Terms and conditions of use
Terms and conditions of use of BEGA Gantenbrink-Leuchten KG Germany, Hennenbusch, 58708 Menden, Germany (hereinafter: "BEGA") for the website www.bega.com
1. Subject of the terms and conditions of use
a. Subject of the terms and conditions of use, public area and user area: BEGA operates a website at www.bega.com for the presentation and promotional marketing of its products (hereinafter “website”). The website is divided into a public area, which every visitor to the website (hereinafter “user”) can access, and an area which a user can use only after registering for a BEGA.com user account (hereinafter “account”) (hereinafter “BEGA.com user area”). The subjects of these terms and conditions of use are (i) the terms and conditions for using the website as a whole and (ii) additional terms and conditions for the user-related BEGA.com user area under the user’s respective account.
b. Agreement concerning the terms and conditions of use: By using this website, the user declares his agreement with these terms and conditions of use to the extent that they concern the public part of the website; these terms and conditions of use shall also apply when the user uses the website or its areas from other websites. When registering the account for the BEGA.com user area, see Item 3.a., the user agrees to the terms and conditions of use as a whole and in particular for the user area; the user is asked accordingly for his agreement which is then recorded electronically when given.
2. General terms and conditions for using the website
a. Free of charge principle for services: No costs or fees are charged by BEGA for the use of the website. Without exception, the services offered on the website are free of charge for the user.
b. Right of modification reserved for free services: BEGA reserves the right to modify, restrict or supplement the free services at any time with future effect. Item 3.c. applies in addition for the BEGA.com user area in the event of modifications to services.
c. Rights to content provided by BEGA: In its relationship with the user, BEGA holds all ownership- and copyright-related rights of use and exploitation to all documents (e.g. product brochures and presentations, plans), photos, drawings, texts, illustrations, computer programs and documentation (hereinafter “software”) (e.g. for light control), data/files (e.g. CAD files), databases/database systems, brands, corporate designations and other protectable content which are provided on the website (hereinafter “BEGA content”). Each use of BEGA content or parts thereof requires prior express written consent from BEGA if such use goes beyond (i) its simple viewing when the website is called up, (ii) the use of BEGA content that can be downloaded separately for a specific purpose and (iii) the free forwarding of BEGA content that can be downloaded separately for a specific purpose to a specialist dealer when the user is an end customer and, for the event that the user is a dealer or specialist dealer, the free forwarding of BEGA content that can be downloaded separately for a specific purpose to end customers.
Where appropriate, the user’s approval for separate terms and conditions of use or those that differ from the above arrangements will be requested and recorded when given; in this case, the content cannot be downloaded without prior approval being given for the special terms and conditions of use.
If the BEGA content is a software, its use permitted without special approval from BEGA is limited, subject to a separate, deviating agreement, to the running of the downloaded software for a specific purpose on a data carrier and to forwarding the software to end customers as well as to running the software by such end customers for a specific purpose if the user is a dealer or specialist dealer. This includes any duplications and backups that are technically required in each case for the above mentioned purposes.
d. BEGA software/Minimum requirements/Installation instructions: If you make use of the free software download function, be sure to refer to the installation instructions provided on the website related to the software. These installation instructions also specify the minimum technical requirements for using the respective software.
e. No assurance of availability for the website and/or services: The website is available to the user solely based on the technical possibilities existing at BEGA and therefore is not available permanently or without interruption. Downtimes are possible in particular due to maintenance work. Downtimes due to technical or other problems beyond BEGA’s control, e.g. force majeure or third-party negligence, cannot be ruled out and are not the responsibility of BEGA.
f. Responsibility according to Telemedia Law: As a supplier of content in accordance with Section 7 Sub-section 1 of the German Telemedia Act (TMG), BEGA is responsible according to general legislation for its own content that is provided for use. A distinction must be drawn between such own content and links to the content provided by other suppliers. BEGA does not check the content of these third-party links. However, if BEGA discovers or learns from third-parties that the content of the third-party website or document to which BEGA has created a link contains unlawful data, BEGA will delete its reference to this offering immediately.
g. Commitment by the user to observe legal provisions and to use the website for its intended purpose: The user is responsible for observing the legal provisions when visiting the website. When using the website, the user is not allowed in particular (i) to violate the rules of common decency, (ii) to infringe industrial property rights and copyright or other ownership rights, (iii) to transmit content with viruses, so-called Trojans or other programs which can damage software or the website (hereinafter “malware”), or (iv) circulate advertising or unsolicited emails (spam) or inaccurate warnings of viruses, malfunctions and the like or solicit participation in lotteries, snowball systems and similar activities. Furthermore the user must refrain from all activities which can (i) overload the website or impair or manipulate the functionality of the website infrastructure in any other way or (ii) endanger the integrity, stability or availability of the website.
h. Limitation of warranty and liability for content provided free of charge: Although the content of the website is created with the greatest of care, BEGA does not guarantee the up-to-dateness, correctness, completeness, non-violation of third-party property rights and copyrights, usability and quality of the freely provided information. Excepting claims involving personal injuries, BEGA shall accept no liability claims against it arising from the use of faulty and/or incomplete information unless BEGA acted with intent or gross negligence. The same applies for the absence of malware from the downloadable content.
i. No binding nature of product information: The information on the website can include specifications or general descriptions of the technical possibilities of products, including their technical dimensions, which do not need to be provided in all cases (e.g. due to product changes). The required performance characteristics of the products and other of their features which might be necessary for the planning and implementation of lighting projects are not agreed therefore until at the purchasing stage.
j. Further limitations to liability for the use of the website: BEGA excludes any liability for damages caused by negligence. Strict liability is also excluded for BEGA with respect to tenancy and lease legislation and similar relationships of use for errors already existing upon signing the contract.
l. Right of modification for the terms and conditions of use: BEGA is authorised to modify and/or supplement these terms and conditions of use at any time with future effect. The current version of these terms and conditions of use can be called up electronically from www.bega.de/nutzungsbedingungen Item 3.b. applies in addition for registered users.
m. Applicable law: The use of the website and the legal relationship between the user and BEGA are subject to German law.
n. Agreed jurisdiction: The competent court for Menden (Sauerland) with regard to subject matter and venue shall be the sole place of jurisdiction in disputes with companies/merchants and legal persons under public law. Also, the competent court for Menden (Sauerland) with regard to subject matter and venue shall be the sole place of jurisdiction if the user is not subject normally to jurisdiction in Germany or moves his place of residence or usual abode outside of Germany after the legal relationship has been established. This arrangement shall also apply if the user’s place of residence or usual abode is unknown.
3. Special terms and conditions for the BEGA.com user area
a. Registration, commencement of the contract of use
i. Access to the BEGA.com user area requires prior registration of an account with specification of at least the mandatory data listed in the registration mask. There is no entitlement to registration in order to use the BEGA.com user area. Registration as a user and technical maintenance of the account are free of charge.
ii. The information provided in the registration must be accurate. Before the registration is completed, the user is given the opportunity to check the information entered and to make any corrections which may be necessary. The data collected during the registration and particularly the mandatory data must be kept correct at all times and be updated by the user as required if any changes occur.
iii. If the registration mask is completed and despatched correctly, BEGA will confirm the registration by e-mail. In this e-mail, the user will be asked to verify his registration and therefore the creation of an account by actuating a link. Verification by BEGA is accompanied by an offer to complete the contract of use. The contract of use then comes into effect between the user and BEGA when the user logs into the account for the first time. Accounts which are not verified in this way will be deleted without replacement ten (10) calendar days after the attempted registration. It is not possible to repeat the registration.
iv. BEGA is prepared to complete a contract of use solely with persons of full age who have unrestricted legal capacity. The registration of a legal person is allowed to be undertaken only by an authorised natural person whose name must be entered.
v. The user undertakes to keep the access data to his account (e-mail address and password) confidential and to protect it from discovery by third parties. BEGA must be notified if there are signs that the access data are known to unauthorised persons. The user shall be liable for all activities which are preformed using his account and/or his access data. This does not apply if the user is not responsible for the misuse of his account and/or his access data.
vi. Multiple registration of one and the same natural person is not permitted.
vii. An account and individual claims from the contract of use against BEGA are not transferable or assignable.
viii. The user is not entitled to make any claims against BEGA if the saving of his project lists and similar compilations of products and/or product information fails the first time or repeatedly. If transmitted or online documents (e.g. as part of a document archive) are needed permanently for a user’s own purposes, the user must save them in his own system or print them out and keep them safe.
b. Change of product features
The user’s attention is drawn to the fact that technical characteristics and the availability of products can change at any time within the scope of applicable law. In this case the content of files (e.g. CAD files) presenting such products will also change accordingly. To the extent that the user creates for example product reminder lists and other collections of information in order to carry out light planning projects, the user should check the corresponding features and availability of the BEGA products used by him for the planning each time before carrying out the planning and certainly before sending the planning documents to third parties, e.g. end customers.
BEGA is not responsible for the consequences of the user not working with the latest information or files.
c. Changing the terms and conditions of use for the BEGA.com user area
i. BEGA is authorised to modify or supplement the terms and conditions of use for the BEGA.com user area at any time with future effect. BEGA will indicate this to the user by entering the changed terms and conditions in text form in the account, at least by displaying the new terms and conditions of use to the user when he first logs onto the account. If required, the changes will also be announced to the user by separate e-mail. The user will receive the opportunity on each occasion to give his acceptance of the changed and/or supplemented terms and conditions of use.
ii. If the user rejects the changed terms and conditions of use, the new terms and conditions will not become the content of the contract of use. BEGA is then authorised to terminate the contract of use for cause and to delete the account. Before the account is deleted, the customer will be given the opportunity directly as part of the procedure specified in Paragraph i., i.e. when logging into his account and/or reading the e-mail in which attention is drawn to the new terms and conditions of use, to download the content of his account in full, given that the possibility of saving files in the account exists, and then to completely delete the account himself. If the user does not take this opportunity to download the information, BEGA will be entitled to delete the account after four weeks.
d. Effective term, termination, deletion, blocking and ending of the contract of use
i. The contract of use is established indefinitely. It can be ended at any time by either the user or BEGA. The customer can end the contract of use by deleting the account. BEGA can end the contract of use at any time by giving four weeks’ notice.
ii. BEGA is entitled but not obligated to delete an account which has not been used for more than one year at least by the user logging on. BEGA will notify the user about an imminent deletion at least four weeks in advance by e-mail or will remind the user about the existence of the unused account. The user agrees herewith to the contract of use being ended in the event of the account not being used for more than one year.
iii. If the account is deleted by the customer in accordance with Item 3.d.i. Sentence 2 or if termination by BEGA becomes effective, all of the user’s data will be irrevocably and completely deleted from the BEGA database. The customer will be informed about these consequences by receipt of the termination from BEGA.
iv. BEGA is entitled for an objective reason and for the duration of the existence of the objective reason or until it is eliminated to block at any time a user’s authorisation of access to the BEGA.com user area created for him by deactivating the account. The data in the blocked account are preserved when access is blocked. An objective reason exists in particular when (i) the user provided incorrect information for his registration, (ii) the user fails to comply with these terms and conditions of use or his obligations to exercise due diligence when handling the access data, or (iii) the user violates applicable law when accessing or using the website.
v. No services can be received or called on for the duration of the account’s deactivation by the administrator or after its deletion. Nor is it possible for the duration of the deactivation and after deletion to call up any data saved in the account.
vi. The contract of use can be terminated for cause without notice by either party. Cause can be in particular a serious infringement of the contract by the user, e.g. violations of statutory regulations or a serious violation of Section 3 of these terms and conditions of use.
vii. After the contract of use is ended and/or after the account is deleted, the user may, in principle, register again.