Website Use Terms
www.shop.astonmartin.com (site) is a site operated by cyber-Wear Heidelberg GmbH (we, us, our)
These terms tell you the rules for using our site.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
By using our site you accept these terms
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
- Our Terms and Conditions of Supply https://shop.astonmartin.com/terms-and-conditions , which apply to your purchase of goods from our site.
We may make changes to these terms
We may amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. If you continue to use our site you are deemed to have accepted any amendments made to these terms.
We may make changes to our site
We may update and change our site from time to time without notice to you in order to reflect changes to our products, our users' needs and our business priorities.
We may suspend or withdraw our site
Our site is made available free of charge.
We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
Do not rely on information on this site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely and we expressly exclude any liability for any loss or damage arising from any reliance on any information available on our site. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
No promises about the site content or performance
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted, will be available at a specific time or will operate at a certain speed.
We are not responsible for viruses and you must not introduce them
Whilst we endeavour to make our site secure, we cannot guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing to them any information we may have regarding the identity of the person who attacks our site, as may be required. In the event of such a breach, your right to use our site will cease immediately.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com or https://shop.astonmartin.com/contact
Intellectual property rights and use of material on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
Aston Martin trade marks: The Aston Martin trade marks included on our site and the domain name www.shop.astonmartin.com and all related domain names and sub-domain names are intellectual property rights belonging to Aston Martin Lagonda Limited which are licensed to cyber-Heidelberg GmbH. You are not permitted to use them without the consent of Aston Martin Lagonda Limited.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Use of any materials incorporated on our site or of any intellectual property rights in or incorporated on our site in a manner not expressly permitted by these terms may be an infringement of our or another party’s intellectual property rights. We and our licensors reserve the right to exercise all rights and remedies available in respect of any such infringement.
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards included within these terms.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
Uploading content to our site and Content Standards
If you are invited by us to upload content to our site, or to make contact with other users of our site, you must comply with the Content Standards set out below.
You warrant that any such contribution will comply with the Content Standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential. You retain all of your ownership rights in your content, but by uploading your content onto our site you are granting to us a non-exclusive and royalty-free licence to store, view, use and copy that content and to distribute and make it available to third parties in connection with the operation and promotion of the site.
We also reserve the right to disclose your identity in accordance with applicable laws to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We reserve the right, or may be required upon notice by third parties, to remove any content you provide if it does not comply with the Content Standards set out below.
You are solely responsible for securing and backing up your content.
You may request us to remove from our site and to stop using your content by emailing us at firstname.lastname@example.org setting out details of your content and where it is located on the site. We will try to remove and stop using your content as soon as reasonably practicable but note that once your content is included on our site it may be shared and reposted and we will be unable to remove the content from other websites, media or publications not in our control, or to stop third parties from using it.
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any content as well as to its whole.
We will determine, at our discretion, whether any content breaches the Content Standards.
1. Your content must be accurate (where it states facts); genuinely held (where it states opinions); comply with the law applicable in Germany and in any country from which it is posted.
2. Your content must not:
(a) Breach any laws.
(b) Be defamatory of any person, obscene, offensive, hateful or inflammatory.
(c) Promote sexually explicit material.
(d) Promote violence.
(e) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
(f) Infringe any intellectual property of any other person.
(g) Be likely to deceive any person.
(h) Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
(i) Promote any illegal activity.
(j) Be in contempt of court.
(k) Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
(l) Be likely to harass, upset, embarrass, alarm or annoy any other person.
(m) Impersonate any person, or misrepresent your identity or affiliation with any person.
(n) Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
(o) Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
(p) Contain any advertising or promote any services or web links to other sites.
Take down procedure
If you genuinely believe that any content on our site does not comply with the Content Standards please notify us by email at email@example.com and we will investigate your claim. Removal of any content will be in accordance with requirements under applicable law and, where applicable law does not require removal, at our sole discretion.
Rules about linking to our site
You may link to our home page for non-commercial purposes, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
If you wish to link to or make any use of content on our site other than that set out above, please contact firstname.lastname@example.org.
We reserve the right to withdraw linking permission at any time without notice.
We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval or endorsement by us of those linked websites or the information or content on, or which you may obtain from, them.
We have no control over the contents of those sites or resources such content.
Enquiries and complaints
If you have any enquiry or complaint about our site you should contact email@example.com and we will try to answer your query or resolve any complaint as soon as reasonably practicable.
Breach of these terms by you
Failure to comply with these terms may result in the following action: immediate, temporary or permanent withdrawal of your right to use our site; immediate, temporary or permanent removal of any of your content from our site; legal action against you; and/or disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for wilful misconduct and gross negligence, death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, and liability under the Product Liability Act. This also applies to our employees, agents and subcontractors.
- Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of Supply https://shop.astonmartin.com/terms-and-conditions .
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
- Notwithstanding the above, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user:
Please note that we only provide our site for domestic and private use and you agree not to use our site for any commercial or business purposes. Notwithstanding the above exclusions and limitation of our liability, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Which country's laws apply to any disputes?