These Terms of Use apply to all relationships with respect to the use ofthe shikenso.com Internet platform. They are part of the contract of use between Shikenso GmbH and the respective user. The current version of the terms and conditions of use shall apply. If any terms and conditions of a user deviate from the present ones, those of Shikenso GmbH apply. Shikenso GmbH reserves the right to use additional terms and conditions of business for the provision of additional services.
(1) Shikenso GmbH operates the website shikenso.com as an internet platform for customer (hereinafter referred to as "User").
(2) The user can use the website free of charge and get information on Shikenso Products.
(3) Shikenso GmbH reserves the right to develop individual functions onshikenso.com, i. e. in particular to modify, extend, delete or add new functionalities. The user shall not be entitled to the availability of individual functions.
Shikenso GmbH is not liable for a certain availability of the internet platform. Restrictions on functionality and availability are at the discretion of Shikenso GmbH. Shikenso GmbH will respect the interests of the users within the scope of the appropriate consideration.
(1) Shikenso GmbH is liable according to the legal regulations forintent and gross negligence of Shikenso GmbH, its legal representatives,executives or other vicarious agents. This shall apply accordingly in the eventof liability without fault, the assumption of guarantees, claims under theProduct Liability Act or culpable injury to life, body or health. In the eventof a breach of essential contractual obligations, Shikenso GmbH's liability islimited to the typically occurring and foreseeable damage.
(2) Shikenso GmbH accepts no further liability. The limitation ofliability and the exclusion of liability shall also apply to any personalliability of the legal representatives, executives and other vicarious agentsof Shikenso GmbH.
(1) Shikenso GmbH collects user data within the framework of the execution of contracts. In particular, it observes the regulations of theGerman Federal Data Protection Act and the German Telemedia Act. Without the user's consent, Shikenso GmbH will only collect, process or use the user's inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.
(2) Without the user's consent, Shikenso GmbH will not use the user's data for advertising, market or opinion research purposes.
(1) Shikenso GmbH is entitled to transfer rights and obligations arising from the contract of use in whole or in part to third parties. Shikenso GmbHwill announce an intended transfer at least four weeks in advance. The user can object to the transmission within four weeks after the announcement.
(2) Shikenso GmbH reserves the right to amend these terms of use at anytime without giving reasons. Shikenso GmbH will inform the users of any changes by e-mail. Upon receipt of the e-mail, users have the opportunity to object to the amended terms of use within four weeks. In this case Shikenso GmbH is entitled to a special termination right. If there is no objection, the new terms and conditions of use shall be deemed to have been accepted after expiry of the deadline.
(3) Insofar as the user is a merchant, a legal entity under public lawor a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the user and Shikenso GmbH is the registered office of Shikenso GmbH, currently 60439 Frankfurt.
(4) The place of performance is the registered office of Shikenso GmbH.
(5) Should any provision of these Terms of Use be invalid, incomplete or unenforceable, the remaining provisions shall remain unaffected. The invalid, incomplete or unenforceable provision shall be replaced by a provision which comes closest to the economic purpose intended by the contracting parties with the invalid, incomplete or unenforceable provision.