information to process and process your request:

  • Salutation, first name, last name,

  • a valid email address,

  • Address,

  • Telephone number (landline and / or cellular network),

  • Bank details.

The collection of your personal data takes place

  • in order to be able to identify you as our customer and to be able to assign your request,

  • to answer, handle and process your request,

  • for correspondence with you,

  • for invoicing,

  • to process any liability claims that may exist and all sub-steps of sales,

  • for mailing for advertising purposes, ie we inform you about offers, new products from our range, news and general information about us,

  • When you register for the newsletter, your e-mail address will be used for advertising purposes, ie in the context of the newsletter we will inform you in particular about products from our range, about offers and news. For statistical purposes, we can evaluate which links are clicked in the newsletter. We cannot tell which specific person clicked. Your e-mail address will only be saved for the duration of the desired registration for the newsletter dispatch.

We adhere to the principles of data avoidance and data economy. We therefore only store your personal data for as long as this is necessary to achieve the above-mentioned purposes or if we are legally obliged to do so or you have consented to storage beyond the statutory storage periods. After the respective purpose or expiry of the statutory storage periods, the personal data collected by us will be deleted.

3. Transfer of data to third parties

A transfer of your personal data to third parties for purposes other than those listed below does not take place.

We will only pass on your personal data to third parties if

  • You have given your express consent

  • the processing is necessary for the performance of a contract with you or to carry out pre-contractual measures,

  • the processing is necessary to fulfill a legal obligation. This includes in particular the transfer to suppliers, debt collection companies, lawyers and courts.

4. Rights of data subjects

You have the right:

  • In accordance with Art. 7 Para. 3 GDPR, you can withdraw your once given consent to us at any time. As a result, we are no longer allowed to continue the data processing based on this consent in the future;

  • to request information about your personal data processed by us in accordance with Art. 15 GDPR. In particular, you can obtain information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to correction, deletion, restriction of processing or objection, the existence of a The right to lodge a complaint, the origin of your data, if we have not collected it, as well as the existence of automated decision-making including profiling and, if applicable, meaningful information on their details;

  • in accordance with Art. 16 GDPR, to immediately request the correction of incorrect or incomplete personal data stored by us;

  • to request the deletion of your personal data stored by us in accordance with Art. 17 GDPR, unless processing to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims is required;

  • In accordance with Art. 18 GDPR, to request the restriction of the processing of your personal data if you dispute the correctness of the data, if the processing is unlawful, but you refuse to delete it and we no longer need the data, but you need it to assert or exercise it or if you need to defend legal claims or you have objected to processing in accordance with Art. 21 GDPR;

  • in accordance with Art. 20 GDPR, to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request transmission to another person responsible and

  • to complain to a supervisory authority in accordance with Art. 77 GDPR. As a rule, you can contact the supervisory authority of your habitual place of residence, your place of work or the place of the alleged violation.

5. Right to object

If your personal data are processed on the basis of legitimate interests in accordance with Art. 6 Para. 1 S. 1 lit.f GDPR, you have the right to object to the processing of your personal data in accordance with Art. that arise from your particular situation.

If you would like to exercise your right of objection, an email to is sufficient

info@vineyard-cloud.om .

6. Data transfer to a third country

Should we or a third party transfer personal data to service providers outside the European Economic Area (EEA), the transfer will only take place if the EU Commission has confirmed an adequate level of data protection for the third country or other appropriate data protection guarantees (e.g. binding internal data protection regulations or EU standard contractual clauses). available.

7. Changes to our data protection regulations

We reserve the right to adapt this data protection declaration so that it always complies with current legal requirements or to implement changes to our services in the data protection declaration, e.g. when introducing new services.

Data protection declaration for the use of Google Analytics

Purchase contract hardware

 

 

The following contract between the provider and his customer regulates the conditions for the purchase of GPS transmitters (devices).

 

§ 1 subject matter of the contract

 

(1) The customer purchases the devices specified in the order form (hereinafter also referred to as products) from the provider. The order form is part of the contract.

 

(2) For the hardware, the customer receives the instruction manual provided and provided by the manufacturer.

 

(3) Setting up, installing or establishing technical operational readiness are not part of this contract. They can be provided by the provider on request, but are subject to a separate agreement. At the customer's request, a separate agreement can be made on other services provided by the provider (advice, instruction, training).

 

(4) The customer only acquires ownership of the hardware once the fee invoiced for it has been paid in full.

 

§ 2 delivery, force majeure, transfer of risk

(1) Delivery is free domicile to the domestic address specified in the order form. Deliveries abroad are made according to a separate agreement on the purchase note.

 

(2) When the products are handed over to the carrier appointed by the provider, the risk of accidental loss or deterioration of the products is transferred to the customer. At the customer's written request, the provider will take out appropriate freight insurance at the customer's expense.

 

(3) The delivery period can be found on the order form.

 

(4) If the provider, despite exercising reasonable care, is prevented from fulfilling his obligation due to force majeure, in particular due to the occurrence of unforeseeable, extraordinary circumstances (e.g. energy supply difficulties, strikes or lockouts, operational disruptions), the delivery period is extended appropriately. If the supplier is unable to deliver and perform in these cases, the supplier is released from his performance obligations.

 

§ 3 obligations of the customer

(1) The customer ensures that the GPS transmitters can be delivered properly at the agreed delivery time.

 

(2) The customer will commission the GPS transmitter independently upon receipt.

 

(3) The customer is obliged to check the contractual products for proper function and completeness immediately after delivery. The customer will immediately notify the provider of any defects, if possible in writing and, if reasonable, in a form that is comprehensible to the provider (inspection and notification obligation). In the case of defects that only become apparent later, § 5 Clause 3 and § 5 Clause 4. In the event of a breach of the duty to inspect and notify, the delivery is deemed approved with regard to the respective defect.

 

(4) In the event of any complaints by the customer, the latter enables and grants the provider and his staff unimpeded access to the corresponding devices / rooms.

 

§ 4 remuneration

(1) The customer pays the provider the remuneration shown in the order form plus statutory VAT.

 

(2) Unless otherwise agreed, the amounts invoiced are due immediately. If the customer does not pay the agreed remuneration or only partially, he will be in default no later than 30 days after the due date.

 

(3) If the customer does not pay or does not pay on time, the provider is entitled to charge interest on the customer's outstanding monetary debt at a rate of 9 percent above the base rate from default.

 

(4) A loss of the contractual item for which the provider is not responsible after the risk has passed to the customer does not affect the customer's payment obligation.

 

§ 5 Material and legal defects

(1) There is a material defect if the contractual objects do not have the properties specified in § 1 or are not suitable for the contractually agreed use.

 

(2) The customer is not entitled to any claims for defects when he purchases the products

 

  • has changed or

  • had it changed by third parties or

  • used with products other than those given,

 

unless the customer can prove that the material defect already existed at the time of delivery. If analysis and processing expenses on the part of the provider are significantly increased in these cases, the customer must reimburse the corresponding additional expenses.

 

(3) Claims due to defects in the products become statute-barred one year after delivery, unless they are claims due to injury to body, life and health or intent or gross negligence.

 

(4) Any defects that become known and that occur are to be reported by the customer in writing, if possible, and immediately after discovery. The buyer should document the defects to the provider in a way that is as comprehensible as possible.

 

(5) In the event of a defect, the provider will provide subsequent performance free of charge within a reasonable period in accordance with the following provisions.

The supplementary performance can be carried out either by repair or by a new delivery, at the option of the provider. The customer is entitled to demand a certain type of supplementary performance if the other form of supplementary performance is unreasonable for him.

The supplier can also remedy the defect through telephone, written or electronic instructions to the customer.

The provider bears the expenses necessary for the purpose of the supplementary performance, in particular transport, travel, labor and material costs.

Any additional expenses incurred by the provider as a result of the fact that the customer has moved the products to a location other than the customer's seat mentioned above will be borne by the customer.

If it turns out that the complaint was unjustified, the provider can demand reimbursement of the expenses incurred, provided that the customer acted at least negligently.

 

(6) If the supplementary performance fails and the customer has set a reasonable period of time that allows at least two attempts at rectification, the customer can either withdraw from the contract or reduce the leasing fee. The subsequent performance is not considered to have finally failed after the second unsuccessful attempt at rectification; rather, the provider is free to choose the number of subsequent performance attempts during the period set by the customer, provided this is reasonable for the customer.

 

(7) The setting of a deadline by the customer is unnecessary if this is no longer reasonable for the customer, in particular if the provider has finally and seriously refused the supplementary performance.

 

(8) In addition, if the provider is at fault, the customer can claim damages instead of performance or reimbursement of expenses.

 

(9) The right to withdraw from the contract and the right to compensation in lieu of the entire service only exist in the case of significant defects.

 

(10) In the event of a justified withdrawal on the part of the customer, the provider is entitled to demand appropriate compensation for the use of the products made by the customer until they are reversed. This compensation for use is determined on the basis of a total of two years of use, with a reasonable deduction for the impairment due to the defect that led to the withdrawal.

 

(11) If the provider fraudulently concealed a defect or assumed a guarantee for the quality, the statutory provisions on material and legal defects and their statute of limitations remain unaffected.

 

§ 6 Guarantee

(1) If the manufacturer of the contractual products provides a guarantee, the provider will pass this on to the customer. For these cases, a guarantee card is enclosed with the products, which the customer must sign and return to the provider. The scope of any guarantee given can be found in the order form in conjunction with. the manufacturer's warranty card.

 

(2) In order to safeguard the guarantee claims, the customer will contact the manufacturer directly in the event of faults / defects that are covered by the guarantee and observe the manufacturer's guarantee provisions, in particular the integrity of the contract hardware, the type of notification, etc. .

 

(3) In the case of Section 2, the customer will in any case also inform the provider with regard to the possible assertion of claims and keep him informed about the handling of the guarantee by the manufacturer.

 

(4) The provider allows the manufacturer's warranty conditions to apply to himself insofar as, on the one hand, the limitation period for liability due to material defects only begins with knowledge of the warranty conditions and, on the other hand, this period is due to the manufacturer's examination, rectification and replacement is inhibited until these efforts are finally completed.

 

§ 7 liability

(1) The provider has unlimited liability

 

  • in the event of willful intent or gross negligence,

  • for injury to life, limb or health,

  • according to the provisions of the Product Liability Act and

  • to the extent of a guarantee assumed by the provider.

 

(2) In the event of a slightly negligent breach of an obligation, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the customer can regularly rely (so-called cardinal obligation), the liability of the provider is limited to the amount of damage that occurs after is predictable and typical of the type of business in question.

 

(3) The provider does not have any further liability. In particular, the provider is not liable for initial defects unless the requirements of Paragraphs 1 and 2 are met.

 

(4) The above limitation of liability also applies to the personal liability of employees, representatives and organs of the provider.

 

§ 8 Place of jurisdiction, offsetting and rights of retention, exclusion of UN sales law, place of performance

(1) If the customer is a businessman or a legal entity under public law, the place of jurisdiction for all disputes arising from and in connection with this is the registered office of the service provider

 

(2) The customer can only offset against claims of the provider with undisputed or legally binding claims. The exercise of a right of retention that is not based on a right from this contractual relationship is ineffective.

 

(3) This contract is subject to German law. The UN sales law is excluded.

 

(4) The place of performance for the provider's services is at the provider's registered office.

 

§ 9 completeness, written form

(1) All agreements between the parties are contained in this contract document. There are no further agreements.

 

(2) Changes and additions to this contract must be made in writing.

ContaCt

St.-Anna-Str. 203

76835 Burrweiler

​​

Tel: +49 6345 949 29 35

 

info@vineyard-cloud.com

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