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.

2.1 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.

3.1 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.

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.

5.2 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.

6.1 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.

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.

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.

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.

11.1 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.