General Terms and Conditions for the use of the Partsfinder Online Parts Catalogue
Belonging to the companies Ferdinand Bilstein GmbH + Co. KG and Bilstein Handel GmbH + Co. KG
05/2017 edition
General Terms and Conditions for the use of the Partsfinder Online Parts Catalogue belonging to the companies Ferdinand Bilstein GmbH + Co. KG and Bilstein Handel GmbH + Co. KG
1. Object of the contract
1.1 Ferdinand Bilstein GmbH + Co. KG, Wilhelmstrasse 47, 58256 Ennepetal (hereinafter referred to as “febi”) provides its customers with a febi platform via the URL partsfinder.bilsteingroup.com, where consumers (within the meaning of Section 13 of the German Civil Code (BGB), i.e. natural persons who enter into a legal transaction for purposes that are predominantly outside their trade, business or profession) and entrepreneurs (within the meaning of Section 14 BGB, i.e. natural or legal persons or partnerships with legal personality who or which, when entering into a legal transaction, act in exercise of their trade, business or profession) may use the online catalogue operated by febi (hereinafter referred to as “partsfinder”).
1.2 Any of the customer’s terms and conditions that differ from or supplement these terms and conditions shall not become part of the contract even if febi does not expressly object to them.
1.3 partsfinder is available for use 24 hours a day, 365 days a year (“system runtime”). febi guarantees the availability of the software at an annual average of 98.5% (the Service Level Agreement, also referred to as the “SLA”). If maintenance work is required and partsfinder is therefore not available, febi will inform the customer about this in a timely fashion, where possible. Failure of the software application as a result of maintenance work shall not be considered part of an SLA. febi is not responsible for internet or network downtime and especially not for downtime where the hardware and software cannot be accessed via the internet as a result of technical or other problems that are outside febi’s control (such as force majeure, third party fault etc.).
2. Registration and use of febi’s platform
2.1 It is possible to use partsfinder without registering and creating a customer account. However, not all of partsfinder’s features are available to customers who do not have a customer account. Information about which features are available with and without an account can be found here.
2.2 The customer can register by entering the data required for registration on the registration page and clicking on the “REGISTER HERE” button.
2.3 Once the registration process described above has been completed, febi will provide the customer with login information. The customer is responsible for keeping the password confidential. The customer will keep the password for access confidential, will not share it, will not allow or enable third parties to gain access to it, and will take any measures necessary to ensure it is kept confidential.
If this information is used incorrectly or is lost, or if the customer suspects that it has been lost or used incorrectly, this must be reported to febi by e-mail at partsfinder@bilsteingroup.com.
3. Warranty
3.1 It shall be considered a defect if performance under the contract does not meet the quality requirements agreed in the contract. The quality agreement shall be determined exclusively by the description of services in partsfinder.
3.2 febi shall provide a warranty for defects in contractual services in accordance with statutory provisions and in accordance with Section 5, provided that the impairments are not based on restrictions in availability (SLA), which is definitively dealt with in Section 1.3. For the purposes of clarification: services offered free of charge are done so free of warranty.
3.3 The customer will support febi in remedying defects without charge and in particular will provide all necessary documents, data, etc., which febi needs to analyse and remedy the defects.
3.4 Information regarding quality and service life, along with any other information, can only be considered a guarantee in a legal sense if it has been expressly designated as such.
4. Liability
4.1 The customer shall have no right to claim damages. This shall not apply to claims for damages from the customer that result from injury to life, limb or health or from the breach of material contractual obligations (cardinal obligations) or from liability for other loss or damage caused by intentional or grossly negligent breach of duty on the part of febi, its legal representatives or vicarious agents. Within the meaning of these general terms and conditions, cardinal obligations are those obligations that allow the contract to be executed properly and its purpose to be achieved, and on compliance with which the customer can therefore rely as a matter of course.
4.2 For simple negligent breach of cardinal obligations, febi shall only be liable for loss or damage that was foreseeable and typical for this type of contract, unless it involves claims for loss or damage from the customer that result from injury to life, limb or health. Claims for damages in accordance with Section 6.2 expire within 12 months.
4.3 Any liability for guarantees and claims provided - and expressly designated as such - under the German Product Liability Act shall remain unaffected.
4.4 The limitations of liability mentioned above shall also apply to the benefit of febi’s legal representatives and vicarious agents, if claims are asserted directly against them.
5. Term and termination
5.1 The agreement regarding use of partsfinder shall last for an indefinite period. It may be terminated by either party at any time with a notice period of seven days.
5.2 The statutory right to extraordinary termination without notice for good cause shall not be affected.
5.3 Notice of termination must be given in writing (by letter, fax or email, for example).
5.4 After termination, febi will delete the customer's account and all data stored in it.
6. Legal venue and place of jurisdiction
6.1 The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Sales Convention.
6.2 In the event of legal disputes, Ennepetal has been agreed as the exclusive place of jurisdiction, although febi is also entitled to bring legal action against the customer at its general place of jurisdiction.
Last updated: May 2017