General terms of use for the NOMOS Glashütte retailer portal

§ 1 General scope
(1) NOMOS Glashütte/SA Roland Schwertner KG of Ferdinand-Adolph-Lange-Platz 2, 01768 Glashütte, Germany (subsequently referred to as “NOMOS Glashütte”) has made a platform available at (subsequently referred to as “the portal”) on which properly registered users can find an overview of all relevant information for retailers about NOMOS Glashütte’s products. This specifically includes recent mailings, advertising campaigns, content for social media, product images, films, and fact sheets.
(2) The platform is exclusively designed for current retailer partners (subsequently referred to as “users”) of NOMOS Glashütte.
(3) The terms of use apply to the provision of services on the platform by NOMOS Glashütte and the use of these services by properly registered users.

§ 2 Access
(1) Using the services provided on the portal requires the user to log-in. The user will receive log-in details (username and password) in advance from NOMOS Glashütte, and these must be used for the initial log-in.
(2) There is no right of use. NOMOS Glashütte reserves the right to ban existing users from using the portal at any time.
(3) Use of the portal is fundamentally free of charge.

§ 3 Responsibility for log-in details
(1) Log-in details, including the password, are to be kept secret and inaccessible to third parties by the user.
(2) It is furthermore the responsibility of the user to ensure that their personal log-in details for the portal and the use of services accessible on the portal are only by the user or by persons authorized by them. If suspicion arises that an unauthorized third party has gained or will gain access to their log-in details, NOMOS Glashütte must be informed immediately.

§ 4 Platform contents and services
(1) The following contents are available within the framework of the portal:
Current retailer information about NOMOS Glashütte’s products, particularly recent mailings, advertising campaigns, content for social media, product images, films, and fact sheets.
(2) In addition, the user has the opportunity to send order requests for NOMOS Glasütte’s products via the platform. Relevant in such cases are always the individually applicable contracts between the user and NOMOS Glashütte.
(3) All displayed prices for NOMOS Glashütte’s products on the platform are the recommended retail price for customers (including VAT) by NOMOS Glashütte as the producer.

§ 5 Availability
(1) The entitlement of the user to access the services available on the portal exists only within the context of the technical and operational possibilities at NOMOS Glashütte.
(2) NOMOS Glashütte aims to provide continuous accessibility to its services. However technical disruptions (such as a break in power supply, hardware or software errors, or problems with data transfer) may lead to temporary restrictions or interruptions to access.

§ 6 Rights of use
(1) The user may access the content available on the portal online exclusively for their own commercial purposes of offering and selling NOMOS Glashütte’s products and may use it for and display it to their own customers. In this respect a simple right of use is granted, limited to the duration of the contractual use of the portal, whereby it is expressly prohibited to edit or change the available content in whole or in part. It is also prohibited to remove or change copyright notices, logos, and other characteristics or trademarks.
(2) The user is only entitled to download content when the option to download is made available as a function on the portal itself.

§ 7 Changes to terms of service
NOMOS Glashütte is entitled to make changes to the services provided free of charge on the portal at any time, to make new services available, and to terminate existing free of charge services. In the event of such changes, NOMOS Glashütte will take into account the rightful interests of the user.

§ 8 Suspension of access
(1) NOMOS Glashütte is entitled to temporarily or permanently suspend the access of the user to the portal if there are concrete indications that the user is violating or has violated these terms of use and/or other contracts concluded with NOMOS Glashütte and/or the applicable law, or if NOMOS Glashütte has another rightful interest in the suspension of access. When considering the suspension of access, NOMOS Glashütte will take into the due account the rightful interests of the user.
(2) In the event of a temporary suspension or permanent ban, NOMOS Glashütte will deactivate the access rights of the user and inform the user via email.
(3) In the event of a temporary suspension, NOMOS Glashütte will reactivate the access rights of the user once the suspension period has expired and inform the user via email. In the event of a permanent ban, access rights cannot be reinstated.

§ 9 Liability
Should the user suffer damages through the use of services provided free of charge on the portal (including the retrieval of free content), NOMOS Glashütte shall only be liable if the damages suffered by the user is as a result of the contractual use of the free content and/or services, and only in cases of intent (including fraudulent intent) and gross negligence on the part of NOMOS Glashütte.

§ 10 Applicable law
These terms of use are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention of Contracts for the International Sales of Goods (CISG).

§ 11 Written form and court of jurisdiction
(1) Unless otherwise expressly stated in these terms of use, all statements made in connection with usage of the portal must be made in writing or via email.
(2) The exclusive court of jurisdiction for all disputes arising from these terms of use is, insofar as such an agreement on the court of jurisdiction is permissible, NOMOS Glashütte’s district court in Dresden, Germany.