General Terms and Conditions for the use of LexCom industries platforms

General Terms and Conditions (hereinafter referred to as "T&C") of LexCom Informationssysteme GmbH (hereinafter referred to as "LexCom"; see the Legal Notice for further contact and company details), Rüdesheimer Straße 23, 80686 Munich, for the Internet offering addressed by the domains "agroparts.com", "agroparts.de" and "logiparts.com" (hereinafter referred to as "LCi Platforms").

Status: August 2024 (T&C as of November 2023)

(The following T&C also contain statutory information on the rights of consumers in accordance with the provisions on contracts in distance selling and electronic commerce).

§ 1 Scope of application

The user accepts these T&C by clicking on a button provided for this purpose during the registration process. Users can also access, print and save these T&C at any time after conclusion of the contract by clicking on the "T&C" link (bottom edge of the website), which can be accessed anywhere on the respective LCi platform.
The following terms and conditions apply to all contracts between users of LCi platforms and LexCom regarding the use of LCi platforms (hereinafter referred to as "users"). Users are generally entrepreneurs (Section 14 BGB); however, consumers (Section 13 BGB) may also use the service in selected countries. The special provisions in these T&C for consumers are labelled accordingly.
Deviating, conflicting or supplementary T&C shall not become part of the contract unless their validity is expressly agreed in writing.

§ 2 Scope of services

The LCi platforms offer information from various manufacturers of industrial commercial vehicles (hereinafter referred to as "manufacturers") about their original spare parts. In addition, the LCi platforms offer the following functionalities:
1. Authorised specialist dealers can use the LCI platforms to place order enquiries with the manufacturers/importers registered in the respective LCi platform and thus initiate orders. Other users (including consumers) have the option of putting together a virtual shopping basket of spare parts. They can send this either (1) electronically via the message function or (2) in printed form outside the LCi platforms to an authorised specialist dealer of their choice.
2. Users who have the status of an authorised dealer can act as a shop provider themselves. They can licence their own instance of the "DealerShop", which users can then also use to order spare parts. To register, the authorised user clicks on the user icon after logging into their account, clicks on the "DealerShop" menu item and follows the instructions for registration. The supplementary General Terms and Conditions for the DealerShop apply.
Users of the LCi platforms sometimes have the option of downloading original spare parts catalogues for their individual machines via the "Mobile" app and using them offline. Mobile is used as part of the use of the LCi platforms. Supplementary terms and conditions apply to the use of Mobile.
The LCi platforms offer a monthly average availability of 98.5%, apart from a scheduled maintenance window on Sundays between 7:00 a.m. and 6:00 p.m. (German time) and causes that are not the responsibility of LexCom.
In providing its services, LexCom is neither (a) responsible for the completeness of the spare parts entered in its database nor (b) for the completeness and accuracy of the data and information supplied by the manufacturers (including their general terms and conditions), as the creation of this data is not within LexCom's sphere of influence. LexCom shall inform the respective manufacturer immediately upon becoming aware of any deficiencies in the data and provide corrected data. The spare parts prices shown are the manufacturer's recommended retail prices. Binding price information can only be provided by the respective seller.
The LCi Platforms are intended as an offer to provide information from the manufacturers to the participants in the aftermarket, e.g. authorised specialist dealers or parts dealers. These parties enter into a business relationship when the buyer sends an order enquiry (by clicking on the "Order now!" button on the "Purchase order" page) and the seller accepts this enquiry in accordance with §2 no.1 a) or when the buyer places an order with a selected dealer in the DealerShop in accordance with §2 no.1 b). Any subsequent conclusion of a contract, handover and invoicing of the spare parts between the users (dealer and manufacturer) shall be outside the area of responsibility of LexCom.
The LCi platforms themselves offer neither spare parts nor information that goes beyond the contents of the database.
The LCi platforms publish prices for spare parts, but are not themselves responsible for their determination. The price information on the LCi platforms is provided in consultation with the respective manufacturer, dealer or importer or the respective national company.
If the user is a manufacturer or importer, he can have his ordering and shipping methods stored in the LCi platforms after consultation with LexCom. LexCom will not check the content of this information and is therefore not responsible for it.
If different users within a company or group of companies are active at different locations (head office / branch office), the LCi platforms enable the linking of user accounts in such a way that users of the head office can carry out actions (including orders) in the name and on behalf of the branch office. The technical requirements and restrictions of this "linking and management of company locations" are described in more detail in the corresponding user manual, which is available within the LCi platforms. The users involved are solely responsible for the legal consequences of any authorisation granted by the branch office to users of a head office in the course of using this functionality.

§ 3 Obligations of spare parts dealers

The spare parts dealer undertakes to process non-binding order enquiries submitted to it via the LCi platforms carefully and in good time, to point out any recognisable errors to the interested party and to process the order enquiry in the further course of the order in accordance with normal business practice. However, there is no obligation to submit a purchase offer in response to an order enquiry. If an enquiry is rejected, the interested party must be informed immediately. The same applies in the event of changes, replacements and additions to the retailer's offer compared to the enquiry of the interested party. A binding order shall only be deemed to have been placed if the interested party accepts an offer from the retailer.
If the dealer of spare parts uses a DealerShop and receives orders through it, the General Terms and Conditions agreed by the respective dealer with the end customers of the DealerShop and, in addition, the "Supplementary General Terms and Conditions for the Provision and Use of the DealerShop of LexCom" shall apply.

§ 4 Registration

Users must register truthfully in order to use the LCi Platforms. To do so, the user clicks on "Register for free" on the respective LCi platform, enters their customer details and a password (the selected email address and password will serve as access data once registration has been completed), confirms acceptance of these T&C and confirms this information by clicking on the "Register" button. By doing so, the user accepts LexCom's offer to conclude a licence agreement for the use of the LCi platform. The user then receives an (unencrypted) e-mail from LexCom containing a verification code. By entering this code on the LCi platform, registration is finalised and access can be used.
Registration is only permitted for natural persons and legal entities with unlimited legal capacity. If the user is registered by a representative, LexCom shall be entitled to request proof of power of representation. LexCom shall determine the details of the proof of representation; the representative must be named.
The user can change his password at any time during use. LexCom will not ask a user for their password by e-mail or telephone. If a user with administration rights, usually referred to as "admin", is permitted to create additional users under his/her company ID, he/she shall register them truthfully and inform them of the confidentiality of the access data.
LexCom reserves the right to revoke the user's registration at any time without notice and to block the user's access due to false information provided during registration, breach of the user's obligations under the licence agreement (see in particular Sections 3, 4 and 6) or illegitimate use of the LCi platforms.
Authorised dealers and workshops of spare parts are then free to be activated for the possibility of online ordering. The provisions of § 4 No. 1-5 apply analogously. To do this, after logging in, the registered user first goes to the menu of the respective manufacturer by clicking on the brand logo of the desired manufacturer on the website of the respective LCi platform - and then on "Ordering system". The user then enters their dealer number and clicks on "Send request". The data is then sent to the manufacturer for verification. If the manufacturer authorises the user to place an online order, LexCom will confirm this to the user with a message and the online ordering function will be activated. If a dealer has been denied the status of authorised dealer or workshop for spare parts by one or more manufacturers, LexCom reserves the right to deactivate the online ordering function for the respective manufacturer brand. The user will be informed of this by a corresponding message from LexCom.
Activation in accordance with § 4 No. 5 for authorised dealers enables them to use the brand-specific catalogue free of charge (at the same time). The costs shall be borne by the manufacturer. In this context, a contract of use between the user and LexCom is concluded when LexCom notifies the user of the manufacturer's confirmation,

§ 5 Data protection and security

All personal data collected from the user will be treated in accordance with the data protection laws applicable to LexCom. The privacy policy of LexCom industries applies.

§ 6 Rights and obligations of the user

If the user has taken out a paid subscription, LexCom shall grant the user a non-exclusive right to use the respective LCi platform for the duration of the contract. Irrespective of whether a paid subscription has been taken out, the User may not rent, lend, sell, sub-licence, transfer or assign the LCi Platforms themselves or the rights of use thereto to third parties for use, nor copy the LCi Platforms or authorise the copying of the LCi Platforms, either in part or as a whole, except in the cases expressly permitted herein.
If the LCi platforms are used by organisations with several locations/branches, a separate account for the LCi platforms must be registered for each location.
The use of the "OnlineCatalogue" of the LCi platforms is permitted exclusively in the form of individual licences, insofar as this is subject to a charge. A separate subscription must be taken out for each person or each generated user.
The user data generated as part of the user administration (user name and password) must be assigned as individually as possible and allocated to a specific user at the same location. In addition, the user may not share this individual access data (in particular user name and password) with third parties, pass it on to third parties or generate a user for third parties under the company ID.
The user may only register once for the LCi platforms at any one time.
The user assures that the information provided by him is true and complete. Furthermore, the user is obliged to enter any changes immediately under the heading User data / Company data.
When using the LCi Platforms, the user has the option of taking their own photos of spare parts or vehicles/machines and uploading them manually to the LCi Platforms in order to share them with other users and to have photos of spare parts taken via the "image recognition" for identification purposes and uploaded to the LCi Platforms. Content that the user uploads in this way to the LCi platforms or via external services integrated into the LCi platforms or makes available in any other way is hereinafter referred to as "user content". By uploading / making available, the user grants LexCom a simple and transferable right to use its user content, which is unlimited in terms of territory and time.
The user warrants that his user content and other entries and messages do not violate laws or the rights of third parties and do not adversely affect other data or LexCom's data processing system. In particular, the user is prohibited from uploading, offering or requesting such information and data on the LCi platforms that violate criminal or other legal provisions or whose trade is prohibited or subject to approval.
In the event of an infringement, the user shall be obliged to indemnify LexCom against all claims made by third parties against LexCom as a result of an infringement; this shall not apply if the user has not acted culpably. In the event of an infringement, the user shall be obliged to provide LexCom, on request and without delay, with all truthful and complete information required for the examination of the claims and a defence against them. Any liability of the user over and above these provisions shall remain unaffected.
Users may not reproduce, store in other media, distribute or modify the information, data, drawings, specifications and documentation integrated in the LCi Platforms (the "LCi Platform Material").
Access to the LCi platform material by means of automated processes (e.g. robots, spider tools etc.) or in any other way that deviates from natural user behaviour is not permitted. Printing and saving individual pages is only permitted for personal use.
Unless a special individual agreement has been made, it is not permitted to integrate the LCi Platforms into your own software products / online services or into software products / online services of third-party providers, whether by means of "framing" or in any other way.
The complete or partial reverse engineering of LCi platforms is not permitted
The LCi Platforms are used primarily for the purpose of identifying the required spare parts for a machine and procuring them via the LCi Platforms. The user shall only use the LCi platforms to an extent that does not significantly exceed the customary scope of use for this purpose. If use exceeds this purpose and/or the customary scope of use, LexCom reserves the right to restrict or block access to the LCi Platforms.

§ 7 Prices for the LCi platforms

The use of the LCi Platforms is subject to a fee above a certain scope of use; the user will be informed in advance if this scope of use is exceeded and of the associated fees. If the user wishes to continue using the platform, he/she must take out a paid subscription. To do this, one of the account administrators must click on "OnlineCatalogue" in their account.
The amount of the fees can be found on the homepage of the respective LCi platform.
Minimum terms and notice periods for subscriptions as well as conditions for ordering/cancelling additional licences can be found on the homepage of the respective LCi platform. Other products and services are charged according to the price list for the use of the LCi platforms. Cancellation is effected by the account administrator clicking on "Cancel subscription" in the system. In the event of a previous licence increase, cancellation is only possible in the next rolling month. In addition, ordinary cancellation can also be carried out by LexCom by notifying the user.
All prices are gross prices and include the respective statutory VAT, depending on the place of residence or registered office of the recipient of the service (EU/third countries).
All fees are charged either by credit card or direct debit, depending on the user's location. The user must ensure that the account or credit card has sufficient funds and that the credit card and bank details are valid and correct. In the event of a failed booking / chargeback, LexCom may demand reimbursement from the user of the costs actually incurred as a result. In the case of payment in advance, the user shall bear all fees for the transfer. After successful crediting to the LexCom account, the user shall be activated.

§ 8 Right of cancellation for consumers

Consumers (private users) have a fourteen-day right of cancellation in accordance with the following provisions (the right of cancellation is excluded for entrepreneurs / commercial users):

Right of cancellation

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date of conclusion of the contract. To exercise the right to cancel, you must inform us (LexCom Informationssysteme GmbH, Rüdesheimer Str. 23, D-80686 München, phone: +498954715111, fax: +498954715175, e-mail: agroparts@lexcom.com or logiparts@lexcom.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, telephone or e-mail). You can use the attached cancellation form, but this is not mandatory. You can complete and submit the cancellation form or the online contact form on our website [www.agroparts.com or www.logiparts.com] electronically. If you make use of this option, we will immediately send you a confirmation of receipt of such a cancellation (e.g. by e-mail).

Consequences of cancellation

If you cancel this contract, we must refund all payments that we have received from you immediately and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

If you have requested that the service should commence during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

§ 9 Notifications and declarations

The purchase contracts initiated via the LCi platforms are concluded by means of electronic communication in accordance with the nature of the platform. Declarations of intent are regularly made by e-mail.
Users recognise the unlimited validity of declarations of intent transmitted in this way in accordance with the following provisions:
1. The e-mail may not suppress the usual information or circumvent it by anonymisation, i.e. it must contain the name and e-mail address of the sender, the time of sending (date and time) and a reproduction of the sender's name as the conclusion of the message. Subject to proof to the contrary, an e-mail received within the scope of this provision shall be deemed to originate from the other partner.
2. All messages must be formulated in German or English and the corresponding "Contact" module must be used.
The user is obliged to inform himself at least once a week about the messages addressed to him.
Please use our contact form for notifications and explanations regarding these T&C.

§ 10 Limitation of liability

LexCom shall be liable to the user without limitation for all damage caused by LexCom and its legal representatives or vicarious agents in the event of wilful intent or gross negligence.
In the event of slight negligence, LexCom shall be liable without limitation in the event of injury to life, limb or health. Otherwise, LexCom shall only be liable if it has breached a material contractual obligation (cardinal obligation). Cardinal obligations are obligations whose fulfilment is essential for the proper performance of the contract, whose breach jeopardises the achievement of the purpose of the contract and on whose compliance the contractual partner may regularly rely. In these cases, liability is limited to compensation for foreseeable, typically occurring damage.
Furthermore, if the LCi platforms are used free of charge, LexCom's liability for all cases of slight negligence is excluded.
Liability in accordance with the provisions of the Product Liability Act remains unaffected.

§ 11 Exemption

The user shall indemnify LexCom against all claims asserted by other users or other third parties against LexCom due to an infringement of their rights by the content posted by the user on the LCi platforms. The user shall bear all reasonable costs incurred by LexCom as a result of an infringement of third-party rights, including the reasonable costs incurred for legal defence. All further rights and claims for damages on the part of LexCom shall remain unaffected. The user shall have the right to prove that LexCom has actually incurred lower costs.
If the user's content infringes the rights of third parties, the user shall, at LexCom's discretion and at the user's own expense, either procure the right to use the content for LexCom or design the content so that it is free of industrial property rights.

§ 12 Provisions in connection with the P2B Ordinance

With the provisions of this Section 12, LexCom complies with specific requirements of Regulation (EU) 2019/1150 of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services ("P2B Regulation"), insofar as these requirements are not already met by other provisions of these T&C.

Restriction, suspension and termination: LexCom reserves the right to temporarily restrict or terminate users under the following conditions:
- In the event of a breach of the obligations under § 6 of these T&C.
- If the user is either in arrears with the payment of the subscription fees (§ 7) or a not insignificant part of the subscription fees for two consecutive dates or if the user is in arrears with the payment of the subscription fees in an amount equal to the subscription fees for two months in a period extending over more than two dates.
In the cases mentioned here, LexCom shall inform the user of the reasons for the measure by e-mail in good time before or at the same time as it takes effect.
Ranking: As part of a user's search for spare parts dealers for the purpose of initiating orders, the user is shown the dealers that come into question for his order, sorted according to objective relevance criteria (such as, in particular, geographical distance to the user's registered office/address). Otherwise, there is no qualitative ranking within the meaning of the P2B Regulation. Accordingly, retailers have no possibility to influence a ranking within the LCi platforms directly or indirectly in return for payment.
Data access after the end of the contract: LexCom points out that user data may continue to be stored by LexCom after the end of the contract in accordance with the data protection laws applicable to LexCom, insofar as this is permitted on the basis of statutory or other retention obligations or legitimate interest.
Data access during use: LexCom would like to point out that commercial users have access to their own data stored on the LCi platforms (with or without personal reference) or to that of other users as follows. As part of order processing in accordance with Section 2, (personal) data of the users involved in the order is transmitted and stored.
Internal complaints management system: LexCom has set up an internal complaints management system that fulfils the requirements of the P2B Regulation. The relevant contact information can be found on the LCi platform website (Imprint). Information from LexCom on the functioning and effectiveness of the internal complaints management system is also available here.
Mediation: In the event of complaints from users that cannot be resolved by the means of the internal complaints management system specified in the P2B Regulation, LexCom is prepared to work with at least the following mediators to reach an out-of-court settlement of any disputes with commercial users relating to the provision of the LCi platforms and corresponding complaints:
- Lawyer Jutta Pertenais , Kanzlei Pertenais, Husstraße Groß-Berliner Damm 73C, 12487 Berlin, Tel.:+49(0)1784605257 E-Mail: info@kanzlei-pertenais.de
- Attorney Dr Philipp Höttler, LL.M., Hoflacher Str. 6, D-82223 Eichenau; phone: +49 (0) 172 7378310; e-mail: info@kanzlei-hoettler.de.

§13 General provisions / Place of jurisdiction / Applicable law

German law applies to the exclusion of the uniform U.N. sales law. If the user is a consumer, the applicability of mandatory provisions of the legal system applicable at his place of residence shall remain unaffected
The place of fulfilment for all mutual services arising from the contract is Munich.
If the user is an entrepreneur, the place of jurisdiction shall be, at LexCom's discretion, either the user's place of business or Munich, Germany.
These T&C are available in German and various other languages. In case of doubt, the German-language version is relevant for the interpretation of the T&C.
LexCom reserves the right to amend these T&C at any time without stating reasons. The user shall be notified of the amendment when logging into his/her account. If the user does not object to the changes within four weeks of becoming aware of them, the amended provisions shall be deemed to have been accepted. In the event of an objection by the user, LexCom shall be entitled to terminate the subscription with one (1) week's notice to the end of the month.
Excluded from the right to amend in accordance with this clause are provisions that affect the main performance obligations of the contracting parties and thus significantly change the relationship between the main and counter-performance obligations, as well as other fundamental changes to the contractual obligations that are equivalent to the conclusion of a new contract. An express contractual agreement is required for such amendments
LexCom is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.