TERMS AND CONDITIONS
General Terms and Conditions
General terms and Conditions - Jungheinrich spol. s.r.o.
Introductory Provisions
- These General Terms and Conditions (hereinafter referred to as the “GTC”) govern the relationship between the parties of the purchase contract. One of the Parties is Jungheinrich spol. s.r.o, Company ID: 35 706 678, with its registered office at Dialnicna cesta 17, 903 01 Senec, registered in the Commercial Register of the District Court in Bratislava III, Section: Sro, insert no. 12896/B as the seller (hereinafter referred to as the “Seller” or “Jungheinrich”). The other party, always an entrepreneur, is the buyer (hereinafter referred to as the “Buyer”).
- These GTC apply to purchase contracts concluded through the www.shop.jungheinrich.sk e-shop, covering both new and used goods (so-called refurbished equipment) that have undergone physical and mechanical checks (hereinafter the “Purchase Contract”). In these GTC, new and refurbished equipment is collectively referred to as “goods”.
All contractual relationships between the Seller and the Buyer are governed by the legislation of the Slovak Republic. Legal relationships not addressed in these GTC are regulated by Act No. 513/1991 Coll., the Commercial Code, as amended, and Act No. 40/1964 Coll., the Civil Code, as amended.
Purchase Contract
Conclusion of the Purchase Contract
- Buyer’s purchase order shall be considered a proposal for the conclusion of the Purchase Contract. The Purchase Contract itself is deemed concluded upon the receipt of the Seller’s binding consent with the proposal for the conclusion of the Purchase Contract by the Buyer, signifying the Seller’s confirmation of the purchase order. From this point onward, mutual rights and obligations are established between the Buyer and the Seller, defined by the Purchase Contract and these GTC, forming an integral part of the Purchase Contract.
- It is explicitly stated that goods displayed on the www.shop.jungheinrich.sk e-shop do not constitute a proposal for the conclusion of the Purchase Contract.
- The Purchase Contract is only finalized upon confirmation of the purchase order by Jungheinrich. The Seller retains the discretion to refuse the confirmation of the purchase order. Such refusal may occur in particular if:
- products listed on the website are currently unavailable;
- selected product is subject to transportation limitations;
- selected goods are misrepresented on the website, such as being displayed at an incorrect price or with an inaccurate description.
In case of refusal, the Buyer will be promptly notified via email or written communication. If the Buyer has already made the payment, they will be reimbursed within 14 days to the bank account specified by the Buyer, unless a different arrangement is agreed upon.
4. If some of the goods within a single purchase order are out of stock, the Buyer will be promptly informed by the Seller. Upon agreement with the Buyer, a partial execution of the order may occur, with the remaining goods delivered to the Buyer at a later agreed date. In such cases, the Buyer will only be invoiced for the currently delivered goods. It is explicitly stated that if the Buyer consents to partial execution, no further claims can be made regarding the remaining part of the order. The Buyer also has the option to partially cancel the order concerning the goods with delayed delivery as per the second sentence of this clause of the GTC, in which case Clause 5 below will apply mutatis mutandis.
5. If the goods become unavailable for an extended period, the Buyer and the Seller can agree on partial execution of the order, with the unavailable goods considered cancelled.
Withdrawal from the Purchase Contract
- It is explicitly stated that the Seller affirms, and the Buyer concurs, that the Purchase Contract made between the Seller and the Buyer is not subject to the provision in Sec. 7(1)(a) of Act no. 102/2014 Coll., concerning consumer protection in the sale of goods or provision of services through distance contracts or contracts concluded outside the premises of the seller. This provision grants the Buyer the right to withdraw from the contract within 14 days from the receipt of the goods without providing any reason. Similarly, other consumer protection regulations effective in the Slovak Republic shall also be excluded.
- Unless otherwise specified in these GTC or agreed upon differently between the Buyer and the Seller, unilateral withdrawal from the Purchase Contract by either Party is strictly prohibited to the broadest extent permitted by the relevant legislation.
Transfer of Ownership
- The title of ownership to the goods shall be transferred to the Buyer upon full payment of the purchase price.
- The responsibility for any damages shall be entirely transferred to the Buyer upon receipt of the goods.
Information on Goods and Price
- The Seller retains the right to modify the prices displayed on the e-shop without prior notice.
- All prices for goods featured on the website are exclusive of VAT.
- The Seller also reserves the right to rectify the price before confirming the purchase order if there was an error in the presented price for the goods. The provisions below shall apply.
- If the price displayed on the website was higher than the actual price of the ordered goods, the Buyer will be invoiced at the lower price. In this case, the Seller is not obligated to notify the Buyer of this change in advance.
- Should the price of goods listed on the website be lower than the actual price, the Seller must inform the Buyer of the accurate price. The Buyer is required to confirm the correct (higher) price. If the Buyer disagrees with the corrected price, the Purchase Contract will not be finalised, and the purchase order will be considered cancelled by the Buyer.
Binding Effect of the Offer, Purchase Order Cancellation
- The offer, encompassing the goods’ price, becomes binding for the Seller upon confirmation of the purchase order via email with the subject “Purchase Order Confirmation.” This binding commitment persists until the agreed delivery date of the goods.
- Unless otherwise stipulated in mutual agreement between the Seller and the Buyer, the Buyer can cancel the purchase order solely through a written request sent to jhshop@jungheinrich.sk. However, this cancellation option is available only until the receipt of the purchase order confirmation mentioned above.
Payment Terms
- The Buyer is required to settle the purchase price for the goods and any associated delivery expenses using one of the following methods:
- on the basis of an invoice, or;
- on the basis of a pre-invoice (advance payment).
2. If the purchase price is paid on the basis of an invoice, the Buyer will be sent the invoice along, or immediately after the purchase order confirmation by email. The Seller retains the authority to demand an advance payment equivalent to 100% of the total purchase order price. The pre-invoice is issued with a payment due date of 14 days, unless otherwise agreed by the Seller and the Buyer on case-by-case basis.
3.If the payment is made on basis a pre-invoice (advance payment), the Buyer will make the advance payment for goods up to 100% of the total purchase order price. The pre-invoice is issued with a payment due date of 14 days.
Delivery of Goods
- The Seller is accountable for the delivery of goods to the Buyer.
- Unless otherwise stated in these GTC, all postage and packaging expenses related to the delivery of new goods or JUNGSTAR (used refurbished trucks) equipment will be covered by the Seller.
- However, for refurbished equipment not covered in the aforementioned category, the Buyer is responsible for the incurred postage and packaging costs.
- The Seller is responsible for the delivery of the goods to the address specified by the Buyer. The following shall apply:
- The Buyer must provide a single delivery address per purchase order.
- The Seller will bear the expenses stated in the second sentence above only if the provided delivery address is within the territory of the Slovak Republic.
- Deliveries will be made exclusively on working days.
5. Any expenses incurred by the Seller as a result of the Buyer providing an incorrect, incomplete, or unclear delivery address shall be borne by the Buyer.
6. The Seller commits to delivering the ordered goods within 21 working days from the confirmation of the purchase order. In exceptional circumstances, such as unavailability of goods, the delivery date may be extended. The Seller holds the right to deliver the ordered goods in multiple shipments.
7. Should the Seller encounter stock shortages leading to a delay in the delivery date, the Buyer will be promptly notified.
8. Delivery dates provided are indicative and not legally binding. Exceeding the agreed-upon delivery date shall not give rise to any compensation claims or other demands from the Buyer.
9. If the Buyer defaults on any monetary or non-monetary obligation to the Seller, the Seller is authorised to withhold the delivery of goods. In such instances, the Buyer is required to reimburse the Seller for any relevant expenses incurred due to this withholding.
10. During this withholding period, all Seller’s delivery dates will be reasonably extended.
11. The assembly of goods at the Buyer’s premises is not part of the delivery process.
12. For forklift trucks requiring disassembly and subsequent re-assembly of the lifting mechanism after unloading at the Buyer’s premises, the preceding provision shall not apply. Any expenses related to this process (including disassembly and re-assembly) will be fully borne by the Buyer
13. The Buyer undertakes to inspect the packaging for any damage before signing the acceptance certificate. If any damage to the packaging is detected, it is imperative to record this in the acceptance certificate prior to its signing. Upon receipt, the Buyer is obligated to fully unpack the goods and examine them for any mechanical damage. In case of mechanical damage or incomplete delivery, the Buyer must promptly notify the Seller.
14. The Buyer will receive notification about the dispatch of goods no later than one day before its scheduled delivery. The Buyer is obligated to cooperate fully during the acceptance process. This includes being available at the designated telephone number on the delivery day or present at the specified delivery address. If the Buyer cannot fulfil this obligation, they must promptly inform the Seller and agree on an alternative delivery date. Alternatively, the Buyer may designate a substitute individual to accept the delivery on their behalf. Failure to comply with these requirements, leading to repeated unavailability, will result in goods being returned. In such cases, the same provisions as in the subsequent sentence will apply.
15. If the Buyer refuses the delivery without providing any reason, they are obligated to reimburse the Seller for all expenses incurred in attempting to deliver the goods to the Buyer and their subsequent return to the Seller.
16.If applicable, a warranty card will be delivered with the product. It may be included either within the product packaging or in a separate envelope attached to the packaging.
Warranty
- The Buyer is entitled to lodge a written complaint about the goods at the Seller’s registered office: Dialnicna cesta 17, 903 01 Senec, Slovak Republic, or via email at jhshop@jungheinrich.sk.
- The Seller guarantees the quality of the goods through a warranty. The warranty period is as follows:
a) For new goods and JUNGSTAR equipment:
i. 12 months for products equipped with an operating hour counter or until 1,500 operating hours are reached, whichever occurs first.
ii. 12 months for products without an operating hour counter.
b) 3 months for other refurbished equipment (not defined in section (a)).
Return of Goods
- The Buyer is required to present to the Seller the original invoice, original warranty card (if provided), and photographic documentation of the defective goods (highlighting the claimed defect) when lodging a complaint. Goods showing signs of staining or non-standard use will not be accepted for return.
- The Seller is accountable for defects identified by the Buyer upon delivery and for defects occurring after acceptance in the course of usage of the product during the warranty period.
- The Seller is not liable for defects caused in particular by mechanical damage, improper or inappropriate maintenance, non-standard use, or unsuitable weather conditions. The warranty does not cover standard wear and tear, damage caused by e.g., distribution network malfunctions, and use of inappropriate fluids, or light bulbs. It also excludes underperformance not resulting from a product defect or damage due to excessively extensive use.
- The Seller will determine the complaint resolution method within 3 working days of receipt. In justified cases, especially if technical assessment is necessary, this period may be extended to 30 days from the date of lodging. The Buyer will be notified of the complaint resolution via phone or email.
- If the defect is rectifiable, the Buyer is entitled to free, prompt, and proper remedy. The Seller must rectify the defect without undue delay.
- The provisions of Sec. 436 and Sec. 437 of the Commercial Code have been mutually excluded.
- The Seller may, instead of repairing the defective product, offer the Buyer a new defect-free product.
- If the defect cannot be rectified and hampers the full and proper use of the product, the Buyer can demand product replacement. Product replacement is also applicable if the defect recurs after repair or if multiple such defects prevent proper use.
- In the case of an irreparable defect, the Buyer is entitled to an appropriate price discount.
- The Buyer will receive immediate notification of the complaint result via email and optionally by phone once the complaint handling process is completed.
- Expenses related to goods transport and service engineer trips, whether during or outside the warranty period, shall be borne by the Buyer.
Cookies and Direct Marketing
Cookies
- The Buyer provides consent for the storage of so-called cookies on their computer system. Should it be possible to conduct purchases on the website and fulfil the Seller’s obligations arising from the Purchase Contract without the need to store cookies on the Buyer’s computer, the Buyer retains the right to withdraw the aforementioned consent at any given time.
Newsletters
- By subscribing to a newsletter or providing their email address, the Buyer consents to the processing of their personal data, specifically their email address, for the purpose of receiving newsletters (hereinafter referred to as “Direct Marketing”). At the same time, the Buyer’s consent to the GTC signifies that the Buyer is acquainted with and grants consent to the terms and conditions of Direct Marketing.
- The Buyer is entitled to withdraw their consent for the processing of their personal data and receiving newsletters at any given time. This can be done by clicking the link provided in the footer of any newsletter or via email at: jhshop@jungheinrich.sk.
Final Provisions
- If the Buyer finds their user experience on the Seller’s e-shop unsatisfactory, it is recommended that they promptly contact the Seller. Any enquiry made by the Buyer will be promptly addressed.
- For any complaints or enquiries, the Buyer can contact us at the Seller’s registered office, or via email at jhshop@jungheinrich.sk.
- These GTC are valid and effective from 29/09/2023. The Seller retains the right to revise these GTC without prior notice. All purchase orders will be regulated by the version of the GTC in effect at the time of their confirmation.
All relationships arising from the Purchase Contract and these GTC are subject to the laws of the Slovak Republic. Any legal disputes concerning the Purchase Contract, including disagreements about its validity, fall under the jurisdiction of Slovak courts.
In Senec, on: 28/09/2023