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General Terms of Use

General Terms of Use of karwendel.de
as of: 25th May 2018

1. Provider and scope

1.1 The website retrievable at the domain www.karwendel.de (hereinafter referred to as the "Website") as well as the services available there are provided by Karwendel-Werke Huber GmbH & Co. KG (for further details refer to Legal Notice), hereinafter referred to as "Karwendel".

1.2  Karwendel shall provide the services offered on the website to users of the website (hereinafter referred to as "Users") solely on the basis of the General Terms of Use (hereinafter referred to as the "AGBs"). Competitions shall be subject to additional conditions of participation. In the event of contradictions, said conditions of participation shall take precedence over these AGBs.

1.3 By using the Website, the user shall thereby agree to these AGBs. In the event that the User does not agree to this, then he shall immediately terminate his use of the Website. Karwendel shall be entitled to amend and/or supplement these AGBs. Use of the Website shall be subject to the AGBs, which are in effect at the time used.

2. Contents of the Website

2.1 The Website and its contents are protected by copyright, trademark and/or other protective rights and are subject to copyright law and other protection laws (hereinafter referred to as "Property Rights"). Karwendel is the rightful holder and/or licencee of all rights to the Website as well as its contents and offers.

2.2 Apart from his normal visit to the Website, the User shall not be permitted to download and/or copy and/or otherwise reproduce contents of whatever kind – unless this is expressly allowed on the Website or in these AGBs.

2.3 Any changes or modifications to the Website or to the contents of the Website not authorised by Karwendel are prohibited.

3. Use of databases

3.1 Archives and databases (hereinafter referred to overall as the "Database"), which are generally accessible to the User on the Website (e.g. the recipe database) shall be subject to protection in accordance with the Copyright Act. On the condition of compliance with these AGBs, the User shall be granted a non-exclusive, non-transferable and non-sublicensable right of access to and use of the Database for private, non-commercial purposes. This right of use shall be limited to the entitlement to have contents of the Database displayed on the screen for the User's own non-commercial use, to save said contents on a data medium and/or print out. Any further use – particularly a commercial use – shall be expressly prohibited.

3.2 The accessibility to databases can be restricted for technical reasons, such as malfunctions due to disruptions of the data transmission network, force majeure or necessary servicing and maintenance work.

4. Reporting legal violations

If a User considers that a particular part of the Website contains a legal violation, then he can notify Karwendel of this by sending an email to the address: info@exquisa.com. Rights holders who consider that their rights have been infringed by user contents – particularly in the form of comments posted on the Website – can also notify Karwendel of this by sending an email to the address: info@karwendel.de providing the following information:

  • A description of the rights violated in the opinion of the rights holder;
  • Details of the content that infringes his rights in the opinion of the rights holder;
  • The address, telephone number and/or email address at which Karwendel can contact the rights holder.
  • A declaration by the rights holder that to the best of his knowledge and in good faith he assumes that the content subject to complaint has not been approved or legally permitted by the rights holder.

5. Closed  dealer portal

5.1 For wholesalers and retailers of Exquisa products, Karwendel additionally offers a closed dealer portal based on the 5 conditions specified in this Item, in which additional services are made available (hereinafter referred to as the "Dealer Portal") – particularly photos of Exquisa products as well as advertising information and materials (hereinafter overall referred to as "Materials" in short).

5.2 Registration with password is required in order to gain access to the Materials. The User shall undertake to truthfully enter information in the mandatory and voluntary entry fields in the registration dialogue. The User shall make amendments to this data of his own volition. At the time of registering, the User shall be of age within the meaning laid down in § 2 BGB (German Civil Code).

5.3 If the User registers for the Dealer Portal on the Website and transmits his registration to Karwendel, this shall be deemed as a request for Karwendel to make an offer to conclude a licence agreement. Karwendel shall be entitled to check the identity of the User and refuse to make said offer without providing reasons.

5.4 If Karwendel intends to register the User, then Karwendel will activate the User and inform him by email to the email address provided by him that he now has access to the closed Dealer Portal. Karwendel hereby offers the User the conclusion of a licence agreement on the basis of the AGBs.

5.5 By logging in, the User accepts the offer by Karwendel to conclude a licence agreement. This thereby creates the contract between the User and Karwendel.

5.6 With the conclusion of this licence agreement. the User is granted the non-exclusive, non-transferable and non-sublicensable right to use the Materials free of charge in unchanged form solely for the purpose of the advertising and sale of Exquisa products. This particularly includes the right to use the Materials by means of publication, reproduction and dissemination as well as making them publicly available. The User shall not be entitled to process Materials unless he has expressly been permitted to do by Karwendel in writing. Any further use of the Materials shall require the prior written consent of Karwendel.

5.7 Any General Terms of Use or other conditions of the User deviating from these AGBs shall not become part of the agreement and shall accordingly not have any legal effects vis-á-vis Karwendel.

5.8 The User shall undertake to keep the access data and passwords required for access to the Dealer Portal secret and promptly notify Karwendel in writing in the event of the usage data and/or passwords of the User becoming known to third parties. The User shall assume full responsibility for all actions undertaken by third parties using his access data and/or passwords, insofar as the user is to blame for this.

5.9 In the event that the User makes the access data and/or passwords available to third parties, Karwendel shall be entitled to terminate the contractual relationship with the user with immediate effect, delete the registration of the User and exclude the User from further use of the Dealer Portal.

5.10 Karwendel and the user shall each be entitled to ordinarily terminate the licence agreement at any time with notice of one week without giving reasons. From the date of the licence agreement ending, the User shall immediately cease using the Materials.

6. Liability

6.1 Karwendel shall be liable to the User without limit for damage caused by a wilful or grossly negligent violation of contractual obligations on the part of Karwendel, as well as in the event of loss of life, physical injury and damage to health.

6.2 In the event of a slightly negligent violation of obligations, whose fulfilment makes the due performance of the contract possible in the first place and compliance with which the User may regularly place particular reliance upon (essential contractual obligations), the liability of Karwendel shall be limited to foreseeable and typically occurring damage. In other respects, any liability for simple negligence shall be excluded. In accordance with the Product Liability Law, the liability of Karwendel shall remain unaffected by the aforementioned limitation.

6.3 Karwendel shall retain the defence of contributory negligence on the part of the User. The preceding liability limitations shall also apply in the event of dereliction of duty of the part of legal representatives or vicarious agents of Karwendel. Insofar as liability on the part of Karwendel is excluded due to the foregoing provisions, then this shall also apply to personal liability on the part of employees and vicarious agents of Karwendel.

6.4. Before creating links to external websites, the Data Protection Officer of Karwendel-Werke Huber GmbH & Co. KG performed a careful check of the sites and a reasonable examination of compliance on the part of the external websites with data protection laws. Links to said sites were only created if no indication for illegal or infringing content was detected. Karwendel-Werke Huber GmbH & Co. KG shall assume no liability for the contents of external websites, to which reference is made by means of links. The operators of the linked websites shall be solely responsible for the content and legal conformity of their own pages.  On receiving information of inadmissible content, Karwendel shall promptly remove the link concerned.

7. Consumer dispute settlement

7.1 Online arbitration

The European Commission has established a platform for the online settlement of disputes, which is available at: ec.europa.eu/consumers/odr/. Consumers have the possibility of using this platform for resolving their disputes.

7.2 Dispute arbitration

We are neither prepared nor obliged to participate in dispute settlement proceedings before a consumer arbitration board in accordance with the Law on Alternative Dispute Settlement in Consumer Matters (VSBG).

8. Data protection

The handling of the personal data of the User is described in the Data Protection Declaration: to Data Protection Declaration. Insofar as the services desired by the User from Karwendel require consent from the User for data protection reasons, the User shall receive the possibility of granting as well as revoking a corresponding consent.

9. Other provisions

9.1 The laws of the Federal Republic of Germany shall be applicable to these AGBs as well as the all legal relationships between the User and Karwendel.

9.2 In the event that individual provisions in these AGBs are (or become) invalid or incomplete, the validity of the remaining provisions shall remain unaffected thereof.

9.3 If the User is a merchant within the meaning of the German Commercial Code (HGB), then – insofar as this is permissible in accordance with § 40 Code of Civil Procedure (ZPO) – Munich shall be the sole place of jurisdiction for all disputes arising between the User and Karwendel from the use of this website.