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Terms Of Use

Terms Of Use

TERMS OF USE 

These Terms of Use (“Terms”) constitute a legally binding agreement between Klüber Lubrication (“Provider”, “we”, “us”, “our”) and the business entity registering an account (“Customer”), as well as the individual employees or authorized representatives accessing the Klüber Lubrication Online Shop through the Customer’s account (“Users”).  

Full access to the Klüber Lubrication Online Shop (“Online Shop) requires prior registration of a user account by the Customer. 

These Terms of Use govern the rules for registration, access, and use of the Online Shop. 

1. Scope 

These Terms of Use apply to the use of the B2B Online Shop by registered business customers. 

Use is restricted to entrepreneurs within the meaning of Art. 43¹ of the Polish Civil Code (Kodeks Cywilny) — i.e., natural or legal persons or organizational units conducting business or professional activity. 

Consumers, as defined in Art. 22¹ of the Civil Code and the Act on Consumer Rights (Ustawa o prawach konsumenta), are expressly excluded from using the Online Shop. The Online Shop is not intended for end consumers or private use. 

2. User Management 

  • The Customer is solely responsible for creating, maintaining, and deleting user accounts within their organization. 
  • Only authorized employees may be granted access; roles and permissions must reflect actual responsibilities. 
  • Roles and permissions can be assigned individually (e.g., Admin, Buyer, Viewer). 
  • Only company-specific email addresses may be used. Generic/private domains may be blocked. 
  • The Provider offers technical functionalities but does not control the content of assigned permissions.  
  • Users must regularly update passwords and enable two-factor authentication where available. 
  • Suspected unauthorized access must be reported immediately. 
  • All Online Shop activities are logged and can be provided to the Customer upon request. 
  • You may only transfer the right of use to employees within the same company for the intended use (“Users”). You must ensure that all authorized users comply with these terms of use and are informed about the processing of their personal data. 
  • You and the users created by you are obliged to prevent unauthorized third-party access to the protected areas of the application through appropriate measures; in particular, access credentials must be kept confidential and not disclosed to unauthorized third parties. 

3. GDPR and Data Protection 

  • Personal data is processed in accordance with EU Regulation 2016/679 – General Data Protection Regulation (“GDPR”) and the Polish Personal Data Protection Act (Ustawa o ochronie danych osobowych), as amended. 
  • The Customer must inform Users about data processing. 
  • The Provider processes data solely to deliver and improve the Online Shop functionalities and fulfill contracts. 
  • Privacy Policy is available at any time via the imprint. 
  • Only necessary data may be collected; data must be regularly reviewed or deleted. 
  • The Online Shop uses cookies and similar technologies to enhance user experience and analyze usage. Users are informed about the use of cookies here Privacy Policy 
  • To the extent that the user registers additional user accounts in their customer account, they are responsible, within the meaning of Article 4(7) GDPR, for the transmission of the personal data of the affected employees to us. The user is obligated to ensure the permissibility of the data transmission to us and to appropriately inform the affected employees. 

4. Contract Formation 

Offers in the Online Shop are non-binding. A contract is formed only upon explicit acceptance by the Provider. 

All purchases are governed by the General Terms and Conditions of Sale, available here Terms & conditions 

5. Permitted Use 

Users agree to use the Online Shop only as intended. Customers and Users agree not to upload or transmit any content that is legally prohibited. 

6. Customer Obligations 

Ensure confidentiality of login credentials. 

Do not share access data outside the organization. 

Report suspected misuse immediately. 

7. Provider Rights 

The Provider may block or delete User accounts in case of violations. 

The Provider reserves the right to amend these Terms at any time; if the Customer does not object within 14 days, amendments are deemed accepted. 

8. Liability and Access Restrictions 

  • The Provider is liable only for damages caused by intentional or grossly negligent conduct. 
  • No liability for indirect damages, lost profits, or data loss unless legally required. 
  • The Customer is liable for all activities conducted through their User accounts. 
  • Access is restricted to users with company-specific email domains. 
  • The Provider may reject or block registrations using generic or private domains. 
  • The Provider accepts no liability for damages or misuse resulting from unauthorized or non-identifiable domains. 
  • The Customer indemnifies the Provider against third-party claims arising from misuse of non-company-specific domains or faulty user management. 
  • The Provider strives for high availability but does not guarantee uninterrupted use. 
  • Maintenance and updates will be announced in advance. 

9. Violations of Terms of Use 

  • Examples: misuse of user rights, false registration information, breach of security or data protection rules. 
  • Measures: warning, temporary suspension, permanent suspension, or deletion. 
  • Legal action may be taken in case of serious violations. 
  • Contracts may be terminated without notice in case of gross violations. 

10. Communication 

Communication occurs within the platform or via electronic transmission (e.g., email) to the recipient’s system. 

11. Confidentiality 

Both parties agree to treat all confidential information obtained during Online Shop use as confidential for the duration of the business relationship. Confidential information must be used solely for contractually agreed purposes. 

Any separate confidentiality agreements take precedence. 

12. Data Backup and Retention 

The customer is responsible for retaining data to meet legal obligations. Adequate and state-of-the-art backups must be maintained outside the Online Shop. 

13. Online Dispute Resolution (for EU countries) 

EU Customers may use the EU ODR platform: https://ec.europa.eu/consumers/odr 

14. Jurisdiction and Applicable Law 

Polish law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction is Warsaw. 

15. Severability Clause 

If any provision is invalid, the remaining provisions remain unaffected.