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I.General provisions
1. This General Terms of Use apply
to legal relationships between Eoslift and the user of this
webpage. Solely the English version applies. Eoslift expressly
disagrees with conflicting or differing terms of the user.
2. Eoslift withholds the right to modify
or to amend this General Terms of Use at any time.
3. By visiting this website, the user
confirms to agree with this General Terms of Use.
4. If parts or phrases of this text
do not comply with the actual legal requirements, the remaining
contends shall stay unaffected.
5. Eoslift is a professional manufacturer
and OEM supplier of material handling equipment, engineering
machinery and vehicle repair tools. The company only contracts
with entrepreneurs, but not with private customers.
II.Declarations on offers, pricing
and items, contract conclusion
1. Declarations on items presented
on this website including illustration, pricing, quantity,
quality, availability and delivery conditions do not imply
a binding offer in the legal sense, but an invitation to the
user for presenting his offer. Therefore the declarations
made by Eoslift can not be regarded as binding. Only an order
placed by the user in written form (e.g. by e-mail or fax)
will be regarded as his binding offer for concluding a contract
with Eoslift.
2. A contract between the user and
Eoslift is closed when the user receives a written and so
named acceptance of order by Eoslift. The acceptance of order
includes particulars of the order. If the acceptance of order
varies from the user's order, it is held to be a new offer
provided by Eoslift, which requires a written acceptance by
the user.
3. All sales contracts between Eoslift
and the user include the General Terms of Sale provided by
Eoslift.
III.Use of the website
1. Eoslift exercised highest care developing this website.
Nevertheless, Eoslift can not guarantee continuous and undisturbed
access to this website due to technical circumstances which
can not be controlled by Eoslift.
2. All activities which access to the infrastructure of this
website, systems or networks are prohibited. The user agrees
to not using tools, software or routines in order to disturb
the correct functions of this website or potential businesses
transacted via this website. This especially includes hacking,
password mining, or other unauthorized access by unlawful
methods.
IV. Registration, Password
1. Some parts of the website are password protected. The access
to these parts is only possible for registered users in order
to protect the safety of business transactions. The protected
areas can provide information for the user about the process
of his order. There is no claim to the registration, and access
is only available for entrepreneurs. Eoslift especially reserves
the right to submit previously freely accessible parts to
obligatory registration. Eoslift is at all times authorized
to cancel the access authorization by means of blocking the
access data without being obliged to give reasons as long
as the blocking does not breach the trust within the scope
of an orderly business transaction. A blocking is especially
considered when the user gave wrong information when registering,
or if he violates these conditions or his due diligence when
dealing with the access data.
2. The user is obligated to use truthful information for registration
and to enter any changes immediately as far as possible within
the option "registration" or to inform Eoslift in
written form (letter, fax, email) of any possible changes.
The customer has to make sure that his reachability via email
is guaranteed so that emails from Eoslift can reach him. He
should therefore especially check the security settings such
as the spam-filter and possible junk mail-accounts.
3. Upon request, Eoslift registers
the user and sends him name and password (in the following
also referred to as "user data") for login. For
the first-time access the user will change the password that
he was given by Eoslift into a password only known to the
user. The user data enables the user to view his data or to
change it.
4. The utilization of the data can
be freely defined in the user's profile after the registration;
the user can also delete the profile. Cookies are only used
at the user's request so that each customer can permanently
individualize the website.
5. The user makes sure that the access
data is not accessible by a third party. He is liable for
all activities that are undertaken by a third party provided
that the user can be charged with fault. After each utilization
the area that is protected by a password is to be left. In
case that the user finds out that a third party is misusing
the user's data, the user is obligated to inform Eoslift immediately.
In order to do so the user should use the contact function
on the website.
6. After receiving a notification pertaining
to cipher IV.5, Eoslift will block the access of the affected
user's password protected area. A cancellation of the blocking
is only possible after a separate application by the user
with Eoslift or after a new registration.
7. The user can request the deletion
of his registration at all times in written form. In such
a case Eoslift will erase the user data and all other saved
personal data regarding the user, provided that it is not
needed anymore for the proper processing of the contract.
V.Exemption from liability
The user benefits from the information provided on this website
at his own risk. The information are collected and actualized
with high care. Nevertheless, they are only provided for general
information. Eoslift does neither assume liability or warranty
for correctness, up-to-dateness or completeness of the information
available on this webpage, nor permanent or undisturbed access
to the information.
VI.Copy right
All graphics, pictures and texts shown on the website www.eoslift.com
are subject to Eoslift's copy right unless otherwise noted.
Using or copying requires Eoslift express authorization. Unauthorized
use or other infringements of the copy right will be pursued
under civil and criminal law.
VII. References & links
1. Links to other websites are only provided for the user's
convenience. Eoslift does not adopt such contends as its own,
and it does not support such contend. The user visits linked
websites on his own risk.
2. It is allowed to link this webpage after consultation with
Eoslift.
VIII. Data protection
Data relevant for business transactions in the sense of paragraph
28 German Data Protection Act (BDSG) is stored and processed
by computer systems. The data will be used for business conducts
with the user only. All user data are stored, processed and
deleted in accordance with the relevant regulations, especially
with the German Data Protection Act (BDSG) and with the Tele
Services Data Protection Act (TDDSG). The user has the right
for information free of charge, for correction, for blocking
and cancellation of the stored data according to paragraphs
34, 35 BDSG.
Date: July 2009
©Sonnenberg Law Firm Dusseldorf
-Hamburg-Berlin, www.ra-sonnenberg.de
All rights reserved
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