Terms of use

for the “https://www.mynord.com” internet portal of NORD GEAR LTD.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

terms_of_use_myNORD

§1 Registration on the “myNORD” internet portal

(1) The “https://www.mynord.com” internet portal (hereinafter referred to as NORD portal) is aimed at non-registered as well as at registered users.

(2) Users as referred to in these terms of use are exclusively commercial entities registered or primarily carrying out their business in the United Kingdom.

(3) All users can use the NORD portal to find out more about our products, to configure them, to edit their configurations, to save and to print them. Registered users may use the “Configure” or “Configuration” button to create an offer request. By further clicking the “Create new configuration” button, they may add products to this offer request, optionally using the configurator. A completed offer request is saved in a project list. Offer requests created this way remain non-binding and do not represent a contract offer by the customer.

(4) Furthermore, after the integration of the NORD DRIVESYSTEMS E-SHOP (hereinafter referred to as e-shop) into the NORD portal, all users can obtain information about the spare parts for the drive they are interested in as well as about other products from NORD. Registered users can also order them quickly and easily.

(5) Users may request their registration via our online registration form by providing details of their forename and surname, company, e-mail address, telephone number, address and, if available and known, the company’s customer number at NORD and their VAT registration number, as well as an individual, freely selectable password. Afterwards, the user receives a confirmation of receipt by e-mail to the specified e-mail address including a confirmation link. After the user has confirmed this confirmation link we will check the provided information for the purpose of an account activation. As soon as we have activated the account, the user receives another e-mail to the specified e-mail address. After usage of the login data and the password, the user is a registered user and can complementarily use the e-shop for order processes. Registered users must inform us immediately about later changes to their information.

(6) Users have no right to their registration. Furthermore, we are entitled to rescind a granted registration at any time. This may be the case if we discover that the user provided incomplete or wrong data for the registration, violates these terms of use or is no longer entitled to usage. We reserve the right to check the usage authorisation by sending another confirmation e-mail.

(7) Registered users must maintain secrecy about their login data, especially the password.

(8) The user data required for registration are collected and can be submitted, for example, to transport companies and/or financial service providers as far as this is necessary for the execution of an order. The user hereby expressly agrees to this data transfer. This agreement is subject to the terms of our privacy policy ( https://www.nord.com/en/global/privacy-policy.jsp ).

§2 Scope and subject of the terms of use

(1) These terms of use for using the NORD portal and the e-shop apply to all NORD portal and e-shop users.

(2) For binding orders by registered users the “General Service Conditions of Nord Gear Limited” shall additionally apply. They can be accessed, saved and printed under ( https://www.nord.com/media/documents/forms/termsofbusiness_unitedkingdom_en_1.pdf) at any time.

(3) Any use of the NORD portal and the e-shop is subject to these terms of use. We reserve the right to change these terms of use at any time and without obligation to give reasons.

By using the NORD portal and the e-shop, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use the NORD portal or the e-shop..

(4) Our NORD portal and e-shop have been created for the use of people residing in the United Kingdom. We do not represent that content available on or through the NORD portal and the e-shop is appropriate for use or available in other locations.

(5) Use of the NORD portal and the e-shop is also subject to our privacy policy ( https://www.nord.com/en/global/privacy-policy.jsp ).

§3 Rights of the registered user, e-shop content and availability

(1) Registered users are granted a simple, non-exclusive and non-transferable licence for using the NORD portal and the e-shop in the course of their occupational activities.

(2) We are entitled to modify, supplement, restrict and delete all areas of the NORD portal and the e-shop or parts of it, or to discontinue publication temporarily or permanently at our own discretion.

(3) The NORD portal and the e-shop can only be used within the current state of technology. Technical faults within the power supply or transmission system, hardware or software errors, capacity constraints as well as safety or service interruptions may affect the scope of usage. For this reason, we do not guarantee that the NORD portal and the e-shop will always be usable in its entirety.

(4) Likewise, we cannot guarantee the complete absence of computer viruses in the NORD portal and the e-shop. For their own protection and in order to protect the NORD portal and the e-shop, each user is obliged to take their own proper safety precautions before downloading any material.

§4 Products, conclusion of contract

(1) The display and configuration options of our products in the NORD portal, and their display and availability in the e-shop do not imply a binding offer on our part. It should rather be considered as an invitation to treat. The offered support functions are product-related – in the NORD portal these are the tooltips that can be called in the configurator, and in the e-shop these are the suitable spare parts for the respective NORD drive. They are no substitute for individual consulting about the suitability in individual cases or the usage intended by the user. In this respect, the registered user is called upon to also contact one of our responsible employees.

(2a) The following shall also apply for the NORD portal: Registered users may use the “Configure” or “Configuration” button to create an offer request. By further clicking the “Create new configuration” button, they may add products to this offer request, optionally using the configurator. A completed offer request is saved in a project list. Offer requests created this way remain non-binding and do not represent an offer by the customer.

Before submitting a binding order, the content including the customer data is summarised on an overview page. The registered user may adjust selected order data via the designated change fields. By clicking the “Send” button, the registered and activated user submits a binding offer to us.

(2b) The following shall also apply for the e-shop: After product selection by entering the serial number, browsing the catalogue and/or using the drive ID, the registered user can click the “Add to list” button to save the selected products in a favourite list or click the “Add to cart” button to add them to the shopping cart. In the catalogue or in the cart, the registered user can also find information on availability or the non-binding delivery date of the respective product. The registered user may change, empty, download and upload the cart content at any time. He can also download the content as a PDF file and print it.

Only the registered user can submit a binding offer. The registered user may trigger the order process by clicking the “Complete purchase” button. After the registered user has selected the billing and shipping address, preferred payment type as well as the shipping type, all data is summarised in an order overview where subsequent changes can be made via the designated change fields. After confirming these terms of use and the privacy policy, the registered user submits a binding order for contract conclusion to us by clicking the “Order now” or “Pay now” button.

If the credit card payment type is selected, the registered user is then forwarded to the embedded payment page of our financial service provider Novalnet AG to trigger the credit card payment there.

(3) After submitting the order, the registered user receives an automatically generated e-mail that confirms the receipt of the order and includes the order details (confirmation of receipt). This confirmation of receipt does not represent an acceptance of contract on our part. A contract is only concluded, after our option, by sending an order confirmation or the ordered products within 30 days.

(4) Registered users can save and/or print the content of their order directly after submission, and use the “Order overview” function to display it at a later point in time.

§5 Obligations of the registered user

(1) The registered user warrants that all information he stated upon ordering or activation (e.g. name, address, e-mail address, bank details, etc.) are true. Changes must be reported to us immediately.

(2) The registered user will ensure that third parties do not gain access to information, software, documentations and user data provided for registration. He may not divulge information, software, documentations and the provided user data either against or without payment to third parties. He has no authorisation to change, reverse, translate or partially remove the software or its documentation.

(3) If the registered user becomes aware of misuse of the access authorisations assigned to him he shall be obligated to inform us of this immediately in written form. In case of misuse of the access authorisations assigned to the registered user, we are entitled to immediately block the NORD portal and e-shop access for the registered user. The registered user shall be liable for any misuse of the access data for which he is responsible.

§6 Copyright and other property rights

The content (especially the information, software, documentations, texts, images, graphics, audio, video and animation files as well as other files and databases), the design and the structure of our NORD portal and of our e-shop are protected by copyright. We explicitly reserve all intellectual property rights. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. This is also valid for our brands and trademarks, name plates and company logos. Besides the explicitly granted rights in these terms of use, the provision of the content does not grant any further rights to the registered user, especially on copyrights, company names and on commercial property rights such as patents, designs or brands.

§7 Liability for contents, links

(1) Nothing in these terms or a contract will limit or exclude our liability for:

i. Death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors (as applicable);

ii. Fraud or fraudulent misrepresentation;

iii. Breach of these terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or

iv. Any matter in respect of which it would be unlawful for us to exclude or restrict liability.

(2) Subject to clause 7(1), we shall not be liable to you, whether in contract, tort including negligence)), breach of statutory duty, or otherwise, for any loss of profit or indirect or consequential loss arising under or in connection with these terms or a contract (including any such losses that may result from our deliberate personal repudiatory breach of these terms or contract); and our total liability to you in respect of all other losses arising under or in connection with these terms or a contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, including losses caused by our deliberate personal repudiatory breach, will not exceed the price of the Services (as defined in our General Service Conditions). Any claim made under these terms or a contract shall be limited to the price paid for the Services.

(3) If the Goods (as defined in our General Service Conditions) are damaged by us, we shall have the option of repairing these at our expense, providing new Goods or providing a replacement at our discretion.

(4) All claims by you, for whatever reason, are subject to the statutory periods of limitation from the date that the action giving rise to a claim occurred.

(5) We have carefully compiled the content displayed in this NORD portal and in the e-shop and take all reasonable care to update this content. However, we make no representations, warranties or guarantees, whether express or implied for correctness, up-to-dateness, completeness and current availability or in regard to the drive IDs. All information is product-related. It is no substitute for individual consulting about the suitability of the respective product or the usage intended by the registered user. In this respect, the user should also contact one of our responsible employees. We will provide binding information, consultations, recommendations or declarations only in the context of individual communication.

(6) Where content in our NORD portal and in our e-shop is provided by third parties, we assume no liability for material and legal deficiencies. In particular, we shall assume no liability for correctness, accuracy, freedom from third-party intellectual property rights and copyrights, completeness and/or usability of this content. This exclusion of liability will not be applicable in the case of intent or fraud on our part.

(7) Our offer also contains links to third-party websites. We have no influence on their contents. The respective provider of the linked pages is always responsible for the content of these pages.

§8 Export control

Depending on the use or end-use, the provision of certain contents may be subject to authorisation or prohibited on the basis of relevant export control regulations of the European Union, member states of the European Union and/or the USA. Access and/or disclosure of the contents provided in our e-shop is only allowed if the registered user ensures compliance with these relevant export regulations. In case of violations, we are entitled to immediately block the e-shop access.

§9 General conditions, place of fulfilment, place of jurisdiction, applicable law

(1) There are no side agreements to the above-mentioned terms of use. Modifications and amendments are to be given in written form. The same applies to modifications of this written form clause.

(2) If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement. If any provision or part-provision of this agreement is deemed deleted under this clause, the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

(3) These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.