Nutzungsbedingungen

MeRLIN Sourcing B.V. registered office in Stationsplein 8K NL-6221BT, Maastricht, Netherlands, registered in the trade register at the Dutch Chamber of Commerce under number: 75921693

By accessing and using the Site, you agree to these Terms of Use.

MeRLIN Sourcing B.V. reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by these Terms of Use as modified. The last date these Terms of Use were revised is set forth below.

1. Permitted Use of the Site

MeRLIN Sourcing B.V. reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by these Terms of Use as modified. The last date these Terms of Use were revised is set forth below.

2. Prohibited Use of the Site

By accessing the Site, you agree that you will not:

  • Use the Site in violation of these Terms of Use
  • Modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so
  • Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Service in any way
  • Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to the MeRLIN Sourcing B.V. servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser
  • Mirror or frame the Site or any part of it on any other web site or web page
  • Attempt to gain unauthorized access to the Site
  • Access the Site by any means other than through the interface that is provided by MeRLIN Sourcing B.V. for use in accessing the Site
  • Use the Site for any purpose or in any manner that is unlawful or prohibited by this Agreement

These Terms of Use conditions prevail at all times over any terms and conditions of the Client. The applicability of the Terms of Use, or other general conditions or other types of conditions of the Client is explicitly rejected by MeRLIN Sourcing B.V. If MeRLIN Sourcing B.V. does not always demand strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that the MeRLIN Sourcing B.V. would in any way lose the right to demand strict compliance with the provisions of these conditions in other cases. Any unauthorized use of any Content or the Site may violate patent, copyright, trademark, and other laws.

3. Copyrights and Trademarks

The Site is based upon proprietary MeRLIN Sourcing B.V. technology and includes the Content. The Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Site, including all intellectual property rights in the Site, belongs to and is the property of MeRLIN Sourcing B.V. or its licensors (if any). MeRLIN Sourcing B.V. owns and retains all copyrights in the Content. Except as specifically permitted on the Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. MeRLIN Sourcing B.V., the MeRLIN Sourcing logo, MeRLIN Sourcing B.V.’s Product logos, and other marks used by MeRLIN Sourcing B.V. from time to time are trademarks and the property of MeRLIN Sourcing B.V. The appearance, layout, color scheme, and design of the reintechs.com site are protected trade address. Customer does not receive any right or license to use the foregoing. MeRLIN Sourcing B.V. may use and incorporate into the Site or the MeRLIN Sourcing B.V. Products any suggestions or other feedback you provide, without payment or condition.

4. Information and Materials You post or Provide

You represent that you have all right, title, and interest to materials you post on the Site or provide to MeRLIN Sourcing B.V. (“Materials”), including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the Materials, and that posting such Materials does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted Materials is true, and your own work or work you are authorized to submit, and that the posted Materials do not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the Materials you supply do not violate these Terms of Use.

5. Links to Third-Party Web Sites

Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by MeRLIN Sourcing B.V. of the third party, the third-party web site, or the information there. MeRLIN Sourcing B.V. is not responsible for the availability of any such web sites. MeRLIN Sourcing B.V. is not responsible or liable for any such web sites or the content thereon. If you use the links to the web sites of MeRLIN Sourcing B.V. affiliates or service providers, you will leave the Site and will be subject to the terms of use and privacy policy applicable to those web sites.

6. Downloading Files

MeRLIN Sourcing B.V. cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

7. Disclaimers; Limitations of Liability

MeRLIN Sourcing B.V. and its service providers, licensors and suppliers make no representations about the suitability, reliability, availability, timeliness, security or accuracy of the site or the content for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, service and related graphics are provided “as is” without warranty or condition of any kind. MeRLIN Sourcing B.V. and its service providers, licensors and suppliers hereby disclaim all warranties and conditions of any kind with regard to the site and the content, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. No statement or information, whether oral or written, obtained from MeRLIN Sourcing B.V. in any means or fashion shall create any warranty not expressly and explicitly set forth in this agreement. The content may include inaccuracies or typographical errors.

To the maximum extent permitted by applicable law, in no event shall MeRLIN Sourcing B.V. and its service providers, licensors or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential, exemplary or other type of damages, including without limitation damages for cover or loss of use, data, revenue or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site, or for any content, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability, the failure of any limited remedy to achieve its essential purpose, or otherwise, even if MeRLIN Sourcing B.V. or any of MeRLIN Sourcing B.V.’s suppliers has been advised of the possibility of damages. 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. If, notwithstanding the other terms of this agreement, MeRLIN Sourcing B.V. is determined to have any liability to you or any third party for any loss, harm or damage, you agree that the aggregate liability of MeRLIN Sourcing B.V. and its officers, directors, managers, employees, affiliates, agents, contractors, service providers, licensors or suppliers shall in all cases be limited to One Hundred Euros. To the maximum extent permitted by applicable law, in no event shall MeRLIN Sourcing B.V. and its service providers, licensors or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential, exemplary or other type of damages, including without limitation damages for cover or loss of use, data, revenue or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site, or for any content, or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability, the failure of any limited remedy to achieve its essential purpose, or otherwise, even if MeRLIN Sourcing B.V. or any of MeRLIN Sourcing B.V.’s suppliers has been advised of the possibility of damages. 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. If, notwithstanding the other terms of this agreement, MeRLIN Sourcing B.V. is determined to have any liability to you or any third party for any loss, harm or damage, you agree that the aggregate liability of MeRLIN Sourcing B.V. and its officers, directors, managers, employees, affiliates, agents, contractors, service providers, licensors or suppliers shall in all cases be limited to One Hundred Euros.

8. Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless MeRLIN Sourcing B.V., its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of these Terms of Use.

9. Privacy

Your use of the Site is subject to MeRLIN Sourcing B.V.’s Privacy Policy, available at www.merlinsourcing.com

10. Payment

  • Payment of the invoice amount by the Client must be made within 14 days of the invoice date, in euros, by means of a deposit in favor of a bank account to be designated by MeRLIN Sourcing B.V. and, insofar as the payment relates to the use of the product, without any entitlement to a discount or deduction. 
  • If the Client has not paid within the period referred to in paragraph 1 or within the further agreed period, it is legally in default and MeRLIN Sourcing B.V., without any further summons or notice of default being required, shall be entitled to charge the Client the statutory (trade) interest over the invoiced amount from the due date, until the day of full payment, all this without prejudice to the further rights of MeRLIN Sourcing B.V.
  • All costs incurred as a result of judicial or extrajudicial collection of the claim are at the expense of the Client, also insofar as these costs exceed the legal costs for the proceedings. The extrajudicial costs amount to at least 15% of the unpaid amount with an absolute minimum of € 250,-.
  • If the financial position or the payment behavior of the Client in the opinion of MeRLIN Sourcing B.V. gives reason to do so, MeRLIN Sourcing B.V. is entitled to require the Client to provide this (additional) security in a form to be determined by MeRLIN Sourcing B.V. If the Client fails to provide the required security, MeRLIN Sourcing B.V. is entitled, without prejudice to their other rights, to immediately suspend the further execution of the Agreement and all that which the Client owes to MeRLIN Sourcing B.V. on whatever basis is immediately due and payable. 
  • In the event of a joint Order, or if Activities or Products have been performed or have been delivered performed for (legal) persons that are affiliated with the Client, the Clients or the affiliated (legal) persons are jointly and severally liable for the payment of the invoice amount, as well as any interest and costs due. 
  • At the request of MeRLIN Sourcing B.V., the Client will provide all necessary cooperation to enable electronic invoicing. 

10. General Provisions

Your use of the Site is subject to MeRLIN Sourcing B.V.’s Privacy Policy, available at www.merlinsourcing.com

  • Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by MeRLIN Sourcing B.V. of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
  • Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. MeRLIN Sourcing B.V. therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. MeRLIN Sourcing B.V. does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
  • Enforcement/ Choice of Law/ Choice of Forum. If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Use, MeRLIN Sourcing B.V.’s Privacy Policy, your use of the Site, any other MeRLIN Sourcing B.V. web site or the Content are governed by, and will be interpreted in accordance with, Indian laws, without regard to any conflict of law’s provisions. You agree to the sole and exclusive jurisdiction of the Netherlands (Dutch law) and venue of the courts in Maastricht, The Netherlands in the event of any dispute of any kind arising from or relating to these Terms of Use, MeRLIN Sourcing B.V.’s Privacy Policy, your use of the Site, any other MeRLIN Sourcing B.V. web site or the Content.

Last Revised: January 4th, 2021

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