Terms & Conditions
The following terms and conditions shall apply to the use of the Career portal of Esprit, which is operated by Esprit Europe GmbH (hereinafter "Esprit"), Esprit Allee, 40882 Ratingen, Germany. These terms and conditions regulate the relationship between Esprit and visitors and applicants (hereinafter "Users") of the Career portal. With the access to the Esprit Career portal a contract is concluded between the Users of the website and Esprit based on these Terms of Use. The usage contract is concluded for an indefinite period of time and can be terminated by both parties at all times without adhering to a period of notice. For this purpose the User can send a simple e-mail to career@esprit.com.
1. General information/field of application
The Esprit Career portal is a job exchange, in which vacancies are displayed within the Esprit Group, which Users can apply for. The offer of the Esprit Career portal is updated and extended permanently.
Only natural persons of the age of consent are entitled to use the portal. The use by minors requires the consent of the parents or of the respective legal guardian. The use of the Esprit Career portal is free of charge.
General Business Terms of the Users will not apply.
Esprit reserves the right to change these Terms of Use at all times with the validity also within existing usage contract relationships. You will be informed of such changes at least 30 calendar days before the planned entry into force of the changes. If you do not file an objection within 30 days from receipt of the notification and nevertheless use the Esprit Career platform then the changes shall be deemed as effectively agreed from the expiration of the deadline. In the event of your objection the use relationship will be continued at the previous conditions. Esprit reserves the right to end the use relationship in the event of an objection. The User will be informed of his right to an objection and the consequences in the change notification.
2. Registration
A free registration of the respective User is necessary in order to use the Esprit Career portal, in particular to apply for free positions within the Esprit Group. Over the course of the registration process the User will be requested to create an access profile and to enter certain data (first and last name, e-mail address, contact telephone number) as well as an access password. An application for job offers of Esprit, which are recorded in the Esprit Career portal, can only be carried out after the successful registration and the agreement of the User with the Terms of Use and Data Privacy Statement recorded by Esprit, which will be displayed to the User before finalization of the registration process.
The User undertakes not to pretend to be another person with the registration. A breach of these regulations can be punished with a blocking of the access to the Esprit Career portal.
Only one registration per User is permitted.
If the registration data entered by the User change over the course of the use relationship these can be adjusted independently at all times after logging into the profile.
The User is responsible for treating his access data to the Esprit Career portal confidentially and not to forward these to third parties. Esprit reserves the right to block the access to the Esprit Career portal if the access data are abused due to a fault of the User and Esprit could suffer a damage hereby.
3. Obligations of the Users
The User undertakes to only provide such data within the scope of the Esprit Career portal, which are true and do not breach applicable law or good morals. In particular information relating to personal details and qualifications as well as all contents, data and documents submitted in this respect must correspond with the truth.
The User is responsible for the transmitted data and contents. When making a photo or a document available or other contents transmitted to Esprit the User guarantees that he has the rights, which are necessary in this respect, for example the necessary rights to use a photo.
The User undertakes to exclusively send serious and genuine applications. Esprit reserves the right, in the event of multiple dubious applications, to block the User's account without prior announcement or notice without this resulting in a claim for damages of the User.
4. Bans
Esprit shall exercise the domiciliary right over the Esprit Career platform. In case of breaches of these Terms of Use or of applicable law Esprit is entitled to temporarily or permanently exclude the User from the use of this website and to impose a ban on using the website upon him.
The User is forbidden from using the Esprit Career platform for improper purposes, in particular
a) to impair the data flow and the exchange of data via the Esprit Career platform;
b) to cause servers, which communicate with the Esprit Career platform, to crash and/or to overload through excessive access ("DDOS access");
c) to breach good morals by his usage behavior
d) to transmit contents with viruses, Trojan horses or other damaging software,
e) to otherwise impede the technical functional capability of the Esprit Career platform by unfair interventions.
5. Flow of the application procedure
After sending an application a confirmation message will be sent to the respective User to the e-mail address recorded in his profile, in which the receipt of the application is confirmed.
The specific duration of the application procedure depends on the type of advertised position, the volume and the number of incoming applications and the general work flows at Esprit. Therefore, no precise period of time can be stated, within which the application procedure will be completed.
The User has no entitlement to be hired or to a successful progress of the application procedure.
6. Rights of use, confidentiality
The User grants Esprit and companies affiliated with Esprit the simple, revocable, non-transferable right to use the data, documents, written papers, photographs and/or other documents transmitted within the scope of an application for a specific position (hereinafter "application documents"). Esprit assures hereby that it will handle the application documents confidentially and will only use these for the purpose of processing the application procedure.
7. Copyrights and other property rights
All contents made available on the Esprit Career platform are protected under copyright law. The copying of contents is not permitted without the prior, written consent of Esprit.
8. Data protection
Esprit shall only collect, store, use and process personal data of the User when using the Esprit Career portal and when applying for a specific position in line with the applicable statutory regulations.
For further information and details relating to the type and scope of the data collection and processing please refer to career.esprit.de/dataprivacy
Insofar as the User has granted his explicit consent his personal data will be included in the Career portal of Esprit and stored there for the duration of 6 months. Should a position become vacant within the Esprit Group in this period of time, which corresponds with the specifications of the respective User, Esprit will inform the User and ask whether he is interested in submitting an application for this position.
Application documents, which a User has made available to Esprit, will be stored by Esprit for a period of 6 months after receipt and subsequently deleted automatically.
9. Technical availability
Esprit makes an effort to permanently maintain the Career portal. For technical reasons, however, this cannot be guaranteed in each case as regular maintenance work and changes to the contents and presentations may lead to the fact that the Esprit Career portal is temporarily not available.
The Users are further aware that services that are made accessible via the Internet are exposed to technical risks, which are not controllable by Esprit.
Esprit assumes insofar no warranty for the functional capability and availability of the Esprit Career platform at all times and will not be liable for damages, which Users may suffer by the failure of the Esprit Career platform.
10. Liability
With the exception of the injury to life, the body and health and the breach of essential contractual obligations (cardinal obligations) Esprit will only be liable for damages, which are a result of a willful or grossly negligible conduct. This shall also apply to indirect consequential damages such as in particular missed profit.
Claims for liability due to mandatory national law shall remain unaffected.
In addition there is no liability for the content-related accuracy, actuality and completeness of the contents made available on the Esprit Career portal as well as for errors, delays or interruptions in the transmission, in case of interferences to the technical systems or in any other manner when using the Esprit Career platform insofar as there is no willful intent or gross negligence.
11. Final provisions
German law shall apply. Insofar as permitted by law the place of jurisdiction is Düsseldorf.
Should one provision of these Terms of Use be or become invalid this shall have no effect on the validity of the other provisions. In such a case the parties are obliged to assist in the creation of provisions, through which a result that shall as far as possible correspond with the invalid provision from a commercial point of view is achieved in a legally effective manner. The aforementioned shall apply accordingly to the filling of possible gaps in the contract.