CERATIZIT UK & IRELAND LTD
CONDITIONS OF USE
CERATIZIT and/or its affiliated companies ("CERATIZIT") offer website functionality and other products and services when you use the site "wnt.com" (the "Website") or shop on the website, use CERATIZIT's products or services or use the software provided by CERATIZIT in one of the above contexts (collectively the "CERATIZITservice" or the "CERATIZIT services"). CERATIZIT provides the CERATIZIT services subject to the conditions of use listed on this site.
1 PERMITTED USE
The following conditions of use apply to all business relationships, including future ones, between you and CERATIZIT, whenever you are using CERATIZIT services.
The use of the portal is intended solely for businesses. Businesses for the purposes of these conditions of use are individuals, legal entities or legally constituted limited partnerships which exercise their commercial or independent professional activity in concluding the legal transaction (hereinafter referred to as "Customers").
Only these conditions of use are valid; customer conditions which conflict with or deviate from these conditions of use are not recognized.
2 DATA PROTECTION
3 ELECTRONIC COMMUNICATION
When we communicate with you by email, through notices or other correspondence on the website or in any other electronic form, all of our electronic communications shall be binding for both parties, unless legal provisions stipulate otherwise.
4 INTELLECTUAL PROPERTY
The entire content of the website is the property of CERATIZIT or of third parties who supply the content or make it available on the website. Among others, German and international laws on copyright, patent, trademark protection and database rights apply.
All rights are reserved. CERATIZIT and its licensors, suppliers, rights holders or other suppliers of content reserve all rights which are not explicitly granted to them in these conditions of use or elsewhere.
The following applies in particular:
The use of content from our website, even as excerpts, outside of our contractual relationship, the use of data collection and extraction programmes and the use of CERATIZIT's trademark and labeling rights are not permitted.
You may not use frames or framing techniques to attach any trademarks, logos or other copyright-protected information belonging to CERATIZIT (such as images, text, page layout or form) without our express written permission.
You may not use meta-tags or other "hidden text" alongside the name or the trademarks and logos of CERATIZIT without our express written permission.
You may not modify CERATIZIT software and you may use it only in order to make use of a CERATIZIT service provided by CERATIZIT, and only insofar as this is permitted by the conditions of use.
CERATIZIT respects the intellectual property rights of third parties. If you believe your intellectual property rights are being used in a way which gives rise to concerns that a violation might arise, please inform us of this.
5 IN PARTICULAR: CAD DATA
CERATIZIT makes Computer Aided Design data (so-called CAD data) for catalogue items available to download for free. The CAD data is supplied as a resource to aid tool selection and is hereby expressly deemed not to constitute an additional description of properties of the catalogue items in question. It is your responsibility in each individual case to independently check whether the tool purchased from us is in a condition pursuant to the contract and whether it is suitable for your purposes.
You must refrain from all measures designed to modify, process, reproduce and/or hand over to third parties and/or make available to third parties the CAD data you have downloaded.
6 YOUR ACCOUNT
A precondition of use is that you register for free access to CERATIZIT services. No entitlement to registration and access to use of CERATIZIT services exists.
Registration is completed by successfully opening a customer account ("Account"). When you register you will be referred to a sales company which is also responsible for offline sales. For customer orders through the portal, this sales company will always be the contractual partner of the customer.
Registration may only be undertaken by an individual person with power of representation. Make sure that all the necessary data entered at registration is complete and correct. You must inform us immediately of changes to this data.
When you register you will choose an access password, which can be changed at any time. The access password must always be kept secret and must not be passed on to third parties. When you use a CERATIZIT service, you are responsible for ensuring the confidentiality of your account and password and for restricting access to your computer and, as far as is permissible under applicable law, you agree to assume responsibility for all activities undertaken using your account or password. You should take all necessary steps to ensure that your password is kept secret and stored in a safe place and you should inform us immediately if you have any reason to believe that a third party has found out what your password is or has used your password without authorization, or that this is likely to happen. You are responsible for ensuring that any information you provide us with is correct and complete and for making us aware of any changes in relation to this information. You can view and update much of the information you have provided us with, as well as your account settings, on the website.
Access permission is granted on the express condition that you are not permitted to misuse the CERATIZIT services. In other words, you may not use the services in any way which is likely to interrupt or damage the CERATIZIT service or access thereto, or to impact upon it in any other way. You may only use the CERATIZIT services to the extent permitted by law. The rights of use granted by CERATIZIT shall be withdrawn if you do not comply with these conditions of use.
7 DURATION OF CONTRACT
The license agreement begins when your account is activated. The license agreement is not limited in time and not transferable and grants non-exclusive access to the toolingcenter.
You are entitled to terminate the license agreement with future effect at any time.
CERATIZIT may effect a standard termination of the license agreement at any time with a notice period of 14 days from the end of the month. The right to block access as well as the right to extraordinary termination for good cause is unaffected.
8 IN PARTICULAR BLOCKING
We reserve the right to withhold CERATIZIT services on the website in whole or in part, to close accounts and to remove or modify content if you violate applicable laws or these conditions of use or other agreements existing between us.
In order to safeguard its legitimate interests, CERATIZIT reserves the right to temporarily block your access in whole or in part, if there is concrete evidence that you are violating or have violated legal provisions or obligations arising from these conditions of use.
CERATIZIT reserves the right to assert possible further claims.
CERATIZIT will inform you immediately that you have been blocked, and of the reasons why. You will be asked to respond to the reasons given for the blocking. If you do not respond to this request within a reasonable period of time, CERATIZIT shall be entitled to terminate the contract. This will not entitle you to a refund.
9 OUR LIABILITY
We consistently try to ensure that the CERATIZIT services are available without interruption and that transmissions are error-free. Due to the nature of the Internet, however, this cannot be guaranteed.
CERATIZIT's liability shall not be subject to any restrictions insofar as the cause of damage is based on an intentional or grossly negligent breach of duty by CERATIZIT.
CERATIZIT shall also be liable for the negligent breach of fundamental obligations, the violation of which threatens the fulfilment of the purpose of the contract, or for the breach of obligations which need to be met in order for the contract to be properly carried out and which you regularly rely upon the observance of. However, in such a case CERATIZIT shall not be liable for the foreseeable damages typical of this type of contract.
As far as legally permissible, CERATIZIT exempts itself from all liability. The above liability restriction shall not apply, however, in individual cases in the event of injury to the life, body or health of a third party, the breaking of a guarantee promise or a fraudulently concealed defect.
We reserve the right to make changes to CERATIZIT services and their rules and regulations including these conditions of use at any time, with a reasonable notice period of at least two weeks.
11 CONCLUSION OF CONTRACT
Your order of a product offered on our website constitutes an offer to conclude a purchase agreement. Your contractual partner is the sales company you have been referred to. For the agreement concluded with this sales company, the provisions agreed with the aforesaid company shall apply. However, a purchase agreement shall not be deemed to exist until the ordered product is dispatched to you and this dispatch has been confirmed by a second email or in some other way (Confirmation of Dispatch). If your order is shipped in more than one package, you may receive a separate Confirmation of Dispatch for each package. In such a case there will be a separate purchase agreement linked to each Confirmation of Dispatch with regard to the products listed therein.
12 OUR CONTACT DETAILS
This website is operated by CERATIZIT Deutschland GmbH.
Our contact details are:
CERATIZIT Deutschland GmbH, Daimlerstraβe 70, D 87437 Kempten
Registered in Germany, German Commercial Register, registered number, HRB3524 AG Kempten
Registered court: Kempten District Court
VAT identification number: DE128784928
Telephone number: +4983157010-0
If one of the conditions of use should be considered ineffective, void or unenforceable for any reason, this provision shall be deemed severable and shall not affect the validity and enforceability of all remaining provisions.
German law shall apply, to the exclusion of the UN Sales Convention. The sole place of jurisdiction is Germany.