Added to your cart:

Terms of Use

Mahlkonig USA Website Terms of Use Agreement

Last modified: April 10, 2019

Mahlkonig USA (”Mahlkonig”, “we”, “our”, or “us”) has adopted this Mahlkonig USA Website Terms of Use Agreement (“Agreement”) to govern your use of www.mahlkonigusa.com and any of our other websites where this Agreement is posted (“Website”).

We reserve the right to change, modify, add, or remove portions of this Agreement at any time without prior notice to you. We will post notice of modifications to this Agreement on this page. Changes will become effective immediately but will not apply retroactively. We encourage you to review this Agreement whenever you use the Website. If you do not agree to the modified Agreement you should immediately discontinue your use of the Website.

YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THIS AGREEMENT. THIS IS A BINDING AGREEMENT BETWEEN MAHLKONIG AND YOU. DO NOT USE THE WEBSITE IF YOU DO NOT AGREE TO THIS AGREEMENT.

Privacy
We collect, store, and use personal information collected from you in accordance with our Privacy Notice, located at www.mahlkonigusa.com//pages/privacy-policy. The terms and conditions of the Privacy Notice are hereby expressly incorporated into this Agreement.

Accounts
Certain features of the Website require you to open an account. The registration form will require you to provide certain requested information (including personal information). At such time, you will be provided with an account and login information, including a username and password to successfully complete the registration process. You may not permit anyone else to use your account. You must immediately notify us if your registration information changes or you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your account. You also agree that you will provide truthful and accurate information during the registration process. We may refuse to grant you a particular username for any reason.

Intellectual Property
The Website and all of its materials, including, but not limited to, its software, HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, “Content”) are protected by copyright and trademark laws and other United States and international laws and is our property. We do not grant to you any rights, interest, or title in the Website or Content. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit the Website or any of the Content without our prior written permission. You may not access or use the Website for any competitive or commercial purpose. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of the Website or Content is prohibited.

Trademarks
We retain all rights regarding our trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Mahlkonig and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under this Agreement or by your use of the Website. Your misuse of the trademarks displayed on the Website is strictly prohibited. The Website may also contain references to other trademarks, trade names, brand names and/or trade dress from entities other than Mahlkonig. These trademarks, trade names, brand names and/or trade dress are the property of the respective owners and references to them do not suggest sponsorship or association with Mahlkonig.

Limited License
We grant to you a limited, non-exclusive, non-assignable, non-transferrable license to access and use the Website and Content for your own personal, non-commercial purposes, subject to your agreement to, compliance with, and satisfaction of this Agreement. We reserve all rights not otherwise expressly granted by this Agreement.

Prohibited Uses
You may not (1) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any portion of the Website or Content in any way; (2) copy, modify, adapt, alter, translate, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Website is based; (3) use the Website or Content to develop a competing website or product; (4) use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of the Website, servers, or networks connected to the Website or take any other action that interferes with any other person’s use of the Website; (5) decrypt, transfer, or “frame” or “mirror” the Website on any other server or wireless or Internet-based device; (6) circumvent or attempt to circumvent any electronic protection measures in place to regulate or control access to the Website; (7) use the Website or Content for unlawful purposes; (8) use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling Content or information on the Website; (9) access or attempt to access another person’s account; (10) use any Content in any manner that misappropriates any trade secret or infringes a party’s intellectual property rights; or (11) delete, modify, hack, or attempt to change or alter the Website or Content.
We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement in prosecuting users who violate this Agreement.

Purchases
You may be asked to supply certain information relevant to your transaction, including your credit card number, the expiration date of your credit card, your billing address, and your shipping information when you make a purchase through the Website. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. YOU UNDERSTAND AND AGREE THAT YOU ARE CHARGED AT THE TIME YOU PLACE YOUR ORDER FOR THE PRODUCTS. YOU FURTHER UNDERSTAND AND AGREE THAT THE TRANSACTION FOR THE PURCHASE OF PRODUCTS IS FINAL AND COMPLETE AT THE TIME YOU ARE CHARGED. You agree to pay all charges incurred by you through the Website, at the price in effect when such charges are incurred. You are solely responsible for any taxes applicable to your transaction.
We may refuse, cancel, delay, or modify, in whole or in part and in our sole discretion, any order you place on the Website. We will attempt to notify you by contacting you at the email address or phone number you provided with your order before we cancel, delay, or modify your order.
Contact us at support@mahlkonigusa.com to discuss return or exchange options for product orders. We will not accept a return or exchange if requested more than 30 days after the purchase. Products that have been used or that show any wear and tear will not be accepted for return or exchange.

Products
All features, specifications, products, and prices of the products described on the Website are subject to change at any time without notice. From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on the Website. We reserve the right to make changes in information about price, description, or availability without notice. If any information on the Website or your order is inaccurate, we reserve the right, without prior notice, to limit the order quantity on any product, refuse service, and/or cancel orders at any time without prior notice (including after you have submitted your order). The inclusion of any products on the Website does not imply or warrant that these products or services will be available over the internet at any particular time. Your placement of an order through the Website constitutes your offer to purchase the items selected by you. We may accept or reject your offer, and your offer is not accepted by us until we ship your order. We do not make any representations or provide any warranties for any product sold on the Website in this Agreement. Product warranties, if any, will be provided with the product upon its purchase.

Risk of Loss
All purchases of products from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Revisions
We may discontinue or alter any aspect of the Website, remove Content from the Website, restrict the time the Website is available, and restrict the amount of use permitted at our sole discretion and without prior notice or liability to you.

Feedback
We welcome your comments, feedback, information, or materials regarding the Website or any of our other products or services (collectively, “Feedback”). Your Feedback will become our property upon submission to us. By submitting your Feedback to us, you agree to assign, and hereby irrevocably assign to us, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. We will be free to use, copy, distribute, publish and modify your Feedback on an unrestricted basis, without compensation to you. Moreover, you hereby assign or waive, as the case may be, any moral rights that you may have in or to the Feedback.
You hereby make the following additional representations and warranties to us about your Feedback: (1) you are owner of such Feedback or otherwise have the right to grant to us the licenses or assignments granted pursuant to this Agreement; (2) you have secured any and all consents necessary to provide the Feedback and to grant the foregoing licenses or assignments; (3) the Feedback does not violate the rights of any third party and such Feedback does not contain any personally identifiable information about third parties in violation of such parties’ rights; (4) the use of any Feedback will not result in harm or personal injury to any third party; and (5) all factual information contained in the Feedback is true and accurate.

Disclaimers
WE PROVIDE THE WEBSITE AND ASSOCIATED SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE PRODUCT DESCRIPTIONS, PRICES, OR CONTENT ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND FOR THE WEBSITE, CONTENT, AND ANY SERVICES OR PRODUCTS SOLD OR OFFERED THROUGH OR ON THE WEBSITE, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR ACCESS TO, VIEWING OF, BROWSING, VISITING OR USE OF THE WEBSITE, USE OF OUR SERVICES, OR PURCHASE OF ANY PRODUCT SOLD OR OFFERED THROUGH OR ON THE WEBSITE IS AT YOUR SOLE RISK.

Liability
TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCE WILL WE BE RESPONSIBLE FOR LOST PROFITS, REVENUES, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID TO US. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Indemnification
You agree to defend, indemnify, and hold us and our officers, members, managers, employees, and agents from and against any and all claims, liabilities, damages, losses, demands, or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with your use of the Website, your breach or alleged breach of this Agreement, your unauthorized use of the Content, or your violation of any rights of any other person.

Termination
This Agreement is effective until either you or Mahlkonig terminates it. You can terminate this Agreement at any time by discontinuing your use of the Website. We may also terminate this Agreement at any time and for any reason without prior notice to you and accordingly, we may deny you access to the Website if we believe you fail to comply with any term or condition of this Agreement. Termination of this Agreement will not affect any right or relief to which we are entitled at law or in equity.

Links
The Website may include links to other websites on the Internet. These links are provided for your convenience only. We have no control over such websites and you acknowledge and agree that we are not responsible for the availability of such external websites and that we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites. We are not responsible for any privacy or other practices of the third parties operating those websites. You acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, in connection with or resulting from, your use of or reliance on any such content, goods, or services available on or through any such website. We strongly encourage you to review any separate terms of use and privacy notices governing those third party websites.

Sanctions and Export Policy
You may not use the Website or purchase any products from us if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Website. You must comply with all U.S. or other export and re-export restrictions that may apply to you.

Miscellaneous
This Agreement will be governed by and construed, interpreted, and enforced in accordance with the laws of the State of North Carolina, without reference to its conflicts or choice of law principles. You agree that the sole and exclusive jurisdiction and venue for any and all disputes arising under this Agreement will be in any court located in or having jurisdiction over Durham County, North Carolina. You irrevocably submit and consent to the personal jurisdiction of such courts.
These terms control the relationship between Mahlkonig and you. They do not create any third party beneficiary rights.

Our failure to enforce the provisions of this Agreement do not constitute a waiver of our right to enforce them.

If any term or provision of this Agreement will be held to be invalid, illegal, or unenforceable, the remaining terms and provisions of this Agreement will remain in full force and effect, and such invalid, illegal, or unenforceable term or provision will be deemed not to be part of this Agreement.

You agree and consent to receive electronically all communications, notices, and disclosures that we provide in connection with your use of the Website.

Contact Us
With questions, comments, or concerns, contact us at:
VIA E-MAIL:
support@mahlkonigusa.com

VIA MAIL:
Mahlkonig USA
4416 Bennett Memorial Rd, Suite 104
Durham, NC 27705