General terms and conditions of the company cadocare GmbH

1. The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply in their respectively valid version both to all our offers in our online store www.cadocare.com/policies/terms-of-service and in their respectively valid version at the time of the corresponding declaration or action for all our offers, deliveries and services as well as other actions and declarations.
2. The following contractual conditions apply exclusively to the contractual relationship. Contradictory conditions or conditions deviating from the following terms and conditions, which were made before and at the conclusion of the contract, are not recognized by cadocare GmbH, unless expressly agreed otherwise in writing. Different terms and conditions are not binding for cadocare GmbH without acknowledgement, even if cadocare GmbH does not explicitly contradict them. The same applies if cadocare GmbH delivers the ordered goods in whole or in part or accepts payments.
3. These GTC shall apply both to consumers pursuant to § 1 para. 4 sentence 1 and to entrepreneurs pursuant to § 1 para. 4 sentence 2, legal entities under public law and public special funds. These persons are referred to uniformly as "business partners" within the scope of these GTC. Companies, legal entities under public law as well as public special funds are partly also referred to as "supplier", if cadocare acts on the buyer's side.
4. A consumer is any natural person with whom a business relationship is entered into and who acts for a purpose that cannot be attributed to either his commercial or his independent professional activity. Any natural person or legal entity or partnership with legal capacity with whom a business relationship is entered into and who acts in the exercise of a commercial or independent professional activity shall be deemed to be an entrepreneur.
5. By sending an offer to conclude a contract, i.e. by clicking the button "Buy now", the business partner agrees to the validity of these GTC when ordering via our online store. For the rest, the business partner of cadocare agrees to the validity of these GTC by sending an offer to conclude a contract or by accepting an offer of cadocare GmbH. If cadocare GmbH accepts the offer of a supplier with reference to these general terms and conditions, the supplier agrees with the validity of these GTC.
6. If a permanent business relationship is agreed with companies, legal entities under public law and public special funds, the GTC shall apply to the entire business relationship, i.e. also to all subsequent orders, even if the validity of the GTC is not expressly referred to again in the individual case.
7. If the business partner is a consumer within the meaning of § 1 (3) of these GTC, he shall have a right of revocation in accordance with § 9 of these GTC.

1. Products listed within our online store, product catalogs, brochures or other product sheets or descriptions, if applicable with price information, do not constitute binding offers for us, but merely an invitation to submit an offer by the buyer.
2. In the online store, a binding offer to purchase the relevant product is made by submitting the order via the "Buy now" button. Immediately after submitting your order, you will receive an automatic e-mail summarizing your order. This e-mail is for information purposes only and does not constitute acceptance of your purchase offer. The ordering process can be cancelled at any time before clicking the "Buy now" button by closing the browser window.
3. For orders outside our online store, cadocare GmbH is entitled to accept orders within two weeks after receipt of the order by sending an order confirmation or to send the ordered goods to the business partner. Outside of the online store, the business partner submits a binding offer to purchase the respective product (goods) by sending an order according to § 145 BGB.
4. In the case of orders placed via the online store or outside the online store, the purchase contract shall in any case only be concluded upon receipt of a declaration of acceptance in text form by us. The description and essential characteristics of the goods are then determined according to the information in the order and order confirmation. Your contractual partner is then cadocare GmbH, Boschstr. 22, 52531 Übach-Palenberg.
5. If cadocare GmbH is the seller, the right to change the prices accordingly if unforeseeable cost reductions or cost increases occur after conclusion of the contract is reserved. The changes will be proven to the business partner on request. In the case of forward orders, the conditions at the time of delivery shall apply. Services ordered by the business partner beyond an offer will be charged additionally by cadocare GmbH.
6. All products and prices in our online store, our product catalogs, brochures or other product sheets or descriptions are subject to availability as well as self-supply and while stocks last. In the event of non-availability or only partial availability or lack of self-supply of the ordered goods, we shall inform the business partner thereof without delay and shall be entitled to make partial deliveries. If such circumstances arise after the conclusion of the contract, the business partner may in this case withdraw from the contract, in which case any payments already made by the business partner will be refunded.
7. We have carefully compiled the product details and information in our online store, our product catalogs, brochures or other product sheets or descriptions. Nevertheless, it cannot be ruled out that in individual cases errors or in the case of custom-made products deviations may occur or that there may be price changes. For this reason, we assume no liability for the accuracy and completeness of figures and product descriptions in our online store, product catalogs, brochures, product sheets or other product descriptions, unless otherwise expressly agreed.
8. In cases where cadocare GmbH is the seller, delivery times stated by us concern deliveries ex works and, subject to a deviating written agreement in individual cases, are not binding and may change. If there are technical or organizational questions, the delivery time starts only with the clarification of these questions. We reserve the right to plead non-performance of the contract.
9. In cases where cadocare GmbH is the seller and a delivery is agreed, the business partner commissions us to deliver the ordered purchase item to the delivery address specified by the business partner at the expense and risk of the business partner. In this case, the material risk shall pass to the business partner upon handover to the transport person commissioned and duly selected by us, who shall be named by the business partner (obligation to pay the debt). In cases in which the object of sale is exceptionally delivered by us to the business partner on business premises on the basis of a separate agreement (obligation to collect), the risk shall pass at the time at which we inform the business partner that the object of sale is ready for collection and has been sorted out accordingly. If the dispatch or acceptance of the goods ready for dispatch is delayed due to circumstances for which we are not responsible, the risk shall pass to the business partner upon receipt of the notification of readiness for dispatch.
10. If the business partner is in default of acceptance, e.g. by refusing to accept a delivery of goods, we shall be entitled to claim compensation for the damage incurred by us as a result and any additional expenses, such as additional transport and storage costs. Further claims remain reserved.
11. We are not obligated to comply with agreed delivery deadlines in the event of disruptions to the operational process and/or transport possibilities due to force majeure. In the event of force majeure - including in particular fire, explosion, flood, epidemic, pandemic, piracy, terrorist attacks or threats, official orders and measures through no fault of our own, strike and lockout, shortage of raw materials, subsequent discontinuation or restriction of export or import possibilities, e.g. due to embargoes, forces of nature, war, riot, arson or similar events, or other comparable circumstances affecting us, our logistics partner entrusted with the delivery, the producer or the suppliers entrusted with the delivery of the materials required for production, we shall be released from the obligation to deliver on time. In this case, we shall also be entitled to withdraw from the contract in whole or in part if the delivery of the object of purchase becomes significantly more difficult or impossible due to force majeure or due to events that occurred after the conclusion of the contract or only became known to us at that time through no fault of our own.
12. Claims for damages or other claims of the business partner arising from delayed or non-delivery are excluded, unless they are based on intent or gross negligence. Any fault on the part of our representatives or vicarious agents shall be attributed to us. If the delay in delivery is due to a grossly negligent breach of contract for which we are responsible, our liability for damages shall be limited to the foreseeable, typically occurring damage. The Buyer's right to withdraw from the contract shall remain unaffected, but may only be exercised if the performance of the contract has become unreasonable for the Buyer in view of the delay that has occurred.
13. If a delivery is agreed with cadocare GmbH, in which cadocare GmbH acts on the buyer's side, the business partner will deliver the ordered purchase item to the delivery address specified by cadocare GmbH at the expense and risk of the business partner. In this case, the material risk is transferred to cadocare GmbH upon handover at the delivery address. This also applies in cases in which it is exceptionally agreed that cadocare GmbH bears the costs of transport.

§ 3 Purchase price, due date, method of payment, exclusion of objections to invoices

1. The prices listed in our online store, our product catalogs, brochures and other product sheets or descriptions include the statutory sales tax.

Unless otherwise agreed or stated, prices are ex works, in EURO.

2. cadocare charges a flat shipping fee per order for orders and shipments via the online store below the free shipping limit. The current conditions are listed in the terms of delivery and payment, available at cadocare.com/pages/delivery-payment-conditions.

3. If cadocare GmbH is the seller, the purchase price is due immediately upon conclusion of the contract if it is a purchase in the online store. In the other sales cases, the purchase price is due upon receipt of the invoice and is payable within 5 days from the invoice date.
4. If cadocare GmbH is the seller, interest is to be paid on due receivables from the occurrence of the contractually agreed due date at 9 percentage points for legal transactions in which consumers are not involved, and otherwise at 5 percentage points above the respective base interest rate of the ECB. The amount to be subject to interest shall be the gross final amount of the invoice due. Any further claims, in particular the right to claim higher damages caused by default, shall remain unaffected.
5. The business partner, whether as buyer or seller, shall only be entitled to set-off in the event of undisputed, legally established or fully recognized counterclaims. The same shall apply, insofar as the business partner is a merchant within the meaning of the German Commercial Code or a legal entity under public law or a special fund under public law, to the assertion of reduction or retention rights. The exercise of a right of retention requires that the counterclaim is based on the same contractual relationship.
6. We shall be entitled to set-off in accordance with the statutory provisions against all claims of the Buyer.

§ 4 Retention of title

1. For all cases in which cadocare GmbH is the seller, a reservation of ownership applies according to the following conditions. All goods delivered by cadocare GmbH, also as far as they are paid but still available at the business partner, remain property of cadocare GmbH until the complete payment of all existing as well as all still arising, future claims from the business connection.
2. The business partner shall be entitled to process and sell the goods subject to our retention of title within the scope of his ordinary business operations. However, the business partner hereby already assigns to us all claims with all ancillary rights up to the amount of our claims against him, which arise from the resale against his customers or third parties, regardless of whether the purchased item has been resold without or after processing and regardless of whether the resale is made to one or more customers ("extended reservation of title"). cadocare GmbH hereby accepts the assignment. The business partner has to list the name of our product as well as the article number according to the delivery bill on copies of invoices, delivery bills or other documents when reselling.
3. If the business partner resells the goods subject to retention of title together with other items and invoices them uniformly, he hereby assigns to cadocare GmbH the purchase price claim against the purchaser only to the amount invoiced to the purchaser with regard to the goods subject to retention of title, including the applicable value added tax. We hereby accept the assignment. If the reserved goods are not listed separately in this invoice, the assignment applies to the amount of the price that we would have charged the business partner at the time of delivery to the customer. If the business partner does not distinguish vis-à-vis the customer between the reserved goods and other services rendered with them (in particular assembly), the entire claim shall be deemed assigned to us.
4. The business partner shall remain authorized - subject to revocation by us - to collect the relevant claims in its own name even after the assignment. This authorization shall not affect our own right of collection. As long as the business partner in particular meets his payment obligations, is not in default of payment, does not file an application for the opening of insolvency proceedings or such an application is otherwise filed or is rejected for lack of assets, does not stop his payments or does not change the company owner as a result of payment difficulties, we undertake not to collect the receivables.
5. If the goods subject to retention of title are inseparably mixed with other objects not belonging to cadocare GmbH, cadocare GmbH shall acquire co-ownership of the new object in the ratio of the invoice value of the goods subject to retention of title (invoice value, including VAT) to the invoice value of the other mixed objects at the time of mixing. If the mixing takes place in such a way that the business partner's item is to be regarded as the main item, it shall be deemed agreed that the business partner transfers co-ownership to cadocare GmbH on a pro rata basis. The business partner shall keep the sole ownership or co-ownership thus created for cadocare GmbH.
6. The authorization of the business partner to resell, as well as to collect the relevant receivables shall expire if the business partner does not meet its payment obligations, defaults on payment, files an application for the opening of insolvency proceedings or such an application is otherwise filed or is rejected for lack of assets, ceases its payments or the company owner changes as a result of payment difficulties. In this case we shall be entitled to assert the claims, also directly against the business partner's customers. The business partner shall permit us to take all measures in his business which we deem appropriate and necessary to safeguard and assert our rights arising from the retention of title and shall in particular grant us access to the relevant documents and provide us with information about the stock of the goods subject to retention of title. If, in this case, the business partner does not immediately comply with our request to notify his debtors of the assignment and to request them to make payment to us, we shall be entitled to do so on the business partner's behalf.
7. If the business partner sells the goods subject to retention of title in accordance with the agreed resale authorization and if the business partner collects the relevant claim from its customer before it has fully satisfied our claim with regard to the goods subject to retention of title in question, the business partner undertakes to pay the claim amount into a separate trust account. Only after complete fulfillment of our claim against the business partner, the business partner shall be entitled to collect the claim amount from the trust account at its disposal.
8. If the authority to resell expires, cadocare GmbH is entitled to demand the return of the reserved goods from the business partner without delay and, if necessary, to provide us with direct possession of the reserved goods, also by means of an authorized representative. A right of retention of the business partner is excluded in this case. The business partner undertakes to grant us or our authorized representative access to his business premises for the purpose of taking possession of the reserved goods and, if necessary, also to allow us to inspect his business documents. The business partner shall bear the costs of taking possession. In any case, we shall be entitled to deduct a lump-sum cost reimbursement amounting to 10% of the credited amount from the credit note. The purchaser is at liberty to provide evidence of lower repossession costs or a minor reduction in the value of the goods.
9. The business partner informs us of any impairment of our property rights by third parties (seizure, etc.) before it occurs and confirms our property right in writing both to the third party and to us. The business partner is obliged to object to the encroachments or impairments with reference to the ownership of cadocare GmbH.
10. The business partner is prohibited from pledging or assigning the reserved goods as security to third parties. The business partner assures that at the time of conclusion of this contract there is no blanket assignment to another party.
11. We undertake to release the securities to which we are entitled at the request of the business partner to the extent that the realizable value of the securities exceeds the claims to be secured by more than 10%.
12. Upon fulfillment of all claims arising from the business relationship, the reservation of title shall expire and ownership of the reserved goods shall pass to the business partner.

1. If the business partner is a consumer, the mandatory legal warranty rights according to §§ 474 ff. BGB in cases in which cadocare GmbH is involved as seller. As far as sentence 1 does not apply in cases where cadocare GmbH is involved as seller, the following provisions apply.
2. If the purchased item is not free of material defects at the time of transfer of risk or if material defects occur within the warranty period, we may, at our discretion, choose to remedy the defect by repair or replacement. In all other respects, the statutory provisions shall apply unless otherwise agreed.
3. The assertion of further damages by the business partner in addition to their withdrawal is excluded.
4. If the business partner is an entrepreneur, he has to inspect the purchased goods immediately, at the latest within 4 calendar days after receipt of the purchased goods, for possible defects and to notify cadocare GmbH in writing immediately, at the latest within 7 further calendar days, of recognizable defects, also missing quantities or incorrect information on defects, as well as characteristics deviating significantly from the contractual agreement. If the business partner fails to notify cadocare GmbH in due time and form and if any complaints regarding the delivery quantity have not been noted on the delivery bill or consignment note, the object of purchase shall be deemed to have been approved, unless it is a defect which was not obvious upon inspection. If such a defect becomes apparent at a later date, the notification must be made in writing immediately after discovery, but at the latest within 7 calendar days after discovery. Otherwise, the object of sale shall be deemed to have been approved also in view of this defect. The aforementioned notification and complaint obligations together with legal consequences shall apply accordingly to incorrect deliveries and differences in quantity.
5. Obvious transport damage must be reported to the delivering transport person upon receipt of the shipment and acknowledged by them. In addition, the invoice number of the purchased item concerned must be given to us.

1. cadocare GmbH is liable for bodily injury (damage resulting from injury to life,
   body or health) based on a breach of duty for which cadocare GmbH, its legal representatives or vicarious agents are responsible, as well as for other damage based on an intentional or grossly negligent breach of duty by cadocare GmbH, its legal representatives or vicarious agents. Furthermore, we are liable in accordance with the Product Liability Act.
2. In addition, we shall only be liable for other damages based on a negligent breach of essential contractual obligations (so-called "cardinal obligations") by us, our legal representatives or vicarious agents. Essential in this sense are such obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the business partner may regularly rely. In such cases, our liability shall be limited to the direct average damage that is foreseeable and typical for the type of agreement.
3. Beyond the above regulations and as far as legally possible, any liability of cadocare GmbH - without regard to the legal nature of the asserted claim - is excluded.
4. The above provisions of paragraphs 1-3 shall apply accordingly to non-contractual claims for damages.

§ 7 Warranty and liability of the business partner

1. In cases where the Business Partner is involved as a seller, the Business Partner warrants and is liable for ensuring that the goods delivered by it comply with all applicable statutory, regulatory and customary German and European provisions and, in particular, quality standards and REACH requirements.
2. cadocare GmbH reserves the right to have the delivered goods randomly tested by an independent accredited laboratory with regard to compliance with the provisions in the sense of paragraph 1 above. The business partner bears the examination costs in case the delivered goods do not comply with the provisions in the sense of paragraph 1.
3. All delivered goods must be labeled in accordance with German and European regulations, in particular the Foodstuffs, Animal Feed Code.
4. The business partner shall be liable in accordance with the statutory provisions, unless otherwise expressly agreed in writing in the contract. The application of § 377 HGB as well as Art. 38, 39 CISG is excluded.
5. If the supplier is a seller and is not domiciled in the Federal Republic of Germany, the provisions of §§ 445a, 445b, 477, 478 of the German Civil Code (BGB) and Art. 45, 74 et seq. CISG shall apply.

1. cadocare GmbH may withdraw from the contract in whole or in part after a significant breach of duty by the business partner, after we have unsuccessfully set a reasonable deadline for performance or supplementary performance. A deadline is not necessary if it is unreasonable for us.
2. Withdrawal shall also be possible in accordance with § 2 Para. 11 if delivery of the purchased item becomes significantly more difficult
   or impossible due to force majeure or due to events that occurred after conclusion of the contract or only became known to us at that time through no fault of our own.
3. If the delay lasts longer than one month in the cases of para. 2, the business partner shall be entitled to withdraw from the contract after setting a reasonable deadline.
4. Furthermore, the business partner can only withdraw from the contract due to a breach of duty by cadocare GmbH, which does not consist of a defect, if the breach of duty is substantial and cadocare GmbH is at fault.
5. In all other respects, the statutory provisions on withdrawal shall apply.

§ 9 Revocation for consumers and revocation consequences; revocation instruction for consumers

If the business partner is a consumer, he is entitled to a right of withdrawal according to the following conditions in cases where cadocare GmbH is the seller.

Right of withdrawal:

You have the right to withdraw from this contract within 14 days without giving any reason.

The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.
To exercise your right of withdrawal, you must notify us, the

by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. For this purpose, you can use the model revocation form reproduced in § 10 of these GTC, which is, however, not mandatory.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation:

If you withdraw from this contract, we must reimburse you for all payments we have received from you, including delivery costs, without delay and at the latest within 14 days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will we charge you any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. This does not apply if we have exceptionally offered to collect the goods.

You must return or hand over the goods to cadocare GmbH, Boschstr. 22, 52531 Übach-Palenberg, without delay and in any case no later than 14 days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiration of the 14-day period. On the other hand, you are not obliged to return the received goods if we have exceptionally offered to pick up the goods.

You shall bear the direct costs of returning the goods by post up to a maximum amount of EUR 40.00. We shall bear any costs exceeding this amount. If the goods are such that they cannot be sent by post, we will collect the goods at our own expense.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.

§ 10 Sample cancellation form

If you want to revoke the contract in a case of § 9, please fill out this form and send it back to:

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods:

§ 11 Special consumer information

1. cadocare GmbH is not subject to special codes of conduct not mentioned in these GTC. The legal provisions listed in these regulations can be found on the website of the Federal Ministry of Justice at http://www.gesetze-im-internet.deeingesehen.
2. The essential features of the products offered by cadocare GmbH as well as the period of validity of limited offers can be found in the individual product descriptions within the online store of cadocare GmbH.
3. The language available for the conclusion of the contract is exclusively German.

§ 12 General information on data processing pursuant to Article 13 DSGVO

1. cadocare GmbH relies on the business partner to provide it with certain personal data (in particular his name, address and e-mail address and, if applicable, bank details) with his offer to conclude a purchase contract. "Personal data" shall mean information relating to an identified or identifiable natural person. "Identifiable" means that a person can be identified, directly or indirectly, in particular by means of an association with an identifier such as a name, an identification number, location data or other special characteristics. This personal data is used by cadocare GmbH for the execution and processing of the purchase, in particular for the execution of the necessary correspondence, for the transfer and handover of the purchased item as well as for invoicing, the execution of claims management and the exercise or defense of legal claims. If the business partner thus decides to submit an offer to purchase products from cadocare GmbH, he voluntarily consents to the transmission of this personal data to cadocare GmbH and its use in accordance with the following paragraphs 3 and 4 when submitting his offer.
2. The legal basis for the processing of the data is Art. 6 (1) lit. b DSGVO, insofar as it is necessary for the fulfillment of contractual obligations. As far as the data processing is based on a consent of the buyer, the legal basis is also Art. 6 para. 1 lit. a DSGVO. The processing and storage of this data takes place at cadocare GmbH for the purposes stated in paragraph 1 in accordance with the legal provisions of the Federal Data Protection Act (BDSG) and the T-lemediengesetz (TMG) and the EU General Data Protection Regulation (DSGVO). The data will not be passed on to third parties, except for the companies involved in the processing of the contract, such as logistics companies, payment service providers and collection agencies.
3. The personal data will be deleted by cadocare GmbH as soon as they are no longer required for the purpose of proper record keeping as well as for the exercise or defense of legal claims or for the implementation of promotions. The data will also be deleted if the buyer revokes a use of the personal data for the future and cadocare GmbH no longer needs them for the purpose of proper record keeping as well as for the exercise or defense of legal claims. Currently, the legal retention periods for accounting records are 10 years, beginning with the end of the year in which the business transaction took place, i.e. in case of a revocation of the use for the future, the data will be deleted only after the expiration of the above-mentioned period.
4. Responsible for the storage and use of personal data is the

5. The business partner has the right at any time to receive free information from cadocare GmbH about the data stored about him. Furthermore, he has a right of rectification and/or completion towards cadocare GmbH, if the processed personal data concerning him are incorrect or incomplete. Instead, the purchaser may also request the restriction of the use of the personal data, which means that the data - apart from being stored - may only be processed with consent or for the assertion, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the Union or a Member State.
6. The business partner has the right to revoke his consent to the storage and use of his data at any time with effect for the future. The revocation can be made verbally, in writing, by fax or in other text form (e.g. by e-mail) addressed to cadocare GmbH under the contact details in the above paragraph 5. In the event of a revocation, cadocare GmbH will no longer use the personal data in the future within the scope of advertising campaigns, and will furthermore delete the data at the earliest possible time. The business partner is informed that a revocation of consent does not affect the lawfulness of the processing of the personal data carried out on the basis of the consent until the revocation.
7. The Business Partner also has the right to object at any time, on grounds relating to his particular situation, to the processing of personal data concerning him which is not necessary for the performance of contractual or legal obligations.
8. The business partner may demand from cadocare GmbH that the personal data concerning him be deleted without delay if (a) the personal data are no longer necessary for the purposes for which they were collected or otherwise processed, or (b) the purchaser revokes his consent on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a DSGVO and there is no other legal basis for the processing, or (c) objection to the data processing is lodged and there are no overriding legitimate grounds for the processing, or (d) the personal data have been processed unlawfully, or (e) erasure is necessary for compliance with a legal obligation under Union law or the law of the Federal Republic of Germany. The right to erasure does not exist insofar as the processing is necessary (a) for the exercise of the right to freedom of expression and information, or (b) for compliance with a legal obligation to process under EU or Federal Republic of Germany law, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in us, or (c) for reasons of public interest in the field of public health, or (d) for the establishment, exercise or defense of legal claims.
9. Insofar as the business partner has asserted the right to rectification, erasure or restriction of processing of its personal data against us, we will notify all recipients to whom the personal data concerning it has been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. Furthermore, we are obliged to inform the business partner about these recipients upon request.
10. The business partner has the right to receive the personal data concerning you that you have provided to us in a structured, common and machine-readable format. In addition, you have the right to transfer this data to another controller without hindrance from us, provided that (a) the processing is based on consent pursuant to Art. 6 para. 1 lit. a DSGVO or Art. 9 para. 2 lit. a DSGVO or on a contract pursuant to Art. 6 para. 1 lit. b DSGVO and (b) the processing is carried out with the help of automated processes.
11. If the business partner is of the opinion that cadocare GmbH has violated applicable data protection regulations by processing personal data concerning him, the business partner has the right to lodge a complaint with the State Commissioner for Data Protection of North Rhine-Westphalia, Kavalleriestr. 2-4, 40213 Düsseldorf, Tel: 0211 384240, irrespective of any other official or judicial remedies.
12. The buyer is responsible for informing cadocare GmbH of any change in his personal data, so that cadocare GmbH can immediately adjust the data stored with it accordingly and delete incorrect data.

§ 13 Text form

Any agreement made between us and the business partner/supplier shall only be legally effective if it has been made between the parties in text form. Further additional conditions or contract clauses introduced by the business partner/supplier shall be deemed to have been rejected as long as we have not agreed to these additional provisions in text form.

1. In cases where cadocare GmbH is involved as a buyer, the business partner undertakes to strictly observe human rights, internationally recognized labor standards as well as environmental protection along its entire supply chain. All products and services provided by him within the scope of the business relationship will be manufactured and provided in accordance with the relevant legal regulations and ordinances. The business partner is obliged to take appropriate and legally compliant measures to identify and assess risks in its supply chain in order to ensure compliance with the Supply Chain Act and associated obligations.

2. In the event of violations of the above obligations, we reserve the right to take appropriate measures to ensure that the business partner remedies the situation immediately. Such measures may, at the sole discretion of cadocare GmbH, range from setting a reasonable deadline for remedying defects to extraordinary termination of the business relationship, without this giving rise to any right to damages or other claims on the part of the business partner.

 § 15 Final provisions

1. The law of the Federal Republic of Germany (FRG) shall apply. Contractual language is German.
2. Place of performance as well as exclusive place of jurisdiction is, as far as legally permissible, the registered office of cadocare GmbH, Boschstr. 22, 52531 Übach-Palenberg. However, cadocare GmbH is also entitled to sue the supplier at the court of his branch office.
3. Should any of the above provisions be invalid, this shall not affect the validity of the remaining provisions. In such a case, the contracting parties shall agree on a legally valid substitute provision that comes as close as possible to the invalid provision in economic terms. The same shall apply if a gap in the contract should arise which needs to be filled.

Übach-Palenberg, August 31, 2023

cadocare GmbH