WEBSITE TERMS AND CONDITIONS OF USE

  • 1. General Provisions

    • 1.1 These website terms and conditions of use (hereinafter: "General Terms and Conditions") regulate the contractual terms and conditions to which the user, whether registered or not (hereinafter, "User") can use the website http://www.elesa-ganter.in (hereinafter: "Website") and use the services (hereinafter: "Services"), offered through the Website by Elesa and Ganter India Private Limited (hereinafter: "Company") - company operating in distribution of standard components for the mechanical, machinery and industrial equipment industry (hereinafter: "Products").
    • 1.2 The access to the Website, through the mere use of the same or after expressing the appropriate consent, implies full knowledge and acceptance of the General Terms and Conditions, in the version in force at the time of such access and for an unlimited duration.
    • 1.3 The Website, its Services and all content related to the Products made available through it (hereinafter: "Contents") are provided exclusively for use in accordance with the General Terms and Conditions.
    • 1.4 The Website is dedicated to the following categories of Users: a) customer and therefore a natural person not conducting business activity or a legal entity/natural person conducting business activity treated by consumer legislation as equivalent to a consumer; or b) professional and therefore a legal entity or natural person conducting business activity with a GST number who acts while carrying out their entrepreneurial, commercial, artisan or professional activity, or their intermediary. Consequently, both categories of subjects can access and use the Website.

  • 2. Account registration

    • 2.1 The access of the Website is allowed to registered and non-registered Users. To create an account and use the Website, the User must be at least 18 years old.
    • 2.2 In order to access to certain Contents, the User may be required to register. Such registration is free. In this regard, the User must first create an account (hereinafter, "Account"):
      1. by filling in the registration form located in the provided section of the Website while providing the required personal data;
      2. by entering the e-mail address and choosing a password;
      3. by giving consent for the General Terms and Conditions, checking the appropriate flags;
      4. by reading the privacy policy and, if necessary, giving the required consent, checking the appropriate flags;
      5. by accessing the registration confirmation link that the Company will send to the e-mail address provided pursuant to letter b.
    • 2.3. It must be noted that the Website's operating system does not allow the creation of two Accounts with the same email addresses. The User may change the password at any time.
    • 2.4 The User warrants that any information provided for purposes of the registration procedure as per this article 2, is true, accurate, complete and up-to-date.
    • 2.5 It's been understood that the Company shall reserve at any time the right to prevent the User from the login to the Website by disabling or deleting the Account or Accounts created by the latter, without the User being able to raise any claims in this regard, if the User:
      1. provides personal information that is false, not current or incomplete;
      2. uses the Website, and/or its Services and/or its Contents for unlawful purposes or to introduce unlawful contents into the network or contents that breach third party rights;
      3. violates the General Terms and Conditions.
    • 2.6 The User declares to assume full and exclusive responsibility of the credentials' secrecy to access its Account. Therefore, the User shall be the only one responsible for any activity that is carried out through its own Account and will be liable for damages caused by improper use of the access credentials referable by the latter to third parties, as well as liable for any use of the entire or part of the Website, its Services and its Contents in breach of the General Terms and Conditions, including the contents of the information entered to the Website, thereby accepting to be the only one responsible. If the User becomes aware of an unauthorised use of the login credentials referable to the User itself, the latter must report this immediately to the Company. In this case, the User must quickly change its own password by following the instructions provided by the system.
    • 2.7 The agreement on the provision of the Services involving the Account on the Website is concluded for an indefinite period of time. User may request for the cancellation of the User's Accounts at any time by notifying the Company to the e-mail address info@elesa-ganter.in and by specifying in the subject "Registration Cancellation Request". The Company shall cancel and disable the login to the Account within 48 (forty-eight) hours after receipt of request by the User. It is understood that the Account's cancellation will involve the impossibility of accessing to certain Contents of the Website that are available after registration.

  • 3. Services and Contents

    • 3.1 The Services to which is possible to access through the Website will be specifically illustrated, for both registered and non-registered Users, within the same.
    • 3.2 By accessing the Contents the User can view a graphical representation of the Products and know their technical characteristics. All measurements shown on the Website are given in millimetres (mm), unless otherwise specified, and rounded to the nearest unit. Assignments of mounting tolerances are specified, where applicable, in the dimensional table for each product. The weights specified in the tables, expressed in grams, are approximate and are not binding. If further product data is needed, the User will contact the Company's sales service at the email address info@elesa-ganter.in for a specific request.
    • 3.3 If the User purchases Products from the Website, the General Conditions of Online Sales will apply to the sales.

  • 4. User's obligations

    • 4.1 The Website and all the Services and Contents available thereof are provided exclusively for the User's use and in compliance with the General Terms and Conditions in force. The User expressly acknowledges that the Website and all the Services and Contents available thereof are used at its own exclusive and complete responsibility.
    • 4.2 The User undertakes to use the Website, the Services and the Contents exclusively for lawful purposes and permitted by the applicable legal provisions in force, the uses and customs and the rules of diligence, in any case without damaging the rights of the Company or third parties or without causing any damage to the Company or third parties. In particular, it is expressly forbidden for the User to:
      1. engage, through the Website, Services and Contents, in any action that may be unlawful, damaging, threatening, abusive, harassing, defamatory or slanderous, vulgar, obscene, detrimental to the confidentiality of others, racists, class-based or in any case reprehensible;
      2. cause, through the Website, Services and Contents, a damage to any one in any way;
      3. falsify its own identity;
      4. forge headers or otherwise tamper with distinctive marks or instructions with the purpose of counterfeiting the origin of the Website, Services and Contents;
      5. interfere or interrupt or manipulate the Website, Services or Contents, and servers or networks connected with the same;
      6. violate any law or applicable regulation, whether intentionally or not.
    • 4.3 The User is required to keep confidential all information specifically and directly received by the Company through the Website, taking all appropriate measures to ensure adequate protection and in order to ensure the confidentiality of their content, also responding for the actions and conduct of any of its employees and other auxiliaries and/or collaborators if it is a professional according to the provisions under article 1.4 above.
    • 4.4 The User undertakes to indemnify and hold the Company harmless from any claim, request, complaint or prejudicial effect that may be caused by using the Website, the Services and the Contents in breach of these General Terms and Conditions.

  • 5. Suspensions, interruptions, modifications of the Website, its Services and Contents

    • 5.1 The User acknowledges and accepts that the use of the Website, its Services and Contents may be subject to suspension or interruption, in whole or in part, in order to allow ordinary and extraordinary technical interventions, or for reasons of force majeure or beyond the control of the Company.
    • 5.2 The Company also reserves the right to modify the Website, its Services and Contents, even without prior notice or acceptance by the User.

  • 6. Intellectual property rights

    • 6.1 Although the Website is managed by the Company, all intellectual property rights relating to the Contents and, in particular, to the trademark ELESA+GANTER remain the exclusive co-property of ELESA S.p.A. and OTTO GANTER GmbH & Co. KG.
    • 6.2 The User undertakes not to use or reproduce in any way and for any purpose the Contents, including logos, trademarks and distinctive signs, even if of third parties, as well as any other information or material on the Website, without the written authorisation of the Company or third party to which the trademarks, logos, distinctive signs and other information or material refer to.
    • 6.3 The User is therefore expressly forbidden to modify, reproduce or use in any way the Contents, the editing, graphics, layout and "look and feel" of any web page on the Website. Notwithstanding the foregoing, the User may download the Contents for the purpose of purchasing the Products and/or for the sole purposes of the User's internal, non-commercial use functional to using the Products, and is prohibited from redrawing them and/or making any disclosure, using any means, and/or from any commercial form of exploitation and/or use.
    • 6.4 The Company does not warrant or represent that the Website, its Services and Contents, will not infringe rights of third parties not owned and controlled by the Company. If the User deem that any content or any service of the Website violates its own rights or those of a third party (even, but not limited to intellectual property rights), the User may send ELESA+GANTER a written notification, even by e-mail to info@elesa-ganter.in.

  • 7. Warranties and certification

    • 7.1 The Company ensure that the Website, the Services and the Contents have the best possible quality and are reasonably up to date, but does not declare or warrant that they are complete, accurate, error-free, reliable, or that the servers that make them available are free of viruses or other harmful components. The Company, also, does not guarantee that any errors in the Website, the Services and/or Contents are promptly corrected or removed.
    • 7.2 The User expressly acknowledges that:
      1. the Company, within the limits permitted by mandatory provisions of law, does not guarantee that the Website or its Contents will meet the User's expectations or that their use will allow the gain of any benefit or usefulness whatsoever or that the Website will run without interruptions, on time, and in a secured manner;
      2. to the extent required by law, the Company may not be held liable in case of delays, malfunction or interruptions in the operation of the Website and will not assume any responsibility for damages of any sort and nature that may be caused to the User or to a third party as a result of the use or non-use of the Website and its Services and Contents.
    • 7.3 The Contents will contain purely illustrative indications which do not in any way commit the Company about their correspondence with the Products, such as photographs and possible applications of the same.
    • 7.4 The quality system of ELESA SpA - Monza (Italy) has an ISO 9001 certificate issued by BSI (Certificate No. FM23747) in 1993. The quality system of OTTO GANTER GmbH & Co. KG - Furtwangen (Germany) has an ISO 9001 certificate issued by DQS (Certificate n. 002946 QM) in 1994.

  • 8. Privacy

    • 8.1 The Company undertakes to comply with all obligations envisaged in the applicable data protection laws in India.
    • 8.2 For a detailed description of User's personal data processing, the Company encourages the User to read the Privacy Policy Statement and to provide any required consent if he/she deems it necessary by checking the appropriate flags.

  • 9. Amendment

    • 9.1 Any amendment that the Company may make at its own discretion to the General Terms and Conditions will be published on the Website and will become binding for the User by virtue of the mere access to the Website.
    • 9.2 The Company carries out a constant research and development activity regarding the Products in order to constantly improve their quality. Therefore, it reserves the right to modify the Contents at any time and without prior notice. Information relating to a Product within a Content replace and cancel the information referred to the same Product within previous version of a Content, or other advertising and/or promotional material of the Company.
    • 9.3 It has been understood that it is the User's burden and responsibility to periodically check the General Terms and Conditions.

  • 10. Complaints

    • The name and contact details of the grievance officer are provided below:
    • Each User has the right to file a complaint in matters related to the functioning of the Website.
      Complaints are examined by Elesa and Ganter India Private Limited GSTIN: 09AACCE2571R1Z3, which is registered in A-54, Sector-83, Noida-201305(UP), phone +91 120-4726666, e-mail info@elesa-ganter.in. Complaints will be accepted in writing or electronic form sent to the above contact points.
      All complaints should include the name, surname, exact address of the User, date and as well as a detailed description of the complaint.
      The Company will acknowledge the receipt of any complaint within forty-eight hours and redress the complaint within 30 days of its receipt.
      The response to the complaint will be sent to the User at the address provided by the User in the complaint.

  • 11. Law and jurisdiction

    • 11.1 These General Terms and Conditions are subject to the relevant regulations, including the Indian law.
    • 11.2 Any disputes arising from or in relation to these General Terms and Conditions shall be subject to the exclusive jurisdiction of the courts at Noida, India.

  • 12. Contacts

    • 12.1 For any clarifications about the Website, its Services and Contents, or these General Terms and Conditions, a FAQ page on the Website is provided.
    • 12.2 The User may also contact the Company by filling in the form provided in the Website at the "call me back" section. The User will be contacted through the data provided in that form.
      The use of services is possible with a terminal device that meets the following minimum technical requirements:
      • technical parameters of a computer or electronic device for Internet browsing: Processor: 1 GHz or faster, 32-bit (x86) or 64-bit (x64); RAM: 1 GB (32-bit system) or 2 GB (64-bit system), graphics card;
      • the device should meet the minimum requirements of the installed system software and guarantee comfortable operation by the User.
      • having permanent access to the Internet;
      • a program that allows the User to call up and view hypertext (HTML) files on the computer screen (or other electronic device). Preferred web browsers:
        • Edge
        • Firefox
        • Chrome
        • Safari
        • Android
        • Microsoft Internet Explorer