Terms of use
Version
1
Effective from May 19, 2025
A GENERAL PART OF THE TERMS OF USE
1 SCOPE
1.1 The provider of this website is the following company:
(a) Phinia Inc. (3000 University Drive, Auburn Hills, Michigan, MI 48326, United States of America, DUNS 11-900-7967, Tax ID No.: 92-2483604) for
(ii) https://www.delphiautoparts.com/,
(iii) https://www.delcoremy.com/,
(b) Hartridge Ltd. (The Hartridge Building Network 421, Radclive Road, Gawcott, Buckingham, United Kingdom, MK18 4FD, Company-No.: 05048767) for https://www.hartridge.com/,
(“Provider”).
1.2 This website enables our customers (“Customer” or “you”) to access various web-based products and solutions offered by the Provider via the website (“Services”).
1.3 These Terms of Use govern your access to and the use of the website and the Services. The website may offer additional features which are governed by supplementary provisions in Special Parts of these Terms of Use. In the event of a conflict between the General Part of the Terms of Use and the Special Parts of the Terms of Use, the provisions of the Special Parts of the Terms of Use shall take precedence.
1.4 The Services are directed exclusively at other businesses and are not offered for consumers.
1.5 The Terms of Use shall apply in the version valid at the time of registration or as accepted by you later.
1.6 Your own general terms and conditions or similar terms will not become part of the contractual relationship between the Provider and you, even if not expressly rejected by the Provider.
2 Registration for the Services
2.1 In order to use access certain parts of the Services, you may be required to register an account (“Account”) in accordance with this Section 2. For certain user roles, you may be obliged to provide additional information upon request of the Provider.
2.2 You are obligated to provide truthful and complete information within the context of registration, in particular on the country of your place of business or residence and any other information requested by the Provider in the context of registration. If you provide incorrect information about the country of your place of business or residence when registering, you may not be presented with Terms of Use and/or Privacy Policy specific to your country. The Provider shall not be responsible if you are provided with a different country version of the Terms of Use and the Privacy Policy if, when registering for the Services, you indicate an incorrect country for your place of business or residence or due to any other technical interference in the Services, such as changing URL parameters.
2.3 Before you complete the registration, you will be offered technical tools to change your details and correct input errors. Registration can be cancelled at any time.
2.4 By completing the registration, you make a binding offer to the Provider for the conclusion of a contract for use of the Services based on these Terms of Use.
2.5 Immediately after the registration has been completed, you will receive an email from the Provider to the email address provided at registration, containing an activation link. The activation link is valid for the period specified in the email. If the activation link is not confirmed by you in due time, the originally submitted offer to conclude a contract for use of the Services will cease to be valid and you will have to restart the registration process for the Services.
2.6 After confirming your email address within the deadline, the Provider will send you an email confirming your successful registration. Upon receipt of the confirmation email, a contract for the use of the Services will be concluded between the Provider and you with the content of the Terms of Use. Along with the confirmation email, the Provider’s Terms of Use will also be sent to you to the email address specified in the registration.
2.7 The Provider reserves the right to temporarily or permanently block your access to the Account and therefore to the Services, if you
(a) violate the obligation to provide truthful information within the framework of registration or violate your obligations pursuant to clause 4 or
(b) if the Provider has any other legitimate interest in the temporary or permanent blocking of your Account.
The Provider will endeavour to inform you in advance of the blocking of the Account.
3 Changes of the Services and Terms of Use
3.1 The Provider reserves the right to make formal changes, editorial changes and updates to hyperlinks included in these Terms of Use at any time without prior notice.
3.2 The Provider reserves the right to make changes to the Terms of Use or the Services, which go beyond what is necessary for maintaining contractual conformity, without your prior consent, if such change is necessary for adaptation to a new technical environment, increased user numbers, the usability of the Services or other important operational reasons
3.3 In all other cases, the Provider reserves the right to change these Terms of Use or the Services with your consent, if
(a) the Terms and Conditions or Services need to be adapted or discontinued because of a change in the law or case law and/or
(b) for other reasons, a change or addition to the Terms of Use or Services seems imperative and does not place you at an unreasonable disadvantage.
The Provider will inform you thirty (30) days in advance in advance in text form about the change in accordance with this clause 3.2 and will send you the amended Terms of Use in text form. In accordance with the provisions of this clause 3.2 before the date of entry into force of the amendment, you may either grant or withhold your consent. Consent shall also be deemed granted if you do not explicitly consent before the date of entry into force (“Assumed Consent”), unless you expressly refuse consent vis-à-vis the Provider before the amendment enters into force. The text form is sufficient for refusal of consent. For each amendment as defined in this clause 3.1, the Provider will expressly inform you of the legal consequences of the Assumed Consent.
3.4 Any amendment to the contractual relationship between you and the Provider exceeding the scope specified in clauses 3.1 to 3.2 shall require your explicit consent. The Provider will inform you thirty (30) days in advance in text form about the amendment to the Terms of Use and will send you the amended Terms of Use in text form. In accordance with the provisions of this clause 3.3, you may either grant or withhold your consent. If you do not consent to the amendment in accordance with this clause 3.3 within thirty (30) days, the contractual relationship will be continued on the previous, unchanged Terms of Use.
4 General Obligations of the Customer
4.1 When using the Services, you must refrain from unlawful acts, breaches of the law and infringements of third-party rights.
4.2 You are obligated to
(a) ensure that access data to your Account is not accessible to third parties (you are liable for all activities carried out under your Account, even if these have been carried out by a third party, insofar as you are responsible for this),
(b) use a secure password for your Account,
(c) immediately notify the Provider in text form of any misuse of your Account to give the Provider the opportunity to block the access to your Account.
4.3 You are obliged to keep the operating system and/or browser you are using to access the Services up to date.
5 Technical Requirements
5.1 You shall be independently responsible for the operation of the device and for access to the Internet and shall bear the costs incurred thereby.
5.2 The service transfer point for the provision of the Services is the output of the data centre of the infrastructure used by the Provider.
6 Rights of Use
6.1 The Provides grants you a non-exclusive right to use and access the Services as intended for the term of the agreement concluded based on the Terms of Use. This includes, as far as technically necessary, the loading, displaying and running of the Services on your device.
6.2 The Provider gives you the opportunity to submit comments and suggestions for improvement in relation to the products offered by the Provider and the Services (“Feedback”). By sending your Feedback to the Provider you grant the Provider a free, non-exclusive, irrevocable and transferable right, including the right to sublicense, for an indefinite period and to the extent necessary to take account of and act on your Feedback.
6.3 You are not permitted to interfere with or manipulate the data flow of the Services nor to add or derive data through your own interfaces. Access to the data in the Services is only permitted via the user interfaces provided.
7 Availability
7.1 The Provider makes every effort to make the Services available within the limits of what is reasonable. However, continuous availability of the Services cannot be guaranteed. The Services and the underlying infrastructure are also regularly technically maintained.
7.2 The provision of the Services may be subject to restrictions, in particular in the event of disruptions or restrictions that are not within the Provider’s control. Furthermore, restrictions may arise in particular for the following reasons:
(a) for reasons of force majeure, as specified in clause 9;
(b) due to technical and other disruptions or measures, such as repair, maintenance, software updates, enhancements to the systems and the Services or implemented by upstream and downstream service providers, that are necessary for the proper or improved delivery of the Services; or
(c) due to lack of availability or capacity constraints for mobile, data and other Internet connections.
7.3 The Provider makes every effort to inform you in good time of any planned maintenance work on the Services.
8 Payment
8.1 Individual elements of the Services may be offered for a fee. Payment terms are specified in the relevant offer from the Provider.
8.2 Prices include statutory VAT but are net of shipping costs. Any customs duties and similar public charges shall be borne by you.
8.3 Unless expressly otherwise agreed by the Provider, the provision of Services by the Provider shall require advance payment. Payment shall be due within 14 days of receipt of the respective invoice.
8.4 You shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by the Provider or has been determined by a final and binding decision.
9 Force Majeure
The Provider shall not be liable to you for any delay or failure to comply with any performance obligation of the Provider, if the delay or failure is due to an event beyond the control of The Provider or you, which prevents the Provider in whole or in part from fulfilling its obligations, including fire damage, floods, strikes, epidemics and pandemics, lockouts and administrative orders.
10 Term and Termination
10.1 The contract between you and the Provider for the use of the Services is concluded for an indefinite period.
10.2 You may delete your Account at any time without giving any reason. By deleting the Account, the contract for the use of the Services between you and the Provider ends.
10.3 The Provider is entitled to terminate the contract for the use of the Services with a notice period of thirty (30) days. The termination will be notified in text form to the email address provided by you.
10.4 The Provider is entitled to extraordinarily terminate the contract for the use of the Services, without notice, for good cause, in particular if you commit a serious violation of the Terms of Use and, in spite of a warning, do not remedy this violation within a reasonable period of time. A warning is not necessary if the violation is so serious that a prior warning is ruled out due to the very nature of the case. A violation of the Terms of Use shall be deemed serious in particular if you exceed the scope of your rights of use or if you compromise the Provider’s IT security.
10.5 Upon termination of the contract for the use of the Services, the Provider shall be entitled to block your access to the Account.
11 Disclaimer of Warranties
The information, contents, technical specifications and other media such as texts, pictures and videos, available via the website or the Services (“Information”) is, to the best of Provider’s knowledge, true and accurate. BUT PROVIDER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT OR PERFOMANCE OF THIS WEBSITE OR THE SERVICES FOR ANY PURPOSE. THIS WEBSITE AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR USE OR MISUSE OF THE INFORMATION CONTAINED IN THIS WEBSITE OR THE SERVICES AND ASSUMES NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. WITHOUT LIMITING THE FOREGOING, PROVIDER SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE WEBSITE OR SERVICES, AND THE CONTENT THEREIN; AND (2) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
12 Limitation of Liability
IN NO EVENT WILL PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, UNAVAILABILITY, USE, OR RELIANCE ON THE SERVICES OR THE CONTENTS OF THIS WEBSITE, INABILITY TO USE THE WEBSITE OR SERVICES, OR ANY OTHER CAUSE). THESE LIMITATIONS SHALL APPLY AND EVEN IF DAMAGES ARE CAUSED BY PROVIDERS’, ITS AFFILIATES’ OR ANY THIRD PARTY’S NEGLIGENCE, AND EVEN IF ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY. THESE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
13 Notices
Communication with you will take place via your email address provided in the Account.
14 Data Protection
When processing your personal data, the Provider shall comply with the applicable data protection legislation as well as the Provider’s Privacy Notice for the Services, available at Website and Social Media Privacy Notice.
15 Final Provisions
15.1 The contractual relationship between you and the Provider is governed solely by the laws of the State of Michigan and the United States of America. Through the use of this website or the Services, you consent to the exclusive jurisdiction of the courts of Oakland County, Michigan for any cause of action relating to such use. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded and shall not apply to this contract.
15.2 There are no ancillary agreements to these Terms of Use. Amendments and additions to these Terms of Use shall be in writing. This also applies to amendments or additions to this written form clause.
B SPECIAL PARTS OF THE TERMS OF USE
Special Part for the Booking Platform
1 Scope
1.1 This special part of the Terms of Use for the Booking Platform (“Special Part for the Booking Platform”) governs, together with the General Part of the Terms of Use, your access to the Provider’s individual online course elements, the booking, execution and payment of online courses offered via the Services (together the “Booking Platform”), if a Booking Platform is offered by the Provider on the specific website visited by the Customer.
1.2 Unless stipulated otherwise or additionally in this Special Part for the Booking Platform, the General Part of the Terms of Use shall also apply for the Booking Platform.
2 Registration for and use of the Booking Platform
2.1 The Booking Platform may only be accessed with an Account and a compatible web browser via the Provider’s website.
2.2 The Booking Platform may only be used by authorised users, i. e. distributors, large multisite companies and other customers. Further information on these user groups can be found on the Booking Platform.
2.3 Our offerings on the Booking Platform are non-binding. By booking a specific course via the Booking Platform, you make a binding offer to purchase the relevant course. The offer will remain open for acceptance by the Provider for a period ending at the end of the next business day following the day of the offer.
2.4 Without undue delay upon receipt of the booking, the Provider will send to you via e-mail a confirmation of receipt, which shall not constitute an acceptance of the booking. The booking shall be deemed to be accepted by the Provider either upon subsequent (e-mail) acceptance of the booking or by giving you access to the respective course. The contract for the booking with you shall not become effective until the Provider’s acceptance.
2.5 You may access information on your bookings in your Account.
3 Cancellation of a course or individual course elements
3.1 If you wish to cancel a course or individual course elements, you can do so up to 72 hours before the start of the course.
3.2 There will be no refund of applicable course fees after the deadline set forth in clause 3.1.
Special Part for the Web Shop
1 Scope
1.1 This special part of the Terms of Use for the Web Shop (“Special Part for the Web Shop”) governs, together with the General Part of the Terms of Use, your access to the Provider’s web shop which offers the purchase of licenses for software products (together the “Web Shop”), if a Web Shop is offered by the Provider on the specific website visited by the Customer.
1.2 Unless stipulated otherwise or additionally in this Special Part for the Web Shop, the General Part of the Terms of Use shall also apply for the Web Shop.
1.3 Your standard commercial terms and conditions do not apply to use of the Web Shop, regardless of whether or not the Provider expressly objects to your standard commercial terms and conditions in a particular case.
2 Use of the Web Shop
2.1 The Web Shop may only be accessed with an Account and a compatible web browser via the Provider’s website.
2.2 Our offerings in the Web Shop are non-binding. By placing an order in the Web Shop, you make a binding offer to purchase the relevant products. The offer will remain open for acceptance by the Provider for a period ending at the end of the next business day following the day of the offer.
2.3 Without undue delay upon receipt of the order, the Provider will send to you via e-mail a confirmation of receipt, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by the Provider either upon subsequent (e-mail) acceptance of the order or by giving you access to the product. The sales contract with you shall not become effective until the Provider’s acceptance.
3 Additional Terms for software products
The software products available in the Web Shop shall be subject to additional licensing terms and conditions, end user licenses agreements or similar, including details regarding warranty, liability and intellectual property rights for these software products. You may access these additional terms in the product presentation in the Web Shop.
Special Part for the Part Catalogue
1 Scope
1.1 This special part of the Terms of Use for the Part Catalogue (“Special Part for the Part Catalogue”) governs, together with the General Part of the Terms of Use, your access to the Provider’s information on products and services as part of an online product catalogue, including technical specifications, via the Services (“Part Catalogue”), if a Part Catalogue is offered by the Provider on the specific website visited by the Customer.
1.2 Unless stipulated otherwise or additionally in this Special Part for the Part Catalogue, the General Part of the Terms of Use shall also apply for the Part Catalogue.
2 Use of the Part Catalogue
