Imprint

comepack GmbH
Badener Straße 2
D-69493 Hirschberg/Bergstraße

P: +49 6201 4981-0
F: +49 6201 4981-220

Email: info(at)comepack.com
Internet: www.comepack.de

Management:
Klaus Baier
Dr. Johannes Frey

HRB 13338 AG Augsburg
VAT ID DE171773300

Implementation & programming:
www.markentrainer.de

Usage note
The contents of this website have been compiled with the greatest care and updated conscientiously. However, we cannot exclude that there may be some individual mistakes. Therefore, we assume no warranty for accuracy and completeness; this shall not apply to liability for intent and gross negligence. This shall also apply to links referring to other websites.

DATA PRIVACY

We consider data privacy a customer-oriented quality feature. The protection of your personal data and maintenance of your personality rights are important to us. We process and use personal data that are collected when you visit our websites according to the respective statutory provisions on the protection of personal data. Our websites may contain links to websites of other providers that this data privacy statement does not cover.

The following statement provides an overview of how we ensure this protection and what kind of data are collected for which purpose.

Data processing on this website

We automatically collect and store log file information from your server that you browser submits to us.
This includes:

Browser type/version
Operating system used
Referrer URL (the page visited before)
Host name of the accessing computer (IP address)
Time of the server query

These data cannot be assigned to a specific person, however. We use this technical access information only in order to make our websites more attractive and easier to operate and to recognize any technical problems on our website early on.
According to the principle of data avoidance and data economy, we only collect and save personal data if they are mandatory for the purpose desired by you and if you have provided them on your own. We use your personal data to process your query, to give you access to special information and offers or to render special services to you.

Use and disclosure of personal data

We use your personal data only for the purposes listed on this information page on data privacy. Beyond this, we will only collect, process or use personal data if it is required after careful consideration of all interests to preserve the justified business interest of comepack GmbH.
We will only transfer the personal data provided by you without your explicit consent to companies involved in the processing of your order within Roman Mayer Group or to business partners in the scope required for this, but shall not disclose them to any third parties; we shall specifically not sell them to any commercial users or provide them to these for use in any other form.

Use of cookies

We use cookies in order to optimize our website for you and to continually improve it. By continuing to use the website, you agree to the use of cookies.
For more detailed information about cookies in general and their function, see our Cookie Directive page.

Use of Google Analytics

“This website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses “cookies”, which are text files that are saved on your computer and that permit analysis of your use of the website. The information generated by the cookie on your use of this website is usually transferred to a server of Google in the USA and saved there. If IP anonymization is activated on this website, Google will, however, shorten your IP address within member states of the European Union or in other contracting states of the treaty on the European Economic Area beforehand. Only in exceptions will the full IP address be transferred to a server of Google in the USA and shortened there. On the order of the operator of this website, Google will use this information in order to evaluate your use of the website, to compile reports on your website activities and to render further services connected to website use and internet use to the website operator.

The IP address submitted by your browser in the scope of Google Analytics will not be combined with any other data of Google. You may prevent saving of cookies by making the corresponding setting in your browser software; however, note that you may not be able to fully use all functions of this website in that case. You may also prevent transfer of the data generated by the cookie and referring to your use of the website (incl. your IP address) to Google and processing of these data by Google by downloading and installing the browser plugin available under the following link.

More information on this can be found here (general information on Google Analytics and data privacy). Please note that Google Analytics has been supplemented by the code “gat._anonymizeIp();”on this website in order to ensure anonymised recording of IP addresses (called IP masking).”.

Safety of your data

The data submitted by you will be protected by us using suitable technical and organizational means in order to protect them from accidental or willful manipulation, loss, destruction or access by unauthorized persons. Our safety measures will be continually reviewed and improved according to the technical development and organizational options.

Further information

Your trust is important to us. Therefore, we would like to answer any questions you may have concerning the processing of your personal data. If you have any questions that this data privacy statement was unable to answer or if you desire more detailed information on any item, you may contact the data privacy officer at any time.

coseco GmbH
Stephan Hartinger
Data privacy officer (TÜV)
Email: datenschutz(at)coseco.de

As of: January 2018

General Terms and Conditions

General Terms and Conditions
of comepack GmbH, D-69493 Hirschberg for business transactions with companies

I. General matters, scope of application

Deliveries, services, and offers of comepack GmbH (“comepack”) towards companies are made only based on these general terms and conditions (“GTC”). Upon their first integration, they shall apply to all future business relationships with the contracting partner (“Customer”), even if they are not explicitly agreed again.
Deviating, contrary or supplementary conditions shall not become part of the contract, except if their application is explicitly agreed in writing. This shall also apply if comepack renders the service to Customer without reservations, in spite of knowing of deviating or supplementary terms.

II. Offer, conclusion of contract, offer documents

All offers by comepack are subject to change and non-committal. A legally binding contract shall only be entered into once comepack declares acceptance of the offer in text form.
Customer may accept an offer made to him by comepack within 30 days from the time of receipt. Acceptance must be declared in text form. A later declaration shall be deemed an offer towards comepack.
comepack reserves property rights and copyrights in any figures, drawings, and calculations. This shall also apply to such written documents that are designated as confidential. Passing on to third parties shall require the explicit written consent of comepack.

III. Prices, payment terms, retention right, prohibition of offsetting

The prices indicated by comepack in the offer/the order confirmation shall apply, plus the respective applicable statutory VAT. In the absence of any agreement to the contrary, the prices shall be “ex works”. This shall not include any costs for packaging and delivery.
The agreed remuneration shall be paid. If the price has increased by the time of delivery due to any changes to the price-determining factors (such as wage, material, and sales costs for deliveries) as a consequence of changes to the market situation or rate fluctuations (such as crude oil, tolls, etc.), the higher price shall apply. If the price increase is 20% or more, Customer shall have the right to withdraw from the contract. The declaration of rescission must be made in text form without undue delay after notification of the price increase.
Invoiced amounts shall be due without deduction at the latest ten days after the date of the invoice unless explicitly agreed differently in text form. Timeliness of the payment shall be determined based on receipt of the payment by comepack.
Any arising banking fees, in particular due to payments in other currencies than EUR, or in the case of money transfers from abroad, shall be borne by Customer.
If the purchaser does not pay when due, and if the purchaser is a merchant within the meaning of the Commercial Code, the outstanding amount shall bear interest at 9 percentage points above the base interest rate. comepack reserves the right to prove from case to case that the payment delay has caused a greater damage.
The purchaser shall only have a right to offsetting if his counter-claim has been finally determined, is undisputed, or has been recognised by comepack. The purchaser shall only have the right to exercise any retention rights if his counter-claim is due and based on the same contractual relationship.

IV. Partial delivery, delivery time, passing of risk

comepack shall have the right to make partial deliveries.
Information on the delivery deadline shall be non-committal unless explicitly agreed differently.
In the case of a binding delivery period, this shall extend in the cases of strike and force majeure. The extension shall correspond to the duration of the delay. This shall apply accordingly if Customer does not comply with any contribution obligations.
Unless explicitly agreed differently, the delivery shall be made ex works.

V. Warranty

Any claims to defects on the purchaser’s side shall require that he has properly met his statutory examination and complaint obligations.
As far as there is any defect of the object of delivery, comepack shall, at its own discretion, have the right to remove defects or to make a replacement delivery. If this fails, Customer shall also have the right to withdraw from the contract.
The warranty period shall be one year. The period of expiration in the case of a delivery recourse in accordance with §§ 478, 479 of the German Civil Code (Bürgerliches Gesetzbuch; BGB) shall not be affected.
Item VI shall apply to damages claims.

VI. Liability for damage

The liability of comepack for contractual violations of obligations and from tort shall be limited to malicious intent and gross negligence. This shall not apply to any violations of life, body and health, claims due to violation of cardinal obligations, i.e. obligations resulting from the nature of the contract, and the violation of which endangers achievement of the contractual purpose, and reimbursement of default damage (§ 286 BGB). In this respect, comepack shall be liable for any degree of fault.
The above exclusion of liability shall also apply to slightly negligent violations of obligations of our vicarious agents.
Liability in the case of violations of life, body and health shall be limited to the damage typically occurring.
Liability in the case of delivery default shall be limited in amount to 0.5% of the value of the delivery for each complete week of delay, but at most 5% of the value of the delivery, within the scope of flat-rate compensation for delays.
Liability in the case of violation of cardinal obligations shall, unless subject to items 3 or 4, be limited to the typically foreseeable damage.
Any claims from liability for damage not due to violation of life, body or health of Customer, and for which slight negligence is not excluded, shall expire within one year, starting at occurrence of the claim, or in the case of damages claims from handover of the object.
As far as liability for damages is excluded or limited towards us, this shall also apply to the personal liability for damages of our employees, workers, representatives, and vicarious agents.

VII. Reservation of title

comepack reserves title in the goods until all claims from the business relationship with Customer have been met, even if the specific goods have already been paid for.
Customer shall inform comepack without undue delay about any forced execution measures of third parties concerning the reserved goods, including the documents required for intervention; this shall also apply to any other type of impairment. Independently of this, Customer shall inform third parties of the rights to the goods in advance. Customer shall bear the costs arising for comepack from intervention as far as the third party is unable to reimburse these.
Customer shall have the right to sell on/rent out the reserved goods in the scope of regular business. Customer hereby assigns the claims resulting for him from the transactions named towards his contracting partner to comepack for the case of further sale/renting of the reserved goods as collateral, until all claims from the business relationship are met. If reserved goods are processed, transformed, or connected to any other object, comepack shall acquire direct title in the produced object. It shall be deemed reserved goods. Customer remains entitled to collect the claim. comepack’s right to collect the claim directly shall not be affected. However, comepack shall not make use of this while Customer meets his payment obligations from the underlying legal transaction as a whole.
If the value of the collateral exceeds securing of the claims of comepack against the orderer by more than 20%, comepack shall, upon Customer’s request, and at the choice of comepack, release collateral at the corresponding scope.

VIII. Secrecy

Customer commits to keeping any business, operational, and technical matters of comepack that he gains knowledge of in connection with the business relationship secret and to treating them confidentially.
As far as they exceed the state of the art at the time of disclosure, the following information shall be subject to the obligation to secrecy:

any information explicitly designated “confidential” or “secret” in writing;
any information designated as requiring confidentiality;
any technical information, in particular any technical drawings and other technical documents such as materials, goods, samples, templates, equipment, devices, technical processes, and other technical knowledge. Any commercial property rights and other legal assets, in particular manuscripts, texts, technical statements, photographs, films, videos, recordings, software, sound recordings, and similar rights and assets.

3. Customer commits to taking all measures required in order to ensure secrecy of the information disclosed by comepack and to prevent it becoming accessible to any third parties. Customer’s obligation shall also apply towards companies of the group, licensees or customers who receive access to the information requiring secrecy in any manner. The information must only be provided to such persons who have also been committed to secrecy. Such information must not be reproduced or used commercially in Customer’s operation without advance consent in text form.

4. The obligation to secrecy shall apply no matter if information was or is made accessible orally, documented, machine-readable, electronic, or in any other form, e.g. as equipment, samples, templates, or products.

5. The obligation to secrecy and non-use shall not apply as far as the information

verifiably was already known to Customer before the disclosure,
was known to the public or generally accessible before the disclosure,
has become known to the public or generally accessible after the disclosure without any contribution or fault of Customer,
essentially corresponds to information disclosed or made available to Customer by an authorised third party at any time,
must be disclosed due to a binding authority or court order or mandatory statutory provisions, provided that comepack was informed about the disclosure in time beforehand,
that has been released for publication by comepack in text form.

6. The obligations from VIII. shall continue throughout the period of the business relationship. They shall commence with initiation of the business and continue in effect for 5 years beyond termination of the business relationship or its initiation.

IX. Place of performance, choice of law, venue

The law of the Federal Republic of Germany shall apply. Application of UN sales law is excluded.
If Customer is a merchant, a legal entity under public law or a public-law special fund, the venue shall be the local court (Amtsgericht) Weinheim or the regional court (Landgericht) Mannheim that are materially competent for comepack. comepack shall have the right to sue Customer at Customer’s general place of jurisdiction.

Stand: März 2020

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