Terms of Use

1 Scope

These terms of use are valid at the website at Internet address www.torqeedo.com and all associated services ("webpages") operated by Torqeedo GmbH, Einsteinstrasse 901, Campus Ost, 82234 Wessling Phone: +49 - (0) 8153-9215-100 Fax: +49 - (0) 8153-9215-319 E-mail: info@torqeedo.com, represented by Managing Directors Fabian Bez, Heiko Vietmeier & Takayuki Sato (hereinafter referred to as "Torqeedo").

2 Web pages

2.1 Torqeedo makes every effort to ensure that its website is maintained with the utmost care. All the data and information included on our website together with the associated services have been researched and checked by Torqeedo and third parties with great care. However, neither Torqeedo nor any third party can provide any explicit or implicit guarantee for the information published on this website being accurate, complete and up-to-date. It may be subject to delays and contain misspellings or errors.

2.2 Torqeedo reserves the right to change these terms of use as well as the content and structure of the website and services at any time. This may include charging for specific offers and services or discontinuing them altogether.

3 Obligations of the user

3.1 Each user of Torqeedo's website and services is responsible for his/her own activities. The use of the website and associated services is at the user's own risk.

3.2 In addition, users are obliged to observe the laws of the Federal Republic of Germany. In particular, every user undertakes to comply with current child protection legislation.

3.3 Torqeedo's website and services may not be used for unlawful purposes. In particular, it is forbidden to register third parties for Torqeedo's newsletter without their knowledge.

3.4 User activities that aim to render Torqeedo's website and associated services inoperable, or at least to make their use more difficult, are forbidden and may lead to civil and criminal action being taken.

4 Liability

4.1 Torqeedo bears unlimited liability for statutory liability regardless of fault (e.g. arising from warranty or according to the Product Liability Act – ProdHaftG) as well as in the case of personal damage (injury to life, body or health). Torqeedo also bears unlimited liability for intent and gross negligence. In the case of slight negligence, Torqeedo will only be liable for the breach of cardinal obligations. Cardinal obligations are deemed to be those obligations that must be met towards the purchaser in accordance with the spirit and purpose of the actual contract or whose fulfilment is essential for the proper execution of the contract and on whose observance the purchaser may normally rely. However, in such cases Torqeedo will not be liable for indirect or unforeseeable damage, for consequential damage, for loss of profit or savings that do not materialise. For the rest, any liability on the part of Torqeedo for slight negligence is excluded. This limitation of liability also extends to Torqeedo's legal representatives, employees, salaried staff and agents.

The following applies if you are a businessperson: In the case of a breach of cardinal obligations and only slightly negligent behaviour on the part of Torqeedo, Torqeedo's liability will be limited to three times the net invoice amount of the goods or services causing the damage.

4.2 Where the website and associated services contain third-party information or links to third-party Internet pages, this occurs exclusively as an additional service for users. Torqeedo is not responsible for content that they may contain and makes no claim that such content is its own. Torqeedo assumes no liability for damage that may arise in connection with accessing or using the contents of third-party Internet sites. This also applies in the event that Torqeedo is linked to a third-party site by means of a "hyperlink" without its knowledge.

4.3 The aforementioned liability provisions apply to all contractual and non-contractual claims that may result from this agreement or the use of Torqeedo's websites and services.

5 Trademark rights and copyright

5.1 "Torqeedo" is a registered trademark. Logos, trademarks, brands, common names and other identifiers are also protected by trademark law and corresponding protection provisions even if they are not identified as such. The use of this/these designation(s) or the associated logos is only permitted with Torqeedo's prior written consent.

5.2 Furthermore, the content of the Torqeedo's website and associated services, in particular photographs, are also protected by copyright. They may therefore not be reproduced or used in any other way except for private purposes. Any publication requires Torqeedo's prior consent.

6 Final provisions

6.1. The laws of the Federal Republic of Germany apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

6.2 The place of jurisdiction is Munich if the user is a businessman.

6.3 These terms of use can be accessed at https://www.torqeedo.com/us/customer-service/terms-of-use.html.

Last updated: 19 December 2014