1.1. The MyDremel Application on the website www.dremel.com (hereinafter referred to in summary as "Application") is operated by Bosch Power Tools BV, Konijnenberg 60, 4825 BD Breda, The Netherlands (hereinafter referred to as "Dremel"). More information about the provider Dremel can be found in the imprint on the website.
2.1 The Application offers the registered User the possibility to use various telemedia services, among other things, under the User name assigned or chosen by himself within the scope of technical availability. The User can register their gardening tools and their power tools in the Application and, subject to the Dremel warranty terms, they shall receive a warranty extension on their Dremel power tools.
3.1. The registration constitutes an agreement between the User and Dremel with regard to the participation and use of the MyDremel Application. Only adult Users are allowed to register for the Application. Minors and persons who have been permanently restricted from access are prohibited from registering.
3.2 The registration process requires an existing Dremel ID or, in the event that a Dremel ID is not available, registration of a Dremel ID, which will require User credentials to be entered and stored.
3.3 After successful registration of the User with his Dremel ID, the data required for registration will be sent from the account, then registration for the Application will be concluded. Within the Application, the User will be able to enter further User data in his User profile, e.g. his name, address, etc. This information is not mandatory. Mandatory data is marked with an *. The contract terms are stored by Dremel.
The User guarantees that all data provided by him during registration is correct and complete. The User is obliged to immediately notify Dremel of any changes made to his User data by updating his profile data.
3.3. Each User may register with only one Username. Multiple registrations may result in the User being banned from the Application.
4.1. The User undertakes to keep secret the access data and password required to access the Application and to notify Dremel immediately in writing if any third parties become aware of his User data and/or password. The User is liable for any damage resulting from use by third parties, unless the User is not at fault.
4.2. If the User entrusts access data and/or the password to any third parties, Dremel reserves the right to temporarily or permanently block the User's access in accordance with point 5.1 or to cancel the agreement with the User with immediate effect, to delete the registration of the User and to exclude the User from further use of the Application in the future.
5.2 At Dremel's discretion, a User may also be notified with a personal message (PM) prior to being blocked. Dremel will take into account the legitimate interests of Users when making its decision.
5.3. In the event of a temporary or permanent block, Dremel deprives the User of access to the Application and informs the User by e-mail.
5.4. In the event of a temporary block, Dremel will reactivate the right of access after the communicated block time has elapsed. A permanently blocked right of access cannot be reactivated.
6.1. Dremel shall only be liable to the User without limitation in the event of damages resulting from the non-fulfilment of contractual obligations by Dremel through intent or gross negligence and in the event of bodily injury or other damage to health. For breaches of obligations through gross negligence, the fulfillment of which is an absolute precondition for the proper execution of the contract, and which the customer can normally trust to be fulfilled (substantial contractual obligations/cardinal obligations), Dremel's liability is limited to foreseeable and typically occurring damages. In particular, Dremel is not liable for consequential damages – of any kind –, for lost profits nor for other pure financial losses. Otherwise, liability for slight and gross negligence is excluded. Any existing liability of Dremel under the Dutch Product Liability Act or under the acceptance of warranties remains unaffected by this.
6.2. The above limitations of liability shall also apply in the event of a breach of duty by Dremel's legal representatives and by persons who have agreed to carry out Dremel's obligations on a voluntary basis. To the extent that Dremel's liability is excluded under the foregoing provisions, this shall also apply to the personal liability of Dremel employees and of persons who have agreed to fulfil Dremel's obligations on a voluntary basis.
7.1. This agreement is valid indefinitely. Both the User and Dremel are entitled to terminate the agreement for the use of the Application at any time without providing any reasons for doing so in text form. In order to provide the User with sufficient opportunity to copy his data stored in the Application, Dremel is only entitled to such cancellation upon four (4) weeks' notice from the date upon which the cancellation e-mail was sent.
Dremel reserves the right to assign this agreement to an affiliate BW 2: 24 b) within the Dremel Group. Dremel will inform the User of such contract transfer in a timely and appropriate manner. In the event of a contract transfer, the User reserves a special right of cancellation, which Dremel must be notified of in writing with due observance of a period of four (4) weeks from the notification of the contract transfer. The cancellation will take effect immediately, but at the latest at the time of the contract transfer.
9.1. Dremel is under no obligation to ensure that the Application (in whole or in parts) is continuously available. However, Dremel strives to keep the Application available constantly insofar as this is possible. In particular, in relation to maintenance, safety and overload, and with events beyond Dremel's control (e.g., power failure, force majeure, failures in public communications networks, etc.), short-term outages may occur or the Application's services (in whole or in part) may be temporarily paused.
9.2. Dutch law applies to the agreement between the parties. If the customer is a consumer, this choice of law applies insofar as he is not deprived of the protection offered by mandatory provisions of the law of the state where the customer has his permanent residence or lodging (favourability principle). The validity of the Vienna Sales Convention (CISG) is excluded.
The European Commission provides a platform for online dispute resolution (ODR platform). This platform is intended as a contact point for the out-of-court settlement of disputes relating to contractual obligations of online sales contracts and online employment contracts. This platform can be accessed at http://ec.europa.eu/consumers/odr/.
Dremel has no obligation to participate in any dispute resolution process before a consumer dispute resolution body and has previously chosen not to participate voluntarily.