CECIL - Terms and Conditions
The following terms and conditions apply to the websites which can be called up under the URLs www.cecil.de, www.cecilfashion.com and the associated services (jointly "CECIL sites"), which are operated by CECIL GmbH ("CECIL"), Sattlerstraße 10, D-30916 Isernhagen, Germany.
Copyright, Trademarks and other Protected Rights
The logos and signs shown on the CECIL site, especially CECIL [and ….] are registered or non-registered trademarks of CECIL or one of its licensors.
All materials contained in these websites, especially web pages, programs, graphics, images, sound, video, scripts and texts are intellectual property (© 20[…]-2007) of CECIL. All rights are reserved.
Unless explicitly indicated otherwise, you should assume that everything which you see or read on this website is subject to legal protection. All materials should exclusively be viewed, copied, printed out and passed on for personal, non-commercial and information purposes. Any copies must contain a copyright reference to CECIL. References given to protected rights must not be removed. Any commercial and/or public use of the materials is prohibited.
Without the approval of CECIL or of its relevant licensor in writing, no licence or other right to the use of the contents on the CECIL site is granted either explicitly or implicitly or in any other way. Any abusive use of the materials is strictly prohibited and will be subject to civil and criminal prosecution by CECIL.
User behaviour
As a user of the CECIL site you are required to comply with the law of the Federal Republic of Germany as well as the laws of your home country. Above all, you undertake to comply with the applicable youth protection regulations.
In particular, you are not permitted to send contents over the CECIL site or in any other way to make them available which are
- libellous, defamatory, obscene, harmful, pornographic, promoting violence or represent infringement of privacy;
- infringe commercial protected rights or
- offer goods or services or solicit financial funds.
User activities whose purpose is to render the CECIL site functionally defective or at least to make use of it more difficult are prohibited and could give rise to civil and criminal proceedings.
The CECIL site (including its services) may also not be used for illegal purposes. In particular, it is prohibited to register third parties without their knowledge and explicit consent for the newsletter and/or [Warenkorb] service [or register third parties without their knowledge and explicit consent for lotteries on the CECIL site].
Availability of Products
The terms "not yet been delivered", "delivered" or "out of stock" displayed under the category "Collection" on the CECIL-Site for certain products is a non.binding information service of CECIL and does in no way lead to any obligation or liability for CECIL or one of the CECIL retailers mentioned on the CECIL site.
Liability
You are yourself responsible for all your activities on and in connection with the CECIL site.
CECIL will ensure proper care and maintenance of the CECIL site. However, CECIL gives no guarantee that the CECIL site will be accessible at all times. CECIL also does not guarantee that the CECIL site will always be in the most up-to-date condition and free of defects. It is possible that delays, transcription errors or even misinformation could occur.
CECIL is only liable to the extent that CECIL, its agents and/or statutory representatives commit deliberate or grossly negligent conduct.
In the event of minor negligence, CECIL will only be liable to the extent that major obligations of the agreement are infringed by CECIL, its agents and/or statutory representatives. In this case, there is no liability of CECIL and/or its agents and statutory representatives in the event of asset loss in respect of indirect damage, especially consequential damage, unforeseeable damage or untypical damage as well as loss of profit.
Any statutorily prescribed fault-Independent liability of CECIL - especially a statutory guarantee liability - is not affected by the above restrictions of liability. This also applies to the liability of CECIL in the event of culpable injury of life, limb or health.
The four previous paragraphs contain all the contractual and noncontractual claims which arise out of the present agreement and/or the use of the CECIL site.
Links
In some circumstances, the CECIL site will contain links to other websites, whose contents cannot be managed and/or influenced by CECIL. These are purely for reference purposes. CECIL is not liable either for the accuracy of the content of these websites or for the material which can be obtained from these websites. The linked sites of the relevant website were reviewed at the time of the establishment of the link for possible legal infringements. However, without specific grounds for suspicion of a legal infringement, permanent control of the content of the linked site cannot reasonably be expected.
Submissions
All notices, proposals, ideas and other contents which you provide to CECIL, will be regarded as provided on a nonconfidential basis. CECIL reserves the right to use this information at its exclusive discretion. CECIL is not subject to any obligation (i) to treat the submissions as confidential or (ii) to respond to any submissions. You are responsible for ensuring that none of your submissions infringe the rights of third parties (including copyright, trademark, patent, commercial secrecy, privacy or other personal rights or intellectual property rights) and to that extent indemnify CECIL from all claims of third parties, including reasonable costs of legal defence.
Changes/Improvements
CECIL reserves the right to change the present utilisation conditions and the content and structure of the CECIL site at any time. This also includes modifying or completely ceasing specific offers and services with a cost obligation.
Miscellaneous
The law of the Federal Republic of Germany will be applicable. The use of UN purchasing law and international private law is excluded.
The legal venue is Hanover, if the user is a commercial agent.
© CECIL GmbH August 2007
