1. Scope of application
a. Vestel Holland B.V. Germany Branch Office, Parkring 6, 85748 Garching bei München (Germany), operates the website „vestel-germany.de“ (hereinafter referred to as the “website”) and provides users of this website with the Internet services available at this website subject to the following Terms and Conditions.
b. These General Terms and Conditions (hereinafter referred to as “T&C”) apply to all users of the website when they first access the internet services provided on the website. These T&C are supplemented by the Privacy Policy in its current version. In the event of any conflict between these T&C and the Privacy Policy, the Privacy Policy shall prevail.
c. Vestel Holland B.V. Germany Branch Office hereby objects to users´ own terms and conditions of business and/or purchase. Individual agreements remain unaffected by this.
2. Copyright and property rights
a. Vestel Holland B.V. Germany Branch Office is the owner of all property rights, protective rights and copyrights with regard to the content of the website, including catalogues, videos and all other publications in this website. Vestel Holland B.V. Germany Branch Office as owner of these contents has the exclusive right to reproduce, distribute and publicly display these contents as a whole or a substantial part of them in terms of their nature or scope.
b. Any use of these protected rights not expressly permitted in writing is expressly prohibited.
3. Limitation of liability
a. Vestel Holland B.V. Germany Branch Office shall be liable in accordance with the statutory provisions for intent and gross negligence on the part of its legal representatives, executive employees or other vicarious agents. The same shall apply in the event of the assumption of guarantees or other strict liability as well as in the event of claims for culpable injury to life, limb or health.
b. Vestel Holland B.V. Germany Branch Office shall be liable for ordinary negligent breaches of essential contractual obligations caused by its representatives, executive employees and simple vicarious agents. Essential obligations are those whose breach jeopardises the achievement of the purpose of the contract or whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance users regularly rely. In this case, Vestel Holland B.V. Germany Branch Office shall only be liable for the foreseeable damage typical for the contract. Vestel Holland B.V. Germany Branch Office shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences. Further liability by Vestel Holland B.V. Germany Branch Office is excluded.
c. Insofar as the liability of Vestel Holland B.V. Germany Branch Office is excluded or limited, this shall also apply in favour of the personal liability of its legal representatives, executive employees and ordinary vicarious agents.
4. Waiver
a. The user shall indemnify Vestel Holland B.V. Germany Branch Office against all claims asserted by other users or other third parties against Vestel Holland B.V. Germany Branch Office due to infringement of their rights by entries posted or other contents by the user or due to the user's misuse of this website.
b. The user shall bear the costs of the necessary legal defence of Vestel Holland B.V. Germany Branch Office including all court and lawyer's fees in the statutory amount.
c. The aforementioned shall not apply if the user is not responsible for the infringement of rights.
d. In the event of a claim by a third party, the user is obliged to provide Vestel Holland B.V. Germany Branch Office immediately, truthfully and completely with all information required for the examination of the claims and the legal defence.
5. Final provisions
a. Should individual provisions of these T&C be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Statutory law shall take the place of provisions of these T&C that are not included or are invalid. If such statutory law is not available in the respective case (loophole) or would lead to an unacceptable result, the parties shall enter into negotiations to replace the non-included or invalid provision with a valid provision that comes as close as possible to it in economic terms.
b. German law shall apply exclusively, excluding the conflict of laws rules of private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive jurisdiction is Munich, insofar as the user is a merchant. Vestel Holland B.V. Germany Branch Office is also entitled to sue at the general place of jurisdiction of the user.
c. Vestel Holland B.V. Germany Branch Office is neither prepared nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
d. Vestel Holland B.V. Germany Branch Office reserves the right to change this website and these T&C in whole or in part at any time without notice, at its sole discretion.
