Terms and Conditions

Article 1. Scope of application

These General Conditions of Use apply to the 3D Aerosol Configurator of Lindal Group Holding GmbH, Brandstwiete 1 20457 Hamburg (“we”, “us” or “Lindal”) on the Website https://3dconfigurator.lindalgroup.com (“Site”) by its users (“User”).These General Conditions of Use shall only apply if the User is an entrepreneur (Section 14 BGB – Bürgerliches Gesetzbuch, German Civil Code), a legal entity under public law or a special estate under public law. We do not accept terms and conditions of the User that are contrary to or supplementing these General Conditions of Use unless we expressly accept any such in writing. Approval shall also be needed and these General Conditions of Use shall also apply if we, in awareness of terms and conditions of the User that are contrary to or supplementing these General Conditions of Use, allow the User to use the 3D Aerosol Configurator without reservations.

Article 2. Acceptance of terms of use

Access and use of the Site are subject to acceptance and compliance with these General Conditions of Use. Before using the Site for the first time, these Terms of Use must be accepted. We may upon prior written notice amend these General Conditions of Use with effect for the entire future business relationship with the User. The amendment shall be deemed accepted, if the User has not dispatched its written objection within four weeks after notification of the amendment. We will expressly inform the User of this consequence upon notification of the amendment.

Article 3. Access and navigation

We implement the technical solution at its disposal to allow access to the Site 24 hours a day, 7 days a week. We may nevertheless at any time suspend, limit or interrupt access to the Site or to certain pages for any reason. We are not responsible for any event of technical, IT or Site compatibility problems or failures with any hardware or software; direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the use or difficulties in using the Site or its services or intrinsic characteristics of the Internet, in particular those relating to the unreliability and lack of security of the information circulating therein.

Article 4. Services reserved for registered users

In order to use the 3D Aerosol Configurator the User’s registration is conditioned. The regularly registered User can request to delete its account at any time by sending an email to [email protected]. We reserve the right to access and control every account at any time of any user, especially if the user contravenes these conditions of use. This is particularly relevant in the following cases:

• If the User makes illegal use of the Site;
• If the User, voluntarily transmits erroneous information to the Site;
• If the User has not been active for a longer time period.

Article 5. Confidentiality

The User shall treat as confidential any and all business and trade secrets of Lindal and its affiliated companies which the User gains while visiting the Site. Exempted from this regulation is any disclosure to parties who are, by law, subject to professional confidentiality obligations or such disclosure is required by applicable law or by legal, judicial, administrative or regulatory process. The User is aware that Lindal has access to all data and information, e.g. business and trade secrets, which the User uploads to the Site. Lindal undertakes to treat these information confidential.

Article 6. Intellectual property

a) License to Use the 3D Aerosol Configurator
Subject to the terms set forth in this General Conditions of Use, we hereby grant the User a non-exclusive, limited, non-transferable and freely revocable license to use the 3D Aerosol Configurator as authorized by the terms of the Service. We may terminate this license at any time for any reason or without cause.

b) User Content Licensing
The User hereby grants Lindal a non-exclusive, limited, non-transferable and freely revocable license to use posted User content (e.g. Photos) for the provision of the 3D Aerosol Configurator.

C) Intellectual Property of the User
The structure of the Site but also the texts, graphics, images and photographs that compose it are the property of Lindal and are protected as such by the laws in force under intellectual property. Any representation, reproduction, adaptation or partial or total use of the content, trademarks and services offered by the Site, by any means whatsoever, which do not comply the terms set forth in this General Conditions of Use are without the prior, express and written authorization of the Lindal, strictly prohibited.

Article 7. Indemnification

The User shall indemnify and hold Lindal harmless from all reasonable costs, expenses, liabilities and claims of infringement against Lindal alleging that the User content posted to the Site infringes or violates any third party’s patent, copyright, trademark or trade secret. In such an event, the User at its expense, shall: (a) reimburse Lindal for any costs incurred at Lindal’s written request relating to such claim; and (b) pay damages and costs incurred by Lindal that are attributable to such claim (including, without limitation, reasonable attorneys’ fees).

Article 8. Limitation of liability

Lindal’s liability according to contracts and law is generally excluded unless something other is agreed in the following. The exclusion of liability shall not apply

• For damages that Lindal has caused intentionally or through gross negligence;
• If and to the extent that Lindal is liable in accordance with the mandatory provisions of the Product Liability Act;
• If and to the extent that Lindal has given a guarantee of quality or durability and damages have arisen from the breach of the guarantee;
• In cases of injury to life, limb or health.

In the event of slight and simple negligence, Lindal shall only be liable – insofar as Lindal is not already liable for damages in accordance with the above provisions of this Article 8– for the violation of an essential contractual duty. Lindal’s liability in such cases shall be limited to typical damages to the extent they are foreseeable for Lindal either upon entering into the agreement or upon commitment of the breach of duty. Essential contractual duties are such whose fulfillment make the proper execution of the agreement possible in the first place and on which User usually relies and may rely.

Article 9. Hypertext links

The Site may contain hypertext links pointing to other websites over which we do not exercise control. Despite the prior and regular checks carried out by us, we decline all responsibility for the content that may be found on these Sites.

Article 10. Applicable law and competent jurisdiction

This contract shall be governed by the laws of the Federal Republic of Germany (excluding the Convention on Contracts for the International Sale of Goods). Exclusive place of jurisdiction for all disputes arising out of or in connection with this contract shall be Hamburg, Germany.