General Terms and Conditions for using the Web-Shop of Marquardt GmbH
1.1 The Marquardt GmbH web-shop shall be used by the persons set forth hereinafter in item 1.2 exclusively in accordance with these General Terms and Conditions. We will not acknowledge any contrary provisions or any other provisions of the Buyer not included in our General Terms and Conditions.
1.2 Our General Terms and Conditions shall apply only to individuals who at the time of using the web-shop are acting in pursuance of their commercial profession or self-employment („entrepreneur“) as well as to legal entities or a special fund under public law. They shall not apply to any individuals who use the web-shop for any purpose other than their commercial or their self-employed business activity („consumer“).
2. Conclusion of the contract
2.1 The presentation of the products in the web-shop shall not be a binding offer.
2.2 Marquardt GmbH itself shall not become contracting parties for the contracts concluded via this web-shop. Contracts via this web-shop shall be exclusively concluded between the buyer and the distributor selected by the buyer. The contracts concluded between the distributor and the buyer shall be governed by the General Terms and Conditions of the distributor that are available in this web-shop and that the buyer shall accept before ordering the products.
2.3 Upon submission of the binding order by the buyer in the web-shop, the buyer will receive an automated acknowledgment of receipt by email. The automatic acknowledgment of receipt only documents that the order of the buyer has been received and shall not be deemed an acceptance of the order. The contract is only deemed to have been concluded upon confirmation of the order by the distributor selected by the buyer.
3. Implementation, fulfillment of the contract
3.1 The contract shall be exclusively implemented and fulfilled (for instance delivery, warranty, rescission of the contract etc.) by the buyer and the distributor selected as contracting party.
3.2 If the products ordered by the buyer are not available, the selected distributor will notify him thereof.
4. Limitation of liability
4.1 The individual pages of this web-shop (website) were carefully created at the respective revision date indicated. They serve the purpose of providing general information only, and not of giving advice on specific cases. Marquardt GmbH will not assume any liability for the topicality, correctness, completeness and/or quality of this website. Marquardt GmbH will exclude any liability for direct or indirect damage as a result of using this website or downloading data from this site. Our website contains links to other website operators. As far as reference is made from this website to any other internet sites operated by third parties, Marquardt GmbH will not warrant nor undertake liability for their function, any illegal content or any other violations or infringements.
4.2 Insofar as our liability in accordance with the above provisions is excluded or limited, this shall likewise apply to the personal liability of our employees, workers, representatives and vicarious agents.
5.1 In his profile the buyer can at any time call up, change or delete the data he saved during registration.
5.2 For further information on data protection please use the button „Data protection“ in this web-shop.
6. Applicable law, place of jurisdiction
6.1 These General Terms and Conditions as well as any and all legal relationships between us and the buyer shall be governed by the law applicable in the Federal Republic of Germany under exclusion of the UN sales law.
6.2 Provided the purchaser is a registered merchant as defined in the German Commercial Code, a legal entity or a special trust under public law, our principal place of business shall be the exclusive place of jurisdiction for any and all rights and duties arising from our contractual relationship. We will, however, also be entitled to sue the buyer at his place of general jurisdiction.
(Stand January 2017)
General Terms and Conditions for using the Web-Shop of Marquardt GmbH
1.1. This website (the “Web-Shop”) owned and maintained by Marquardt GmbH and its affiliates (“we” or “us”) shall be used by the persons set forth hereinafter in item 1.2 exclusively in accordance with these General Terms and Conditions (these “Terms”). We will not acknowledge any contrary or additional provisions not included these Terms.
1.2. No consumer, as such term is defined in the New York Uniform Commercial Code (the “UCC”) shall be permitted to place any order through the web-shop. The Webshop is exclusively for use in business to business transactions among merchants, as such term is defined in the UCC. By placing any order through the Webshop, the respective user is certifying and affirming that he is not a consumer and is placing such order in a business to business transaction as a merchant.
2. No Contract.
2.1. We provide the web-shop for the use of the distributors listed hereon, and any order placed by a user through the web-shop is placed exclusively with the respective distributor and shall be governed by such distributor’s terms and conditions. We shall not be party to, or bound by, any contract concluded between a user and a distributor.
2.2. Any order placed through the web-shop shall be confirmed by an acknowledgement from us to the user. Notwithstanding the foregoing, such acknowledgement does not constitute acceptance of any order, which can only be confirmed by the respective distributor.
2.3. It shall be the responsibility of the respective distributor to fulfill, implement and/or perform any order placed through the web-shop and we shall have no obligation therefor. Distributor is solely responsible to insure that any products obtained through this web-shop are properly installed and used in accordance with any and all applicable laws, codes and regulations.
2.4. If for any reason an order cannot be fulfilled, implemented or performed, it shall be the responsibility of the respective distributor to notify the user thereof and we shall have no obligation therefor.
3. Limitation of Liability.
Except as otherwise set forth in any writing provided to you by us, ALL WARRANTIES FOR ALL PRODUCTS ARE EXPRESSLY DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE SPECIFICALLY DISCLAIM ANY LIABILITY, WHETHER DIRECT OR INDIRECT, FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES RESULTING FROM ANY ORDER PLACED THROUGH THE WEBSHOP OR THE USE OF ANY PRODUCTS OBTAINED VIA SUCH ORDER. WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY OF ANY THIRD PARTIES.
4. Intellectual Property.
Other than content contained on any third party site to which a user is linked or directed from the web-shop, all content included on the web-shop, including but not limited to text, graphics, logos, icons, images, data and software belongs exclusively to us and is protected by United States and international copyright laws (the “Intellectual Property”). We grant each user authorized by Section 1.2 hereof a limited license to access and make use of the web-shop and not to download or modify any portion of it (the “License”). The License does not include any commercial use of the Intellectual Property. The Intellectual Property may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose.
5. User Account.
5.1. Any user of this web-shop is responsible for maintaining the confidentiality of his information contained hereon and for all activities that occur under his account. We reserve the right to refuse service, terminate accounts, remove or edit content. We have the right but not the obligation to monitor and edit or remove any activity or content.
Except where noted otherwise, the price displayed for any product on the web-shop represents the estimated retail price, and may be a different price than is actually charged by the respective distributor. A user may view each distributor’s prices, which prices shall be binding on the user, prior to placing any order.
7. Applicable Law; Venue.
These Terms and all interaction between us and any user shall be governed by the laws of the State of New York, without regards to conflicts of laws principles which would cause the application of the law of any other jurisdiction. The United Nations Convention on the International Sale of Goods shall not apply. Any dispute arising under these Terms or use of the web-shop shall be venued exclusively in the state or federal courts sitting in Madison County, New York.