Terms and Conditions of Use

1. General provisions

The following terms and conditions of use are an integral part of all easements in connection with the use of arbonia.de, arbonia.at and all subdomains belonging to Arbonia Riesa GmbH. Ancillary agreement, amendments and supplements must be made in writing to be effective. This also applies to waiving the requirement for written form. If there should be an ineffective clause in these conditions, all the others remain valid. The ineffective clause must be replaced by an effective clause which come closest to meeting the economic purpose of the clause in question.

2. Use

Any use of arbonia.de, arbonia.at and all subdomains belonging to Arbonia Riesa GmbH shall be at the user's own risk. The operator will not accept any liability for:

• Mistakenly linked web pages.
• damages arising from use of the information on the Arbonia websites.
• Non-functional links and consequences due to technical malfunctions.
• software function and its consequences related to arbonia.de, arbonia.at, including all connected domains.
• Business with third parties which was mediated through this Internet platform.
• Instances of contact and their consequences arising as a result of this Internet platform.
• criminal dealings, infringements or manipulation by third parties who by any means come to be linked with the Arbonia websites or anyone responsible for malpractice relating to this Internet platform.

3. Liability

Information and data on these pages do not constitute any assurance or guarantee, whether explicit or implicit. In particular, it does not constitute any implicit assurance or guarantee with regards to the condition, the merchantability, adequacy for a particular purpose or non-infringement of laws and patents. All data and figures on the web pages are only approximate. Only actual agreements are authoritative for contracts to be concluded (e.g. purchase and order).

On our Internet pages you will also find links to other pages on the Internet. We would like to draw your attention to the fact that we have no influence on the design and the content of the pages the links may take you to. We can therefore also not guarantee that the information made available there is up-to-date, correct, complete or guarantee its quality. With this in mind, we hereby disassociate ourselves from all content on these pages. This declaration is applicable to all links to external pages and their content on our Internet pages.

4. Access authorisation

The user is to register in the Arbonia specialist area with their full, correct details. The responsibility for protection (secrecy) of the passwords made available to the customer to access the Internet service provided is solely held by the customer. The user is not entitled to pass the access data (name and password) on to third parties outside of the registered company without written consent from Arbonia. In the event of malpractice, Arbonia reserves the right to take legal action. The user undertakes to change the password immediately or to inform Arbonia should they suspect that the password has become known to an unauthorised third party.

5. Obligations of the user

The user is obliged to only use the online access appropriately. They will in particular not misuse access made available and will comply with the accepted data security principles for ensuring data protection. They are to immediately notify Arbonia should they become aware of any misuse. The user exonerates Arbonia from any damages that they may suffer due to a breach of contract or resulting from a claim caused by a third party. They will bear the end device costs and telecommunications expenses.

6. Hyperlinks

With its ruling dated 12 May 1998 – 312 O 85/98 – “Liability for Links”, the Regional Court of Hamburg decided that if you provide a link, you take on co-responsibility for the content of the linked page. This can only be avoided if the party in question expressly dissociates themselves from said contents. Links to other websites can be found on the Arbonia website. Arbonia Riesa GmbH has no influence on the design or contents of the sites to which links can be found on this page and further pages. For this reason, we expressly dissociate ourselves from all contents of all linked pages throughout our platform, including all sub pages. This declaration applies to all links on our homepage and all contents of pages accessed via said links or banners. Hyperlinks to third-party sites, which have been published against the wishes of the site owner, will be removed upon request.

7. Place of jurisdiction

The place of jurisdiction is our company headquarters, providing the customer is also a businessman within the meaning of the German Commercial Code, a legal entity under public law or separate funds under public law. The same applies if the customer does not have any other place of jurisdiction in Germany or has moved their domicile abroad after concluding the contract. We are entitled to also file a lawsuit against the customer in other authorised places of jurisdiction.”

“All claims and rights are subject to the non-standardised law of the Federal Republic of Germany. Application of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict law of the EGBGB (Introductory Law to the German Civil Code) is expressly excluded. The contract language is German.”

Preamble

The following general terms and conditions of use and licensing shall apply between Arbonia Riesa GmbH and their specialist partners with whom Arbonia concludes a contract of use and to whom Arbonia makes available rights of use for works protected by copyright via Arbonia webpages or industry portals (e.g. www.shk-branchenportal.de) . These concern written works (catalogues, presentations, etc.), photographic works and cinematic works that depict and describe any products from the heating, ventilation, and air-conditioning technology division.

I. Field of application

Specialist partners are specialist retailers, specialist tradespeople, planners, architects, educational and training centres, affiliated companies, and other persons involved in marketing Arbonia Riesa GmbH products. These terms and conditions of use shall also apply to depictions and content (product descriptions, data sheets, operating instructions, directories, sketches, technical drawings, electronic documents, etc.) that are not covered by industrial property rights. These provisions shall apply accordingly as appropriate.

II. Registration

Before using the files, the specialist partner must register on the Arbonia website or on an industry portal providing their name, company, if applicable legal representative, and address. Using the databases without registration shall represent an infringement of rights protected by law. Arbonia Riesa GmbH reserves the right to pursue infringements of this nature in the civil and criminal courts.

III. Agreement to the T&Cs

Furthermore, the specialist partner shall only be entitled to use the aforementioned works if they acknowledge that these T&Cs are binding. Their agreement is given either by signing this document or by acknowledging these conditions are part of registration on the Arbonia website or the industry portal. Any use is only permitted on the basis of this agreement as it would otherwise represent a copyright infringement.

IV. Intended use

Works shall exclusively be provided for the purpose of promoting Arbonia products. This shall include customer and product acquisition. For this purpose, works may be imported and copied in digital form into the specialist partner’s IT systems and may be used as a digital version or a print version.

V. Subject matter of the granting of rights

Product data, written works, photographic works, cinematic works, and photographs available on Arbonia websites or industry portals, including the corresponding metadata in the event of digitisation, are the subject matter of this agreement, even if they are not covered by industrial property rights. These provisions shall apply accordingly as appropriate.

VI. Scope and rights of use

1. Arbonia Riesa GmbH shall grant the specialist partner the non-exclusive right of use to the works provided and this right can be revoked.

2. The works may not be edited or modified in terms of content. The creation of photo and video montages is prohibited. This shall especially apply in the case of videos and photographs by Foto Composer.

3. A copyright mark must be applied to the works in accordance with X. of this Agreement.

4. Arbonia Riesa GmbH shall accept no liability if the works are incorrect or out of date. The specialist partner must check that the works are up to date at least once a year.

5. The works may be used in the specialist partner's data portals or online shops until withdrawn by Arbonia Riesa GmbH. Use of the works on social networks (e.g. Facebook, Pinterest) and on third-party platforms (e.g. Amazon, eBay) is prohibited.

6. The specialist partner shall determine the scope of the works used (scope of product range, number of attributes used) at its own discretion.

7. In individual cases, Arbonia Riesa GmbH shall be entitled to restrict or extend the scope of the rights granted. The specialist partner shall be informed of this on the website or before the download.

8. The specialist partner can grant other specialist partners (third parties) the right of use to the extent regulated above and for the aforementioned purposes, provided that these third parties are subjected to the same obligations that apply to the specialist partner in accordance with this contract. Arbonia Riesa GmbH may demand written proof of the obligation of the third party from the specialist partner without specifying reasons.

VII. Compensation for use

The rights of use shall be granted to the specialist partner by Arbonia Riesa GmbH free of charge. The specialist partner shall not be permitted to charge third parties as defined in VI.8 for the passing on of the works.

VIII. Rights to the works provided

 Arbonia Riesa GmbH shall ensure that it has the required legal position for the granting of rights of use.

IX. Duration

With a unilateral declaration in writing, Arbonia Riesa GmbH may terminate the user license at any time without specifying reasons and can revoke it with immediate effect. The specialist partner shall then have ten working days to completely remove the stored data of the works from their IT systems and return physical works (e.g. CD, DVD, catalogues) to Arbonia Riesa GmbH or destroy them if this is agreed.

X. Reference to copyright

1. The specialist partner undertakes to apply the following note to the works:

“^© Copyright by Arbonia Riesa GmbH, Industriestrasse A 11, 01612 Glaubitz, Germany. The written works, images, videos are protected by copyright. Any exploitation outside the narrow confines of copyright law is illegal and liable to prosecution without the prior consent of the copyright holder. This particularly applies to reproductions, translations, and saving and processing in electronic systems. The same applies to publication on the Internet.”

2. Naming copyright holder: If Arbonia Riesa GmbH is obligated to name the copyright holder in individual works, the specialist partner shall also be obligated to do so in the same way. Arbonia Riesa GmbH shall inform the specialist partner of this during the download process.

XI. Liability

If the specialist partner or a third parties breaches obligations or violates the provisions of this usage agreement, Arbonia Riesa GmbH may demand compensation for any damages incurred, including legal defence and prosecution costs. This shall especially also apply to the event that third parties make claims against Arbonia Riesa GmbH due to infringement of third-party rights (e.g. rights of the licensor or persons depicted). If the specialist partner uses the works provided in any way other than is stipulated in this agreement, Arbonia Riesa GmbH may demand that it cease and desist this activity. The specialist partner is also liable for legal infringements by third parties (e.g. portal operators).

XII. Sources

The works shall be offered to the specialist partner in a digitised form by download via Arbonia websites or the industry portal.

XIII. Final provisions

1. Form

Ancillary agreements, amendments or additions that deviate from these T&Cs must be made in writing. They must be identified as such. This shall also apply to the waiving of the requirement of written form.

2. Invalid provisions

Should a provision in this agreement be invalid or unfeasible, then all other provisions remain unaffected by this. In the place of the invalid or unenforceable provisions, an appropriate provision shall be made that comes as close as possible to the intentions of the parties to the extent permitted by law.

3. Applicable law and agreement on jurisdiction

The law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from or in connection with contracts to which these Terms of Use apply shall be the place of business .

 

Status: 01/11/2018