General Conditions of Use for the Schaeffler E-Commerce Website
Any use of this web page (“Schaeffler Website”) offered by Schaeffler Danmark ApS ("Schaeffler") shall be subject exclusively to these Conditions insofar as not otherwise regulated in the conditions of the Schaeffler company in the respective country.
By using the Schaeffler Website, the user confirm that he accepts these Conditions of Use and that he agrees to comply with them.
If the user do not agree to these terms, he must not use the Schaeffler Website.
Schaeffler recommend that the user print a copy of these terms for future reference.
These Conditions of Use refer to the following additional terms, which also apply to the use of the Schaeffler Website:
If the user order goods from the Schaeffler Website, the Schaeffler General Conditions of Sale and Delivery, see link in the footer of the Schaeffler Website, will apply to the sales.
Users of the Schaeffler Website hereby undertake and represent that the use of the Schaeffler Website takes place in the exercising of its profession and that the User doesn’t use the Schaeffler Website as a consumer. Further the User undertakes and represent that he is authorized by the company named on the “Check out page” to place orders on behalf of and for the account of the named company.
These General Conditions of Use may be supplemented, modified or replaced in indi-vidual cases by further conditions, e.g. for the purchase or sale of products and/or ser-vices.
2. Contents of the Schaeffler Website
On its Website Schaeffler has placed non-binding information without any commitment as well as related documentation and software for calling up or downloading without any warranties as to completeness. Schaeffler may at any time in whole or in part block the Schaeffler Website or change the contents without any prior notice. Because of the ba-sis of the nature of the Internet and computer systems Schaeffler accepts no liability in relation to the uninterrupted availability of the Schaeffler Website.
3. Rights of Use
The use of the information, software and documentation available on the Schaeffler Website shall be subject to these Conditions or in the case of the updating of infor-mation, software and documentation shall be subject to the applicable licence conditions already agreed with Schaeffler. Specifically-agreed licence conditions shall prevail over these Conditions.
Schaeffler grants to the user a non-exclusive, non-transferable right to use the infor-mation, software and documentation available on the Schaeffler Website to the extent to which it is agreed or, in case there is no agreement on this point, in accordance with the availability and transfer from Schaeffler for the intended purpose.
Software is only available in a machine-readable form at no cost. No right shall exist to the release of any source code. An exception to this shall be source codes from open source software, the licence conditions of which have priorities over these Conditions in the transfer of open source software and which require the making available of the source code. In such cases Schaeffler shall make the source code available in return for the reimbursement of expenses.
Neither information, software nor documentation may be distributed, rented or in any other way made available by the user to third parties at any time. Insofar as no binding legal regulations require to the contrary, the user may not change, reverse develop or reverse translate the software or its documentation or remove any part therefrom. The user may make a backup copy of the software if such copy is necessary for future use as a backup on the basis of these Conditions of Use.
The information, software and documentation are protected by copyright laws as well as international copyright agreements as well as other laws and agreements related to in-tellectual property. The user shall observe such laws and in particular any alphanumeri-cal identification, marks or copyright notices shall not be removed from the information or the software or the documentation or from any copies thereof.
All regulations of the applicable Copyright Law shall not otherwise be affected hereby.
4. Intellectual Property
Notwithstanding the particular requirements in section 4 of these Conditions of Use any information, trademark names and other contents of the Schaeffler Website may not be changed, copied, reproduced, sold, rented, used, supplemented or used in any other way without the prior written permission of Schaeffler.
Except for the right of use and other rights expressly granted herein, the user shall be granted no further rights of any type whatsoever, in particular those to the company name or to industrial property rights, such as patents, utility models or trademarks, nor shall Schaeffler be subject to any corresponding duty to grant such rights.
5. Registration and Use of Protected Pages
Some pages of the Schaeffler Website are protected by way of a password. Access to these pages is only possible for registered users for reasons of transactional business security. No right shall exist to registration by Schaeffler. In particular Schaeffler re-serves the right to make Web pages previously freely accessible subject to registration. Schaeffler may at any time revoke a right of access by sealing the access data without providing any reasons therefore, in particular when the user
• has provided false details for registration,
• has breached the Conditions of Use or its duties of care in relation to the treat-ment of access data,
• has breached applicable law in accessing or using the Schaeffler Website or
• has not used the Schaeffler Website for a longer period.
In the event that registration is envisaged the user shall provide accurate and correct details and must advise immediately of any changes. The user shall therefore ensure that it receives any e-mails sent to it at the e-mail address provided.
After registration the user shall receive a user name and password (user data). At the time of first access the user shall change the password provided by Schaeffler into a password known only to the user. The user data allow the user to access its own data, to change such and, if necessary, to extend or revoke agreements to data processing.
The user shall ensure that the user data are not available to third parties and shall be liable for all orders and other activities taken under the user data. After each occasion of use the area protected by password shall be exited. Insofar as the user becomes aware that any third party is misusing user data, the user shall immediately notify Schaeffler of such in writing and, if applicable, in advance by way of simple e-mail. After receipt of such notification Schaeffler shall block the access to the area protected by password with these user data. The lifting of any blocking is only possible after a special applica-tion by the user to Schaeffler or after a further registration.
The user may at any time in writing demand the deletion of any registration insofar as the deletion is not prevented by the processing of current contractual matters. In such case Schaeffler shall erase all user data and all other personal data of the user as soon as such is no longer required.
6. References and Links
The Schaeffler Website may contain references and links (hyperlinks) to the websites of third parties. Schaeffler does not accept any responsibility for the contents of such web-sites nor does Schaeffler make the contents of such websites its own as Schaeffler can-not control any information connected by a link and is not responsible for the contents and information therein contained. Any use of linked websites shall be at the risk of the user.
7. Exclusion of Liability for Defects as to Title and Quality, Viruses
Insofar as any information, software or documentation is made available at no charge, any liability for defects as to title or defects as to the quality of the information, software and documentation, and in particular for the correctness, defect-free nature, and the non-existence of property rights or copyright of third parties, completeness and/or usa-bility except in cases of wilful acts or malice are hereby excluded.
The information contained on the Schaeffler Website may include specifications or gen-eral descriptions of technical possibilities of products which in individual cases (e.g. for reasons of changes in products) may not always be available. The required perfor-mance specification of the products should therefore be agreed prior to purchase in each case.
The liability of Schaeffler for any defects as to quality and defects as to title shall be de-termined by the provisions in sections 7.1 and 7.2 of these Conditions. Ceteris paribus any liability of Schaeffler is excluded unless mandatory law e. g. the Product Liability Act requires it, as a result of the Product Liability Law, as a result of wilful act, gross negli-gence, as a result of death, personal injury or resulting from the acceptance of a guar-antee as to quality or as a result of malicious concealment of a defect or because of the material breach of a contract. Any damages for material breach of contract shall howev-er be limited to typical, foreseeable damage insofar as wilful acts or gross negligence are not involved.
Schaeffler shall endeavour to keep the Schaeffler Website free from all viruses, however Schaeffler cannot give any assurance as to a virus-free environment. Before download-ing any information, software or documentation the user shall for its own protection as well as to prevent viruses coming onto the Schaeffler Website use suitable security measures and virus scanners.
A change in the burden of proof is not connected with any of the above provisions.
8. Obligations of Use
The user may not in regard to the Schaeffler Website:
• cause any damage or injury to any persons, in particular juveniles, or violate their right to privacy;
• act against good morals by its method of use;
• violate industrial property rights or copyright or other property rights;
• transmit any contents with viruses or so-called Trojan Horses or other program-ming which could damage software;
• provide, store or send hyperlinks or contents to which it is not allowed, in particu-lar if such hyperlinks or contents are a breach of a duty of confidentiality or are unlawful; or
• distribute advertising or unsolicited e-mails (so-called "spam") or irrelevant warn-ings as to viruses, malfunctioning or similar or request persons to participate in gambling, snowball games, chain letters, pyramid systems or any other similar actions.
Schaeffler may block access to the Schaeffler Website at any time, in particular if the user breaches its duties under these Conditions.
9. Export Requirements
The exporting of certain information, software and documentation may e.g. on the basis of their nature or use or end destination, be subject to authorization. In regard to such information, software and documentation the user shall strictly observe the applicable export regulations, and in particular those of the EU and the EU member states as well as the United States of America. Insofar as such is necessary, Schaeffler shall label in-formation, software and documentation in terms of its duty to obtain a permit according to German and EU Export List as well as the US Commerce Control List.
The user shall in particular check and ensure that
• the information, software and documentation made available are not intended for any arms-related, nuclear or weapon-related technical use.;
• no companies and persons contained in the US Denied Persons List (DPL) are delivered with goods originating from the US, or software or technology from the US;
• no companies and persons listed in the US Warning List, US Entity List or US Specially Designated Nationals List are delivered without applicable permission with US originating products;
• no companies or persons listed are supplied which are on the List of Specially Designated Terrorists, Foreign Terrorist Organizations, Specially Designated Global Terrorists or the Terrorist List of the EU;
• no military consignees are supplied;
• the early-warning systems of the respective authorities are observed.
Any access to information, software and documentation on the Schaeffler Website shall only take place if it is in accordance with the abovenamed tests and checks. Otherwise Schaeffler shall not be obliged to provide any services.
Upon request Schaeffler shall provide the user with the relevant contacts for further in-formation.
10. Protection of Personal Data
11. Collateral Agreements, Place of Jurisdiction, Applicable Law
Any collateral agreements to these Conditions of Use including any amendments of this clause shall be in the written form.
The place of jurisdiction is the registered seat of Schaeffler Nederland B.V..
The individual pages of the Schaeffler Website are operated by and are the responsibil-ity of Schaeffler. These pages comply with the requirements of the specific country in which Schaeffler has its registred seat. Schaeffler accepts no responsibility that infor-mation, software and/or documentation in the Schaeffler Website may be called up or loaded down in places outside of the respective country. If users from countries outside of the respective country use the Schaeffler Website, they are themselves responsible for compliance with the applicable regulations of the respective country. Access to in-formation, software and/or documentation on the Schaeffler Website in countries in which access is unlawful is not allowed. In such case and in case the user would like to come into commercial contact with Schaeffler, the user should contact the Schaeffler representatives in the respective country.
Dutch law shall apply to the exclusion of the United Nations Convention on the Interna-tional Sale of Goods (CISG).