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1. SUBJECT MATTER OF THE CONTRACT AND SCOPE OF APPLICATION
1.1 HOMAG WEBSHOP ("WEBSHOP") is operated by HOMAG GmbH, Homagstraße 35, 72296 Schopfloch ("HOMAG") at the following address: shop.homag.com.
1.2 The present General Terms of Use ("Terms of Use") regulate the terms and conditions for the purchase of the products offered via WEBSHOP ("Products") by the clientele defined in Section 2.1. For the use of WEBSHOP, these Terms of Use shall apply as a framework agreement without HOMAG referring to them again in each individual case.
1.3 In addition to offers from HOMAG ("HOMAG offers"), offers in the WEBSHOP may also be offers from third parties authorized for this purpose ("WEBSHOP Partners") to which HOMAG merely provides access or contact. If HOMAG brokers Products and services via the WEBSHOP which are offered directly by WEBSHOP Partners ("Partner offers"), the special conditions of the respective WEBSHOP Partner (e.g. in the form of sales and delivery conditions) shall apply to these Partner offers in the relationship between the Customer and the WEBSHOP Partner. The validity of these Terms of Use between the Customer and HOMAG shall remain unaffected.
1.4 These Terms of Use and the documents referred to herein shall apply exclusively. Deviating, conflicting or supplementary General Terms and Conditions of the Customer, in particular General Terms and Conditions of Purchase shall not apply unless HOMAG expressly agrees to their inclusion in writing. This requirement of consent shall apply to each individual case.
1.5 These Terms of Use become effective when registering for the first time or logging in when the Customer clicks on a corresponding checkbox which is presented with these terms of use on the WEBSHOP user interface. With clicking by the Customer a user agreement based on these Terms of Use ("User Agreement") comes into force. HOMAG reserves the right to change the Terms of Use from time to time. HOMAG shall notify the Customer of any changes in an appropriate form. Section 10 of these Terms of Use shall apply to changes.
2. REGISTRATION AND ACCESS
2.1 WEBSHOP is directed exclusively at entrepreneurs (in the sense of § 14 German Civil Code (BGB)) and not at consumers. Authorized to access and use the WEBSHOP are exclusively the customers authorized on the basis of these Terms of Use ("Customers"). Customers may only be legal entities and natural persons and partnerships of unlimited legal capacity who are merchants within the meaning of the German Commercial Code (HGB) and act in the exercise of their commercial activities.
2.2 Authorization requires the registration in the WEBSHOP by input of the necessary data (in particular first name, surname, email, company, company address, telephone number) as well as the agreement with these Terms of Use. Registration may only take place via the Customer's devices and with truthful indication of the current business contact data. A use of the WEBSHOP with private devices and/or after indication of private contact data (e.g. private email address) is expressly forbidden.
2.3 The persons who register the Customer and/or subsequently place orders in the name and on behalf of the Customer must be sufficiently qualified, reliable and authorized to conclude corresponding contracts for the Customer ("Customer Administrator"). The Customer Administrator is obliged to provide complete and truthful information. If the data provided changes after registration, the Customer shall be obliged to correct the information immediately in the WEBSHOP and/or, if this is not possible, to inform HOMAG immediately of the respective changes ("Notification of Change"). Notifications of Changes can only be made in writing, by fax or by email.
2.4 The right to use the WEBSHOP ("WEBSHOP ACCESS") granted to the Customer with the authorization is granted only once per Customer and applies only for the Customer's own internal purposes, is not sublicensable and nontransferable. Multiple registrations per Customer are prohibited.
2.5 The login on the WEBSHOP user interface ("Login") as well as the use of the user interface itself may only be carried out by the Customer Administrator. The Customer can nominate two deputies of the Customer Administrator, who must be comparably qualified and have the same internal authorization at the Customer as the Customer Administrator. In particular, it is prohibited to transfer or make accessible the access data or the WEBSHOP ACCESS to third parties.
2.6 Use of the WEBSHOP for purposes other than those provided for in these Terms of Use is prohibited unless HOMAG has given its express prior consent
3. WEBSHOP OFFERS
3.1 Upon conclusion of the User Agreement, a contractual relationship between HOMAG and the Customer is established and the Customer acquires the general right to purchase Products via the WEBSHOP. However, this neither constitutes an obligation on the part of the Customer to purchase certain Products nor an obligation on the part of HOMAG or the WEBSHOP Partner to offer the same.
3.2 The WEBSHOP offers various Products to the Customer.
3.3 The WEBSHOP may offer Products that provide access to external online portals. HOMAG is not the provider of the Products and services available via these portals and does not check them. Contracts for the Products and services concerned shall be concluded exclusively between the Customer and the respective provider.
3.4 The contractually agreed condition of the Products offered in the WEBSHOP is derived from the descriptions of the relevant Products ("Product descriptions").
3.5 HOMAG reserves the right to use subcontractors to provide services. HOMAG shall remain responsible to the Customer for the provision of services by subcontractors. In order to avoid misunderstandings, it is made clear that this does not apply to Partner offers; the WEBSHOP Partners are exclusively responsible for the Partner offers.
3.6 Unless expressly agreed otherwise, the place of performance shall always be the registered office of HOMAG.
4. ORDERS AND CONCLUSION OF CONTRACTS
4.1 In the WEBSHOP the Customer has access to the terms and conditions of the respective provider applicable to each Product, such as product description, specific conditions, in particular terms of delivery, fees, costs, terms of payment as well as further details.
4.2 The Products displayed in the WEBSHOP legally represent a request to the Customer to make an offer to conclude a contract for the purchase of the Product.
4.3 The Customer can select Products for purchase in the WEBSHOP by placing them in a shopping basket by clicking on the corresponding button. The Customer can complete the order, if the Customer follows the further order process. After the selection of the Products and the indication of all necessary order and address data a page open by pressing the button "Next", in which the essential Product data including arising costs are summarized again. Up to this point the Customer can correct its entries or refrain from placing an order. A binding offer is only made when the order button is subsequently pressed.
4.4 All orders placed by the customer shall be deemed binding contract offers. Depending on the platform service, orders may also be placed in text form. Offers may be accepted or rejected within 10 (ten) working days of receipt. If no acceptance is declared within this period, the offer shall be deemed rejected unless the provider expressly accepts the offer after expiry of the period.
4.5 Immediately upon receipt of the Customer's order, the Customer shall receive confirmation of receipt of the order. This confirmation of receipt does not constitute a declaration of acceptance. Acceptance can be declared either by the first act of performance, recognizable for the Customer (e.g. by sending the ordered Product) or by a separate order confirmation.
4.6 If the order and acceptance refer to a HOMAG offer, a contract between HOMAG and the Customer shall be concluded exclusively on the basis of the currently respective terms and conditions of sale and delivery of the HOMAG Group.
4.7 In case of Partner offers the sending of the order confirmation or the Product means the acceptance of the order by the WEBSHOP Partner and a contract exclusively between the customer and the WEBSHOP Partner is concluded. Even if this transaction was brokered via the WEBSHOP, HOMAG shall not be liable to the Customer for the relevant contract. The Customer is aware that HOMAG does not check the performance capacity or creditworthiness of the WEBSHOP Partner. In particular, HOMAG shall not be liable to the Customer for the fulfilment of the relevant contract with the WEBSHOP Partner.
4.8 If further clarifications with the Customer are necessary for the conclusion of a contract in addition to the selection of the Product, the Customer can only request an offer from HOMAG or the WEBSHOP Partner. The Customer receives a confirmation of the receipt of its declaration of intent to purchase the Product upon its request for an offer. The contract is only concluded after clarification of the technical requirements and the general requirements for the contract with the order confirmation.
5. REMUNERATION AND PRICES
5.1 Registration and use of the WEBSHOP is free of charge.
5.2 All prices for the Products offered in the WEBSHOP are subject to the applicable statutory value added tax.
5.3 HOMAG reserves the right to use a service provider commissioned by HOMAG to process payments.
6. RIGHTS OF USE IN CONNECTION WITH THE WEBSHOP
6.1 Insofar as the Customer receives data/information (e.g. information material) from HOMAG or WEBSHOP Partners within the scope of Customer’s use of the WEBSHOP or has authorized access to it ("DATA"), Customer may use it exclusively for its own internal company purposes.
6.2 The contents of the WEBSHOP may only be used by the Customer within the framework of the contractual use of the WEBSHOP. In particular, texts and photographs may not be edited, downloaded, reproduced, rented, loaned, leased, sold, made publicly accessible or distributed in any other way without the express consent of HOMAG.
6.3 Without prior express authorization by HOMAG, the Customer is not allowed to put other persons in the position to use offers and services and/or WEBSHOP contents (including data) for their interests, to use them for third parties, to offer them or make them accessible, publish them or disseminate them. The confidentiality obligations of the Customer remain unaffected (Section 13).
6.4 All rights to and with regard to the Products and services are the exclusive property of HOMAG. It shall be made clear that no claims or rights of the Customer shall be established as a result of the further or new development. This shall also apply if further developments or new developments take place using and evaluating content, information and data from the Customer's sphere (see Section 7), insofar as the use by HOMAG is lawful.
6.5 All protectable and nonprotectable rights in and to the WEBSHOP content and the Products shall remain with the original holder of the rights. If software is provided to the Customer, HOMAG or the respective legal owner (e.g. WEBSHOP Partner) shall remain the owner of all rights to the software. It is forbidden to edit, rework, decompile, reverse engineer, disassemble, translate or otherwise attempt to convert the software into source code, unless the aforementioned actions are legally permitted (§§ 69d, 69e German Copyright Act (UrhG)).
7. DATA USE AND DATA PROTECTION
7.1 HOMAG processes contact and order data (in total "DATA USE") for the purpose of providing the order and delivery process.
7.2 The provision or disclosure of data concerning individual Customers to third parties shall only take place in the following cases
7.2.1 to any subcontractors used by HOMAG for the provision of services in connection with the use of the WEBSHOP;
7.2.2 to WEBSHOP Partners, insofar as this is necessary for the provision of the Partner offers offered in the WEBSHOP;
7.2.3 if HOMAG is required to disclose such information on the basis of a binding official or judicial order or mandatory legal provisions.
7.3 HOMAG shall comply with the data protection provisions applicable to it for the protection of personal data.
7.3.1 The provision of services in connection with the WEBSHOP does not require the collection and processing of personal data.
7.3.2 The data shall be stored and deleted in accordance with the statutory retention periods (10 years according to the German Commercial Code (HGB)). Further information on data protection can be found on the homepage www.homag.com.
8. WEBSHOP CONDITION AND AVAILABILITY
8.1 The content and condition of the WEBSHOP as well as the type and scope of any services to be rendered by HOMAG in connection therewith shall be conclusively determined by the present Terms of Use. Unless otherwise stipulated in these Terms of Use, the following shall apply:
8.1.1 HOMAG shall take appropriate measures and security precautions to avoid damaging effects on the Customer's user environment in connection with the use of the WEBSHOP.
8.1.2 Information on the Products on websites, apps, catalogues, product descriptions, data sheets, plans, drawings, in particular information on availability, functionality, performance data, etc. shall only be legally binding if the Product descriptions expressly refer to these or if HOMAG or the WEBSHOP Partner has otherwise expressly confirmed them in writing.
8.2 HOMAG and the WEBSHOP partners are constantly striving to improve their services. It may be necessary to update the WEBSHOP from time to time with new versions. This usually takes place automatically, without the consent of the Customer being obtained or the Customer being made aware of this separately. The rights of use acquired by the Customer remain unaffected by this.
8.3 HOMAG shall endeavour to keep interruptions in the operation of the WEBSHOP as low as possible with professionalism customary in the market. HOMAG does not owe availability of the WEBSHOP at any time.
8.4 HOMAG shall not be liable for the nonavailability or malfunctions of the WEBSHOP, which are caused by
8.4.1 reasons beyond HOMAG's control (e.g. natural disasters, wars, terrorist attacks, riots, industrial disputes, government measures, network or equipment failures, including at the Customer's location or between the Customer's location and the computer center used by HOMAG);
8.4.2 necessary maintenance work or compelling safety reasons;
8.4.3 use of services, hardware or software not provided or expressly recognized by HOMAG, including problems in connection with insufficient bandwidth or software or services from third parties;
8.4.4 unauthorized action (including incorrect entries) or omission of a necessary action by the Customer or its employees, representatives, contractual partners or suppliers or by other persons who have gained access to WEBSHOP or which are caused in any other way by the Customer's failure to observe appropriate security procedures;
8.4.5 Customer's failure to comply with required configurations or due to an attempt to use the WEBSHOP with features and functions which are not compatible with the features and functions of the WEBSHOP (e.g. attempts to carry out unsupported procedures) or which do not correspond to the assistance published by HOMAG.
8.5 HOMAG is entitled at any time to temporarily restrict or discontinue access to the WEBSHOP in whole or in part, if this is absolutely necessary with regard to the security or integrity of its servers or for the implementation of mandatory technical measures to maintain the contractual performance also towards other Customers. The restriction of access may be necessary in particular for protection against attacks from the Internet, in particular in the case of DoS/DDos attacks (Denial of Service / Distributed Denial of Service).
9. SUPPORT
9.1 In case of technical problems and questions regarding the use of the WEBSHOP, the Customer has access to a support service under the contact data given on the WEBSHOP website or otherwise made available to the Customer at the times stated there.
9.2 Unless expressly agreed otherwise, support services shall be provided exclusively by means of remote communication or data transmission.
10. CHANGES
10.1 HOMAG shall be entitled at any time to amend these Terms of Use and/or the system requirements applicable to the use of the WEBSHOP ("Changes"). This includes, in particular, regular technical and functional updates, to which HOMAG is, however, not obligated.
10.2 HOMAG shall inform the Customer of significant Changes in an appropriate form and with an appropriate period of notice. Material Changes are in particular those which have a noticeable effect on the availability, functionality or quality of the WEBSHOP or the contractual relationship.
10.3 Changes to these Terms of Use shall become effective unless HOMAG receives a written objection from the Customer within 30 (thirty) days of receipt by the Customer of the information on the Change. In the event of an objection by the Customer, HOMAG shall be entitled to a special right of termination with regard to the User Agreement. The Customer will be informed of this consequence separately upon notification of the Change(s).
11. RESPONSIBILITY AND COOPERATION OBLIGATIONS OF THE CUSTOMER
11.1 In addition to the duties of cooperation of the Customer agreed in these Terms of Use, in the terms of sale and delivery and/or in the Product description or otherwise agreed legally binding, the following duties shall apply.
11.2 The Customer is aware that the contents of the WEBSHOP may be protected. HOMAG or the respective licensors are exclusively entitled to the rights to these contents.
11.3 The Customer is responsible for ensuring that the applicable system requirements are met in the Customer's operating environment.
11.4 The Customer is solely responsible for the legally and contractually compliant use of the Customer administration area, in particular for compliance with the requirements in Section 2.5.
11.5 The Customer shall be solely responsible for the conduct of the Customer Administrator and his deputies; in particular, the Customer shall draw their attention to compliance with Section 2.2. The behaviour of the Customer Administrator and its deputies (including all acts of use, declarations and omissions) must always be attributed to the Customer.
11.6 In the event that the Customer Administrator or his deputies resign, the Customer shall take all necessary measures, in particular the immediate change of the passwords known to the aforementioned group of persons and the immediate deregistration of the resigning person.
11.7 The Customer shall take the necessary measures to protect and secure any data (e.g. access data, passwords, etc.) made available to it by HOMAG. These include, among other things, adequate safeguards against access by unauthorized persons or abuse activities, such as, in particular, password procedures/password protection, automatic blocking, virus scanners and firewalls.
11.8 If unauthorized access, unauthorized use, an unauthorized copy, unauthorized forwarding or other unauthorized actions occur in connection with the use, the Customer shall notify HOMAG of this immediately in text form and shall immediately take all necessary measures and incur all costs to remedy the infringement in question.
11.9 The Customer is solely responsible for the interpretation and use of the information displayed or made available to it in connection with the Products, as well as for the decisions made on this basis and their (economic) consequences.
12. BREACHES OF DUTY ON THE PART OF THE CUSTOMER.
12.1 In the event of a material breach of contract for which the Customer is responsible in particular in the event of breaches of Sections 6, 11 or 13, in the event of default in payment on the part of the Customer or breach of statutory provisions HOMAG shall be entitled to suspend the provision of services for the duration of the breach or breach and/or to block the Customer's WEBSHOP Access. Further claims and rights of HOMAG, in particular to termination and damages, remain unaffected by this.
12.2 The Customer shall indemnify HOMAG against all claims, demands, expenses, costs and damages caused by actions and omissions in connection with the violation of Section 11 or the unauthorized or illegal use of the WEBSHOP. The Customer shall immediately inform HOMAG in writing of any demands, claims or fines asserted or threatened accordingly and at the request of HOMAG shall defend HOMAG against the respective assertion.
13. CONFIDENTIALITY
13.1 Each of the contracting parties undertakes to keep the Confidential Information of the other contracting party secret and to exercise the same care as with regard to its own business and trade secrets of similar importance, but at least a reasonable degree of care; this includes, among other things, adequate safeguards against access by unauthorized persons or abuse activities.
13.2 Confidential Information means all trade and business secrets of the contractual partners as well as all embodied or oral information and data, e.g. technical or business data, evaluations, plans, plans for product development and design, hardware, databases, software, codes and algorithms as well as documents or knowledge which the contractual partners exchange in connection with the use of WEBSHOP by the Customer and which are to be regarded as confidential at least by their nature.
13.3 If unauthorized access, unauthorized use, unauthorized copy, unauthorized forwarding or any other unauthorized action is made with regard to the Confidential Information of the transferring contractual partner or comes to its knowledge, the receiving contractual partner shall notify the transferring contractual partner immediately in text form and shall immediately take all necessary measures and bear all costs to remedy the respective infringement.
13.4 The obligation to maintain secrecy shall not apply to Confidential Information which (i) was lawfully known to the Receiving Party prior to its disclosure without any obligation to maintain secrecy, (ii) is or becomes publicly accessible for reasons beyond the control of the Receiving Party, (iii) has been lawfully communicated to the Receiving Party by a third party without any obligation to maintain secrecy, or (iv) has been or will become known to the Receiving Party prior to its disclosure without any obligation to maintain secrecy, (iv) have been developed independently by the Receiving Party without recourse to Confidential Information or in accordance with the exceptions set forth in this Section, (v) are to be disclosed pursuant to a binding administrative or judicial order or mandatory legal provision, provided that the other party has been informed in writing of the disclosure to the extent permitted by law, or (vi) have been expressly released by the Disclosing Party.
13.5 The contracting party invoking an exception must prove that the prerequisites have been met.
14. WARRANTY AND LIABILITY IN CONNECTION WITH THE PROVISION AND USE OF THE WEBSHOP FREE OF CHARGE
14.1 WARRANTY AND INDEMNITY CLAIMS OF THE CUSTOMER IN CONNECTION WITH THE PROVISION AND USE OF THE WEBSHOP ARE EXCLUDED, EXCEPT IN CASE OF FRAUDULENT CONCEAL OF A DEFECT BY HOMAG OR ITS VICARIOUS AGENTS. ANY FURTHER WARRANTY IS EXCLUDED.
14.2 HOMAG SHALL HAVE UNLIMITED LIABILITY IN THE EVENT OF PERSONAL INJURY, FRAUDULENT INTENT AND FOR ALL DAMAGE, INCLUDING CONSEQUENTIAL DAMAGE, CAUSED INTENTIONALLY OR THROUGH GROSS NEGLIGENCE BY HOMAG'S LEGAL REPRESENTATIVES, EMPLOYEES, VICARIOUS AGENTS AND SUBCONTRACTORS TO WHOM A TRANSFER OF DUTIES TOOK PLACE.
14.3 THE AFOREMENTIONED LIMITATIONS OF LIABILITY SHALL NOT APPLY IN THE EVENT THAT HOMAG ASSUMES AN EXPRESS GUARANTEE OR IN THE EVENT OF LIABILITY UNDER THE PRODUCT LIABILITY ACT.
15. TERM, TERMINATION
15.1 The User Agreement based on the registration of the Customer in the WEBSHOP shall be concluded for an indefinite term.
15.2 Subject to the following provisions, both parties may terminate the User Agreement at any time by giving 30 (thirty) days' notice to the end of the respective calendar month. The Services used free of charge by the Customer at the time of termination shall end automatically upon termination of the User Agreement.
15.3 The possibility for HOMAG or the Customer to terminate the User Agreement without notice for good cause shall remain unaffected. An important reason exists if facts exist which, taking into account all circumstances and weighing the interests of both parties, make the continuation of the User Agreement unreasonable for the terminating contractual party. This is in particular the case
15.3.1 in the event of a breach of a material contractual obligation, if the breach of duty was not remedied in due time despite a written warning within a reasonable period; no warning is required if the basis of trust for the further performance of the contract has already been shaken by the first breach of duty to such an extent that it cannot be restored (e.g. in the event of an intentional or grossly negligent breach by the Customer of Section 6);
15.3.2 if the Customer ceases or threatens to cease business operations, insolvency proceedings are applied for or opened or enforcement proceedings are instituted against the Customer;
15.3.3 if force majeure lasts longer than 2 (two) months.
15.4 If HOMAG is entitled to a right of withdrawal or termination under these Terms of Use, this shall not affect HOMAG's other statutory rights of withdrawal or termination or its other contractual or statutory claims for damages.
15.5 Ordinary terminations shall be declared effective by deletion of the Customer profile in the WEBSHOP, provided that this function is available in the WEBSHOP and otherwise at least in text form. Extraordinary terminations must always be made in writing in order to be effective.
16. CONSEQUENCES OF THE TERMINATION
Upon termination of the User Agreement, the Customer's access to the WEBSHOP and its right to purchase Products via the WEBSHOP shall end.
17. DECLARATIONS, COMMUNICATIONS
17.1 If the text form is required for declarations or messages under these Terms of Use, these can be declared by email. If, in exceptional cases, the written form is required, delivery of the letter by fax shall be sufficient.
17.2 Special notifications and declarations to the Customer are to be addressed to the contact data provided during the WEBSHOP registration of the Customer or alternatively to its business address. Messages and declarations concerning all or several Customers can also be published as Customer information in WEBSHOP.
17.3 Declarations to HOMAG shall be addressed to:
Address: HOMAG GmbH, Homagstraße 35,
72296 Schopfloch, Germany
EMail: info@homag.com
Fax +49 7443 13 2300
18. OTHERS
18.1 None of the contracting parties shall be entitled to assign rights or claims from the contractual relationship without the prior written consent of the other contracting party. Excluded from this is the assignment of rights or claims of HOMAG to WEBSHOP Partners in connection with the deliveries and services provided to the Customer by the WEBSHOP Partners.
18.2 These Terms of Use and their interpretation shall be governed by and construed in accordance with the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply. The exclusive place of jurisdiction for all disputes concerning rights and obligations arising from these Terms of Use, including their effectiveness, shall be the registered office of HOMAG.
18.3 Should individual provisions of these Terms of Use be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions of these Terms of Use shall not be affected thereby. The contractual partners shall immediately replace the invalid or unenforceable provision with one that comes closest to the legal and economic purpose of the invalid or unenforceable provision. Until then, such a provision shall be deemed to have been agreed. The foregoing shall apply mutatis mutandis to the closing of any loopholes in the contract.

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