General Terms and Conditions, Legal Notices and Data Protection Conditions of Saint-Gobain Weber GmbH
The legal information and the information on data protection apply exclusively to the website of Saint-Gobain Weber GmbH.
The contents of the Saint-Gobain Weber GmbH website www.de.weber have been carefully prepared. We also make every effort to check and update it on an ongoing basis. Nevertheless, we cannot accept any liability for the correctness, up-to-dateness, completeness and ongoing availability of the content. We also do not guarantee that the contents are suitable for the user and his purposes. We provide binding information, advice, recommendations or explanations exclusively within the framework of individual communication.
We give our application recommendations based on our experience to the best of our knowledge in accordance with our state of knowledge in science and practice. They are non-binding and do not establish a contractual legal relationship or any secondary obligations. Under no circumstances are purchasers of our products released from the obligation to test them for their suitability for the intended use on their own responsibility. The technical data are the results of laboratory tests. Practical values may deviate from these.
Saint-Gobain Weber GmbH accepts no liability for all links to which this website refers directly or indirectly.
The content and structure of this website are protected by copyright. This protection also applies to the logos and trademarks used on this website. Information, images, logos, trademarks and other data from the Saint-Gobain Weber GmbH website may not be reused or used without the prior written consent of Saint-Gobain Weber GmbH.
Linking external websites to the websites of Saint-Gobain Weber GmbH is only permitted if the link refers to the homepage and no rights of Saint-Gobain Weber GmbH are violated. Direct linking to individual sub-pages is not permitted.
Copyright © 2018 Saint-Gobain Weber GmbH. All rights reserved.
Since May 25, 2018, the requirements of the EU General Data Protection Regulation (hereinafter: DSGVO) apply throughout Europe. In the following, we would like to inform you about the processing of personal data carried out by Saint-Gobain Weber GmbH in accordance with this new regulation (compare Article 13 DSGVO). Please read our data protection information carefully. If you have any questions or comments about this data protection information, you can address them at any time to the offices indicated in section 2.
Table of contents
- name and contact details of the data controller and the company data protection officer
- purposes of data processing, legal basis and legitimate interests pursued by Saint-Gobain Weber GmbH or a third party as well as categories of recipients. 3.1 Calling up our website or application. 3.2 Conclusion, execution or termination of a contract 3.3 Data processing for advertising purposes 3.4 Online presence and website optimization
- transfer to recipients outside the EU
- your rights
- data security measures
The following data protection information informs you about the nature and extent of the processing of so-called personal data by Saint-Gobain Weber GmbH. Personal data is information that can be directly or indirectly attributed to you or can be attributed to you. The data processing by Saint-Gobain Weber GmbH can essentially be divided into three categories:
For the purpose of contract processing, all data required for the performance of a contract with Saint-Gobain Weber GmbH is processed. If external service providers are also involved in the execution of the contract, e.g. logistics companies or subcontractors, your data will be passed on to them to the extent necessary in each case. For the purpose of correspondence, all data required for the processing of inquiries and contacting Saint-Gobain Weber GmbH will be processed. If external service providers are also involved in the processing, e.g. logistics companies or subcontractors, your data will be passed on to them to the extent necessary in each case. When you call up the Saint-Gobain Weber GmbH website/application, various pieces of information are exchanged between your terminal device and our server. This may also involve personal data. The information collected in this way is used, among other things, to optimize our website or to display advertising in the browser of your end device. In accordance with the provisions of the GDPR, you have various rights that you can assert against us. These include the right to object to selected data processing, in particular data processing for advertising purposes. If you have any questions about our data protection information, you are welcome to contact our company data protection officer at any time. You will find his contact details below.
2. name and contact details of the data controller and the company data protection officer
This data protection information applies to data processing by Saint-Gobain Weber GmbH, Schanzenstr. 84, 40549 Düsseldorf, Germany (“data controller”). It also applies to the following websites or applications: www.sg-weber.de, www.de.weber, Weber-App, www.bestellung.weber, export.de.weber. The company data protection officer of Saint-Gobain Weber GmbH can be reached at the above address.
3. purposes of data processing, legal basis and legitimate interests pursued by Saint-Gobain Weber GmbH or a third party as well as categories of recipients.
3.1 Calling up our website/application.
When you access our website/application, information is automatically sent to the server of our website/application by the browser used on your end device and temporarily stored in a so-called log file. We have no influence on this. The following information is also collected without your intervention and stored until automated deletion:
the IP address of the requesting internet-capable device, the date and time of access, the name and URL of the file accessed, the website/application from which the access was made (referrer URL), the browser you use and, if applicable, the operating system of your Internet-enabled computer as well as the name of your access provider. The legal basis for the processing of the IP address is Article 6(1)(f) DSGVO. Our legitimate interest follows from the purposes of data collection listed below. From the collected data, we are not able to draw any direct conclusions about your identity, nor will we do so. The IP address of your terminal device and the other data listed above are used by us for the following purposes:
- Ensuring a smooth connection setup,
- Ensuring a comfortable use of our website/application,
- Evaluation of system security and stability.
The data is stored for a period of one year and then automatically deleted. Furthermore, we use so-called cookies, tracking tools and social media plug-ins for our website/application. The exact procedures involved and how your data is used for this purpose are explained in more detail below in section 3.4. If you have consented to geolocation in your browser or operating system or other settings on your end device, we use this function to offer you individual services based on your current location (e.g., the location of the nearest store). We process your location data processed in this way exclusively for this function. If you terminate the use, the data will be deleted.
3.2. conclusion, execution or termination of a contract
3.2.1. Data processing upon conclusion of a contract
The object of activity of Saint-Gobain Weber GmbH is the development, manufacture and sale of building materials, construction machinery and equipment as well as the performance of all related services. In this context, we process the data required for the conclusion, execution or termination of a contract with you. This includes:
Company, first name, last name Invoice and delivery address e-mail address, if applicable Invoice and payment data Date of birth, if applicable Telephone number, if applicable The legal basis for this is Article 6(1)(b) DSGVO, i.e. you provide us with the data on the basis of the contractual relationship between you and us. Insofar as we do not use your contact data for advertising purposes (see section 3.3. below), we store the data collected for the purpose of processing the contract until the expiry of the statutory or possible contractual warranty and guarantee rights. After expiry of this period, we retain the information required by commercial and tax law relating to the contractual relationship for the periods specified by law. For this period (regularly ten years from the conclusion of the contract), the data is processed again solely in the event of an audit by the tax authorities.
3.2.2 Identity, creditworthiness and transmission to credit agencies
Where necessary, we verify your identity by using information from service providers. The legal basis for this is Article 6 (1) (b) and (f) DSGVO. The authorization for this results from the protection of your identity and the prevention of fraud attempts at our expense. The circumstance and the result of our inquiry will be added to your customer account for the duration of the contractual relationship. If you have already made a purchase from us, the data we have stored about you may be supplemented by so-called score values. Scoring is the creation of a forecast about future events based on information collected and past experience. On the basis of the data stored about you, an assignment is made to statistical groups of people who have had similar entries in the past. The underlying procedure used is a well-founded mathematical-statistical method for forecasting risk probabilities that has been tried and tested in practice for a long time. In the event of a delay in payment, we transmit the necessary data to a company commissioned to enforce the claim if the other legal requirements are met. The legal bases for this are both Article 6(1)(b) and Article 6(1)(f) DSGVO. The assertion of a contractual claim is considered a legitimate interest within the meaning of the second-mentioned provision. We also transmit information about the delay in payment or any bad debt to credit agencies cooperating with us if the other legal requirements are met. The legal basis for this is Article 6 (1) (f) DSGVO. The legitimate interest required here results from our interest and the interest of third parties in reducing contractual risks for future contracts.
3.2.3. My Weber Account
At “My Weber” you can create a personal customer account. We will set up password-protected access for those who have registered accordingly, if you have given us your express consent to do so within the meaning of Article 6(1)(a) DSGVO. For this purpose, we process the data deposited by you to create your customer account. We process the following data in this respect:
- First and last name
- Telephone number
- Email address
- Category of your profession
In your customer account, in addition to managing your user data, you can also receive extended information on products and application assistance. Furthermore, you have the possibility to save and rate blog posts. By using your customer account, you agree to keep your personal access data confidential and not to make it available to any unauthorized third party. We cannot accept any liability for misused passwords, unless we are responsible for the misuse. Unless you log out, you will automatically remain logged in. This feature allows you to use some of our services without having to log in again each time. For security reasons, however, you will be asked to enter your password again if, for example, your personal data is to be changed. You can revoke your consent at any time free of charge, unless the relevant laws permit data processing, among other things, for the fulfillment of a contract pursuant to Article 6(1)(b) DSGVO or there is a legal obligation to retain data for this purpose.
3.3 Data processing in the application process
Insofar as you send us your application documents electronically or by post or transmit them to us via the applicant portal, you are providing us with your personal data about a specific application for the purpose of the job search in accordance with Article 6(1)(b) DSGVO. Your data will be processed on our systems. During the application process, the following personal data, among others, will be processed.
- First name and surname
- residential address
- e-mail address
- telephone numbers
- Cover letter
- Letter of motivation
- curriculum vitae
- Information provided during the interview
will be stored by us. This data is only stored, evaluated, processed or forwarded internally as part of your application. They are only accessible to employees of the personnel department and the decision-makers of the respective specialist departments. Under no circumstances will your data be passed on to companies or persons outside the Saint-Gobain Weber group of companies or used for other purposes. The data may be processed for statistical purposes (e.g. reporting). In doing so, it is not possible to draw conclusions about individual persons. We store your information in our applicant management system until the application process is completed, but no longer than 6 months. After the above-mentioned period has expired, your information will be completely deleted. If you take up employment with the Saint Gobain Weber Group of Companies, your personal data, or at most an extract thereof, will be placed in your personnel file.
3.4 Data processing for advertising purposes
The following statements relate to the processing of personal data for advertising purposes. The GDPR declares such data processing based on Article 6(1)(f) to be conceivable in principle and a legitimate interest. The duration of data storage for advertising purposes does not follow any rigid principles and is based on the question of whether the storage is necessary for the advertising approach. Please refer to section 3.3.3 for information on how to proceed in the event of your objection.
3.4.1. Advertising purposes of Saint-Gobain Weber GmbH and third parties
Insofar as you have concluded a contract with us, we manage you as an existing customer. In this case, we process your postal contact data outside the existence of a specific consent in order to send you information about new products and services in this way. We process your e-mail address in order to send you information about our own similar products, unless you have given your specific consent.
3.4.2. Interest-based advertising
In order to ensure that you only receive advertising information that is of supposed interest to you, we categorize and supplement your customer profile with the following We categorize and add further information to your customer profile. Statistical information as well as information about you (e.g. basic data of your customer profile) is used for this purpose. The aim is to provide you with advertising that is geared solely to your actual or perceived needs and, accordingly, not to bother you with useless advertising.
3.4.3 Right of objection
You may object to data processing for the above-mentioned purposes at any time, free of charge, separately for the respective communication channel and with effect for the future. For this purpose, it is sufficient to send an e-mail or a postal letter to the contact data mentioned in section 2.If you object, the contact address concerned will be blocked from further data processing for advertising purposes. We would like to point out that in exceptional cases, advertising material may still be sent temporarily after receipt of your objection. This is technically due to the necessary lead time of advertisements and does not mean that we will not implement your objection. Thank you for your understanding.
3.4.4. Newsletter dispatch
On our website we offer you the possibility to register for our newsletter. To ensure that no mistakes are made when entering the email address, we use the so-called double opt-in procedure: After you have entered your email address in the registration field, we will send you a confirmation link. Only when you click on this confirmation link will your email address be added to our distribution list. You can revoke your consent at any time with effect for the future. For this purpose, it is sufficient to send a short note by email to the email address given under 2. In addition, in the respective email in which the newsletter is sent to you, there is a link that you can use to exercise your right of revocation by clicking on it.
3.5. Contact and correspondence
3.5.1. General contacting
As soon as you contact us and provide us with your contact data, we process this contact data by way of correspondence in our CRM system. We process the following data in this process:
- First and last name
- e-mail address
- telephone numbers
The legal bases for this are both Article 6(1)(b) and Article 6(1)(f) DSGVO. The assertion of contact for sales purposes in the business-to-business (B2B) area, taking into account a balancing of interests, can be regarded as a legitimate interest within the meaning of the second-mentioned provision. This data will not be passed on to third parties outside the group of companies and will be deleted immediately after the contact has been made, provided that no further purposes of use arise from this. In the case of Article 6(1)(f) DSGVO, you may object to the processing unless the relevant laws permit data processing, inter alia, for the performance of a contract pursuant to Article 6(1)(b) DSGVO or there is a legal obligation to retain data for this purpose. Please refer to section 3.4.3 for information on how to proceed in the event of your objection.
3.5.2. Electronic contacting
As soon as you contact us electronically (e.g. e-mail or contact form), we process your contact data in our CRM system. The purpose of the processing is the processing of inquiries. The following data is processed by us in this context:
- e-mail address
- First and last name
- Telephone numbers, if applicable
This data will not be passed on to third parties outside the group of companies and will be deleted immediately after the contact has been established, provided that no further purposes of use arise from this.
3.6. online presence and website optimization
3.6.1. cookies - general information
This website uses Mouseflow, a web analytics tool from Mouseflow ApS, Flaesketorvet 68, 1711 Copenhagen, Denmark, to record randomly selected individual visits (but only with anonymized IP addresses). This creates a log of mouse movements and clicks for the sole purpose of randomly replaying individual website visits and deriving potential improvements for the website. As a result of anonymization, the information is not personally identifiable and will not be shared with third parties. If you do not wish your visits to be recorded, you can deactivate this on the aforementioned website that uses Mouseflow by clicking on the following link: www.mouseflow.de/opt-out/.
3.6.3 Piwik advertising analysis service
3.6.4 Google Analytics
For the purpose of demand-oriented design and continuous optimization of our pages, we use Google Analytics, a web analytics service provided by Google Inc. (“Google”). In this context, pseudonymized usage profiles are created and cookies are used. The information generated by the cookie about your use of this website such as.
- browser type/version,
- operating system used,
- referrer URL (the previously visited page),
- host name of the accessing computer (IP address),
- time of the server request,
3.6.5 Social media plug-ins
We use social plug-ins from the social networks Facebook, Google+, Twitter, Instagram, LinkedIn and Xing [add if necessary] on our website in order to make our company better known via these. The underlying promotional purpose is to be regarded as a legitimate interest within the meaning of the GDPR. The responsibility for data protection compliant operation is to be ensured by their respective providers. The integration of these plug-ins by us takes place by way of the so-called two-click method in order to protect visitors to our website as best as possible: By default, we embed deactivated buttons in our website that do not establish contact with the servers of the social networks. Only when you have activated them and thus declared your consent to communication with Facebook, Google or Twitter etc., the buttons become active and establish the connection. Then you can submit your recommendation with a second click. If you are already logged in to the social network of your choice, this is done without another window for Facebook and Google+. On Twitter, a pop-up window appears in which you can still edit the text of the tweet.
Plug-ins of the short message network Twitter Inc. are also integrated on our website. You can recognize the Twitter plug-ins (“Twitter” button) by the Twitter logo (a white bird on a blue background) and the addition “Twitter”. When you call up a page of our website that contains such a plug-in, a direct connection is established between your browser and the Twitter server. Twitter thereby receives the information that you have visited our site with your IP address. If you click the Twitter button while you are logged into your Twitter account, you can link the content of our pages on your Twitter profile. This allows Twitter to associate the visit to our pages with your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Twitter. You can find more information about this here. If you do not want Twitter to be able to associate your visit to our pages, please log out of your Twitter user account.
Plugins of the social network LinkedIn, Wilton Place, Dublin 2, Ireland (“LinkedIn”) are integrated on our website. The plugins are set up as a two-tier solution to protect the privacy of users. When our website is called up, the user’s browser only establishes a direct connection to LinkedIn’s servers when the user activates the LinkedIn button by clicking on it. The content of the plugin is transmitted by LinkedIn directly to the user’s browser and integrated into the website. By activating the plugin, LinkedIn receives, among other things, the information that the respective user has accessed our website. The purpose and scope of the data collection and the further processing and use of the data by LinkedIn, as well as the corresponding rights and setting options of the users to protect their privacy, can be found in the data protection information of LinkedIn under https://www.linkedin.com/legal/privacy-policy?trk=hb_ft_priv. We expressly point out that we have no influence on the type, scope and use of the data that LinkedIn collects with the LinkedIn button.
Our website uses plugins from the social network XING, which is operated by XING AG, Dammtorstraße 30, D-20354 Hamburg (“XING”). The plugins are set up as a two-tier solution to protect the privacy of users. When our website is called up, the user’s browser only establishes a direct connection to XING’s servers when the user activates the XING button by clicking on it. The content of the plugin is transmitted by XING directly to the user’s browser and integrated into the website. By activating the plugins, XING receives, among other things, the information that the respective user has accessed our website. The purpose and scope of the data collection and the further processing and use of the data by XING, as well as the corresponding rights and setting options of the users for the protection of their privacy, can be found in the data protection notices of XING at https://www.xing.com/privacy. We expressly point out that we have no influence on the type, scope and use of the data that XING collects with the XING button.
We use the provider YouTube, among others, for the integration of videos. YouTube is operated by YouTube LLC with headquarters at 901 Cherry Avenue, San Bruno, CA 94066, USA. YouTube is represented by Google Inc. with headquarters at 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.
On some of our Internet pages, we use plugins of the provider YouTube. When you call up the Internet pages of our website that are provided with such a plugin - for example, our media library - a connection is established to the YouTube servers and the plugin is displayed. This transmits to the YouTube server which of our Internet pages you have visited. If you are logged in as a member of YouTube, YouTube assigns this information to your personal user account. When using the plugin, such as clicking on the start button of a video, this information is also assigned to your user account. You can prevent this assignment by logging out of your YouTube user account as well as other user accounts of the companies YouTube LLC and Google Inc. before using our website and deleting the corresponding cookies of the companies.
3.6.12. Google Maps
This website uses Google Maps to display interactive maps and to create directions. Google Maps is a map service provided by Google Inc, 1600 Amphitheatre Parkway, Mountain View, California 94043, USA. It is used on the basis of Art. 6 para. 1 p. 1 lit. f. DS-GVO. By using Google Maps, information about the use of this website, including your IP address and the (start) address entered as part of the route planner function, may be transmitted to Google in the USA If you call up a web page of our website that contains Google Maps, your browser establishes a direct connection with Google’s servers. The map content is transmitted by Google directly to your browser, which then integrates it into the website. Therefore, we have no influence on the scope of the data collected by Google in this way. According to our knowledge, this is at least the following data:
Date and time of the visit to the website in question, Internet address or URL of the website accessed, IP address (start) address entered in the context of route planning. We have no influence on the further processing and use of the data by Google and can therefore not assume any responsibility for this.
By using our website, you consent to the processing of data about you by Google Maps Route Planner in the manner and for the purposes set out above.
3.6.13 Lead Forensics
For marketing and optimization purposes, products and services of the company LeadForensics (http://www.leadforensics.com) are used on this website. LeadForensics is headquartered at Communication House 26 York Street, London, W1U 6PZ United Kingdom. Lead Forensics obtains details of your organization including phone number, web address, SIC code, a description of the company. Lead Forensics will show the actual history of your visit to this site, including all pages visited and viewed by you and how long you spent on the site. Under no circumstances will the data be used to personally identify an individual visitor. If IP addresses are collected, they are anonymized immediately after collection. On behalf of the operator of this website, Lead Forensics will use the collected information for the purpose of evaluating your visit to the website, compiling reports on website activity and providing other services relating to website activity and internet usage to the website operator.
4. recipients outside the EU
With the exception of the processing described in detail under number 3, we do not pass on your data to recipients based outside the European Union or the European Economic Area. Insofar as the processing operations listed under number 3 transfer data to recipients located outside the European Union or the European Economic Area, the respective servers are located in the USA. The corresponding data transfer takes place in accordance with the principles of the so-called Privacy Shield and on the basis of so-called standard contractual clauses of the EU Commission.
5. your rights
In addition to the right to revoke your consent given to us, you are entitled to the following additional rights if the respective legal requirements are met:
- Right to information about your personal data stored by us pursuant to Art. 15 DSGVO; in particular, you may request information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the origin of your data, if it has not been collected directly from you,
- Right to have incorrect data corrected or correct data completed in accordance with Art. 16 DSGVO,
- Right to delete your data stored by us in accordance with Art. 17 DSGVO insofar as no legal or contractual retention periods or other legal obligations or rights to further storage are to be observed,
- Right to restrict the processing of your data pursuant to Art. 18 DSGVO, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you object to its erasure; the controller no longer requires the data, but you need it for the assertion, exercise or defense of legal claims or you have objected to the processing pursuant to Art. 21 DSGVO,
- Right to data portability pursuant to Art. 20 DSGVO, i.e. the right to have selected data stored by us about you transferred in a common, machine-readable format, or to request the transfer to another controller,
- The right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our company headquarters for this purpose.
5.2 Right of objection
Under the conditions of Art. 21 (1) DSGVO, data processing may be objected to for reasons arising from the particular situation of the data subject. The above general right of objection applies to all processing purposes described in this Privacy Notice, which are processed on the basis of Article 6(1)(f) DSGVO. Unlike the specific right of objection directed at data processing for advertising purposes, we are only obliged under the GDPR to implement such a general objection if you provide us with reasons of overriding importance for doing so (e.g., a possible risk to life or health). In addition, you have the option of contacting the supervisory authority responsible for Saint-Gobain Weber GmbH, i.e. the data protection officer in North Rhine-Westphalia.
6. data security
All data transmitted by you personally, including your payment data, will be transmitted using the generally accepted and secure standard SSL (Secure Socket Layer). SSL is a secure and proven standard that is also used, for example, in online banking. You can recognize a secure SSL connection, among other things, by the appended s at the http (i.e. https://…) in the address bar of your browser or by the lock symbol in the lower area of your browser. We also use appropriate technical and organizational security measures to protect your personal data stored by us against manipulation, partial or complete loss and against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments and are certified.
This text has been machine translated as a service to you. The original, legally binding text can be found at https://www.de.weber/agbs-rechtliche-hinweise-datenschutzbestimmungen.
If you have any questions about the use of your personal data, you can contact our data protection officer:
Saint Gobain Weber GmbH Schanzenstr. 84 40549 Düsseldorf
Phone: +49 (0) 211 / 91 369-0 E-mail: Datenschutzbeauftragter@rigips.de
General Terms and Conditions
Status April 2023
- These are the General Terms and Conditions of Sale and Delivery of Saint-Gobain Weber GmbH (hereinafter also individually referred to as "Saint-Gobain Weber").
- These Terms and Conditions of Sale and Delivery shall only apply to entrepreneurs (§ 14 BGB - German civil code) as well as to legal entities under public law and special funds under public law.
- The General Terms and Conditions of Sale and Delivery of Saint-Gobain Weber shall apply exclusively as well as the Silo Installation Conditions of Saint-Gobain Weber additionally for silo deliveries. Conflicting, deviating or supplementary terms and conditions of the Customer shall not be recognised by Saint-Gobain Weber, unless Saint-Gobain Weber has expressly agreed to their validity in writing. The General Terms and Conditions of Sale and Delivery of Saint-Gobain Weber shall also apply if Saint-Gobain Weber carries out the delivery without reservation in the knowledge of the Customer's terms and conditions.
- The sales staff of Saint-Gobain Weber is not authorised to make verbal agreements with the Customer in connection with the contract that deviate from the order form or these General Terms and Conditions of Sale and Delivery.
II. Offer and conclusion of contract
- Offers of Saint-Gobain Weber are always non-binding.
- The Customer's order is a binding offer.
Saint-Gobain Weber is entitled to accept this offer within two weeks after its receipt by Saint-Gobain Weber.
Acceptance by Saint-Gobain Weber may be declared by sending an order confirmation or by delivering the ordered goods to the Customer.
III. Content of the contract
- In the event of the sale of products together with accessories including external thermal insulation composite systems, Saint-Gobain Weber undertakes, subject to clause VIII, to hand over the goods to the Buyer and to grant ownership of the goods free of material defects and legal defects. Filling-related excessive deliveries (pump truck/silo deliveries) shall be credited to the Customer after re-weighing of the returned quantities. Filling-related short deliveries (pump truck/silo deliveries) up to a deviation of 10% are due to technical reasons, do not constitute a breach of contract on the part of Saint-Gobain Weber and also do not constitute a partial performance.
- The instruction of the Customer by Saint-Gobain Weber in the machine technology does not constitute an obligation to process products on the part of Saint-Gobain Weber. A liability of Saint-Gobain Weber is excluded - even if Saint-Gobain Weber uses third parties for the fulfilment of the contract - in case of faulty processing of products (as far as Saint-Gobain Weber is not responsible for this) or incorrect application of machine technology. After successful instruction in the machine technology, the Customer shall be liable himself for any processing defects, as far as Saint-Gobain Weber is not responsible for these. If an employee of Saint-Gobain Weber is nevertheless involved by the Customer in the processing of the product, the Customer shall assume any liability arising from the involvement of the employee as a result of such processing errors, insofar as Saint-Gobain Weber is not responsible for these.
- A consulting obligation of Saint-Gobain Weber shall only be established if the consulting service has been agreed in writing. In this context, the advisory service shall be limited exclusively to products manufactured or distributed by Saint-Gobain Weber. A liability for damages due to possible incorrect advice is only given if the advice was given in writing, whereby the liability of Saint-Gobain Weber is limited in accordance with clause XIII.
- For products or services of Saint-Gobain Weber for which no individual prices have been agreed, the price list of Saint-Gobain Weber shall apply. The valid status of the individual prices or the price list for the respective delivery or performance of services results from the offer or the order confirmation of Saint-Gobain Weber. The prices are quoted in EURO plus the valid value added tax (VAT).
- The "carriage paid prices" - insofar as agreed - shall apply to orders/deliveries to an unloading point from a total value of EUR 1,200.00 - unless a higher order value has been agreed. For deliveries of partial lots or small orders, a small order surcharge will be charged according to the valid price list. For self-collectors of silos, bag goods, bucket goods and ETICS products, Saint-Gobain Weber shall grant - insofar as "carriage paid prices" have been agreed - a freight reimbursement according to the valid price list.
- If "carriage free" prices have been agreed, these shall apply within the agreed delivery limits. If no delivery limits have been agreed, these shall apply to mainland Germany. If no "carriage free prices" have been agreed, the prices are to be understood as "ex works". In the event of subsequent changes to the delivery address, the Customer shall bear all additional costs arising therefrom.
V. Transfer of risk/deliveries
- The risk shall pass to the Customer at the latest upon handover of the delivery clause (whereby the start of the loading process shall be decisive) to the forwarding agent, carrier or other third party designated to carry out the shipment. This shall also apply if partial deliveries are made or Saint-Gobain Weber has assumed other services (for ex. shipment or installation). If the dispatch or the handover is delayed due to a circumstance the cause of which lies with the Customer, the risk shall pass to the Customer from the day on which the Seller is ready for dispatch and has notified the Customer thereof.
- In the event of force majeure as well as other unforeseeable and extraordinary circumstances, e.g operational disruption, strike, lockout, official interventions, energy supply difficulties, etc., for which Saint-Gobain Weber is not responsible and which make it impossible to execute accepted orders on schedule, the delivery time shall be extended by the duration of the hindrance.
- Unloading with the aid of loading cranes, truck-mounted forklifts, etc. shall be charged in accordance with the rates listed in the valid price list (clause IV, paragraphs 1 and 2). The delivery of pallets by Saint-Gobain Weber takes place in exchange for pallets of the same quality. The employees of the Saint-Gobain Weber receiving plant shall decide whether the pallets offered for exchange have the necessary quality and are accepted as exchange pallets. If additional pallets are required, Saint-Gobain Weber shall invoice these according to the valid rates of the price list. A return of pallets at the respective valid rates is possible, but only to the extent of pallets that have previously been invoiced by Saint-Gobain Weber during a period of 12 months retroactively from the date of provision.
- All deliveries shall be made subject to a vehicle-access, traffic-safe access road for vehicles with a permissible total weight of 40 tons. The Customer guarantees the trafficability and traffic safety of the access road. If unloading by Saint-Gobain Weber is desired, this shall be carried out at the roadside.
- In case of delivery of silo goods, the Customer shall prepare and ensure a suitable stable silo position in due time. In the case of silo positions - also in the absence of the Customer - the Customer is obliged to inform Saint-Gobain Weber immediately if a dangerous or hazardous silo position is identifiable. This also applies if the danger or the hazardousness of the silo position results from external circumstances (e.g weather conditions). If silos are placed partially or completely on public roads, areas or pedestrian paths, the Customer as user of the silo must obtain a permit from the responsible local authority beforehand and submit it to Saint-Gobain Weber. During darkness, the Customer shall install lighting at the silos. The obligation to ensure traffic safety including the obligation to comply with public law regulations as well as sufficient protection against danger to third parties lies exclusively with the Customer as of the handover of building machines and silos. If these regulations are violated, public law requirements shall be fulfilled by the Customer and any fines and damages shall be borne by the Customer.
Silo goods are not available at all locations across the whole product range.
VI. Delivery evidence
In the case that the proof of delivery for delivered products or construction machine technology cannot be provided by delivery notes signed by the Customer, the delivery evidence can be provided by confirmation of the employee of the Saint-Gobain Weber delivering plant or the forwarding agent commissioned by Saint-Gobain Weber.
- Unless otherwise agreed in writing, invoices are to be paid within 10 days after the invoice date with a 2% discount or within 30 days net. Ancillary services and other services are not eligible for discount.
- Offsetting by the Customer with counterclaims of any kind whatsoever shall be excluded, unless the counterclaim put forward for offsetting is not disputed by Saint-Gobain Weber, is acknowledged or is legally established. The Customer shall not be entitled to a right of retention due to partial performance pursuant to § 320 (paragraph 2) BGB.
VIII. Reservation of proprietary rights
- Saint-Gobain Weber retains title to all goods delivered by Saint-Gobain Weber until full payment of the entire claim arising from the business relationship.
- Pledging or transfer of ownership of goods delivered under retention of title by the Customer is not permitted. In the event of a seizure by third parties, Saint-Gobain Weber shall be informed thereof without delay.
- The Customer is entitled to resell and/or process the goods subject to retention of title in the ordinary course of business. In this case, the following provisions shall apply in addition:
- The retention of title shall extend to the products resulting from the processing, mixing or combination of the products delivered by Saint-Gobain Weber at their full value, whereby Saint-Gobain Weber shall be deemed to be the manufacturer. If, in case of processing, mixing or combination with goods of third parties, their right of ownership remains, Saint-Gobain Weber shall acquire co-ownership in proportion to the invoice values (including VAT) of the processed, mixed or combined goods.
- The Customer already now assigns to Saint-Gobain Weber for good measure the claims against third parties arising from the resale of the goods or the product in total or in the amount of the possible co-ownership share of Saint-Gobain Weber in accordance with the aforementioned clause I. Saint-Gobain Weber hereby accepts the assignment.
The Customer hereby assigns to Saint-Gobain Weber by way of security the claims against third parties arising from the resale of the goods or the product in total or in the amount of the possible co-ownership share of Saint-Gobain Weber in accordance with the above clause I.
- The Customer shall remain authorised to collect the receivables in addition to Saint-Gobain Weber. Saint-Gobain Weber undertakes not to collect the claim as long as the Customer meets his payment obligations towards Saint-Gobain Weber, is not in default of payment, no application for the opening of insolvency proceedings has been filed and there is no other deficiency in his ability to pay. If this is the case, however, Saint-Gobain Weber may demand that the Customer informs Saint-Gobain Weber of the assigned claims and their debtors, provides all information required for the collection, hands over the related documents and announces the debtor, provides all information required for the collection, hands over the associated documents and informs the debtors (third parties) of the assignment.
- If the realisable value of the securities exceeds the claims of Saint-Gobain Weber by more than 10 %, Saint-Gobain Weber shall release securities at the request of the Customer at the discretion of Saint-Gobain Weber.
- In the event of a breach of contract on the part of the Customer, in particular in the event of default in payment, Saint-Gobain Weber shall be entitled to withdraw from the contract in accordance with the statutory provisions and/or to demand the surrender of the silos and construction machinery including accessories provided to the Customer together with the delivered goods on the basis of the retention of title. The demand for surrender shall not at the same time include the declaration of withdrawal; Saint-Gobain Weber shall rather be entitled to merely demand the surrender of the silos and construction machinery including accessories provided to the Customer together with the delivered goods and to reserve the right of withdrawal. If the Customer does not pay the due purchase price, Saint-Gobain Weber may only assert these rights if Saint-Gobain Weber has unsuccessfully set the Customer a reasonable deadline for payment, unless such setting of a deadline is dispensable according to the statutory provisions.
IX. Rental and service charges
- The rental fees and the fees for silo and machine technology and for other services are based on the valid price list.
- The rental and service fees include all services and spare parts due to regular wear. Services and spare parts due to intentional or negligent damage or defective cleaning will be charged in accordance with the valid price list (clause IV, paragraphs 1 and 2) or in the amount of the actual costs (spare parts/service technician hour/journey/km rate).
- Saint-Gobain Weber provides maintained and ready-to-use silo/machine technology. If malfunctions occur during operation, Saint-Gobain Weber must be informed immediately. Saint-Gobain Weber undertakes to remedy any malfunctions immediately.
- The respective rents shall be determined on the basis of the silo throughputs per day customary in the market. In the case of longer silo/machine standing times, a silo/machine rental shall be charged in accordance with the valid price list (clause IV, paragraphs 1 and 2).
- The completion of the work on the construction site for which the silo was required must be reported immediately to Saint-Gobain Weber Customer Service, stating the silo number.
- For silo relocations within one construction site, for transport to another construction site, for waiting times at the construction site as well as for additional journeys, the transport services shall be invoiced in accordance with the valid price list (clause IV, paragraphs 1 and 2).
X. Return of goods
The return of saleable goods - except in the case of defective delivered goods - is only possible in the following cases:
- for loose goods whose shelf life is still at least half of the storage time specified in the technical data sheet.
- in the case of the return of silo goods, ordered & unused quantities over 1 ton for all product groups except masonry mortars, screeds, concrete products over 2 tons shall be remunerated at the invoice price less pre-carriage deductions in accordance with the valid price list (clause IV paragraphs 1 and 2).
Return deliveries of goods in piccolo silos shall not be remunerated.
The return of defect-free packaged goods delivered by us is excluded. If, by way of exception, we agree to the return of defect-free packaged goods with a value of goods > 200 €, a credit note for this shall only be issued to the extent that we determine the unrestricted re-usability. The actual costs for inspection, preparation, re-working and re-packaging will be deducted by at least 35% of the invoice amount. Any freight costs incurred for returned goods will be deducted additionally. Such credit note shall not be paid out, but shall only be used to offset against future deliveries.
The return of non-stocked products (coloured overlay renders, special products, machine spare parts and reaction resin-based products, etc.) is not possible.
XI. Information on yields/consumption rates/colour shade and texture
- Yield and consumption data are average values. They are not binding, as the amount used depends on the nature of the substrate and the application method. Therefore, when ordering, always mention the material quantity and not the application area. Material consumption quantities determined by Saint-Gobain Weber’s employees at the request of the Customer or consumption quantities taken from Saint-Gobain Weber documents cannot be regarded as binding for the individual case.
- In the case of coloured products, like scratch renders and overlay renders/plasters, no guarantee can be given for the colour shade and surface texture. Slight deviations in colour shade are due to the raw material or texture and do not constitute a defect.
XII. Material defects and legal defects
- The Customer is obliged to give written notice of visible defects within one week of transfer of possession in the case of visible defects and within one week of discovery in the case of hidden defects. Defects that can be discovered immediately as a result of reasonable spot checks are visible defects within the meaning of this provision. A defect that must be reported shall also be deemed to exist in the event of a discrepancy between the quantity ordered and the quantity actually delivered as shown on the delivery note.
- Saint-Gobain Weber's obligation to indemnify shall not apply if
- Saint-Gobain Weber did not carry out the required verifications of the goods complained about or the damage claimed;
- the Customer does not fulfil his obligation to give notice of defects in due time;
- the goods supplied by Saint-Gobain Weber are processed in contradiction to the application guidelines as specified by the relevant DIN standards, the technical bulletins and, if applicable, recommendations by Saint-Gobain Weber’s employees.
- If the Buyer fails to examine the properties relevant for the intended use at least on a random basis before installing or applying the goods (e.g by means of functional tests or a trial installation), he shall be in substantial breach of the due care customary in commercial transactions (gross negligence).
- The necessity of expenses for the removal of defective goods and the installation of non-defective goods must be explained and proven by the Customer. For this purpose, the actual costs incurred for the measure reasonably undertaken must be proven in a comprehensible statement of account. § 439 (section 3) BGB remains unaffected.
- Insofar as the costs of subsequent performance are disproportionate according to the individual circumstances of the case, the Seller may refuse to reimburse these expenses. The costs shall be disproportionate in particular if the costs of subsequent performance are disproportionate to the value of the goods in a defect-free condition or to the significance of the defect. This is regularly the case if the total necessary costs of subsequent performance exceed 150% of the invoiced value of the goods or 200% of the reduced value due to the defect. This does not apply in the case of a purchase of consumer goods. If it is a purchase of consumer goods according to §§ 474 seq. BGB, the Seller may limit the reimbursement of expenses to be paid to the Buyer to a reasonable amount.
- The Buyer's right of recourse pursuant to §§ 445a, 445b BGB (Seller's right of recourse) shall only exist insofar as the Buyer has not made any agreements with its Customer that go beyond the statutory claims for defects. In this context, however, the Buyer's right of recourse pursuant to §§ 445a, 445b BGB shall only exist up to a maximum amount of 150 % of the invoiced value of the goods; this shall not apply in the case of recourse where the last contract in the supply chain is a purchase of consumer goods.
XIII. Other liability
- Saint-Gobain Weber shall be liable for damages - irrespective of the legal grounds - in the event of intentional and gross negligence - including intentional or gross negligence on the part of Saint-Gobain Weber's representatives or vicarious agents.
- In the event of simple/slight negligence, Saint-Gobain Weber shall only be liable for
- damages arising from injury to life and limb, or health
- damages resulting from the breach of an essential contractual obligation (i.e an obligation the fulfilment of which is a prerequisite for the proper performance of the contract and the observance of which the contractual partner regularly relies on and may rely on); in this case, however, Saint-Gobain Weber's liability shall be limited to compensation for the foreseeable, typically occurring damage.
- The above limitations of liability shall not apply if Saint-Gobain Weber has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods. The same shall apply to claims of the Customer under the Product Liability Law.
- Apart from that, liability for damages - regardless of the legal nature of the asserted claim - is excluded. In this respect, Saint-Gobain Weber shall in particular not be liable for damages which have not occurred to the delivery clause itself, such as loss of profit and other financial losses of the Buyer.
XIV. Limitation periods
- Claims of the Customer based on the defectiveness of the delivery for subsequent performance, damages and compensation for use shall become statute-barred one year after delivery of the purchased clause. This does not apply to a clause that has been used for a building in accordance with its customary use and has caused its defectiveness; in this case, the statute of limitation shall only apply after 5 years. In the event of replacement deliveries and rectifications, the limitation period for claims for defects shall not begin anew and shall end in accordance with the original limitation period for claims for defects.
- Insofar as the claim for subsequent performance is time-barred, the claims for reduction and the exercise of a right of withdrawal are excluded. In this case, the Customer may refuse to pay the purchase price to the extent that he would be entitled to do so on the basis of the withdrawal or reduction. In the event of the exclusion of withdrawal and a subsequent refusal to pay, we are entitled to withdraw from the contract.
- The limitation period for the Buyer's recourse claims pursuant to §§ 445a, 445b BGB is one year from the statutory commencement of the limitation period, unless the last contract in the supply chain is a consumer goods purchase. In this case, the statutory limitation period shall apply.
- For other claims for damages which are not explicitly regulated in these General Terms and Conditions of Sale and Delivery of Saint-Gobain Weber, the legal deadlines shall apply.
XV. Liability for delivered machine technology
For all damages arising in connection with the silo and machine technology delivered by Saint-Gobain Weber, insofar as Saint-Gobain Weber is not responsible for these, the Customer is exclusively responsible after delivery of the silo and machine technology. This also applies to mortar hoses. All machines and machine parts including mortar hoses provided to the Customer shall be regularly checked by Saint-Gobain Weber for safety and functionality. This does not release the Customer from its own obligations to check the proper safety condition of all taken over delivered parts before each commissioning. The Customer shall be liable for all damage, insofar as Saint-Gobain Weber is not responsible for such damage - including damage to third parties - caused by the use of machine technology and mortar hoses, in particular in the event of failure to carry out safety checks or improper use. The Customer shall also be liable for the accidental loss of the delivered items (like theft by third parties) and shall take suitable safety precautions in this respect. Saint-Gobain Weber's liability shall be limited in accordance with clause XIII.
XVI. Data protection
The Customer's personal data shall be processed within the framework of the business relationship in compliance with the German Data Protection Regulation (DSGVO) and the German Federal Data Protection Act (BDSG) and shall be passed on to affiliated and involved companies in accordance with the statutory provisions insofar as this is necessary for the processing of the contract.
XVII. Court of Jurisdiction, Applicable Law and Place of Fulfilment
The place of jurisdiction for Saint-Gobain Weber shall be Düsseldorf. German law shall apply exclusively to the contractual relationship. The place of fulfilment for all deliveries and services (also in case of carriage paid deliveries) shall be the place of jurisdiction of Saint-Gobain Weber.
XVIII. Salvatory clause
Should individual provisions of these terms and conditions be invalid, they shall be replaced by the applicable statutory provisions. The validity of the remaining terms and conditions shall remain unaffected.
Export control law
- The Buyer undertakes to refrain from the following transactions in any case:
- transactions with persons, entities or bodies on a sanctions list under EC regulations or US export regulations;
- business with UN/EU embargoed states, which are prohibited;
- transactions for which a required authorisation has not been obtained.
The Purchaser shall be liable for all expenses and damages incurred by Saint-Gobain Weber as Seller as a result of any infringement.
2. The contractual obligations of Saint-Gobain Weber as Seller shall cease to apply insofar as they conflict with national or international regulations of Foreign Trade Law and/or embargos and/or other sanctions.
We give our technical recommendations based on our experience and to the best of our knowledge in accordance with the current state of knowledge in science and practice. They are non-binding and do not constitute any contractual legal relationship and no secondary obligations. Under no circumstances are purchasers of our products released from the obligation to test them for their suitability for the intended use on their own responsibility. The technical data are the results of laboratory tests. Practical values may deviate from these.
The price list is valid from 01.04.2023.
As of this date, all previous price lists lose their validity.
Documentation - General Terms and Conditions, Purchasing, Reach, Operating Regulations
- Lieferanten CHARTA (PDF - 680,46 KB) Download • Send
- Betriebsordnung (PDF - 1,4 MB) Download • Send
- Serviceleistungen und Gebühren (PDF - 1,75 MB) Download • Send
- Allgemeine Verkaufs- und Lieferbedingungen (PDF - 93,24 KB) Download • Send
- Allgemeine Einkaufsbedingungen (PDF - 38,57 KB) Download • Send
- REACH Clause DE (PDF - 58,93 KB) Download • Send