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English version below translated via DeppL.
Please note that only the German version is authoritative.
1. SCOPE OF APPLICATION AND SUBJECT MATTER OF THE CONTRACT
1.1 These General Terms and Conditions of Drinks Ventures GmbH (hereinafter referred to as the "Company") shall apply exclusively. The customer recognises them by placing an order or accepting the delivery or service. Deviating terms and conditions of the customer - insofar as they are not contained in the respective offers of the company and the written order confirmation - shall not apply unless the company has expressly agreed to them. These General Terms and Conditions shall also apply if the Company carries out the delivery in the knowledge of conflicting or deviating terms and conditions of the Customer. All agreements made between the Company and the Customer for the purpose of executing this contract are set out in writing in this contract.
1.2 These General Terms and Conditions shall only apply to entrepreneurs within the meaning of § 310 para. 1 BGB (German Civil Code). These Terms and Conditions shall also apply to all future transactions with the customer. If it becomes apparent after conclusion of the contract that our claim for payment is jeopardised by the customer's inability to pay, the company shall be entitled to demand securities within a reasonable period of time. If the customer does not fulfil this request, the company is entitled to withdraw from the contract without compensation.
1.3 The subject matter of the contract is the preparation and bottling of the contractually agreed beverages in the agreed quantity by the Company. The customer shall deliver the ingredients required for preparation on the contractually agreed delivery date and collect the filled bottles on the contractually agreed collection date. Filling takes place in containers, the type and size of which is specified with each order. Preparation is carried out solely on the basis of the mixing instructions provided by the customer and with the ingredients supplied by the customer.
2. OFFERS - CONCLUSION OF CONTRACT
2.1 The Company's offers are non-binding, unless expressly agreed otherwise in writing. The prices stated in the offer and in the order confirmation are net prices. The value added tax applicable on the day of delivery/service shall be added to them. Declarations of acceptance, orders and order confirmations must be in text form. Verbal agreements before and after conclusion of the contract are only binding if they are confirmed in writing by the company. The delivery note or goods invoice shall also be deemed to be a declaration of acceptance or order confirmation if the Company fulfills the order within the acceptance period. The Company is not obliged to accept orders from the Customer. Silence on the part of the Company shall not be deemed a declaration of intent.
2.2 Any ambiguities or incompleteness in the specification shall always be borne by the customer. Samples are non-binding. Subsequent changes require written agreement. In particular, no guarantee is given that the service is suitable for the purpose intended by the customer. If technical regulations are to be included in the contract or certain properties are to be specifically guaranteed, this requires an express agreement in text form.
2.3 Technical application advice and other written and verbal advice provided by the company shall not be binding. The properties, in particular the quality and durability of the delivery items shall be determined exclusively in accordance with the product information printed on the respective labels and packaging. An assurance or guarantee of the aforementioned product characteristics requires the written form. Properties of the delivery items that go beyond the aforementioned product properties shall only be deemed agreed if this is confirmed separately by the company in text form.
2.4 We reserve the right to make changes to recipes, in particular due to changes in food regulations.
2.4.1 Mandatory components of each recipe are the quantities of the components in KG per 1,000 litres, Brix, pH value, density, alcohol content (if alcoholic beverage) and CO₂ content in the finished product.
2.4.2 If residual quantities remain as part of the bottling process, the 5% residual rule applies. This states that if the residual quantity is less than 5% of the packaged quantity, the raw materials are automatically discarded and removed from the accounts. For example: RM (raw material) in a 1 kg container and less than 0.05 kg remains in the container: in this case, this raw material is discarded.
3. PRICES
3.1 The prices agreed individually between the company and the customer shall apply.
3.2 In addition, the following price regulations shall apply to the contract:
3 hours are included in the calculation for blending. If more time is required due to the recipe/blending instructions or the raw materials, € 104.00 per additional hour will be charged.
In the event that one or more additional main cleanings are required due to the products to be used (water fillings, alcohol, allergens, CBD, etc.), a flat-rate contribution of € 1,500.00 (subject to change) will be charged for the associated costs (plant downtime, time and effort, etc.).
If disposal costs are incurred for finished goods or raw materials, these will be invoiced at € 0.50 / KG, plus transport costs to the disposal facility of € 18.00 per pallet and a handling fee of € 20.00 per product. Disposal costs under customs supervision will be invoiced according to time and material.
A possible production overrun or underrun of up to 10% per film order is accepted.
The following hourly rates apply for production downtime, production delays and additional labour requirements:
Line downtime per hour € 1,500.00
Production management per hour € 160.00
Production office per hour € 83.00
Production staff per hour € 63.00
Graphic support per hour € 160.00
4 . DELIVERY OF THE FINISHED PRODUCTS BY THE COMPANY
4.1 In principle, the finished products are collected from the company by the customer.
4.2 Delivery to the customer must be expressly agreed between the parties in advance. In this case, the customer shall bear the delivery costs
4.2.1 Delivery and export deadlines are approximate and non-binding. Agreements on binding delivery dates must be made in text form and must expressly state that they are binding.
4.2.2 The customer shall pay demurrage if the goods ready for dispatch remain in the company's storage facilities beyond the dispatch date agreed with the customer.
5 . TRANSFER OF RISK
5.1 Unless otherwise agreed, the risk shall pass to the customer when the goods are ready for delivery at the supplying plant or the company's warehouse.
5.2 If delivery to the customer has been agreed, the risk shall pass to the customer at the latest when the goods are handed over to the carrier. Otherwise, the risk shall pass to the customer if the dispatch or delivery of the goods is delayed for reasons for which the customer is responsible or if the customer is in default of acceptance. 5.2.1 If the customer accepts the service without complaint, it shall be assumed that the packaging of the delivery was in perfect condition at the time of handover to the carrier.
5.3 The customer shall bear the risk during the return transport, insofar as the return transport takes place after a cancellation by the customer due to a breach of duty by the customer or as a gesture of goodwill by the company.
5.4 Unless otherwise agreed, transport and other packaging shall not be taken back by the Company. The Customer shall be responsible for compliance with the requirements of the German Packaging Ordinance and shall - unless otherwise agreed - bear the costs of packaging.
5.4 Unless otherwise agreed, transport and other packaging shall not be taken back by the company. The Customer shall be responsible for compliance with the requirements of the German Packaging Ordinance and shall bear all necessary packaging costs, unless otherwise agreed.
5.5 The Company is authorised, but not obliged, to insure deliveries in the interest and at the expense of the Customer.
6 . NOTICE OF DEFECTS AND WARRANTY
6.1 . Notwithstanding any statutory obligations to inspect and give notice of defects, the Customer shall notify the Company in writing of any material defects (including, but not limited to, damage to the packaging and deviations in quantity) immediately after the transfer of risk, otherwise the Company's performance shall be deemed approved. The notification of defects must contain the type and scope of the complaints at least in general terms.
6.2 Hidden defects, i.e. defects that cannot be detected during a normal incoming goods inspection, must be reported immediately after their discovery.
6.3 On request, samples of the rejected goods or services must be sent immediately. The costs plus all expenses which the Company may consider necessary for the processing and examination of the complaint shall be borne by the Customer, insofar as the defectiveness is not confirmed and the Customer is responsible for the unjustified complaint.
6.4 It is the customer's responsibility to check the company's performance for its suitability for the intended purpose and the given conditions of use. This shall also apply if the service is generally recommended for a specific purpose. Liability on the part of the company, irrespective of the legal grounds, is excluded insofar as damage is based on a breach of the aforementioned inspection obligations of the customer.
6.5 Warranties of properties of the goods or services must be made in writing. Information in advertising material is non-binding and does not constitute a warranty.
6.6 Deviations in the quality of the goods are not defects of the goods, provided that they do not significantly impair the usability of the delivery item for the contractually intended purpose when used or processed properly. The company does not guarantee that deliveries are completely uniform in colour and shape or that they correspond to samples or specimens.
6.7 Insofar as a duly filed notice of defects is justified, the Company shall be entitled to make a replacement delivery at its discretion in the case of entrepreneurs. The right to replacement delivery does not exist if and insofar as the customer asserts recourse claims in accordance with § 479 para. 1 or para. 2 BGB. If the replacement delivery fails, the customer shall be entitled to the statutory warranty rights, unless otherwise stipulated in these Terms and Conditions of Delivery.
6.7.1 Repairs or replacement deliveries are always made as a gesture of goodwill and without recognising any legal obligation. An acknowledgement with the consequence of a new start of the limitation period shall only exist if the company expressly declares this to the customer.
6.7.2 Claims of the customer for expenses incurred for the purpose of subsequent performance, in particular transport, travel, labour and material costs, are excluded if the expenses increase because the object of the delivery has subsequently been taken to a place other than the customer's branch office, unless the transfer corresponds to its contractual use.
6.7.3 Recourse claims of the customer against the company are excluded insofar as they are based on the fact that the customer has made agreements with his buyer which go beyond the statutory warranty provisions.
6.8 If the customer is an entrepreneur, the warranty period for the purchase of new goods is one year from delivery, unless the law provides for a longer period. Warranty rights for the purchase of used goods are excluded if the customer is an entrepreneur.
7 . RETENTION OF TITLE
7.1 The items handed over by the company to the customer (reserved goods) remain the property of the company until full payment of the purchase price and all claims to which the company is entitled against the customer arising from the business relationship.
7.2 If the goods subject to retention of title are combined, mixed or blended with the customer's beverages or other items or if they are processed or treated by the customer, the company shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the value of the new item.
7.3 . The customer shall only be entitled and authorised to resell the goods subject to retention of title in the ordinary course of business and only on condition that the claims specified below are transferred to the company and ownership is only transferred to the customer's contractual partner when the latter has fulfilled its payment obligations in full. The customer is not authorised to dispose of the reserved goods in any other way, in particular by pledging them or transferring them by way of security.
7.4 . The customer hereby assigns to the company all claims arising from the sale of the reserved goods or the combination or mixing of the reserved goods with other items (including all current account balance claims) in the amount of the value of the reserved goods with all ancillary rights and priority over the rest. The company accepts the assignment. The value of the reserved goods is the invoice amount of the Company plus a security surcharge of 10 %, which, however, shall not be taken into account insofar as it conflicts with the rights of third parties.
7.5 . The Company revocably authorises the Customer to collect the claims assigned to the Company for its account in its own name as long as the Customer meets its obligations to the Company, is not in default of payment and no application for the opening of insolvency or composition proceedings has been filed. At the Company's request, the Customer shall name the debtors of the claims assigned to the Company, notify them of the assignment, provide all information about the assigned claims required for collection and hand over the documents required for collection. The company is also authorised to notify the debtors of the assignment.
7.6 . If the Customer is in default of payment, the Company shall be entitled to demand the return of the goods if it has set a reasonable deadline for performance to no avail. The repossession or seizure of the reserved goods by the Company shall not constitute a cancellation of the contract. After taking back the goods, the company is authorised to realise them to the best possible extent. The realisation proceeds shall be offset against the customer's liabilities - less reasonable realisation costs. In this case, the customer's claim to remuneration shall lapse.
7.7 . If and to the extent that the securities existing in favour of the Company exceed the claims to be secured by more than 20%, the Company shall release a corresponding part of the securities at the Customer's request.
7.9 . In the event of access by third parties to the reserved goods or other security rights, the customer is obliged to point out the rights of the company and to inform the company immediately of the access.
8 . OBLIGATIONS OF THE COMPANY
8.1 . In the absence of a written instruction to the Company giving reasonable notice and particulars, the Company or its subcontractors shall not be obliged to take any special precautions or to carry out or provide for any special handling of the Goods and time shall not be of the essence for performance by the Company unless a binding time for performance has been agreed between the parties.
8.2 In the case of bulk goods, unless otherwise agreed between the parties, the Company may mix goods from the same order packed for despatch to the Customer on the carrier.
9. OBLIGATIONS OF THE CUSTOMER
9.1 The Customer represents, warrants and undertakes that:
9.1.1 . He is either the owner of the raw materials and commodities or has been authorised by the owner to accept these conditions on behalf of the owner.
9.1.2 . The Customer undertakes to supply the Company with the ingredients required for the preparation of the beverages together with the necessary mixing instructions (recipe) at its own expense and for its own account. Deviating arrangements may be made for individual cases. However, these must be in text form to be effective.
9.1.3 . The Customer shall bear the risk that the ingredients are free of defects upon delivery and until they are utilised in the context of beverage production.
9.1.4 Furthermore, the customer is obliged to inform the company to the best of its ability about the properties of the raw materials used, in particular about the behaviour of the raw materials during intermediate storage and planned further processing.
9.1.5 The customer is obliged to make the delivery on the agreed delivery date. If he fails to fulfil this obligation, the Company shall be released from the obligation to carry out the filling by the agreed collection date. In this case, the risk of the raw material value is transferred back to the customer. If the company incurs downtime costs for production facilities due to the failure to deliver on time, the company shall be entitled to charge the customer for the loss of revenue.
9.1.6 The customer alone assumes legal responsibility for the finished product.
9.1.7 The raw materials and base materials necessary to fulfil the order must be provided to the Company (and/or a person/company authorised by the Company to do so) safely and properly packaged in accordance with all applicable legal requirements, recognised standards and practices of normal business.
9.1.8 The Customer shall ensure that all Goods are and remain in a condition in which they can be safely handled, stored and/or transported and that no persons, premises, property, environment, drains or watercourses or equipment are injured, contaminated or damaged (or the possibility of such damage) or to any other property in any way.
9.1.9 . If the Company needs to process the Goods and raw materials supplied by the Customer in a particular way, they shall be delivered to the Company in a condition in which that operation or process can be carried out without further work (other than unpacking) by the Company.
9.1.10. Before the Company accepts responsibility for or with reference to the Goods, the Customer shall notify the Company in writing of all relevant matters, including any special precautions required by reason of the nature, size or shape, weight, condition or possible deterioration of the Goods and of any statutory or other requirements relevant to the Goods which the Company or others may be required to comply with and shall promptly upon invoicing pay the Company's reasonable additional costs of compliance.
9.1.11. The Customer shall immediately upon invoicing by the Company and without delay take care of any payment of duties, taxes and expenses on its Goods to enable the Company's service to run smoothly.
9.1.12. Except to the extent that the Company has been previously informed in detail and accepted in writing by the Company, the following requirements apply to the Goods provided: The Goods are not or cannot be hazardous or contaminated; they cannot pollute the environment or harm human health if they escape from their packaging; no regulatory authorisation is required for their handling, possession, use or transportation; or they are deemed to be waste at any time whilst in the Company's care or control and shall be removed immediately or disposed of, at the Customer's expense.
9.1.13. The Customer shall provide a risk assessment and/or method statement suitable for handling the Goods. If the Company transports the Goods, the Customer shall, unless otherwise previously agreed in writing, provide suitable facilities, equipment and methods for the safe and expeditious loading and unloading of the Goods at any location where they are not being transported by the Company and shall ensure the safe and expeditious loading and unloading of the Goods.
9.1.14. The Customer shall comply with all reasonable requirements of the Company relating to the handling, packing, carriage, storage or forwarding of Goods (and ancillary matters) notified to it in writing by the Company.
9.1.15. The information provided by the Customer or a representative of the Customer shall be accurate and complete. The Customer shall provide it promptly and in a format reasonably requested by or on behalf of the Company.
9.1.16. Unless otherwise agreed, the Customer shall be responsible for notifying the Company of any stock deduction order.
9.2 The Customer shall indemnify the Company against all costs, loss or damage incurred by the Company as a result of the Customer's instructions (or failure to comply with instructions or information) or in connection with any breach of the Customer's obligations or the Customer's insolvency or compliance with the instructions of any competent authority in relation to the Goods and shall bear all costs and expenses (including professional fees) incurred by the Company in dealing with such matters and their consequences. The Customer shall pay an additional fee equal to any fines or penalties payable by the Company in whole or in part as a result of the Customer's compliance with the instructions or acts or omissions. If the Company suspects a breach of the information obligations set out herein, it may refuse to accept the Goods, require their immediate removal or arrange for the removal of the Goods itself at the Customer's expense without prior notice.
10 LIABILITY
10.1 Claims of the customer for damages or reimbursement of futile expenses shall only exist in accordance with the following provisions and are otherwise excluded.
10.2 Unless otherwise stated in these Terms and Conditions, including the following provisions, the Company shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.
10.2.1 The company shall only be liable for damages - irrespective of the legal grounds - in the event of intent and gross negligence. In the event of simple negligence, the company shall only be liable for damages resulting from injury to life, limb or health,
10.2.2 In the event of damages arising from the breach of a material contractual obligation (an obligation whose fulfilment is essential for the proper performance of the contract and on whose compliance the contractual partner regularly relies and may rely), the Company's liability shall be limited to compensation for foreseeable, typically occurring damages.
10.2.3 In the event of an unintentional breach of one of the essential contractual obligations, the company shall be liable to the customer for a maximum of 100 euros per tonne. A higher liability claim must be proven by the customer.
10.3 The limitations of liability resulting from the above paragraph shall not apply if the company has fraudulently concealed a defect or has assumed a guarantee for the quality of the delivery item. The same applies to claims of the customer under the Product Liability Act.
10.4 Subject to deviating provisions in these General Terms and Conditions, the Company's liability for production downtime, loss of profit, loss of use, loss of earnings or any other consequential or indirect damage is excluded.
10.5 The Customer may only withdraw from the contract due to a breach of duty that does not consist of a defect if the Company is responsible for the breach of duty.
10.6 Insofar as the liability of the company is excluded or limited, this also applies to employees, workers, representatives and vicarious agents of the company.
11. INSURANCE
11.1 Unless expressly agreed, the Company shall not insure the Goods and the Customer shall be responsible for obtaining adequate insurance or making arrangements to insure the Goods against all insurable risks up to their full insured value (including all duties and taxes).
11.2 In the event that the parties agree that the Company shall take out insurance, the costs of doing so may be charged to the Customer.
12. EMPLOYEES, SUBCONTRACTORS AND OTHERS
12 .1 . The Company shall be entitled to subcontract all or part of its obligations on reasonable or customary terms. In such case, these Conditions shall continue to apply between the Company and the Customer. However, except in cases of urgency, the Company shall obtain the Customer's consent (which shall not be unreasonably withheld or delayed) before subcontracting storage and shall inform the Customer of the location of the Goods on request.
13. CHANGE OF THE CUSTOMER
If the Customer wishes to transfer the Goods, or any part thereof, to another person, it must give the Company prior written notice. The notification will only become effective if the proposed transferee notifies the Company in writing before the effective date of the transfer that he wishes to become a Customer. The Customer shall pay the fees for processing and changing the transferee. In any event, the Customer shall be jointly and severally liable for charges and compensation in connection with goods shipped to third party customers. The goods are subject to all liens in effect at the time of transfer.
14. TERMS OF PAYMENT, SET-OFF
14.1 Prices quoted to consumers are inclusive of statutory VAT; prices quoted to customers who are not consumers are exclusive of the applicable statutory VAT. If the contracting parties do not agree on individual prices, the price lists of the company valid at the time of the order shall apply.
14.2 The remuneration for services and other work shall also be based on the Company's price lists valid at the time the order is placed, unless the provisions of Section 3 of these Terms and Conditions apply. The price lists will be sent to the customer on request.
14.3 Unless otherwise agreed between the parties, the purchase price and other fees shall be due for payment upon delivery of the invoice. A discount deduction is only permitted if this has been expressly agreed in text form. An agreed discount deduction on new invoices is not permitted if older due invoices are still outstanding for payment. Deviating agreements on due dates and deductions must be made in text form.
14.4 If the customer is in default of payment, the company shall be entitled, without prejudice to further rights, to make further deliveries to the customer only against advance payment.
14.5 Interest on arrears shall amount to 9 percentage points above the applicable base interest rate.
14. 6 . Cheques and bills of exchange shall only be deemed payment after they have been honoured. The acceptance of bills of exchange always requires a prior agreement in text form. If bills of exchange are accepted, the bank interest and charges shall be borne and charged by the customer. They are to be paid immediately in cash.
14.7 If direct debits, cheques or bills of exchange cannot be honoured due to the fault of the customer, default of payment shall occur immediately. The company is authorised - subject to the assertion of further damages - to charge an amount of € 20.00 per culpable non-payment. The customer is entitled to prove that no damage has occurred at all or that the damage is significantly lower than the lump sum.
14.8 The customer may only offset his own claims if these claims are undisputed or have been legally established. The same applies to the exercise of rights of retention, unless the right of retention is due to wilful or grossly negligent breach of contractual obligations by the Company. Furthermore, the customer may only assert a right of retention to the extent that his rights are based on the same contractual relationship as the claims of the company against which the customer asserts the aforementioned rights.
15. COLLECTION AND DISPOSAL OF GOODS
15.1 . The goods shall be collected by the Customer at the time agreed between the parties. However, the Company may at any time by written notice to the Customer require the Goods to be removed within 14 days of the date of such notice or, in the case of perishable Goods, within 3 days or immediately in urgent cases.
15.2 . If the customer does not fulfil the condition under
15.1, the Company may, without prejudice to its other rights and remedies against the Customer, suspend the Activities and/or dispose of the Goods at the Customer's expense if they would otherwise spoil or store them at the Customer's expense.
15.3 If the Customer is in default of payment prior to collection of the Goods, the Company may serve notice on the Customer that if payment is not made within 14 days, the Goods will be sold. The Customer shall be entitled to the proceeds of the sale, less any amounts owed to the Company by the Customer.
15.4 . No such notice or act by the Company under this condition shall of itself constitute an extraordinary cancellation of the contract between the parties unless the Company expressly so states.
15.5 The time limits set out in this condition may be extended by the Company at its discretion. The Customer will be informed accordingly.
16. FORCE MAJEURE AND OTHER IMPEDIMENTS TO PERFORMANCE
16.1 Delays in delivery and performance due to force majeure and due to events which, through no fault of the Company, make the delivery or execution of the service considerably more difficult or impossible - this also includes subsequently occurring difficulties in procuring materials, operational disruptions, strikes, lockouts, personnel shortages, lack of means of transport, official orders, mobilisation, war, riots, etc. - shall be borne by the Company, even if they occur through no fault of the Company. - The Company shall not be responsible for such events, even if they occur at upstream suppliers, their sub-suppliers or subcontractors, even if binding deadlines and dates have been agreed. They shall entitle the Company to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part due to the part not yet fulfilled. This also applies if they arise during a delay that has already occurred. The company must inform the customer of such hindrances without delay. If the hindrance lasts longer than three months, the customer shall be entitled, after setting a reasonable grace period in text form, to withdraw from the contract with regard to the part not yet fulfilled, to the exclusion of all other rights.
16.2 The company shall only be in default on the basis of a reminder if this is issued in text form. A deadline for subsequent fulfilment must be reasonable. In case of doubt, a period of at least two weeks shall be deemed reasonable. The deadline must be set in text form.
16.3 Partial deliveries and their separate invoicing are permissible and cannot be rejected by the customer if the remainder is still delivered or the partial delivery is not without interest for the customer.
16.4 If the Company is in default, the Customer may - if he can credibly demonstrate that he has suffered damage as a result - demand compensation for each completed week of delay of 0.5 %, but not more than a total of 5 % of the price of the delayed delivery. Both claims for damages by the customer due to delay in performance and claims for damages in lieu of performance that exceed these limits are excluded in all cases of delayed performance, even after the expiry of any deadline set for the company to perform. This shall not apply in cases of mandatory liability based on intent, gross negligence or injury to life, limb or health. The customer may only withdraw from the contract within the framework of the statutory provisions if the company is responsible for the delay in performance. This does not imply a change in the burden of proof to the detriment of the customer.
16.5 If an agreed performance date is delayed due to circumstances for which the customer is responsible, any additional expenses incurred by the company as a result shall be reimbursed by the customer. Any execution deadlines shall be extended accordingly. Any further claims of the Company shall remain unaffected by this.
17 . SCOPE OF DELIVERY
17.1 The scope of delivery shall be determined by the contractual declarations made in text form.
17.2 We reserve the right to make technical changes during the delivery period which are due to improvements in technology or to legal requirements, provided that the delivery item is not significantly changed and the changes are reasonable for the customer.
18. COMPENSATION FOR DAMAGES DUE TO NON-FULFILMENT
Insofar as the customer has to pay damages for non-fulfilment, the company is entitled to charge a lump sum of 15% of the agreed net remuneration. The customer is entitled to prove that no damage has occurred at all or that the damage is significantly lower than the lump sum. The company shall be entitled to assert a demonstrably higher damage.
19. DATA AND CONFIDENTIALITY
19.1 . Each party shall comply with its obligations under the General Data Protection Regulation and other applicable data protection laws, including the Data Protection Act 2018.
19.2 . Unless otherwise agreed in writing, the Company is a data processor and the Customer is the data controller of the personal data relating to or provided by the Customer or the recipients of the Goods.
19.3 . The Company is authorised to electronically store and process all data relating to the Customer in connection with the business relationship for the purpose of performing the contract in compliance with the provisions of the German Federal Data Protection Act.
19.4 . The Company may use the data provided by or on behalf of the Customer for purposes corresponding to the fulfilment of the Company's obligations, the exercise of the Company's rights or the Company's business planning. The Company may disclose data to a subcontractor providing the Company's services to the Client and, where appropriate, to any governmental authority.
19. 5 . Subject to the provisions of this clause and applicable law, the Company and the Customer shall each keep confidential information or data provided by or on behalf of the other which is expressly designated as confidential or which is of such a nature that it should clearly be regarded as confidential by a reasonable person.
20 . CONTAINER UNITS
In the case of returnable containers, the following shall apply:
20.1 The packaging units - i.e. pallets, crates, returnable bottles and drums - are only loaned to the customer for use as intended, unless they were previously owned and supplied by the customer. For reasons of property security, a deposit amount shown separately on the invoice will be charged for each container unit.
20.2 The customer is obliged to return the containers to the company immediately, but no later than six months after collection of the delivery. No deposit credit shall be issued for destroyed or otherwise unusable container units. Such containers shall be made available to the customer with the proviso that he may dispose of them within 14 days. If no disposal takes place, the right of disposal shall pass to the company.
20.3 The determination of the type and number of returned containers carried out by the Company shall be decisive for credit notes.
21 . PLACE OF PERFORMANCE, PLACE OF JURISDICTION
21.1 The place of performance for all obligations of the Company and the Customer arising from the contract, including the Company's obligation of subsequent fulfilment and the reciprocal obligations of restitution in the event of withdrawal, shall be the registered office of the Company in 15827 Blankenfelde - Mahlow.
21.2 For all disputes arising from the contractual relationship, if the Customer is an entrepreneur, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction shall be the registered office of the Company in 15827 Blankenfelde - Mahlow. In addition, the company is authorised to take legal action against the customer at the customer's general place of jurisdiction.
21.3 These Terms and Conditions and the entire legal relationship between the contracting parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).