General Conditions of Use for the t-s-i.de Website

1. Scope

1.1
Any use of the web pages (t-s-i.de Website) offered by t-s-i.de Misch- und Dosiertechnik GmbH shall be subject exclusively to these Conditions. By commencing use, the user accepts the validity of these Conditions of Use in their current version.

1.2
These General Conditions of Use may be supplemented, modified or replaced in individual cases by further conditions, e.g. for the purchase or sale of products and/or services.

1.3
In the event that the use of the t-s-i.de Website takes place in the exercising of any commercial or self-employed professional activities or in the event that it is for a public body, § 312e Section 1, Sentence 1, No. 1 - 3 of the Civil Code (BGB) of the Federal Republic of Germany shall not apply.

2. Contents of the t-s-i.de Website

On its Website t-s-i.de has placed non-binding information without any commitment as well as related documentation and software for calling up or downloading without any warranties as to completeness. t-s-i.de reserves the right not to be responsible for the topicality, correctness, completeness or quality of the information provided. Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected. Parts of the pages or the complete publication including all offers and information may be extended, changed or partly or completely deleted by the author without separate announcement. Because of the basis of the nature of the Internet and computer systems t-s-i.de accepts no liability in relation to the uninterrupted availability of the t-s-i.de Website.

3. Rights of Use / Copyright

3.1
The use of the information, software and documentation available on the t-s-i.de Website shall be subject to these Conditions or in the case of the updating of information, software and documentation shall be subject to the applicable licence conditions already agreed with t-s-i.de. Specifically-agreed licence conditions shall prevail over these Conditions.

3.2
t-s-i.de grants to the user a non-exclusive, non-transferable right to use the information, software and documentation available on the t-s-i.de Website to the extent to which it is agreed or, in case there is no agreement on this point, in accordance with the availability and transfer from t-s-i.de for the intended purpose.

3.3
Software is only available in a machine-readable form at no cost. No right shall exist to the release of any source code. An exception to this shall be source codes from open source software, the licence conditions of which have priorities over these Conditions in the transfer of open source software and which require the making available of the source code. In such cases t-s-i.de shall make the source code available in return for the reimbursement of expenses.

3.4
Neither information, software nor documentation may be distributed, rented or in any other way made available by the user to third parties at any time. Insofar as no binding legal regulations require to the contrary, the user may not change, reverse develop or reverse translate the software or its documentation or remove any part therefrom. The user may make a backup copy of the software if such copy is necessary for future use as a backup on the basis of these Conditions of Use.

3.5
The information, software and documentation are protected by copyright laws as well as international copyright agreements as well as other laws and agreements related to intellectual property. The user shall observe such laws and in particular any alphanumerical identification, marks or copyright notices shall not be removed from the information or the software or the documentation or from any copies thereof.

3.6
The author intended not to use any copyrighted material for the publication or, if not possible, to indicate the copyright of the respective object. The copyright for any material created by the author is reserved. Duplication or use of objects such as images, diagrams, sounds or texts in other electronic or printed publications will not be permitted without the author's agreement.

3.7
All rights reserved. Text, images, graphics, sound, animations and videos as well as the arrangement of the same on t-s-i.de websites are protected by copyright and other commercial protective rights. The content of these websites may not be copied, disseminated, altered or made accessible to third parties for commercial purposes. In addition, some t-s-i.de websites contain images that are subject to third-party copyrights.

3.8
§§ 69 a et seq. of the Copyright Law shall not otherwise be affected hereby.

4. Intellectual Property

4.1
Notwithstanding the particular requirements in section 4 of these Conditions of Use any information, trademark names and other contents of the t-s-i.de Website may not be changed, copied, reproduced, sold, rented, used, supplemented or used in any other way without the prior written permission of t-s-i.de. The intellectual property contained in the t-s-i.de website such as patents, marks and copyrights, is protected. This website does not grant a licence for utilising the intellectual property of t-s-i.de Misch- und Dosiertechnik GmbH or third parties.

4.2
Except for the right of use and other rights expressly granted herein, the user shall be granted no further rights of any type whatsoever, in particular those to the company name or to industrial property rights, such as patents, utility models or trademarks, nor shall t-s-i.de be subject to any corresponding duty to grant such rights.

4.3
Unless specified otherwise, all trademarks on t-s-i.de websites are protected by trademark law. This applies in particular to t-s-i.de brands, nameplates, company logos and emblems. The brands and design elements used on our pages are the intellectual property of t-s-i.de Misch- und Dosiertechnik GmbH, Germany.

5. Registration and Use of Protected Pages

5.1

Some pages of the t-s-i.de Website are protected by way of a password. Access to these pages is only possible for registered users for reasons of transactional business security. No right shall exist to registration by t-s-i.de. In particular t-s-i.de reserves the right to make Web pages previously freely accessible subject to registration. t-s-i.de may at any time revoke a right of access by sealing the access data without providing any reasons therefore, in particular when the user

  • has provided false details for registration,
  • has breached the Conditions of Use or its duties of care in relation to the treatment of access data,
  • has breached applicable law in accessing or using the t-s-i.de Website or
  • has not used the t-s-i.de Website for a longer period.

5.2
In the event that registration is envisaged the user shall provide accurate and correct details and must advise immediately of any changes. The user shall therefore ensure that it receives any e-mails sent to it at the e-mail address provided.

5.3
After registration the user shall receive a user name and password (user data). At the time of first access the user shall change the password provided by t-s-i.de into a password known only to the user. The user data allow the user to access its own data, to change such and, if necessary, to extend or revoke agreements to data processing.

5.4
The user shall ensure that the user data are not available to third parties and shall be liable for all orders and other activities taken under the user data. After each occasion of use the area protected by password shall be exited. Insofar as the user becomes aware that any third party is misusing user data, the user shall immediately notify t-s-i.de of such in writing and, if applicable, in advance by way of simple e-mail. After receipt of such notification t-s-i.de shall block the access to the area protected by password with these user data. The lifting of any blocking is only possible after a special application by the user to t-s-i.de or after a further registration.

5.5
The user may at any time in writing demand the deletion of any registration insofar as the deletion is not prevented by the processing of current contractual matters. In such case t-s-i.de shall erase all user data and all other personal data of the user as soon as such is no longer required.

6. References and Links

The t-s-i.de Website may contain references and links (hyperlinks) to the websites of third parties. t-s-i.de does not accept any responsibility for the contents of such websites nor does t-s-i.de make the contents of such websites its own as t-s-i.de cannot control any information connected by a link and is not responsible for the contents and information therein contained. If any damage occurs by the use of information presented there, only the author of the respective pages may be liable, not the one who has linked to these pages. Furthermore, t-s-i.de is not liable for any postings or messages published by users of discussion boards, guest books or mailing lists provided on his page. Any use of linked websites shall be at the risk of the user.

7. Exclusion of Liability for Defects as to Title and Quality, Viruses

7.1
Insofar as any information, software or documentation is made available at no charge, any liability for defects as to title or defects as to the quality of the information, software and documentation, and in particular for the correctness, defect-free nature, and the non-existence of property rights or copyright of third parties, completeness and/or usability except in cases of wilful acts or malice are hereby excluded.

7.2
The information contained on the t-s-i.de Website may include specifications or general descriptions of technical possibilities of products which in individual cases (e.g. for reasons of changes in products) may not always be available. The required performance specification of the products should therefore be agreed prior to purchase in each case.

7.3
The liability of t-s-i.de for any defects as to quality and defects as to title shall be determined by the provisions in sections 7.1 and 7.2 of these Conditions. Ceteris paribus any liability of t-s-i.de ist excluded unless mandatory law e. g. the Product Liability Act requires it, as a result of the Product Liability Law, as a result of wilful act, gross negligence, as a result of death, personal injury or resulting from the acceptance of a guarantee as to quality or as a result of malicious concealment of a defect or because of the material breach of a contract. Any damages for material breach of contract shall however be limited to typical, foreseeable damage insofar as wilful acts or gross negligence are not involved.

7.4
t-s-i.de shall endeavour to keep the t-s-i.de Website free from all viruses, however t-s-i.de cannot give any assurance as to a virus-free environment. Before downloading any information, software or documentation the user shall for its own protection as well as to prevent viruses coming onto the t-s-i.de Website use suitable security measures and virus scanners.

7.5
A change in the burden of proof is not connected with any of the above provisions.

8. Obligations of Use

8.1
The user may not in regard to the t-s-i.de Website:

  • cause any damage or injury to any persons, in particular juveniles, or violate their right to privacy;
  • act against good morals by its method of use;
  • violate industrial property rights or copyright or other property rights;
  • transmit any contents with viruses or so-called Trojan Horses or other programming which could damage software;
  • provide, store or send hyperlinks or contents to which it is not allowed, in particular if such hyperlinks or contents are a breach of a duty of confidentiality or are unlawful; or
  • distribute advertising or unsolicited e-mails (so-called "spam") or irrelevant warnings as to viruses, malfunctioning or similar or request persons to participate in gambling, snowball games, chain letters, pyramid systems or any other similar actions.

8.2
t-s-i.de may block access to the t-s-i.de Website at any time, in particular if the user breaches its duties under these Conditions.

9. Export Requirements

9.1
The exporting of certain information, software and documentation may e.g. on the basis of their nature or use or end destination, be subject to authorization. In regard to such information, software and documentation the user shall strictly observe the applicable export regulations, and in particular those of the EU and the EU member states as well as the United States of America. Insofar as such is necessary, t-s-i.de shall label information, software and documentation in terms of its duty to obtain a permit according to German and EU Export List as well as the US Commerce Control List.

9.2
The user shall in particular check and ensure that

  • the information, software and documentation made available are not intended for any arms-related, nuclear or weapon-related technical use.;
  • no companies and persons contained in the US Denied Persons List (DPL) are delivered with goods originating from the US, or software or technology from the US;
  • no companies and persons listed in the US Warning List, US Entity List or US Specially Designated Nationals List are delivered without applicable permission with US originating products;
  • no companies or persons listed are supplied which are on the List of Specially Designated Terrorists, Foreign Terrorist Organizations, Specially Designated Global Terrorists or the Terrorist List of the EU;
  • no military consignees are supplied;
  • the early-warning systems of the respective German authorities are observed.

Any access to information, software and documentation on the t-s-i.de Website shall only take place if it is in accordance with the abovenamed tests and checks. Otherwise t-s-i.de shall not be obliged to provide any services.

10. Protection of Personal Data

t-s-i.de shall in compiling, using and processing personal data of the user observe the applicable data protection regulations which may be viewed on the t-s-i.de Website.

11. Collateral Agreements, Place of Jurisdiction, Applicable Law

11.1
Any collateral agreements to these Conditions of Use including any amendments of this clause shall be in the written form.

11.2
The place of jurisdiction is, insofar as the user is a merchant in terms of the Commercial Code (HGB), Pirmasens, Germany.

11.3
The individual pages of the t-s-i.de Website are operated by and are the responsibility of t-s-i.de Misch- und Dosiertechnik GmbH. t-s-i.de accepts no responsibility that information, software and/or documentation in the t-s-i.de Website may be called up or loaded down in places outside of the respective country. If users from countries outside of the respective country use the t-s-i.de Website, they are themselves responsible for compliance with the applicable regulations of the respective country. Access to information, software and/or documentation on the t-s-i.de Website in countries in which access is unlawful is not allowed. In such case and in case the user would like to come into commercial contact with t-s-i.de, the user should contact the t-s-i.de representatives in the respective country.

11.4
German law shall apply to the exclusion of the United Nations Convention on the International Sale of Goods (CISG).

11.5
Information zur Online-Streitbeilegung: Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit. Diese Plattform soll als Anlaufstelle zur außergerichtlichen Beilegung von Streitigkeiten dienen, die vertragliche Verpflichtungen von Online-Kaufverträgen und Online-Dienstverträgen betreffen.