Provider

Gargash - Passenger Car Showroom Sheikh Zayed Road

Al Quoz Industrial 3, Mercedes-Benz Showroom, Dubai

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Sales: 800-2369


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Legal Information

This site (https://www.shop.mercedes-benz-mena.com/dubai/en/) is operated by Gargash Enterprises LLC (“Gargash Enterprises”). Access to this site is subject to the terms and conditions of use outlined below.

WEBSITE TERMS

Please read these Terms and any other terms of use posted on the Website as together they form our Website Terms governing your use of our Website and Website services. We may change these Website Terms from time to time without notice to you by posting the updated Website Terms on the Website, so please be sure to check regularly for updates.

When you place an Order through our Website, you are deemed to have consented to the latest version of the Website Terms then posted on our Website. If a change in law means that we have to change our Website Terms after you have placed an Order but before it has been fulfilled, we are obliged to apply that change to your Order. In all other cases, the version posted at the time your Order was placed will apply.

If you do not agree to be bound by the Website Terms, you should not use the Website.

ELIGIBILITY

We aim to make the Website and its associated services available to as many of you as possible. However, we do require that you are at least 18 years of age, able to lawfully: (i) make payment through one of our accepted payment types; (ii) agree to these Terms; and (ii) enter into binding Orders with us.

The Website is for your personal use only and commercial usage is not permitted. We reserve the right to decline Orders where we suspect commercial usage.

PRIVACY & COOKIE POLICY

Please refer to our Privacy & Cookie Policy for details on how we deal with your data.

ORDERS

When you place an Order with us, then subject to your rights to cancel or return the vehicle, you commit to buy the item described in that Order, at the price indicated including taxes and duties where applicable.

Orders are subject to our acceptance, which we may withhold in our sole discretion including for reasons such as ineligibility, inability to confirm payment authorization, suspected fraud, shipping restrictions and/or stock availability. Items ordered by you are only reserved until your Order has been finalized in accordance with these Terms.

The Website may contain or provide information regarding the availability of vehicles. This information can be used to estimate the likelihood that an item will be available immediately upon Order placement. Unfortunately, we cannot guarantee that a vehicle stated to be available will be available right away, as inventory can change significantly throughout the day.

In rare cases, a vehicle may be available when you place an Order but sold out by the time we process the Order. Should this happen, we will notify you.

Receipt of your Order will be acknowledged by email. However, the Order is only confirmed when you receive notification from our team on the availability of that vehicle. No party other than us has the authority to confirm acceptance of the Order.

A minimum deposit is required and will be indicated on the vehicle detail page. The deposit amount varies depending on the vehicle model selected. The deposit is valid for 7 days to arrange for bank finance or full payment for a vehicle in available in stock. Any extension of the reservation will be at the discretion of Gargash Enterprises.

Once you have placed your Order and received a confirmation by us, you are required to submit the required documents within 7 working days from placing the Order and confirm details of the vehicle reserved on the Website. A list of the required documents will be sent to you by email.

Once your car is ready for collection, we will invite you to come collect your vehicle, and finalize the sale with one of our sales advisors at a location to be agreed between us. We will try our best to accommodate your choice for the location of the appointment; however, the location and date of your appointment will depend on the availability of the vehicle you purchased in our inventory. Please note that it can take between three and five days between the date on which the Order is placed and the date of your appointment to collect the vehicle.

Any description given or applied to the vehicle is given by way of identification especially for exterior and interior colours and textures of the materials used. For the avoidance of doubt, you hereby affirm that you do not in any way rely only on any description but will clarify the same with the sales advisor when entering into the purchase.

The sale will only be final after you have signed all the required documents for the transfer and registration of the vehicle to your name. Our sales advisors will be assisting you with this during your collection appointment.

To facilitate and ease your purchase experience, you can also use the Calculator which is available on our website (https://www.mercedes-benz-mena.com/dubai/en/) as a guide for your financing requirements which is computed through third party licensed finance institutions. The information which you receive from this Calculator is intended for use by you as a guide only, it is not an offer by Gargash Enterprises and has no legal effect on any contracts entered by you with and Gargash Enterprises. Any finance request is subject to assessment against normal lending criteria by said third-party finance institutions.

Should you apply for auto finance with one of said financial institutions, they will make their own calculations and will not necessarily take the calculations under our Calculator into account. All Interest rates displayed are guides only and repayments as a result of this simulation have no legal offering. You will have to enter into a direct contractual arrangement with one of the licensed finance institutions separately from your relationship with Gargash Enterprises.

Gargash Enterprises accepts no responsibility for any losses arising from any use of or reliance upon any calculations or conclusions reached using the Calculator.

Please also note that the use of the Calculator and your finance application being approved by one the above-mentioned third-party finance institution in relation to a specific vehicle does not mean that such vehicle has been reserved. Thus, the selected vehicle may be reserved or sold to other customers, and may no longer be available for purchase unless it was reserved. The reservation of the specific vehicle can only be made through the reservation process with a fee of a minimum 5,000 AED (as mentioned above).

Your finance application will be submitted through our third-party provider Seriti and once you click “Continue to Finance Application” you will be redirected to Seriti website (framed inside the Gargash website) and by using the Seriti website you acknowledge and accept Seriti’s terms. We do not warrant, endorse, guarantee, or assume responsibility for the accuracy or reliability of any information offered by Seriti through their website. we will not be a party to or in any way be responsible for monitoring any transaction between you and Seriti.

PRE-ORDERS

In the event of a pre-order the below terms and conditions below shall apply:

You acknowledge that no Vehicle has been allocated yet. Pre-orders are subject to our acceptance, which we may withhold in our sole discretion including for reasons such as ineligibility, inability to confirm payment authorization, suspected fraud, shipping restrictions and/or stock availability.

Pre-orders apply for vehicles with the indication “pre-order” and “arriving soon”.

Receipt of the pre-order will be acknowledged by email by one of our representatives. However, pre-order is only confirmed when you receive notification from our team on the availability of the Vehicle. No party other than us has the authority to confirm acceptance of the order. Such confirmation will include specification, price and availability of the Vehicle.

Technical specifications of the Vehicle available at the date of placing the pre-order may be subject to change. Any description given or applied to the Vehicle is given by way of identification including with regards to technical specifications, options and equipment; as well as exterior and interior colors and textures of the materials used. For the avoidance of doubt, you hereby affirm that you do not in any way rely only on any description provided on our website, but you will clarify the same with the sales consultant when entering into the purchase.

The delivery/collection date of the pre-ordered Vehicle may be subject to change depending on the supply and logistics arrangement of the manufacturer. We shall not be liable for any such a change in the delivery/collection schedule.

The sale will only be final after you have signed all the required documents for the transfer and registration of the Vehicle to your name. Our sales consultants will be assisting you with this during your delivery/collection appointment.

A minimum deposit for pre-orders is required and will be indicated on the vehicle detail page. The deposit amount varies depending on the vehicle model selected. You may contact us at any time prior to the signing of the Vehicle Purchase Agreement to cancel or change the pre-order. If you do so, we will at your request either: (i) cancel it free of charge and issue you with a full refund of the deposit; or (ii) do our best to change it, subject to stock availability and any applicable price adjustment.

Refunds will be processed within 30 days from the date of cancelation. Refunds will be made to the original mode of payment.

Vehicle price is subject to change depending on the final price determined by the manufacturer. Final vehicle price will be the one mentioned at time of signing of the Vehicle Purchase Agreement.

PRICES

Prices on the Website are displayed in AED and include taxes and may be subject to additional duties and charges.

Where you purchase using a payment card denominated in a different currency to AED, the payment will be subject to the currency exchange rate applied by your card issuer at the time your payment is completed.

All vehicle or products displayed on the Website, constitute an "invitation to offer". You agree to pay the full amount payable for the vehicle or products as indicated during the Order process, including any charges incurred with that Order.

Although we make every effort to ensure prices displayed on our Website and in our communications are correct, errors may occur.

If an error occurs after you have placed your Order whether it was processed or not, we have the right at our sole discretion to refuse or cancel any Orders placed for that vehicle.

PAYMENT

We currently accept the following payment types for deposits paid on our Website: Visa, Mastercard and UAE debit cards. Payment will be taken at the time you place your Order. By entering payment details onto our Website, you warrant that you are duly authorized to pay using those details. We reserve the right to decline orders without liability to you where we believe payments are not authorised, the payment method is not valid or where we do not think you are authorised to use or utilise the relevant payment type. For any assistance or queries on your online payments, kindly get in touch by calling 800-2369

DISCOUNT SCHEMES

Discount schemes are currently not available for Orders placed through the Website and we would ask you to contact our sales team directly.

DELIVERY PROCESS

Title and risk to the vehicle(s) in your Order will pass to you upon execution of purchase agreement and all the documents required for the transfer and registration of the vehicle(s) to your name.

Unless otherwise agreed in writing, collection of the vehicle shall take place at the Gargash Enterprises facility location and on the date specified by your sales advisor.

If we are unable to deliver the vehicle due to delays caused by you beyond 3 working days, then we have the right to place the vehicle in storage until such times as delivery may be affected and you will be liable for any expense associated with such storage equal to AED 1,000 per month until such time the delivery takes place.

During the vehicle preparation process, it may come to notice that during the transit, some minor imperfections may need to be polished or restored to the original condition without any impact on the quality, warranty or detriment to the vehicle. The vehicle(s) or products are sold and delivered subject to Gargash Enterprises conditions of sale.

CANCELLATION

You may contact us at any time prior to your Order being confirmed by us to cancel or change it. If you do so, we will at your request either: (i) cancel it free of charge and issue you with a full refund or (ii) do our best to change it, subject to stock availability and any applicable price adjustment.

We will only refund a fully confirmed and processed Order if on physical inspection of the vehicle or product, it appears that the reserved vehicle or product is not as per the selected requirement at the time of Order.

Refunds will be processed within 30 days from the date of Order cancelation. Refunds will be made to the original mode of payment.

PRODUCT LIABILITY

By placing an Order through our Website, you acknowledge and agree that full liability for the products or vehicles rests with the manufacturer and that we carry no product liability for those items.

INTELLECTUAL PROPERTY RIGHTS

Your use of the Website and its contents does not grant you any copyright, design, trademark or other intellectual property rights relating to the Content (as described in the Content section below), including our software, HTML or other code contained in the Website. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Website is typically protected by national and international intellectual property laws and treaties. You are permitted to use the Content only as expressly authorized by us or the licensor of such Content. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, linking, commercially exploiting, copying and use of the above listed materials on any other server, location or support for publication, reproduction or distribution is expressly prohibited.

Gargash Enterprises reserves the right to monitor submissions to the site and to edit or reject any submissions.

All names, images, logos identifying Gargash Enterprises, Mercedes-Benz, Mercedes-AMG or Mercedes-Maybach are proprietary marks of Gargash Enterprises or its brand partners. All third-party brand, product, service and company names contained on this site are the trademarks, service marks and trade names of their respective holders. Gargash Enterprises does not give permission for their use by any person other than the holders. Any such use may constitute an infringement of the holders' rights.

CONTENT

In addition to the Intellectual Property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Website. We have made every effort to ensure that the information on the Website accurate and complete, but we cannot promise that Content is error-free. We also do not promise that the functional aspects of the Website or Content will be error free or that this Website or the servers that make them available are free of viruses or other harmful components. We always recommend that you have up to date virus checking software installed.

USER GENERATED CONTENT

By providing a review you agree to be solely responsible for the content of all information you contribute. You also grant us a right to use any content you provide for our own purposes including republication in any form or media. Comments may be moderated and may not be displayed immediately but we do not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts, please contact us here.

We reserve the right in our sole discretion not to publish or to remove any comment including those that we believe may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This Website is available to the public and therefore information you consider confidential should not be posted to this Website.

THIRD PARTY SITES

In an attempt to provide increased value to our users, we may provide links to other Websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

FORCE MAJEURE

We shall not be liable for any delay or failure in performing any of the obligations if such a delay, errors or failure results from events or circumstances outside our reasonable control, including but not limited to acts of God, strikes, pandemics, strikes, accidents, war, fire. In a force majeure event, Gargash Enterprises shall be entitled to a reasonable extension of time to meet its obligations. If the delay persists for such time as we consider unreasonable, it may, without liability on our part, cancel the Order.

NO WARRANTY

Except as otherwise provided in these Website Terms or required by applicable law, we make no representation, covenant or warranty and offer no other conditions, express or implied, regarding any matter, including, without limitation, the merchantability, suitability, fitness for a particular purpose, non-infringement or other violation of third party rights revisions.

Your use of the Website is at your sole risk and it is provided on an "as is" and "as available" basis. We reserve the right to restrict or terminate your access to the Website at any time.

Save as required by law, we make no warranties that access to the Website will be uninterrupted or error-free; that the Website will be secure; that the Website or the server that makes the site available will be virus-free; or that information on the site will be correct, accurate, adequate, useful, timely, reliable or otherwise complete.

If you download any content from the Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer or loss of data that results from the download of any such content. No advice or information obtained by you from the Website shall create any warranty of any kind.

LIABILITY

Save for death or personal injury arising out of our negligence or as required by law, under no circumstances shall we, our affiliates, employees, directors, officers, agents or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Website, including, without limitation, damages for loss of profits, loss of goodwill or loss of data. Without prejudice to the foregoing, in no event will we be liable for any amounts in excess of the amount paid by you for the product(s) in respect of which the claim arose.

Nothing in these Website Terms is intended to impact any rights you or we may have under applicable law. We are committed to respecting individual rights including but not limited to moral, cultural and religious rights as enshrined in applicable law.

INDEMNITY

You agree to defend, indemnify and hold us, our directors, agents, affiliates, licensors and suppliers harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of the Website and/or your breach of any representation, warranty, or other provision of the Website Terms, including the use by third parties accessing the Website using your account caused by your action or inaction.

ENTIRE AGREEMENT

You acknowledge and agree that these Website Terms constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase or booking by you of any items through the Website, and supersede and govern all prior proposals, agreements, or other communications.

NO AGENCY

Nothing contained in these Website Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.

ASSIGNMENT

We may assign our rights under this Agreement to any entity under the ultimate beneficial control of the shareholders of Gargash Enterprises.

NO WAIVER

Any failure to exercise or any delay by either party in exercising its rights or remedies under these Website Terms shall not be construed as a waiver thereof. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law.

SEVERANCE AND VALIDITY

If any provision of these Website Terms is held to be illegal or unenforceable, the remaining Website Terms (or parts thereof) will not be affected and will remain in full force and effect.

LANGUAGE

These Website Terms are published in English and Arabic. If there is any inconsistency between the English text and the Arabic text, the English text will apply.

DISPUTES AND GOVERNING LAW

These Website Terms are governed by the federal laws of the United Arab Emirates and the laws of the Emirate of Dubai and all disputes arising here under are subject to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates. Gargash Enterprises reserves the right to change any of these Terms and Conditions at any time by posting changes online.

Privacy Policy B2B Connect

1. General information on data protection

We appreciate you visiting our website mercedes-benz.mena and the use of our services offered through it as well as your associated interest in our offers. Protecting your personal data is very important to us. In this Privacy Policy, we explain how we collect your personal data, what we do with it, for what purposes and on what legal basis this is done, and what rights and claims are associated with it for you. In addition, we refer to the Mercedes-Benz Data Protection Policy:

Mercedes-Benz Data Protection Policy.

Our Privacy Policy for the use of our websites and the Mercedes-Benz Data Protection Policy do not apply to your activities on the websites of social networks or other providers that can be accessed using the links on our websites. Please read in this regard the data protection provisions on the websites of those providers.

2. Name and contact details of the Controller, Data Protection Officer

2.1       Gargash Enterprises as Controller

Gargash Enterprises L.L.C. ("Gargash Enterprises", "we" or "us")

a limited liability company organized and existing under the law of the United Arab Emirates, registered with the Department of Economic Development, Dubai, United Arab Emirates, under the license number 207712, having its principal place of business at Al Ittihad Street, P.O.Box 1418, Dubai, United Arab Emirates

Data Protection Officer
Rasha Haloub

2.2       Joint Controllership with Mercedes-Benz AG

In addition, Gargash Enterprises and

Mercedes-Benz AG ("MBAG")
Mercedesstr. 120
70372 Stuttgart
Germany
E-mail: dialog@mercedes-benz.com

Data Protection Officer:
Mercedes-Benz Group AG

Group Data Protection Officer
HPC E600
D-70546 Stuttgart
Germany
E-mail: data.protection@mercedes-benz.com

and

partly also Mercedes-Benz authorized service partners (hereinafter also “Dealers”) participating in B2B Connect

are for individual processing operations via this website and services joint controllers. This concerns the processing of personal data in the course of performing certain services provided through our websites (section 3.5) and the performance of standardised sales and aftersales market analyses (section 3.6).

In this context, we, MBAG and partially also the Dealers have made special arrangements for data transmission and processing in order to set out the use of personal data for these specific purposes. In this context, MBAG provides the respective central systems (in some cases only by way of processing on behalf), coordinates central data processing at the market or cross-market level and also uses the personal data stored in central systems for its own business purposes (e.g. market analyses) if there is a corresponding legal basis, while we provide the respective systems to you as part of sales or aftersales activities.

Upon request, we will provide you with a description of the material provisions of this agreement between us and MBAG (and Dealers, if applicable) to the extent provided by law. Data subject requests should generally be addressed to us. However, you remain entitled to assert your data subject rights with regard to the aforementioned processing also against MBAG or Dealers (where applicable).

3. Collection and processing of your personal data

3.1       Website visit for informational purposes

Whenever you visit our websites, we store certain information about the browser and operating system you are using, the date and time of your visit, the access status (e.g. whether you were able to access a website or received an error message), the usage of features on the website, any search terms you entered, how often you visit individual websites, the name of files you access, the amount of data transferred, the web page from which you accessed our website and the web page you visit after visiting our website, whether by clicking links on our websites or by entering a domain directly in the input field of the same tab (or window) of your browser in which you opened our websites. In addition, we store your IP address and the name of your internet service provider for seven days for security reasons, in particular to prevent and detect attacks on our websites or attempts at fraud.

The legal basis for this processing is our legitimate interest in being able to display our websites as well as data protection control and data security (Art. 6 para. 1 s.1 f) GDPR).

The personal data set out in this section is automatically collected by our IT systems when you visit our websites. Without the processing of that personal data, a website may not be displayed optimally.

3.2       Contact via online contact form, chat

If you contact us via our website, your details from the online contact form or chat will be processed by us for the purpose of processing the enquiry, the associated technical administration and in the event that follow-up questions arise.

Personal data that we process in this context is contact details provided (name, telephone number, address, reason for contact, etc.) and your email address.

The legal basis for the processing of this data is, in the case of (pre-)contractual measures, the processing of the contract (Art. 6 para. 1 s.1 b) GDPR), otherwise the mutual interest in processing (Art. 6 para. 1 s. 1 f) GDPR).

If you provide us with further personal data via a contact form or chat, we will use this data for the aforementioned purposes, for customer administration purposes and - if necessary - for the purposes of processing and invoicing any business transactions, in each case to the extent required for this purpose.

Insofar as we are obliged under the applicable law to retain certain personal data for legally defined periods of time (such as in connection with business incidents), we will continue to store this personal data for as long as is necessary (Art. 6 para. 1 s.1 c) GDPR). Your personal data will be deleted immediately when it is no longer required for the purposes of fulfilling the legal obligations.

We collect the personal data set out in this section directly from you by you having provided the personal data yourself. Without processing the personal data (with the exception of any voluntary information), it is not possible to provide the services set out in this section.

3.3       Registration, use of B2B Connect and B2B Connect App for product views and orders

In case of an order or other contract-related processing via B2B Connect or the B2B Connect App, we use your personal data to process or handle the order, your requests to Dealers and other contract-related enquiries. The processing may also be conducted to resolve disputes or enforce the contractual agreement.

Personal data that we process in this context is registration data ("UMAS registration data", more detailed information on this is provided in the UMAS data protection policy [https://aftersales.mercedes-benz.com/umas/login/]), order communication data, order request or part selection data (product, quantity, etc., including the vehicle identification number (“FIN/VIN”) of your end customer), payment data (all required billing information).

The data is forwarded to Dealers with whom you interact via B2B Connect. Dealers may process the data in other MB X or MBAG operated systems in order to manage the customer relationship with you.

In case of After Sales Applications and Data Content, as far as available in the relevant market, this data will also be forwarded to MBAG for further order and contract processing. The specific information regarding the use of personal data for the After Sales Applications and Data Content is provided in the respective data protection policy provided upon conclusion of the contract.

Where the processing is related to the execution of a contract with you, the legal basis for the processing of this data is the performance of the contract (Art. 6 para. 1 s.1 b) GDPR), otherwise the mutual interest to properly operating the services within B2B Connect and facilitate your collaboration with Dealers (Art. 6 pa-ra. 1 s.1 f) GDPR). Insofar as we are obliged under the applicable law to retain certain personal data for legally defined periods of time (such as in connection with business incidents), we will continue to store this personal data for as long as is necessary (Art. 6 para. 1 s.1 c) GDPR). Your personal data will be deleted immediately when it is no longer required for the purposes of fulfilling the legal obligations.

We collect the personal data set out in this section directly from you by you having provided the personal data yourself or by the system pulling it (e.g. from UMAS). Without processing the personal data, it is not possible to provide the services set out in this section.

3.4       Participation in surveys, price competitions

Insofar as you participate in surveys or price competitions offered via our website, we also use personal data from you in order to conduct these.

Personal data that we process in this context is UMAS registration data, and other information that you provide in this context.

The legal basis for the processing of this data is the performance of the contract with regard to all necessary information (Art. 6 para. 1 s.1 b) GDPR), for all other information the mutual interest (Art. 6 para. 1 s.1 f) GDPR).

If we (and possibly selected third parties) use your personal data for further purposes (e.g. display of personalised content or advertising based on your usage behaviour), the legal basis is your consent (Art. 6 para. 1 s.1 a) GDPR) via our Consent Management System. You can obtain further information and decision-making options here: https://b2bconnect.mercedes-benz.com/ae/help/cookies.

We collect the personal data set out in this section directly from you by you having provided the personal data yourself. Without processing the personal data, it is not possible to provide the services set out in this section.

3.5       Other services integrated via the websites

In addition, we jointly use the personal data set out below with MBAG (and the Dealers, if applicable) in order to provide you with certain services/dashboard views in connection with B2B Connect, B2B Connect App and the After Sales Applications and Data Content via our websites.

a) Parts search by entering the FIN / VIN

The "Parts search" application allows you to search for vehicle parts based on the FIN/VIN. In addition, you can add part numbers to the shopping basket without detours, import externally stored parts lists or select a template that you have stored, and have your Dealer's special offers displayed at the time of registration to B2B Connect.

In order to create vehicles and display specific parts in this application, the processing of your end customer's FIN/VIN and your UMAS registration data is required (if applicable, also your end customer's number plate for the "FIN/VIN number plate comparison" (for countries Great Britain, Netherlands, Sweden, France)). The transmission of FIN/VIN can be selected during the process.

The legal basis for the processing of this data is the performance of the contract with regard to all necessary information (Art. 6 para. 1 s.1 b) GDPR), for all other information the mutual interest to properly operating the services within B2B Connect and facilitate your collaboration with Dealers (Art. 6 pa-ra. 1 s.1 f) GDPR).

Data will be stored in the dashboards for as long as you make use of such a service or for as long as we need to store the data in order to comply with legal obligations (e.g. archiving obligations, which may take up to six or ten years).

We collect the personal data set out in this section directly from you by you having provided the personal data yourself. Without processing the personal data, it is not possible to provide the services set out in this section.

b) Create vehicles

The "Create Vehicle" application enables you to manage a vehicle on the basis of its vehicle identification number (“FIN/VIN”) in order to simplify the use of the after sales services (including the search for vehicle spare parts and information on repair instructions, retrofitting options, fault diagnosis keys and other checklists as well as information on working hours, prices (incl. agreed conditions, if applicable) service packages and supplementary information in order to provide a precise cost estimate and efficient repair implementation, access to the Digital Service Booklet), for which further information is provided in the respective data protection policies.

In order to create and display specific vehicles in this application, the processing of your end customer's FIN/VIN and your UMAS registration data is required which can be selected during the process.

The legal basis for the processing of this data is the performance of the contract with regard to all necessary information (Art. 6 para. 1 s.1 b) GDPR), for all other information the mutual interest (Art. 6 para. 1 s.1 f) GDPR).

Data will be stored in the dashboards for as long as you make use of such a service.

We collect the personal data set out in this section directly from you by you having provided the personal data yourself. Without processing the personal data, it is not possible to provide the services set out in this section.

c) Order history / dealer / account

Furthermore, we enable you to view via our websites (i) which products have been purchased by you via B2B Connect and in the form of After Sales Applications and Data Content (including how long they will remain available), (ii) which Dealers you have selected, (iii) which other users are registered for your organisation, as well as (iv) further transactional related information.

The use requires the processing of your UMAS registration data as well as the registration data of other users of your organisation and your order information.

The legal basis for the processing of this data is the performance of the contract (Art. 6 para. 1 s.1 b) GDPR).

Data will be stored in the dashboards for as long as you make use of such a service as well as for an additional period during which we are required to store such information in order to comply with local laws (such as archiving obligations, which can amount up to six or ten years).

We collect the personal data set out under this section directly from you by you having provided the personal data yourself. Without processing the personal data, it is not possible to provide the services set out in this section.

d) Ticket Support

 Pre-selected Dealers may support you with complaints or other requests concerning a transaction via B2B Connect. The pre-selected Dealer may receive access to your service requests (e.g. tickets) and may support you with those through the B2B Connect Seller Center in order to provide support. Dealers may also support you with opening accounts and related transactions via B2B Connect. Such a support is provided only in the relationship between you and the respective Dealer and occurs exclusively under the responsibility of the latter who is acting as a controller in the meaning of the GDPR.

The legal basis for allowing the dealer to access the relevant data is the legitimate interest to allow for a most efficient operation of the services and their use by you (Art. 6 para. 1 s.1 f) GDPR).

Data will be stored for as long as you make use of such a service or for as long as we need to store the data in order to comply with legal obligations (e.g. archiving obligations, which may take up to six or ten years).

e) Partners’ Customer Management

B2B Connect Seller Center enables Partners to create profiles for their Customers in order to manage the overall customer relationship.

In this context, Customer data (e.g. company name, user ID, employee name, company address, order, parts ect.) is processed.

The legal basis for the processing of this data is the performance of the contract with regard to all necessary information (Art. 6 para 1 s. 1 b) GDPR).

Data will be stored for as long as you make use of such a service or for as long as we need to store the data in order to comply with legal obligations (e.g. archiving obligations, which may take up to six or ten years).

f) Customer performance

Partners have the opportunity to view the performance of their Customers and run business reportings based on sales number etc, in the B2B Connect Seller Center. Analyses and reportings can be created that show you for example with which Customer Partner achieved the highest increase in turnover, the highest decline in turnover etc.. For this purpose, Customer data (e.g. company name, user ID, employee name, company address, order, parts ect.) is processed.

We typically process such data as a data processor in the meaning of Art. 28 GDPR on your behalf.

g) 5*Rater

In addition, an evaluation tool is made available to you for evaluating the performance of the Dealers via these websites. This is intended to improve the performance of the Dealers and these websites.

When you use the 5*Rater, the order number and order status (if related to a product) as well as your UMAS registration data and feedback are processed. This data will also be passed on to the Dealers so that they can contact you if necessary in order to implement your feedback accordingly.

The legal basis for the processing of this data is a direct implementation of your feedback as performance of contract comprehending the 5*Rater as a voluntary service (Art. 6 para. 1 s.1 b) GDPR), possibly also your consent (Art. 6 para. 1 s.1 a) GDPR) by means of our Consent Management System, if the data is used for purposes of internal analysis. You can obtain further information and decision-making options here: https://b2bconnect.mercedes-benz.com/ae/help/cookies.

We collect the personal data set out under this section directly from you by you having provided the personal data yourself. Without processing the personal data, it is not possible to provide the services set out in this section.

3.6       Business analyses and marketing campaigns

For market research and internal business analysis purposes, Dealers and we provide MBAG with specific data relating to aftersales service transactions via B2B Connect, including invoice number, or parts/services that have not been sold (“lost sales”), FIN/VIN, dealer ID, information on products, parts or services sold, registration number (UK only), first registration and mileage of a vehicle.

When processing the data, it may be supplemented by other information known to MBAG about the transmitted vehicle, its model, series, equipment or its parts and components. As a rule, this processing is carried out to improve the quality of the data transmitted by the dealer (e.g. addition of the date of first registration if the dealer has not entered this).

The transmitted data may also be used by MBAG in anonymised form for other processing purposes, such as statistical and analysis purposes.

a) Business analyses

Based on the data provided, MBAG performs customary aftersales and business analytics evaluations for further use by the respective Dealers and us (e.g. to determine how many products of a certain type have been sold in a country or to validate pricing models).

MBAG and its employees operate strictly in accordance with the need-to-know principle and have implemented specific safeguards to ensure the processing of such data in accordance with its stated purposes.

The legal basis for this type of processing is the legitimate interests of us, the dealers and MBAG (Art. 6 para. 1 s.1 f) GDPR), which is to operate the most efficient sales systems possible. The lawfulness of the processing for the business analyses forms the legitimate interest of us, the Dealers and MBAG (Art. 6 para. 1 s.1 f) GDPR), which consists in improving the effectiveness of sales and internal business processes.

b) Marketing campaigns

In some markets, MBAG may process the above data to assist Dealers and us in conducting direct marketing campaigns which includes the creation of related business reporting and analysis with reference to a particular customer, sales figures and other business related information. MBAG may also centrally manage and send relevant marketing campaigns and materials to end customers in the name of and on behalf of the aforementioned. In some markets we may provide similar services to Dealers.

All these activities are carried out exclusively on behalf of the Dealers and us (if applicable, data processing on behalf pursuant to Art. 28 GDPR).

We collect the personal data set out in this section directly from you by you having provided the personal data yourself or indirectly from your activities on our websites.

3.7       Newsletter

If you subscribe to a newsletter offered on our websites, the data provided when registering for the newsletter will be used solely for the purpose of mailing the newsletter, unless you consent to its use for additional purposes. You may unsubscribe at any time by using the unsubscribe option provided in the newsletter.

To register, you must provide us with your email address. You can voluntarily provide us with additional information, such as your name. The registration takes place in a so-called double opt-in procedure. After registration, you will receive a confirmation email from us in which you must confirm the registration again. This entire process is documented and stored. This includes the storage of the registration and confirmation time as well as your IP address.

The legal basis for the processing of personal data in connection with the sending of the newsletter is your consent (Art. 6 para. 1 s.1 a) GDPR).

You can revoke your consent to the processing of your personal data in connection with the sending of the newsletter at any time by cancelling the newsletter. For this purpose, please use the provided link at the end of the newsletter to cancel. The legality of the data processing already carried out remains unaffected by the revocation.

3.8       Use due to legal obligation

In addition, we use your personal data if we are legally obliged to do so (e.g. storage to comply with commercial or tax retention obligations, disclosure in accordance with official or court orders, e.g. to a law enforcement agency).

In this case, the legal basis for the processing of personal data is the fulfilment of legal requirements (Art. 6 para. 1 s.1 c) GDPR). Your personal data will be deleted immediately if it is no longer required for the fulfilment of legal obligations.

4. Transfer of personal data to third parties; social plug-ins; use of service providers

a) Our websites may also contain offers from third parties. When you click on such an offer, we transmit data to the respective provider to the extent necessary (e.g. the information that you found this offer on our website and, if applicable, further information that you have already provided for this purpose on our websites).

b) If we use so-called "social plug-ins" from social networks such as Facebook and Twitter on our websites, we integrate these as follows:

When you visit our websites, the social plug-ins are deactivated, i.e. no data is transmitted to the operators of these networks. If you wish to use one of the networks, click on the respective social plug-in to establish a direct connection with the server of the respective network.

If you have a user account with the network and are logged in at the time the social plug-in is activated, the network can assign your visit to our website to your user account. If you wish to avoid this, please log out of the network before activating the social plug-in. A social network cannot associate a visit to other (Mercedes-Benz) websites with your user account unless you have also activated a social plug-in there.

When you activate a social plug-in, the network transmits the content that becomes available as a result directly to your browser, which integrates it into our websites. In this situation, data transfers may also take place that are initiated and controlled by the respective social network. Your connection to a social network, the data transfers that take place between the network and your system and your interactions on this platform are governed exclusively by the data protection policies of the respective network.

The social plug-in remains active until you deactivate it or delete your cookies (see section 5.d).

The legal basis for this type of processing on our websites is our legitimate interest (Art. 6 para. 1 s.1 f) GDPR), which is to enable you to use the social plug-ins, which you indicate by clicking on them.

c) When you click on the link to an offer or activate a social plug-in, personal data may be transferred to providers in countries outside the European Economic Area which, from the perspective of the European Union ("EU"), do not ensure an "adequate level of protection" for the processing of personal data in line with EU standards. Please bear this in mind before clicking on a link or activating a social plug-in and thereby triggering a transfer of your data.

d) We also use qualified service providers (e.g. IT service providers, marketing agencies) to operate, optimise and secure our websites. We only forward personal data to them insofar as this is necessary for the provision and use of the websites and their functionalities, for the pursuit of legitimate interests (both 6 para. 1 s.1 f) GDPR), for the fulfilment of legal obligations (Art. 6 para. 1 s.1 c) GDPR) or insofar as you have consented to this (Art. 6 para. 1 s.1 a) GDPR). You can find more details on the recipients (in case of consent) in our Consent Management System: https://b2bconnect.mercedes-benz.com/ae/help/cookies.

5. Cookies

a) Cookies may be used when visiting our websites. Technically, these are so-called HTML cookies and similar software tools such as web/DOM storage or local shared objects (so-called "flash cookies"), which we refer to collectively as cookies.

b) Cookies are small files that are stored on your desktop, notebook or mobile device when you visit a website. From these, it is possible to recognise, for example, whether there has already been a connection between the device and the websites, to take into account your preferred language or other settings, to offer you certain functionalities (e.g. online shop, vehicle configurator) or to recognise your interests on a usage basis. Cookies may also contain personal data.

c) Whether and which cookies are used when you visit our websites depends on which areas and functions of our websites you use and whether you consent to the use of cookies that are not technically necessary in our Consent Management System. For more information and decision-making options, please click here: https://b2bconnect.mercedes-benz.com/ae/help/cookies

d) The use of cookies also depends on the settings of the web browser you use (e.g. Microsoft Edge, Google Chrome, Apple Safari, Mozilla Firefox). Most web browsers are preset to automatically accept certain types of cookies; however, you can usually change this setting. You can delete existing cookies at any time. You can delete web/DOM storage and Local Shared Objects separately. You can find out how this works in the browser or device you are using in the provider's instructions.

e) Consent (= approval) to cookies as well as rejection or deletion of cookies are linked to the device used and also to the web browser used in each case. If you use several devices or web browsers, you can make the decisions or settings differently in each case.

f) If you decide against the use of cookies or delete them, it is possible that not all functions of our websites or individual functions will only be available to you to a limited extent.

6. No obligation to provide

The provision of personal data by the data subjects (you, end customers) is generally voluntary. In principle, there is neither a legal nor a contractual obligation on the part of the data subjects to provide the data. However, in the event of non-provision of personal data (such as the FIN/VIN), it may be that individual services or parts thereof cannot be provided or cannot be provided properly. In individual cases, the provision may even be required by law (e.g. in the case of mandatory recalls).

7. Security

We use technical and organisational security measures in order to protect your data we have under our control/managed by us against manipulation, loss, destruction and against access by unauthorised persons. We continuously improve our security measures in line with technological developments.

8. Deletion of your personal data

Your IP address and the name of your internet service provider, which we store for security reasons, are deleted after seven days as described above. Storage beyond this period is possible. In this case, the IP addresses are deleted or alienated so that it is no longer possible to assign the calling client.

Otherwise, we delete your personal data as soon as the purpose for which we collected and processed the data no longer applies. Beyond this time period, data storage only takes place to the extent made necessary by the legislation, regulations or other legal provisions to which we are subject in the EU or by legal provisions in third-party countries if these have an appropriate level of data protection. Should it not be possible to delete data in individual cases, the relevant personal data are flagged to restrict their further processing.

9. Data subjects' rights

a) As a data subject (person) affected by data processing, you have the right to information (Art. 15 GDPR), correction (Art. 16 GDPR), data deletion (Art. 17 GDPR), restriction of processing (Art. 18 GDPR) and data portability (Art. 20 GDPR).

b) If you have consented to the processing of your personal data by us, you have the right to revoke your consent at any time. The lawfulness of the processing of your personal data until revocation is not affected by the revocation. Likewise, further processing of this data on the basis of another legal basis, such as for the fulfilment of legal obligations, remains unaffected.

c) Right to object:
You have the right to object at any time, for reasons relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Art. 6 para 1 s.1 e) GDPR (data processing in the public interest) or Art. 6 para. 1 s.1 f) GDPR (data processing on the basis of a balance of interests). If you object, we will only continue to process your personal data if we can demonstrate compelling legitimate grounds for doing so that override your interests, rights and freedoms, or if the processing serves to assert, exercise or defend legal claims. If we process your personal data for the purpose of direct marketing to protect legitimate interests on the basis of a balance of interests, you also have the right to object to this at any time without giving reasons.

d) We ask you to send your claims or explanations to the following contact address if possible: dialog@mercedes-benz.com

e) If you believe that the processing of your personal data violates legal requirements, you have the right to lodge a complaint with a competent data protection supervisory authority (Art. 77 GDPR).

10. Automated decisions

We will not use your personal data to make automated decisions (including profiling) about you that have legal effect on you or similarly significantly affect you.

11. Mercedes-Benz AG Central Access Service

With the Central Registration Service offered by Mercedes-Benz AG, you can sign up for every website and application belonging to the Mercedes-Benz Group and its brands that are connected to the service. The applicable terms of use contain specific data protection provisions. Those terms of use can be found on the registration pages of affiliated websites and applications.

12. Data transfer to recipients (outside the European Economic Area)

12.1.    Recipients in general

We share your personal data with the following recipients:

a. We use processors to process personal data for the above purposes, who process the personal data on our behalf. We retain control over the respective personal data and remain the data controller.

b) For payment processing in the course of orders, we transmit payment details to banks or payment service providers if required by the payment method.

c) In individual cases, we may, at your request, share the personal data required for the order with our international representative offices (other companies in the group of companies). Unless there is an adequacy decision of the European Commission for the respective third country outside the European Economic Area, this is done for the performance of a contract (on the basis of Art. 49 para. 1 b) GDPR).

d) We transmit personal data in individual cases to courts, law enforcement agencies, supervisory authorities, other authorities, tax advisors and lawyers if this is legally permissible and necessary.

12.2     Recipients outside the European Economic Area

When using service providers (see section 4. d.) and passing on data with your consent (= approval) to third parties (see for example section 5), personal data may be transferred to recipients in countries outside the European Union ("EU"), Iceland, Liechtenstein and Norway (= European Economic Area) and processed there, in particular USA, India.

In the following countries, there is an adequate level of protection for the processing of personal data from the EU's perspective (so-called adequacy decision): Andorra, Argentina, Canada (limited), Faroe Islands, Guernsey, Israel, Isle of Man, Japan, Jersey, New Zealand, Switzerland, Uruguay. With recipients in other countries, we agree to apply EU standard contractual clauses, binding corporate rules to provide an "adequate level of protection" in accordance with legal requirements. We will be happy to provide you with information on this via the contact details mentioned in point 9.d. above.

Status: May 2024

Terms of Use for
Mercedes-Benz B2B Connect, B2B Connect App, After Sales Applications and Data Content 

1. General information

1.1 The Mercedes-Benz B2B Connect platform (hereinafter referred to as "B2B Connect") is an information and trading platform that provides an overview of and access to repair and service information and Mercedes-Benz genuine parts.

1.2 The customers will have access to the online sales of Mercedes-Benz genuine parts, which is provided via B2B Connect. B2B Connect gives customers the opportunity to research Mercedes-Benz genuine parts independently, as well as to view prices and availability of genuine parts and order them from their Mercedes-Benz authorized service partner (“Partner”). In addition, B2B Connect offers customers further advantages such as access to sales activities of your Partner as well as order management including templates. In addition, Customer will have access to a mobile version of B2B Connect, the B2B Connect App through which certain functions of B2B Connect can be used on a mobile device (hereinafter referred to as the "B2B Connect App". Besides, the customers get access, as far as available in the relevant market, to the online distribution of repair and service information, which is carried out as part of B2B Connect, including maintenance information, diagnostic solutions, workshop equipment (hereinafter referred to as "After Sales Applications and Data Content"; B2B Connect, B2B Connect App and After Sales Applications and Data Content hereinafter also jointly referred to as "Systems"). Finally, as part of B2B Connect, the customers may use an evaluation tool, which enables the customers to evaluate the Systems and the performance in this regard and provide feedback (hereinafter referred to as "5*Rater").

1.3   The provider of B2B Connect is Gargash Enterprises L.L.C. with registered office in principal place of business at Al Ittihad Street, P.O.Box 1418 (hereinafter referred to as called " Gargash Enterprises "). The provider of the After Sales Applications and Data Content which are available for purchase and use via B2B Connect within the European Union (EU), European Free Trade Association (EFTA) or the United Kingdom is Mercedes-Benz AG with its registered office in Stuttgart (hereinafter referred to as "MBAG"). Outside of those territories the provider of the After Sales Applications and Data Content shall be Gargash Enterprises.

1.4   The Systems belong to and are technically supported by MBAG. The Systems are offered and intended exclusively for commercial customers within the meaning of Section 14 of the German Civil Code (BGB), i.e. for B2B and independent contractors who carry out repair and maintenance services for motor vehicles (hereinafter referred to as "Customers"). The use of the systems by end customers and consumers is expressly not permitted.

1.5   The permission to make use of the Systems depends on the acceptance of the Customer’s application for admission (see registration process in Sec. 2.2 hereunder) which is made by an email confirming admission. In its application for admission, the Customer shall specify its organization and organization address as well as the Customer administrator’s name and email address. Additional users of an organization can solely be created by the Customer administrator. Per organization only one administrator is permitted. In addition, the Customers must belong to the authorized group of persons of the respective System. Conditions for becoming an authorized user are set out below in these terms of use (hereinafter referred to as “Terms of Use”). The sole acceptance of these Terms of Use does not imply any claim by the Customer to the provision of all the above-mentioned Systems.

1.6   These Terms of Use define the rules of use of the Systems by the Customers.

2. Technical requirements, registration and accounts, use policy, license 

2.1 In order to use the Systems, Customers need a standard PC/laptop/tablet and a browser compatible with modern web standards.

2.2 To use the Systems, a registration and account creation via the UMAS system of MBAG is required. For the registration and account creation the terms of use and data protection regulations for UMAS apply. Once the Customer has created such an account and has received confirmation of it through MBAG via email, Customer is an authorized user of the B2B Connect Platform and the other Systems accessible through it. The use of other Systems, however, being subject to separate conditions, terms of use and additional data protection notices as set out below.

2.3 The Customer undertakes not to disclose his account data assigned to him or his staff (e.g. his employees) to any unauthorized person (in particular anyone outside the Customer’s organization). Gargash Enterprises excludes any liability for the misuse of user account ID and password in the Customer´s organizational unit.

2.4 Gargash Enterprises reserves the right to block a Customer / a Customer’s user in the event of signs of improper use. A use shall be deemed improper in particular where a Customer uses the Systems or information provided therein outside the intended use purposes, uses the system for illegal purposes or purposes violating the rights of Gargash Enterprises or third parties or uses the Systems in non-compliance with additional guidelines as provided for by Gargash Enterprises. Accordingly, the Customer warrants that the details furnished by it to Gargash Enterprises in particular in connection with its application for admission under Sec. 1.4 are true and complete. The Customer undertakes that it shall notify Gargash Enterprises promptly of all future changes to the details given. The same shall apply with respect to all details the Customer furnishes when setting up further accounts for authorized users. Besides that, the Customer undertakes to ensure that the hardware and software employed by him in the use of B2B Connect, including work-station computers, tablets, routers, data communication systems and so forth are free from any viruses, worms, Trojan horses, etc. With regard to any data uploaded by the Customer, the Customer undertakes to ensure that he is the holder of all rights in the uploaded data and may freely dispose over the use, including that the uploaded data is not encumbered with third-party rights, which stand opposed to such a use.

2.5 Subject to Customer’s compliance with these Terms of Use, Gargash Enterprises or its content providers grant Customer a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use of B2B Connect, B2B Connect App and After Sales Applications and Data Content for its own commercial purposes. All rights not expressly granted to Customer in these Terms of Use are reserved and retained by Gargash Enterprises or its licensors. The Customer is not entitled to allow third parties outside of its organization access to B2B Connect. This does not apply to third parties performing operational tasks on behalf of the Customer in connection with the use of DSB. Customer may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of B2B Connect, B2B Connect App or After Sales Applications and Data Content without Gargash Enterprises’ express written consent.

2.6 In case that Gargash Enterprises and/or Customer are located within the European Union (EU), the Mercedes-Benz Platform rules as provided together with these Terms of Use as Annex 1 shall apply.

3. Availability of the services 

3.1 There may be interruptions in availability due to maintenance required for the website and B2B Connect App. Interruptions in availability may occur due to force majeure or other causes beyond the control of Gargash Enterprises.

3.2 Gargash Enterprises points out
1) that it is technically impossible to make the Systems available free of errors of any kind and that the provider therefore assumes no responsibility whatsoever,
2) that errors can lead to temporary shutdown of the Systems,
3) that the availability of the Systems is dependent on conditions and performance beyond the control of Gargash Enterprises, such as transmission capacity and telephone links between the various parties involved. Gargash Enterprises is not responsible for disruptions falling within this area.

4. Mandatory instructions for use for B2B Connect, B2B Connect Seller Center

B2B Connect provides a service that allows the Customer to create vehicles to enable quicker location of parts and technical information matching the respective end-customer vehicle. By accepting these Terms of Use, the Customer agrees to provide the end-customer with all relevant information and ensure that Customer is entitled to use personal data of an end-customer in this context in accordance with applicable laws, especially with regard to the vehicle identification number (“FIN/VIN”) of the end-customer vehicle, the vehicle registration number and the end-customer name, if applicable and such data being entered.

Upon request Customer may receive support from a pre-selected Mercedes-Benz authorized partner through the B2B Connect Seller Center (“Seller Center”) which enables the selected Mercedes-Benz authorized partner to support with complaints or other requests concerning B2B Connect. The selected Mercedes-Benz authorized partner may receive access to Customer’s service requests (e.g. tickets) in order to provide support. Such a support is provided only in the relationship between Customer and Mercedes-Benz authorized partner and exclusively under the responsibility of the latter. Gargash Enterprises is not assuming any responsibility for Mercedes-Benz authorized partner’s use of Seller Center or additional support provided to Customer rendered thereunder. Section 11 shall, however, remain unaffected.

5. Further provisions for the use of B2B Connect 

5.1 However, in order to purchase parts via B2B Connect, the Customer will have to accept separate terms of use and be activated for online ordering by the respective Mercedes-Benz authorized partner. Afterwards, Customer will be able to purchase parts directly via B2B Connect from Mercedes-Benz authorized partners. Such a purchase will be based on general terms and conditions and data protection provisions or notifications of the Mercedes-Benz authorized partner, which is the contracting partner of the Customer. Payment will be executed separately and be governed by the general terms and conditions of the Mercedes-Benz authorized partner.

5.2 Customer can select parts from the Mercedes-Benz authorized partners and collect them in a so-called shopping cart by clicking on the button "Add to cart".

5.3 The offering of parts shall not constitute any legally binding offer within the meaning of sec. 145 of the German Civil Code, but rather merely constitute an invitation to tender bids to the Mercedes-Benz authorized partners („invitatio ad offerendum“). Where a Mercedes-Benz authorized partner and a Customer have not made any agreement to the contrary, by clicking the button “send order” Customer submits a binding application to purchase the parts and a contract shall be deemed formed at such time as the Mercedes-Benz authorized partners accept the order of a Customer by forwarding an order acceptance. The order acceptance may either be sent by Mercedes-Benz authorized partner in electronic form or generated in B2B Connect itself. In this respect, Gargash Enterprises only acts as messenger of receipt for the respective declarations of intent. Before submitting the order, the Customer can change and view the data at any time.

5.4 Before sending an order, Customer must check whether the selected item(s) fit the respective vehicle. Mercedes-Benz authorized partner may provide the Customer via B2B Connect with information on the estimated time of arrival of the ordered parts.

5.5 When ordering parts from the Mercedes-Benz authorized partner via B2B Connect, company data of the Mercedes-Benz authorized partner will be displayed in the system, as well as corresponding discount information from their Mercedes-Benz authorized partner. When ordering parts Mercedes-Benz authorized partner will receive order details ((number of) ordered parts, order number) including company details (organization name and address, user name, email, phone number) referring to the Customer and the relevant transaction. This information is used for online parts ordering and associated measurement of market acceptance and further development of the system.

5.6 Certain information with regard to Customers transaction as executed via B2B Connect will be provided to Gargash Enterprises to be displayed to Customer within B2B Connect, including the order history, specific information of purchased parts, etc.

5.7 Further information regarding the processing of the Customers’ personal data which is forwarded to the Mercedes-Benz authorized partner in order to enable the purchase of parts, may be set out in the privacy policy or related terms of the respective Mercedes-Benz authorized partner.

5.8 The Mercedes-Benz authorized partners, Gargash Enterprises and MBAG assume no liability whatsoever for missing or incorrect information such as, for example, on installation, prices and discounts as well as information on the estimated time of arrival and information within the scope of the return process. The availability of parts as well as the information on the estimated time of arrival shown is based on experience and is not binding.

6. Further provisions for the use of B2B Connect App

6.1 The B2B Connect App enables the mobile use of specific B2B Connect functions on mobile devices in the workshop. Users can log in into the B2B Connect App using the same credentials as for the current B2B Connect web platform. The B2B Connect App provides for example the additional function of a VIN scan, with which a VIN can be recorded directly via the camera of the mobile device without manual entry into B2B Connect so that for example matching spare parts under consideration for the corresponding model are displayed directly in the B2B Connect App. The B2B Connect App also allows the user to scan a part directly on the vehicle using the smartphone’s camera, providing the user with a list of best matches. This works only for visible parts.

6.2 Customer can select parts and collect them in a so-called shopping cart by clicking on the button "Add to basket". The shopping cart in the app is synchronised with the B2B Connect shopping cart on the website. The ordering process remains unchanged.

6.3 The use of the B2B Connect App through Customers is governed by the terms for B2B Connect as set forth hereunder.

7. Further provisions for the use of After Sales Applications and Data Content

7.1 If Gargash Enterprises is located within the European Union (EU), European Free Trade Association (EFTA) or the United Kingdom, when ordering After Sales Applications and Data Content via B2B Connect, Customer will purchase the respective services directly from MBAG. If Gargash Enterprises is located outside of the European Union (EU), European Free Trade Association (EFTA) or the United Kingdom, After Sales Applications and Data Content will be purchased from Gargash Enterprises. For the actual purchase of After Sales Applications and Data Content the general terms and conditions including related data protection provisions and notifications of MBAG or Gargash Enterprises will apply.

7.2 Customer can select After Sales Applications and Data Content and collect them in a so-called shopping cart by clicking on the button "Add to basket".

7.3 The offering of After Sales Applications and Data Content shall not constitute any legally binding offers within the meaning of sec. 145 of the German Civil Code, but rather merely constitute an invitation to tender bids („invitatio ad offerendum“). Where Gargash Enterprises or MBAG and a Customer have not made any agreement to the contrary, by clicking the button “confirm order and pay” Customer submits a binding application to purchase the After Sales Applications and Data Content and a contract shall be deemed formed at such time payment was successful and as Gargash Enterprises or MBAG accepts the order of a Customer by forwarding an order acceptance. The order acceptance will be sent in electronic form. In this respect, Gargash Enterprises only acts as messenger of receipt for the respective declarations of intent. Before submitting the order, Customer can change and view the data at any time.

7.4 Information regarding the processing of the Customers’ or Customer’s customers personal data through MBAG or Gargash Enterprises in the context of providing the After Sales Applications and Data Content is set out in the specific data protection regulations for After Sales Applications and Data Content.

8. Further provisions for the use of 5*Rater

8.1 When using the 5*Rater to rate the performance of a Mercedes-Benz authorized partner, certain information of the Customer, including Customer company name and purchase related information, will be forwarded to Gargash Enterprises and the Mercedes-Benz authorized partner that is concerned by the evaluation of the Customer.

8.2 Further details on how the information is used by MBAG, Gargash Enterprises or the Mercedes-Benz authorized partner is set out in the privacy policy for B2B Connect.

9. Copyright and database rights

9.1 All content included in or provided by the Systems, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data collections are all subject to copyright and other intellectual property laws. They may not be copied, either for commercial purposes or for redistribution, nor may they be modified and used on other websites. Some material is subject to the copyright of those parties who have made such material available.

9.2 Customers may not systematically extract and/or reuse essential parts of the Systems without explicit written permission from MBAG. In particular, they may not use data mining, robots or similar data collection and extraction programs to extract any essential parts of the Systems for reuse (whether once or several times) without the explicit written permission of MBAG. Furthermore, Customers may not create and/or publish an own database containing essential parts of the Systems without the explicit written permission of MBAG.

10. Claims from intangible property rights

MBAG respects the intangible property rights of third parties. If a Customer is of the opinion that its intangible property rights have been used in a way that gives cause to fear an infringement, it has to follow the procedure for notifying Gargash Enterprises / MBAG of an infringement.

11. Liability 

11.1 Gargash Enterprises always endeavours to ensure that the Systems are available without interruption and that transmissions are error-free. However, due to the nature of the Internet this cannot be guaranteed. Access to the Systems by the Customer may also be interrupted or restricted occasionally to enable repairs, maintenance or the introduction of new equipment. Gargash Enterprises will attempt to limit the frequency and duration of any such temporary interruptions or restrictions.

11.2 Insofar as the liability of Gargash Enterprises is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

11.3 With regard to the actual provision of purchased After Sales Applications and Data Content, the respective general terms and conditions of either Gargash Enterprises or MBAG apply.

12. Links to other websites

12.1 For links to other websites that are not operated by Gargash Enterprises and the content located on such a website, Gargash Enterprises has no possibility to control the content of this website, as it is completely independent from Gargash Enterprises.

12.2 For this reason, Gargash Enterprises does not accept any responsibility for the contents of these websites and the consequences of their use by visitors to these websites. Accessing all websites accessible via links is at the Customer's own risk.

12.3 Other websites may have a link to the websites of Gargash Enterprises. Such a link requires the prior consent of Gargash Enterprises.

12.4 The terms of use there apply to the services of the websites of the links provided by the provider to the Gargash Enterprises products.

13. Changes to the Terms of Use 

Gargash Enterprises is entitled to change the functions provided through B2B Connect (including B2B Connect App and After Sales Applications and Data Content) contents if such a change would not require a change to these Terms of Use. Gargash Enterprises shall notify Customer in textual form (e.g. e-mail) at least one month prior to such change.

Gargash Enterprises shall be entitled to amend these Terms of Use to the extent such a change is neutral or beneficial to Customers unilaterally at any time. Otherwise, Gargash Enterprises shall notify Customer in textual form at least six (6) weeks prior to such a change. If Customer does not object to such changes in textual form within four (4) weeks after having received such a notification the proposed changes shall become binding upon the parties six (6) weeks after the notification. Gargash Enterprises shall notify the Customer of the effect of not objecting to such changes together with such a notification. Customer shall have the right to object to such changes. If Customer objects, Gargash Enterprises shall have the right to terminate the Customers use of the Systems affected by such a change for cause.

With regard to the actual provision of purchased After Sales Applications and Data Content, the respective general terms and conditions of either Gargash Enterprises or MBAG apply.

Section 12 shall remain unaffected hereof.

14. Term and Termination

14.1 These Terms of Use commence on the acceptance of them and continue upon termination (textual form suffices with regard to all terminations under this § 14).

14.2 The Customer may terminate these Terms of Use anytime with a notice period of four weeks by which its right to use B2B Connect and B2B Connect App ends accordingly. With regard to the actual provision of After Sales Applications and Data Content, the respective terms and conditions apply.

14.3 Gargash Enterprises may cease providing B2B Connect and B2B Connect App and may terminate Customer’s right to use with a notice period of four weeks. With regard to the actual provision of After Sales Applications and Data Content, the respective terms and conditions apply.

14.4 Either Party may immediately terminate these Terms of Use for cause.

14.5 A termination for cause shall in particular be possible in case of discontinuation of the main license. Gargash Enterprises rights to provide B2B Connect and B2B Connect App to the Customer derive from an agreement between MBAG and Gargash Enterprises. Gargash Enterprises may therefore terminate these Terms of Use without prior written notice to the Customer if its own rights to provide B2B Connect and B2B Connect App are terminated / not continued by MBAG.

15. Place of jurisdiction and applicable law 

15.1 Differences of opinion and disputes arising from these Terms of Use shall be governed exclusively by the law of the United Arab Emirates.

15.2 The sole place of jurisdiction is the registered seat of Gargash Enterprises.

16. Final provisions 

16.1 In the event of a violation of these Terms of Use, Gargash Enterprises is further entitled to exercise its rights at every opportunity in which the Customer violates these Terms of Use.

16.2 If any provision of these Terms of Use is invalid, void or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

16.3 The invalidity of a provision shall not affect the validity of the other provisions of these Terms of Use. Should this case occur, the provision shall be replaced by another legally admissible provision that corresponds to the meaning and purpose of the invalid provision.

 

Annex 1: Platform Rules

1. General Platform Rules

Gargash Enterprises reserves the right to block Partners or Customers (hereinafter together also referred to as “Users” or “User”) or take other appropriate measures in the event of signs of improper use of B2B Connect or use that violates the applicable contractual provisions. In particular, such use shall be deemed to be improper if User uses B2B Connect or information provided therein for purposes other than those for which they were intended, uses it for purposes that are illegal or violate the rights of Gargash Enterprises or third parties, or uses B2B Connect in non-compliance with other guidelines provided by Gargash Enterprises.

User warrants that all information provided to Gargash Enterprises and other Users will be true, accurate and complete at all times and in compliance with all legal requirements and applicable contractual provisions. User undertakes to inform Gargash Enterprises without delay of any future material changes to the information provided to Gargash Enterprises that are relevant to the contractual or usage relationship.

In particular, B2B Connect may not be used for the dissemination of information that meets the following criteria: racist, inhuman slogans; the provision of false or otherwise incorrect information; information that is offensive, abusive, harassing, hateful, obscene, threatening or otherwise objectionable; information that violates legal requirements or with which applicable requirements are not sufficiently observed or implemented (e.g. in the case of labelling or transparency obligations); information whose provision or dissemination constitutes a criminal offence or misdemeanor; information the provision or dissemination of which constitutes a criminal offence or an administrative offence.

If information provided violates the applicable terms of use of B2B Connect and Gargash Enterprises becomes aware of it (e.g. through a report from a Customer, Partner or other third party), Gargash Enterprises reserves the right to immediately (if necessary also only temporarily) block or delete the corresponding content and to take all further necessary steps.

If necessary or appropriate, the following measures will be taken depending on the severity, frequency and number of the violation(s):

• temporary or permanent deletion of content;

• temporary blocking of a User account or User access;

• inactivation of the User account or User access for 3 months;

• permanent blocking of the User account and all associated content;

• permanent blocking of the User account and all associated content and inclusion of the access data, in particular the specified e-mail address and other master data for identifying User, on a blacklist with the consequence that a new User account or content cannot be created;

To the extent legally required, User will be informed of Gargash Enterprises 's decision and given the opportunity to comment. After further commenting (or in the absence of any such comments), Gargash Enterprises will reconsider the decision and make a final decision on how to handle the affected content. Depending on the case, additional moderation measures as described in the relevant terms of use for B2B Connect will be applied. User will receive a notification/email about the moderation decision made, including a justification.

Comments or request regarding a moderation decision under Digital Services Act can be directed to the contact points listed in section 1.3. User needs to specify which decision he/she is referring to (e.g. by stating the date, subject and/or file number) and what he/she objects to about the decision or would like to have explained in more detail.

Complaints that cannot be resolved through the processes described above can be submitted to and processed by a certified out-of-court dispute resolution body. Where necessary, information regarding access to an out-of-court dispute resolution body will be made available at the B2B website under “legal notice”. Irrespective of the involvement of such a body, recourse to the competent courts is always possible.

2. Contact points

For inquiries about content on B2B Connect, User can use the contact points that he/she can find on the B2B website under "Provider / Data privacy". When contacting Gargash Enterprises, User should always specify his/her inquiry by stating what his/her inquiry refers to, why User contacts Gargash Enterprises in this regard and how Gargash Enterprises may help User with his/her inquiry.

2.1       Illegal contents

If User wishes to report illegal content and violations of the applicable terms of use of B2B Connect, User can refer to the contact form as provided at the B2B website under "Provider / Data privacy". When contacting Gargash Enterprises, User should always specify his/her inquiry by stating e.g. why User believes a certain content is illegal or violates certain regulations, where such content can be found, when User found it etc.).

2.2       Complaints and questions against a decision

If User wishes to contact Gargash Enterprises with a complaint against a decision made against him/her as described above, User should refer to the contact form as provided at the B2B website under "Provider / Data privacy".




(May 2024)