LUTZ
SYSTEMS
Lutz Systems GmbH
Privacy Policy & Terms and Conditions
Privacy Policy
Welcome to our website! We attach the utmost importance to protecting your data and safeguarding your privacy. Below, we would like to explain what data we process, when, for what purpose, and on what legal basis. The aim is to explain how the services we offer work and how the protection of your personal data is ensured in this process.
According to Article 4(1) of the GDPR, personal data means any information relating to an identified or identifiable natural person. A natural person is considered identifiable if they can be identified, directly or indirectly. Further information on this can be found, amongst other places, in Article 4(1) of the GDPR.
Where we cite our legitimate interest or the legitimate interest of a third party (Article 6(1)(f) of the GDPR) as the legal basis for the processing of personal data, you have the right to object in accordance with Article 21 of the GDPR.
We do not transfer your data to third parties for purposes other than those listed below. We only disclose your data to third parties if and to the extent that you have given your express (and revocable at any time) consent to do so, or where such disclosure is permitted under the provisions of the GDPR.
In accordance with Article 21(1) and (2) of the GDPR
You have the right to object to the processing of your personal data at any time. We will not process your personal data following an objection unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to establish, exercise or defend legal claims (see Article 21(1) of the GDPR, the so-called ‘right to object with restrictions’). In this case, you must provide reasons for your objection that arise from your particular situation.
In the text below, we will draw your attention to the right to object in the individual sections with the note “You have the right to object”, provided that this right applies. There you will also find further information on how to exercise your right to object.
Data Controller
The data controller within the meaning of Article 4(7) of the GDPR for the processing of personal data is:
Lutz Systems GmbH
Rinnener Sträßle 97
74523 Schwäbisch Hall
+49 791 4072498
Data security
We protect our website and other systems against the loss, destruction, unauthorised access, alteration or disclosure of your data by unauthorised persons through technical and organisational measures. However, despite regular checks, it is not possible to provide complete protection against all risks.
SSL or TLS encryption
This website uses SSL or TLS encryption for security reasons and to protect the transmission of confidential information, such as orders or enquiries that you send to us as the website operator. You can recognise an encrypted connection by the fact that the address bar of your browser changes from “http://” to “https://” and by the padlock symbol in your browser bar.
When SSL or TLS encryption is enabled, the data you transmit to us cannot be read by third parties.
Automated individual decision-making and profiling
No automated decision-making or profiling takes place on our website.
Data collection on our website
Below you can find out where and why we collect your personal data.
Log-Files
Every time you visit our website, we automatically collect data and information from your device’s system and store it in so-called server log files. This data consists of information relating to an identified or identifiable natural person (in this case: website visitors). The data is automatically transmitted by your browser when you visit our website. The following details are recorded:
The time of your visit to our website (request to the host provider’s server),
The URL of the website from which you accessed our website,
The operating system you are using,
The type and version of the browser you are using,
Your computer’s IP address (the IP address is stored in pseudonymised form).
The purpose of this processing is to enable our website to be accessed from your device and to ensure that our website is displayed correctly on your device or in your browser. Furthermore, we use the data to optimise our website and to ensure the security of our systems.
The legal basis for the processing is Article 6(1)(f) of the GDPR. We have a legitimate interest in presenting you with a website optimised for your browser and in enabling communication between our server and your device. The processing of your IP address is necessary in particular for the latter.
We store this data for one month.
Right to object
You have the right to object. You may send or notify us of your objection at any time. Please use the contact details of the website’s data protection officer for this purpose.
Cookies
Our website uses cookies. These are text files that are stored on your device to make using a website more convenient. Cookies can be used to store entries and settings on a website, so that you do not have to re-enter them every time you visit the site. Cookies contain a so-called cookie ID, which makes it possible to identify the device on which the cookie is stored.
Most of the cookies we use are so-called “session cookies”. They are automatically deleted at the end of your visit. Other cookies remain stored on your device until you delete them. These cookies enable us to recognise your browser on your next visit.
The purpose of this processing is to make your use of our website convenient and to offer you the option of saving your settings.
The legal basis for the processing – insofar as personal data is concerned – is Article 6(1)(f) of the GDPR. We have a legitimate interest in presenting you with a website that saves your personal settings and makes your visit to our website easier.
Contact form
Our website contains one or more contact forms which you can use to contact us electronically. When you contact us via these contact forms, we process the data you enter in the input fields.
You have expressly consented to the processing of this data before submitting your enquiry.
We treat mandatory and voluntary information equally. The mandatory information is necessary to contact you and process your enquiry.
When you submit the message, the following data is also stored:
Your IP address
Date and time of submission
The purpose of processing personal data is to process the contact enquiry and to be able to contact the enquirer to respond to their request. The other personal data processed during submission serves to prevent misuse of our contact form.
The legal basis for the processing of personal data described here is Article 6(1)(f) of the GDPR. Our legitimate interest is to offer you the opportunity to contact us at any time and to be able to respond to your enquiries.
Personal data will only be processed for as long as is necessary to provide this service.
Terms and Conditions
As of August 2024
1. Scope
1.1. These General Terms and Conditions of Sale apply to all deliveries of products (“Products”) and the related services provided by Lutz Systems GmbH (“Lutz Systems”), Rinnener Sträßle 97, 74523 Schwäbisch Hall. These General Terms and Conditions of Sale also apply to all future transactions with the customer, provided that such transactions are of a similar nature.
1.2. The offers made by Lutz Systems are directed at customers (“Customers”) who are entrepreneurs (Section 14 of the German Civil Code (BGB)), legal entities under public law or special funds under public law. Sales to consumers (Section 13 of the German Civil Code (BGB)) are excluded.
1.3. Lutz Systems is prepared to conclude a contract exclusively on the basis of these General Terms and Conditions of Sale. The Customer’s general terms and conditions shall not apply. This shall also apply even if Lutz Systems does not expressly object to the Customer’s general terms and conditions in individual cases.
1.4. Individual agreements made with the Customer on a case-by-case basis (including ancillary agreements, supplements and amendments) shall in all cases take precedence over the General Terms and Conditions of Sale set out herein. Subject to proof to the contrary, a written contract or written confirmation by Lutz Systems shall be decisive for the content of such agreements.
2. Quotations and Acceptance, Content of the Contract
2.1. Quotations issued by Lutz Systems are always subject to change unless they are designated as binding, and are to be understood as an invitation to the customer to submit a quotation (order) in return. Orders placed by the customer shall only be deemed accepted once they have been confirmed in writing by Lutz Systems. Lutz Systems is under no obligation to accept orders from the customer.
2.2. The contract is concluded upon acceptance of the order by Lutz Systems. The written confirmation from Lutz Systems is solely decisive for the content of the contractual relationship. In the event that the contract is concluded by means of a jointly signed contract document, the contract is concluded upon signature of the same.
2.3. Verbal statements shall not form part of the contract unless explicitly agreed otherwise.
3. Product Quality
3.1. The required quality of the products is determined exclusively by the agreed-upon product specifications. Any subjective or objective requirements beyond the agreed-upon product specifications are excluded.
3.2. The customer bears the risk associated with the use of the products. This applies in particular to the legal admissibility of the products’ use in the respective country of operation.
3.3. The characteristics of samples and specimens are binding only to the extent that they have been expressly agreed upon as the quality of the products.
3.4. Minor deviations from the product specifications are permissible, unless such deviations would have a negative impact on the product characteristics.
3.5. Lutz Systems is entitled to replace raw materials and components with alternative raw materials or components, provided that no specific raw materials or components have been agreed upon and as long as the agreed-upon product specifications are met.
3.6. Unless explicitly agreed upon, accessories or instructions are not provided. Instructions provided by Lutz Systems are for informational purposes only and do not constitute an agreement regarding the corresponding contractual quality of the products nor do they imply a contractual suitability for use.
3.7. Statements regarding quality and durability, as well as other information, constitute guarantees only if they are expressly agreed upon and designated as such.
4. Delivery
4.1. Deliveries by Lutz Systems shall be made within the delivery period agreed in writing from the agreed places of performance. Delivery dates provided by Lutz Systems are always approximate unless they are explicitly designated as
binding.
4.2. Delivery dates are always subject to Lutz Systems receiving proper delivery from its suppliers. This applies provided that Lutz Systems has entered into possible and reasonable covering transactions. In the event of non-delivery, Lutz Systems is entitled to cancel the corresponding orders of the Customer. Lutz Systems shall immediately notify the Customer of any unavailability of the products and, in such a case, shall refund any payments already received from the Customer.
4.3. Lutz Systems is entitled to make and invoice partial deliveries, provided that the partial delivery is usable by the customer within the scope of the contractual purpose, the delivery of the remaining ordered products is ensured, and this does not result in any significant additional effort or costs for the customer (unless Lutz Systems agrees to bear these costs).
4.4. If, at the customer’s request, the products are shipped to the customer or to another delivery location, the risk of accidental loss or accidental deterioration of the products shall pass to the customer upon
dispatch by Lutz Systems, or at the latest when the products leave the distribution warehouse. This applies regardless of whether the products are shipped from the place of performance or who bears the shipping costs.
4.5. The customer must report complaints regarding transport damage directly to the carrier
with a copy to Lutz Systems within the specific time limits provided for this purpose.
4.6. In the event that agreed delivery dates are exceeded, the customer is entitled to withdraw from the contract after setting a reasonable grace period.
4.7. The installation and commissioning of the products are not part of the delivery and are only required if this has been separately agreed upon.
5. Customer’s Obligations to Cooperate, Provision of Materials
5.1. The customer is obligated to support Lutz Systems in the performance of agreed-upon services. In particular, these obligations include the timely provision of all customer-specific data, as well as the proactive communication of all information necessary for the execution of the order.
5.2. If the customer fails to fulfill these obligations, agreed-upon delivery dates and deadlines shall be postponed accordingly. Lutz Systems is entitled to invoice the customer for any costs incurred as a result.
5.3. The customer is responsible for product specifications and materials provided, including product designs, graphics, and logos. Lutz Systems does not review these materials.
6. Defects and Warranty
6.1. The customer’s warranty rights shall require that the customer has properly fulfilled its obligations to inspect the goods and notify defects in accordance with Section 377 of the German Commercial Code (HGB).
6.2. Defects must be reported by the customer to Lutz Systems in writing within ten (10) days; later notices of defects shall not be recognized by Lutz Systems. In the case of obvious defects, the period shall commence upon delivery; in the case of hidden defects, upon discovery.
6.3. If the delivered product is defective and such defect already existed at the time the risk passed, Lutz Systems shall, subject to timely notice of defects, at its discretion either remedy the defect or deliver replacement goods. Lutz Systems shall always be granted the opportunity to perform subsequent fulfillment within a reasonable period of time. Lutz Systems shall be entitled to charge the customer for any costs incurred as a result of culpably unjustified notices of defects.
6.4. Products reported to Lutz Systems as defective may only be returned or placed back into circulation by the customer with the prior written consent of Lutz Systems. Reported products must remain available for inspection by Lutz Systems until the matter has been conclusively resolved.
6.5. Warranty rights shall be excluded if and to the extent that the defect is based on product specifications, supplied raw materials, goods, or other items provided by the customer. The same shall apply if and to the extent that the products are used contrary to their intended purpose or contrary to the instructions of Lutz Systems, or are improperly stored.
6.6. Claims for material defects shall become time-barred within 12 months after delivery of the products.
7. Liability and Indemnification
7.1. Lutz Systems shall be liable in cases of intent and gross negligence in accordance with statutory provisions. In cases of damages caused by ordinary negligence, Lutz Systems shall only be liable for the breach of an essential contractual obligation, the fulfillment of which is fundamental to the respective contract and on the observance of which the other party was entitled to rely (cardinal obligation), however limited in amount to the foreseeable and contract-typical damages existing at the time of contract conclusion. Any further liability is excluded.
7.2. Liability for indirect damages (e.g. loss of profit, business interruption) is excluded.
7.3. The above exclusion and limitation of liability shall not apply (i) in cases of injury to life or body, (ii) in cases where liability arises under the German Product Liability Act, (iii) within the scope of an assumed guarantee, or (iv) in cases of fraudulent intent.
7.4. Claims for damages shall become time-barred within one year from the date the claim arises; in the case of defects, within one year from the transfer of risk. In cases of intent, gross negligence, and in the cases referred to in the preceding paragraph, the statutory limitation periods shall apply.
7.5. The customer shall indemnify and hold harmless Lutz Systems, its executive bodies, employees, and agents from and against all costs and damages, including reasonable legal enforcement costs, arising from product specifications, product designs (including graphics and logos), supplied materials, or instructions provided by the customer.
8. Prices and Payments
8.1. Unless otherwise agreed in writing, the agreed prices shall apply ex works, excluding packaging and plus value added tax (VAT) at the applicable statutory rate. Packaging costs shall be invoiced separately.
8.2. If at least three (3) months elapse between the order and delivery and the production costs (e.g. raw materials, energy) increase by at least five (5) percent during this period, Lutz Systems shall be entitled to pass on corresponding price increases to the customer.
8.3.
Unless otherwise agreed in writing, payment of the purchase price shall be made net within fourteen (14) days of receipt of the invoice exclusively to the specified account. Deductions for cash discounts shall only be permitted if expressly agreed in writing.
8.4. If the payment deadline is exceeded, Lutz Systems shall be entitled to charge default interest and lump-sum default fees in accordance with statutory provisions without requiring any further reminder notice. The right to claim further damages caused by default remains reserved.
8.5. If the customer is in default of payment obligations towards Lutz Systems for more than fourteen (14) days, all outstanding claims shall become immediately due and payable. Furthermore, Lutz Systems shall be entitled to require advance payment for future deliveries.
8.6. Lutz Systems shall be entitled to withhold partial deliveries as well as outstanding deliveries to the customer until all outstanding claims against the customer have been settled.
8.7. Price changes by suppliers of Lutz Systems shall remain reserved in all cases and may be passed on to the customer. The same shall apply to increases in production costs. Upon the customer’s request, Lutz Systems shall provide evidence of the corresponding price increases.
9. Retention of Title
9.1. All delivered products shall remain the property of Lutz Systems until the customer has settled all outstanding claims in full.
9.2. Upon request by Lutz Systems, the customer shall be obliged to adequately insure the goods subject to retention of title against damage, loss, and theft.
9.3. In the event of default in payment, Lutz Systems shall be entitled to temporarily repossess the products subject to retention of title without the need to withdraw from the contract.
10. Force Majeure
If events and circumstances beyond the control of Lutz Systems (such as natural events, war, labor disputes, shortages of raw materials and energy, transport and operational disruptions, cyberattacks, fire and explosion damage, epidemics or pandemics, sovereign measures, and official orders) reduce the availability of goods from the facility from which Lutz Systems sources the goods, so that Lutz Systems is unable to fulfill its contractual obligations (taking into account proportional consideration of other internal or external supply obligations), Lutz Systems shall (i) be released from its contractual obligations for the duration of the disruption and to the extent of its effects, and (ii) not be obliged to procure the goods from third parties.
Sentence 1 shall also apply if such events and circumstances render the execution of the affected transaction for Lutz Systems permanently uneconomical or occur at Lutz Systems’ upstream suppliers. If such events last longer than three (3) months, Lutz Systems shall be entitled to withdraw from the contract.
11. Miscellaneous
11.1. This contract and the entire legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and its conflict of law provisions.
11.2. The place of performance and exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of Lutz Systems, unless otherwise stated in the order confirmation. Lutz Systems shall remain entitled to bring claims against the customer at its general place of jurisdiction.
11.3. Should any provision of this contract, including this clause, be or become wholly or partially invalid, the validity of the remaining provisions or parts thereof shall remain unaffected. In place of the invalid provisions, the applicable statutory provisions shall apply.