Terms and Conditions

This site, shop.boschtools.com (“the Site”) is operated by the Robert Bosch Tool Corporation (“Bosch Tool”).

By accessing or using this Site (including any current and future version of the Site) and/or downloading/using any material, information, software or services available thereon (collectively “Content”), you agree to the terms and conditions that follow (the “Terms of Use”) and the terms and conditions of Bosch Tool's Privacy Policy as they may be modified from time to time by us and acknowledge that you are forming a binding, enforceable legal contract between you and Bosch Tool. By accessing or using the Site and/or downloading/using Content, you represent and warrant that you have the right, power and authority to agree to and to be bound by the Terms of Use and Privacy Policy and to enter into a legal contract. If you do not agree to the Terms of Use or Privacy Policy, or if you do not have the right, power, and authority to agree to and to be bound by the Terms of Use and Privacy Policy and/or enter into a legal contract, you must immediately cease use of the Site.

 

Purpose of Site

The information, materials and services offered on this Site are provided solely for general information. Your use of the Site is conditioned on the understanding that the material and information on the Site is not offered as guidance or advice on any matter, but rather, is provided simply for your benefit as a reference.  Bosch Tool will not be responsible for any action or failure to act in reliance upon information on the Site or any third-party online location that may be accessed by a link from the Site. In addition to your use of the Site, your use of Content is subject to the additional terms, disclaimers and caveats that appear in the Terms of Use, Privacy Policy and throughout the Site.

 

Limitations on Use of Site

Any Content, including, but not limited to, data, text, software, music, sound, photographs, images, graphics, video and messages contained on this Site may be proprietary to Bosch Tool, its licensors and/or contributors of such Content. The organization and layout of the Content are proprietary to Bosch Tool and are protected by copyright and other laws. You may not remove or alter any copyright information, whether ostensible (e.g., ©) or inostensible (e.g., digital “watermarks”) employed by the owners or representatives of such proprietary Content to identify or protect their works.

 

Bosch Tool hereby grants to you a nonexclusive, nontransferable, revocable license to use only those portions of the Content that are made available to you by Bosch Tool on the Site for your personal, noncommercial use subject to and in accordance with the terms and conditions of these Terms of Use and any other limitations and conditions established by Bosch Tool from time to time.

 

You may not, except as expressly set forth above, or otherwise expressly or impliedly provided on the Site: (a) distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including in electronic form) any portion of the Content; (b) modify, merge or create derivative works of any portion of the Content; or (c) decompile, disassemble or reverse engineer any Content on the Site;

 

You must be at least eighteen (18) years old, have legal capacity to enter into a contract with Bosch Tools, and use the Site in accordance with the Terms. You ensure that all information You provide when placing Your Order is up to date, accurate, and sufficient for fulfillment of Your Transaction.

 

If You are a new customer, before being able to place Your Order, You may be required to create an account and provide accurate information including an email address and telephone number at which you can be contacted. You can find specific details regarding Your Transaction and/or Offerings by logging into your account.

 

Price, Payment Terms, and Payment Methods.

Prices paid are those in effect at the time of delivery, unless expressly agreed otherwise. Despite our efforts, occasionally an error or inaccuracy in the price or description of an Offering may inadvertently occur on the Site. In such case, Bosch Tools will contact you for instructions before delivery where you have the option to (i) cancel Your Order at no cost, or (ii) proceed with Your Order based on the revised information when possible.

Bosch Tools reserves the right to withdraw any discount and/or to revise any price(s) on the Site or for our Offering(s) at any time prior to acceptance of Your Order. The final Transaction price will be reflected prior to the confirmation of Your Order.

The places or countries that Bosch Tools delivers the Offering to the United States only. Unless otherwise specified,* prices quoted on the Site are:

•            Exclusive of the costs of shipping or handling to the place of delivery within the Territory (charges for which are referenced on the Site), if applicable; and

•            Exclusive applicable taxes must be added to the price payable.

You agree to pay any applicable taxes, shipping or handling for the Offering(s) as specified when you submit your Order. Any cost associated with accessing the Site is your responsibility and is dependent on Your Internet service provider.

 

Payment may only be made using the payment options available and specified on the Site.

 

Bosch Tools reserves the right to use authorized third parties to assist with certain payment processing and transactional functions, which may include the use and secured transfer of your personal and/or payment information. Bosch Tools also reserves the right to change or amend authorized third parties. Our use of third parties benefit you by allowing us to offer a variety of payment methods and decrease failed Transactions.

 

For credit/debit card payments, with your consent and in accordance with our Privacy Policy.

 

Bosch Tools reserves the right to verify credit/debit card payments prior to acceptance of Your Order.

 

Delivery and Risk of Loss and Damage.

1.           Delivery times and dates referenced to on the Site or in any communications from Bosch Tools are estimates only, and Bosch Tools is not liable in the event of a delivery delay. The delivery of your Order occurs promptly after Bosch Tools accepts the Order, and no later than thirty (30) days from the date you submitted your Order via the Site. In the unlikely event that we are unable to deliver within this time, You will have the option to i) allow more time for Your delivery, or ii) cancel Your Order and obtain a refund for prior payment for that Order.

 

2.           Changes made to your Delivery Address after you submit an Order may cause a delivery delay. Bosch Tools  may charge you for any extra costs arising from changes made to your Delivery Address after You submit an Order.

 

3.           All risk in the Offerings, including risk of loss or damage, passes to You upon delivery or when placed in Your possession.

 

4.           If You refuse or fail to take delivery of the Offering, provided in accordance with these Terms, any risk of loss or damage shall nonetheless pass to You, without prejudice to any other rights or remedies Bosch Tools  may have, including:

 

5.           Bosch Tools shall be entitled to immediate payment in full for the Offering delivered and to effect delivery by whatever means Bosch Tools considers appropriate, or to store the Offering at your risk and expense;

 

6.           You shall be liable to pay on demand all costs of the Offering’s storage and any additional costs incurred as a result of Your refusal or failure to take delivery; and

 

7.           If you refuse or fail to take delivery for a period of 30 days, Bosch Tools may dispose of the Offering transacted by You at Bosch Tool's discretion.

 

Refunds and Returns. Please review Bosch Tool's Return Policy, which should also be known in some jurisdictions as a cooling off period. Most of Bosch Tool’s Offerings purchased via the Site include a 30 day refund if you are not satisfied for any reason. Your eligibility for a refund may depend on the Offering, duration since the Transaction, the current state of the product(s), replacement availability, etc.  Bosch Tools holds the right to not refund shipping costs.

 

You may not alter, unbundle, or break any Bosch Tools’ Offering down to components for distribution, transfer, resale or any other purposes. You are strictly prohibited from separating a license key from any Offering and transferring to a third party for any purposes.

 

Cancellation Policy

1.           Bosch Tools does not guarantee the ability to cancel an order once placed on the site. We will do our best effort to stop an order once placed by calling 844-532-6724, however due to timing we may not be able to stop the shipment. This order is still eligible for our refund policy.

 

 

When using the Site or Content, you may not:

(1) upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound, photographs, images, graphics, video, messages or other content that (a) is unlawful, threatening, abusive, harmful, libelous, tortious, defamatory, obscene, vulgar, racially or ethnically offensive or otherwise objectionable; (b) infringes any patent, copyright, trademark, trade secret, or other proprietary right of any party or violates the privacy or publicity rights of any party; (c) you know or, with the exercise of reasonable effort, should know to be false, misleading, or otherwise unreliable; or (d) you do not have a right to transmit under any law, contractual obligation (i.e., nondisclosure agreement) or fiduciary duty;

(2) encourage or engage in illegal activity;

(3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

(4) upload, post, e-mail or otherwise transmit any material that contains software viruses, files or programs designed to interrupt, modify, damage, improperly access, disable, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(5) interfere with or disrupt, or attempt to interfere with or disrupt, the Content or servers or networks connected to the Site;

(6) violate these Terms of Use or any applicable local, state, national or international law, rule, regulation or ordinance;

(7) engage in any fraudulent activities or otherwise interfere with or disrupt, or attempt to interfere with or disrupt, the activities of other users of the Content or the Site;

(8) use any robot, bot, spider, other automatic device, or manual process to monitor or copy the Site or any Content contained thereon without Bosch Tool prior expressed written permission; or

(9) use any software, device, routine, or manual process to interfere or attempt to interfere with the proper functioning of the Site or the Content.

Ownership

You acknowledge that Bosch Tool, its licensors and/or contributors of Content to the Site (collectively “Content Owners”) have and shall retain exclusive ownership of all proprietary rights in or to such Content, including the format and presentation thereof. You shall have no right or interest in any Content except the right to use the Content as set forth in these Terms of Use. You acknowledge that the Site and the Content has been created, compiled, prepared, selected and arranged by the Content Owners through the expenditure of substantial time, effort and money, and that it constitutes the valuable property of the Content Owners. You agree to take all necessary precautions to comply with all copyright, trademark, trade secret, patent, contract and other laws necessary to protect all rights in the Content, and to not remove, conceal or obliterate any copyright management information or other proprietary notice included in the Content.

Trademarks

The Site employs various trademarks and service marks of Bosch Tool or other Bosch affiliates. You may not use or display such marks in any manner without the prior written permission of Bosch Tool. This Site may also employ other trademarks and service marks that are the property of third parties, or are licensed to, or owned by Bosch Tool. All of these trademarks and service marks are the property of their respective owners. You agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.

Copyright Infringement Claims and Designated Agent

It is the policy of Bosch Tool to respond to claims of intellectual property infringement. Bosch Tool will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws.

Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated

Agent for this site:

Robert Bosch Tool Corporation

1800 W Central

Mt. Prospect, IL  60056

 

To be effective, the notification must be a written communication that includes the following:

1.           A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2.           Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3.           Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

4.           Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

5.           A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;

6.           A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

Third-Party Links

The Site may include links to other online sites or locations, such as news and other information, some of which may be operated by Bosch Tool and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not reviewed the information on other sites and are not responsible for the content of any other sites or any products or services that may be offered through other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites and it is your responsibility to comply with such other terms and conditions.

Remedies for Breach

Upon your breach of any of the provisions of these Terms of Use, Bosch Tool’s remedies shall include any monetary benefits that accrued to you as a result of the breach, any damages incurred by Bosch Tool related to such breach, and any other damages and relief available at law or in equity. If Bosch Tool retains any third party to obtain any remedy to which it is entitled under these Terms of Use, Bosch Tool shall be entitled to recover all costs, including attorneys' fees or collection agency commissions that Bosch Tool incurs.

IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE, CONTENT, OR SERVICES OR THE SYSTEMS TRANSMITTING THEM TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES) ARISING FROM THAT DISRUPTION.

Indemnity

You agree to indemnify and hold harmless Bosch Tool and its affiliates and their respective officers, agents, partners, directors and employees, from and against any third party claim or demand (including reasonable attorneys’ fees), arising out of or relating to your use of the Site. You shall cooperate as fully as reasonably required in the defense of any such claim or demand. Bosch Tool reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense.  Neither you nor Bosch Tool shall not in any event settle any such matter without the written consent of the other.

Disclaimers

THE SITE AND THE SITE'S CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND. BOSCH TOOL EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES (A) AS TO TITLE, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, (B) AS TO THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENTS OF THE SITE AND (C) AGAINST INFRINGEMENT FOR ANY CONTENT FEATURE OR SERVICE AVAILABLE ON THE SITE OR LINKED TO THE SITE. BOSCH TOOL DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE OR SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR SERVICES WILL BE SECURE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOSCH TOOL SHALL CREATE ANY WARRANTY OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. BOSCH TOOL RESERVES THE RIGHT, TO THE EXTENT THAT IT HAS ABILITY TO DO SO, TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE, SERVICES OR ANY FEATURE OR PART THEREOF AT ANY TIME. IF YOU DOWNLOAD ANY CONTENT FROM THE SITE OR USE SERVICES OFFERED ON THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOSCH TOOL OR THROUGH OR FROM THE SITE, CONTENT, OR SERVICES SHALL CREATE ANY WARRANTY OF ANY KIND.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT (A) BOSCH TOOL AND ITS RESPECTIVE OFFICERS, AGENTS, PARTNERS, DIRECTORS AND EMPLOYEES AND (B) ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING BOSCH TOOL CONTENT OR SERVICES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE, CONTENT, OR SERVICES OR ANY OTHER SITE, CONTENT OR SOFTWARE, SERVICES YOU ACCESS THROUGH A LINK FROM THE SITE, CONTENT, OR SERVICES, OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC OR OTHER MESSAGES YOU SEND US. THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.

YOU RELEASE (A) BOSCH TOOL AND ITS RESPECTIVE OFFICERS, AGENTS, PARTNERS, DIRECTORS AND EMPLOYEES AND (B) ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, CONTENT, OR SERVICES FROM CLAIMS, DEMANDS AND DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, AND ANY OTHER DAMAGES) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, CONTENT, OR SERVICES.

UNDER NO CIRCUMSTANCE WILL BOSCH TOOL OR ANY OF ITS RESPECTIVE OFFICERS, AGENTS, DIRECTORS, PARTNERS, OR EMPLOYEES BE LIABLE IN ANY WAY FOR ANY USER CONTENT OR ANY USER'S USE OF THE SITE, CONTENT, OR SERVICES, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN OR ON THE SITE, CONTENT OR SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE, CONTENT OR SERVICES.

Modifications to Site and Content

Bosch Tool is continuously updating and changing the Site's Content and services and reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part thereof with or without notice. You agree that Bosch Tool shall not be liable to you or to any third party for any modification, suspension or discontinuance of such Content or service.

Arbitration, Choice of Forum and Choice of Law

You and Bosch Tool agree to submit all disputes between them arising out of or relating to the Terms of Use and Privacy Policy, the breach, alleged breach or interpretation thereof, or your use of the Site and the Content to binding arbitration except that this provision shall not apply to requests for injunctive relief.  Within thirty (30) days after you or Bosch Tool has notified the other in writing that it is submitting a dispute to arbitration, one arbitrator shall be chosen under the then current Rules of the American Arbitration Association (hereinafter "AAA") pertaining to commercial disputes.  The ensuing arbitration shall be held in Chicago, Illinois, and shall be conducted according to the Rules of the AAA.  The arbitration award shall be by a written decision containing findings of fact and conclusions of law and shall be final and binding.  It may be entered in and enforced by any court of competent jurisdiction.  The party prevailing in the arbitration or any other legal proceedings shall be entitled to recover its costs including reasonable attorney's fees incurred due to the arbitration or other legal proceedings. In no case shall the arbitrator be authorized to award cost and damages otherwise prohibited herein.

 

The Terms of Use, Privacy Policy and your use of the Site and the Content shall be governed by and construed in accordance with the laws of the State of Illinois without regard to Illinois' choice of law rules, it being the intent of the parties that the internal laws and forum of Illinois shall govern any and all disputes arising out of or relating to the Terms of Use, Privacy Policy or your use of the Site and the Content.  You consent to the jurisdiction of the state and federal courts of the State of Illinois for purposes of injunctive relief and enforcement of an arbitration award, consent to service of process by mail for purpose of instituting such legal proceedings.

Severability

In the event any portion of the Terms of Use is determined to be illegal, invalid or unenforceable in any respect, such part shall be deemed severed from the Terms of Use without invalidating the remaining provisions of the Terms of Use or affecting the enforceability of such remaining provisions.

Waiver

No waiver by Bosch Tool of any right under or term or provision of the Terms of Use or Privacy Policy will be deemed a waiver of any other right, term, or provision of the Terms of Use or Privacy Policy at any time.

Changes to the Terms of Use and Privacy Policy

We reserve the right, in our complete and sole discretion, to change the Terms of Use and Privacy Policy at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to the Terms of Use and Privacy Policy. Your continued use of this Site following the posting of changes to these terms or other policies means you accept the changes.

Other Agreements

Notwithstanding anything to the contrary herein, if you and Bosch Tool have entered into a separate written agreement that covers your use of the Site or any Content thereon, including Bosch Tool software (if applicable) or services (including, without limitation, any license agreement or non-disclosure agreement), the terms and conditions of such agreement shall control to the extent they are inconsistent with these Terms of Use.