This Term of Use was last updated on 1 November 2015.
If you do not wish to be bound by this Agreement, you may not access or use the services of the website and We may modify this Agreement at any time, and such modification shall be effective immediately upon posting of the modified Agreement.
You agree to review this Agreement periodically to ensure that you are aware of any modifications. Your continued access or use of the services of the website shall be deemed your conclusive acceptance of the modified Agreement.
2. OWNER RIGHTS, COPYRIGHT & TRADEMARK
The website and the product labels of the items portrayed, in whole and in part, including the registration of the domain name hoffeldt.com, hoffeldt.net and hoffeldt.dk are owned by Christian Hoffeldt, Email: [email protected], Denmark.
A company duly registered and incorporated according to the laws of Denmark or used in accordance with a licensing agreement with the respective owners of particular product components including trademarks. The term “web site”, for purposes herein, includes but is not limited to, words and character arrangements, images, logos, trademarks, compositions, articles, descriptions, commentary, layout and arrangement, including both visible and non-visible components, in whole or any portion thereof.
The web site is copyright protected by the Company and/or the respective component owners. Likewise, trademarks are registered and protected from infringement. Any unauthorized use of the web site (as defined above) or infringement on trademarks herein, including any form of copying, reproduction, modification or distribution by any means is strictly prohibited unless authorized in writing by a duly authorized representative of the Company.
3. GOOD FAITH
Statements or information provided herein constitute “mere opinion” and not representation of fact. The web site strives to bring you the most up to date materials, information and products available in good faith.
4. DISCLAIMER AND LIQUIDATED DAMAGES
Use of the web site, samples or purchase of products constitutes express and/or implied agreement that:
The Company, its’ shareholders, owners, directors, officers, associates, suppliers, employees, advertisers, successors and assigns are not liable for any damages arising from the use of the web site or any products offered or purchased on this site or elsewhere. This comprehensive and global disclaimer and limitation upon liability includes, but is not limited to all damages of any kind (including direct, indirect, incidental, punitive, consequential and/or collateral) and applies to customers or any third parties and flows with the product, sample, information or service. This same disclaimer and limitation of liability specifically applies to any product liability claim and the user of the web site or any products purchased from the Company or its resellers or successive distributors. Any claims by a user of the web site or purchaser of products, or recipients of samples here from or thru the Company directly or indirectly, are hereby waived.
The web site user and/or product user hereby assumes the risk of use of any Company product or the web site.
Any purchaser or user of the Company’s products, samples or services agrees that the applicable forum and governing law for any causes of action described herein shall be the law of Denmark. The user of this web site or any user of a Company product agrees that irrespective of the above, the maximum damages of any type whatsoever shall be the lesser of the purchase price of the product or service or maximum 250 DKK.
If any portion or disclaimer herein and limitation of liability is deemed void, inapplicable or unenforceable, that portion will be deemed severed, and the remaining portion of the disclaimer and limitations on liability will continue in full force and effect.
No warranties, express or implied, are made by the Company, its officers, directors, owners, employees, agents, successors or assigns, nor is such offered with respect to any of the products, services or samples offered herein or elsewhere.
All products are offered on an as is basis. All warranties are disclaimed to the maximum extent permitted by law including but not limited to implied warranties of any type. Specifically disclaimed are implied warranties of fitness for a particular purpose or merchantability.
You agree to indemnify, defend and hold harmless the Company, its owners, officers, directors, employees, agents, representatives, information providers and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of this agreement or any related activity (including infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Company using your service account.
7. WAIVER OF PROVISION OR RIGHTS
Our/The Company’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. The Company may assign its rights and duties under this Agreement to any party at any time without notice to you.
8. REFERRING LINKS
Links to other web sites are for your convenience and you use such links at your own risk. We/The Company has not tested or verified any information, products, services or security features on such links.
We/The Company, its’ shareholders, owners, directors, officers, associates, suppliers, employees, advertisers, successors and assigns are not liable for any damages arising from the use of any links on the web site.
9. APPEARANCE OF ACTUAL CONTAINERS
While the web site attempts to provide current images reflecting containers and appearance actual containers may vary from images portrayed. Note that various sizes may also dictate packaging parameters.