Terms of Use / Disclaimer

1        General / scope of application

1.1

These Terms of Use govern the use of this website and the content made available through it. The use of these websites offered by Röchling SE & Co. KG and/or its subsidiaries or group companies (hereinafter referred to as "Röchling") is subject exclusively to these Terms of Use in their current version. These General Terms of Use may be supplemented, modified or replaced by further conditions in individual cases.

1.2

If, when using the Röchling website, the user acts as or for a company, i.e. in the exercise of a commercial or self-employed professional activity, or for a public corporation, Section 312i (1) sentence 1 no. 1-3 BGB and the reference to Art. 246c EG BGB shall not apply.

1.3

In the case of offers addressed to companies or public corporations, the respective company or corporation is represented by the user and must be attributed his or her actions and knowledge.

2        Contents of the online offer

2.1

For information purposes, Röchling makes various contents available to users free of charge via the website, including but not limited to data, contributions, images, videos and documents (hereinafter referred to as "Contents"), which they may use in accordance with these Terms of Use.

2.2

The Contents of the Röchling website have been carefully compiled to the best of our knowledge. The information on the Röchling website is provided for general information purposes only and does not constitute advice. All offers are subject to confirmation and non-binding. Röchling reserves the right, at its own discretion, to change, supplement or delete parts of the pages or the entire offer at any time without prior notice or to cease publication temporarily or permanently and is under no circumstances obliged to update the website and the information provided. Nor does Röchling guarantee that the Contents of the Internet offer are suitable for the user and his or her purposes. Due to the nature of the Internet and computer systems, Röchling accepts no liability for the constant availability of the Röchling website.

3        Area subject to registration

3.1       Registration process, user data

3.1.1

Röchling reserves the right to protect access to some Röchling websites with a password. Access to these pages is only possible for registered users. However, there is no entitlement to registration by Röchling and thus access to password-protected Röchling websites. In particular, Röchling reserves the right to protect previously freely accessible websites with a password.

3.1.2

If registration is planned, the user is obliged to provide truthful information about the contact data requested by Röchling. Registered users are obliged to keep their contact details up to date. Röchling shall be notified immediately of any subsequent changes to contact details, if possible online. The user is responsible for receiving the emails sent to the email address provided by him or her.

3.2 Responsibility for user data

The user is responsible for ensuring that the user data is not made accessible to third parties and is liable for all orders and other activities carried out under the user data in accordance with the statutory provisions. If the user learns of misuse of his or her user data by a third party, he or she is obliged to inform Röchling immediately in text form. After each use, the user must log out correctly from the password-protected area.

3.3 Termination or blocking of registration

3.3.1

The user can request the deletion of his or her registration in writing at any time, provided that the deletion does not conflict with the execution of ongoing contractual relationships. In this case, Röchling will delete all user data and all other stored personal data of the user as far as possible as soon as this is no longer required or there is no obligation to store the data according to applicable law.

3.3.2

Access authorisations can also be revoked permanently or temporarily at any time without justification by Röchling by blocking the user data, if the user

•      has provided false information for registration,

•      has violated these Terms of Use or his or her duty of care in handling the access data,

•      has violated any applicable laws when accessing or using the Röchling website or

•      has logged on to the access-protected Röchling website over an extended period of time.

In the event of temporary blocking, Röchling reactivates the access authorisation after the expiration of the blocking period. A permanently blocked access authorisation is not restored. A permanently blocked user is prohibited from re-registering on the website.

4        Obligations of the user

4.1

During or through the use of the Röchling website, the user may not:

• act indecently, including but not limited to disseminating or supporting the dissemination of offensive, obscene or defamatory, racist or violence-glorifying Contents or communication;
• infringe industrial property rights and copyrights or other property rights;
• cause damage to persons, including but not limited to minors, or violate their personal rights;
• transmit Contents with viruses, so-called Trojan horses or other programs that can damage software;
• enter, store or send hyperlinks or Contents to which he or she is not entitled, in particular if these hyperlinks or Contents violate confidentiality obligations or are illegal;
• disseminate advertising or unsolicited emails (so-called "spam") or inaccurate warnings of viruses, malfunctions and the like or request participation in competitions, snowball systems, chain letters, pyramid games or comparable activities;
• impair the functionality of the Röchling website, in particular by overloading it.

4.2

Röchling may block access to the Röchling website at any time and prohibit use of the Röchling website, in particular if the user violates his or her obligations under these terms and conditions.

4.3

Röchling is entitled to take appropriate legal action in the event of illegal or punishable actions. This may also include the transmission of the facts of the case to the competent public prosecutor's office.

5        Copyright and trademark law

5.1

The Contents, design, information, software, documentation and structure of the web offer and Röchling website, including all texts, photos, graphics, audio and video data, are protected by copyright and other intellectual property laws and Röchling expressly reserves all intellectual property rights. In particular, the duplication, processing, distribution and any form of exploitation require the prior written consent of Röchling, unless the measure is permitted by law without consent. The user is prohibited from removing or altering copyright notices.

5.2

Insofar as the Contents on the Röchling website has not been created by Röchling, the copyrights of third parties shall be observed. Should the user nevertheless become aware of a copyright infringement, Röchling asks for a corresponding notice. Röchling will remove such Contents immediately upon becoming aware of any violations of the law.

5.3

Unless otherwise indicated, all brands and trademarks on the website are protected by trademark law in favour of Röchling. The user of the website is not granted any rights to use the brands or trademarks outside the use of the website. The user is prohibited from removing or altering logos and other marks or protection notices.

5.4

The user is not entitled to any further rights of any kind, including but not limited to industrial property rights such as patents or utility models.

6        Liability

6.1

Insofar as information, software or documentation is provided free of charge, Röchling shall not be liable for defects in quality or title of the information, software and documentation, in particular for their completeness, correctness, freedom from third-party industrial property rights and copyrights and/or usability – except in cases of intent or fraudulent intent.

6.2

The information on the Röchling website may contain specifications or general descriptions of technical possibilities of products, which may not always be available in individual cases (e.g. due to product changes). The information on the Röchling website is provided for general information purposes only and does not constitute advice. All offers are subject to confirmation and non-binding. However, all this information does not constitute a guarantee, promise or liability on the part of Röchling, nor a guarantee for the topicality, correctness, completeness or quality of the information provided, nor does it release the user from carrying out his or her own investigations or tests. The desired performance characteristics of the products shall therefore be agreed upon in each individual case at the time of purchase. Röchling shall only provide binding information, advice, recommendations or declarations within the framework of individual communication.

6.3

The user is provided with the website "as is" and without any (explicit or concrete) warranty (liability for defects), guarantee, promise or liability. Röchling shall not be liable for any damages, including indirect, incidental, consequential and special damages, arising out of or in connection with the use of this website. The limitation of liability under this Section 6.3 shall not apply to claims under the Product Liability Act, in the event of wilful or grossly negligent damage by Röchling, its legal representatives or vicarious agents, in the event of injury to life, limb or health, in the event of assumption of a guarantee, in the event of fraudulent concealment of a defect or in the event of breach of fundamental contractual obligations. In the event of a breach of fundamental contractual obligations caused by slight negligence, Röchling's liability shall be limited, except in the case of Section 6.3 sentence 3 alt. 1, 3, 4, to the foreseeable damage typical for the contract. Fundamental contractual obligations are those whose fulfilment makes the proper execution of the contract possible in the first place and on whose observance the contracting parties may regularly rely.

6.4

Although Röchling makes every effort to keep the website virus-free, Röchling does not warrant or guarantee that it is virus-free. Before downloading information, the user shall, for his or her own protection and to prevent viruses on the Röchling website, ensure that appropriate security measures and virus scanners are in place.

6.5

This Disclaimer is part of the Röchling Internet offer. If sections or individual terms of this Disclaimer do not, do not fully or do no longer correspond to applicable law, the content or validity of the other parts remain unaffected.

7        Hyperlinks / automated translation

7.1

The contents of external websites that can be reached via so-called hyperlinks from the Röchling website or that refer to this site are external contents over which Röchling has no influence and for which Röchling assumes no liability whatsoever. At the time the links to external sites were created, no illegal content was discernible on the sites. Röchling has no influence whatsoever on the current and future design, content, information provided or authorship of the linked sites. Therefore, Röchling hereby expressly distances itself from all contents of all linked sites, in particular if these were changed after the link was created. Röchling will remove such links immediately upon becoming aware of any legal violations. The respective provider of the linked pages is exclusively responsible for the contents of the linked sites. Their use is at the user's own risk.

7.2

If an automated translation (e.g. by Google Translate) of the Röchling website is offered, the translation and use of this service takes place at the user's own risk. Röchling assumes no liability or warranty for the correctness of the translation. The data protection policy and terms of use of the automated translation provider shall be observed and followed. For the rest, the provisions of Section 6.1 shall apply accordingly.

8        Access area

8.1

This Internet offer of the Röchling website is intended for the territory of the Federal Republic of Germany and is created on the basis of the German legal system. Röchling assumes no liability that the Internet offer of the Röchling Website is suitable, usable and legally permissible for users from other countries.

8.2

Insofar as individual Röchling subsidiaries or group companies provide websites themselves and may be linked to these on this Röchling website, these websites are operated and administered by the respective subsidiary or group company itself. These sites take into account the requirements of the respective country in which the responsible company has its registered office. If users access the Röchling website from outside such country, they are solely responsible for compliance with all applicable local laws and regulations. Röchling assumes no responsibility for the fact that information, software and/or documentation provided on the Röchling website may also be accessed or downloaded at other locations outside the country in question. Access to information, software and/or documentation provided on the Röchling website from countries where such access is unlawful is prohibited. In this case and if the user wishes to do business with the Röchling Group, the user should contact Röchling representatives in the respective country.

8.3

The user shall comply with the applicable regulations of national and international (re-)export control law. When passing on the information, software and documentation provided by Röchling to third parties, the user shall without exception observe the (re-)export control regulations of the Federal Republic of Germany, the European Union and the United States of America.

8.4

Before passing on the information, software and documentation provided by Röchling, the user shall in particular check and take appropriate measures to ensure that

• he or she does not violate an EU, US or UN embargo by such disclosure to third parties or by providing other economic resources – also taking into account any existing restrictions on domestic business and any bans on circumvention;
• such information, software and documentation are not intended for use in connection with armaments, nuclear technology or weapons which may be prohibited or subject to authorisation, unless any necessary authorisations have been obtained;
• the provisions of all relevant EU and US sanctions lists concerning business transactions with companies, persons or organisations mentioned therein are complied with.

8.5

Upon request, the user shall immediately provide all information about the final recipient, the final destination and the intended use of the information, software and documentation provided by Röchling as well as any export control restrictions applicable in this regard, insofar as this is necessary for the performance of export control checks by authorities or by Röchling.

8.6

The user indemnifies Röchling in full against all claims asserted against Röchling by authorities or other third parties due to the user's failure to comply with the aforementioned export control obligations and undertakes to compensate Röchling for all damages and expenses incurred in this connection. This does not apply if the user is not responsible for the breach of duty.

8.7

Any performance of the contract by Röchling is subject to the proviso that there are no obstacles to performance due to national or international regulations of foreign trade law and no embargos and/or other sanctions.

9        Applicable law, place of jurisdiction, written form

9.1

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

9.2

If the user is a merchant within the meaning of the German Commercial Code, the place of jurisdiction shall be Mannheim.

9.3

Verbal collateral agreements are not made. Any changes to these Terms of Use shall be made in writing. An agreement on the deviation from the written form itself shall also require the written form. The possibility of proving oral individual agreements remains unaffected.

9.4

As far as these Terms of Use require written declarations, email, fax, EDP printouts or electronic declarations of this form are sufficient within the scope of customary business practice. Data transmissions by email or the retrieval of data are carried out at the risk of the user.

California Transparency in Supply Chains Act of 2010

Effective January 1, 2012, the California Transparency in Supply Chains Act of 2010 requires retailers and manufacturers doing business in California to disclose efforts to eradicate slavery and human trafficking from its direct supply chain.  Röchling Company is committed to ensuring that its employees and suppliers take appropriate steps to mitigate the risk of human trafficking and slavery from occurring in any aspects of its supply chain. In accordance with the Act, Röchling makes the following disclosures:

Verification of Supply Chain

Röchling verifies product supply chains through several methods, including site evaluations, inspections, and other means though not specifically for trafficking and slavery. Third parties are not utilized for verification.

Evaluation of Supplier Compliance

Röchling does not conduct audits of suppliers to evaluate supplier compliance with company standards specifically for trafficking and slavery in supply chains.

Supplier Certification

Röchling requires as a condition of contract that all suppliers commit to comply with applicable laws and regulations, but does not require suppliers to certify that materials incorporated into the product comply with the laws regarding slavery and human trafficking of the country or countries in which they are doing business.

Internal Accountability Standards

Röchling does not maintain internal accountability standards and procedures for employees or contractors failing to meet company standards regarding slavery and trafficking. However, Röchling’s Code of Conduct is an integral part of the company culture and is the foundation on which Röchling conducts all business.

Management Training

Röchling does not provide company employees and management, who have direct responsibility for supply chain management, training on human trafficking and slavery.

Accessibility for Ontarians with Disabilities Act (2005) (AODA)

Statement of Commitment

Röchling Engineering Plastics, Canada, is committed to providing equal access and participation for all individuals including its customers, employees, suppliers, job applicants and any other person(s) who may enter its premises or use it services.  As an organization, we respect and uphold the requirements set forth under the Accessibility for Ontarians with Disabilities Act (2005), and its associated standards and regulations.

We understand that we have a responsibility for ensuring a safe, dignified, and welcoming environment for all individuals.  We are committed to ensuring our organization’s compliance by incorporating accessibility legislation into our policies, procedures, equipment requirements, training, and best practices.  We will review these policies and practices annually, as organizational changes occur, or in anticipation of compliance deadlines.  In addition, we will strive to meet the needs of individuals with disabilities in a timely manner and effective manner in a way that maintains their dignity and independence.

Providing an accessible and barrier free environment is a shared effort, and as an organization, Röchling Engineering Plastics, Canada, is committed to working with the necessary parties to make accessibility a reality. 

For more information on our accessibility policies and plans, please contact a  member of the Human Resources team.