These General Terms and Conditions for the Use of the Website "ReNew" set out the terms on which Bühler AG (hereinafter "Bühler") offers Registered Users (as defined below) access to and use of the Website "ReNew" (hereinafter "Website") that supports trade and services in used Bühler equipment (hereinafter "Products").
The Website helps Bühler, its affiliates and Registered Users (as defined below) facilitate the sale of the Products and the provision of services in relation to the Products. Bühler acts merely as a technical service provider of the Website. Any sales contract for Products listed on the Website is solely between buyer and seller, and, unless Bühler is the seller or buyer of the Product, Bühler is not a party to nor assumes any responsibility arising out of or in connection with such sales contract. In the event that Bühler or any of its affiliates acts as the buyer or seller of a Product listed on the Website, or provides services in relation to such Product, the General Terms and Conditions of Bühler and/or its affiliates shall apply.
Bühler provides access to the Website to registered users ("Registered Users"). In order to register to the Website, users must provide to Bühler their name, e-mail address, telephone number, company name, company address and a password.
The creation of a user account is permitted only to professional users and individuals acting in a professional capacity which have reached the age of eighteen (18). The creation of a user account is not permitted to consumers.
By registering to the Website, user warrants that the registration information (and any notification of change of such information) is accurate, current and complete. Registered User is obliged to notify Bühler of any changes to the registration information immediately. User further warrants that the company it represents: (a) is duly organized and existing under the laws of the country under which the company is registered; (b) is creditworthy; and (c) has not been involved in any government investigation in relation to bribery, money laundering and/or breach of export controls (hereinafter "Offenses"), and that any of its principal officers, directors or shareholders have never been charged with any of the Offenses.
Registrations are not transferable and may not be used by anyone other than the Registered User. Registered Users are solely responsible for maintaining the confidentiality of their account and password, and shall inform Bühler immediately if the account is being, or likely to be used in an unauthorised manner.
Bühler reserves the right to reject any registration for any reason in its sole discretion. Furthermore, Bühler may terminate the account at any time with immediate effect if Registered User is in breach of any of its warranties, representations and obligations hereunder. Registered User may terminate its account at any time by giving notice to Bühler.
Registered Users may list Products on the Website, subject to the prior review and approval of the listing by Bühler. In order to list a Product on the Website, Registered Users must provide to Bühler the following information: Product name, Product description, Product pictures, indicative price, availability and location of the Product.
By listing a Product, Registered User warrants that the listing is accurate, current and complete and is not misleading or otherwise deceptive. Registered User is obliged to notify Bühler of any changes to the Product information immediately. Registered User further warrants that: (a) it is the true owner of the Product or is authorised to sell the Product and able to transfer title to the Product free from any third party claims, liens or encumbrances; (b) the sale of the Product is not in breach of any applicable law; and (c) the Product listed on the Website meets the quality and safety requirements implied on the Website.
Bühler reserves the right to reject any listing for any reason in its sole discretion. Furthermore, Bühler retains the right to remove or edit any content or remove any Product from the Website if Registered User is in breach of any of its warranties, representations and obligations hereunder, or if a third party has objected to any such listing. Registered User may request Bühler to remove a Product listed by Registered User at any time by giving notice to Bühler.
The Products are presented on the Website as follows: (i) "AS-IS" which means that Bühler has not inspected the Product nor confirmed the Product description as provided by Registered User, and does not guarantee the availability of this Product; (ii) "Bühler Inspected" which means that a Bühler representative has physically inspected the Product and can confirm the accuracy of the Product description as provided by Registered User, but Bühler does not guarantee the availability of this Product; or (iii) "Bühler Overhauled" which means that Bühler owns and has overhauled the Product and guarantees the Product description and availability as listed on the Website.
The presentation of a Product on the Website, including the listed price, does not represent a binding offer. By clicking the button "Request Quote", buyer may request a binding purchase offer for a Product from the seller. Any sales contract for a Product listed on the Website is solely between buyer and seller, and, unless Bühler is the seller or buyer of the Product, Bühler is not a party to nor assumes any responsibility arising out of or in connection with such sales contract. In the event that Bühler or any of its affiliates acts as the buyer or seller of a Product listed on the Website, the General Terms and Conditions of Bühler and/or its affiliates shall apply.
In addition and as required, buyer may request services for a Product from Bühler, including, but not limited to, Product inspection, refurbishment, up- gradation, installation and commissioning, logistics including export/import procedures, certification, and training (hereinafter "Services"). Bühler will determine the Service requirements for the Products listed on the Website in its sole discretion. In the event that any Services are required for a Product in relation to the sale of such Product, the Services will be provided by Bühler and/or its affiliates subject to the General Terms and Conditions of Bühler and/or its affiliates.
Bühler is the owner of the Website and all content included in or made available through the Website, subject to the rights held by third parties. Registered Users are not permitted to extract and/or reutilise any parts of the content of the Website, or create and/or publish their own Website that features substantial parts of the Website. Bühler grants Registered Users a limited, non-exclusive and non-transferable license to access and use the Website, subject to these General Terms and Conditions.
Registered User grants to Bühler and any of its affiliates a perpetual, non- exclusive, worldwide, royalty-free and irrevocable license to edit, duplicate, disseminate, archive and otherwise use any material or Product information provided to Bühler (excluding any of Registered Users’ logos, trademarks or similar branding).
Except as expressly stated in these General Terms and Conditions, the Website is provided on an "as-is" basis. Bühler makes no representations or warranties of any kind, express or implied, including without limitation, the warranty of: (a) merchantability, fitness for a particular purpose or non- infringement; (b) uninterrupted, timely, secure and error-free availability, accessibility and operation of the Website; (c) accuracy, correctness, timeliness, reliability, and completeness of the information included in the Website; (d) existence, quality, safety and legality of the Products listed on the Website; and (e) performance of buyers and sellers and compliance with their obligations under the respective sales contract. To the extent permitted under applicable law, Bühler disclaims any and all such warranties.
To be extent permitted by law, Bühler will not be liable for any direct or indirect damages (including, without limitation, loss of profits or loss of data), arising out of or in connection with (i) the access to and use of the Website, and (ii) the performance of buyers and sellers and compliance with their obligations under the respective sales contract. In the event that a dispute arises between one or more Registered Users, each Registered User release Bühler from any claims or actual or potential damages of any kind and nature, arising out of or in connection with such disputes.
Registered User agrees to indemnify and hold Bühler (including all its affiliates, employees, contractors and agents) harmless against any and all claims, damages, liabilities, losses, costs and expenses (collectively, the "Claims") to the extent arising out of (i) the breach by the Registered User of any of its warranties, representations and obligations, or (ii) the gross negligence or willful misconduct of Registered User, except to the extent that such Claims were caused by the warranties, representations and obligations, or gross negligence or willful misconduct of Bühler.
The place of jurisdiction for all disputes arising out of or in connection with the use of the Website shall be exclusively CH-9240 Uzwil. The applicable law shall be exclusively substantive Swiss law.
By accessing or using the online-platform “Bühler ReNew” (hereinafter “Website”) operated by Bühler AG, CH-9240 Uzwil (hereinafter “Bühler”) the user agrees with the following terms and conditions. Any special agreements concerning services or products of Bühler shall apply in addition to these terms and conditions.
Unless otherwise set forth in the General Terms and Conditions for the use of the Website, all information published on the Website is non-binding and made available by Bühler for information purposes only, and Bühler accepts no liability or guarantee in any form for the accuracy, correctness, timeliness, reliability, and completeness of this information. Bühler may change, complete, or remove the Website or parts of it at any time and without any further announcements.
Bühler assumes no liability for losses and damages of any kind (in particular direct, indirect, or consequential damages) resulting from accessing or using the Website, or from links to third-party websites. Moreover, Bühler excludes the liability for any manipulations of the internet user’s IT system by unauthorized persons and emphasizes the risk of viruses and of targeted hacker attacks. The flawless functioning of the Website and its individual parts cannot be guaranteed by Bühler. Thus, Bühler accepts no liability for damages which arise from the inability to access or use the Website. In order to prevent viruses, using the latest browser versions as well as installing a regularly updated antivirus software is recommended.
The entire content of this Website is copyright protected and the individual elements of the Website and its entirety belong exclusively to Bühler as Website operator, subject to the rights held by third parties. Printing or saving individual pages and/or sections of the Website and its content is permitted for personal or internal use only and only with full reference to the source. In any case all property rights remain with Bühler. In order to (fully or partially) modify, copy, distribute, transmit (electronically or by other means), display, reproduce, publish, perform, license, frame, transfer, link, or use any content obtained from the Website (in whole or in part) in any other way for commercial or public purposes the prior written permission of Bühler is required. Further, the use of tools (e.g. Spider, Crawler, and other automatic tools) designed to systematically and automatically access, index, and/or transmit the content of the Website are not permitted. Legal steps against the responsible parties are expressly reserved by Bühler.
This Website may contain links which lead to third-party websites. Bühler has no control over the layout and the content of such websites and therefore will not assume any liability for the accuracy, correctness, completeness, reliability, timeliness of data, and the legality of their content and for any offers or services contained therein.
We hope this Policy will help you to make an informed decision about sharing your data with us.
Browsing of the Website may not require any personally identifying information. However, Bühler AG or any of its affiliates (“Bühler”) may collect limited non-personally identifying information your browser makes available whenever you visit the Website. This log information includes among others your internet protocol address, browser type, browser language, the date and time of your query and one or more cookies that may uniquely identify your browser and further improve our offerings.
In connection with your use of the Website, Bühler receives, stores and processes data (i) made available by you, (ii) obtained automatically when you contact us in any way, (iii) obtained from cookies and/or comparable technologies, (iv) obtained from e-mail communications, and/or (v) obtained from other sources. As a result we may collect and process data about your name, e-mail address, telephone number, company name, company address (street number, state, country, zip code), information about the used Bühler product listed on the Website (“Product”), including, but not limited to, name, description, pictures, indicative price, availability and location of the Product.
We will use the data collected to verify the account and Product information provided by you, to operate and use the Website, and to perform market research, customer behavior analyses and marketing activities.
We may forward your data to Bühler affiliates or to agents of Bühler for the purposes specified in this Policy. All Bühler affiliates may use your data in their own interests for the same purposes.
Furthermore, we may pass Product data to potential buyers or sellers of the Product who need to know that information in order to fulfill your request.
In addition, we may also forward your data, if we regard this as necessary to comply with the applicable laws and regulations, for court proceedings, if required to do so by the competent courts and authorities, or under other legal obligations, in order to protect and defend our rights, interests and/or our property.
We do not rent or sell your data, and we will not disclose it to any people or non-affiliated companies not mentioned in this Policy without your consent.
We may store and process your data in any country in which Bühler and/or our hosting providers maintain facilities and/or servers. By using our services, you consent to the transfer of your data among these countries.
We take appropriate security measures to protect your personal data against unauthorized access or unauthorized alteration, disclosure or destruction. Nevertheless, you should always be aware that the transmission of data over the internet or other electronic means entails certain security risks, and that we cannot give any guarantee for the security of data that are transmitted in this way.
We restrict access to your personally identifying information to persons employed or engaged by Bühler who need to know that information in order to fulfill your request or supply our services.
Controller of your personal data is Bühler AG, Gupfenstrasse 5, 9240
Uzwil, Switzerland. If you would like to assert your rights in respect of your
personal data, you may contact us as follows:
You may request information from the controller of the data as to whether data concerning you is being processed. Furthermore, you may object to the processing of your data, request that incorrect data be corrected or demand the deletion of your personal data.
A “cookie” is a small file containing a string of characters that is sent to your computer when you visit a website. We use “long-term- cookies” (remain on your hard disk) and “session-cookies” (will be deleted after your browser has been closed). However, we do not use shared cookies. The cookies used by us only store the user ID, i.e. your e-mail address (in encrypted form).
You may reset your browser to refuse all cookies. However, some features or services on the Website may not function properly without cookies.
Every time you access the Website, certain usage data are transmitted to us by your internet browser for technical reasons, and stored in protocol files, known as log files. The usage data in question are the following: the date and time the Website is called up; the name of the Website called up; the IP address of your computer or mobile device; the address of the Website from which you accessed the Website; the volume of data transferred and the name and version of your browser.
Any analysis of the log files helps us to further improve our internet products and make them more user friendly, to find and remove errors quickly, and to control server capacities.
In order to optimize your use of the Website we use Google Analytics, a standard analysis tool provided by Google Inc. ("Google"). Google Analytics makes use of so-called “cookies”, which generate information about your use of the Website for the ensuing analysis.
Information generated by the cookies about your use of the Website (including your IP address) is transferred to and stored on a Google server located in the US. Google observes the provisions on data protection of the “Privacy Shield” Agreement and is registered with the “Privacy Shield” Program of the US Department of Commerce.
The evaluation of your data is carried out anonymously. The Google tracking code was supplemented on the Website in such a way that your IP address is shortened by Google by the last digits before carrying out the analysis. Therefore, retracing to your person and the consolidation of these data with the data about you already known by Google is generally no longer possible.
The collection, anonymisation, and analysis of the user data are carried out by Google by a written order of the website operator (see Impressum/Legal Notice).
Further, you can prevent solely the collection of user data and analysis of user behavior by Google Analytics by downloading and installing the browser plug-in specially developed by Google. This plug-in is available under the following link https://tools.google.com/dlpage/gaoptout.
We do not use social plugins.
The Website contains links to websites of third parties. Bühler does not control these third party websites. These other sites may place their own cookies on your computer, collect data or solicit personal information.
Please note that this Policy will change from time to time. We expect most changes to be minor, but there may be changes that are more significant.
We will post changes on the Website and, if the changes are significant, will also provide a more prominent notice. The respective version of the Policy will be noted at the top of the front page of the Policy. Prior versions of the Policy will be kept in an archive for you to view.
This Policy has been established on April 1, 2017.
Should you have any questions, please do not hesitate to contact us any time.
This website is provided by:Bühler AG
business identification number (UID) / enterprise number: CHE-105.968.441
CEO: Stefan Scheiber