Principles and Practices of Method Validation
Language: English
Published by Royal Society of Chemistry, 2000
- Hardcover
- New

Condition: New
US$ 136.98
Quantity: Over 20 available
Add to basketItem description from seller
With contributions from experts in the field, analysts dealing with method validation will find the examples presented in this book a useful source of technical information.InhaltsverzeichnisThe Potential Use of Quality Control Data .
Seller Inventory # 595098320
- Title
- Principles and Practices of Method Validation
- Author
- Fajgelj, A.
- Publisher
- Royal Society of Chemistry
- Publication year
- 2000
- Condition
- New
- Binding
- Hardcover
- Language
- English
- ISBN 10
- 0854047832
- ISBN 13
- 9780854047833
Principles and Practices of Method Validation is an overview of the most recent approaches used for method validation in cases when a large number of analytes are determined from a single aliquot and where a large number of samples are to be analysed. Much of the content relates to the validation of new methods for pesticide residue analysis in foodstuffs and water but the principles can be applied to other similar fields of analysis. Different chromatographic methods are discussed, including estimation of various effects, eg. matrix-induced effects and the influence of the equipment set-up. The methods used for routine purposes and the validation of analytical data in the research and development environment are documented. The legislation covering the EU-Guidance on residue analytical methods, an extensive review of the existing in-house method validation documentation and guidelines for single-laboratory validation of analytical methods for trace-level concentrations of organic chemicals are also included. With contributions from experts in the field, any practising analyst dealing with method validation will find the examples presented in this book a useful source of technical information.
"Synopsis" may belong to another edition of this title.
Excerpt. © Reprinted by permission. All rights reserved.
Principles and Practices of Method Validation
By A. Fajgelj, Á. AmbrusThe Royal Society of Chemistry
All rights reserved.
Contents
The Potential Use of Quality Control Data to Validate Pesticide Residue Method Performance W. Horwitz, 1,
Optimization and Evaluation of Multi-residue Methods for Priority Pesticides in Drinking and Related Waters P. Van Wiele, F. Van Hoof, A. Bruchet, I. Schmitz, J.L. Guinumant, F. Acobas, A. Ventura, F. Sacher, I. Bobeldijk and M.H. Marecos do Monte, 9,
Validation of Analytical Data in a Research and Development Environment R. Hoogerbugge and P. van Zoonen, 19,
Performance Validation of a Multi-residue Method for 170 Pesticides in Kiwifruit P.T. Holland, A.J. Boyd and C.P. Malcolm, 29,
Testing the Efficiency and Uncertainty of Sample Processing Using 14C-Labelled Chlorpyrifos: Part I. Description of the Methodology B. Maestroni, A. Ghods, M. El-Bidaoui, N. Rathor, O. P. Jarju, T. Ton and Á. Ambrus, 79,
Testing the Efficiency and Uncertainty of Sample Processing Using 14-Labelled Chlorpyrifos: Part II B. Maestroni, A. Ghods, M. El-Bidaoui, N. Rathor, O.P. Jarju, T. Ton and Á. Ambrus, 59,
Testing the Effect of Sample Processing and Storage on the Stability of Residues M. El-Bidaoui, O.P. Jarju, B. Maestroni, Y. Phakaeiw and Á. Ambrus, 75,
AOAC International Collaborative Study on the Determination of Pesticide Residues in Nonfatty Foods by Supercritical Fluid Extraction and Gas Chromatography/Mass Spectrometry S.J. Lehotay, 89,
Validation of Analytical Methods – Proving Your Method is 'Fit for Purpose' J.D. MacNeil, J. Patterson and V. Martz, 100,
Validation of a Multi-residue Method for Analysis of Pesticides in Fruit, Vegetables and Cereals by a GC/MS Iontrap System M.E. Poulsen and K, Granby, 108,
Development and Validation of a Generic Gas Chromatographic Method for the Determination of Organophosphorus Pesticide Residues in Various Sample Extracts H. Botitsi, P. Kormali, S. Kontou, A. Mourkojanni and D. Tsipi, 120,
Validation of Gas Chromatographic Databases for Qualitative Identification of Active Ingredients of Pesticide Residues J. Lantos, L Kadencki, F. Zakar and Á. Ambrus, 128,
Estimation of Significance of 'Matrix-induced' Chromatographic Effects E. Soboleva, N. Rathor, A. Mageto and Á. Ambrus, 138,
Worked Example for Validation of a Multi-residue Method Á. Ambrus, 157,
EU Guidance Documents on Residue Analytical Methods R. Hänel, J. Siebers and K. Howard, 176,
Guidelines for Single-Laboratory Validation of Analytical Methods for Trace-level Concentrations of Organic Chemicals, 179,
A Critique on Available In-House Method Validation Documentation P. Willets and R. Wood, 253,
Subject Index, 297,
CHAPTER 1
The Potential Use of Quality Control Data to Validate Pesticide Residue Method Performance
William Honvitz
CENTER FOR FOOD SAFETY AND APPLIED NUTRITION HFS-500, US FOOD AND DRUG ADMINISTRATION, WASHINGTON DC 20204, USA
Full scale interlaboratory (collaborative) studies are becoming too expensive and time-consuming to support their use as the only way to validate methods of analysis. Furthermore, reliable estimates of method performance parameters, such as accuracy, precision, and limits of applicability, cannot be achieved by individual collaborative studies at the concentration levels of 0.01-1 mg. kg-1 the region of interest for residue analysis, when the expected random error among laboratories is of the order of 20-30% of the mean. Performance data from proficiency studies of tens of thousands of control determinations accumulated over the past decade from individual and multiple laboratories are being examined to determine their potential as a substitute for interlaboratory performance data. An analysis of variance indicates that as much as 80% of the total variability of pesticide residue analysis is "random error." If this is the case, proficiency data may be substituted for method-performance data, when recovery is acceptable, because the individual factors of analyte, method, matrix, laboratory, and time contribute little to overall variability.
1 INTRODUCTION
A full-scale method performance study, utilizing the IUPAC-AOAC harmonized protocol,' requires a minimum of 8 laboratories to analyze at least 5 materials related to the analyte-matrix-concentration combinations of interest by the proposed method. Although such a study is probably the most pertinent and reliable way of demonstrating the performance of a method with a specific test sample, several alternatives are also available. The Youden pair technique (split level design) conducted at several relevant concentration levels is the model favored by the extensive water analysis program of the U.S. Environmental Protection Agency (EPA). In Europe, the "uncertainty" budget approach has been advocated, particularly in conjunction with laboratory accreditation, although this design has been modified during the past few years to become more similar to the method-performance model.
All of these models are expensive and time-consuming. What few calculations that have been conducted independently suggest that they do not provide the same performance parameters with the same method from the same data and information. Proficiency testing, also advocated by the FAO/WHO Codex Alimentarius Program as a way of demonstrating equivalency in laboratory results, has been suggested as still another potential substitute for the method-performance trials. The purpose of this paper is to explore this possibility.
2 AVAILABLE PROFICIENCY STUDIES
Data from several large scale proficiency programs have been made available to us in order to examine their potential use as a substitute for method performance in the determination of pesticide residues in food. As of late 1999, data from three programs have been examined. These include the following:
2.1 Total Diet Program (FDA-TD)
The Total Diet Program of the U.S. Food and Drug Administration (FDA), Kansas City Laboratory, has been in continuous operation for almost 40 years. The recoveries of approximately 7000 control determinations of analytes added to individual foods in the pesticide residue portion of the 4 annual market baskets analyzed during 1991-1997 were available as databases in EXCEL4. This is a within-laboratory program.
2.2 Food Analysis Performance Assessment Schemes (FAPAS)
This is an international fee-based program conducted by the Ministry of Agriculture, Fisheries, and Food of the United Kingdom. Each test material is thoroughly homogenized to a smooth paste and aliquots of stock standard solutions of pesticides of known purity are added with additional mixing. The fortified test material is measured into screw top glass jars, tested for homogeneity, and stored at -20° until shipped. More than 100 laboratories participated in many of the tests. Participants were required to submit their results within 8 weeks for their values to be included in a report that was distributed. The pesticide residue reports (Nos. 1901-1905), uncorrected for recovery, and percent recovery of about 1100 concurrent controls that were submitted, were the data used in the present examination.
2.3 State of California Quality Assurance Program (CA)
The State of California has been monitoring the quality of their Residue Enforcement Program since 1988, utilizing their headquarters and field laboratories and an occasional contract laboratory. The laboratories are supplied centrally with a control spiking solution containing 3-8 pesticides quarterly. The pesticides are selected from those encountered routinely in the state. The laboratories selected a test sample daily to be fortified with the control solution. Both test samples, spiked and unspiked, were conducted through the entire analytical procedure of extraction, isolation, and measurement. The commodity selected for fortification could be new, one that had shown problems, or was the subject of a special application investigation. The results are submitted to the Quality Assurance Unit of the State Laboratory for collation and about 15000 data points are reviewed here.
3 PROCEDURE
The data was usually available as percent recovery for each control sample (fortified analyte/food) from relatively long time periods as in the case of the FDA-TD and the CA programs and from many laboratories in the case of the FAPAS program. These records were calculated to an overall pooled recovery and relative standard deviation for each analyte/food combination and, when available, for substantially different characteristics (laboratory, method, type of food). To keep the examination within reasonable limits, only those combinations with at least 8 values were reviewed. The HORRAT values were also calculated for each group from the following formulae:
Relative standard deviation = RSD = s x 100/[bar.x], (1)
where s is the standard deviation within-laboratory from FDA-TD, and among-laboratories for the FAPAS and CA programs.
Predicted RSD = PRSD = 2 C(-0.1505), (2)
where C is the concentration of the pesticide added, as a decimal fraction (1 mg.kg-1 = 10-6). Equation (2) is the so-called "Horwitz-curve,n6 and
HORRAT = RSD/PRSD. (3)
A HORRAT value of about 0.5-0.7 is expected from within-laboratory studies (FDA-TD) and about 1 from among-laboratories studies (FAPAS and CA ), although values in the interval from about 0.5 to 2 times the expected value may be acceptable.
3.1 Outlier Removal
A concurrent investigation suggests that all values outside of a recovery of 100 [+ or -] 50% be removed as beyond acceptable limits for the concentration levels examined in these studies (about 0.01-1 x 10-6). Such limits usually result in the removal of an acceptably small fraction (i.e., <5%) of results. These limits also happen to approximate the 3-sigma quality control limits that would be calculated from the Horwitz formula (1) for a concentration between 0.5 and 1.0 x 10-6.
4 RESULTS
Considering all of the studies as a group, the overall recovery of pesticide residues in general is about 90%. The among-laboratory precision is about 15%. These values have remained approximately constant since the introduction of multiresidue methods. The FDA-TD program utilizes a within-laboratory model whose variability is expected to be one half to two thirds that of the among-laboratories models used in the other two programs. Each of the programs exhibit some special features discussed below.
4.1 FDA-TD
To keep this database within reasonable bounds, Table 1 summarizes the salient information only from those analytes with approximately 100 or more records and related entries. For this database, outliers, defined as recoveries >150% or <50%, are removed prior to calculating the statistics. In most cases few values had to be removed. If a substantial number of values had to be removed, the method(s) is considered inappropriate for the analyte.
Table 1 gives a summary of the analytical characteristics of the major analytes included in the FDA-TD market baskets over a recent 5-year period where a substantial number of values were available for examination. A more detailed examination of all of the data will be presented separately. In general, for most of the pesticides, the differences in extraction and measurement methods that are made to accommodate high or low fat, moisture, and sugar contents of various foods and the use of different types of columns, conditions and detectors make little difference in the overall recoveries. The extensive details that would be required to list each different method or condition used would require too much space and are not pertinent to the present summary. Those pesticides that deviate substantially in recovery and precision (ETU, herbicides) are known to produce problems in routine analytical work or an inapplicable method may have been used (e.g., pentachlorophenol).
The acceptable HORRAT values in this data set average about 0.5, which is somewhat better than would be expected for multiple-analyst, within-laboratory data. The typical overall analytical variability is so large (ca 10%) at these low levels (20-500 µg.kg-1) that statistical tests of significance are generally meaningless. In most cases there were insufficient numbers of values to provide reliable statistics for individual analyte/food combinations, aside from the general categories of high and low fat and moisture with some analytes.
4.2 FAPAS
This is a fee-based program operated to meet the ISO requirements for accreditation. Although a list of about 20 potential analytes is usually supplied to participants, no more than about 6 pesticides are present in any single test sample. About half of the participants voluntarily supplied control data in addition to the required program data. This resulted in the availability of analyte/commodity data from test material analyzed both as a known and as an unknown. This fortuity permitted applying a correlation coefficient (r) calculation to the two types of data with the unexpected result of an average r ≈ 0, i.e., the analysis of a test sample as a known does not correlate with its measurement as an unknown. Another interesting finding was that the analyte thiabendazole analyzed by HPLC by 15 laboratories showed definite evidence of censoring the data when analyzed as a known (matrix recovery) compared to the similar analyses analyzed as an unknown (spike recovery), as shown in Figure 1. The values exhibit a much tighter cluster when reported as a known, as compared to the wider cluster when reported as an unknown. Although rare, such reports occasionally do appear in the literature. Until the questions raised by these findings are resolved, control values reported on known additions must be viewed with skepticism.
4.3 CA Program
Almost 15000 values from about 65 analytes in numerous foods, analyzed by typically 5 laboratories, are available from this pioneer quality control program that has been operating for over a decade. A preliminary analysis of the available data is given in Table 1. The original data was first checked for the effect of outlier removal, using limits of 100 [+ or -] 40% (maximum removal), 100 [+ or -] 50%, and 100 [+ or -] 60% (minimum removal). Although, on an overall basis, outlier removal has a negligible impact on the statistical parameters calculated from 15000 records, they may affect calculations of the analyte/food/laboratory combinations.
Some preliminary conclusions are: (1) Most of the outliers (values outside 100 [+ or -] 50%) are from the smaller analyte/matrix combinations (<8 values). (2) Limits of 100 [+ or -] 50% strike a reasonable balance between excessive and restrained outlier removal. (3) A small percent of values are reported as "0." On review, these may be found to reflect clerical errors (failure to record a value, recording an incorrect value, or not adhering to a scheduled protocol) rather than an analytical failure. The implication of their presence is considerably greater if the data is used to support method performance rather than routine laboratory quality control.
Table 2 provides the initial analysis of variance of all the data from the CA program, with values outside of 100 [+ or -] 40%, 100 [+ or -] 50%, and 100 [+ or -] 60% recovery removed as "outliers." With no values removed, 82% of the variance is "random." Only 18% of the variance is attributable to specific factors, primarily analyte and method. Food and laboratory make a negligible contribution. If "outliers" are removed, about 75% of the variance is "random," but which outlier-removal procedure is used is immaterial. Only 25% of the variance is attributable to specific factors, with food and laboratory again making a negligible contribution.
5 DISCUSSION
The analysis of variance shows that the major factor in the variability of pesticide analysis is "random error" and therefore is irreducible under the conditions of these studies. This conclusion is reinforced by the constancy of the precision and recovery of pesticide residue analysis over the last quarter century. The improvements that have been made in the direction of better columns and instrumentation require relaxing control of operating conditions to permit optimizing resolution, sensitivity, and peak sharpness and shape, and minimizing baseline interference. Such general directions provided under the title "system suitability tests" at best can only maintain current among-laboratory precision as characterized by equation (2). System suitability requirements have attained a high degree of refinement in the pharmaceutical analysis and are recognized in the official compendia.
The necessity for the use of broad control limits (i.e, [+ or -] 50%) for individual analyses or for numerous replicates to reduce variability, decreases the value of quality control specifications to monitor analyst or method performance. The tendency of analysts to censor their values, as illustrated in Figure 1 by the tighter clusters of results when controls are analyzed as knowns (right side) as compared with results from similar analyses when conducted as unknowns (left side), must be overcome. The use of automation, at least in the chromatographic, measurement, and calculation steps, may surmount the natural tendency of analysts to provide expected rather than actual values.
Imposition of general specifications is likely to be self-defeating because they would have to be sufficiently broad to overcome the local systematic errors of individual laboratories. But, necessarily, imposition of local specifications would not apply to other laboratories.
(Continues...)
Excerpted from Principles and Practices of Method Validation by A. Fajgelj, Á. Ambrus. Copyright © 2000 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$ 54.87 | US$ 54.87 |
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