Terms and conditions of use

A) Scope of application

1. The delivery programme of Jungheinrich Lift Truck UAB (hereinafter referred to as Jungheinrich SHOP) applies only to commercial activities in the industry, trade and craftsmanship sectors, as well as to legal persons governed by public law in Lithuania.

2. These General Terms and Conditions of Business (GTCB) apply to all our offers, purchase and service agreements, including consulting and other contractual relationships within the Jungheinrich SHOP business. They apply without exception. Customer's terms and conditions of business that do not comply with these GTCB are not applicable and these GTCB are valid even if we, knowing the customer's different terms and conditions, make the delivery without special reservations.

3. The GTCB are valid in the current version as it was at the time of placing the order. With the publication of the current catalogue, all price information as well as descriptions of products and services (hereinafter referred to as the Products) included in the previous catalogues are no longer valid. We reserve the right to change the GTCB that will apply to future orders at any time.

4. Reservations, limitations, warranties and changes to the GTCB become effective only if they are notified to us in writing and we then expressly accept them in writing in accordance with the Company's internal procedures.

5. This online shop is exclusively intended for business customers (B2B), institutions, and organizations. By accessing and using this shop, you confirm and guarantee that you are acting as a business entity, institution, or organization and are purchasing products solely for professional, commercial, institutional, or organizational use. Purchases by private individuals (B2C) or for personal use are not permitted.

B) Conclusion of the agreement, subject matter of the agreement

1. The order will be processed within 1 week from the receipt of the order. Within 7 days of receiving the order, we can confirm the order and set a delivery term or refuse to accept the order.

2. Our offers are subject to change. They are valid only for goods and services in Lithuania. Agreements are concluded together with our written order confirmation or electronic order confirmation, which we send to the customer in the usual way in the trade (for example, by e-mail, fax, letter).

3. We also accept orders by phone. If the customer wishes to further confirm the previous order made by phone in writing by post or online, please use the reference to the previous order placed by phone in the written order. Otherwise, we process oral orders and written orders as orders to be executed separately.

4. Only our written order confirmation is binding on the type and quantity of products. If the order confirmation differs from the order, it is considered that the customer agrees to it, if it does not object immediately. The same applies to the indicated prices. If the prices of individual products change after the publication of the catalogue, we reserve the right to adjust the prices. The decorative material used in the pictures is not included in the price.

5. Performance data refer to operation at air temperature +20°C, flat concrete floors and dry conditions of use. Deviations from the specified speeds are also permitted within the normal tolerances for the above conditions of use.

6. We reserve, without limitation, the proprietary rights and copyrights, as well as industrial property rights to the cost estimates, drawings, images and content of other kind in the online shop. This is especially true for product images, product videos, and multimedia content of other kind in an online shop. Use, distribution, especially retransmission, reproduction, publication and assignment of any kind, including even fragmentary copying, requires our prior express consent. The product videos available on our website are for promotional purposes only and do not justify either consent to the provision of services or the provision of any kind of warranty service for the products purchased. Only our written order confirmation is binding on the description of the type and quantity of products. If the agreement is not concluded, the materials received must be deleted or otherwise destroyed immediately.

7. Unless otherwise specified, the ordered products are delivered in separate parts. In such cases, the customer performs the assembly. If the customer instructs us to carry out the assembly, the assembly rules included in our offer are valid.

8. When ordering online, it is possible to subscribe to certain products for an indefinite period of time with certain delivery intervals. Subscription orders are subject to the GTCB valid at the time, together with the subscription order terms and conditions available on the online shop's website www.jungheinrich-shop.lv/vdn.

C) Delivery term, delay

1. Our delivery time is usually 2 to 4 working days in the territory of Lithuania after order confirmation, if the product is in our warehouse and if the order does not specify otherwise. The customer can find non-binding indications about the availability of our distributed products (for example, on a separate page for the product in question) on our website (online shop).

2. If during the processing of the order we find that the products ordered by the customer are not available, we will inform the customer separately.

3. The order confirmation indicates the delivery time, the count of which starts upon the receipt of our order confirmation, but not earlier than the moment when the information and prepayment necessary for shipment have been provided by the customer and received from it

4. Delivery is made to the delivery address specified by the customer. If the customer has provided an incorrect, incomplete or unclear delivery address, it shall bear all costs resulting therefrom. Approved delivery prices are only valid if the total order is delivered to one delivery address specified by the customer, if delivery is to be made to several delivery addresses specified by the customer, additional agreed delivery prices will apply.

5. If we delay an expressly confirmed delivery term, the customer is entitled to claim a one-time compensation of 0.5% of the value of the order, which was not delivered on time or is unusable in accordance with the rules, for each full week of delay, but not more than 5% of the net value of the order. This limitation is not valid in case of gross negligence, malicious intent or statutory liability of our legal representatives or leading employees. Delivery with defects is not considered delayed delivery.

6. If there is a delay in the delivery of the goods and/or services and the customer gives us a reasonable additional period by giving written notice that it refuses to accept the goods and/or services after the expiry of this period, the customer is entitled to withdraw from the agreement in accordance with the law after the expiry of the additional period. An additional time period does not need to be set, unless otherwise provided by law. Upon our request, the customer shall notify us within a reasonable time whether it is exercising its right of withdrawal.

7. Except as provided in Section G, Paragraph 2 of the GTCB, the customer is not entitled to claim both contractual penalty and compensation for loss for late delivery. Payment of the contractual penalty excludes the obligation to compensate for loss.

8. If the customer delays the acceptance, we are entitled to either keep the goods with us, for which we issue an invoice to the customer for the warehouse costs incurred as a result of this, and at the same time demand performance of the agreement or set a reasonable additional period to accept the goods or withdraw from the agreement and sell the goods in another way. Upon withdrawal from the agreement, the customer must bear the costs incurred as a result of non-performance of the agreement.

D) Prices, payment terms, surcharges

1. The prices indicated in our online shop refer to delivery in Lithuania, unless otherwise specified for the goods in the online shop. We indicate separately on the invoice the VAT valid at the time of issue of the invoice. The amounts of the issued invoice must be paid within 10 days of the date of preparation of the invoice. We reserve the right to apply a different form of payment, for example, postpayment.

2. Payment is made upon receipt of the invoice by bank transfer.

3. Any claims for compensation approved by Jungheinrich SHOP are credited to the account specified by the customer. We reserve the right to decline certain forms of payment.

4 . The customer has the opportunity to receive the invoice in electronic or paper form. In the case of an electronic invoice, the customer bears the costs and bears the risk of providing the Internet access and online connections required to obtain the invoice data.

5 . With respect to our right of claim, the customer is entitled of surcharge and/or lien only if its right of recourse has a legal basis, such right has not been challenged or we have acknowledged it. The customer's right of claim against us may not be assigned without our prior written consent.

E) Ownership

1. We reserve the ownership of all products (goods subject to ownership) and additional services that are payable until all claims due to us for the debts arising from the business relationship have been paid in full. In the case of a current invoice, the entire set of goods for which ownership is retained serves to secure the claims.

2. As long as there is a precondition for retaining ownership, then the resale, pledge or collateral transfer of the delivered goods as a whole or in parts may only take place with our written consent. The delivered goods, ownership to which has not passed to the customer, must be stored and protected appropriately as a prudent and diligent owner does and adequately insured against all risks inherent in the ordinary course of business.

3. If the customer has purchased the goods, ownership to which has not passed, for resale purposes, the customer is only allowed to do so after full payment of our invoice.

4. If the value of the goods in relation to collateral to us exceeds the value of the claims against the customer by more than 10%, we are obliged to release the customer from collateral at the customer's choice to the appropriate extent at the customer's request.

5. If the customer violates the obligations related to ownership that are specified in this section, we are entitled to unilaterally terminate the agreement.

F) Right of claim in case of material and legal defects

I. With regard to the material defects of the products, we provide the following warranty:

1. Objections to defects must be raised against us in writing in accordance with Section 411 of the Commercial Law. As required by law, the product must be inspected as soon as possible after receipt. Obvious defects must be specified by making a respective note in the consignment note and reported to us within one week of receipt of the goods. Hidden defects must be reported to us in writing within one week of being discovered.

2. All parts of the product that already had material defects at the time of delivery, or services that already had defects at the time of acceptance are, at our option, either repaired or delivered again by us free of charge. Parts that are replaced as part of this additional work become our property after dismantling. The customer must give us enough time and opportunities to perform additional work. We have no obligation to perform such additional actions. If the deviation from the agreed or customary properties or usability is small, the customer is not entitled to request the elimination of material defects.

3. We cover our own costs incurred in remedying the defects. This does not apply to the extent that our expenses, especially travel and transportation expenses, increase because the product was later moved to a place other than the place of work. If the reasonable term set by the customer is not observed, the customer has the right to either reduce the purchase price by an amount agreed with us or withdraw from the agreement at its choice. Upon our request, the customer notifies us within a reasonable time of the right it has chosen to exercise.

4. The customer's most far reaching right of claim due to or in connection with the defects or losses as consequences of the defects, regardless of the legal reason, exists only in accordance with provisions of Section G, Paragraph 2.

5. The limitation period for industrial defects in new products is 12 months from the day on which the risk passed, except in the cases referred to in Section G, Paragraph 2, for which the statutory limitation period shall apply.

6. Unless expressly provided otherwise in the specific case, the customer's right of claim due to material defects in the used products, subject to provisions of Section G, Paragraph 2, is excluded.

7. We are not responsible for any consequences arising from the following circumstances:

improper or inappropriate maintenance or use, especially overloading;
improper assembly or commissioning performed by the customer or a third party;
wear or typical wear and tear for use.

8. If the customer or third parties improperly modify or repair the product without our prior express consent, the customer is not entitled to claim compensation for material defects from us in respect of this or the consequences thereof.

9. We do not provide a warranty of fitness or any other warranty for our products. To this extent, none of our descriptions, promises or other representations – neither before nor after the conclusion of the agreement – can be attributed to the warranty.

II. With regard to the legal defects of the products, we provide the following warranty:

We are obliged to supply products that are free of third party industrial property rights and copyrights. If third parties make substantiated claims arising from industrial property rights or copyrights against the products or parts thereof, we will, at our option, either acquire the rights to use the product in question at our own expense or modify it so that the industrial property rights or copyrights will not be infringed, or replace the product (or relevant parts thereof). If it is not possible to do so in accordance with the conditions acceptable to us, the customer is entitled to withdraw from the agreement. Subject to the provisions of Section G, Paragraph 2 of these GTCB, the customer may not claim compensation for fruitless expenses or compensation for loss.

G) Responsibility

1. The following conditions are valid in relation to the right to claim compensation for loss that for any reason arises out of the service, in addition to the service or instead of the service, as well as to the compensation for expenses and the exemption from payment claims (hereinafter referred to as the right to compensation). Regulation on delay (Section C) has priority.

2. We will not be liable for any claims for compensation that are made against us, in particular for losses, for example, lost profits, losses due to downtime, interruptions in production and use, as well as indirect losses.

3. The burden of proof is not waived with the above exceptions.

4. Other rights of claim do not apply.

H) Jungheinrich SHOP intermediary transactions

1. Intermediary distribution of electrical appliances under the Jungheinrich brand as well as rental vehicles and maintenance services:

supply agreements for the sale of new electrical appliances under the Jungheinrich brand;
agreements for the lease of certain products (forklifts and shelves) in the Jungheinrich SHOP product portfolio, as well as
Jungheinrich forklifts maintenance agreements. The above agreements may be concluded between the customer and Jungheinrich Lift Truck UAB (hereinafter referred to as Jungheinrich). The Jungheinrich SHOP e-shop becomes the intermediary representative of Jungheinrich in the event of an agreement. In the event of conclusion of the agreement, Jungheinrich is the customer's sole contact person and only the relevant Jungheinrich general terms and conditions of business are valid, which also are valid for the conclusion of a distribution agreement, in particular in the event of delays, defects or losses.

I) Jurisdiction of the court, applicable law

1. All disputes are considered in the courts of the Republic of Lithuania.

2. All legal relations between the customer and us are governed solely by the regulatory enactments of the Republic of Lithuania, which are applied between the domestic contracting parties. The application of the rules of private international law is clearly excluded. If any provision of these GTCB ceases to be valid, does not function or is not enforceable now or in the future, in whole or in part, it will not affect the validity and enforceability of the remaining provisions. It is deemed that a provision, which does not function, has ceased to be valid or is not enforceable, to the extent legally permitted, is replaced by a valid and enforceable provision whose economic purpose is most appropriate to the provision, which does not function, has ceased to be valid or is not enforceable, in terms of subject matter, volume, time, place and scope of application.

J) Data protection

1. We ensure the protection of customer data transferred to us. We store and manage the data necessary to complete the transaction in accordance with the law, especially the requirements of the current legal data protection regulation in force.

2. The data obtained with the order are used for agreement execution, settlement and, if necessary, feedback.

The data are transferred to the delivery company, which is instructed to make the delivery, to the extent necessary for the delivery of the goods.
In order to settle payments, we transfer the customer's payment data to the credit institution that is instructed to make the payment.
If necessary, we instruct a third party to settle the payment, who uses the customer's payment data for the purposes of the payment settlement. The third party is obliged to handle the information in accordance with Lithuanian data protection laws.
In the event of a legitimate interest (for example, if we make an advance payment), we or the authorized person instructed to settle the payment will, if necessary, transfer the details of the agreement (company, surname, name, street, house number, postal code, location) to third parties for creditworthiness assessment, imposing the same obligation of data confidentiality on these third parties. Your protected needs are taken into account in accordance with the conditions laid down by law.

J) Data protection

2. The data obtained with the order are used for agreement execution, settlement and, if necessary, feedback.

The data are transferred to the delivery company, which is instructed to make the delivery, to the extent necessary for the delivery of the goods.
In order to settle payments, we transfer the customer's payment data to the credit institution that is instructed to make the payment.
If necessary, we instruct a third party to settle the payment, who uses the customer's payment data for the purposes of the payment settlement. The third party is obliged to handle the information in accordance with Lithuanian data protection laws.
In the event of a legitimate interest (for example, if we make an advance payment), we or the authorized person instructed to settle the payment will, if necessary, transfer the details of the agreement (company, surname, name, street, house number, postal code, location) to third parties for creditworthiness assessment, imposing the same obligation of data confidentiality on these third parties. Your protected needs are taken into account in accordance with the conditions laid down by law.

3. In accordance with the current data protection provisions in force, the customer is entitled to:

Receive information about the data stored about it, as well as correct, block or delete these data.
Oppose or withdraw the use of data for advertising purposes at any time. A simple statement addressed to: Jungheinrich Lift Truck UAB, Servečės g 1, Vilnius, LT-02121 or sent by e-mail to info@jungheinrich-shop.lt, indicating the company, surname, name, full address and, if available, customer number, is sufficient. There are no costs involved other than sending costs at the basic rate.

More detailed and possibly updated information is summarized in our privacy statement.