Conditions of Participation for “MyFestool”
As of: 01.12.2018
We are delighted that you have decided to open a MyFestool account. You therefore have not only the option to always receive the newest information from Festool, but also to use additional applications in this way.
I. General Terms and Conditions and Registration
1. MyFestool is an online service offer from Festool GmbH, which offers you various applications.
3. For the registration, we need your forename and surname, your email address and address, and the branch of your company. When you use our additional services within “MyFestool”, additional personal data (e.g. device data for Warranty all-inclusive) are necessary. You can also, if you wish, set a profile picture. This is voluntary, and is necessary neither to open the user account nor for one of the offered applications. Your profile data are not visible to third parties.
4. Registration with MyFestool and opening a user account is free for you. Payment obligations can arise from the use of individual applications, e.g. conclusion of a repair order via our online ordering tool. You accept the associated payment obligation by clicking on the confirmation box provided for this.
5. You can cancel your user account at any time and without giving reasons. To do so, please log into your MyFestool account and in the “Personal Data” section click on the link delete “MyFestool account”.
6. Festool reserves the right to partially or wholly supplement, amend, or delete these Conditions of Participation and/or individual applications under MyFestool without giving reasons, or without prior information to the user.
II. Applications via MyFestool
1. The option to use the applications offered on MyFestool does not constitute an offer by Festool, but rather only an invitation to make an offer. By clicking on the respective confirmation box, you make an offer to use the particular service. It is only by express acceptance from Festool or the provision of corresponding services that Festool accepts the offer, and it is only through this acceptance that a contract between the user and Festool (or a company associated with Festool) comes into being.
2. Applications currently offered by Festool:
a) Request your specific product data;
b) Online registration of your product with Warranty all-inclusive;
c) Online commissioning of a repair;
d) Registration to receive an online newsletter.
III. Responsibility for contents/data and/or information of the user, availability
1. You undertake:
a) to only give information that is truthful and not misleading, and not to use pseudonyms or stage names;
b) only to use as the profile picture in your user profile photos in which you are obvious and clearly recognisable. The use of photos or illustrations of other or non-existing persons or other beings (e.g. animals, fantasy creatures, etc.) or of logos as a profile picture is not permitted. You ensure that the reproduction of the profile picture you have submitted to MyFestool is permissible under the application law;
c) To observe the applicable law and the rights of third parties in using MyFestool and the content on MyFestool. You are especially prohibited from using the website or its contents for illegal, pornographic, obscene, defamatory, or rights-infringing purposes;
d) To ensure adequate security equipment and virus scanner before downloading material provided by Festool for your own protection and to prevent viruses on the Festool website.
2. Festool accepts no responsibility for the data you have provided.
3. You recognise that is it not technically possible to achieve 100% availability of the website; Festool does, however, endeavour to keep the website constantly available as far as possible. There can, however, be disruptions due to maintenance, security, or capacity issues.
4. The liability for the freedom from material and legal defects for the materials provided by Festool, especially for their faultlessness, accuracy, freedom from property rights and copyrights of third parties, completeness and/or usability is excluded. This does not apply insofar as the defectiveness is based on intent, gross negligence, or fraud. Compensation claims from the user, regardless of the legal reason, are excluded, especially from breach of contract. This does not apply in the event of intent, gross negligence, the absence of guaranteed properties, and under the German Product Liability Act (ProdHaftG). Liability for consequential losses is excluded between the Parties.
IV. Data protection and consent to the free information service
2. By opening your MyFestool account, you give your consent to your personal data being stored, processed, and used by Festool GmbH and its group companies for the purposes of providing customer support (for example, via product information, new products, offers, invitations to events, market research) by post, telephone or email. This consent is voluntary. You can - with effect for the future - change or prevent the use of your personal data for the purposes of customer support at any time in your MyFestool account. In the event of an objection, please address it to: TTS Tooltechnic Systems AG & Co. KG, Wertstrasse 20, 73240 Wendlingen (Germany) or by email to email@example.com.“
V. Final provisions
1. In order update your customer data, Festool requests that you make an prompt change in your free MyFestool account at www.festool.co.uk or send a prompt notification via the contact form on our Internet site www.festool.de, by telephone via our service number +49 7024 804 2 41 08 or by post to Festool GmbH, Wertstraße 20, D-73240 Wendlingen. Festool GmbH cannot accept additional costs incurred due to out-of-date customer data.
2. The law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), applies.
3. The exclusive place of jurisdiction for all disputes from or in connection with a MyFestool account is Festool GmbH’s registered office.
4. Should a provision of these Conditions be or become partially or wholly invalid or unenforceable, or should there be a loophole in these Conditions, this shall not affect the validity of the remaining provisions. In the place of the invalid or unenforceable provision, a valid or unenforceable provision is deemed agreed which comes as close as possible to the purpose of the invalid or unenforceable provision. In the event of a loophole, a provision is deemed agreed which corresponds to what would have been agreed according to the purpose of these Conditions.