1 Contractual object & conclusion of contract
1.2 The contractual object is the Paulmann Bluetooth app (“App”), which is provided by us via the App Store.
1.3.1 products (e.g. lamps or luminaires) that you have purchased from us.
1.3.2 warranty statements provided by us for purchased products.
2 Conditions of use & purpose
2.1 In order to use the app, you must have a mobile device with an Android or iOS operating system compatible with at least Bluetooth 4.0, and a compatible lighting product from Paulmann Licht GmbH.
2.2 Additional technical prerequisites can be found in the app store.
2.3 The app may only be used for private household use. Commercial use is not permitted.
3.1 The app allows you to control certain Bluetooth-enabled lighting products from Paulmann Licht GmbH (“compatible products”) via your mobile device.
3.2 The app has been developed and optimised to expand the available functions of compatible products, but is neither part of the scope of service nor a component of the products.
3.3 We provide the app voluntarily via the app store at our reasonable discretion. We have the right to discontinue the provision of the app in the app store at any time, according to our reasonable discretion (e.g. for technical or operational reasons). We are under no obligation to further develop or continue to provide the app in the version that was available at the time of concluding the contract.
3.4 We have the right to change the contents and the scope of the app within the context of an update at our reasonable discretion, and to provide an update at a reasonable time, particularly when it is necessary for technical reasons, new functions or optimisation of the app.
3.5 We are not obligated to provide the following services:
- Support relating to the app,
- Provision of new versions (updates/upgrades),
- Ensuring compatibility of the app with outdated mobile devices (hardware, operating systems, different version, drivers and/or control elements).
3.6 The app store operator does not provide support relating to the app. Any claims of the user relating to the app, its ownership and/or its use must be directed exclusively to Paulmann Licht and not to the individual app store operator.
4 Duty of cooperation
4.1 You must ensure that there is a Bluetooth connection between your mobile device and the respective compatible product before and while using the app.
4.2 We rely on your assistance in resolving app malfunctions. If you experience any malfunctions, please inform Paulmann Licht by email at email@example.com.
4.3 If an error-free version of the app is available, it is your responsibility to install this version in order to make proper use of the app on your mobile device.
5 Usage rights
- time-limited to the duration of this contract.
The usage rights only encompass the right of reproduction to the extent that loading, displaying, running or storing the app on your mobile device requires the reproduction of the app.
5.2 The following activities are not permitted:
- distributing, copying (outside the scope of proper use), modifying or editing/revising of the app,
- extracting the contents of the app,
- providing or leasing of the app to third parties.
5.3 The provisions of §§ 69d para. 2 and 3, § 69e of German Copyright Law remain intact.
6 Deficiency claims & liability
6.1 We only assume liability for material and legal deficiencies if and insofar as they were maliciously concealed.
6.2 The statute of limitations for material and legal deficiency claims is one year; this does not apply to claims for compensation due to the loss of life, bodily injury or damage caused by our intentional or grossly negligent breach of duty, including our legal representatives or vicarious agents.
6.3 Furthermore, we assume liability for malice and gross negligence, as well as for culpably attributable loss of life, bodily injury or injury to health in accordance with the legal regulations.
7 Duration of agreement & termination
8 Dispute resolution & final provisions
8.1 We are neither willing nor obligated to participate in dispute resolution procedures before a consumer arbitration board according to German consumers' dispute settlement law.
8.2 The invalidity of one provision does not affect the validity of the remaining provisions. If a legal loophole exists, the contracting parties commit to replacing the missing terms with a contractual provision that corresponds to the consensus of the parties. The same applies if a legal loophole is created by a provision becoming invalid or void, and there is no legal provision available to fill the gap.
Last updated 01/2021