Koubachi Terms and conditions
The services that can be accessed via the mobile application ("app") and Internet-based user interfaces (collectively "Services") are provided to you by:
89079 Ulm, Germany
Registered in the commercial register at the district court in Ulm under: HRB 721339
General Manager: Pär Åström, Joachim Müller
VAT No.: DE 225 547 309
2. Basic requirements
You are only entitled to establish a connection between the Services and your Koubachi hardware if you are the owner of this hardware. The use of the Services requires at least iOS 9 or Android 5. When registering for access to the Services, you accept that a personal user account is created. Your account will be managed by Husqvarna Group services and is directly linked to the specific Koubachi hardware, as well as its owner. The user account can only be accessed with a personal password of your choice. Any change in the ownership of any Koubachi hardware requires the previous owner to immediately disable the connection between the Services and the hardware.
4. Property rights
The Services and all intellectual property rights to or in connection with the Services, in particular copyrights, trademark rights and domains, belong to Husqvarna AB. Husqvarna AB reserves all rights to the Services. You are not permitted to remove, alter or obscure legal information. Your rights regarding your personal data and, in particular, your name and address remain unaffected. You are entirely responsible for maintaining the confidentiality of any user and login information that is provided to you or chosen by you. You also undertake to notify GARDENA immediately of any unauthorised use of the Services or any breach of security.
5. Charges for use of the Services
6. Information regarding Apple Inc.
7. Warranty and liability
You expressly accept that it is not possible to develop software in such a way that malfunctions are excluded in all possible circumstances of use. You expressly acknowledge the risks associated with the use of the Services that apply for most applications, such as loss of data, defects or errors.
The following conditions apply to warranty rights in relation to the Services of GARDENA:
7.1.1. Basic version
The basic version of the Services is provided free of charge without any warranty. You have no warranty rights in connection with material or legal defects in relation to the quality and performance of the basic version, with the exception of claims for damage in the case of fraudulent concealment in accordance with Sections 523 and 524 of the German Civil Code (BGB).
7.1.2. In-app purchases
You expressly acknowledge that the chargeable Services are not completely error-free, as is the case with all mobile applications. If the Services purchased otherwise contain defects, or if they do not contain the features described in the offer, GARDENA is entitled to remedy such defects at its own discretion either by replacing the defective Service or by remedying the defect ("supplementary performance"). You are then only entitled to reduce or to withdraw from the contract if GARDENA's attempts to remedy the defect have failed.
You expressly acknowledge that the chargeable Services are not completely error-free, as is the case with all mobile applications. If the Services to which you subscribe otherwise contain defects or if they do not contain the features described in the offer, you are entitled to demand that GARDENA rectify these defects. The strict liability pursuant to Section 536a of the German Civil Code is excluded.
GARDENA's liability for damages—regardless of whether from contractual or non-contractual claims—is governed exclusively by the following provisions: GARDENA is liable for damages resulting from injury to life, limb or health that are based on a negligent or intentional breach of duty, in accordance with the statutory regulations. In accordance with the statutory regulations, GARDENA is also liable for damage claims based either on deliberate or grossly negligent conduct by GARDENA, including its representatives or vicarious agents, or on GARDENA's culpable breach of an essential contractual obligation. GARDENA's liability for damages in these cases will however be limited in amount to foreseeable, typically occurring damages, except in the event that GARDENA acted intentionally or with gross negligence or in the event that its representatives or vicarious agents acted intentionally. In this context, the term "essential contractual obligation" is used to denote a material breach of duty that is specifically described in the contract and that jeopardises the achievement of the purpose of the contract. The essential contractual obligation is an obligation that must be met in order to enable proper execution of the contract and that the contractual partner can regularly rely on to be observed. In addition, GARDENA is liable under the mandatory provisions of the German Product Liability Act (ProdHaftG) dated 15 December 1989. Otherwise, GARDENA's liability for damages is excluded. Therefore—unless otherwise stipulated above—GARDENA will not be liable for damages that were not caused to the Services themselves (for example, loss of profits or other purely pecuniary loss to the buyer), for claims for damages resulting from the breach of secondary obligations arising from a contractual obligation or the law, for example incorrect advice, care or clarification, packaging design and instructions regarding handling, or for claims arising from non-contractual liability, including product liability in accordance with Section 823 of the German Civil Code. Insofar as GARDENA's liability is excluded or limited, this also applies to the personal liability of its staff, workers, employees, representatives and vicarious agents.
8. Termination of the service
10. Cancellation right
You have the right to cancel this contract within fourteen days without giving a reason. The cancellation period is fourteen days starting from the day on which the contract is concluded (e.g. installation of the app or other access to the Services). To exercise your cancellation right, you must inform us of this (GARDENA GmbH, Hans-Lorenser-Strasse 40, 89079 Ulm, Germany; tel.: +49 (0) 7 31 4 90-0; fax: +49 (0) 7 31 4 90-219; email: email@example.com) by means of a clear statement (e.g. by post, fax or email) of your decision to cancel this contract. The cancellation period will be deemed to have been complied with provided that you send notification that you are exercising your cancellation right before the expiry of the cancellation period.
10.1. Consequences of cancellation
11. Applicable law
12. Contact information
If you have any questions regarding the Services, please contact:
Last modified: 25 April 2018