WEBSITE TERMS AND CONDITIONS OF USE

1. General Provisions


1.1 These website terms and conditions of use (hereinafter: "General Terms and Conditions") regulate the contractual terms and conditions to which the user, whether registered or not (hereinafter, "User") can use the https://www.elesa-ganter.com/ (hereinafter: "Website") and use the services (hereinafter: "Services"), offered through the Website by ELESA S.p.A. and OTTO GANTER GmbH & Co. KG, companies details available here (hereinafter: "ELESA+GANTER"), companies operating internationally in the design, production and distribution of standard components for the mechanical, machinery and industrial equipment industry (hereinafter: "Products").

When using the Website and its Services, the User acts as a trader and for purposes relating to its trade, business, craft or profession, and not as a consumer acting for purposes which are outside its trade, business, craft or profession.

The Website, its Services and Contents only aim at presenting the Products to the User for information purposes. No online sale between the User and ELESA+GANTER can occur on the Website. Through the Website, ELESA+GANTER does not act as the seller of the Products and the Services cannot be seen as online sale services under any circumstances. The User understands that if it intends to enter into a purchase agreement for certain Products, the User will be redirected by ELESA+GANTER to the seller concerned under the conditions laid down in article 3 and the purchase agreement will be concluded with that seller and not with ELESA+GANTER.

1.2 The access to the Website, through the mere use of the same or after expressing the appropriate consent, implies full knowledge and acceptance of the General Terms and Conditions, in the version in force at the time of such access and for an unlimited duration.

1.3 The Website, its Services and all content related to the Products made available through it (hereinafter: "Contents") are provided exclusively for use in accordance with the General Terms and Conditions.


2. Account registration


2.1 The access of the Website is allowed to registered and non-registered Users.

2.2 Non-registered Users are only allowed to access some of the Services specifically indicated on the Website. In order to be able to access all the Services and the Contents of the Website, the User must first create an account (hereinafter, "Account"):

  • by filling in the registration form located in the provided section of the Website while providing the required personal data;
  • by entering the e-mail address and choosing a password;
  • by giving consent for the General Terms and Conditions, checking the appropriate flags;
  • by reading the privacy policy and, if necessary, giving the required consent, checking the appropriate flags;
  • by accessing the registration confirmation link that ELESA+GANTER will send to the e-mail address provided pursuant to letter b.

2.3. It must be noted that the Website’s operating system does not allow the creation of two Accounts with the same email addresses. The User may change the password at any time.

2.4 The User warrants that any information provided for purposes of the registration procedure as per this article 2, is true, accurate, complete and up-to-date.

2.5 It’s been understood that ELESA+GANTER shall reserve at any time the right to prevent the User from the login to the Website by disabling or deleting the Account or Accounts created by the latter, without the User being able to raise any claims in this regard, if the User:

  • provides personal information that is false, not current or incomplete;
  • uses the Website, and/or its Services and/or its Contents for unlawful purposes or to introduce unlawful contents into the network or contents that breach third party rights;
  • violates the General Terms and Conditions.

2.6 The User declares to assume full and exclusive responsibility of the credentials’ secrecy to access its Account. Therefore, the User shall be the only one responsible for any activity that is carried out through its own Account and will be liable for damages caused by improper use of the access credentials referable by the latter to third parties, as well as liable for any use of the entire or part of the Website, its Services and its Contents in breach of the General Terms and Conditions, including the contents of the information entered to the Website, thereby accepting to be the only one responsible. If the User becomes aware of an unauthorised use of the login credentials referable to the User itself, the latter must report this immediately to ELESA+GANTER. In this case, the User must quickly change its own password by following the instructions provided by the system.

2.7 User may request for the cancellation of the User’s Accounts at any time by notifying ELESA+GANTER to the e-mail address info@elesa-ganter.com and by specifying in the subject "Registration Cancellation Request". ELESA+GANTER shall cancel and disable the login to the Account within 48 (forty-eight) hours after receipt of request by the User.


3. Services and Contents


3.1 The Services to which is possible to access through the Website will be specifically illustrated, for both registered and non-registered Users, within the same.

3.2 By accessing the Contents the User can view a graphical representation of the Products and know their technical characteristics. All measurements shown on the Website are given in millimetres (mm), unless otherwise specified, and rounded to the nearest unit. Assignments of mounting tolerances are specified, where applicable, in the dimensional table for each product. The weights specified in the tables, expressed in grams, are approximate and are not binding. If further product data is needed, the User will contact ELESA+GANTER at info@elesa-ganter.com for a specific request.

3.3 After registration, the User who intends to enter into a purchase agreement for certain Products may make a specific request to ELESA+GANTER via the Website. For this purpose, ELESA+GANTER will directly contact the User, or will provide to the User the access to appropriate online payment procedures at this Website (provided as an accessory instrument to facilitate the purchase agreement with the seller of the Products, where provided) or other websites.


4. User’s obligations


4.1 The Website and all the Services and Contents available thereof are provided exclusively for the User's personal use and in compliance with the General Terms and Conditions in force. The User expressly acknowledges that the Website and all the Services and Contents available thereof are used at its own exclusive and complete responsibility.

4.2 The User undertakes to use the Website, the Services and the Contents exclusively for lawful purposes and permitted by the applicable legal provisions in force, the uses and customs and the rules of diligence, in any case without damaging the rights of ELESA+GANTER or third parties or without causing any damage to ELESA+GANTER or third parties. In particular, it is expressly forbidden for the User to:

  • engage, through the Website, Services and Contents, in any action that may be unlawful, damaging, threatening, abusive, harassing, defamatory or slanderous, vulgar, obscene, detrimental to the confidentiality of others, racists, class-based or in any case reprehensible;
  • cause, through the Website, Services and Contents, a damage to any one in any way;
  • falsify its own identity;
  • forge headers or otherwise tamper with distinctive marks or instructions with the purpose of counterfeiting the origin of the Website, Services and Contents;
  • interfere or interrupt or manipulate the Website, Services or Contents, and servers or networks connected with the same;
  • violate any law or applicable regulation, whether intentionally or not.

4.3 The User is required to keep confidential all information specifically and directly received by ELESA+GANTER through the Website, taking all appropriate measures to ensure adequate protection and in order to ensure the confidentiality of their content, also responding for the actions and conduct of any of its employees and other auxiliaries and/or collaborators.

4.4 The User undertakes to indemnify and hold ELESA+GANTER harmless from any claim, request, complaint or prejudicial effect that may be caused by using the Website, the Services and the Contents in breach of these General Terms and Conditions.

5. Suspensions, interruptions, modifications of the Website, its Services and Contents

5.1 The User acknowledges and accepts that the use of the Website, its Services and Contents may be subject to suspension or interruption, in whole or in part, in order to allow ordinary and extraordinary technical interventions, or for reasons of force majeure or beyond the control of ELESA+GANTER.

5.2 ELESA+GANTER also reserves the right to modify the Website, its Services and Contents, even without prior notice or acceptance by the User.


6. Intellectual property rights


6.1 All intellectual property rights relating to the Website, Contents, Products, logos, trademarks and any distinctive signs of ELESA+GANTER are and remain the exclusive property of ELESA+GANTER.

6.2 The User undertakes not to use or reproduce in any way and for any purpose the logos, trademarks and distinctive signs of ELESA+GANTER or those of third parties, as well as any other information or material on the Website, without the written authorisation of ELESA+GANTER or third party to which the trademarks, logos, distinctive signs and other information or material refer to.

6.3 The User is therefore expressly forbidden to modify, reproduce or use in any way the Contents, the editing, graphics, layout and "look and feel" of any web page on the Website. In particular, the User may download the Contents solely for the purpose of entering into a purchase agreement of the Products with a seller, pursuant to article 3.3.

6.4 ELESA+GANTER does not warrant or represent that the Website, its Services and Contents, will not infringe rights of third parties not owned and controlled by ELESA+GANTER. If the User deem that any content or any service of the Website violates its own rights or those of a third party (even, but not limited to intellectual property rights), the User may send ELESA+GANTER a written notification, even by e-mail to info@elesa-ganter.com.


7. Warranties and certification


7.1 ELESA+GANTER ensure that the Website, the Services and the Contents have the best possible quality and are reasonably up to date, but does not declare or warrant that they are complete, accurate, error-free, reliable, or that the servers that make them available are free of viruses or other harmful components. ELESA+GANTER, also, does not guarantee that any errors in the Website, the Services and/or Contents are promptly corrected or removed.

7.2 The User expressly acknowledges that:

  • ELESA+GANTER, within the limits permitted by mandatory provisions of law, does not guarantee that the Website or its Contents will meet the User's expectations or that their use will allow the gain of any benefit or usefulness whatsoever or that the Website will run without interruptions, on time, and in a secured manner;
  • to the extent required by law, ELESA+GANTER may not be held liable in case of delays, malfunction or interruptions in the operation of the Website and will not assume any responsibility for damages of any sort and nature that may be caused to the User or to a third party as a result of the use or non-use of the Website and its Services and Contents.
  • The Contents will contain purely illustrative indications which do not in any way commit ELESA+GANTER about their correspondence with the Products, such as photographs and possible applications of the same.
  • The quality system of ELESA SpA - Monza (Italy) has an ISO 9001 certificate issued by BSI (Certificate No. FM23747) in 1993.The quality system of OTTO GANTER GmbH & Co. KG - Furtwangen (Germany) has an ISO 9001 certificate issued by DQS (Certificate n. 002946 QM) in 1994.


8. Privacy


8.1 ELESA+GANTER undertakes to comply with all obligations envisaged in the Data Protection Regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016 on "the protection of natural persons with regard to the processing of personal data and on the free movement of such data" (hereinafter "GDPR"), as well as national standards on matters and measures of the Data Protection Authority.

8.2 The User accepts the personal data processing based on the Privacy Policy Statement, that can be consulted on the Website at privacy policy page, and the consents issued in the Website.

8.3 In any case, the data will be processed according to principles of lawfulness and correctness in such a manner as to protect the rights and fundamental freedom in compliance with technical and organisational measures suitable to ensure a proper level of security with respect to the risk and according to manual and automated methods pursuant to the Privacy Policy Statement which the User declares to have read.


9. Amendment


9.1 Any amendment that ELESA+GANTER may make at its own discretion to the General Terms and Conditions will be published on the Website and will become binding for the User by virtue of the mere access to the Website.

9.2 ELESA+GANTER carries out a constant research and development activity regarding the Products in order to constantly improve their quality. Therefore, it reserves the right to modify the Contents at any time and without prior notice. Information relating to a Product within a Content replace and cancel the information referred to the same Product within previous version of a Content, or other advertising and/or promotional material of ELESA+GANTER.

9.3 It is been understood that it is the User's burden and responsibility to periodically check the General Terms and Conditions.


10. Law and jurisdiction


10.1 These General Terms and Conditions are subject to French law.

10.2 Without prejudice to mandatory provisions of law, the Court of Paris shall have exclusive jurisdiction for disputes arising from the interpretation and execution of the General Terms and Conditions.


11. Contacts


11.1 For any clarifications about the Website, its Services and Contents, or these General Terms and Conditions, a FAQ page on the Website is provided.

11.2 The User may also contact ELESA+GANTER by filling in the form provided in the Website at the "call me back" section. The User will be contacted through the email address provided in that form.