STULZ worldwide

Terms of Use

 

I.                 Scope

Any use of this website ("Stulz website"), provided by Stulz GmbH and its affiliates/subsidiaries ("Stulz"), is subject to recognition and acceptance of these terms. By using or logging in to the Stulz website, the User accepts this offer and these Terms of use in their current version. Where other contractual relationships with Stulz are concerned, the terms agreed in this respect shall take precedence.

II.                Access

Stulz may deny access to the Stulz website at any time, for individual or all Users, in particular if the User breaches any obligation arising from these terms. Only registered Users may access password-protected pages. Stulz reserves the right to deny registration and to revoke access at any time. Otherwise, the "Terms of use for password-protected pages" take precedence regarding the use of password-protected pages.

III.               Information and documentation

1. Before downloading information, brochures, technical descriptions, installation instructions, calculation or planning models, documentation, etc. (collectively referred to hereafter as "information and documentation"), and other data from the Stulz website, the User shall, for his own protection and to keep the Stulz website free from viruses, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner in particular.

2. The User may not change the information and documentation provided on the Stulz website, nor delete parts of it. Information and documentation, trademarks, and other content of the Stulz website may not be copied, reproduced, sold, supplemented or otherwise used in any other way without the prior written permission of Stulz.

3. The information and documentation is protected by copyright and other laws and agreements, where applicable, respecting intellectual property. The User shall observe such laws and in particular shall not remove any marks, trademarks or copyright notices neither from the information and documentation nor any copies thereof, nor shall the User make use of any content protected by copyright (images, texts, files, etc.) without the written permission of Stulz. No industrial property rights of any kind, such as patents, utility models or trademarks, are granted to the User.

4. The information or documentation on the Stulz website may contain specifications or general descriptions of the technical details of individual products which may not be available in certain cases (e.g., due to product changes). The required performance characteristics of a product shall therefore be agreed in each case at the time when a contract to purchase the product is concluded.

5. Insofar as information or documentation is made available on the Stulz website at no cost, any liability on the part of Stulz for defects as to quality or title, especially in relation to their correctness, absence of defects, or the absence of claims or third-party rights, or in relation to completeness and/or fitness for purpose, is excluded – unless required by law in accordance with point V.3. sentence 2 clause 2 of these Terms of use.

IV.                Duties of the User

1. Access to the Stulz website, as well as to the information and documentation found thereon, from countries where such access is unlawful is prohibited.

2. In utilizing the Stulz website, the User shall comply with all applicable statutory regulations, decrees, and official instructions without exception and shall not harm other persons or infringe their personal rights, violate any industrial property right, copyright or any other proprietary right, upload any content containing malware, viruses or Trojan Horses, or distribute advertising or unsolicited e-mails ("spam") or inaccurate warnings of viruses, defects or similar material, nor shall the User solicit or request participation in any lottery, snowball system, chain letter, pyramid scheme or similar activity.

V.                  Liability

1. The Stulz website may contain hyperlinks to the web pages of third parties, over whose content Stulz has no influence. The respective provider or operator of the pages in question is always responsible for the content of linked pages. Stulz shall have no liability or responsibility for the content of these third-party web pages and does not make representations about or endorse their content as its own. The use of such web pages shall be at the sole risk of the User.

2. Stulz shall have no liability for the continuous availability of the Stulz website.

3. The liability of Stulz for defects in relation to quality and title in respect of the information and documentation provided on the Stulz website shall be determined in accordance with point III.5. of these Terms of use. Any further liability of Stulz is excluded unless required by law in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations.

4. Stulz does not guarantee that the Stulz website is virus-free.

VI.                Concluding terms

1. Subsidiary agreements require the written form.

2. If any provision shall be held to be unenforceable, the other provisions shall remain unaffected.

3. Venue shall be Hamburg, if the User is a businessman as defined in the German Commercial Code (Handelsgesetzbuch).

4. German law shall apply, with the exclusion of the provisions pertaining to foreign law.