Terms and Conditions
Please read the Terms and Conditions of Use relating to our website carefully:
1. Scope
1.1 Any use of this website ("DSC-Website”) provided by DESTACO Europe GmbH ("DSC"), shall be subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions. With log-in, or where a log-in is not required, in accessing or using the DSC- Website these Terms of Use are accepted in their respective version.
1.2 If the user uses DSC-Website as a business customer, i.e. that it is not acting for purposes which are outside its trade, business or profession, or as administration customer, § 312i (1) sentence 1 no. 1 - 3 of the German Civil Code does not apply.
2. Services
2.1 DSC provides specific information and documentation on its DSC-Website for retrieval or downloading.
2.2 DSC may stop the operation of the DSC-Website in full or in part at any time. Due to the nature of the internet and computer systems, DSC does not accept any liability for the continuous availability of the DSC-Website.
3. Registration, Password
3.1 Some pages of the DSC-Website may be password protected. In the interest of safety and security of the business transactions, only registered users may access these pages. DSC reserves the right to deny the registration to any user. DSC is entitled, at any time and without obligation to give reasons, to deny the user the right to access by blocking the access data.
3.2 For registration the user is obliged to give accurate information and, where such information changes over time, update such information immediately. The user shall ensure that its e-mail address, as supplied to DSC, is current at all times and an address at which the user can be contacted.
3.3 Upon registration the user will be provided with an access code, comprising a user ID and a password ("user data"). The user data administration allows the user to view or change his data.
3.4 The user shall ensure that its user data is not accessible by any third parties. The user is liable for all transactions and other activities carried out under its user data. At the end of each online session, the user shall log-off from the password protected websites. If the user becomes aware that third parties are misusing its user data the user shall notify DSC thereof immediately by e-mail europe@destaco.com.
3.5 Afterreceiptofthenoticeunderparagraph3.4,DSCisentitledtodenyaccessto the password-protected area under such user data.
3.6 The user may at any time request the termination of its registration in writing, provided that the deletion will not violate the proper performance of contractual Terms and Conditions of Use for DSC-Website, version 7/2016 Seite 1 relationships. In such event DSC will remove all user data and other stored personally identifiable data of the user in compliance with the legal regulations.
4. Rights of Use to Information and Documentation
4.1 DSC grants the user a non-exclusive and non-transferable right to use the information and documentation made available to the user on the DSC- Website to the extent agreed in accordance with the purpose for which DSC provides and makes such information accessible.
4.2 Information and documentation may not be made available to any third party at any time.
4.3 The information and documentation are protected by copyright laws as well as international copyright treaties and other laws and conventions related to intellectual property. The user shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from documentation.
4.4 Alsoapplicableare§§69aetseq.oftheGermanCopyrightLaw.
5. Duties of the User
In accessing or using the DSC-Website the user shall not • violate public moral standards in its manner of use; • breach any intellectual property right or any other proprietary right; • upload any contents containing a virus or any other program that could damage data; • transmit, store or upload hyperlinks or contents to which the user is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; • distribute advertising or unsolicited e-mails or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.
6. Intellectual Property
6.1 Allinformation,brandnamesandothercontentsoftheDSC-Websitemustnotbe changed, copied or otherwise be utilized in any other way without the prior written permission of DSC.
6.2 DSC may, without charge, use any ideas or proposals stored by a user on the DSC- Website for the development, improvement and sale of its products from its portfolio.
7. Hyperlinks
The DSC- Website may contain hyperlinks to the websites of third parties. DSC shall have no liability for the contents of such websites and does not make representations about or endorse such websites or their contents as its own. DSC Terms and Conditions of Use for DSC-Website, version 7/2016 Seite 2 does not control the information on such websites and is not responsible for the contents and information given thereon. The use of such websites shall be at the sole risk of the user.
8. Liability for material defects and defects of title
DSC shall not be liable for any information and documentation in case of material defects and defects of title.
9. Other Liability DSC does not guarantee the DSC-Website being virus-free. Before downloading any information and documentation, the user shall, for its own protection provide appropriate safety guards and a virus scanner.
10. Data Privacy Protection
For collection, use and processing of personal data of the user of the DSC- Website, DSC shall comply with the applicable laws on data privacy protection and DSC’s Data Protection Privacy Policy, which is available per hyperlink on the DSC Web Site and/or on www.destaco.com. .
11. ApplicableLawandPlaceofJurisdiction
11.1 The individual pages of the DSC- Website are operated and administered by DSC Europe, Germany. The DSC-Website complies with the law applicable in the country where the responsible company has its business residence. DSC makes no representation that information and documentation on the DSC-Website are appropriate or available for viewing or downloading at locations outside such country. If a user accesses the DSC- Website from outside such country, they are exclusively responsible for compliance with all applicable local laws. The access to the DSC- Website information and documentation from countries where such content is unlawful is prohibited. In this case and where the user seeks to do business with DSC, the user should contact the DSC representative for the particular country for country specific business.
11.2 These Terms and Conditions of Use shall be governed by the law of Germany. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.
11.3 The place of jurisdiction shall be Oberursel, Germany, if the user is a business customer in accordance with the German Commercial Code (Handelsgesetzbuch).
