STANDARD TERMS AND CONDITIONS OF SALE
Terms and conditions for Shop Online for access to and use of the Edmac website Shop Online these terms and conditions apply ('Terms and conditions'). BY LOGGING INTO OR USING THE WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS FOR CONNECTING TO THE SHOP ONLINE INCLUDING 'TERMS OF DELIVERY OF PRODUCTS OFFERED THROUGH THE WEBSITE' (SECTION 3 BELOW). If you do not accept these terms and conditions, you may not use the website. These Shop Online terms and conditions shall prevail over any additional or conflicting written or oral terms, unless such additional or conflicting terms are in writing and have been signed by a duly authorized Edmac salesperson with whom you are dealing.
1. Definitions
In these terms and conditions for connection, the following definitions shall apply: -(a)- 'Edmac, 'we', 'us' or 'our' refers to the legal entity within the Atlas Copco Group that (i) provides one or more usernames or password for access to the Website, (ii) makes the Website content, information or data available to the User through one or more usernames or passwords; and/or (iii) sells products to the user in connection with the user's orders through the website, -(b)- 'User' or 'you' means any person, entity or organization using the website or any part of it -(c)- 'Website' means all interfaces, features, codes, materials, files, graphics, images, information, data and other content directly related to the website located at https://edmac.in. No third party website or content therein shall be deemed to form part of the Website.
2. Responsibility for or obligations due to the website's content, actions or omissions
The Atlas Copco Group consists of a number of legal entities, each of which is responsible for its own business and product area. The website's content, information and data are posted by various such legal entities. The user accepts that the responsibility for and obligations due to specific content, information or data on the website or any act or omission shall be limited to the legal entity that posted this specific content, information or data on the website, or is directly engaged in such specific act or omission. Without in any way limiting the generality of the above, no legal entity that provides, leases or subscribes to servers or web hosting, registers or owns any domain name and/or provides technical support or administrative services for any other legal entity in connection with the website through a such act be responsible for the content, information or data on the website or for the acts or omissions of any other legal entity.
3. Conditions for delivery of products ordered via the website
For the delivery of goods ordered through the website, the latest edition of Atlas Copco's 'General Terms and Conditions for the Delivery of Products' shall apply which shall be expressly accepted by the user prior to the final order, provided that at the time when the user orders a particular product, (in ) there is a written agreement between the user and Atlas Copco's current sales company that is applicable to the sale of just such a product, or (ii) Atlas Copco's current sales company has presented terms and conditions for just such a product for the sale of products via the website's service area, in which case these terms and conditions shall apply to deliveries of products ordered through the website. Only professional users, such as commercial companies wishing to purchase any of our products for commercial use in the ordinary course of business, are permitted to purchase such products. Our products are not offered to consumers. When sending an order, the user must, among other things, confirm their VAT/GST number or, if this is not available in the relevant jurisdiction, any other identification number from the company. The responsibility for providing correct user information rests solely with the user and we cannot under any circumstances be held responsible for any damages or costs resulting from incorrect information provided by the user.
4. Username and password
To access the website, the user logs in via their credit card by selecting their country of delivery and the appropriate customer center. A user can also use the website without logging into the account, and then the statements and principles below remain valid. By accepting the applicable terms and conditions, you confirm that you are the final consumer of the product and that these products will only be used in your own production or research and development in your production unit. We reserve the right to deny access to the website, cancel or cancel the order if we have serious reasons to believe that the company information provided by the user could be incorrect. In such a case, we will immediately notify the user of this.
5. Trade compliance
By placing an order, you confirm that the order will not be used for any purpose involving chemical, biological or nuclear weapons or missiles capable of delivering weapons, nor for any other purpose prohibited by applicable law. Furthermore, you confirm that you will comply with applicable local requirements, foreign trade and customs requirements, embargoes and other sanctions. You must immediately notify us in writing if any violations of this Agreement are discovered. We will not be obliged to fulfill any order, agreement or any part thereof or related thereto, nor will we be liable for non-fulfilment, if such fulfillment has been prevented by any obstacle arising as a result of local requirement and/or foreign trade and customs requirements, some embargoes and other sanctions.
We reserve the right to cancel an order, agreement or any part related thereto with immediate effect and without notice if fulfillment has been prevented by any difficulty arising from inappropriate local requirements, international foreign trade and customs requirements, any embargo or other sanctions. The user must compensate us for direct or indirect damages that arise as a result of a violation of this agreement.
6. Approval/Confirmation
If Edmac accepts the User's order, Edmac will send a confirmation ('Confirmation') to the User and/or deliver the Products to the User, within 10 days If no confirmation is sent, the order has not been accepted. This confirmation and/or delivery of products means that a sales agreement between Edmac and the user has been entered into in accordance with these terms and conditions for Shop Online, taking into account any discrepancies in the confirmation and/or delivery. Obvious mistakes must be ignored. A confirmation shall not be considered to constitute an invoice. Unless the parties have agreed otherwise in writing, invoices must be sent via regular post or fax.
7. Prices excluding VAT/GST
Unless otherwise agreed in writing by the parties, all prices on the website are exclusive of VAT/GST and other taxes, transport or packaging costs. VAT/GST, other taxes and transport costs will be reported before the execution of the order. The user shall pay all applicable taxes in accordance with applicable laws and regulations.
8. Product availability and pricing
Although Edmac strives for accuracy regarding prices, availability and other information on the website, typographical errors and incorrect information about availability, prices and other information may occur. Products and/or services listed on the website may not be available. With the proviso that information about prices, availability, materials, products and/or services may change without prior notice. Edmac reserves the right to determine the maximum number of products that can be ordered by a user via one or more orders.
9. Disclaimer of warranty, limitation of liability
Edmac PROVIDES ACCESS TO AND USE OF THE SITE 'AS IS' AND 'AS AVAILABLE' WITHOUT ANY WARRANTIES OR UNDERSTANDINGS, INCLUDING, BUT NOT LIMITED TO, THE RELIABILITY, FUNCTION, UPTIME, NON-INFRINGEMENT OR SECURITY OF THE SITE, OR ACCURACY OR COMPLETENESS OF INFORMATION ON THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY PRODUCT OR SERVICE SPECIFICATIONS, AVAILABILITY, PRICES OR OTHER DATA. THE USER ASSUMES ALL RESPONSIBILITY AND RISK FOR ACCESSING OR USING THE WEBSITE. ATLAS COPCO DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE USER IS RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS AND SUITABILITY OF OPINIONS, STATEMENTS, SERVICES OR OTHER INFORMATION ON THE SITE. Edmac MAKES NO WARRANTIES AND MAKES NO COMMITMENTS REGARDING THIRD PARTY WEBSITES ACCESSIBLE THROUGH LINKS ON THE WEBSITE. SUCH LINKS ARE PROVIDED FOR CONVENIENCE ONLY. UNDER NO CIRCUMSTANCES SHALL ANY ENTITY WITHIN ATLAS COPCO OR ANY OF ITS PARENT COMPANIES, SUBSIDIARIES OR AFFILIATES BE LIABLE TO THE USER OR ANY THIRD PARTY FOR BUSINESS INTERRUPTION OR LOSS OF USE, DATA, PRODUCTION, BENEFITS OR CONTRACT, OR FOR OTHER CONSEQUENTIAL, INCIDENTAL DAMAGES OR INDIRECT LOSS OR DAMAGE, EVEN AFTER HAVING BEEN ADVISED OF THE RISK OF SUCH LOSS OR DAMAGE.
10. Change of these terms and conditions for Shop Online
Edmac may change these terms and conditions for Shop Online at any time. The user's access to or use of the website constitutes acceptance of such changes to the terms and conditions of Shop Online.
11. Modification of the Website
Edmac may at any time temporarily or permanently update, modify, change or terminate, in whole or in part, any or all functions, content, information, data of the website or any part thereof.
12. Permissible Use of Website/Indemnity for Infringement
The User's access to and use of the Website is permitted only in connection with the User's normal business operations in accordance with these Shop Online Terms and Conditions and applicable local, national and international laws and regulations ('Applicable Law'). Any other use is prohibited. If the user's access to or use of the website involves a violation of or infringement of applicable legislation, the user is not permitted to stay on or use the website and must then leave it immediately. The user's access to or use of the website also constitutes the user's undertaking that the user's access to and use of the website does not violate applicable legislation, and that Edmac can rely on this undertaking, including the user's undertaking regarding end consumption or export control. If any legal entity within Edmac incurs any loss, damage, expense, liability or fee, including reasonable attorneys' fees (collectively, 'Loss') as a result of User's violation of applicable law, User shall indemnify such legal entity for such loss to the extent it was caused by the user.
13. Personally Identifiable Information
If the user provides personal data (including but not limited to name, email address, etc.) to Edmac in connection with accessing or using the website, the user consents to Edmac transferring this information to other countries, including within or outside the European economic cooperation area. For more information see the privacy policy section. Acceptance of the applicable terms and conditions also includes acceptance of the privacy policy which can be found under https://edmac.in.
14. Arbitration and Applicable Law.
Unless otherwise agreed in writing by the parties, disputes arising in connection with these terms and conditions of Shop Online or the Website shall be settled by arbitration in accordance with the International Chamber of Commerce Arbitration Rules by one or more arbitrators appointed in accordance with these Rules. The arbitration shall be conducted where the relevant Atlas Copco entity is domiciled, and the laws of that jurisdiction shall apply. Regardless of the above, Atlas Copco can turn to the ordinary court where the user has its seat for the collection of debts.
15. Other matters
If any condition in these terms and conditions for Shop Online is declared illegal, invalid or inapplicable in court for any other reason, then this condition shall cease to apply and shall not affect the validity and applicability of the remaining conditions. The headings in these terms and conditions for Shop Online have been inserted for convenience and reference only and shall not be taken into account in connection with the interpretation of these terms and conditions for Shop Online