General Conditions of Use for the Schaeffler E-Commerce Website
Any use of the web pages (“Schaeffler Website”) offered by Schaeffler Schweiz GmbH ("Schaeffler") shall be subject to these Conditions. By commencing use, the user accepts the validity of these Conditions of Use in their current version. If the user do not agree to these terms, he must not use the Schaeffler Website.
If the user order goods from the Schaeffler Website, the Schaeffler General Conditions of Sale and Delivery, see link in the footer of the Schaeffler Website, in their current version will apply to the sales.
Users of the Schaeffler Website hereby undertake and represent that the use of the Schaeffler Website takes place in the exercising of its profession and that the User doesn’t use the Schaeffler Website as a consumer. Further the User undertakes and represent that he is authorized by the company named on the “Check out page” to place orders on behalf of and for the account of the named company.
These General Conditions of Use may be supplemented, modified or replaced from time-to-time, e.g. for the purchase or sale of products and/or services.
2. Contents of the Schaeffler Website
On its website, Schaeffler has placed non-binding information as well as related documentation and software which may be called up or downloaded. Such placement shall be without any commitment and without any warranties as to completeness. Schaeffler may at any time in whole or in part block the Schaeffler Website or change the contents without any prior notice. Schaeffler does not accept any liability in relation to the uninterrupted availability of the Schaeffler Website.
3. Rights of Use
The use of the information, software and documentation available on the Schaeffler Website shall be subjected to these Conditions, or if the information, software and documentation are updated, such shall be subject to the applicable license conditions already agreed with Schaeffler. Any license conditions separately agreed upon shall prevail over these Conditions.
Schaeffler grants to the user a non-exclusive, non-transferable, non-assignable, non-sublicensable right to use the information, software and documentation available on the Schaeffler Website to the extent to which it is agreed between the parties, or, in case there is no agreement on this point, in accordance with the purpose intended by Schaeffler.
Software is only available in a machine-readable form at no cost. No right shall exist to the release of any source code. In case the license conditions of open source software have priority over these Conditions and require Schaeffler to make the source code available, such source code shall be made available in exchange for reimbursement of expenses.
Unless mandatory provisions govern to the contrary, the user may not change, reverse, develop, or reverse translate the software or its documentation or remove any part therefrom.
The information, software and documentation are protected by applicable copyright laws as well as other applicable laws related to intellectual property. The user shall observe such laws, and in particular any alphanumerical identification, marks or copyright notices shall not be removed from the information, software or documentation or from any copies thereof.
Any provisions of applicable copyright law regarding the protection of any software shall not otherwise be affected hereby.
4. Intellectual Property
Notwithstanding the particular requirements in section 4 of these Conditions of Use, any information, trademark names and other contents of the Schaeffler Website may not be changed, copied, reproduced, sold, rented, used, supplemented or used in any other way without the prior written permission of Schaeffler.
Except for the right of use and other rights expressly granted herein, the user shall be granted no further rights of any type whatsoever, in particular those to the company name or to industrial property rights, such as patents, utility models or trademarks, nor shall Schaeffler be subject to any corresponding duty to grant such rights.
5. Registration and Use of Protected Pages
The Schaeffler Website is protected by way of a password. Access to these pages is only possible for registered users for transactional business security purposes. There shall be no right to be registered by Schaeffler. In particular, Schaeffler reserves the right to make web pages previously freely accessible subject to registration. Schaeffler may at any time revoke a right of access by blocking the access data without providing any reasons therefor, in particular when the user:
• has provided false details for registration;
• has breached the Conditions of Use or its duties of care in relation to the treatment of access data;
• has breached applicable law in accessing or using the Schaeffler Website; or
• has been an inactive user of the Schaeffler Website for a longer period.
In the event that registration is permitted, the user shall provide accurate and correct details and must advise Schaeffler immediately of any changes. The user shall therefore ensure that it receives any e-mails sent to it at the e-mail address provided.
After registration the user shall receive a user name and password (user data). At the time of first access the user shall change the password provided by Schaeffler into a secure password. The user data allows the user to access its own data, to change such data, and, if necessary, to extend or revoke agreements to data processing.
The user shall ensure that the user data are not available to third parties and shall be liable for all orders and other activities taken under the user data. After each occasion of use, the area protected by password shall be exited. Insofar as the user becomes aware that any third party is misusing user data, the user shall immediately notify Schaeffler of such in writing, and, if applicable, in advance by e-mail communication. After receipt of such notification, Schaeffler shall block the access to the area protected by password for that user data. The lifting of any blocking is only possible after a special application by the user to Schaeffler or after a further registration.
The user may at any time in writing demand the deletion of any registration insofar as the deletion is not prevented by the processing of current contractual matters. In such case, Schaeffler shall erase all user data and all other personal data of the user as soon as such is no longer required.
6. References and Links
The Schaeffler Website may contain references and links (hyperlinks) to the websites of third parties. Schaeffler does not accept any responsibility for the contents of such websites, nor does Schaeffler make the contents of such websites its own, as Schaeffler cannot control any information connected by a third party link and is not responsible for the contents and information therein contained. Any use of linked websites shall be at the risk of the user.
7. Exclusion of Liability for Defects as to Title and Quality, Viruses
Insofar as any information, software or documentation is made available at no charge, any liability is hereby excluded for defects as to title or defects as to the quality of the information, software and documentation, and in particular for the correctness, defect-free nature, and the non-existence of property rights or copyright of third parties, completeness and/or usability except in cases of wilful acts or malice. Schaeffler hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
The information contained on the Schaeffler Website may include specifications or general descriptions of technical possibilities of products, which in individual cases (e.g. for reasons of changes in products) may not always be available. The required performance specification of the products should therefore be agreed prior to purchase in each case.
The liability of Schaeffler for any defects as to quality and defects as to title shall be determined by the provisions in sections 7.1 and 7.2 of these Conditions. Ceteris paribus, any liability of Schaeffler is excluded unless (i) mandatory law (e. g. the Product Liability Act) requires it, (ii) as a result of product liability law, (iii) as a result of wilful acts or gross negligence, (iv) as a result of death or personal injury, (v) as a result of the acceptance of a guarantee as to quality, (vi) as a result of malicious concealment of a defect, or (vii) because of the material breach of a contract. Any damages for material breach of contract shall however be limited to typical, foreseeable damages, insofar as wilful acts or gross negligence are not involved.
Schaeffler shall endeavor to keep the Schaeffler Website free from all viruses, however Schaeffler cannot give any assurance as to a virus-free environment. Before downloading any information, software or documentation, the user shall, for its own protection as well as to prevent viruses coming onto the Schaeffler Website, use suitable security measures and virus scanners. The User is responsible for implementing sufficient procedures and checkpoints to satisfy its particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
A reversal of the burden of proof shall not be assumed by any of the above provisions.
8. Obligations of Use
The user may not in regard to the Schaeffler Website:
• cause any damage or injury to any persons, in particular juveniles, or violate their right to privacy;
• act against good morals by its method of use;
• violate industrial property rights or copyright or other property rights;
• transmit any contents with viruses or so-called “Trojan Horses” or other programming which could damage software;
• provide, store or send hyperlinks or contents to which it is not allowed, in particular if such hyperlinks or contents are a breach of a duty of confidentiality or are unlawful; or
• distribute advertising or unsolicited e-mails (so-called "spam") or irrelevant warnings as to viruses, malware or similar, or request persons to participate in gambling, games, chain letters, pyramid schemes or any other similar actions.
• to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by Schaeffler may harm Schaeffler or users of the Website or expose them to liability.
• use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Schaeffler may block access to the Schaeffler Website at any time, in particular if the user breaches its duties under these Conditions.
9. Export Requirements
The transfer of information, software and documentation can be subject to the applicable legal provisions of export controls, in particular but not limited to the law of the EU or its member states or the US, due to its type or its purpose of use or its end use. The user confirms that he shall comply to the applicable provisions of export control law at all times.
10. Protection of Personal Data
Schaeffler shall, in compiling, using and processing personal data of the user, observe the applicable data protection regulations which may be viewed on the Schaeffler Website.
11. Collateral Agreements, Place of Jurisdiction, Applicable Law
Any collateral agreements to these Conditions of Use including any amendments of this clause shall be in the written form.
The place of jurisdiction is the registered seat of Schaeffler Schweiz GmbH.
The individual pages of the Schaeffler Website are operated by and are the responsibility of Schaeffler. These pages comply with the requirements of the specific country in which Schaeffler Schweiz GmbH has its registered seat. Schaeffler accepts no responsibility for the possibility that information, software and/or documentation in the Schaeffler Website may be called up or downloaded in places outside of the respective country. If users from countries outside of the respective country use the Schaeffler Website, they are themselves responsible for compliance with the applicable regulations of the respective country. Access to information, software and/or documentation on the Schaeffler Website in countries in which access is unlawful is not allowed. In such case, and should the user wish to contact Schaeffler commercially, the user should contact the Schaeffler representatives in the respective country.
These Conditions as well as the use of this website shall be subject to the law of the registered seat of Schaeffler Schweiz GmbH, thus the laws of the Switzerland; conflict of laws and the provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
Schaeffler E-Commerce Portal OEM Switzerland, Version 01 22.05.2019