B2B portal of thyssenkrupp Schulte GmbH:
Terms of Use

Welcome to the B2B portal of thyssenkrupp Schulte GmbH! 

The B2B portal is intended solely for natural or legal persons or partnerships with legal capacity who, in accordance with § 14 BGB (German Civil Code), act in the course of their commercial or independent professional activity when using the B2B portal (‘entrepreneurs’). However, the registration of consumers for the B2B portal and, in particular, the sale of products to consumers via this B2B portal is expressly excluded.

Please read the following terms and conditions carefully. By using the B2B portal, each visitor implicitly agrees with 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 distribution of products (hereinafter referred to as "B2B Portal"). 

(2) The B2B Portal can be used by both registered and non-registered visitors or visitors who are not logged in (collectively referred to below as "users"). 

(3) The possible types of use in the public area of the B2B portal, which is accessible to all visitors regardless of their registration, include, for example, the possibility to obtain information about the product range, special delivery conditions and the General Terms and Conditions of Delivery and Payment (ALZB) of the Provider.

(4) Furthermore, in the closed area of the B2B portal, which is only accessible to registered and logged-in visitors, registered users have the option of placing binding orders for products with the Provider, as well as, if available, viewing historical data on past deliveries and current delivery contracts, in particular orders and order confirmations.

(5) The Provider reserves the right to modify, expand or restrict the B2B portal and individual functionalities of the portal at any time at its own discretion.

§ 2 Subject matter, scope of application, amendments to the terms and conditions of use 

(1) The subject matter of these Terms of Use is the the user contract and the regulation of the use of the B2B portal by all visitors, whether registered or not.

(2) By using the B2B portal, the user declares his or her agreement with the validity of these Terms of Use. They apply to the relationship between the Provider and the user in connection with the use of the B2B portal, including, but not limited to, the obtaining, use and further processing of data and information made available to the user.

(3) The Provider reserves the right to change or supplement these Terms of Use at any time without stating reasons.

(4) In the event of a change to theseTerms of Use, the user also declares his agreement with  such changes and recognizes them as binding by using the B2B portal after the changes have come into force.

(5) The current version of the Terms of Use can be accessed electronically here. 

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

§ 3 Provider Information 

Ccontractual partner of the user with regard to the contract of the Provider. Further information about the Provider, including contact details and legal information, can be found in the imprint section of the B2B portal. 

§ 4 Types of Use / Registration / Deregistration 

(1) Use as a guest: 

Use without prior registration or without prior login with one's own user data (hereinafter referred to as ‘guest use’) is possible. Users who navigate the B2B portal without registering in advance and/or logging in with their existing registration data (hereinafter referred to as ‘guests’) may only access the public area of the B2B portal. This public area contains general, non-contract-specific details, e.g. the supplier's product portfolio, the General Terms and Conditions of Delivery and Payment, and the Data Protection Agreement.

(2) Use as a registered user: 

a) The prerequisite for using the closed part of the B2B portal is the one-time registration of the user and logging in with his user data before each use of this area (hereinafter referred to as ‘use as a registered user’). A registered user has access to the closed part of the B2B portal upon completion of the login process. In the closed part of the B2B portal, the registered user has the option, in addition to the functions of the public area of the B2B portal, of using the purchasing function of the B2B portal, and, to the extent available of inspecting historical data on previous deliveries and as well data on current supply contracts,  in particular orders and order confirmations, invoices and delivery documents.

b) These Terms of Use govern only the use of the B2B portal in general. The purchase of products on the B2B portal via use of the purchase function is governed by the Provider's General Terms and Conditions of Delivery and Payment for the B2B portal.

(3) Registration: 

(a) In order to register, the user must complete a registration application on the B2B portal, whereby he must expressly confirm that he has read these Terms of Use and consent to their applicability.

b) Registration is both personal and company-related. Accordingly, a user can only be a natural person acting on behalf of a company. Registration is carried out with regard to the respective natural person registering as well as the company for which they are registering. If, in addition to the respective user, other persons who are authorized to represent the company require access to the portal, separate registrations must be made in each case.

The user is obliged and assures that he will not provide false information about himself or his company. He is also obliged to regularly check and if necessary correct the information provided to ensure that it is correct for the duration of the registration.
The user must provide at least the following information in the registration form: first name, last name, company name, industry, customer number, email address, telephone number.

Before completing the registration, the user can check and correct the information entered.

c) After the registration request has been received, the user will be activated by the Provider after the user's data has been checked.

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 of the B2B portal at any time without stating reasons. The user has no right to claim activation or acceptance of the user contract as a registered user by the Pprovider.

The activation is done by sending an e-mail to the user's e-mail address provided 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 for the first time with the access data. The user can subsequently change his access data at any time.

(4) Deactivating or deleting the user account: 

The users can deactivate or delete their user accounts at any time by either clicking on the corresponding button in the ‘My account’ section or by sending a message to that effect to the contact details stored on the B2B portal. The user account will be deleted immediately after receipt of the request for deletion as part of the Provider's ongoing business operations.

§ 5 User obligations

(1) The user is obliged to keep his access data to the B2B Portal strictly confidential at all times and not to pass it on. Furthermore, the user must ensure at all time that third party access to the B2B portal through unauthorized use of his end devices (e.g. PC, mobile phone) is prevented. The user shall be fully liable if, as a result of his actions or omissions, unauthorized persons or third parties or former employees use or are able to use his access data. 

(2) The user shall immediately notify the Provider of any changes to the user data using the contact data provided in the B2B portal and update the user data accordingly.

(3) If the user leaves the company indicated as the company represented when registering, or if the user loses his/her responsibility and/or power of representation within the company for the functions of the closed area of the B2B portal, the registration shall become invalid. The user shall immediately notify the Provider of this fact using the contact data provided on the B2B portal and shall refrain from any further use of the B2B portal. The user shall be responsible for compliance with the above obligations.

(4) The user is also obliged to treat as confidential the data and content made available to him via the B2B portal and to disclose it only to employees and representatives authorized by the respective company for which the user has registered. He must ensure that the data and information are not made accessible to unauthorized third parties. An authorization to take note of the data and information may arise from mandatory legal regulations.

(5) The user is prohibited from using the B2B portal for fraudulent or otherwise illegal activities.

(6) The user is also prohibited from using the B2B portal or a service operated through the portal in a manner that is likely to interrupt, damage or otherwise impair access to or the functionality of the B2B portal.

(7) The Provider reserves the right to close the user account. This applies in particular if the user violates applicable law, contractual agreements including these Terms of Use or guidelines of the Provider when or in the course of using the B2B portal.

(8) The user shall be liable to the provider for any damages incurred by the latter because of the user violating his obligations under these Terms of Use. The user shall also be obliged to indemnify the Provider against any third-party claims arising from the user's violation of his obligations.

§ 6 Remuneration / Availability 

(1) Registration as a user and use of the B2B portal itself is free of charge. However, costs may arise from binding agreements and transactions that the user enters into while using the B2B portal. 

(2) The B2B portal is availability 24 hours a day. However, maintenance of the B2B portal's availability is a voluntary service provided by the provider and is not a contractual obligation. The Provider does not guarantee full availability, nor does it warrants such availability. Maintenance work that is necessary for the system or the provision of new functionalities may lead to interruptions or impairments in availability. 

§ 7 Disclaimer 

(1) The Provider shall be liable without limit under this licence agreement for damages due to breach of contractual or non-contractual obligations only in cases of intent and gross negligence and in cases of simple negligence only in the event of breach of material contractual obligations. Material contractual obligations are those whose breach jeopardizes the achievement of the purpose of the contract or whose fulfilment is essential to the proper execution of the contract and on whose compliance the user regularly relies. In cases of simple negligence, the liability of the provider is limited to the foreseeable, contract-typical damage at the time of the conclusion of the contract.

(2) The data and information that the Provider makes available to the user on this B2B portal is compiled with the greatest possible care and to the best of the Provider’s knowledge and is constantly updated. Despite the most careful control, the accuracy of this data and information cannot be guaranteed. The provider therefore excludes any liability or guarantee with regard to the accuracy, completeness, availability and timeliness of the content provided on this B2B portal.

(3) Use of the B2B portal is free of charge, as per § 6. The provider endeavors, within the scope of its economic and technical possibilities, to make the B2B portal available on a complete and uninterrupted basis. However, availability cannot be guaranteed and does not constitute a contractual obligation on the part of the Provider. The Provider shall therefore not be liable for damages of any kind arising from the unavailability, interruption, inaccessibility or closure of applications or the defectiveness of the B2B portal.

(4) The above limitation of liability shall not apply in the event of injury to life, limb or health.

(5) Insofar as the liability of the Provider is excluded or limited, this shall also apply in favour of employees, representatives and vicarious agents of the provider.

§ 8 User obligations 

(1) Unless otherwise indicated, all trademarks used on the B2B portal are protected by trademark law. This applies to company logos and marks.

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

(3) § 8 (2) applies accordingly to the entire data inventory contained in the B2B portal or provided through the B2B portal.

(4) By granting the user permission to use the B2B portal, the Provider does not transfer any rights to the user with regard to the Provider's underlying content, brands or other intellectual property rights, nor does it otherwise grant such rights to the user, insofar as these go beyond 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 tools such as data collection or extraction programmes to extract significant parts of the B2B portal, its design or the content contained therein for their own use.

(6) The user is prohibited from creating and/or publishing their own database that contains significant 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, the content of which is beyond the Provider's control. The respective operators of the linked websites are responsible for the content and correctness of the information provided. If a violation of laws by providers of external content should become known, the links will be removed from the B2B portal as quickly as possible. There will be no separate notification to the user.

(2) Likewise, it is solely the 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 and the consequences of using external websites.

§ 10 Data protection 

(1) By using the B2B portal, the user declares their consent to the validity of the Data Protection Declaration. 

(2) User data obtained by the Provider in the context of using the B2B portal or registering will be stored, processed and used in accordance with the Data Protection Declaration. 

§ 11 Electronic Communication 

(1) The parties communicate electronically when using the B2B portal or when sending e-mails or messages of any kind from the user's computer or mobile device to the provider. The Provider communicates with the user electronically e.g. via e-mails, publishing electronic messages or other communication on the B2B portal.

(2) For contractual purposes, the user consents to the Provider contacting him electronically, provided that no mandatory legal regulation requires the written form.

§ 12 Term of usage contract, termination and consequences of termination 

(1) The usage contract is concluded for an indefinite period.

(2) Either party may terminate the contract of use with 30 days' notice. The notice of termination must be in writing. The right of either party 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 will no longer have access to the data stored in the user account and will no longer be able to place orders. From the termination date onwards, use of the B2B portal is only possible as a guest, subject to re-registration.

§ 13 No Waiver 

(1) The Provider's failure to act in response to a violation of these Terms of Use by the User does not constitute a waiver of the Provider's rights.

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

§ 14 Applicable Law / Jurisdiction / Dispute Resolution Bodies 

(1) These terms and conditions, the privacy policy and disputes related to this are subject to the substantive law of the Federal Republic of Germany, excluding the UN Sales Convention (CISG)

(2) For merchants, legal entities under public law or special funds under public law the exclusive place of jurisdiction for disputes in connection with these terms and conditions of use is Essen (Germany).

(3) In accordance with § 36 VSBG (Verbraucherstreitbeilegungsgesetz – Law on alternative dispute resolution in consumer disputes), 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

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

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