These terms of use (“terms of USE”) apply where USER chooses to register to MyDremel Application.
These terms of use apply between Bosch Power Tools BV and the registered user to MyDremel application ( “User”).
1.1. The MyDremel Application on the website www.dremel.com (hereinafter referred to as "Application") is operated by Bosch Power Tools BV, Konijnenberg 60, 4825 BD Breda, the Netherlands (hereinafter referred to as "Dremel" or “Bosch Power Tools BV”). More information about the provider Dremel can be found in the imprint/corporate information on the website.
1.2 Dremel may change and/or supplement these Terms of Use and the content of the services described in detail herein at any time upon reasonable notice. In the event of changes to the Terms of Use and/or additions thereto, Dremel will send the amended version of the Terms of Use to the e-mail address specified by the User during registration, thereby clearly stating what changes have been made. If the User does not object to the amended and/or supplemented version of the Terms of Use within six (6) weeks of receipt thereof, it shall be deemed that the User has agreed to the validity of the amended Terms of Use. Dremel undertakes to inform the User of any applicable consequences if he does not object to this when communicating the change. From the moment the amended Terms of Use take effect, all previous versions of the Terms of Use will lose their validity. If the User refuses his consent, the agreement shall remain unchanged. To the extent that the provisions of the amended Terms of Use or the changes in the description of the services to be provided are not acceptable within reason to the User, the User shall be entitled to terminate the agreement with Dremel with immediate effect.
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 tools and their power tools in the Application and, subject to complying with the Dremel warranty terms, the User will receive a warranty extension (up to 3 years) 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 (18 years of age or over) 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.
After successful registration, Bosch Power Tools BV (Dremel) will send an email with a confirmation link to the email address provided by the User during the registration process. This link will also include these Terms of Use as well as the Privacy Policy of Bosch Power Tools BV in text form. These Terms of Use are stored by Bosch Power Tools BV.
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 *..By registering to the Application, the User entitles Bosch to use the data for the purposes of the Application. Further details about the processing of the personal data can be found on the data protection notice of Bosch Power Tools BV [add link to the data protection notice here].
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/email address.
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.
5.1. Dremel may temporarily or permanently block a User's access to the Application if, while using the Application, said User acts or has acted in violation of these Terms of Use or the applicable law, or if Dremel has another legitimate reason for blocking the User's access. A further legitimate interest arises in particular if a User repeatedly r acts in contradiction to these Terms of Use, the conditions of participation in competitions, contests and product tests. Dremel shall take the legitimate interests of the User into account when deciding whether and for how long a User is blocked.
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 blocking, the User will not have access to the Application. Dremel will inform the User by e-mail of such blocking.
5.4. In the event of a temporary blocking, Dremel will reactivate the right of access after the communicated blocking time has elapsed. A permanently blocked right of access cannot be reactivated.
6.1. To the extent permitted by law, Dremel shall only be liable to the User without limitation in the event the damages result from the non-fulfilment of contractual obligations by Dremel through intent or gross negligence, 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, to the extent permitted by law liability for slight and gross negligence is excluded. Any liability of Dremel under the Dutch Product Liability Act or under the acceptance of warranties remains unaffected by this clause. Nothing in this clause shall limit or exclude the liability of Dremel where it would be unlawful to do so, such as in relation to any mandatory local laws and regulations of consumers which cannot be limited or excluded by applicable law.
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.
7.2. In addition, Dremel is at all times entitled to terminate the User agreement in whole or in part with immediate effect, in accordance with point 5 of these Terms of Use where Dremel is entitled to permanent blocking (extraordinary termination). A warning as described in point 5.2 is not necessary in such a case.
Dremel reserves the right to assign this agreement to an affiliate 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 orat 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.
9.3. If one or more provisions of these Terms of Use is or becomes invalid or incomplete, the remaining provisions shall remain in full effect.
9.4. If the User is an entrepreneur within the sense of the Civil Code (BW) or is a legal person under public law or a body under the jurisdiction of public law, all disputes arising from these Terms of Use, or in connection therewith, are subject to the judgment of the competent court in Rotterdam, The Netherlands..
9.5 The User is not entitled to assign, in whole or in part, his obligations under these Terms of Use without Dremel's written consent, which may not be unreasonably refused.
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.