Oilon Webshop – Conditions of Use, Oilon Oy, September 30, 2021
1. SCOPE AND PURPOSE
These Conditions of Use shall apply to Oilon Oy’s (“Oilon”) online store Oilon Webshop (“Oilon Webshop”). The Oilon Webshop services constitute part of Oilon’s online services. Besides these Conditions of Use, the Oilon Webshop services are subject to the Conditions of Use of the Oilon Group website.
2. RIGHT OF USE
The customer may browse the pages in the Oilon Webshop without obtaining a username for the webshop, in which case the amount of information displayed will be restricted. Such use shall be governed Conditions of Use for Oilon Group’s website referred to hereinabove. To be able to use the business services provided through Oilon Webshop, the customer will need to set up a billing account with Oilon. Oilon may, at their discretion, refuse to grant rights of use to the customer or any customer employees who use Oilon Webshop services on the customer’s behalf or any other person (“User”, “Users”) and withdraw, restrict or alter the provided rights of use on reasonable grounds or otherwise pursuant to Oilon’s currently-valid Conditions for customer accounts.
A representative of the customer shall, on the customer’s behalf, complete a customer ID order form in the Oilon Webshop service and select a username and password for the customer. The customer shall be responsible for the accuracy of the information provided by their representative. The customer’s representative must be legally competent and must have reached the age of majority, and they must be registered as having the right to represent the customer. If it is established that the customer’s representative does not have the right to represent the customer or otherwise place an order for an user ID on the customer’s behalf or make alterations or cancellations thereto, Oilon may refuse any such request. To be able sign up and use the services in Oilon Webshop, the customer’s representative will need a working e-mail account.
4. USERNAME AND PASSWORD
Oilon will notify the customer for a successful registration via e-mail. The customer shall be responsible for keeping any usernames and passwords they received confidential as well as for any orders placed using such access credentials. The customer shall be exclusively responsible and liable for ensuring that the usernames and passwords required for placing orders are solely used by users who are authorized to place orders on the customer’s behalf. The customer shall be responsible for cancelling any usernames and passwords in case the relevant user no longer has the right to place orders, for example, due to a change in the user’s role or termination of their employment.
5. USE OF SERVICE
The customer shall be responsible for using the Oilon Webshop services in accordance with these terms and conditions, any applicable laws, and rules and regulations by authorities. Oilon reserves the right to make changes to the service at any time. Where possible, Oilon shall indicate any restrictions concerning the availability of individual products. However, Oilon does not guarantee the availability of all products. Oilon takes commercially reasonable efforts to ensure the accuracy of information provided in the Oilon Webshop services (including product information and price information); however, Oilon does not guarantee that the information would be up to date or free from inaccuracies in all respects. If the price information for a product ordered from an Oilon Webshop service proves to be incorrect or there are errors in the product information for ordered products and such errors pose more than a minor inconvenience for the customer, the customer shall have the right to place a complaint for the product defect pursuant to Oilon’s currently-valid sales conditions. Unless otherwise agreed between the parties, in such case, the customer shall have the right to cancel their order by notifying Oilon thereof in writing pursuant to the provisions for warranty claims specified in Oilon’s sales conditions.
Any orders placed by the customer on the Oilon Webshop website shall be binding. Oilon shall provide the customer with an order confirmation, which will be used to confirm the order and the prices for products in Oilon Webshop. Oilon’s general sales conditions valid at the time of the order as well as any other agreements between Oilon and the customer shall apply to the orders placed in Oilon Webshop. If prices, terms of payment or terms of delivery declared in Oilon Webshop are contrary to terms specified elsewhere, the prices and terms declared in Oilon Webshop shall apply.
7. TERMINATION OF RIGHT OF USE
Oilon shall have the right to withdraw, restrict, or alter a right of use provided earlier and, if necessary, close the customer’s account pursuant to Oilon’s currently valid terms for customer accounts or otherwise on reasonable grounds. Such reasonable grounds include, but are not limited to: breach of these Terms and Conditions or currently valid rules and regulations; suspected misuse of Oilon Webshop services; suspected misuse of the customer’s usernames and passwords; and expiration of the customer’s account for any reason. Oilon shall have the right to close the customer’s account in the event that Oilon has no obligation to provide the customer with the products they have ordered due to non-payment as specified in Oilon’s terms and conditions for customer accounts or Oilon’s general sales terms. Oilon shall notify the customer of withdrawal, restriction, or change of the customer’s right to use Oilon Webshop services without any undue delay.
8. LIMITATION OF LIABILITY FOR OILON WEBSHOP SERVICES
Oilon does not guarantee uninterrupted or error-free operation for Oilon Webshop services or the availability of the service. The customer uses the services at their own risk. Oilon shall not be liable for any direct or indirect damages arising from or relating to interruptions in the service, such as delay, loss of revenue or profit, third party liability, loss of data or any other cost, damage, or loss. Oilon shall not be liable for any direct or indirect damage arising from or relating to imprecise or incorrect price or product information. In no circumstance shall Oilon have the obligation to deliver products ordered by the customer in the Oilon Webshop service, if the product’s price information is incorrect.
9. THIRD PARTY SERVICES
10. RIGHTS TO MATERIALS IN THE SERVICE
The ownership and intangible rights to product images and other product information displayed in Oilon Webshop services and elsewhere on the Oilon Group website shall remain with Oilon or Oilon’s partners. The customer may copy and disclose individual product images or product details only as part of a bid or tender submitted to their own customers. The customer shall have no right to copy, use, or disclose such items to any wider extent or for any other purpose. Oilon’s price information constitutes a trade secret, and the customer shall have no right to disclose such information to third parties.
11. PERSONAL DATA AND DATA PROTECTION
The customer shall ensure that they have the right to submit the required personal data of their users and other contact persons through the Oilon Webshop service. The personal data of Oilon Webshop service users constitutes part of Oilon’s customer data file, which is subject to Oilon’s data protection guidelines.
12. INFORMATION SECURITY
Oilon shall take reasonable measures to ensure that the use of Oilon Webshop services is secure and that the services are free of viruses, malicious software, or any other corresponding harmful defects or threats. Oilon shall ensure that the information security for Oilon Webshop services is organized in a generally accepted manner, with due diligence, and in accordance with good data processing practice and, where possible, prevent unauthorized access to their data systems with appropriate technical measures. However, Oilon does not guarantee absolute data security. The customer shall be responsible for maintaining appropriate data security in their own systems.
15. SETTLEMENT OF DISPUTES
These terms and conditions shall be governed by the laws of Finland, excluding conflict-of-law rules. Any disputes arising from or relating to these Terms and Conditions or the use of the Oilon Group website shall be settled by the district court of Päijät-Häme.