Terms And Conditions
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS.
NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE THAT CANNOT BE ALTERED BY THESE TERMS. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
- Overview; Changes.
- General. The Website allows you to purchase spare parts for Bosch power tools, including, without limitation, Bosch®-branded power tools and measuring tools and Dremel®-branded power tools (such spare parts, "Products", and the services provided relating to such purchases, the "Services").
- Changes. These Terms may change from time to time. When accessing the Website or through other means of notice as provided in Notices, you may be invited to review and accept material changes to these Terms. Your continued access to and use of the Website, after we make changes, is deemed to be acceptance of those changes, whether or not you have actually reviewed them. Bosch is not responsible for notifying you of changes to these Terms. Please check these Terms periodically for updates.
- Legal Compliance.
- Third Party Website Links and Referrals.
- Disclosure of Information.
By submitting any Submission, you represent and warrant that:
- You own all rights in your Submissions (including, without limitation, all rights to the reproduction and display of your Submissions) or, alternatively, you have acquired all necessary rights in your Submissions to enable you to grant to us the rights in your Submissions as described in these Terms;
- You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your Submissions;
- Your Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- You voluntarily agree to waive all "moral rights", "author’s rights" or similar rights in any jurisdiction that you may have in your Submission;
- Any information contained in your Submission is not known by you to be false, inaccurate, or misleading;
- Your Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- Your Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
- You were not and will not be compensated or granted any consideration by any third party for submitting your Submission;
- Your Submission does not incorporate materials from a third-party website, or addresses, e-mail addresses, contact information, or phone numbers (other than your own);
- Your Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- Your Submission does not contain any information that is confidential, proprietary, or personal to you or to any other person; and
- Your Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
By submitting a Submission, you grant to Bosch and its affiliates an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
- Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
- Use (and permit others to use) your Submission in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your Submission or any modification thereto, in whole or in part, into any technology, product, or service);
- Display advertisements in connection with your Submissions and to use your Submissions for advertising and promotional purposes.
- We may, but are not obligated to, pre-screen Submissions or monitor any area of the Website through which Submissions may be submitted. We are not required to host, display, or distribute any Submissions on or through the Website and may remove at any time or refuse any Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any Submissions. Further, you agree that we may freely disclose your Submission to any third party without restriction on use or disclosure
- User Transactions
- If you wish to purchase any Products through the Website (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Bosch the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
- To engage in a Transaction, you must be at least you must be at least 18 years old (or age of majority if higher in your place of residence) and you must provide truthful and accurate information about yourself and/or the company you are acting on behalf of. Do not try to impersonate anyone else when you create a Transaction.
- Bosch invierà, a seguito della ricezione dell’Ordine e del relativo pagamento, un'e-mail al Cliente di conferma della ricezione dell'Ordine e del pagamento (nel seguito anche solo “Conferma”). Il Contratto di acquisto si perfeziona con l’invio di tale e-mail di conferma.
- Bosch reserves the right, including if Bosch becomes aware that you are under the age of eighteen (18) (or age of majority if higher in your place of residence), to terminate your Transaction, at any time. Bosch does not sell Products or provide the Services to children and does not permit children to engage in Transactions on this Website. Bosch sells Products and provides the Services to adults, who can purchase items with a credit card or other payment method. If you are under the age of eighteen (18)(or age of majority if higher in your place of residence), you may not initiate a Transaction and you may use the Website only with the involvement of a parent or guardian.
- The prices displayed on the Website are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
- For Products purchased from the Website using a payment card, an authorization may be placed on your payment card when you place an order. You will be charged for an item (and your purchase of such item will be complete) when the item in your order is shipped. Partial shipment or partial cancellation of orders may occur.
- All descriptions, images, references, features, content, specifications, Products and prices of Products and described or depicted on the Website are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any Products on the Website does not imply or warrant that these Products will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Website. By placing an order, you represent that the Products ordered will be used only in a lawful manner. Bosch reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any Product; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
- Bosch or our agents may call or text by telephone regarding your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.
- Limitations on Quantity
Bosch does not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, we reserve the right to limit quantities on orders placed by the same person or entity, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We will notify you if such limits are applied. Bosch reserves the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.
Bosch strives to display as accurately as possible the colors of the Products shown on the Website; however, Bosch cannot and does not guarantee that your monitor’s display of any color will be accurate.
- Availability, Errors & Inaccuracies
- Bosch strives to display as accurately as possible the colors of the Products shown on the Website; however, Bosch cannot and does not guarantee that your monitor’s display of any color will be accurate.
- Bosch’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Bosch makes a conscientious effort to describe and display its Products accurately on the Website. Despite these efforts, a small number of items on the Website may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Website and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services. Bosch reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience. If we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.
- For clarification, orders may be limited or cancelled at any time including after receipt of a confirmation or shipping email. We also may require additional information and/or verification of information prior to the acceptance and/or shipment of any order.
When an order is placed for delivery, it will be shipped to the address designated by you, as long as such shipping address is compliant with the shipping restrictions contained on the Website. All products purchased through the Website are made pursuant to a shipment contract. The risk of loss and title for such titles pass to you upon Bosch’s delivery of the products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Shipping charges may exceed actual shipping costs.
- International Shipping
The Website is solely for the promotion of our Products in the fifty United States and the District of Columbia (the "Territory"). Unfortunately, we do not deliver to addresses outside the Territory. The availability of goods, the delivery times and charges may vary depending upon the destination. If you are located in a jurisdiction outside of the Territory and wish to acquire Products, please contact your local Bosch dealer for more information.
Products can be returned for refund of part price by returning the part freight prepaid to: Bosch Power Tools, 173 Lawrence 428 Dock #3 Walnut Ridge, AR 72476. Products must be returned unused and in original packaging. Returns on electrical Products cannot be accepted. Credit will be issued to the credit card used for the applicable Transaction. Please include a copy of your packing slip/invoice in your return to expedite reimbursement.
- Ownership and Intellectual Property.
- Bosch Property. You acknowledge that all intellectual property rights, including without limitation copyrights, patents, and trademarks in the Website and the Services are owned by Bosch or its affiliates or our licensors. Your possession, access, and use of the Website and the Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Bosch and its affiliates and licensors reserve all rights not granted in these Terms. You may not use the content of the Website and/or the Services in any other public or commercial way, nor may you copy or incorporate any of the content of the Website into any other work, unless written authorization is provided to you by Bosch.
- Trademarks. Unless otherwise specified, all trademarks on the Website, as well as all other Bosch websites, are protected under trademark law. This applies to all Bosch trademarks, service marks, typefaces, company designs, logos, slogans, trade dress and emblems (collectively, "Marks"). You agree not to copy, use or otherwise infringe upon these Marks and design elements. Bosch websites may also contain other product, service and/or company names which may be the trademarks of their respective owners.
- You may not reproduce, sell, publish, distribute, modify, display, or make any part of this Website or the Marks available to any third party, including as part of another website whether by hyperlink framing on the internet or otherwise without the express written consent of Bosch. Bosch will not be held liable in any way to you or to any third party or to any other person who may receive content from the Website for any delays, inaccuracies, errors or omissions in such content or in the transmission or failure to transmit all or any part thereof or for any damages arising from any of the foregoing.
- This Website and its content may not be used to construct a database of any kind nor may the same be stored (in whole or part) in databases for access by you or any third party, or to distribute any database containing all or a part of this Website or the content.
- Other intellectual property rights. Please note that any content, product or processor technology described in the materials on this Website may be the subject of other intellectual property rights reserved by Bosch and are not licensed hereunder. Trademarks of third parties are identified wherever possible and Bosch acknowledges their rights.
You agree to defend, indemnify and hold Bosch and its licensors and suppliers harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of the Website, (ii) your violation of these Terms, and (iii) your violation of any law or the rights of any third party. Bosch reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Bosch and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Bosch’s prior written consent. Bosch will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- Warranties, Disclaimers and Limitation of Liability.
- Disclaimers of Warranties.
- BOSCH DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE, INCLUDING ALL SERVICES, ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" AND BOSCH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY AND ALL WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SATISFACTORY QUALITY, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT OR OTHER WARRANTY ARISING OUT OF THE COURSE OF ORDINARY PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE REGARDING OR RELATING TO MATTERS COVERED UNDER THESE TERMS, INCLUDING WITH RESPECT TO THE WEBSITE.
- Bosch reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website or the Services, or any portion of the Website, or the Services, for any reason; (2) to modify or change the Website or the Services, or any portion of the Site or the Services, and any applicable policies or terms; and (3) to interrupt the operation of the Website or the Services, or any portion of the Website or the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
- Limitations on Liability.
- IN NO EVENT WILL BOSCH BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL LOSSES, OR ANY LOSSES IN CONNECTION WITH (i) LOST CONTENT (INCLUDING DUE TO UNAUTHORIZED DISCLOSURE, ACCESS TO, OR PROCESSING OF, PERSONAL DATA); (ii) LOST PROFITS, LOSS OF GOODWILL OR LOSS OF BUSINESS; (iii) LACK OF SECURITY, INVASION OR LACK OF PRIVACY, VIOLATION OF THE RIGHT OF PUBLICITY, DEFAMATION; (iv) ANY PERSONAL OR BODILY INJURY, DEATH, PROPERTY DAMAGE; (v) ANY INTERRUPTION, DELAY, FAILURE, DISRUPTION, DOWNTIME, LIMITED ACCESS TO, UNAVAILABILITY, UNRELIABILITY OR NON-PERFORMANCE OF THE WEBSITE OR THE SERVICES; OR (vi) ANY THIRD PARTY SERVICES OR CONTENT.
- BOSCH’S MAXIMUM AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS, THE WEBSITE, THE SERVICES, REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO US $1000.00.
- Tools, products, materials, techniques, building codes and local regulations change; therefore, Bosch assumes no liability for omissions, errors or the outcome of any project. You must always exercise reasonable caution, follow current codes and regulations that may apply. You are urged to consult with a licensed professional if in doubt about any procedures.
- Disclaimers of Warranties.
- Copyright Claims and Designated Agent.
- It is the policy of Bosch to respond to claims of intellectual property infringement. Bosch will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512c2 DMCA and other applicable intellectual property laws.
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider‘s Designated Agent. Notification must be submitted to the following Designated Agent for the Website:
Digital Marketing Manager
Robert Bosch Tool Corporation
1800 West Central Road
Mount Prospect, IL 60056
Phone: (224) 232-2000
To be effective, the notification must be written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
- A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Designated Agent:
If a counter-notice is received by the Copyright Agent, Bosch may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or you, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Bosch's sole discretion.
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of any federal court in Michigan, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- Governing Law and Exclusive Venue.
These Terms and all disputes between you and Bosch arising out of or relating to the Website or the Services shall be governed by and construed in accordance with the laws of the State of Michigan, except for its choice of law rules; the United Nations Convention on the International Sale of Goods shall not apply. You and Robert Bosch Tool Corporation agree to the exclusive jurisdiction of the state or federal courts of Michigan, with venue in the County of Oakland for state court and the Eastern District of Michigan for federal court, for resolving any and all disputes arising out of or relating to these Terms or any aspect of the relationship between the Parties.
- No Assignment.
These Terms, and all rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by Bosch without restriction. Any attempted assignment by you will be null and void.
- Force Majeure.
Any delay in the availability of the Website or non-performance of the Website shall not be deemed a breach of these Terms if such delay or non-performance is caused by a fire, earthquake, flood, war, terrorist act, government act, failure of common carriers (including Internet service providers, labor strike or walk-out, act of God, or any other event beyond the reasonable control of Bosch or its service providers.
- Contact Us
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at 1-800-346-4103 or email us at email@example.com.
- © Copyright 2022 Robert Bosch Tool Corporation
All Rights Reserved.