TERMS AND CONDITIONS OF THE WEBSITE
zoomlionpoland.com
ZOOMLION HEAVY INDUSTRY (POLAND) SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
§ 1. General Provisions
- These Terms and Conditions (the “Terms”) set out the rules for using the website available at www.zoomlionpoland.com (the “Website”), including the rules for using the contact form and the scope of the Administrator’s liability.
- The owner and administrator of the Website is ZOOMLION HEAVY INDUSTRY (POLAND) SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (a limited liability company under Polish law), with its registered office in Sokołów, ul. Sokołowska 47B, 05-806 Sokołów, Mazowieckie Voivodeship, Poland, entered into the register of entrepreneurs of the National Court Register (Krajowy Rejestr Sądowy) under KRS number: 0001029952, NIP (Tax ID): 5273052004, REGON (Statistical ID): 524583600, share capital of PLN 1,800,000.00, e-mail address: biuro@zoomlion-zitc.com, telephone: +48 22 720 10 16 (the “Administrator” or the “Company”).
- The Website is informational and presentational in nature and is intended, in particular, to: present the product offering (construction and agricultural machinery, including excavators, cranes, concrete mixers, forklifts and other equipment), provide information on servicing/after-sales services, publish information on industry events, and enable contact with the Administrator via the contact form.
- Use of the Website is voluntary and free of charge. Commencing use of the Website constitutes acceptance of these Terms.
- The Terms are made available free of charge on the Website in a manner that allows them to be obtained, reproduced, recorded and printed.
- The Website is available in Polish and English language versions. In the event of any discrepancy between the Polish and English versions of the Website or of these Terms, the Polish-language version shall prevail and be binding.
§ 2. Definitions
- Whenever the Terms refer to:
- a) “Website” – shall mean the website available at zoomlionpoland.com, together with all of its subpages;
- b) “User” – shall mean any natural person, legal person, or organisational unit without legal personality using the Website;
- c) “Contact Form” – shall mean the form available on the Website enabling the sending of a commercial, service-related or other inquiry to the Administrator;
- d) “Content” – shall mean all textual, graphic, photographic, video and other materials published on the Website;
- e) “Service Provider” – shall mean the Administrator, as referred to in § 1(2) of these Terms, acting as the entity providing electronic services within the meaning of the Polish Act of 18 July 2002 on the Provision of Electronic Services;
- f) “Consumer” – shall mean a User who is a natural person performing a legal transaction with the Administrator that is not directly related to that person’s business or professional activity, within the meaning of Article 22¹ of the Polish Civil Code.
§ 3. Electronic Services
- The Service Provider provides, free of charge, via the Website, the following electronic services within the meaning of the Act on the Provision of Electronic Services: (a) a service enabling the browsing of Content published on the Website, and (b) the Contact Form service referred to in § 6 of these Terms.
- The agreement for the provision of the service of browsing the Content published on the Website is concluded at the moment the User enters the Website and is terminated at the moment the User leaves the Website, without the need for either party to make any additional declarations.
- The agreement for the provision of the Contact Form service is concluded at the moment the User begins completing the form and is terminated at the moment the User sends the message, or at the moment the User stops completing the form and leaves the Website, whichever occurs first.
- The User may, at any time, discontinue use of the services referred to in this paragraph, in particular by discontinuing use of the Website or closing the browser window, which shall be equivalent to termination of the agreement for the provision of the relevant service.
- The Service Provider notes that the use of the electronic services provided through the Website may involve risks typical of the use of the Internet, as referred to in § 4(3) of these Terms.
§ 4. Technical Requirements
- In order to properly use the Website, the following are required: a device with access to the Internet, an up-to-date web browser supporting the HTML5 standard, JavaScript and cookies, and an active e-mail account – in the case of using the Contact Form.
- The Administrator makes reasonable efforts to ensure that the Website can be used with all popular web browsers, operating systems, device types and Internet connections; however, it does not guarantee full compatibility with all hardware and software configurations.
- The Administrator notes that the use of the Internet and of electronically provided services may involve risks (e.g. malware, unauthorised access to data) and recommends that Users apply appropriate safeguards (antivirus software, firewalls, software updates).
- The Website is hosted on servers provided by an external hosting service provider – home.pl S.A., with its registered office in Szczecin, Poland. In connection with the use of hosting services, data transmitted in connection with the use of the Website (including IP addresses and other data recorded in server logs) may be processed by this service provider to the extent necessary to ensure the proper functioning and security of the Website, in accordance with the data processing agreement concluded by the Administrator.
§ 5. Rules for Using the Website
- The User is obliged to use the Website in a manner consistent with applicable law, good practice and the provisions of these Terms, with respect for intellectual property rights and the personal rights of third parties.
- In particular, it is prohibited to: provide unlawful content, undertake actions that may disrupt the proper functioning of the Website (including hacking-type actions, sending spam, or introducing malware), and obtain data of other Users without their knowledge and consent.
- The Administrator reserves the right to temporarily restrict the availability of the Website in connection with maintenance, update or modernisation work, and will, where possible, inform Users in advance.
- The Administrator reserves the right to block access to the Website for Users who violate the provisions of these Terms or applicable law.
§ 6. Contact Form
- By means of the Contact Form, the User may send the Administrator an inquiry, in particular concerning the product offering, servicing/after-sales services, business cooperation, or other matters related to the Company’s business activity.
- Sending a message via the Contact Form requires providing the data marked as mandatory (e.g. first and last name, e-mail address, telephone number, message content) and accepting the Privacy Policy.
- The Administrator makes reasonable efforts to respond to messages sent via the Contact Form within a reasonable time, not exceeding 14 business days; however, this period does not constitute a binding deadline within the meaning of civil law provisions.
- The Contact Form does not constitute an offer within the meaning of the Polish Civil Code. The Administrator’s response to an inquiry sent via the Contact Form does not constitute conclusion of an agreement, and all commercial terms (including prices, delivery times, and warranty terms) are determined separately, as part of individual negotiations and a separate agreement concluded in writing or in another form agreed by the parties.
§ 7. Informational Nature of Content and Limitation of Liability
- All information contained on the Website, including descriptions, technical parameters, performance data, photographs and visualisations of machinery, is provided for informational and illustrative purposes only and does not constitute a commercial offer within the meaning of Article 66 § 1 of the Polish Civil Code.
- The Administrator makes reasonable efforts to ensure that the information published on the Website is up to date, reliable and accurate; however, it does not guarantee its completeness or the absence of errors. The technical parameters, equipment and appearance of the machinery presented may differ from the actual condition, in particular due to changes introduced by the manufacturer.
- Binding arrangements regarding the technical parameters, price, availability, warranty terms and delivery terms of a specific machine or service each require separate confirmation by the Administrator, including by way of an individual commercial offer.
- The Administrator shall not be liable for: decisions made by the User based solely on the content published on the Website without separate verification with the Administrator; interruptions in the availability of the Website resulting from technical causes beyond the Administrator’s control (including force majeure, failures of telecommunications links, or actions of third parties); and content posted on websites to which the Website provides links (hyperlinks), where such websites are operated by third parties.
- The Website may contain links to external services (e.g. YouTube, social media). The Administrator is not liable for the content, privacy policies, or operation of third-party services.
§ 8. Intellectual Property
- All rights to the Website and to the Content published on it, including in particular the “Zoomlion” trademark, logos, texts, graphics, photographs, video materials, and the graphic layout of the site, belong to the Administrator or to third parties that have granted the relevant licences, and are protected under applicable law, including the Polish Act on Copyright and Related Rights and the Polish Industrial Property Law.
- Use of the Website does not entail the acquisition by the User of any rights to the Content contained therein. It is prohibited to copy, reproduce, modify, distribute or use the Content for commercial purposes without the Administrator’s prior written consent, except for use within the scope of permitted personal use.
§ 9. Personal Data
- The controller of the personal data of Users provided via the Website, including the Contact Form, is ZOOMLION HEAVY INDUSTRY (POLAND) SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, in accordance with the details specified in § 1(2) of these Terms.
- The rules for processing Users’ personal data, including the purposes and legal bases for processing, the data retention period, and the rights available to Users, are set out in a separate document – the Privacy Policy, available at: zoomlionpoland.com/polityka-prywatnosci/.
- Providing personal data in the Contact Form is voluntary but necessary in order to respond to the inquiry sent.
§ 10. Cookies
- The Website may use cookies and similar technologies to ensure its proper functioning, to analyse traffic, and for statistical purposes.
- Detailed information regarding the use of cookies is contained in the Privacy Policy / cookie policy available on the Website. The User may change their cookie settings at any time using their web browser’s settings.
§ 11. Complaints Regarding the Functioning of the Website
- The User may submit complaints regarding the functioning of the Website electronically to: biuro@zoomlion-zitc.com, or in writing to the Administrator’s registered office address specified in § 1(2).
- A complaint should contain at least: contact details enabling a response to be provided, and a description of the circumstances justifying the complaint.
- The Administrator shall review the complaint and provide a response within 14 days of its receipt.
- This paragraph does not apply to complaints relating to purchased machinery, equipment or after-sales services – these are handled in accordance with the terms of separate agreements, warranty terms, and applicable law.
- A Consumer has the right to use out-of-court methods of handling complaints and pursuing claims, in particular by seeking assistance from the competent Voivodeship Inspector of Trade Inspection, the district (municipal) consumer ombudsman, or a permanent consumer arbitration court operating at the Voivodeship Inspectorate of Trade Inspection. Detailed information on out-of-court consumer dispute resolution methods is available on the website of the Office of Competition and Consumer Protection (UOKiK): www.uokik.gov.pl.
§ 12. Final Provisions
- The Administrator reserves the right to introduce amendments to the Terms for important reasons, including in particular: changes to the functionality of the Website, changes to the laws applicable to the Administrator’s or the Website’s activities, and in order to improve clarity and eliminate any interpretative doubts.
- The current version of the Terms is published on the Website, together with the date on which it enters into force, on each occasion it is updated.
- In matters not regulated by these Terms, the provisions of Polish law shall apply, including in particular the Act of 23 April 1964 – the Civil Code, the Act of 18 July 2002 on the Provision of Electronic Services, and Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR).
- Any disputes arising from the application of these Terms shall be resolved amicably by the parties wherever possible; failing agreement, such disputes shall be subject to the jurisdiction of the common court having territorial jurisdiction over the Administrator’s registered office, unless mandatory provisions of law provide otherwise.
- These Terms shall enter into force on the date of their publication on the Website.
Effective date: 05.08.2025
Version: 1.0
Note: This document is an English translation of the original Polish-language Terms and Conditions (Regulamin) provided for informational purposes only. In the event of any discrepancy, the Polish-language version shall prevail — see § 1(6).