KNIPEX App Terms of Use
1. Scope
These General Terms of Use (hereinafter "GTU") apply to the use of the "KNIPEX App" (hereinafter "App") offered by KNIPEX-Werk C. Gustav Putsch KG, Oberkamper Strasse 13, 42349 Wuppertal (hereinafter "KNIPEX") and all related services (hereinafter "Services").
The use of the Services is governed exclusively by these General Terms and Conditions. They are part of the App offered via the Apple App Store/Google Play Store between KNIPEX and a person who would like to download and use the App on a suitable end device (hereinafter "User"). Conditions deviating from these General Terms and Conditions only apply if KNIPEX has agreed to them in writing. If the App is downloaded from a third-party provider, for example via the Apple App Store (for iOS devices) or the Google Play Store (for Android devices), the corresponding conditions of the respective third-party provider also apply.
2. Conclusion of the User Contract
By registering a user account in the App, the User accepts these terms of use.
Without registration, the use of one or more Services is not possible or only possible to a limited extent.
KNIPEX does not currently charge any fee for using the Services.
3. Services
The Services offered by KNIPEX in the App include the following:
- • Detailed product search using the "Product Finder" and/or the "KNIPEXplorer" by means of which information on tools – sometimes in different forms of display – can be called up and suitable products can be searched for
• Maintenance of a wishlist with which the User can save products in their user account and retrieve them at a later point in time
• Setting further user-specific preferences
4. Technical Requirements and Use of the Services
The provision of the Services requires the User's mobile device (in particular data transmission and telephony) and the mobile network of the User's mobile network provider to be functional and ready for operation. The functionality and operational readiness of the mobile end device and the mobile phone connection are not part of the Services provided by KNIPEX; the User is responsible for this.
In order to use the "Product Finder", "Wishlist" and "KNIPEXplorer" Services, the User must first create a user account in the App and then log in. In this respect, the data protection provisions (see Section 10) also apply.
KNIPEX reserves the right to continuously adapt the Services and the requirements for using the Services. In order to use the Services, the User should therefore keep the operating system of their mobile device and the App up to date. Otherwise, trouble-free use of the Services cannot be guaranteed.
5. Care and Support
KNIPEX is not obliged to update the App or to carry out other regular or irregular updates/upgrades. However, if KNIPEX provides updates and/or upgrades for download, the User is obliged to install them. Otherwise, KNIPEX cannot ensure that the App works properly or that the information provided is up to date.
6. Rights of Use and Intellectual Property
The User is granted a simple, free, non-exclusive, non-transferrable and non-sublicensable right to use the Services in accordance with the provisions of these General Terms and Conditions. Further rights of use are not granted. KNIPEX can revoke this right of use at any time.
The User is prohibited from sublicensing, transferring, distributing, sharing or otherwise generating revenue from the Services or copying them onto any public or distributed network. Furthermore, they may not decompile, reverse engineer, disassemble or otherwise attempt to obtain any part of the Services, any source code, object code or underlying structural ideas, know-how or algorithms or other functional mechanisms of the Services, unless this is permissible in individual cases due to mandatory legal regulations. Finally, the User must use the App and the Services in such a way that applicable laws and regulations are not violated.
The App itself and the graphics, diagrams, photos, illustrations, user interfaces and other images and moving images as well as editorial content contained therein are the property of KNIPEX and/or third parties. This also applies if the User alters the App or connects it to their own programmes or those of a third party. If and to the extent that App content contains intellectual property of third parties, it is guaranteed that KNIPEX has duly acquired this intellectual property from third parties and/or is entitled to use it within the scope of the App and, if necessary, to license it further. The User is not entitled to use such protected content or materials in any way, except within the scope of the intended use of the App in accordance with these terms of use.
The User is not granted any rights or licences with regard to the "KNIPEX" word mark, the KNIPEX logo and other marks used in connection with the App.
The above provisions of these General Terms and Conditions also apply to any updates and/or upgrades provided by KNIPEX that replace or supplement the original App, unless such an update and/or upgrade is subject to a separate usage agreement. In this case, the update and/or upgrade will be subject to the terms of the separate usage agreement.
7. Warranty
KNIPEX assumes no liability or guarantees regarding the availability, reliability, functionality or suitability of the App for the User's purposes. The product details provided by KNIPEX are non-binding. They are not guaranteed quality features, but serve as descriptions and identifications. KNIPEX does not guarantee that the products identified by the User via the "KNIPEXplorer" are suitable for the purposes intended by the User. KNIPEX strives for up-to-dateness at all times, but is never obliged to update the App content.
8. Liability
Liability is excluded, unless liability is mandatory under the Product Liability Act due to intent, gross negligence, injury to life, limb or health, due to the assumption of a quality guarantee, due to fraudulent concealment of a defect or due to the violation of essential contractual obligations. Significant contractual obligations are obligations which must be fulfilled for the proper execution of the contract and the observance of which the contracting parties may regularly rely on. Compensation for damages due to breach of essential contractual obligations is limited to the foreseeable damage that is typical for the contract, insofar as there is no intent or gross negligence.
9. Duration and Termination
The usage contract runs for an indefinite period and can be terminated by KNIPEX and/or the User at any time without notice.
The User can terminate the usage contract by deleting the App and the user account. If the User has created a user account within the App, this will continue to exist regardless of the deletion of the App from the User's mobile device. The user account can be deleted in the menu under "Settings" by tapping on "Delete account". In this respect, the data protection provisions (see Section 10) also apply.
A permanent cessation of the Services to the User represents an immediate termination by KNIPEX.
The rights of use granted in accordance with these General Terms and Conditions expire in the event of termination of the user contract, so that the User is no longer entitled to use the App.
10. Data Protection
KNIPEX is obliged to comply with the statutory provisions on data protection, in particular the General Data Protection Regulation (GDPR). The processing of personal data by KNIPEX within the scope of the Services is explained in more detail in Privacy Policy for the App, which can be accessed here.
11. Final Provisions
German law applies to all legal relationships between KNIPEX and the User, excluding conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Should individual provisions of these General Terms and Conditions be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the provisions. In place of the non-included or ineffective terms of use, KNIPEX and the User will make an effective provision in place of the void or ineffective provision that comes as close as possible economically, provided that no supplementary interpretation of the contract has priority or is possible.
Information according to § 36 of the German Consumer Dispute Resolution Act:
KNIPEX will not take part in a dispute resolution procedure before a consumer arbitration board.
