Terms and Conditions
TERMS AND CONDITIONS OF USE
BANDEX Textil & Handels-GmbH offers the BANDEX website (the "Website") to you, conditioned upon your acceptance without modification of the terms and conditions ("Terms") set forth herein. BANDEX reserves the right to change or modify the Terms, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions to the Terms shall be effective immediately upon our posting of them on the Website. You can review the most current version of the Terms at any time by clicking on "Terms and Conditions" at the bottom of the Bandex homepage. Your use of this Website constitutes your agreement to the Terms.
USE OF WEBSITE
Except as set forth herein, you may only use the Website and any pictures, software and other content ("Website Content") only for your personal and noncommercial use, and only over the Internet through a authorized connection. Except as otherwise expressly permitted herein or under copyright law, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Website Content, or use Website Content to provide products and/or services to others without the express written consent of BANDEX. In the event of any permitted copying, redistribution or publication of Website Content, you may not make any changes in or deletion of trademarks, copyright notices or other proprietary notices. You acknowledge that you do not acquire any ownership rights by downloading the Website Content. Any rights not expressly granted herein are reserved.
MODIFICATIONS TO THE WEBSITE
BANDEX shall have the right at any time to change or discontinue any aspect or feature of the Website without notice, including, but not limited to, content, features, hours of availability, data format, and equipment needed for access or use. You agree that BANDEX shall not be liable to you or to any third party for any such changes.
COPYRIGHT NOTICES AND TRADEMARKS
All Website Content is copyright of BANDEX Textil & Handels-GmbH and/or its licensors. All rights reserved.
"BANDEX", "Bob" and "Rufflette" are registered trademarks of BANDEX Textil & Handels-GmbH and its licensees. Third party trademarks referenced herein are trademarks or registered trademarks of their respective owners.
The Website contains links to other websites over which BANDEX has no control. BANDEX does not endorse and is not responsible or liable of whatever reasons for any content on, availability of, or services provided by such websites.
PRIVACY STATEMENT AND TRANSACTION SERVICES
When joining BANDEX as a registered visitor, you agree to provide true, accurate, current and complete information about your business and yourself. BANDEX and its subsidiaries and affiliates have your expressly permission to use the provided information for the entire business relationship. Your information will not be provided to third parties.
The Website provides access to place inquiries and orders, to purchase products and other services from BANDEX ("Transaction Services"). In order to use the Transaction Services you must be 18 years of age and possess the legal authority to accept the Terms. By use of the Transaction Services, you warrant that you are at least 18 years of age and possess the legal authority to accept the Terms and agree to be bound by them.
You agree to be financially responsible and definitely liable for all use of the Transaction Services by you or others permitted to use your account. You agree to supervise and to be liable for all usage of the Transaction Services by minors under your name or account.
You agree to use the Transaction Services only to make legitimate inquiries and/or purchases. Separate terms and conditions may apply to each Transaction Service by the supplier(s) of such Transaction Service. You agree to be responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Transaction Services. You agree to indemnify and hold BANDEX, and its subsidiaries, affiliates, suppliers and licensors, harmless from any claim or demand, including reasonable attorneys" fees, made by any third party due to or arising out use of the Transaction Services by you or other on your account.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE WEBSITE, WEBSITE CONTENT, SOFTWARE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BANDEX EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BANDEX MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, WEBSITE CONTENT, SOFTWARE AND SERVICES: (I) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (II) THE QUALITY OF ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS; (III) THE WEBSITE, WEBSITE CONTENT OR SOFTWARE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (IV) ANY ERRORS WILL BE CORRECTED.
ANY WEBSITE CONTENT OR SOFTWARE YOU DOWNLOAD IS AT YOUR OWN RISK. YOU AGREE THAT BANDEX SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE TO EQUIPMENT, LOSS OF DATA OR OTHER DAMAGE THAT OCCURS DUE TO SUCH DOWNLOADS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Bandex AND/OR LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BANDEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO USE, INABLITY TO USE OR DELAY IN USE OF THE WEBSITE, WEBSITE CONTENT, SOFTWARE OR SERVICES UNDER ANY CAUSE OF ACTION WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE.
This Agreement constitutes the entire agreement between you and BANDEX regarding use of the Website, Website Content, Software and Services, and supersedes all previous written or oral agreements with respect to such subject matter. You also may be subject to additional terms and conditions that may apply when you use the Transaction Services. This Agreement shall be construed in accordance with the laws of Austria, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.