1.4. The Platform is operated exclusively by ELO Digital Office GmbH ("ELO"), headquartered in Stuttgart, Germany.
2. Changes to the GTC/Right of termination
2.2. Changes to the GTC shall be deemed as accepted by the User if the User continues to use offers from ELO one month after the new GTC takes effect or the User does not terminate the agreement within two months of the changes taking effect.
3.1. The Provider shall offer services to the User subject to availability. The Provider shall endeavor to ensure that the service is accessible at all times. Maintenance work, further development, or malfunctions may result in restrictions or temporary interruptions to availability. As a result, data loss may occur in some circumstances. This does not entitle affected Users to compensation.
3.2. Furthermore, the Provider is entitled to change or discontinue the services offered at any time at its own discretion without prior notification.
4. User Agreement/Opening a User Account
4.1. The User must conclude a User Agreement for certain online offers, such as My ELOoffice or participation in the forum. This User Agreement is concluded when the User submits a request for a personal user account from ELO. Registration requires the User to
- provide the data requested in the registration form ("Registration") and
- the User must either be a natural person with legal capacity over the age of 18, or a legal person, or a company in accordance with Section 6 German Commercial Code (Handelsgesetzbuch - HGB).
The User does not have a legal right to be granted access. ELO reserves the right to deny registration to any User, and hence the conclusion of a User Agreement, without giving any reasons.
4.2. This permission applies to the User personally and cannot be transferred to others. The User is responsible for maintaining the confidentiality of the user name and password.
4.4. By registering, the User is entitled to use all offers on the Platform. These offers include ordering goods from the ELOoffice shop and using services in My ELOoffice.
4.5. The User must be a resident in Germany or another Member State of the European Economic Area or Switzerland to be able to use the offers. If the User moves residence or principal place of business to other regions, this permission no longer applies. The User is obligated to inform ELO of such a change immediately.
4.6. The User shall ensure that all personal information is correct and is obligated to notify ELO immediately of any changes to this data.
5. Obligations of the User
5.1. In using the services, the User shall not violate any applicable laws or contractual provisions. The User also affirms that the content it circulates does not infringe any rights of third parties, especially copyright, personal rights, patent and trademark rights and other such rights, that applicable criminal laws and laws for the protection of children and young people will be observed and that no material will be distributed that is racist, denies the Holocaust, is grossly offensive, pornographic or sexually explicit, harmful to minors, extremist, glorifies or trivializes violence, glorifies war, promotes a terrorist or extreme political association, incites crime, contains defamatory or abusive content or such that is unsuitable for minors or that may be liable to prosecution in some other way.
6.1. By registering, each User receives a unique password, which is required for access to ELO services. The User is not permitted to disclose this password to third parties and must keep it safe in order to prevent unauthorized access.
6.2. The User must notify ELO immediately if the password is lost or if the User becomes aware that an unauthorized third party has gained access to the password. If the User is unable to prove that a third party obtained knowledge of the User's ELO login data without permission, the User shall be invoiced for all orders and services placed via that User's account. The User is liable for any unauthorized use by third parties unless able to prove that they are not responsible.
7. Scope of Use/Copyright
7.1. The User is not entitled to use the offers provided by ELO for commercial purposes.
7.2. All content, information, images and pictures, videos, and databases published by ELO on the Internet platform are protected by copyright. Material may not be used, copied, reproduced, published or distributed, including inclusion in databases, in any way except for the User's own personal non-commercial use. Any other use requires the prior written permission of ELO. This also applies to excerpts or cropped images.
9. Right to cancel
9.1. The User reserves the right to cancel the User Agreement within two weeks of receiving confirmation of registration. The User may cancel registration using the subject line "Cancel ELO registration" by writing to one of the following addresses:
ELO Digital Office GmbH
Tübinger Str. 43
10.1. ELO reserves the right to terminate the User Agreement at any time without giving reasons. In this case, the permission to use the offers on the Platform shall no longer apply.
10.2. Notwithstanding, ELO will terminate the User Agreement in particular if the User makes false statements when registering, registration requirements do not apply to the User, the User breaches the provisions of the GTC and the special terms listed under 1, or if there are serious indications of unlawful activities by the User.
10.3. ELO shall notify the User of registration on the corresponding confirmation page and of termination in writing, by fax, or by e-mail.
10.4. The User reserves the right to terminate the User Agreement at any time without giving reasons. ELO shall withdraw the registered account as soon as notice of termination is received. Termination may be given in writing. The User must send notification of termination to one of the following addresses using the subject line "Termination of ELO Registration":
ELO Digital Office GmbH
Tübinger Str. 43
11. Changes to and discontinuation of offers on the Platform
11.1. ELO is not obligated to provide the services offered and reserves the right to cease providing the services offered on the Platform and the URL at any time without giving any reasons. The User is not entitled to make any claims against ELO in this connection unless expressly stated otherwise in the special terms.
12. Liability of ELO
12.1. ELO does not assume liability for ensuring that interactive processes are delivered to the User correctly and that the User has access to the Internet at all times. In addition, ELO does not guarantee that data is transmitted at a certain speed.
12.2. ELO is also not liable for malfunctions resulting from defects or disruptions related to the User's computer or the communication channels from the User to the server, or due to misuse of the user name and password.
12.3. ELO shall not be responsible for any data loss during transfer outside of its domain. Transfer of risk takes place as soon as the data is delivered or a post is available for retrieval on the server. ELO does not assume liability for data security outside of its domain.
12.4. The Provider makes the posts available to the User for access/use in line with the User Agreement. ELO assumes neither explicit nor implied liability for the correctness, completeness, reliability, currency, or viability of the accessed posts.
12.5. ELO shall rectify any disruptions or errors as soon as possible and shall endeavor to eliminate minor impairments within a reasonable period. ELO shall endeavor to ensure that the service is accessible at all times. However, the User does not have the right to demand constant availability of the service.
12.6. ELO excludes liability to the extent permitted by law.
12.7. ELO shall be held liable on whatever legal grounds if it causes damage through gross negligence or with intent or violates an obligation that is material to the contract, in the event of default or inability to fulfil the contract to the extent that such damages were reasonably foreseeable on conclusion of the contract (including, but not limited to, lost profits, business interruption, loss of business information, or any other financial damage) arising out of the use or inability to use the service and materials, even if ELO has previously been advised of the possibility of such damages.
12.8. Liability for personal injuries and in accordance with the German Product Liability Act (Produkthaftungsgesetz) is not affected.
12.9. The User is only entitled to assert claims for damages insofar as the Provider is held liable pursuant to Sections 276 and 278 German Civil Code (Bürgerliches Gesetzbuch - BGB)
12.10. ELO has no influence over the contents of external websites that can be accessed through the ELO website and does not accept any liability in connection with or endorse or approve the contents of any such website.
13. Complaints Procedure Pursuant to Section 14 Paragraph 1 ODR Directive and Section 36 German Act on Dispute Resolution in Consumer Matters (VSBG):
The European Commission has established the Online Dispute Resolution website https://ec.europa.eu/consumers/odr/ . We are not legally obligated or willing to enter into a dispute resolution proceeding before a dispute resolution body.
As a customer-oriented company which strives to maintain good relationships with our customers, we believe that it is possible to resolve a dispute without the need for a dispute resolution body. In the event of disagreements or disputes between the customer and ELO Digital Office GmbH, we will continue to attempt direct negotiations with the customer to find an out-of-court solution that is of mutual benefit to all parties involved.
If you have any questions, you can send an e-mail to: info(at)elooffice.com
14. Final provisions
14.1. ELO sends notifications to the User in the form of e-mails. The User consents to receiving e-mails from ELO about all types of updates to the Platform.
14.2. To the extent that a date and/or time are decisive for declarations and legal transactions, the date and time shown by the ELO server shall apply.
14.3. ELO reserves the right to assign the performance of its services in whole or in part to third parties at any time. All agreements between ELO and the User shall be governed exclusively by the laws of the Federal Republic of Germany with exclusion of the UN Convention on Contracts for the International Sale of Goods.
14.4. The courts of Stuttgart shall have jurisdiction in the case of commercial users. This jurisdiction also applies in the case of non-commercial users in so far as this complies with the German Code of Civil Procedure and the Brussels I Regulation.