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Imprint

PROTIQ GmbH
A Phoenix Contact Company
Flachsmarktstraße 54
32825 Blomberg
Phone: +49 (0) 5235 3-43800
Fax: +49 (0) 5235 3-441154
E-Mail: info@protiq.com
Managing Director: Dr. Ralf Gärtner

General terms and conditions of PROTIQ GmbH for the use of Additive Manufacturing – Consumers

  1. Subject matter of the Agreement

    1. PROTIQ GmbH, Flachsmarktstraße 54, 32825 Blomberg (hereinafter referred to as “PROTIQ”) ‎ offers its customers an online platform under the URL www.protiq.com, which– within the technical availability – enables the web-based configuration, ordering and production of PROTIQ products (standard products with or without an option to select material) as well as products based on customer-defined content (usually 3D CAD files) (individually configured products) within the scope of additive manufacturing (hereinafter the “Additive Manufacturing Platform”).
    2. In addition, PROTIQ offers various services (eg data check for 3D data independent of a manufacturing order) around additive manufacturing that can be accessed or commissioned via the Additive Manufacturing Platform. The exact content of these services is given in the respective service description. These services may be subject to additional conditions which are then pointed out in the service descriptions. In the event of inconsistencies, the additional conditions shall prevail over these General Terms and Conditions.
    3. These General Terms and Conditions (“GTC”) shall apply exclusively to consumers within the meaning of Section 13 BGB (German Civil Code), ie persons who enter into a legal transaction for purposes that predominantly are outside their commercial or independent trade, business or profession. For entrepreneurs pursuant to Section 14 BGB (German Civil Code) special GTCs shall apply
    4. Deviating or supplementary GTCs of the customer shall not constitute any part of the Agreement even if PROTIQ does not expressly object to them.
    5. PROTIQ reserves the right to use sub-contractors for the fulfilment of customer orders, in particular to the extent that this seems to be reasonable for PROTIQ to cushion order peaks. PROTIQ shall contractually commit such sub-contractors to a duty of confidentiality in accordance with section 2.7 of these GTCs.
  2. Use of Additive Manufacturing Platform; Optional Registration

    1. PROTIQ shall provide the Additive Manufacturing Platform for the purpose of configuration and/or production of additively manufactured components and, if applicable, the provision of any available additional services. The products produced via the Additive Manufacturing Platform shall be sent to the customer.
    2. PROTIQ shall secure its servers on a regular basis and protect them against unauthorized access by means of reasonable technical and economic expenses.
    3. For the use of the Additive Manufacturing Platform, ie for the ordering of standardized or self-configured products, no registration is required.
    4. The customer can optionally register free of charge by entering the required data for the registration on the registration page – either separately or within the ordering process – and by clicking on the “Register now” button. PROTIQ shall store the address and, where applicable, the payment data of registered customers, so that they do not have to be entered again with each order. Upon completion of the registration process described above, PROTIQ shall provide the customer with usage data. The customer himself shall be responsible for keeping the password confidential. He shall keep his password for access confidential, not disclose it, not tolerate or allow third parties to gain knowledge of it, and take the necessary measures to ensure confidentiality. In the case of misuse or loss of this information or a corresponding suspicion, the customer shall notify PROTIQ by e-mail at the e-mail address info@protiq.com. Further services are not associated with the registration.
    5. PROTIQ notifies the customer of the requirements for the files, content and materials to be used within the Additive Manufacturing Platform. If the files provided by the customer do not meet these requirements, eg because the customer wants to use incorrect file formats or incorrect templates, a configuration and production via the Additive Manufacturing Platform is not possible. If the software used on the Additive Manufacturing Platform detects a technical error in a CAD file, this error will be corrected before printing; should an automatic correction not be possible, the order will not be accepted and the customer shall be informed accordingly. However, the customer expressly acknowledges that he is responsible for the correctness of the CAD file and the auto-correction does not claim to be one hundred percent accurate. PROTIQ can also not check whether the CAD design uploaded by the customer and/or the material selected are suitable for the intended purpose of the customer. This is solely the responsibility of the customer.
    6. The customer shall grant PROTIQ the non-exclusive (single) right unlimited in space to use the data, files and materials applied in connection with a print job for the purpose of configuration and production of the products requested by the customer via the Additive Manufacturing Platform as well as for any other purposes regarding the execution of the agreement. This also includes, in particular, the right to keep the files uploaded by the customer within the statutory retention periods, but in any event until the expiration of the limitation period of any claims arising from the Agreement. For the avoidance of doubt: The storage of such data for the customer or their disclosure on request is not subject matter of the Agreement and therefore not mandatory for PROTIQ towards the customer unless there are statutory information and disclosure claims. This also means that the customer himself is responsible for the regular and risk-appropriate backup of the data and content transmitted to PROTIQ (creation of own backup copies).
    7. PROTIQ undertakes to treat the uploaded CAD files of the customer as confidential, not make them accessible to third parties and protect them with the same diligence as its own confidential information against unauthorized access. PROTIQ shall use CAD files of the customer only for the purposes of the respective agreement with the customer and especially not for the manufacture of products for third party customers. Third parties within the meaning of this confidentiality obligation are not such employees, sub-contractors, consultants, performing and vicarious agents of PROTIQ (and/or their sub-contractors) who are deployed for the provision of services or other agreement processing and subject to professional secrecy or committed to confidentiality pursuant to this section 2.7.
    8. When using the Additive Manufacturing Platform and the contractual service the customer shall comply with all applicable laws and other legal provisions of the Federal Republic of Germany. In particular, the customer is prohibited from using files, data or content that breach legal provisions, especially those which infringe third-party property or copyrights or any other rights of third parties. The customer himself shall be responsible for the files, data and content made available by him. The auto-correction software applied by PROTIQ can – in accordance with section 2.5 – detect deficiencies in printability and consistency of the data. However, PROTIQ shall neither check the files, data and content conclusively for their correctness nor for absence of viruses nor whether it is technically possible to examine them for viruses.
  3. Indemnification

    Upon first request, the customer shall indemnify PROTIQ against all intentionally or negligently caused claims by third parties against PROTIQ in connection with the contractual provision of services by PROTIQ, in particular against claims for infringement of competition law and copyright, patent infringements, design infringements and violations of other registered or unregistered third party rights, product liability as well as infringements of the protection of minors, which are asserted against PROTIQ in connection with the provision of the contractual services, in particular the manufacture and delivery of products configured by the customer. The customer shall immediately notify PROTIQ about any claims or possible claims by third parties that become known to him. PROTIQ shall be entitled to take appropriate measures itself to fend off claims by third parties or pursue its rights. The indemnification shall also include the compensation of costs that incur or have incurred to PROTIQ due to legal proceedings/defense.

  4. Conclusion of Agreement and Order

    The conclusion of the Agreement on the production (if applicable) and ordering of a product shall be carried out as follows:

    1. To initiate the ordering process, the customer has to
      • Upload the desired file and make further configuration settings (eg scaling, material selection) in case of individually configured products;
      • Select the respective material in case of standard products with material selection; and
      • Select the desired product in case of standard products without material selection, and then place the configured/desired product in the shopping cart by clicking on the respective button on the offer page.
    2. Before the order regarding the content of the shopping cart is finally sent, the entire content of the order is displayed one more time. The customer can then change his order again.
    3. The customer makes a binding offer to conclude a purchase contract by clicking the “Buy now” button in the shopping cart screen. PROTIQ confirms the receipt of the order by e-mail. As a matter of principle, the confirmation e-mail is not yet the acceptance of the offer of the customer. The purchase contract only comes into being with a separate declaration of acceptance by PROTIQ. Considered as such is also the debit of the selected payment method or the shipment confirmation of the goods (whichever is the first).
    4. In the case of payment methods that are connected with an immediate payment by the customer (such as PayPal, sofortueberweisung.de etc.), the offer by PROTIQ already exists when placing the products on the Additive Manufacturing Platform. The customer accepts this offer to conclude a purchase contract by clicking the “Buy now” button on the shopping basket screen.
  5. Prices and Payment; Retention of Title

    1. The customer shall pay the price shown within the ordering process.
    2. For the payment, the payment methods and delivery options available to the customer are shown in the course of the ordering process.
    3. Payments are due 14 days after receipt of invoice by the customer unless a different deadline has been expressly agreed in the service description. Cash discount is not granted.
    4. The title to the products delivered shall be retained until the purchase price has been paid in full.
  6. Instruction on the Right of Revocation for Consumers

    In the case of contracts against payment, the following revocation instruction shall apply to customers.

    Revocation instruction

    Right of revocation

    You have the right to revoke this contract within 14 days without giving any reason. The revocation period of 14 days begins on the day on which you or a third party nominated by you, who is not the carrier, take/takes the goods into possession. To execute your right of revocation, you have to inform us

    PROTIQ GmbH
    Flachsmarktstraße 54
    32825 Blomberg
    E-mail: info@protiq.com
    Telephone: +49 (0)5235 34 38 00
    Fax: +49 (0)5235 34 41 154

    of your decision to revoke this contract by means of a clear statement (eg by a letter sent by post, fax or e-mail). You may use the enclosed sample revocation form, but this is not mandatory. To comply with the time limit, it is sufficient if the notification concerning the exercise of the right of revocation is sent before the end of the revocation period.

    Consequences of revocation

    If you revoke this contract, we have to immediately refund all payments we have received from you, including the delivery costs (except for the additional costs that were incurred because you chose a different type of delivery than the least expensive standard delivery offered by us) within 14 days at the latest from the day on which we received the notification of your revocation of this contract. For this refund we will use the same payment method that you used for the original transaction unless we expressly agreed to something else with you; in no case will you be charged for this refund. We may withhold a refund until we have received the returned goods or until you have shown proof that you have sent back the goods, whichever is the earliest. You must send back the goods or hand them over without undue delay and in any event no later than fourteen days from the day on which you informed us about the revocation of this contract. The deadline is met if you return the goods before the period of fourteen days has expired.

    You shall bear the direct costs for returning the goods.

    You shall only be liable for any potential loss of value of the goods if this loss of value can be attributed to a handling of the goods other than what is necessary to ascertain the quality, properties and functionality of the goods.

    Sample revocation form

    If you wish to revoke this contract, please complete this form and return it

    • to PROTIQ GmbH, Flachsmarktstraße 54, 32825 Blomberg, info@protiq.com:
    • I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the supply of the following service (*)
    • Ordered on (*)/received on (*)
    • Name of consumer(s)
    • Address of consumer(s)
    • Signature of consumer(s) (only if this form is notified on paper)
    • Date

    Special instructions

    The right of revocation does not apply to contracts for the delivery of goods that are not prefabricated and whose production is subject to an individual selection or provision by the consumer or which are clearly tailored to the personal needs of the consumer.

    END OF REVOCATION INSTRUCTIONS

  7. Returns

    1. The modalities mentioned in this section “Returns” are not a prerequisite for the effective exercise of the revocation right according to the section “Instruction on the Right of Revocation for Consumers”.
    2. Before the return, customers are asked to notify PROTIQ of the return. This way they enable PROTIQ to assign the products as quickly as possible.
    3. Customers are asked to return the goods as a postpaid package to PROTIQ and to keep the proof of delivery. Customers are asked to prevent any damage to or contamination of the goods. If possible, the goods should be returned to PROTIQ in the original packaging with all accessories. If the original packaging is no longer in the possession of the customer, another suitable packaging should be used in order to provide adequate protection against any transport damage and to avoid any claims for damages due to defective packaging.
  8. Warranty

    1. As far as PROTIQ provides services free of charge, this shall be done to the exclusion of any warranty.
    2. The following shall apply to paid services: In the event of subsequent performance PROTIQ shall be obliged to bear all expenses incurred for the purpose of subsequent performance, in particular costs for travel and transport, labor and material.
    3. PROTIQ shall not assume any responsibility that the contractual products are suitable for specific purposes unless otherwise contractually agreed between the contractual partners
  9. Liability

    1. As far as PROTIQ provides services free of charge, PROTIQ shall only be liable for intent and gross negligence in accordance with the statutory regulations
    2. With regard to paid services PROTIQ shall be liable as follows:
      1. Subject to the following exceptions, PROTIQ shall not be liable, in particular not for claims of the customer for compensation for damages or reimbursement of expenses – irrespective of the legal grounds – in the case of infringement of duties resulting from the contractual obligation.
      2. The above exclusion of liability pursuant to section 9.2.1 shall not apply in cases of statutory legal liability as well as:
        1. for own intentional or grossly negligent breach of duty;
        2. for the violation of cardinal obligations (cardinal obligations are such obligations the fulfilment of which actually enables the due and proper performance of the agreement and the observance of which the contractual partner may regularly rely on);
        3. in the event of injury to body, life and health;
        4. in the event of default if a fixed date of delivery and/or fixed date of performance had been agreed;
        5. in the event of the assumption of a guarantee for the quality of the goods or the successful outcome of a service, or a procurement risk pursuant to section 276 BGB (German Civil Code);
        6. in the event of a liability under the Product Liability Act or other statutorily mandated cases of liability.
    3. In the case of a violation of cardinal obligations that is not intentional or grossly negligent, the liability shall be limited to contract-typical and foreseeable damages.
    4. Insofar as PROTIQ’s liability is excluded or limited, this shall also apply to the management bodies, employees, representatives, vicarious agents as well as sub-contractors of PROTIQ.
    5. A reversal of the burden of proof is not associated with the above provisions.
  10. Term and Termination

    1. In case of a registration, an agreement on the use of the Additive Manufacturing Platform shall be concluded for an indefinite period of time. It can be terminated by either party at any time with a notice period of 7 days. In the case of an order without registration, these GTCs shall apply to the specific one-time application and ordering process.
    2. The statutory right to extraordinary termination without notice for good cause shall remain unaffected.
    3. The termination requires the text form (eg letter, fax, e-mail).
    4. After the termination, PROTIQ will delete the account of the customer. This shall not affect the storage of data in accordance with the statutory retention obligations and periods.
  11. Choice of Law, Place of Jurisdiction

    1. The law of the Federal Republic of Germany shall be applicable to the exclusion of the CISG. If the customer is not domiciled in Germany, the mandatory provisions of the law which would be applicable without a choice of law shall also apply.
    2. Exclusive place of jurisdiction for any disputes arising out of or in connection with this Agreement shall be Cologne, provided the customer does not have a general court of jurisdiction in Germany or in another EU member state, has moved his permanent place of residence abroad after these terms of use have become effective or his domicile or usual place of residence is not known at the time legal proceedings are instituted.
    3. Should individual provisions of this Agreement be or become invalid and/or contradict statutory regulations, this shall not affect the validity of the remaining provisions of this Agreement.

As at: December 2016

General terms and conditions of PROTIQ GmbH for the use of Additive Manufacturing - Entrepreneurs

  1. Subject Matter of the Agreement

    1. PROTIQ GmbH, Flachsmarktstraße 54, 32825 Blomberg (hereinafter referred to as “PROTIQ”) ‎ offers its customers an online platform under the URL www.protiq.com, which – within the technical availability – enables the web-based configuration, ordering and production of PROTIQ products (standard products with or without an option to select material) as well as products based on customer-defined content (usually 3D CAD files) (individually configured products) within the scope of additive manufacturing (hereinafter the “Additive Manufacturing Platform”).
    2. In addition, PROTIQ offers various services (in particular support and training courses as well as a data check for 3D data independent of a manufacturing order) around additive manufacturing. To this end, customers may also request tailor-made offers via the contact form on the Additive Manufacturing Platform. The exact content of these services is given in the respective service description and the respective offer. These services may be subject to additional conditions which are then pointed out in the service descriptions or the offers. In the event of inconsistencies, the additional conditions shall prevail over these General Terms and Conditions.
    3. These General Terms and Conditions (“GTC”) shall apply exclusively to entrepreneurs within the meaning of Section 14 BGB (German Civil Code), ie natural or legal persons or partnerships with legal personality who when entering into a legal transaction, act in exercise of their commercial or independent trade, business or profession. For consumers pursuant to Section 13 BGB (German Civil Code) special GTCs shall apply.
    4. Deviating or supplementary GTCs of the customer shall not constitute any part of the Agreement even if PROTIQ does not expressly object to them.
    5. PROTIQ reserves the right to use sub-contractors for the fulfilment of customer orders, in particular to the extent that this seems to be reasonable for PROTIQ to cushion order peaks. PROTIQ shall contractually commit such sub-contractors to a duty of confidentiality in accordance with section 2.7 of these GTCs.
  2. Use of the Additive Manufacturing Platform; Optional Registration

    1. PROTIQ shall provide the Additive Manufacturing Platform for the purpose of configuration and/or production of additively manufactured components and, if applicable, the provision of any available additional services. The products produced via the Additive Manufacturing Platform shall be sent to the customer.
    2. PROTIQ shall secure its servers on a regular basis and protect them against unauthorized access by means of reasonable technical and economic expenses.
    3. For the use of the Additive Manufacturing Platform, ie for the order of standardized or self-configured products, no registration is required.
    4. The customer can optionally register free of charge by entering the required data for the registration on the registration page – either separately or within the ordering process – and by clicking on the “Register now” button. PROTIQ shall store the address and, where applicable, the payment data of registered customers, so that they do not have to be entered again with each order. Upon completion of the registration process described above, PROTIQ shall provide the customer with usage data. The customer himself shall be responsible for keeping the password confidential. He shall keep his password for access confidential, not disclose it, not tolerate or allow third parties to gain knowledge of it, and take the necessary measures to ensure confidentiality. In the case of misuse or loss of this information or a corresponding suspicion, the customer shall notify PROTIQ by e-mail at the e-mail address info@protiq.com. Further services are not associated with the registration.
    5. PROTIQ shall notify the customer about the requirements for the files, content and materials to be used within the Additive Manufacturing Platform. If the files provided by the customer do not meet these requirements, eg because the customer wants to use incorrect file formats or incorrect templates, a configuration and production via the Additive Manufacturing Platform is not possible. If the software used on the Additive Manufacturing Platform detects a technical error in a CAD file, this error will be corrected before printing; should an automatic correction not be possible, the order will not be accepted and the customer shall be informed accordingly. However, the customer expressly acknowledges that he is responsible for the correctness of the CAD file and the auto-correction does not claim to be one hundred percent accurate. PROTIQ can also not check whether the CAD design uploaded by the customer and/or the material selected are suitable for the intended purpose of the customer. This is solely the responsibility of the customer.
    6. The customer shall grant PROTIQ the non-exclusive (single) right unlimited in space to use the data, files and materials applied in connection with a print job for the purpose of configuration and production of the products requested by the customer via the Additive Manufacturing Platform as well as for any other purposes regarding the execution of the Agreement. This also includes, in particular, the right to keep the files uploaded by the customer within the statutory retention periods, but in any event until the expiration of the limitation period of any claims arising from the Agreement. For the avoidance of doubt: The storage of such data for the customer or their disclosure on request is not subject matter of the Agreement and therefore not mandatory for PROTIQ towards the customer unless there are statutory information and disclosure claims. This also means that the customer himself is responsible for the regular and risk-appropriate backup of the data and content transmitted to PROTIQ (creation of own backup copies).
    7. PROTIQ undertakes to treat the uploaded CAD files of the customer as confidential, not make them accessible to third parties and protect them with the same diligence as its own confidential information against unauthorized access. PROTIQ shall use CAD files of the customer only for the purposes of the respective agreement with the customer and especially not for the manufacture of products for third party customers. Third parties within the meaning of this confidentiality obligation are not such employees, sub-contractors, consultants, performing and vicarious agents of PROTIQ (and/or their sub-contractors) who are deployed for the provision of services or other agreement processing and subject to professional secrecy or committed to confidentiality pursuant to this section 2.7.
    8. When using the Additive Manufacturing Platform and the contractual service the customer shall comply with all applicable laws and other legal provisions of the Federal Republic of Germany. In particular, the customer is prohibited from using files, data or content that breach legal provisions, especially those which infringe third-party property or copyrights or any other rights of third parties. The customer himself shall be responsible for the files, data and content made available by him. The auto-correction software applied by PROTIQ can – in accordance with section 2.5 – detect deficiencies in printability and consistency of the data. However, PROTIQ shall neither check the files, data and content conclusively for their correctness nor for absence of viruses nor whether it is technically possible to examine them for viruses.
  3. Indemnification

    Upon first request, the customer shall indemnify PROTIQ against all intentionally or negligently caused claims by third parties against PROTIQ in connection with the contractual provision of services by PROTIQ, in particular against claims for infringement of competition law and copyright, patent infringements, design infringements and violations of other registered or unregistered third party rights, product liability as well as infringements of the protection of minors, which are asserted against PROTIQ in connection with the provision of the contractual services, in particular the manufacture and delivery of products configured by the customer. The customer shall immediately notify PROTIQ about any claims or possible claims by third parties that become known to him. PROTIQ shall be entitled to take appropriate measures itself to fend off claims by third parties or pursue its rights. The indemnification shall also include the compensation of costs that incur or have incurred to PROTIQ due to legal proceedings/defense.

  4. Conclusion of Agreement and Order

    The conclusion of the Agreement on the production (if applicable) and ordering of a product shall be carried out as follows:

    1. To initiate the order process, the customer has to
      • upload the desired file and make further configuration settings (eg scaling, material selection) in case of individually configured products;
      • select the respective material in case of standard products with material selection; and
      • select the desired product in case of standard products without material selection, and then place the configured/desired product in the shopping cart by clicking on the respective button on the offer page.
    2. Before the order regarding the content of the shopping cart is finally sent, the entire content of the order is displayed one more time. The customer can then change his order again.
    3. The customer makes a binding offer to conclude a purchase contract by clicking the “Buy now” button in the shopping cart screen. PROTIQ confirms the receipt of the order by e-mail. As a matter of principle, the confirmation e-mail is not yet the acceptance of the offer of the customer. The purchase contract only comes into being with a separate declaration of acceptance by PROTIQ. Considered as such is also the debit of the selected payment method or the shipment confirmation of the goods (whichever is the first).
  5. Prices and Payment, Delivery, Retention of Title

    1. The customer shall pay the price shown within the ordering process.
    2. For the payment, the payment methods and delivery options available to the customer are shown in the course of the ordering process.
    3. Payments are due 14 days after receipt of invoice by the customer unless a different deadline has been expressly agreed in the service description. Cash discount is not granted.
    4. Delivery is made by FCA Blomberg (Incoterms ® 2010) unless otherwise expressly agreed between PROTIQ and the customer.
    5. The title to the products delivered shall be retained until the purchase price has been paid in full.
  6. Warranty

    1. As far as PROTIQ provides services free of charge, this shall be done to the exclusion of any warranty.
    2. The following shall apply to services for a charge:
      1. Claims arising from breaches of duty in the form of material and/or legal defects in the performance owed – unless otherwise expressly agreed in writing – shall be time-barred after a period of 12 months. In the event of acceptance, refusal or rejection of goods, the limitation period shall begin with the date of the notification of provision regarding the takeover of the goods, in all other cases the limitation period shall begin on the day of the transfer of risk. This shall not apply to claims for damages arising from a guarantee; the assumption of a procurement risk as defined in section 276 BGB (German Civil Code); claims for injury to life, limb or health; fraudulent, intentional or grossly negligent action by PROTIQ, or if in cases of sections 478,479 BGB (German Civil Code, recourse in the supply chain), section 438 (1) no 2 (Construction of buildings and delivery of things for buildings) and section 634a (1) no 2 BGB (German Civil Code, construction defects) or as far as a longer limitation period is otherwise legally mandatory. A reversal of the burden of proof is not associated with the above provision.
      2. In the event of subsequent performance, PROTIQ shall be obliged to bear all expenses incurred for the purpose of subsequent performance, in particular costs for travel and transport, labor and material to the extent that expenses are not increased because the contractual products were subsequently brought to a location other than the place of performance or the registered office of the customer unless the shipment corresponds to its intended or contractual use.
    3. PROTIQ shall not assume any responsibility that the contractual products are suitable for specific purposes unless otherwise contractually agreed between the contractual partners.
  7. Liability

    1. As far as PROTIQ provides services free of charge, PROTIQ shall only be liable for intent and gross negligence in accordance with the statutory regulations.
    2. With regard to paid services PROTIQ shall be liable as follows:
      1. Subject to the following exceptions, PROTIQ shall not be liable, in particular not for claims of the customer for compensation for damages or reimbursement of expenses – irrespective of the legal grounds – in the case of infringement of duties resulting from the contractual obligation.
      2. The above exclusion of liability pursuant to section 7.2.1 shall not apply in cases of statutory legal liability as well as:
        1. for own intentional or grossly negligent breach of duty;
        2. for the violation of cardinal obligations (cardinal obligations are such obligations
        3. the fulfilment of which actually enables the due and proper performance of the agreement and the observance of which the contractual partner may regularly rely on);
        4. in the event of injury to body, life and health;
        5. in the event of default if a fixed date of delivery and/or fixed date of performance had been agreed;
        6. in the event of the assumption of a guarantee for the quality of the goods or the successful outcome of a service, or a procurement risk pursuant to Section 276 BGB (German Civil Code);
        7. in the event of a liability under the Product Liability Act or other statutorily mandated cases of liability. In the case of a violation of cardinal obligations that is not intentional or grossly negligent, the liability shall be limited to contract-typical and foreseeable damages.
    3. Insofar as PROTIQ’s liability is excluded or limited, this shall also apply to the management bodies, employees, representatives, vicarious agents as well as sub-contractors of PROTIQ.
    4. A reversal of the burden of proof is not associated with the above provisions.
  8. Term and Termination

    1. In case of a registration, an agreement on the use of the Additive Manufacturing Platform shall be concluded for an indefinite period of time. It can be terminated by either party at any time with a notice period of 7 days. In the case of an order without registration, these GTCs shall apply to the specific one-time application and ordering process.
    2. The statutory right to extraordinary termination without notice for good cause shall remain unaffected.
    3. The termination requires the text form (eg letter, fax, e-mail).
    4. After the termination, PROTIQ will delete the account of the customer. This shall not affect the storage of data in accordance with the statutory retention obligations and periods.
  9. Choice of Law, Place of Jurisdiction

    1. The law of the Federal Republic of Germany shall be applicable to the exclusion of the CISG.
    2. Exclusive place of jurisdiction for any disputes arising from this Agreement shall be Cologne, Germany. However, Phoenix Contact reserves the right to assert its claims at any other competent court of jurisdiction.
    3. Should individual provisions of this Agreement be or become invalid and/or contradict statutory regulations, this shall not affect the validity of the remaining provisions of this Agreement.

As at: December 2016

PROTIQ on data protection

We are delighted that you are interested in our company, products and services and would like you to feel safe with regard to our protection of your personal data. 

The operator of this website and responsible for the collection, processing and use of your per-sonal data in compliance with the EU General Data Protection Regulation (GDPR), the German Federal Data Protection Act (FDPA) and the German Telemedia Act (TMG) is

PROTIQ GmbH
Flachsmarktstraße 54
32825 Blomberg
Tel. +49 5235 3-4 38 00
Fax +49 5235 3-4 41 154

The protection of privacy is of crucial importance, particularly for tomorrow’s Internet-based business models and the development of an Internet-based economy. With this declaration on data protection, we therefore want to emphasize our dedication to protecting your privacy.

Our employees as well as the appointed service providers are bound through us to confidentiality and to comply with the provisions of the EU General Data Protection Regulation (GDPR), the German Federal Data Protection Act (FDPA) and other relevant data protection regulations.

We take the protection of your personal data seriously and strictly adhere to the rules of the data protection laws.

For explanation: “Personal data” means any information relating to an identified or identifi-able natural person (data subject). 
This includes, for instance, your name, your physical address, your contact data (e-mail address, telephone numbers) or your credit card number and account information.

The following declaration offers you an overview of how we want to ensure this protection.


Use and disclosure of personal data

Any personal data that you supply to us through our website or by other means are collected, processed and stored for correspondence with you and for the purposes for which you have made the data available to us. In addition, we will use these data to send you occasional offers and to inform you about new products, services, and other items that may be of interest to you. You may at any time object to such use of your data by an appropriate means of communica-tion, for example by sending an e-mail to service@protiq.com.

We shall only disclose your personal data if you have expressly consented to this, if there is a legal basis or obligation or if it is necessary for the enforcement of our rights, for instance the enforcement of claims resulting from a contractual relationship with you. Your personal data col-lected by us shall never be passed on by us to third parties for any marketing purposes, sold or made available in any other form. 

We shall only disclose personal data to companies affiliated with Phoenix Contact GmbH & Co. KG, service providers or other third parties as far as this is necessary to perform a service or transaction requested by yourself. The respective third-party supplier must only use these per-sonal data to perform the service required or the transaction needed, which is commissioned in our order. Service providers which we use for our own purposes, for example within shared ser-vices, shall be obliged by us in writing through corresponding agreements on contract data pro-cessing to comply with the data protection laws, and may not use these data for own purposes.

For the dispatch and as part of the dispatch order, we will transmit your data to the appointed delivery company. The transmission shall only include such data which are necessary for the delivery of the goods. The contracted company may only use your data for this purpose.

When using our online shop, your data may also be passed on to payment service providers as far as this is necessary for processing the payments. Depending on which payment service pro-vider you select in relation with your order, we will pass on the payment data collected for the purpose of processing the payment to the credit institution or the payment service provider commissioned with the payment. In some cases, the selected payment service providers collect these data themselves if you create or have created an account there. In this case, you must register with the payment service provider with your access data during the order procedure. The data protection declaration of the respective payment service provider shall then be applicable.


Data processing on this website

For safety and technical reasons, PROTIQ automatically processes information on its systems transmitted to us by your browser, and which basically includes:
  • Browser type/version
  • Operating system used
  • The URL (website) accessed on our systems
  • Referrer URL (the website which referred to our website)
  • Host name and full IP address of the accessing computer
  • Date and time of query
  • Retrieved data volume and data types

These data are not combined with any other data sources, and we do not carry out statistical evaluations on the basis of these data.

Notes regarding IP addresses:
IP addresses are absolutely necessary for the transmission of websites and data from our serv-ers to your browser; they are the “addresses” for the information you request from our web servers. However, unabridged IP addresses are regarded as personal data and are therefore only processed by us to the extent technically required.

We also use cookies and web analytics when our website is visited. In this regard, please read the additional explanations under the corresponding headings in this data protection statement.


Registration on our website

Our website in part contains services which you can only use if you have previously entered your personal data (registered). To register in the PROTIQ portal at least your name, form of address, your company (in the case of business customers), your physical address and a valid e mail ad-dress are necessary. The data stored by us in the portal can include, for instance, the permanent storage of projects or the creation of offers as well as the creation and issuance of print orders.

Optionally, you have the possibility to provide us with further information about you (eg title, tele-phone number, VAT ID). Some of these data are required for the extended services on our web-site, for example for online ordering via our online shop.

Your consent to the storage of your data as well as their use to send advertising information can be revoked at any time by an e-mail with the corresponding information sent to service@protiq.com. You may also contact this e-mail address if you would like to have your entire account deleted.

Information on the processing of your personal data during registration can be found at: Registration on our website


Newsletter 

If you would like to receive the newsletter offered on our website, we need your valid e-mail ad-dress. Optionally, you have the possibility to provide us with further information about you (form of address, first name, last name). However, they are not required for the subscription of the newsletter but only serve for personally addressing you in the newsletter. After the registration, you will receive an e-mail from us with a link with which you have to confirm the receipt of the newsletter (“double opt-in”). This serves to verify the e-mail address you provided and to ensure that no third party has ordered the newsletter from your e-mail address.

Your consent to the storage of your data as well as their use for sending the newsletter or other advertising information may be revoked at any time via the unsubscribe link at the end of each newsletter. Furthermore, you may also send an e-mail with a corresponding revocation to service@protiq.com at any time.

To send the newsletter, we make use of our parent company Phoenix Contact, headquartered in Germany, which was obliged by us to comply with the data protection laws and which guaran-tees that your data will in no case be disclosed to third parties or used for another purpose than for sending the PROTIQ newsletter. Your data shall be kept exclusively in Phoenix Contact’s own German data centers.

Our e mail newsletter may contain links that lead you to specific PROTIQ websites. This way we can measure the effectiveness of marketing initiatives. However, these evaluations are made on the basis of anonymized data, so that no conclusions to your person can be drawn. In addition, the newsletter may contain links to third party websites.

Information on the processing of your personal data within the dispatch of the newsletter can be found at: Newsletter subscription


Contact forms

Your personal data, which you provide to us when using the various contact forms, will be used exclusively for processing your specific request to us. Information on the processing of your contact data in this context can be found at: Use of contact forms


Customer management/Order processing

Your personal data, which you provide to us within the scope of order processing, will be used exclusively for processing the respective business transactions with you. Information on processing your data within the customer management and for processing busi-ness transactions can be found at: Customer Management and Order Processing



Supplier management/Purchase order processing

Your personal data, which you provide to us within a purchase order, will be used exclusively for processing the respective business transactions with you. Information on processing your data within the supplier management and for handling business transactions can be found at: Supplier management and purchase order processing


Application details

The processing of your application with us will be done by Phoenix Contact GmbH & Co. KG to whose website we merely link. Therefore please also consider the detailed information within the registration in their career portal.



Chat

Your personal data, which you provide to us when using the chat, will be used exclusively for processing your specific request to us.

Information on the processing of your contact data in this context can be found atUse of chat

 


Cookies 

Our websites use what is known as cookies in several places. Cookies are small text files that are placed on your computer and stored by your browser. They serve to make our offer more user-friendly, effective, and secure. Thus, for instance, they ensure the technical realization of a user session in the online shop of PROTIQ. At the same time, these cookies provide information which allows us to optimize our websites in line with user requirements, for example to save the language you have chosen on our website.

Most of the cookies we use are so-called “session cookies”. They will be deleted automatically from your browser once you leave the site. In part, however, we also use cookies that are saved for a longer period of time. The maximum storage period of a cookie can be up to two years.

All cookies on our websites contain purely technical information in a pseudonymized or anony-mized form; they do not contain any personal data.

We use the following cookies:

Website/name of cookie

Function and content

Valid until

protiq.com
language

ID of the currently selected shop language.

Contains “0” for German or “1” for English.

Only for the current session

protiq.com
currency
ID of the currently selected shop currency

Contains “0” for Euro, “1” for pound or “2” for dollar
30 days
protiq.com
dxCookiesAccepted
Flag that cookies have been accepted.

Contains “yes”
60 days

protiq.com
dx_tsid

With every first logon within a session, here the session ID is stored which allows a com-fortable use of the shop and other functions of the website.

Contains a 32-character alpha-numeric string

Only for the current session

protiq.com
sid

With every first logon within a session, here the session ID is stored which allows a com-fortable use of the shop and other functions of the website.

Contains a 32-character alpha-numeric string

Only for the current session

protiq.com
sid_key

Check whether the browser saves cookies and our shop has already been visited dur-ing the current session.

Contains the string “oxid”.

Only for the current session

protiq.com
_pk_id.2.5c59

ID of the Matomo/Piwik track-ing software

Contains an approx. 52-character alphanumeric string.

13 months

protiq.com
_pk_ses.2.5c59

Stores the recognition of the current session of the Mato-mo/Piwik tracking software

Always contains the character “*”

30 minutes

protiq.com
piwik_ignore

Stores the selection of the user that there will be no track-ing by Matomo/Piwik for this website (opt-out).

2 years

protiq.com
PIWIK_SESSID

Stores the recognition of the current session of the Mato-mo/Piwik tracking software for performance improvement.

Contains a 32-character alpha-numeric string

1 day


If you want to prevent cookies from being stored, you must select “do not accept cookies” in your browser settings. If cookies are not accepted by the browser, the range of functions of our Inter-net offer may, however, be severely limited. Some functions will then no longer be available. This may also be the case if you visit our website in the so-called “private mode” of your browser.

We ourselves do not store any information in the LSO (Local Shared Objects) area of your com-puter, so we do not use so-called “flash cookies”, for instance. Other services such as Youtube, however, use this function for own purposes where applicable.


Social Media / Social Networks / External Links

On our website, we do not use any automatically activated plug-ins (eg iFrames) of the social networks. Our buttons for social networks such as Facebook, Twitter, Xing, LinkedIn, YouTube, Instagram etc. are mere links that refer to the respective sites of the provider. If you click on these links, you will be redirected to the pages of the respective social network. The instructions on data protection given there will then be applicable. This also applies to links to other third party websites.

In addition, we ourselves also have online presences in some of these social networks and platforms to inform interested parties/users about our products and services and to communicate with them. On some of these platforms, user data is processed outside the European Union (EU), even in countries where no data protection level comparable to that of the EU can be guaranteed. Your data is often used for the platform's own purposes, e.g. for market research and advertising purposes or to analyze your user behavior for the creation of user profiles. For these purposes, cookies from these platforms are usually stored on the user's computer, which can be used to store or assign user profiles.

Although PROTIQ does not have access to the profile data processed by the platforms, PROTIQ may be jointly responsible under data protection law for the use of these platforms. The personal data of the users is processed on the basis of our legitimate interests in simple information and communication with the users pursuant to art. 6 (1) lit. f GDPR.

If you have any questions regarding the processing of your personal data when using these social networks, please contact the respective platform directly, as we do not have access to your data there.

For detailed information on the processing of your personal data and the opt-out options, we refer you to the following linked details of the social media platforms:

Facebook
Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland
on the basis of an joint controller agreement of personal data according to art. 26 GDPR.
Privacy policy at: https://www.facebook.com/about/privacy,
Opt-out at: https://www.facebook.com/settings?tab=ads.

Instagram
Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland
Privacy policy at: http://instagram.com/about/legal/privacy/
Opt-out at: http://instagram.com/about/legal/privacy/ (Ziffer VI.).

YouTube
YouTube LLC, 901 Cherry Ave, San Bruno, CA 94066, USA
represented by: Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043,USA
Privacy policy at: https://www.google.de/intl/de/policies/privacy/,
Opt-out at: https://adssettings.google.com/authenticated.

Twitter
Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2, Ireland
Privacy policy at: https://twitter.com/de/privacy,
Opt-out at: https://twitter.com/personalization.

LinkedIn
LinkedIn Ireland Unlimited Company, Wilton Place, Dublin 2, Irland
Privacy policy at: https://www.linkedin.com/legal/privacy-policy,
Opt-out at: https://www.linkedin.com/psettings/advertising.

XING
XING SE, Dammtorstraße 30, 20354 Hamburg, Deutschland
Privacy policy at: https://privacy.xing.com/de/datenschutzerklaerung
Opt-out at: https://privacy.xing.com/de/datenschutzerklaerung



Web analytics

Matomo (formerly Piwik)

The user actions on the website are recorded and evaluated by the tracking software Matomo
(matomo.org). The IP address is stored anonymously, ie at least the last three digits of the IP address are set to 0. Thus, the collected data cannot be traced back to a specific person.
.

The tracking software is only used to adapt the website to the current technical condi-tions and to optimize the Internet offer for the users. The data obtained in this way shall be solely made available to PROTIQ in processed form and are not passed on to any third parties. Likewise, these data shall never be used for other purposes or even re-sold.

The tracking software runs on own servers of the Phoenix Contact Group exclusively in Germany. Statistical data and any personal data (eg via registration and contact forms) are therefore stored and processed separately. No link is made between personal data and statistical data at any time.

Information on the processing of your personal data within the web analysis can be found at: Web-Analysis

If you do not agree with the analysis of your anonymized visit data, please remove the checkmark from the checkbox listed below to disallow the use of your data. Please note that this is done by setting a cookie in which information is stored that prevents the col-lection of your anonymized user data. If you delete your browser cookies or use another browser for your next visit, you will need to click the link again. Alternatively you have the option to activate the “do not track” checkbox in your browser settings (if available).

Objection against Matomo web analytics


Supplementary information regarding the use and transfer of personal data

PROTIQ may be forced to disclose your data and related information by judicial or official order. Likewise, we reserve the right to use your data for the assertion of or defense against any legal claims. In accordance with applicable law we also reserve the right to store and transfer personal and other data for a specific purpose in order to detect and combat illegal activities, fraudulent attempts or a breach of PROTIQ’s terms of use.


Secure communication on the Internet

We make every effort to transmit and store your personal data using technical and organizational measures in such a way that they are not accessible to third parties.

In general, however, the Internet is regarded as an insecure medium. In contrast to a telephone line, for instance, transmission of data on the Internet can be more easily wiretapped, recorded or even modified by unauthorized third parties. To ensure the confidentiality of communication with you, we use an AES 256bit TLS encryption of our website. According to the current state of knowledge, this encryption, which is used by us, is regarded as secure. This security level is achieved by the operating systems and browsers of the latest generation. If necessary, you should update the operating system and the browser on your PC to enable the use of this high-grade encryption.

In the case of unencrypted communication via e mail, complete data security cannot be guaran-teed, so we advise that you use the postal service for confidential information.


Update to this Privacy Policy

If PROTIQ launches new services, alters its Internet procedures or if the legal requirements or the Internet and IT security technology is further developed, this data protection statement will be updated. We therefore reserve the right to change or supplement this statement as required. The current version will be published at www.protiq.com/en/privacy/ .


Right of access / changing and deleting personal data Information in accordance with Article 13 or 14 GDPR

If you have any questions that have not been addressed by this data protection statement or if you require more detailed information regarding a specific point, please do not hesitate to contact us.
 
If you no longer agree to your personal data being stored or if they become inaccurate, we shall, upon your request to this effect, proceed to their blockage or deletion, or perform the necessary corrections thereto, to the extent possible under the statutory provisions. Upon request, we will inform you about all your personal data that we have stored. To do so, please contact:

PROTIQ GmbH
Flachsmarktstraße 54
32825 Blomberg
Tel. +49 5235 3-4 38 00
Fax +49 5235 3-4 41 154

Please appreciate that we require proof of identity to handle any requests regarding your person-al data we have stored.

Statutory information to be provided where your personal data are collected (in accordance with Article 13 or 14 GDPR) can be found related to the context in those places where we collect your data on this website, or summarized here:



Data Protection Officer

For general questions regarding the collection, processing or use of personal data by us as well as for general information regarding data protection at PROTIQ, please contact us in writing at:



PROTIQ GmbH
– Datenschutzbeauftragter –
Flachsmarktstraße 54
32825 Blomberg



Controller within the meaning of the EU General Data Protection Regulation (GDPR) or the Federal Data Protection Act (FDPA)

PROTIQ GmbH
Flachsmarktstraße 54
32825 Blomberg
Tel. +49 5235 3-4 38 00
Fax +49 5235 3-4 41 154

Updated:  September 26, 2018





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