General Terms and Conditions of Use

(1) The World of Filtration GmbH, Äussere Oybiner Strasse 14/16 in 02763 Zittau (“WOF”) offers the possibility to use the Online Trading Platform according to the stipulations of these Terms and Conditions of Use.

(2) This use is only permitted for traders within the meaning of Section 14 of the Civil Code (Bürgerliches Gesetzbuch) and legal entities under public law and special funds under public law.

Within the meaning of these General Terms and Conditions of Use:

1. Offerors mean traders within the meaning of Section 14 of the Civil Code and legal entities under public law and special funds under public law who offer Products via the Online Trading Platform;
2. Provision Service means saving and making the Online Trading Platform and its retrievable contents available by WOF;
3. against payment means a service, especially a Provision Service, insofar as the User pays a price for this to WOF as consideration and/or makes personal data available or has agreed to do so, unless the provision of personal data occurs solely to fulfil WOF’s obligation to perform or to meet the legal requirements imposed on WOF;
4. Content Data means data that is uploaded by the User to the WOF server or created or processed by the User there;
5. Buyers mean traders with the meaning of Section 14 of the Civil Code and legal entities under public law and special funds under public law who procure Products through the Online Trading Platform;
6. Users mean Offerors and Buyers as well as their respective salaried employees and other co-workers, who have received access to the Online Trading Platform from WOF;
7. Online Trading Platform means a virtual platform of the same name operated under www.world-of-filtration.com by WOF, on which Buyers can view and select Products from certain Offerors and directly enter into contracts with the respective Offeror to purchase Products;
8. Products mean goods or services, especially in the field of filtration;
9. free means a service that is not against payment;
10. Prohibited Content Data means content data that contravenes a law, an administrative order, or that transgresses standards of public decency, or contains malware or promotes the dissemination of such malware; in particular, these include infringements of the General Act of Equal Treatment (Allgemeine Gleichbehandlungsgesetz) and the provisions of the Protection of Young Persons Act (Jugendschutzgesetz) and the Data Protection Act (Datenschutzgesetz), criminal offences, actions contrary to competition, breaches of third-party rights, namely the general right of personality, the right to one’s own image, breaches of copyrights, the right to the use of a name, the law of trade marks, the right to a business name and other commercial property rights, breaches of business or trade secrets, as well as pornographic, discriminating, racist or extreme right-wing content, or content glorifying violence or injuring religious feelings, hate speeches, spam and other undesired advertising, malware, such as viruses, worms, trojans or phishing links.

(1) The Online Trading Platform is not permanently accessible but subject to a deviating agreement in individual cases merely to the extent as this is customary for an offer of this kind. Not covered by the agreed availability are times of non-availability due to

1. disruptions of the Internet not influenceable by WOF or other circumstances for which WOF is not responsible,
2. planned maintenance work that is performed as necessary at regular maintenance intervals <possibly weekday> <timeframe> o’clock CET or CEST, or
3. urgently required unscheduled maintenance work that is necessary to remove disruptions and is performed and concluded without delay.

(2) Insofar as the Provision Service is free, there is no claim against WOF to maintain the availability of the Provision Service or a certain quality or accessibility of the Online Trading Platform. WOF reserves the right to discontinue the free-of-charge offer at any time. WOF will take the Users’ interests into account in a suitable manner.

WOF reserves the right to improve the Online Trading Platform for good cause; in particular, but not limited to

1. improving user friendliness,
2. correcting errors,
3. undertaking updates and completion,
4. technical optimisation, or
5. insofar as this is required for legal reasons.

WOF will only implement such changes insofar as they are deemed reasonable for the Users.

Subject to a deviating agreement in individual cases, WOF is not obligated to perform data backups. Therefore, Users will always save all data needed by them separately. This obligation regarding data backups by Users exists especially when the Provision Service is free; as in this case, brief discontinuations of the Provision Service and the final deletion of data are to be expected at any time.

(1) The prerequisite for using the Online Trading Platform is successful registration. A positive credit check is required to successfully register as a Buyer.

(2) Registration is performed by entering the required data into a form provided for this purpose. Registration may be discontinued at any time by pressing the return button and by closing the browser button.

(3) Registration presupposes authentication. For this purpose, WOF will send a separate email with a link, which must be activated within four (4) weeks after receipt.

(4) The user relationship with WOF comes about when successful registration has been confirmed to the User or the Online Trading Platform is activated for the User. No transfer of the user relationship to a third party is permitted.

(5) Whoever is already registered may not register for a second time (no “double membership”).

(6) Subject to a deviating agreement in an individual case, WOF is entitled to reject the registration without having to state any reasons.

(7) For the registration process, German and English are available as languages.

(8) The General Terms of Use are retrievable through the Online Trading Platform.

(1) Parties to contracts entered into via the Online Trading Platform will solely be the Offerors and the Buyers. To this extent, WOF is merely a technical services provider and acts neither as a representative nor as a consultant.

(2) The processing of the contracts entered into via the Online Trading Platform is the sole responsibility of the Offerors and the Buyers. WOF supports the Offerors in a technical manner only. Therefore, the Offerors and the Buyers arising from the contracts entered into via the Online Trading Platform do not have any contractual claims of their own against WOF as the operator of the Online Trading Platform. In particular, WOF does not assume any guaranty for fulfilment or any liability for any defects of quality or defects of title.

(1) Offerors or Buyers shall provide the required hardware or software; in particular, but not limited to, the required end device with a suitable browser and a link to the Internet and shall take the necessary measures against unauthorized access to their systems internally and externally, loss of data as well as infections with and dissemination of malware. If during the further development of the Online Trading Platform adaptation measures to the IT systems of the Offeror or the Buyer, respectively become necessary, such measures are the obligation of the Offeror or the Buyer, respectively.

(2) Offerors and Buyers as well as all other Users have certain legal obligations for the purpose of ensuring the proper use of the Online Trading Platform, the non-compliance with which can lead to disadvantages; in particular, but not limited to, the blocking of the access to the Online Trading Platform and claims for damages. In particular, the User is obligated not to use the Online Trading Platform in an unlawful or indecent manner and to respect the laws and the rights of third parties. This includes the following obligations:

1. Prior to any processing of Content Data, the User shall ensure that such is not Prohibited Content Data.
2. The User shall, to the extent possible and reasonable, disguise or pseudonymize personal data prior to any processing.
3. If Content Data contains any personal data, the User will comply with all data protection requirements; in particular, but not limited to, adequately informing the parties concerned about the data processing, obtaining any possibly required permission of the parties concerned and documenting and saving compliance with the data protection requirements as conclusive proof. Records are to be destroyed as soon as they are no longer needed.
4. Prior to processing any Content Data, the User will verify whether the required rights to the work (e.g., texts, photographs, images, graphics) and to the brand name, company names, logos and other labels and rights accrue to the User. For photographs, an additional verification of the requisite permission of any persons in the photograph has been obtained is required, without such consent no processing may take place.
5. The User shall avoid any excessive strain on the Online Trading Platform due to improper use.

(3) The User must

1. provide complete and truthful information during the required registration and other queries required to achieve the purpose of the contract,
2. choose a username that may not infringe any third-party rights or other naming or brand rights or is immoral, insofar as this is necessary for registration,
3. keep passwords secret and never disclose passwords to third parties; the User must inform WOF if there are any indications that the User’s access is or was abused by third parties,
4. refrain from using automatic preset information for the password or only to allow such on the User’s own end device and only the end device accessible to the User (e.g., PC, Smartphone),
5. must inform WOF immediately regarding any subsequent change to the data queried,
6. must prevent every use of the Provision Service under the User’s own account by third parties.

(4) The respective User must compensate WOF for any damage resulting from a breach of one of the foregoing duties, unless the User is not responsible for such a breach. The User shall indemnify WOF against all disadvantages accruing to WOF by virtue of such use by third parties due to harmful acts for which the User is responsible. WOF is entitled to demand the payment of a reasonable advance on any legal defence and consultation costs.

(5) Other obligations of the User arising from the contract or under the law shall remain unaffected.

(1) WOF may temporarily block the User’s access for good cause and/or interrupt the link to the resources made available by WOF to the User via the Internet. In particular, good cause exists for blockage or interruption, if

1. the User breaches one of the duties listed in § 8 (What obligations do Offerors, Buyers and Users have in connection with their use of the Online Trading Platform?) paragraph (2),
2. WOF learns from third parties that the User is holding or disseminating Prohibited Content Data, insofar as this allegation of a legal violation is not obviously incorrect, or
3. the User, insofar as the Provision Service is not free for the User, is in default with the payment of the fee or of a not insignificant part of the fee.

In the cases falling under sentence 2, paragraphs a) and b) above, WOF may temporarily block or permanently delete the content data concerned instead of interrupting such.

(2) The blockage of the access, the interruption of the link and the blockage and deletion of Content Data are only permitted after the unsuccessful expiry of any period for redress or after an unsuccessful warning notice. Setting deadlines for redress or a warning notice may be dispensed with in the event of any final refusal to perform or if other special circumstances exist which, when weighing up the interests of both parties, justify the action concerned.

(3) Insofar as the Provision Service is free, WOF may temporarily block the User’s access and/or the link to the resources provided by WOF to the User via the Internet at any time. Instead of an interruption, WOF may temporarily block or permanently delete the content data concerned. WOF will take the interests of the User appropriately into account and disclose the reasons for the measure to the User upon request.

(4) Other claims and rights of WOF; in particular, but not limited to, the discontinuation of service, termination or claims for damages shall remain unaffected.

(1) Insofar as the Provision Service is free, the provisions of § 10 (What limitations of warranty and liability of WOF exist with free Provision Services?) shall apply.

(2) WOF shall only reimburse the Offeror or the Buyer for loss or damage due to a defect in quality or defect in title, if WOF has acted with intent, especially with an intent to deceive, to conceal the defect, or if WOF has fraudulently misrepresented the lack of a defect. Every other warranty due to defects in quality or in title is excluded.

(3) WOF’s liability for paying damages is limited to claims outside the law governing liability for defects in quality and in title (e.g. due to impossibility, default, breach of secondary contractual obligations and tort pursuant to this paragraph (3). WOF’s liability without negligence and for minor negligence is excluded overall. Moreover, WOF’s liability for gross negligence is excluded, if the User is a trader, a legal entity under public law or a special fund under public law and there has been no loss of life, physical injury or health impairment.

(4) The exclusions and limitations of liability of this § 10 (What limitations of warranty and liability of WOF exist with free Provision Services?) shall apply

1. to claims to compensation for fruitless expenses as well as for claims to indemnification accordingly;
2. to the same scope in favour of the bodies, legal representatives, employees or other vicarious agents of WOF.

(5) The exclusions and limitations of liability of this § 10 (What limitations of warranty and liability of WOF exist with provision of free digital content?) do not apply to WOF’s liability for intent, in cases of the intent to deceive, when a guaranty is assumed, or for claims according to the German Product Liability Act (Produkthaftungsgesetz).

If the Provision Service is free, an amendment of the Terms and Conditions of Use is possible at any time with future effect. WOF will inform the User about the amendment of the Terms and Conditions of Use in a timely manner. Section 3 (Is the Online Trading Platform always available and what restrictions exist to this extent?) paragraph (2), sentence 3 shall apply accordingly.

These General Terms and Conditions of Use are subject solely to the laws of the Federal Republic of Germany. Mandatory provisions for the protection of consumers that apply in the country in which Users have their habitual residence shall remain unaffected.

(1) If the User is a merchant, a legal entity under public law or a special fund under public law, or if the User, who is not a consumer, does not have a general place of jurisdiction in the Federal Republic of Germany, the sole place of jurisdiction for all disputes arising in connection with these General Terms and Conditions of Use shall be the place of business of WOF. For actions brought by WOF against Users, insofar as Users have their general place of jurisdiction within the Federal Republic of Germany, this general place of jurisdiction and every other statutory place of jurisdiction under German law shall apply. Mandatory legal regulations regarding sole places of jurisdiction shall remain unaffected by the foregoing provisions.

(2) The agreements on the place of jurisdiction according to paragraph (1) above are guided solely by the laws of the Federal Republic of Germany.