WEBSITE TERMS AND CONDITIONS
These terms and conditions (“Terms”) govern our provision of, and your access and use of, www.zweibrueckenfashionoutlet.com (the “Website”) in addition to all applicable laws and regulations.
Please read these Terms carefully before using the Website. By using the Website, you signify your agreement to be bound by these Terms. If you do not agree to these Terms, please do not use the Website.
The Website is operated and provided to you by VIA Outlet Germany Management Services GmbH, Paul-Gerhardt-Allee 50, 81245 München, a private company with limited liability, having its registered office at Paul-Gerhardt-Allee 50, 81245 München, registered under number HRB 228132. References in these Terms to “VIA Outlets”, “we”, “us” or “our” are to this entity.
These Terms are subject to change from time to time. Please read these Terms carefully.
These Terms do not affect your statutory rights.
VIA Outlets and/or associated companies offer a number of benefits through the Website. For example, we operate a VIP Programme and Fashion Club and from time to time may advertise and run competitions on the Website. Additional terms and conditions will apply to such benefits. We will direct you to the additional terms and conditions at the time that you interact with us in relation to the relevant benefits. Please read the applicable terms and conditions carefully. By accepting a benefit (for example, by joining the VIP Programme or Fashion Club or entering a competition), you signify your agreement to be bound by the additional terms and conditions applicable to that benefit.
If there is a conflict between these Terms and the terms that apply to a benefit offered through the Website, the terms that apply to that benefit shall take precedence to the extent of such conflict.
All intellectual property rights and associated rights, including copyrights, trade mark rights, patent rights, design rights, trade name rights, database rights, and neighbouring rights, as well as rights to know-how (“Intellectual Property Rights”), related to the Website and all text, user interfaces, visual interfaces, graphics, illustrations, photographs, trademarks, logos, computer code and other related material (together, “Content”), including but not limited to the design, arrangement, structure, selection, coordination, expression and “look and feel” of the Content, contained on the Website are owned, controlled or licenced by or to VIA Outlets. All such rights are reserved.
Nothing in the Terms constitutes the transfer of any Intellectual Property Rights from us to you. If you comply in full with these Terms, VIA Outlets grants you a limited, personal, revocable, non-exclusive, non-sublicensable and non-transferable right to access and use the Website, for personal use only.
Whilst VIA Outlets aims to ensure that the Website, its Content, any features or benefits offered through the Website and any information contained on it, are error-free, uninterrupted and free from bugs and viruses, due to the nature of the internet, we cannot guarantee this.
We are under no obligation to update any information contained on the Website. We are entitled to modify, edit, suspend, discontinue or terminate (temporarily or permanently), the Website (or any portion or portions of it), its Content, any features or benefits offered through the Website and/or any information contained on it (or any portion or portions of those) with or without notice, for business or operational reasons. Your ability to access and use the Website may also be restricted from time to time to allow for repairs, maintenance or the introduction of new Content, features or benefits. We will attempt to limit the frequency and duration of any such restriction.
Access to or use of the Website (including its Content, any features or benefits offered through it or any information contained on it) may be prohibited by law in certain countries or jurisdictions. We make no guarantee that the Website (including its Content, any features or benefits offered through it or any information contained on it) is appropriate or available for use in locations outside Germany. If you choose to access the Website from outside Germany, you do so on your own initiative and are responsible for compliance with all applicable laws and regulations of the country from which you are accessing or using the Website.
The Website and its Content are provided on an “as-is” and “as-available” basis and, to the extent permitted by applicable laws and regulations, made without any representations, warranties or guarantees of any kind.
Each and every access and use of the Website is made at your own risk and responsibility. You should use your own virus protection software.
You must not:
a. use the Website or its Content in a way that is contrary to its purpose;
b. except as expressly permitted in these Terms, copy, reproduce, republish, duplicate, re-transmit, sell, distribute or otherwise exploit any part of the Website or its Content for any commercial purpose without obtaining our prior consent;
c. make derivative use of the Website or its Contents;
d. download or copy information on the Website for the benefit of another business;
e. knowingly introduce to the Website or otherwise use the Website with a device that contains, viruses, Trojan horses, worms, bots or other malicious software or technologically harmful material that can alter, damage, disable, infect or delete the Website or make it unavailable or inaccessible;
f. attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
g. make a collection of any product listings, descriptions or prices; or use data mining, robots or similar data gathering and extracting tools;
h. decompile the Website or its Content or apply reverse engineering to it;
i. test, interfere with, remove or circumvent security measures or technical limitations (including limitations to the use) of the Website, or of any computer systems, servers or networks connected to the Website;
j. gain or attempt to gain unauthorised access to the Website or any part of it, or any computer systems, servers or networks connected to the Website, or to any benefits offered through the Website, by hacking or other illegal or illegitimate means;
k. infringe any third party’s Intellectual Property Rights or other rights related to the Website;
l. use the Website or its Content for any purpose that is illegal or prohibited by these Terms, or solicit the performance of any illegal activities or other activities which infringes the rights or commercial interests of VIA Outlets or others;
m. in using the Website, knowingly provides us with false or misleading information; and/or
n. interfere with any other person’s access to, use or enjoyment of, the Website.
We reserve the right to suspend or prevent your access to the Website (or any portion or portions of it) if we believe that you are accessing or using the Website in any way that is in breach of these Terms. If you print off, copy or download any part of the Website in breach of these Terms, you must, at our option, return or destroy any copies of the materials you have made.
Nothing in the Website constitutes an offer to buy or sell products and/or services in any jurisdiction since the Website is provided for information purposes only. All details, descriptions and prices of, and other information relating to, products and/or services appearing on the Website are of a general nature only. VIA Outlets does not guarantee that any product and/or service appearing on the Website is or will be available in stock at Zweibrücken Fashion Outlet at the time you wish to purchase any particular product and/or service.
We take reasonable care to ensure that all information is correct at the time when such information was uploaded to the Website, but it is subject to change and, to the extent permitted by applicable laws/regulations and the liability regulations of section 9, we make no representations, warranties or guarantees, whether express or implied, that the information on the Website is accurate, complete or up to date. We therefore advise you to check information concerning a retailer with them or information concerning our products and services with us.
The Website may contain links to other websites operated by unrelated companies and persons (“Third Party Website”). These links are provided for your information only.
The inclusion on the Website of any link to a Third Party Website does not mean that VIA Outlets accepts any responsibility for that Third Party Website, its content or use, or the use of any features, products and/or services made available through that Third Party Website. VIA Outlets has no control over such Third Parties Websites or any information or materials contained on them and has not investigated, monitored or checked any such Third Party Websites for accuracy, completeness or conformance with applicable laws and regulations. VIA Outlets is not responsible for any damages or injuries caused as a result of your use of, or reliance on, Third Party Websites or any information or materials contained on them. You access and use Third Party Websites at your own risk.
VIA Outlets has some arrangements with carefully selected companies, who may sell you products or services on Third Party Websites linked to the Website and bearing our branding or indicating an association with VIA Outlets, as in the case of gift cards or other similar promotions. When you link through to some of these Third Party Websites they may still be framed by the Website or have VIA Outlets’ branding. In such cases, please be aware that these products and services are sold by a third party. While VIA Outlets selects such third parties carefully, it is not responsible for the products and services, which they offer and sell. Therefore, you should check any terms and conditions of those Third Party Websites and of any products and services which they offer.
You may create a link to the homepage of the Website from another website or document without VIA Outlets’ prior consent provided you do so in a way that is legal and provided that such link shall not:
a. create a frame or any other browser or border environment around the content of the Website;
b. suggest or imply that VIA Outlets endorses, approves or is in any way associated with: (i) the website or document from which a link to the Website is created; or (ii) any features, products or services of, or available through, the website or document from which a link to the Website is created;
c. display any trade mark(s) used on the Website without VIA Outlets’ prior consent or the prior consent of the owner of such trade mark(s);
d. be placed on a website or in a document that contains content that is unlawful, threatening, libellous, defamatory, obscene, pornographic or profane or could constitute or encourage conduct that would be considered a criminal offence or breach of any laws or regulations; and/or
e. portray VIA Outlets, its associated or collaborating companies (including their products and/or services) in a false, misleading, derogatory, or otherwise offensive manner, or in a manner that may damage or take advantage of the reputation of VIA Outlets or its associated or collaborating companies (including their products and/or services).
You are solely responsible for the website or document on which you place a link to the Website and for any representations made or impressions created on that website or in that document concerning VIA Outlets, its associated or collaborating companies or the Website. You are also solely responsible for bringing these Terms to the attention of any person receiving access to the Website via your link. VIA Outlets reserves the right to require that any link or links you create from another website or document in breach of these Terms is removed.
Offers (including job offers) may be published on the website for and on behalf of the brands trading in our Centre. We take no responsibility nor provide any guarantee on the accuracy of the offers. For any questions please contact the brands directly (contact details are included in the relevant offer).
VIA Outlets shall be liable under this terms and conditions only in accordance with the provisions set out under a. to d.:
a. VIA Outlets retains full liability for damages caused by wilful conduct or gross negligence.
b. VIA Outlets shall not be liable for any damages caused by simple negligence except for a breach of its primary obligation, in which case the liability shall be limited to the amount which was foreseeable by VIA Outlets at the time the respective service was performed.
c. VIA Outlets is liable for losses arising from the lack of a warranted characteristic but limited to the amount which is covered by the purpose of the warranty and was foreseeable by VIA Outlets at the time the warranty was issued.
d. The restriction or limitation of Via Outlets liability under b) and c) applies likewise to its legal representatives, employees and other persons whom it uses to perform his obligations.
Nothing in these Terms excludes or limits our liability for: (i) death, personal injury or health damages caused by our negligence or wilful misconduct; (ii) fraudulent representations made by us; or (iii) any other liability that cannot be excluded or limited by applicable law such as the German Product Liability Act in the event of product liability.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you may have additional statutory rights.
You agree to indemnify, release and hold VIA Outlets and its associated companies harmless from any claim, liability, loss, expense or demand related to your breach of these Terms.
The Website is controlled and operated from our offices in Germany. These Terms and all matters arising out of or in connection with your access to and use of the Website and its Content (including all disputes) shall be governed by German law. You and we both agree that the German courts shall have non-exclusive jurisdiction to settle any disputes that may arise out of or in connection with these Terms, meaning that you may bring a claim to enforce your consumer protection rights in connection with these Terms in the courts of Germany or in the courts of the country in which you live.
These Terms contain the entire understanding between you and VIA Outlets with respect to the use of the Website. No representation, statement or inducement (whether oral or written) not contained in these Terms (as updated from time to time) shall be binding on either you or us.
If at any time any provision of these Terms is or becomes illegal, void or invalid for any reason whatsoever, such invalidity shall not affect the validity of the remainder of these Terms and such invalid provision shall be replaced by another provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.
We may transfer our rights and obligations arising from these Terms to a third party and we will notify you of this on the Website.
If you have any questions or complaints regarding these Terms or any other matter, you may contact VIA Outlets by writing to us at VIA Outlet Germany Management Services GmbH, Paul-Gerhardt-Allee 50, 81245 München, or by emailing us at Marketing.Zweibruecken@viaoutlets.com.