Personal data (usually referred to just as “data” below) will only be processed by us to the extent necessary and for the purpose of providing a functional and user-friendly website, including its contents, and the services offered there.

Per Art. 4 No. 1 of Regulation (EU) 2016/679, i.e. the General Data Protection Regulation (hereinafter referred to as the “GDPR”), “processing” refers to any operation or set of operations such as collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment, or combination, restriction, erasure, or destruction performed on personal data, whether by automated means or not.

The following privacy policy is intended to inform you in particular about the type, scope, purpose, duration, and legal basis for the processing of such data either under our own control or in conjunction with others. We also inform you below about the third-party components we use to optimize our website and improve the user experience which may result in said third parties also processing data they collect and control.

Our privacy policy is structured as follows:

I. Information about us as controllers of your data
II. The rights of users and data subjects
III. Information about the data processing

I. Information about us as controllers of your data

The party responsible for this website (the “controller”) for purposes of data protection law is:

ET GLOBAL GMBH
St. Martin Tower
Franklinstr. 61-63
60486 Frankfurt

Phone: +49.69.795882-0
E-Mail: germany@etglobal.com

Our privacy officer: Alexander Jaber (datenschutz@etglobal.com)

II. The rights of users and data subjects

With regard to the data processing to be described in more detail below, users and data subjects have the right

• to confirmation of whether data concerning them is being processed, information about the data being processed, further information about the nature of the data processing, and copies of the data (cf. also Art. 15 GDPR);
• to correct or complete incorrect or incomplete data (cf. also Art. 16 GDPR);
• to the immediate deletion of data concerning them (cf. also Art. 17 DSGVO), or, alternatively, if further processing is necessary as stipulated in Art. 17 Para. 3 GDPR, to restrict said processing per Art. 18 GDPR;
• to receive copies of the data concerning them and/or provided by them and to have the same transmitted to other providers/controllers (cf. also Art. 20 GDPR);
• to file complaints with the supervisory authority if they believe that data concerning them is being processed by the controller in breach of data protection provisions (see also Art. 77 GDPR).

In addition, the controller is obliged to inform all recipients to whom it discloses data of any such corrections, deletions, or restrictions placed on processing the same per Art. 16, 17 Para. 1, 18 GDPR. However, this obligation does not apply if such notification is impossible or involves a disproportionate effort. Nevertheless, users have a right to information about these recipients.

Likewise, under Art. 21 GDPR, users and data subjects have the right to object to the controller’s future processing of their data pursuant to Art. 6 Para. 1 lit. f) GDPR. In particular, an objection to data processing for the purpose of direct advertising is permissible.

III. Information about the data processing

Your data processed when using our website will be deleted or blocked as soon as the purpose for its storage ceases to apply, provided the deletion of the same is not in breach of any statutory storage obligations or unless otherwise stipulated below.

Server data

For technical reasons, the following data sent by your internet browser to us or to our server provider will be collected, especially to ensure a secure and stable website: These server log files record the type and version of your browser, operating system, the website from which you came (referrer URL), the webpages on our site visited, the date and time of your visit, as well as the IP address from which you visited our site.

Furthermore we use services for geo-targeting where the the client’s IP is used to get only the country the request is coming from. These geographical country information are not used to get the exactly location of the requesting user.

The data thus collected will be temporarily stored, but not in association with any other of your data.

The basis for this storage is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the improvement, stability, functionality, and security of our website.

The data will be deleted within no more than seven days, unless continued storage is required for evidentiary purposes. In which case, all or part of the data will be excluded from deletion until the investigation of the relevant incident is finally resolved.

Cookies

a) Session cookies

We use cookies on our website. Cookies are small text files or other storage technologies stored on your computer by your browser. These cookies process certain specific information about you, such as your browser, location data, or IP address.

This processing makes our website more user-friendly, efficient, and secure, allowing us, for example, to display our website in different languages or to offer a shopping cart function.

The legal basis for such processing is Art. 6 Para. 1 lit. b) GDPR, insofar as these cookies are used to collect data to initiate or process contractual relationships.

If the processing does not serve to initiate or process a contract, our legitimate interest lies in improving the functionality of our website. The legal basis is then Art. 6 Para. 1 lit. f) GDPR.

When you close your browser, these session cookies are deleted.

b) Third-party cookies

If necessary, our website may also use cookies from companies with whom we cooperate for the purpose of advertising, analyzing, or improving the features of our website.

Please refer to the following information for details, in particular for the legal basis and purpose of such third-party collection and processing of data collected through cookies.

c) Disabling cookies

You can refuse the use of cookies by changing the settings on your browser. Likewise, you can use the browser to delete cookies that have already been stored. However, the steps and measures required vary, depending on the browser you use. If you have any questions, please use the help function or consult the documentation for your browser or contact its maker for support. Browser settings cannot prevent so-called flash cookies from being set. Instead, you will need to change the setting of your Flash player. The steps and measures required for this also depend on the Flash player you are using. If you have any questions, please use the help function or consult the documentation for your Flash player or contact its maker for support.

If you prevent or restrict the installation of cookies, not all of the functions on our site may be fully usable.

Newsletter

If you register for our free newsletter, the data requested from you for this purpose, i.e. your email address and, optionally, your name and address, will be sent to us. We also store the IP address of your computer and the date and time of your registration. During the registration process, we will obtain your consent to receive this newsletter and the type of content it will offer, with reference made to this privacy policy. The data collected will be used exclusively to send the newsletter and will not be passed on to third parties.

The legal basis for this is Art. 6 Para. 1 lit. a) GDPR.

You may revoke your prior consent to receive this newsletter under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent or click on the unsubscribe link contained in each newsletter.

Contact

If you contact us via email or the contact form, the data you provide will be used for the purpose of processing your request. We must have this data in order to process and answer your inquiry; otherwise we will not be able to answer it in full or at all.

The legal basis for this data processing is Art. 6 Para. 1 lit. b) GDPR.

Your data will be deleted once we have fully answered your inquiry and there is no further legal obligation to store your data, such as if an order or contract resulted therefrom.

User posts, comments, and ratings

We offer you the opportunity to post questions, answers, opinions, and ratings on our website, hereinafter referred to jointly as “posts.” If you make use of this opportunity, we will process and publish your post, the date and time you submitted it, and any pseudonym you may have used.

The legal basis for this is Art. 6 Para. 1 lit. a) GDPR. You may revoke your prior consent under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent.

In addition, we will also process your IP address and email address. The IP address is processed because we might have a legitimate interest in taking or supporting further action if your post infringes the rights of third parties and/or is otherwise unlawful.

In this case, the legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in any legal defense we may have to mount.

Google Analytics

We use Google Analytics on our website. This is a web analytics service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 (hereinafter: Google).

Through certification according to the EU-US Privacy Shield

https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

Google guarantees that it will follow the EU’s data protection regulations when processing data in the United States.

The Google Analytics service is used to analyze how our website is used. The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in the analysis, optimization, and economic operation of our site.

Usage and user-related information, such as IP address, place, time, or frequency of your visits to our website will be transmitted to a Google server in the United States and stored there. However, we use Google Analytics with the so-called anonymization function, whereby Google truncates the IP address within the EU or the EEA before it is transmitted to the US.

The data collected in this way is in turn used by Google to provide us with an evaluation of visits to our website and what visitors do once there. This data can also be used to provide other services related to the use of our website and of the internet in general.

Google states that it will not connect your IP address to other data. In addition, Google provides further information with regard to its data protection practices at

https://www.google.com/intl/de/policies/privacy/partners,

including options you can exercise to prevent such use of your data.

In addition, Google offers an opt-out add-on at

https://tools.google.com/dlpage/gaoptout?hl=en

in addition with further information. This add-on can be installed on the most popular browsers and offers you further control over the data that Google collects when you visit our website. The add-on informs Google Analytics’ JavaScript (ga.js) that no information about the website visit should be transmitted to Google Analytics. However, this does not prevent information from being transmitted to us or to other web analytics services we may use as detailed herein.

Google-Maps

Our website uses Google Maps to display our location and to provide directions. This is a service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043 (hereinafter: Google).

Through certification according to the EU-US Privacy Shield

https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

Google guarantees that it will follow the EU’s data protection regulations when processing data in the United States.

To enable the display of certain fonts on our website, a connection to the Google server in the USA is established whenever our website is accessed.

If you access the Google Maps components integrated into our website, Google will store a cookie on your device via your browser. Your user settings and data are processed to display our location and create a route description. We cannot prevent Google from using servers in the USA.

The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in optimizing the functionality of our website.

By connecting to Google in this way, Google can determine from which website your request has been sent and to which IP address the directions are transmitted.

If you do not agree to this processing, you have the option of preventing the installation of cookies by making the appropriate settings in your browser. Further details can be found in the section about cookies above.

In addition, the use of Google Maps and the information obtained via Google Maps is governed by the Google Terms of Use https://policies.google.com/terms?gl=DE&hl=en and the Terms and Conditions for Google Maps https://www.google.com/intl/de_de/help/terms_maps.html.

Google also offers further information at

https://adssettings.google.com/authenticated

https://policies.google.com/privacy

YouTube

We use YouTube on our website. This is a video portal operated by YouTube LLC, 901 Cherry Ave, 94066 San Bruno, CA, USA, hereinafter referred to as “YouTube”.

YouTube is a subsidiary of Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, hereinafter referred to as “Google”.

Through certification according to the EU-US Privacy Shield

https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

Google and its subsidiary YouTube guarantee that they will follow the EU’s data protection regulations when processing data in the United States.

We use YouTube in its advanced privacy mode to show you videos. The legal basis is Art. 6 Para. 1 lit. f) GDPR. Our legitimate interest lies in improving the quality of our website. According to YouTube, the advanced privacy mode means that the data specified below will only be transmitted to the YouTube server if you actually start a video.

Without this mode, a connection to the YouTube server in the USA will be established as soon as you access any of our webpages on which a YouTube video is embedded.

This connection is required in order to be able to display the respective video on our website within your browser. YouTube will record and process at a minimum your IP address, the date and time the video was displayed, as well as the website you visited. In addition, a connection to the DoubleClick advertising network of Google is established.

If you are logged in to YouTube when you access our site, YouTube will assign the connection information to your YouTube account. To prevent this, you must either log out of YouTube before visiting our site or make the appropriate settings in your YouTube account.

For the purpose of functionality and analysis of usage behavior, YouTube permanently stores cookies on your device via your browser. If you do not agree to this processing, you have the option of preventing the installation of cookies by making the appropriate settings in your browser. Further details can be found in the section about cookies above.

Further information about the collection and use of data as well as your rights and protection options in Google’s privacy policy found at

https://policies.google.com/privacy

MailChimp – Newsletter

We offer you the opportunity to register for our free newsletter via our website.

We use MailChimp, a service of The Rocket Science Group, LLC, 512 Means Street, Suite 404, Atlanta, GA 30318, USA, hereinafter referred to as “The Rocket Science Group”.

Through certification according to the EU-US Privacy Shield

https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active

the Rocket Science Group guarantees that it will follow the EU’s data protection regulations when processing data in the United States. In addition, the Rocket Science Group offers further information about its data protection practices at

http://mailchimp.com/legal/privacy/

If you register for our free newsletter, the data requested from you for this purpose, i.e. your email address and, optionally, your name and address, will be processed by The Rocket Science Group. In addition, your IP address and the date and time of your registration will be saved. During the registration process, your consent to receive this newsletter will be obtained together with a concrete description of the type of content it will offer and reference made to this privacy policy.

The newsletter then sent out by The Rocket Science Group will also contain a tracking pixel called a web beacon. This pixel helps us evaluate whether and when you have read our newsletter and whether you have clicked any links contained therein. In addition to further technical data, such as data about your computer hardware and your IP address, the data processed will be stored so that we can optimize our newsletter and respond to the wishes of our readers. The data will therefore increase the quality and attractiveness of our newsletter.

The legal basis for sending the newsletter and the analysis is Art. 6 Para. 1 lit. a) GDPR.

You may revoke your prior consent to receive this newsletter under Art. 7 Para. 3 GDPR with future effect. All you have to do is inform us that you are revoking your consent or click on the unsubscribe link contained in each newsletter.

Online job applications / publication of job advertisements

We offer you the opportunity to apply for jobs with our company via our website. In the case of these digital applications, we collect your application data electronically in order to process your application.

The legal basis for this processing is §26 Para. 1 S. 1 BDSG in conjunction with Art. 88 Para. 1 GDPR.

If you are hired as a result of the application process, we will store the data you provide during the application process in your personnel file for the purpose of the usual organizational and administrative process, naturally in compliance with further legal obligations.

The legal basis for this processing is §26 Para. 1 S. 1 BDSG in conjunction with Art. 88 Para. 1 GDPR.

If we do not hire you, we will automatically delete the data submitted to us two months after the final decision is made. We will not delete the data, however, if we must store the data for legal reasons such as evidence of equal treatment of applicants, until any legal action is concluded, or four months.

In this case, the legal basis is Art. 6 Para. 1 lit. f) GDPR and §24 Para. 1 No. 2 BDSG. Our legitimate interest lies in any legal defense we may have to mount .

If you expressly consent to a longer storage of your data, e.g. for your inclusion in a database of applicants or interested parties, the data will be processed further on the basis of your consent. The legal basis is then Art. 6 Para. 1 lit. a) GDPR. You may withdraw your consent at any time with future effect per Art. 7 Para. 3 GDPR with future effect.

Model Data Protection Statement for Anwaltskanzlei Weiß & Partner

Exclusion of liability/Disclaimer

We are the service provider for our own content pursuant to section 7 (1) German Telemedia Act (TMG) and therefore according to section 8 et seq. TMG not obligated to monitor third party or transmitted information. The obligation to block or remove information as it pertains to general legislation remains unaffected by the foregoing. Liability is only deter-mined after knowledge of a concrete infringement.

We assume no liability for links to third party websites as we have no influence over this content from third parties. The provider of the respective website will be liable in such cases. It is not reasonable for us to constantly monitor linked web pages. If an infringement is made known to us we will remove the affected links.

Copyright notice

The content and works on our web pages are subject to copyright. Reproduction, dissemination, editing and exploitation requires the ex-press written consent of the copyright holder.

If content on our web pages has been created by third parties we respect the rights of the copyright holder and acknowledge their work. Please notify us if you notice a copyright infringement. We will remove the affected content immediately upon receiving notification of a copyright infringement.

§ 1 Scope of the General Terms and Conditions

(1) These General Terms and Conditions shall apply for orders placed with ET Global GmbH  (hereafter „ETG“). Conflicting or deviating terms and conditions of the Client shall not become part of the agreement even if ETG does not expressly object to them. This shall also apply in the event that the Client expresses that he only wishes to contract on his own terms and conditions. The Clients terms and conditions only apply, if ETG expressly agrees in writing.

(2) These General Terms and Conditions shall only apply to entrepreneurs within the meaning of Sections 14, 310 (1) of the German Civil Code (BGB).

§ 2 Offer, Offer Documents

(1) Orders or commissions shall only be deemed to have been accepted by ETG if ETG has accepted them in writing within 28 calendar days of receipt of such order/commission.

(2) Unless items are expressly designated or marked as “purchased items” in the offer of ETG, items are exclusively made available by ETG on a rental basis.

(3) In terms of quantity and quality, the pricing list of materials and services shall take precedence over design drawings.

(4) If an offer is prepared according to the information provided by the Client and the documents provided by the respective event management, ETG shall not assume any liability for the correctness of the information and documents received, unless their incorrectness and unsuitability are not recognised by ETG intentionally or due to gross negligence.

§ 3 Prices, Terms of Payment

(1) The prices stated in the offers and/or cost estimates are subject to change and freely revocable at any time until an order is placed. Price increases of manufacturers or suppliers or wage increases may be passed on to the Client.

(2) The statutory value added tax is not included in the offer prices; it will be stated separately on the invoice at the applicable statutory rate.

(3) Unless otherwise stated in the order confirmation, the net price shall be due for payment within 14 days of the invoice date.

(4) If the Client is in default of payment, ETG shall be entitled to demand default interest in the amount of 9 percentage points above the base interest rate applicable at the time. Further claims remain reserved. In the event that goods or materials are handed over on a rental basis, the Client undertakes, upon ETG’s request, to immediately grant possession of the handed-over goods and/or materials.

(5) ETG reserves the right to offer the execution of orders only against advance payment or provision of security and to demand a deposit or partial payment upon conclusion of the contract. Insofar as it has been agreed that the performance of the respective project is to be invoiced in several phases, an invoice shall be issued in each case after completion of the respective phases of the project.

(6) In all other cases, payments shall be made as follows: 50 % of the total amount contractually agreed on will be invoiced when the order is placed or at the latest 8 weeks before the start of the event, a further 25 % is due 4 weeks before the start of the event and the remaining 25 % of the total amount is due with handover of the project.

(7) Additional services that have not been ordered at least 2 weeks before the start of the event will – as far as ETG confirms the additional order – be surcharged with 30% of the quoted price. This also applies to additional services that are ordered during the event.

(8) Is the start, progress or completion of the contractual service delayed for reasons for which the Client is responsible, ETG shall be entitled to charge for the additional expenditure incurred as a result.

(9) Additional (supplementary) work at the Client’s request not covered by the order or additional expenses caused by incorrect information provided by the Client shall be invoiced on a time and material basis, unless a separate order exists on the basis of a separate offer.

In these cases, the calculation rates for working hours (including travel and loading times), motor vehicle equipment, material prices and other price lists valid on the day of execution shall apply. Surcharges for overtime, work on Sundays and public holidays shall be charged additionally on the basis of the respective valid statutory regulation and with proof of the individual hours subject to surcharges. The currently valid standard hourly rate shall also apply to work on components provided by the Client.

§ 4 Set-off and Assignment, Rights of Retention

(1) Generally, the Client shall only be entitled to rights of set-off or retention on the basis of claims that are undisputed, legally established or expressly recognised by ETG. This restriction does not apply to counterclaims of the Client due to defects or the (partial) non-fulfilment of the contract, insofar as these result from the same contractual relationship as the claim of ETG.

(2) The rights of the Client arising from this contractual relationship are only transferable with prior written consent.

§ 5 Set-up / Installation / Handover / Additional Costs Covid- 19

(1) The Client shall provide the necessary cooperation in a timely manner. The required measurements, drawings and plans shall be made available to the Client.

Insofar as it is necessary for the assembly or installation, the Client shall arrange for the necessary preparatory work or the provision of the necessary facilities at the place of delivery, in particular the assembly and operation of machines, at its own expense, insofar as the assumption of the costs by ETG has not been agreed on in writing in advance. ETG shall inform the Client in a timely manner of the necessary preparatory work to be carried out by the expected delivery date.

(2) Completion of the agreed service shall take place as agreed on with the Client, generally no later than 6 p.m. on the day before the start of the event, unless the organiser of the event expects a different time of completion. ETG reserves the right to carry out minor remaining work until the start of the event, provided this does not significantly impair the launch of the event by the Client. Exceptions due to special agreements because of commissioned additional services and/or event-related longer set-up times are possible. If no handover with a written protocol takes place, the overall performance shall be deemed to have been accepted upon commencement of use by the Client, unless there are special circumstances due to which the commencement of use cannot be interpreted as acceptance. From the date of handover until return by the Client to a representative of ETG, the traffic safety, insurance and due diligence obligations with regard to any goods and materials shall pass to the Client.

(3) In the event of a purchase, transport aids and packaging won’t be taken back, with the exception of pallets. The Client is obliged to ensure disposal of the packaging at its own expense.

(4) If the Client so desires, ETG shall insure the delivery with a transport insurance. The costs incurred in this respect shall be borne by the client.

(5) Services on the part of the organiser of the event (electricity, water, telephone, etc.) are to be arranged and invoiced directly by the Client as the contractual partner of the organiser himself and at his own expense. Upon request, ETG will assist in preparing the applications.

(6) The costs for storage, forklift truck, waste disposal, customs duties and taxes abroad will be invoiced according to actual expenditure plus an administrative surcharge of 15%.

(7) If the event takes place outside Germany and employees of ETG or suppliers of ETG have to travel abroad for the event, the Client is obliged to bear all additional costs incurred due to the ongoing COVID- 19 pandemic. This includes, in particular, obligatory COVID- 19 testing prior to entry abroad and re-entry into Germany as well as costs of any obligatory quarantine on site and after re-entry into Germany (e.g. loss of earnings, hotel and board costs).

(8) If disruptions in business operations occur at ETG’s or its vicarious agents or suppliers for which ETG is not responsible and which are due to force majeure (e.g. natural disasters, pandemics, epidemics, terrorist attacks, strikes and lawful lockouts) or other unforeseeable, extraordinary events for which ELECTA is not responsible and which prevent ETG from providing its services on time, the delivery and completion period shall be extended accordingly. ETG shall immediately inform the Client of the impediment to performance and its expected duration. If the fulfilment of the contract becomes impossible due to the aforementioned disruptions, each of the parties shall be entitled to withdraw from the contract. Insofar as withdrawal is not an option, the right of termination shall take its place. In this case, ETG’s claim to remuneration shall be determined on the basis of the services rendered up to that point, whereby the services rendered shall also include claims of third parties commissioned by ETG in reliance on the performance of the contract.

§ 6 Warranties

(1) In the event of a purchase, the client’s rights in respect of defects presuppose that the Client has properly fulfilled its obligations to inspect and give notice of defects in accordance with § 377 of the German Commercial Code (HGB).

In this case, the Client is obliged to notify defects without delay and to give ETG the opportunity to make the corresponding assessments.

If the notification of defects is made late or if reservations due to known defects were not made at the time of acceptance, the warranty claims shall expire entirely.

(2) The warranty claims shall also expire if the Client makes it impossible to determine and rectify the defects.

(3) Insofar as there is a defect in the contractual object of the contract, ETG shall be entitled, at its own discretion, to choose between rectification of the defect and delivery of a new, defect-free item for subsequent performance.

(4) The limitation period for claims for defects is twelve months, calculated from the transfer of risk. Deviating from this, the statutory warranty period shall apply to claims for damages due to intent or gross negligence as well as due to culpable injury to body, life or health. Acceptance shall be deemed to have taken place free of defects at the latest upon commencement of the use of ETG’s services by the Client, insofar as the Client has not declared a reservation with regard to any defects.

(5) The warranty does not extend to such defects that occur during the Client’s possession of the goods due to natural wear and tear, improper handling or improper storage (humidity, heat). In the same way, the warranty does not extend to reasonable deviations in shape, dimensions, colour and quality of the material.

§ 7 Return/ Cleansing

(1) The parties agree that contamination of the goods and materials beyond the usual extent does not constitute contractual use, even if the purpose of use is known. The application of § 538 BGB is excluded.

(2) The Client gives rise to the assumption of a contamination of the goods and materials beyond the usual extent. The Client has to prove to ETG that the necessary final cleansing has been carried out by a suitable professional company at the time of return.

(3) If the Client does not prove to ETG that the necessary final cleansing has been carried out in accordance with Sec. 7 (2) at the latest at the time of return, ETG shall be entitled to have the necessary final cleansing carried out at the Client’s expense after the unsuccessful expiry of a reasonable grace period. The assertion of further damages remains unaffected.

(4) At the Client’s request, ETG shall obtain a corresponding offer for the necessary final cleansing and arrange for Cleansing after return at the Client’s expense. The request shall be communicated to ETG at the latest 14 days before the time of return. The regulation according to Sec. 7 (3) shall apply accordingly. ETG shall inform the Client about the costs of the final cleansing 7 days before the end of the contractual relationship regarding the goods and materials.

(5) Insofar as the costs of the final cleansing exceed the replacement value of the goods and materials, the Client may refuse cleansing and reimburse the replacement value. The Client is entitled to prove to ETG that the replacement value is lower than the replacement value notified by ETG.

(6) Insofar as at the time of the return of goods and materials a deterioration or damage of goods and materials has occurred, the Client shall pay compensation for damages. Insofar as repair or maintenance is associated with disproportionate costs, the Client is obliged to reimburse ETG for the replacement value. Insofar as the Client has to reimburse the replacement value, he shall dispose of the goods and materials at his own expense. If the disposal is carried out by ETG, ETG is entitled to charge the Client for the disposal costs and any fees associated with the disposal. The assertion of further damages remains unaffected.

(7) Contamination of goods and materials as well as a prohibition of further use by official order or comparable authority measure (seizure, confiscation, expropriation, etc.) due to usage  by the Client shall be deemed equivalent to damage.

§ 8 Limitation of Liability

(1) ETG shall be liable without limitation in the event of intent or gross negligence, in accordance with the provisions of the Product Liability Act and for injury to life, body and health.

(2) ETG shall only be liable, irrespective of the legal grounds, for damage caused by culpable breach of a contractual obligation, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Client may regularly rely (material contractual obligation). Insofar as none of the cases mentioned in this paragraph occurs, the liability is limited in amount to the compensation of the damage typical for the contract, the occurrence of which ETG must expect at the time of conclusion of the contract due to the circumstances known at that time.

(3) The above exclusions and limitations of liability shall also apply to the same extent in favour of ETG’s employees, legal representatives, bodies and executives as well as vicarious agents.

(4) Claims for defects and damages arising from the provision of supplies and services by external companies on behalf of the Client are excluded, unless ETG has breached its duty of care in the selection of the external companies.

§ 9 Retention of Title

(1) In the event of a purchase, ETG retains ownership of the goods until payment has been made in full.

(2) The Client is obliged to treat the goods and materials with care until payment has been made in full. In particular, the Client is obliged to insure it adequately against fire, water and theft damage at replacement value at his own expense and to provide ETG with corresponding proof upon request. In the case of fixed installations, maintenance and inspection work must be carried out by the Client in a timely manner at the Clients own expense

(3) In the event of seizures or other interventions by third parties, the Client shall inform the third party of the existing retention of title. Furthermore, the Client shall immediately notify ETG in writing so that ETG can protect its rights. Insofar as the third party is not in a position to reimburse ETG for the judicial and extrajudicial costs in connection with the safeguarding of ETG’s legitimate interests, the Client is liable for the loss incurred by ETG.

(4) The Client is not entitled to resell or rent out ETG’s goods or services without ETG’s written consent. The transfer of use to third parties is prohibited without the prior express written consent of ETG.

§ 10 Cancellation and Postponement

(1) If the Client cancels the order prematurely, ETG’s claim to payment of the agreed remuneration for the commissioned service shall remain in force unless the parties have expressly agreed otherwise. However, ETG must allow the deduction of what it saves in expenses due to the cancellation or what it acquires through other use of its own labour or maliciously refrains from doing so. In addition, ETG shall be entitled to a lump-sum compensation in the amount of 5% of the amount of the non-performed service as well as to payment of any third-party services of subcontractors already commissioned at the time of the cancellation and other amounts and costs incurred insofar as these have not already been taken into account in the settlement.  At the same time ETG is released from the obligation to perform.

(2) If the cancellation by the Client is due to a reason for which the Client is not responsible, for example the cancellation of the event as a result of force majeure (disruption of purpose), ETG shall be entitled to a settlement according to the stage of performance as well as third-party services already commissioned from subcontractors and other disbursed amounts and costs in corresponding application of Sec. 5 (8) insofar as these have not already been taken into account in the settlement according to the stage of performance. Postponement of the event for an indefinite period of time due to force majeure shall be deemed equivalent to cancellation.

(3) If the event which forms the basis for the commission is postponed to a later but concrete date, the due date of ETG’s claim for payment of 100% of the remuneration shall remain unaffected. In this case, ETG shall be entitled to charge the Client for any additional expenses incurred as a result of the postponement (e.g. storage costs, cost increases, expenses made in vain, etc.).

§ 11 Cancellations or Postponements due to Force Majeure

(1) In justified exceptional situations, ETG is entitled to adjust the contractual performance obligations in the event of cancellation or postponement of the event which forms the basis for the commissioning, insofar as this is reasonable for the Client, taking into account his legitimate interests.

(2) A justified exceptional situation which justifies such a measure exists in particular if, due to force majeure (e.g. natural disasters, pandemics, terrorist attacks, strike or lockout), the event is cancelled or relocated.

§ 12 Copyrights and transfer to third parties

(1) ETG reserves all property rights and copyrights to illustrations, drawings, calculations and other documents. This applies in particular to such documents which are designated as “confidential”. Passing them on to third parties requires the prior express written consent of ETG.

(2) Reservations with regards to copyrights shall also apply to all other goods and their components such as plans, drafts, production and assembly documents, concept descriptions as well as descriptions of exhibition and event concepts, designs, graphics, displays, advertising texts or models, irrespective of whether these have been sold or merely made available on a rental basis.

(3) Goods or their components may under no circumstances be copied or reproduced without the written permission of ETG. Any further transfer of rights of use than that required for the performance of the contract, irrespective of whether special protection rights (e.g. copyrights) exist or not, shall require prior express written consent of ETG.

§ 13 Confidentiality and Data Protection

(1) All business, technical or other information made accessible by the Client shall be kept secret from third parties and shall be used by ETG exclusively for the execution of the order. The duty of confidentiality does not apply to information,

(i) which is publicly known;

(ii) which ETG has obtained from third parties without breach of confidentiality obligations; or

(iii) that are required to be disclosed by law or by legal or regulatory order.

(2) The applicable data protection laws shall apply.

§ 14 Jurisdiction, Place of Performance, Miscellaneous

(1) If the Client is an entrepreneur, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be the registered office of ETG.

(2) Unless otherwise stated in the order confirmation, the place of performance under the conditions specified in Sec. 14 (1) shall be the registered office of ETG.

(3) The law of the Federal Republic of Germany shall apply exclusively to all legal relationships between ETG and the Client with the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(4) Should one of these provisions be invalid, the validity of the remaining provisions shall not be affected. In place of the invalid provisions, the statutory provisions shall apply.

(5) For the interpretation of these General Terms and Conditions, the German language version shall always prevail.