TERMS AND CONDITIONS OF USE
valid from 2016 April, 01
CENTRIO GmbH & Co. KG with its headquarters in Germany, 89264 Weißenhorn, Rudolf-Diesel-Straße (hereinafter referred to as “CENTRIO”) provides entrepreneurs and consumers (hereinafter referred to jointly as “Users”) under the domain www.centrio.de with a website (herein referred to as “CENTRIO Website”).
1. Scope of application
1.1. These Terms and Conditions are a translation of the original version in German. The wording of these Terms and Conditions is always to be interpreted based on the original German version.
1.2. These Terms and Conditions apply solely for the use of the domain www.centrio.de. Separate terms and conditions of use apply for other websites and domains provided by CENTRIO.
1.3. The other business relationships will not be affected by these terms and conditions.
1.4. By using the CENTRIO Website, the user declares his or her agreement with the validity of these terms and conditions.
2. Protective clause
Unless another contractual agreement is explicitly reached, solely these Terms and Conditions apply for using the CENTRIO Website. Other regulations, in particular the user’s general terms and conditions of business, do not become a component of the contract, even if CENTRIO does not explicitly contradict them.
3. Services of CENTRIO and granting of the right of use to the CENTRIO Website
3.1. On the CENTRIO Website, CENTRIO provides both – information on CENTRIO products and projects in the form of illustrations, renderings, drawings and photographic recordings, graphics (hereinafter referred to jointly as “Images”) and texts as well as – software in the form of web-based applications (hereinafter referred to jointly as “Information and Software”) for retrieval or downloading.
3.2. All Images are momentary snapshots. CENTRIO is not obligated to depict all individual parts and elements of a CENTRIO product in the Images.
3.3. With the provision of Information and Software, CENTRIO grants the user a non-exclusive and non-transferable right to use the Information and Software as it is agreed, or if nothing is agreed, as it corresponds to the purpose pursued by CENTRIO when making available and providing the CENTRIO Website.
4. Purpose of the CENTRIO Website
The purpose of the CENTRIO Website is to provide the user with information.
5. Rights of use to the CENTRIO Website
5.1. The use of the CENTRIO Website and the Information and Software provided by the CENTRIO Website is subject to these Terms and Conditions, unless other CENTRIO terms and conditions of use take precedence over these terms and conditions.
5.2. The CENTRIO Website, the information and the software may not be sold, leased or licensed by the user to third parties, or be provided for their use in other ways. Unless otherwise permitted by mandatory legal regulations, the user may not change or reverse engineer or translate the Information and Software, nor may he or she remove parts from them.
5.3. The information and the software on the CENTRIO Website are protected both by copyright laws and also by international copyright contracts and by other laws and agreements regarding intellectual property. The user will comply with the laws pursuant to the aforementioned clause, in particular shall not remove alphanumerical codes, trademarks and copyright notices from the Information and Software or copies thereof. For the rest, sections 69a et seq. of the Copyright Act (UrhG- Gesetz über Urheberrecht und verwandte Schutzrechte) remain unaffected.
5.4. Information, brand names and other content may not be copied, reproduced, leased, used, supplemented or otherwise used without prior written consent from CENTRIO.
5.5. The use of the CENTRIO Website is currently not restricted in regard to time.
6. Obligations of the user
6.1. When using the CENTRIO Website, the user may not
6.1.1. breach good morals with his or her usage behaviour;
6.1.2. breach industrial protection and copyrights or other property rights;
6.1.3. communicate content with viruses, so-called Trojan horses or other programming that can harm the Information and Software.
6.2. The user is obligated to arrange safety precautions and anti-virus software on his/her devices himself/herself.
7.1. CENTRIO does not give any guarantees or assurances. In particular, CENTRIO does not warrant that the information provided to the user on the PERI Website is correct, complete and current.
7.2. PERI does not provide any warranty for the CENTRIO Website being available at all times or it being free of technical faults.
The CENTRIO website may contain hyperlinks to websites of third parties. CENTRIO does not assume responsibility for the content of the websites of third parties nor does CENTRIO adopt these websites and its content as its own because CENTRIO does not check the linked information and is also not responsible for the content and information provided there. The hyperlinks are used at the user’s own risk.
9. Liability for legal and material defects
If Information and Software is provided free of charge to the user on the CENTRIO Website, liability on the part of CENTRIO for material and legal defects in the Information and Software, in particular for their correctness, freedom from errors, freedom from protection and copyrights of third parties, completeness and/or usability, is excluded, except in the case of willful intent or malice. The same exclusion of liability applies for possible damages that are caused by the use of Software provided on the CENTRIO Website.
10. Other liability, viruses
10.1. The liability of CENTRIO for material and legal defects is based on the provisions in Clause 9. For the rest, any liability on the part of CENTRIO is excluded, if liability is not mandatory pursuant to the German product liability law (Produkthaftungsgesetz), due to willful intent, gross negligence, due to injury to life, body or health, due to the assumption of a guarantee for quality, due to fraudulent concealment of a defect or due to the breach of fundamental contractual obligations. The compensation claim for the breach of fundamental contractual obligations, however, is restricted to the predictable damage typical of this type of contract, unless wilful intent or gross negligence exists.
10.2. Although CENTRIO strives at all times to keep the CENTRIO Website free of viruses, CENTRIO does not guarantee any freedom from viruses. Before downloading Information and Software, the user will arrange appropriate safety equipment and virus scanners for his or her own protection and for the prevention of viruses on the CENTRIO Website.
10.3. A change in the burden of proof to the disadvantage of the user is not associated with the regulations above in Clauses 10.1 and 10.2.
10.4. If the liability of CENTRIO is excluded or restricted, the same also applies for the liability of legal representatives, employees or vicarious agents of CENTRIO.
11. Further development / termination
11.1. CENTRIO is not obligated to further develop or enhance the CENTRIO Website and the Information and Software provided there to the user.
11.2. CENTRIO also reserves the right to terminate the provision of the CENTRIO Website at any time and without giving reasons.
12. Data protection
The regulations regarding data protection can be found in the data protection declaration that can be found at https://www.centrio.de/en/privacy-policy/
13. Amendment of the Terms and Conditions of Use
CENTRIO reserves the right to amend these Terms and Conditions of Use at any time. There will be no explicit reference to the amendment of the Terms and Conditions of Use.
14. Choice of law
The law of the Federal Republic of Germany shall apply exclusively – as it is legally permitted, with preclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
15. Place of jurisdiction
15.1. The place of jurisdiction for all disputes arising from the contractual relationship is the headquarters of CENTRIO GmbH & Co. KG, Rudolf-Diesel-Straße 19, 89264 Weißenhorn, GERMANY. The regulation of the clause above only applies if the user is not a consumer pursuant to Section 13 of the German Civil Code (BGB – Bürgerliches Gesetzbuch).
15.2. CENTRIO reserves the right to file legal action at the user’s statutory place of jurisdiction.
16. Place of fulfillment
The place of fulfillment is the headquarters of CENTRIO GmbH & Co. KG, Rudolf-Diesel-Strasse 19, 89264 Weissenhorn, GERMANY.
17. Contacting CENTRIO
Please address questions regarding the use of the CENTRIO Website via e-mail to the following e-mail address: email@example.com.