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Terms of Use of the Böllhoff GmbH B2B eShop


These Terms of Use apply to the use of all content within the Böllhoff eShop located at eshop.boellhoff.de.

You will be notified in writing or by fax or email of any amendments to these Terms of Use. Should you fail to object to such amendment within 4 weeks of receipt of notification, the amendments shall be deemed to have been recognised by you. In the case of such amendment to the Terms of Use, your attention will be drawn once again specifically to your right of objection and to the legal consequences of failure to act.


I. General Terms of Use
Website contents
The contents of the Böllhoff website have been compiled and maintained with great care and in good faith.
Nonetheless, Böllhoff accepts no liability for completeness, accuracy, usability, suitability for certain purposes or currency of the websites or the content depicted therein. Information contained on this site does not represent any representation or warranty.
The respective user him or herself is obliged to check, or suffer to have checked, the contents in advance for their usefulness for his/her intended use thereof.
Under Sect. 7 Para. 1 of the Telemedia Act (“TMG”), Böllhoff is responsible under the general rules for its own information contained in the Böllhoff websites.
Böllhoff is not obliged to monitor external content and information provided or stored on the Böllhoff websites.
Böllhoff shall remove Illegal information and third party content from the Böllhoff websites immediately upon gaining knowledge thereof.
Any liability prior to such time is ruled out.

Protected rights
The contents displayed on the Böllhoff websites are protected and are subject to copyright law and other laws for protection of intellectual property. All text, images, graphics, patterns, drawings, technical documentation, data sheets, designations, trademarks, logos and audio, video or other files and information are protected by law. All rights to the Böllhoff eShop, including all content, are the property of Böllhoff and are reserved.
Any duplication, processing, distribution, public disclosure, publication or any other manner of exploitation in whole or in part without prior written consent from Böllhoff are illegal and will be the subject of civil and criminal proceedings. It is strictly forbidden to make copies or make the content displayed on this website publicly available on other websites or in any other manner or to make public renditions thereof or to integrate this website or parts thereof into other websites.

Linking to this website is not permitted without prior written consent from Böllhoff and is prohibited.

External links

No liability for links to third party content
Where Böllhoff deploys links on its website to refer to third party Internet websites, the following shall apply to such links:
We have no influence over the design and content of linked pages. Sole responsibility for content lies with the operators of such website. Furthermore, we hereby dissociate ourselves expressly from all content on linked-to third party websites and do not appropriate such content for ourselves. This statement applies to all links shown and to all content on the websites to which links lead. We were unaware of illegal content on the linked-to websites at the time of inserting the links. As soon as Böllhoff becomes aware of any infringement, Böllhoff will remove the relevant links from the Böllhoff websites.
Böllhoff assumes no responsibility whatsoever for links to third party websites in respect of external content contained therein.

Availability
Böllhoff is not responsible for the continuous availability of this website on the Internet. Böllhoff may amend, improve, correct, remove from the network or close down this website and the content provided at any time without notice.


II. Special Terms of Use for the downloading of CAD files or other files

These Special Terms of Use govern the downloading of CAD files or other files which Böllhoff provides for download from its website.

2.1 Download
Böllhoff provides registered users with free CAD files or other files (e.g. technical data sheets) to download. Downloading is available to registered users only. The registration process is set out in Section 2 of our General Terms & Conditions. Registration is only available to businesses, merchants or traders and public sector legal entities.
Any disclosure of user names and passwords to third parties is strictly prohibited.
CAD files or other files are provided for download on a purely voluntary basis between Böllhoff and its customers. It is subject to the restrictions on use set out in Section 2.3. Böllhoff reserves the right to change or discontinue the download option without the need to state reasons for so doing. Böllhoff further assumes no liability in respect of uninterrupted availability of all files.
The files provided by Böllhoff are intended for information gathering purposes. Böllhoff reserves the right to alter, modify or delete the files/content/information at any time.

No download is possible without the Customer's agreement to these Terms of Use.

2.2 Protection disclaimer

The files and content which Böllhoff makes available for download from the website at eshop.boellhoff.de are copyright protected and/or protected as another form of intellectual property for Böllhoff and companies of the Böllhoff Group.
Copyright markings or other markings by Böllhoff may not be defaced and must be retained.

2.3 Right of use
Böllhoff grants the registered user a simple, revocable, non-exclusive, nontransferable right to use the downloads subject to the following conditions:

a) The downloads may only be used for purposes of gathering information and displaying data, to support the business transaction within the context of an existing business relationship with Böllhoff. They may only be used for the benefit of businesses registered on the Böllhoff eShop. To this end they may be downloaded, saved and also printed out.
b) With the exception of downloading and saving to the registered user's computer and printing out for purposes of gathering information and displaying data, the user is not permitted to reproduce the respective CAD file/content/information or other file/content/information or to disseminate them (on media of any kind), make them publicly available, depict them on their own or third party website, to copy them to such location or make them publicly available or suffer them to be made publicly available, or to embed them there, play or display them in public, or to exploit them in any other form, electronic or otherwise. It is also prohibited to edit or alter the file unless the prior written consent of Böllhoff or the respective owner of the rights has first been sought and granted. It is also prohibited to use the data in competition with the provider of the services.
c) Any sale to third parties and/or disclosure to third parties is strictly prohibited.
d) Use for one's own advertising or promotional purposes in any form, digital or analogue, is strictly prohibited.

When storing on a server within a network, the user must ensure that from there is no duplication, dissemination, processing, public disclosure or other exploitation in the sense above.
Böllhoff is entitled to revoke the above right of use from the user at any time and without offering any reasons for so doing. From the time of receipt of the revocation any further use is illegal and will be prosecuted. The user is then also immediately required to delete the downloaded data irretrievably by repeatedly overwriting it with a special program and to destroy print-outs irretrievably by shredding.

2.4. Liability
Downloads and their contents are provided on a voluntary basis without any warranties, representations or agreements as to features or characteristics.
Downloading is undertaken at the user's own risk.
Böllhoff accepts no liability whatsoever for the accuracy, completeness, integrity, quality or usability of downloaded CAD files or other files and their contents and information or documentation or for the results intended or able to be attained through use of CAD files or other files. Böllhoff shall also not be held liable for any consequential damage or losses resulting from the use of downloads, such as business interruption, lost profits or loss of information and data.
Liability is also excluded for damage or losses caused by viruses, malware, Trojan horses or similar programs and/or caused by the destruction, deterioration, shutdown of systems, networks or parts thereof. The user undertakes to take adequate steps of his/her own to protect against viruses and other harmful programs or other attacks. Liability is also excluded for the manipulative alteration of files and their contents by a third party and for the consequences of unauthorised access by third parties to the network of Böllhoff and its affiliates within the Böllhoff Group.

This disclaimer does not apply in case of culpable injury to life, limb or health or other mandatory liability such as malicious intent or gross negligence, fraudulent concealment of defects or the assumption of a warranty or strict liability under the Product Liability Act and liability under the Federal Data Protection Act or breach of key contractual obligations, the latter limited to typical, foreseeable damage/losses where no malicious intent or gross negligence has been involved. The disclaimer applies to Böllhoff as well as to all companies of the Böllhoff Group and their legal representatives and employees.


2.5 Access permission
Böllhoff reserves the right to delete or disable download access permission for individual registered users where such user violates or contravenes these Terms of Use or indeed at any time and without stating any reasons.


III. Applicable law and place of jurisprudence

The Law of the Federal Republic of Germany shall apply, specifically excluding UN
commercial and contractual law.
The place of jurisprudence for all legal disputes arising from or in connection with this website, its contents and information, downloads and use thereof shall be Bielefeld

- End of Terms of Use -

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