Website Terms and Conditions
1. The Website and its terms and conditions
1.1 The Website (https://parts.bobcat.eu/ ) (“Website”) is created and offered to you by Doosan Bobcat EMEA s.r.o. with registered offices at U Kodetky 1810, 263 12 Dobříš, Czech Republic and registered under number 264 89 201 (“Bobcat” or “we” or “us”). The present terms and conditions (“Terms”) apply to the use of the Website.
1.2 By accessing or using the Website you acknowledge to have read the Terms and agree to be bound by them. If you would not agree with the Terms, we kindly ask you to leave the Website.
1.3 The Terms may be updated or revised from time to time, which shall be communicated through the Website. We recommend that you read them whenever you visit our Website.
2. Services and Content provided on the Website
2.1 The Website offers you the possibility to access and consult all information and material provided on the Website, including but not limited to copyright material, trade names, trademarks, databases and other proprietary information, such as logos and symbols, text, software, applications, photos, graphics, video, design, layout and other visuals, music and sound and the arrangement of the content as well as the general “look and feel” of the Website (the “Content”) and to purchase spare parts for Bobcat equipment (“Products”). When you purchase spare parts, specific Terms and Conditions of Sale will be applicable to those purchases terms and conditions.
2.2 We try our best at all times to provide you on the Website with accurate Content concerning our Products. However, given that the Website is under constant development and improvement, it cannot be entirely avoided that Content sometimes may be incorrect or not up-to-date and subject to change. That is why we cannot accept any liability for the accuracy of the Content provided on the Website at any given point in time.
2.3 It is possible that the Website contains hyperlinks to third party websites. We have no control over the content on these websites and cannot accept any responsibility for those websites.
2.4 The information and Content provided on the Website cannot be considered as specific information to you personally or to address your requirements.
2.5 In case you would have doubts or questions concerning the Content, we ask you to contact DICE EMEA E-COMMERCE CUSTOMER SERVICE (email@example.com ).
2.6 We have the right, without any notification to you, to suspend, limit the use of or restrict access to the Website or parts of the Website. This can for instance occur when we carry out maintenance works to the Website or when we change the services provided on the Website.
3. Intellectual Property
3.1 The Content is owned by us or our licensors and is protected under copyright, trademark and other intellectual property laws as well as unfair competition and unfair market practice laws.
3.2 Unless you have obtained our prior written consent, you are not allowed to copy, reproduce, distribute, publish, modify, translate or create other derivate works from, nor license, sell all or any part of the Content.
3.3 Without our prior written consent, you are also not authorised to disassemble, decompile, translate or reverse engineer any part of the software used in the Website and the Content on the Website, or otherwise try to extract or derive the source code of the software. You are neither allowed to systematically retrieve the Content from the Services to compile or create, whether is directly or indirectly, a database, collection, directory or compilation.
4. Customer Account
4.1 For reasons of convenience, you have the possibility to create a Customer account that enables you to purchase our Products.
4.2 We undertake all reasonable endeavours to keep your Customer account available, but we cannot guarantee that it will be accessible all the time. You remain at all times responsible for the use of your Customer account, for keeping your password safe and for keeping records of your purchase history. The Customer account should not be considered as an online archive.
5. Your obligations
5.1 You are free to use the Website and its Content in accordance with these Terms and you are responsible for the way you use it.
5.2 You are allowed to link to the Website, but only in a manner that corresponds with these Terms and does not bring harm to us. This means that the link cannot be detrimental to our business or cannot take unfair advantage of our reputation, nor that the link falsely implies or suggest that we would endorse, approve or are associated with the linked websites, webpages or any of its contents.
5.3 You are not allowed to place commercial messages on the Website or to change the Content in any way.
5.4 You will not harm the integrity of the systems behind the Website, including but not limited to pushing codes, placing worms or worms nor restrict the access to (parts of) the Website.
6. Warranties and Liability
6.1 We provide the Website “as is”. We do undertake a reasonable level of skill and care, but we do not make any specific promises or representations concerning the Website, the services or the Content. This means that we do not make a commitment that the Website, as well as the services and Content provided run uninterrupted or error-free. We do not warrant that any Content available for downloading from the Website is free from viruses and/or other code that has contaminating or destructive properties. It is your responsibility to use sufficient anti-virus procedures and performing security checks.
6.2 We are not responsible and cannot be held liable for any shortcoming, not even when resulting from gross negligence or fraud in the services of third parties on which the Website relies but which are beyond our control (e.g. services provided by third party applications, telecom providers or payment service providers).
6.3 We shall not be liable for any indirect damage, which shall at least be understood as consequential damages, financial or commercial damages, loss of profit or income, lost opportunities, lost savings, damage due to business discontinuity, reputational damage and damage from legal proceedings initiated by third parties against you following the use of the Website.
6.4 We shall not be liable for suspending the use of (parts of) the Website, nor for limiting access to the Website or the unavailability or withdrawal of any Content, material or other information of the Website.
7.1 Your personal data is collected and processed through the use of the Website, for example when you use the contact form. For more information, please consult our [Privacy Notice].
7.2 We also collect and process personal data through the cookies placed on your equipment after you have agreed that we could do so. For information on the use of your personal data through the Website and the use of the cookies, please consult our [Cookie Notice].
8.1 Sub-contracting. We are entitled to rely at our own discretion on subcontractors for the fulfilment of our obligations under these 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.
8.2 Amendments. These Terms can only be modified in writing.
8.3 No Waivers. Any delay or failure by us in exercising any right under these Terms will not be deemed a waiver of that right.
8.4 Severability. If any provision of these 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.
8.5 Jurisdiction and applicable law. These Terms and Conditions 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 these 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.