and Customer Information
for the GIGANT Spare Parts Shop
between
GIGANT GmbH, Märschendorfer Straße 42, 49413 Dinklage
– hereinafter: „
GIGANT“ –
and
Companies which wish to use the GIGANT Spare Parts Shop
– hereinafter: “
Customer” or “
You” –
1. Customer Information, Ordering Process
1.1 You can retrieve and save
this document as a pdf-document. In order to view and print the pdf-file you have to download the pdf-viewer under the
following internet address.
1.2 When you enter into a contract on items to be ordered by you the following technical steps apply:
a) After successfully registering and logging in you may choose the products that you wish to order and place them in your shopping cart using the button “Into the Shopping Cart”.
b) After placing the products that you wish to order in the shopping cart you may add further data with regard to your orders in the next step (e.g. short term order/stock orders etc.).
c) By clicking the button “Next Step” you may choose to add your own reference number with regard to yourself as a customer in the second step of the shopping cart. Furthermore, you may determine other recipients of the goods or select the mode of shipment and dispatch options. By clicking the button “Next Step” you are leaving this step.
d) In the third and last step of the shopping cart you are given an overview of the data gathered up to this point. You will be referred to these conditions – and to additional GIGANT general terms and conditions - again and you must expressly agree to them by clicking the respective button.
Following this you may send your order to GIGANT by clicking the button “Order With Costs”.
e) You may change the data inserted under each of the above-mentioned steps by clicking the button “Change”.
f) After sending your confirmation a summary of the order details that you have just sent is shown. The Spare Parts Shop System will send you an e-mail confirming the receipt of your order soon afterwards. This confirmation does expressly not constitute the acceptance of your offer to enter into the purchase contract with regard to the ordered item.
g) In the next step GIGANT reviews whether the order is complete and conducts further review that is relevant for the acceptance or non-acceptance of the order.
h) After successfully completing these reviews GIGANT sends you an order confirmation which constitutes GIGANT’s acceptance of your offer to purchase the respective item. GIGANT reserves the right to accept any orders within maximally five working days.
1.3 The Customer can view the text of this Agreement in the context of the ordering process, and he/she can save and print this text. The Customer may view his/her data of purchases via the Spare Parts Shop of GIGANT if the Customer logs into his/her customer account. Furthermore, the text of this Agreement is also permanently stored by GIGANT in the Spare Parts Shop. GIGANT stores the relevant data for an order confirmation according to no. 1.2 lit. h). The order confirmation is available for You in the form of the e-mail that is sent to You. Please store this e-mail carefully for yourself.
1.4 Prior to sending the order the Customer may at any time change all of the data inserted by him by clicking the button “Change”.
1.5 The contractual languages shall exclusively be German and English.
2. Subject Matter and Scope
2.1 GIGANT allows you to access the spare parts shop (“Spare Parts Shop”) which is accessible via the internet in order to place online orders within the framework of the operation of this application as provided by GIGANT. The use of the Spare Parts Shop is restricted to companies. After receiving your access data, the Spare Parts Shop not only provides you with product information, but also permits you to order specific spare parts by electronically transmitted declarations. When you are planning your operational processes, please take always into consideration that GIGANT must reserve the right to change the Spare Parts Shop or to limit its availability. In such case, please revert to the order channels that were available before the Spare Parts Shop. On this basis, the following terms and conditions shall apply with regard to the use of the Spare Parts Shop.
2.2 The further contractual arrangements for the sale of spare parts ordered by you and the Privacy Statement for the Spare Parts Shop shall also apply. They shall remain unaffected by these terms and conditions.
3. Access Data
3.1 GIGANT allows you to register yourself online as a new user of the Spare Parts Shop. In order to register yourself you must fill in the fields marked as mandatory (form of address, first name, last name, e-mail address, company name, VAT identification number, street and house number, postcode, city, country and landline phone number as well as - in case of new customers - the future form of payment and – in case of existing customers – the GIGANT-customer identification number). Furthermore, you must agree to the GIGANT conditions of use. Your data thus established will be thoroughly reviewed by us and shall be registered in accordance with the principles of orderly data processing.
3.2 We will set up your access to the Spare Parts Shop once we have successfully completed the review of the data. We will notify you by an e-mail that provides you with your login data and an initial password. You will be provided with an individual login consisting of a user name and an initial password.
3.3 The initial password will only serve for the initial log in to the Spare Parts Shop.
4. Obligations against the Abuse of the Spare Parts Shop, Updates
4.1 The provided login data permit you to initially log in to the Spare Parts Shop. You may then change and complete your personal data. In order to protect your access to your user account with the Spare Parts Shop you must then change the initial password into a secure personal password. Your personal password must eliminate as far as possible the possibility of abuse by third parties (for example, you must not use variations of your personal data or company data in order to prevent that any third parties guess your password). Furthermore, you must change your personal password at regular intervals, at least once per quarter.
4.2 You are obliged to keep the access data secret and protect them in a way that gives due regard to the economic importance of such orders (where the standard of reasonable care shall apply), so that only persons entrusted by you with placing orders via the Spare Parts Shop have knowledge of the access data. In order to protect your access data you must, for example, protect the computer used for logging in against attacks by malware (e.g. trojans, phishing etc.) in accordance with the standards of state-of-the-art technology which may from time to time apply.
4.3 If you should learn about any possible abuse of your access data or if there is reason to believe that any person who is not authorized to place orders in your name has gained knowledge of the password, you are obliged to change the password immediately and to immediately inform the GIGANT representative in charge of the respective circumstances by e-mail. The same shall apply if you notice any malfunctions or security loopholes in the Spare Parts Shop.
4.4 It is expressly prohibited to circumvent security measures and/or to abusively use the Spare Parts Shop in any way.
4.5 You are obliged to inform your employees who you entrust with the access data about the obligations regarding the handling of the access data and to regularly ensure the compliance with these obligations.
4.6 You are obliged to immediately update any changes via the input masks provided in the Spare Parts Shop (e.g. the address/company address in case of a move).
5. Binding Orders via the Spare Parts Shop, Authorization for Users of Access Data
5.1 Orders which are placed in the Spare Parts Shop via your access data are binding. Such declarations are made in your name.
You expressly authorize all persons who you grant access to your access data to place orders in the Spare Parts Shop in your name. You may at any time revoke such authorization by written declaration vis-à-vis GIGANT (e-mail or any other type of text form is sufficient).
5.2 Orders placed in the Spare Parts Shop via your access data will be attributed to you unless you can prove that you neither had knowledge of the unauthorized use nor were able to prevent it.
6. Termination
For the purposes of protecting GIGANT and the other users of the Spare Parts Shop, GIGANT may at any time block or delete your access (e.g. if abuse, attempts of break-in etc. are established, in case of technical problems etc.).
7. Liability
You are liable vis-à-vis GIGANT for all damages incurred to GIGANT due to any violation of your obligations for the protection of your access data, including any violations committed by persons employed by you.
8. Further Provisions
8.1 This agreement as well as the relationship between you and GIGANT is governed exclusively by German substantive law.
8.2 Modifications and amendments to this Agreement require the written form in order to be effective (e-mail is not sufficient in this context). This shall also apply to modifications to this requirement of the written form. As far as your general terms and conditions - whether altogether or in part - differ, conflict or amend the contractual arrangements between you and GIGANT, they shall only apply if GIGANT expressly consents to their application in writing (e-mail is not sufficient).
8.3 The place of jurisdiction for all legal disputes in connection with the use of the Spare Parts Shop is Dinklage.
8.4 Should one or several provisions of this agreement be or become ineffective, the validity of the remaining provisions shall not be affected.
