Governing the Use of the Customer Portal of the Company WESSLING GmbH (hereinafter "Terms & Conditions of Use")
1.1 The company WESSLING GmbH (hereinafter “WESSLING”) shall operate a customer portal for the commissioning and provision of online analytics services at the following Internet address: https:/portal.wessling-group.com (hereinafter “Customer Portal”).
1.2 Registered customers shall be able to order analyses and view the results of their analyses through the Customer Portal. WESSLING shall also provide an online archive for the analyses previously carried out for the customer.
2.1 The use of the Customer Portal shall be governed solely by these Terms & Conditions of Use.
2.2 The validity of any arrangements departing from these Terms & Conditions of Use shall be strictly subject to the written confirmation of WESSLING.
2.3 References to the validity of statutory regulations shall be made for explanatory purposes only. The statutory regulations shall therefore still apply, even without any such explanation, unless they are directly amended or expressly excluded in these general Terms & Conditions of Use.
3.1 Customers shall enter into a separate contract with WESSLING on the use of the Customer Portal. On conclusion of the contract the customer shall be issued with a user name and password. The customer shall be able to log on to the Customer Portal with this data.
3.2 The registration and approval process shall be carried out by WESSLING on an individual basis. Only the person registered in any given case shall be entitled to use the service. The registered person shall be obliged to keep the user name and password secret and may only disclose them to authorised employees. The customer shall inform WESSLING immediately of any suspicion of misuse by a third party not authorised by the customer. WESSLING shall be entitled to block the access on hearing of the unauthorised use.
4.1 The customer shall instruct WESSLING to carry out analyses by placing binding orders through the online ordering process under the "New Order” tab and clicking on "Send Order" in the last step. Upon completion of the purchase order process, WESSLING shall immediately send the customer an email confirming receipt of the order, listing the details and, depending on the type of the order, containing the shipping labels to send the samples required to conduct the analysis (confirmation of receipt). This confirmation of receipt shall not amount to an acceptance of the order but shall merely serve to inform the customer that WESSLING has received the order. The contract shall not enter into effect until such time as an order confirmation is sent by WESSLING by email.
4.2 The individual contracts which are concluded between the customer and WESSLING through the Customer Portal shall be based on the General Terms & Conditions of WESSLING. These may be downloaded from https://de.wessling-group.com/de/kundenservice/agb-allgemeine-geschaeftsbedingungen-der-wessling-gmbh/
4.3 The customer may save and print out the contract data immediately after sending the offer, using either the order summary after completion of the purchase order process or the confirmation of receipt. WESSLING shall also save the contractual text relating to the individual orders under the tab "My Orders" in the Customer Portal. The individual orders can be accessed here and printed out by the customer.
5.1 The customer may upload additional information on the samples during the online ordering process, e.g. photos of the samples or information on the location from which the samples were taken. WESSLING shall not be liable for any shortcomings with its analysis as a result of using this information provided by the customer in the absence of any contributory circumstances for which WESSLING is responsible. The remuneration claim of WESSLING shall remain unaffected.
5.2 The customer undertakes to ensure that the information uploaded by the latter does not conflict with these Terms & Conditions of Use or with the applicable law.
The preliminary test results made available by WESSLING through the Customer Portal shall be for information purposes only and may be subject to change until such time as the tests have been completed. Preliminary test results shall be issued with the status message "testing on sample in progress" or "order unclear, feedback required". Test results shall not be binding until WESSLING has produced the final test report in written form or in pdf format.
For technical reasons, the online presentation of the test results and of the preliminary test results on samples in the Customer Portal may differ from the presentation in the final test report with regard to significant figures and decimal places.
Test results shall not be binding until WESSLING has produced the final test report in written form or in pdf format.
Only the presentation in the final test report shall be binding.
WESSLING cannot furnish any guarantee in respect of the availability of the Customer Portal.
9.1 WESSLING shall only be liable for damages for breach of contractual or non-contractual obligations in cases of deliberate intent or gross negligence, as well as in cases of neglect of major contractual duties. Compensation for the neglect of major contractual duties shall be limited, however, to the damages typically encountered and foreseeable in respect of the relevant contract, except in cases of deliberate intent or gross neglect. Major contractual duties shall be understood to be such duties as must be fulfilled to enable due performance of contract and upon compliance with which the contractual partner may and does routinely rely.
9.2 The above limitations of liability shall not apply to claims for injury to life, limb or health. Mandatory statutory liability regulations, e.g. liability under product liability law or for the assumption of a warranty, shall remain unaffected.
9.3 The exclusions or limitations of our liability shall also apply to the personal liability of the employees, workers, staff members, representatives and vicarious agents of WESSLING.
10.1 The contract between the customer and WESSLING shall run for an indefinite term. Both parties shall be entitled to terminate the contract with effect from the end of any given calendar month subject to one month's notice.
10.2 Should the customer violate these Terms & Conditions of Use, WESSLING shall be entitled to place a temporary or permanent block on the use of the website by the customer.
11.1 The law of the Federal Republic of Germany shall apply to these Terms & Conditions of Use and to all the legal relations between the customer and WESSLING, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
11.2 If the customer is a merchant, as defined by the German Commercial Code (Handelsgesetzbuch - HGB), a legal entity under public law or a special fund under public law, then the place of exclusive jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be our registered place of business in Altenberge. The same shall apply if the buyer is a trader as defined in section 14 of the German Civil Code (Bürgerliches Gesetzbuch - BGB). We shall, however, also be entitled in all cases to bring an action at the place of general jurisdiction of the customer. This shall not affect overriding statutory provisions, especially exclusive jurisdiction.
Last revised: May 2018