WEBSITE CONDITIONS OF USE & DISCLAIMERS
Please read these website conditions of use & Disclaimers carefully before you start to use the website. By using the website or by clicking to accept or agree to the website conditions of use & Disclaimers, you accept and agree to be bound by these website conditions of use & Disclaimers. If you do not want to agree to these terms above and below, you must not access or use the website.
You understand that these terms are only for Business-to-Business use and not for any consumer retail transactions. You hereby confirm that you or the company or other entity you are working for or representing is not or cannot be interpreted to be an individual consumer.
1. Intellectual Property
HOERBIGER reserves all rights to the information, displays, layout, design, selection and arrangement, and other contents, images, video, audio and texts on the HOERBIGER Webshop website, including the translations. These are all protected by copyright or other proprietary right laws. They may not be amended, copied, reproduced, sold, rented, utilized, supplemented or used in any other manner without the prior written explicit consent of HOERBIGER.
The company name, trademarks, logos and all related names, logos, product and service names, designs and slogans of HOERBIGER are trademarks of HOERBIGER or its affiliates or licensors. You must not use such marks without the prior written explicit consent. All other names, logos, product and service names, designs and slogans on this website are the trademarks of their respective owners.
Except for the usage rights or other rights expressly granted herein, you are not granted any additional rights of any kind, in particular to the patent rights, such as invention patent, utility models or design right.
2. Error-free functioning of the website
Despite great care, technical and typographical errors cannot be ruled out. HOERBIGER makes no guarantee as to the unrestricted functionality or unhindered access to the HOERBIGER Webshop website and the services offered therein. HOERBIGER assumes no liability for any malfunctions or impairment in the transfer of data not within the sphere of influence of HOERBIGER.
Having access to the user’s terminal or the technical equipment using a functioning and suitable operating system as well as a suitable connection to the Internet is the responsibility of the user. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means for any reconstruction of any lost data.
HOERBIGER does not assume any responsibility for any damage to the user’s computer equipment, program, data, documents or other items, that may be caused by viruses, attack or other harmful material for example, as a result of the user’s visit to our website or as a result of the downloading of information, software or data from our website.
3. Completeness and accuracy of information
The information on this website was compiled with great care. Nonetheless, the company does not warrant the accuracy, quality, reliability, or up-to-date nature of the information and data that is provided, nor the use or manner of use of this information or data. As a result of product changes, for example, technical descriptions of individual products may vary. The desired performance features of the individual products must therefore be agreed on specifically on the completion of a contract of sale.
None of the information, opinions, assessments, forecasts and future outlooks provided on the HOERBIGER Webshop website constitutes binding comments.
4.E-commerce, orders and requests for quotations
None of the information, specifications, product descriptions, texts and catalogues on the HOERBIGER Webshop website constitutes an offer for sale.
For e-commerce matters, orders and requests for quotations the relevant HOERBIGER General Terms and Conditions for Product Deliveries additionally apply.
5. Software
HOERBIGER may give you the opportunity to download information, software, and documents; the relevant General Terms and Conditions apply to such downloads.
The use of the information, software and documents made available on the HOERBIGER Webshop website as well as their scope are subject to the applicable licensing conditions in effect at the time of the download.
6. Hyperlinks
Links to the Internet pages of third parties are outside of the control of HOERBIGER. Despite careful monitoring, HOERBIGER does not assume any responsibility for the data protection and content of these other websites. These links are merely intended to help the user. We therefore do not wish to give the impression that the content of these pages is part of our web presence. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We encourage you to review the terms of use of any third party websites linked to this website.
7. Liability for defects in quality and title
Any liability for defects in quality and title with regard to the information and data provided, in particular with regard to its accuracy, freedom from error, freedom from rights of third parties, completeness and usability is hereby excluded, unless due to unlawful intention, gross negligence or due to injury to life, body or health. In particular, none of the information, specifications and technical data regarding products shall be construed to provide any guaranteed properties.
HOERBIGER hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
No claims exist, under any circumstance, to the compensation of damage that was not directly incurred on the product supplied, such as loss of production, loss of use, loss of orders, lost profits, as well as any other direct or indirect, incidental, consequential or punitive damage.
This liability disclaimer does not apply in cases of gross negligence or unlawful intention or if it is contradictory to any mandatory law.
8. General principles of liability
HOERBIGER’s liability for defects in quality and title is governed by the principles set out above.
Liability on the part of HOERBIGER, the authors and the persons in charge of this web site, on whatever legal grounds, is hereby also excluded, unless mandatory liability exists due to unlawful intention, gross negligence or mandatory law, due to injury of life, body or health, due to the assumption of a warranty, due to fraudulent concealment of a defect, or due to the violation of key contractual obligations. In the event of a violation of key contractual obligations, compensation shall be limited to the damages that are reasonably foreseeable at the time of concluding the contract, unless unlawful intent or gross negligence exists.
Any mandatory liability according to the applicable product liability law remains unaffected by this liability disclaimer.
9. Amendment and cancellation of the HOERBIGER website
HOERBIGER expressly reserves the right to amend, supplement, or delete this website in part or in its entirety or to temporarily or fully cease the publication thereof in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the website thereafter.
HOERBIGER may amend or cancel this legal disclaimer as well as the Data Privacy Notice at any time. The current and future version shall be deemed to apply to your use of our website. Your continued use of the website following the posting of revised terms means that you accept and agree to the changes. You are expected to check this page each time you access this website so you are aware of any changes, as they are binding on you.
Version valid as of January 1st, 2018