Terms of use

Basis: Status 16.02.2018

Terms of use for Internet Service Platform

Preamble; essential definitions

Via the platforms https://mybuildings.abb.com or https://my.busch-jaeger.de Elektro GmbH ("Platform") the companies Busch-Jaeger Elektro GmbH, Lüdenscheid, the ABB Stotz-Kontakt GmbH, Heidelberg, and, if necessary, other companies connected in the meaning of § 15 AktG (Comanies Act) (jointly called: "ABB companies") as providers "Providers") offer the User ("User") the conclusion of agreements regarding the supply or services of all types via the Internet and the implementation of various agreements (on the Internet or outside the Internet), while the supplies/services within the agreements can be free of charge or subject to a charge. The term "Supplies" comprises the supply of goods and/or software; the term "Services" comprises service and work performances of all types, unless otherwise regulated.

For the time being, use of the platform is only possible in selected countries. The Provider reserves the right to extend accessibility to other territories. In addition, parts of the platform may be available only to a limited number of users.

For the notifications and explanations the User is responsible for "writing" or "written" which means that such can also be submitted in so-called text form, with which a readable explanation must be submitted on a permanent data carrier in which the person explaining the details has been named. A permanent data carrier is any medium that makes it possible for the recipient to store or save the explanation sent to him on the data carrier, that it can be accessible to him for a period adequate for its purpose, and suitable for passing the explanation on without alteration; here, for example, an e-mail suffices.

These terms apply to both for consumers (§ 13 BGB) and contractors as users, insofar as the area of application is not restricted by regulations.

1. Terms of use, additional terms

These terms and not the terms of the User apply exclusively to the use of the platform. The User declares his agreement with the validity of these terms of use at the registration (see item 2). In addition to these terms, further terms of use can apply for the use of special parts or functions of the platform, to which attention will be drawn during the first access to the relevant part of the platform.

For individual agreements which are prepared or concluded via the platform, further contractual terms apply independent of the terms of use which regulate the rights and obligations of the respective agreement concluded via the platform (see item 5).

2. User account

Use of the platform shall require that a user account for the User first be set up with the Provider. This user account serves exclusively for the use of the platform. To access to the user account, the User shall require an individual user name and an individual password. When creating the user account, the User shall define the user name and password independently. The User shall be responsible for keeping the aforementioned identification data confidential and protecting said data against access by third parties.

If the password is lost, it shall be possible to temporarily regain access to the user account with an initial password which the User can have sent on request to the User's saved e-mail address through the platform. After successful login to the user account, the initial password must be replaced immediately by a new individual user password for the User. The User shall bear the sole responsibility for the security of his e-mail account. The User shall be aware, for example, that if third parties gain access to his e-mail account, the data sent to said account for a new initial password would no longer be secure.

The User shall ensure that each of his personal security mechanisms (e.g. virus protection) on his devices connected to or used with the platform or the services thereof is maintained to reflect the latest technological advances. The User shall ensure that only persons authorized by him have the information necessary for access to the platform (especially user name/password).

3. Platform service offer and its use

The User shall have the option of using, through the platform, the respective services offered by the Provider and the option of concluding agreements, according to availability and accessibility (in the following jointly called "Services").

The content as well as prerequisites and utilization of the services result from the specifications in the platform or the respective terms of use. The User may use the services only for his commercial purposes and make the product of the services available or pass them on to third parties, but not the services themselves. The Provider reserves the right to provide additional services through the platform at any time or to restrict or temporarily or permanently discontinue services.

4. Remuneration for the use of the platform and the services

The use of the platform and services made available on it are initially free of charge, unless otherwise agreed in separate terms of use or agreements. The Provider reserves the right to charge a fee for the use of the platform or individual added functions (e.g. setup and making remote access possible via the platform). Independent of this, for agreements which have been concluded via the platform, the respective stated terms apply (e.g. for purchase or licence contracts).

5. Regulations for agreements that are concluded via the platform

For regulating the rights and obligations of the agreements concluded via the platform, irrespective of the separate contractual terms, the following provisions apply:

  • The supplies or services presented on the platform which cannot be used directly on the platform, but for which a separate agreement is to be concluded, ("Supplies or services") do not represent a binding offer of the Provider.

  • An agreement about the supply or service is established only when the Provider receives a corresponding order from the User and confirms this. This equally applies to a supply or service for which as an exception the price "€0.00" is specified.

  • The User waives the access of the acknowledgment of receipt (§ 151 BGB (German Civil Code)).

  • The access confirmation is no confirmation of order.

6. Interruption of access to the platform or the services; claims for defects, liability, exemption

Because the Provider merely makes available a communication platform on the basis of availability and also keeps it in a current condition free of charge, the User shall not be entitled to assert any claims for defects, except in cases of wrongful intent or malice. If the Provider makes the services available in whole or in part for a fee, the previously amended terms of use may apply. The Provider can also not guarantee the constant access to the platform, its services or communication via this platform.

Under no circumstances shall the Provider be responsible or liable for the interruption of access to or communication via the platform, e.g. in cases of general malfunction affecting Internet connections and Internet traffic or due to viruses and other attacks on the IT system by third parties, despite the use of appropriate security mechanisms involving the latest technology. Nor is the Provider liable when the platform (and/or its services or communication via the platform) is not available.

This means that the User alone shall bear the consequences resulting from a potential failure, interruption, missing accessibility or a restriction or termination of services.

Under no circumstances must the platform be used for activities which require approval or permission from public authorities or which result in the use of proprietary rights (especially copyright) held by third parties or illegal activities.

The User shall indemnify the Providers from any claims of third parties, which third parties in connection with the use of the services of the platform may assert against a Provider, unless the Providers have acted intentionally or with gross negligence.

Unaffected, however, remain claims of the User based on any agreements concluded in connection with the platform.

7. Liability arrangement in dependence of head office, legal residence or usual place of abode of the User

If there is a liability according to other provisions (especially according to item 6), the following provisions apply:

Section A:

The provisions contained in Section A shall apply (only) to Users who are consumers and whose head office, legal residence or usual place of abode is in Germany at the conclusion of the agreement:

Claims for damages by the User against the Provider, for any cause in law whatsoever, in particular due to a breach of duties under the obligatory relationship or as the result of tortious acts, are hereby excluded.

This does not apply to the extent liability is based on:

  • product liability law,

  • wrongful intent or gross negligence of the Provider or legal representative or employee of the Provider,

  • malice,

  • failure to comply with a guarantee granted,

  • damages due to culpable injury to life, the body or health or

  • negligent breach of a fundamental condition of agreement.

However, any claim for damages for a fundamental breach of agreement shall be limited to the foreseeable damage provided in standard contractual provisions, unless any one of the aforementioned circumstances is present. No change in the burden of proof to the detriment of the User is associated with the preceding provisions.

Section B:

The provisions contained in Section B shall apply to Users whose legal residence or usual place of abode (consumers) or head office (contractors) is not in Germany at the conclusion of the agreement:

Claims for damages by the User, for any cause in law whatsoever, in particular due to a breach of duties under the obligatory relationship or as the result of tortious acts, are hereby excluded.

This does not apply to the extent liability is based on:

  • unlawful intent or gross negligence; however, the exclusion also applies for unlawful intent or gross negligence on the part of employees;

  • product liability law (obligators liability); or

  • negligent injury to life, limb or health.

Section C:

The provisions contained in Section C shall apply to Users who are contractors and whose head office is in Germany at the conclusion of the agreement:

Claims for damages by the User, for any cause in law whatsoever, in particular due to a breach of duties under the obligatory relationship or as the result of tortious acts, are hereby excluded.

This does not apply to the extent liability is based on:

  • product liability law,

  • wrongful intent or gross negligence,

  • malice,

  • failure to comply with a guarantee granted,

  • damages due to culpable injury to life, the body or health or

  • negligent breach of a fundamental condition of the agreement.

However, any claim for damages for a fundamental breach of the agreement shall be limited to the foreseeable damage provided in standard contractual provisions, unless any one of the aforementioned circumstances is present. No change in the burden of proof to the detriment of the User is associated with the preceding provisions.

8. Applicable law

  • For Users who are consumers and have their residence or usual place of abode in Germany at the conclusion of the agreement, substantive German law applies under exclusion of the UN law on sales (CISG).

  • For Users who are consumers and who do not have their residence or usual place of abode in Germany at the conclusion of the agreement, substantive Swiss law applies under exclusion of the UN law on sales (CISG).

    Notes on the previous sub-points 8.a) and 8.b):

    According to Article 6 Section 2 of the Rome I Regulation this generally does not affect the compulsory regulations of the right in the state of general residence of the User who is the consumer and has his normal seat of residence in a state of the EU or a state of the European Economic Area (EEA), ("state of residence") when the Provider  

    1. exercises his professional or industrial activities in the state of residence or

    2. organizes such activity in any way in this state of residence or in several states, including this state of residence.

  • For Users who are not consumers (contractors) and have their head office in Germany, substantive German law applies under exclusion of the UN law on sales (CISG).

  • For Users who are not consumers (contractors) and have their head office outside Germany, substantive Swiss law applies under exclusion of the UN law on sales (CISG).

9. Legal disputes

  • For consumers as Users with legal residence or usual place of abode (at conclusion of the agreement) in Germany:

    If, once the agreement has been concluded, the User should move his legal residence to a location outside of Germany, then the place of jurisdiction for any action brought against the User shall be the registered office of the Provider; this shall also apply if the legal residence or usual place of residence of the User is unknown when the action is brought.

    Note according to § 36 of the law of consumer dispute settlement: The Providers do not take part in voluntary dispute settlement proceedings before a German consumer dispute settlement agency. There is no legal obligation.

  • For consumers as Users with legal residence or usual place of abode outside Germany at the conclusion of the agreement:

    Here the non-exclusive place of jurisdiction Lüdenscheid, Germany, is agreed. Exclusive places of jurisdiction, e.g. for the legal default action, remain unaffected.

    Note: This means that a party in connection with these conditions has the choice to make a claim at the place of jurisdiction Lüdenscheid or a different court in accordance with the legal regulations, while exclusive places of jurisdiction remain unaffected.

  • For contractors with head office in Germany at the conclusion of contract: Place of jurisdiction is Lüdenscheid, Germany.

  • For contractors with head office outside Germany at the conclusion of the agreement: All disputes, conflicts of opinion or claims from or associated with this agreement, including its validity, invalidity, breach or dissolution, are to be decided by means of arbitration proceedings according to the Swiss international arbitration statutes of the Swiss Chambers' Arbitration Institution. The currently valid version of the arbitration statute applies at the time the initiating complaint is served. The seat of the arbitration proceedings shall be Zurich. The language of the arbitration proceedings shall be English.

10. Contract partner and contact information of Busch-Jaeger

Busch-Jaeger Elektro GmbH

Freisenbergstrasse 2

58505 Lüdenscheid, Germany

In case of questions, claims and complaints you can contact our central sales service from Mondays to Fridays between 7:30 a.m. to 5:00 p.m., Saturdays between 8:00 a.m. to 1:00 p.m. via e-mail at info.bje@de.abb.com and via telephone number (customer hotline): 0049 (0) 2351 956 1600.

11. Amendments to these terms of use, revocation of the right of use

Amendments to these terms of use shall be disclosed to the User in written form no later than six weeks prior to the date on which they are to come into force. If the User continues its use, the new terms of use shall apply from the announced date on which they are to come into force. The Provider shall draw the special attention of the User to the effectiveness of the approval and to the amendments during the notification. If the User objects to the new terms of use, the User shall discontinue its use starting from the announced date on which said terms are to come into force. The Provider shall also be entitled to revoke the User's right to use the provided services with immediate effect and to block the User's user account. The User shall be entitled to terminate this agreement without prior notice and without charge prior to the specified date of the amendments coming into force.

The Provider's ability to amend the provided services and the content of the services at any time shall not be affected thereby.

12. Data protection

The Providers adhere to the valid legal regulations applicable to data protection. For data that are entered by the User in the platform, the relevant data protection declaration stored there applies.

Special data protection declarations may apply to products or services purchased or made available via the platform (e.g. purchase, license), which are then appropriately announced in connection with the respective products.

13. Secrecy; validity also for information with regard to late use

The parties obligate themselves to keep all information and documentation of the Provider that becomes known to them, or to persons associated with them, confidential when dealing with third parties and not make said information and documentation accessible to third parties in any manner whatsoever. They shall also place any persons involved on their own side under appropriate obligations to preserve confidentiality.

14. Export control

For any agreements concluded or implemented via the platform, the following provisions apply:

In order to comply with national and international foreign trade regulations/laws, the parties will support each other and provide all necessary documentation and information, such as relating to the registration of items to be exported in export control lists or to the final destination and end use of the products. Neither party is obliged to perform its obligation under the agreement in breach of any statutory or internal export control regulations. The Provider shall have the right at any time to withdraw from the agreement, without incurring any liability for either party, if

  • the User despite request, does not provide either any or sufficient enough information about the final destination and the end use of the products;

  • the Provider obtains knowledge of an unintended end use after tendering or knowledge of any previously unknown person involved in the business and cannot perform the agreement due to any export control or intra-group regulations;

  • the products or services are intended for military end use, civil nuclear use or for use in connection with weapons of mass destruction or for missiles capable of delivering such weapons; substantive evidence shall be sufficient to prove this intent; or

  • a possibly illegal or unlicensed export or an infringement of embargo rules cannot be fully ruled out.

15. Term and termination of the agreement

This agreement shall come into force upon the User's acceptance, on the webpage provided by the Provider, of these terms of use and of any other requirements indicated.

The agreement shall have an unlimited term. The agreement can be terminated by both parties with a notice period of 4 weeks. The User can (aside from the declaration of termination to Busch-Jaeger Elektro GmbH, Freisenberstraße2, D-58505 Lüdenscheid, central sales service, which shall be put in writing) also serve notice by deleting his customer account.

The User's right of use shall expire automatically without notice if the User violates any term of this agreement. If the violation does not concern a fundamental breach of the agreement, this consequence shall only apply (i) after a repeated breach of the same or a similar duty, or (ii) after the User has, to no avail, been warned with a request to resolve the condition created by the breach of duty. Upon termination of the right of use/agreement, all user data shall be permanently deleted.

16. Final provisions

The terms and conditions set forth herein shall apply exclusively. User terms and conditions which deviate from or supplement said terms and conditions shall not be binding on the Provider, even if the Provider does not state any objection. This shall also apply in the event that the User states his intent to conclude the agreement solely on its own terms.

Any amendments and additions to these licensing terms must be made in writing.

Should individual provisions of this agreement become invalid, the validity of the remaining provisions of the agreement shall not be affected thereby. The invalid provisions are to be replaced by a provision which most closely approximates the economic intent of the invalid provisions.