Terms of use

Article 1 - Definitions

For the purpose of these terms and conditions the following terms have the following meanings:

“BORG” means BORG Automotive A/S, having its registered office in Denmark at Bergsøesvej 12, 8600 Silkeborg.
“Web shop” means lucasee.com, www.elstock.com, www.dri.dk and www.tmi-reman.com. The Web shop also comprises, without limitation, software, programs, tools, databases, operating systems, documentation, technical information and all other elements and services that relate thereto, their updates and new versions that may be developed or added by BORG.
“User” means any legal entities on whose behalf a natural person uses the Web shop.
“User Account” means the digital identification created by BORG to use the Web shop.
“Content” means any and all data and information (including, without limitation) all text, data, sound, video, or image files, and software) available on and/or through the Web shop.
“Device” means any physical hardware system (for example a smartphone, tablet, pc or laptop) by means of which the Web shop can be accessed and used.
“Terms and Conditions” means the terms and conditions regarding the use of the Web shop, as specified in this document.
“GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
“Privacy Policy” means BORG’s terms and conditions in relation to personal data, in accordance with the GDPR, that are available here.
The terms “Data subject”, “Processing”, “Processor”, and “Supervisory Authority” as used herein have the meanings given in the GDPR.

Article 2 - Object and applicability of the Terms and Conditions

The purpose of these Terms and Conditions is to set out the rights and obligations the User and BORG have in relation to the Web shop and the use thereof, in order to ensure the integrity, security, reliability and privacy of the Web shop and the Content available through the Web shop. The User is responsible for continual compliance of these Terms and Conditions.

By using the Web shop, the User unconditionally accepts these Terms and Conditions as being sole and exclusive terms and conditions applicable to any use of the Web shop, replacing and/or prevailing over any other terms and conditions, even if they claim to apply solely and exclusively. Exemptions to these conditions are only valid if they have been accepted in writing by BORG, for example because they are the subject of a specific service agreement between BORG and the customer where the User is employed. In this case, these Terms and Conditions remain applicable to all the points for which there is not express exemption. These Terms and Conditions apply to all users of the Web shop.

By agreeing to these Terms and Conditions, the User declares that he/she is at least of legal age.

BORG reserves the right to update, change or replace any part of these Terms and Conditions at any time and at its sole discretion. The modified version of these Terms and Conditions will apply from their publication and it is the User’s responsibility to regularly check the current version of these Terms and Conditions. In case these Terms and Conditions are updated, the User unconditionally accepts the updated version of these Terms and Conditions as of his/her first use of the Web shop following such update. If the User does not want to accept these Terms and Conditions or any update or modification thereof, he/she is required to discontinue the use the Web shop and to contact BORG to have the user deleted.

These Terms and Conditions provide terms for the Web shop that are currently available. For earlier versions of these Terms and Conditions, the User may contact BORG (see contact details below).

Article 3 - The Web shop

BORG intends to continuously develop the Web shop, without being obliged thereto. BORG may make changes to the Web shop from time to time, at its sole discretion. BORG reserves the right to correct any errors, inaccuracies or omissions at any time without prior notice. BORG undertakes no obligation to update, amend or clarify information on the Web shop, except as required by law.

BORG reserves the right to refuse access to and/or the use of the Web shop to anyone for any reason at any time. BORG reserves the right to suspend or discontinue the Web shop at any time, giving at least 6 months’ notice to the Users.

Article 4 - Functioning and functionalities of the Web shop

The Web shop makes it possible to order units, search for technical information of units, see “crosses” and various other functions. The Web shop also provides options to see several of our general information e.g. “core acceptance criteria” and “warranty and product liability”.

Article 5 - Availability of the Web shop

Without providing any guarantee, BORG intends to make the Web shop available 24/7, except in cases of force majeure, updates, malfunctions, maintenance interventions etc. required for the proper functioning of the Web shop. These cases shall be limited as much as possible, without any right to indemnification. Maintenance interventions may be performed at any moment and without prior notification to the User, without any right to indemnification.

BORG does not guarantee, represent or warrant that the use of the Web shop will be uninterrupted, timely, secure or error-free. BORG does not warrant that the Content or results that may be obtained from the use of the Web shop will be accurate or reliable.

Article 6 - User Account

To be able to access the Web shop and/or use the/certain functionalities thereof, the User will be required to have a User Account. The potential user will have to contact BORG to have the user account created. All users are linked to one of BORGs customers, and the customer will have to accept that the user is created. The User will be required to provide the following information: Name, Email address and the company where employed. Any other information will not be obligatory, and the User will not be required to provide such information in order to have the User Account created.

The User is required to provide information that is complete, exact, up-to-date and truthful and agrees to promptly update his/her account and other information if necessary. The update is done by contacting BORG. In particular, the User may not submit a false e-mail address or pretend to be someone other than himself/herself.

When creating a User Account, an email will be sent to the email address provided with a link to setup a password.

If the User already has a User Account, the User can log in using an e-mail address and password. The User Account is unique, and every User may only have 1 (one) User Account.

The User undertakes to:

ensure that he/she chooses a password of sufficient complexity and length to maintain the security of the information available in the Web shop;
use the Web shop only for lawful purposes, and in a manner, which does not infringe the rights of, or restrict or inhibit the use of the Web shop by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may deny the contents of the Web shop for lawful use;
change passwords if it is suspected that someone else has come to know it; or
not copy, store in any medium (including in any other digital format), distribute, send, re-send, broadcast, modify, or show in public any part of the Web shop or of the Content without the prior written permission of BORG.
Not use external applications that automatically download Content from the Web shop, by applying any data mining robots ("bots"), hardware or software modules that add a specific feature or service by plugging into an existing larger system ("plug-ins"), or other data gathering and extraction tools, scripts, applications, or methods on the Web shop
Not try to gain unauthorized access to or disrupt any Content, service, device, data, account or network;
Not decompile, reverse engineer, modify or disassemble any of the software in or associated with the Web shop;
Not log into a server or account which the User is not authorized to access;
Not attempt to probe, scan or test the vulnerability of a system or to breach security or authentication measures
Not in a way that could harm the Web shop, cause technical disturbances to the Web shop or impair anyone else’s use of it, including, without limitation, by introducing viruses, worms or other destructive elements or by means of overloading, “flooding”, “mailbombing”, or “crashing”; or

Article 7 - Consequences in case of violations

Violations of these Terms and Conditions may result in the exclusion of a User, which may imply the closing of the User Account. BORG will only take such measures to the extent reasonably necessary. Unless BORG believes an immediate exclusion of a User and/or closing of the User Account is required, BORG will provide reasonable notice before applying the measures.

Article 8 - Content

BORG reserves the right to modify the Content at any time. The User acknowledges that intellectual property rights, regardless of their nature, relating to the Web shop and the Content are and remain the property of BORG, unless stated otherwise.

The Web shop may contain hyperlinks to websites of third parties and BORG may make Content of third parties available to the User through the Web shop. BORG assumes no responsibility or liability whatsoever in this regard. Any website links are provided as Internet navigation tools for informational purposes only and not as an endorsement by BORG of the contents of such web sites, which are not examined nor evaluated. BORG does not adopt, nor warrant the accuracy of, the content of any linked website and undertakes no responsibility to update their content. Therefore, the User expressly acknowledges that he/she is solely responsible for any and all use of such hyperlinks.

Article 9 - Privacy and Data Protection

Our Privacy Policy is available here. This Privacy Policy also applies to any and all use of the Web shop, complementing these Terms and Conditions, which the User accepts unconditionally. In the event of a conflict between a provision of these Terms and Conditions and the Privacy Policy, the provision of these Terms and Conditions shall take precedence.

Article 10 - Miscellaneous provisions

These Terms and Conditions and, in general, any (contractual) relationship and/or claim related to the use of the Web shop is subject to the laws of Denmark.

Unless otherwise provided by mandatory legal dispositions, in case no settlement can be reached, any dispute that may arise between BORG and a User in relation to the Web shop and/or these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Aarhus, Denmark.

Contact

In case of questions and/or remarks regarding the Web shop and/or these Terms and Conditions, the User can always contact BORG.

You can contact us at the following address: BORG Automotive A/S, Bergsøesvej 12, 8600 Silkeborg or via e-mail at info@borgautomotive.com.