General Terms of use

1. Area of application

1.1 Use of the internet site provided by Mangelberger Elektrotechnik GmbH (in the following: "Mangelberger website") is exclusively permitted under these conditions. These general terms of use can be supplemented, modified or replaced in individual cases by further conditions, e.g. for the acquisition of products and/or services. By logging in, or, if a separate log-in should not be necessary, by starting to use the site the validity of these terms of use in their respective version is accepted.

1.2 If, while using the Mangelberger website, the user acts as a, or on behalf of an enterprise, i.e. exercising a commercial or independent occupational activity or acts for a public body, § 312e Paragr. 1 p. 1 No. 1 - 3 of the German civil law book (BGB) is not applicable.

2. Services

2.1 On these websites Mangelberger provides specific information and software, if necessary complete with documentation,  for viewing or downloading.

2.2  Mangelberger is entitled to totally or partially cancel at any time the operation of the Mangelberger website. Due to the nature of the internet and of computer systems Mangelberger does not guarantee the continuous availability of the Mangelberger website. This applies in particular to the data base system SIS (Store Information System).

3. Registration, password

3.1 Some pages of the Mangelberger website can be password-protected. In the interest of the security of business operations, only registered users are permitted access to these pages. No automatic right to a registration through Mangelberger exists. In particular Mangelberger reserves the right to subject previously public pages to the obligation to register. Mangelberger is at any time authorised to recall the access authorisation by blockage of the access data without the need to provide an explanation, in particular if

  • the user submitted false data at registration,
  • the user violated these conditions or his duties to exercise diligence in handling the access data or
  • the user has not used the Mangelberger website for a longer period of time.

3.2 If a registration is intended, then the user is obliged to submit truthful data for the registration and to report possible later changes to Mangelberger immediately (as far as intended: to communicate on-line). The user will ensure that he receives the e-mails, which are sent to the email address indicated by him.

3.3 After registration the user receives a user name and a password (in the following also: "user data"). During the first access the user will change the password sent by Mangelberger into a password only he knows. The user data enable the user to inspect his data, to change the data or to recall or to extend his (possible) consent to data processing.

3.4 The user guarantees that the user data does not become accessible to third parties and is responsible for all orders and other activities made under the user data. After each session, the password protected section must be exited. As far as the user attains knowledge of third parties using the user data abusively, he is obliged to inform Mangelberger immediately in writing or, if need be, beforehand by e-mail.

3.5 Mangelberger will block the access to the password-protected section with these user data after receipt of the report stated in 3.4. The abolition of the block is only possible after separate request of the user with Mangelberger or after new registration.

3.6 The user can, at any time, demand in writing the deletion of his registration, if the completion of current contractual relations does not oppose the deletion. In this case Mangelberger will delete all user data and all other saved personal data of the user, as soon as these are no longer needed.

4. Rights of use of information, software and documents

4.1 Use of information, software and documentation provided by the Mangelberger website is subject to these conditions or, in case of updating of information, software or documentation, subject to relevant license conditions, agreed upon beforehand with Mangelberger. Separate agreed license conditions take precedence over these conditions. 

4.2 Mangelberger grants the user a non-exclusive and non-transferable right to use the information, software and documentation on the Mangelberger website to the extent that was agreed upon or, if nothing is agreed upon, as it corresponds to the intent pursued with the provision and relinquishment by Mangelberger.

4.3 Software is relinquished in machine-readable form. No entitlement to the publishing of the source code exists. Source codes of Open Source Software, whose license regulations take precedence over these conditions in case of passing on of Open Source Software and  prescribe the publication of the source, are excluded. In this case Mangelberger will make the source code available against reimbursement of costs.

4.4 Neither information, software nor documentation may be sold, rented or handed over to third parties by the user at any time. As far as binding legal regulations do not permit something else, the user may neither change,  back-develop nor translate the software or its documentation nor may he extract parts. The user may create a backup copy of the software, if this copy is necessary to secure future use.

4.5 The information, the software and the documentation are protected both by copyright laws and international copyright contracts as well as by other laws and agreements over intellectual property. The user will respect these rights and will especially not remove alphanumeric identifications, marks and copyright notices from the information, the software or from the documentation. 

4.6 §§ 69a et sqq. Copyright Law remain otherwise untouched.

5. Intellectual property

5.1 Regardless of the special regulations in number 4 of these conditions, information, label names and other contents of the Mangelberger website may not be changed, copied, duplicated, sold, rented, used, supplemented or otherwise used without prior written permission from Mangelberger.

5.2 Apart from the rights of use or other rights expressly granted herein, the user is not granted any further rights no matter of which kind, in particular to use the company name and commercial patent rights, such as patents, industrial property or brands, nor is Mangelberger under any obligation to grant such rights.

6. Duties of the user

6.1 While using the Mangelberger website the user may not:

  • damage persons, especially persons under age, or violate their private rights;
  • offend morals with his behaviour while using the website;
  • violate commercial protection rights and copyrights or other property rights;
  • transfer contents with viruses, so-called  Trojan horses or other programming that can damage the software
  • enter, store or send hyperlinks or contents, to which he is not authorised, in particular if these hyperlinks or contents violate secrecy obligations or are illegal; or
  • spread advertisements or unrequested e-mails (so-called "Spam") or unfounded warnings of viruses, malfunctions and such things or to request the participation in competitions, snow ball systems, chain letter -, pyramid-play and comparable promotions.

6.2 Mangelberger may at any time block the access to the Mangelberger website, in particular if the user is in breach of his obligations from these conditions.

7. Hyperlinks

The Mangelberger website may contain hyperlinks to web pages of third parties. Mangelberger neither takes on responsibility for the contents of these web pages nor does Mangelberger adopt these web pages and their contents, since Mangelberger does not check on the linked information. Their use takes place at the user’s own risk.

8. Liability for defects of title and quality

8.1 If information, software, or documentation is supplied free of charge, liability for defects of quality and title of the information, software and documentation, in particular for their correctness, accuracy, liberty from protection and copyrights of third parties, completeness and/or usefulness - except in case of premeditation or malicious intent as well as of injury of lives, bodies or health – is excluded.

8.2 The information can contain general descriptions of technical possibilities of individual products, which do not always have to be available in individual cases (e.g. due to product changes). Therefore, desired performance of the products are to be agreed upon in individual cases at the time of the purchase.

9. Other liabilities, viruses

9.1 The liability of Mangelberger for material  and title defects depends on the regulations in number 8 of these conditions. In addition, any other liability of Mangelberger is excluded, as long as it is not e.g. because of premeditation, gross negligence, because of injury to life, the body or health, because of the takeover of a  legally binding warranty, because of intentional concealment of a defect or because of the violation of substantial contract obligations. The payment of damages due to violation of substantial contract obligations is however limited to the contract-typical, foreseeable damage, as long as premeditation or gross negligence is not present.

9.2 Although Mangelberger always endeavours to keep the Mangelberger website virus-free, Mangelberger does not guarantee that it is virus-free. Before downloading information, software and documentation the user will ensure for his own protection, as well as for the prevention of viruses on the Mangelberger website, that appropriate safety devices and virus scanners are used.

9.3 A change in the burden of proof to the disadvantage of the user is not connected with the preceding regulations in the numbers 9.1 and 9.2.

10. Export Control

10.1 The export of certain information, software and documentation can - e.g. due to its kind or its intended purpose or final whereabouts - be subject to duty to obtain a permit. The user will strictly consider the relevant export regulations for information, software and documentation, in particular the European Union and/or the European Union member states as well as the USA. Mangelberger identifies information, software and documentation with respect to the duty to obtain a permit in accordance with German, European Union and US export control lists.

10.2 The user will especially check and ensure that

  • die überlassenen Informationen, Software und Dokumentation nicht für eine rüstungsrelevante, kern-technische oder waffentechnische oder sonstige militärische Bestimmung verwendet werden;
  • keine Unternehmen und Personen, die in der US Denied Persons List (DPL) genannt sind, US-Ursprungswaren, -Software und -Technologie erhalten;
  • keine Unternehmen und Personen, die in der US-Warning List, US-Entity List und US-Specially De-signated Nationals List genannt sind, ohne Genehmigung US-Ursprungserzeugnisse erhalten; und
  • die Frühwarnhinweise der zuständigen deutschen Behörden beachtet werden.
  • the supplied information, software and documentation will not to be used for an armament-related, nuclear or weapons-technology or other military purpose;
  • no companies and persons, which are named in the US Denied Persons List (DPL), receive goods,  software and technology of US origin;
  • no companies and persons, which are named in the US Denied Persons List (DPL), US-Entity List and US- Specially Designated Nationals List, receive products of US origin without permission; and the early warning hints of the responsible German authorities be considered.

Access to software, documentation and information on the Mangelberger website may take place only if it corresponds to the examination and security specified above; otherwise Mangelberger is not obligated to provide a service.

10.3 Mangelberger will provide a contact centre for further information if desired by the user.

11. Data protection

With the collection, with the use and with the processing of personal data of the user of the Mangelberger website, Mangelberger observes the applicable data security regulations, which can be viewed via hyperlinks on the Mangelberger website and/or at www.mangelberger.com.

12. Special agreements, place of jurisdiction, applicable law

12.1 Special agreements must be in written form.

12.2 Place of jurisdiction is, if the user is a buyer in the sense of the commercial code, Nürnberg / Deutschland

12.3 Businesses which are resident in Germany operate and take responsibility for the Mangelberger website. Mangelberger does not take responsibility for the fact that information, software and/or documentation on the Mangelberger website also may be accessed or downloaded at places outside of Germany. If users outside of Germany access the Mangelberger website, they themselves are responsible for the adherence to the regulations of the respective federal state law. The access to information, software and/or documentation on the Mangelberger website from countries, in which this access is illegal, is not permitted. German law applies under exclusion of the UN purchase right.