General Terms and Conditions for the Use of agroparts
General Terms and Conditions of Business (hereinafter referred to as "T&C") of LexCom Informationssysteme GmbH (hereinafter referred to as "LexCom"; refer to the Legal Notice for more contact and company information), Rüdesheimer Strasse 23, 80686 Munich, Germany, for the “agroparts” Internet offering addressed by the domains “agroparts.com” and “agroparts.de” (hereinafter referred to as “agroparts”).
Version: October 2019 (T&C February 2019)
(The T&C set out below also include legal information on the rights of consumers pursuant to the statutory provisions on distance selling contracts and electronic business transactions.)
§ 1 Scope of Application
- The user accepts these T&C by clicking on a button designed for this purpose during the registration process. Users may access, print and save these T&C at any time also after conclusion of the contract by following the "T&C" link which is available anywhere on agroparts (in the bottom website margin).
- The terms and conditions set out below shall apply to all contracts between users of agroparts and LexCom relating to the use of agroparts. Users of agroparts are usually entrepreneurs (§ 14 BGB - German Civil Code); however, the service is also open to consumers (§ 13 BGB). Those provisions of the T&C that relate specifically to entrepreneurs are identified accordingly.
- Any deviating, contrary or supplementary T&C shall not become an integral part of the contract unless their validity has been expressly agreed to in writing.
§ 2 Scope of Services
- agroparts offers information of various agricultural vehicle manufacturers (hereinafter referred to as “manufacturers”) about their genuine spare parts. In addition, authorized dealers may use the agroparts platform to submit inquiries to the manufacturers/importers registered with agroparts and these inquiries may result in purchase orders. Other users (including consumers) may add spare parts to a virtual shopping basket which can then be sent to their chosen authorized dealer a) electronically using the agroparts messages function or b) in printed form outside of agroparts.
- agroparts offers a monthly average of 98.5% availability except for a scheduled maintenance window on Sundays from 6:00 a.m. to 4:00 p.m. (German time) and except for any causes which are beyond the responsibility of LexCom.
- LexCom shall not be responsible in the course of rendering its services for (a) the completeness of the spare parts entered into its database (b) the completeness and accuracy of the data and information provided by the manufacturers (including their respective general terms and conditions) since the compilation of these data is beyond the control of LexCom. Whenever any deficiency regarding the data should become apparent, LexCom will immediately inform the manufacturer concerned and make corrected data available. All spare part prices displayed are recommended retail prices specified by the manufacturers. Only the individual seller can provide binding pricing information.
- The agroparts concept is understood as an offer to facilitate the flow of information from the manufacturers to the actors in the secondary market such as, for example, authorized dealers or spare part dealers. The parties enter into a business relationship by the buyer sending an inquiry (clicking the "Order now!" button on the "Purchase order" page) and the seller accepting the inquiry. Any subsequent conclusion of contract, delivery and payment of the spare parts between the users (dealers and manufacturers) is beyond the responsibility of LexCom.
- agroparts itself offers neither spare parts nor information beyond the contents of the database.
- If the user is a manufacturer or importer, he may store his order and shipping methods in agroparts by arrangement with LexCom. LexCom will not verify the content of this information and is therefore not responsible for it.
- Users of agroparts have the option to download original spare parts catalogues for their individual machines via the “agroparts Mobile” app and to use them offline. It is possible to order and use agroparts Mobile while using agroparts. Additional terms and conditions apply for the use of “agroparts Mobile”.
§ 3 Registration
- Users must register with true and correct information in order to use agroparts. To do this, the user clicks on “Register for free”, enters his customer data and a password (the selected e-mail address and password are used as access data after completing the registration), confirms acceptance of these terms and conditions and confirms this information by clicking on the “Register” button. By clicking the button, the user accepts LexCom’s offer to conclude a user contract with LexCom for the use of agroparts. The user then receives an (unencrypted) e-mail from LexCom containing a verification code. Entering this code on agroparts completes the registration process and the user can access the site. The user affirms that the information provided is true and complete. The user is also obliged to enter any changes in the User data / Company data area without delay.
- Registration is only permitted to individuals and legal entities with full legal capacity to contract. If the user is registered by a representative, LexCom shall be entitled to demand proof of power of representation. The details concerning this power of representation shall be defined by LexCom and the representative must be named.
- The user may change the password at any time while using agroparts. The user must keep the password confidential and shall not disclose it to any third party. agroparts will never ask a user for the password by email or on the telephone. If a user having administrator rights - usually named "admin" - is permitted to create further users under the same agroparts ID, the admin user shall register such users accordingly with true and correct data and make them aware of the necessity to maintain secrecy about the access information.
- LexCom reserves the right to cancel a user's registration at any time without prior notice and disable access for the user in case of any false statements when registering, violation of the duties arising from the user contract (particularly §§ 3 and 5) or misuse of the agroparts portal.
- Authorized spare parts dealers and workshops may then opt to activate the online ordering function. The provisions of § 3 no's 1-5 apply analogously. The registered user's first step after logging in is to open the supplier’s menu by clicking on the corresponding logo from the agroparts homepage and “Ordering system”. The user then enters their dealer number and clicks “Send request”. The data is then sent to the manufacturer for verification. If the manufacturer confirms that the user is entitled to submit online orders, LexCom will send a message, informing the user of this and the online order function will be activated. If one or more manufacturers deny that a user has the status of an authorized spare parts dealer or workshop, LexCom reserves the right to disable the online ordering function for the manufacturer brand in question. LexCom will send a message, informing the user of this.
§ 4 Data Protection and Security
- Any and all personal data collected from the user are handled in compliance with data security legislation applicable for LexCom. LexCom’s Privacy Statement shall apply.
- Authorized spare part dealers or workshops consent to the manufacturers/importers participating in agroparts being granted access to information about ordering activities with the manufacturers for the purpose of performance measurement. Such information shall exclusively relate to the brand(s) of the specific manufacturer/importer and will not include any information about specific customers of a manufacturer.
- Authorized spare parts dealers or workshops further give their consent to personal data and information about parts availability being forwarded to the manufacturers/importers participating in agroparts upon activation of the "Parts Locator” function. The user may activate or deactivate this function at any time.
§ 5 User's Obligations
- The user confirms that the input and messages submitted by the user do not violate any legal provisions or rights of third parties and that they will not have any adverse effects on the data or the data processing system of LexCom. In particular, the user is prohibited to offer or request information or data that would violate any criminal laws or other legal provisions or the commerce of which is prohibited or subject to permission.
- It is not permitted for users to reproduce, to save in other media, to distribute or to change the information, data, drawings, specifications and documentation stored on the agroparts site ("agroparts material"). Access to the agroparts material via automated processes (e.g. robots, spider tools etc.) is prohibited. Individual pages may only be printed or saved for personal use.
§ 6 Prices for agroparts
- Should any part of agroparts be subject to a charge, the user will be informed of this in advance and their explicit confirmation of acceptance obtained.
- All prices listed are gross prices and include the applicable VAT, depending on the residence or the registered office of the recipient of service (EU/third countries).
- All fees shall be settled by either credit card or direct debiting, depending on the user’s location. It is the responsibility of the user to ensure that the account or the credit card maintains an adequate balance and that all credit card or bank details are up to date and correct. If settlement is made by prepayment, all fees incurred for the bank transfer shall be at the user’s charge. The user will be cleared and enabled when the amount is credited to the account of LexCom.
§ 7 Notices and Declarations
- According to the nature of the platform, the sales contracts initiated via agroparts are concluded by means of electronic communication. Declarations of intent in this regard are therefore usually made by e-mail.
- The users recognize the unrestricted validity of declarations of intent made in this manner subject to the following clauses:
- In the e-mail message, common information must neither be suppressed nor circumvented by anonymisation, i.e. the message must include the name and the e-mail address of the sender, the time the message was sent (date and time) as well as a repetition of the sender’s name at the end of the message. Unless proven otherwise, an e-mail message received according to the criteria of this clause shall be deemed to originate from the other party.
- All messages shall be phrased in German or English language and the associated “Kontakt” module must be used.
- The user is obliged to take note of the messages addressed to the user at least once a week.
- To send a message or declaration relating to these T&C, please use our contact form.
§ 8 Disruption of Service
If any substantial disruption of service of agroparts should occur that is within the scope of responsibility of LexCom, a downtime of more than 24 hours shall extend the period of use by the same period.
§ 9 Limitation of Liability
- LexCom shall be liable to the user without limitation in case of intent or gross negligence for any damage caused by LexCom, its legal representatives or persons employed in performing its obligations.
- As to ordinary negligence, LexCom shall be liable without limitation in case of injury to life, limb or health. In all other respects, LexCom shall only be liable insofar as the company has violated an essential contractual duty (material contractual obligation). Material contractual obligations are obligations that must be fulfilled for proper performance of the contract, whose breaching would jeopardise achievement of the purpose of the contract and on whose observance the contracting party may duly rely. Liability in such cases shall be limited to the foreseeable typically occurring damage.
- Liability pursuant to the provisions of the German product liability act (Produkthaftungsgesetz) shall remain unaffected.
§ 10 Indemnification
- The user shall indemnify LexCom against any and all claims asserted by other users or other third parties against LexCom for any violation of their rights by contents published by the user on agroparts. The user shall bear all reasonable costs incurred by LexCom as a result of any violation of a third party’s rights, including any reasonable expenses incurred for legal defence. All other rights as well as any claims for damages on the part of LexCom shall remain unaffected. The user shall be at liberty to prove that LexCom has actually incurred lower costs.
- If the user’s contents should violate any rights of any third party, the user shall at the election of LexCom either procure the right to use the contents for LexCom at the user's own expense or revise the contents in such a way that they are not subject to property rights.
§ 11 General Provisions / Legal Venue / Applicable Law
- German law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Ist der Nutzer Verbraucher, bleibt die Anwendbarkeit zwingender Vorschriften der an seinem Wohnort geltenden Rechtsordnung unberührt.
- The place of performance for all mutual services and payments under the contract shall be Munich, Germany.
- If and to the extent a user is an entrepreneur, the legal venue shall be Munich, Germany.
- The present T&C are published in the German language and in various other languages. In case of doubt, the German version shall be authoritative for the interpretation of the T&C.
- LexCom reserves the right to amend these T&C at any time and without having to state any reasons for such amendments. The user will be made aware of any amendment when logging in to his account. Should the user not object to the amendment within a period of four weeks after the notification, the amended clauses shall be deemed accepted.
- LexCom is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.