General Terms and Conditions for the Use of “partslink24”

General Terms and Conditions of Business (hereinafter referred to as "T&C") of GFA E-Commerce Security CA Co.,Ltd. (hereinafter referred to as "GFA") applying to the internet service "partslink24 (www.partslink24.com.cn)" offered by GFA.

Version: March 2021 issued by GFA

(The T&C set out below also include legal information pursuant to the Peoples Republic of China law of internet product transactions and consumer rights and interests.)

§ 1 Scope of Application

The user accepts these T&C by clicking on a button designed for this purpose during the registration process or by selecting a subscription. Users may access these T&C at any time also after conclusion of the contract by following the "T&C" link which is available anywhere on partslink24 (on the top right of the website).
The terms and conditions set out below shall apply to all contracts between users of partslink24 and GFA relating to the use of partslink24. Users of partslink24 are usually entrepreneurs; however, the service is also open to consumers. Those provisions of the T&C that relate specifically to entrepreneurs are identified accordingly.
Any deviating, contrary or supplementary T&C shall not become an integral part of the contract unless their validity has been expressly agreed to in writing.

§ 2 Definition of rights

All rights of copyright of the software and services of partslink24 are reserved by LexCom Informationssysteme GmbH, Munich, Germany (hereinafter referred to as “LexCom”), the right of operating www.partslink24.com.cn in China is reserved by GFA. LexCom is providing GFA with thepartslink24 software. The partslink24 content as well as the provided or published spare parts related data in www.partslink24.com.cn fall under the responsibility of the respective original equipment manufacturer (OEM).
GFA assume no responsibility for spare parts related data, business transactions of dealers or its parts sales.

§ 3 Scope of Services

partslink24 offers information of various automotive manufacturers about their genuine spare parts. In addition, users are offered to use the partslink24 platform to make inquiries without commitment relating to genuine spare parts of these automotive manufacturers from providers registered with partslink24 (usually authorized dealers) and these inquiries may result in purchase orders. partslink24 offers an average monthly availability of 98.5%, except for a scheduled maintenance window on Sundays from 6:00 a.m. to 4:00 p.m. (German time) and except for any causes which are beyond the responsibility of GFA. The use of partslink24 is subject to a charge. The amount of the fees is displayed for the selected product on registration. The prices appear under the "Subscription " field depending on the specific country. If the use of partslink24 should be free of charge during any previously announced pilot phases, its use shall be at the user's own risk.
GFA & LexCom shall not be responsible in the course of rendering its services for (a) the completeness of the spare parts entered into its database (b) the completeness and accuracy of the data and information provided by the manufacturers (including their respective general terms and conditions) since the compilation of these data is beyond the control of GFA & LexCom. Whenever any deficiency regarding the data should become apparent, GFA & LexCom will immediately inform the manufacturer concerned and make corrected data available. The “RRP” spare part prices displayed are recommended retail prices specified by the manufacturers. Only the individual seller can provide binding pricing information and publish it in partslink24 at its own discretion. All prices shown can be changed at any time without notice.
The partslink24 concept is understood as an offer to facilitate the flow of information from the manufacturers to the actors in the secondary market such as, for example, authorized car dealers or spare part dealers and brand-independent car repair shops. The parties enter into a business relationship by the buyer sending an inquiry without commitment (clicking the "Send" button on the "Validate & Send" page) and the seller accepting the inquiry. Any subsequent conclusion of contract, delivery and payment of the spare parts between the users (prospective buyers and dealers) is beyond the responsibility of partslink24.
partslink24 itself offers neither spare parts nor information beyond the contents of the database.
partslink24 offers users registering as dealers to make their general terms and conditions, purchasing and shipping modes available for access via the menu option "Administration > Edit dealer data".

§ 4 Obligations of Spare Part Dealers

Spare part dealers are obliged to process inquiries received via partslink24 with due care and in due time, make inquiring persons aware of any obvious errors and handle the inquiry in the further course of the transaction in accordance with generally accepted business practice. However, there is no obligation to submit a purchase offer in response to an inquiry. If an inquiry should be rejected, the prospective buyer shall be informed accordingly without delay. The same shall apply in case of any changes, replacements or additions in the dealer's offer in relation to the prospective buyer's inquiry. A purchase order with binding effect shall only be created by the prospective buyer accepting an offer from the dealer. The status of inquiries is evident from the status field of "Received orders/offer requests". For the meaning of the various status indications, please refer to the online help.

§ 5 Registration

Users must register with true and correct information in order to use partslink24. For this purpose, the user's first step is to enter their customer data, select a password and click “Continue”. In the next step (“Availability of data"), the user is shown additional information about the selected subscription and the range of functions in the selected country. The user acknowledges this information, confirms acceptance of the present T&C and confirms this information by clicking the "Continue" button.
In the next step ("Payment options"), the user is presented a summary of the data that are essential for the registration procedure. The user selects the desired payment method and enters the user's payment data if necessary. By clicking the "Pay now" button.
In the next step (" corporate information/personal information "), in order to ensure the authenticity and correctness of the registration information and guarantee the rights and interests of users, users should complete the real-name verification of personal or corporate information according to the prompts on the page, and confirm by clicking "submit corporate information" or "submit personal information". If the information provided does not pass the verification, it will not be able to proceed with the next payment. GFA reserves the right to review the registration information. If the registration information provided is not true, correct or complete, the user shall bear the corresponding responsibilities and consequences arising therefrom. GFA has the right to prohibit the user from accessing and subscribing to partslink24.
In the next step ("Order"), the user is presented a summary of the data that are essential for the registration procedure. By clicking the "Next Step" button, the user accepts GFA's offer to conclude a user contract, also referred to as a subscription, for the use of partslink24.
Registration is only permitted to individuals and legal entities with full legal capacity to contract. If the user is registered by a representative, GFA shall be entitled to demand proof of power of representation. The details concerning this power of representation shall be defined by GFA and the representative must be named (e.g. “Managing director” entry in the field “Position”.
GFA will inform the user about the completion of registration by (non-encrypted) e-mail. Along with this the user will be assigned a partslink24 ID (company ID) and a username. This partslink24 ID and the username serve as a unique identification of the user. Furthermore, the user shall be required to verify their e-mail address in partslink24 using a link or code contained in the e-mail in order to activate their account for the first time. The user may change the password at any time while using partslink24. GFA will never ask a user for the password by e-mail or on the telephone. If a user having administrator rights - usually named "admin" - is permitted to create further users under the same partslink24 ID, the admin user shall register such users accordingly with true and correct data and make them aware of the necessity to maintain secrecy about the access information.
A user contract may also be created if the user is invited by GFA to temporarily use partslink24 free of charge. This may happen either by communication of a pre-configured partslink24 ID (company ID), a user name and a password, or by the user having previously entered their personal details via the Amigo do partslink24 app or by clicking on a link that is sent to the user by email by means of image-text page sending. On the partslink24 homepage, the user will then be prompted to register with their customer data. The user contract is concluded by the user clicking on the "Register" button on completion of the input. Finally, the user will receive an email- from GFA containing their user data.
The user can benefit from partslink24 by optimizing the spare part purchasing process with a dealer after registration and initiating a business relationship with a dealer by submitting an inquiry. The dealer is at liberty to respond to the inquiry and enter into a business relationship or not. This is affected accordingly by processing the inquiry or not. Inquiries can also be sent through illustration-text transmission. This feature allows dealers to e-mail individual catalogue pages from different LexCom applications to their customers via a link (valid for 24 hours). After opening the link, the recipient can either log in with his or her partslink24 login data (if available) or visit the partslink24 catalogue page as a guest. An online order for the parts listed on the page can then be placed with the sender.
GFA reserves the right to cancel a user's registration at any time without prior notice and add user information to the list of abnormal users and prohibit users from accessing and subscribing partslink24 in case of any false statements when registering, violation of the duties arising from the user contract (particularly §§ 4 and 7) or misuse of the partslink24 portal.
Only auto parts dealers, auto repair shops, 4S shops and insurance companies can be registered as commercial users, users should tick the enterprise type truthfully. GFA reserves the right to audit the enterprise type. If the selected enterprise type is not true, GFA has the right to prohibit the user from accessing and subscribing to partslink24.

§ 6 Data Protection and Security

Any and all personal data collected and processed from the user are handled in compliance with data security legislations of the Peoples Republic of China and the provisions of EU data security laws and regulations applicable to LexCom. The data (except personal and enterprise real name authentication information and invoice information) is transferred by GFA to LexCom as the software provider.
GFA will, in accordance with relevant laws and regulations as well as this agreement, safely store and reasonably use the personal information related to users' privacy rights. Except for the consent of users or otherwise provided by laws, GFA will not disclose users' personal information to the public.
partslink24 account ID information (ID, username, password) are property of GFA and LexCom; users will be granted a limited right of usage during the subscription period. Thus, users must not sell, rent or lend his account information to third parties, otherwise GFA has the right to the cancel the service without prior notification and ask for compensation.
Users acknowledge that information about the ordering and usage activities in partslink24 may be evaluated and forwarded to the manufacturers integrated in partslink24 and their importers for the purposes of measuring success/usage and enhancing partslink24. Personal data are processed only as far as necessary for the purpose and also anonymised, or are processed only with the user’s explicit confirmation as part of the use of partslink24.
Users acknowledge that the chassis numbers entered by the user in partslink24 may be processed for the purposes of product development and combatting misuse.

§ 7 User's Obligations

Conditional on full payment of the fees due, LexCom shall grant the user the non-exclusive right to use partslink24 for the duration of the contract. The user shall neither lease, lend, sell or sublicense partslink24 itself or the rights of use thereof, nor provide, assign or transfer the aforementioned to third parties, nor copy partslink24 or authorise others to copy partslink24, whether in whole or in part, except in cases expressly permitted here.
The user confirms that the information provided when registering for and using partslink24 is true, correct and complete. The user is also obliged to enter any changes (company master data, billing data and user data) immediately under Administration.
The user confirms that the input and messages submitted by the user do not violate any legislation of the Peoples Republic of China or any legal provisions or rights of third parties and that they will not have any adverse effects on the data or the data processing system of GFA & LexCom. In particular, the user is prohibited to offer or request information or data that would violate any criminal-law or other legal provisions of the Peoples Republic of China or other information or data related laws, which is prohibited or subject to permission.
It is not permitted for users to reproduce, to download, to save in other media, to distribute or to change the information, data, drawings, specifications and documentations ("partslink24-material") integrated in partslink24. Access to the partslink24-material via automated processes (e.g. robots, spider tools etc.) is prohibited, otherwise GFA has the right to the cancel the service without prior notification and ask for compensation. Individual pages may only be printed or saved for personal use; commercial use is prohibited and at every login the number of printed pages shall not exceed the limit of 100 pages, otherwise GFA has the right to the cancel the service without prior notification and ask for compensation.
It is not permitted to integrate partslink24 into the user’s own software products / online services or into software products / online services of third parties, whether by framing or otherwise.
The complete or partial reverse engineering of partslink24 is not permitted.
The use of partslink24 – in particular the vehicle identification number query function – is exclusively for the purpose of identifying spare parts in connection with an underlying customer order. This is particularly the case when the vehicle owner/holder enters a chassis number of his own vehicle or when a commissioned service provider (e.g. a car company, assessor) enters a chassis number received from the customer in the context of an order for the purpose of fulfilling the customer order. Use for any other purposes – in particular for the resale of data or the acquisition of vehicle information without a corresponding customer order – is prohibited and leads to the responsible user account being blocked and extraordinary termination of the subscription*.
Furthermore, partslink24 – in particular the vehicle identification number query function – is used primarily for the purpose of identifying the spare parts required for a vehicle and obtaining them from partslink24. The user will use partslink24 only to an extent that does not significantly exceed the customary scope of use for this purpose. If the usage goes beyond this purpose and/or the usual scope of use, GFA reserves the right to restrict or block access to partslink24.
Especially It is prohibited to maliciously high frequency use or abuse VIN search function (chassis number /VIN) of partslink24 to search for information in any way for the purpose of improving the integration of data and/or providing data services for commercial and profitable purposes, otherwise GFA has the right to the cancel the service without prior notification and ask for compensation.
The user must not share personal access data (username and password) with third parties or pass them on to third parties.
The user may only register for one partslink24 account at a time.

§ 8 Prices and Payment Conditions for partslink24

The fees charged are evident from the price list for the use of partslink24 in China.**
All prices listed are including tax.
Every subscription has a minimum duration as specified in the price list for the use of partslink24 in China. All costs settled by the user either by using the Wechat online payment or Alipay online payment system or the direct online banking are including taxes of 6.72% VAT and additional taxes.
When users subscribe to partslink24 and conduct online payments, all payments are conducted via third-party payment platforms. Users should understand the risk of online payments, such as theft of debit card or Alipay account data or Wechat account data during the payment process; GFA is not accountable in this event.
GFA is responsible for issuing only one invoice for every payment made by the user. If the invoice has been issued, GFA will not re-issue the invoice. In case the users provide inaccurate information, or an error is caused by the invoicing tool, the invoice will not be re-issued. After a user subscribed and not requests an Fapiao immediately, the user should provide all necessary information within 3 month and request a Fapiao. GFA will save subscription data of the users only for 3 months, after 3 months Fapiao cannot be issued anymore.
In the event a dealer loses the status as an officially authorized dealer or repair shop, the dealer can terminate his partslink24 contract for this reason at the end of the same month. A notification email should be sent to the following email address: pl24.cn@lex-com.net

§ 9 Consumers' Right of Withdrawal

partslink24 is a digital product sold in the internet and does not apply the category of products, which can be returned within 7 days of purchase without reason. When a user confirms the partslink24 subscription and the payment is accomplished successfully, the contract is established immediately, and the user has no right to withdraw for any reason.

§ 10 Notices and Declarations

According to the nature of the platform, the sales contracts initiated via partslink24 are concluded by means of electronic communications. This involves that the declarations of intent are usually made via e-mail. The users recognize the unrestricted validity of declarations of intent made in this manner subject to the following clauses:
1. In the e-mail message, common information must neither be suppressed nor circumvented by anonymization, i.e. the message must include the name and the e-mail address of the sender, the time the message was sent (date and time) as well as a repetition of the sender’s name at the end of the message. Unless proven otherwise, an e-mail message received according to the criteria of this clause shall be deemed to originate from the other party.
2. All messages shall be phrased in Chinese.
The user is obliged to take note of the messages addressed to the user at least once a week.
Please direct any messages or declarations regarding these T&C to: partslink24@ec.com.cn

§ 11 Disruption of Service

If any substantial disruption of service of partslink24 should occur that is within the scope of responsibility of GFA, a downtime of more than 24 hours shall extend the period of use by the same period.

§ 12 Limitation of Liability

GFA shall be liable to the user in case of intent or gross negligence for any damage caused by GFA or its legal representatives or persons employed in performing obligations, GFA shall only be liable insofar as the company should have violated an essential contractual duty. Liability in such cases shall be limited to the foreseeable typically occurring damage. Total liability in such cases shall be limited within one and the same contractual year to the amount of the prices paid in the same contractual year.
GFA´s liability pursuant to the provisions of the product liability legislation of China shall remain unaffected.
Furthermore, if and insofar as GFA gives the user access to partslink24 free of charge, GFA’s liability for all cases of slight negligence is excluded.

§ 13 Indemnification

The user shall indemnify GFA against any and all claims asserted by other users or other third parties against GFA for any violation of their rights by contents published by the user on partslink24. The user shall bear all reasonable costs incurred by GFA as a result of any violation of a third party's rights, including any reasonable expenses incurred for legal defence. All other rights as well as any claims for damages on the part of GFA shall remain unaffected. The user shall be at liberty to prove that GFA has actually incurred lower costs.
If the user's contents should violate any rights of any third party, the user shall at the election of GFA either procure the right to use the contents for GFA at user's own expense or revise the contents in such a way that they are not subject to property rights.
In case partslink24 cannot be used, because of internet problems, force majeure or government actions and the actual business is affected, GFA will not have responsibility and will not extend the subscription period, provide no compensation and will reserve the right of providing explanation. The subscription period includes reasonable time for maintenance, version-up activities and troubleshooting; GFA provide no compensation and will reserve the right of providing explanation.
In case the number of brands published on partslink24 will be increased or decreased, GFA will inform the customers via mail or announce it on the website but has not responsibility for damages or losses caused hereby.

§ 14 General Provisions / Legal Venue / Applicable Law

The law of the Peoples Republic of China shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of performance for all mutual services and payments under the contract shall be the Peoples Republic of China.
These Terms and Conditions apply to The Chinese market only (except Hong Kong, Macao and Taiwan).
The present T&C are published in Chinese and English language. In case of doubt, the Chinese version shall be authoritative for the interpretation of the T&C.
GFA reserves the right to amend these T&C at any time and without having to state any reasons for such amendments. The user will be made aware of any amendment by means of an electronic notification while using partslink24.

* Only valid for searches for Porsche models.

** Refer to the Information provided in the Subscribe menu for details on prices and subscription periods.