I. General provisions
4. If parts or phrases of this text do not comply with the actual legal requirements, the remaining contends shall stay unaffected.
5. OKUTSU is a professional manufacturer and OEM supplier of material handling equipment, engineering machinery and vehicle repair tools. The company only contracts with entrepreneurs, but not with private customers.
II. Declarations on offers, pricing and items, contract conclusion
1. Declarations on items presented on this website including illustration, pricing, quantity, quality, availability and delivery conditions do not imply a binding offer in the legal sense, but an invitation to the user for presenting his offer. Therefore the declarations made by OKUTSU can not be regarded as binding. Only an order placed by the user in written form (e.g. by e-mail or fax) will be regarded as his binding offer for concluding a contract with OKUTSU.
2. A contract between the user and OKUTSU is closed when the user receives a written and so named acceptance of order by OKUTSU. The acceptance of order includes particulars of the order. If the acceptance of order varies from the user’s order, it is held to be a new offer provided by OKUTSU, which requires a written acceptance by the user.
3. All sales contracts between OKUTSU and the user include the General Terms of Sale provided by OKUTSU.
III. Use of the website
1. OKUTSU exercised highest care developing this website. Nevertheless, OKUTSU can not guarantee continuous and undisturbed access to this website due to technical circumstances which can not be controlled by OKUTSU.
2. All activities which access to the infrastructure of this website, systems or networks are prohibited. The user agrees to not using tools, software or routines in order to disturb the correct functions of this website or potential businesses transacted via this website. This especially includes hacking, password mining, or other unauthorized access by unlawful methods.
IV. Registration, Password
1. Some parts of the website are password protected. The access to these parts is only possible for registered users in order to protect the safety of business transactions. The protected areas can provide information for the user about the process of his order. There is no claim to the registration, and access is only available for entrepreneurs. OKUTSU especially reserves the right to submit previously freely accessible parts to obligatory registration. OKUTSU is at all times authorized to cancel the access authorization by means of blocking the access data without being obliged to give reasons as long as the blocking does not breach the trust within the scope of an orderly business transaction. A blocking is especially considered when the user gave wrong information when registering, or if he violates these conditions or his due diligence when dealing with the access data.
2. The user is obligated to use truthful information for registration and to enter any changes immediately as far as possible within the option "registration" or to inform OKUTSU in written form (letter, fax, email) of any possible changes. The customer has to make sure that his reachability via email is guaranteed so that emails from OKUTSU can reach him. He should therefore especially check the security settings such as the spam-filter and possible junk mail-accounts.
3. Upon request, OKUTSU registers the user and sends him name and password (in the following also referred to as "user data") for login. For the first-time access the user will change the password that he was given by OKUTSU into a password only known to the user. The user data enables the user to view his data or to change it.
4. The utilization of the data can be freely defined in the user’s profile after the registration; the user can also delete the profile. Cookies are only used at the user’s request so that each customer can permanently individualize the website.
5. The user makes sure that the access data is not accessible by a third party. He is liable for all activities that are undertaken by a third party provided that the user can be charged with fault. After each utilization the area that is protected by a password is to be left. In case that the user finds out that a third party is misusing the user’s data, the user is obligated to inform OKUTSU immediately. In order to do so the user should use the contact function on the website.
6. After receiving a notification pertaining to cipher IV.5, OKUTSU will block the access of the affected user’s password protected area. A cancellation of the blocking is only possible after a separate application by the user with OKUTSU or after a new registration.
7. The user can request the deletion of his registration at all times in written form. In such a case OKUTSU will erase the user data and all other saved personal data regarding the user, provided that it is not needed anymore for the proper processing of the contract.
V. Exemption from liability
The user benefits from the information provided on this website at his own risk. The information are collected and actualized with high care. Nevertheless, they are only provided for general information. OKUTSU does neither assume liability or warranty for correctness, up-to-dateness or completeness of the information available on this webpage, nor permanent or undisturbed access to the information.
VI. Copy right
All graphics, pictures and texts shown on the website www.eoslift.com are subject to OKUTSU ’s copy right unless otherwise noted. Using or copying requires OKUTSU express authorization. Unauthorized use or other infringements of the copy right will be pursued under civil and criminal law.
VII. References & links
1. Links to other websites are only provided for the user’s convenience. OKUTSU does not adopt such contends as its own, and it does not support such contend. The user visits linked websites on his own risk.
2. It is allowed to link this webpage after consultation with OKUTSU.
VIII. Data protection
Data relevant for business transactions in the sense of paragraph 28 German Data Protection Act (BDSG) is stored and processed by computer systems. The data will be used for business conducts with the user only. All user data are stored, processed and deleted in accordance with the relevant regulations, especially with the German Data Protection Act (BDSG) and with the Tele Services Data Protection Act (TDDSG). The user has the right for information free of charge, for correction, for blocking and cancellation of the stored data according to paragraphs 34, 35 BDSG.
Date: December 2011
Sonnenberg Law Firm Dusseldorf -Hamburg-Berlin, www.ra-sonnenberg.de
All rights reserved.