Conditions of Use

Conditions for the use of the website of HORN GmbH.

 

Vendor and operator of the website (cf. Legal notice) is

 

HORN GmbH
Am Hasenbiel 35
76297 Stutensee

Germany

 

- subsequently referred to as “HORN” -

 

The website is subject to the following Conditions of Use, which shall be deemed to have been bindingly agreed on as applicable to the relationship between us and the User as soon as the website is accessed. To the extent that for individual forms of use special conditions apply that deviate from the Conditions of Use as set out below, this is expressly indicated at an appropriate point on the website. In such a case, these Conditions of Use shall be deemed to be supplemented by the special conditions of use.

 

1. Brand names, trade marks, and labels
All brand names and trade marks mentioned on the website are protected by intellectual property law, and are in each case the property of the individual proprietor of the intellectual property rights.

 

2. Copyright
The website operated by us together with its entire content, in particular all texts, photos, images, graphics, prints, films, presentations, sound effects and illustrations, any software and all trade marks and/or designs, are protected against unauthorised use by intellectual property law, in particular by copyright, name and image rights, trade mark law and/or the law on proprietary designs, whether these are registered or not.
Any copying or reproduction (including in the form of a hard-copy printout) of the entire website or of any parts of this website is permitted only for the purpose of placing an order with us or for the purpose of using this website as a procurement resource. Any other use or exploitation of the website or its content is prohibited, except insofar as HORN or the proprietor of the intellectual property rights concerned has given its permission in advance, either in writing or electronically, in any given case.

 

3. Liability
3.1. Content:
We have compiled the content of our website pages in good faith and with all due diligence. We do not accept any liability for the functionality, currency, correctness, completeness or quality of any information included on the website.
3.2. Hyperlinks:
Our website may contain hyperlinks to the websites of third parties. The use of such hyperlinks is at the User's own risk.
Despite having carefully scrutinised the content of external links, we cannot accept any liability for such content. Any contraventions of law were not apparent at the time when the link was set up. The operators of the linked websites are solely and exclusively responsible for their content. Should any illegal websites prove to be accessible via our links, we request Users to notify us at webmaster@horn-gmbh.com. We will then examine the matter and, if appropriate, delete the link concerned.
3.3. Security:
The Internet is not a secure system. It cannot be guaranteed that transmitted data will be protected against being accessed by third parties during transmission. Use of the internet is at the User's own risk. Above all, we do not accept liability for any breakdown of the internet or of access to the internet for technical reasons.
3.4. Provision of service / Faults:
Furthermore, we cannot guarantee that our website will be available and functional at all times. We therefore do not accept liability either for the constant and uninterrupted availability of our online shop, or for technical or electronic faults that arise for reasons beyond our control during the placing of an order, in particular for any delays in the processing and acceptance of offers. Nor do we accept liability for network faults for which we are not responsible. In the event of technical problems arising, the User is advised to contact us by telephone, fax, e-mail or letter.
3.5. Anti-virus precautions:
We make every effort to keep our website free of viruses, but we cannot guarantee freedom from viruses. The User is required to install an anti-virus program on his computer, to keep it up to date, to make back-up copies of data to an appropriate extent at regular intervals and to protect his IT system against damage in accordance with the current state of technology. We will accept liability for loss of a User’s data only to the extent that such loss could not have been prevented by appropriate data security measures.
3.6. User community:
Our internet offering is intended for the territory of the Federal Republic of Germany and is made on the basis of the law applicable in that jurisdiction. We do not accept liability for our website being suitable, usable or legally admissible for Users in other jurisdictions.
3.7. Disclaimer:
We accept no liability for any loss or damage, except to the extent that such liability is mandatory under product liability law or on account of deliberate intent, gross negligence, loss of life, bodily injury or injury to health, or as a result of our guaranteeing the nature or properties of a product or of fraudulent concealment of a product defect or the infringement of material contractual obligations. Liability for the infringement of material contractual obligations is however limited to loss or damage that is typical and predictable in connection with a contract of the type concerned, except in cases of deliberate intent or gross negligence.

 

4. Establishment of links
It is not permitted to place any link on this website without our approval, even if it serves only as a cross-reference. The same applies to the insertion of content from the website into collections of data outside our website.

 

5. Use of the online shop
5.1 Access
The use of our online shop for purposes of soliciting, initiating or transacting business is permitted only to Users who are entrepreneurs, bodies incorporated under public law or special funds or entities established under public law and who have previously registered as users. Entrepreneurs are permitted to use the online shop only in pursuit of the activities of their businesses or of their own personal professional activities.
5.2 Registration
The User must first apply for registration and be admitted by us as a User after scrutiny of the application. For this purpose the User must complete the registration application form on the website. We will scrutinise the application data before opening a customer account. We reserve the right to refuse registration or to revoke a registration that has previously been approved. The data required in the application for registration are to be furnished completely and truthfully by the User. Once the application has been scrutinised and registration approved, a customer account will be opened and made accessible to the User. To register, a User must declare acceptance of the applicability of our General Terms and Conditions and of our Conditions of Use; registration does not place the User under any obligation to purchase. The User may cause his registration and access to the online shop to be cancelled at any time by written notification to us. Should there be any changes in the User’s data (business name, power to represent the business, address etc.) the User is obliged to inform us of such changes.
5.3 Access data
The User is under an obligation not to communicate the access data for the online shop to any persons other than those who are legally empowered to represent him. The User shall bear liability for any misuse of the access data within his sphere of responsibility. The right to use our online shop may not be transferred to third parties without our consent. Furthermore, the User shall be under an obligation to maintain the confidentiality of the access data and to protect it against access by third parties. Should the User communicate the access data to authorised persons within his business, he is to ensure that such authorised persons are also under a corresponding obligation to maintain confidentiality. Should any suspicion of misuse by a third party arise, the User shall inform us thereof without delay. Should we become aware of any unauthorised use, we will block access to the online shop immediately.

 

6. Applicable law, Place of jurisdiction
The law of the Federal Republic of Germany shall apply exclusively. The application of the uniform law on sale of goods or of the UN Sales Convention (CISG) is hereby excluded. To the extent that the User is a “registered merchant” (“Vollkaufmann” within the meaning of the German Commercial Code (Handelsgesetzbuch – HGB)) or an entity incorporated under public law, or does not have a general place of jurisdiction within Germany, exclusive place of jurisdiction shall be Stutensee, Germany, postcode 76297, where our registered office is located.

 

7. Sundry provisions
We reserve the right to modify or amend these Conditions of Use and to adapt them to take account of technical developments or changes to the law. In the event of any individual provision of these Conditions of Use or of the agreement based on them being invalid or ineffective, this shall be without prejudice to the validity or effectiveness of the remaining provisions. The invalid or ineffective provision shall be replaced by a provision that comes as close as possible to fulfilling the commercial purpose and intent of the invalid or ineffective provision; the same shall apply mutatis mutandis to any omissions from these Conditions of Use.