Terms & Conditions
The terms of use set out below establish the legal framework for an agreement between Dornbracht AG & Co. KG, Köbbingser Mühle 6, 58640 Iserlohn / Germany (hereinafter referred to as "Dornbracht") and anyone using their website (hereinafter referred to as the "User"). Use of the Internet site provided by Dornbracht at www.dornbracht.com (hereinafter referred to as the "Internet Site") is only permitted on the basis of these terms of use. In individual cases, the General Terms of Use may be extended, modified or replaced, such as for the acquisition of products.
The terms relating to the general use of our Internet Site are listed under I. The special terms of use for registered customers are stipulated under II.
We reserve the right to revise the content of these General Terms of Use from time to time without notice; therefore, we ask that you read the Terms of Use once again and take note of any changes the next time you visit the Internet Site.
I. General Terms of Use for Visitors to the Internet Site
1. Copyright
Dornbracht retains all rights to the Internet Site, the customer portals made available there, all the content contained therein (e.g. texts, logos, photos, graphics, sounds, animation and videos) and to the design and structure of the Internet Site as such. This also applies to all content made available for downloading. The Internet Site, including its design features and content, is protected by copyright and other protective laws. The content of the Internet Site, such as texts, logos, photos and graphics, must not be edited or used for commercial purposes. In particular, it is not permissible to copy this content, distribute it, make it available on the online sites of business clients, modify it or make it accessible in any way to third parties.
2. Brands
Unless otherwise noted, the Dornbracht brands and product names on the Internet Site are protected by trademark law. This applies in particular to the Dornbracht brand name, the Dornbracht logo and to our product names. If logos and names are not identified as trademarks, this does not mean that they are not protected by trademark law. It is expressly forbidden to use these brand names or other materials without authorization; this would constitute a violation of trademark rights or other industrial property rights.
3. Liability
3.1. The information provided on this Internet Site by Dornbracht has been compiled to the best of its knowledge and belief by using professional diligence. We constantly endeavor to extend and update this range of information. However, no representation is made or warranty given - either expressly or tacitly - for the completeness or correctness of the information on this Internet Site. In particular, we ask you to be aware that this information may no longer be up to date. Should you require any special advice or instructions with regard to our products or services, please contact us immediately.
3.2. You herby declare that you agree to access this Internet Site and its content at your own risk. Dornbracht is liable for damage incurred as a result of actions that you perform on the basis of the content of this Internet Site only if intent or gross negligence is shown by its legal representatives, employees or vicarious agents. The above provision does not apply to non-compliance with obligations that are essential for achieving the purpose of the agreement. If liability is not excluded, Dornbracht is only liable to the extent that the damage was foreseeable. In these situations, our liability is limited to 1000.00 euros per claim.
3.3. Dornbracht is not liable for the security of this Internet Site, nor for ensuring that the functions provided on this Internet Site work without fault or malfunction, that faults are remedied, or that this Internet Site does not contain any viruses or other harmful elements.
3.4. All content, information and details are supplied in the present form. Neither Dornbracht nor its bodies, assistants or vicarious agents shall be liable for direct, indirect, incidental or consequential damage or other damage (including but not limited to financial losses, data loss, declining profits, order losses, interruption of business activity or the like) which result from using or the inability to use this Internet Site, its content, information or details.
3.5. Dornbracht is not liable for any hardware or software defects connected with access to or use of this Internet Site and/or the receipt, modification or provision of information. This liability disclaimer does not apply in the event of intent or gross negligence. Dornbracht bodies, assistants and vicarious agents will only be liable for compensation in cases of intent or gross negligence. Claims for compensation are limited to typical foreseeable damage.
4. Indemnity
You hereby agree to exempt Dornbracht and its associated companies, management personnel, directors, owners and authorized agents from all claims and costs, in particular the relevant legal expenses incurred as a result of your violation of our conditions of use, or the rights of another person or entity. You will assist, as far as can be expected, in defending against such claims. Dornbracht retains the right to exclusively defend and verify, at its own expense, all matters relating to indemnity by you.
5. Exemption from responsibility for external links / third-party Internet sites
This Internet Site contains external links and references to Internet sites not operated by Dornbracht. Such external links are only made available for the user's convenience. The operators of such linked sites have sole responsibility for their content. Dornbracht accepts no responsibility for the availability or content of these websites and no liability for damage or injury arising from the use - in whatever shape or form - of their content. When establishing the links, Dornbracht examined the respective websites for obvious legal violations. If we were to learn of illegal content or legal violations on linked sites in the future, we will delete the links without delay. If you learn of illegal content on websites linked by us, we ask you to please notify us.
6. Ordering materials
Dornbracht gives Users the opportunity to order brochures, press kits, etc., (hereinafter referred to as "Materials"). Business clients receive these so that they can also pass them on to their end customers to promote the sale of Dornbracht products. Dornbracht may limit the number of copies that can be ordered. Users have no legal right to receive Materials. Dornbracht undertakes no guarantee with regard to the availability of Materials or the possibility of downloading Materials.
7. Gratuitous use
The majority of the services are provided free of charge. Should Dornbracht require payment for individual services, you may have to agree to additional Terms of Use or further provisions. These contain information on such matters as payments, delivery and refunds.
8. Data protection
Dornbracht will comply with the pertinent provisions of data protection legislation when collecting, using and processing the personal data of Internet Site Users. Dornbracht's data protection provisions can be accessed via the following link: http://www.dornbracht.com/privacy-policy
9. Miscellaneous
9.1. These General Terms of Use and the legal relationship between the User and Dornbracht are governed exclusively by German law. The legal venue for any disputes arising from the legal relationship between the parties is Iserlohn (Germany), provided the User is a "businessperson" in the sense of the German Commercial Code. Otherwise the statutory legal venue applies.
9.2. If individual provisions are or become ineffective or impossible to implement, this shall not affect the validity of the remaining provisions outlined in this agreement.
9.3. These General Terms of Use are available to view on our Internet Site at any time, under "General Terms of Use". You can also print or save this document in the usual way, as provided by your browser. Alternatively, you can download and archive the document as a PDF file by clicking here. To open the PDF file, you need the free Adobe Reader program (at www.adobe.de) or a comparable program that can cope with the PDF format.
II. Special Terms of Use for Registered Customers
To be able to use some of our services, you need a customer account, which requires you to register on our Internet Site. . We have set up certain exclusive sites here (hereinafter referred to as "Dornbracht-Professional"), to which our professional retail, trade and architecture partners (hereinafter referred to as "Business Clients") can gain access once Dornbracht has granted the necessary authorization. The User Agreements below stipulate the legal framework conditions governing the use of these sites.
1. Conclusion / terms of contract
1.1. By sending the registration form, you, the User (hereinafter referred to as the "Customer") are submitting a legally binding offer for concluding the following User Agreement. By sending you your access data, Dornbracht accepts your offer for concluding the contract. This provides you with access to Dornbracht-Professional.
1.2. As a personal contact partner of a Business Client, you ensure that you are authorized to conclude this User Agreement with Dornbracht on behalf of the Business Client you are representing.
1.3 Please refer to the respective Internet Sites for the specific services offered to you by Dornbracht under the auspices of Dornbracht-Professional. Should you have any questions about our service, our local sales and marketing partners are at your disposal and are listed in the footer under Contacts. Alternatively, you can send an e-mail to info@dornbracht.de, which will then be forwarded to the relevant local sales and marketing partner, who will then reply.
2. Copyright
The sole purpose of Dornbracht-Professional is to provide information for Business Clients. All content, especially photos, texts and graphics, may only be edited or used by the Business Client for commercial purposes if Dornbracht has previously confirmed its agreement in writing. Once Materials such as printed catalogs or brochures have been ordered and received, they may be passed on to the Business Client's Customers without changes for the purpose of sales promotion.
3. Gratuitous use / availability
3.1. Use of Dornbracht-Professional is made available to the Customer free of charge. The provision and cost of the Internet access required for use of Dornbracht-Professional is not included in the services offered by Dornbracht. The Customer shall bear the costs of the Internet connection and the corresponding download times.
3.2. Dornbracht undertakes no guarantee nor accepts any other liability with regard to the availability of Dornbracht-Professional. In particular, Dornbracht accepts no responsibility in the event of faults, interruptions or any temporary or permanent failure of Dornbracht-Professional.
4. Confidentiality
You confirm that you are responsible for maintaining confidentiality with regard to Dornbracht-Professional access data. You are responsible to Dornbracht for all activities performed via your account. If you discover that your access data is being used by another person without your permission, you are obliged to notify Dornbracht immediately.
5. Period of validity/cancellation/access rights
5.1. The agreement is concluded for an unlimited term. However, the contractual relationship shall expire automatically if Dornbracht discontinues the Dornbracht-Professional service.
5.2. Apart from that, this agreement can be terminated by either party at any time and with immediate effect.
5.3. Furthermore, the access rights held by individual Customers to Dornbracht-Professional can be extended or limited by Dornbracht at any time.
Iserlohn, February 2012.
These General Terms of Use are copyrighted intellectual property. Third-party use - in whole or in part - for commercial purposes is not permitted.