Terms of Use / Disclaimer

1         General information/scope of validity

1.1

The use of these web pages published by Röchling SE & Co. KG and/or its subsidiaries and affiliates (hereinafter "Röchling") is strictly subject to these terms and conditions, as amended. The binding force of these terms of use is accepted by simply using the website in any given form. These general terms and conditions of use may be modified in individual cases or they may be supplemented or replaced by further conditions.

1.2

If the user of the Röchling website is a company or is acting on behalf of a company, i.e. exercising a commercial or independent occupation, or on behalf of a public corporation then section 312i (1) sentence 1 subs. 1-3 of the German Civil Code (BGB) and the reference to section 246c of the Introductory Act to the German Civil Code (EGBGB) shall not apply.

1.3

In case of services offered to companies or public corporations, the company concerned or the corporation is represented by the user and must accept responsibility for the latter's actions and knowledge.

 

2         Website content

The content of the Röchling website has been compiled with great care and in all conscience. However, Röchling makes no representations or warranties as to the currency, accuracy, completeness or quality of the information provided. The purpose of the Röchling website is to provide general information and not to give advice. All offers are subject to change and are non-binding. Röchling reserves the right, duly exercising its own discretion and assuming no liability, to change, complete or delete parts of the website or the entire website without specific notification, or to suspend its publication temporarily or permanently, and shall by no means be under any obligation to update the website and the information provided. Nor can Röchling vouch for the fact that the website content is suitable for the user and the user's intended purposes. Röchling cannot guarantee that the Röchling website will be available at all times owing to the nature of the Internet and computer systems.

 

3         Protected area for registered users

3.1

Röchling reserves the right to restrict access to some Röchling web pages with a password protection system. Only registered users will have access to these pages. Röchling does not operate any system of entitlement to registration, however, involving access to password-protected Röchling web pages. Röchling specifically also reserves the right to introduce password protection on web pages which have previously been freely accessible.  Right of access may be revoked at any time by Röchling by the blocking of access data, without any statement of grounds on Röchling's part, especially in the following cases:

  • the user gave false information on registration
  • the user has breached these terms and conditions or neglected the relevant duties of care in connection with the access data
  • the user acted in breach of applicable law when accessing or using the Röchling website
  • the user has not logged into the password-protected areas of the Röchling website for a long time

3.2

If registration is required, the user undertakes to provide true information and to notify Röchling promptly, preferably online, of any subsequent changes to the information.  The user is responsible for ensuring receipt of emails sent to the user at the email address given by the user. 

3.3 

After registering, the user will be sent a user name and password (hereinafter also called "user data"). When accessing the website for the first time, the user will be asked to change the password sent by Röchling. The user data enable the user to view and change personal data or, where applicable, to revoke or broaden the scope of any consent granted for the processing of data.

3.4 

The user shall be required to ensure that the user data are not made accessible to third parties and shall be liable for all purchase orders placed and other actions taken under the user data. On becoming aware of any misuse of the user data by a third party, the user shall be required to inform Röchling immediately in text form. The user must always log out of the password-protected area correctly after use.

3.5

On receiving notification pursuant to subsection 3.4, Röchling will impose a block so that the password-protected area cannot be accessed with the user data in question. It will not be possible to lift the block until the user has made a separate application to Röchling or has re-registered.

3.6 

The user may issue a written request at any time asking to be deregistered unless this would conflict with existing contractual terms and conditions.  In this case Röchling will, as far as possible, delete all the user data and any other personal data relating to the user as soon as these data are no longer needed or in the absence of any duty to hold the data on file under applicable law.

 

4         Duties of the user

4.1

The following regulations apply to the use of the Röchling website:

  • the user must not use the site in such a way as to offend against taste and decency
  • the user must not infringe industrial patents, copyrights or other property rights
  • the user must not cause harm to persons, particularly minors, or violate their personal rights
  • the user must not send content containing viruses, Trojan Horses or other programming codes which might damage software
  • the user must not enter, store or send hyperlinks or content without due authorisation, particularly if said hyperlinks or content breach confidentiality agreements or are illegal
  • the user must not send advertisements, unsolicited emails ("spam"), bogus alerts of viruses or malfunctions, etc., or invite people to take part in prize draws, pyramid schemes, chain letter hoaxes, Ponzi schemes and comparable activities

4.2

Röchling may at any time block access to the Röchling website and forbid use of the Röchling website, particularly if the user fails to comply with the duties set out in these terms and conditions. 

 

5         Copyright and trademark law

5.1

The content, design, information, software, documentation and the structure of the Röchling website and all texts, photographs, graphics, audio and video data are protected by copyright and by other laws governing the protection of intellectual property, and Röchling reserves all such proprietary rights. The reproduction, editing, distribution and any type of exploitation are strictly subject to the prior written consent of Röch­ling unless allowed under statutory regulations without the need to obtain consent.

5.2

Reference is made to the relevant third-party copyright in respect of any content on the Röchling website which was not compiled by its operator. It would nevertheless be appreciated if any infringement of copyright noticed by the user were reported to Röchling. Should Röchling become aware of any infringements, Röchling will remove the respective content immediately.

5.3

Unless specified otherwise, any brand names and trademarks on the website ascribed to the Röchling Group and/or to enterprises affiliated with it are protected by trademark law. The user of the website is not granted the right to use the brand names or trademarks outside the context of the website.

5.4

The user is not entitled to any further rights of any kind, especially to the industrial property rights, such as patents or utility models.

 

6         Liability

6.1

Insofar as information, software or documentation are made available for use free of charge, Röchling cannot accept any liability for defects of quality and title in the information, software and documentation and cannot furnish any guarantee that they are complete, correct, free of third-party property rights and copyrights and/or usable, except in case of deliberate or fraudulent intent.

6.2 

The information on the Röchling website may contain specifications or general descriptions of technical capabilities of products which need not always be present in individual cases (e.g. due to product modifications). The purpose of the Röchling website is to provide general information and not to give advice. All offers are subject to change and are non-binding. All this information does not, insofar as legally admissible, constitute a guarantee, pledge or liability on the part of Röchling, however, nor does it amount to a guarantee that the information is up to date, correct, complete or of sound quality or absolve users from the responsibility to conduct their own investigations or checks. The required performance features of the products must therefore be agreed in each individual case of purchase. Röchling will only issue authoritative disclosures, advice, recommendations or statements in individual communications.

6.3

The website is made available to the user "as is" and as permitted by law, without any (express or specific) warranty, guarantee, pledge or liability. Except in cases of wilful injury, Röchling shall not be liable for damages arising from or as a result of the use of this website. Under no circumstances, however, will Röchling accept responsibility or liability of any kind for indirect, direct, coincidental or consequential damages which have arisen from or as a result of the use of this website, unless subject to mandatory liability, e.g. under product liability law or on account of deliberate intent, gross negligence, injury to life, limb or health, assurance of warranted characteristics, fraudulent concealment of a defect or breach of fundamental contractual obligations.

6.4

Röchling makes every effort to protect the website from viruses but cannot guarantee that it is virus-free. Before downloading information, users shall ensure that appropriate safeguards and virus scanners are installed for their own protection and to protect the Röchling website from viruses.

6.5

This disclaimer is a constituent part of the Röchling website. Should any parts or individual phrases of this disclaimer not, no longer or not completely comply with the applicable laws, this shall not affect the content or validity of the remaining parts of the disclaimer.

 

7         Hyperlinks / automated translation

7.1

The content of third-party websites which can be accessed via hyperlinks from the Röchling website, or which refer the user to this site, is external content over which Röchling has no control and for which Röchling accepts no liability. At the time the links to external sites were set there was no evidence of any illegal content on the sites. Röchling has no control whatsoever over the current and future design, the content, the information provided or the authorship of the sites to which links are published. For this reason Röchling explicitly dissociates itself from all content on sites to which links are published, especially if the content has been changed since publishing the links. Should Röchling become aware of any infringements, Röchling will remove the relevant links immediately. The providers of the sites to which links are published are solely responsible for the content of these sites. The use of these sites is at the user's own risk.

7.2

If an automated translation of the Röchling website is offered (e.g. by Google Translate), the translation and use of this service shall be at the user's own risk. Röchling cannot accept any liability for the translation or guarantee that it is correct. Due regard must be had to the terms and conditions of data protection and use set out by the provider of the automated translation service.  The provisions set out in paragraph 6.1 shall apply in other respects. 

 

8         Area of designated use

8.1

The Röchling website is intended for use within the territory and in accordance with the laws of the Federal Republic of Germany. Röchling cannot be held liable if it transpires that the Röchling website is not suitable, usable or legally permissible for users from other countries.

8.2

If individual Röchling subsidiaries or affiliates provide their own websites and if, where applicable, links to these sites have been published on this Röchling website, the respective subsidiaries or affiliates shall be responsible for their own websites and for their operation. These sites take account of the requirements of the country in which the applicable company has its registered office. If users access the Röchling website from outside the country concerned, they shall be solely responsible for complying with the relevant regulations laid down in accordance with the law of the country concerned. Röchling cannot guarantee that information, software and/or documentation can be accessed on, or downloaded from, the Röchling website in other places outside the country concerned. Information, software and/or documentation placed on the Röchling website must not be accessed from countries in which such access is illegal. In such cases and in the event that the user wishes to enter into business relations with the Röchling Group, the user is advised to make contact with Röchling representatives in the country concerned.

8.3

The user is required to adhere to the national and international (re-)export control regulations applicable in any given case. When forwarding the information, software and documentation made available by Röchling to third parties, the user is required to abide by all the (re-)export control regulations in force in the Federal Republic of Germany, the European Union and the United States of America.

8.4

Before passing on the information, software and documentation provided by Röchling, the user is required to conduct the following checks and put appropriate measures in place to verify the following:

  • the aforementioned disclosure to third parties or the provision of other commercial resources does not render the user in breach of an EU, USA or UN embargo or in violation of any restrictions on domestic transactions and circumvention prohibitions
  • the aforementioned information, software and documentation  are not intended for illegal use or for use subject to regulatory approval in relation to nuclear or conventional weapons and armaments, unless the required approvals have been given
  • the regulations of all the relevant EU and USA sanctions lists regarding business transactions with companies, persons or organisations named on said lists are complied with

8.5

The user shall comply with any requests to disclose information about the final recipient and final destination of the information, software and documentation made available by Röchling and the purpose for which they are to be used, immediately providing the information requested and advising of any export control restrictions relating to said information, software and documentation which may be required for the conduct of export control inspections by government authorities or by Röchling.

8.6

The user shall fully indemnify Röchling from all claims asserted against Röchling by government authorities or other third parties for disregard of the aforementioned export control obligations by the user and undertakes to compensate Röchling for all damages and expenses incurred by Röchling in this respect. This shall not apply if the user is not responsible for the breach of duty.

8.7

Performance of contract by Röchling shall be subject in any given case to the absence of hindrances to performance by way of national or international regulations in foreign trade legislation or through the imposition of embargoes and/or other sanctions.

 

9         Applicable law, place of jurisdiction and written form requirement

9.1

German law shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

9.2

The place of jurisdiction, if the user is a merchant (Kaufmann) as defined by the German Commercial Code (HGB), is Mannheim.

9.3

No verbal supplementary agreements have been made. Any amendments to these terms and conditions of use must be set out in writing. Any agreement to dispense with the requirement for written form must also be set out in writing. This shall not affect the scope for providing evidence of individual verbal agreements. 

9.4

The customary usage of email, fax, IT printouts or electronic statements shall satisfy the requirements in cases where these terms and conditions of use call for written form. The sending of data by email or the retrieval of data shall be at the user's own risk.


California Transparency in Supply Chains Act

California Transparency in Supply Chains Act of 2010

 

Effective January 1, 2012, the California Transparency in Supply Chains Act of 2010 requires retailers and manufacturers doing business in California to disclose efforts to eradicate slavery and human trafficking from its direct supply chain.  Röchling Company is committed to ensuring that its employees and suppliers take appropriate steps to mitigate the risk of human trafficking and slavery from occurring in any aspects of its supply chain. In accordance with the Act, Röchling makes the following disclosures:

 

Verification of Supply Chain

Röchling verifies product supply chains through several methods, including site evaluations, inspections, and other means though not specifically for trafficking and slavery. Third parties are not utilized for verification.

 

Evaluation of Supplier Compliance

Röchling does not conduct audits of suppliers to evaluate supplier compliance with company standards specifically for trafficking and slavery in supply chains.

 

Supplier Certification

Röchling requires as a condition of contract that all suppliers commit to comply with applicable laws and regulations, but does not require suppliers to certify that materials incorporated into the product comply with the laws regarding slavery and human trafficking of the country or countries in which they are doing business.

 

Internal Accountability Standards

Röchling does not maintain internal accountability standards and procedures for employees or contractors failing to meet company standards regarding slavery and trafficking. However, Röchling’s Code of Conduct is an integral part of the company culture and is the foundation on which Röchling conducts all business.

 

Management Training

Röchling does not provide company employees and management, who have direct responsibility for supply chain management, training on human trafficking and slavery.

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