Terms and Conditions of Sale – Doosan Bobcat Webshop

  1. General

 

1.1 The Doosan Bobcat Spare Part Webshop (the “Webshop”), available via https://parts.bobcat.eu/ (the “Website”), is offered by Doosan Bobcat EMEA s.r.o. with registered offices at Kodetky 1810, 263 12 Dobříš, Czech Republic and registered under number 264 89 201 (“Bobcat” or “we” or “us”).

 

1.2 By accessing or using the Webshop you (the “Customer” or “you”) acknowledge to have read these Terms and Conditions of Sale (the “Terms”) and agree to be bound by them.

 

1.3 Every purchase made in the Webshop shall be exclusively governed by the Terms, except when we have a different written contractual relationship with you.

 

1.4 By placing an order in the Webshop and checking the tick box that confirms your acceptance of the Terms, you and the organisation that you represent agree that the Terms apply, together with our Website Privacy Notice and our Website Terms and Conditions of Use, and you agree that you fully understand the Terms and all other contractual information in the English language. In case of a conflict between these Terms and the Website Terms and Conditions of Use, these Terms shall prevail. We advise you to download these Terms or to make a print of these.

 

1.5 The Terms may be updated or revised from time to time and only in writing. The latest applicable version shall be communicated at the time of placing an order. We recommend that you read the Terms whenever you visit or place an order in the Webshop. Your continued use of the Webshop after any such change constitutes your acceptance of the new Terms. If you do not agree to any of the Terms or any future Terms, do not use or access (or continue to access) the Webshop.

 

  1. The Products offered on the Webshop

 

2.1 The Webshop offers spare parts for Bobcat equipment (the “Products”). The Webshop is accessible for any Customer who wishes to purchase Products for its own use, regardless whether that is professional or private use.

 

2.2 The offer in the Webshop does not constitute a legally binding offer, nor does it indicate availability of the Products. The Customer can consult the Products, place them in a shopping cart, without being under any obligation to buy them and without Bobcat being obligated to sell them.

 

2.3 Bobcat will indicate the price of the Products, the applicable taxes and the shipping costs.

 

2.4 If the Products are purchased for professional use, the Customer shall indicate so by providing its VAT number when placing an order.

 

  1. Making a purchase and payment

 

3.1 A purchase will be final when Bobcat has accepted the Customer’s order.

 

3.2 Your order is only valid if you are at least 18 (eighteen) years old.

 

3.3 The Customer may choose any payment method made available by Bobcat in the Webshop. Such payment methods may vary from time to time.

 

3.4 The data that are registered on our servers will provide proof of the transactions that take place between us and you, unless proven otherwise.

 

3.5 Bobcat may involve third party service providers to process payments via the Webshop. In such case you may be directed to the services of such third parties. The processing of your personal data by such service provider shall be governed by the privacy policy of such service provider.

 

  1. Delivery

 

4.1 The Products shall be delivered to the address provided by the Customer (the “Delivery”).

 

4.2 The Products will only be shipped for Delivery after Bobcat has received payment for the purchased Products.

 

4.3 The Delivery dates indicated in the order confirmation should be understood as an estimated Delivery date. Bobcat will undertake all reasonable endeavours to meet the Delivery date but cannot be held responsible for a delay. If a delay of the Delivery would take longer than 30 calendar days, the Customer has the right to annul the purchase but is not entitled to any other form of compensation.

 

4.4 Bobcat shall notify the Customer of the actual time and date of Delivery. The Customer ensures that the Delivery will be accepted by someone eligible to do so.

 

  1. Risk

 

5.1 The risk of loss of the Products shall pass to the Customer, its agent or any carrier at the time of Delivery, unless another (Inco)terms have been agreed between Bobcat and the Customer in writing.

 

  1. Acceptance

 

6.1 Any shortage in the Products, visible defects or wrongly delivered Products have to be notified to Bobcat in writing within 72 hours after the time and date of Delivery.

 

6.2 In the absence of such notification, the Products will be deemed accepted by the Customer.

 

  1. Withdrawal and refund policy

 

7.1 After our shipment confirmation e-mail, you have no legal right to cancel the purchase nor to return Products, unless in case of non-conformity or defects as further described.

 

7.2 If and to the extent you are a consumer purchasing a Product for private use, you are entitled to withdraw from the purchase and to return the Products within 14 days of the Delivery date. All items returned must be in a new uninstalled condition and must include a copy of the invoice. The Customer carries the shipping responsibility and the shipping costs. Bobcat recommends to use shipping with trackability of the Products.

 

7.3 Products that have been used, installed, that have been tampered with or that are missing labels or accessories will not be accepted for return.

 

7.4 Bobcat will notify the Customer by email when it accepts the return of the Products and will refund the purchase price via the Customer’s original payment method. In the event that Bobcat refuses the return, it will notify the Customer of its motivation thereof.

 

  1. Warranties

 

8.1 The information available in the Webshop concerning the Products should not be understood as advice with regard to the use or suitability of the Products for their intended use. All information presented at the Webshop is offered ‘as is’, even if Bobcat undertakes its best efforts to provide accurate information. You must therefore always carefully read and respect the specific product information, specifications, compatibility requirements and instructions that are provided with the Products.

 

8.2 The Customer understands that the Products have to be duly maintained and serviced, at least once a year, by an official Bobcat dealer. Bobcat shall not be responsible for Defects due to a lack of proper maintenance, repair or servicing of the Products.

 

8.3 If the Customer buys the Products in its professional capacity, Bobcat provides a warranty to the Products of 12 months or 1000 hours, whichever comes first, from the date of Delivery. The warranty covers hidden defects in the Products that make them unfit for their intended purpose.

 

8.4 If the Customer is a consumer purchasing a Product for private use, Bobcat provides a warranty to the Products of 24 months from the date of Delivery.

 

8.5 In order to invoke the warranty, the Customer shall provide proof of the purchase and of the defect by email to DICE EMEA E-COMMERCE CUSTOMER SERVICE (hallecustsvc@doosan.com ) within 8 days after the discovery of the defect. At Bobcat’s request, the Customer shall send the Products to Bobcat for examination. The Customer carries the shipping responsibility. Bobcat recommends to use shipping with trackability of the Products. If the Product has a hidden defect, Bobcat will refund the shipping costs to the Customer.

 

8.6 Products which show hidden defects, which are covered by their warranty, Bobcat will decide at its own discretion to either repair the Products or to replace them, without any other compensation to the Customer being due.

 

8.7 No warranty will be granted when

 

  • the Products have been reworked, processed, used in an abnormal way, wrongly assembled by third parties, if the indicated instructions for use have not been followed or if the Products have been handled improperly,
  • the defects are the result of normal wear and tear, excessive strain, the use of unsuitable materials, faulty operating conditions, insufficient maintenance, or electromechanical or electric impacts.

 

  1. Liability

 

9.1 After expiration of the warranty period, Bobcat is no longer liable for defective Products.

 

9.2 As far as permitted by law and except for the legal provisions concerning product liability or fraud, Bobcat’s liability shall in any case be limited to the price paid by the Customer.

 

  1. Intellectual property rights

10.1 All intellectual property rights, such as designs, trademarks, patents, copyrights, arising from the Products, plans, drawings, manuals, documents and operating instructions which Bobcat provides to the Customer, remain the exclusive property of Bobcat and may under no circumstances be passed on to third parties or reproduced without Bobcat’s explicit written consent.

  1. Miscellaneous

            11.1 Subcontracting

We are entitled to rely at our own discretion on subcontractors for the fulfilment of our obligations under the Terms. The Terms with respect to us cannot be construed as being of a strictly personal nature. All rights and obligations with respect to us in the frame of these Terms can be transferred in whole or in part to a third party without the your consent.

            11.2 No Waivers.

Any delay or failure by Bobcat in exercising any right under the Terms will not be deemed a waiver of that right.

            11.3 Severability.

If any provision of the Terms is or becomes illegal, invalid or unenforceable, that will not affect the legality, validity or enforceability of any other provision thereof.

Such illegal, invalid or unenforceable provision will then, to the extent permissible by law, be replaced in good faith by a provision which reflects best the purpose and contents of the illegal, invalid or unenforceable provision.

            11.4 Jurisdiction and applicable law.

The Terms shall be governed by the laws of the Czech Republic, with the express exclusion of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention of 1980).

Any dispute, controversy or claim arising out of or relating to the Terms, or the breach, termination or invalidity thereof, shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The seat of arbitration shall be Prague, Czech Republic. The language to be used in the arbitral proceedings shall be English. Private consumers can start proceedings before the court, which is judicially competent to hear their claim or can choose to file their claim at the ODR platform:

https://ec.europa.eu/consumers/odr/main/?event=main.home2.show&lng=CS .

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