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Terms of Use
for the Webshop of LEONHARD KURZ Stiftung & Co. KG

Edition: 10/2019

Validity

These Terms of Use shall apply to all contracts of LEONHARD KURZ Stiftung & Co. KG ("KURZ") with business customers (“Customer”) which are concluded via the Webshop of KURZ (“KURZ-Webshop”).

Restrictions

The KURZ-Webshop shall only be used by business customers. Consumers are not allowed to order via the KURZ-Webshop.

Conclusion of a Contract

The presentation of the products in the KURZ-Webshop is not a legally binding offer, but an invitation to the Customer to issue a binding offer to KURZ. Each order of the Customer constitutes a binding offer to conclude a purchase contract for the ordered product with KURZ. The Customer can select products in the KURZ-Webshop and collect them in a virtual “cart". By clicking on the "CHECKOUT" button in the shopping cart, the Customer has access to the final order overview, where the Customer can check his input data. By clicking the "PLACE ORDER" button, the Customer makes a binding offer to purchase the selected products in the shopping cart. The Customer can only submit a binding purchase offer by clicking the "PLACE ORDER" button if he has accepted the applicable terms of delivery by checking the box provided for this purpose. Before sending the order, the Customer can review and change the data at any time. Before sending the order, the order process can be canceled at any time by closing the browser window.

KURZ will confirm the receipt of the Customer's order with an e-mail ("Confirmation of Receipt"). This Confirmation of Receipt does not constitute a binding acceptance of the purchase order. The conclusion of the purchase contract is only concluded if KURZ confirms the order with an express order confirmation (e.g. via e-mail) and sends the delivery to the Customer.

Shipping

If the Customer has to bear the costs for the shipping of the products according to the agreed delivery conditions, KURZ will provide and invoice the corresponding shipping costs to the Customer. If the Customer wishes to receive any information about the amount of the shipping costs before sending the binding order to KURZ, the Customer may contact KURZ directly in this matter.

Display of Colors

The colors of the foils offered in the KURZ-Webshop may vary from the actual colors and constitute only a color indication for these foils. Color deviations from the presentation in the KURZ-Webshop in comparison to the concrete application result can arise e.g. through different screen settings, the application of adhesives, curing and other processing methods, as well as the structure and color of the substrate. For this reason, the Customer has to check the suitability of the particular type of foil for the intended use and his individual color requirements (for example by means of independent transfer tests under the respective processing conditions including substrate).

Trademarks, Copyright and other Rights

In the KURZ-Webshop KURZ may provide Customers with certain information such as data, texts, logos, layouts, graphics, photos, illustrations, videos, animations, pictures, documents, software and similar material or other information (hereinafter collectively referred to as "Content") for retrieval or download. The Contents of the KURZ-Webshop and their arrangement are subject to trademark protection, copyright protection, intellectual property rights or other rights of their respective owners. The Customer shall observe these rights.

Legal Capacity; Right of Use

The Customer shall ensure that the employees of the Customer who place an order via the KURZWebshop have the necessary authorization to conclude a contract with KURZ. KURZ may consider the knowledge of the access data and especially the password as such necessary authorization. Access data and other confidential business information (e.g. prices) may not be passed on or made accessible to third parties.

The Contents of the KURZ-Webshop may not be changed, reproduced, edited, supplemented or otherwise exploited or used without the prior written consent of the respective owner. 

To the extent that KURZ expressly makes the Content in the KURZ-Webshop available for retrieval or download, no written consent shall be required for its use and KURZ hereby grants the Customer a revocable, non-exclusive, non-transferable, non-assignable and non-sublicensable license to retrieve and download such Content from the KURZ-Webshop in accordance with the following terms and conditions:
Use shall only be permitted if
- the copyright notice "© KURZ YYYY", or any other copyright notice or appropriate notices referring to intellectual property, remains unchanged on the Content used; and
- the use of the Contents exclusively serves the informative purpose of the Customer and / or the use of the Contents corresponds to the purpose intended by KURZ in making the Content available; and
- no Contents are changed.

The right of use shall not apply to the use of the design and/or layout of the KURZ-Webshop itself.

KURZ reserves the right to revoke the right of use at any time. Any use shall be discontinued immediately upon written request by KURZ.

When using the KURZ-Webshop, the Customer shall not cause any damage to KURZ or any third parties and shall not violate any applicable law. In particular, the Customer shall be obliged to comply with the recognized principles of data security (e.g. to keep passwords secret) and to prevent the misuse of its own computer systems by third parties.

The granting of the right of use or the use of the KURZ-Webshop does not constitute any rights of ownership, license, reproduction, use, protection or other rights by the Customer, except for the rights expressly granted to the Customer within the scope of the Terms of Use, nor can any obligation be derived therefrom to grant such rights, regardless of the existence of any intellectual property rights.

Exclusion of Obligation to Inform

Both KURZ and the Customer waive the application of the obligations regarding information in e-commerce of § 312i para. 1 no. 1-3 and para. 2 BGB in accordance with § 312i para 2 no. 2 BGB.

Data Privacy

The Customer declares his consent to the storage, processing and use of his personal or company-related data, as far as it is necessary in the course of the execution of the contract with KURZ. KURZ will meet the requirements of the applicable data protection law. In addition, KURZ’s data protection statement, which is made available in the KURZ-Webshop, shall apply.

Archiving and Storage

The Customer is responsible for complying with the statutory and other retention obligations relevant to commercial documents as well as for proper archiving of such documents.

External Links

The KURZ-Webshop may refer directly or indirectly to external websites and contain links to other external websites that are not maintained by KURZ. These external websites contain information from natural and/or legal persons who are legally independent of KURZ and are subject to the liability of the respective website operator. KURZ Is neither responsible for the content of these external websites and the links listed therein, nor are these contents checked, approved, supported, confirmed or adopted by KURZ. KURZ has no influence whatsoever on the current and future design of the linked websites. The use of external links and external websites is at the Customer's own risk.

Liability

The use of the KURZ-Webshop is at the Customer's own risk. The web pages of the KURZ-Webshop have been designed with the utmost care and are regularly updated. Nevertheless, KURZ does not accept any liability for the accuracy, up-to-dateness, correctness, completeness, accuracy, usefulness or usability of the Content contained therein or the freedom from intellectual property rights and other rights of third parties.

KURZ does not make any representations regarding the suitability of the Contents of the KURZ- Webshop for specific purposes and do not make any guarantees or representations regarding any general or specific characteristics.

KURZ’s liability shall be excluded, unless there is a mandatory liability under the applicable law or in case of intent or gross negligence, injury to life, body or health, the assumption of a guarantee of quality, fraudulent concealment of a defect or breach of essential contractual obligations. However, damages for the breach of essential contractual obligations shall be limited to the foreseeable, typically occurring damages, unless in case of intent or gross negligence. A change in the burden of proof to the detriment of the Customer shall not be implied hereby.

KURZ makes every effort to keep the KURZ Websites free of viruses. Nevertheless, KURZ does not accept any liability that Contents obtained from the Customer via the KURZ-Webshop are free of viruses or harmful components. The Customer is responsible for ensuring that adequate security precautions and checking mechanisms are in place.

Registration and Blocking of an Account

If there are indications that a Customer is in breach of statutory provisions, the rights of third parties, these Terms of Use (e.g. disclosure of access data), or if KURZ has another legitimate interest, in particular in the event of warnings from KURZ by third parties for infringement of third-party rights, KURZ may, at its own discretion and without compensation for the Customer, take the following measures:
- Warning of the Customer;
- Provisional blocking of the user account;
- Definitive blocking, i.e. immediate termination of the user contract for the KURZ-Webshop and deletion of the user account.
In particular, but not exclusively, the definitive blocking will be effected in the following cases:
- if false or misleading data is provided, e.g. a false or invalid e-mail address;
- if the Customer makes his access data accessible to third parties or attempts to transfer it to them;
- if the Customer damages KURZ or third parties, in particular misuses services provided by KURZ (in particular via the KURZ-Webshop);
- lack of creditworthiness or initiation of insolvency proceedings;
- if there's another important reason.

There is no legal claim to use the KURZ-Webshop. KURZ reserves the right, at its own discretion and without giving reasons, to block or restrict access to the KURZ Web Shop.

The Customer may at any time request the deactivation or deletion of the user account.

Availability and Changes

KURZ shall endeavor to make the KURZ-Webshop available to its Customers at all times, but under no circumstances shall KURZ guarantee the uninterrupted availability of the KURZ-Webshop. In particular, the KURZ-Webshop may be temporarily restricted or unavailable due to external circumstances, technical occurrences (in particular power and system failures, also at third parties) or maintenance work. KURZ shall endeavor to announce to the Customer any foreseeable restrictions on the services provided. Furthermore, KURZ reserves the right to interrupt the operation or functionality of the KURZ-Webshop in whole or in part, or to temporarily or permanently suspend or delete the content of the KURZ-Webshop altogether.

KURZ expressly reserves the right to change, improve, correct, remove or restrict or discontinue the availability of the contents of the KURZ Web Shop, the products and services described, as well as the information and product descriptions, at any time without prior notice and without requiring specific notice.

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