§ 1 Scope of These Terms of Use

(1) The following Terms of Use apply to users of the “myArtemide.de” platform provided online by Artemide Deutschland GmbH & Co. KG, Hans-Böckler-Str. 2, 58730 Fröndenberg, Germany (hereinafter referred to as “Artemide”), and to the product photographs, videos, product master data, technical drawings, advertising texts, and other materials made available for download to registered users through the platform (hereinafter collectively referred to as the “Artemide Materials”).

(2) Any agreements deviating from these Terms of Use shall only be valid if expressly confirmed by Artemide in writing.

(3) Use of the Artemide Materials requires registration with Artemide as an authorized commercial reseller of Artemide products via the “myArtemide.de” website and activation of the user account by Artemide. Users shall have no entitlement to activation or access to the “myArtemide.de” platform or the Artemide Materials available therein. Artemide furthermore reserves the right to suspend access at any time without prior notice.

(4) The user may disclose the access credentials provided only to its own employees for the purpose of fulfilling their assigned duties. The user is responsible for maintaining the confidentiality of the access credentials, shall ensure that its employees maintain such confidentiality, and shall prevent any misuse of the credentials. Subject to sentence 1, any disclosure of access credentials to third parties shall be deemed misuse. If the user becomes aware of any misuse of the access credentials, Artemide must be informed immediately. The user shall be liable for any misuse.

§ 2 Grant of Rights of Use

(1) All materials and other content available through “myArtemide.de” are protected by copyright and may also be subject to other intellectual property rights held by Artemide, companies affiliated with Artemide—particularly Artemide S.p.A., Via Bergamo 18, 20006 Pregnana Milanese, Italy—or their respective licensors. All rights are reserved.

(2) Artemide grants the user a non-exclusive, non-transferable, non-sublicensable right, revocable at any time at Artemide’s discretion either in whole or with respect to individual Artemide Materials, to reproduce, distribute, and make publicly available the relevant materials for the purpose of promoting products purchased by the user from Artemide for resale.

This right is limited to the promotion of Artemide products in the user's own publications (including websites, catalogs, flyers, and social media accounts). It also includes the right to use the materials in the user's own advertisements published in third-party print media, namely newspapers and magazines.

Apart from the foregoing, any use or arrangement for use of Artemide Materials in third-party publications is excluded. In particular, the user is not authorized to use or permit the use of such materials on third-party websites (especially marketplace platforms such as Amazon, Yatego, and similar platforms).

(3) Upon revocation of the granted rights of use, the user shall immediately cease all use of the Artemide Materials, return any downloaded or otherwise provided materials to Artemide, and destroy any copies made. Upon request by Artemide, the user shall provide proof of such destruction.

(4) The user shall immediately notify Artemide in writing of any third-party claims alleging infringement of intellectual property rights or copyrights arising from the contractual use of the Artemide Materials and shall leave all defensive measures and settlement negotiations exclusively to Artemide.

§ 3 Liability

(1) Artemide shall be liable for damages (including futile expenses) suffered by the user, regardless of the legal basis, only if:

such damages were caused intentionally or through gross negligence;
they result from the absence of a guaranteed characteristic of the performance;
they arise from a culpable breach of a material contractual obligation;
they result from culpable injury to life, body, or health; or
liability is provided for under the German Product Liability Act (Produkthaftungsgesetz).

In the event of a merely negligent breach of a material contractual obligation, Artemide's liability shall be limited to damages that are typical and foreseeable in connection with the provision of the agreed services. This limitation shall not apply where damages result from injury to life, body, or health.

In all other respects, Artemide's liability is excluded irrespective of the legal basis.

(2) Any further statutory limitations of liability, in particular pursuant to Sections 599 and 600 of the German Civil Code (BGB), shall remain unaffected.

(3) The limitations of liability set forth above shall apply accordingly for the benefit of Artemide’s employees and agents.

§ 4 Final Provisions

(1) Should any provision of this Agreement be or become wholly or partially invalid or unenforceable, or should this Agreement contain a gap, the validity of the remaining provisions shall remain unaffected.

In place of the invalid or unenforceable provision, and subject to Section 306(2) of the German Civil Code (BGB), a valid provision shall be deemed agreed that most closely reflects the economic purpose and intent of the invalid or unenforceable provision. In the event of a contractual gap, the provision shall be deemed agreed that the parties would have agreed upon, in accordance with the economic purpose and intent of this Agreement, had they considered the matter from the outset.

(2) German law shall apply. The place of jurisdiction shall be the registered office of Artemide. Artemide shall remain entitled to pursue legal action in any other jurisdiction permitted by applicable law, particularly in cases involving an actual or threatened infringement of copyrights and/or other intellectual property rights relating to the Artemide Materials.