Terms of use for the website and partner portal of VS Vereinigte Spezialmöbelfabriken GmbH & Co. KG

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Terms of use for the website and partner portal of VS Vereinigte Spezialmöbelfabriken GmbH & Co. KG

Terms of use for the website and partner portal of VS Vereinigte Spezialmöbelfabriken GmbH & Co. KG

As of 01/01/2024
 

§ 1 Scope of application

The use of the website and the partner portal provided by VS Vereinigte Spezialmöbelfabriken GmbH & Co. KG (‘VS’) by the respective user (‘partner’) is subject to the following terms and conditions in the currently valid version published by VS on its website.

By registering with, participating in and/or using the partner portal, the partner declares his agreement with these terms and conditions.

§ 2 Registration

(1) Registration is required in order to use the partner portal.

(2) Personal data is collected and then stored for the purpose of verifying authorisation when registering on the partner portal. The partner is obliged to provide truthful information for registration.

(3) VS reserves the right to revoke access authorisation by blocking the user data without having to state reasons. VS also reserves the right to block access to the partner portal from time to time or to discontinue or change it without prior notice.

(4) The partner is obliged to ensure that its access data is not made available to third parties. The partner is liable for all activities carried out on the website provided under its access data.

§ 3 Use

(1) All product images, logos and brand names or trademarks of VS that appear on the website, in the database or in the partner portal are the (intellectual) property of VS or its affiliated companies or are used on the basis of separate agreements with third parties. VS provides the partner with product-related information on the partner portal – such as product images, location images, product descriptions, fabric sample cards and other materials (‘advertising content’) – revocably at any time within the scope of the permitted use.

(2) VS grants the partner a non-exclusive right to use, utilise, disseminate and transfer the advertising content of the website and/or the partner portal within the scope of the area of application and validity period of the respective advertising material, in order to create advertising material such as websites, advertisements, brochures and catalogues, newsletters or similar for its promotional presence for the marketing of VS products. It is also permitted to use the provided data for product presentations in online shops or on similar digital sales platforms.

(3) When editing image data and videos, these may not be changed with regard to the product itself or with regard to the product descriptions, brand statements or logos. Illustrations, location images or key visuals must be used as displayed; no sections may be used. The sale or commercial transfer of the contents of this website, the media database or the partner portal is prohibited.

(4) Any use of the advertising content provided that goes beyond the rights of use expressly granted here is not permitted.

(5) Publication of the advertising content provided on the website and/or the partner portal is not permitted before the start of or after the expiry of the validity or outside the stated scope of the respective advertising material. The partner is responsible for clarifying any doubts regarding timely publication with the customer service representative responsible for the partner.

(6) The contents of the partner portal may only be passed on to third parties within the scope of the granted right of use and only in an unaltered form and only with a reference to their origin.

§ 4 Scope

These terms of use apply to the use of the partner portal in the relationship between the partner and VS. The data published on the partner portal is to be used in accordance with its scope of application. This scope of application particularly defines the countries (Germany, Austria/Switzerland, France, England, Netherlands) in which this data may be used. By providing the information required for registration, the partner can have the partner portal activated for Germany, Austria/Switzerland, France, England or the Netherlands and then view the corresponding content for each scope of application.

§ 5 Validity of advertising content / Implementation of changes

(1) Advertising content is valid for as long as stated or until the file is replaced by a new one or removed (e.g. in the event of portfolio updates, changes to the product).

(2) The partner is obliged to keep the advertising content up to date in every medium used and to remove or replace expired advertising content immediately. The use of advertising content that is not up to date may, where applicable, trigger legal claims, including claims for damages.

§ 6 Disclaimer

(1) VS does not accept any liability with regard to the accuracy or completeness of the content of the website, database and partner portal, or for the availability or accessibility of the website and partner portal.

(2) Neither VS nor VS affiliated companies shall be liable for direct or indirect damages or consequential damages resulting from access to the website, database or partner portal or the use of the contents or contents of a page linked to this website.

(3) VS does not guarantee that the website, database or partner portal or their contents are virus-free. The partner shall ensure at its own responsibility that it takes appropriate security measures and uses up-to-date virus protection programmes before downloading advertising content for its own protection and to avoid virus infection by the partner portal.

§ 7 Data protection

Messages and materials that the partner sends to VS are treated in accordance with our data protection regulations. Our data protection regulations are published at the bottom of the website. The transmission or sending of unlawful, threatening, obscene, defamatory, pornographic or immoral material or material that depicts or encourages unlawful or criminal conduct is expressly prohibited.

§ 8 Indemnity

By registering, participating or using the website and/or the partner portal, the partner undertakes to indemnify VS, its management and employees and its agents against all claims, claims for damages, losses, liability, costs and expenses (in particular legal fees) arising from:

  • the use of and access to the partner portal, whether by the partner itself or by third parties,
  • violating these terms and conditions of use, whether by himself or by third parties,
  • violating the rights of third parties, in particular copyrights, intellectual property or data protection and personal rights, whether by himself or by third parties.

§ 9 Amendment of the provisions

VS may amend these terms and conditions of use of the partner portal with immediate effect at its sole discretion and without prior notice. For this reason, the partner must regularly check these after updates or additions to the guidelines.

§ 10 Assignment

The partner cannot assign or transfer its rights or obligations arising from use in accordance with these terms of use without the prior written consent of VS. VS may, after notifying the partner accordingly, assign or transfer the rights and obligations to use the website and/or the partner portal.

§ 11 Partial invalidity

(1) If any provision of this agreement is wholly or partially invalid, unenforceable or unlawful, the remaining provisions shall remain unaffected.

(2) If the validity, enforceability or legality of a provision can be established by deleting part of the provision, the provision shall apply with the modification necessary to achieve the economic purpose of the provision intended by the parties.

§ 12 Applicable law and place of jurisdiction

These terms and conditions of use and any legal disputes or claims arising from or in connection with the use of the website and/or the partner portal are subject exclusively to the laws of the Federal Republic of Germany. Unless mandatory law provides otherwise, the place of jurisdiction is the District Court of Mosbach/Baden.

Note: In case of doubt, the German version applies.