Industrial Biocides: Selection and Application
Language: English
Published by ROYAL SOCIETY OF CHEMISTRY, 2002
- Hardcover
- New

Condition: New
US$ 132.37
Quantity: Over 20 available
Add to basketItem description from seller
This book is a unique title that will be welcomed by many in industry, including industrial and water chemists, microbiologists, and plant and environment managers.InhaltsverzeichnisOverview The Political Arena Pulp and Paper Wate.
Seller Inventory # 595098326
- Title
- Industrial Biocides: Selection and Application
- Author
- Karsa, D. R.
- Publisher
- ROYAL SOCIETY OF CHEMISTRY
- Publication year
- 2002
- Condition
- New
- Binding
- Gebunden
- Language
- English
- ISBN 10
- 0854048057
- ISBN 13
- 9780854048052
Numerous applications for biocides have been found in fields as diverse as ethical pharmaceuticals and cat litter products. The aim of this book is two-fold: to provide a comprehensive guide to the use of biocides across a range of applications; and to aid in the selection of a biocide that is "fit for purpose". It covers a cross-section of traditional measures, novel ideas and innovative developments, as well as addressing the biocides market, the political outlook and future trends of biocide use. With contributions by acknowledged experts in the field, Industrial Biocides is a unique title that will be welcomed by many in industry, including industrial and water chemists, microbiologists, and plant and environment managers.
"Synopsis" may belong to another edition of this title.
Excerpt. © Reprinted by permission. All rights reserved.
Industrial Biocides
Selection and Application
By D.R. Karsa, D. AshworthThe Royal Society of Chemistry
All rights reserved.
Contents
Overview,
An Overview of the Biocides Market N. D'Arcy, 3,
The Political Arena,
The Biocidal Products Directive (98/8/EC) G. Wilson, 19,
Pulp and Paper,
Biocides in the Pulp & Paper Industry: An Overview P. Simpson, 17,
The Application of Dialdehyde Chemistry for Control of Catalase in the Deinking Processes P. Sundblad and R. Scott, 23,
Water,
The Novel Use of Chlorine Dioxide in the Treatment of Domestic Building Services A. Harris and T.J. Parkinson, 33,
Biofilms: Adverse Economic Aspects and Their Avoidance A.J. McBain and P. Gilbert, 41,
A New Environmentally Sensible Chlorine Alternative W.F. McCoy, 52,
Paints and Coatings,
Preservation of Paints in the Wet-State J. Gillat, 65,
The Enhanced Performance of Biocidal Additives in Paints and Coatings M. Edge, K. Seal, N.S. Allen, D. Turner and J. Robinson, 84,
Disinfection,
Actual Situation in Developing a European Standard for Testing of Surface Disinfectants G. Heinz, 97,
Plastics,
Microbiocides for PVC and Other Polymers R. Borgma.nn-Strahsen, 103,
Performance Fluids,
The Application of Biocides in Metal Working Fluids M.A. Wright, 111,
Aircraft Toilet Sanitising T.F. Child, A.S. C. Whyle, B. Bella and T. Willems, 119,
Swimming Pools,
The Use of Algicides in Swimming Pools Y.L. Verlinden, 127,
The Future Prospects for Chemical Biocides for Pool Water Treatment S.J. Judd, 137,
Pharmaceuticals, Cosmetics and Toiletries,
A Current Look at Personal Care Preservatives M. Parkin, 147,
A Practical Guide to the Selection and Application of Topical Antimicrobials, from a Product Development Perspective A. Altunkaya, 156,
Subject Index, 163,
CHAPTER 1
THE BIOCIDAL PRODUCTS DIRECTIVE (98/8/EC)
Geoffrey Wilson
Health & Safety Executive, Rose Court, 2 Southwark Bridge, London SE1 9HS
1 SUMMARY
This paper outlines the content of the Biocidal Products Directive and explains how it will be implemented in the UK. It covers what industry will have to do in compliance, what is currently happening in Europe and gives an estimated timetable for all the activities.
2 BIOCIDAL PRODUCTS DIRECTIVE
A proposal for a European Parliament and Council Directive concerning the placing of biocidal products on the market was adopted on 16 February 1998, numbered 98/8/EC and published in the Official Journal on 24 April 1998 (reference L 123 pp 1-62).
The Directive has to be implemented in all member states by 14 May 2000.
2.1 Aims of the Directive
The Directive is based on article 100a of the Treaty and it has has two key aims: - HARMONISATION OF THE MARKET FOR BIOCIDAL PRODUCTS - A HIGH LEVEL OF PROTECTION FOR HUMANS AND THE ENVIRONMENT
2.2 Operation of the Directive
The Directive will operate by listing all active substances which can be used in biocidal products in a list (annex I to the Directive) and requiring that only those active substances listed can be used in biocidal products. Member states will then authorise biocidal products to a set of common principles (annex V of the Directive) with a system of mutual recognition of authorisations.
2.3 Content of the Directive
A summary of the main contents of the Directive is:
MUTUAL RECOGNITION
SCOPE - there are 23 Product types
MUTUAL RECOGNITION
COMPARATIVE ASSESSMENT
DATA REQUIREMENTS
DATA PROTECTION & CONFIDENTIALITY
SIMPLIFIED PROCEDURES
CLASSIFICATION, PACKAGING and LABELLING
CHARGES
TRANSITIONAL ARRANGEMENTS
GUIDANCE DOCUMENTS
Member states have a number of actions under the Directive. They have to appoint a competent authority (or authorities), transpose the Directive into national law, enforce it and provide information to the European Commission.
3 IMPLEMENTATION OF THE BPD IN THE UK
The UK has set three principles for the implementation of the Directive. These are that the implementing systems must be:
- EFFICIENT & EFFECTIVE
- TRANSPARENT & ACCOUNTABLE
- SELF FINANCING (as far as possible).
In practice it has been agreed that the Health and Safety Executive (HSE) will operate as the de facto competent authority and that new Regulations will be made under the Health & Safety at Work etc. Act and the European Communies Act - the Biocidal Products Regulations (BPR).
Guidance on the new Regulations and on the proposed new systems will also be produced and both the Regulations and the guidance will be circulated for public comment. A number of industry groups have been set up to assist with this process. One group deals with financial issues, another with the transitional arrangements whilst a third group covers optimisation of use - this latter group is known as the Biocides Users Group (BUG).
There is a current control system for certain types of biocidal products (known as non-agricultural pesticides) operated by HSE under the Control of Pesticides Regulations (CoPR). These are antifouling products, insecticides, wood preservatives and surface biocides. Additionally agricultural pesticides are controlled under CoPR but these are administered by the Pesticides Safety Directorate (PSD), an executive agency of the Ministry of Agriculture, Fisheries and Food (MAFF).
Many new product types will be regulated by HSE under the BPR, and these are listed on the next page:
DISINFECTANTS
PRESERVATIVES - In can; Film; Fibre, rubber & polymerised; Liquid cooling & processing; Metalworking; Food & feedstocks preservatives.
SLIMICIDES
EMBALMING & TAXIDERMIST FLUIDS
ATTRACTANTS
(Rodenlicides, Avicides, Molluscicides, Piscicides, Vertebrate control agents).
The last group of products - enclosed in brackets - are currently controlled under CoPR but by PSD rather than HSE.
3.1 Proposals for charges
The Directive (article 25) allows for full cost recovery and HSE's proposals are that this will be collected in two ways: by fees and by a general industry charge (GIC). A fee will be charged to directly identifiable customers e.g. those who apply for authorisation of a biocidal product whilst the GIC will be payable by all with biocidal products on the market. It will cover the costs of work such as monitoring, specific biocides research work etc.; it is likely to start on 14 May 2000.
3.2 The Biocides Consultative Committee (BCC)
This committee will offer advice to the competent authority (HSE) on all aspects involving biocides. It will be composed mainly of independent members and have an independent chairman. Other Government Departments will sit on the committee acting as advisors. There will also be an interdepartmental committee which will work with the competent authority on the scientific assessments and risk assessments.
3.3 Guidance Documents
Five sets of guidance will be produced:
GUIDANCE FOR SUPPLIERS
GUIDANCE FOR USERS
TRANSITIONAL GUIDANCE
GUIDANCE FOR APPLICANTS
A SIMPLE GUIDE
This guidance should all be available before the implementation date of the Directive, with the Transitional Guidance being available first.
3.4 Public Consultation
A Consultative Document (CD) containing:
- THE DRAFT REGULATIONS
- THE BIOCIDAL PRODUCTS DIRECTIVE
- THE DRAFT GUIDANCE
- THE REGULATORY IMPACT ASSESSMENT
- A LIST OF CONSULTEES
- A REPLY PRO-FORMA
was published on 2 July 1999 and comments were invited from industry, other government departments, non-governmental organisations and the general public up to 1 October 1999.
After this date the draft Regulations and Guidance will be amended in the light of comments received and then a submission made to Ministers asking them to accept the Regulations. They will then be laid before Parliament.
It is anticipated that the Regulations and Guidance will be in place by the required date of 14 May 2000.
Even though the Regulations are in place on 14 May 2000 there will be no immediate effect on product authorisations as the Regulations (and the parent Directive) depend on active substances being listed in annex I of the Directive. On 14 May 2000 Annex I will be empty.
3.5 Transitional arrangements
- BPR DO NOT APPLY UNTIL ACTIVES ARE ON ANNEX I
- ANNEX I IS EMPTY ON 14 MAY 2000
- ANNEX I IS FILLED ESSENTIALLY BY THE REVIEW PROGRAMME
There will be a long transitional period (the Directive foresees 10 years) before the Regulations come fully into effect. During the transition period existing national rules will contine to apply - that means CoPR will continue until all biocidal active substances have been reviewed under the biocides programme.
3.6 The Review Programme
There are approximately 2000 existing active substances to be reviewed over a 10 year period. The European Commission and member states are currently working on producing a review Regulation which is expected to be in two parts. Part one will outline the process and may be accompanied by a list of existing active substances on the market. It is anticipated to be published by the end of this year. Part two of the review Regulation will follow some 18 months later and will contain the first list of active substances to be reviewed.
The review programme is likely to be fairly similar to that operating for agricultural pesticides under Directive 91/414/EEC and its main features are:
- REVIEWS WILL BE CARRIED OUT BY MEMBER STATES
- ANNEX I ENTRY WILL BE DECIDED BY THE COMMUNITY
- THE PROGRAMME IS DUE TO BE COMPLETED IN 10 YEARS
4 EFFECTS ON INDUSTRY
The Directive, and implementing Regulations require that risk assessments are carried out on biocidal active substances and the products containing them. This requires the submission, and in many cases the generation of data and industry has to provide this.
4.1 What does industry have to do?
Industry has to consider the following key questions:
- WHAT ACTIVE SUBSTANCES ARE USED?
- WHAT ARE THE DATA GAPS?
- WILL THE DATA GAPS BE FILLED?
Industry has to decide which of the existing active substances it will support and supply the necessary data to the competent authorities. Data must also be submitted on any new active substances (not on the market on 14 May 2000).
Individual companies should try to get together to form task forces to help with the gathering and submission of data. The Directive encourages this and gives member states the power to require this by law.
Industry should also continue to work with the European commission and other member states on the many working groups which are working on clarification of aspects related to the Directive. These groups cover topics such as the scope of the Directive, thhe exact data requirements an various European guidance documents but most importantly the review programme.
In summary, even though the Directive itself has been agreed, industry can still influence:
- THE REVIEW PROCESS
- THE DATA REQUIREMENTS
- THE GUIDANCE DOCUMENTS
5 THE TIME SCALE
Assuming that everything goes according to plan and that agreements are quickly reached the timetable looks like this:
- IMPLEMENTATION IN MEMBER STATES - May 2000
- FIRST REVIEW REGULATION - Jan 2000
- GUIDANCE DOCUMENTS - May 2002
- SECOND REVIEW REGULATION - July 2002
- REVIEW PROGRAMME STARTS - Aug. 2002
- FIRST ACTIVE ON ANNEX I - Aug. 2003
- ALL ACTIVES ON ANNEX I - Aug. 2012
It has to be said that this is a very optimistic timetable and the author's view is that there is likely to be significant slippage in all phases but especially in the operation of the review programme.
6 SUMMARY
6.1 Positive aspects of the Directive
These are:
- STANDARDISATION OF THE DATA REQUIREMENTS
- MUTUAL RECOGNITION OF PRODUCT AUTHORISATIONS
6.2 Negative aspects of the Directive
These are:
- THE DATA REQUIREMENTS THEMSELVES
- THE AUTHORISATION COSTS
- A RESTRICTED CHOICE OF ACTIVES AS A RESULT
7 CONCLUSION
In conclusion the Biocidal Products Directive will have the following effects:
- NEW REGULATIONS IN PLACE IN THE UK BY 14 MAY 2000
- NO IMMEDIATE EFFECT ON PRODUCT AUTHORISATIONS
- THE REQUIREMENTS COME IN GRADUALLY OVER 10 YEARS
CHAPTER 2BIOCIDES IN THE PULP & PAPER INDUSTRY: AN OVERVIEW
Dr Pamela Simpson
Whitewater Technologies Ltd, P.O.Box 1153, Stourbridge, West Midlands DY8 2GB
1 INTRODUCTION
Growth of microorganisms in paper manufacturing processes can cause major technical, economic and hygienic problems, mainly due to slime formation. The chemical-physical conditions, and the composition of microorganisms, may vary widely in one process and between processes. Resistant strains can evolve following repeated treatment by certain biocide technologies. Furthermore the regulations for paper intended for food packaging and environmental labelling systems limit the choice of biocide active ingredients.
Biocides are added to the wet end process to prevent slime formation. Introduction of neutral or alkaline sizing instead of acidic papermaking, the closed water circuits, and the increasing proportions of recycled paper have required changes in biocide types in order to control different microbial populations.
Biocides are also used in the pulp and paper industry for the protection of processing materials. The main biocides used in this application fall into the preservative range and can be different from others employed within the paper processing.
This paper aims to introduce the problems that exist within the pulp and paper processing and detail how biocides can help to reduce these problems.
2 THE PULP INDUSTRY
2.1 Types of Pulp
The pulp industry is broken down into predominantly two types of fibre types:
2.1.1 Virgin fibre, which can be further, split into two types, e.g. chemical and mechanical. Chemical virgin fibre undergoes treatments that remove most of the lignin; mechanical undergoes treatment that maintains the level of lignin within the pulp. Both these types of pulp are relatively free from microbiological contamination.
2.1.2 Recycled fibre such as newspaper, coloured paper, computer paper and is usually heavily contaminated with microorganisms.
Both of these types of pulps offer a variety of microbiological problems with the most severe being from the recycled paper types. The microbiological problems encountered are both aerobic and anaerobic bacteria which can develop at different stages of the pulping and can lead to the production of "off odours usually associated with hydrogen sulphide. Once produced, hydrogen sulphide can react with free metals to produce pigmented sulphides that cause further problems of discolouration.
Wherever virgin fibres are used for pulp manufacture, although these appear relatively free from microbial problems, there may be fungal spores present which originated from the timber itself. If these are presented with the right growth conditions, germination may take effect, causing hyphal development and surface "mat" formation. As a bi-product of this growth, pigments can also be released from the fungal species, which again can cause pigmentation of the pulp.
2.2 Biocides Encountered in the Pulp Industry
Over the last few years, the pulp industry has come under extensive pressure to reduce the levels of halogens being discharged in effluent streams. As the pulping process utilises high levels of halogens during their bleaching process, the level of available organic halogen (AOX) is high and thought to be of concern to the environment. Alternatives have therefore been sought which can achieve the bleaching requirements, but have minimal impact on the environment. These also, indirectly, have had a great effect on the level of microorganisms remaining within bleached pulp. Hence non-sterile pulp may be transferred to a paper process and cause problems during manufacture.
Table 1 below represents the types of biocides that were used during the pulping process and subsequent biocides that have been introduced over the last few years to assist in the reduction of microbial contamination. In general, they types of biocides that are now being utilised are fast acting bactericides to prevent the anaerobic activity which results in the production of odours and blackened pulp.
The halogenated hydantoins also form part of the new types of biocides being used. Although these contain halogens, these are released on demand and hence are only available when microbiological activity demands the release of the halogen. Hence the release of halogens is significantly reduced and is seen as a reduced environmental concern.
3 COATINGS AND ADDITIVES FOR PAPER MAKING
3.1 Types of Coatings and Additives
The coatings and additives utilised during paper processing are also a significant source of microbiological contamination. The types that are frequently used are:
Fillers: e.g. calcium carbonate, kaolin, titanium dioxide
Sizing agents, starches
Natural dyes,
brighteners Retention aids
All these components are from natural sources and are frequently contaminated by aerobic and anaerobic bacteria which utilise these as their food source. The problems encountered are not too dissimilar to those encountered in the pulp industry with colouration being of great concern. Other problems however are due to the loss of viscosity of these products once microbiological digestion is underway. If this occurs during storage in tanks, the whole product is rendered ineffective and cannot be used within the paper process as the microbiological digestion has altered their properties.
Any product that is utilised during paper production will cause paper sheet colouration or loss of desired properties and hence would cause a significant paper quality failure and lost income. It is therefore important to have a good plant hygiene programme in place to monitor carefully the storage products of such products and ensure that the right preservative chemistry is in place to maintain a microbiological free product for long periods of time.
3.2 Biocides Used in the Coatings and Additives Industry
The types of biocides used in this application vary from the rest of the pulp and paper industry. These require to be longer lasting, i.e. sometimes up to 1 years protection is storage tanks and hence fall into the category of preservatives.
Table 2 represents the types of preservatives that are commonly encountered in these products for use in the paper industry.
Chlorine dioxide has also periodically been encountered in these applications in third world countries, but the effectiveness of this biocide would be short lived.
(Continues...)
Excerpted from Industrial Biocides by D.R. Karsa, D. Ashworth. Copyright © 2002 The Royal Society of Chemistry. Excerpted by permission of The Royal Society of Chemistry.
All rights reserved. No part of this excerpt may be reproduced or reprinted without permission in writing from the publisher.
Excerpts are provided by Dial-A-Book Inc. solely for the personal use of visitors to this web site.
"About the title" may belong to another edition of this title.
Shipping rates from Germany to U.S.A.
| Item | 26 to 60 business days | 26 to 60 business days |
|---|---|---|
| First item | US$ 55.01 | US$ 55.01 |
Payment methods
- Bank Wire Transfer
- Check
- Paypal
Store description
Online Handel nur mit Neubüchern
Seller's business information
Moluna GmbH
Engberdingdamm 27
Greven, Germany 48268
Terms of sale
Instructions for revocation/
Standard Business Terms and customer information/ data protection declaration
Revocation right for consumers
(A ‘consumer’ is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities.)
Instructions for revocation
Revocation right
You have the right to revoke this contract within one month without specifying any reasons.
The revocation period is one month with effect from the day,
-
on which you or a third party nominated by you, which is not the carrier, had taken possession of the products, provided you had ordered one or more products within the scope of a standard order and this/these product/products is/are delivered uniformly;
-
on which you or a third party nominated by you, which is not the carrier, had taken possession of the last product, provided you had ordered several products within the scope of a standard order and these products are delivered separately;
-
on which you or a third party nominated by you, which is not the carrier, had taken possession of the last part delivery or the last unit, provided you had ordered a product, which is delivered in several part deliveries or units;
In order to exercise your revocation right, you must inform us (Moluna GmbH, Engberdingdamm 27, 48268 Greven, Telephone number: 02571/5 69 89 33, Fax number: 02571/5 69 89 30, E-Mail address: abe@moluna.de) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent via post, fax or email). You can use the enclosed specimen revocation form for this, which however is not mandatory.
In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within 14 days from the day on which we received the notification about the revocation of this contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.
We can refuse the repayment until the products are returned to us or until you have furnished evidence that you have sent the products back to us, depending on whichever is earlier.
You must return or transfer the products to us immediately and, in any case, at the latest within 14 days with effect from the day on which you inform us of the revocation of this contract. The deadline is maintained if you send the products before the expiry of the 14 day deadline.
You bear the direct costs for returning the products.
You must pay for any depreciation of the products only if this depreciation can be attributed to any handling with you that was not necessary for checking the condition, features and functionality of the products.
Criteria for exclusion or expiry
The revocation right is not available for contracts
for delivery of products, which are not prefabricated and for whose manufacturing an individual selection or stipulation by the consumer is important or which are clearly tailored to the personal requirements of the consumer;
for delivery of products, which can spoil quickly or whose use-by date would be exceeded quickly;
for delivery of alcoholic drinks, whose price was agreed at the time of concluding the contract, which however can be delivered 30 days after the conclusion of the contract at the earliest and whose current value depends on the fluctuations in the market, on which the entrepreneur has no influence;
for delivery of newspapers, periodicals or magazines with the exception of subscription contracts.
The revocation right expires prematurely in case of contracts
for delivery of sealed products, which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after the delivery;
for delivery of products if they have been mixed inseparably with other goods after the delivery, owing to their condition;
for delivery of sound or video recording or computer software in a sealed package if the seal has been removed after the delivery.
Specimen - revocation form
(If you wish to revoke the contract, please fill up this form and send it back to us.)
-
To Moluna GmbH, Münsterstr. 105, 48268 Greven, Fax number: 02571/5 69 89 30, Email address: abe@moluna.de :
-
I/we () herewith revoke the contract concluded by me/ us () regarding the purchase of the following products ()/
the provision of the following service () -
Ordered on ()/ received on ()
-
Name of the consumer(s)
-
Address of the consumer(s)
-
Signature of the consumer(s) (only in case of a notification on paper)
-
Date
(*) Cross out the incorrect option.
Standard Business Terms and customer information / data protection declaration
I. Standard business terms
§ 1 Basic provisions
(1) The following terms and conditions of business apply for all contracts concluded with us as the supplier (Moluna GmbH) via the websites AbeBooks and/or ZVAB. Unless otherwise agreed, the inclusion of your own terms and conditions is explicitly rejected.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products .
(2) If an article is placed by us with AbeBooks or ZVAB, the activation of the page on AbeBooks or ZVAB shall involve the binding offer to conclude a contract under the terms and conditions contained in the article page.
(3) The contract shall become effective via the online shopping cart system as follows:
The products intended for purchase are moved to the "shopping cart". You can select the "Shopping Cart" using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.
Before submitting the order, you have the ability once more to review or change any information here (you may also use the "back" button on the Internet browser), or to cancel the purchase.
By clicking the “Buy now” button to submit the order, you declare your legally binding acceptance of the order which makes the contract effective.
(4) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
(3) If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 4 Warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4)
Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transport of the goods to a place other than the place of performance, unless such transport is in accordance with the intended use of the goods.
c) The warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply
- for culpable damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their customary use and have caused its defectiveness;
- in the case of statutory rights of recourse that you may assert against us in connection with rights arising from defects.
§ 5 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
- Identity of the seller
Moluna GmbH
Engberdingdamm 27
48268 Greven
Germany
Telephone: 02571/5698933
E-Mail: abe@moluna.de
- Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
- Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
- Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
- Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
5.3 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
5.4 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
- Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
Unless a different period is specified in the item description or our delivery conditions, the goods are delivered within 3-5 days after the conclusion of the contract (in case an advance payment has been agreed upon, after the payment authorisation).
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
If you are a businessman, the delivery and shipping operations take place at your own risk.
- Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
last update: 01.01.2022
Data protection declaration
Unless stated otherwise below, the provision of your personal data is neither legally nor contractually obligatory, nor required for conclusion of a contract. You are not obliged to provide your data. Not providing it will have no consequences. This only applies as long as the processing procedures below do not state otherwise.
“Personal data” is any information relating to an identified or identifiable natural person.
Responsible person
Contact us at any time. The contact details of the person responsible for data processing can be found in our legal notice.
Collection, processing, and transfer of personal data in orders
When you submit an order we only collect and use your personal data insofar as this is necessary for the fulfilment and handling of your order as well as processing of your queries. The provision of data is necessary for conclusion of a contract. Failure to provide it will prevent the conclusion of any contract. The processing will occur on the basis of Article 6(1) b) GDPR and is required for the fulfilment of a contract with you.
Your data is transferred here for example to the shipping companies and dropshipping providers, payment service providers, service providers for handling the order and IT service providers that you have selected. We will comply strictly with legal requirements in every case. The scope of data transmission is restricted to a minimum.
Duration of storage
After contractual processing has been completed, the data is initially stored for the duration of the warranty period, then in accordance with the retention periods prescribed by law, especially tax and commercial law, and then deleted after the period has elapsed, unless you have agreed to further processing and use.
Rights of the affected person
If the legal requirements are fulfilled, you have the following rights according to art. 15 to 20 GDPR: Right to information, correction, deletion, restriction of processing, data portability. You also have a right of objection against processing based on art. 6 (1) GDPR, and to processing for the purposes of direct marketing, according to art. 21 (1) GDPR.
Right to complain to the regulatory authority
You have the right to complain to the regulatory authority according to art. 77 GDPR if you believe that your data is not being processed legally.
Right to object
If the data processing outlined here is based on our legitimate interests in accordance with Article 6(1)f) GDPR, you have the right for reasons arising from your particular situation to object at any time to the processing of your data with future effect.
If the objection is successful, we will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests or rights and freedoms, or the processing is intended for the assertion, exercise or defence of legal claims.
last update: 10.01.2022