Primetals Technologies Germany GmbH
General Terms and Conditions of Use of “Webshop”
(March 1st, 2021)
1. Scope of application
1.1 Via https://eashop.primetals.com/ Primetals Technologies Germany GmbH ("Primetals") offers access to “Webshop” to its customers ("User"). These General Terms and Conditions of Use ("Terms") shall govern the use of websites of the “Webshop” and of Information available on those websites (hereinafter collectively referred to as "Information"). Use of Information shall be permissible exclusively in accordance with and subject to the following provisions.
1.2 The User agrees to these Terms by starting use of “Webshop”.
1.3 Individual transactions within “Webshop” shall be subject to the relevant special terms and conditions of Primetals (“Webshop” – Sales Conditions) in addition to these Terms. In case of any contradiction the relevant special terms and conditions shall prevail.
2. Purpose
2.1 The Information stated on Primetals websites shall constitute no binding offer. A contract between Primetals and the Customer shall only come into effect, as per “Webshop” – Sales Conditions.
2.2 Unless stated otherwise, Information on “Webshop” is provided free of charge. Primetals reserves the right at any time and without prior notice to modify the nature and scope of provided Information in whole or in part as well as the scope of and conditions for offered services or to discontinue the offer.
3. Copyright and right to use Information
3.1. Information provided in “Webshop” is protected by law and by bilateral agreements based on the relevant terms and conditions accepted by User.
3.2. Unless agreed otherwise on a case-by-case basis, Primetals shall grant User a non-exclusive and non-transferable right to use Information for the sole purpose (i) of preparing a transaction in “Webshop” and (ii) for utilizing any product or service, if purchased, for its reasonably intended purpose. Any other use of Information, in particular reproduction, dissemination, presentation and any other processing and editing shall only be permitted with Primetals’ express prior written consent. Any copyright notes and comparable notes shall in any case be taken over unchanged.
4. Registration
4.1. Use of “Webshop” shall be subject to prior registration of the User. User shall provide personal data, when requested, complete and correct and shall update such data in case of changes without delay by written notice to Primetals.
4.2. Upon registration Primetals shall provide the User with an access code and a password ("Access Data"). The authorized representative of the User shall be deemed the registered contact. Access Data shall be kept secret by the User and shall not be disclosed to third parties. If the User has reason to believe that his Access Data may have become known to third parties, he shall immediately inform Primetals thereof in writing and via e-mail in advance ("Block Notice") and Primetals will block the Access Data as soon as possible. Acts of omissions by third parties which are made through use of the User's Access Data shall be attributed to the User.
4.3. Primetals shall at any time be entitled to revoke the access right by blocking the Access Data in its own discretion and without having to state reasons, in particular if the User provided false details for registration, has violated these Terms or has failed to exercise due care regarding the handling of Access Data. The User may at any time waive his registration by written notice to Primetals.
5. Data Protection
5.1. The personal data transmitted by a User shall be processed by Primetals exclusively within the scope of the applicable provisions of data protection law. Primetals undertakes not to pass on to third parties the data collected, processed and stored in the course of registration and use unless there is a statutory or officially imposed obligation to do so or if the User has given his consent to such passing on.
5.2. User is aware that data transfer via the internet is, as a matter of principle, not made in a secured manner. Thus data may get known to unauthorized persons and may also be falsified.
6. Hyperlinks
Websites of Primetals may contain hyperlinks (electronic references) to websites of third parties. Primetals shall not assume any responsibility for availability or the contents of those websites and shall not possess itself of the contents of third parties. Use of websites of third parties shall be at the User's own risk.
7. Access to “Webshop”
Primetals shall be entitled at any time, without notice and without having to state reasons to block access to the “Webshop”, in particular if it has reason to believe that the User or third parties attributable to him violate the obligations under this Terms and Conditions of Use. The customer shall indemnify and hold Primetals harmless from and against all claims of third parties which result from non-compliance with the obligations of this Clause by the User or third parties attributable to him.
8. Liability
Use of the ”Webshop” and Information shall be at the User's own risk. Any liability on the part of Primetals shall be excluded.
9. Choice of law, place of jurisdiction
These Terms and the use of Information shall exclusively be governed by German law with his conflict of laws rules being excluded. Applicability of the Convention on Contracts for the International Sale of Goods ("UN Sales Law") is excluded. The exclusive place of jurisdiction shall be Erlangen, Germany.
10. Other provisions
10.1. If individual provisions of these Terms are or become ineffective in whole or in part, the validity of the remaining provisions shall not be affected.
10.2. The User undertakes to comply with all export regulations applicable to the use of Information and the ”Webshop”, in particular with those of the Federal Republic of Germany, of the European Union and of the United States of America.
