"https://www.mynord.com" (version Austria) of GETRIEBEBAU NORD GmbH
Article 1 Internet portal "myNORD" (Austria)
(1) The internet portal "https://www.mynord.com" is aimed both at registered and non-registered users.
(2) Users in the meaning of the conditions of use are exclusively companies in the meaning of articles 1-3 UGB.
(3) All users may inform themselves on the internet portal about our products, configure them and edit, save and print the configuration.
(4) To additionally transmit offer enquiries and/or orders, registration and/or approval of the users will be required on the internet portal to provide us with the information necessary for expedient and smooth order processing. Therefore, pages related to offer enquiries or orders are only accessible to registered users of the internet portal who meet the registration conditions set out in article 4 of these conditions of use.
Article 2 Scope and subject of the conditions of use
(1) These conditions of use for the utilisation of the internet portal apply to all users of the internet portal. For orders by registered and approved users the "General terms and conditions of GETRIEBEBAU NORD GmbH" also apply which are available at the website www.nord.com (Austria) for viewing, saving and printing at any time.
(2) Furthermore, the use of this internet portal is only permitted on the basis of these conditions of use. We reserve the right to modify the conditions of use at any time and without stating reasons. The validity of these conditions of use in their respective version is accepted by registration in accordance with article 4 or, where registration is not required, by the actual start of utilisation.
(3) Our internet portal has been created for the territory of the Republic of Austria on the basis of Austrian law. We do not, therefore, accept liability as to whether the internet portal is suitable, usable or legally permissible for users from other countries.
Article 3 Content and availability of the internet portal, products
(1) We have the right, at our sole discretion, to modify, amend, restrict, delete or temporarily or permanently cease publication of all areas of the internet portal or parts thereof.
(2) The internet portal can only be used within the context of the current state of technology. Technical faults in the power supply or transmission network, hardware or software errors, reduced capacities, security- or maintenance-related interruptions may affect the scope of utilisation options. We do not guarantee that the internet portal is always usable to the full extent.
(3) We also do not guarantee that the internet portal if free from viruses. Every user must take appropriate security measures for his own protection and the protection of the internet portal before downloading materials.
(4) The presentation and configuration option of our products on the internet portal does not imply a binding offer by us. Rather, it is an invitation to the user to submit a binding offer. The tooltips (= help functions) which can be opened in the configurator are product-related. They do not replace advice about the suitability of the respective product for the use intended by the user. Therefore, the user is invited to additionally make contact with one of our competent employees.
Article 4 Registration, approval
(1) Some areas of the internet portal are only accessible to registered users. Other areas of the internet portal are furthermore subject to approval and thus only accessible to approved users.
(2) A user may request his registration from us by email by stating his name, email address and a freely selectable password only visible to him. He then receives a confirmation of receipt by email with a confirmation link to the email address specified by him. Once the user has confirmed this link, he can use the password-protected area as registered user. He must truthfully provide the data required for registration and notify us of any subsequent changes without delay.
(3) A user has no right to registration. We are also entitled to revoke any registration issued at any time. This is e.g. the case if we detect that the user has provided the data required for registration incompletely or incorrectly, violates these conditions of use or is no longer authorised to utilisation. We therefore reserve the right to verify the authority of utilisation every twelve months by sending an additional confirmation mail.
(4) The registered user must keep his access data, in particular his password, confidential.
(5) A separate approval is required for the price-relevant area of the internet portal. This is issued in each case after separate consultation with us. The above-mentioned provisions of clauses (3) and (4) apply accordingly.
(6) The data of the user required for approval are recorded and may be disclosed where this is necessary to execute an order. The user already explicitly agrees to this transfer of data.
Article 6 User rights
(1) The registered user is granted a single non-exclusive and non-transferable licence for the use of the internet portal within the context of his professional activity.
(2) By clicking on the "Configure" button the registered user can create an offer enquiry and by clicking the "New item" button add products to this offer enquiry, where applicable with the aid of the Configurator. A completed offer enquiry will be saved in a shopping basket by clicking the button "Save process and create offer". Offer enquiries created in such a way remain non-binding and do not represent a contractual offer by the customer.
(3) Submitting a binding order is only possible in the approved area. Prior to submission the content including the customer data will be summarised on an overview page. The registered and approved user can correct the order data selected there again using the intended alteration fields. After clicking on "General terms and conditions accepted" the registered and approved user submits to us a binding offer for entering into a contract by clicking the additional button "liable to pay".
(4) After ordering the registered and approved user received from us an automatically generated email to confirm the receipt of the order by us and reiterate its details (confirmation of receipt). This confirmation of receipt does not represent a contractual obligation on our part. A contract only comes about by, at our discretion, sending an order confirmation or the ordered products within 30 days.
(5) After entering into a contract the contract text remains saved and accessible to the registered and approved user. The registered and approved user can also save and/or print the content of his order directly after submitting his order and also view it later at any time using the "Project overview" function.
Article 6 User obligations
(1) The registered and approved user asserts that all data provided by him during order placement or approval (e.g. name, address, email address, bank account etc.) are truthful. Changes must be notified without delay.
(2) The registered user ensures that third parties cannot access information, software, documentation and user data provided for the registration. He may not pass the information, software, documentation and user data provided for the registration to third parties be it for a charge or for free. Furthermore, he is not entitled to modify, reverse engineer or translate the software and its documentation or extract parts of it.
(3) If the user becomes aware of an abuse of the access rights granted to him, he must notify this to us without delay in writing. In case of abuse of the access rights communicated to the user we have the right to block access to the internet portal for the user without delay. The user is liable for any abuse of the access data for which he is responsible.
Article 7 Copyright and other protection rights
The content (in particular the information, software, documentation, texts, images, diagrams, audio, video and animation files and any other files and databases), the design and the layout of our internet portal are protected by copyright. We explicitly reserve all protection rights. In particular duplication, editing, dissemination and any kind of utilisation are subject to our written approval unless the measures are permitted without approval by law. This also applies to our brands and trademarks, rating plates and corporate logos. Except for the rights granted explicitly in these conditions of use we do not grant the user any additional rights of any kind with the provision of the content, in particular as relating to copyright, company names and commercial protection rights, such as patents, designs or brands.
Article 8 Liability for content, links
(1) For our own content on our internet portal we are responsible in accordance with general legislation.
(2) We have created the content found on this internet portal with care and tried to verify it continuously. However, we cannot guarantee its correctness, currency, completeness and continuous availability. We only issue binding information, advice, recommendations or declarations in the course of individual communications.
(3) Inasmuch as we make available or provide our content on our internet portal free of charge we are not liable for technical and legal defects. In particular, we are not liable for the correctness, freedom from errors, freedom from third party protection rights and copyright, completeness and/or usability of the content. This exclusion of liability does not apply to wilful intent or fraud on our behalf.
(4) Our offering contains links to third party websites whose content is outside our control. The responsibility for the content of linked pages rests exclusively with the respective provider of these pages.
Article 9 Export control
The provision of certain contents may, dependent on their purpose and final destination, be subject to approval or entirely prohibited on account of corresponding export control regulations of the European Union, the member states of the European Union and/or the USA. Therefore, access and/or disclosure of the content provided on our internet portal may only take place if the compliance with these relevant export regulations has been ensured by the user. In case of violations we have the right to block access to our internet portal without delay.
Article 10 General provisions, place of jurisdiction, applicable law
(1) There are no ancillary agreements to the conditions of use above. Amendments and supplements must be made in writing. This also applies to the alteration of this clause requiring the written form.
(2) If individual provisions are or become invalid or ineffective, the effectiveness of the remaining provisions remains unaffected. If thereby gap of provisions arise, both parties will negotiate to replace the excluded or ineffective provision with an effective provision coming closest to it commercially. Both parties commit to submit any necessary declarations of intent which are necessary for this.
(3) The place of fulfilment for all obligations is Linz.
(4) The place for all disputes arising from and in conjunction with the legal relationship with the customer shall be the competent court in Linz.
(5) The applicable law is Austrian material law with the exclusion of any international and supranational (contractual) legal systems, in particular the UN Sales Law.
Status: February 2017