Terms and conditions of use for creating and using a customer account to register a product (last updated: 09.03.2021)
These terms and conditions of use stipulated by GARDENA Manufacturing GmbH, Hans-Lorenser-Straße 40, 89079 Ulm, Germany (hereinafter referred to as "GARDENA", "we", "us" or "our") apply in their respective version valid at the time that the contract for creating and using a personal customer account to register a product is concluded (hereinafter referred to as "GTC"). GARDENA is a subsidiary of the Husqvarna Group. The purpose of the customer account and the services provided with it is to allow you to register your products and get an overview of these registered products and related services. Terms and conditions of the users that deviate from or supplement these GTC shall not apply.
2. Basic requirements, creating a customer account
It is free to create and use a customer account. You do not have to create a customer account, however you will need to create one if you wish to register a product. You must be at least 18 years of age to create an account. With a customer account, you may also be able to use services that are subject to a charge. The respective terms and conditions of use and of data protection may apply to these services. You will be notified about this separately when you log in to this service. When creating a customer account, you accept that a personal account will be created. This customer account is managed by the Husqvarna Group. When you create a customer account, you must choose a user name (email address) and a password. Your user name and password must not: be harmful, abusive, racially or ethnically offensive, sexually explicit or defamatory, violate intellectual property rights or violate personal privacy rights. When creating the customer account, you will be asked for your email address, first and last name, country of origin and password. When creating an account, you undertake to input nothing other than information that is true (i.e. and up-to-date). After you have submitted your registration details, you will receive an email confirmation with a confirmation link. To complete the registration, you need to click on this confirmation link. Once registered, you will be provided with your own customer account with your own login details. You will then be entitled to use your customer account within the scope of these GTC. Your account is personal and you may not transfer your account to third parties or allow third parties to use your customer account. It is your responsibility to protect your login information from being accessed by unauthorised persons. The password must be changed regularly for security reasons. If you have reason to believe that third parties have gained access to your customer account, you must inform us immediately. We have the right, but not the obligation, to block access to your customer account if we have reason to believe that third parties have obtained unauthorised access to your customer account. If you have not logged in to your customer account for several months in a row, we reserve the right to send you an email notification and inform you that, if you wish to keep your customer account, you will need to log in to your customer account within a specified period of time of you receiving the email notification. If you do not log in to your customer account within this specific period, we will deactivate or remove your customer account and inform you by email.
3. Processing of personal data
When you create your customer account, you will be asked to provide certain information about yourself. Please read our privacy notice before using the website. Our privacy notice can be found here: https://www.gardena.com/au/privacy/
Provided you accept and comply with these terms and conditions of use, GARDENA grants you a non-exclusive, non-assignable, non-transferable, revocable licence (hereinafter referred to as "Licence") to use the customer account and related services. The Licence is granted for private use rather than for commercial use. GARDENA does not give you or any other person permission to copy or modify any of the services provided to you through the customer account. You or a third party may not develop, supplement, decompile or reverse engineer the services without our consent (reverse engineering). Electronic attacks of any kind on the services are prohibited. This includes transmitting viruses or spyware. Any attempt to do so represents a violation of the rights of GARDENA. If you violate these restrictions or any other restrictions referred to in this Section 3, GARDENA is entitled to terminate the licence as well as the Terms and Conditions on an extraordinary basis without notice. You may also be prosecuted or liable for damages.
This Licence is granted for an unlimited period of time. The licence shall be valid until terminated in Section 8 below. § 69e of the UrhG (German Copyright Act) shall hereby remain unaffected.
5. Your use of the customer account and the services; rights of third parties
You may only use the customer account and the services and content provided to you under these terms and conditions of use. You agree and guarantee that you will not use the services and their content in a manner that:
- is false, misleading, untrue or inaccurate,
- promotes or encourages illegal activities,
- is racially or ethnically offensive and/or represents incitement against a minority (e.g. a national or ethnic group),
- represents libel or is otherwise sexually explicit,
- attacks sexual orientation or religion or is discriminatory in any other way,
- insults or persecutes an individual,
- is in any way harmful, abusive, offensive or illegal or violates the rights of third parties (such as, but not limited to, copyright and trademark rights), or
- otherwise contradicts the intended purpose of the services or these terms and conditions of use.
As a user, you yourself are directly liable towards third parties for violations of these third parties' rights for which you are responsible. In the event of justified claims from third parties against GARDENA as a result of such a violation, you are obliged to indemnify GARDENA in full, unless you can prove that you are not responsible for the violation resulting in the loss.
6. Network fees and access
You are responsible for securing your access to the network required to use the services. Additional costs may arise, for example, for data transfers. We will not pay these costs. In addition, you are responsible for obtaining and maintaining the latest hardware or software necessary for accessing and using our services.
7. GARDENA warranty and liability
GARDENA endeavours to ensure that the customer's account can be used with as few interruptions as possible. For technical reasons, you may only be able to use your customer account in a limited way or may not be able to use it at all, both in terms of time and content. You expressly accept that it is not possible to develop software in such a way that malfunctions are excluded in all possible circumstances of use. There is no guarantee that access to the customer account will not be affected or interrupted by maintenance work, updates or other faults (in particular technical problems or hardware or software errors).
If GARDENA provides free services in line with these GTC, GARDENA shall only be liable for intentional misconduct and gross negligence. Sections 523, 524 of the German Civil Code (BGB) apply accordingly for material defects and defects of title.
The following also applies:
GARDENA is liable for intentional misconduct and gross negligence in accordance with the provisions of the Produkthaftungsgesetz (German Product Liability Act), for culpable (or simply negligent) loss of life, physical injury and damage to health, for fraudulent concealment of a defect or the assumption of a warranty in accordance with statutory regulations and to the extent that the scope of applicability of Section 44a of the TKG (German Telecommunications Act) (liability of the provider of telecommunications services accessible to the public) takes effect.
GARDENA's liability is limited to typical, foreseeable damage for merely negligent breach of an essential contractual obligation. Essential contractual obligations are those obligations whose performance is vital for proper execution of the contract, on the observance of which the contractual partner can regularly rely and whose breach jeopardises the achievement of the purpose of the contract.
In all other cases, the liability of GARDENA is excluded. Insofar as GARDENA's liability is excluded or limited, this also applies to the personal liability of its staff, workers, employees, representatives and vicarious agents.
8. Termination of the service
You can delete your customer account at any time and stop using the service. To do so, please contact our Customer Service team via firstname.lastname@example.org. If you are in serious breach of these GTC or if other exceptional circumstances occur, GARDENA reserves the right, in accordance with the statutory provisions, to terminate the contract that is the subject of these GTC for good cause without notice, and thus terminate your customer account and access to the services.
9. Changes to the terms and conditions of use and termination of the customer account
GARDENA is constantly innovating in order to give its users the best possible experience. GARDENA therefore reserves the right to update or change these GTC at any time and without specifying reasons, unless this is unreasonable for you as the user. Examples of changes to type or features may include bug fixes, security patches and improved functionality. GARDENA will notify you in good time of updates and changes to the GTC. If you do not object to the new GTC being applied within four (4) weeks of being notified, you will be deemed to have accepted the amended Terms and Conditions. In the event that you object, the user contract will continue under the current terms and conditions of use. GARDENA reserves the right, however, to terminate the user contract in the event of an objection. When notifying you, GARDENA will inform you of your right to object and of the relevance of the objection period.
You have the right to cancel your customer account at any time without prior notice.
We have the right to suspend your access to your customer account with immediate effect if we have reason to believe that you are in breach of these terms and conditions of use. In addition, we reserve the right to change, interrupt or temporarily or permanently suspend provision of the customer account at any time without prior notice, at our sole discretion, or if we are required to do so by virtue of a law or decision made by an authority. You accept that we will not be liable to you or any third party for any such change, interruption or suspension.
10. Applicable law
These GTC are subject to the law of the Federal Republic of Germany, with the exception of private international law and the UN Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG). This choice of jurisdiction does not mean that you, as a consumer, are deprived of the protection granted to you by those provisions which, under the law of the State in which you are habitually resident, cannot be derogated from by agreement.
11. Contact information
If you have any questions regarding the Services, please contact: email@example.com
Last modified: 9 March 2021