Robert Bosch Power Tools GmbH
Modified: September 2024
1.1. These terms and conditions of use ("Terms and Conditions of Use") shall apply for the use of the ThermalOn Solution in the versions ThermalOn Free App and ThermalOn Pro Export (collectively referred to hereinafter as "ThermalOn"), an offering provided by Robert Bosch Power Tools GmbH, Max-Lang-Straße 40-46, 70771 Leinfelden-Echterdingen, Germany ("Provider"), by registered commercial customers ("Commercial Customer") and by registered consumers ("End User") (also jointly referred to as ("User(s)") and shall take priority over all other conditions. Detailed information on the Provider can be found in the legal notice.
1.2. Any terms and conditions of the Commercial Customer or third party which diverge from or conflict with these Terms and Conditions of Use shall not apply, even if the Provider does not expressly oppose Terms and Conditions of Use.
1.3. Individual agreements entered into between the Provider and the User (including ancillary agreements, additions and alterations) shall always take priority over these Terms and Conditions of Use.
1.4. The contractual language of these Terms and Conditions of Use is English, German, French, Italian, Spanish, Polish, Swedish, Bulgarian, Czech, Hungarian, Romanian, Slovak.
1.5. Users can view and print the applicable Terms and Conditions of Use under Terms and Conditions of Use (https://www.bosch-pt.com/ptlegalpages/de/ptde/en/Thermalapp/terms/ ).
2.1. Usage of ThermalOn and its content is subject to these Terms and Conditions of Use. After installation of ThermalOn the User will be shown these Terms and Conditions of Use. The User must agree to the validity of these Terms and Conditions of Use when first accessing the App (“User Agreement").
2.2. If the Commercial Customer is a natural person, the User warrants that the User is legally in a position to conclude an agreement (e.g. is not underage). If a person concludes the User Agreement as a representative of a legal entity, e.g. of the business for which the person works, this person assures the Provider that the legal entity is organised in accordance with the regulations under the law of the country in which it is incorporated or registered and that the person is authorised to represent the legal entity.
2.3. After entering into the User Agreement, the User can use and book various services ("Services"), namely the following:
a) Free of charge services ("Basic Services"),
b) Paid-for services that expand on or modify the Basic Services ("Premium Services"). Currently only ThermalOn Pro Export is available as Premium Service. Other Premium Services might be added with further development of the app.
3.1. The Services available via ThermalOn include, e.g. software functions, data, posts, image and audio documents, information and other content ("Content").
3.2. The nature and scope of the Services provided, as well as details about their technical requirements and availability, are specified in the relevant service description under Service Description. The service description shall only be used for the service specifications and does not include quality agreements or guarantees.
3.3. Access to ThermalOn and these Services shall be via an app for use on compatible mobile devices such as smartphones or tablets ("App"). Individual features of the Services may be restricted depending on access options.
3.4. Availability:
a) The Provider shall make every effort to ensure uninterrupted availability of the Basic Services to the extent possible within the scope of its technical and operational capabilities; however, Users shall not be entitled to uninterrupted use. It cannot be guaranteed that access to, or use of, the Basic Services will not be interrupted or impacted by maintenance work, further developments or other disruptions.
b) Unless otherwise agreed, the Provider guarantees an availability of 98% per calendar year for Premium Services. This excludes times at which these Premium Services cannot be accessed due to technical or other problems not attributable to the Provider, or due to maintenance work, which may be carried out every day between 12 midnight and 4 a.m. CET.
4.1. To access ThermalOn Free App and ThermalOn Pro Export no user account is required.
4.2. The User is responsible for ensuring that the technical requirements (particularly in terms of required hardware, mobile device, Internet access) for use of the Services in accordance with the agreement are met and maintained within the User's area of responsibility.
4.3. In order to be able to use the Services via the App, the User must download and install the App on the User’s smartphone or tablet. The App is available for Android and iOS devices and must be installed via the relevant app store. Details regarding technical requirements, functions and operating instructions can be found under Service Description. The operating instructions shall only be used for the service specifications and do not include quality agreements or guarantees.
4.4. Some Services may require special, compatible hardware which must be linked to the App These Services are specified in our Service Description. If the User is no longer authorised to use the hardware (e.g. due to transfer), they are obliged to disconnect the hardware.
6.1. Where available, the User can book Premium Services via the App. The use of Premium Services is subject to these Terms and Conditions of Use, provided the booking does not specify conditions of use that diverge from these. The processing of the in-app purchase is carried out by the respective app store. The conclusion of the contract and the payment processing are governed by the terms and conditions of the respective app store. To this end, the User may be required to provide additional data to the specific store operator, such as credit card information or VAT identification number, in order to create a billing profile.
6.2. During the order process, the User is shown the key features of the product, the prices, the payment terms, term of agreement, termination notice period and other details ("Product Information"). End Users shall receive additional information regarding their right to cancel.
6.3. If Premium Services are available to order via the App, the following applies:
a) To start a booking, the User clicks on the desired subscription version. On the following page, the User receives an overview with the Product Information. In the next step, the User can select the duration and, if necessary, the payment method.
b) To correct input errors (e.g. in the term of the contract), the User can switch to the respective previous page using the back button (arrow). The booking process can be cancelled at any time, e.g. by closing the page.
c) By clicking the button "Order subject to payment", the User submits a binding offer to book the Premium Service. After sending the booking, the User will receive an automatic confirmation of receipt of the order from the respective app store by e-mail, in which the booking is listed again.
d) The text of the agreement for the respective order will be sent to the User by the respective App Store on a durable medium (e.g. e-mail). The Provider does not save the text of the agreement, therefore the text of the agreement can no longer be retrieved for the User.
6.4. To the extent permitted by applicable law, the following legal regulations regarding the general obligations within electronic business transactions shall not apply for Premium Service orders made by Commercial Customers:
a) provision of appropriate, effective and accessible technical resources, which the Commercial Customer can use to recognise and correct incorrect data entries prior to submitting an order;
b) the clear and easy-to-understand communication of the information specified in Article 246c of the Introductory Act to the German Civil Code in good time before an order is submitted;
c) the immediate confirmation of the receipt of the Commercial Customer's order by electronic means.
6.5. The Provider can also offer Premium Services free of charge on a trial basis for a specific period ("Trial Subscription"). If the Trial Subscription is not cancelled before this period ends, a fee-paying subscription will commence from the first day after the end of the Trial Subscription.
8.1. All rights to the Provider's Services and their content ("ThermalOn Content") are the exclusive property of the Provider or its licensors and shall be protected by copyright or other intellectual property rights. The composition of ThermalOn Content is therefore also protected by copyright.
8.2. ThermalOn Content shall only be accessed and displayed for the User's own purposes for the term of the User Agreement. The User is prohibited from reproducing, distributing and/or publishing ThermalOn Content.
8.3. If ThermalOn is used for a commercial or professional activity, the Commercial Customer may use the ThermalOn Content available via ThermalOn exclusively for their own internal business purposes. Any further commercial use of the available ThermalOn Content is prohibited (see also Section 10).
10.1. The Services available via ThermalOn are intended exclusively for lawful use by the User. Any use for other purposes is prohibited, unless such a use has been expressly agreed in advance and in writing by the Provider. Unauthorised use includes but is not limited to:
a) Offers and advertising for paid Content and services, both the User's own and those of third parties.
b) Offers, advertising and activities, such as competitions, prize draws, exchange deals, advertisements or multi-level marketing schemes.
c) Collection – digitally or otherwise – of identity and/or contact data (including e-mail addresses) from Users (e.g. in order to send unsolicited e-mails).
d) The exploitation of Services available via ThermalOn, including their associated Content, for a fee.
10.2. The User is prohibited from performing any activities on ThermalOn and in connection with the use of its Services should they violate these Terms and Conditions of Use, current laws or accepted principles of morality. The User undertakes in particular to observe current laws and to refrain from violating any third-party rights.
10.3. Any action that shall likely adversely affect the operation of ThermalOn, its Services and the relevant technical infrastructure is also prohibited. These include in particular (but are not limited to):
a) Sending Content with viruses, worms, malware, Trojans or malicious elements.
b) Using software, scripts or databases which have not been approved by the Provider in conjunction with the use of ThermalOn and its Services.
c) The automatic read-out, blocking, overwriting, modification, copying of data and/or other Content, provided that this is not required for the proper use of ThermalOn and its Services.
d) Decoding, decompiling, disassembling or reconstructing the source code, any software or proprietary algorithms in use, or attempting to find out about them in any other way, unless such is permitted on the grounds of mandatory inalienable regulations.
10.4. Should the User become aware of any use of the Services that is illegal, classified as misuse, contrary to contractual provisions or unauthorised in any other way, the User can contact Support.ThermalOn@de.bosch.com by e-mail. The Provider shall then check the activity and introduce appropriate steps, where necessary.
10.5. In the event of material breaches of these obligations by the User, the Provider is entitled to terminate the User Agreement for good cause in accordance with Section 14.
11.1. The Provider can block registered Users access to ThermalOn and/or Services, if the Provider determines that
a) the use of ThermalOn and/or use of the Services (i) present a security risk for ThermalOn and/or the Services and/or a third party; (ii) have an adverse effect on ThermalOn and/or the Services or the systems or Content of another User; (iii) violate current laws or third-party rights; (iv) could make the Provider, its associated businesses or third parties liable for damage; or (v) is fraudulent.
b) the User is in breach of these Terms and Conditions of Use;
c) the User is in default of payment for more than 30 days.
11.2. The Provider shall inform registered User of the intention to block by sending notification to the e-mail address associated with the user account before blocking access, unless the Provider has to act immediately for urgent reasons and is therefore unable to give prior notification to the User.
11.3. The block will be lifted as soon as the User has resolved the issue which led to access being blocked.
11.4. The Provider's right to block the User's access to ThermalOn and/or the Services is in addition to the Provider's right to terminate these Terms and Conditions of Use as stipulated in Section 14 and to pursue other claims available to the Provider under applicable law.
12.1. Access to ThermalOn and the use of Basic Services are free of charge. As regards the use of the Premium Services, the prices stated at the time of booking shall apply. All prices stated for End Users are inclusive of VAT.
12.2. The fees for the Premium Services are due immediately when the agreement is formed.
12.3. Information about prices, time of payment and any additional costs can be accessed in the App or via the respective app-store.
12.4. Insofar as Premium Services are booked via the App, payments shall be processed via the respective app store. In this case, the terms and conditions and payment conditions of the respective app store shall apply and prevail over these Terms of Use. In the event of contradictions between the app store terms and conditions and these Terms of Use, the app store terms and conditions shall take precedence.
13.1. As a consumer, the End User shall have the right to withdraw in accordance with the guidelines set out in Section 13.4. A consumer is any natural person who completes a transaction for purposes that are predominantly attributable to neither their commercial nor self-employed activity.
13.2. The right of cancellation shall expire for agreements for the provision of Services also under the following conditions:
a) In the case of an agreement which does not obligate the End User to make a payment if the Provider has rendered the Service in full.
b) In the case of an agreement which obligates the End User to make a payment if the Provider renders the Service in full if, before the start of Service provision, the End User (i) has expressly agreed that the Provider shall start the provision of the Service before expiry of the cancellation period, (ii) in the case of an agreement entered into outside the business premises, has given its consent in accordance with this Section on a permanent data carrier, and (iii) has confirmed that End User is aware that their right of cancellation shall expire upon fulfilment of the agreement by the Provider.
13.3. The right of cancellation shall expire for agreements for the provision of digital content not stored on a physical data carrier, also under the following conditions:
a) In the case of an agreement which does not obligate the End User to make a payment if the Provider has started performance of the agreement.
b) In the case of an agreement which obligates the End User to make a payment, if (i) the End User has expressly agreed that the Provider shall start performance of the agreement before expiry of the cancellation period, (ii) the End User has confirmed that they are aware, with their consent in accordance with this Section, that their right of cancellation shall expire upon commencement of performance of the agreement, and (iii) the Provider has made available to the End User a confirmation of the agreement on a permanent data carrier (e.g. via e-mail).
13.4. Right to Withdraw - policy:
Right to Withdraw
End User has the right to withdraw this agreement within fourteen days without stating your reasons.
The withdrawal period is fourteen days from the day on which the agreement is entered into.
To exercise the right to withdraw, End User must inform Provider (Robert Bosch Power Tools GmbH, Max-Lang-Strasse 40-46, 70771 Leinfelden-Echterdingen, Germany, Support.ThermalOn@de.bosch.com) of its decision to withdraw this agreement by means of a clear declaration (e.g. a postal letter or e-mail). End User can use the attached withdrawal form template for this, but it is not mandatory.
All that is required to meet the withdrawal deadline is that End User sends notice that End User is exercising its right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If End User withdraws this agreement, Provider undertakes to refund all payments that Provider has received from End User, including delivery costs (with the exception of the additional costs incurred if End User choses a delivery type other than the cheapest standard delivery Provider provides), promptly and no more than fourteen days from the day on which Provider receives notification that End User is withdrawing the agreement. Provider will use the same payment method for the refund as was used in the original transaction, unless Provider have expressly agreed otherwise with End User. Under no circumstances will End User be charged for this refund.
If End User has requested the Services begin during the withdrawal period, End User is required to pay Provider a contribution proportionate to the scope of Services already performed up to the time at which End User notified Provider of End User’s intention to exercise the right to withdraw this agreement, relative to the full scope of the Services provided for in the agreement.
End of withdrawal policy
13.5. Withdrawal form template
(If you wish to withdraw the agreement, please complete this form and return it to us.)
To
Robert Bosch Power Tools GmbH, Max-Lang-Strasse 40-46, 70771 Leinfelden-Echterdingen, Germany, Support.ThermalOn@de.bosch.com
I/We (*) hereby withdraw the agreement concluded by me/us (*) for the provision of the following service:
· ThermalOn PRO Export
Ordered on (*)/received on (*)
______________________________
Name of the consumer(s)
______________________________
Address of the consumer(s)
______________________________
Signature of the consumer(s)
______________________________
(only for hard copies of a notification)
Date ______________________________
(*) Delete as applicable
14.1. Term of agreement
a) The User Agreement is entered into for an unlimited time. This time period starts on the date of acceptance of these Terms and Conditions of Use and ends when termination by the Provider or User comes into effect.
b) The term of the Premium Services is as specified in the Product Information.
14.2. Ordinary termination (termination for convenience)
a) The Provider can ordinarily terminate the User Agreement at any time with a termination notice period of minimum one month which will take effect at the end of the month, but no earlier than the end of the term of a booked Premium Service.
b) The User may ordinarily terminate the User Agreement for ThermalOn Free App at any time by deleting by deleting ThermalOn Free App. If the User has booked one or more Premium Services the User Agreement can only be terminated together with the agreements governing the Premium Services and no earlier than upon expiry of the term for the Premium Service that has the longest term.
c) The User can terminate the User Agreement for Premium Services in accordance with the terms and conditions of the respective app-store.
d) [paragraph intentionally omitted]
e) If the Premium Services are not terminated by the User in good time in accordance with the terms and conditions of the respective app-store, the term will automatically extend in accordance with the terms and conditions of the respective app-store.
(i) [paragraph intentionally omitted]
(ii) [paragraph intentionally omitted]
14.3. The right to give notice of termination for good cause, material breach of the Terms and Conditions of Use or User Agreement, by both parties shall remain unaffected.
14.4. Format of termination
a) If there is no option to terminate the User Agreement via a cancelation function in ThermalOn (e.g., in the user account settings, "Unsubscribe" function), notice of termination must be submitted via the option provided by the respective app-store.
b) Uninstalling the App during a valid subscription to a Premium Service does not constitute termination of the User Agreement. Any obligations to the Provider to pay agreed user charges for Premium Services shall remain unaffected by the uninstallation of the App.
c) [paragraph intentionally omitted]
14.5. Consequences of termination
a) If the User Agreement for Basic Services is terminated, the User Agreement ends and the User shall no longer make Use of the Services or the User Content.
b) If the User Agreement for Premium Services is terminated, the User Account is downgraded to a Basic Services User Account at the time of termination.
c) [paragraph intentionally omitted]
d) The User is obliged to export and back up their data and User Content independently in good time before the end of the User Agreement.
15.1. For End Users, the applicable statutory regulations apply.
15.2. With regard to Commercial Customers, the Provider shall not assume any warranty claims for material defects and defects of title for ThermalOn and the Basic Services, except in cases where the Provider has fraudulently concealed the material defects and defects of title in question. For Premium Services, the applicable statutory regulations apply.
16.1. The Provider shall be liable in accordance with statutory regulations (i) in the event of malicious intent and gross negligence, (ii) in accordance with the regulations of applicable German Product Liability Acts, (iii) to the extent of a warranty assumed by the Provider, and (iv) in the event of injury to life, body or health.
16.2. In the event of material damage and financial losses caused through negligence, the Provider shall only be liable for breach of an essential contractual obligation but limited to the amount of foreseeable losses typical of this type of agreement upon conclusion of the agreement; essential contractual obligations are those whose fulfilment forms the nature of the agreement and on which the User can rely.
16.3. Irrespective of the provision in Section 16.2, in the event of a negligent breach of an essential contractual obligation verified by the Commercial Customer for all cases of damage in the same agreement year, the liability of the Provider shall be limited in terms of amount as follows:
a) The liability limit per agreement year is a maximum of EUR 100,000.
b) If the maximum liability amount is not reached during an agreement year, the maximum liability amount for the following agreement year shall not be increased. An agreement year, as mentioned above, is the first period of twelve months from the time of provision of the product in accordance with the terms of the agreement, and then every subsequent twelve-month period.
16.4. Except as set out in clauses 16.1, 16.2 and 16.3, Provider’s liability shall be excluded.
16.5. The limitations of liability provided for by statute, which vary from the aforementioned liability regulations in favour of the Provider, shall remain unaffected.
16.6. The aforementioned limitations of liability shall also apply if the damage is the fault of a vicarious agent of the Provider, and for the personal liability of the Provider's employees, representatives and executive bodies and for claims for the reimbursement of expenses.
In the event of a claim due to a supposed or actual infringement of rights and/or the infringement of rights of third parties, the User shall relieve the Provider from all third-party claims, including any resulting damage (e.g. costs for adequate legal defense), which occur as a result of acts on the part of the User in connection with the use of ThermalOn and its Services, unless the User is not responsible for the infringement.
All information about the processing of personal data can be found in the Provider's Data Protection Notice. This is available under Data Protection Notice.
19.1. The European Commission provides a platform for online dispute resolution (ODR). The platform can be found at http://ec.europa.eu/consumers/odr/. The Provider's e-mail address is Support.ThermalOn@de.bosch.com.
19.2. The Provider is neither obligated nor willing to participate in dispute resolution proceedings, pursuant to the German Act on Alternative Dispute Resolution in Consumer Matters (VSBG).
19.3. Complaints, appeals, issues and remarks may be asserted or lodged to the contact details set out in the legal notice.
20.1. The Provider shall be entitled to refuse to perform the agreement if such is restricted or prohibited by foreign trade regulations (particularly the applicable national and international [re-]export control and customs regulations, including embargoes and other state sanctions) which, in accordance with these regulations, apply to this agreement (hereinafter referred to as "Foreign Trade Regulations"). In these instances, each party is entitled to terminate the User Agreement to the necessary extent. If partial delivery is excluded for technical or legal reasons or one party has no interest in a partial delivery, the termination shall lead to the cessation of the entire agreement.
20.2. If performance of the agreement is delayed due to requirements for authorization, permits or similar in accordance with Foreign Trade Regulations (hereinafter jointly referred to as “Authorization”), then any agreed dates and deadlines for delivery shall be extended/postponed accordingly; the party's liability in relation to the delay shall be excluded. In the event that Authorization is denied or is not granted within three (3) months of the application being submitted, each party shall be entitled to terminate the User Agreement, at least to the extent that performance of the agreement is dependent on Authorization. If partial delivery is excluded for technical or legal reasons or one party has no interest in a partial delivery, the termination shall lead to the cessation of the entire agreement.
20.3. The Provider and the Commercial Customer shall inform each other immediately when they become aware of Foreign Trade Regulations that may lead to the limitations, prohibitions or delays specified in Section 20.1 and Section 20.2.
20.4. The Commercial Customer is obligated to make available to the Provider upon request all information and documents that are required to comply with the Foreign Trade Regulations or are requested by authorities in relation to these. These obligations may, in particular, include details regarding the end customers, the destination and the intended use of ThermalOn, the Services or the products. The Provider shall be entitled to withdraw from any agreements or refuse to perform the service if the Commercial Customer fails to supply this information and these documents to the Provider within a reasonable period of time.
20.5. If the Commercial Customer transfers ThermalOn, Services or products to a third party (including companies affiliated with the Commercial Customer), the Commercial Customer undertakes to comply with the Foreign Trade Regulations. If the Commercial Customer infringes this obligation, the Provider is entitled to refuse to fulfil the agreement or to terminate this agreement for good cause.
20.6. The Provider's liability for losses in relation to or attributed to the refusal to fulfil the agreement or owing to a termination of the User Agreement in accordance with Section 20.1, 20.2, 20.4 and 20.5 is – to the extent permitted by law – excluded.
20.7. Digital products (incl. the corresponding expertise, technology or data) are provided across customs borders in electronic form.
21.1. The Provider is authorised to amend or add to these Terms and Conditions of Use at any time with immediate effect, if required as a result of legislative changes or because of functional or technical advancements or other foreseeable reasons for changes to ThermalOn or its Services.
21.2. Any change or addition as stated in clause 21.1 shall be reported to the User at least 60 days before it comes into effect. If the User does not accept the change or addition within 30 days of notification of the change or objects to the change/addition, the Provider has the right to extraordinarily terminate the agreement with a notice period of 30 days.
21.3. Editorial changes to these Terms and Conditions of Use, i.e. changes which do not affect the User Agreement, such as the correction of typing errors, shall be made without notifying the User.
22.1. Updates
a) The Provider may provide updates regarding the Basic Services in order to close security loopholes or rectify errors, for example. The User shall be responsible for installing updates immediately and updating the operating system on their device, if required for updating the Basic Services.
b) The statutory regulations on update obligations apply with regards to the Premium Services. The Provider shall inform the User in good time of the provision of such updates and of the legal consequences of not performing the installation within a reasonable time.
c) The Provider is authorized to download and install security updates directly, e.g., to maintain product or data security, regardless of the User's settings. If the Provider is to perform a security update, it shall inform the User about this.
22.2. Change to Services
a) The Provider shall be entitled to change, supplement or discontinue the Basic Services at any time, to restrict the use of the Basic Services to a particular period of time or make them available for a fee. The User shall not be entitled to retain specific Basic Services or parts thereof. The Provider shall, in each case, make every effort to give consideration to the User's legitimate interests. The User's claims to provision of the Basic Services for reasons outside these Terms and Conditions of Use (e.g. resulting from the procurement of hardware that relies on the Basic Services running) shall remain unaffected. Where the User is entitled to such claims to the provision of the Basic Services, Section 22.2b) to Section 22.2d) shall apply accordingly to any changes.
b) The Provider shall be entitled to change the Premium Services at any time, also beyond the necessary updates to maintain contractual conformity, provided this is for good reason and the User does not incur any additional costs as a result. A good reason exists, in particular, in the case of changes to the technical environment, changes in user numbers or improvements to Services. The User shall be informed of any changes via e-mail.
c) Where a change does significantly impair the User's access to the Premium Services or the usability thereof, the User may terminate the agreement on the Premium Services free of charge with a notice period of 30 days. This shall not apply if the Provider enables the User to access or use the unchanged Premium Services without any additional costs.
d) In accordance with Section 22.2c), the User shall be informed by e-mail of any change to the Premium Services at least 45 days before the change. The termination notice period starts when the information about the change is accessed. If the change does not take place until after the information is accessed, the termination notice period shall start at the time the change is made. In the information, the Provider shall point out to the User the latter's right to termination as per Section 22.2c).
e) Section 22.2b) to Section 22.2d) shall also apply to any changes to the Terms and Conditions of Use required for good reason in connection with this.
22.3. Price amendments
a) The Provider is entitled to amend user charges for Premium Services for which no term has been specified, a maximum of once per year, to reflect the impact of changes to the total costs associated with the Premium Services. Examples for cost elements that impact the price of the Premium Services are license costs, costs for the technical provision and preparation of the Premium Services, customer services and other sales-related costs (e.g. invoicing and payment, marketing), general administrative costs (e.g. rent, labor costs, sub-contractor services, IT systems, energy) and taxes and duties.
b) The User shall be informed by e-mail of any price amendments at least 60 days before these are scheduled to come into force. If the User does not accept the change within 30 days of notification or objects to the change, the Provider has the right to extraordinarily terminate the agreement with a notice period of 30 days.
c) As and when the costs in Section 22.3a) fall for the Provider, the Provider shall lower the monthly user charge accordingly. Any cost increases for other cost elements may only be factored in if the Provider has not already factored these costs into an increase in the monthly user charge.
d) Irrespective of the provisions in Section 22.3a) to Section 22.3c), the Provider is entitled to adjust the monthly user charge accordingly in the event of statutory value added tax rising, and obligated to do so in the event of the latter falling.
e) For price amendments that significantly exceed the normal increase in the cost of living, Section 22.2 (c) shall apply with the necessary modifications.
23.1. For Commercial Customers the laws of the Federal Republic of Germany with the exclusion of the UN Convention on Contracts for the International Sale of Goods shall apply. For End Users, the laws of the Federal Republic of Germany with the exclusion of the UN Convention on Contracts for the International Sale of Goods shall apply if (i) the End User's habitual residence is in Germany or (ii) their habitual residence is in a state that is not a member of the European Union or United Kingdom. In the event that the End User's habitual residence is in a member state of the European Union or United Kingdom, German law shall also apply, though this will not impact mandatory provisions of the state/country in which the End User is usually resident ("favourability principle").
23.2. For Commercial Customers, the sole place of jurisdiction for any disputes arising from or in connection with these Terms and Conditions of Use is Stuttgart, Germany. The same applies if the User's domicile or habitual residence was in Germany upon entering into the agreement and the User either relocated outside Germany at the time the Provider commenced legal proceedings or the User's habitual residence is unknown at that time.
24.1. Disruptions caused by unavoidable events which (i) are outside the Provider's control, (ii) could not have been avoided by reasonable means, (iii) were not foreseeable even with reasonable diligence, and (iv) substantially complicate, or wholly or partly render impossible, the Provider's obligations under these Terms and Conditions of Use , such as strikes, blockades, failure of the public power supply network, internet outages, Bitcoin system outages, exceptional weather conditions, operational or traffic disruptions and obstacles to transportation, ("Force Majeure") release the Provider from its obligations under these Terms and Conditions of Use for the duration of the event plus a reasonable start-up period.
24.2. Declarations and notices which are of legal relevance and are submitted to the Provider after the agreement has been concluded (e.g. the setting of deadlines), will be deemed effective only if made in writing (letter, e-mail).
24.3. Should any provision of these Terms and Conditions of Use be or become invalid or unenforceable, this shall not affect the remaining provisions.
25.1. Austria
a) For Users who have their habitual residence in Austria, the following shall apply:
b) Section 16. (Liability)
Section 16.2 is deleted and replaced by the following wording:
"16.2 In the case of slight negligently caused damage to property and financial loss, the Provider shall towards consumers only be liable in the event of a breach of a material contractual obligation but limited in amount to the fee payable by the User for the period of one calendar year, material contractual obligations are those whose fulfilment characterizes the contract and on which the User may rely. In case of commercial customers (B2B) the Provider shall not be liable for slight negligently caused damage to property and financial loss."
25.2. Belgium, The Netherlands & the Grand-duchy of Luxembourg
a) For Users who have their habitual residence in Belgium, the Netherlands & the Grand-duchy of Luxembourg, the following shall apply:
b) Section 14 (Term, Termination)
Section 14.5b) is deleted and replaced by the following wording:
"14.5b) In the event of termination by the Provider for an important reason for which the User is responsible, the Provider shall be entitled to demand a penalty whose amount is equal to [50]% of the usage fee for the portion of the current fees for Premium Services remaining after the termination. The User shall have the right to prove that damage has not occurred or has not occurred in the amount applied and therefore the amount should be reduced. In any case, this amount shall not be lower than 10% of the usage fee for the portion of the current fees for Premium Services remaining after the termination."
Section 16. (Liability) is replaced as follows:16. (Liability) is replaced as follows:
Provider is, regardless the legal basis, only liable in the event of gross negligence, deception or fraud.
In the following cases, liability is governed by statutory provisions:
* in case of deception (“Bedrog-dol”),
* in case of personal injury,
* in case of product liability under the Product Liability Act.
To the extent that liability does not fall under the preceding list, the following applies: Only material damage is eligible for any compensation. Provider's responsibility is in any case limited to an amount 100.000,- €.
The aforementioned limitations of liability shall also apply if the damage is the fault of a vicarious agent of the Provider, and for the personal liability of the Provider's employees, representatives and executive bodies and for claims for the reimbursement of expenses.
25.3. France
For Users who have their habitual residence in France, the following shall apply:
a) Section 6 (Booking of Premium Services)
- Section 6.3c) are not applicable.
- Section 6.3d) is deleted and replaced by the following wording:
"6.3d) The text of the agreement (consisting of the Product Information, the Terms of Use, the service description, if applicable, and the information on withdrawal) shall be sent to the User on a permanent data carrier (e.g. e-mail). Pursuant to article L 213-1 of the French Consumer Code the Provider ensures the storage of the agreement for a period of ten years and will provide it to the User upon request."
b) Section 16. (Liability) is replaced as follows:
The liability of the Provider shall be limited in terms of amount of EUR 100,000 per agreement year.
16.1 The Provider’s responsibility shall be excluded in case of indirect and/or immaterial damages.
16.2 In case the User is a consumer, as defined in the French consumer code, nothing in this present section shall deprive him of protection offered by French law
c) Section 19. (Online dispute resolution platform, Dispute resolution procedures, Complaints)
Section 19.2 is deleted and replaced by the following wording:
19.2 In addition to the above, if the User is a resident in France, he can contact the local ombudsman Centre de médiation et d’arbitrage de Paris (CMAP) :
- via the form available on the CMAP website at www.mediateur-conso.cmap.fr;
- by e-mail to consommation@cmap.fr, or
- by post to the address CMAP – Service Médiation de la consommation, 39 avenue Franklin Roosevelt, 75008 Paris (France)."
25.4. Romania
a) For Users who have their habitual residence in Romania, the following shall apply:
b) Section 16. (Liability)
Section 16.2 is deleted and replaced by the following wording:
"16.2 In the case of negligently caused damage to property and financial loss, the Provider shall only be liable in the event of a breach of a material contractual obligation but limited in amount to the fee payable by the User for the period of one calendar year, material contractual obligations are those whose fulfilment characterizes the contract and on which the User may rely."
c) Section 19 (Online dispute resolution platform, Dispute resolution procedures, Complaints)
Section 19.2 is deleted and replaced by the following wording:
"19.2 In addition to the above, if the User is a consumer, he may also file a complaint to the European Consumer Center – ECC Romania who operates within the Romanian National Authority for Consumer Protection. (https://eccromania.ro/sesizari/)."
d) Section 22. (Updates, Service changes)
Section 22.3e) is deleted and replaced by the following wording:
"22.3e) Should any price change significantly exceed the original price, Section 19.2 shall apply accordingly."
e) Section 23. (Applicable law, Place of jurisdiction)
Section 23. is completed with a new section 23.3 with the following wording:
"23.3 If the User is a consumer resident in Romania, the above sections shall not exclude the applicability of jurisdiction from Romania for legal disputes arising from or in connection with these Terms of Use."
25.5. Spain
a) For Users who have their habitual residence in Spain, the following shall apply:
b) Section 22. (Updates, Service changes)
Section 22.3e) is deleted and replaced by the following wording:
"22.3e) Should any price change significantly exceed the original price, Section 19.2 shall apply accordingly."
25.6. Sweden
a) For Users who have their habitual residence in Sweden, the following shall apply:
b) Section 19. (Online dispute resolution platform, Dispute resolution procedures, Complaints)
Section 19.2 is deleted and replaced by the following wording:
"19.2 As a consumer the User may also file a complaint to the Swedish National Board for Consumer Disputes (www.arn.se/om-arn/Languages/english-what-is-arn/)."
25.7. Switzerland
a) For End Users whose habitual residence is in Switzerland, the following shall apply:
b) Section 23 (Applicable law, place of jurisdiction)
Section 23.1 and 23.2 are replaced by the following wording:
23.1 The legal relationship between the Provider and the End User and these Terms and Conditions of Use shall be governed by Swiss law, to the exclusion of the provisions on the conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
23.2 The courts in Zuchwil (Switzerland) are solely responsible for legal claims of any kind against the Provider, subject to deviating mandatory statutory provisions. The Provider can initiate legal proceedings against the End User either in Zuchwil (Switzerland) or at the End User's registered office or domicile.
25.8. United Kingdom
For End Users who have their habitual residence in the United Kingdom, the following shall apply:
a) Section 6.3 (d) is deleted and replaced with the following:
“d) The text of the agreement for the respective order will be sent to the User by the respective App Store on a durable medium (e.g. e-mail).”
b) Section 15.1 is deleted and replaced with the following:
“The Provider will honour its legal duties towards End Users including providing the Services in accordance with all mandatory requirements imposed by law. Nothing in these Terms and Conditions of User or User Agreement will affect End User’s mandatory legal rights as a consumer.”
c) Section 16.1 is deleted and replaced with the following-:
“16.1: “Nothing in these Terms and conditions of Use excludes any liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, breach of statutory rights applicable to End Users (including under product liability) or any other matter in respect of which it would be unlawful for Provider to exclude or restrict liability. Provider is responsible to End User for foreseeable loss and damage caused by Provider. If Provider fails to comply with the Terms and Conditions of Use or User Agreement, Provider is responsible for loss or damage End User suffers that is a foreseeable result of Provider breaking the Terms and Conditions of Use or User Agreement or Provider’s failure to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both Provider and End User knew it might happen, for example, if End User discussed it with Provider during the sales process. Provider is not liable for business losses.”
d) Sections 16.2, 16.3 and 16.4 shall be deleted for End Users.
25.9. Hungary
For End Users who have their habitual residence in Hungary, the following shall apply:
Section 19.2 is deleted and replaced by the following wording:
"19.2 As a consumer the User may also file a complaint to the conciliation board having competence for the place where the consumer’s home address or habitual residence is located (https://bekeltetes.hu/tartalom/22/menu/9)."
Robert Bosch Power Tools GmbH