Scope of application
1.1 These General Terms and Conditions of Use may occasionally be supplemented, modified or replaced by further terms and conditions, such as those governing the purchase of products and/or services. By logging in, or by starting to use the Website in any other way should a separate login not be required, the user accepts the validity of these Terms and Conditions of Use as amended.
1.2 Where the user in question is acting as or on behalf of a company, i.e. by operating in a commercial or self-employed capacity, or on behalf of a public-law body when using the Website, Sec. 312e paragraph 1 sentence 1 no. 1-3 BGB (German Civil Code) does not apply.
2.1 Nordzucker makes certain information and software, where applicable in addition to documentation, available to view or download and/or provides opportunities for communication.
2.2 Nordzucker is entitled to suspend the operation of the Website, either in full or in part, at any time. Due to the nature of computer systems and the internet, Nordzucker cannot guarantee that the Website will be available without interruptions.
3.1 Some of the pages of the Website may be password-protected. In the interest of business security, these pages may only be accessed by registered users. The option to register is available within the application in question. The users have no unconditional entitlement to be registered by Nordzucker, and these pages may only be accessible to certain users. In particular, Nordzucker reserves the right to introduce a registration obligation for websites that were previously publicly accessible. Nordzucker is authorized to revoke access right at any time by blocking an account without having to state any reasons, in particular, however, if the user in question
- provided incorrect information upon registering,
- violated these Terms and Conditions or his/her duty of care when handling login details,
- violated applicable law (where applicable, special agreements upon registering) when accessing or using the Website or
- does not use the Website over a longer period of time.
3.2 If registration is required, the user is obliged to provide truthful information upon registering and notify Nordzucker without delay if this information changes at a later date (if possible, online). The user is responsible for ensuring that they can receive the emails sent to the email address provided by them.
3.4 The user shall ensure that their account details are not made accessible to third parties and is liable for any orders issued or other activities performed under this account. The user shall log out of the password-protected area after each use. Should the user become aware of third parties using their account in an improper manner, they shall notify Nordzucker of this without delay in writing, where applicable by email in advance.
3.5 After receiving the notification pursuant to sub-section 3.4, Nordzucker will block access to the password-protected area for the account in question. The block may only be lifted following a separate request from the user to Nordzucker or following another registration attempt.
3.6 The user is entitled to request that their registration be deleted at any time, provided this does not present an obstacle to the processing of ongoing contractual relationships. If this is the case, Nordzucker shall delete all user data and other personal data of the user that has been saved as soon as this data is no longer required.
Right of use with respect to information, software and documentation
4.1 The use of any information, software and documentation provided on the Website is subject to these Terms and Conditions or, where this information, software or documentation is updated, to licence terms and conditions previously agreed with Nordzucker and effective in that respect. Any licence terms and conditions that have been agreed separately take precedence over these General Terms and Conditions.
4.2 Nordzucker grants the user a non-exclusive and non-transferable right to use the information, software and documentation provided on the Website to the extent agreed or, if said extent has not been expressly agreed, to the extent that corresponds to the purpose pursued by Nordzucker in providing and transferring this information, software and documentation.
4.3 The software is transferred in a machine-readable format, free of charge. There is no entitlement to the issue of the source code. This does not include source code for open source software whose licence terms and conditions take precedence over these Terms and Conditions regarding inclusion of the source code with the transferred work. In this case, Nordzucker shall make the source code available in return for the reimbursement of expenses.
4.4 The user may not distribute or lease out information, software or documentation at any point in time, nor transfer these in any other way. Unless alternative arrangements are permitted by binding legal provisions, the user may not modify, reverse engineer or translate the software or the accompanying documentation, nor release parts thereof. The user may create a backup copy of the software if said copy is required to safeguard future use of the software in accordance with these Terms and Conditions of Use.
4.5 The information, software and documentation are protected both by copyright laws and by international copyright agreements, and by any other laws and agreements concerning intellectual property. The user shall comply with said laws; in particular, they shall not remove any alphanumerical identifiers, trademark or copyright notices from the information, software or documentation, or from copies thereof.
4.6 Beyond the above, Sec. 69a et seqq. UrhG (German Copyright Act) is unaffected in its validity.
5.1 Irrespective of the special provisions set out under sub-section 4 of these Terms and Conditions of Use, information, brand names and other website content may not be modified, copied, duplicated, sold, leased out, used, supplemented or exploited in any other way without the prior consent of Nordzucker.
5.2 Apart from the rights of use or other rights expressly granted herein, no other rights are granted to the user, irrespective of their nature, in particular the right to the company name and any industrial property rights such as patents, registered designs or trademarks, nor is Nordzucker under any obligation to grant said rights.
Duties of the user
6.1 When using the Website, the user may not:
- cause damage to individuals, in particular minors, or violate their personality rights;
- offend common decency with their user conduct;
- violate industrial property rights or copyrights, or any other intellectual property rights;
- transmit material containing viruses, so-called trojans or other programs that may damage the software;
- enter, save or send hyperlinks or content without being authorized to do so, in particular if these hyperlinks or content violate confidentiality obligations or are against the law; or
- distribute advertisements or unwanted emails (“spam”) or misleading warnings about viruses, malfunctions and similar, or incite others to take part in raffles, Ponzi schemes, chain letters, pyramid schemes and comparable initiatives.
6.2 Nordzucker is entitled to block access to the Website at any time, especially if the user violates their obligations arising from these Terms and Conditions.
The Website may contain hyperlinks to third-party websites. Nordzucker assumes no responsibility for the content of such websites, nor does it lay claim to these sites or their content, since Nordzucker has no control over the content of the linked websites and is not responsible for the material and information provided by them. The user uses these websites at their own risk, in particular subject to the specific terms and conditions of use for those websites.
Liability for defects of title and material defects
8.1 Insofar as information, software or documentation is transferred free of charge, liability for any material defects and defects of title contained in the information, software and documentation, in particular liability for it being correct, free from errors, unencumbered by third-party intellectual property rights and copyrights, complete and/or usable is excluded except in cases of wilful and/or malicious intent.
8.2 The information provided on the Website may contain specifications or general descriptions of the products’ technical features, which may not necessary exist in given circumstances (e.g. due to product changes). The desired features of the products are therefore to be agreed on a case-by-case basis at the time of purchase.
9 Other liabilities/viruses
9.1 Liability on the part of Nordzucker for material defects and defects of title is based on the provisions set out under sub-section 8 of these Terms and Conditions of Use. Any other liability on the part of Nordzucker is excluded unless assumption of liability is mandatory, e.g. pursuant to the German Product Liability Act (Produkthaftungsgesetz), due to wilful intent or gross negligence, as a result of injury to life, limb or health, as a result of assuming a guarantee of quality, due to fraudulently concealing a defect or breaching material contractual obligations. However, in such situations, compensation for damages as a result of a breach of material contractual obligations is limited to damage that can be expected to occur given the nature of the contract. Nordzucker assumes no liability for excess damage.
9.2 Nordzucker cannot guarantee that the Website is free from viruses, although it shall do everything in its power to keep it that way. Prior to downloading information, software and documentation, the user shall take care to ensure that they have appropriate security devices and a virus scanner, both for their own safety and to prevent the spread of viruses on the Website.
9.3 Any reversal of the burden of proof to the detriment of the user is not dependent on the provisions set out under sub-sections 9.1 and 9.2 above.
Ancillary agreements, place of jurisdiction, applicable law
11.1 Any supplements or amendments to these Terms and Conditions must be agreed in writing.
11.2 Provided the user is a merchant within the meaning of HGB (German Commercial Code), the place of jurisdiction is Braunschweig. As far as all other users are concerned, provisions set out under Sec. 12 et seqq. ZPO (Code of Civil Procedure) apply.
11.3 We are not prepared, nor do we have an obligation, to participate in any dispute resolution procedures before a consumer arbitration service.
11.4 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.