1. Validity
For legal transactions with the Dolmetscher-und Übersetzer Service Gerhard Herzet, Inhaberin Mince Herzet (Interpreter and translator services Gerhard Herzet, owner Mince Herzet) Verdener Str. 29, Schneverdingen, Lower Saxony, Germany (hereinafter the “translator”) the following terms and conditions are valid. Any terms and conditions set by the customer or by the contracting party that differ from these terms and conditions are not applicable. Counterclaims by the customer that refer to his/her own terms and conditions are explicitly precluded.
Any deviation from the above requires the written consent of the translator.
2. Conclusion of contract, right of the client to early termination
When a translation is offered and accepted, a contract for work and services with obligation to pay in accordance with § 631 BGB [German Civil Code] takes effect. The client may at any time cancel the contract before completion of the work, but only with good cause.
3. Scope of provision of translation services, delivery deadlines
The translation will be carefully completed in accordance with the due standards of professionalism. The translator must be given reasonable deadlines.
4. Client’s obligation to cooperate and provide information
The client must inform the translator in a timely manner and on his/her own initiative regarding the manner in which the translation is to be executed. This may include its intended use, target country, the medium for delivery of the data, number of copies, its readiness for printing and its layout, etc.
If the translation is intended for printing, the client must deliver a proof early enough in advance of printing to allow the translator to correct any possible errors. Names and numbers are to be checked by the client.
Information and documents that are needed to perform the translation will be provided by the client, without prior request, at the moment of placing the order. This information includes any special terminology of the client, illustrations, drawings, tables, abbreviations, and in-house terms or definitions. If the texts are very demanding, the client must give the translator detailed instructions independently of the aforementioned obligations. Errors and delays that are due to inadequate information or delay in delivery of information and instructions are not the responsibility of the translator.
The client assumes liability for the rights to a text and ensures that its translation is permitted. He releases the translator from corresponding claims by third parties.
5. Guarantee and warranty
The translator assumes no guarantee. Warranties in accordance with § 634 nos. 1, 2 and 4 BGB lapse after one year in the case of contracts with companies, § 634a I no. 3 BGB notwithstanding.
6. Liability
The translator is liable only in a case of gross negligence with intent. Damages caused by computer outages and disruption during e-mail transfer, or those due to computer viruses, are not to be classified as gross negligence. The translator takes preventive measures by using appropriate antivirus software.
Liability for minor negligence is valid only if there is violation of primary obligations. In such a case, the translator’s liability for compensation is limited to the amount of the fee for the translation, but up to a maximum of 5000.00 Euros if the fee for the translation is higher, unless a separate written agreement has been determined.
7. Confidentiality statement
The translator undertakes to maintain silence about all facts and dealings of which he becomes aware in connection with his/her work, as long as these do not violate valid (penal) legislation.
8. Vicarious agents
The translator is authorised at any time to use vicarious agents or qualified third persons of his choice, without giving prior notice. Statements nos. 3 and 7 of these terms and conditions shall apply correspondingly.
9. Acceptance and payment
The client is obligated to accept the work at the latest 7 days after delivery if it has been performed in accordance with the contract. If the client fails to accept or refuses the acceptance, he/she will find himself, without further notice, in default of acceptance and is liable for any damages that occur.
The invoices of the translator are due and must be paid without discount within 14 days of the time they are received. The translator is entitled to reimbursement for any effectively occurring costs and expenses in addition to the fee agreed upon.
Over and above a contract value of 1,000.00 Euros, an advance payment of 25% of the expected value of the translation is automatically due upon signing of the contract and must be paid immediately. If the total value of the project is not foreseeable from the beginning, the translator makes a non-binding estimate within 48 hours. Statement No. 4 paragraph 3 of these terms and conditions is valid accordingly.
All prices are net plus the legal VAT. The translation remains the property of the translator until full payment. Prices for end customers will generally be given as gross prices in accordance with the legal provisions.
10. Complaints
Complaints will be acknowledged only if they are made, in the case of obvious defects, immediately after delivery of the translation or after provision of the service, in the case of recognisable defects, immediately after the inspection that is to be made of the translation or provision of service, and, in the case of hidden defects, immediately after they have been shown to us, together with a substantiated written description of said defect. All claims will be excluded, in the case of obvious defects, one week after delivery of the translation or provision of service, in the case of recognisable shortcomings, two weeks after delivery of the translation or provision of service, and otherwise three weeks after the discovery of a hidden defect. In the case of a well-founded, properly substantiated complaint, we have the right, at our discretion, to amend the translation or the provision of service at least twice, or to replace it. The client remains obligated to accept and to pay for the service performed.
11. Reserved proprietary rights
Until full payment of all existing receivables to the translator, the service performed, including all pending rights, remains our property.
12. Consumers’ right of withdrawal
Beginning of the instructions on right to revoke:
The translator’s business premises are located at the following address: Verdener Str. 29, 29640 Schneverdingen, Germany.
The translator does not in principle conduct doorstep selling as per the provisions of § 312 BGB. Should he/she depart from this, he/she must inform the client separately in accordance with the legal stipulations.
According to § 312d, the client has no right of withdrawal in the case of distance contracts (cf. § 312b BGB). The translation to be delivered is a service that is to be performed according to the client’s instructions and that obviously is tailored to the client’s personal requirements and cannot be sold elsewhere.
End of the instructions on right to revoke.
13. Copyright
The client’s translation is a piece of workmanship as defined in § 3 UrhG [copyright laws]. The translator explicitly reserves copyright. The translator merely gives the client the right of use for the use agreed upon when the contract is signed. Any other use not agreed upon in advance and any other change or designation meet the requirements for a legal offence as per §§ 106, 108a UrhG, which will be pursued by the translator.
The translator expressly gives the client permission to designate the translation as: ”Translated by: Interpreter and Translator Service Gerhard Herzet, Verdener Str. 29, 29640 Schneverdingen, Germany”.
14. Data protection notice
Principle
We take the protection of your personal data very seriously and handle your personal data confidentially and in accordance with both the statutory data protection regulations and this data protection notice.
Data controller
According to the regulations of the General Data Protection Regulation, the controller party responsible for processing personal data is:
Dolmetscher und Übersetzer Service Gerhard Herzet
Verdener Str. 29
29640 Schneverdingen
Tel.: +49 176 966 129 06
Web: www.herzet.de
E-Mail: g.herzet@t-online.de
Our data protection officer:
Gerhard Herzet
g.herzet@t-online.de
Data collection
We collect and process personal data only if such data is required for the establishment and content design or amendment of the legal relationship (inventory data). We do not collect personal data on the use of our web pages (usage data).
Data processing on this website
We collect and automatically store information in log files that your browser automatically transmits to us. This information comprises the type and version of your browser, the operating system used, the referring URL and the time of the server request. This data cannot be attributed to specific persons. None of this data will be merged with other data sources. Collection of this data is necessary for us to guarantee the security of our website. The basis for data processing is our legitimate interests according to Article 6 Para. 1 f) GDPR. The log file will be deleted after a week unless required in order to help resolve legal infringements.
Hosting
All data to be processed in connection with the operation of this website will be saved for hosting purposes to enable the operation of the website. The basis for data processing is our legitimate interests according to Article 6 Para. 1 f) GDPR. To provide our online presence, we use services from web hosting providers, who we provide with the data mentioned above.
Contact form
If you send us an enquiry via a contact form, we will save your inventory data (name, address, e-mail address, telephone number) from the enquiry form, including the contact details you provide within, for processing the enquiry and in case of follow-up questions. In this regard, we confirm your consent to the sending of further information, including the newsletter in accordance with Article 6, para. 1 a) GDPR.
Customer account
When opening a customer account, you agree to your stock data (name, address, e-mail address, bank details) and your user details (user name, password) being stored. This data is used to identify you as a customer and to allow you to manage your user data.
Your data will be processed based on your consent in accordance with Article 6, para. 1 a) GDPR.
Order processing
We process your order data to deliver the ordered service. The processing of data occurs based on Article 6, Para. 1 b) GDPR.
We transmit personal data to third parties only if such transmission is necessary within the scope of contract handling, for instance to the payment service provider responsible for payment processing (name, date of the order, payment type, date of dispatch/receipt, sum, payment recipient and bank details or credit card data if necessary).
Careers section
If you apply to a position, your personal data (e.g. name, e-mail address, phone number) and the application documents sent will be processed exclusively for the purposes of handling your application. The legal basis for data processing is Section 26 of the German Federal Data Protection Act.
Use of cookies
Some of the websites use so-called cookies. Cookies serve the purpose of making our offer more user-friendly, more effective and safer. Cookies are small text files which your Internet browser files and stores on your computer. The cookies used by us are known as “session cookies”. They are automatically deleted when you finish visiting our website. You can configure your browser settings to your preferences and deny accepting cookies. However, please note that if you do this, you may not be able to use the full functionality of this website. Cookies are primarily used in the following context:
Your rights as a data subject
Information
On request, you can receive information on all personal data concerning you that we have saved.
Rectification, erasure, restriction of processing (blocking)
If you no longer consent to the storage of your personal data or should this no longer be current, we will on instruction from you undertake the necessary corrections or bring about the erasure of your data.
Data portability
If you wish to communicate the data to another data controller, we will provide your data upon subsequent request in a structured and machine-readable format.
Right to withdraw consent with effect for the future
You can withdraw your expressed consent with effect for the future at any time. The legality of processing your data remains unaffected until the time of the consent withdrawal.
Restrictions
Data that does not enable identification of a person and is anonymised for data analysis purposes for example, is not covered by the above rights.
Right to object/appeal
You have the right of appeal to the responsible supervisory bodies.
Exercising your rights as a data subject
In the case of requesting information, rectification, objection to processing or transfer of data to another company, please contact g.herzet@t-online.de .
15. General provisions
The language of the contract is German. For those who are not consumers, the place of fulfilment for all deliveries and payments is Schneverdingen. For all legal transactions and claims arising from them, only German law is applicable. In the case of consumers, this choice of law is valid only provided that this does not cause loss of the protection afforded by the mandatory regulations of the law of the country of the consumer’s customary residence, (favourability principle). For those who are not consumers, the place of jurisdiction for all disputes is Soltau.
As of May 2012
These terms and conditions were established by Rechtsanwalt Christoph Becker erstellt.
With the kind approval of the DVÜD e.V.[German Translators and Interpreters Association].
