I. Scope of application

1. elementar.com and portal.elementar.com (the “websites“) are an offer from Elementar Analysensysteme GmbH, Elementar-Straße 1, 63505 Langenselbold, Hanau HRB 5521 (“ELEMENTAR“). The following terms regulate the internet offers available on the websites.
   
   
2. ELEMENTAR reserves the right to modify these Terms of Use and to adapt them to future developments. The Terms of Use published at the time of the visit shall apply.
   
   
3. The General Terms and Conditions of Elementar Analysensysteme GmbH ("GTC") shall apply to business relations with ELEMENTAR regarding consumables, devices and other products. In addition, the General Terms and Conditions of Elementar Analysensysteme GmbH for the Customer Portal ("GTC-CP") shall apply where orders are placed via the Customer Portal.
   
   
4. In all other respects, unless directly amended or expressly excluded in these Terms of Use, the statutory provisions shall apply.
    

II. Content of the websites

1. ELEMENTAR provides information about the company, its products and services free of charge on its websites. In addition, ELEMENTAR enables registered Users of the websites to purchase products via the Customer Portal and to register to receive the Newsletter and to attend ELEMENTAR webinars and events.
   
   
2. ELEMENTAR is entitled to change, restrict or completely discontinue the websites at any time at its reasonable discretion.
   
   

III. Use of the internet offers

1. The internet offers made available on the websites may only be used in the manner intended by ELEMENTAR.
   
   The User is not authorised

• to use the contents of the websites for commercial or professional purposes without prior consent of ELEMENTAR, unless the use is expressly authorised to do so by ELEMENTAR or such use already results from the purpose of the offer of the contents;
• to bypass, disable or otherwise interfere with any functions (e.g. search masks) of the websites, in particular to take any measures that could place an excessive load on the infrastructure of the websites;
• to block, overwrite or modify any content generated by ELEMENTAR.

2. The information required for the use of the internet offers is to be provided by the User correctly and completely. ELEMENTAR will not process incomplete or incorrectly completed forms.
   
   
3. In the event of infringements of the prohibitions according to clause 1, ELEMENTAR reserves the right to exclude the User from the use of the services offered and in the event of culpable conduct to claim compensation for any damage incurred.
   
   

IV. Registration for internet offers

1. The registration and use of the internet offers made available on the websites is exclusively open to entrepreneurs in the meaning of Section 14(1) of the German Civil Code (BGB), legal entities under public law or a special fund under public law as well as their employees.
   
   
2. The User can register for the following offers:
   
   

• Customer Portal: Registration for the Customer Portal takes place on the Customer Portal via the "Register" button. Registration requires the entry of all mandatory information, acceptance of these Terms of Use, confirmation by clicking on the "Create an account" button and verification of the e-mail address provided by activating the customer account via the activation link sent during registration.
• Newsletter: Registration for the newsletter takes place either as part of the registration for the customer portal by selecting the "Yes"under the heading "Sign Up for Newsletter" or separately on the customer portal or on elementar.com via the input provided for this purpose. The separate registration requires the indication of the e-mail address, the confirmation by clicking on the "Subscribe to Newsletter" button or the registration button as well as the verification of the indicated e-mail address by confirming the subscription to the newsletter via the activation link sent upon registration.
• Webinars: Registration for webinars takes place by selecting a webinar offer on one of the websites, clicking on the link "Please follow this link to register for the webinar", indicating the meeting number, clicking on the "Join" button, entering the mandatory personal details in the linked mask and clicking on the "Register Now" button.
  
  

3. The User can correct his details before completing the respective registration process.
   
   
4. The activation of the customer account or individual functions and information (e.g. User configurations or discounts) may take some time. ELEMENTAR endeavours to activate customer accounts as quickly as possible. There is no claim for activation of the customer account at a certain time.
   
   
5. ELEMENTAR will inform the User by e-mail about the registration and the activation of the account and, if necessary, provide further information (e.g. on the newsletter or webinar).
   
   
6. ELEMENTAR will not store the contract text in a form accessible to the User.
   
   
7. The User is obliged to protect the user name and password against unauthorised access by third parties. The password must be chosen in such a way that it complies with the User's usual security standards. It must contain at least one special character, one upper and one lower case letter as well as a number. The password must consist of at least eight characters.
   
   
8. To orders placed via the Customer Portal further regulations may apply (e.g. the “GTC-CP“).
   
   

V. Liability

1. ELEMENTAR always endeavours to ensure that the information provided is complete, correct and up-to-date. ELEMENTAR is liable for the correctness, completeness and topicality of the information presented only in accordance with this section.
   
   
2. In the case of intent and gross negligence - regardless of the legal basis - ELEMENTAR shall be liable for damages in accordance with the statutory provisions.
   
   
3. In the event of simple negligence, ELEMENTAR shall only be liable in the event of breach of a material contractual obligation, limited to compensation for the foreseeable, typically occurring damage. A material contractual obligation is an obligation, the fulfillment of which is necessary to achieve the purpose of the contract and on the fulfillment of which the User may regularly rely.
   
   
4. The limitation of liability according to clause 3 shall not apply to damages resulting from injury to life, body or health. Furthermore, it shall not apply in the event of fraudulent concealment or in the event of a guarantee exceptionally assumed by ELEMENTAR or in the event of claims arising from the German Product Liability Act (ProdHaftG).
   
   
5. Insofar as ELEMENTAR's liability is excluded or limited, this shall also apply to the personal liability of its employees, representatives and legal vicarious agents.

VI. Links

1. Responsible for contents linked from one of the websites (external links) is the respective owner. ELEMENTAR has checked the contents for possible legal infringements at the time the link was set. At that time no unlawful contents could be recognised. It is unreasonable to check the contents of linked websites for legal infringements permanently without specific indication. ELEMENTAR will remove such links immediately once an infringement becomes known. ELEMENTAR exludes its liablitly for any such infringing content.
   
   
2. Links to ELEMENTAR's internet offers may only be set with prior consent of ELEMENTAR, at least in text form. The same applies to the framing of internet offers.
   
   

VII. Intellectual property

ELEMENTAR retains all title and exclusive (copy-) rights of use to all texts, graphic representations and other contents on the websites. If trademarks, logos, images and films of third parties are used, ELEMENTAR is entitled to at least non-exlusive rights of use. It is prohibited to commercially reproduce, distribute, otherwise make publicly accessible or edit the aforementioned elements in whole or in part without prior consent of the rights holder.

VIII. Data protection

Please note our data protection information.

IX. Applicable law, place of jurisdiction, language

1. These Terms of Use and all legal relationships between ELEMENTAR and the User are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG), subject to mandatory international private law provisions.
   If the User is a consumer (Section 13 of the German Civil Code, “BGB“), the law of the country in which he usually resides shall apply if and to the extent that the choice of German law would deprive him of the protection granted to him by the corresponding provisions of his country of residence.

2. The competent courts for Langenselbold shall have exclusive jurisdiction over all disputes between ELEMENTAR and entrepreneurs within the meaning of Section 14 of the German Civil Code (“BGB“), legal entities under public law or special funds under public law arising from the use of the websites. However, ELEMENTAR is also entitled to assert its claims against the User at the general place of jurisdiction of the User.
   
   
3. The contractual language is German.

Status: January 2022