STIHL DIGITAL PLATFORM Terms of Use
As at: 18 October 2022
Market: Malta
1. SCOPE
1.1 STIHL direct GmbH (Badstr. 115, 71336 Waiblingen, Germany, info@stihl.de, 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).
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 order to use the STIHL Digital Platform, including the Solutions, you are required to register a
"STIHL Account".
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, 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 Only the English language is available for the conclusion of the contract in the Maltese market.
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 within the meaning of section 13 of the German Civil Code [Bürgerliches Gesetzbuch
– BGB] or users of a company that fulfils the conditions of section 14 BGB are entitled as natural
persons to register for the STIHL Digital Platform and thereby create an account ("STIHL
Account"). These natural persons must be at least 18 years of age and fully competent to enter
into legal transactions.
2.2. 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.
2.3. A consumer is any natural person who enters into a legal transaction for purposes which, for the
most part, cannot be attributed to his or her professional or self-employed activity. An
entrepreneur acts in the course of his or her professional or self-employed activity.
2.4. Consumers or 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.
2.5. You are obligated to 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 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.
2.6. 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.
2.7. 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.
2.8. 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.
2.9. 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.
2.10. 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) if 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 to section 327e (2) and (3) and
section 327f BGB, 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) for other reasons, a change or addition to the STIHL Digital Platform and/or Solutions
seems imperative and does not place you at an unreasonable disadvantage.
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 3.2 and will send the amended Terms of Use in text form. In accordance with the
provisions of this clause 3.2 before 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 3.2, 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 3.1 to 3.2
shall 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 3.3 within 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. You are obligated to
a) ensure that the access data to your STIHL Account are 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 form of any misuse of your STIHL Account in order
for access to the STIHL Account to be blocked;
d) keep the operating system and/or browser you are using up to date.
4.3. STIHL direct is entitled to 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,
if STIHL direct acquires knowledge of such content. When using these functions, you must refrain
from any unlawful acts, breaches of the law and infringements of the rights of third parties.
4.4. 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.
4.5. 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 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 the STIHL Digital Platform is the output of the data
centre of the infrastructure used by STIHL direct.
6. RIGHTS OF USE
6.1. Upon conclusion of the agreement, you will be granted a simple right to use the STIHL Digital
Platform as intended for the term of the agreement, subject to the 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. 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.
6.3. 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/legal/internet-services/itunes/mt/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 2.3), 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.
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 by you.
10.4. You and STIHL direct may not terminate the contract in accordance with clauses 10.1 to 10.3
above 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 effected 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 serious violation 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 shall be liable for damages arising out of the use of the STIHL Digital Platform within
the scope of statutory provisions, irrespective of the legal grounds, only in accordance with the
following provisions:
a) STIHL direct shall be liable without limitation for damages resulting from death or personal
injury, as well as for damages caused by the wilful intent or gross negligence of STIHL
direct, its legal representatives or vicarious agents, as well as for damages caused by noncompliance with a guarantee given by STIHL direct or by fraudulently concealed defects.
b) For all other damages due to a breach of essential contractual obligations resulting from
simple negligence by STIHL direct, its legal representatives or vicarious agents, the liability
of STIHL direct shall be based on the merits of the case. Essential contractual obligations
(cardinal obligations) are those whose fulfilment enables the proper implementation of the
contract in the first place and on whose fulfilment the contractual partner may ordinarily
rely. In such cases, STIHL direct shall be liable for an amount of compensation as would
be typical for foreseeable damages in such a contract. Liability is otherwise excluded.
c) Liability under the German Product Liability Act remains unaffected by the above
provisions.
d) Claims against STIHL direct for damages due to default resulting from simple negligence
are excluded; your statutory rights after the expiry of a reasonable grace period remain
unaffected.
11.2. 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. Communication with you will take place via the email address provided in the STIHL Account.
13. DATA PROTECTION
In processing your personal data, STIHL direct observes the applicable data protection
regulations as well as the Privacy Policy of STIHL direct, which can be found at
[https://app.stihl.com/en-mt/legal/privacy].
14. FINAL PROVISIONS
14.1. The contractual relationship between you and STIHL direct is governed solely by the law of the
Federal Republic of Germany, insofar as non-binding national consumer protection laws do not
take precedence in your favour in accordance with the law of the country in which you are
domiciled or habitually resident. The application of the UN Sales Convention (CISG) is expressly
excluded.
14.2. If you are a business person, a legal entity under public law or a special fund under public law in
accordance with section 14 BGB, the exclusive place of jurisdiction for all disputes arising out of
or in connection with these Terms of Use shall be Stuttgart, Germany. The same place of
jurisdiction shall apply if you do not have a general place of jurisdiction in the country of origin, if
you transfer your domicile or habitual place of residence from the country of origin after the
conclusion of the contract, or if your domicile or habitual place of residence is not known at the
time the action is brought.
14.3. 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.
14.4. 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.
15. EXTRAJUDICIAL SETTLEMENT OF DISPUTES IN CONSUMER MATTERS
15.1. Under current law, STIHL direct is obligated to inform consumers about the existence of the
European Online Dispute Resolution Platform, which was set up by the European Commission
for dispute resolution
15.2. The European Online Dispute Resolution Platform can be found here:
https://ec.europa.eu/consumers/odr/.
15.3. Contact details of the official dispute resolution bodies can be found at the following link:
https://webgate.ec.europa.eu/odr/main/index.cfm.
15.4. In the absence of a legal obligation to participate in dispute settlement proceedings before a
consumer dispute resolution body, STIHL direct is not obligated and not willing to participate in
such dispute resolution proceedings.
15.5. Furthermore, due to statutory regulations, STIHL direct hereby specifies STIHL direct's email
address, which reads as follows: info@stihl.de.
INFORMATION ABOUT THE RIGHT TO WITHDRAW
RIGHT TO WITHDRAW
You have the right to withdraw from this contract within fourteen days without giving reasons.
The withdrawal 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
info@stihl.de, phone +49 7151 260) in a clear declaration (e.g. a letter sent by post or email) of your
decision to withdraw from this contract. You may use the attached withdrawal form template, but this is
not required.
In order to comply with the withdrawal period, it is sufficient that you send the notice that you are
exercising your right of withdrawal before the expiry of the withdrawal period.
CONSEQUENCES OF WITHDRAWAL
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 withdrawal from 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 withdrawal 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 info@stihl.de, phone +49 7151 260:
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I/we (*) hereby withdraw from 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.
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