Scope of Application
1. Use of these web pages offered by DACH Schutzbekleidung GmbH & Co. KG (“DACH Website”) is permitted solely in accordance with these terms and conditions. These general terms of use may be supplemented, modified, or replaced in specific cases by additional terms and conditions, e.g., for the purchase of products and/or services.
2. The content of the DACH website is intended exclusively for business customers and prospective customers, or for public entities, and not for private customers. Sections 312i(1), sentence 1, nos. 1–3, and Sections 312j and k of the German Civil Code (BGB) therefore do not apply.
3.By beginning to use this DACH website or by logging in,you accept these Terms of Use in their current version.
4. In the case of websites intended for businesses or public entities, the user acts on behalf of the respective business or entity, and the business or entity is responsible for the user’s actions and knowledge.
Services
1. DACH makes certain information, software, and documentation available on the DACH website for viewing or downloading.
2. DACH is entitled to suspend operation of the DACH website, in whole or in part, at any time. Due to the nature of the Internet and computer systems, DACH does not guarantee the uninterrupted availability of the DACH website.
Registration, Password
1. Some pages of the DACH website may be password-protected. In the interest of security in business transactions, access to these pages is restricted to registered users only. There is no entitlement to registration by DACH. In particular, DACH reserves the right to require registration even for web pages that were previously freely accessible. DACH is entitled at any time to revoke access authorization by blocking the access data without having to provide reasons, in particular if the user
- provided false information during registration
- has violated these terms and conditions or his duty of care in handling the access credentials,
- has violated applicable law when accessing or using the DACH website, or has not used the DACH website for an extended period of time.
2. If registration is required, the user is obligated to provide truthful information during registration and to notify DACH immediately (online, if applicable) of any subsequent changes. The user shall ensure that he or she receives emails sent to the email address he or she has provided.
3. Upon successful registration, the user will receive a username and password (= “user data”). Upon first login, the user must change the password provided by DACH to a password known only to the user. The user data enables the user to view and modify their data, or, if necessary, to revoke or expand any consent given for data processing.
4. The user shall ensure that the user data is not made accessible to third parties and shall be liable for all orders placed and other activities carried out using the user data. The user shall log out after each use. If the user becomes aware that third parties are misusing the user data, the user shall notify DACH immediately in writing.
5. In the event of misuse or unauthorized access by third parties, DACH may block access to the password-protected area using these user credentials. The block may only be lifted upon a separate request by the user to DACH or after re-registration.
6. The user may request in writing at any time that his or her registration be deleted, provided that such deletion does not interfere with the fulfillment of any ongoing contractual obligations. Further details are set forth in DACH’s Privacy Policy.
Rights to Use Information, Documentation, and Intellectual Property
1. The use of the information and documentation provided on the DACH website is subject to these terms and conditions.
2. DACH grants the user a non-exclusive and non-transferable right to use the information and documentation made available on the DACH website to the extent agreed upon or, if no agreement has been made, to the extent consistent with the purpose for which DACH made such information and documentation available.
3. The user may not distribute, rent, or otherwise make available any information or documentation to third parties at any time.
4. The information and documentation are protected by copyright laws, international copyright treaties, and other laws and agreements governing intellectual property. The user shall respect these rights and, in particular, shall not remove alphanumeric identifiers, trademarks, or copyright notices from the information, the documentation, or any copies thereof.
5. Sections 69a et seq. of the Copyright Act remain unaffected in all other respects.
6. Notwithstanding the foregoing provisions, information, brand names, and other content from the DACH website may not be modified, copied, reproduced, sold, rented, used, supplemented, or otherwise exploited without the prior written consent of DACH.
7. Except for the rights of use or other rights expressly granted herein, the user is not granted any further rights of any kind, in particular with respect to the company name and industrial property rights, such as patents, utility models, or trademarks. DACH is not obligated to grant such rights.
8. If a user submits ideas and suggestions on the DACH website, DACH may use them free of charge for the development, improvement, and marketing of the products in its portfolio.
User Obligations
When using the DACH website, the user may not
- harm other people or infringe upon their rights;
- infringe on industrial property rights, copyrights, or other property rights;
- whose usage behavior violates public decency;
- Transmitting content containing malware;
- Enter, save, or send hyperlinks or content for which he is not authorized, particularly if such hyperlinks or content violate confidentiality obligations or are unlawful; or
- Spreading spam.
Hyperlinks
The DACH website may contain hyperlinks to third-party websites. DACH assumes no responsibility for the content of these websites, nor does DACH endorse these websites or their content, as DACH does not control the linked information except at the time the link is created and is not responsible for the content and information provided on those sites.
Liability for Legal and Material Defects
1. If information or documentation is provided free of charge, liability for material defects and defects of title in the information, software, and documentation—in particular with respect to their accuracy, freedom from errors, freedom from third-party intellectual property rights and copyrights, completeness, and/or usability—is excluded, except in cases of willful misconduct or fraud.
2. The information on the DACH website may contain specifications or general descriptions of the technical capabilities of products, which may not always be available in specific cases (e.g., due to product changes). The desired product features must therefore be agreed upon on a case-by-case basis at the time of purchase.
Other Liability, Viruses
1. DACH’s liability for material defects and defects of title is governed by the provisions in Section 8 of these Terms of Use. Otherwise, any liability on the part of DACH is excluded, unless liability is mandatory, for example, under the Product Liability Act, due to willful misconduct, gross negligence, injury to life, limb, or health, the assumption of a warranty of quality, fraudulent concealment of a defect, or a breach of material contractual obligations. However, damages for breach of material contractual obligations are limited to foreseeable damages typical for this type of contract, unless there is intent or gross negligence.
2. Although DACH always strives to keep the DACH website free of viruses, DACH does not guarantee that it is virus-free. Before downloading information, software, and documentation, the user shall, for his or her own protection, ensure that appropriate security measures and virus scanners are in place.
3. The provisions above do not entail a shift in the burden of proof to the detriment of the user.
Supplementary Agreements, Jurisdiction, Governing Law
1. Any ancillary agreements must be in writing.
2. The place of jurisdiction is Karlsruhe, Germany.
3. These terms and conditions are governed exclusively by German law.
4. In the event of any discrepancies between the German text of this and other documents and the English translation, the German text shall prevail.
5. The UN Convention on Contracts for the International Sale of Goods does not apply.