Terms and conditions

Introduction

This website (https://ep-shop.at/) (“Site”) is owned and operated by Forkline Trucks GmbH, a company registered in Germany (company registration number HRB 106945) and its affiliates (“Forkline”, “we”, “us”, “our”).

The terms and conditions in this document outline the purpose of the Site, our scope of services available through the Site, our respective obligations and responsibilities, and the terms and conditions on which you use the Site.

Before using or accessing the Site, you should read these terms and conditions (“Terms of Use”).

Acceptance of Terms of Use

By accessing, viewing or using the Site (including creating a user account with us) in any manner, you acknowledge and agree that you are bound by the Terms of Use, regardless of whether you have actually read or understood them.

If you do not agree to any of the Terms of Use, you must immediately cease to access or use the Site.

We reserve the right to amend or vary the Terms of Use from time to time. Each time you access or visit the Site, you are deemed to have accepted the current Terms of Use.

Licence to Use the Site

Subject to your compliance with the Terms of Use, we grant you a non-exclusive, revocable and non-transferable licence to access and use the Site (and its contents) for informational purposes and for the purposes for which we provide the Site.

Purpose of the Site

The purpose of the Site is to connect our authorised dealers (“Dealers”) with our customers (the end customers of our equipment branded “EP Equipment”) (“Customers”) and to enable Customers to request quotations from Dealers or place orders with Dealers.

Basic Operating Principles of the Site

You can select products offered on the Site by clicking the “Add to cart” button. By clicking the “Place binding order” button, you submit a binding offer to purchase the products contained in your shopping cart. Before submitting the order, you may review and amend your order at any time. You must read and accept these Terms of Use before submitting your order.

After you submit an order, we will send you an automatic email confirmation. This confirmation only acknowledges receipt of your order and does not constitute acceptance of your offer.

We will forward your order to the nearest Dealer based on geographical proximity. The Dealer may accept the offer within three business days. If accepted, we will notify you by email on behalf of the Dealer. Each accepted offer constitutes a separate contract between you and the Dealer. If the Dealer does not accept the offer within three business days, we will notify you by email.

The contract will be concluded in Italian.

You may also request a customised quotation using the “Request a quotation” option. We will forward your request to the nearest Dealer, who will contact you directly with a formal quotation.

We will provide your details to the Dealer and to EP Equipment Europe and/or EP Equipment Germany to facilitate the potential transaction.

Prices of Products

Unless otherwise stated, all prices on the Site are in Australian dollars and exclude goods and services tax (GST). We reserve the right to change prices at any time. If you have already submitted an order, the Dealer will honour the submitted price unless the order is affected by a pricing error.

Errors

While we use reasonable efforts to ensure accuracy, we reserve the right to cancel any order affected by errors, including pricing, product descriptions or specifications.

If your order is affected by a genuine error, we may cancel the order.

Not for Resale

You acknowledge and agree that products purchased through the Site are not for resale.

Product Images

Images, photographs, graphics and other visual materials displayed on the Site are for illustrative purposes only. We do not guarantee that the product delivered will be identical in appearance to the images shown. Any variation does not constitute a defect.

Product Descriptions and Specifications

While we endeavour to keep product information accurate and up to date, we do not warrant that descriptions, specifications or technical information are free from errors or omissions. You are responsible for verifying details with the Dealer before purchase.

Creating an Account

Only individuals aged 18 years or over may create an account. You must represent a business entity and have authority to act on its behalf.

You warrant that all information you provide is accurate and complete. There are no fees for creating an account.

We may refuse, suspend or cancel any account if eligibility requirements are not met or if conduct breaches these Terms of Use.

Relationship Between You and the Dealer

We are not a party to any contract formed between you and a Dealer. Our role is limited to facilitating contact. We are not responsible for Dealer conduct, representations or performance.

Keeping Your Account Secure

You must keep your account credentials confidential. We are not responsible for unauthorised account use. If you suspect unauthorised access, you must change your password immediately and notify us.

Restrictions on Use

You may use the Site only for lawful purposes. You must not:

• breach any laws or intellectual property rights
• interfere with Site operation
• introduce viruses or malicious code
• provide false or misleading information
• engage in illegal or unlawful activities
• impersonate others or misrepresent your identity
• allow others to use your account
• copy Site content without written consent

Conduct

You must not disrupt the Site or other users, including through malware or unauthorised access attempts. Illegal, fraudulent or defamatory use of the Site is strictly prohibited.

Viruses

We do not warrant that the Site or downloaded files are free from viruses or malicious code. You are responsible for using appropriate antivirus protection.

Service Availability

We do not guarantee uninterrupted access to the Site. We may modify, suspend or discontinue any part of the Site at any time without liability.

Intellectual Property Rights

All intellectual property rights in the Site and its contents belong to us or our licensors. No rights are transferred to you under these Terms of Use except the limited licence to use the Site.

No Warranties

The Site is provided “as is” and “as available”. We make no warranties regarding accuracy, availability or reliability. You use the Site at your own risk.

Third-Party Links

Links to third-party websites are provided for convenience only. We do not control or endorse those websites and accept no responsibility for them.

Limitation of Liability

To the maximum extent permitted by law, we are not liable for any loss or damage arising from your use of the Site, including indirect or consequential loss. If liability cannot be excluded, our liability is limited to restoring or remedying the Site.

Indemnity

You agree to indemnify us and our affiliates against all claims, losses, damages and costs arising from your breach of these Terms of Use or your use of the Site.

Cookies

We may use cookies on the Site. By using the Site, you consent to the use of cookies.

Termination

Either party may terminate your account at any time. Termination does not affect any contracts formed between you and Dealers.

Notices

Notices must be given by registered post or email and will be deemed received in accordance with standard delivery timeframes.

Severability

If any provision is unenforceable, it will be severed and the remaining provisions will continue in full force.

Applicable Law

These Terms of Use are governed by the laws of Victoria and, where applicable, the Commonwealth of Australia. You submit to the exclusive jurisdiction of the courts of Victoria.