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These Allgemeine Geschäftsbedingungen (“Agreement”) set forth the general Allgemeine Geschäftsbedingungen of your use of the k-mayer.com website (“Website” or “Service”) and any of its related products and Dienste (collectively, “Dienstleistungen”). This Agreement is legally binding between you (“User”, “you” or “you’re”) and K MAYER LTD (doing business as “KMayer”, “we”, “us” or “our”). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “you’re” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Dienstleistungen. By accessing and using the Website and Dienstleistungen, you acknowledge that you have read, understood und agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and KMayer, even though it is electronic and is not physically signed by you und it governs your use of the Website and Dienstleistungen.
We do not own any data, information, or material (collectively, “Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness und intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content on the Website submitted or created using our Dienstleistungen. You grant us permission to access, copy, distribute, store, transmit, reformat, display und perform the Content of your user account solely as required for the purpose of providing the Dienstleistungen to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish, or distribute the Content created by you or stored in your user account for commercial, marketing, or any similar purpose.
You shall pay all fees or charges to your account by the fees, charges und billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Dienstleistungen you have subscribed for, your payment information will be securely saved and you will be charged automatically by the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification und possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or order. These restrictions may include orders placed by or under the same customer account, the same credit card und/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies, or omissions und to change or update information or cancel orders if any information on the Website or Dienstleistungen is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Dienstleistungen has been modified or updated.
If you decide to enable, access, or use third-party Dienste, be advised that your access and use of such other Dienste are governed solely by the Allgemeine Geschäftsbedingungen of such other Dienste und we do not endorse, are not responsible or liable for und make no representations as to any aspect of such other Dienste, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other Dienste. You irrevocably waive any claim against KMayer with respect to such other Dienste. KMayer is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access, or use of any such other Dienste, or your reliance on the privacy practices, data security processes, or other policies of such other Dienste. You may be required to register for or log into such other Dienste on their respective platforms. By enabling any other Dienste, you are expressly permitting KMayer to disclose your data as necessary to facilitate the use or enablement of such other Dienste.
We offer a Service uptime guarantee of 99% of available time per month. The service uptime guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you or your activities; (3) outages that do not affect core Service functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.
We perform regular backups of the Website and its Content and will do our best to ensure the completeness and accuracy of these backups. In the event of a hardware failure or data loss, we will restore backups automatically to minimize the impact and downtime.
During your use of the Website and Dienstleistungen, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or Dienste through the Website and Dienstleistungen. Any such activity und any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation, or responsibility for any such correspondence, purchase, or promotion between you and any such third party.
Although the Website and Dienstleistungen may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating und we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, Dienste und content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource that you access through a link on the Website. Your linking to any other off-site resources is at your own risk.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Dienstleistungen or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Dienstleistungen, third party products and Dienste, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Dienstleistungen, third party products and Dienste, or the Internet. We reserve the right to terminate your use of the Website and Dienstleistungen for violating any of the prohibited uses.
“Geistiges Eigentum Rights” means all present and future rights conferred by statute, common law, or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill und the right to sue for passing off, rights to inventions, rights to use und all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by KMayer or third parties und all rights, titles und interests in and to such property will remain (as between the parties) solely with KMayer. All trademarks, service marks, graphics und logos used in connection with the Website and Dienstleistungen, are trademarks or registered trademarks of KMayer or its licensors. Other trademarks, service marks, graphics und logos used in connection with the Website and Dienstleistungen may be the trademarks of other third parties. Your use of the Website and Dienstleistungen grants you no right or license to reproduce or otherwise use any of KMayer or third-party trademarks.
You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Website and Dienstleistungen is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose und non-infringement. We make no warranty that the Dienstleistungen will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or Dienste purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
To the fullest extent permitted by applicable law, in no event will KMayer, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of KMayer and its affiliates, officers, employees, agents, suppliers und licensors relating to the Dienste will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to KMayer for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or failure of its essential purpose.
You agree to indemnify and hold KMayer and its affiliates, directors, officers, employees, agents, suppliers und licensors harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Dienstleistungen or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid, or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof und all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation und performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Bulgaria without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Bulgaria. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Bulgaria und you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You may not assign, resell, sub-license, or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
We reserve the right to modify this Agreement or its terms related to the Website and Dienstleistungen at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Dienstleistungen after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
You acknowledge that you have read this Agreement and agree to all its Allgemeine Geschäftsbedingungen. By accessing and using the Website and Dienstleistungen you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Dienstleistungen.
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:
Bulgaria, Sofia, European Trade Centre 1784
We will attempt to resolve complaints and disputes and make every reasonable effort to honor your wish to exercise your rights as quickly as possible and, in any event, within the timescales provided by applicable data protection laws.
Dieses Dokument wurde zuletzt am 1. Januar 2025 aktualisiert
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