WEBSITE TERMS AND CONDITIONS OF USE
This document sets out the terms and conditions of use of Jungheinrich South Africa (Pty) Ltd (“the Service Provider”) with company registration no. 2015/119219/07, and registered address at 55 Lake Road, Long Meadow Business Estate North, Edenvale, Gauteng, The terms and conditions pertain to the access and use of the information, products, services and functions provided on www.jungheinrich-profishop.co.za (“the Website”).
Should any person that accesses the Website disagree with any of the terms and conditions, they must refrain from accessing and / or using the Website.
Each time a User accesses the Website and/or uses the services, the User shall be deemed to have consented by such access and / or use to the terms and conditions as amended and/or replaced by the Service Provider from time to time. If the User is not satisfied with the amended terms and conditions, the User must refrain from using the Website.
DEFINITIONS AND TERMS
Service Provider - Jungheinrich South Africa (Pty) Ltd
Buyer - any person that has an Account on the Website and submits an Order
Client - any person who has or obtains access to Content through communication with the Service Provider, be it electronic or by telephone, or under an existing use agreement with the Service Provider and requires the creation and use of an Account.
User - any person registered on the Website who, through the completion of the Account creation process, has consented to the specific terms and conditions of use of the Website in the General Terms and Conditions section.
Account - the section of the Website accessed via an email address and a password that allows the Buyer to submit an Order and that contains information about the Buyer and Buyer history on the Website.
Website - www.jungheinrich-profishop.co.za
Order - an electronic document through which the Buyer submits to the Service Provider via the Website its offer to purchase Goods and / or Services on the Website.
Goods and Services - any product or service mentioned in the Order to be provided by the Service Provider to the Buyer in terms of the Contract concluded.
Contract - represents the electronic contract concluded between the Service Provider and the Buyer
Content - all information on the Website that can be accessed or viewed by using electronic equipment;
content of any email sent to Buyers by the Service Provider and / or any other means of communication;
any information communicated by an employee / collaborator of the Service Provider or the Buyer electronically, via available contact information, whether specified or not;
information relating to the goods and / or services and / or the prices of the goods and / or services in a given period;
information relating to the goods and / or services and / or third party charges with which the Service Provider has concluded partnership contracts in a given period;
the Service Provider’s data, or other privileged information.
By registering an Order on the Website, the Buyer agrees to electronic or telephonic communication through which the Service Provider carries out its commercial operations.
The notification received by the Buyer after an Order has been placed does not constitute acceptance of the Order by the Service Provider. This notification may be submitted by email or by telephone.
Acceptance of the Order will be in the form of an email and / or SMS from a sales representative of the Service Provider; and will indicate time of delivery, the delivery method and the price of the goods and / or services ordered and the payment terms. An Order does not represent a payment obligation on the Buyer’s part and no sales obligation on the Service Provider’s part.
In urgent cases, the Buyer is requested to contact the Service Provider directly on one of the telephone numbers in the contact section.
The Service Provider reserves the right in its sole discretion, to amend and / or replace any of, or the whole of these terms and conditions. Such amendments shall supersede and replace any previous and conditions and shall be made available on the Website.
The Service Provider reserves the right to change or amend the products, prices and rates quoted on the Website from time to time without notice.
If a Buyer changes an Order, the Buyer must notify the Service Provider at the email address or telephone numbers in the contact section. The Service Provider will refund the any amount already paid by the Buyer if applicable.
The contract is concluded between the Service Provider and the Buyer at the time of receipt by the Buyer of an email and / or SMS from a sales representative of the Service Provider, confirming time of delivery, the delivery method, the price, payment method and the payment terms.
The Service Provider undertakes keep personal information confidential. Disclosure of information provided may only be made under the conditions set forth in this document.
No public statement, promotion, press release, or other disclosure to third parties may be made by Buyer in respect of the contract without Service Provider’s prior written consent.
By submitting information (other than personal information) to this Website, the Buyer grants the Service Provider unrestricted and irrevocable access to, the right to use, reproduce, copy, display, modify, transmit and distribute the information free from royalty payments.
The User must immediately notify Service Provider of any loss of a password or unauthorised activity on their Account.
INVOICING AND PAYMENT
Prices of goods and services displayed on the Website do not include VAT. VAT will be charged additionally.
The price, payment method and payment terms are specified in each order confirmation. The Service Provider will issue to the Buyer an invoice for the goods and / or services delivered. The Buyer must provide all necessary information required in order for the Service Provider to issue an invoice.
The Service Provider will provide the Buyer with the invoice as well as any other information pertaining to payments related to the Order, exclusively in electronic format by adding the invoice to the Buyer's Account. The Service Provider may also send invoices to Buyers via e-mail to the e-mail address provided by the Buyer in their Account.
It is the Buyer’s obligation to keep their account information updated and to access the information and documents relating to each Order and history relating to Orders and payments.
BREACH AND CANCELLATION BY SERVICE PROVIDER
The Service Provider is entitled, without notice, in addition to any other remedy available in law to cancel, limit or deny a User access to or use of the Website and its services, without prejudice to the Service Provider’s right to claim damages, should any User:
breach any terms and conditions of use; or
use the Website in an anauthorised manner.
Breach of the terms and conditions of use entitles the Service Provider to take legal action without prior notice to the User. All legal costs arising will be for the User’s account.
The liability of the Service Provider for faulty execution of the Website as well as all damages suffered by the User as a result of the malfunctioning of the Website, shall be limited to the Service Provider rectifying the malfunction within a reasonable time, provided that the Service Provider is notified of immediately of the damage or faulty execution of the Website.
The Service Provider makes no warranty or representation as the availability, accuracy or completeness of the Content of the Website and the Buyer shall have no right to claim any loss or damage as a result of information being incomplete, incorrect or inaccurate.
These terms and conditions shall be governed by the laws of the Republic of South Africa pertaining to contracts entered into and performed within South Africa.
The Service Provider’s failure to act in respect of a breach by a User of these terms and conditions of use does not constitute a waiver of the Service Provider’s right to act in respect of subsequent or similar breaches.
If any provision of these terms and conditions of use are held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from the terms and conditions of use and the remaining provisions shall be valid and enforceable.
These terms and conditions of use* set out the entire agreement between the Service Provider and the User in respect of the subject matter hereof.