Terms of use of BEGA Gantenbrink-Leuchten KG Germany, Hennenbusch 1, 58708 Menden, Germany (hereinafter: "BEGA")
BEGA operates a website at www.bega.com for the presentation and promotional marketing of its products (hereinafter referred to as “website”). The website is divided into a public area, which every visitor to the website (hereinafter referred to as “user”) can access, and an area (hereinafter referred to as “private user area”) which users can only access after registering. The subject matter of these terms of use consists of (i) the terms and conditions for using the website as a whole and (ii) additional terms and conditions for the private user area.
a. User account: Refers to the area of the BEGA website accessible to individual users via their BEGA ID, in which they can, for example, create and save project lists.
b. BEGA ID: BEGA ID refers to the user access data allowing the user to access the private area of the website. This consists of the email address specified by the user and a self-determined password.
c. Private user area: Generally refers to the area of the website that users can only access after prior registration, i.e. creating a BEGA ID. Special features are available here, such as creating project lists and accessing information.
d. Watch list: The watch list can be used to collect information about an individual selection of products on the BEGA website for the duration of the visit.
e. Project list: The project list in the private area of the website can be used to collect information about an individual selection of products on the BEGA website for the duration of the visit.
a. By using the 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 parts of it from other websites.
b. When registering for a BEGA ID and thereby a user account for the private user area, the user agrees to the terms of use as a whole and in particular for the private user area; consent will be requested from the user and recorded electronically when given.
a. Services free of charge: BEGA does not charge any costs or fees for the use of the website it provides. Free services and benefits are offered exclusively to users as part of the website service.
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. Section 5.c. also applies to the private user area in the event of modifications to services/benefits.
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 for all documents, e.g. product brochures and presentations, plans, photos, drawings, texts, illustrations, computer programs and documentation, data/files (e.g. CAD files), databases/database systems, brands, corporate designs and other protectable content that is provided on the website (hereinafter referred to as “BEGA content”). Any use of BEGA content or parts thereof requires prior express written consent from BEGA if such use goes beyond (i) simply viewing content 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, please ensure that you refer to the installation instructions relating to the software which are provided on the website. These installation instructions also specify the minimum technical requirements for using the respective software.
e. No guarantee of website availability: The website provided by BEGA is available to the user solely based on the technical possibilities existing at BEGA and is therefore not available permanently or, if applicable, without interruption. Downtimes are possible in particular due to maintenance work. Downtimes due to technical problems or problems of another nature that are 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 service immediately.
g. Commitment by the user to observe statutory provisions and to use the website for its intended purpose: The user is responsible for observing statutory provisions when visiting the website. When using the website, the user is not permitted in particular (i) to violate the rules of common decency, (ii) to infringe industrial property rights, copyrights, or other ownership rights, (iii) to forward content with viruses, so-called Trojans or other programs that can damage software or the website (hereinafter referred to as “malware”), or (iv) to circulate advertising or unsolicited e-mails (spam) or inaccurate warnings of viruses, malfunctions and the like, or to solicit participation in competitions, snowball systems and similar activities. Furthermore, the user must refrain from all activities that could (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 availability or quality of information provided free of charge, nor that such information is up to date, correct, complete, or free from third-party property rights and copyrights. Except for claims involving personal injuries, no liability claims made against the BEGA will be accepted if they arise from the use of inaccurate 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 product information of a binding nature: The information offered on the website may include specifications or general descriptions of the technical options for products, including their technical dimensions, that may not be available all cases (e.g. due to product modifications). For this reason, the required product performance characteristics and other product features that might be necessary for the planning and implementation of lighting projects will only be stipulated upon purchase.
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.
k. Privacy policy: Matters relating to data protection are governed by the separate privacy policy.
l. Right to modify 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 most recent version of these terms and conditions of use is available online at www.bega.com/de/legal/nutzungsbedingungen. For users who have a BEGA ID, Section 5.c. also applies
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.
a. Registration, commencement of the contract of use
i. Access to the private user area requires prior registration of an account and the associated assignment of a BEGA ID. There is no entitlement to registration for using the user area. Registration as a user and technical maintenance of the user account are provided free of charge.
ii. The information provided in the registration must be accurate. 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 their registration, and therefore the creation of a BEGA ID and associated user account, by clicking a link. Verification by BEGA is accompanied by an offer to conclude a user contract. The user contract comes into effect between the user and BEGA when the user logs into their user account for the first time using their BEGA ID. Any BEGA ID that is not verified in this way may be deleted without possibility of replacement ten (10) calendar days after the attempted registration. It is not possible to repeat the registration.
iv. BEGA is only prepared to conclude a user contract with persons aged 18 or over 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 must undertake to keep their user account access data secret, and to protect this data from discovery by third parties. This access data is the user’s individual BEGA ID. BEGA must be notified if there are signs that the access data are known to unauthorised persons. The user shall be liable for all actions carried out using their user account and/or access data. This does not apply if the user is not responsible for the misuse of the user account and/or BEGA ID.
vi. Multiple registration of one and the same natural person is not permitted.
vii. User accounts or individual claims against BEGA arising from the user contract may not be transferred or assigned.
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 to product features: The user should note 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 presenting such products (e.g. CAD files) will also change accordingly. For example, if the user creates watch lists and other collections of information in order to carry out lighting design projects, the user should check the corresponding features and availability of BEGA products used before implementing each planning stage, and certainly before sending the planning documents to third parties, such as end customers.
BEGA is not responsible for any consequences that arise if the user is not working with the latest information or files.
c. Changing the terms and conditions of use for the user area
i. BEGA reserves the right to modify or amend the terms of use for the private user area at any time with future effect. BEGA will indicate this to the user by displaying the changed terms and conditions in the user account in text form, at least by showing these new terms and conditions of use to the user the first time they log into the user account after the change has been made. If required, the changes will also be announced to the user in a separate email. The user will have the opportunity to confirm their acceptance of the changed and/or amended terms of use.
ii. If the user rejects the changed terms and conditions of use, the new terms and conditions will not become part of the contract of use. BEGA is then authorised to terminate the user contract for good cause and delete the user account.
d. Effective term, termination, deletion, blocking and ending of the user contract
i. The user contract is established indefinitely. It can be ended at any time by either the user or BEGA. The user can terminate the user contract by deleting their user account, which will result in the loss of the BEGA ID. BEGA can end the contract of use at any time by giving four weeks’ notice.
ii. BEGA is entitled but not obligated to delete a user account that has not been used for more than one year by the user at least logging in. BEGA will notify the user about an imminent deletion at least four weeks in advance by email, or remind the user about the existence of the unused user account. The user hereby agrees that the user contract will be terminated in the event that the user account is not used for more than one year.
iii. All of the user’s data shall be irrevocably and completely erased from the BEGA database if the user deletes their user account pursuant to Section 5.d.i. Sentence 2 or if termination by BEGA becomes effective. The user will be informed about these consequences by receiving the termination notice from BEGA.
iv. If an objective reason exists, and as long as the objective reason exists or until it is eliminated, BEGA is authorised to block a user’s right of access to the user area at any time by deactivating the account. Data will be preserved when access is blocked. An objective reason exists in particular if (i) the user has registered with incorrect information, (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 the applicable law when accessing or using the website.
v. No services can be received or accessed, and no data stored in the user account can be accessed while the account is deactivated or after it is deleted.
vi. The contract of use can be terminated for cause without notice by either party. Good 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 5 of these terms and conditions of use.
vii. After the user contract has ended and/or after the user account is deleted, the user may, in principle, register again.