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Terms of use

Terms of using the Winkhaus Partner Portal

​​​​Please read these conditions carefully before using the Winkhaus Partner Portal. By registering and using the Winkhaus Partner Portal, you declare your consent to be bound to these conditions of use.
 

​​​​​​​1. Account

You will need a Winkhaus Partner Portal to be able to use our service, or you will have to be logged in with your Winkhaus Partner Portal. 
If you use our service, you will be responsible for ensuring the confidentiality of your Winkhaus Partner Portal account and password and for restricting access to your computer and mobile devices and, where permissible under applicable law, you declare your consent to be responsible for all activities carried out through your Winkhaus Partner Portal account or password. You should take all necessary measures to make sure your password stays secret and is kept safely, and you should inform us immediately if you have reason to believe that a third party has gained knowledge of your password or that your password has (or is suspected to have) been used without authorisation. You are responsible for making sure that your information is correct and complete and that you inform us of any changes to the information you give us. You can view your information in the Profile Service area of the Winkhaus Partner Portal. 
We reserve the right to withhold a particular service in the Winkhaus Partner Portal from you, or to close the Winkhaus Partner Portal account. This holds particularly true if you violate applicable law, contractual agreements or our internal company guidelines.
 

​​​​​​​2. Liability

We endeavour at all times to ensure that the Winkhaus Partner Portal is available without interruption and that transmissions take place without trouble. However, due to the nature of the internet, this cannot be guaranteed. Your access to the Winkhaus Partner Portal may occasionally be interrupted or restricted. This is particularly the case if repairs, maintenance or the introduction of new equipment or services becomes necessary. However, we try to limit the frequency and duration of these temporary interruptions or restrictions.
Aug. Winkhaus GmbH & Co. KG assumes unlimited liability if the cause of damage is attributable to wilful or grossly negligent breach of the obligations of Aug. Winkhaus GmbH & Co. KG or a legal representative or vicarious agent of Aug. Winkhaus GmbH & Co. KG.
The aforementioned limitations of liability do not apply in case of harm to life and limb or health, for defects after assumption of a guarantee for the quality of the product and in the case of fraudulently concealed defects. Liability pursuant to the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.
If the liability of Aug. Winkhaus GmbH & Co. KG is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
 

​​​​​​​3. Changes to the Winkhaus Partner Portal and amendments to the conditions

Your are subject to the conditions of use and General Terms of Business in effect at the time when you log into Winkhaus Partner Portal and use the services it offers. As owner of your Winkhaus Partner Portal account, and provided that the change does not put you at an unreasonable disadvantage, we are entitled to change the conditions of use, the General Terms of Business and the services offered, either in whole or in part, at any time for the following reasons:
  • for legal or regulatory reasons;
  • for security reasons;
  • in order to further develop or optimise existing features of the service as well as to add additional features;
  • in order to take technical progress into account and carry out technical adaptations;
  • in order to ensure the future functionality of the service.
If we make changes, we will inform you of them in good time and point out the rights to which you are entitled. You are able to close your Winkhaus Partner Portal account at any time. Should an amendment prove to be invalid, void or for any reason unenforceable, this will not affect the validity and enforceability of the other amendments or conditions.
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​​​​​​​4. No waiver

Should you violate these conditions of use and we take no action against it, we remain entitled to assert our rights upon any other occasion in which you violate these conditions of use.
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​​​​​​​5. Applicable law

The laws of the Federal Republic of Germany excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) are applicable to all contracts which include these conditions of use and to the conditions of use themselves.