Last updated on 06.08.2024
TÜV SÜD Digital Service GmbH, Westendstr. 199, 80686 Munich (“TÜV SÜD DS”), operates the 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). The TÜV SÜD store and TÜV SÜD portal are described jointly as the “TÜV SÜD DS Platform”. 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 their own goods or services for purchase. Additionally, via the TÜV SÜD portal, the (TÜV SÜD) companies can give users access to the portals operated by them. The following Terms of Use apply equally to consumers and business partners (hereinafter the "Users"). Individual conditions applying exclusively to consumers are marked as such. A consumer is any private person concluding a legal transaction for purposes that can predominantly be assigned neither to his or her commercial nor to his or her self-employed professional activity.
Goods or services in the TÜV SÜD store or TÜV SÜD portals are offered only by (TÜV SÜD) companies. However, the (TÜV SÜD) companies may offer goods or services that they obtain from third-party providers in their own name.
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. The users have the possibility to sort the search results according to different criteria (e.g. date of posting, price). Via the TÜV SÜD portal users can get access to the individual linked portals of the (TÜV SÜD) companies.
The following General Terms of Use (“Terms of Use”) govern the use of the TÜV SÜD DS Platforms by the users.
1.1 Users can use services of the TÜV SÜD store and TÜV SÜD portal by registering for a free user account. Only in the TÜV SÜD store, it is possible to place an order as a guest without registration (‘guest order’). Both the registration and guest order re quire the user’s consent to these Terms of Use. The contractual language is English.
Applies only to consumers:
If the user is a minor in his or her country of residence, he or she may only register with the stores and portals with the consent of his or her legal guardian. In this case, TÜV SÜD DS reserves the right to require proof of parental consent for the provision of services.
The following paragraphs 5, 6 and 7 do not apply to users who are minors under the laws of the Federal Republic of Germany. The statutory provisions shall apply here.
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”).
a) Self-registration: By completing and sending the registration application the user submits a binding offer for setting up a free user account (registration application). The user completes all mandatory data fields of the registration application in full, truthfully and by accepting the validity of these Terms of Use. Before sending the registration application, the Terms of Use may be viewed, printed out or saved on a permanent data storage device by the user. TÜV SÜD DS will confirm the registration to the user by email to the email address given by the user. TÜV SÜD DS is at liberty to accept or reject a user’s registration application.
b) Invitation: If the user is invited to the TÜV SÜD store or portal by other users of its own (customer’s) organization, then the user gives consent to these Terms of Use during the registration completion process. Before completing the registration process, the Terms of Use may be viewed, printed out, or saved on a permanent data storage device by the user. TÜV SÜD DS will confirm the registration to the user by email to the email address given by the user. TÜV SÜD DS is at liberty to accept or reject a user’s registration application.
1.3 Guest order: In the case of a guest order, the provision of the possibility of a guest order is already a binding offer of TÜV SÜD DS that the user can use the TÜV SÜD store in accordance with these terms of use. By placing its guest order, the user accepts these terms of use and accepts the offer to use the TÜV SÜD store. The user can view and print out the terms of use before placing its guest order or save them on a permanent data storage. TÜV SÜD DS confirms to the user the receipt of his guest order including the conclusion of this user contract.
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.
2.4 TÜV SÜD DS may receive remuneration from the relevant (TÜV SÜD) company for the possibility of offering and selling its own services via the platform. This remuneration can be agreed on between TÜV SÜD DS and the relevant (TÜV SÜD) company in such a way that TÜV SÜD DS benefits from the higher proceeds for the services sold to users, and it can be stipulated that TÜV SÜD DS – within the scope of what is legally admissible – can or must enable the (TÜV SÜD) company to achieve the maximum proceeds possible. The user accepts this by consenting to these Terms of Use. If in such cases the service provided qualifies as an intermediation service, TÜV SÜD DS is also not required to surrender to the user any additional proceeds arising. These may be retained by TÜV SÜD DS.
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 the TÜV SÜD DS Platforms or other requirements, especially regarding availability of the TÜV SÜD DS Platforms.
4.2 TÜV SÜD DS operates the TÜV SÜD DS Platforms as standard services for many users and therefore provides those services to the user in the version in which they are generally made available in each case. If an amendment to the TÜV SÜD DS Platforms or other services requires an amendment of these Terms of Use, §11 shall apply.
4.3 TÜV SÜD DS is entitled to use its affiliated companies and any other companies as subcontractors in providing services from or in connection with the operation of the TÜV SÜD DS Platforms and these Terms of Use.
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, shall do everything to prevent misuse of access to the TÜV SÜD DS Platforms, shall not pass on the password 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.
5.4 The user warrants that when using the TÜV SÜD DS Platforms and other services provided to the user in this context it adheres to all applicable laws including in particular trademark, copyright and data privacy laws. It is particularly forbidden for the user to use the TÜV SÜD DS Platforms for purposes other than those named in these Terms of Use, especially for criminal acts against TÜV SÜD DS or the (TÜV SÜD) companies.
5.5 The user also warrants to inform third parties (e.g. participants in training courses booked by the user or a different named invoice recipient other than the user), whose data it provided on the TÜV SÜD DS Platforms, about the methods of data processing by TÜV SÜD DS. In doing so the user must refer the third party in particular to the section “Rights related to the processing of personal data” of the privacy policy for the TÜV SÜD DS Platforms (available at https://www.tuvsud.com/en/digital-service/data-privacy) and to the specific purpose of entering personal data of this third party in the TÜV SÜD store and/or TÜV SÜD portal. In addition, the user guarantees that third-party personal data will only be given on the TÜV SÜD DS platforms, if the relevant authorization exists at the time of data entry. The duty to provide information according to Art. 14 GDPR is transferred to the user.
6.1 For and in connection with the use of the TÜV SÜD DS Platforms and any other services provided to the user in this context, TÜV SÜD DS is not liable for simple negligence unless there is a breach of contractual obligations. The fulfilment of the contractual obligations facilitates the proper performance of the contract in the first place, and the user relies and may rely on the observance of these obligations. this case, the liability of TÜV SÜD DS is limited to the damage foreseeable and typical for the contract when these Terms of Use were agreed.
6.2 Any and all claims for damages against TÜV SÜD DS which arise under or in connection with these Terms of Use become statute-barred at the latest 1 (one) year after the relevant claim arises.
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.
6.4 None of the obligations of TÜV SÜD DS under these Terms of Use establishes any warranted quality or other guarantee. TÜV SÜD DS excludes any strict liability for defects already existing when these Terms of Use are concluded.
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.
7.1 The user indemnifies TÜV SÜD DS and companies and subcontractors affiliated with TÜV SÜD DS against any and all claims, damage and costs (including litigation costs, legal fees, and costs for experts) that are asserted or arise under or in connection with a breach of the Terms of Use by the user.
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.
TÜV SÜD DS is entitled without prior notice to fully or partly block the user’s option of using the TÜV SÜD DS Platform insofar as this is necessary to ensure a proper situation. This particularly may be the case if facts indicate that the user has violated these Terms of Use or such a blocking is necessary due to legal requirements.
9.1 Use of the TÜV SÜD DS Platforms based on the Terms of Use can be terminated by the user at any time and by TÜV SÜD DS with three (3) months’ notice as of the end of a month. The operators of each of the linked portals on the TÜV SÜD portal may provide for different notice periods in the terms of use of their portals.
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.
11.1 TÜV SÜD DS is entitled to amend and supplement these Terms of Use at any time. Amendments and supplements may be made particularly to adapt to applicable law or to implement changes to the contractually agreed services. TÜV SÜD DS may subsequently modify or deviate from services made available with the TÜV SÜD DS platform if such modification or deviation is reasonable for the user, taking into account the interests of TÜV SÜD DS. Reasonable changes or deviations are only such changes or deviations that do not change the overall character of the services and become necessary due to circumstances that occur after the conclusion of the contract (e.g. discontinuation or modification of the services, changes in law). Other changes that do not affect services of the TÜV SÜD DS Platforms may be changed by TÜV SÜD DS without being subject to reasonableness. TÜV SÜD DS will generally notify the user of changes and amendments affecting the contractual relationship no less than thirty (30) days in advance of the date on which the changes take effect. The notice will include information about the user's right to reject the changes and the resulting consequences. In the event that the user rejects the amended terms of use in due time, TÜV SÜD DS shall be entitled to terminate the user agreement no earlier than the notified effective date of the amendment and to block the user account if TÜV SÜD DS cannot reasonably expect the user to continue using it. Other rights of termination remain unaffected.
11.2 Changes and additions to these Terms of Use otherwise must be made in text form. This also applies to any change to this clause requiring text form.
Should one or several provisions of these Terms of Use be or become invalid or unenforceable, this will not affect the remaining provisions of these Terms of Use. The invalid or unenforceable provision shall be replaced by the statutory provisions, if any.
The Terms of Use and the business relationship between TÜV SÜD DS and the user arising in connection with the use of the TÜV SÜD DS Platforms and other services provided to the user in this context are governed exclusively by the law of the Federal Republic of Germany subject to the exclusion of German conflict of laws regulations and all international and supranational (contractual) legal systems, in particular the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG).
Applies only to consumers:
The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, especially those of the State in which the User as a consumer has its habitual residence, remain unaffected. In particular, the following applies based on Article 6 para. 2 of Regulation (EC) No 593/2008 (Rome I Regulation) in its geographical scope of application: insofar as the law of the State in which the user is habitually resident at the time of entering into the contract (“law of the place of residence”) contains provisions for its protection which cannot be deviated from by agreement under the law of the place of residence, the (more favorable) provisions of the law of the place of residence shall apply for the user. Despite the choice of law according to the first sentence, the User thus enjoys the protection of the mandatory provisions of the law of the place of residence.
14.1 If the user is a merchant, a legal entity governed by public law or a special fund governed by public law, the exclusive place of jurisdiction shall be Munich, Germany for all disputes arising from or based on the Terms of Use and/or arising with regard to the validity of the Terms of Use.
14.2 If the user is a merchant, a legal entity governed by public law or a special fund governed by public law, the place of performance shall be Munich, Germany for all services arising from or in connection with the Terms of Use.
14.3 The EU Commission provides a platform for online dispute resolution via the following link: https://ec.europa.eu/consumers/odr/.
Applies only to consumers:
TÜV SÜD DS does not participate in dispute resolution proceedings before a consumer arbitration body.
We reserve the right to limit or block the visibility of user content if, in our opinion, it violates applicable law or our terms of use. Additional measures in accordance with §8 of these terms of use are not excluded. The user can lodge a complaint against such a decision within six months by sending an email to [email protected]. If we need further information from the user to process the complaint, our employees may contact him. Complaints are processed promptly, without discrimination, thoroughly, and not arbitrarily. As soon as we have decided, the result will be communicated immediately to the user. No automated or algorithmic decision-making takes place.
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