The present Terms and Conditions of Use apply to the services of ADA International GmbH, Rastatter Straße 2A, 77694 Kehl, Germany (referred to in the following as “ADA“) on offer in the Internet under www.ada-cosmetics.com and www.ada-shop.com. The Terms and Conditions of Use also apply to all other ADA offers on the Internet referring to them/ incorporating them. They explicitly do not apply to third-party Internet offers, irrespective of whether the Internet offer of ADA refers to them or whether they make reference to the present declaration.
1. Use of the ADA Internet Offers
The following Terms and Conditions of Use apply to the use of the ADA offers in the Internet and are fully accepted by the User. In the event special terms and conditions apply to particular forms of use/functions, separate reference will be made to these terms in the offer.
2. Contents of the ADA Internet Offers, Liability
2.1 ADA explicitly retains the right to amend, enhance and delete parts of its offer or the offer in full without any prior announcement or from time to cease publication thereof altogether.
2.2 ADA is only liable for damages or failed applications - for whatever the legal reason - insofar as the damages or the failed application were caused by ADA or a vicarious agent in culpably breaching a major contractual duty or are attributable to a grossly negligent or wilful breach of duty by the party making the offer or a vicarious agent thereof.
If ADA is liable for the breach of a major duty from usage relations without any gross negligence or wilful intent on its part, the liability for damages shall be restricted to the foreseeable and typical damages. In this case, ADA shall specifically not be liable for lost profits of the User and for unforeseeable secondary damages. The aforementioned restrictions of liability described in sentences 1 and 2 shall likewise apply to damages that are caused by the gross negligence or wilful intent of employees or appointed parties, insofar as these do not count among the legal representatives or executive employees of ADA.
The aforementioned restrictions of liability shall not apply insofar as liability is mandatory under the provisions of the Product Liability Act or claims are asserted that are derived from injury to life or limb. Insofar as liability for the compensation of damages is ruled out or restricted, this shall not apply to the personal liability of employees, representatives and vicarious agents. ADA shall not be liable for short-term system stoppages necessitated for technical reasons (e.g. maintenance and repair work or system upgrades of ADA in the Internet) and failures (e.g. overloading, force majeure).
3. References to Other Internet Sites (Links)
3.1 ADA is responsible for its own site contents kept ready for use in line with the law. Differentiation is to be made between its own contents and links to the contents of other parties making offers. Links to other parties making offers are indicated by design or otherwise rendered visually obvious. ADA is only responsible for the contents of these parties if ADA is positively aware thereof (including unlawful contents) and ADA is able and can be reasonably expected to prevent the use thereof.
3.2 Links are dynamic references. When the initial link to the outside content is set, ADA is responsible for checking its own responsibility in terms of civil law or criminal law. ADA is, however, neither bound nor able to continuously check contents to which ADA refers in its offer for changes that could substantiate its own responsibility anew. Only if ADA ascertains or is informed by third parties that an actual offer to which ADA has already set a link triggers responsibility under civil law or criminal law, shall ADA cancel the link to this offer, as far as this is technically feasible and can be reasonably expected.
4. Copyright and Trademark Law
4.1 The contents offered on the Internet site - texts, images, artwork etc. - are protected by copyright. All rights are retained. Every User is permitted to use the contents (texts, images, artwork) subject to the bounds of German copyright law. No other rights of use are granted. Any use in excess of this permissible usage of the contents, particularly any duplication for use that is not only private and/or distribution of the contents and/or the rendering public thereof as well as any handling thereof shall be subject to the prior written consent of ADA.
4.2 All trademarks featured in the offers made and possibly protected by third parties shall be subject to the provisions of the respectively applicable trademark law.
5. Data Protection
If the offers made in the Internet allow for the entry of personal or business data (e-mail address, names, addresses etc.), the User explicitly enters such data on a voluntary basis.
6. Applicable Law
Exclusively German law applies to all legal relations between the User and ADA.
Status: December 2011