GENERAL TERMS AND CONDITIONS FOR REGISTRATION WITH ELESA’S SITE | Elesa

GENERAL TERMS AND CONDITIONS FOR USE AND REGISTRATION

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

These general terms and conditions (hereinafter, the "Terms and Conditions") regulate the registration and use of the site www.elesa.com (hereinafter, "Site"), owned by ELESA (UK) LTD (hereinafter, the "Company" or "Elesa").

The Company is registered in England and Wales under company number 00577223 and has its registered office at 26 Moorlands Industrial Estate, Metheringham, Lincolnshire, LN4 3HX.

To contact the Company, please email sales@elesa.co.uk or telephone the customer service line on 01526 322670.

The registration with the Site and the creation of a MyElesa account allows the user, as an example but not limited to the same, to request Elesa catalogues, download CAD 2D and 3D drawings of the products made available on the Site, save the product listings in favorites, send requests for quotations to Elesa.

By using the Site, you confirm that you accept these Terms and Conditions and that you agree to comply with them.

If you do not agree to these Terms and Conditions, you must not use the Site.

We recommend users print a copy of these Terms and Conditions for future reference.

All the users of the Site are hereinafter referred to as “Users”.

1. REGISTRATION AND PRIVACY

1.1 Creation of a MyElesa account and use of other features of the Site, will require personal data of users. For more information on how the Company uses personal data, please see our Privacy Policy at https://www.elesa.com/en/elesab2bstoreuk/privacy.

1.2 All of the personal data provided by users will be processed by the Company in conformity with applicable law in relation to the protection of personal data.

1.3. Following the registration of the required data in the above form, the user will receive a verification e- mail and, by clicking on the link contained in it, can complete the registration process and access the summary of the MyElesa account (hereinafter, "Registered User").

1.4 Authentication for the Site is done online using a username and password chosen by the Registered User. The Registered User can modify the password or create/request a new one in the case of loss, following the procedures indicated in the login section of the Site.

1.5 Registration with the Site is free of charge and there are no costs for the Registered User, except those for connection to the Internet, which shall be the user’s responsibility and at its expense.

1.6 The Registered User can at any time request the cancellation/deactivation of their MyElesa account, it being understood that this will result in the impossibility of accessing the services of the Site that are available after registration.

2. OTHER TERMS THAT MAY APPLY TO YOU

2.1 These Terms and Conditions refer to the following additional terms, which also apply to the use of the Site:

2.2 If the User purchases products from the Site, our Terms and Conditions of Sale, available at https://www.elesa.com/en/elesab2bstoreuk/genereal-sales-condition, will apply to the sales.

3. CHANGES TO THESE TERMS AND CONDITIONS

3.1 The Company may amend these Terms and Conditions from time to time. Every time the User wishes to use the Site, he/she shall check these terms to ensure the understanding of the terms that apply at that time.

4. CHANGES TO THE SITE

4.1 The Company may update and change the Site from time to time to reflect changes to products, users' needs and business priorities. The Company will try to give the User reasonable notice of any major changes.

5. AVAILABILITY OF THE SITE

5.1 The Company does not guarantee that the Site, or any content on it, will always be available or be uninterrupted. The Company shall not be liable for the malfunctioning of the Site, delays, suspension and/or interruption in the provision of services of the Site that are available after registration caused by but not limited to: congestion, delays and/or overload of the systems or the processors that manage telematic traffic; tampering or unlawful intervention by third parties with the services or equipment used by the Site or with the connection equipment within to the user’s availability; force majeure or unforeseeable events, as an example but not limited to the same, fire, explosions, earthquakes, volcanic eruptions, landslides, cyclones, storms, floods, hurricanes, avalanches, war, popular uprisings, riots, strikes and any other unforeseeable and exceptional cause that prevents the service from being provided. In such exceptional cases, the Company will make every effort so that the above services are restored as quickly as possible.

5.2 Without prejudice to what is set forth above, the Company also reserves the right to modify, suspend or discontinue access to the services of the Site available after registration, impose limits on specific characteristics and/or features, restrict access to all or part of it, without advance notice or liability, at any time and at its exclusive discretion. Access to the Site can be suspended or discontinued for maintenance purposes, at the Company’s sole discretion, which will strive to restore access and the use of the above services in the shortest time possible to reduce to the minimum the risk of inconveniences of any kind, without this resulting in any liability on its behalf.

5.3 If the User experiences any problems using the services, he can contact the Company at the address: sales@elesa.co.uk. The Company will strive to respond as soon as possible, however it cannot guarantee a response within a predetermined time.

5.4 The Company may transfer its rights and obligations under these Terms and Conditions to another organisation. The Company will always tell Users in writing if this happens and will ensure that the transfer will not affect a User’s rights under them.

5.5 Although the Company makes reasonable efforts to update the information on the Site, the Company makes no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up to date.

6. ACCOUNT SECURITY AND WARRANTIES OF THE USER

6.1 The User is responsible for ensuring that all persons who access the Site through its internet connection are aware of these Terms and Conditions and other applicable terms, and that they comply with them.

6.2 The Registered User warrants that the data provided during the registration phase are correct and accurate, and the Registered User shall notify the Company of any changes to the information provided at registration. The Registered User acknowledges that the failure to provide accurate and correct registration data will prevent recovery of the password or the cancellation of the account.

6.3 In order to ensure the security of your MyElesa account, the Registered User undertakes:

  • to use the services provided by the Site in conformity with applicable law, respecting the rights of the Company, and complying with these Terms and Conditions and any technical instructions that the Company may provide;
  • not to create more than one MyElesa personal account or a second account without authorization from the Company, even if the original account is disabled;
  • to ensure that the services are used only by parties authorized by, undertaking all responsibility in such regard;
  • to keep and use any credentials that may be assigned for access to the Site with the utmost confidentiality and diligence, not disclosing, directly or indirectly, the password and/or login, thereby preventing them from being used improperly or wrongfully and, in any case, remaining responsible for their use, acknowledging that knowledge by third parties of such authentication credentials might allow the latter wrongful use of the Registered User’s account, who undertakes all related responsibility;
  • to promptly notify the Company of any unauthorized use of the password/s and/or login to the Site and any other improper or wrongful use of which they may become aware, for example but not limited to the same, in the case of theft, loss or being misplaced;
  • to promptly notify the Company if the User knows or suspects that anyone other than the User knows their user identification code or password, in which case the User must promptly notify the Company at sales@elesa.co.uk.
  • not to engage in any action that could compromise the security of the systems and/or equipment to which they have access through the Site;
  • not to use the MyElesa account to obtain commercial profits;
  • not to decipher, disassemble, decompile, decode or otherwise attempt to extract secret and/or confidential codes, algorithms or ideas of any part of the Site, modify, translate or create derivative works from any part of it;
  • to ensure that their contact information is always correct and up to date; and
  • not to transfer their account to third parties.

6.4 The Company have the right to disable any User identification code or password, whether chosen by the User or allocated by the Company, at any time, if in the Company’s reasonable opinion the User has failed to comply with any of the provisions of these Terms and Conditions.

6.5 The Registered User declares and guarantees that they will fulfill the obligations set forth in these Terms and Conditions, assuming full responsibility for any violation of applicable law on the protection of personal data and third party rights, with the express indemnity in favour of the Company and its affiliates, employees, directors, assignees or successors and/or predecessors, from all consequences, liability, actions, claims and expenses (including legal fees) as well as direct and indirect damages that may arise or derive, in any way, from the Registered User’s improper use of their account or breach of these Terms and Conditions.

6.6 The User acknowledges and agrees that the Site may allow connection to other Internet sites or resources and that other sites and resources might contain links to the Site. Such websites and/or the products and services associated with them are not under the control of the Company and the Registered User acknowledges that the Company is not responsible for the content, accuracy, features, opportunity, legality or any other aspect of such sites or resources.

6.7 The insertion of any link on the Site does not imply any relationship of association, profit sharing, collaboration, or partnership with their operators, nor any type of recognition by the Company.

7. SUSPENSION AND CANCELLATION OF THE MYELESA ACCOUNT

7.1 Without prejudice to its right to the compensation of damages, the Company can refuse, block, suspend and/or cancel the account of a Registered User, at any time, at its discretion and with immediate effect, even without advance notice, in the following cases:

  • if it finds any irregularities in the registration, including after reporting;
  • the breach of even one of the obligations set forth in these Terms and Conditions;
  • if it finds in the conduct of any Registered User the improper or prohibited use of the Site in accordance with these Terms and Conditions;
  • upon the order of a competent judicial or governmental authority.

7.2 No failure or delay by the Company to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 All intellectual property rights related to the software, infrastructures, technological solutions, designs, content, projects or works of any kind used in the context of the Site and/or to carry out sales contracts, including the Company’s distinctive marks, shall remain the sole property of the Company and/or of its legitimate licensors. All such rights are reserved and the User undertakes to comply with such rights and guarantees that they will not infringe the intellectual property rights of the Company and/or of third parties.

8.2 Nothing governed by these Terms and Conditions or stipulated in the sales contract shall be construed in such a way as to grant the User any right or interest with respect to the commercial trademarks, products, designs, patents, domain names, trade name, banner or slogan or any other distinctive mark or any intellectual property rights of the Company. The User is prohibited from making any use of them.

8.3 Without prejudice to what is set forth above, the Company grants the User a non-exclusive, non-transferable license to reproduce and download the technical drawings of the products that the Company makes available on the Site for the sole purposes of the User’s internal, non-commercial use functional to using the products, and is prohibited from redrawing them and/or making any disclosure, using any means, and/or from any commercial form of exploitation and/or use. The User must not modify copies of any technical drawings in any way, and must not use any illustrations or any graphics separately from any accompanying text. The Company’s status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged.

8.4 The User must not use any part of the content on the Site for commercial purposes without obtaining a licence to do so from the Company. If the User prints, copies or downloads any part of the Site in breach of these Terms and Conditions, the User’s right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

9. THE COMPANY IS NOT RESPONSIBLE FOR VIRUSES

9.1 The Company does not guarantee that the Site will be secure or free from bugs or viruses.

9.2 The User is responsible for configuring its information technology, computer programmes and platform to access the Site. The User shall use its own virus protection software.

9.3 The User must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. The User must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. The User must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, the User commits a criminal offence under the Computer Misuse Act 1990. The Company will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing the User’s identity to them. In the event of such a breach, the User’s right to use the Site will cease immediately.

10. RULES ABOUT LINKING TO THE SITE

10.1 The User must not link to this Site, without obtaining the prior written consent of the Company. If permission is granted by the Company, the User must not:

  • establish a link in such a way as to suggest any form of association, approval or endorsement; or
  • establish a link to the Site in any website that is not owned by the User.

10.2 The Company reserves the right to withdraw linking permission without notice.

11. IF THE USER IS A BUSINESS

11.1 The Company excludes all implied conditions, warranties, representations or other terms that may apply to the Site or any content on it.

11.2 The Company will not be liable to the User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, the Site; or
  • use of or reliance on any content displayed on the Site.

11.3 In particular, the Company will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

12. IF THE USER IS A CONSUMER

12.1 The Company shall have no liability to the User for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13. LAWS APPLICABLE TO THESE TERMS AND CONDITIONS

13.1 If the User is a consumer, these Terms and Conditions, their subject matter and their formation are governed by English law. Both parties agree to the exclusive jurisdiction of the courts of England and Wales except that if the User is a resident of Northern Ireland they may also bring proceedings in Northern Ireland, and if the User is a resident of Scotland, they may also bring proceedings in Scotland.

13.2 If the User is a business, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. Both parties agree to the exclusive jurisdiction of the courts of England and Wales.

OUR TRADE MARKS ARE REGISTERED

All the designs and models contained in the Product Catalogues are original and therefore property of ELESA. Furthermore, the products are distinguished by the following trademarks: ELESA, ELESA-CLAYTON, ERGOSTYLE, ooooo (trademark consisting of five dots) and FOLD-O-MATIC. It is not permitted to use them without the Company’s written approval.