Terms of use for the Wildeboer configurator

1. Scope and application

(1) These Terms of Use govern the use of the website operated by Wildeboer Bauteile GmbH (hereinafter referred to as "Wildeboer") at www.wildeboer.de/konfigurator by registered and non-registered users (hereinafter: "Users"). The Wildeboer Configurator is a web application designed to support Wildeboer customers in the configuration of selected products. 

(2) The basic version of the Wildeboer Configurator available at  www.wildeboer.de/konfigurator  can be used without prior registration. In this case, by utilising the services of the Wildeboer Configurator, the user declares his agreement with the validity of these terms of use. 

2. Registration

(1) Wenn sich ein Nutzer für den Wildeboer Konfigurator registriert, werden die folgenden Daten abgefragt:

  1. First name and surname
  2. E-mail address
  3. Function in the company (optional/voluntary)
  4. Name and address of the company
  5. Customer number assigned by Wildeboer (optional/voluntary)
  6. Telephone no. (optional/voluntary)

Details on the collection and processing of this data can be found in the privacy policy  (see section XI). In addition, the user must generate a password and actively agree to the validity of these terms of use by ticking the box. The user can then log in with their e-mail address and the selected password each time they use the configurator. A user who registers without entering a customer number is assigned the user role "Basic".

(2) Wildeboer customers who register using the customer number issued by Wildeboer have the opportunity to view the purchase prices agreed between Wildeboer and the customer on the basis of the purchase conditions in the Wildeboer configurator. When registering with the customer number of a company, the first registering employee of this company automatically becomes the administrator for the company (hereinafter: "Admin") after the customer number has been activated by Wildeboer.  As such, he takes over the user administration of the company within the configurator and the activation of further users with the same customer number. The Admin receives an automatically generated notification as soon as further employees register with the Wildeboer Configurator using the same customer number. The admin also has the option of assigning employees the "Advanced" user role, which also allows them to view the purchase prices applicable to their company. The admin can also assign the "Admin" user role to other employees so that they also have access to the company's user administration.

(3) Users undertake to provide the requested data truthfully. 

(4) Users further undertake to treat their access data confidentially and not to pass them on to third parties. If they become aware of any unauthorised use of their access data by third parties or any other misuse of the access data or the Wildeboer Configurator, they are obliged to inform Wildeboer of this immediately.

(5) If a user leaves the company he/she specified when registering, he/she is no longer authorised to use the account created under this company.

3. Services of the Wildeboer configurator

(1) The Wildeboer Configurator is a service provided by Wildeboer to support users in the selection and configuration of Wildeboer products prior to placing a binding order. Use is free of charge. The user has no claim to the production or maintenance of a certain scope of services, to a certain design, equipment or functionality of the Wildeboer Configurator. 

(2) The products and prices indicated in the Wildeboer configurator are non-binding. The user has no claim to be able to purchase the configured product with the characteristics determined by the configurator and at the price stated there. 

(3) Wildeboer would like to point out that software programmes cannot be created without errors. Errors in component data records and incorrect interpretation of software data records within customers' third-party software cannot be ruled out.

(4) If the user has created a configuration with the Wildeboer configurator, he can send this configuration by letter or e-mail to Wildeboer for the purpose of placing an order, which constitutes a binding offer to conclude a corresponding contract. Wildeboer does not check the configurations for conclusiveness, plausibility, correctness and/or completeness. Such a check is also not owed by Wildeboer, unless this is expressly agreed in writing between Wildeboer and the user.

(5) A contract for the purchase of a configured product is concluded when Wildeboer accepts the buyer's binding offer without any changes. The acceptance can be declared either expressly, in writing (e.g. by order confirmation) or implied by the delivery of the goods to the buyer. If the content of Wildeboer's declaration deviates from the buyer's offer, it is deemed to be a new offer to conclude a purchase contract, which is concluded by the buyer's subsequent declaration of acceptance. The General Terms and Conditions of Delivery and Payment of Wildeboer apply to the purchase contract, including the declarations relating to its conclusion: general_terms_of_delivery_and_payment.pdf (wildeboer.de)

(6) For any claims of the user in connection with the use of the Wildeboer Configurator, the limitations of liability under   § 8 of Wildeboer's General Terms and Conditions of Delivery and Payment apply: 



 4. Copyrights and other intellectual property rights

(1) Wildeboer is entitled to the exclusive rights to the content accessible via the Wildeboer Configurator, in particular to texts, product descriptions, images, drawings and graphics, in accordance with the German Copyright Act and other laws for the protection of intellectual property rights as well as the Unfair Competition Act.

(2) Wildeboer grants the user a simple, spatially and temporally unlimited, free, non-transferable and non-sublicensable right to the content generated when using the Wildeboer configurator, in particular the three-dimensional view of the selected product and the various download options (e.g. product data sheets, tender texts or other product documents), to use this content for the creation of enquiries, tenders and offers that relate to or include the configured Wildeboer products.

(3) Any further use of such content by the user requires the express prior consent of Wildeboer. In particular, the user is not authorised to reproduce, distribute, make publicly accessible, modify or edit the Wildeboer Configurator or to use it for any other purpose not covered by these Terms of Use.

5. Confidentiality of customer-specific information

Insofar as customer-specific information can be accessed via the Wildeboer Configurator, e.g. the prices agreed between Wildeboer and a customer, these are business secrets of Wildeboer and the customer concerned within the meaning of Section 2 No. 1 of the German Act on the Protection of Business Secrets. Users must treat this information confidentially and may only use it for the purposes specified in section 4(2). Disclosure to third parties is not permitted.

6. Protective measures

(1) Wildeboer is authorised to take appropriate technical measures to protect against non-contractual use of the Wildeboer Configurator. In particular, Wildeboer will from time to time send registered users an e-mail with a confirmation link to the e-mail address provided by the users in order to ensure that the users continue to work for the company they have specified. Wildeboer also reserves the right to block user accounts. The decision to do so is at Wildeboer's sole discretion. 

(2) The admin of a company is obliged to block user accounts of employees who have left the company in the user administration. 

7. Choice of law, place of jurisdiction

Choice of law and place of jurisdiction are determined by § 12 of Wildeboer's General Terms and Conditions of Delivery and Payment:general_terms_of_delivery_and_payment.pdf (wildeboer.de)

Status: May 2023