General terms of use for the customer portal Groz-Beckert Sales & Services Vietnam Company Limited (GBVS)
Revised: May 2019

I. Scope

  1. These terms apply to the use of the Groz-Beckert Sales & Services Vietnam Company Limited („GBVS“) e-commerce customer portal („Portal“). The use of the Portal is subject to the following conditions.
  2. The Portal permits registered users to order GBVS products. Users of the Portal must register, and consent to these terms of use on its initial registration, prior to account activation by GBVS. GBVS may activate an account at its sole discretion. GBVS reserves the right to verify the information provided by the users before activation.

II. Authorized users and registration

  1. If you are a business user, one account is created per business. Employees and other authorized representatives of the business may register as users by submitting an application for registration with all requested, correct information into the relevant registration form.
  2. The business user must declare that the business has authorized him to register for the customer portal and to place orders on behalf and on account of the business. The user must also declare to place orders only on behalf and on account of the business.
  3. After registration by GBVS the user is provided with a user name and a password.
  4. The user is solely responsible for the security of his password. The password must be kept secret. The user must not pass it on to any third party. The user is liable for orders or other activities his login data was used for. If the password becomes known to any unauthorized persons, the user is obliged to inform GBVS and change the password immediately. GBVS shall not be liable for any loss or damage arising from any activities carried out by any unauthorized person.
  5. If further users are to be authorized for the same business on the Portal, separate user names and passwords must be applied for.
  6. If there is reason to suspect that third parties have knowledge of the user‘s password or in case of suspected misuse, GBVS is entitled to block the user‘s password until the situation has been clarified.
  7. The user must keep their information updated, and immediately inform GBVS if any information provided to GBVS is no longer accurate.
  8. If incorrect information is given at the registration or if the user does not inform GBVS of changes, the user may be excluded from the Portal with immediate effect.
  9. In relation to business users, the relevant user and the business must inform GBVS immediately if a user is no longer authorized to represent the business.
  10. The user may demand the cancellation of their registration in writing at any time. This will not affect the orders formerly placed by the user.

III. Use of the customer portal

  1. GBVS will never ask a user for their login data or password.
  2. If a user account remains inactive for six months, GBVS may block the relevant account. Users must contact GBVS to unblock the account.
  3. If a user account remains inactive for more than one year, the user‘s account may be cancelled by GBVS.

IV. Conclusion of contract

  1. The presentation of a product in the Portal is not a binding offer by GBVS.
  2. To purchase a product on the Portal, the user must place an order. Before placing the order, the user is provided with an overview of his order and has the possibility to correct information or input errors. The user must then click the „order“ button on the Portal. The user will be sent an automatic email confirming receipt of the order from GBVS.
  3. Following the automated email, the user will be sent a Sale and Purchase Contract from GBVS (after an availability check of the product ordered by the user), which sets out the terms of the contract between the parties ("Sale and Purchase Contract"). GBVS may send the Sale and Purchase Contract in writing, by fax or by e-mail. Once the Sale and Purchase Contract is sent, the contract between the user and GBVS is concluded.
  4. The contract is exclusively subject to the delivery and payment terms of GBVS that can be read and downloaded here.
  5. Indications on the delivery time made in the Portal only refer to the availability of the product at the moment of the order, and are not binding on GBVS. Please refer to the delivery and payment terms for more information.
  6. The user may access orders, sale and purchase contracts, and invoices under "My Account" in the Portal.
  7. If the customer fails to pay invoices due to GBVS, GBVS can withhold the goods that GBVS is due to provide to the user.

V. Hyperlinks to websites of third parties

  1. The Portal may include hyperlinks to external websites. GBVS does not assume any responsibility for the content of these hyperlinks, and is in no way affiliated with, or makes any representation of the hyperlink.

VI. Liability

  1. While every effort has been made to ensure that the product descriptions are accurate, GBVS does not warrant that the product descriptions or other content of the Portal is accurate, complete, reliable and error free.
  2. Product illustrations are not true to scale but serve only for visualization and, therefore, do not correspond to the originals.
  3. Due to technical reasons, GBVS cannot guarantee an uninterrupted availability of the Portal. In addition, GBVS reserves the right to partially suspend or discontinue the Portal completely.
  4. The portal is provided by GBVS on an „as is“ and „as available basis“. GBVS makes no representations or warranties of any kind, express or implied, as to the operation of the portal or the content of the portal. You expressly agree that your use of the portal is at your own risk.
  5. To the extent permitted by law, GBVS disclaims all warranties and conditions, express or implied, including but not limited to implied warranties or conditions of satisfactory quality, of merchantability and fitness for a particular purpose.
  6. GBVS does not warrant that the portal, its servers, or emails sent from GBVS are free of viruses or other harmful components.
  7. To the extent permitted by law, GBVS will not be liable for any damages of any kind arising out of, or related to the use of the portal, or the use of the products, including but not limited to direct, indirect, punitive and consequential damages, loss of business and reputation, loss of data, or loss of revenue and profit.
  8. In no event will GBVS´s liability exceed the amount paid by you for the product.

VII. Electronic Communications

  1. When you visit the Portal or send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, or through the Portal. You agree that all invoices, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

VIII. Copyrights and confidentiality

  1. The content included on the Portal is protected by copyright. All rights are reserved, especially the right to copy and distribute as well as to translate. You must not, without the prior express written consent of GBVS, reproduce or save by any means, edit, copy or distribute any part of the Portal in any form by whatever process.
  2. For the avoidance of doubt, you may print these terms of use, orders, sale and purchase contracts, fact sheets or other documents required for your own records.
  3. Part sheets and documents including prices that cannot be assigned to a contract must be treated as confidential. They must not be published nor passed on nor made accessible to third parties in any way.

IX. Disputes

  1. Any dispute arising out of, or in connection with these terms of use, including any question regarding the existence, validity or termination of the contract between the user and GBVS, shall be referred to and finally resolved by arbitration at the Vietnam International Arbitration Centre at the Vietnam Chamber of Commerce and Industry in accordance with its Rules of Arbitration for the time being in force, which rules are deemed to be incorporated in this clause. The seat of the arbitration shall be in Vietnam.

X. Other

  1. All personal data collected by GBVS is subject to the privacy policy, which forms a binding part of these terms of use and is incorporated by reference here.
  2. Additional/subsidiary agreements must be in writing. This applies to changes to the user‘s registration form, and any other form available on the Portal.
  3. GBVS is entitled to change these terms of use and the privacy policy at its sole discretion. GBVS will inform the user about updated new terms of use or privacy policy on logging in and will ask for the user‘s consent to the change.
  4. The legal relationship between the user and GBVS resulting from or in connection with the use of the Portal by the user is subject to the laws of the Socialist Republic of Vietnam.

XI. Contact Information

  1. GBVS contact details are as follows:

    Groz-Beckert Sales & Services Vietnam Company Limited
    1st Floor, A8 Tower Office Building, No. 55, Truong Quoc Dung Street, Ward 10,
    Phu Nhuan District, Ho Chi Minh City, Vietnam

    Phone: +84 87305 5201
    Fax: +84 87305 5207
    Email: contact_gbvs@groz-beckert.com