Terms of Use for Wildeboer Connect

1. Scope of validity and application

(1) These Terms of Use govern the use of the website operated by Wildeboer Bauteile GmbH (hereinafter: "Wildeboer") at app.wildeboer.de using the "Wildeboer Connect" web application by registered and non-registered users (hereinafter referred to as "Users"). Wildeboer Connect is a central platform with relevant information for offers, orders, projects and products. The "Wildeboer Configurator" web application is an integral part of Wildeboer Connect. This is a product configurator designed to support the configuration of selected products.

(2) Wildeboer Connect can be used without prior registration with a limited range of functions, which is determined by Wildeboer and can be adjusted by Wildeboer at its own discretion. In this case, by utilising the services of Wildeboer Connect, the User declares their agreement with the validity of these Terms of Use.

 

2. Registration

(1) When a User registers for Wildeboer Connect, the following data is requested:

1. First name and surname
2. Email address
3. Role 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 X).

In addition, the User must generate a password and actively agree to the validity of these Terms of Use by ticking the box. Each time Wildeboer Connect is used, the User can then log in with their email address and the chosen password.

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

(3) Users further undertake to treat their access data confidentially and not to pass it on to third parties. If you become aware of any unauthorised use of your access data by third parties or any other misuse of your access data or the Wildeboer Connect web application, you are obliged to inform Wildeboer of this immediately.

(4) If a User leaves the company they specified when registering, they are no longer authorised to use the account created under this company.

(5) The user rights of a registered User of the Wildeboer Connect web application are linked to user roles. The respective user role (e.g. "Admin" or "Basic") determines the User's rights within Wildeboer Connect. Wildeboer reserves the right to make changes to the rights and roles concept (e.g. in the event of functional enhancements). The decision is at Wildeboer's discretion. Adjustments to rights and roles on the part of Wildeboer are made for all users of the Administrator role (hereinafter: "Admin") automatically valid. The User can view their user roles with the respective rights after logging in via their user account.

(6) Wildeboer customers can register by entering one or more customer numbers issued by Wildeboer. The initial registration of a customer number requires the activation of the User for this customer number by Wildeboer. In the course of this activation, Wildeboer checks the registration data provided and, if necessary, obtains permission from an authorised person in the company (e.g. managing director, purchasing manager, condition recipient) to activate the User as an Admin for the customer number provided.

When registering with the customer number of a company, the first registering employee of this company is automatically assigned the "Admin" role for the company after the customer number has been activated by Wildeboer. As such, they take on the user and rights management of the company within the Wildeboer Connect web application and the activation of other users with the same customer number. The Admin receives an automatically generated notification as soon as other employees of their company register with Wildeboer Connect using the same customer number. These Users are assigned the "Basic" role by default after registration.

Details on the collection and processing of Users' personal data when registering and using Wildeboer Connect can be found in the privacy policy (see Section X).

(7) The roles and the associated rights of registered customers are linked to the customer number. The customisation of the rights of a role for a customer number is applied to all Users of the customer number with this role. Changes to rights and roles by the "Admin" role may only take effect for all affected Users after logging out and logging in again.

 

3. Services from Wildeboer Connect

(1) Wildeboer Connect is a service provided by Wildeboer. Use is free of charge. The User has no claim to the manufacture or maintenance of a certain scope of services, to a certain design, equipment or functionality of Wildeboer Connect.

(2) The products and prices stated in Wildeboer Connect are non-binding. The User has no claim to be able to purchase a configured product with the properties determined via Wildeboer Connect and at the price stated there.

(3) If the User has created a configuration with Wildeboer Connect, they can transmit this configuration 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. Wildeboer is also not obliged to carry out such a check unless this is expressly agreed in writing between Wildeboer and the User.

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

(5) For any claims of the User in connection with the use of Wildeboer Connect, the limitations of liability under § 8 of Wildeboer's General Terms and Conditions of Delivery and Payment apply: General_Terms_of_Delivery_and_Payment.pdf (wildeboer.de)

 

4. Copyrights and other intellectual property rights

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

(2) Wildeboer grants the User a simple, spatially and temporally unlimited, free, non-transferable and non-sublicensable right to the content generated when using Wildeboer Connect, 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 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 Wildeboer Connect and the content available there or to use it for other purposes not covered by these Terms of Use.

 

5. Confidentiality of customer-specific information

Insofar as customer-specific information can be accessed via Wildeboer Connect, these are trade secrets of Wildeboer and the customer concerned within the meaning of § 2 No. 1 of the Act on the Protection of Trade Secrets (GeschGehG). 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 the use of Wildeboer Connect in breach of these Terms and Conditions. In particular, Wildeboer will from time to time send registered Users an email with a confirmation link to the email address provided by the Users in order to ensure that the Users are still working for the company they have specified. Wildeboer also reserves the right to block user accounts. The decision is at Wildeboer's discretion.

(2) The Admin of a company is obliged to block user accounts of employees who have left the company via 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)