This website is made available to you by NOVOFERM GmbH, Schüttensteiner Straße 26, 46419 Isselburg (henceforth NOVOFERM). Your access to this website and its use are subject to the following conditions of use. By accessing and using our website you state your consent to the conditions of use. If you do not consent to the conditions of use you must not access this website or use the content and services it contains.
Section 1 Amendments to the conditions of use
The conditions of use of the website may be amended at any time by NOVOFERM. Therefore you should check the conditions regularly. Any further use of the website after publication of the amendments applies as your consent to use with the amended conditions.
Section 2 Use rights
All information, documents and images published in our website are the property of NOVOFERM or are subject to exclusive use rights. Use for commercial purposes is not permitted.
b) Documents provided for download
If we provide brochures, technical documents, conditions of use and terms and conditions of business, etc. for you to download, use is permitted within the context of the specified purpose of use and expressly approved provided that you do not change the images and texts or other data material without our prior consent.
c) Private and training purposes
For private and training purposes you will receive a non-exclusive usage right with the obligation that a copyright notice appears on all copies and the use of the content is only for personal purposes or for training purposes. Use identified in this way is permitted as long as the information, documentation and images are not changed and images are only used together with the associated text.
d) No use entitlement
Entitlement to use the website and its contents does not exist. NOVOFERM reserves the right at all times to undertake amendments or updates or to restrict or refuse access to the website in full or in part.
Section 3 Trademark rights and copyright
All the trademarks displayed on the website are the property of NOVOFERM or are subject to third-party rights. Use of these trademarks without the prior consent of the rights owner is forbidden.
Texts, images, films and photographs are subject to the right of the respective copyright holder and to an exclusive usage right of NOVOFERM. Any use exceeding the preceding authorisation is forbidden and can represent an infringement of the Copyright Act.
In our “Configurator” service you are granted the possibility of changing the images (example images) with the editing functions of the editing program. Image data in unchanged and changed form may be saved and/or published for private planning purposes. Potential third-party rights (photographer, property owner, user of the property displayed) are unaffected by our permission.
Section 4 Patents and other commercial protective rights
The depicted and described products may be subject to patent legislation protection or other commercial protective rights (utility models and industrial designs) of NOVOFERM or third-parties. In the image, description or granting of the preceding usage rights there is no licence for the use of the depicted or described intellectual property.
Section 5 Data privacy
Section 6 Registration
Registration is required for the use of certain functions of this website. Registration is free-of-charge. You must select a unique user name or a pseudonym and a unique password and submit your current email address. If the confirmation of the registration with your submitted email address fails you cannot be authorised for the relevant service. NOVOFERM reserves the right to forbid a login with obscene or prohibited pseudonyms and to delete a registration set up accordingly.
Section 7 Password protection
You are responsible for maintaining the secrecy of your password, in particular for all activities performed under your password which could be ascribed to culpable conduct by you. As soon as you become aware of suspicious facts which point to a third-party use of your registration or to an unauthorised third-party gaining knowledge of your password, you are under the obligation to change the access data of the registration and inform us immediately.
Section 8 Third-party websites/links
NOVOFERM's website also contains links or references to third-party websites. NOVOFERM assumes no responsibility for the availability or content of such websites or any liability for damages or infringements that arise from the use of such content. Establishing a connection to a linked website is at the user’s own risk. NOVOFERM is not responsible for the privacy, content, links, amendments or updates of external websites.
Section 9 Upload and publication conditions
If the opportunity has been granted to publish user content on NOVOFERM’s website, prior consent to our upload and publication conditions is required. NOVOFERM reserves the right to delete content that infringes these conditions.
The user may only upload and edit image files in the “*img” and “*jpeg” data formats. The data must be uploaded undamaged and without any potentially damaging code for NOVOFERM or third-parties. It is forbidden to use material protected by copyright without the consent of the copyright holder. It is forbidden to upload image data with forbidden or immoral content. If a third-party requests exclusive use of image data (panorama protected rights of third-parties), any upload and processing is only permitted with the consent of the authorised user.
Misuse of the upload function is forbidden. The user is liable for all damages arising from any illegal use. The user indemnifies NOVOFERM from all claims, asserted by other users of the configurator, addressees of internal forwarding functions (e.g., dealers) or other third-parties against NOVOFERM due to infringements of their rights. In this regard the user is also under the obligation to reimburse all costs that arise from the legal defence. This does not apply if the user is not responsible for the legal defence.
Section 10 Limitation of liability
(1) All the content of NOVOFERM’s website is provided for information and promotional purposes. Unless legally prescribed as mandatory, advertising statements and product descriptions on this website have no direct influence on the contractual conditions that the user concludes with NOVOFERM. In particular the advertising statements and product descriptions do not represent quality guarantees in a legal sense.
(2) We endeavour to publish and update the content published on the website appropriately, in full and in compliance with statutory provisions. Nevertheless, we cannot exclude the content on the website becoming out-of-date due to the passage of time.
(3) Therefore, we exclude all liability or guarantee for the content of this website in relation to its accuracy, completeness and topicality. Please contact us for binding statements.
(4) The constant availability of the items displayed cannot be guaranteed. NOVOFERM reserves the right to remove items, temporarily or permanently, from the range and to replace them with other products.
(5) NOVOFERM is in no circumstances be liable for expenses, costs or damages which arise through, or in connection with, the access or use of this website or the impossibility of its use.
(6) The preceding limitations and exclusions of liability do not apply in the event of the mandatory liability of NOVOFERM, in particular in the event of product liability in accordance with the Product Liability Act, in the event of liability for intent or gross negligence and for cases of injury to life, body or health.
Section 11 Configurator and postcode search
These services are intended for end-consumers with an interest in NOVOFERM products. No contract is initiated with NOVOFERM GmbH through the use of these services. The user is given the opportunity to request further product information and other specific cost estimates or offers via the locally designated NOVOFERM sales partner.
Section 12 Choice of law and place of jurisdiction, international users
The content and offers on this website from our German sites is targeted at German and English speaking users. The conditions of use are based on German law. The place of jurisdiction is the headquarters of Novoferm GmbH in D, 46419 Isselburg (judicial district of Bocholt).
Section 13 Extranet and b2b online shop (for commercial users only)
The products depicted and the services provided in the extranet and in the b2b online shop of Novoferm GmbH only apply to registered commercial users within the territory of the Federal Republic of Germany. Access is via registration via the pages of www.novoferm-händler.de or www.novoferm-handwerker.de. We will be pleased to provide you with contacts at our international sites of NOVOFERM (companies in the Sanwa Shutter Group). You can call up more information via the website www.novoferm.com.
Our registered users can also use our extranet to obtain direct links to our new trading platform “NOVOSALES”. This is available under the domain www.novosales.novoferm.com as a legally independent service offered in the specified Legal Notice of NOVOFERM GmbH. The conditions of use published there that you accept upon registration apply here exclusively.
The following additional conditions also apply to the use of the services and offers of the extranet and the b2b online shop of the website www.novoferm.de. The use of the ordering option via the online shop assumes a pre-existing login and registration and the acceptance of these conditions by the customer. We reserve the right to request the business registration of companies not registered in the Commercial Register.
Additional conditions of use for the extranet and the b2b online shop of Novoferm GmbH
Section 14 Preliminary remarks
The extranet and the integrated b2b online shop, designated as follows as “extranet” represents a technical platform. The purpose of the extranet is the provision of specific information for the various registered user groups. It is subdivided into portals for the three specific user groups of dealers, architects / building designers and tradesmen / installers. The extranet is only used in the b2b sector. Use of the extranet by consumers is not permitted. The information made available in the extranet is designed to make it easier for registered users to make contact with Novoferm and to provide aids and materials for the sale of Novoferm products. However, with their registration architects / building designers receive access to www.novoferm-architekten.de but are not able to order directly in the b2b online shop.
The following conditions govern the provision and utilisation of the further information and services made available in the extranet of Novoferm GmbH (Novoferm) by the user and subsequently govern the resulting contractual conditions between Novoferm and the user.
Section 15 Login
(1) The extranet provides you with information and services of all types from Novoferm. Use of the extranet requires a login. There is no entitlement for a login and use authorisation for the Novoferm extranet. Login is only permitted for legal entities and is unrestricted for legally competent natural persons.
(2) Login takes the form of a free-of-charge registration in accordance with Section 6 of the conditions of use. Hereby the user accepts these conditions of use as well as the separate data privacy provisions.
(3) The data requested by Novoferm upon registration are to be input in full and accurately, for instance, first name and family name, the exact address (no postbox), a valid email address and the company. The login of a legal entity many only be performed by a natural person with authorised representation, and this person must be specified by name. If there should be a change to the data submitted after login, then the user is under the obligation to correct the details with Novoferm immediately.
(4) On first login the user selects a user name and password in accordance with Section 7 of the conditions of use. Access to Novoferm's extranet is not transferable without the prior written consent of Novoferm.
Section 16 Purpose and scope of the use agreement
(1) An entitlement to use the extranet and its functions exists only within the current state-of-the-art. Temporary restrictions may arise due to technical disruptions such as interruptions in the power supply, hardware and software faults, etc. Novoferm reserves the right to restrict services temporarily if this is required due to capacity, server security and for the performance of technical measures. Novoferm assumes no guarantee for the availability of the extranet and its accessibility by the user.
(2) In order to carry out work on the system, maintenance periods are scheduled during which specific functions may not be available or only to a limited extent. These maintenance works are required to preserve the security and integrity of the servers and to avoid serious disruptions to the software or a loss of saved data.
(3) Novoferm reserves the right to remove, terminate, expand or restrict individual content items, information, data, functions, etc of the extranet at any time. Novoferm is authorised to perform updates at its discretion. The user has no entitlement to the performance of an amendment or an update.
Section 17 Use of the extranet only by registered users
(1) The user commits not to set any direct hyperlinks known as “deep links” or similar which present a direct link to the extranet.
(2) The user commits not to set up any frames on other websites which include the content of the website or link to it.
(3) Access to the extranet and its use may only be performed via manual, individual and independently executed search and download activities. Data and information from the extranet must only be displayed in electronic form to the specific user, and not systematically to a larger number of other users or third-parties, e.g. by copying data or information in internet discussion forums or similar.
(4) The price lists made available in the extranet must not be forwarded to third-parties.
Section 18 Blocking access, amendment and termination of the use agreement.
(1) Novoferm may block the user if there are specific indications that this user has infringed these conditions of use or applicable law in their use of the extranet.
(2) Novoferm can then block the user in particular if he/she gave false details at the time of login, infringes third-party rights in connection with use of the extranet, or misuses the services of Novoferm or in the case of other serious grounds.
(3) Once the block has been enacted, the user is no longer entitled to use the extranet. Login with the user data is no longer possible. A blocked access cannot be reinstated. There is not entitlement to reinstatement. Reference is made to limitation of liability. This also applies accordingly in the event of a termination.
(4) Novoferm reserves the right to amend these conditions of use at any time without stating a reason. The amended conditions of use are sent to the user in text form at least two weeks before they come into force. If the user does not object to the scope of the amended conditions of use within two weeks after receipt of the relevant notification, the modified conditions of use are deemed accepted. Novoferm will separately advise the user in the notification which contains the amended conditions of use of the significance of this two-week period. If the user objects to the amendment, then the effects of a block shall be put in place from the time the amended conditions of use come into force (see Section 5).
(5) The user may terminate the use agreement at any time. Written termination is to be notified to Novoferm GmbH, Schüttensteiner Straße 26, 46419 Isselburg.
(6) Novoferm can terminate the use agreement at any time, without having to state the grounds, in text form and with a notice period of 14 days at the end of the month. The right to block remains unaffected by this.
Section 19 Indemnity, limitation of liability
(1) The user indemnifies Novoferm from all claims which other users of the extranet or other third-parties assert against Novoferm due to infringement of their rights, in particular due to the use of the extranet (example: sending of spam). In this regard the user is also under the obligation to reimburse all costs that arise from the legal defence. This does not apply if the user is not responsible for the legal defence.
(2) Novoferm is only liable to the registered user for damages arising from the use agreement relationship, if and to the extent that Novoferm, its legal representatives or management employees are charged with intent or gross negligence. For other vicarious agents Novoferm is only liable in the event of intent and to the extent that these infringe substantial contractual obligations intentionally or with gross negligence. Apart from in the event of intent or gross negligence by statutory representatives, management employees or in the event of intentional conduct of other vicarious agents of Novoferm, there is no liability for the reimbursement of indirect damage, in particular for lost profit. Apart from in the event of intent or gross negligence by Novoferm, its statutory representatives, management employees, liability is limited to typical foreseeable loss or damage upon conclusion of the contract.
(3) The aforementioned liability exclusions and limitations do not apply in the case of the assumption of express guarantees by Novoferm and for damages arising from injury to life, body or health and in the case of mandatory statutory regulations.
(4) Novoferm is excluded from all damages arising from an unauthorised or defective use of a password and/or login name. Section 7 of the conditions of use governs the liability of the user.
Section 20 Technical notices
Faults may occur in the digitalisation of data. Through the use of different internet browsers and contingent on individual software settings, there may be deviations in the way content is represented. For this reason Novoferm assumes no liability for disruptions, interruptions, transfer faults or any other downtime of the extranet.
Section 21 Use of the order option in the online shop
(1) The pages of the online shop present you with a range of merchandise, from which products can be selected, reserved in a shopping cart and sent to Novoferm as an order. The range of merchandise includes products from the product range of the Novoferm company group. The information provided along with the respective products is only used for product description purposes. A statement on the specific quality or a suitability for a specific intended use cannot be extrapolated from this information. The details do not absolve you from making your own assessments and checks. Our employees will be pleased to help you if you require binding statements. Please only place your order when all your questions have been answered.
(2) The contractual partner for your orders is Novoferm Vertriebs GmbH, Schüttensteiner Straße 26, 46419 Isselburg-Werth.
(3) The merchandise presented in the online shop is only a non-binding opportunity for us to enable you to order to goods on offer.
(4) By despatching the order you make a binding declaration as defined by a quotation from Novoferm that you want to purchase the contents of the shopping cart. Please note that in the order form you must confirm your consent to the General Conditions of Purchase of Novoferm Vertriebs GmbH by clicking on the field designated for this purpose. Otherwise it is not possible to place an order in the Novoferm online shop. If deviating or additional conditions should apply to the online order you will be informed accordingly during the order process. The agreed conditions are reproduced on the order form. Before it is sent, the order can be checked, amended and printed out by pressing the button “Check order data”.
(5) The order is accepted by means of a written order confirmation from Novoferm Vertriebs GmbH or by delivery of the goods. The automatically generated acknowledgement of receipt of the order does not represent an acceptance of the quotation, but solely documents that the order has been received by Novoferm and is being processed. The acknowledgement of receipt of the order by Novoferm can be printed out by the customer.
(6) If the goods are not available on the delivery date requested by the customer, the estimated non-binding delivery date is stated in the order confirmation from Novoferm Vertriebs GmbH.
(7) Novoferm is free not to accept online orders. This decision is at the discretion of Novoferm. If Novoferm is not going to execute an online order, Novoferm will notify you of this immediately.
(8) Delivery is only possible within Germany. For export orders we will inform you of the next steps on request.
(9) The contractual text is saved by Novoferm after the contract has been concluded. Registered customers can view and print out their orders for a period of 6 months after the conclusion of the contract under the section “My Transactions”.