General Terms and Conditions of Use

The use of the website www.koelln.de and its second-level domains and subdomains (collectively referred to as the “website”) is subject to the following terms of use:

1. Use of contract-related content

If we, Peter Kölln GmbH & Co. KGaA, Elmshorn, offer you services, products and other contract-based benefits on our website (for a fee or free of charge), the conclusion of contracts under applicable German law requires that you are of full legal capacity and at least 18 years of age. If you are over 7 but not yet 18 years old, the validity of contractual declarations of intent requires the consent of your legal guardian.

2. Contents and functions of our website

(a) Own content

The content available on the website has been editorially reviewed with due care and attention to detail. However, we do not guarantee the timeliness, accuracy or completeness of the content.

(b) Linked content

The content of external websites that can be accessed via hyperlinks from the website or that refer to our website is third-party content over which we have no influence and for which we assume no liability, in particular no warranty.

We would like to point out that we have no influence on the content and design of third-party websites and the content and functionality of third-party software to which we refer via links, and do not adopt their content as our own.

(c) User-generated content

To the extent that we allow user-generated content on our website, this is intended to facilitate the exchange of information between users and is, in the broadest sense, product- and company-related. Our interactive services are not a platform for political or ideological issues. Further details are governed by Section 4 of these Terms of Use.

3. Liability

We are liable for content on our website subject to the following provisions in accordance with the statutory provisions.

The information on our website is created with the utmost care. Even though we believe that the information and content we provide is accurate, it may still contain errors or inaccuracies. The information and content provided are provided solely for advertising purposes and are non-binding. We assume no liability for the accuracy of the information and content on our website. In particular, we cannot assume any responsibility for the information meeting the intended purpose desired by users. This only applies if we have expressly agreed otherwise with the user or if we clearly intend to guarantee the accuracy of the respective information or content to the user.

For all claims for damages and reimbursement of expenses brought against us due to a breach of duty for which we are responsible, we shall only be liable in cases of slight negligence if the breach of essential obligations jeopardises the purpose of the contract. Otherwise, our liability for slight negligence is excluded. In the case of liability under the foregoing and any liability regardless of fault, we shall only be liable for typical and foreseeable damages.

The above limitation of liability does not apply to liability for strict liability or to damages resulting from injury to life, body or health.

4. Interactive services

If we offer interactive services on the website, such as chat services, comment functions, or guestbook entries, we want to protect your freedom of expression, as well as the freedom of expression of other visitors, and expect all users to respect the rights of others. This means, above all, that users treat each other fairly and objectively and, where appropriate, tolerate differing opinions of others. The following basic rules of conduct must be observed:

• When using our website, all activities that violate applicable law and/or common decency or that technically disrupt, misuse and/or damage the services on our website are prohibited;

• Content that glorifies violence, is harmful to minors, or incites hatred, or that calls for criminal acts, is prohibited; furthermore, instructions for committing criminal acts and content that is likely to offend the political or religious views of dissenting third parties are prohibited, as is content that has no connection with our company or its products.

• Comments posted by users must not violate the rights of third parties. Third-party rights include, in particular, the personal rights of individuals and companies, as well as rights to names, trademarks and copyrights, which the user in question may not dispose of.

• Users do not abuse or harm others or themselves (or threaten or encourage such behavior), for example, through misleading, fraudulent, defamatory, bullying, harassment or stalking; and

• Postings, especially comments, may not be used for advertising purposes for third-party services/offers.

If and to the extent that we become aware of any violations of the above rules, we will remove the relevant comments immediately. Regardless of whether a violation of the rules exists, we reserve the right to remove comments at any time and at our sole discretion. Furthermore, we reserve the right to permanently exclude users who violate the rules from using the comment function at any time. There is no legal right to the publication of postings and comments.

As a precaution, we would like to point out that user postings, reposts, and comments do not necessarily reflect our opinions, and we do not adopt them as our own. We also do not guarantee the accuracy and legality of such content. Despite careful maintenance of our website, we cannot review comments for compliance with the above regulations before publication.

5. Registration for interactive services on our website; cancellation policy

If we provide you with a comment function on certain topics on the website, we require your name or a pseudonym of your choice. This serves only to facilitate and promote communication on the website. If you post/repost comments or similar, we collect your name/pseudonym and your email address and store this information to prevent spam on our website through technical precautions. The disclosure of the data you provide in this context is expressly voluntary and with your consent.

We will use the personal data transmitted in this way exclusively for the purpose for which you provided it to us.

Of course, you can revoke your consent at any time. Please send an email to onlinemarketing@peterkoelln.de.

You can also terminate your registration at any time without notice. To terminate, simply send an email to onlinemarketing@peterkoelln.de.

In addition, you can change or update your registered information at any time in your personal area.

Please use a secure password and ensure that you do not make your password accessible to third parties. We are not liable for any misuse by third parties using your login name in conjunction with your password, unless we or our employees and vicarious agents are at fault for the misuse.

If you become aware of any misuse of your login name/registration data, you must notify us immediately; you must change your login information immediately.

6. Our intellectual property rights

All rights to the design and content of this website remain with us and are subject to copyright and other intellectual property rights. The use of website content for your own commercial purposes, in particular copying it for use on other websites or distributing it for a fee, is prohibited unless we have expressly consented to such use in writing or by email.

The use of the Internet is associated with general risks due to public access and the potential for illegal manipulation of content by unauthorized third parties. These risks also exist when using the website www.koelln.de. Claims against us arising from the materialization of these risks are excluded unless we are responsible for them.

7. Availability of the website

We strive to ensure the website's usability is as uninterrupted as possible. There is no entitlement to a specific minimum level of availability; compensation for damages resulting from any unavailability of the website and any lack of or interrupted functionality of the services offered there is excluded.

8. Applicable law

German law applies exclusively to the use of the website and its access.