eCommerce Portal Terms of Use

Preamble

The eCommerce Portal is operated by Wieland-Werke AG and its affiliated companies (hereinafter 'the Provider').

The Portal offers our customers the ability to view their transaction data (e.g. current orders) with the aim of providing an overview regardless of business hours. At the same time, it is intended to enable registered customers to conclude contracts for supplies of goods and services from the Provider. Registered customers can also arrange customary scrap collection via an online form and may download documents. A chat function will enable our buying customers to engage in online dialogue with familiar contact persons at our company, if applicable in combination with a chatbot. Use of the Portal is free of charge. Access is only possible following prior registration.

The Provider will attempt to involve users in the further enhancement of the eCommerce platform and, within the scope of these Terms of Use, to give them the opportunity to provide feedback and suggestions for improvement in terms of content and technology. Simply send us an e-mail at info@wieland.com.

1. Terms of Use

The following Terms of Use represent guidelines under which use of the eCommerce Portal is permitted. These Terms of Use shall also apply in the case of use outside the Federal Republic of Germany and the EU.

2. Use of the Portal / Rights of use

Use is conditional upon acceptance of these Terms of Use by the user and a commitment to comply with them.

When using the Portal, care must be taken to ensure that the copyrights and other rights of the Provider and those of other rights holders are respected and not infringed.

3. Registration

One master user is registered for each customer in the eCommerce Portal. The customer can decide independently which additional users from their company should have access to the Portal. In this respect, the master user is responsible for access rights that it provides to third parties via its log-in data.

When creating a user account, the user must specify a valid e-mail address and password and agree to the Terms of Use and Privacy Policy.

Only customers who have already been set up by the Provider may register.

The option of chatting with the Provider via the Portal is also reserved for registered users only.

The user must provide truthful information during the registration process. This applies to both mandatory and voluntary information.

Passwords for use of the eCommerce Portal may only be used by the registered user themselves. They must be kept protected against access by third parties and may not be shared with third parties.

Users have no legal right to registration. The Provider reserves the right to make activation after registration dependent on complete verification of all information provided. The complete and correct transmission of data provided by the user is required for activation of the registration. The Provider stores user data voluntarily transmitted by the user via the registration form and undertakes to treat such data confidentially in accordance with applicable data protection laws, in particular the GDPR. For further details please refer to our privacy policy.

4. Compliance with legal requirements

Registered users of the eCommerce Portal are responsible for their own actions when using the Portal.

When using the eCommerce Portal, users must take particular care to ensure that their own conduct does not violate any applicable laws or regulations or the provisions of these Terms of Use.

Technical actions that impair the functionality of the eCommerce Portal or attempt to do so, in particular by executing scripts, hacking, spreading viruses, worms, Trojans, brute force attacks and similar methods, are prohibited and may result in civil and criminal prosecution as well as exclusion from use.

5. Rights of the Provider

If the user violates applicable law or these Terms of Use as a result of its conduct, the user may be excluded without prior warning or an indication of the grounds.

Users have no right to registration or activation. Registrations can be refused or cancelled at any time and without need to indicate the grounds.

6. Customer orders

For any supplies of goods and services in connection with the eCommerce Portal, the General Terms and Conditions of Delivery for the company where the order was placed, as amended, shall apply; they are available on the website of the respective company. These General Terms and Conditions apply to all - including future - contracts with entrepreneurs, legal entities under public law and special funds under public law concerning supplies of goods and services, including contracts for work and services and the delivery of non-fungible goods. We do not accept purchasing terms and conditions of the customer even in the event we do not expressly reject them again after we have received them.

Orders placed by the customer via the eCommerce Portal shall be deemed to be an offer by the customer to conclude a corresponding contract with the Provider. The Provider will send the customer an electronic confirmation of receipt of the offer immediately after receipt of the offer; this does not constitute acceptance of the offer. The offer shall only be deemed accepted if the Provider informs the customer of acceptance (order confirmation) or by performance. The Provider is not obliged to accept any offer.

7. Liability of the Provider

The Provider makes no promises or assurances whatsoever with regard to the scope of the Portal or its availability. The Provider assumes no liability for uninterrupted access to the eCommerce Portal, for server failures and assumes no liability for the accuracy of content.

In the event of the breach of contractual and non-contractual obligations, in particular due to impossibility, delay, culpa in contrahendo and tort, the Provider - including its executives and other vicarious agents - is liable only in cases of intent and gross negligence, and, in cases of simple negligence, such liability is limited to the damages that are typical to the contract and foreseeable at the time of contract formation. Liability is excluded in all other cases, including liability for damage caused by defects and consequential damages. These restrictions shall not apply in the event of a culpable breach of material contractual obligations (obligations the fulfilment of which is essential for the proper performance of the contract and the observance of which the contractual partner regularly relies and may rely on), in the event of culpably-caused injury to life, limb and health and also not if and to the extent that the Provider has assumed a guarantee for the quality of any item sold, and in cases of mandatory liability under the Product Liability Act. The foregoing provisions are without prejudice to rules regarding the burden of proof. The foregoing limitation of liability also applies to access to the eCommerce Portals of Wieland-Werke AG and to the use of the eCommerce Portal, for example the transmission of order and delivery data.

8. Data protection

Information on the collection, storage, processing and use of personal data may be found in the privacy policy.

9. Choice of law and applicable law

The Portal is operated by the Provider at its headquarters. The Portal is initially directed at an audience in Germany, Austria, France and Switzerland, but shall - as far as legally possible - be subject to the law of the Federal Republic of Germany. Applicable law shall therefore be the law of the Federal Republic of Germany, provided that this does not exclude mandatory regulations applicable at the user’s domicile.

10. Changes to the Terms of Use

The Provider reserves the right to change these Terms of Use at any time without an indication of the grounds, provided such changes are reasonably acceptable to the user. Such a change is always reasonable if it does not affect essential obligations or rights of the user or the Provider. Any such changes will become effective for the user upon the next use of the Portal following the change when the user confirms acknowledgement of the Terms of Use during the log-in process. The portal can no longer be used without acknowledgement of the changes.

11. Changes to the scope of services

The Provider is not obliged to make the Portal permanently available for use to the same extent or at all. The Provider is entitled to cease operation of the Portal permanently or temporarily, including without prior notice if necessary.

12. Severability clause

In the event that individual provisions of these Terms of Use are or become ineffective or void, the effectiveness of the remaining provisions of these Terms of Use shall be unaffected.