General Terms of Use
WMF Digital Platform
(Status: January 2024)
These Terms and Conditions of Use apply in the version valid at the time of conclusion of the contract for the use of WMF CoffeeConnect and the Services and products offered through it at https://coffeeconnect.wmf.com (hereinafter "Digital Platform") of WMF GmbH, WMF Platz 1, D-73312, Geislingen an der Steige ("WMF") by the Customer as end User ("User").
§ 1
Service offer and availability(1) The Digital Platform is a web portal on which digital solutions are offered, which offer the User a variety of Services for his professional WMF coffee machine (hereinafter referred to as “coffee machine”). The Digital Platform enables the User of coffee machines, which are equipped with a telemetry module, to use different telemetry Services (hereinafter referred to as "Services"). Detailed information on the Services provided are to be found in our detailed Service Description
https://learn.coffeeconnect.wmf.com/de/portal/ServiceDescription (or to be requested at contact@seb-professional.com). For the use of individual Services (e.g., Online Shop), additional conditions may apply according to the respective special terms of use.
(2) WMF reserves the right to supplement the Free Services offered on the Digital Platform or to limit the use of the Services provided for a limited period of time. The User has no right to retain certain Free Services or parts thereof.
(3) In order to use the Services, the User must register in accordance with § 2. The registration is currently free of charge. Detailed regulations for their use can be found in § 4.
§ 2
Registration(1) In order to use the Digital Platform and the coffee machine with the Digital Platform in full, the User must register at https://login.coffeeconnect.wmf.com/Account/Register. To register, the User must be of legal age. Only commercial Users are entitled to register and use the Digital Platform. Use by private individuals for private purposes is excluded. If the User uses the Digital Platform on behalf of a company or organization, the User confirms to WMF that he/she is authorized to use the Digital Platform on behalf of this company or organization and declares his/her legally binding agreement to the validity of these terms of use for this company or organization.
(2) In the course of the registration process, the User is asked to enter his access data. This data consists of the User's name and address, if applicable the company name, as well
as the User's valid e-mail address and a password freely chosen according to the password guidelines. When re-registering, the User may not pretend to be another person or use a User ID that he is not authorised to use. If these access data change in the course of the User relationship, the User must immediately correct his access data on the Digital Platform in his personal settings. If costs arise due to the incorrect information, the User is obliged to reimburse these costs.
(3) With the registration, the User submits an offer to WMF to conclude a User relationship of the use of the Digital Platform based on these Terms of Use. The acceptance of the offer is decided at WMF's own discretion. If the registration is not confirmed within a reasonable period of time by e-mail to the e-mail address provided or by activation of the User profile, the User is no longer bound by his offer. Upon receipt of the e-mail confirmation or activation of the User profile, a contractual relationship of use is established and WMF activates the requested access. Upon activation the User is entitled to use the WMF Digital Platform within the scope of these Terms of Use. The text of the agreement is stored by WMF but cannot be accessed by the User. The User is offered a storable version of the text of the Agreement for download.
§ 3
Management of coffee machines(1) For full use of the Services provided via the Digital Platform, the integration of at least one coffee machine with telemetry module in the User profile of the Digital Platform is required. Without integration of a coffee machine with telemetry module, the scope of use is limited. As purchaser of a coffee machine with telemetry module ("Primar User"), the User can add these via the Digital Platform and use the Services offered for his coffee machine. Monitoring of the coffee machine with telemetry module via the Digital Platform is only possible if it has been integrated by a Primar User.
(2) In addition to the Primar User, the Primar User can give other registered Users access to the coffee machine integrated by the Primar User coffee machine with telemetry module ("Secondary User"), so that they are also able to use it. The scope of use by the Secondary User shall be determined by the Primar User and the Secondary User on a case-by-case basis. If the Primar User does not operate the coffee machine himself, he undertakes to inform the Secondary User or those Users who do not have access to the Digital Platform themselves about the integration of
the coffee machine and the scope of use by the Primar User and to ensure that the Primar User consents to the use of the information transmitted via the Digital Platform by the Primar User. This applies in particular to the transmission of personal data of the Secondary User, such as the location data of the coffee machine at the Secondary User, provided that the permissibility of the use of the data by the Primar User under data protection law does not already arise within the framework of the performance of the contract between the primary and Secondary User. WMF reserves the right to restrict the Primar User's use of the Digital Platform if WMF has reasonable doubts as to the compliance with this obligation. The Primar User shall indemnify WMF from any claims of third parties in connection with the integration of a coffee machine with telemetry module.
(3) Upon commissioning of a coffee machine with telemetry module, operating and status information ("technical data") will be transmitted to WMF. These technical data include in particular
a) The type and number of devices linked to the coffee machine with Digital Platform, such as the refrigeration unit with compatible sensor technology
b) Counter values and statistics on brewing processes, beverage and maintenance counters, milk temperature (for auxiliary equipment or auxiliary cooling unit), boiler temperature, etc.
c) commands and functions executed via the portal together with the time of operation
d) status of the coffee machine (on, off, and time of status change)
e) radio transmission data including signal strength, selected products and the radio cell in which the coffee machine with telemetry module is located
f) diagnostic and error messages from the coffee machine with telemetry module and compatible devices connected to it
g) methods and timing of cleaning
h) Software versions and time of execution of software updates and log files of the software
i) Beverage and machine settings
These technical data have no personal reference for WMF without use of the Digital Platform and integration of a coffee machine by the User and are used pseudonymously e.g. for product improvement and development. This also applies in case of non-existence and termination of the User relationship according with regard to the Digital Platform. The data is linked to the User's account within the framework of the contracts concluded with the User (Terms of Use of the Digital Platform, Service Agreement) or with the User's express consent and used in a personalized manner. The person-related use of the technical data ends in the event of a termination of the contractby the User. The details of the data collected and their respective use are set out in the data protection declaration.
§ 4 Use of Services(1) The basic functionality of the Digital Platform in accordance with the Service Description (hereinafter "Free Services") are provided free of charge
(2) WMF reserves the right to make Free Services subject to a charge in the future or to offer additional Services subject to a charge (“Chargeable Services”). The Chargeable Services can be combined and offered by WMF in service packages, which differ in scope of Services and price as well as duration and cancellation conditions.
(3) A separate order of a service package by the User is required for the use of the Chargeable Services. Before access to the respective chargeable service included in a service package is granted, the User shall receive online notification from WMF about the available service packages, of the costs incurred, the terms of payment, duration and termination of the Chargeable Services, as well as other relevant details. The notification of the service packages offered constitutes an offer to conclude a new contract of use with regard to the Chargeable Services. The User then has the option of ordering the offered Chargeable Services from WMF in a form offered by WMF under the corresponding conditions of a service package. After the order has been placed, WMF will arrange for the activation of the Chargeable Services in accordance with the scope of Services described in the ordered service package in the User profile of the User. These Terms of Use also apply to this User relationship.
(4) In addition, WMF expressly reserves the right to make existing Services liable to pay costs with a prior notice period of 30 calendar days, whereby WMF will take into account the legitimate interests of the User.
(5) The advance notice contains a notice to the User, which contains details about the future Services with costs. In particular, different service packages are offered. The notification of the different service packages does not constitute an offer to conclude a new usage contract. If the User decides for a service package and informs WMF about it in a form offered by WMF, this notice is an offer to conclude a contract of use under the conditions of the respective service package. WMF can accept this offer by activating the corresponding scope of Services mentioned in the service package. In each notification of change, the User is informed separately of the consequences of the change and his right of objection and/or cancellation.
(6) The User can purchase Chargeable Services when purchasing the coffee machine with telemetry module or subsequently through his dealer.
(7) The User can order paid Services of a higher-value package at any time. The change to a cheaper or free package is only possible at the end of the respective term of the ordered service package.
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§ 5
Scope of Services, availability and technical requirements
(1) The features and functions of the Services that can be used via the Digital Platform and the respective service packages offered are described and listed in the Service Description.
(2) There is no claim to uninterrupted use of the Free Services. There is no guarantee that access to or use of the Free Services via the Digital Platform will not be briefly interrupted or impaired by maintenance work, further developments or other disruptions, which may also lead to data loss. WMF endeavours to ensure that the Free Services can be used as uninterruptedly as possible. However, temporary restrictions or interruptions may occur due to technical faults (e.g. interruption of the power supply, hardware and software errors, technical problems in the data lines).
(3) WMF shall only provide the use of the Services with the availability and quality values defined in the respective valid Service Level Agreement for service packages subject to a charge ordered by the User and subject to the express agreement of a different service level. https://learn.coffeeconnect.wmf.com/de/portal/Service%20Level or to be requested at contact@seb-professional.com.
(4) WMF is only responsible for the availability of the chargeable service packages to the extent that the non-availability is due to the part of the network operated by WMF or the web or communication server of WMF itself.
(5) Regular maintenance work is necessary to ensure the availability of all Services provided; WMF may interrupt the provision of Services for a defined period of time in order to carry out maintenance work. WMF shall notify the User of the planned maintenance work and downtimes on the Digital Platform in good time in advance. WMF shall, as far as possible, take the interests of the User into account when scheduling the maintenance times. These regular maintenance times shall not be deemed to be an impairment of availability in the aforementioned sense.
(6) The User himself is responsible for creating the technical prerequisites (in particular hardware, web browser and Internet access, location of the coffee machine with mobile phone reception, alternatively connection via WLAN or WAN) necessary for the contractual use of the Services within the User's area of responsibility. WMF does not owe any advice in this regard.. The technical requirements for trouble-free use can be found in the Service Description.
§ 6
Terms of payment(1) If Services subject to charges are used, all fees stated are plus the applicable value added tax.
(2) Unless otherwise agreed in the offer or the advance notice pursuant to section 4 para. 3 and 4, or otherwise, WMF shall invoice the remuneration owed under the Agreement monthly in arrears. The invoice shall be in text form.
(3) The billing of the amounts to be paid for the utilisation of the fee-based service packages of WMF shall be carried out according to the respective payment method. Insofar as nothing else results from this or due to an individual agreement, invoices are due immediately and without deduction. The payment date is the day on which WMF can dispose of the payment amount.
(4) Upon request, WMF shall provide the User with an overview of the actual use of the Chargeable Services for review within three working days, provided that this information is relevant to remuneration.
(5) Objections to the billing of the Services provided by WMF must be raised by the User in writing to the office stated on the invoice within a period of four weeks after receipt of the invoice. After expiry of the aforementioned period, the invoice shall be deemed to have been approved by the User. WMF shall draw the User's attention to the significance of
his behaviour when sending the invoice.
(6) The User is responsible for providing WMF with complete and accurate billing and contact information and for informing WMF of any changes to this information.
(7) If the User is offered a test or trial period for service packages, the use of these service packages ends automatically after the end of the test or trial period, unless the User has ordered the use of the chargeable service packages beyond the test or trial period.
(8) The User can only assert a right of retention if it is based on the same contractual relationship. The User can only offset against claims of WMF with uncontradicted or legally binding claims.
§ 7
Responsibility for the access data(1) The access data including the password must be kept secret by the User and must not be made available to unauthorised third parties under any circumstances.
(2) It is further the responsibility of the User to ensure that his access and use of the Digital Platform is exclusively carried out by the User or by persons authorised by him. If there is reason to fear that unauthorised third parties have obtained or will obtain knowledge of his access data, WMF must be informed immediately.
§ 8
Default of payment(1) In the event of default of payment, WMF is authorised to put the Services out of operation at the User's expense.
(2) If the User is in default of payment for a period of more than two months in an amount equal to the average monthly price for two months, WMF may extraordinarily terminate the contractual relationship without notice. The payments of the last six months are decisive for the calculation of the monthly average price.
(3) WMF reserves the right to assert further claims due to late payment.
(4) WMF shall not exercise its rights with regard to late payment and suspension of Services if overdue payments are the subject of an attempt to reach an agreement between the contracting parties and the User co-operates with WMF.
§ 9
Scope of permitted use(1) The usage authorisation is limited to access to the Digital Platform and to the use of the respective available Services within the framework of the provisions of these Terms of
Use.
(2) When using the coffee machines integrated into the Digital Platform, the User shall observe and comply with the respective terms of use of the coffee machines.
(3) WMF points out to the User that usage activities can be monitored to the extent permitted by law or a legal obligation for us to do so may exist. This may also include the logging of IP connection data and its evaluation in case of a concrete suspicion of a violation of these Terms of Use and/or in case of a concrete suspicion of the existence of any other illegal act or criminal offence.
§ 10
Use of content available via the Digital Platform(1) The contents available via the Digital Platform are predominantly protected by copyright, trademark and competition law or by other intellectual property rights and are in each case the property of WMF or other third parties who have made the respective contents available for use via the Digital Platform by the User. The compilation of the contents is also protected by copyright. The User is only entitled to use these contents in accordance with these Terms of Use and the functionalities and Services provided in WMF Digital Platform.
(2) Unless further use is expressly permitted in these Terms of Use, the special conditions of individual Services or is made possible in the Digital Platform by a corresponding functionality (e.g. download button),
a) the User may use the content available on the Digital Platform solely for his own internal business purposes Any commercial use of the available contents beyond this is prohibited. This right of use is limited to the duration of the contractual use of the Digital Platform;
b) the User is prohibited from editing, changing, translating, presenting or demonstrating, publishing, exhibiting, duplicating or distributing the available contents in whole or in part (including the use of so-called iFraming). It is also prohibited to remove or change copyright notices, logos and other marks or protective notices.
(3) The User is only entitled to download contents ("Download"), to share contents by e-mail or via the share function, as well as to print out contents via the Digital Platform to the extent that a corresponding option is available to the User as a functionality (e.g. by means of a download button).
(4) The User shall be granted an unlimited and non-exclusive right of use for an unlimited period of time for the contents properly downloaded, sent or printed out by the User for use for his own internal purposes unless a different use is expressly permitted in individual cases. All other rights to the contents remain with the original holder of the rights.
(5) The mandatory legal rights (including reproduction for private and other own use) shall remain unaffected.
(6) The User is not allowed to share any content that is likely to harm the interests of WMF. An impairment of the interests of WMF is especially given, if it concerns trade or business secrets or other information, which are marked as confidential or if the confidentiality results from the nature of the matter.
(7) The User is responsible for regularly checking the downloaded files (especially those with security-relevant content such as safety data sheets, technical newsletters, software or similar) for up-to-dateness and synchronizing them with the server files. For this purpose, the User must ensure an Internet connection and is obliged to update his password regularly. The User is requested to update his password by the system. If the password is not updated after 90 days, the files will not be synchronised. The system administrators can check whether a synchronisation has taken place and, if necessary, actively request the User to log on to the Internet or update the password. The User is responsible for creating the necessary technical prerequisites (especially Internet access) within the User's area of responsibility.
§ 11
Blocking access to the Digital Platform(1) WMF may temporarily or permanently block the User's access to the Digital Platform as a whole or to individual sub-areas at its own discretion if there are concrete indications that the User violates or has violated these Terms of Use and/or applicable law or if WMF has any other legitimate interest in blocking. When deciding on a blocking, the legitimate interests of the User are adequately considered. If the User repeatedly violates these Terms of Use despite notification, WMF reserves the right to permanently block the access.
(2) In case of a temporary or permanent blockage, the access authorization will be blocked and the User will be informed by e-mail.
(3) In case of a temporary blockage, the access authorization will be reactivated after expiration of the blocking period or the final removal of the blocking reason and the User will be informed about this by e-mail. A permanently blocked access authorisation cannot be restored. Persons who are permanently blocked are permanently excluded from using the Digital Platform and may not log on again. With the permanent blocking of the User WMF is entitled to terminate the User's User relationship extraordinarily.
§ 12
Change of Primar User(1) If, due to the sale of a coffee machine with an activated telemetry module or for other reasons, the Primar User is to change for a particular coffee machine, the User, as the previous Primar User, shall be obliged to remove the coffee machine from his User profile on the Digital Platform. If the Primar User changes, the connection of the Secondary Users to the coffee machine is terminated. Further use of the coffee machine by the Secondary User is only possible after a new release by the new Primar User.
(2) If a new Primar User registers for the coffee machine, the term of any chargeable Package booked at the time of assumption of the status of Primar User shall be transferred to the new Primar User, provided that this has already been paid for in full. There will be no reimbursement of unused running times. If the term of the package booked by the original Primar User has already expired, the new Primar User can only use the coffee machine via the Digital Platform if he books his own package in accordance with § 4 of these terms of use.
§ 13
Term, termination of use(1) If only the Free Services according to § 4 para. 1 of these Terms of Use are used, both the User and WMF can terminate the contract of use at any time with immediate effect.
(2) If the User makes use of Chargeable Services in accordance with § 4 para. 2 to para. 6 of these Terms of Use, the term of the respective usage agreement and his right of termination shall be determined in accordance with the details from the respective notification to the customer in accordance with § 4 para. 3 and para. 4of these Terms of Use.
(3) In the event of a complete termination of your use of the Digital Platform, WMF is entitled to irretrievably delete all data created within the scope of your use of the WMF Digital Platform by the User after 30 calendar days after the termination takes effect and after any statutory retention periods have expired. For personal data, the regulations on data protection shall apply with priority, which may also provide for a shorter period of time for deletion. Further information can be found in the WMF Digital Platform Data Protection Declaration.
(4) The right to extraordinary termination shall remain unaffected. WMF shall have the right to extraordinary termination in particular if the User repeatedly violates these Terms of Use and despite a reminder by WMF does not remedy this violation or violates the Terms of Use again.
§ 14
Limitation of liability(1) Within the scope of the use of Free Services, WMF's liability for slightly negligent breaches of duty is excluded, unless damages from injury to life, body or health or guarantees or claims under the Product Liability Act are affected. Furthermore, the liability for the breach of duties, the fulfilment of which makes the proper performance of the User relationship possible at all and on the compliance of which the User may regularly rely, remains unaffected. The same applies to breaches of duty by our vicarious agents.
(2) Within the scope of the use of Chargeable Services by the User, WMF is liable according to the following regulations:
a) WMF is unlimited liable for damages caused intentionally or by gross negligence.
b) For damages resulting from the non-compliance of possible guarantees given in writing to the extent covered by the purpose of the guarantee and recognisable by WMF at the time of their giving.
c) In cases of product liability according to the Product Liability Act.
d) WMF is not liable in cases of simple negligent violation of only minor contractual obligations. Furthermore, WMF's liability for damages caused by simple negligence is limited to those damages which are typically to be expected within the scope of the respective contractual relationship (typically foreseeable damages). This also applies to negligent breaches of duty by our legal representatives, executive employees or our simple vicarious agents.
e) If the User is a commercial User, the parties agree that the contract-typical foreseeable damage from breaches of duty of this agreement shall amount to a maximum of 1,000 EUR.
f) The above limitation of liability shall not apply in the event of fraudulent intent, in the event of bodily injury or personal damage, for the breach of guarantees and for claims arising from product liability. Legally provided limitations of liability (which deviate from the above liability provisions in favour of WMF) shall remain unaffected.
g) WMF is not liable in any other way. For Services of WMF under the rental agreement, especially the strict liability for defects existing at the time of conclusion of the agreement is excluded.
(3) WMF is not liable for damages caused by improper operation of the devices connected via the telemetry module.
(4) As far as the liability of WMF is excluded or limited according to these provisions, this also applies to the liability of the organs and vicarious agents, especially the employees of
WMF.
§ 15
Data protection(1) WMF will process all personal data provided by the User exclusively in accordance with the applicable data protection regulations.
(2) For the processing of the contract concluded with the User a use of his personal data is required. In addition, WMF processes the User's data within the scope of a concluded service contract for the execution of repairs and maintenance measures, for the improvement of the offer for the User, for demand-oriented advertising for our products as well as for product improvement and development. The legal basis for the processing of the User's personal data is the respective execution of the contract as well as the legitimate interests of WMF. The details of the data collected and their respective use can
be found in the data protection declaration.
§ 16
Force majeure(3) If WMF is prevented from fulfilling its contractual obligations due to force majeure, WMF shall be released from its obligation to perform for the duration of the hindrance and a reasonable start-up time, without being obliged to pay damages to the User. The same applies if the fulfilment of WMF's obligations is made unreasonably difficult or temporarily impossible due to unforeseeable circumstances for which WMF is not responsible, in particular due to industrial action, official measures, energy shortages, pandemics or significant operational disruptions. If WMF is released from its obligation to deliver, WMF shall refund any advance payments made by the User.
(4) WMF is entitled to terminate the contract after expiry of a reasonable period if such an obstacle lasts for more than four months and WMF no longer has any interest in the fulfilment of the contract as a result of the obstacle. At the request of the customer, WMF shall declare after the expiry of the period whether WMF will exercise its right of cancellation or provide the Services within a reasonable period.
§ 17
Confidentiality(1) The contracting parties are obliged to keep secret all information that becomes accessible to them, which is designated as confidential or is recognisable as business or trade secrets according to other circumstances, for a period of five years from the time they become aware of it and, unless necessary for the business relationship, not to record, pass on or exploit it.
(2) The obligation to maintain secrecy shall not apply if the information was demonstrably already known to the receiving contracting party prior to the commencement of the contractual relationship or was generally known or generally accessible prior to the commencement of the contractual relationship or becomes generally known or accessible through no fault of the receiving contracting party. The receiving contracting party shall bear the burden of proof.
(3) The contracting parties shall ensure by means of suitable contractual agreements with the employees and agents working for them, in particular their freelance employees and the contractors and service providers working for them, that they also refrain from any exploitation, disclosure or unauthorised recording of such business and trade secrets for a period of five years from the time they become aware of them.
§ 18
Amendment of these terms of use(1) WMF reserves the right to change these Terms of Use at any time with effect also within the existing contractual relationships. The User will be informed about such changes by e-mail at least 30 calendar days before the planned entry into force of the changes.
(2) If the User does not object within 30 days after receipt of the notification and continues to use the Services after the expiry of the objection period, the changes are deemed to be effectively agreed upon after the expiry of the period. In the event of an objection, the User relationship shall be continued under the previous conditions. WMF reserves the right to terminate the User relationship at the next possible date in the event of an objection. In the notification of change the User will be informed about his right of objection and the consequences.
§ 19
Change of Services, price changes(1) WMF is entitled at any time to change the Services provided free of charge via the Digital Platform, to make new Services available free of charge or against payment and to discontinue the provision of Free Services. WMF will take the legitimate interests of the User into consideration.
(2) WMF is entitled to change Services with costs at any time, if this is necessary because preliminary Services necessary for the provision of the service are no longer available or not available at adequate conditions, if it concerns minor changes of the provided Services or if changes are advantageous for the User or if changes correspond to the usual market conditions for comparable Services. The User will be notified of changes by
e-mail. Changes are deemed to be approved if the User does not terminate the contract in writing or by e-mail within 30 days of receipt of the notification of change. The User will be informed of this separately in the notification of change.
(3) WMF will announce price changes in due time so that the User can terminate the contractual relationship under observance of the contractually agreed period of notice before the new prices come into effect. If the User does not terminate the contract after notification of the new prices and continues to use Chargeable Services after the new prices have come into effect, the price change becomes binding for the parties to the contract.
(4) In each notification of change, the User shall be informed separately of the consequences of the change and his right to object and/or terminate the contract.
§ 20
Final provisions(1) The web portal is provided by WMF GmbH, WMF Platz 1, D-73312 Geislingen an der Steige, e-mail: info@wmf.de as the uniform operator of the web portal for the WMF group of companies. Detailed information about WMF as operator of the portal can be found in the imprint. Information on data protection can be found in the data protection declaration.
(2) German law applies to the exclusion of German private international law and the UN Convention on Contracts for the International Sale of Goods.
(3) If the User is a merchant, the exclusive place of jurisdiction is the registered office of WMF. However, WMF is also entitled to take legal action at the User's place of business.
(4) Should a provision of these terms of use be or become invalid, the validity of the remaining provisions remains unaffected. In such a case, the parties are obliged to participate in the creation of provisions by which a legally effective result is achieved which comes as close as possible to the economic purpose of the invalid provision. The foregoing shall apply accordingly to the closing of any contractual loopholes.