General Terms and Conditions of Sales of Hübner GmbH & Co. KG, Kassel

I. Scope of application, subject matter of the contract

1. These General Terms of Use ("GTCU") apply to the online portal HUBLink, available at https://hublink.hubner-group.com/, ("HUBLink") of Hübner GmbH & Co. KG, Kassel ("Hübner").
2. On HUBLink, Hübner offers natural and legal persons and partnerships of legal age ("Users") the opportunity to use the platform and the services available on it in accordance with these GTCU for business purposes (Section 14 of the German Civil Code “BGB”).
3. By clicking on the corresponding button when registering, the User agrees to the exclusive and binding validity of these GTCU. Any conflicting or deviating terms and conditions of the User are hereby expressly rejected. Other terms and conditions are neither accepted by silence nor by acceptance of services.

II. Scope of services, free of charge

1. The User can use the following services in particular on HUBLink: Registration and profile management, digital communication, online store, various service and support services.
2. The use of HUBLink and the use of the aforementioned services is free of charge for the purposes set out in Section I.2. This shall not affect the possibility of concluding contracts (including contracts against payment) via HUBLink; Hübner's General Terms and Conditions of Sale for HUB-Link ("GTCS") shall take precedence for such contracts. Any costs incurred for Internet use are based on the tariffs of the User's telecommunications provider; Hübner is not a party to such contracts.

III Registration, login, user account, conclusion of contract

1. The use of HUBLink requires a one-time registration to set up a User account and approval by Hübner. There is no entitlement to registration; Hübner is entitled to refuse registration without giving reasons. Before submitting the registration request, the User can change, view or print out the data at any time. Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser's "back button"); they can also be corrected by the User canceling the order process prematurely, closing the browser window and repeating the process. However, the application can only be submitted and transmitted if the User has accepted these GTCU by ticking the box and thereby included them in his application. Hübner will then send the User an automatic confirmation of receipt by e-mail, in which the User's registration request is listed again and which the User can print out using the "Print" function. The automatic confirmation of receipt merely documents that the User's request has been received by Hübner and does not constitute acceptance of the application.
2. For registration, the User must provide his/her company and its address as well as title, first name, surname, department, area of responsibility, e-mail address and telephone number. All data provided during registration must be complete and correct; Hübner will check these for completeness and plausibility if necessary. The User is also obliged to update the data and other information provided on HUBLink immediately after registration (Section III.4) if it has changed or is incorrect.
3. As soon as Hübner has checked the data provided and there are no objections to admission, Hübner will activate access to HUBLink and notify the User of this by e-mail. This e-mail shall be deemed as acceptance of the User's application for admission to HUBLink ("Admission"); this shall result in a contract between Hübner and the User for the use of the platform and the services offered. The contract shall be concluded in German or English at the customer's discretion. The text of the contract (consisting of registration request, GTCU and Admission) will be stored in compliance with data protection regulations. The User can view the text of the contract in his HUBLink User account.
4. The User receives a user name consisting of his/her e-mail address and an automatically generated password, which he/she must change to a personal password when logging in for the first time ("Login Data"). The User must log in with his/her Login Data each time he/she uses the HUBLink portal. The User must always take precautions to ensure that access to HUBLink does not expose Hübner to the risk of viruses, malware or other interference with computer systems and devices. The User must keep his Login Data secret and secure it against access by third parties and keep the systems used by him to log in up to date with the latest technology. If the User suspects that a third party knows his Login Data and/or is using his user account without authorization, he is obliged to change his Login Data immediately and to inform Hübner immediately, at least in text form, of the suspicion.
5. The use of HUBLink via a third-party user account is not permitted. The user account is not transferable.
6. Hübner reserves the right to provide the User with alternative means of registration.

IV. User Content

1. The User is entitled to post content on the platform ("User Content"). Hübner does not adopt this User Content as its own in any way; it does not represent the opinion or a declaration of intent of Hübner.
2. The User is prohibited from posting User Content that violates applicable law (in particular laws, ordinances, official regulations, guidelines and announcements) or morality, infringes the rights of Hübner or third parties or is otherwise in breach of contract or unlawful. In particular, User Content that infringes intellectual property rights or other rights of third parties (e.g. copyrights and ancillary copyrights, work titles, designs, patents, trademarks, company logos), violates data protection or personal rights, contains harmful codes (e.g. viruses or Trojans) or other programs that could damage or impair systems, programs, data etc., is defamatory, disparaging, misleading, deceptive or otherwise unacceptable is prohibited. Hübner is entitled to delete such User Content at any time without giving reasons.
3. The User warrants that it will use HUBLink exclusively in accordance with these GTCU, that it holds all intellectual property rights and any other rights, consents and/or permissions to its User Content that are necessary for the proper use of HUBLink in accordance with these GTCU, that it will not interfere with or impair the integrity, availability and performance of HUBLink and that its User Content does not violate these GTCU.
4. Hübner does not guarantee permanent access to the User Content. The User must therefore ensure the secure storage of his User Content and, if necessary, keep his own copies.
5. The User retains all rights to his User Content. By placing it on HUBLink, the User grants Hübner and its affiliated companies (Sections 15 ff. AktG) the non-exclusive, royalty-free, sublicensable right to use its User Content for an unlimited period of time within the scope and for the purposes of the performance of this contract or the performance of contracts concluded on the basis of the GTCU.

V. Warranty, liability, indemnification

1. Access to HUBLink may be affected by interruptions, errors or delays, for example due to necessary or useful repair or maintenance work and/or further development of HUBLink, technical problems or high data volumes on the Internet. Data transmission via the Internet cannot be guaranteed to be completely secure. Although Hübner strives to provide adequate protection, it cannot guarantee the security of the content/data transmitted by the User to Hübner without exception. Any transmission of content/data to Hübner is at the User's own risk. The liability provisions of these GTCU remain unaffected.
2. The User is responsible for all actions performed on HUBLink using his Login Data and/or user account, even if the actions were not authorized or intended by him. The User is liable for all damage caused by the use of his Login Data and/or his user account by himself or third parties, unless he is not responsible for this.
3. The User is obliged to indemnify Hübner from all claims of third parties, including any legal costs in the statutory amount, upon first request, insofar as these claims are based on a violation of these GTCU or any other violation of the law. The User is obliged to provide Hübner with immediate, truthful and complete information necessary for the examination of third-party claims and legal defense.
4. In all other respects, the statutory provisions shall apply to the User's liability.
5. Claims for damages by the User, irrespective of the legal grounds, in particular due to the breach of duties arising from the contractual obligation and from tort, are excluded. This shall not apply in cases of intent or gross negligence, due to injury to life, body or health, for liability under the Product Liability Act, for any guarantee assumed by Hübner in writing, for damages due to a culpable breach of material contractual obligations or in cases of mandatory statutory liability. Material contractual obligations are those whose fulfillment is a prerequisite for the performance of the contract and on which the customer relies and may rely. However, liability for the breach of material contractual obligations is limited to compensation for foreseeable damage typical of the contract. The limitations of liability under these GTCU shall also apply in favor of Hübner's legal representatives and vicarious agents if claims are asserted directly against them.

VI. Reservation of right of amendment

1. Hübner reserves the right to amend these GTCU insofar as this is reasonable for the User. Hübner will inform the User of such changes in text form in advance. If the User does not object to such a change in text form within four (4) weeks of the notification, the change shall be deemed accepted by the User; Hübner shall inform the User of this fact in the notification. In the event of an objection, the contract will be continued under the existing conditions. However, Hübner remains at liberty to terminate the contract, whereby an important reason entitling Hübner to extraordinary termination is to be assumed in particular if a continuation of the contract under the existing conditions is not technically possible.
2. Hübner is entitled to implement changes to HUBLink at any time that do not affect these GTCU or are reasonable for the User, taking into account Hübner's interests. 

VII. HUBLink usage rights

1. Hübner is the owner or licensee of all intellectual property in HUBLink and the services offered, including any content provided by Hübner in connection with HUBLink ("HUBLink Content"), the software underlying the platform, the systems, the texts, graphics, icons and the audio and video material.
2. The User is only permitted to use the Platform and the Services, including the HUBLink Content, (or parts thereof) on HUBLink itself and in accordance with the functionalities therein within the scope of and in accordance with the provisions of these GTCU. Subject to any permission granted by mandatory statutory provisions or these GTCU, the User is in particular not permitted without Hübner's prior written consent (1) to edit, redesign, adapt, translate, reproduce, adapt, publish, decompile, disassemble or reverse engineer the program code of HUBLink or the Services (or parts thereof) or to use the source code of HUB-Link or the Services (or parts thereof) for any other purpose. reverse engineering) or to determine the source code in any other way and to create derivative works thereof, (2) to store HUB-Link Content beyond the intended use on HUBLink (e.g. on data carriers and storage media). (3) to circumvent technical restrictions, (4) to systematically extract HUBLink Content for the purpose of reuse (e.g. by data mining, robots and/or similar data collection and extraction programs), or (5) to use HUBLink or the Services in a manner that competes with Hübner's business model. The provisions of Sections 69d, 69e of the German Copyright Act (“UrhG”) remain unaffected.

VIII. HUBLink mailbox

1. Hübner provides the User with an electronic mailbox on HUBLink in which Hübner or any companies affiliated with Hübner can make messages and documents available to the User. The User can choose to receive an e-mail notification of new messages in his mailbox. The User has no claim to the provision of messages via the mailbox; this does not apply if something else has been expressly agreed (e.g. in the GTCU).
2. The User is obliged in particular to check his mailbox regularly for new messages if he has received a notification of a new message or if a new message is to be expected due to services requested or used by him.
3. The messages will be stored in the mailbox for at least 4 weeks and can then be deleted by Hübner without prior notice to the User. This does not apply if Hübner is legally or contractually obliged to store the messages for a longer period (e.g. on the basis of the GTCU).

IX. Blocking of use, deletion of the user account

1. Hübner shall be entitled to block or delete the user account, including the Login Data, if (1) this contract can be terminated by Hübner for cause, in which case deletion shall only take place with a notice of termination, (2) objective reasons in connection with IT security justify this, (3) the User has provided false information during or after registration or has not updated his information or (4) the User has violated these GTCU or applicable law. A User with a blocked or deleted user account may not use HUBLink via another existing or new user account.
2. The User will be informed of the relevant reasons at the latest immediately after blocking or deletion.
3. If the reasons for blocking do not exist or no longer exist, Hübner will lift the block and inform the User accordingly.

X. Term

1. This agreement is concluded for an indefinite period.
2. Hübner and the User may terminate this contract at any time without observing a notice period. The right to extraordinary termination remains unaffected.
3. Hübner is entitled to block the User's Login Data after the termination becomes effective and to delete the user account including all data stored there, provided that this does not conflict with any legal or contractual obligation of Hübner. Hübner will inform the User of these termination consequences in the event of termination.
4. Any notice of termination must at least be in text form.

XI.  Final provisions

1. The place of jurisdiction shall be the registered office of Hübner's head office (Kassel), provided that the User is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany. Hübner reserves the right to take legal action at the User's general place of jurisdiction or at any other court having jurisdiction by law. Overriding statutory provisions, in particular regarding exclusive jurisdiction, shall remain unaffected.
2. Hübner and the User shall comply with all applicable data protection regulations.
3. All legal relationships between Hübner and the User shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the German conflict of laws rules.
4. Should any part of the contract or these GTCU be or become invalid or should the contract or these GTCU contain a loophole, this shall not affect the validity of the remainder of the contract or these GTCU. This does not imply a mere reversal of the burden of proof, but excludes the application of Section 139 BGB. In the event of a loophole, the effective and enforceable provision that comes closest to the legal and economic purpose of this contract shall be deemed to have been agreed.
5. References to the validity of statutory provisions are for clarification purposes only. Even without such clarification, the statutory provisions shall therefore apply unless they are directly amended or expressly excluded in this contract.
6. In cases of doubt regarding the wording or translation, the original German language version of these GTCU shall prevail.