Terms Of Use

 

1. Scope of application

 

1.1 These terms of use apply to the use of the digital platform “Teckentrup easy online” (hereinafter: TEO), which is operated and made available to the users by Teckentrup GmbH & Co. KG (hereinafter: TECKENTRUP).

1.2 General terms and conditions of the user are non 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.

 

2. Object of the contract and services provided by TECKENTRUP

 

2.1 TEO is a web-based application software for calculating, configuring and ordering TECKENTRUP products based on data entered by the user. 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 Unless otherwise agreed between the parties, TECKENTRUP shall make TEO available to the user at no charge.

2.3 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 guarantee uninterrupted availability of TEO. Accordingly, neither of the above is contractually prescribed.

 

3. Orders for products via TEO product configurator

 

3.1 On the basis of the configuration results generated by TEO including the price, which do not yet represent a binding offer from TECKENTRUP, the user can send an order request to TECKENTRUP via TEO.

3.2 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.

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

3.4 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”.

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

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

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

 

4. Scope of usage rights and usage restrictions

 

4.1 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.

4.2 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.

4.3 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.

4.4 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.

4.5 Insofar as TECKENTRUP provides new versions, updates or upgrades of the contractual software 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.

 

5. Access to TEO, registration and technical requirements

 

5.1 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.

5.2 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.

5.3 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 or Firefox in the latest version or Microsoft Edge. In addition, the Windows 8.1 operating system or later as well as MS Office from version 2010 onward and a PDF reader are required.

5.4 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.

 

 

6. Availability of TEO

 

6.1 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.

6.2 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.

6.3 TECKENTRUP will endeavour to keep the maintenance times as short as possible and to carry out all maintenance work between 02:00 am and 07:00 am, if possible outside of normal business hours.

6.4 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.

 

7. Support and maintenance

 

7.1 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.

7.2 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.

 

8. User obligations

 

8.1 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.

8.2 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 check the result of the data processing by TEO for plausibility, correctness and completeness.

8.3 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.

8.4 TECKENTRUP confirms to the best of its knowledge and belief that it is currently not aware of any errors in the TEO or the rights of third parties that conflict with its use. The user must immediately report errors in the TEO results in written form to TECKENTRUP. 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.

 

9. Liability

 

9.1 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.

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

 

10. Data protection

 

10.1 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).

10.2 The user is responsible under data protection law for the processing of any personal data entered by him in TEO.

 

11. Term of contract and termination

 

11.1 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.

11.2 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.

11.3 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.

11.4 The notice of termination must be made in writing in order to be effective.

 

12. Blocking of access

 

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

 

13. Miscellaneous

 

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

13.2 The contract language is English. 

 

14. Final provisions

 

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

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

14.3 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: August 2020