Terms and conditions of use for creating and using a customer account at www.gardena.com
(last updated: 01.06.2022)
1. General
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 at www.gardena.com is concluded (hereinafter referred to as “GTC”).
GARDENA is a subsidiary of Husqvarna AB (publ.). The purpose of the customer account and the services provided with it is to allow you to use the customer account functions and in particular (i) register your products and obtain an overview of these registered products, and (ii) access content related to garden inspiration hints and tips via newsletter subscription.
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 and use the customer account functions, in particular the content and services described below.
You must be at least 18 years of age to create an account.
With a customer account, you have the opportunity to use the following functions in particular:
a) Profile settings (account details, password settings, account deletion)
b) Registration of products
c) Registered products (view products registered via the customer account with warranty period)
When creating a customer account, you accept that a personal account will be created. This customer account will be managed by Husqvarna AB (publ.). 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 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 into your customer account for several months in a row, we reserve the right to send you an email notification informing you that, if you wish to keep your customer account, you will need to log into your account within a specified period of time from you receiving the email notification. If you do not log into your customer account within this specific period, we will deactivate or remove your customer account and inform you by email of this and of the resulting termination of the usage relationship underlying these GTC.
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 customer account. Our privacy notice can be found here: https://privacyportal.husqvarnagroup.com/int/privacy-notice/.
4. Licence
Provided you accept and comply with these GTC, 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 4, GARDENA is entitled to terminate the usage relationship (including the Licence) underlying these GTC 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 and will end automatically upon termination of the usage relationship underlying these GTC.
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 within the scope of these GTC. You agree and guarantee that you will not use the services and their content in a manner that:
a) is false, misleading, untrue or inaccurate,
b) promotes or encourages illegal activities,
c) is racially or ethnically offensive and/or represents incitement against a minority (e.g. a national or ethnic group),
d) represents libel or is otherwise sexually explicit,
e) attacks sexual orientation or religion or is discriminatory in any other way,
f) insults or persecutes an individual,
g) 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
h) otherwise contradicts the intended purpose of the services or these GTC.
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 to the extent of the loss for which you are responsible, unless you are able to 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 for use of the content and services accessible through the customer account. In general, third-party service providers that you use to access the network will charge additional costs, e.g. 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. Availability of the customer account
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 temporarily not at all, both in terms of time and content. Access to the customer account may also be affected or interrupted by maintenance work, updates or other faults (in particular technical problems, hardware faults or software errors).
In addition, we reserve the right to change, interrupt or temporarily suspend provision of the customer account at any time without prior notice insofar as we are obliged to do so by law or by a decision of an authority, or if this is necessary in order to avert a threat to the IT and data security relevant to the customer account.
8. Liability of GARDENA
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 or 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 70 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.
9. Termination of the usage relationship
You may have GARDENA delete your customer account at any time and discontinue use of the content and services available through it. Please use the delete function provided for this purpose in the customer account. . Upon deletion of the customer account, the usage relationship between you and GARDENA underlying these GTC is terminated.
GARDENA may terminate the usage relationship underlying these GTC with a notice period of four (4) weeks. In addition, 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 content and services available through it, if you are in serious breach of these GTC or if other extraordinary circumstances occur which, taking into account all circumstances of the individual case and weighing up the interests of both parties, make it unreasonable for GARDENA to continue the contractual relationship. Notices of termination issued by GARDENA must be in writing in order to be considered valid.
GARDENA further has the right to temporarily suspend access to your customer account with immediate effect if there is reason to believe that you are in breach of any material provisions of these GTC.
The warranty period for registered products remains unaffected by deletion of the customer account and the resulting termination of the usage relationship underlying these GTC.
10. Changes to the content and services accessible through the customer account
GARDENA is constantly innovating in order to give its users the best possible experience. In addition, the type and scope of services offered separately by GARDENA, which can be managed or viewed using the customer account, may change from time to time. GARDENA therefore reserves the right to update or change the content and services accessible through the customer account, provided that such update or change (i) is necessary for GARDENA to comply with mandatory legal requirements or to comply with a binding order of a court or competent authority; (ii) is necessary for showing changes to separately offered services; (iii) merely means an adaptation to the respective proven or current technological standards; or (iv) does not go beyond what is customary in the trade and is reasonable for you in comparable cases, i.e. does not disappoint your legitimate expectation of continuing to use available material content or services. Examples of changes to type or features may include bug fixes, security patches and improved functionality.
11. Changes to the GTC
GARDENA reserves the right to propose to you changes to these GTC. GARDENA will offer you changes to the GTC within a reasonable time period in writing during the login process for the customer account. Subject to the provision in the following sentence, you must actively agree to our proposed change. In the case of (i) minor changes to the GTC that do not affect material provisions, and (ii) changes that are required due to a change in the law, a final court judgement or a binding order of a competent authority, your consent will be deemed to have been given if GARDENA is not notified in writing of your rejection of the changes before the proposed date of their taking effect. If you do not agree with the minor changes proposed by us, you may notify GARDENA of your rejection of the changes up to the proposed date of their taking effect. In the event of rejection or lack of consent in the case of material changes, or rejection in the case of minor changes, the usage relationship underlying these GTC will continue to apply to the existing GTC. When notifying you, GARDENA will inform you of the requirement for consent or of your right of rejection and the significance of lack of consent or of expiry of the period for rejection.
12. 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.
13. Severability clause
Should individual provisions of these GTC be or become void or invalid in whole or in part, this will not affect the validity of the remaining provisions. Statutory law (Section 306 (2) of the German Civil Code (BGB)) will take the place of any provisions that are not included or are invalid. In all other respects, the parties shall replace the void or invalid provision with a valid provision that comes as close as possible to the economic purpose of the void or invalid provision, unless a supplementary interpretation of the contract takes precedence or is possible.
14. Consumer dispute settlement
We hereby inform you that we do not participate in and are not obliged to participate in dispute settlement procedures by a consumer arbitration administrator.
15. Contact information
If you have any questions about the content or services available through your customer account, please contact: service@gardena.co.za
Last modified: 04.07.2023
