<p>INTRODUCTION</p>
<p>This document (together with any documents herein mentioned) sets forth the terms and conditions governing the use of this website and the purchase of equipment through such website (hereinafter, the "Terms"). Please read through these Terms, our Cookies Policy and our Privacy Policy (together the "Data Protection Policies") prior to using this website. By using this website, you are consenting to be bound by these Terms and our Data Protection Policies. If you do not agree to all of the Terms and the Data Protection Policies, do not use this website. These Terms and the Data Protection Policies may be amended. It is your responsibility to regularly read through them, as the Terms and the Data Protection Policies in force at the time that you use the website or at the time of the formation of the Contract (as defined below) shall be the applicable ones.</p>
<p>OUR DATA</p>
<p>Concrete Pumps Europe S.L.</p>
<p>YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE</p>
<p>The information or personal details that you provide us with shall be processed pursuant to the Data Protection Policies. By using this website you are consenting to the processing of such information and details and you represent that the whole information or details you have provided us with are true and accurate.</p>
<p>USE OF OUR WEBSITE</p>
<p>By using this website and/or to make management through it, you undertake: To use the website exclusively to make legitimate enquiries. Not to make any speculative, false or fraudulent. If we are reasonably of the opinion that such an order has been made we shall be entitled to cancel the order and inform the relevant authorities. To provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Data Protection Policies). If you do not give us all of the information that we need, we may not be able to complete your order. By placing an order through the website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.</p>
<p>HOW THE CONTRACT IS FORMED</p>
<p>The information set out in the Terms and the detail contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between us and you until your order has been expressly accepted by us (whether or not funds have been deducted from your account).</p>
<p>AVAILABILITY OF EQUIPMENT</p>
<p>All orders for equipment are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute equipment.</p>
<p>PRICE AND PAYMENT</p>
<p>The price of any products will be as stipulated on our site from time to time, except in cases of obvious error. The price is set by the owner and only he will be able to best offer. When you are put in accordance with the advertiser or seller and come to buy a equipment, you will be required to pay us a sales Commission of 1% of the total of the purchase and is accordingly to have approved the terms of use of this website. We are under no obligation to provide the product(s) to you at the incorrect (lower) price. The prices on the website do not include VAT, but exclude delivery costs. Prices are liable to change at any time. Payment can be made by Visa, Mastercard and American Express card and PayPal.To minimise the possibility of unauthorised access, your credit card details will be encrypted.</p>
<p><br />
By clicking "Authorise payment" you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or the credit voucher card.<br />
Credit cards will be subject to checks and authorization by the authority of the same, but if that entity does not authorize the payment, we will not be responsible for any delay or failure of delivery and not we formalize any contract with you.</p>
<p>LIABILITY AND DISCLAIMERS</p>
<p>Unless otherwise stated in these Terms, our liability in connection with any product purchased through our site is strictly limited to the purchase price of that product. Nothing in these Terms shall exclude or limit in any way our liability: For death or personal injury caused by our negligence; For fraud or fraudulent misrepresentation; or For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability. Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise stated in these Terms, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limit) for any: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; and waste of management or office time Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website. To the extent permitted by law, we exclude all warranties, except those that cannot be legitimately excluded from consumers and users. The provisions of this clause shall not affect your rights as a consumer and user, or its right to withdraw from the contract.</p>
<p>INTELLECTUAL PROPERTY</p>
<p>You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. This does not prevent you using this website to the extent necessary to make a copy of any order or Contract details.</p>
<p>VIRUSES, HACKERING AND OTHER CYBERCRIMES</p>
<p>You may not misuse this website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You will not attempt to have any unauthorized access to this website, to the server which hosts this site or to any other server, computer or data base related to our website. You undertake not to attack this website via a denial of service attack or a distributed denial of service attack. By breaching this provision you may commit a criminal offence under the applicable regulations. We will report any such breach to the relevant law enforcement authority and we will co-operate with the appropriate authority to disclose the identity of the hacker. Likewise, in the event of such a breach, your right to use this website will cease immediately We accept no liability for any loss or damage resulting from any denial of service attack, virus or any other software or material which is malicious or technologically harmful to your computer, equipment, data or material resulting from the use of this website or from the downloading of the contents thereof or of such contents to which this website redirects.</p>
<p>LINKS FROM OUR WEBSITE</p>
<p>We may have links from our website to other third party websites and materials; such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.</p>
<p>WRITTEN COMMUNICATIONS</p>
<p>Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.</p>
<p>NOTICES</p>
<p>All notices given by you to us should be given to us via our web form. Subject to and as otherwise specified in Clause 19 we may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.</p>
<p>TRANSFER OF RIGHTS AND OBLIGATIONS</p>
<p>The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.</p>
<p>EVENTS OUTSIDE OUR CONTROL</p>
<p>We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: Strikes, lock-outs or other industrial action. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. Impossibility of the use of public or private telecommunications networks. The acts, decrees, legislation, regulations or restrictions of any government. The acts, decrees, legislation, regulations or restrictions of any government. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.</p>
<p>WAIVER</p>
<p>If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default arising from the Contract or the Terms. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above</p>
<p>SEVERABILITY</p>
<p>If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. ENTIRE AGREEMENT These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and us acknowledge that, in entering into a Contract, neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such Contract except as expressly stated in these Terms. Neither you nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these Terms.</p>
<p>OUR RIGHT TO VARY THESE TERMS</p>
<p>We have the right to revise and amend these Terms from time to time. You will be subject to the policies and Terms in force at the time that you use this website or order products from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority, in which case, any potential changes will also apply to orders previously placed by you.</p>
<p>LAW AND JURISDICTION</p>
<p>We have the right to revise and amend these Terms from time to time. The use of our website and the Contracts for the purchase of equipment through such website will be governed by Spanish law. Any dispute arising from, or related to the use of the website or to such Contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts. If you are contracting as a consumer, nothing in this Clause will affect your statutory rights as such.</p>
<p>FEEDBACK</p>
<p>We welcome your comments and feedback. Please send all feedback and comments to us via our contact form or at the e-mail address contact@pumpseu.com.</p>