Company profile

Welcome to the CREATEX Handels-GmbH. Airbrush is our Passion – since 1993! We are one of the leading European importers and wholesalers for high-quality Airbrush Products of well-known Brands. We only supply specialized dealers. A dealer near you please find here.

Contact
  • CREATEX Handels-GmbH,
    Kirchhoffstr. 7, D-24568 Kaltenkirchen
  • Telefon: : +49 (0) 4191 88277
  • Telefax: : +49 (0) 4191 85912
  • Email: info@createx.de

Terms & Conditions


Terms and Conditions of Delivery and Payment of Createx Handels-GmbH

1. Trading

General information
The buyer acknowledges these terms and  conditions of delivery and payment, which shall only apply for contracts with entrepreneurs, for this contract and for all future business. Deviating conditions of the buyer shall –even if we are aware of these – not become part of the contract through our silence or our delivery, they must be confirmed by us by our managing director or authorized signatories separately in writing for each individual business. You accept our terms and conditions of delivery and payment with your order.

Prices, conditions of payment
Our prices are derived from our price lists applicable upon conclusion of contract. Variations have to be fixed in writing. Prices apply from our warehouse plus packaging, dispatch costs and value added tax at the rate applicable.
Delivery outside Germany: Freight charges will be paid by buyer.
Payment:
– in case of bank collection within 30 days net.
– on invoice, payable with 8 days 30 days net.
insofar as at this time there are no other outstanding claims against the buyer.
Supply of new customer only with prepayment.

Offers, delivery, risk, returns
1. Our offers are – also according to quantity, quality, price and delivery date or delivery deadline – without obligations.
2. The buyer is bound to his order for four weeks, it shall become binding for both parties, as soon as we have confirmed this in writing. In case we do not confirm an order in writing, our delivery note or the delivery shall be deemed as confirmation.
3. We shall be permitted to cancel the contract if we are on our part not supplied correctly or on time and this – e.g. in view of a corresponding cover purchase – is beyond our control.
4. We shall be entitled to make part deliveries unless these cannot be used by the buyer and this is evident for us.
5. We are – also when stating a delivery date or a delivery deadline – entitled to deliver at all times. We shall be deemed in default of delivery if we do not deliver on time in case of a fixed business or if after written request by the buyer we do not deliver within a reasonable deadline set by him; in case of a delivery date or a delivery deadline only a request made subsequently shall be decisive. The buyer is entitled to a right of cancellation according to §323 BGB owing a default in delivery, if we are responsible for this delay. A final deadline to be set for us is extended by the duration of unforeseeable impediments to delivery for which there is no fault such as subsequent import or export bans, interferences to manufacture or delivery to us our suppliers owing to force majeure, traffic interferences, strike, lock-out etc. In the event that we are in default of delivery the buyer shall be obliged within the deadline to be set by us to declare whether he cancels the contract or insists on delivery.
6. The risk shall pass to the buyer as soon as the goods leave our warehouse; this shall also apply if carriage paid delivery has been agreed or we deliver personally or we have covered a transport insurance.
7. The buyer shall dispose of the packaging at own costs.
8. Exchange and return of the goods is excluded, insofar as this – e.g. for goods on commission- has not been agreed otherwise in writing. In case of agreed right of return the buyer must send the goods to us in the original condition, packaged and carriage paid.  In this case we are not responsible for the risk of shipping. After examination of the returned goods we shall issue a credit note; the buyer may only set against our claims after a credit note has been issued.

Guarantee, warranty, claims for damages
1. Diagrams and descriptions at our website, in our catalogues and advertising folders merely give an idea of our goods. A guarantee of condition shall only exist if a guarantee has been expressly mentioned and operating instructions given for the goods are observed. Each buyer is obliged as reseller to refer his customers to the operating instructions and give the sufficient opportunity to acknowledge these.
2. Notification of defects have to be notified to us at the time of 8 days by writing. In case of latent defects we have to be informed immediately after they have been noticed.
3. Goods, which have defects when the risk has been  passed, which are only detected during the warranty period, shall at our choice be improved or replaced. The buyer pays assume additional cost incurred in the event that the costs of this subsequent performance are increased, because the goods were taken to another location than the place of delivery. The buyer pays all associated costs in case of an unjustified complaint.
4. In case a subsequent performance fails the buyer may cancel the contract insofar as the fault is not insignificant or reduce the purchase price.
5. Claims are subject to alimitation period of 12 months.
6. If the goods delivered by us become an object of a purchase of consumer goods in the further supply chain, European legal regulations apply as long as nothing else is agreed on in writing.

Reservation of Title
1.We reserve the right to property of the delivered goods until all claims have been paid – also those due in future or conditional – from the business relationship with the buyer. The buyer must grant us access to the reserved goods in his possession.
2. The buyer may only sell the reserved goods against cash payment or under reservation of title in proper business transactions; he is not entitled to other disposals in particular to assign as security, pledging, sale of the whole stocks of goods or clearance sale. The buyer must use the proceeds from the resale to immediately repay his liabilities towards us.
3. The buyer hereby now already assigns his claims from the resale of the reserved goods – including the corresponding claims from cheques and bills of exchange – with all secondary rights to us. In case the reserved goods are sold by the buyer together with other goods which do not belong to us for a total price, the assignment is only carried out for the amount which we charged to him.
4. In case the claims of the buyer from the resale are included in a current account, the buyer hereby assigns already now his claim from the current account towards his customers. The assignment is carried out in the amount which we charged him for the resold reserved goods.
5. The buyer assigns us all insurance or other claims, which he acquires owing to the loss or damages to the reserved goods.
6. We accept all afore-mentioned assignments. The buyer shall upon request hand us a list of the assigned claims and all information and documents for their assertion.
7. The buyer may no longer dispose the reserved goods and no longer collect the claims assigned to us, insofar as he is in default with payment towards us or we can exercise our rights according to subclause III, 3 or he breaches one of the afore mentioned obligations for securing our  property. We may then –if necessary after the expiry of a reasonable final deadline – cancel the contract, demand the immediate hand over of the reserved goods and disclose the assignments. For hand over the buyer must store the reserved goods separately from other goods of the buyer or other suppliers, mark these as our delivery under reservation of title, to refrain from all disposals over the goods and hand us a list of the reserved goods.
8. If the realisable value of the security exceeds the amount of our claims by more than 20%, we shall insofar at our choice release these upon request by the buyer.
9. The buyer must inform us immediately in writing of any access of third parties to the reserved goods or to the claims assigned to us and support us when intervening in all ways. The costs for all this shall be covered by the buyer.

Resale, export
Deliveries to distributors may only be sold to retailers.

Final provisions
1. Place of performance for payment obligations and place of jurisdiction for all disputes, also from bills of exchange and cheques, ensuing from our business relationship with merchants is Norderstedt.
2. German law shall apply, however the application of the convention of the United Nations on contracts for the international sale of goods is expressly excluded (CISG)
3. Should individual provisions of our contract with the buyer including these terms and conditions be invalid either in whole or in part or contain a gap, this shall have no effect on the validity of the other provisions. The invalid regulation shall be replaced by one which shall as close as possible satisfy the commercial intention of the invalid provision; the same shall apply for filling a gap.

2. Services

Course conditions
In order for a course to take place, the minimum number of participants (workshops 10, advanced training 5) must be reached.
We will be happy to provide you with hot and cold drinks and a lunch snack at the Kaltenkirchen and Berlin event locations. For in-house courses (e.g. at vocational schools) please take care of the catering yourself.
All consumables, airbrushes and / or spray guns are provided free of charge. Airbrushes and spray guns must be treated with care and cleaned properly at the end of the course (under the guidance of the trainer).
As it can happen with every course that paint is spilled, please wear appropriate clothing.

Payment
Please transfer the course fee within one week of receiving the registration documents. We can only make a binding reservation for your place after receipt of payment.

Failure to reach
If the minimum number of participants has not been reached by 14 days before the start of the course, we will inform you immediately and refund the course fee.
If possible, we will offer you an alternative course date.

Cancellations
You can cancel your reservation at any time. Up to 30 days before the start of the course we will refund 100% of the course fee, up to 14 days before the start of the course 50%, for cancellations at short notice we will charge a lump-sum operating cost of 100% of the course fee.

3. Privacy

Privacy Policy
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 the websites www.createx.de and www.createx-workshop.de (the “controller”) for purposes of data protection law is:

Createx Handels-GmbH
Kirchhoffstr. 7
D-24568 Kaltenkirchen

Tel: +49 (0) 4191 88277
Fax: +49(0) 4191 85912
email: info@createx.de

The controller’s data protection officer is Mr. Jörg Warzyceck

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.
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.

Order processing
The data you submit when ordering goods and/or services from us will have to be processed in order to fulfill your order. Please note that orders cannot be processed without providing this data.
The legal basis for this processing is Art. 6 Para. 1 lit. b) GDPR.
After your order has been completed, your personal data will be deleted, but only after the retention periods required by tax and commercial law.
In order to process your order, we will share your data with the shipping company responsible for delivery to the extent required to deliver your order and/or with the payment service provider to the extent required to process your payment.
The legal basis for the transfer of this data is Art. 6 Para. 1 lit. b) GDPR.

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.

Facebook
To advertise our products and services as well as to communicate with interested parties or customers, we have a presence on the Facebook platform.
On this social media platform, we are jointly responsible with Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbor, Dublin 2, Ireland.
The data protection officer of Facebook can be reached via this contact form:
https://www.facebook.com/help/contact/540977946302970
We have defined the joint responsibility in an agreement regarding the respective obligations within the meaning of the GDPR. This agreement, which sets out the reciprocal obligations, is available at the following link:
https://www.facebook.com/legal/terms/page_controller_addendum
The legal basis for the processing of the resulting and subsequently disclosed personal data is Art. 6 para. 1 lit. f GDPR. Our legitimate interest lies in the analysis, communication, sales, and promotion of our products and services.
The legal basis may also be your consent per Art. 6 para. 1 lit. a GDPR granted to the platform operator. Per Art. 7 para. 3 GDPR, you may revoke this consent with the platform operator at any time with future effect.
When accessing our online presence on the Facebook platform, Facebook Ireland Ltd. as the operator of the platform in the EU will process your data (e.g. personal information, IP address, etc.).
This data of the user is used for statistical information on the use of our company presence on Facebook. Facebook Ireland Ltd. uses this data for market research and advertising purposes as well as for the creation of user profiles. Based on these profiles, Facebook Ireland Ltd. can provide advertising both within and outside of Facebook based on your interests. If you are logged into Facebook at the time you access our site, Facebook Ireland Ltd. will also link this data to your user account.
If you contact us via Facebook, the personal data your provide at that time will be used to process the request. We will delete this data once we have completely responded to your query, unless there are legal obligations to retain the data, such as for subsequent fulfillment of contracts.
Facebook Ireland Ltd. might also set cookies when processing your data.
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. Cookies that have already been saved can be deleted at any time. The instructions to do this depend on the browser and system being used. For Flash cookies, the processing cannot be prevented by the settings in your browser, but instead by making the appropriate settings in your Flash player. If you prevent or restrict the installation of cookies, not all of the functions of Facebook may be fully usable.
Details on the processing activities, their suppression, and the deletion of the data processed by Facebook can be found in its privacy policy:
https://www.facebook.com/privacy/explanation
It cannot be excluded that the processing by Facebook Ireland Ltd. will also take place in the United States by Facebook Inc., 1601 Willow Road, Menlo Park, California 94025.
Facebook Inc. has submitted to the EU-US Privacy Shield, thereby complying with the data protection requirements of the EU when processing data in the USA.
https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active

Social media links via graphics
We also integrate the following social media sites into our website. The integration takes place via a linked graphic of the respective site. The use of these graphics stored on our own servers prevents the automatic connection to the servers of these networks for their display. Only by clicking on the corresponding graphic will you be forwarded to the service of the respective social network.
Once you click, that network may record information about you and your visit to our site. It cannot be ruled out that such data will be processed in the United States.
Initially, this data includes such things as your IP address, the date and time of your visit, and the page visited. If you are logged into your user account on that network, however, the network operator might assign the information collected about your visit to our site to your personal account. If you interact by clicking Like, Share, etc., this information can be stored your personal user account and possibly posted on the respective network. To prevent this, you need to log out of your social media account before clicking on the graphic. The various social media networks also offer settings that you can configure accordingly.
The following social networks are integrated into our site by linked graphics:
Facebook
Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland, a subsidiary of Facebook Inc., 1601 S. California Ave., Palo Alto, CA 94304, USA.
Privacy Policy: https://www.facebook.com/policy.php
EU-US Privacy Shield https://www.privacyshield.gov/participant?id=a2zt0000000GnywAAC&status=Active

Google-Maps
Our website uses Google Maps to display our location and to provide directions. This is a service provided by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland (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 Ireland Limited, Gordon House, Barrow Street, Dublin 4, Irland, 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
Model Data Protection Statement for Anwaltskanzlei Weiß & Partner

Version November 14, 2019