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Bosch Industrial

 

 

Terms

and conditions

of use

General terms and conditions of use of the spare parts webshop of Bosch Industriekessel GmbH

 

(Status as of 11/2016)

 

This contract regulates use of the spare parts webshop ("Webshop") of Bosch Industriekessel GmbH (hereinafter "Bosch", "we", or "us") by you the customer (hereinafter the "customer" or "you"). Individual contracts concluded through the webshop are regulated according to the current version of the general terms and conditions of sale, delivery and payment of Bosch Industriekessel GmbH, which can be viewed in the webshop.

 

 

Registration

1. You can use the webshop only after you have registered and we have activated your account. A contact person has to be nominated during registration at the webshop. You must ensure that the contact person has consented to share his/her data with us. Minors and persons whose access authorization has been permanently blocked may not register. During the registration process, you are asked to enter the following information and to define your access data:

·         Company data  

o   Company / Organisation

o   Street

o   Post code / City

o   Country

o   VAT no.

·         Person authorised to access

o   Title

o   First name

o   Last name

o   Company

o   Mobile No.

    o E-Mail address

2. If certain data (especially contact information and payment details) are required for registration or in order to use the webshop, this data must be entered correctly and in full. If there are changes to this data during the course of your user relationship with the webshop, please send the new data by e-mail to the following e-mail address:

spareparts@bosch-industrial.com

Or by mail in writing to the following address:

Bosch Industriekessel GmbH

Spare Parts Service

Nuernberger Straße 73

91710 Gunzenhausen

Germany

If Bosch incurs costs due to incorrect data (e.g. by misdirected invoices), you will be liable for reimbursement of these costs.

3. By sending your registration data, you are offering to establish a user relationship with us (use of webshop, hereinafter "user relationship" in the following pages) based on these terms and conditions of use. This offer is accepted by sending an activation e-mail; it is only after this step that the the user relationship is established and we activate the requested access (hereinafter "activation").

4. After activation, you receive administrator rights for your company. With these rights, you can use the webshop yourself and can also independently set up subordinate users in your company.

5. The user relationship can be terminated by either party in text form with a grace period of 4 weeks from the end of the month. Terminations by the customer should be sent to one of the addresses given at § 1 No. 2.

6. If the contract is terminated, we shall be entitled to permanently delete all data accumulated in connection with your webshop account 30 calendar days following the date of effect of termination, and once any legally required record-keeping period has elapsed. Personal data are subject in the first instance to the data protection regulations, which may also stipulate a shorter time limit for data deletion.

 

Responsibility for access data

1. You must immediately change the initial password, which was sent to you in the activation e-mail, to a new password of your choice.

2. The access data, including the password for administrator rights, and those of subordinate users set up by you, must be kept confidential and under no circumstances disclosed to unauthorised third parties. Subordinate users set up by you must be obliged to comply with the terms and conditions of use.

3. You are also responsible for ensuring that the webshop is accessed exclusively by yourself and/or the subordinate users you have set up and the persons you have authorised (e.g. your employees). If you suspect that your access data is or will become known to unauthorised third parties, or you become aware of illegal or inappropriate use, or use in breach of contract, or any other unauthorised use of the webshop, you must notify Bosch immediately by sending an e-mail to the following e-mail address:

spareparts@bosch-industrial.com

 

Please note:

You are responsible for each access to the webshop using your own access data or the access data of subordinate users set up by you. As the system operator, you are liable for damage due to unauthorised use by third parties, unless there is no fault on your part.

 

Blocking of access

1. Bosch can, at its own discretion, temporarily or permanently block access to the webshop for you and/or individual subordinate users set up by you, either entirely or to specific areas, if there is concrete evidence that you and/or one of your subordinate users is in breach of this contract and/or applicable legislation, or if we have some other legitimate interest in doing so. The legitimate interests of your company will be taken into account when deciding whether or not to block access. If a user with administrator rights is blocked, then all the subordinate users set up by this user will also be blocked.

2. If access is blocked temporarily, access authorisation will be reactivated once the blocking period has elapsed or if the reason for the block has been eliminated, and the affected users will be notified accordingly by e-mail. If access authorisation has been permanently blocked, it cannot be restored.

 

Contracts through the webshop

The presentation of merchandise in the webshop does not represent a proposal to conclude a contract. Rather, it is a non-binding invitation to order goods from the webshop.

When you order from the webshop, you are submitting an offer to conclude a contract. After your order is checked, you will receive an order confirmation by e-mail. A contract comes into force only when the order confirmation is received.

 

Monitoring of user activity

We point out that that user activity can be monitored within the extent allowed by the German Telemedia Act and Federal Data Protection Act, or that there may be a legal obligation for us to do so. This may also include the logging and evaluation of IP connection data if there is a real reason to suspect that there is a breach of the present conditions of use and participation, and/or there is a real reason to believe that some other illegal action or offence has been committed.

All intellectual and industrial property rights of Bosch over the contents of the webshop (including reproduction for private and other personal use according to § 53 of the German Copyright Act (UrhG)) remain unaffected.

 

Prohibited activity

Any action likely to impair the smooth running of the webshop, and in particular to cause overloading of our IT systems (e.g. due to browser scripts or other programs) is prohibited.

 

Privacy policy

The data protection regulation can be found here.

 

Availability

It is our responsibility to ensure an average webshop availability of 98% throughout the year. The calculation of availability does not include routine maintenance windows, which take place on Mondays between 00:00 and 6:00 am CET. It also excludes interruptions outside the control of Bosch, internet failures, or interruptions due to force majeure.

 

Limitation of liability

1. Bosch will accept unlimited liability only for damage arising from intentional or grossly negligent breach of contractual obligations, as well as for injury to life, limb and health. For slightly negligent breach of obligations, the fulfilment of which is essential for proper implementation of the contract and the compliance which you are particularly entitled to expect (main contractual obligations/cardinal duties), the liability of Bosch is limited to damage which is foreseeable and which would typically occur. Otherwise, liability for simple negligence is excluded. This does not affect any liability of Bosch arising from the Product Liability Act, or from guarantees that have been granted.

2. The above liability limitations also apply to breaches of obligation on the part of legal representatives or vicarious agents of Bosch. Where the liability of Bosch is excluded due to the above provisions, this shall also apply to the personal liability of employees and vicarious agents of Bosch.

 

Changes to the conditions of use

Bosch reserves the right to change the terms and conditions of use of the webshop at any time, and bring these into effect within the existing contractual relationship. You will be notified of such changes when you are using the webshop. You will be given the choice of consenting to inclusion of the new terms and conditions in the existing contractual relationship within 14 days of receipt of notification. Otherwise, Bosch will be entitled, within a further 14 days, to give extraordinary notice of cancellation of contract with immediate effect. Continuing to use the webshop is possible only after consenting to the currently applicable terms and conditions of use. 

 

General terms

1. German law applies with the exclusion of German international civil law and UN sales law.

2. If one of the terms of this contact becomes invalid or contestable, or ineffective for any other reason, the other terms of this contract shall remain valid notwithstanding.

3. The place of jurisdiction for all disputes arising from or in relation to this contract shall be Stuttgart alone.

 

Bosch Industriekessel GmbH (Status as of 11/2016)