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Terms of Use of the « B2B eShop »

BOLLHOFF OTALU SAS, legal address at ZI de l’Albanne, rue Archimède 73 490 La Ravoire, Chambéry company registrar 277 813 226, (hereafter „BOLLHOFF“)
 
These Terms of Use shall apply to the use of all Böllhoff eShop content available at www.eshop.boellhoff.fr.
The present conditions of use may be modified at any time without notice.
 
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.
Therefore Böllhoff accepts no liability for completeness, accuracy, usability, suitability for certain purposes or currency of the websites or the content described therein. Information displayed contained on this site does not represent any representation or warranty.
User commits to check the contents regarding their usefulness for his/her intended use thereof.
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 having knowledge in this respect.
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 on the Böllhoff eShop, including all content, are the exclusive property of Böllhoff and are reserved.
Any duplication, processing, distribution, public disclosure or dissemination, publication or any other manner of exploitation in whole or in part without prior written consent from Böllhoff is strictly prohibited and illegal and will be the subject of civil and criminal proceedings. It is strictly prohibited 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 displays links on its website in connection with third party Internet websites, the following rules 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 make any  representation regarding their content. This disclaimer 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 only for registered users. 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 notice. Böllhoff further assumes no liability in respect of uninterrupted availability of all files.
The files provided by Böllhoff are intended solely and strictly for information gathering purposes. Böllhoff reserves the right to alter, modify or delete the files/content/information at any time.
Using the download service by Customer implies his acceptance of these Terms of Use without reserve.
 
2.2 Protection disclaimer
The files and content which Böllhoff makes available for download from the website at eshop.boellhoff.fr 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 shall 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. Doing so they may be downloaded, saved and also printed.
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, 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 related 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 by Customer for his 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 no duplication, dissemination, processing, public disclosure or other exploitation, as described above, is possible.
Böllhoff is entitled to revoke the above right of use from the user at any time and without notice. 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 irrevocably by repeatedly overwriting it with a special program and to destroy print-outs irrevocably 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 to protect himself  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 public order provisions (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 requirements of the “Commission Nationale Informatique et Liberté“ (or „CNIL“) 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 at any time and without stating any reasons.
 
III. Applicable law- Forum of jurisdiction 
 
Any dispute relating to the execution or the interpretation of these Terms of Use is subject to French Laws and regulations.
If a dispute can not be settled amicably thanks to good faith discussions, the forum of jurisdiction relating to all legal disputes arising from or in connection with this website, its contents and information, downloads and use thereof shall be the of the competence of the Grenoble, France Courts.
 
End of Terms of Use
Version December 2016