Terms of Use
Fischer & Habel GmbH
Kattreppeln 1
D-38100 Braunschweig
Germany
registered at the Braunschweig District Court HRB 205714
Represented by: Tobias Fischer, Matthias Habel
E-mail: hello@fischer-habel.com
VAT-ID-No.: DE304759956
(hereinafter also referred to as “Fischer & Habel”, “we”, “us”, “our” or similar)
1. SCOPE OF APPLICATION
1.1 Please read the Terms of Use carefully. By ordering goods or services (“products”) through this website or by registering on or with this website, the client (hereinafter also referred to as “you” or “your” or similar) agrees that these Terms of Use shall apply exclusively regarding your use of our website. Individual agreements between you and us, however, shall prevail.
1.2 By ordering our products through this website YOU REPRESENT AND WARRANT THAT YOU (A) ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US AND (B) HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU.
1.3 Please be aware that there is no 100% guarantee that this website will constantly be available at all times. However, we will use our best efforts to make this website available to you as far as this is technically possible and reasonably achievable.
1.4 We have the right to reasonably change our products / services to the customer or to stop offering any products / services to customers in the future.
1.5 We may reasonably revise and update our Terms of Use at any time by posting such revised or updated Terms of Use on or at our website. Any changes to our Terms of Use will become effective upon posting such revisions or updates. You agree to be bound to the modifications and should therefore periodically visit this page to review our current Terms of Use to which you are bound.
1.6 We recommend that you print out and save these Terms of Use on your computer. Please feel free to contact us and ask us any questions concerning these Terms of Use. Upon request, we will send you an electronic copy of them.
2. INDEMNITY, RIGHTS OF THIRD PERSONS
You agree to indemnify us from all liability as well as from all demands or costs which are asserted, brought or claimed against us by third persons as a result of your infringement of rights of third persons.
3. PRIVACY POLICY / DATA PROTECTION DECLARATION
Our Privacy Policy is available by clicking on the link . Please read the Privacy Policy Section carefully before using this website.
4. GENERAL TERMS AND CONDITIONS
Our Terms and Conditions are available by clicking on the link General Terms and Conditions. Please read our General Terms and Conditions carefully before using this website.
5. NO ASSIGNMENT
Neither these Terms of Use nor any rights granted to you hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.
6. CONTRACTUAL LANGUAGE
The contractual languages which are available shall be only English and German.
7. HOW TO DETECT AND CORRECT TYPING OR INPUT ERRORS
7.1 You can detect typing or input errors for example by using the zoom function of your browser and by carefully re-reading what you had typed into your computer before ordering a product.
7.2 You can correct typing or input errors by using the “Back”-button of your browser or by using the “Delete”-button. Please ask us, if you want more information on how to correct typing or input errors.
8. POSTING MESSAGES ETC., UPLOADING FILES ETC.
8.1 Our website may include features via which you may post messages, upload files, input data, or communicate with other users through our website.
8.2 By posting messages, uploading files, inputting data, or engaging in any other form of communication through our website, you agree to (a) grant to us and our successors, licensees and assigns a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform, or publicly display any such communication, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication, in each case including the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction, (b) absolutely and irrevocably waive in our favour and our successors, licensees and assigns, all moral rights in respect of any such communications, as far as this is legally possible in your jurisdiction, and (c) execute and deliver such further documents and do such further acts and things as we may request for the purpose of giving effect to the foregoing.
8.3 You agree, by using our website and the features mentioned in 8.1 and 8.2, that: (a) you will not use our website to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of one’s privacy, or otherwise in violation of any law; (b) you will not restrict or inhibit any other user from using and enjoying our website; (c) you will not post and/or upload any copyrighted, trademark protected and/or patent protected material on our website unless you own the copyright / trademark / patent in and to such material; (d) you will not post or transmit any information or software that contains a virus, worm, time-bomb, cancelbot, trojan horse or other harmful, disruptive, or deleterious component; (e) you will not post or transmit materials in violation of another party’s copyright or other intellectual property rights; (f) you will not utilize any robot, spider, site search/retrieval application, or any other manual or automated technique to scrape, index, data mine, etc., or in any way reproduce or circumvent the navigational structure or presentation or content of our website; and (g) you will not impersonate any other individual or entity in connection with your use of our website or the features mentioned in 8.1 and 8.2.
8.4 Although we are not able to and do not review all posted messages, uploaded files etc., we reserve the right to remove any message for any reason we may consider appropriate. You remain solely responsible for the content of your messages.
8.5 Posting of advertisements, spam, chain letters, pyramid schemes, solicitations, and the like, are not allowed on and/or through our website.
9. INDEMNITY
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless us and our affiliates and our representatives from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your use of, or activities in connection with, our website; (b) any violation of our Terms of Use by you; (c) any messages, uploaded files or other forms of postings that you post on our website which, for example, may have caused damage to or infringed upon or violated the rights of a third party, including without limitation, past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity or violation of rights related to the foregoing.
10. TERMINATION
We may, at any time and for any reason, terminate your access to or use of our website, your user name and password, your account or any files or information associated with your user name and password.
11. INEFFECTIVE PROVISION
Should any provision of these Terms of Use be or become ineffective, the validity of the other Terms of Use shall not be affected. Instead of the ineffective provision, a provision shall be included in these Terms of Use that comes as close as possible to the will of the you and Fischer & Habel regarding the ineffective provision within the limits of what is legally possible. The same applies in the event of a loophole.
12. TRADEMARK AND COPYRIGHT INFORMATION
12.1 All material on our website, including, but not limited to, music, lyrics, text, data, graphics, logos, button icons, images, audio clips, video clips, merchandising, links, digital downloads, data compilations, and software is owned, controlled, or licensed by Fischer & Habel and is protected by copyright, trademark, and other intellectual property rights.
12.2 All trademarks and service marks on our website are the property of their respective owners. We do not necessarily own all trademarks or service marks which you see on our website.
12.3 Material on our website or sold through our website is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, publicly performed, publicly displayed, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without being stated on our website otherwise.
12.4 In some cases, we will give you an explicit permission to share our material, for example, via social media like Facebook or Twitter. In such cases: please share our material with as many people as possible.
12.5 In all cases you promise and agree that you keep intact all copyright and other proprietary notices that may appear on our materials.
13. CONSUMER RIGHTS INFORMATION – California Residents Only
This Section applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following:
Fischer & Habel GmbH
Kattreppeln 1
D-38100 Braunschweig
Germany
registered at the Braunschweig (Germany) District Court HRB 205714
Managing Directors (Geschäftsführer): Tobias Fischer and Matthias Habel
E-mail: hello@fischer-habel.com
VAT-ID-No.: DE304759956
Users may contact our website at: hello@fischer-habel.com in order to resolve any billing disputes or to receive further information about this website.
14. COMPLAINTS - California Residents Only
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, USA or by telephone at 1-916-445-1254 or by e-mail: dca@dca.ca.gov.