Terms of Use for Access to the “Second-Hand Machinery Platform at myWINTERSTEIGER” (2024/11)

1.1. For its customers, WINTERSTEIGER Holding AG (in the following referred to as "WINTERSTEIGER") has made available an online portal called "myWINTERSTEIGER" (www.mywintersteiger.com) as well as a Second-Hand Machinery Platform that is integrated in "myWINTERSTEIGER". Access is conditional on the acceptance, by each User, of the present Terms of Use applying to the Second-Hand Machinery Platform.

2.1. Use without registration Prospective customers (who are not WINTERSTEIGER customers as of yet and do not have access to myWINTERSTEIGER as registered customers) may still use the Second-Hand Machinery Platform. Any prospective customers interested in specific machinery may continue as “Guests” and complete the contact form stating their personal data (salutation, company name, first name, family name, company address) and identification data (e-mail address, telephone number); they must accept these Terms of Use and WINTERSTEIGER’s privacy policy and then click on the "Send request" button.

2.2. Use with registration via "myWINTERSTEIGER"

2.2.1. You can also access and use the Second-Hand Machinery Platform as a registered User. After registering as User for an existing customer in myWINTERSTEIGER, customers will be able to also use the Second-Hand Machinery Platform to inquire about second-hand machines and spare parts.

2.2.2. Registration is effected via the invitation link which WINTERSTEIGER will send the User by e-mail. By clicking on this link and stating their personal data (salutation, first name, family name) and identification data (e-mail address, password, 2-factor authentication by mobile number or authenticator app) and by accepting the Terms of Use and the privacy policy of myWINTERSTEIGER and the Second-Hand Machinery Platform, Users will be able to access both, myWINTERSTEIGER and the Second-Hand Machinery Platform.

2.2.3. By accepting these Terms of Use, Users confirm that they have been authorized by a customer to use the Second-Hand Machinery Platform.

2.2.4. Several Users can be registered for one customer.

2.2.5. Provided that Users receive the appropriate authorization from WINTERSTEIGER, they can invite other Users, who can also gain access to the Second-Hand Machinery Platform for the same customer after completing their registration. The invitation and the registration process work in the same way as described above.

3.1. The e-mail address provided during registration, a password and a further authentication factor (a link by e-mail, a text message to the mobile phone number provided or the use of an authenticator app) will serve as identification features for the login by an eligible person (User).

3.2. Users undertake to keep their identification features, in particular their password, secret and to protect these features against access by third parties. Logins should only be enabled by Users if they themselves try to log on to the platform. Users will have to follow any security instructions on the portal.

3.3. WINTERSTEIGER will deem any person using these identification features to be authorized by the respective customer to make and receive legally binding declarations. Users shall be responsible for all actions carried out using their identification features and for compliance with these Terms of Use. This shall not apply if the User is not at fault for a misuse of his/her access data.

3.4. Users shall have to change their password immediately if they suspect that an unauthorized third party has gained knowledge of it. If unauthorized use by a third party is suspected, the User concerned must notify WINTERSTEIGER immediately so that WINTERSTEIGER can block the User account in question.

3.5. Users shall have to terminate access to myWINTERSTEIGER and/or the Second-Hand Machinery Platform immediately if they are no longer authorized to act on behalf of a customer (e.g. as member of the customer's staff).

4.2. If a user account is not used for a lengthy period of time, it may be deleted after prior notification to the e-mail address last notified.

4.3. Users may, at any time, stop using myWINTERSTEIGER and/or the Second-Hand Machinery Platform. This can be done either via the customer account on the customer portal or by requesting termination from WINTERSTEIGER’s customer service (Wintersteigerstrasse 1, 4910 Ried im Innkreis, Tel. +437752919-0, e-mail office@wintersteiger.com). In this case, access by the User concerned will be blocked by WINTERSTEIGER.

5.1. The scope of services shall consist of the provision of the Second-Hand Machinery Platform which puts on display any second-hand machinery on offer and spare parts available. The products available are presented in a personalized area which is assigned to the individual Users. The portal itself contains a precise and current description of the available features and services.

5.2. The Second-Hand Machinery Platform is an additional service for customers of the WINTERSTEIGER Group and is provided free of charge until further notice. WINTERSTEIGER is under no obligation to provide the platform or certain features. WINTERSTEIGER reserves the right to change, supplement or discontinue some or all of the features and settings of the Second-Hand Machinery Platform. Users may not derive any claims whatsoever from such possible changes or supplementations or a discontinuation.

5.3. WINTERSTEIGER is providing the Second-Hand Machinery Platform in line with the current state of the art and technical availability. Users acknowledge that WINTERSTEIGER is dependent on the services of third parties, including but not limited to telecommunications network providers and mobile phone providers, and therefore the functioning of the Second-Hand Machinery Platform may be restricted or interrupted due to factors beyond WINTERSTEIGER's control. In addition, the functioning may be temporarily restricted or interrupted due to technical measures including but not limited to maintenance work, emergency maintenance services, updates or in the event of the occurrence of technical disruptions, particularly, any interruption of the power supply, or hardware or software errors. Therefore, the continuous availability and trouble-free operation of the Second-Hand Machinery Platform cannot be guaranteed. In the event of an interruption or disruption of the internet connection or the technical availability of the services, Users shall not have any right to assert claims of any kind whatsoever.

6.1. The Second-Hand Machinery Platform and its services, features and contents (especially photos, videos, etc.) shall be copyrighted.

6.2. Use of the Second-Hand Machinery Platform shall not entail any right on the part of the User and the customer to claim industrial property rights in the Second-Hand Machinery Platform and the services, features and contents it offers.

6.3. Users must not take any action that would violate WINTERSTEIGER’s or a third party’s industrial property rights in the services, features and contents provided.