Terms of use

 

1. Scope of application

 

1.1 These terms of use apply to the use of the online platform “Teckentrup einfach online” (hereinafter: TEO), which is operated and made available to the users by Teckentrup GmbH & Co. KG (hereinafter: TECKENTRUP). Likewise, these terms of use apply to all services made available via TEO. These are the product configurator, the advertising material shop, the Teckentrup Campus learning and booking platform, the professional portal including media library and the Teckentrup Angebotsportal ("TAP") quote portal.

1.2 General terms and conditions of the user are no applicable, even if TECKENTRUP does not contradict their validity or provides services without expressing reservations.

1.3 These terms of use do not apply if the user is a consumer according to § 13 BGB (German Civil Code).

1.4 These terms of use only apply to the use of TEO. For all paid transactions, in particular sales contracts, the General Terms & Conditions of Delivery and Payment of TECKENTRUP also apply; these can be downloaded from https://www.teckentrup.biz/fileadmin/user_upload/teckentrup/Downloadcenter/99_Allgemein/TT_Verkaufs-_und_Lieferbedingungen.pdf. For contracts concluded via the advertising material shop, the general terms and conditions of the advertising material shop, which can be accessed via https://teo.teckentrup.biz/meta/agb/, shall apply in addition. These are also displayed to the user during registration.

 

2. Object of the contract and services provided by TECKENTRUP

 

2.1 TEO is a web-based application software for calculating, configuring and preparing quotes for TECKENTRUP products based on data entered by the user. In addition, the user can send order enquiries to Teckentrup and configuration data to other users. TECKENTRUP grants the user the right to use TEO as Software as a Service (“SaaS”) in accordance with these terms of use. The right to use TEO refers to the current and available version thereof at the time of the specific use. TEO can be accessed from the domain teo.teckentrup.biz.

2.2 In addition to the product configurator, the user can also use the advertising material shop, the professional portal including the media library and TAP via TEO, provided the appropriate selection is made.

2.3 Unless otherwise agreed between the parties, TECKENTRUP shall make TEO available to the user at no charge.

2.4 TECKENTRUP is not responsible for ensuring that TEO meets the needs of the user; the user shall be responsible for determining this in advance of his use. The user is aware that the provision of completely error-free software is not possible due to the complexity of such systems and it is not possible to that TEO to guarantee uninterrupted availability. Accordingly, neither of the above is contractually prescribed.

2.5 When concluding contracts via the advertising material shop, the following shall apply in addition - also to the GTC:

The presentation of the goods in the advertising material shop does not constitute a legally binding offer, but an invitation to order. By clicking on the “Add to shopping basket” button, the user can place individual goods in the virtual shopping basket without making an offer to purchase. Before placing an order, the user can add further products to the shopping basket and remove them from the shopping basket by selecting the “Remove” or “X” buttons . The user can also cancel the ordering process altogether by closing the browser. Only by clicking the button “Order now subject to charge” does the user place a binding order for the goods in the shopping basket. The purchase agreement shall be concluded when Teckentrup accepts the user's order by sending an order confirmation by e-mail immediately after receipt of the order or sends a separate order confirmation to the user no later than five days after the user's order.

Contractual languages are German and English. The text of the contract is stored by Teckentrup and can be viewed by the user in TEO.

  

3. Scope of usage rights and usage restrictions

 

3.1 TEO is protected by copyright. In the relationship between TECKENTRUP and the user, TECKENTRUP is exclusively entitled to all rights to TEO including the associated databases and other files and documents.

3.2 On successful registration and acceptance of these terms of use, TECKENTRUP grants the user the simple, non-exclusive, non-transferable right, limited in time to the term of the user contract and in terms of content to the scope of this user contract, to use TEO to configure TECKENTRUP products and prepare quotes and order requests. However, TEO may not be used for the purpose of managing the user's customer data, unless access to customer data is necessary for the preparation of quotes

3.3 The information transmitted by TEO can be saved and printed out by the user to the usual extent for his own business purposes. The copying, reproduction or storage of TEO itself on data carriers as well as the use of TEO in other systems or by additional users is prohibited.

3.4 The right of use is expressly limited in terms of content to use for the user’s own purposes. Under no circumstances is the user entitled, without the written consent of TECKENTRUP, to lease TEO or in any other way sublicense it, publicly reproduce it or make it accessible or available to third parties for a fee or free of charge, for example by way of Application Service Providing (ASP) or as SaaS. Legal rights of the customer according to §§ 69d, 69e UrhG (German copyright law) are reserved.

3.5 Insofar as TECKENTRUP provides new versions, updates or upgrades of TEO during the term of this contract, the above right of use applies to these in the same way. However, TECKENTRUP is not obliged to provide new versions, upgrades or updates, unless this is absolutely necessary to remedy a defect or otherwise agreed elsewhere in this contract.

3.6 To the extent that the user uses the professional portal and Teckentrup offers the user content of any kind, including but not limited to photos, graphics, images, text and other media, for download free of charge, the following shall apply:

The user is aware that the contents are protected by copyright. All rights to content made available by Teckentrup via the online platform are exclusively vested in Teckentrup in the relationship between Teckentrup and the user. Teckentrup grants the user the simple, non-transferable right, limited to the duration of the registration and revocable at any time, to use individual contents for its own business advertising purposes. Use is only permitted with the following note on the content: ©Teckentrup GmbH & Co. KG. or with use of the Teckentrup logo as a clarifying reference. Any transfer of the rights of use to third parties requires the consent of Teckentrup. Teckentrup reserves the right to withdraw or change the rights of use and content selection at any time at its sole discretion.

 

4. Access to TEO, registration and technical requirements

 

4.1 TEO is available online via a website that is currently accessible via the teo.teckentrup.biz domain. In order to be able to use TEO, the user must first register by entering all the required particulars in the mandatory registration fields. The TAP service can only be used by dealers and other suppliers of Teckentrup products.

4.2 To access TEO, the user needs a user name and a password (hereinafter collectively: “Access data”). The user can define his access data himself during registration.

4.3 In order to be able to access TEO without technical complications, internet access with sufficient bandwidth and a current version of the standard internet browsers Chrome, Mozilla Firefox or Microsoft Edge. In addition, the Windows 10 operating system or later as well as MS Office and a PDF reader are required.

4.4 TECKENTRUP can adjust the system requirements for access to TEO at any time according to the current state-of-the-art. The user can find out the current system requirements from TECKENTRUP at any time on the online portal itself.

 

 

5. Availability of TEO

 

5.1 TECKENTRUP endeavours to ensure that use of TEO is as uninterrupted as possible. TECKENTRUP aims for all-day availability of 95% as an annual average (“operating time”). However, TECKENTRUP does not guarantee that TEO can be used without any problems.

5.2 In order to maintain the usability of TEO, to eliminate errors and to update the stored information, it is necessary that TEO undergoes servicing from time to time. TECKENTRUP is therefore entitled to carry out such regular servicing. TEO is not available or only available to a limited extent during maintenance times.

5.3 TECKENTRUP will endeavour to keep the maintenance times as short as possible and to carry out all maintenance work between 18:00 am and 07:00 am, if possible outside of normal business hours.

5.4 The operating time does not apply in the event of strikes, lockouts, force majeure, absence of employees through no fault of their own, unforeseeable delays by sub-suppliers, official intervention, unforeseeable actions by third parties who are not acting on behalf of TECKENTRUP, technical conditions of the internet or power grid that cannot be influenced and similar unforeseeable events for which TECKENTRUP is not responsible.

 

6. Support and maintenance

 

6.1 During business hours (Monday to Friday, 7:30 am to 5:00 pm, hereinafter referred to as “service time”), the customer can contact the TECKENTRUP back office with questions regarding the use of TEO by phone or email.

6.2 TECKENTRUP takes care of the maintenance of TEO, in particular the diagnosis and elimination of defects within a reasonable time and provides the user with updates and new versions of TEO as soon as they are released for use.

 

7. Quote preparation and product order requests

 

7.1 On the basis of the configuration results prepared by the TEO product configurator including the price, which do not yet represent a binding offer from TECKENTRUP, the user can send an order request to TECKENTRUP. The purchase contract is concluded when TECKENTRUP accepts the user’s order by sending an order confirmation by email no later than five days after the order request. The confirmation of receipt of the order request follows immediately after the order request has been sent but does not yet constitute an acceptance of the contract.

7.2 Before sending the order request, the user can check his specifications and the configuration result and correct his specifications if necessary.

7.3 The specifications in relation to the goods does not represent a guarantee of the quality or durability of the goods to be delivered by TECKENTRUP. Any guarantees that TECKENTRUP is to assume at the time the contract is concluded require express written confirmation as a “guarantee”.

7.4 With the exception of the acceptance of the goods in accordance with Section 433 (2) BGB, acceptance of the goods is not agreed.

7.5 On signing of the contract, TECKENTRUP does not assume any procurement risk in the meaning of § 276 BGB. Furthermore, TECKENTRUP does not extend issue a guarantee the goods.

7.6 TECKENTRUP reserves all proprietary rights and copyrights to illustrations, drawings, calculations and other documents.

7.7 Via the Teckentrup Angebotsportal (“TAP”) quote portal, the users activated for this purpose can view requests from end customers and select (“pick”) them for processing if they wish to submit a corresponding quote to the end customer for the provision of services.

7.8 Via the “Share configuration” function, the user can transmit the product configuration created by him to a user of his choice for the purpose of preparing a quote.

7.9 If a contract is concluded between the users for the delivery of the pre-configured product, TECKENTRUP is not involved in this contractual relationship in any way.

 

8. Use of the Teckentrup Campus learning and booking platform

 

8.1 The user may register via Teckentrup Campus for various seminars, in particular for further education and training events on Teckentrup products. The presentation of the seminars on the online platform is for information purposes only and does not represent a legally binding offer to conclude a contract by TECKENTRUP, but an invitation to the customer to book the seminar. Registrations will be considered in the order they come in. The user registers for the selected seminar date for a fee by clicking on the "Register for event" button.  The user can view his booked seminars in the "My Learning Space" area.

8.2 It is possible for a single user from a company that is a customer of TECKENTRUP to be registered as a team leader. If the customer wishes to register a user as a team leader, they must name this user to TECKENTRUP. TECKENTRUP will then grant this user further rights as a team leader in the Teckentrup Campus. In the Teckentrup Campus, the team leader can use the COCKPIT menu to manage the individual users from the company and view their learning history. The team leader can book, rebook, nominate substitute participants or cancel seminars for the individual users of a company. The individual users must register themselves in TEO and Teckentrup Campus in advance. Only one person per company can be registered as a team leader.

8.3 TECKENTRUP offers free and fee-based seminars. Whether a seminar is subject to a fee is displayed to the user in the overview. By clicking on the button "Register for event", the user makes a firm booking for the respective seminar. The user immediately receives a confirmation of the registration by e-mail, at the latest by the next working day, whereby the contract for participation in the seminar comes into effect. The user can view the text of the contract and past bookings as well as an educational history via the Campus system in the areas "MY LEARNING PLACE" and "MY SUCCESSES".

8.4 The seminars are realized either as face-to-face or online seminars via Microsoft teams. Details regarding the locations and the seminar dates can be found on the relevant information page for the individual seminars. The user will also receive this information with the registration confirmation. With the registration confirmation, the user will also be provided with the link to the video conference room via Teckentrup's Campus.

8.5 A seminar may be cancelled for good reason, e.g. cancellation or illness of a speaker or force majeure. If, in exceptional circumstances, a seminar has to be cancelled or postponed, TECKENTRUP will refund any seminar fee paid.

8.6 Participation in seminars can be cancelled by the user or the team leader for one or more users in the Teckentrup Campus before the start of the event without giving reasons. To do so, the user will find his bookings under "MY EVENTS" and a corresponding "Cancel event" button. The user will immediately receive a confirmation of the cancellation by e-mail, at the latest by the next working day. If the participation in a chargeable seminar is cancelled up to 7 days before the start of the event, this can be done free of charge and any fee already paid will be refunded. After that, 50% of the seminar fee must be paid. This shall not apply if the user proves that no financial damage or significantly less financial damage has been incurred.

 

9. User obligations

 

9.1 The user is responsible for creating the necessary conditions for using TEO (access to hardware and software, use of telecommunications equipment, networks, etc.). The user bears the respective costs.

9.2 The user is obliged to select the data precisely before entering it in TEO and to check it for plausibility, correctness and completeness. The user must also to check the result of the data processing by TEO for plausibility, correctness and completeness.

9.3 The user is obliged to take sufficient technical and organisational security precautions to prevent third parties from accessing TEO using his access data or in any other way. In particular, he has to keep his access data safe.

9.4 TECKENTRUP confirms to the best of its knowledge and belief that it is currently not aware of any errors in TEO or the rights of third parties that conflict with its use. The user must report errors in the results of the product configurator in TEO and other errors of the online platform to TECKENTRUP in text form without delay. The user will also forward all information available to him about the error to TECKENTRUP, in particular under which circumstances the error or the defect occurred and actively support TECKENTRUP in troubleshooting.

 

10. Liability

 

10.1 The data determined and the configuration of the products are based on the data provided by the customer. The calculated data do not represent a legally binding declaration or advice from TECKENTRUP. The final responsibility for the selection of the respective product and compliance with all technical rules as well as laws and other regulations lies with the customer himself.

10.2 Due to the provision of TEO free of charge, TECKENTRUP is only liable to the user in cases of intent and gross negligence.

 

11. Rights to configuration data

 

11.1 The User acknowledges that certain configuration data is generated in connection with the use of TEO. This is all the data and information that TEO generates and produces. This is merely technical data which TECKENTRUP uses for the analysis and evaluation of product configurations and sustainable quality assurance and improvement of its own products. The configuration data has no reference to any persons.

11.2 In its relationship with the user, TECKENTRUP is exclusively entitled - subject to mandatory statutory provisions - to use configuration data at its own discretion without any restrictions in terms of time, space or content, in particular to process and edit them in any form, to reproduce them, to exploit them and to transfer them to third parties for these purposes and to transfer corresponding rights of use to third parties.

 

12. Data protection

 

12.1 Both contractual partners will observe the applicable data protection regulations, in particular those applicable in Germany, in particular the GDPR and the BDSG (German Federal Data Protection Act).

12.2 The user is responsible under data protection law for the processing of any personal data entered by him in TEO. If the user stores personal data of third parties in TEO in order to be able to prepare and manage quotes, the user is obliged to inform the persons concerned of this in advance and to draw their attention to the data protection information on TEO.

12.3 Online seminars are conducted via the Microsoft Teams platform. We will send you more detailed information on data processing in the context of online seminars with the registration confirmation. You can also find the information in our data protection declaration.

12.4 In case a user can manage other users, this managing user is responsible for creating the legal basis if it is required in the company and in order to comply with the provisions of data protection law and/or labour law. 

 

13. Term of contract and termination

 

13.1 The license agreement for TEO is concluded for the duration of the registration. Both parties are entitled at any time to terminate the user contract with a notice period of four weeks to the end of the month.

13.2 In addition, this user contract can be terminated without notice for good reason. Good reason exists if the terminating party cannot be expected to continue the contractual relationship until the period of notice has expired, taking into account all the circumstances of the individual case and weighing up the interests of both parties.

13.3 TECKENTRUP is particularly entitled to extraordinary termination if the user transfers the use of the TEO to a third party or the service for TEO is not maintained by TECKENTRUP. 

 

14. Blocking of access

 

 TECKENTRUP is also entitled to block access to TEO if the user violates obligations from this user contract.

 

15. Miscellaneous

 

15.1 TECKENTRUP saves the contract text. The user cannot view the contract.

15.2 The contract language is German.

 

16. Final provisions

 

16.1 Should any provision of this user contract be or become ineffective, the validity of the remaining provisions shall not be affected.

16.2 German law applies to the exclusion of the UN purchase law.

16.3 The exclusive place of jurisdiction for all disputes between the parties is the registered office of TECKENTRUP, provided that the user is a merchant, a legal entity under public law or a special fund under public law.

 

Issued: November 2022