General Terms of Use of Jungheinrich Aktiengesellschaft for the
Jungheinrich Truck Shop
1. General
1.1 "The Jungheinrich Shop" is an online store (hereinafter
referred to as "shop") of Jungheinrich AG (hereinafter referred to as
"Jungheinrich") for the marketing of new and used economic goods, in
particular industrial trucks ("items") via the Internet in the field
of B2B business.
1.2 Only commercial customers (hereinafter referred to as "users")
may be participants of the shop.
1.3 The items are sold by the respective Jungheinrich sales company
which has its registered office in the respective country (hereinafter referred
to as "Supplier"). Business contacts and the conclusion of sales
contracts are exclusively between users and the respective supplier according
to the supplier's terms and conditions. In its function as an operator of the
portal, Jungheinrich is not involved in the business relations and conclusion
of contracts between users and suppliers. Jungheinrich merely provides the
technical facilities for the use of the shop and its applications until further
notice and is only responsible for the services and applications required for
the operation of the portal. Jungheinrich is not responsible for the
information and data exchanged in the course of business contacts between user
and supplier. The user checks independently to what extent the relevant export
control laws apply to the items.
1.4 The user shall bear the costs incurred on his part for the use of
the shop, such as his own internet access or suitable hardware and software.
2. Validity of the General Terms of Use
2.1 These General Terms and Conditions of Use apply to all services
which the provider provides to users in connection with the shop. They apply only
to entrepreneurs in the sense of § 14 BGB (German Civil Code), legal entities
under public law and special funds under public law.
2.2 These General Terms of Use apply exclusively. Jungheinrich does not
recognize any conflicting or deviating terms and conditions of the user unless
Jungheinrich has expressly agreed to them in writing.
3. Registration for participation in and use of the
internet platform
3.1 The user can enter the platform without registration to view the
offered items. Prior to submitting a purchase offer by a user, a one-time
registration of the user or his employee as well as the registration of a
customer account for the user is necessary. Jungheinrich checks the application
for the creation of a customer account for each user. After successful
verification, the user or his employee will be created as administrator of the
user's customer account. Jungheinrich reserves the right to refuse, restrict or
deactivate the authorization in individual cases.
3.2 By registering and providing a declaration of consent in accordance
with data protection law, the user authorizes Jungheinrich or the supplier to
collect, process and use the data provided by the user in the course of
re-registration for the shop for the purpose of the user's participation in all
functions of the shop and for the purpose of communication with Jungheinrich
and the submission and acceptance of declarations of intent vis-à-vis
Jungheinrich or the suppliers (all together "business purpose"). All
data of the user will be collected, processed, and used exclusively for the
business purpose, in particular for the processing of legal transactions as
well as for the operation of the platform. This authorization can be revoked at
any time in writing or by e-mail to the address shop@jungheinrich.xx. The legal
permissions remain unaffected. The use of the shop without the corresponding
consent to the use of the data provided by the user is excluded.
3.3 By sending the registration the user assures to be an entrepreneur
(§ 14 BGB). Consumers (§ 13 BGB) are prohibited from using the shop. The user
will inform Jungheinrich immediately about any changes regarding the given
information concerning the entrepreneur status.
3.4 Jungheinrich is entitled to discontinue the operation of the shop
in whole or in part at any time. Jungheinrich is also entitled to make changes
or innovations to the shop at any time. The user has no right to be admitted to
the shop. Jungheinrich reserves the right to withdraw the user's admission to
the shop in the event of false statements, violations of the law or of the
contract, or in the event of misuse.
3.5 Username and password are assigned to the user by Jungheinrich
during initial registration and admission. The user must inform Jungheinrich
without delay a) if his access data have been used without authorization or if
he has indications that a third party has obtained knowledge of the access data
and b) if employees authorized to access the system leave the user's company or
are no longer authorized to use the system for other reasons.
3.6 The user makes a binding purchase offer via the shop directly to
the provider, who has placed the item in the shop as a non-binding offer. A
contract is concluded between user and provider directly and on the basis of
the provider's General Terms and Conditions of Sale and Delivery.
4. Technical access requirements
The user assumes responsibility for creating the conditions for
exchanging data with the platform using a suitable terminal device.
5. Property rights
5.1 Copyright notice
The following copyright notice applies to all contents and works of the
shop: © Jungheinrich Aktiengesellschaft, Hamburg (Germany) 2022 All rights
reserved. Text, images, graphics, sound, animations and videos as well as their
arrangement in the shop are protected by copyright and other protective laws.
5.2 Trademark rights
All marks and logos displayed in the shop are legally protected
trademarks and may not be published or used in any other way without the prior
consent of Jungheinrich or its licensors. All other trademarks mentioned within
the shop and possibly protected by third parties are also subject without
restriction to the relevant legal provisions and the ownership rights of the
respective registered owners. The mere mention of such trademarks does not
imply that they are not protected by the rights of third parties.
5.2 License
The intellectual property contained in the shop and the existing
industrial property rights or applications thereto, such as patents, utility
models, trademarks, design patents and copyrights are protected. Rights of use
shall only be granted to the extent that and for as long as this is necessary
for the contractual use of the shop for the business purpose.
5.3 Copyrights
Texts, images, graphics and videos as well as their arrangement on the shop
are protected by copyright and other protective laws. Rights of use are granted
only insofar and as long as this is necessary for the lawful use of the shop in
accordance with these terms of use. Furthermore, the content of the shop may
not be copied, distributed, modified or made available to third parties for commercial
purposes. This also applies to the inclusion in external websites and online
services as well as the storage or reproduction in databases or on data
carriers.
6. duties of the user
6.1 When using the shop, the user must not:
·
violate laws and morality with his usage behaviour;
·
violate industrial property rights and copyrights
or other property rights;
·
transmit content containing viruses, so-called
Trojan horses or other programming that can damage software.
6.2 Jungheinrich may block a user's access to the shop at any time, in
particular if the respective user violates his obligations under these Terms of
Use.
7. Secrecy
7.1 The user is obliged to treat the access data to the shop as
strictly confidential and not to allow third parties to gain knowledge thereof.
In the event of disclosure to his own employees, the user shall obligate his
employees to maintain secrecy.
8. Availability, liability, links
8.1 Jungheinrich endeavours to maintain access to the shop at all times,
but no guarantee is given for the availability of the shop or for the
correctness and accuracy of the information contained therein.
8.2 Jungheinrich endeavours to keep the shop free of viruses, but does
not guarantee that it is virus-free. Before downloading information, software
and documentation, the user must ensure that appropriate security devices and
virus scanners are in place for his or her own protection and to prevent
viruses on the shop.
8.3 The following applies to damages incurred by the user in connection
with participation in the shop by Jungheinrich, a supplier or the respective
vicarious agents: In the event of intent or gross negligence as well as the
existence of a guarantee, liability is unlimited. In the case of slight
negligence, liability is also unlimited in the event of injury to life, limb or
health. In the event of a slightly negligent breach of material contractual
obligations, liability shall be limited to the foreseeable, typically occurring
damage. An essential contractual obligation is an obligation the fulfillment of
which makes the proper execution of the contract possible in the first place
and on the observance of which the user may regularly rely. Any further
liability for damages - except for claims under the Product Liability Act - is
excluded.
8.4 Jungheinrich and its legal representatives and vicarious agents do
not assume any liability or guarantee for the topicality, correctness of
content, completeness and other quality of the links to other websites
("external links") provided on this website to which this website
refers directly and indirectly. Jungheinrich is not responsible for the content
of a website that is reached via such an external link. Unless otherwise
stated, Jungheinrich does not endorse any of these other websites and hereby
expressly distances itself from all content on these sites. This declaration
applies to all external links to external sites contained on the shop and all
contents of these sites to which these links lead.
9. Data protection
The personal data associated with participation will be processed and
used by the operators for purposes related to the implementation of the
program. Jungheinrich complies with the requirements of the applicable data
protection law. For this reason, it is necessary for the user to agree to the
associated data protection declaration before using the shop. The data
protection declaration can be accessed at any time at shop.jungheinrich.xx.
With the user's consent to the Jungheinrich Shop Terms of Use, the Jungheinrich
data protection declaration is thus also deemed to have been accepted.
10. Changes to the terms of use
Changes or additions to these terms of use will be announced by
notification in text form. The changes or additions to the conditions of use
are deemed to have been accepted if a user does not object in text form within
two months of notification. Jungheinrich undertakes to make special reference
to this consequence upon notification. If a user objects to the change or
addition, his participation in the shop may be terminated by ordinary notice in
accordance with Section 11.2 of the Terms of Use.
11. Ancillary agreements, place of jurisdiction,
applicable law
11.1 Subsidiary agreements must be made in writing. This shall also
apply to any amendment of this written form requirement.
11.2 The place of jurisdiction shall be Hamburg.
11.3 German law shall apply to the exclusion of the UN Convention on
Contracts for the International Sale of Goods.