Terms and Conditions of Use
between the
End User („User“)
and
Stulz GmbH
Holsteiner Chaussee 283, 22457 Hamburg, Germany
(„Stulz“)
§ 1 Subject of the Terms and Conditions of Use
(1) The subject of these Terms and Conditions of Use (“Conditions“) shall be the gratuitous use of the online portal e-STULZ.
(2) These Conditions shall apply exclusively between entrepreneurs.
§ 2 Setting up a User Account
(1) Prerequisites for using e-STULZ are setting up a user account and accepting these Conditions (registration). The treatment of personal data collected in this context shall comply with the data protection provisions for e-STULZ, which can be viewed at any time on: https://e.stulz.com/en/footer/data-protection-policy/.
(2) After registration, Stulz activates the User for e-STULZ; a right to claim activation shall not exist.
(3) The User has to confirm its user account at least every ninety (90) days in order to avoid a deactivation. Stulz will send the link to be used to the e-mail-address stated by the User during the registration.
§ 3 Grant of Rights
(1) The User shall receive the non-exclusive right to obtain access to e-STULZ by means of telecommunications and to use, by means of browser, the functionalities available to e-STULZ in accordance with these Conditions. No further rights shall be granted to the User.
(2) Beyond the use allowed within the parameters of these Conditions, the User shall not have the right to use e-STULZ, to allow e-STULZ to be used by third parties or to make e-STULZ accessible to third parties.
(3) If the User violates any of these Conditions, the right of use granted to the User shall be terminated – without any need to notify the User. Stulz expressly reserves the right to assert additional rights.
(4) Stulz shall be entitled to revoke the right to use e-STULZ at any time - with future effect.
§ 4 Copyrights; Intellectual Property Rights
(1) e-STULZ is the intellectual property of Stulz and is protected by the intellectual proper-ty laws of the European Union, international contract-law provision and the applicable laws of the country in which it is being used. These Conditions do not grant the User any intellectual property rights in e-STULZ.
(2) Manuals, technical notes, signs, images, symbols, product data and other files that can be downloaded in the context of using e-STULZ are protected marks and contents that belong to Stulz, the companies affiliated with Stulz or third parties. This content may only be copied for the sole use of the User and the purpose of using e-STULZ. Further use, e.g. presentation on the own website, is permitted only after consultation (design(at)stulz(dot)de). The User is in particular not allowed to remove or modify copyright notices of Stulz or third parties or to forward content to third parties.
§ 5 Limited Warranty
(1) Information, drawings, illustrations, technical data, weight- and measurement descriptions of Stulz that can be viewed or downloaded in the context of using e-STULZ are of a purely informative character. A liability for the accuracy of the data shall be excluded.
(2) Stulz reserves the right to change the data available on e-STULZ, particularly product data and prices, at any time without prior notice.
§ 6 No Guarantee for Providing Service and Certain Functions
(1) Due to the complexity of the internet, Stulz cannot guarantee that e-STULZ will be available and usable at all times. Unless otherwise expressly agreed between the parties, Stulz does not warrant the availability of individual functionalities. If the User is unable to retrieve the website at https://e.stulz.com/, then Stulz ask that any service disruption be reported to webmaster(at)stulz(dot)de.
(2) Unless otherwise expressly agreed between the parties, Stulz explicitly reserves the right to make decisions, at its own discretion, concerning the offer and maintenance of the offer of individual functionalities.
§ 7 Liability; Compensatory Damages
(1) Stulz shall have unlimited liability for damages from culpable injury to life, body, or health. The same shall apply to any liability contemplated under the Produkthaftungsgesetz (the German Product Liability Act).
(2) Stulz shall be liable for other damages only if the damages arise from intent or gross negligence of its legal representatives, employees, or vicarious agents. In the event of gross negligence, liability for compensatory damages shall be limited to foreseeable damages which typically occur with agreements of this sort. Moreover, in case of slight negligence, Stulz shall be liable only to the extent that material contractual duties (“cardinal duties”) have been breached. “Cardinal duties” are duties the fulfilment of which per se enables the due performance of the contract and upon the fulfilment of which the User may ordinarily rely. Even in the event of a breach of cardinal duties, liability shall be limited to foreseeable damage which typically occurs with agreements of this sort.
(3) Within the parameters of the liability provisions above, Stulz shall be liable for the loss of data only up to the amount that would have incurred to restore the data if it had been properly and regularly backed up by the User.
§ 8 Term of Agreement
(1) Both parties may terminate this agreement at any time without cause by giving a thirty (30) days‘ notice in writing (also via e-mail or telefax) to the other party.
(2) The right of termination for good cause remains unaffected.
§ 9 Applicable Law; Miscellaneous
(1) These Conditions shall be subject to German Law, excluding the UN Convention on Contracts for the International Sale of Goods and German international private law. The competent courts in Hamburg, Germany shall have exclusive jurisdiction.
(2) Should one or several of the clauses referred to above be ineffective or become ineffective, then the remaining clauses shall not be affected thereby.
(3) Amendments to these Conditions must be in written form. The same applies to any amendment to this written form clause.