STIHL DIGITAL PLATFORM
Terms of Use
Version 2 of 07.11.2023
Effective from 16.02.2024
Market: United Kingdom
I. GENERAL TERMS OF USE
1. SCOPE
1.1 STIHL direct GmbH (Badstrasse 115, 71336 Waiblingen, Germany, registered at District Court of Stuttgart, HRB 773503, VAT ID No. DE329143527), ("STIHL direct") is the provider of the STIHL Digital Platform.
1.2 The STIHL Digital Platform enables you to access free applications and services from STIHL direct ("Solutions"; the Solutions are hereinafter, unless expressly stipulated otherwise, part of the STIHL Digital Platform). Solutions may, however, be available only in certain markets and consequently not used in your market.
1.3 As part of the STIHL Digital Platform, STIHL direct offers you various applications for using the STIHL Digital Platform and the Solutions for mobile devices ("Mobile App") and browser-based applications ("Web App") (Mobile App and Web App together "App").
1.4 In orderuse the STIHL Digital Platform, including the Solutions, you are required to register a "STIHL Account". This shall not apply, however, if for a Solution it is stipulated in the respective Special Part that individual features of a Solution or the whole Solution can also be used without registering for a STIHL Account. In this case, however, you shall solely have access to the part of the respective Solution that can be used without registering.
1.5 These Terms of Use govern your access to and use of the STIHL Digital Platform. Your use of the Solutions available through the STIHL Digital Platform is additionally governed by supplementary provisions in Special Parts of these Terms of Use. In the event of a conflict between the General Part and the Special Parts of these Terms of Use (see Part II below), the provisions of this General Part shall take precedence.
1.6 The STIHL Digital Platform Terms of Use shall apply in the version valid at the time of registration or as accepted by you at a later date.
1.7 The sole language available for concluding the contract in the market United Kingdom is English
1.8 Your General Terms and Conditions of Business will not become part of the usage relationship between STIHL direct and you, even if not expressly rejected by STIHL direct.
1.9 The Terms of Use are valid exclusively between STIHL direct and you. If you download mobile apps from the respective Apple Inc. or Google LLC app store to your mobile device, Apple Inc. and Google LLC are not responsible for the content in the mobile apps.
2. REGISTRATION FOR THE STIHL DIGITAL PLATFORM
2.1. Consumers (that is people using the STIHL Platform wholly or mainly outside their trade, business, craft or profession) are entitled as natural persons, to use the STIHL Digital Platform, where it is offered, without registering as well as to optionally register for the STIHL Digital Platform and thereby create an account ("STIHL Account"). In the case of both registration and use without registration natural persons must be 18 years of age or older and have full legal capacity.
2.2. The following shall apply to registering for the STIHL Digital Platform:
2.2.1. Legal entities and partnerships that are not also natural persons cannot register for the STIHL Digital Platform. However, within the framework of Solutions, where appropriate these can be set up as organisations by an authorised user acting on behalf of the company. A contract is thereby concluded between the company and STIHL direct on the basis of these Terms of Use.
2.2.2. Consumers or authorised users of a company can also be invited to the STIHL Digital Platform by an already registered user. If you use the invitation function provided by STIHL direct for this purpose, you undertake to use the invitation function lawfully and only to the intended extent.
2.2.3. You shall provide truthful and complete information within the context of registration, in particular on the country of your place of business or residence and any other information requested by STIHL direct in the context of registration. If you provide incorrect information about the country of your place of business or residence when registering, you may not be presented with the Terms of Use and/or Privacy Policy specific to your country. STIHL direct shall not be responsible if you are provided with a different country version of the Terms of Use and the Privacy Policy if, when registering for the STIHL Digital Platform, you indicate an incorrect country for your place of business or residence or due to any other technical interference in the STIHL Digital Platform, such as changing URL parameters.
2.2.4. Before you complete the registration, you will be offered technical tools to change your details and correct input errors. Registration can be cancelled at any time.
2.2.5. By completing the registration, you make a binding offer to STIHL direct for the conclusion of a contract for use of the STIHL Digital Platform based on these Terms of Use.
2.2.6. Immediately after the registration has been completed, you will receive an email from STIHL direct to the email address provided at registration, containing an activation link. The activation link is valid for the period specified in the email. If the activation link is not confirmed by you in due time, the originally submitted offer to conclude a contract for use of the STIHL Digital Platform will cease to be valid and you will have to restart the registration process for the STIHL Digital Platform.
2.2.7. After confirming your email address within the deadline, STIHL direct will send you an email confirming your successful registration. Upon receipt of the confirmation email, a contract for the use of the STIHL Digital Platform will be concluded between STIHL direct and you with the content of the Terms of Use. Along with the confirmation email, the STIHL direct Terms of Use will also be sent to you to the email address specified in the registration.
2.2.8. STIHL direct reserves the right to temporarily or permanently block your access to the STIHL Account and therefore to the STIHL Digital Platform and any other Solutions, if you:
a) violate the obligation to provide truthful information within the framework of registration or violate your obligations pursuant to clause 4 or
b) STIHL direct has any other legitimate interest in the temporary or permanent blocking of your STIHL Account.
STIHL direct will endeavour to inform you in advance of the blocking of the STIHL Account.
3. CHANGES TO THE CONTENT OF THE STIHL DIGITAL PLATFORM AND TERMS OF USE
3.1. STIHL direct reserves the right to make changes to the STIHL Digital Platform which go beyond what is necessary for maintaining contractual conformity pursuant tothe Consumer Rights Act 2015, without your prior consent, for good cause, if such is necessary for operational reasons for adaptation to a new technical environment, increased user numbers, the usability of the STIHL Digital Platform or other important operational reasons and is free of charge for you.
3.2. STIHL direct reserves the right to change these Terms of Use with your consent, for good cause, if:
a) the STIHL Digital Platform and/or Solutions need to be adapted or discontinued as a result of a change in the law or case law; and/or
b) the STIHL Digital Platform and/or Solutions need to be adapted or discontinued as a result of a change in the law or case law; and/or
STIHL direct will inform you thirty (30) days in advance or, if STIHL direct is able to do so in the respective individual case, sooner and in advance in text form about the change in accordance with this clause 3.2and will send the amended Terms of Use in text form. In accordance with the provisions of this clause 3.2before the date of entry into force of the amendment, you may either grant or withhold your consent. Consent shall also be deemed granted if you do not explicitly consent before the date of entry into force (“Assumed Consent”), unless you expressly refuse consent vis-à-vis STIHL direct before the amendment enters into force. The text form is sufficient for refusal of consent. For each amendment as defined in this clause 3.1, STIHL direct will expressly inform you of the legal consequences of Assumed Consent.
3.3. Any amendment to the usage relationship exceeding the scope specified in clauses 3.1to 3.2shall require your explicit consent. STIHL direct will inform you thirty (30) days in advance, or, if STIHL direct is able to do so in the respective individual case, earlier in text form about the amendment to the Terms of Use, and will send the amended Terms of Use in text form. In accordance with the provisions of this clause 3.3, you may either grant or withhold your consent. If you do not consent to the amendment in accordance with this clause 3.3within thirty (30) days, the contractual relationship will be continued on the previous, unchanged Terms of Use.
3.4. STIHL direct reserves the right to make formal changes, editorial changes and updates to the hyperlinks at any time without prior notice.
3.5. You will not incur any additional costs due to changes made under this clause 3.
4. GENERAL OBLIGATIONS OF THE CUSTOMER
4.1. When using the STIHL Digital Platform, you must refrain from unlawful acts, breaches of the law and infringements of third party rights.
4.2. If you have a STIHL Account, you shall:
a) ensure that the access data to your STIHL Account is not accessible to third parties. You are liable for all activities carried out under your STIHL Account, even if these have been carried out by a third party, insofar as you are responsible for this;
b) use a secure password for your STIHL Account;
c) immediately notify STIHL direct in text of any misuse of your STIHL Account in order for access to the STIHL Account to be blocked.
4.3. You shall be obliged to keep the operating system and/or browser you are using up to date.
4.4. STIHL Direct can remove illegal or offensive content or content that violates the rights of third parties that you have uploaded to the Solutions via the functions provided by STIHL Direct.
4.5. STIHL direct shall not be responsible if you are provided with a different country version of the Terms of Use and the Privacy Policy during your use of the STIHL Digital Platform if you indicated an incorrect country for your place of business or residence or due to any other technical interference in the STIHL Digital Platform, such as changing URL parameters.
4.6. It is your responsibility to install updates for apps provided by STIHL direct within a reasonable period of time. If you do not do so, although STIHL direct has advised you of the availability of the update and the consequences of a failure to install the same, STIHL direct shall not be responsible for product defects of the Apps resulting from the failure to install the latest update. If, on the basis of the information provided to you, you are unable to perform the installation properly, you shall be obligated to promptly inform STIHL direct of this.
5. TECHNICAL REQUIREMENTS
5.1. The use of the STIHL Digital Platform requires a compatible device, i.e. an Internet-enabled smartphone/tablet/etc. for Mobile Apps or an Internet-enabled smartphone/tablet/PC/laptop/etc. with a supported Internet browser for Web Apps.
5.2. You shall be independently responsible for the operation of the device and for access to the Internet (and shall bear the costs) incurred thereby.
5.3. The service transfer point for the provision of STIHL Digital Platform is the output of the data centre of the infrastructure used by STIHL direct.
6. RIGHTS OF USE
6.1. Once we have confirmed registration of your account, you will be granted a right to use the STIHL Digital Platform as intended for the term of the agreement in accordance with these Terms of Use. This includes, as far as technically necessary, the installation as well as the loading, displaying and running on your device.
6.2. STIHL direct gives you the opportunity to submit comments and suggestions for improvement in relation to the products offered by STIHL direct and the STIHL Digital Platform (“feedback”). By sending your feedback to STIHL direct you grant STIHL direct a free, non-exclusive, irrevocable and transferable right, including the right to sublicense, for an indefinite period and to the extent necessary to take account of and act on your Feedback.
6.3. You are not permitted to interfere with or manipulate the data flow of the STIHL Digital Platform nor to add or derive data through your own interfaces. Access to the data in the STIHL Digital Platform is only permitted via the user interfaces provided.
6.4. As far as you use the Apps on an Apple device, the right to use the Apps extends to all Apple devices which you own or control. Under the terms of the Apple Media Services (available at https://www.apple.com/uk/legal/internet-services/itunes/uk/terms.html), the Apps may also be accessed, installed, and used in accordance with these terms by other accounts associated with you (such as Family Sharing or Volume Purchases).
7. AVAILABILITY
7.1. STIHL direct makes every effort to make the STIHL Digital Platform available within the limits of what is reasonable. However, continuous availability of the STIHL Digital Platform cannot be guaranteed. The STIHL Digital Platform and the underlying infrastructure are also regularly technically maintained.
7.2. The provision of the STIHL Digital Platform may be subject to restrictions, in particular in the event of disruptions or restrictions that are not within STIHL direct's control. Furthermore, restrictions may arise in particular for the following reasons:
a) for reasons of force majeure, as specified in clause 8;
b) due to technical and other disruptions or measures, such as repair, maintenance, software updates, enhancements to the systems and the STIHL Digital Platform or implemented by upstream and downstream service providers, that are necessary for the proper or improved delivery of the STIHL Digital Platform; or
c) due to lack of availability or capacity constraints for mobile, data and other Internet connections.
7.3. STIHL direct makes every effort to inform you in good time of any planned maintenance work on the STIHL Digital Platform; for example, by displaying a corresponding notice in the Apps.
8. FORCE MAJEURE
STIHL direct shall not be liable to you for any delay or failure to comply with any STIHL direct performance obligation, if the delay or failure is due to an event beyond the control of STIHL direct or you, which prevents STIHL direct in whole or in part from fulfilling its obligations, including fire damage, floods, strikes, epidemics and pandemics, lockouts and administrative orders ("force majeure").
9. RIGHT OF WITHDRAWAL
9.1. If you are a consumer (see clause 2), you have a right of withdrawal when registering for the STIHL Digital Platform and the STIHL Account, in accordance with the information provided in the Annex to this General Part of the Terms of Use.
9.2. Additionally, you may terminate your contract for the use of the STIHL Digital Platform at any time.
10. TERM AND TERMINATION
10.1. The contract between you and STIHL direct for the use of the STIHL Digital Platform is concluded for an indefinite period.
10.2. You may delete your STIHL Account at any time without giving any reason. By deleting the STIHL Account, the contract for the use of the STIHL Digital Platform between you and STIHL direct ends. All Solutions made available through your STIHL Account will be terminated automatically due to the deletion; STIHL direct will inform you about this fact separately when you delete your STIHL Account. This clause 10.2 applies accordingly if you have registered solely via a Solution without using a STIHL Account.
10.3. STIHL direct is entitled to terminate the contract for the use of the STIHL Digital Platform, including Solutions used via the platform, with a notice period of thirty (30) days. The termination will be notified in text form to the email address provided.
10.4. You and STIHL direct may not terminate the contract in accordance with clauses 10.1to 10.3above if there is a contract between you and STIHL direct for use of the Solutions with a different term and/or notice period in the respective section of the Special Part of the Terms of Use. In such a case, the termination of the contract for the use of the STIHL Digital Platform, including the Solutions used via the platform, may be affected at the earliest to the end of the term of the longest-running Solution; in such cases, it shall continue to be possible for you to delete the STIHL Account in accordance with the provisions of clause 10.3.
10.5. STIHL direct is entitled to extraordinarily terminate the contract for the use of the STIHL Digital Platform, including the individual Solutions, without notice for good cause, in particular if you commit a seriousviolation of the Terms of Use and, in spite of a warning do not remedy this violation within a reasonable period of time. A warning is not necessary if the violation is so serious that a prior warning is ruled out due to the very nature of the case. A violation of the Terms of Use shall be deemed serious in particular if you exceed the scope of your rights of use or if you compromise STIHL direct's IT security.
10.6. Upon termination of the contract for the use of the STIHL Digital Platform, STIHL direct shall be entitled to block your access to the STIHL Account. After this time, you will not be able to access the data stored in the STIHL Account or the Solutions.
11. LIABILITY
11.1. STIHL direct will always be responsible to you for the following:
11.1.1.death or personal injury arising as a result of STIHL Direct’s negligence;
11.1.2.fraud on the part of STIHL Direct;
11.1.3.wilful intent or gross negligence of STIHL Direct, its legal representatives or vicarious agents; or
11.1.4.any other liability that cannot be excluded or limited under applicable law.
11.2. If you are a consumer, we are only responsible for any damages, losses or costs which result from STIHL direct not performing its obligations under these Terms of Use and which could have been reasonably foreseen by STIHL Direct and you when entering into these Terms of Use.
11.3. If you are a business user, STIHL Direct is not responsible for:
11.3.1.any loss or profit, sales, business or revenue;
11.3.2.loss of anticipated savings;
11.3.3.business interruption;
11.3.4.loss of business opportunity, goodwill or reputation; or
11.3.5.any indirect or consequential loss or damage.
11.4. You are required to take appropriate measures to prevent and mitigate damage, in particular to ensure, where technically possible, appropriate security of your data on your devices. Liability for data corruption or data loss is limited to the typical recovery effort that would have been necessary if backup copies had been made regularly and in accordance with the level of risk, and if adequate virus protection had been used.
12. NOTICES
12.1. The contractual language is English.
12.2. If you have a STIHL Account, communication with you will take place via the email address provided in the STIHL Account. In all other cases communication will take place via the respective Solution and the data you have stored there.
13. DATA PROTECTION
When processing your personal data STIHL direct shall comply with the applicable data protection legislation as well as STIHL direct’s Privacy Notice for the STIHL Digital Platform and STIHL Solutions, available at https://app.stihl.com/en-gb/legal/privacy.
14. FINAL PROVISIONS
14.1. These terms are governed by English law and you can bring legal proceedings in respect of the Solutions in the English courts. If you are a consumer and you live in:
a) Scotland you can bring legal proceedings in respect of the Solutions in either the Scottish or the English courts.
b) Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
c) Wales you can bring legal proceedings in respect of the products in either the Welsh or the English courts.
14.2. There are no ancillary agreements to these Terms of Use. Amendments and additions to these Terms of Use shall be in writing unless a stricter form is required by law. This also applies to amendments or additions to this written form clause.
14.3. Should any provision of these Terms of Use be or become wholly or partly ineffective or unenforceable, this shall not affect the validity of the remaining provisions of these Terms of Use.
INFORMATION ABOUT THE RIGHT TO CANCEL
RIGHT TO CANCEL
You have the right to cancel this contract within fourteen days without giving reasons.
The cancellation period shall be fourteen days from the date of conclusion of the contract.
In order to exercise your right of withdrawal you must inform us (STIHL direct GmbH, Badstr. 115, 71336 Waiblingen, Germany, District Court of Stuttgart, HRB 773503, VAT Id No. DE329143527, email enquiries@stihl.co.uk, phone +49 7151 260) in a clear declaration (e.g. a letter sent by post or email) of your decision to cancel this contract. You may use the attached cancellation form template, but this is not required.
In order to comply with the cancellation period, it is sufficient that you send the notice that you are exercising your right of cancellation before the expiry of the cancellation period.
EFFECTS OF CANCELLATION
If you withdraw from this contract, we will have to refund to you all payments we have received from you, including delivery costs (except for additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the date on which we received the notification of your cancellation of this contract. We will use the same means of payment for this repayment that you used in the original transaction, unless otherwise expressly agreed with you; in no case will you be charged for this repayment.
Template for the cancellation form
(If you wish to withdraw from the contract, please fill out this form and send it back.)
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To STIHL direct GmbH, Badstrasse 115, 71336 Waiblingen, Germany, District Court of Stuttgart, HRB 773503, VAT Id No. DE329143527, email enquiries@stihl.co.uk, phone +49 7151 260:
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I/we (*) hereby cancel the contract entered into by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
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Ordered on (*)/Received on (*)
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Name of the consumer(s)
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Address of the consumer(s)
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Signature of the consumer(s) (only for paper communication)
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Date
(*) Delete as appropriate.
II. SPECIAL PART OF THE TERMS OF USE for STIHL connected
1. SCOPE
1.1. This special part of the Terms of Use for STIHL connected ("Special Part for STIHL connected"), together with the General Part of the Terms of Use, governs your access STIHL direct's digital management solution for equipment fleets, especially in horticulture and landscaping, maintenance of green areas and forestry ("STIHL connected").
1.2. Unless stipulated otherwise or additionally in this Special Part for STIHL connected, the General Part of the Terms of Use shall also apply to this.
2. USE OF STIHL connected
2.1. STIHL connected is used via https://app.stihl.com or via the STIHL connected Mobile App using your STIHL Account.
2.2. Within STIHL connected, Organisations can be set up by authorised Users. The following requirements shall apply:
a) For Organisations that are limited companies the following applies exclusively: Authorised Users of your company can set your company up as an Organisation in STIHL connected. A contract is thereby concluded between the company and STIHL direct on the basis of these Terms of Use. The User performing the setup must have a power of attorney for this matter, which entitles him/her to effectively contractually commit you as a company. Upon request, such power of attorney must be demonstrated to STIHL direct at all times.
b) For all other Organisations, the following applies exclusively: You can set up an Organisation with STIHL connected. There is no further contractual agreement between STIHL direct and this Organisation. You, as the authorised user and administrator of the Organisation, shall thereby remain the exclusive contractual partner of STIHL direct. You shall be obligated to fulfil the specific duties of the Organisation (see clause 3 of this Special Part for STIHL connected) vis-à-vis STIHL direct.
2.3. After your successful creation as an Organisation, additional users can be invited to the Organisation via a user management. These other users must have their own STIHL Account in accordance with the General Part of the Terms of Use. Clause 2.2.1 of the General Terms of Use shall apply to the invitation to STIHL connected.
2.4. If you are a consumer you will use your own name as the User.
3. SPECIAL DUTIES AS AN ORGANISATION AND BLOCKING
3.1. As an Organisation, you are obligated to use the functions and information provided via STIHL connected in accordance with the applicable statutory requirements, in particular of data protection and labour law. You must thereby refrain from unlawful acts, breaches of the law and infringements of the rights of third parties.
3.2. As an Organisation, you are also obligated to commit the users belonging to your company to comply at all times during their use of STIHL connected with the corresponding obligations in this Special Part for STIHL connected and in the additionally applicable General Part of the Terms of Use.
3.3. STIHL Direct reserves the right to temporarily or permanently block your access as an Organisation and thus to the STIHL Digital Platform and the STIHL connected Solution, if you or the users belonging to your company have violated the above obligations of clauses 3.1 or 3.2. This may also affect access to STIHL connected for users belonging to your company. STIHL Direct will endeavour to inform you in advance of the blocking of the STIHL Account.
4. TERM
The contract between you and STIHL direct for the use of STIHL connected is concluded for an indefinite period. Otherwise, clause 10 of the General Part of the Terms of Use shall apply.
III. SPECIAL PART OF THE TERMS OF USE for MY STIHL
1. SCOPE
1.1. This Special Part of the Terms of Use for MY STIHL (“Special Part for MY STIHL”) governs, together with the General Part of the Terms of Use, your access to the Mobile App and to the Web App of the Solution MY STIHL (together “MY STIHL”).
1.2. Unless stipulated otherwise or additionally in this Special Part for MY STIHL, the General Part of the Terms of Use shall also apply to this.
2. USE OF MY STIHL
2.1. MY STIHL is used via the Web App at https://my.stihl.com or via the Mobile App of MY STIHL.
2.2. The Web App can be used only with a STIHL Account. The Mobile App can also be used without a STIHL Account, but when using it with your STIHL Account advanced features are available to you. Using the Mobile App with a STIHL Account is, however, not compulsory; in this case, these Terms of Use have to be accepted nevertheless, but a STIHL Account is not created.
3. Retrievable content
3.1. We provide you with editorial content via MY STIHL, including via external links in some cases. Please note that the Terms of Use and Privacy Notice made available at those sources by the respective provider apply to external links.
3.2. STIHL direct grants you a right of use in accordance with clause 13 of the General Part of the Terms of Use to content that is made available.
4. Digital Tool Shed
4.1. Please note that the Digital Tool Shed functionality is available to you only after you have logged in to MY STIHL with your STIHL Account.
4.2. The Digital Tool Shed enables you to add and manage STIHL device and devices of other manufacturers.
4.3. Where available for the respective STIHL device in your market, when it has been added to the Digital Tool Shed a warranty extension can be concluded for this STIHL device. The warranty extension is not granted by STIHL direct, but by the respective company displayed at the time of conclusion, under the respective conditions displayed. To this end, the data is forwarded by STIHL direct to the company displayed in accordance with the Privacy Notice; for more details, see clause 13. of the General Part of the Terms of Use. Confirmation of the warranty extension can be retrieved in the Digital Tool Shed under the respective STIHL device. More details on the warranty extension can be found in the information displayed in the Digital Tool Shed.
4.4. You can store documents for STIHL devices and devices of other manufacturers in the Digital Tool Shed, such as invoices, instruction manuals, service logs and other information (together “files”) on the devices that have been added. STIHL direct will hold these files, including other documents on STIHL devices, where applicable, for you and make them available to you in the Digital Tool Shed for retrieval.
4.5. To enable it to provide this feature you shall grant STIHL direct a free, non-exclusive, revocable right of use for a period limited to the term of the contract between you and STIHL direct on the use of MY STIHL to the stored data to the extent necessary to provide the service to you in accordance with its intended purpose. Before storing the files, please ensure that you are authorised to share them with STIHL direct and to store them in the feature.
4.6. You can set service reminders for devices that have been added to the Digital Tool Shed. You can choose, for each stored device, whether you would like to receive a service reminder within the Solution and also via email.
5. TERM
The contract between you and STIHL direct on the use of MY STIHL shall be concluded for an indefinite period. In all other respects clause 10 of the General Part of the Terms of Use shall apply.
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