TÜV SÜD Digital Service GmbH, Westendstr. 199, 80686 Munich (“TÜV SÜD DS”), operates EU-based TÜV SÜD store (www.tuvsud.com/xx-yy/store, whereas “xx” is placeholder for language code e.g. “en” and “yy” is placeholder for country code e.g. “it”) and a TÜV SÜD portal entry (https://myportal.tuvsud.com). TÜV SÜD store and TÜV SÜD portal are described jointly as the “TÜV SÜD DS Platforms”. Stores with transactions outside of the EU are operated by the respective local regional TÜV SÜD legal entities. Please find an overview here.
Via the TÜV SÜD store, various companies of the TÜV SÜD Group (“(TÜV SÜD) companies”) can offer consumers and business partners (“users”) their own goods or services for purchase. Additionally, via the TÜV SÜD portal, the (TÜV SÜD) companies can give users access to the linked portals operated by them.
In the TÜV SÜD store users can search for goods and services of the (TÜV SÜD) companies and enter into contracts with the respective (TÜV SÜD) company for the selected goods and services. Via the TÜV SÜD portal users can get access to the individual linked portals of the (TÜV SÜD) companies.
1.2 The registration process to set up a free user account is initiated by the user (“self-registration”) or by another, already registered user (“invitation”).
2.1 The provider of the goods and services offered via the Platform and thus the contract partner of the user is always the party designated as the provider in the TÜV SÜD store, i.e. the corresponding (TÜV SÜD) company.
2.2 In the context of the exchange of declarations between the user and the respective (TÜV SÜD) company, TÜV SÜD DS always acts only as an intermediary. TÜV SÜD DS will forward the corresponding declaration by automated means to the contact details provided by both, the user and the respective (TÜV SÜD) company.
2.3 TÜV SÜD DS is not responsible or liable for the content and information provided by the (TÜV SÜD) companies in the TÜV SÜD store or for the goods or services offered by them or for their actions. Solely the relevant (TÜV SÜD) company is responsible for the content and information provided regarding the goods and services offered by that (TÜV SÜD) company and for performing the contracts entered into with the user, especially for providing services, invoicing and warranty for defects, refunds and returns. The contract with a (TÜV SÜD) company is governed solely by the general terms and conditions of business and privacy policies of the relevant (TÜV SÜD) company as specified at the time of contract closure.
3.1 TÜV SÜD DS will enable users to have access to linked portals of (TÜV SÜD) companies via the TÜV SÜD portal. The relevant (TÜV SÜD) companies are the sole operators of those linked portals.
3.2 TÜV SÜD DS has no influence on the content of the linked portals. Only each relevant (TÜV SÜD) company as the operator of the linked portal is responsible for the content of the relevant linked portal.
4.1 TÜV SÜD DS will use economically reasonable efforts to provide the user with the TÜV SÜD DS Platforms free of errors and interruptions to ensure the transmission of declarations and other data from and to the user in the context of its use of the TÜV SÜD DS Platforms. Subject to a separate agreement with the user, TÜV SÜD DS is not required to guarantee particular features of TÜV SÜD DS Platforms or other requirements, especially regarding availability of the TÜV SÜD DS Platforms.
5.1 If, after registration, TÜV SÜD DS grants the user access to the TÜV SÜD DS Platforms via a user account using login data, the user will always keep its login data confidential and will inform TÜV SÜD DS without undue delay after becoming aware of any unauthorized access.
5.2 The user will avoid all measures that could jeopardize the security and stability of the TÜV SÜD DS Platforms or systems of TÜV SÜD DS and their respective suppliers, affiliates, licensors, and subcontractors. In particular, the user will not retrieve information or data without authorization. The user will not intervene in the software of the TÜV SÜD DS Platforms, penetrate data networks of TÜV SÜD DS and not transmit any viruses, trojans or other malware.
5.3 The user acknowledges that all trademark and other labelling rights, other intellectual property rights and copyrights to the TÜV SÜD DS Platforms and their content and information which TÜV SÜD DS provides on the TÜV SÜD DS Platforms in connection with its own offer of services, belong in full to TÜV SÜD DS, its subcontractors and licensors.
6.3 The limitations of liability under clauses 6.1 and 6.2 do not apply (i) if the liability cannot be limited or excluded in accordance with applicable law, in particular in accordance with the German Product Liability Act, (ii) in the event of willful intent or gross negligence, (iii) in the event of damage to health, life and limb, (iv) in the case of malice, and (v) in the event of non-compliance with any agreed guarantee.
6.5 All exclusions and limitations of liability under clauses 6 also apply in favor of affiliated companies, managing board members, managing directors, employees, authorized representatives, sub-suppliers, subcontractors and other agents of TÜV SÜD DS.
7.2 The user’s indemnification obligation in accordance with clause 7.1 does not apply if the user is not responsible for the relevant claims, damage or costs arising.
9.2 The right to terminate without notice for good cause remains unaffected.
9.3 Notice of termination is to be given in text form (email or fax in particular).
10.1 Declarations by TÜV SÜD DS are deemed to be delivered to the user upon receipt of the corresponding email in the email inbox specified by the user.
10.2 Declarations by the user are deemed to be delivered to TÜV SÜD DS upon receipt in the systems provided by TÜV SÜD DS for electronic communication.
14.3 The EU Commission provides a platform for online dispute resolution via the following link: https://ec.europa.eu/consumers/odr/. TÜV SÜD DS does not participate in dispute resolution proceedings before a consumer arbitration body.
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