Terms and conditions of use

1. Terms and Conditions of Use – Scope

1.1. These Terms and Conditions of Use apply between you (“User”) and Protektorwerk Florenz Maisch GmbH & Co. KG, Viktoriastrasse 58 in 76571 Gaggenau, Germany, for all types of utilisation of the website www.protektor.com.

1.2. We reserve the right to amend, supplement or modify these General Terms and Conditions of Use at any time. Utilisation of our websites www.protektor.com and www.protektor.de is governed solely by these Terms and Conditions of Use. By using our website, User consents to our General Terms and Conditions of Use. User is not entitled to demand utilisation of the website.

2. Content/Performance
2.1. We provide User with information – particularly product information relating to construction profiles – on our websites www.protektor.com and www.protektor.de.

2.2. The content on our website is free of charge and freely accessible, albeit subject to compliance with our Terms and Conditions of Use at all times. Registration to use the content is generally not necessary. Registration is currently only required for the extranet. We reserve the right to make certain other areas subject to registration.

2.3. User shall bear all costs associated with the utilisation. User shall have no claim whatsoever to reimbursement of the costs from us.

2.4. We reserve the right to amend the content of our websites www.protektor.com and www.protektor.de at any time. Any amendments are at our sole discretion. We may discontinue operation of the website in part or in whole at any time. In light of the nature of the internet, we accept no liability for our website being available at all times.

2.5. Our website is regularly updated. User is not entitled to demand updates. Any updates are at our sole discretion.

3. Rights of Use

3.1. The utilisation of the information provided on our website is subject only to our Terms and Conditions of Use, as amended in each case when the information is accessed. The agreement of additional terms and conditions – governing downloads, for example – take precedence over these Terms and Conditions of Use.

3.2. We grant User a non-exclusive, non-transferable, freely revocable right to use the information provided on our website to the extent that has been agreed or – in the absence of an agreement – that is consistent with the aim we are pursuing in making the content available and accessible. Accordingly, User is generally entitled to read the content provided free of charge. User is also permitted to make individual copies of the content available for download on our website, albeit solely for private purposes, not for commercial use. Accordingly, User may print or download appropriate content. User is also entitled to cite our website to the extent legally permitted under Section § 51 of German Copyright Law [UrheberG]. Any copyright notices, trademarks or other caveats in the contents must not be removed. Further rights are not granted to User and are therefore subject to our express written consent.

3.3. In particular, User must desist from selling information to third parties or making other use of the content.

3.4. The aforementioned is without prejudice to Sections 69 a ff UrheberG.

4. Rights, Intellectual Property

We reserve all rights to all information and content. Accordingly, information, brands or other content may not be copied, amended, duplicated, sold or otherwise used without our written consent. No other rights of any nature are granted to User beyond those granted under these Terms and Conditions of Use. Equally, we are under no obligation whatsoever to grant User further rights. If User submits information or other suggestions, we are entitled to make use of them free of charge for appropriate development, improvement, or selling purposes.

5. Privacy

We are committed to complying with legal regulations governing privacy. In this respect, the Privacy Agreement that can be downloaded below applies and forms an integral part of our contractual agreement.

6. User’s Responsibilities

6.1. User may not use the information and content provided on our website for purposes that contradict our General Terms and Conditions of Use. User also undertakes to desist from any illegal or unlawful use of the information and content provided on our website.

6.2. User undertakes to exercise as much care as possible to check emails sent by User to us and to use appropriate anti-virus programmes. When using our website, User must not violate standards of common decency, infringe any of our rights, especially industrial property rights, or send content containing any viruses, Trojans or other faults. Equally, User may not enter or send any hyperlinks or other content without express authorisation. User may not circulate any unsolicited emails or other impermissible advertisements.

6.3. We are entitled to block User’s access at any time at our own discretion. We explicitly point out that violating our General Terms and Conditions of Use could give rise to liability for damages on User’s part. User exempts us from any and all claims asserted by third parties on grounds of User’s impermissible usage behaviour. User undertakes, moreover, to pay all costs and expenses incurred as a result of, or in connection with, User’s illegal utilisation.

7. Disclaimer
We provide information and content free of charge on our websites. Liability for any defects – especially defects of quality or title and especially for the correctness, faultlessness, completeness or existence of industrial property rights – is excluded except in cases of premeditation or wilful intent.

The information we provide is by no means conclusive and should only be construed as exemplary. To the extent that technical content or other specifications are published, User is responsible for checking them personally.

8. Links

We accept no liability for external content that is offered on our website unless we are aware that the content is illegal. We do not adopt external content as our own. We are under no obligation to check external content nor the information and content provided therein. Accordingly, User utilises external content at their own risk. User is not entitled to insert links to the homepage or any other pages on our website without our express written consent. If User would like to add a link to their own website to our website, they should submit an appropriate request by email to info@protektor.com.

9. Further Terms and Conditions of Use
We reserve the right to specify separate Terms and Conditions of Use for certain information and content.      

10. General Information

10.1. Supplementary agreements must be executed in writing.

10.2. If User is a merchant as defined by the German Commercial Code, the court of jurisdiction is 76571 Gaggenau, Germany. German law applies; the provisions of UN commercial law are excluded.

10.3. If one of the provisions of these Terms and Conditions of Use is or becomes partially or wholly invalid, this will not affect the validity of the remaining provisions. The invalid terms and conditions of use will be replaced with valid terms and conditions that most closely resemble the Terms and Conditions of Use in their entirety and any other contractual agreements in respect of the actual, legal and commercial purpose. The same applies if our Terms and Conditions of Use are found to contain omissions.

11. Company details

PROTEKTORWERK Florenz Maisch GmbH und Co. KG
Viktoriastraße 58
D-76571 Gaggenau

Register court Mannheim HRB 520033

info@protektor.com
http://www.protektor.com

Managing Directors: Dr. Christof Maisch (Chairman of the Management Board), Martin Barsch, Dr. Andreas Metzger, Dr. Heiner Willerscheid

Phone: +49 (7225) 977 - 0
Fax: +49 (7225) 977 - 111