Terms of use

Terms of Use for Böllhoff, S.A.’s B2B online store.


These Terms of Use govern the use of all content on the Böllhoff online store at eshop.boellhoff.es.


We will notify you in writing, by fax or by email of any changes to these Terms of Use. If you do not object to such changes within four weeks of receiving the notification, it will be considered that you have accepted these modifications. In the event of a modification, we will remind you again of your right to object and the legal consequences of any omission.


I. General Terms of Use
Website content
The content of the Böllhoff website has been created and maintained with great care and good faith.
However, Böllhoff assumes no responsibility for the completeness, accuracy, usefulness, suitability for specific purposes or currency of the websites or the content displayed on them. The information on this page does not constitute any representation or warranty.
The user is obliged to check or have the content checked in advance, ensuring that it can be used for the intended purpose.
In accordance with Article 17 of Law 34/2002, of 11 July, on information society services and electronic commerce (LSSI), Böllhoff is responsible, according to general regulations, for its own information contained on the Böllhoff websites.
Böllhoff is not obligated to monitor external content or information provided or stored on Böllhoff’s websites.
Böllhoff will immediately remove illegal information and external content from Böllhoff’s websites upon becoming aware of it.
Böllhoff assumes no responsibility before that moment.

Protection of rights
The content displayed on Böllhoff’s websites is protected and subject to copyright laws and other intellectual property protection laws. This includes all texts, images, graphics, patterns, drawings, technical documentation, data sheets, designations, trademarks, logos, audio files, video files and any other type of file, all of which are protected by law. All rights to the Böllhoff online store, along with its entire content, are owned by Böllhoff and reserved.
Any duplication, processing, distribution, public disclosure, publication or any other form of total or partial exploitation conducted without the prior written consent of Böllhoff is illegal and will be subject to civil and criminal proceedings. It is strictly prohibited to copy or make the content displayed on this website publicly available on other websites or in any other form. Creating public versions of this site or its parts is prohibited, and integration of this website or its parts into other websites is not allowed.

Publishing links to this website without the prior written consent of Böllhoff is strictly prohibited.

External links

We are not responsible for links to third-party content.
If Böllhoff includes links on its website directing to third-party websites, the following conditions apply:
We have no influence over the design and content of the pages linked to. The responsibility for such content lies solely with the operators of those websites. Furthermore, we explicitly disassociate ourselves from all content on third-party websites whose links are displayed on our page, and we do not endorse their content. This statement applies to all displayed links and the content of the websites to which the links lead. When including these links, we had no knowledge of any illegal content on these websites. As soon as Böllhoff becomes aware of any infringement, it will remove the corresponding links from its websites.
Böllhoff assumes no responsibility for links to third-party websites regarding their external content.

Availability
Böllhoff is not responsible for the continuous availability of this website on the Internet. Böllhoff may modify, improve, correct, take offline or close this website and the content provided on it at any time and without prior notice.


II. Special Terms of Use for CAD file or other file downloads

These special Terms of Use govern the downloading of CAD files or other downloadable files offered by Böllhoff on its website.

2.1 Download
Böllhoff provides registered users with the opportunity to download CAD files or other files (e.g., technical data sheets) free of charge. Only registered users can execute downloads. The registration process is detailed in Section 2 of our Terms and Conditions and is exclusively available to businesses, merchants, sellers and legal entities in the public sector.
It is strictly prohibited to disclose usernames and passwords to third parties.
CAD files or other files are made available for download voluntarily between Böllhoff and its customers, subject to the usage restrictions outlined in Section 2.3. Böllhoff reserves the right to modify or discontinue the download option without providing reasons. Böllhoff assumes no responsibility for the uninterrupted availability of the files.
Files provided by Böllhoff are intended for informational purposes. Böllhoff reserves the right to alter, modify or delete files, content or information at any time.

Downloads are subject to the Customer’s agreement with these Terms of Use.

2.2 Legal notice on protection

The files and content offered for download by Böllhoff on the eshop.boellhoff.es website are protected by copyright or recognised as another form of intellectual and industrial property belonging to Böllhoff and its affiliated companies.
The trademarks, other distinctive signs and copyrights of Böllhoff must not be altered or deleted.

2.3 Right of use
Böllhoff grants the registered user a simple, revocable, non-exclusive and non-transferable right to use the downloads, subject to the following conditions:

a) Downloads may only be used to gather information and display data to facilitate commercial transactions within the context of a business relationship with Böllhoff. They may only be used for the benefit of companies registered in the Böllhoff online store. To achieve this purpose, they may be downloaded, saved and printed.


  1. b) Except for downloading, saving on the registered user’s computer and printing for the purpose of gathering information and displaying data, the user may not reproduce the CAD file, its content or information (or other files, content and information). Nor may they distribute them (in any medium), make them publicly available, display them on their own website or that of a third party, copy them to such a location, make them publicly available or allow them to be made publicly available, insert them, reproduce them or display them in public or exploit them in any other way, electronically or otherwise. Editing or modifying the file is also prohibited unless prior written consent has been requested and granted by Böllhoff or the rights owner. Using the data in competition with the service provider is strictly prohibited.

  2. c) Any sale to third parties and/or disclosure to third parties is strictly prohibited.

  3. d) Use for self-advertising or promotional purposes in any format, digital or analogue, is strictly prohibited.

    When the user stores data on a server within a network, they shall ensure that no duplication, dissemination, processing, public disclosure or any other form of exploitation occurs.
    Böllhoff reserves the right to revoke the user’s aforementioned right of use at any time and without providing any reason for it. Once the user has received notice of the revocation, any subsequent use on their part will be deemed illegal, and legal measures will be taken. Furthermore, the user must promptly delete the downloaded data in a manner that renders it unrecoverable, overwriting it repeatedly with a special program and destroying physical copies so that they become irretrievable through shredding.

    4. Responsibility


Downloads and their contents are provided voluntarily and without guarantees, representations or agreements regarding functions or features.
The user assumes responsibility for downloading the files.
Böllhoff accepts no responsibility for the accuracy, completeness, quality or usefulness of the downloaded CAD files or other files, including their content, information or documentation, nor for the intended results or those achievable through the use of CAD files or other files. Böllhoff also disclaims any responsibility for any damage or loss resulting from the use of downloads, such as business interruption, loss of profit or loss of information and data.
Liability for damages or losses caused by viruses, malicious software, trojans or similar programs, or by the destruction, deterioration or disconnection of systems, networks or parts thereof, is also excluded. The user agrees to take appropriate measures to protect against viruses and other harmful programs or any other type of attack. Böllhoff is not responsible for file manipulation and its content by third parties or for the consequences of unauthorised third-party access to the Böllhoff network and its subsidiaries.

This disclaimer does not exempt from liability in cases of death, personal injury or harm to health, as well as other mandatory responsibilities such as bad faith or gross negligence, fraudulent concealment of defects, assuming a warranty or strict liability for defective products under Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Defence of Consumers and Users and other complementary laws (TRLGDCU), and liabilities under the Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights (LOPD), or in case of a breach of fundamental contractual obligations. The latter is restricted to normal and foreseeable damages/losses without bad faith or gross negligence. This disclaimer is applicable to both Böllhoff and all companies within the Böllhoff group, including their legal representatives and employees.


2.5 Access permission


Böllhoff reserves the right to remove or disable download access permission for individual registered users if they violate or contravene these Terms of Use or at any time without indicating any reason.


III. Applicable law and jurisdiction

The laws of the Kingdom of Spain shall apply, expressly excluding the commercial and contractual rights of the United Nations.
The Courts and Tribunals of Madrid (Spain) shall have jurisdiction over disputes arising from or related to the contractual relationship between Böllhoff and the Customer, concerning this website, its content and information, its downloads and its use.

 


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