EN
DE
PANDA GmbH
Zeughausmarkt 33
20459 Hamburg
Germany
CEO: Ingo Kaiser
Email: info@panda.technology
Phone: ++49 - (0) 40 524 760 25
VAT-ID: DE 319435258
Registered at the commercial register at the local court Hamburg under HRB 152817.
© Copyright 2022, PANDA GmbH
The content, works and information provided on this website are subject to German and ancillary copyright law. Any type of duplication, processing, distribution, storage and any type of exploitation outside the limits of copyright law requires the prior written consent of the respective rights holder. The unauthorized copying, saving or distribution of the information provided on this website is not permitted and might be punishable.
PANDA reserves the right not to be responsible for the topicality, correctness, completeness, or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information or recommendation which is incomplete or incorrect, will, therefore, be rejected. All offers are not-binding and without obligation. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by PANDA without separate announcement.
PANDA is not responsible for any contents linked or referred to from its pages – unless PANDA has full knowledge of illegal contents and would be able to prevent the visitors of its site from viewing those pages. If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages.
This disclaimer is to be regarded as part of the internet publication which you were referred from. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.
This privacy policy informs the user of this website of the type, extent and purpose of the gathering and usage of personal data through the website operator PANDA GmbH.
The website operator places great value on your data privacy and treats your personal data confidentially in accordance with the legal regulations.
Based on our own entitled interest (see art. 6 par. 1 liter. f. DSGVO), we, the website owners resp. website providers, collect data concerning access to this website.The following data is recorded like this:
The server log files are stored for a maximum of 7 days and then deleted. The data is stored for security reasons, in particular to prevent cases of abuse. If data must be collected for legal reasons, they are exempt from deletion until the incident in question has been clarified.
Apart from user information derived from this website we may also store information based on user interaction with further channels of communication owned by PANDA, such as social media intercation. PANDA operates a WhatsApp channel to inform interested parties about specific issues related to artificial intelligence (AI). PANDA stores such information on suitable data storage devices. PANDA does not distribute any such communication to 3rd parties, but strictly keeps it under disclose, unless expressly agreed upon otherwise and permitted by the respected party.
If we transfer your personal data, we ensure that the recipient processes them in accordance with this Privacy Policy, and enter into order processing agreements with the recipient. These agreements oblige the contractual partners to take all appropriate contractual, legal, technical and organizational measures to ensure that your data is processed with an adequate level of protection and in accordance with applicable law.
You may review the order processing agreement with WhatsApp here: WhatsApp Data Processing Terms. By contacting us through this communication channel, you consent to the processing by WhatsApp.
Online Dispute Resolution: To resolve a dispute, you may use the online dispute resolution platform.
This website uses cookies for pseudonymized reach measurements, which are either transmitted from our server or that of third parties to the server of the user. Cookies are small files, which are stored on your terminal. Your browser accesses these files. Due to the use of cookies the usability and security of this website increases.
Current browsers offer the setup option not to accept cookies. Notice: It is not guaranteed that you can access to all functions of the website without restrictions, if you carry out this adjustment.
The website operator will only collect, use and transmitt your personal data, if this is permitted by law or if you consent with the data acquisition.
Classified as personal data is all information, which serves to define resp. identify you as a person and can be traced back to you – therefore e.g. your name, your e-mail address and phone number.
You can also visit this website without providing information about yourself. For improvement of our online offer, though, we store your access data (with no personal connection) on this website. As a result of anonymization no conclusions may be drawn to you as an individual.
1. What? - We process personal data such as prename, surname, IP address, e-mail address, residence, postal area code and abstracts of the contact form.
2. How? - We process personal data only according with explicit consent of the concerned user and in adherence to the applying data protection regulations.
3. Why? – The processing of personal data happens due to our entitled interest to fulfill our contractually agreed services and for the optimization of our online offer.
When you establish communication via the offered options, your informations are stored, in order to use them for processing and replying to your request. This data is not transmitted to third parties without your consent.
When you contribute a comment or post on this website, your IP address is being stored. This happens due to our entitled interest according to art. 6 1 liter. f. DSGVO and serves the safety of us as website provider: In case your comment violates applicable law, we could otherwise be prosecuted. We, therefore, have interested in the identity of the comment's or post's author.
The information deposited by the customer during the ordering process in the website provider's shop is stored permantly. This is happening due to legal reasons and also serving support request as well as the informing of the customer of available updates of security breaches.
You have the possibilty to subscripe to the whole website as well as to comments succeeding your post. You receive an emal to confirm your email address. There is no other data collected alongside. The stored data is not transmitted to third parties. You can cancel your subscription at any time.
This website uses, based on our entitled interest of optimizing and analyzing our online offer, according to art. 6 Abs. 1 liter. f. DSGVO the service „Google Analytics“, which is offered by Google Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, USA). The service (Google Analytics) uses ''cookies''– text files, which are stored on your terminal. The information collected by the cookies is, as a rule, transmitted to a Google server in the USA and stored there.
Google LLC complies the european data protection law and is certified under the privacy-shield agreemant: https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active{' '}
IP anonymization obtains on this website. The user's IP address is shortened within the member states of the EU and the European Economic Area and in other contracting states of the agreement. In special cases only, is the IP address transmitted unexpurgatedly to a Google server primally and shortened there. Via shortening personal references are dropped. The IP address transmitted by the browser is not combined with other data stored by Google.
As part of the arrangement to the commissioned data processing agreement, which we, the website operator, made with Google Inc., these evaluate by means of the collected data the website usage and activity and perform services linked to the use of the internet.
The data collected by Google on behalf of us, is used to evaluate the usage of our online offer by the individual users, e.g. to produce reports about the activity in order to optimize our online offer.
You have the possiblity to avert the storage of cookies on your device, by setting the corresponding adjustments on your browser. It is not guaranteed, that you can access all functions of the website without restrictions, if your browser does not accept cookies.
Via a browser-plugin, you can furthermore prevent information collected by cookies (including your IP address) to be transmitted to and used by Google Inc. The following link leads you to the corresponding plugin: https://tools.google.com/dlpage/gaoptout?hl=de
Alternatively you prevent by clicking this link
Google Analytics from collecting data on this website concering you as an individual. By clicking the link above, you upload an ''opt-out cookie''. Your browser has to accept cookies, therefore. In case you are deleting your cookies regularly, it may be necessary to-click the link with each visit on this website.
You can find more information concering the data usage via Google Inc. here:
- https://policies.google.com/privacy/partners?hl=de (Data collected by Google partners)
- https://adssettings.google.de/authenticated (Settings about advertising that is displayed to you)
- https://policies.google.com/technologies/ads?hl=de (Use of the of cookies in ads)
The website operator might offer you a newsletter, in which he informs you about the latest events and offers. In order to subscribe to this newsletter you need to indicate a valid email address. By subscribing to the newsletter, you agree to the receipt of the newsletter and the elucidated procedure.
Revocation and withdrawal: You can revoce your agreement to the receipt of the newsletter at any time and therefore withdraw your subscription. After your withdrawal your personal data is deleted. Your agreement to the newsletter transmission expires simultaneously. The link for withdrawal can be found at the end of each newsletter.
As user you have the right to obtain information, which of your personal data is stored. You have, furthermore, the right to rectification of false data and processing limitations or deletion of your personal data. If applicable, you can exercise your right to data portability. If you assume your data is being processed unlawfully, you can file a complaint at the proper regulatory authority.
Inasmuch as your wish is not colliding with statutory duties of data retention (e.g. data preservation), you have the right to deletion of your data. Data stored by us is, if no longer relevant for its intended purpose or legal retention period, deleted. If a deletion can not take place, because the data is required for legal purposes, a restriction of data processing is ensued. In this case, your data is blocked and not being used for other purposes.
Users of this website can exercise their right of revocation and dissent the processing of their personal data at any time.
If you wish for rectification, blocking, deletion or disclosure of your stored personal data or have questions concerning the collecting, processing and usage of data regarding you as an individual, pleas contact the following email address: privacy@panda.technology
All contracts concluded by us with consumers or entrepreneurs (hereinafter referred to as "Customer") shall be based exclusively on these Terms and Conditions.
Deviations require our express written consent. If the Customer's own terms and conditions are used, these shall not apply insofar as they contradict our own General Terms and Conditions. In the event of contradictory clauses, the statutory agreements or agreements made in individual cases shall apply.
Consumer, in the sense of these GTC, is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. Entrepreneur, in the sense of these GTC, is any natural or legal person who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
(1) All deliveries and services of PANDA GmbH shall be provided in each case in accordance with the applicable statutory provisions, unless otherwise stipulated in these GTC.
(2) PANDA GmbH shall be entitled to use third parties for the performance of deliveries and services.
(3) The acceptance of an order to PANDA GmbH shall be binding in as far as the offer refers to contractually owed services. Deviations from the agreed scope of deliveries or services shall require written specification. 4.
(4) PANDA GmbH shall be entitled to partial orders and/or partial performance at any time, insofar as this is reasonable for the contracting party.
(5) information provided by PANDA GmbH on the subject matter of the delivery or service (e.g. weights, dimensions, utility values, load-bearing capacity, tolerances and technical data) as well as our representations of the same (e.g. sketches and illustrations) shall only be approximate, unless usability for the contractually intended purpose requires exact conformity. They are not guaranteed characteristics, but descriptions and markings of the delivery or service. Deviations customary in the trade and those which are made on the basis of legal regulations or which represent technical improvements shall be permissible, as shall the replacement of components by equivalent parts, insofar as they do not impair the usability for the contractually intended purpose.
(6) PANDA GmbH reserves the right to make changes to the design, the choice of materials, the specification and the type of construction even after the order confirmation has been sent, provided that these changes do not impair the use of the subject matter of the contract.
(1) The prices shall apply to the scope of delivery and/or service specified in the order confirmation. Additional or special services will be charged separately. Prices are quoted in EURO ex works plus packaging, statutory value added tax and, in the case of export deliveries, customs duties as well as fees and other public charges. Travel expenses will be charged additionally unless they are expressly included in the price. In the case of deliveries and services outside the EU, additional costs may be incurred in individual cases, which shall not be borne by PANDA GmbH, but by the customer.
(2) If the customer is an entrepreneur within the meaning of § 14 of the German Civil Code (BGB), PANDA GmbH may demand payment on account within the framework of the performance of an order if the order value exceeds EUR 20,000. The payment on account shall amount to the value of the services rendered by PANDA GmbH and the services owed under the contract. PANDA GmbH shall provide information on the services rendered by list.
(3) PANDA GmbH shall be entitled to reasonably increase prices as a result of proven cost increases in the area of production, development and labor costs if the subjects of the contract are to be delivered or performed later than months after the conclusion of the contract.
(4) payments shall be made without any deductions to the account of PANDA GmbH indicated, stating the invoice number and reference, within 14 calendar days after receipt of the invoice. Discounts shall not be granted unless they have been expressly agreed in writing.
(5) In the event of default in payment, PANDA GmbH shall be entitled to charge interest on arrears at a rate of 5 percentage points above the current prime rate of the European Central Bank for consumers and 8 percentage points for entrepreneurs. The contracting parties reserve the right to provide objective evidence of lower or higher interest damages.
(6) offsetting with counterclaims of the customer or the retention of payments due to such claims shall only be permissible if the counterclaims are undisputed or have been legally established.
(7) PANDA GmbH shall be entitled to perform or render outstanding deliveries or services only against advance payment or acknowledgement if, after the conclusion of a contract, circumstances become known which are likely to reduce the customer's solvency and jeopardize the payment of outstanding claims of PANDA GmbH against the customer arising from the respective contractual relationship.
(1) Consulting services shall be provided on the terms agreed in the respective offer of PANDA GmbH (e.g. scope of services, price, invoice, due date, etc.).
(2) If the customer is an entrepreneur in the sense of § 14 BGB (German Civil Code), PANDA GmbH reserves the right to adjust the agreed price for consulting services that last longer than one year, i.e. to reduce or increase the price accordingly.
(3) If agreed consulting appointments are not cancelled at least 5 working days before the appointment for reasons for which PANDA GmbH is not responsible, PANDA GmbH reserves the right to charge 50% of the amount of the agreed consulting fee, without prejudice to other claims.
(4) the consulting services of PANDA GmbH shall be provided to the best of its knowledge and belief based on its experience, development and research work. All data and information on the usability and possible applications of the goods are non-binding and do not release the customer from his own tests and trials. In the event of any ambiguity, the customer shall consult PANDA GmbH without delay.
(1) The customer shall ensure that PANDA GmbH is provided in a timely manner and free of charge with the documents and data required for the execution of the project, and that PANDA GmbH is notified of all information and all processes and conditions related to the project. This shall also apply to documents, processes and circumstances which become known during the activities of PANDA GmbH. At the request of the customer, PANDA GmbH shall designate a contact person for the receipt of the documents, data and information referred to in item 1.
(2) The customer shall also ensure that an appropriate infrastructure required for the implementation of the project is provided. This includes in particular facilities, installations (hardware, software, networks, etc.), insofar as this is necessary for the proper execution of the services.
(1) The composition of the goods shall exclusively correspond to the composition shown in the product description, specification and labeling of PANDA GmbH with the proviso that deviations from the product specifications shall be permissible insofar as they are insignificant or unavoidable despite all due care. Details of quality as well as other details do not constitute guarantees by PANDA GmbH, unless otherwise agreed in individual cases.
(1) Deliveries shall be made ex works.
(2) If the customer is an entrepreneur in the sense of § 14 BGB (German Civil Code), deadlines and dates shall be observed:
Deadlines and dates set by PANDA GmbH for deliveries and services shall apply only approximately, unless fixed deadlines or dates have been agreed. If delivery has been agreed, delivery periods and delivery dates shall refer to the time of handover to the forwarder, carrier or other third party entrusted with the transport.
The risk shall pass at the latest when the delivery item is handed over to the forwarding agent, carrier or other third party commissioned to carry out the shipment.
Complaints regarding transport damage must be made immediately to the transport company. The conclusion of freight or other insurances is the responsibility of the customer.
(3) If the customer is a consumer in the sense of § 13 BGB, the following applies:
If there is no period or deadline fixed in writing, deliveries and services of PANDA GmbH shall be made within a period of 30 working days.
Otherwise, the customer's claims shall be governed by the provisions of §§ 474 et seq. BGB.
If the customer is an entrepreneur according to § 14 BGB, the following shall apply with regard to the acceptance of the delivery of movable objects to be manufactured or produced (hereinafter: work):
The Customer shall be obliged to accept work performance in accordance with § 640 para. 1 BGB (German Civil Code). Work produced under the contract must be accepted, if acceptance is not excluded due to the nature of the work. The customer may not refuse acceptance due to insignificant defects. A defect is insignificant if it is reasonable for the customer to accept the performance as contractual fulfillment on the merits. The right of the customer according to § 634 BGB remains unaffected.
A work shall also be deemed to have been accepted if PANDA GmbH has set the customer a reasonable deadline for acceptance after completion of the work and the customer has not refused acceptance within this deadline, stating at least one defect.
The commissioning or use of the work or parts thereof shall be deemed to be acceptance.
If the customer is a consumer in the sense of § 13 BGB, his claims are based on §§ 474 ff BGB. The claim for damages is excluded, unless it is based on injury to life, body or health or is subject to intent or gross negligence. The same shall apply if a guarantee of quality has been assumed or a defect has been fraudulently concealed.
If the customer is a consumer within the meaning of § 13 BGB, he is generally entitled to a right of withdrawal. Further information on this right of revocation can be found in the revocation instructions of PANDA GmbH. The right of revocation shall not apply to the purchase of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the customer. Furthermore, the right of withdrawal shall not apply to customers who do not belong to an EU member state at the time of conclusion of the contract and whose sole place of residence and delivery address is outside the European Union.
If the customer is an entrepreneur within the meaning of § 14 BGB (German Civil Code), we shall provide a warranty for any defects in accordance with the following provisions:
i) The customer shall inspect the goods for obvious defects immediately after the transfer of risk with the thoroughness required under the given circumstances. PANDA GmbH shall be notified in writing of any defects apparent in this respect without delay, at the latest 14 days after receipt. After expiry of this period, all claims based on such defects shall become statute-barred (limitation period). Otherwise, the warranty period shall be one year.
ii) PANDA GmbH shall be entitled to subsequent performance at its discretion, either by taking back the defective goods and replacing them with faultless goods or by rectifying the defect.
iii) Unless the nature of the item, the defect or the other circumstances indicate otherwise, subsequent improvement shall be deemed to have failed after the second unsuccessful attempt. In this case, the customer may demand a reduction in price or withdraw from the contract.
iv) Further claims are excluded, unless they are in connection with injury to life, body, health or in the case of intent or gross negligence on the part of PANDA GmbH. The same shall apply if a defect was assumed by PANDA GmbH with regard to a guarantee of quality or in the case of fraudulent concealment.
v) If the customer does not release the defective goods to PANDA GmbH or to third parties commissioned by PANDA GmbH after being requested to do so, PANDA GmbH shall be entitled to refuse subsequent performance and shall furthermore be entitled to compensation for the expenses and other financial losses incurred by PANDA GmbH as a result of the non-release.
PANDA GmbH shall be liable, except in cases of injury to life, body or health, only for intent or gross negligence. The same shall apply to our vicarious agents.
(1) If the customer is a consumer in the sense of § 13 BGB, all delivered goods remain the property of PANDA GmbH until full payment of the purchase price claim.
(2) If the customer is an entrepreneur in the sense of § 14 BGB, the following shall apply:
All delivered goods shall remain the property of PANDA GmbH until all claims have been fulfilled, irrespective of their legal basis, including claims arising in the future and conditional claims, as well as contracts concluded at a later date. During the existence of the reservation of title, the customer shall be prohibited from pledging or assigning the goods as security and shall be permitted to resell the goods only on condition that the customer receives payment from its customers or reserves title until the customer has fulfilled its payment obligation.
If the customer sells the delivery item, he hereby assigns to PANDA GmbH by way of security all future claims against his customers arising from the sale, together with all ancillary rights - including any balance claims.
If the delivery item is resold together with other items, the customer shall assign to PANDA GmbH, with priority over the remaining claim, that part of the first rank which corresponds in amount to the price of the delivery item of PANDA GmbH.
If the item delivered by PANDA GmbH is processed, transformed or mixed with other items not belonging to PANDA GmbH, PANDA GmbH shall acquire co-ownership of the new item in the ratio of the value of the item delivered to the newly created item.
(1) PANDA GmbH shall remain the owner of existing copyrights, inventions and other intellectual property rights (prior property rights).
(2) inventions made during the execution of orders by employees of PANDA GmbH and third parties commissioned by PANDA GmbH shall belong to PANDA GmbH. In addition, PANDA GmbH shall only grant exploitation rights to patentable work results which arise within the scope of projects if a separate contractual and written agreement has been made.
(3) Inventions made jointly by employees of PANDA GmbH and the customer in the course of the execution of the order, as well as industrial property rights granted in this respect, shall be mutually entitled to both contracting parties.
(4) Markings referring to the author may not be removed, destroyed or used in any other way.
(1) The contracting parties undertake not to disclose confidential information to third parties without the prior written consent of the respective transmitting party and to use such information only for the agreed purpose. Furthermore, the confidential information may not be used for the receiving party's own purposes. All necessary precautions shall be taken by the parties concerned to prevent unauthorized persons from gaining access to Confidential Information.
(2) Confidential information" within the meaning of these GTC shall be all information, in particular in written, technical, pictorial or oral form, which is designated as confidential by the disclosing party or which is obviously of a confidential nature due to its nature or circumstances or the manner of its disclosure, in particular documents, drafts, refined data material, graphic representations, technical know-how, letters, electronically transmitted documents, e-mails etc., which the receiving party has received directly or indirectly from the disclosing party.
(3) Information shall not be classified as confidential if it was obviously:
- was known to the contracting party prior to receipt,
- was generally known to the public,
- was made available to the public after receipt without the contracting party being responsible for this, or
- was lawfully made available to the contracting party by third parties.
(4) In case of breach of the obligations under this agreement, the breaching party shall bear the burden of proving the existence of such facts.
(5) The obligations of this clause shall apply to both contracting parties without restriction even after termination of the order.
(6) The client acknowledges the necessity of the presentation of current and previous projects of PANDA GmbH in the context of scientific lectures and publications by PANDA GmbH or third parties commissioned by it. Insofar as the client's consent is required, this shall be obtained from the client at least 1 month prior to any publication by PANDA.
(7) Drafts, constructions or other templates of PANDA GmbH or its subcontractors shall remain the property of PANDA GmbH, unless otherwise agreed in writing. They may not be used for purposes other than those agreed upon and shall be returned to PANDA GmbH immediately upon fulfillment of the contract or completion of the project.
All events and circumstances, the occurrence of which is beyond the control of PANDA GmbH, such as natural events, war, labor disputes, operational disruptions due to explosion or fire damage, sovereign orders, shall release PANDA GmbH from the fulfillment of its contractual obligations for the duration of the disruption and to the extent of its effect. If such events last longer than three months, PANDA GmbH shall be entitled to withdraw from the contract.
If the customer is an entrepreneur, the Regional Court of Hamburg shall have jurisdiction over all disputes arising from the special legal relationship established with the customer - including actions on bills of exchange and checks. If the customer is an entrepreneur, the place of execution of our deliveries and services shall always be our, PANDA GmbH's, location of business in Hamburg.
The company responsible for data processing is PANDA GmbH, Zeughausmarkt 33, 20459 Hamburg, Germany.
PANDA GmbH processes personal data for order processing as well as for its own marketing purposes to the extent permitted by law. Third-party interests are not pursued with data processing, and there is no provision for data transfer to countries outside the EU. Recipients of the data are our IT and service companies as well as dispatchers for the purpose of contract processing as well as the provision of information (e.g. creditworthiness information) for the purpose of creditworthiness checks for customers who are not obliged to pay in advance (e.g. purchase on account, direct debit). The lawfulness of data processing results from Art. 6 para. 1 VO (EU) 2016/679 (DS-GVO). There is no obligation to provide data on behalf of the customer, but it is necessary for the fulfillment of contractual obligations. Detailed information on data processing, in particular on the rights as a data subject, is provided in our privacy policy as described above under the heading "Privacy Policy".
All legal relationships with us shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
Valid from: December 2018
