Terms of use - Legal notice

Lüscher-Color-Diagnostik AG appreciates your visit to this website and your interest in our products and services. Please read these terms of use carefully before using our website. By using our website, you agree to these terms of use.
To simplify the flow of reading, the generic masculine form is used in this document; however, all genders are equally addressed.

Table of contents

1. Operator of the website, scope of application of the terms of use
2. Services, availability, reservation of right of modification
3. Permissible use of the website, consequences of impermissible use
4. Registration, password, blocking, deletion
5. Data protection, data security
6. Rights of use to information, image material, software, goods
7. Intellectual property, personal and industrial property rights, criminal law
8. Liability for material defects and defects of title, hyperlinks
9. Ancillary agreements, place of jurisdiction, applicable law

1 Website Operator, Scope of Application of the Terms of Use
1.1 The website is operated by Lüscher Color Diagnostik AG, Rauracherstr. 191, CH 4125 Riehen (hereinafter referred to as “website operator” or “us”/“our”). Use of this website offered by the website operator is permitted exclusively based on these conditions. These General Terms and Conditions of Use may be supplemented, modified or replaced by further conditions, e.g., for the purchase of products and/or services. By logging in or, if a separate login is not required, by commencing use, the validity of these Terms of Use in their respective version is accepted. These Terms of Use shall also apply if you use the Website or parts thereof from other Internet pages which provide access to the Website in whole or in part. Any general terms and conditions of business of the user who is not a consumer that conflict with or deviate from these terms and conditions of use or from statutory provisions shall not be recognised unless the website operator expressly agrees to their validity in writing.
1.2 In the case of our web offers directed at companies or public corporations, the respective company or corporation is represented by the user and must accept responsibility for its actions and knowledge.
1.3 Insofar as the user has the option of using services of third parties within the scope of the online service, no contractual relationship is established between the user and the website operator. The use of such services is based on a separate contract between the user and the respective provider.

2 Services, availability, reservation of right of modification
2.1 The purpose of the website is to inform you about various contents and services and to open up a booking option.
2.2 The presentation and advertising of articles or services in our online shop does not constitute an offer - even when prices are quoted - but only an invitation to submit an offer by the user. By completing the booking process, the user makes an offer to conclude a contract for the use of the corresponding application, which is accepted by the website operator by means of a separate declaration.
2.3 The website operator is entitled to discontinue the operation of the website in whole or in part at any time. Due to the nature of the internet and computer systems, the website operator does not guarantee the uninterrupted availability of the website.
2.4 The website operator reserves the right to make improvements or changes to the information, services, products and other content of the website at any time and without notice.
2.5 The website operator reserves the right to change these terms of use, insofar as this is reasonable for the user, considering his interests. This applies in particular if changes appear reasonable for reasons of security, technical availability, technical progress or the business model of Lüscher Color Diagnostik AG. Registered users will be notified of the changes by e-mail to their stored e-mail address. If the user does not agree to the change in the terms of use, the website operator is entitled to restrict or discontinue the functionalities (including the operation of the user account).

3. Permissible use of the website, consequences of impermissible use
3.1 All online services (including the Web Shop) on the Website are provided solely for the purpose of enabling you to check the features and availability of our products or services, to place lawful orders, to use our Web Shop or to conduct other business with us. The User may only use the Website in accordance with these Terms of Use and for the purposes described above or as permitted by law.
3.2 In particular, the User agrees to the following:
3.2.1 The User may not use the Website in any way that is likely to infringe the intellectual property rights of third parties. In particular, the user may not enter, save or send hyperlinks or content to which he is not authorized, especially if these hyperlinks or content violate confidentiality obligations or are illegal.
3.2.2 The users may not use any devices, mechanisms, software or other scripts that may interfere with the functioning of the website. This also includes uploading files infected with viruses, so-called Trojan horses or other programming that can damage software.
3.2.3 The user is prohibited from blocking, overwriting or editing content generated by us or interfering with the website in any other way.
3.2.4 The User may not obtain or attempt to obtain access to any of our networks without our consent.
3.2.5 The User shall not make any unauthorized, fraudulent or otherwise false bookings, in particular any bookings paid for by credit card or using the account of a third party who has not consented thereto.
3.2.6 The user is prohibited from taking actions that may result in an unreasonable or excessive load on our IT infrastructure.
3.2.7 The user is prohibited from reproducing data from our website for commercial purposes. This includes the indication of prices for our products and services on another website or another online server. In particular, the user may not copy, distribute, otherwise use or reproduce the information stored on the website with the aid of “robots”, other search engine technologies or through other automatic mechanisms.
3.3 In the event of a breach of these Terms of Use, the Website Operator reserves the right to prohibit the user from accessing the Website and/or not to execute orders. Other rights of the website operator arising from the law or according to these terms of use remain unaffected.

4 Registration, password, blocking, deletion
4.1 Some pages of the website offer may be password protected. For the security of business transactions, access to these password-protected pages is only possible and permitted to registered users. There is no entitlement to registration on our website. In particular, the website operator reserves the right to make websites that were previously freely accessible subject to registration. The website operator is entitled - subject in particular to deviating general conditions under data protection law - to revoke or temporarily restrict access authorization at any time by blocking the access data, without having to give reasons, in particular if the user:
4.1.1has provided false information for registration,
4.1.2 has breached these Terms of Use, in particular clause 3 of these Terms of Use, or his or her duty of care in handling the Access Data,
4.1.3 has violated any applicable law in accessing or using the Website; or
4.1.4 has not used the Website or his user account for a longer period of time and the user has not shown any interest in continuing the interaction even after being notified.
4.2 In cases where registration is provided for or possible, the user is obliged to provide truthful information when registering and to notify us immediately online on the website of any subsequent changes. The user must ensure, in particular through the settings of his e-mail provider, that he receives the e-mails sent by us to the e-mail address he has provided.
4.3 After successful registration, the user receives a username and password (hereinafter: “user data”). When accessing the website for the first time, the user will change the password sent by us, if applicable, to a password known only to him. The User Data enables the user to view or change his or her data or, where applicable, to revoke or extend consents given for data processing (e.g., of account details) or to exercise a right of objection.
4.4 The user must keep their user data secret and ensure that they do not become known to third parties. The user is liable for all activities carried out under his user data, in particular orders. After each use, the user must leave the password-protected area of the website by logging out.
4.5 If the user becomes aware that his user data is being misused by third parties, he is obliged to inform the website operator of this immediately, at least in text form. After receipt of this information, the website operator will then temporarily block the user's access to the password-protected area with his user data and will only end the block again if the user separately requests the website operator to do so or registers.
4.6 The user is entitled to request the deletion of his registration for the password-protected area of the website in text form at any time. This right is subject to the proviso that the processing of ongoing contractual relationships does not prevent the deletion of the registration. In the event of a request for deletion, which is not precluded by the aforementioned reservation, the website operator will delete all user data and all other stored personal data of the user as soon as these are no longer required.
5 Data protection, data security
5.1 When processing and using personal data of the user of the website, the website operator observes the applicable provisions of data protection law, in particular the Data Protection Regulation (DSGVO). The website operator may also use other service providers for this purpose. Personal data is used based on legal permission, in particular in connection with the fulfillment of contractual obligations of the website operator towards the users. If necessary, the website operator will obtain the user's consent for individual data processing activities. The details of data processing can be found in the privacy policy on our website.
5.2 The servers we use are secured by appropriate technical measures. However, the user is aware that there is a risk for all users that transmitted data can be read out during transmission. This applies not only to the exchange of information, possibly by e-mail, which runs through the system, but also to other possibly integrated message systems as well as to all other transmissions of data. The confidentiality of data transmitted in the course of use therefore cannot be fully guaranteed. The user must inform the website operator immediately of any conspicuous processes that may violate data protection law. The website operator will check such suspicious facts without delay.
6 Rights of use to information, image material, software, goods
6.1 The use of the information and image material as well as software made available on our website is governed by these terms of use. Any separately agreed license conditions shall take precedence over these terms of use.
6.2 The website operator grants the user a non-exclusive, non-transferable and non-sublicensable right to use the information, image materials and other copyright-protected works, in particular ordered goods, made available on the website to the extent agreed or, if nothing has been agreed between us and the user, to the extent that it corresponds to the purpose pursued with the provision and transfer by the website operator and is covered by legal permissions (e.g., the right to private copying).
6.3 The information, image content, other website content or ordered goods may — subject to legal permissions — at no time be distributed, rented or otherwise transferred by the user to third parties. Further restrictions and details may result from the following provisions in clause 7 below.
6.4 Sections 69a et seq. of the German Copyright Act (UrhG) shall remain unaffected.

7 Intellectual Property, Personal and Industrial Property Rights, Criminal Law
7.1 Notwithstanding the special provisions in section 6 of these terms of use, information, images, graphics, brand names and other content from the website may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise exploited in any other way without our express consent.
7.2 The website operator does not grant the user any rights of use or other rights of any kind besides those expressly granted in these terms of use. This applies in particular to rights to a name and to industrial property rights such as utility models or trademarks. We are also under no obligation to grant the user such rights.
7.3 The user assures that the content of any information transmitted by him/her does not violate any applicable prohibitions under criminal law.
7.4 Should the website operator become aware of any violations of this assurance, the website operator is authorized to initiate legal steps (including the involvement of criminal prosecution authorities).

8 Liability for material defects and defects of title, hyperlinks
8.1 Insofar as information and image content is provided by the website operator free of charge, liability for material defects and defects of title of the information and image content, in particular for their correctness, freedom from errors, freedom from third-party property rights and copyrights, completeness and/or usability - except in the case of intent or fraudulent intent - is excluded. Any further liability on our part is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. Material contractual obligations are obligations the fulfillment of which is essential for the proper performance of the contract and on the fulfillment of which the contractual partner regularly relies on and may rely on. However, damages for breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, unless caused intentionally or by gross negligence.
8.2 The Website may contain hyperlinks to third-party websites. The Website Operator endeavors to keep this content up to date. Nevertheless, the Website Operator cannot rule out the possibility that the links may no longer be functional in individual cases or may contain (copyright) illegal content. Should users notify the website operator of such anomalies, the website operator will immediately investigate the matter. However, the website operator accepts no responsibility for the content of linked websites, nor does the website operator adopt these websites and their content as its own, because the website operator does not control the linked information and is not responsible for the content and information provided there. Their use is at the user's own risk.
8.3 Although we always endeavor to keep the website free of viruses, the website operator does not guarantee that the website will function properly or be free of viruses beyond the scope of the applicable mandatory legal requirements. Before downloading information and files, the user must ensure that appropriate security devices and virus scanners are in place for his or her own protection and to prevent viruses on the website.
8.4 A change in the burden of proof to the disadvantage of the user is not associated with the above provisions in section 8.1.

9 Ancillary agreements, place of jurisdiction, applicable law
9.1 Subsidiary agreements must at least be in text form.
9.2 If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the user and the website operator is our registered office (see below).
9.3 The legal relationship between the website operator and the user shall be governed by Swiss law excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the user has their habitual residence as a consumer, shall remain unaffected.
9.4 If individual or several provisions of these Terms of Use are invalid, the statutory provisions shall apply in their place. The partial invalidity of individual provisions shall not affect the validity of the remaining provisions of these Terms of Use.

Lüscher-Color-Diagnostik AG
Rauracherstrasse 191
CH – 4125 Riehen