General Terms and Conditions of Feelsmart GmbH (as of 09.March 2017)
(For use exclusively in business dealings with the specialized trade)
1.1 The following General Terms and Conditions of Business (GTC) apply to all business relations of Feelsmart GmbH (hereinafter referred to as "FEELSMART.") With its customers (hereinafter referred to as "Users")
1.2 The registration under www.feelsmart.de and all offers and functions available online after registration in the area "Registration & Registration / MY FEELSMART" are exclusively available to entrepreneurs within the meaning of § 14 BGB, legal entities under public law and special funds under public law , The offers are not aimed at consumers.
2. usage rights
2.1 FEELSMART. grants the registered user a simple and non-transferable right of access and use for the purpose of using the otherwise not freely accessible areas (in particular to the Wizard and sub-functions of the FEELSMART configurator) on the website www.feelsmart.de (hereinafter "Intranet") called). The right of use is personal and is only - if not otherwise regulated - to the registered user or, in the case of legal entities, to the employee named upon registration.
2.2 The contents of the intranet are provided by FEELSMART. continuously expanded and updated. With the availability of an updated database, the rights to use the previous database versions expire.
2.3 Unless otherwise stated in the following provisions, the contents may not be disclosed to third parties for use or in any way without prior written consent by FEELSMART. issued written consent. The contents are subject to copyright. The personal access data may not be disclosed to third parties and must be kept secret. This obligation is also to be transferred by the user to any employees who may use the intranet on the basis of these conditions. FEEL SMART. reserves the right to block access to the intranet if, due to the fault of the user or one of his employees, the access data, eg. B. by forwarding to third parties, takes place.
2.4 The contents of the intranet and in particular the FEELSMART. Configurators are intended solely as a guide for the electrical trades and their employees. They do not replace the expertise required for the electrical trades or the feasibility of the planned and implemented project.
2.5 FEELSMART. is also entitled to block the user's access to the intranet without reason, unless the user has a pro-membership.
3. Contracting / Registration / Pro-Membership / Fee
3.1 The user can register for free at www.feelsmart.de under "Registration & Registration / MY FEELSMART" by filling out the form there and clicking on the button "Register". He thus makes an offer to conclude a gratuitous contract of unlimited duration, which can be terminated at any time without notice for both parties, on the use of the components of the intranet that have been activated after registration in accordance with these conditions. The customer then receives a confirmation email. The contract is concluded when the user confirms his registration by means of the code sent with this confirmation e-mail or by clicking on the confirmation link listed in that e-mail. The contract will not be saved. He is not available to the user online. The customer can save it by retrieving and saving this AVB using his browser. The contract language is German. The use of the freely available components of the intranet is free of charge. However, not all features of the intranet are fully usable. Further functions of the FEELSMART.Configurator which can be used in the intranet, namely: complete output of all project data, requesting offers for a project and sharing projects with up to three registered employees (hereinafter referred to as "pro functions") are only then available to the user , if he acquires a fee-based pro-membership under www.feelsmart.de in accordance with section 3.2 of these GCI.
3.3 The Pro-Membership Agreement is valid for one year from the conclusion of the contract and grants the user access to the Pro features within this period. The usage fee for the Pro-membership is 25 € / month net plus VAT. Gira-Aktiv-Partner and Sonepar E-Partner can get the Pro-membership for the preferential price of 20 € / month net plus VAT. purchase. The prerequisite for this is that you have already specified your Gira-Active Partners or your Sonepar E-Partner customer number as part of your application for pro-membership in the corresponding form field.
3.4 The user fee is payable for the entire contract period of the Pro-membership upon conclusion of the contract and must be settled by means of the SEPA basic direct debit procedure. With the execution of the direct debits has FEELSMART. PAYONE GmbH, Fraunhoferstraße 2-4, 24118 Kiel, Germany - Registered office: Kiel - Amtsgericht Kiel HRB 6107 - Managing Directors: Carl Frederic Zitscher, Jan Kanieß - A member of the Sparkassen-Finanzgruppe as payment service provider. FEEL SMART. PAYONE GmbH transfers the information required for the direct debit collection. The passing on of the information takes place exclusively for the purpose of the payment processing. The user is informed of the corresponding direct debit in good time in advance (so-called pre-notification). This announcement will be made at least one business day before the debit in the invoice addressed to the user, which will be sent to him by email. The user must ensure that his account has sufficient cover in the agreed debiting period. The user is obliged to compensate for the damage caused by a possible refusal of payment of the account-holding institute.
4. Term, notice period
4.1 The Pro-membership has a term of one year and can be properly terminated by the user with a period of 6 weeks before the expiration of the contract period in at least text form. If the cancellation is by email, it must be sent to email@example.com.
4.2 If not canceled in time, the Pro-Membership Contract will be renewed for another year. The user fee for the entire next contract year is then due in advance with the beginning of the next contract year.
4.3 The right to extraordinary termination for good cause remains unaffected.
4.4 FEELSMART. is also entitled at any time to properly terminate pro-membership even before the expiry of the respective contract term against reimbursement of the pro rata temporis user fee.
5. Contents of the intranet and elimination of errors
5.1 The effective use of the functions offered on the intranet requires electrical engineering expertise. No operating or user assistance is provided for persons who provide the necessary expertise for their use. The plans created by using the configurator are only work aids generated from the input of the user. On the part of the configurator, there is no check to what extent the project can be implemented or, in the case of implementation, be functional. The user remains solely responsible for his remarks and must adapt his execution performance to the respective technical and factual circumstances of each order.
5.2 FEELSMART. will rectify intranet errors that not only negligibly affect the intended use. The error correction will be made at the option of FEELSMART, depending on the importance of the defect, by the delivery of an improved version or by instructions for eliminating or circumventing the effects of the defect.
6.1 FEELSMART. liable for intent and gross negligence. Furthermore, FEELSMART is liable. for the negligent breach of obligations whose fulfillment makes the proper execution of the contract possible at all, whose violation jeopardizes the achievement of the purpose of the contract and on the compliance of which the user may regularly rely. In the latter case FEELSMART is liable. however, only for the foreseeable, contract-typical damage. FEEL SMART. shall not be liable for the slightly negligent violation of obligations other than those specified in the preceding sentences. The above exclusions of liability do not apply in case of injury to life, body and health. Liability under the Product Liability Act remains unaffected.
6.2 The user is aware that in the scope of his obligation to mitigate damage, he has to perform a regular backup of his data and he has to take all reasonable additional security measures in case of a suspected software malfunction.
6.3 In the case of unavailability of individual contents or performance disturbances on the Internet as a result of force majeure or disturbance of the peace of mind there is no entitlement to performance, compensation or reduction of the fee. The data communication via the Internet can not be guaranteed error-free and / or available at any time according to the current state of the art. Temporary business interruptions due to the usual maintenance times, system-related disruptions of the Internet as well as in case of force majeure are possible. There is no liability on the part of FEELSMART. taken for the constant availability of the online connection. Claims for compensation in case of business interruption or system failure are excluded.
The intranet may contain hyperlinks to third-party websites. FEEL SMART. assumes no responsibility for the content of these websites nor does FEELSMART. These websites and their contents are unique because FEELSMART. the linked information is not controlled and is not responsible for the content and information provided there. Their use is at the user's own risk.
8. Additional agreements, jurisdiction and applicable law
10. final provisions
10.1. Should individual provisions of these GTC be ineffective or unenforceable or become ineffective or unenforceable after the conclusion of the contract, the validity of these GTC remains unaffected. The law is replaced by the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the GTC prove to be incomplete.
10.2. FEELSMART. reserves the right to adjust and change these Terms and Conditions at any time. This gives the users timely knowledge. For current contracts, however, the AVB included in the conclusion of the contract apply.