1.1. The Jungheinrich online store (https://www.shop.jungheinrich.pl/) is operated via the Internet by Jungheinrich Polska Sp. z o.o. with its registered office in Bronisze at ul. Świerkowa 3; 05-850 Ożarów Mazowiecki, entered into the register of entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw, XIV Commercial Division of the KRS under number KRS 0000137163, with a share capital of PLN 13,000,000.00, NIP PL1130082801, REGON 010465346, BDO 000065321 (hereinafter referred to as "Jungheinrich").

1.2. Acting on the basis of Article 4c of the Act of March 8, 2013 on Counteracting Excessive Delays in Commercial Transactions, Jungheinrich declares that it has the status of a large enterprise.

1.3. The Jungheinrich online store available at the address: https://www.shop.jungheinrich.pl/ (hereinafter referred to as "the Store") is a store intended for the sale of new and used forklifts (hereinafter referred to as "Forklifts") exclusively in the area of business activity of entrepreneurs, which means that the offer is addressed exclusively to entrepreneurs and business entities for whom the sale is directly related to their business activity and has a professional nature (hereinafter referred to as "Customer"). An entity that does not meet the criteria listed in the previous sentence is not entitled to use the Store. The Customer has the right to use the Store independently or through a person acting on behalf and for the benefit of the Customer.

1.4. Forklifts are sold and delivered by Jungheinrich exclusively within the territory of Poland. Commercial contacts and the conclusion of sales contracts take place exclusively between the Customer and Jungheinrich, in accordance with the Jungheinrich terms and conditions. In the case of an order for sale or delivery to another country, Jungheinrich will not process such an order. In such case, Jungheinrich may contact the Customer with the appropriate Jungheinrich company in order for the Customer to place an order with such company.

1.5. The Customer bears the costs of using the Store incurred on his/her part, such as his/her own access to the Internet or appropriate hardware and software.

1.6. All offers, contract templates, price lists, catalogs, photos, advertising leaflets, order forms, agreements between the Parties and other documents or promotional materials and correspondence are for informational purposes only and do not constitute an offer within the meaning of Article 66 § 1 of the Civil Code, but rather an invitation to negotiations within the meaning of Article 71 of the Civil Code, and become binding for Jungheinrich only after their explicit confirmation in writing or in documentary form by Jungheinrich.

2.1. In the scope of electronic services, the Regulation is the regulation referred to in Article 8 of the Act of July 18, 2002 on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended), and Jungheinrich plays the role of the service provider, and the Client plays the role of the service recipient, within the meaning of the said legal act.

2.2. This Regulation shall apply exclusively. Jungheinrich does not recognize any conflicting or different terms of the Customer, unless it has expressly agreed to them in writing.

3.1. The Customer may enter the Sklep website without registration to view the offered Forklifts. Before the Customer places an order, registration and creation of a Customer account is required. Jungheinrich checks the registration request submitted by the Customer or a person acting on behalf of the Customer to create a Customer account. After successful verification of the Customer, the first Customer account is created as the administrator of the Customer account. Jungheinrich reserves the right to refuse, limit or cancel authorization in individual cases.

3.2. By registering and submitting a statement of familiarization with the principles of personal data processing by Jungheinrich set out in the Privacy Policy, the Customer or a person acting on behalf and for the benefit of the Customer confirms their knowledge and acceptance. Thus, the Customer or a person acting on behalf and for the benefit of the Customer agrees to the processing of data provided upon registration to the Sklep, in order to enable the Customer to use the functions of the Sklep, to communicate with Jungheinrich and to submit and accept declarations of will (hereinafter: "business purpose"). All data of the Customer or a person acting on behalf and for the benefit of the Customer will be collected, processed and used exclusively for business purposes, in particular for the processing of legal transactions and platform support. Using the Sklep without accepting the principles of personal data processing is excluded.

3.3. By registering, the Customer or a person acting on behalf and for the benefit of the Customer confirms that:

• The Customer conducts business and that the legal acts carried out by the Customer within the Sklep will be directly related to this business and have a professional nature for the Customer;
• The person acting on behalf and for the benefit of the Customer is effectively authorized to do so, in particular in terms of using the Sklep and placing binding orders through it;
• The data provided during registration are true and accurate;
• The Customer will promptly inform Jungheinrich of any changes in this area, as well as in the data provided during registration. Jungheinrich is not responsible for the consequences of the Customer's failure to inform Jungheinrich of such changes.

3.4. Jungheinrich is entitled to cease operating the Sklep in whole or in part at any time. Jungheinrich is also entitled to introduce changes or innovations to the Sklep at any time. Due to the fact that the Sklep is operated using the Internet, the Customer does not have the possibility to enter the Sklep, but only to use it. Jungheinrich reserves the right to block access to the Customer's account in the Sklep in the event of making false statements, violating regulations or agreements or in the event of other abuses.

3.5. The Customer's login and password are assigned to the Customer by Jungheinrich during the first registration and creation of the Customer account. The Customer is obliged to promptly inform Jungheinrich if:

• His/her access data has been used without authorization or if there are grounds to suggest that a third party has gained knowledge of the access data;
• The person acting on behalf and for the benefit of the Customer who has access to the Customer account has ceased to be authorized to act on behalf and for the benefit of the Customer, including to have access data to the Customer account, for any reason.

3.6. The Customer places a binding offer to purchase a Forklift from Jungheinrich in the Sklep (hereinafter: "order"). Jungheinrich reserves the right to refuse to fulfill the order without giving a reason. The contract is concluded after an explicit, written confirmation by Jungheinrich.

3.7. The contract is concluded directly between the Customer and Jungheinrich on the terms specified in the General Terms and Conditions of Delivery and Warranty of Jungheinrich Polska Sp. z o.o. available at http://www.shop.jungheinrich.pl/OWDiG (hereinafter: "OWDiG").

3.8. In the event of delay and the Customer setting an appropriate additional period, on the basis of a clear written statement of refusal to accept the performance, in the event of the unsuccessful expiration of the specified period, the Customer has the right, in the case of the unsuccessful expiration of the additional period, to withdraw from the contract in accordance with the conditions specified by law.

The user assumes responsibility for creating the conditions for exchanging data with the platform using a suitable terminal device.  

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. 

5.3 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. 

5.4 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.  

6.1. The Customer is obliged to:

• Act with respect for the law and morality;
• Not violate industrial property rights, copyrights or other related rights;
• Refrain from any harmful activities, including the transmission of content containing viruses, so-called trojans or any other programs that could potentially affect the quality of the operation of the Store.

6.2. Jungheinrich may block the Customer's account at any time, in particular in the event of a violation by the Customer of the obligations arising from this Regulation.

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.  

8.1 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.  

9.1. Personal data provided by the Customer or a person acting on behalf and for the benefit of the Customer will be processed and used for purposes related to the operation of the Store and the fulfillment of orders. Jungheinrich complies with the applicable data protection regulations. For this reason, before using the Store, it is necessary for the Customer or a person acting on behalf and for the benefit of the Customer to accept the principles of personal data processing set out in the Privacy Policy available in the current version at https://www.shop.jungheinrich.pl/en/p/privacy (hereinafter: "Privacy Policy:) and in the OWDiG (in the section Protection of Personal Data) available in the current version at http://www.shop.jungheinrich.pl/OWDiG. Along with the acceptance of the terms of use of the Jungheinrich Store by the Customer or a person acting on behalf of the Customer, the Customer or a person acting on behalf of the Customer also accepts the principles of personal data processing set out in the cited Privacy Policy and OWDiG. The Privacy Policy regulates the principles of data processing related to the operation of the Store and the placement and fulfillment of orders, while the section Protection of Personal Data contained in the OWDiG supplements the principles of personal data processing related to the placement and fulfillment of orders. The Customer (when acting independently) or a person acting on behalf and for the benefit of the Customer is in the sense of the Privacy Policy "user", while in the sense of the OWDiG is "the data subject".

10.1. The Regulation may be amended at any time, and the current version of the Regulation is available at https://www.shop.jungheinrich.pl/en/p/termsofuse. If the Customer does not accept the changes, the Customer should stop placing orders through the Store, under penalty of being deemed to accept the Regulation in its new wording. When placing an order, the Customer or a person acting on behalf and for the benefit of the Customer, on the Store's website, always accepts the current version of the Regulation, Privacy Policy and OWDiG.

11.1. Additional agreements require a written form. This also applies to any changes to this requirement to maintain a written form.

11.2. The court competent to resolve disputes in connection with the use of the Store will be the court of the registered office of Jungheinrich.

11.3. The applicable law is Polish law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.

11.4. In matters not regulated by this Regulation, the OWDiG and the provisions of the Civil Code and other applicable laws apply. The Regulation is subject to Polish law.

11.5. Issues related to the warranty and claims for Forklifts available in the Store are regulated in the OWDiG.