Terms and conditions

Forkline Trucks GmbH

Graf-Adolf-Platz 12

40213 Düsseldorf

Germany

Registered in the German Commercial Register under number HRB 106945

Represented by the Managing Director: Bennit Schmieder

VAT number: DE 453363156

Telephone: +44 (0) 800 000 0000

Email: [email protected]

1. Scope of Application

1.1 Forkline operates an online platform (https://ep-store.uk/) that facilitates contact between Users of the platform and Dealers registered on it, enabling Users to place orders for Products with such Dealers.

1.2 The following terms and conditions apply exclusively to the business relationship between Forkline and the User, in the version valid at the time of the User’s registration on the platform.

1.3 The platform is intended exclusively for business Users and not for consumers.

2. Definitions

For the purposes of these Terms and Conditions, the following definitions apply:

“Forkline”: Forkline Trucks GmbH i.G., a company registered at Graf-Adolf-Platz 12, 40213 Düsseldorf, Germany, HRB 106945, acting as an intermediary for online sales.

“Dealer”: The commercial partner responsible for the sale and delivery of Products to the User.

“User”: The business or commercial entity that uses the Webshop and places a purchase order through it.

“Webshop”: The intermediation platform (https://ep-store.uk/) operated by Forkline.

“EP Equipment”: The manufacturer of the Products offered for sale on the platform. This collectively includes: ZHEJIANG EP EQUIPMENT IMP. & EXP. CO., LTD., with registered office at No.121 Yonghua Road, Xiacheng District, Hangzhou, Zhejiang, China; EP Equipment Europe, with registered office at Gustave Demeurslaan 69 – 1, 1654 Huizingen, Belgium, VAT BE 0835220676; EP Equipment Germany GmbH, with registered office at Schanzenstraße 35, Gebäude 381b, EG-2.OG Ost, 51063 Cologne, Germany, VAT DE352494619.

“Products”: The goods offered for sale at https://ep-store.uk.

3. Our Webshop Services

3.1 Forkline acts exclusively as an intermediary, making the Webshop available as a platform. The Webshop offers Users the opportunity to purchase products from Dealers registered in the Webshop and to request customised quotations.

3.2 The purchase contract for products displayed in the Webshop is concluded exclusively between the User and the respective Dealer registered in the Webshop.

4. Conclusion of Contract with Dealers

4.1 The User may select products offered in the Webshop and collect them in a so-called “basket” by clicking the “Add to basket” button. By clicking the “Place binding order” button, the User submits a binding offer to purchase the goods contained in the basket. Before submitting the order, the User may view and modify the data at any time. However, the offer can only be submitted if the User accepts these Terms and Conditions by clicking the “Accept Terms and Conditions” button, thereby including them in the offer.

4.2 Forkline will then send the User an automatic confirmation of receipt by email, listing the User’s order and which can be printed using the “Print” function. This automatic confirmation of receipt serves only to document that the User’s order has been received by Forkline and does not constitute acceptance of the offer.

4.3 The User’s offer may be accepted within three working days by the Dealer. The User will then receive an order confirmation by email from the Dealer. In this email, the contractual text will be sent to the User on a durable medium. The text of the contract will not be stored by us. […] The User will be informed by email if the contract is not concluded.

4.4 The contract is concluded in the English language.

4.5 The User may also request a customised quotation via the “request a quote” option. This function creates a request that is forwarded by Forkline to the nearest Dealer, based on geographical proximity. The Dealer will then contact the User directly to provide a formal offer. Only the Dealer’s terms and conditions apply. The User will conclude an individual contract with the Dealer, and neither Forkline nor EP Equipment will be party to such contract.

4.6 Forkline will also forward the purchase order, together with the User’s data, to EP Equipment Europe and/or EP Equipment Germany to facilitate delivery of the products ordered by the User.

5. Registration

5.1 The Webshop offers Users the opportunity to register and create a User account. Registration is free of charge and is not mandatory in order to purchase Products.

5.2 To register, the User must provide an email address, which will also serve as the username, and a chosen password. The registration process is available only in the English language. Before completing registration, the User may view and modify the data entered at any time. The User is required to protect their login credentials from unauthorised access by third parties and must immediately inform Forkline if they become aware of or suspect any misuse. Allowing third parties to use or access one’s account is prohibited.

5.4 The User must accept these Terms and Conditions to create a User account. They will receive an email containing the Terms and Conditions, which they may also view directly in their User account.

6. Delivery and Product Availability

6.1 Shipment of Products to the address indicated by the User is organised by the Dealer. The delivery time is agreed between the User and the Dealer based on stock availability.

6.2 If no units of the product selected by the User are available at the time of order, the Dealer will immediately inform the User.

6.3 Any delays in delivery are the sole responsibility of the Dealer. The User is required to verify and confirm delivery times directly with the Dealer.

7. Prices

7.1 All prices shown in the Webshop are exclusive of VAT (value added tax).

7.2 Applicable shipping costs are indicated to the User in the order form and are payable by the User.

7.3 Shipment of goods is carried out by the Dealer. The shipping risk is borne by the User.

8. Payment Terms

8.1 Each Dealer independently establishes their own payment terms, which the User is required to comply with.

8.2 The User may change the payment method stored in their User account at any time.

9. Liability

9.1 Claims for damages by the User are excluded. This exclusion does not apply to claims for damages arising from injury to life, body or health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages caused by intentional or grossly negligent conduct on the part of Forkline, its legal representatives or agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract.

9.2 In the event of breach of essential contractual obligations, the supplier is liable only for foreseeable damage typical of the contract, where such damage was caused by simple negligence, unless it involves damage arising from injury to life, body or health.

9.3 The limitations of liability set out in paragraphs 9.1 and 9.2 also apply in favour of the legal representatives and agents of Forkline, where claims are made directly against them.

9.4 The limitations of liability referred to in paragraphs 9.1 and 9.2 do not apply where Forkline has assumed a guarantee as to the quality of the products offered in the Webshop. The provisions of the German Product Liability Act (Produkthaftungsgesetz) remain in force in any event.

9.5 Forkline acts exclusively as a provider of an intermediation platform and is not liable for delivery delays, errors or other issues related to the sale, which are handled directly by the Dealers.

10. Warranty

Products are covered by warranty in accordance with the terms specified by the Dealer.

11. Data Protection

For detailed information on the processing of personal data, please refer to our Privacy Policy.

12. Amendments to the Terms and Conditions

12.1 Forkline has the right to amend these Terms and Conditions at any time with future effect, where such amendments become necessary due to changes in applicable legislation, court decisions or for economic or technical reasons on the part of Forkline.

12.2 Forkline will inform the User of such amendments by sending the updated Terms and Conditions to the email address most recently provided by the User, at least eight (8) weeks before the new Terms and Conditions come into force. This notice period does not apply where Forkline is required to make amendments to the Terms and Conditions for legal or regulatory reasons that do not permit compliance with such period, or, in exceptional cases, must amend the Terms and Conditions to prevent an unforeseen and imminent threat in order to protect the Webshop, consumers or business users from fraud, malware, spam, privacy breaches or other IT risks.

12.3 Amendments will only come into force with the consent of the User. Consent is also deemed to have been given where the User does not object to the amendments within four (4) weeks and continues to use the platform. It is sufficient to send the objection within the specified period to meet the deadline.

12.4 In the event of objection by the User, the Terms and Conditions will remain in force in their unamended version. Forkline has the right to terminate the contractual relationship where the User objects to the amendments in a timely manner.

13. Final Provisions

13.1 The contractual relationship between Forkline and the User is governed by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Statutory provisions regarding limitations on the choice of applicable law and the application of mandatory provisions remain unaffected.

13.2 Where the User is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the User and the supplier shall be the registered office of Forkline.

13.3 Should any provision of this contract prove to be or become legally invalid, the validity of the remaining provisions shall not be affected thereby. In place of the invalid provision, the relevant statutory provisions shall apply, where available. However, if this would result in an unreasonable burden for either contracting party, the entire contract shall be deemed void.