General Terms and Conditions
1. Scope
1.1 These Terms of Use apply to any use of the website provided by LECHO GmbH and its affiliates ("LECHO") (the "LECHO Website"). The Terms of Use may be modified, adapted or replaced by other terms (e.g. terms of purchase of products and services). By logging in or accessing or using the LECHO Website without logging in, you are deemed to have accepted the then-current version of the Terms of Use.
1.2 Unless otherwise stated, these Terms of Use do not apply to access to other websites through the LECHO website.
2. Services
2.1 The LECHO website includes specialised information, software and related documentation (as the case may be) for viewing or downloading.
2.2 LECHO may discontinue the operation of the LECHO website, in whole or in part, at any time. Due to the nature of networks and computer systems, LECHO does not assume any obligation for the continued operation of the LECHO website.
3. Registration and Password
3.1 Some pages of the LECHO website require a password for access. In order to guarantee the security of commercial transactions, only registered users can access the said pages.LECHO reserves the right to refuse to accept the registration of any user.LECHO reserves in particular the right to change previously freely accessible pages to pages accessible only by registration.LECHO reserves the right to prohibit the user from accessing the password-protected pages by freezing the user's information (as defined below) at any time and without having to give a reason for doing so. In particular, if the user:
• - Use of false information for registration purposes;
• - Violation of the terms of use or breach of the duty of care with respect to user information;
• - Violation of relevant laws in the course of accessing or using the LECHO website;
• - or not to use the LECHO website for an extended period of time.
3.2 The User shall provide accurate information during the registration process and shall promptly update such information (online to the extent possible) within a reasonable period of time in the event of a change in information. The User shall ensure that the e-mail address provided to LECHO is a valid contact e-mail address at all times.
3.3 Upon registration, the User will be provided with an access code including a username and password ("User Information"). As soon as possible after the first access, the User should change the password provided by LECHO. The User Information can be used to view or modify personal information or to cancel his/her consent to data processing.
3.4 Users shall ensure that User Information is not obtained by third parties and shall be responsible for transactions or other activities conducted with their User Information. After each login, the User shall log out of the password-protected pages. If the User becomes aware that a third party is using his/her User Information inappropriately, he/she shall notify LECHO of this in writing or by e-mail without delay.
3.5 Upon receipt of the information in Article 3.4, LECHO shall deny access to the password-protected web pages with the User's information. The User shall be required to apply for or re-register with LECHO in order to gain access. 3.6 Without prejudice to the fulfilment of the contract, the User may at any time request in writing the termination of his registration. In this case, LECHO shall delete all user information and other stored identifiable personal information of the user when it is no longer required.
4. Right to use information, software and documentation
4.1 The use of any information, software and documentation provided on the LECHO website (hereinafter referred to as "Information, Software and Documentation") shall be governed by the Terms of Use and, in the case of updates to the Information, Software and Documentation, by the terms of a licence previously agreed with LECHO. Separate licence terms shall prevail over the Terms of Use.
4.2 LECHO grants the User a non-exclusive and non-transferable licence (i.e. no sub-licensing is permitted) to use the information, software and documentation obtained from the LECHO website within the scope of the licence, and in the absence of an agreement to the contrary, to use it in conformity with the purposes for which the said information was provided by LECHO.
4.3 The Software shall be provided free of charge in object code. Unless otherwise agreed, the user shall not be entitled to the source code.
4.4 Under no circumstances may the user transfer, rent or otherwise make available information, software and documentation to third parties. Unless otherwise provided by mandatory law, the user shall not modify the software, documentation, nor shall he disassemble, reverse engineer and decode the software or its components. The user may retain copies of the software for backup purposes if necessary to ensure further use of the software in accordance with these terms of use.
4.5 Information, software and documents are protected by copyright laws, international copyright conventions or other laws and conventions relating to intellectual property. Users shall comply with the aforementioned laws and, in particular, shall not modify, conceal or remove any alphanumeric codes, logos or copyright notices from the information, software, documents and copies thereof.
5. Intellectual property rights (law)
5.1 The information, trademarks and other content of the LECHO website may not be modified, copied, reproduced, sold, rented, used, increased or otherwise exploited without the prior written consent of LECHO.
5.2 Except for the rights of use or other rights expressly granted herein, the User shall have no other rights and shall not be entitled to request the grant of any other rights. Any and all patent rights and licences are expressly excluded from these Terms of Use.
6. User Obligations
6.1 Users shall not, in the course of accessing or using the LECHO website:
• - Harming others, especially children, or violating their personal rights;
• - Used in a manner contrary to public morals;
• - Violate any intellectual property or other property rights;
• - upload any files containing viruses, Trojan horses, or other programmes that may damage data;
• - Transmitting, storing or uploading links or content to which the user does not have rights, in particular if the link or content violates confidentiality obligations or is illegal;
• - posting advertisements or automated e-mails ("spam") or inaccurate warnings of viruses, defects or similar documents, in which the User may not be induced or required to participate
• - any sweepstakes, snowball systems, character chains, tarot card games or similar activities.
6.2 LECHO may deny the User access to the LECHO Website at any time, in particular if the User is in breach of his/her obligations under the Terms of Use.
7. Links
The LECHO website may contain links to third-party web pages, for the content of which LECHO is not responsible, nor does it assume ownership of the pages and their content, as LECHO has no control over the information contained therein and is not responsible for the content and information contained therein. The user uses the above mentioned pages at his/her own risk.
8. Liability for defects in rights and quality
8.1 As the information, software or documentation provided is made available to the user free of charge, any warranty obligations regarding defects in the quality and rights of the information, software or documentation, in particular regarding accuracy, freedom from defects, freedom from requests or third-party claims or adequacy and/or fitness for purpose, are hereby expressly excluded, with the exception of wilful misconduct or fraud.
8.2 The information on the LECHO website may include detailed descriptions or general descriptions of the technical possibilities of a particular product, which may not be available in some cases (e.g. due to product variations). The quality of the product should therefore be confirmed by both parties at the time of each purchase.
8.3 use of the lecho site is at your sole risk. lecho disclaims all warranties with respect to the information provided, including any implied warranties and conditions of merchantability, fitness for a particular purpose, title, course of dealing, or trade practice. LECHO shall not be liable for any warranty claims or damages, whether or not arising at law, whether or not expressly stated in contracts and warranties, whether or not satisfactory remedies are available, whether or not there is a tort, whether or not a limitation of liability applies, whether or not a claim for indemnification or other assertion has any basis in law, and in particular shall not be liable for damages resulting from the provision of advice and assistance during setup and from business interruption or software defects.
9. Other obligations, viruses
9.1 LECHO's obligations with respect to defects in quality and rights shall be determined in accordance with Article 8 of the Terms of Use. Any other obligations of LECHO are excluded unless required by law (e.g. product liability law) or due to intent or gross negligence, personal injury or death, failure to fulfil the guaranteed characteristics, fraudulent concealment of defects or breach of fundamental contractual obligations. Damages for breach of a fundamental contractual obligation are limited to foreseeable losses that are normally provided for in the contract, unless the breach is intentional or due to gross negligence.
9.2 Although LECHO endeavours to keep its website free from viruses, it is not able to provide any guarantees in this regard. For the purpose of self-protection, users should take the necessary security measures and check for the presence of viruses before downloading information, software and files.LECHO will not be held liable for any loss, damage or injury to any user caused by viruses.
10. Export Controls
10.1 The export of certain information, software and documentation is subject to authorisation if it is due to its properties, purpose of use or end-use location. Users shall strictly observe the regulations governing the export of information, software and documents, in particular those of China, the EU, EU member states and the U.S.A. LECHO shall identify information, software and documents related to the Chinese, German and EU export control lists and the U.S.A. Commerce Control List.
10.2 The user should specifically check and confirm:
• - Information, software and documentation must not be used for military, nuclear technology or weapons;
• - Goods, software or technology originating in the United States are not provided to organisations or persons listed on the United States Denied Persons List;
• - Not to provide the above information to persons and organisations listed on the US Warning List, Entity List or Specially Designated List without authorisation;
• - Not supplying products to organisations or persons listed on any Specially Designated Terrorist List, Foreign Terrorist Organisations List, Specially Designated International Terrorists List or EU Terrorist Organisations;
• - Not to supply products to military agents;
• - Warning instructions from various German and Chinese governmental authorities should be observed.
Access to information, software and documentation is only possible subject to the above guarantees and checks. If the user does not comply with the above, LECHO does not fulfil its obligations.
10.3 Upon request, LECHO shall provide the user with contact information for further information.
11. Information confidentiality
The collection, use and processing of user-identified information on the LECHO website shall be subject to LECHO's compliance with the relevant confidentiality laws and the LECHO Online Data Privacy Policy, which is available via a link to the LECHO website or at www.lecho-electrics.com.
12. Supplementary agreements, place of jurisdiction and application of law
12.1 Any supplementary agreement must be in writing.
12.2 All disputes arising out of or in connection with these Terms of Use shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in accordance with its valid arbitration rules. The arbitration tribunal shall consist of three arbitrators. The place of arbitration shall be Beijing. The language of the arbitration shall be English.
12.3 The pages on the LECHO website are operated and managed by LECHO and its affiliates. They are subject to the laws in force in the countries in which they operate and LECHO does not warrant that the information, software and/or documentation on the LECHO website is appropriate or available for downloading or browsing outside those countries. If a user accesses the LECHO Web Site from a location outside that country, the user is solely responsible for compliance with the laws in effect in that location. Access to information, software and/or files on the LECHO Web Site from a country where some of the content of the LECHO Web Site is considered illegal is prohibited. In such cases, if the User seeks to transact business with LECHO, the User should contact the LECHO representative in that country in order to tailor the transaction to the specific circumstances of that country.