Conditions of use
for the internet portal "MyNORD" of NORD Aandrijvingen België N.V. and NORD Transmission Belgique SA
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Article 1. "myNORD" Internet Portal
(1) These Terms and Conditions of Use contain the terms and conditions under which you may use our internet portal, myNORD, at "https://www.nord.com" (The Internet Portal), either as a Guest or as a Registered User. Use is herein understood to entail visiting and using The Internet Portal, as well as registering as a Registered User. As a Registered User you can also post questions concerning the offers and/or orders.
(2) By making Use of The Internet Portal you consent to these Terms and Conditions of Use. If you do not wish to consent to the Terms and Conditions of Use you may not make use of The Internet Portal.
(3) Via The Internet Portal you can access further information on our products, configure them, alter the configuration, save it and print it. Registered Users can also request quotes and place orders.
(4) In order to become a Registered User of this site, you are required to provide the additional information that we request, which will ensure that your order is processed quickly and smoothly. This is why those pages that deal with order quotes or orders can only be accessed by Registered Users of The Internet Portal who have fulfilled the registration requirements as set out in article 4 of these Terms and Conditions of Use.
Article 2. Scope and subject of the Terms and Conditions of Use
(1) These Terms and Conditions of Use apply to all Users of The Internet Portal. For orders placed by Registered Users, the ‘General Terms and Conditions of Sale of NORD Aandrijvingen- Transmission België NV’ also apply, which can be consulted, saved and printed at any time through the website www.nord.com.
(2) The Use of The Internet Portal is only permitted on the grounds of these Terms and Conditions of Use. We reserve the right to amend these Terms and Conditions of Use at any time without being required to state the reasons therefor.
(3) The Internet Portal has been created for use in Belgium and pursuant to Belgian legislation. That is why we do not accept any liability for Use by users in other countries.
Article 3. Content and availability of The Internet Portal, products
(1) While we make a reasonable effort to amend the information (including prices) available on The Internet Portal from time to time, we provide no explicit or implicit guarantee that the content of The Internet Portal is accurate, complete and up to date. The content of The Internet Portal could become outdated at any time and can, without us being obliged to do so, be amended at any time. We moreover have the right to, at our discretion, limit, remove or temporarily or permanently stop the publication of (parts) of The Internet Portal.
(2) The Internet Portal can only be used within the context of the current state of the art. Disruptions to the power supply or the delivery network, hardware and software issues, capacity shortfalls and safety or maintenance-related interruptions could affect the scope of use. We do not guarantee that The Internet Portal can be accessed continuously in full, nor can we be held liable therefor.
(3) We also do not guarantee that The Internet Portal is virus-free. Every User is obliged, for his/her own protection and for the protection of The Internet Portal, to adopt suitable security measures when Using The Internet Portal and/or downloading materials. You are likewise obliged to ensure that all parties that have access to The Internet Portal through your internet connection are aware of these Terms and Conditions of Use (and of other applicable general terms and conditions) and that they comply therewith.
(4) The presentation and configuration options of our products on The Internet Portal do not constitute a binding offer to our customers. They are rather an invitation to the User to request a definitive quote. The tool tips (i.e. help options) that can be called up in the configurator pertain to the products. They do not replace advice on whether the product concerned is suitable for the use planned by the User. The User is asked to contact one of our specialist staff for that purpose.
Article 4. Registration, activation
(1) Some parts of The Internet Portal can only be accessed by Registered Users. Moreover, permission is required to access other parts of The Internet Portal, which means that those parts are only accessible for Users that we have approved.
(3) The User is not automatically entitled to be registered. We furthermore reserve the right to revoke Registration at any time. This could be the case, for example, if we determine that the User provided incomplete or inaccurate details required for Registration, violates the Terms and Conditions of Use or is no longer entitled to Use of The Internet Portal. On these grounds we reserve the right to verify the right of use every twelve months by sending a new confirmation email.
(4) The Registered User must keep his/her login details, in particular the password, confidential and not provide them to third parties. We reserve the right to block Registered Users and/or passwords if, in our view, these Terms and Conditions of Use are not complied with. If you believe that a third party has access to your login details and/or password, please inform us immediately by emailing firstname.lastname@example.org .
(5) Separate activation is required for that part of The Internet Portal that deals with prices, which is in any event provided by us separately on request. The corresponding provisions of articles 3 and 4 are applicable.
(6) The User Details required for activation are stored and can be transmitted, insofar as such is necessary to fulfil an order. The User hereby expressly consents to this data being transmitted.
Article 5. The rights of the User
(1) The Registered User receives one temporary, non-exclusive and non-transferable licence to use The Internet Portal within the context of his/her professional activities.
(2) The Registered User can compile a quote request by clicking on the “Configure” button and, by then clicking on the “New Item” button, add products to the quote request, where necessary with the assistance of the configurator. A completed quote request is saved in your shopping basket when you click on the “Save and compile quote” button. Quote requests compiled in this manner are not binding and in no sense result in any obligations on the part of any agreement.
(3) All prices stated on The Internet Portal are exclusive of VAT and shipping costs.
(4) A binding order can only be sent through the activated section. Your order, including your customer details, are listed on an overview page for the purposes of shipping. Registered and Activated Users have the final opportunity to correct specific order details using the fields provided. After the “Accept general terms and conditions of delivery” button is clicked, the Registered and Activated User enters into a binding offer to conclude a contract by clicking the “Order and payment obligation” button.
(5) After the order is placed the Registered and Activated User receives an automatically-generated email that confirms receipt of the order and states the details provided (confirmation of receipt). This confirmation of receipt is not a contract confirmation on the part of Nord. A contract confirmation only comes into being when an order confirmation is sent or the ordered products are delivered within 30 days, at the option of Nord.
(6) The text of the contract remains stored after the contract is concluded and can be accessed by the Registered and Activated User. The Registered and Activated User can also save the content of his/her order as soon as it is shipped and/or print it as well as view it at any time using the “Project overview” key.
Article 6. Obligations on the part of the User
(1) The Registered and Activated User ensures that the all details (such as the name, address, email address, bank account number, etc) that he/she provided when placing the order are accurate. Any changes thereto must be forthwith provided.
(2) The Registered User ensures that third parties do not have access to information, software, documentation or the user details made available for registration purposes. He/she is not entitled to transmit information, software, documentation or the user details made available for registration purposes to third parties, whether or not in exchange for money. Nor is he/she entitled to alter, redevelop or translate the software or documentation, or excise parts therefrom.
(3) You may not misuse The Internet Portal by deliberately introducing viruses, trojan horses, worms, logic bombs or anything else that is harmful or technologically damaging. You may not attempt to gain unauthorised access to The Internet Portal, the server upon which The Internet Portal is stored or any server, computer or database that is associated with The Internet Portal. You may not attack The Internet Portal by means of a denial-of-service attack or a distributed denial-of-service attack. By violating this provision you are perpetrating a criminal act. We shall report such violations to the relevant authorities and we shall cooperate with those authorities and, at their request, disclose your identity. In the event of such a violation, your right to access The Internet Portal is forthwith withdrawn.
(3) As soon as the User becomes aware of the misuse of the access rights granted to him/her, he/she is obliged to forthwith inform us thereof. In the event of misuse of the access rights granted to the User we have the right to immediately block access to The Internet Portal by the User. The User is liable for any misuse of the access details assigned to him/her.
Article 7. Copyright and other protection rights
The content (and in particular the information, software, documentation, texts, images, graphics, sound, video and animated files and other files and databanks), the design and the layout of The Internet Portal and the products displayed thereupon are protected by copyright. Copyright is expressly reserved. Reproduction, processing, publication and any form of reuse, in particular, require our written permission, unless such measures are permitted by law without the requirement of consent. The same applies to our brands and trademarks, our nameplates and labels and our company logos. With the exception of the rights expressly set out in these Terms and Conditions of Use, we do not grant the user any further rights of any nature whatsoever by making the content available to him/her, in particular to copyrights, company names and to commercial protection rights, such as patents, designs and brand names.
Article 8. Liability for content and links
(1) We are liable for the content of The Internet Portal, insofar as such is determined by the applicable laws and legislation.
(2) We have carefully compiled the contents of The Internet Portal and endeavour to continuously update them. Despite this, we are unable to guarantee the accuracy, up-to-dateness, completeness and continuous availability of the information. Binding information, advice, recommendations or explanations are only provided by means of individual communication.
(3) Insofar as we make the content of The Internet Portal available free of charge, we do not accept any liability for technical and legal shortcomings. In particular, we do not accept liability for the accuracy of this content or that it is error-free, free of copyrights and protection rights on the part of third parties or that it is complete and/or useable. This exclusion from liability does not apply in the event of wilful intent or deliberate negligence on our part.
(4) Our range also contains links to third-party websites, the content of which we have no influence over. With respect to the content of linked pages, only the provider of those pages is liable, and all liability on our part is excluded.
Article 9. Export controls
The dissemination of certain content can, depending on the purpose for use and the ultimate destination, be subject to consent or even wholly prohibited under corresponding export control regulations of the EU, the EU Member States and/or the US. For that reason, access to and/or publication of the content made available on The Internet Portal is only permissible if the user complies with all applicable export laws. In the event of the violation thereof, we reserve the right to block access to The Internet Portal.
Article 10. General provisions
(1) There are no supplementary agreements to the above provisions for Use. Amendments and additions must be performed in writing, which also applies to amending this written clause.
(2) If any provisions are or become wholly or partly invalid or inefficacious, that shall have no consequence with respect to the efficacy of the remaining provisions.
(3) Belgian law applies to these Terms and Conditions of Use. All disputes concerning the Use of the Website shall be brought before the competent judge of the courts of Antwerp.