TERMS OF USE

KARL MAYER WEBSITES 



Welcome to shop.karlmayer.com!

Please read the following terms of use applicable to any visitor to the shop.karlmayer.com website. By using this website, you implicitly agree to be bound by these Terms of Use. The owner of the website reserves the right to change, delete or supplement the information on this website at any time without prior notice.


§ 1
Scope

The following conditions apply to the use of the KARL MAYER shop websites (hereinafter referred to as the "website"). For the use of the website it is important that you as a user accept the following terms and conditions.
2. By using our website you agree to the terms of use of our website. By giving us your consent, you guarantee that you will not violate the terms of use.
3. The subject of the website is the following: KARL MAYER shop presence with interactive spare parts catalogue including ordering options for spare parts and access to digital operating instructions.


§ 2
Contact details and legal information

If you have any questions regarding our website, you can contact us at the contact details given in the imprint. There you will also find the other mandatory information such as § 55 Abs. 2 RStV (German broadcasting treaty). The owner of the domain karlmayer.com is KARL MAYER Holding GmbH & Co KG, Brühlstraße 25, 63179 Obertshausen (hereinafter referred to as "KARL MAYER").


§ 3
Website availability

1. The website has an availability of 24 hours a day. However, there may be interruptions in availability due to maintenance required for the system. Availability interruptions may occur due to force majeure or other causes beyond KARL MAYER's control.
2. KARLMAYER points out:

  • that it is technically impossible to make the website available free of errors of any kind and that KARL MAYER therefore assumes no responsibility for it,
  • that errors can lead to a temporary shutdown of the website,
  • that the availability of this website is subject to conditions and services beyond the control of KARL MAYER, such as transmission capacities and IP connections between individual parties. We are not responsible for disruptions in this area.


§ 4
Electronic communication

When you use a KARL MAYER service or send e-mails, text messages or other communications to us from your computer or mobile device, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, including by e-mail, text messages, or by posting electronic messages or other communications on our Website or through other KARL MAYER services. For contractual purposes, you agree to receive electronic communications from us and that all consents, notices, disclosures and other communications that we provide to you electronically do not require written form unless required by applicable mandatory law to require a different form of communication.


§ 5
Copyright and database rights

1. All content contained in or provided by any KARL MAYER Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data collections, is the property of KARL MAYER or of third parties supplying or providing content to the website and is protected by German copyright and database right.
2. The entire content of any KARL MAYER service, whether contained or provided by KARL MAYER, is the exclusive property of KARL MAYER and is protected by German copyright and database right laws.
3. You may not systematically extract and/or reuse any portion of any KARLMAYER Service without our express written consent. In particular, without KARL MAYER's express written consent, you may not use any data mining, robots, or similar data gathering and extraction programs to extract any substantial portion of a KARL MAYER Service for re-use (whether once or multiple times). You may also not create and/or publish your own database containing substantial parts of a KARL MAYER service without the express written permission of KARL MAYER.


§ 6
Use of contents

With regard to the content of this website, users are generally prohibited from processing, copying, transferring or using in any other way, in whole or in part, for commercial purposes that go beyond the contractual cooperation with KARL MAYER. Within the contractually agreed cooperation with KARL MAYER, the use of the contents is limited to the respective contractual purpose.


§ 7
Patents

All patents registered by KARL MAYER are also applicable to all KARL MAYER services and products. It may happen that the respective patents are operated under one or more patents.


§ 8
Your account

1. The access to some services of the website requires the creation of an account.
2. The use oft he website and the creation of an account is only permitted for entrepreneurs.
3 The user undertakes not to provide any false information about his company and/or person. Furthermore, the user undertakes to check his data regularly in order to ensure that they are correct.
4. If you use a KARL MAYER service, you are responsible for ensuring the confidentiality of your account, password and for restricting access to your computer and mobile devices. To the extent permitted by applicable law, you agree to be responsible for all activities that occur under your account or password. You should take all necessary steps to ensure that your password is kept secret and secure and you should notify us immediately if you have reason to suspect that a third party has obtained knowledge of your password or that the password is being or is likely to be used in an unauthorised manner. You are responsible for ensuring that the information you provide to us is accurate and complete and that you notify us of any changes to the information you provide. You can view and update some of the information you have given us on our website.
5. The user can change his user name and password at any time.
6. You may not use any KARL MAYER Service in any manner that interrupts, damages, or otherwise impairs KARLMAYER's Services or Access.
7. You may not use KARL MAYER's services for fraudulent purposes or in connection with a criminal offence, illegal activity, harassment or inconvenience.
8. We reserve the right to deny you the services on the website or to close member accounts. This applies in particular in the event that you violate applicable law, contractual agreements or our guidelines.
9. Users of this website can delete their account at any time by sending a message via Email to KARL MAYER. The period of deletion of the account from our website is 2 weeks.


§ 9
Disclaimer of warranties

1. The website and the related services are provided "as is" without warranty of any kind, either express or implied, and subject to availability, without warranty of any kind, or any other provision of warranty rights. The purpose of the website and the associated services is to give you an initial overview of the machine and production data of the textile machines manufactured by KARL MAYER and should under no circumstances be used as the sole source of decision-making for production calculations, shift planning, etc. The website and the associated services are intended to provide you with a quick overview of the machine and production data of the textile machines manufactured by KARL MAYER. KARL MAYER does not warrant the following: (a) that the website or the related services meet your requirements; (b) that the website or the related services are compatible with or function properly with any hardware or software you use; (c) that the website or the related services work on any mobile device or operating system, whether it is a supported device or system; (d) that the operation of the website or the related services will be uninterrupted, secure or error-free or that errors and interruptions to the service will be corrected; (e) the quality of the products, services or information you will receive through the website and the related services; (f) the performance, accuracy, timeliness, correctness, completeness or reliability of the information obtained through the website and the related services; (g) that third parties, including mobile operators, device manufacturers (including manufacturers of supported devices), third party websites that contribute to or are part of the operation, maintenance, provision or content of the website or the services (collectively, the "Service Provider"), fulfill their obligations and provide their services; (h) that information, data and orders generated by the website and the services are provided by the Service Providers; or (i) that the website and the related services are available in a particular language or in all countries or may be used in a particular location. KARL MAYER hereby expressly disclaims all warranties and conditions of warranty, whether express, implied or statutory, including all implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, non-infringement of rights, non-infringement of property, and warranties or conditions of warranty, arising out of the business relationship or trade usage. Neither oral nor written recommendations or information obtained by you from KARL MAYER, through the website or the services will create any warranty or guarantee, express or implied. KARL MAYER does not warrant or represent the availability, accuracy, completeness, reliability or timeliness of the data provided by the website or the related services.
2. Access to and use of the website and related services is at your own risk. KARL MAYER is not responsible for any damage to your mobile device or operating system, loss of data, or other damages arising out of your access to or use of the website or the related services.


§ 10
Liability

1. We will always endeavour to ensure that KARL MAYER's services are available without interruption and that transmissions are error-free. Due to the nature of the internet, however, this cannot be guaranteed. Your access to KARL MAYER's services may also be interrupted or restricted from time to time to allow repairs, maintenance or the introduction of new equipment. We try to limit the frequency and duration of each of these temporary interruptions or limitations.
2. KARL MAYER's liability under these Terms of Use shall be unlimited if the damage is caused by an intentional or grossly negligent breach of duty by KARL MAYER or a legal representative or vicarious agent of KARL MAYER.
3. KARL MAYER shall also be liable under these Terms of Use for the slightly negligent breach of material obligations. Essential are obligations whose violation endangers the achievement of the purpose of the contract or whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance you regularly rely. In this case, however, KARL MAYER shall only be liable for the foreseeable damage typical of the contract. KARL MAYER shall not be liable for the slightly negligent breach of obligations other than those set forth in the foregoing sentences.
4. KARL MAYER's total liability to you under these Terms of Use, for any cause whatsoever, shall be limited to and shall not exceed fifty Euros (€50). In no event shall KARL MAYER or any party involved in the creation, production or distribution of the Site and the related services be liable for any indirect, special, incidental, exemplary, punitive or consequential damages (including loss of use, loss of data, business or profits) or the cost of obtaining substitute products, You shall be liable for any damages arising out of or in connection with these Terms of Use, or for accessing or using (or the inability to access or use) the website or the related services, or the performance (or non-performance) of the website or the related services. It is irrelevant whether such liability arises from a claim for damages under a contract, warranty, tort, strict liability or otherwise, or whether KARL MAYER has been advised of the possibility of such loss or damage. KARL MAYER assumes no liability for errors or inaccuracies, for the availability, accuracy, completeness, reliability or timeliness (or lack thereof) of information, data and services provided by service providers. KARL MAYER shall not be liable to you or any third party for any Content uploaded through this website or the Services.
5. The above limitations will continue to apply even if the limited remedies set forth in these Terms of Use have not served their original purpose. The limitations on the above damages are an integral part of the contract between you and KARL MAYER.
6. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect after acceptance of a guarantee for the quality of the product and in the event of fraudulently concealed defects. The liability according to the product liability law remains unaffected.
7. Insofar as KARL MAYER's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.


§ 11
Links to other websites

1. For links that are not operated by KARL MAYER and that appear on its website, we have no way of controlling the content of that website, as it is completely independent of us.
2. For this reason, we do not accept any responsibility for the content of these websites and the consequences of their use by the visitors to them. Access to all websites accessible via links is at the user's own risk. There is no separate notice when users leave the website. However, we would ask you to inform us immediately of any illegal or dubious content on the linked website.
3. Other websites may have links to KARL MAYER's websites. Such a link requires our prior consent.


§ 12
Data protection

1 It may happen that data and information of visitors and users (date, time, page accessed) about the access are stored on the server. We point out that - without consent - no personal data (e.g. name, address or e-mail address) will be stored.
2. If personal data is collected, we undertake to obtain the prior consent of the user of the website. We undertake not to pass on any data to third parties unless the visitor or user consents in advance.
3. We would like to point out that the transmission of data on the Internet (e.g. by e-mail) may be subject to security vulnerabilities. Accordingly, error-free and trouble-free protection of the data of third parties cannot be completely guaranteed. Our liability in this respect is excluded.
4. The user has the right to information. You have the right at any time to receive from us complete and free information about the data stock concerning you.
5. There is also a right to correction/deletion of data/restriction of processing for the user.
6. Further detailed information on this is provided separately in the Privacy Policy, which is linked to the website.


§ 13
Cookies

1 We may use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the Internet browser of the page visitor.
2. numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual browser of the person concerned from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID.
3. The use of cookies allows users of this website to be provided with more user-friendly services which would not be possible without the setting of cookies.
4. We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are mostly so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard disk at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).
5. You can contradict the storage of Cookies, for this a banner is to you at the disposal which you can contradict/accept.
6 You can of course set your browser so that no cookies are stored on the hard drive or cookies that have already been stored are deleted. The instructions regarding the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.
7. Further detailed information on this is provided separately in the privacy policy, which is linked to the website.


§ 14
Changes to the Terms of Use

We reserve the right to make changes to KARL MAYER services, policies, terms and conditions, including these Terms of Use, at any time. They are subject to the terms and conditions, contract terms, and terms of use in effect at the time you use KARL MAYER's services. If any provision of these Terms shall be held to be invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.


§ 15
Place of jurisdiction and applicable law

1. For differences of opinion and disputes on the occasion of this contract, the law of the Federal Republic of Germany shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
2. Frankfurt am Main shall be the sole place of jurisdiction for orders placed by merchants, legal entities under public law or special funds under public law.

§ 16
Final provisions

1. Contract language is German or English.
2. If you breach these Terms of Use and we take no action against you, we will continue to be entitled to exercise our rights on any other occasion on which you breach these Terms of Use.
3. We reserve the right to make changes to our website, rules, conditions including these Terms of Use at any time. If any provision of these Terms of Use is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
4. The invalidity of one provision shall not affect the validity of the other provisions of the contract. If this should occur, the provision shall be replaced by another legally permissible provision which corresponds to the meaning and purpose of the invalid provision.


Last revised: June 13., 2019.