Terms of Use for the thyssenkrupp Schulte GmbH B2B Portal

Welcome to the B2B Portal of thyssenkrupp Schulte GmbH! 

The B2B Portal is aimed solely at natural or legal persons or legal partnerships who, in accordance with § 14 BGB (German Civil Code), when using the B2B Portal are acting in exercise of their commercial or independent professional activity ("entrepreneurs"). However, registration of consumers on this B2B Portal and,in particular, the sale of goods to consumers via this B2B Portal is expressly excluded. 

Please familiarize yourself with the following Terms of Use. By using the B2B Portal, each visitor implicitly agrees to be bound by these Terms of Use as applicable from time to time.  

§ 1 General 

(1) thyssenkrupp Schulte GmbH (hereinafter referred to as the "Provider") operates a B2B Portal under the domain portal.thyssenkrupp-schulte.de as a service platform and for the sale of goods ("B2B Portal"). 

(2) The B2B Portal can be used by both registered and non-registered Users as well as visitors who have not logged into their registered account ("Users"). 

(3) The possible types of use in the public area of the B2B Portal include, for example, obtaining information about the product range as well as about prices, Terms of Delivery and General Terms of Delivery and Payment of the Provider. 

(4) Beyond that, registered Users in the closed area of the B2B Portal have the opportunity to order and buy goods from the Provider via the B2B Portal and, if available, to view historical data on past deliveries, current delivery contract relationships, i.e. in particular order confirmations and delivery schedules. 

(5) The usage options are described in detail below. 

§ 2 Subject matter, scope of application, changes to the Terms of Use 

(1) The subject matter of these Terms of Use is the conclusion of the Contract of Use for the B2B Portal as well as general regulations for the use of the B2B Portal. 

(2) By using the B2B Portal, the User agrees to be bound by these Terms of Use. They apply in the relationship between the Provider and the User in connection with the use of the B2B Portal, including but not limited to the acquisition, use and further processing of data and information provided to the User. 

(3) The Provider reserves the right to amend these Terms of Use at any time without giving reasons. 

(4) In the event of an amendment to these Terms of Use, the Uuer, by using the B2B Portal after the amendments have come into force, also agrees to those amendments and recognizes them as binding. 

(5) The then current version of the Terms of Use is electronically available here. 

(6) These Terms of Use are available in German and English. 

(7) These Terms of Use shall not apply to the extent that any deviating written agreements have been or are made between a User and the Provider. In particular, these Terms of Use do not affect existing or future contractual relationships between customers or suppliers on the one hand and the Provider on the other hand, unless these explicitly refer to these Terms of Use or the use of the B2B Portal is part of the contract. Expressly deviating agreements always take precedence over the provisions of these Terms of Use. 

§ 3 Provider Information 

The contractual partner of the User with regard to the Contract of Use is the Provider. Further information about the Provider including contact details and legal notices can be found in the imprint of the B2B Portal. 

§ 4 Types of use / Registration / De-registration 

(1) Use as a guest: 

Use without prior registration or without prior login with one's own User data ("guest use") is possible. Users who use the B2B Portal without registering in advance and/or logging in with their existing account ("guests") can only access the public area of the B2B Portal. 

This public area contains the Provider's product portfolio, the General Terms and Conditions of Delivery and Payment, Disclaimer, Imprint and Data Protection Agreement. 

(2) Use as a registered User: 

a) Prerequisites for the use of the closed part of the B2B Portal are the registration of the User and a log-in with his User data prior to use of the B2B Portal ("use as a registered User"). 

A registered User has access to the closed part of the B2B Portal upon completion of the log-in process. In the closed part of the B2B Portal, the registered User has the possibility, in addition to the functions of the public area of the B2B Portal, to use, among other things, the purchase function of the B2B Portal, as well as to view historical data on previous deliveries and current supply contract relationships, i.e. in particular order confirmations, invoices and delivery documents, in each case to the extent available and dating back to 06.04.2023 inclusive. 

b) Distinction between new and existing customers of the B2B Portal: With regard to the purchase function, the B2B Portal distinguishes among registered Users acting for new customers and those acting for existing customers. 

For Users acting for new customers, there is only the option of purchasing against advance payment, while Users acting for existing customers can use any payment method offered by the B2B Portal, subject to other restrictions. 

Existing customers are those entrepreneurs the Provider has already supplied goods to at least once based on an order placed via the B2B Portal. New customers are those entrepreneurs for whom a User may have registered, but whom the Provider has not yet supplied with goods via the B2B Portal. Whether a User has been registered as acting for a New Customer or as acting for an Existing Customer shall be communicated to the User by the Provider in the course of the User's activation (cf. § 4 (3) c) below). 

c) Description of the "Purchase Function": These Terms of Use solely regulate the use of the B2B Portal in general. The use of the purchase function is described in the General Terms and Conditions of Delivery and Payment portal.thyssenkrupp-schulte.de. 

(3) Registration: 

(a) In order to register, the User must complete an application for registration on the B2B Portal, whereby the User must also expressly confirm that he has read these Terms of Use and agree to their applicability. 

The Provider offers the possibility of registration and thus the use of the closed part of the B2B Portal for commercial use only to commercial Users, i.e. entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) as well as to those natural persons who are duly authorized by an entrepreneur to represent him in purchasing. 

b) The registration is cumulatively person- and company-related. Accordingly, a User can only be a natural person acting on behalf of an entrepreneur. The registration is carried out both in relation to the respective registering natural person and to the company for which he/she is registering. If, in addition to the respective User, other persons authorized to represent the customer require access to the B2B Portal, separate registrations shall be made in each case. 

The User undertakes to and warrants that he will not provide any false information about himself and his company. He further undertakes to check his deposited data regularly in order to ensure their correctness for the duration of the registration. 

In the registration form, the User must provide at least the following information: First name, last name, company name, industry, customer number, e-mail address. 

Before completing the registration, the User has the opportunity to check and correct his entries. 

c) After receipt of the application for registration, the User will be activated by the Provider after checking the User's data. 

However, the Provider is entitled to reject the User's application for registration at its own discretion or to restrict or exclude the User's use at any time without stating reasons. The User has no right to activation or acceptance of the User contract as a registered User by the Provider. 

The activation takes place via e-mail to the e-mail address of the User given during registration. In this e-mail, the User is requested to set a password by clicking on a link contained in the e-mail. The registration process is completed when the User logs in with the access data for the first time. The User can subsequently change his access data at any time. 

(4) De-registration: 

The User may delete his User Account at any time and de-register from the B2B Portal by sending a corresponding message to the contact data stored in the B2B Portal. The User account will be deleted immediately upon receipt of the deletion request as part of the Provider's ongoing business operations. 

(5) The Provider reserves the right to change, expand or restrict the B2B Portal as well as individual functionalities of the same at any time at its own discretion, insofar as the Provider has not otherwise committed itself to the User in writing. 

§ 5 Duties of the User 

(1) The User is obliged to keep his access data to the B2B Portal strictly confidential at all times and not to pass them on. Furthermore, the User shall at all times ensure that third party access to the B2B Portal through unauthorized use of its end devices (e.g. PC, cell phone) is excluded. The User shall bear unlimited responsibility if, as a result of his actions or omissions, persons or third parties not or no longer authorized by him or employees who have left the company are able to use or have used the access data. 

(2) The User agrees, to the extent permitted by applicable law, to be responsible for all entries or other activities made in the B2B Portal using his access data. 

(3) The User shall immediately notify the Provider of any changes to the User Data using the contact data stored in the B2B Portal or update its User Data accordingly. 

(4) If the User leaves the company represented by him/her during registration, or if the User loses his/her responsibility and/or authority to represent the company with regard to the functions of the closed area of the B2B Portal, the registration shall become invalid. The User shall immediately notify the Provider of this circumstance using the contact data stored in the B2B Portal and shall refrain from further use of the B2B Portal. The User is responsible for compliance with the above obligations. 

(5) Likewise, the User is obligated to treat data and content made available to him via the B2B Portal as confidential and to disclose it only to employees and representatives authorized by the customer company for which the User has registered. He shall ensure that the data and information do not become accessible to unauthorized third parties. An authorization for third parties to access and take note of User Data may result from mandatory legal regulations. 

(6) The User is prohibited from using the B2B Portal for fraudulent or otherwise illegal activities. 

(7) The User is also prohibited from using the B2B Portal or a service operated by the B2B Portal in a manner that is likely to interrupt, damage or otherwise impair access to or a functionality of the B2B Portal. 

(8) The Provider reserves the right to close the User account. This applies in particular in the event that the User violates applicable law, contractual agreements including these Terms of Use or guidelines of the Provider during or on the occasion of the use of the B2B Portal. 

(9) The User is liable to the Provider for damages incurred by the Provider as a result of the User violating his obligations under these Terms of Use. The User is also obligated to indemnify the Provider from claims of third parties that arise from a breach of duty by the User. 

(10) The User is responsible for maintaining all facilities necessary for him to access the Internet and the B2B Portal. 

§ 6 Remuneration / Availability 

(1) Registration as a User and the use of the B2B Portal itself is free of charge. However, costs may arise from binding agreements and transactions which the User enters into in the course of using the B2B Portal. 

(2) The B2B Portal has an availability of 24 hours a day. However, maintaining the availability of the B2B Portal is a voluntary offer by the Provider and not a contractual obligation. The Provider neither guarantees nor warrants full availability. Maintenance measures required for the system or the provision of new functionalities can lead to interruptions or impairments of the availability. 

§ 7 Disclaimer 

(1) The Provider is liable within the scope of this User contract for damages, due to violation of contractual as well as non-contractual obligations, without limitation only in cases of intent and gross negligence and in cases of simple negligence only in case of violation of essential contractual obligations. Essential contractual obligations are those whose breach jeopardizes the achievement of the purpose of the contract or whose fulfillment makes the proper execution of the contract possible in the first place and on whose performance the User regularly relies. In cases of simple negligence, the liability of the Provider shall be limited to the damage foreseeable at the time of the conclusion of the contract and typical for the contract.  

(2) The data and information provided by the Provider to the User on this B2B Portal are compiled and continuously updated with the greatest possible care and to the best of the Provider's knowledge. Despite the most careful control, the accuracy of this data and information cannot be guaranteed. The Provider therefore excludes any liability or warranty with regard to the accuracy, completeness, availability and actuality of the content provided on this B2B Portal. 

(3) The use of the B2B Portal is free of charge according to § 6. The Provider shall endeavor to make the B2B Portal available completely and uninterruptedly within the scope of its economic and technical possibilities. Nevertheless, availability cannot be guaranteed and does not constitute a contractual obligation to perform on the part of the Provider. The Provider's liability for damages of any kind arising from the non-availability, interruption, inaccessibility or closure of applications or the defectiveness of the B2B Portal is therefore excluded.  

(4) For the reasons stated in paragraphs (1) and (2) of this § 7, the Provider's liability for damages of any kind incurred by the User from the incomplete or incorrect transmission of call-off information to the Provider is excluded. In all other respects, the provisions of the framework agreements, in particular regarding exclusions and limitations of liability, shall apply to damages and claims of the User arising in connection with any call-offs under existing framework agreements.  

(5) The above limitation of liability shall not apply in the event of injury to life, limb or health or for a defect following the assumption of a guarantee for the quality of a product and in the event of fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected. 

(6) As far as the liability of the Provider is excluded or limited, this also applies in favor of employees, representatives and vicarious agents of the Provider.  

§ 8 Duties of the User 

(1) Unless otherwise stated, all trademarks used on the B2B Portal are protected by trademark law. This applies in particular to company logos and trademarks. 

(2) The design, images and other content of the B2B Portal are subject to copyright and intellectual property laws. 

(3) Section 8 (2) shall apply accordingly to the entire stock of data contained in the B2B Portal or made available by the B2B Portal. 

(4) By allowing the use, the Provider shall neither transfer nor otherwise grant to the User any rights to content, trademarks or other intellectual property rights subject to the User, to the extent that such rights exceed the rights required for the use of the B2B Portal in accordance with the agreement. 

(5) Without the express written consent of the Provider, the User is prohibited from extracting and/or reusing data and/or content (e.g. images, prices) of the B2B Portal in whole or in part. In particular, the User is prohibited from using technical aids such as data collection or extraction programs to extract essential parts of the B2B Portal, its design or the content contained therein for his own use. 

(6) The User is prohibited from creating and/or publishing his own database containing essential parts of the B2B Portal without the express written consent of the Provider. 

§ 9 External Links 

(1) The B2B Portal may contain links to other websites over whose content the Provider has no influence. The respective operators of the linked websites are responsible for the content and accuracy of the information provided. At the time of linking, no legal violations were apparent. If such an infringement becomes known, links will be removed as quickly as possible. No separate notice is given when the User leaves the B2B Portal. 

(2) Likewise, it is the sole responsibility of the respective operator of a linked website to design it in accordance with the legal requirements for data protection and information security. 

(3) The Provider expressly excludes liability for the content as well as the consequences of the use of such websites. 

§ 10 Data protection 

(1) By using the B2B Portal, the User acknowledges and agrees to the Data Protection Declaration. 

(2) User data obtained by the Provider in the course of using the B2B Portal or registration shall be stored, processed and used in accordance with the Data Protection Declaration. 

§ 11 Electronic Communication 

(1) Within the scope of the use of the B2B Portal or by sending e-mails or messages of any other kind from computers or mobile devices of the User to the Provider, the Parties communicate electronically. The Provider communicates with the User electronically in various ways, e.g. via e-mails, publication of electronic messages or other communication in the B2B Portal. 

(2) For contractual purposes, the User agrees that the Provider may contact him electronically, unless there is a mandatory legal requirement for the written form. 

§ 12 Term of the Contract of Use, Termination and Consequences of Termination 

(1) The Contract of Use runs for an indefinite period of time. 

(2) The Contract of Use may be terminated by either party with 30 days' notice. The notice of termination must be in text form at least. The right of both parties to terminate the Contract of Use for good cause remains unaffected. 

(3) Upon termination of the Contract of Use, the User account will be blocked. From this point on, the User no longer has access to his data stored in the User account and he can no longer place orders. From the time of termination, use of the B2B Portal is only possible as a guest User - subject to renewed registration. 

§ 13 No Waiver 

(1) Failure of the Provider to respond to a violation of these Terms of Use by the Provider does not constitute a waiver of the Provider 's rights. 

(2) In particular, the Provider remains entitled to exercise its rights in the event of any future violation of the Terms of Use by the User. 

§ 14 Applicable Law / Place of Jurisdiction / Dispute Resolution Bodies 

(1) These Terms of Use, the Data Protection Declaration and any disputes arising out of or in connection therewith shall be governed by the substantive law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), subject to any deviating individual agreements. Any applicable, mandatory consumer law provisions shall remain unaffected by the choice of law. 

(2) With merchants, legal entities under public law or special funds under public law as well as Users who do not have a general place of jurisdiction in Germany or who have moved their domicile or habitual residence out of Germany after conclusion of the Contract of Use, as well as such Users whose domicile or habitual residence is unknown, it is agreed that the exclusive place of jurisdiction for disputes in connection with these Terms of Use and the Data Protection Declaration shall be Essen (Germany). 

(3) The European Union has initiated an online platform ("ODR platform") for the out-of-court settlement of consumer disputes. In the event of complaints about goods or services that you have purchased from us via the Internet, consumers can find a neutral dispute resolution body there for out-of-court dispute resolution. The ODR platform can be accessed at the following link: Online Dispute Resolution | European Commission  

(4) In accordance with § 36 VSBG (Verbraucherstreitbeilegungsgesetz - German Consumer Dispute Resolution Act), the Provider points out that he is generally not willing and obliged to participate in dispute resolution proceedings before a consumer arbitration board. 

§ 15 Severability clause 

Should any provision of these Terms of Use be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. 

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