Dated: January 2021
1. Scope, Supplier
1.2 Detailed information about Bosch as a supplier of MyBosch and its services can be found in the corporate information.
2. Contractual object
2.2 MyBosch is a digital service that enables customers to register their electrical and garden tools for a three-year guarantee, to use the online repair service or to make use of the return service. From time to time, other services may be made available via MyBosch.
Details of the current scope of MyBosch can be found on the web application or on the mobile application (if available).
2.3 We reserve the right to supplement MyBosch’s service or to limit the use of the service for a limited period. As a user, you are not entitled to retain certain services or parts.
2.4 Bosch is entitled to subcontract services by third parties (including related group companies of the provider).
3. Customer account and messages
3.1 Access to MyBosch and the use of the services requires a registration.
3.2 The customer must provide Bosch with the information required in order to open a customer account (“Registration”).
3.6 Bosch is entitled to provide the customer with contractual statements regarding the user relationship for the customer to the Bosch ID stored at the time of Registration in electronic form.
4. Booking of services, ordering process, contract text storage
4.1 The customer can make use of services free of charge as well as of services against payment through MyBosch. Insofar as the use of a service (including the retrieval of content) is subject to a charge, the customer shall be notified online prior to the opening of the possibility of access to the respective service of the following: costs incurred, terms of payment and delivery, terms and conditions, periods of notice if any existing notice periods, as well as other relevant details. Afterwards the customer has the possibility to send the booking by clicking on the order button. Upon receipt of the booking, the customer receives an e-mail notification confirming the receipt of the booking including the listed details of the booking.
4.2 The provision of a service through MyBosch does not constitute a binding offer by Bosch. Only the booking or ordering of a service by the customer is a binding offer. The contractual relationship shall come into effect when the customer receives a confirmation email about the acceptance of the respective offer. The use of the services for a fee may be subject to other contractual conditions provided by Berta during the ordering process.
4.3 The text of contract shall be stored by Bosch. The customer can print or electronically store the text of the contract before confirming the booking or the order via the printing function of his browser. The contract language is German.
5. Cooperation obligations of the customer
5.1 The customer shall carry out all cooperation actions necessary for the settlement of the contractual relationship on the customer’s side. In particular, the customer shall:
a) immediately modify all the passwords that Bosch has provided him with into passwords only known to him, keep the rights of use and access assigned to him secret, protect it from access by third parties and not pass it on to unauthorised users. The customer will immediately inform Bosch if there is a suspicion that the access data and/or passwords may have become known to unauthorized persons;
b) correct the information in the customer account without delay if after Registration the specified data changes;
c) before using the services, verify that the services comply with the customer’s capacity, reliability and security requirements.
5.2 The customer is not entitled to:
a) access non-public areas of MyBosch and/or the services or the underlying technical systems;
b) use Robots, Spider, Scraper or other similar data collection or extraction tools, programs, algorithms or methods to search, access, acquire, copy or control MyBosch and/or the services outside of the documented API endpoints
c) knowingly transmit customer data with viruses or worms, Trojans or other contaminated or harmful components or otherwise interfere with the proper functioning of MyBosch and/or services;
d) decipher, decompile, disassemble, reconstruct or otherwise attempt to discover the source code, any software or proprietary algorithms used, except to the extent permitted by mandatory non-essential regulations
e) test, scan or investigate the vulnerability of MyBosch and/or the services and/or violate, impair or circumvent security or authentication measures of MyBosch and/or the services;
f) frame or mirror MyBosch and/or the services; or
g) intentionally use devices, software or routines that interfere with the applications, functions or usability of MyBosch and/or the services or intentionally destroy other data, systems and communications; generate excessive burdens, engage in harmful interventions, fraudulently intercept or take over.
5.3 The customer shall be responsible for ensuring that its access to MyBosch and use of the services is in compliance with the applicable laws including copyright or trademark laws, antitrust and competition laws, export control laws, data protection laws or other laws in the applicable legal order. The customer is further responsible for ensuring that its access to MyBosch does not conflict with an agreement signed by the customer and a third party.
6. Right of use and scope of use
6.1 For the duration of the contractual relationship, Bosch grants the customer the simple, non-exclusive, non-subscribeable, revocable, and non-transferable right to use MyBosch and the services for its own purpose.
6.2 If Bosch provides new versions, updates, upgrades, modifications or extensions of MyBosch and the service or makes any other changes with regard to them during the term of the contract, the provisions of this section 6 also apply to these.
6.3 The customer is only entitled to download contents (“Download”) and to print contents insofar as an option for downloading or printing on MyBosch is available as a function (for example by means of a Download-button).
6.4 The customer shall each receive an indefinite and non-exclusive right of use of the contents duly downloaded or printed by the customer for their own purposes. As far as content, which is provided to the customer against payment, is involved, the complete payment of the respective content is a further prerequisite for the granting of these rights.
6.6 If the customer violates the regulations of section 6, Bosch can block the customer’s access to MyBosch and the services according to section 9 after prior written notification of the customer, if the violation can be stopped by this. If, despite the written notification from Bosch, the customer continues to violate or repeats the regulations of this section 6, Bosch may terminate the contractual relationship exceptionally without observing a period of notice, unless the customer is not responsible for these violations.
7. Intellectual Property | Third party content
7.1 All rights, titles and claims in respect of all copyrights, trademark rights, patent rights and other intellectual property rights or other rights regarding the services and all improvements, design or derivative works conceived or created by Bosch or its licensors in or to MyBosch or the services, are exclusively vested for Bosch or its licensors.
7.2 It is not permitted to remove references and notices on MyBosch or in the services relating to confidentiality, copyright, trademark rights, patent rights and other intellectual property rights.
7.3 The contents available on MyBosch or in the services originate partly from us and partly from other third parties. Contents of other customers and other third parties are hereinafter referred to as “Third-Party Content”.
We do not audit Third-Party Content for completeness, correctness or legality and therefore do not assume any responsibility or warranty for the completeness, correctness, legality or topicality of the Third-Party Content. This also applies to the quality of the Third-Party Content and its suitability for a particular purpose.
8. Prices, payment
8.1 The Registration of the customer on MyBosch is free of charge.
8.2 When using the services offered by Bosch via MyBosch, the prices displayed shall apply. All prices are final prices and do not include value added tax at the legally due rate.
9.1 Bosch may block the customer’s access to MyBosch and/or the services, if Bosch finds that:
a) the use of MyBosch and/or the use of its services
• constitutes a saftey risk for MyBosch and/or the services and/or a third party;
• adversely affects MyBosch and/or the services or the systems or contents of other customers;
• violates the applicable law or rights of third parties;
• could make Bosch, its affiliated companies or third parties liable for damages, or
• are fraudulent;
c) the customer is more than 30 days in arrears with its payment obligations for a chargeable service.
9.2 Bosch will inform the customer about the blocking by sending a notification to the email address associated with the customer’s account prior to the blocking, unless Bosch has to act immediately due to urgency and is not able to give a prior notification.
9.3 The blocking shall be lifted as soon as the customer has removed the problem, which led to the blocking.
10.1 Warranty for services provided free of charge: Insofar as MyBosch and the services are provided free of charge, Bosch assumes no warranty that MyBosch and the services free of charge comply with the requirements of the customer and that My/Bosch and the services free of charge are continuously available and/or free of error. Bosch does not provide any maintenance for MyBosch or for the services offered free of charge. In these cases, Bosch does not assume any performance obligation to the effect that the access to MyBosch and the use of the services are not impaired by downtimes, maintenance activities, further developments, updates and upgrades or disturbances. Bosch will make reasonable efforts to ensure that MyBosch and the services are as user-friendly as possible. Technical disturbances (such as power supply interruptions, hardware and software faults and technical problems in the data lines) could also lead to temporary restrictions or interruptions.
10.2 Warranty for paid services: The applicable general terms and conditions of the respective service apply.
11.1 Liability for services provided free of charge:
Insofar as performance and services are provided free of charge, Bosch assumes no liability for damages resulting from the use of the performance and service, except in cases of malicious intent, gross negligence or intent. Any liability for damages arising from the Product Liability Act or any other mandatory, non-negotiable regulations shall not be excluded.
11.2 Liability for paid services: The applicable general terms and conditions of the respective service apply.
11.3 The above-mentioned limitations of liability also apply in the event of the fault on the part of a Bosch vicarious agent, as well as for the personal liability of Bosch associates, representatives and organs.
12. Term of contract and termination
12.2 Ordinary termination
12.3 Extraordinary termination
a) The right of the parties to terminate for good cause without observing a notice period remains unaffected.
12.4 Consequences of termination
When the termination takes effect
a) MyBosch and its services will no longer be available to the customer;
b) the customer remains responsible for paying all fees and expenses incurred up to the time of termination, including costs incurred by Bosch for the tasks still to be performed after the termination, for which the customer is responsible;
c) all rights and Registrations of the customer pursuant to this Agreement shall end at the same time. A termination of the contractual relationship shall also include termination of all user IDs provided for end customers or employees of the customer as of the next possible date.
13. Data protection
13.1 The processing of personal data shall be carried out in accordance with the Bosch Data Protection Policy.
14.1 The parties shall maintain confidentiality with regard to all information to be treated as confidential, which has come to their knowledge within the framework of this contractual relationship, or use them only with the prior written consent of the respective other party vis-á-vis third parties – for whatever purpose. The information to be treated as confidential shall include the information expressly designated by the notifying party as confidential and information that, by its nature, shall be regarded as confidential.
14.2 Where information to be treated as confidential is requested by an authority from a party, the other party shall be informed immediately of the transmission of the information to be treated as confidential to the authority.
14.3 The obligations under section 14.1 shall cease to apply to such information or parts thereof for which the receiving party demonstrates that it:
a) was known to it or generally accessible to it before the date of receipt or became known after the date of receipt by a third party lawfully and without any obligation of confidentiality;
b) was known or generally accessible to the public prior to the date of receipt; or
c) became known or generally accessible to the public after the date of receipt without the party receiving the information being responsible for it.
14.4 Each of the parties may disclose confidential information to its employees and to its affiliated companies, if:
c) the recipient of confidential information as referred to in section
14.5 is required to maintain confidentiality.
14.5 Each of the parties undertake to bind employees and associated companies and third parties within in the meaning of section 14.4, who are entitled to receive information to be treated as confidential, to confidentiality, in accordance with the provisions of section 14.1 to section 14.3, insofar as they are not already bound by other confidentiality obligations by virtue of legal or statutory provisions to a degree at least equivalent to the level of protection resulting from section 14.1 to section 14.3.
14.6 The obligations set out in section 14 shall continue indefinitely beyond the end of the contract, for as long as an exception under section 14.3 has not been established.
15.1 Amendments of services provided free of charge: Bosch reserves the right to change MyBosch and the services provided free of charge, to make them available free of charge or against payment and to discontinue the provision of free services. In doing so, Bosch will take into account the customer’s legitimate interests.
15.2 Amendments of paid services: The applicable general terms and conditions of the respective service apply.
16. Online dispute settlement platform, dispute settlement proceedings, complaints
16.1 The European Commission shall provide a platform for online dispute settlement (OS). This platform is intended to serve as a point of contact for out-of-court dispute settlements relating to contractual obligations of online sales contracts and online service contracts. The platform can be accessed through the following link: http://ec.europa.eu/consumers/odr/.
16.2 Bosch is not obliged to take part in a dispute settlement proceeding before a consumer arbitration body and has decided not to participate voluntarily.
17. Applicable law and place of jurisdiction
17.1 The contractual relations between the parties shall be governed by the laws of the Federal Republic of Germany. If the customer is a consumer, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the customer has its habitual residence (favorability principle). The validity of the UN Sales Law (CISG) is excluded.
18. Final clause
18.1 Disturbances caused by force majeure or other unavoidable events, which
- are out of control of Bosch,
- could not be avoided with reasonable expense,
- were unforeseeable even with due diligence and which
such as strikes, blockades, failure of the public power grid, internet failures, exception weather conditions, disruptions to operation or traffic and transport restrictions,
18.3 If, in the practical application of this contract, gaps arise which the parties did not foresee, or if the invalidity of a provision is established by law or by both parties in agreement, they undertake to fill this gap or invalid provision in an appropriate manner oriented to the economic purpose of the contract or to replace it.
Robert Bosch Power Tools GmbH