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A) Scope of application
1. The delivery programme of Jungheinrich Lift Truck SIA (hereinafter referred to as “Jungheinrich SHOP”) applies exclusively to commercial activities in the industry, trade and craftsmanship sectors, as well as to legal persons governed by public law in Latvia.
2. These General Terms and Conditions (GTC) 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 that do not comply with these GTC are not applicable, and these GTC remain valid even if, knowing the customer's differing terms and conditions, we make the delivery without any special reservations.
3. The GTC are valid in the current version applicable at the time the order is placed. Upon publication of the current catalogue, all price information as well as descriptions of products and services (hereinafter referred to as “Products”) included in previous catalogues shall no longer be valid. We reserve the right to change the GTC at any time, with such changes applying to future orders.
4. Reservations, limitations, warranties and amendments to the GTC shall only become effective if they are notified to us in writing and we expressly accept them in writing thereafter in accordance with the Company's internal procedures.
5. This online shop is intended exclusively for business customers (B2B), institutions and organisations. By accessing and using this shop, you confirm and warrant that you are acting as a business, institution or organisation and are purchasing products solely for professional, commercial, institutional or organisational 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 of receipt of the order. Within 7 days of receiving the order, we may confirm the order and specify a delivery period or refuse to accept the order.
2. Our offers are subject to change. They are valid exclusively for goods and services in Latvia. Agreements are concluded upon our written order confirmation or electronic order confirmation, which we send to the customer in the customary manner used in business (e.g. by e-mail, fax or letter).
3. We also accept orders by telephone. If the customer wishes to additionally confirm in writing, by post or online, an order previously placed by telephone, the written order must contain a reference to the previous telephone order. Otherwise, we process oral orders and written orders as orders to be executed separately.
4. Only our written order confirmation is binding with regard to the type and quantity of products. If the order confirmation differs from the order, the customer shall be deemed to have accepted it if they do not object immediately. The same applies to the prices stated. If the prices of individual products change after publication of the catalogue, we reserve the right to adjust the prices. Decorative materials shown in the images are not included in the price.
5. Performance data refer to operation at an air temperature of +20 °C, on level concrete floors and under dry conditions of use. Deviations from the specified speeds are also permitted within the usual tolerances under the aforementioned conditions of use.
6. We retain, without limitation, ownership and copyright as well as industrial property rights to cost estimates, drawings, images and other content available in the online shop. This applies in particular to product images, product videos and other multimedia content in the online shop. Any use, distribution, in particular onward transfer, reproduction, publication or assignment of any kind, including even partial copying, requires our prior express consent. The product videos available on our website are intended solely for advertising purposes and do not constitute consent to the provision of services or to the provision of any type of warranty service for the products purchased. Only our written order confirmation is binding with regard to 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 carries out the assembly. If the customer instructs us to carry out the assembly, the assembly terms included in our offer shall apply.
8. When placing orders online, it is possible to subscribe to certain products for an indefinite period with specified delivery intervals. Subscription orders are subject to the GTC applicable at the time, together with the terms and conditions for subscription orders available at www.jungheinrich-shop.lv/vdn.
C) Delivery period, delay
1. Our delivery time is usually 2 to 4 working days within Latvia after order confirmation, provided that the product is in our warehouse and the order does not specify otherwise. The customer can find non-binding information about the availability of our distributed products on our website (online shop), e.g. on the individual page for the product in question.
2. If, during the processing of the order, we determine that the products ordered by the customer are not available, we will inform the customer separately.
3. The order confirmation specifies the delivery time, which begins upon receipt of our order confirmation, but not earlier than the point at which the customer has provided and we have received the information and advance payment required for dispatch.
4. Delivery is made to the delivery address specified by the customer. If the customer has provided an incorrect, incomplete or unclear delivery address, the customer shall bear all resulting costs. The agreed delivery prices are valid only if the entire order is delivered to a single delivery address specified by the customer. If delivery is to be made to several delivery addresses specified by the customer, additional agreed delivery charges shall apply.
5. If we fail to meet an expressly confirmed delivery period, the customer is entitled to claim a one-time delay compensation in the form of a contractual penalty of 0.5% of the value of the order that was not delivered on time or cannot be used in accordance with the agreed terms, for each full week of delay, but in total not more than 5% of the net order value. This limitation does not apply in cases of gross negligence, wilful intent or legally mandatory liability on the part of our legal representatives or senior employees. Delivery of defective goods shall not be considered delayed delivery.
6. If delivery of the goods and/or services is delayed and the customer grants us a reasonable additional period by giving written notice that they refuse to accept the goods and/or services after expiry of this period, the customer shall be entitled, after expiry of the additional period, to withdraw from the agreement in accordance with the law. No additional period needs to be granted insofar as otherwise provided by law. At our request, the customer shall notify us within a reasonable period whether they intend to exercise their right of withdrawal.
7. Except in the cases provided for in Section G, Paragraph 2 of the GTC, the customer is not entitled to claim both a contractual penalty and compensation for losses due to delayed delivery. Payment of the contractual penalty excludes the obligation to compensate for losses.
8. If the customer is in default of acceptance, we are entitled either to store the goods ourselves, in which case we shall invoice the customer for the resulting storage costs, while simultaneously demanding performance of the agreement, or to set a reasonable additional period for acceptance of the goods, or to withdraw from the agreement and dispose of the goods in another manner. Upon withdrawal from the agreement, the customer shall bear the costs incurred as a result of the non-performance of the agreement.
D) Prices, payment terms, surcharges
1. The prices stated in our online shop refer to delivery in Latvia, unless different information is specified for the goods in the online shop. The VAT applicable at the time the invoice is issued is stated separately on the invoice. Invoice amounts must be paid within 10 days of the invoice preparation date. We reserve the right to apply a different payment method, for example payment after delivery.
2. Payment shall be made by bank transfer upon receipt of the invoice.
3. Any compensation claims approved by Jungheinrich SHOP shall be credited to the account specified by the customer. We reserve the right to reject certain payment methods.
4. The customer has the option of receiving the invoice in electronic or paper form. In the case of an electronic invoice, the customer shall bear the costs and assume the risk associated with providing the internet access and online connections required to obtain the invoice data.
5. With regard to our claims, the customer shall have rights of set-off and/or retention only if their counterclaim has a legal basis, such right has not been disputed, or we have acknowledged it. The customer's claims against us may not be assigned without our prior written consent.
E) Ownership
1. We retain ownership of all products (goods subject to retention of title) and additional services that are payable until all claims arising from the business relationship and due to us have been paid in full. In the case of a current invoice, the entire quantity of goods subject to retention of title serves as security for the claims.
2. As long as the conditions for retention of title apply, the resale, pledging or transfer of the delivered goods as a whole or in parts as security may only take place with our written consent. Goods that have been delivered but for which ownership has not passed to the customer must be stored and protected in the manner expected of a prudent and diligent owner and adequately insured against all risks ordinarily arising in the course of business.
3. If the customer has purchased goods for the purpose of resale, for which ownership has not yet passed, the customer may only resell them after full payment of our invoice.
4. If the value of the goods subject to security in our favour exceeds the value of the claims against the customer by more than 10%, we are obliged, at the customer's request, to release the customer from the security to the appropriate extent, at the customer's discretion.
5. If the customer breaches the obligations relating to ownership set out in this section, we shall be entitled to terminate the agreement unilaterally.
F) Claims in the event of material and legal defects
I) With regard to material defects in the products, we provide the following warranty:
1. Objections regarding defects must be submitted to us in writing in accordance with Section 411 of the Commercial Law. As required by law, the goods must be inspected as soon as possible after receipt. Obvious defects must be noted accordingly on the delivery 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 their discovery.
2. All product parts that already had material defects at the time of delivery, or services that already had defects at the time of acceptance, shall, at our discretion, either be repaired by us free of charge or delivered again. Parts replaced as part of such supplementary performance become our property after removal. The customer must give us sufficient time and opportunity to carry out supplementary performance. We are not obliged to perform such additional measures. If the deviation from the agreed or customary characteristics or usability is minor, the customer shall not be entitled to demand rectification of the material defects.
3. We shall bear our own costs incurred in remedying defects. This shall not apply insofar as our expenses, particularly travel and transport costs, increase because the product has subsequently been moved to a location other than the place of performance. If the reasonable period set by the customer is not observed, the customer shall be entitled, at their discretion, either to reduce the purchase price by an amount agreed with us or to withdraw from the agreement. At our request, the customer shall notify us within a reasonable period which right they have chosen to exercise.
4. The customer's further-reaching claims arising from or in connection with defects or losses resulting from defects, irrespective of the legal grounds, shall exist only in accordance with the provisions of Section G, Paragraph 2.
5. The limitation period for material defects in new products is 12 months from the date on which the risk passes, 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 claims due to material defects in used products are excluded, subject to the provisions of Section G, Paragraph 2.
7. We shall not be liable for any consequences arising from the following circumstances:
• improper or inappropriate maintenance or use, in particular overloading;
• improper assembly or commissioning carried out by the customer or a third party;
• wear and tear or wear typical of use.
8. If the customer or third parties modify or repair the product improperly without our prior express consent, the customer shall have no claims against us for compensation for material defects in relation to this or any consequences arising from it.
9. We do not provide a warranty of fitness or any other warranty for our products. Accordingly, none of our descriptions, promises or other statements — whether made before or after conclusion of the agreement — shall be deemed to constitute a warranty.
II) With regard to legal defects in the products, we provide the following warranty:
We are obliged to supply products that are free from third-party industrial property rights and copyrights. If third parties assert substantiated claims against the products or parts thereof arising from industrial property rights or copyrights, we shall, at our discretion and at our own expense, either acquire the rights to use the product in question, modify it so that the industrial property rights or copyrights are not infringed, or replace the product (or the relevant parts thereof). If this cannot be achieved under conditions acceptable to us, the customer shall be entitled to withdraw from the agreement. Subject to the provisions of Section G, Paragraph 2 of these GTC, the customer may not claim compensation for wasted expenses or losses.
G) Liability
1. The following conditions apply to claims for compensation for losses arising for any reason from, in addition to or instead of the service, as well as to compensation for expenses and exemption from payment claims (hereinafter referred to as “compensation claims”). The provisions governing delays (Section C) shall take precedence.
2. We shall not be liable for compensation claims asserted against us, in particular for losses such as lost profits, losses due to downtime, interruptions in production and use, or indirect losses.
3. The burden of proof is not waived by the above exceptions.
4. No other claims shall apply.
H) Jungheinrich SHOP intermediary transactions
1. Intermediation in the distribution of electrical equipment under the Jungheinrich brand, as well as rental vehicles and maintenance services:
• supply agreements for the sale of new electrical equipment under the Jungheinrich brand;
• agreements for the rental of individual products (forklifts and shelving) included in the Jungheinrich SHOP product portfolio; and
• agreements for the maintenance of Jungheinrich forklifts. The above agreements may be concluded between the customer and Jungheinrich Lift Truck SIA (hereinafter referred to as “Jungheinrich”). In the event of conclusion of the agreement, the Jungheinrich SHOP online shop acts as an intermediary representative of Jungheinrich. In the event of conclusion of the agreement, Jungheinrich is the customer's sole contact person, and only the applicable Jungheinrich General Terms and Conditions shall apply, including for the conclusion of a distribution agreement, in particular in cases of delays, defects or losses.
I) Jurisdiction of the courts, applicable law
1. All disputes shall be heard by the courts of the Republic of Latvia.
2. All legal relations between the customer and us shall be governed exclusively by the laws and regulations of the Republic of Latvia applicable between domestic contracting parties. The application of the rules of private international law is expressly excluded. If any provision of these GTC becomes wholly or partially invalid, inoperative or unenforceable now or in the future, this shall not affect the validity and enforceability of the remaining provisions. A provision that is inoperative, has become invalid or is unenforceable shall, to the extent legally permissible, be deemed to be replaced by a valid and enforceable provision whose economic purpose most closely corresponds to that of the provision that is inoperative, has become invalid or is unenforceable, with regard to its subject matter, scope, duration, place and area of application.
J) Data protection
1. We ensure the protection of customer data provided to us. We store and process the data necessary to complete the transaction in accordance with the law, in particular the requirements of the currently applicable data protection legislation.
2. The data obtained with the order are used for the performance of the agreement, settlement and, where necessary, feedback.
• The data are transferred to the delivery company instructed to make the delivery, insofar as this is necessary for delivery of the goods.
• For the purpose of processing payments, we transfer the customer's payment data to the credit institution instructed to process the payment.
• If necessary, we instruct a third party to process the payment, which uses the customer's payment data for the purposes of processing the payment. The third party is obliged to handle the information in accordance with Latvian data protection laws.
• Where there is a legitimate interest (e.g. if we make an advance payment), we or the authorised person instructed to process the payment may, where necessary, transfer the agreement details (company, surname, first name, street, house number, postcode, locality) to third parties for the purpose of assessing creditworthiness, imposing the same obligation of data confidentiality on these third parties. Your protected interests are taken into account in accordance with the conditions laid down by law.
3. In accordance with the currently applicable data protection provisions, the customer has the right to:
• Receive information about the data stored concerning them, as well as have such data corrected, blocked or deleted.
• Object to or withdraw consent to the use of data for advertising purposes at any time. A simple notification addressed to: Jungheinrich Lift Truck SIA, Rītausmas iela 23, Rīga, LV-1058, or sent by e-mail to info@jungheinrich-shop.lv, stating the company, surname, first name, full address and, if available, customer number, shall be sufficient. No costs shall arise other than the standard costs of sending the notification.
More detailed and possibly updated information is summarised in our privacy statement.