General Terms of Use

General Terms of Use – Exquisa.de

Version: January 1, 2015

1. Provider & Scope

1.1 The website accessible via the domain www.exquisa.de (hereinafter the "Website"), and the services offered via that Website are provided by:

Karwendel-Werke Huber GmbH & Co. KG
Karwendelstrasse 6-16
86807 Buchloe, Germany

Phone: +49 (0)8241 - 502 - 0
Fax: +49 (0)8241 - 502 - 559
Email: info@exquisa.com

Commercial Register No.: HRB 5538, Registry Court Kempten

Management: Dr. Wilfried Huber (Managing Director), Klaus Ensslen (Management Spokesman), Stefan Kugelmann (General Manager), Ernest Schäffer (General Manager)

General Partner: Huber-Beteiligungs-GmbH

1.2 Karwendel-Werke Huber GmbH & Co. KG (hereinafter "Karwendel”),
provides the services offered to the user of the Website (hereinafter the "User") exclusively on the basis of the General Terms of Use (hereinafter "T&C"). Competitions and sweepstakes are subject to additional conditions of participation. These conditions of participation shall take precedence over the T&C in case of contradiction.

1.3 By visiting this Website, the User agrees to our T&C. If the User does not agree to the T&C provided, he will be required to cease his use of the Website immediately. Karwendel reserves the right to amend these T&C at any time. The use of this Website is subject to the T&C in effect at the time of use.

2. Website Content

2.1 This Website and its content are protected by copyright, trademark, and/or other protection rights, and are subject to copyright law and other protective legislation (hereinafter "Property Rights"). Karwendel is the legal owner and/or rights holder of all rights to the Website and its content and offers.

2.2 The User is not permitted to download, copy, or otherwise disseminate any content from the Website, unless the act is specifically permitted on the Website or within these T&C.

2.3 Changes or modifications to the Website or its content are not permitted.

3. Use of Databases

3.1 Any archives and databases (hereinafter "Databases") generally accessible to the User on this Website (e.g. recipe databases are protected by copyright.Provided that these T&C are complied with, the User is assigned a non-exclusive, non-transferable, and non-sublicenseableright to access and use of the Database for private, non-commercial purposes. This usage right is limited to the permission to visualise the content of the Database for private, non-commercial use on a monitor, and to store the content on storage media and/or create a printout of the content. Any other use, and specifically any commercial use is strictly prohibited.

3.2 The accessibility of the Databases may be impeded due to technical reasons, e.g. faults based on errors in the data transmission network, force majeure, or necessary maintenance and service tasks.

4. Reporting of Rights Violations

Should a User be of the opinion that any content of the Website is in breach of legal requirements, he is encouraged to report the violation to Karwendel via email to info@exquisa.com. Similarly, third party rights holder, who feel that their rights are violated by User content, specifically in comments published on the Website, are encouraged to contact Karwendel via email to info@exquisa.com <mailto:info@exquisa.com>, stating the following information:

  • A description of the rights violated in the opinion of the rights holder;
  • The content which the rights holder holds to be an infringement of his rights;
  • The postal address, phone number and/or email address, via which Karwendel may contact the rights holder;
  • A declaration of the rights holder to the effect that he presumes in good faith and to the best of his knowledge that the content in question was not released for use by the rights holder.

5. Restricted Retailer Portal

5.1 Karwendel also offer a restricted retailer portal for wholesalers and retailers of Exquisa products subject to the conditions stated under section 5, where additional services are provided (hereinafter the "Retailer Portal"), specifically image material for Exquisa products and marketing information and material (hereinafter "Material").

5.2 A registration with password is required to gain access to the Material. The User is obliged to provide truthful information in the mandatory and elective fields during the registration process. Any applicable changes to information provided are the responsibility of the User. The User must be an adult in the sense of Section 2 BGB (Federal Civil Code) at the time of registration.

5.3 When the User registers for the Retailer Portal on the Website, he shall transmit his registration details to Karwendel and therewith submit the request for an offer to agree to a usage contract. Karwendel reserves the right to carry out a background check of the User, and to refuse the provision of a usage contract without stating a reason.

5.4 Where Karwendel agrees to register the User, Karwendel shall grant him access to the Retailer Portal and shall notify the User via the email address provided that he has been granted access to the Retailer Portal. With this action, Karwendel offers the User a usage contract on the basis of the T&C.

5.5 By logging in to the Retailer Portal, a usage contract between Karwendel and the User based on the T&C shall become effective.

5.6 With the confirmation of the usage contract, the User is assigned free, non-exclusive, non-transferable and non-sublicenseable usage rights for the Material in their original, unedited form for the sole purpose of marketing activities and the sale of Exquisa products. These usage rights specifically includes the right to utilise the Material for publication, reproduction and dissemination, and public access. The User is not permitted to edit the Material, unless the intended changes were specifically permitted by Karwendel in writing. Any other use of the Material requires the prior permission of Karwendel in written form.

5.7 Any general conditions of business or other conditions of the User other than those provided in the Karwendel T&C shall not become part of the contractual agreement, and shall therefore have no legal effect on Karwendel.

5.8 The User is obliged to keep confidential all access data and passwords required for accessing the Retailer Portal, and to notify Karwendel immediately in writing, should the access information and/or passwords of the User become known to any third party. The User is solely responsible for all activities of a third party using his access data and/or passwords where the User can be held liable for damages.

5.9 Should the User voluntarily make available the access data and/or passwords to a third party, then Karwendel shall be entitled to terminate the contractual relationship with immediate effect, delete the registration of the User and exclude the User from any further use of the Retail Portal.

5.10 Karwendel and the User are each entitled to terminate the usage contract with a legal termination period of one week without having to state any reason. Once the contract has ended the User must immediately desist from using the Material for any purpose.

6. Ratings & Comments

6.1 The User may rate and/or comment on specific services provided on the Website.

6.2 The provision of a comment requires the input of the first and last name of the User, his email address, and a freely definable user name, under which the comment will be published in the relevant comment form. The User will then receive an email containing an activation link for the comment. The comment will only be published under the user name provided, once the User has activated that link. The User must be an adult in the sense of Section 2 BGB (Federal Civil Code) at the time of registration.

6.3 By activating the link, the User grants Karwendel the free, non-exclusive, and geographically and temporally unlimited right to publish the comment on the Website, and to reproduce, disseminate, make publicly accessible, and where necessary edit the comment for that purpose.

6.4 The User is obliged to provide truthful information when filling out the contact form, and to verify that the comment provided by him is not in breach of any legislation, contrary to common decency, or in violation of any third party rights (specifically but not limited to laws on copyrights, personality rights, names, marks and trademarks, and privacy). Specifically, the User is obliged to refrain from authoring comments that

  • contain pornographic, violence glorifying, hatred inciting, or adult content,
  • incite criminal acts or present instructions for their implementation,
  • reference any political agenda,
  • insult, slander, harass, or cause damage to other Users, or represent aggressive or otherwise provocative behaviour,
  • can be construed in any other way as illegal, obscene, vulgar, as a disturbance for the privacy of others, slanderous or improper, or which contain false statements or abusive criticism.

6.5 Karwendel reserves the right (but does not assume liability to act without having been notified of a legal breach) to review and possibly remove comments. Karwendel is entitled specifically to delete the comment, but not exclusively in response to a notification of a legal breach in accordance with Section 4.

6.6 The User shall indemnify Karwendel of any third-party claims in response to the infringement of their rights, specifically but not limited to copyright, trademark, competition, personality, or other Property Rights on the basis of the comment authored by the User. This stipulation shall not be applicable where the User is not at fault in terms of the infringement of third party rights.

6.7 The same shall apply to any demands against Karwendel by authorities, prosecution authorities or other public offices on the basis of any comments authored and published by the User on this Website in breach of these T&C.

6.8 The User is furthermore obliged to reimburse Karwendel for any necessary expenses incurred by Karwendel due to legal action rightfully taken against Karwendel by third parties in response to the infringement of their rights on the basis of the comments authored by the User. This includes specifically but is not limited to the necessary costs incurred for appropriate legal representation. The User shall not be liable for costs incurred where the User is not at fault in terms of the infringement of third party rights.

6.9 Where Karwendel is held responsible for any infringement of third party rights on the basis of the comments authored by the User, then the User shall support Karwendel to his best ability in their defence against the claims asserted by the third-party. This shall include but not be limited to the provision of copies of all relevant documentation in the possession of the User pertaining to the alleged rights infringement contained in the comments authored by the User to Karwendel in response to a written request to that effect. Any consequential costs shall initially be the responsibility of Karwendel.

7. Liability

7.1 Karwendel shall be liable without limitation to the User for damages resulting from intentional or grossly negligent infringements of contractual obligations by Karwendel, and for injuries to life, limb, and health.

7.2 Karwendel shall accept liability for the simple infringement of obligations, the compliance of which forms the basis for a correct implementation of the contract, and the compliance of which the User can generally and reasonably expect (essential contractual obligations) with Karwendel's liability limited to foreseeable and typical damages. Beyond the above stipulation, liability for simple negligence is excluded. Karwendel's liability in accordance with the Federal Product Liability Act shall not be affected by the above limitation.

7.3 The defence of contributory negligence on the part of the User shall remain open to Karwendel. The above liability limitations shall also apply to breaches of duty of the legal representatives or agents of Karwendel. Where on the basis of the above stipulations a liability on the part of Karwendel is excluded, the same shall apply to the personal liability of employees or agents of Karwendel.

8. Privacy

The handling of personal data of the User is detailed in the Karwendel Privacy Statement. Where the service provisions by Karwendel for the User requires the permission of the User in compliance with the Privacy Act, the User shall be given the opportunity to provide a relevant permission.

9. Other Provisions

9.1 These T&C and all legal relations between the User and Karwendel shall be governed by the legal framework of the Federal Republic of Germany.

9.2 Should individual stipulations of these T&C be or become invalid or incomplete, the validity of the remaining stipulations of these T&C shall remain unaffected.

9.3 Where the User is a merchant in the sense of the German Commercial Code (HGB), then Munich shall be – to the extent permitted by section 40 ZPO (German Code of Civil Procedure) – the sole court of jurisdiction for any disputes arising between Karwendel and the User in conjunction with the use of the Website.