General Terms of Use

Neoperl AG, Pfeffingerstrasse 21, 4153 Reinach BL, Switzerland, commercial register no. CHE-263.739.460, is the operator of this website on behalf of the Neoperl Group (hereinafter Neoperl) and is pleased that you are visiting our website. On our website, Neoperl provides you with a variety of information, documents and services regarding Neoperl products.

These Terms of Use govern access to the website www.neoperl.ch (hereinafter Website) as well as the information, documents and/or services of Neoperl offered thereon (hereinafter Web Content). When you use the Website you undertake to comply with all provisions in these Terms of Use which, together with our Privacy Policy, govern your relationship with Neoperl in relation to this Website. You should therefore read these Terms of Use carefully. By continuing to use our Website, you are deemed to have consented to these Terms of Use.

Should you wish to purchase Neoperl products online, you have to open a customer account in order to obtain access to a local Neoperl webshop. The use of a local Neoperl webshop is not the subject of these Terms of Use but of the local general terms and conditions of the local Neoperl webshop in question.

1. Content and availability of the online offering

Neoperl reserves the right to change, extend or reduce the information, documents and/or services offered at any time and to decide the technical availability of the Website.

2. Rights of use of Web Content

You may browse this Website, and download and use individual files or content that is earmarked for downloading, provided that you use the information exclusively for internal purposes. Any reproduction, amendment or passing on to third parties without the written consent of the Neoperl Group is prohibited.

3. Intellectual property rights

Neoperl owns all intellectual property rights in texts, images, photographs, graphics, audio files, video files and animated files provided on the Website (in particular copyright, trademarks, designs, patents and/or associated know-how). Any reproduction, communication, amendments, processing, linking or use for commercial purposes without the prior written authorisation of Neoperl is prohibited.
Such authorisation shall not constitute an assignment of rights but only a licence granted to you to use the texts, images, photographs, audio files, video files and animated files for a pre-defined purpose and period of time. Any unauthorised commercial use constitutes an infringement of rights and will be sanctioned accordingly. Neoperl reserves the right to withdraw authorisation at any time with reasonable notice.

4. Brands

Where possible, any protected trademarks will be designated as such. The absence of such designation shall not, however, mean that a trademark is not protected.

5. Completeness and accuracy of the Web Content

5.1. The Web Content does not constitute any representations or express warranties. In particular, it does not constitute any assurance or express warranty with regard to the quality, suitability for certain purposes or non-violation of laws or third party rights.

5.2. Neoperl does not assume any liability for the accuracy, completeness, reasonableness, suitability, currency and/or quality of the Web Content. By using the Website you confirm that the Web Content may contain technical inaccuracies or substantive mistakes.

5.3. Individual Web Content may refer to products, programs or services that are not available in certain countries. You may obtain information regarding products or services available in your country at your local Neoperl branch.

6. Liability

6.1. Neoperl provides access to the Website and the Web Content free of charge. Neoperl is therefore only liable in accordance with statutory provisions for intent and gross negligence, in the event that it has given express warranties or in any other cases of strict liability as well as in the event of culpable harm to life, limb or health. Any liability of Neoperl beyond the above is excluded. Insofar as the liability of Neoperl is excluded or limited, this also applies with regard to the personal liability of its legal representatives, senior employees or persons employed in performing a contractual obligation for whom Neoperl is vicariously liable.

6.2. Without prejudice to clause 6.1 Neoperl does not accept any liability for fault-free, uninterrupted access to the Website. Neoperl reserves the right to rework, temporarily suspend or delete the Website at any time without prior notice. Without prejudice to clause 6.1 Neoperl does not accept any liability for consequences that may arise from these changes.

7. References and links

The Website may contain links (hereinafter Links) to third party websites. Moreover, the Website may be accessed via links on third party websites. Neoperl does not accept any liability for the availability or content of such third party websites and refuses all liability for loss or damage that may be suffered following the use of such content or access to or via those websites. Links to third party websites are only intended to improve the user friendliness of the Website and to provide further information to you.

8. User account

8.1. You may apply for a user account which will allow you access to a large number of technical drawings. Access data will be provided to the users in question on a company-specific basis, and may only be used for internal business purposes of the company in question. Any reproduction, amendment or passing on to third parties without the written consent of the Neoperl Group is prohibited. The access data for the user account must be treated confidentially and must not be disclosed to third parties.

8.2. If a user leaves a company for which Neoperl has provided access data, Neoperl must be informed about such departure. The company must apply for fresh access data for any new users.

8.3. In the event of deviations or ambiguities in relation to user accounts, Neoperl reserves the right to deactivate the user account.

9. Privacy

Personal data shall be collected, processed and used in accordance with our Privacy Policy.

10. Amendments to the Terms of Use

Neoperl reserves the right to change these Terms of Use at any time. For the latest version, please refer to our Website www.neoperl.ch.

11. Applicable law and legal venue

11.1. The use of this Website as well as all disputes arising from the use of the Website shall be governed by Swiss law without reference to any conflict-of-law rules. The exclusive legal venue for disputes arising out of or in connection with these Terms of Use are the courts at the registered office of Neoperl AG.

11.2. If you are a consumer and any mandatory statutory consumer protection provisions are applicable in the country where you have your habitual abode, such provisions shall apply irrespective of the choice of Swiss law. As a consumer, you are entitled to assert claims in connection with these Terms of Use both at the court with jurisdiction for your place of residence and the court with jurisdiction for the registered office of Neoperl AG. If Neoperl wishes to assert its rights against you as a consumer, the competent courts at your place of residence shall have exclusive jurisdiction.

 

Last updated: October 2019

The original text was written in German. In the event of legal disputes, the German version shall apply.