1. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE
2. Welcome. We are delighted to welcome you to www.nltuinwinkel.com (the “Site”). Please understand that this Site is offered to you, the user, conditioned upon your acceptance of the terms and conditions set forth in this agreement (the “Agreement”). YOUR USE OF THE SITE IS GOVERNED BY AN AGREEMENT TO ARBITRATE DISPUTES AND TO WAIVE CLASS CLAIMS.
By using this Site, you are accepting this Agreement in its entirety. If you do not agree to these terms and conditions of use, please do not use this Site. From time to time, when you use particular Elho Winkel services or buy products on this Site, you will come upon additional guidelines, rules, and policies applicable to such services or products which may be posted from time to time. All such guidelines, rules, and policies are hereby incorporated by reference and will apply to your use of this Site to the fullest extent permissible by applicable law. We ask you to take the time to read this Agreement carefully. The terms and conditions of this Agreement may be amended from time to time by Elho Winkel by posting such change at the Site. Use by you after a change to these terms and conditions has been so posted by Elho Winkel shall constitute acceptance by you of such changed terms. If you do not wish to accept such changes, please do not use this Site. The terms of the Site may be revised at any time and from time to time by updating the Site. You should visit this page from time to time to review the then current terms and conditions. Certain provisions of these terms and conditions may be superseded by legal notices or terms located on particular pages of the Site. To the fullest extent permissible by applicable law, you agree to submit all disputes concerning this Agreement, your use of the Site, and any products or services you purchase through the web site to confidential, binding individual arbitration.
3. Use Limitations and Intellectual Property Rights. Elho Winkel prepared this Site for your personal and non- commercial use. Please do not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from information or material on this Site, except as follows: You may download and make one copy of the content and other downloadable items displayed on this Site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. Copying or storing of any content for other than personal, noncommercial use is not permitted to the fullest extent permissible by applicable law.
To the fullest extent permissible by applicable law, you are not allowed to use or reproduce any such trademarks or trade names as they may constitute an infringement of the holders’ rights. All Site design, texts, documents, movies and other services and the selection and arrangement thereof, and all other material on this Site are protected by copyright of ebags, Elho Winkel or its suppliers. To the fullest extent permissible by applicable law, you are only allowed to electronically copy and print portions of the Site to the extent this is necessary for the purpose of placing an order, or for using the Site as a shopping resource. To the fullest extent permissible by applicable law, you are not allowed to make any other use of the information and materials on the Site, including reproduction for the purposes other than those noted above, modification, distribution, or (re)publication. Should you wish to use materials and information from this Site, you need to obtain Samsonite’s prior written consent To the fullest extent permissible by applicable law, and except as expressly provided herein, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary or industrial right of Elho Winkel.
4. Territory. This Site is for the use of individuals located in the United States (the “Territory”). We are sorry, but orders or requests for information or services from outside this Territory will not be filled.
5. Notices. Elho Winkel and/or its affiliates own(s) the compilation copyright to this Site. Ebags® is a registered trademark.
6. Liability Disclaimer. The information and other material published on this Site may be incomplete and may include inaccuracies or typographical errors. Changes are periodically made to the information contained herein. To the maximum extent permissible under applicable law, Elho Winkel reserves the right to change the Site.. Elho Winkel does not warrant that the functions contained in the Site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components. To the fullest extent permissible by applicable law, Elho Winkel and its subsidiaries and affiliates shall not be liable for the use of the Site, including, without limitation, the content and any errors contained therein.
7. Limited Warranties for products purchased through the on-line ordering features are set out in the Customer Service section on this Site.
8. EXCEPT FOR THE FOREGOING LIMITED WARRANTIES, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Elho Winkel MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE INFORMATION, SOFTWARE, MATERIALS, PRODUCTS OR SERVICES CONTAINED OR DISCUSSED ON THIS SITE FOR ANY PURPOSE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. ALL SUCH INFORMATION, SOFTWARE, MATERIALS, PRODUCTS OR SERVICES ARE PROVIDED “AS IS” TO THE FULLEST EXTENT PERMISSIBLE BY LAW WITHOUT WARRANTY OF ANY KIND AND ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, Elho Winkel SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, MATERIALS, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE OR THROUGH HYPERTEXT LINKS TO THIRD PARTY SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED WEB SITE, EVEN IF Elho Winkel AND/OR ITS AFFILIATES OR SUBSIDIARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM Elho Winkel’S NEGLIGENCE OR GROSS NEGLIGENCE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Elho Winkel’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. Elho Winkel DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Elho Winkel RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. Elho Winkel DOES NOT AND CANNOT REVIEW ALL MATERIALS, IF ANY, POSTED TO THE SITE BY USERS, AND Elho Winkel IS NOT RESPONSIBLE FOR ANY SUCH MATERIALS POSTED BY USERS. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Elho Winkel RESERVES THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION AS NECESSARY TO SATISFY ANY LAW, REGULATION OR GOVERNMENT REQUEST, OR TO EDIT, REFUSE TO POST OR TO REMOVE ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, THAT IN Elho Winkel’S SOLE DISCRETION ARE OBJECTIONABLE OR IN VIOLATION OF THIS AGREEMENT. ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THE SITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THIS SITE OR THE MATERIAL THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW. NEITHER Elho Winkel NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS SITE MAY BE OUT OF DATE, AND NEITHER Elho Winkel NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR VOLUNTARILY ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES.
9. No unlawful or prohibited use. Please note that we require of you, as a condition of your use of this Site, that you will not use this Site or post any information or material on this Site, for any purpose or in any manner that is unlawful, violates any third party’s rights, or is prohibited by these terms, conditions and notices. You understand that Elho Winkel may suspend or terminate your access to its site in its discretion if you violate this provision or any other provision of these terms and conditions and may also delete all or any portion of any material you post to the fullest extent permissible by applicable law.
10. Links to third party sites. This Site may contain links to sites operated by third parties. Such links are provided for your reference and convenience only. Elho Winkel is not responsible for the content, products, services, statements or privacy policies in, offered, made or asserted in such sites to the fullest extent permissible by applicable law. The mere inclusion of such links within this Site does not constitute any endorsement of the material on such Sites or any association with their operators. To the fullest extent permissible by applicable law, Elho Winkel reserves the right to de-link from any and all third party sites at any time. Third parties wishing to link to this Site should do so only to the Site’s home page. No use of Elho Winkel’s trademark may be made in connection with such link without Elho Winkel’s approval and, to the fullest extent permissible by applicable law, Elho Winkel reserves the right to bar such link at any time.
11. This Site is not for children under thirteen years of age.
12. On-line ordering of services and goods. Elho Winkel may from time to time offer you the opportunity to purchase certain services and products through the Site. Such purchases are subject to certain terms and conditions, which appear when you elect to purchase such goods and services, in addition to those set forth otherwise in these terms and conditions. Elho Winkel will not ship products or provide services to those located outside of the Territory, in jurisdictions that do not permit the application of these terms and conditions or to locations in which the shipment or provision of such products or services would be prohibited.
13. Monitoring. In order to better serve you, Elho Winkel may monitor your use of this Site, subject to the terms of Elho Winkel’s privacy policy, referenced below. In the event Elho Winkel becomes aware of any material on the Site, whether provided by you or otherwise, that is potentially infringing, defamatory, a violation of law or a person or entity’s rights, or otherwise problematic in Elho Winkel’s discretion, Elho Winkel may remove such material without any liability to you whatsoever.
14. Use of information and suggestions provided by you regarding this Site. In the event you provide to Elho Winkel or post any material, information, suggestions or comments on or through the Site about the Site, the way in which Elho Winkel conducts its business, or the operation of the Site, to the fullest extent permissible by applicable law, Elho Winkel reserves the right to use such material, information, suggestions or comments in its discretion, with no compensation or credit to you. To the fullest extent permissible by applicable law, you hereby grant to Elho Winkel a nonexclusive, perpetual, worldwide, royalty free license to utilize and publish such information and material, in whole or in part. However, use by Elho Winkel of information by which you may be identified (such as your name, address, social security number and telephone number), will be governed by Elho Winkel’s Privacy Policy, and discussed below.
15. Use of your suggestions to Elho Winkel regarding new products, features or processes. Elho Winkel, as a company that is always in the process of developing new products, product features, and processes, has an established invention submission policy. Most of the suggestions and ideas regarding new products, product features and processes Elho Winkel receives from the public duplicate ideas Elho Winkel has already developed or is in the process of developing. To avoid undue disappointment and misunderstandings, Elho Winkel has a strict policy of not accepting suggestions and ideas regarding potential products, product features or processes from persons outside the company for review and consideration unless such persons agree to certain terms. Therefore, do not send any submissions to Elho Winkel unless you agree to the following terms, to the fullest extent permissible by applicable law:
1. A submission will not in any way establish a confidential relationship nor will it place Elho Winkel in the position of receiving a submission in trust; and Elho Winkel shall not be obligated and makes no commitment to treat or maintain as confidential such submissions.
2.Elho Winkel shall have the right to retain any material submitted to it, to make copies thereof and to retain the same in its files.
3. No obligation is assumed by Elho Winkel or may be implied by the receipt or examination of the submission unless or until a formal written agreement signed by Elho Winkel and by you, and then Elho Winkel’s obligations shall be only as expressed in that written agreement.
16. Changes in Site. Please be aware, that, like all Internet sites, this Site is a work in progress. Therefore, Elho Winkel may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database or content. Elho Winkel may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability