General Conditions for the Use of Dürkopp Adler´s Web Presence
1.1 Any access to and use of the Web Presence offered by Dürkopp Adler Aktiengesellschaft (hereafter “ DA”), as e.g. the pages www.duerkopp-adler.com or www.sew24.com or www.sew24.blogspot.com (hereafter “ DA-Pages”) as well as the information, documentation or downloads provided on the DA-Pages shall be governed exclusively by the following stipulations of use, insofar as DA has not issued prior-ranking conditions. Deviating or opposing stipulations of the user shall only apply if acknowledged by DA in writing. Silence or unreserved performance of supplies and services or acceptance of payment by DA shall not be construed as acknowledgement.
1.2 By accessing or commencing the use of the Web Presence of DA the user agrees to and accepts the validity of these General Conditions for the Use of Dürkopp Adler´s Web Presence in their respective current version.
1.3 For supplies and services by Shop Sew24.com the General terms of Sale and Delivery of Shop Sew24.com in their most current version take precedence. The General Conditions for the Use of Dürkopp Adler´s Web Presence in their most current version shall be applicable in addition.
1.4 By downloading, configuring, installing, copying, using, or otherwise utilizing Dürkopp Adler Software the user concludes with DA the Software Licence Agreement of Dürkopp Adler Aktiengesellschaft in its current version. In addition, theGeneral Conditions for the Use of Dürkopp Adler´s Web Presence in their most current version shall be applicable.
2. Contents of the DA-Website
DA offers on the DA-Pages comprehensive information and services for calling up or downloading. All offers are subject to change, non-binding and without any warranties as to usability, completeness, timeliness or correctness. DA expressly reserves the right to stop the offer in whole or in part or to change, amend or delete the content of the DA-Pages temporarily or finally at any time without prior notice.
3. Industrial and Intellectual Property Rights
3.1 All information, documentation, software, trademarks, names, and all other content provided on the DA-Pages is subject to protection of German Copyright Act, industrial property rights and other protective laws and shall not be changed, copied, reproduced, sold, rented, used, supplemented or used in any other way without the prior written permission of DA. The User shall strictly comply with the law and shall especially not delete ownership information, trademarks and copyright marks or change them without prior written approval of DA.
3.2 For all objects used in publications DA aims at observing the copyright of these objects, to use own objects or to recourse to public domain objects. All trademarks and brands mentioned on the DA-Pages and possibly protected by third parties are subject to applicable copyright law and the property rights of the respective owners.
4. Rights of Use
4.1 DA grants the user a revocable, non-exclusive, non-transferable, personal right to use the information and documentation explicitly provided on the DA-Pages as “Download” by way of a Download-button or via the download shop, limited to the extent to which it is agreed or, in case there is no agreement on this point, in accordance with the availability and transfer from DA for the intended purpose. The allowed right of use does explicitly not comprise – even in extracts - the right to use the company name, company logos, brands, drawings, pictures, photographs or legal positions protected by industrial or intellectual property rights such as e.g. patents, utility models, design patents, trademarks or other intellectual property of DA or third parties.
4.2 Notwithstanding the limited right of use granted under section 4.1 of these General Conditions for the Use of Dürkopp Adler´s Web Presence DA reserves all rights in its own objects. A duplication – also in extracts-, a reproduction, alteration, adaption, translation to other languages, rendering (also in electronic media or databases), copying, distribution, publication, modification, decompilation, disassembling, storage, conversion, further development, sub-licensing, forwarding or transfer of the objects to third parties in full or in part is as well as any form of commercial use prohibited without explicit written approval of DA.
4.3 Except for the right of use granted in § 4.1 of these General Conditions for the Use of Dürkopp Adler´s Web Presence, the user shall be granted no further rights of any type whatsoever by way of the DA-Pages, in particular the user shall not be granted any rights with respect to the company name, logos, brands, drawings, pictures, photograph’s or legal positions protected by industrial or intellectual property rights such as e.g. patents, utility models, design patents, trademarks or other intellectual property of DA or third parties, nor shall DA be subject to any corresponding duty to grant such rights.
5. References and Links
5.1 Insofar as the DA-Pages contains references and links to the websites of third parties DA has no influence on the design and content of these websites and thus shall not be responsible for the websites and the contents therein contained. DA does not make the websites or contents of such websites its own, but expressly dissociate from the contents of all linked websites. The provider of the linked website bears the sole responsibility for illegal, erroneous or incomplete content and, in particular, for damages which result from the use or non-use of provided information of this type.
5.2 The placing of hyperlinks from other, external websites to the DA-Pages requires prior written permission of DA. Permission is principally granted only for links referring to the homepage www.duerkopp-adler.com. The linking within frames and the linking to lower sites (deep linking) is prohibited.
6. Liability and Limitation of Liability
6.1 Insofar as information, documentation, software and downloading is made available by DA free of charge, the liability for defects as to title or defects as to the quality of the offered DA-Pages and the information, documentation, software and downloads, in particular for the timeliness, correctness, completeness, virus-freeness, non-existence of property rights or copyright of third parties, usability and/or quality is - except in cases of wilful acts or malice - hereby excluded.
6.2 The liability of DA for any defects as to quality and defects as to title shall be determined by the provisions of § 6.1 these General Conditions for the Use of Dürkopp Adler´s Web Presence. Other than this DA is only liable in one of the following events and in each case the liability of DA is limited to the foreseeable damages that are typically accrued in transactions of this kind: willfull breach of duties, grossly negligent breach of duties by statutory representatives of DA or persons employed by DA in the performance of obligations of DA (Erfüllungsgehilfen), willful or negligent injuries to life, body or health, fraudulent withholding of information about defects or guaranties for the properties of delivered goods, willful or negligent breach of significant contractual duties - however, in cases of (i) simple negligence or (ii) gross negligence by individuals other than executives (leitende Angestellte), limited to the damages reasonably foreseeable for the relevant type of contract and to the extent DA is liable pursuant to the Product Liability Act (Produkthaftungsgesetz) for personal injury or property damage to privately used objects.
6.3 Guarantees or procurement risks require, in order to be validly assumed by DA, (i) a specific assumption of risk expressly designated as such and (ii) written form. The user agrees with DA that information and statements on the DA-Pages in no event and at no time constitute a guaranty or the assumption of the procurement risk of DA.
6.4 DA cannot warrant that the DA-Pages are virus-free. Before downloading of information, software or documentation the user shall for its own protection as well as to prevent viruses coming onto the DA-Pages use suitable security measures and in particular up-to-date virus scanners.
6.5 This regulation does not involve a change of statutory regulations concerning the burden of proof.
6.6 Regardless of the legal nature of the asserted, claim, any liability of DA beyond § 6 of these General Conditions for the Use of Dürkopp Adler´s Web Presence is also excluded for compensation claims for culpa in contrahendo, for other breaches of obligations or for claims in tort.
7. Termination of Use of DA-Website
DA may, at any time, without giving reasons and without prior notification block the access of a user to the DA-Pages. This shall apply in particular, but not only, if the user breaches his duties under these General Conditions for the Use of Dürkopp Adler´s Web Presence or violates applicable law.
8. Password Protected Areas
8.1 Some areas of the DA-Pages as in particular the partner login area or the download shop are reserved to registered users. Access to these pages is possible only after prior free of charge registration. There exists no right to registration by DA.
8.2 The user shall provide true and complete data at registration and shall advise DA immediately of subsequent changes of data. The user shall ensure that he receives Emails sent to him under the Email address he provided to DA.
8.3 After registration the user shall receive a user name and a password via Email. The user shall exchange the password on first log-in into a password which is only known to him.
8.4 Access to the password protected area shall be blocked after inserting the incorrect passwort three times.
8.5 The user shall ensure that third parties are not achieving knowledge of his user name and password. The user shall be liable for all activities taken under his user name and password. If the user becomes aware of the loss of his user name or password or both or the suspicion arises that third parties have gained knowledge and/or abuse the user name and password, the user is obliged to immediately notify DA (department K-IT) in order to arrange for the blocking of his access.
8.6 The lifting of a blocking of access to the passwort protected area is possible only after application by the user to DA.
8.7 DA may at any time revoke the access right to the password protected area without prior notification and without giving any reasons. This shall apply in particular, but not limited to, if the user
- has provided false data for registration,
- has breached the General Conditions for the Use of Dürkopp Adler´s Web Presence or
his duty of care in relation to the treatment of user name and password,
- has breached applicable law in accessing or using the DA-Pages,
- misuses the information made available on the DA-Pages or affects their functionality,
- has not used the DA-Pages for 12 months, or
- has become insolvent.
8.8 The user may demand the deletion of his registration at any time in writing, insofar as the deletion is not prevented by the processing of current contractual matters. In such case DA shall delete all user data and all other personal data of the user as soon as they are no longer required.
9.1 No amendment or modification to, or waiver of any provision of these General Conditions for the Use of Dürkopp Adler´s Web Presence shall in any event be effective unless the same is made in writing. This also applies to the cancellation, amendment, or waiver of this clause requiring written form.
9.2 These General Conditions for the Use of Dürkopp Adler´s Web Presenceare governed by the laws of the Federal Republic of Germany, under exclusion of the conflict of law rules. The applicability of the UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
9.3 Place of jurisdiction is, insofar as the user is a merchant in terms of the Commercial Code (HGB), Bielefeld, Germany.
9.4 Complete or partial failure to assert a right or late assertion of a right shall not be construed as a waiver of this right or any other right.
9.5 Should any provision of these General Conditions for the Use of Dürkopp Adler´s Web Presence be or become invalid, this shall not affect the validity of the remaining provisions.
9.6 DA draws attention to the fact that personal data are stored in compliance with the statutory provisions and are processed in connection with business transactions. The privacy statement of DA can be accessed at www.duerkopp-adler.com.