E-COMMERCE Provisions for online purchases

1. Scope of Agreement

1.1 Company Details: ASSAB Tooling Technology (Shanghai) Co. Ltd, a company registered in the People’s Republic of China, with its registered office at No. 4088 Humin Road, Xin Zhuang Industrial Zone, Shanghai 201108, China (hereinafter “we“, “us“, “our“).

1.2 Our Tax number is 913100006073350931.

1.3 You can contact us by email at order-csd@assabsha.com, unless you are giving us a formal notice, in which case it should be sent to the address above.

1.4 These terms apply to the online purchase of our products via our e-commerce platform https://www.assab.com(“Platform”) to buyers of our products (“you”, “Customer” or “Customers”).

1.5 Any order placed via the Platform is subject to our General Terms of Sale (“General Terms of Sale”) as well as these provisions for online purchases (“E-Commerce Provisions“). In the event of any inconsistency between the E-Commerce Provisions and our General Terms of Sale, the E-Commerce Provisions shall take precedence.

1.6 If the Customer wishes us to make any modifications, variations or supplements to these E-Commerce Provisions, it must notify us and any modifications, variations or supplements must be agreed in writing by us and signed by a duly authorised signatory on our behalf.

1.7 We reserve the right to modify the E-Commerce Provisions at any time. The currently applicable version of the General Terms of Sale, as well as of the E-Commerce Provisions, shall be released with a version notice on the Platform and the version that will apply to each contract concluded in accordance with the terms of Section 3 below will be the version available on the Platform on the date the relevant contract is concluded. It is the responsibility of the Customer to check these terms before placing an order. We also recommend that the Customer keeps a copy of the relevant versions applicable to any contracts it enters into through use of the Platform.

 

2. Registration

2.1 We offer access to the Platform for selected and registered Customers only. The Platform is provided “as is” and free of charge unless we decide to restrict access or close down the Platform. We reserve the right to, also without notice, discontinue, change or expand at any time, temporarily or even permanently, any part or all of the services and products offered via the Platform.

2.2 If a Customer intends to place an order via the Platform, it must first apply for a registered account by filling out this form. The Customer confirms the accuracy of the details provided.

2.3 Via the registration form, the Customer may request a registered account and choose a user name as well as an access password. Upon acceptance of the registration by us, the Customer will be sent a registration confirmation to the e-mail address provided by it.

2.4 We reserve the right to deny or revoke any registration request or an existing registration without stating any reason. A revocation of an existing registration shall have no effect on any contracts already concluded, but it will exclude Customer from further online purchases. Any contracts already concluded shall be fulfilled by both parties.

2.5 The Customer shall be responsible for keeping its access data confidential and secure. Our Platform will verify whether an access password used matches a properly activated user name. We shall not be obligated to perform any further verification. Therefore, any person that logs into our Platform by using the Customer’s authorization details shall be deemed to be authorized by the Customer to render legally effective declarations in connection with all activities on the Platform and to conclude contracts on behalf of the Customer.

2.6 Customer shall inform us immediately in case of loss, potential or suspected misuse of its password or account. On receipt of any such notification, we will disable the account during our ordinary business hours and provide Customer with new access data.

3. Placing an Order and Conclusion of Contract

3.1 The information on this Platform is not intended as advice on, or as a recommendation for, the purchase of our products. Except as expressly stated in our General Terms of Sale, all content and products provided on the Platform are provided “as is” and to the fullest extent permitted by law, we exclude any terms, conditions, warranties or licences, whether express or implied. All Customers are solely responsible for the appropriateness of the products offered on the Platform for their intended application and use. We do not warrant, either expressly or impliedly, that our products offered are fit for a particular purpose or shall meet the Customer’s requirements. Customers are advised to conduct their independent research into individual products before proceeding to make an Offer.

3.2 The presentation of our products and services on the Platform is not an offer in the legal sense. An offer is made where a Customer completes the order process on the Platform to buy the products specified in the order, subject to the General Terms of Sale (“Offer”). The Customer has the option to verify its order and correct any errors before submitting the Offer. The Customer is responsible for ensuring that its order is complete and accurate. The Offer of the Customer shall become legally binding by clicking on the “Order” button on the Platform. With submission of the order, the Customer can no longer modify it.

3.3 We will send Customer upon receipt of an order an automatic receipt confirmation via e-mail to acknowledge the Offer. Such receipt confirmation does not constitute any acceptance of the Offer. Our acceptance of any order will take place as described below in Section 3.4. The Customer acknowledges that the data provided by it (name, address, company register number or date of birth) may be – where justified by objective reasons- transferred to our third party service provider in order to conduct a credit/solvency check.

3.4 We will confirm our acceptance of a Customer’s order in writing, usually by sending a separate order confirmation by email to Customers (“Acceptance”), which shall also include the final price subject to Sections 4.2 and 4.4. The Acceptance will usually be issued within one business day after receipt of the order. Customers shall be bound by their order for a maximum of one week. We may accept orders only in part if the Customer has explicitly indicated that it is happy to accept a partial order when submitting its Offer. We are also entitled to refuse orders in part or in their entirety without stating a reason, but in particular in the event that the ordered product is unavailable. For the sake of clarity, where a Customer does not receive an order confirmation from us but accepts delivery of the goods, this will be deemed as conclusive evidence of the Customer’s acceptance of the goods, the General Terms of Sale and E-Commerce Provisions and constitute a legally enforceable contract.

4. Prices and Payment Terms

4.1 The prices for the ordered products are generally not displayed on the Platform for Customers that are not logged-in. Where prices are displayed on the Platform (either where Customers are logged in or not) or in the automatic receipt confirmation, the relevant prices are only indications based on our experience of previous orders for the same products with, including without limitation, similar type, size, dimensions etc. Prices displayed on the Platform or in the automatic receipt confirmation are merely indicative and not confirmed by both parties; they are subject to adjustment based on our review of the ordered products and costs incurred with producing the ordered products from available material or their delivery.

4.2 In the light of the above, Customers agree that the confirmed price of each ordered product may deviate up to +/- 15% from the indicative price displayed on the Platform or in the automatic receipt confirmation. If our assessment of the order leads to a price increase of more than 15% in comparison to the indicative price displayed on the Platform or in the automatic receipt confirmation, we will contact the Customer via email and ask for its explicit approval of the confirmed price. In case we do not receive any written approval within three business days after our request, the Customer’s order is deemed as withdrawn.

4.3 The final prices for the ordered products are set forth in our order confirmation according to Section 3.4.

4.4 The delivery and shipping costs as indicated in the order confirmation or on the Platform shall be added to the confirmed price and shall be the final amount (“Final Amount”). The actual delivery time depends on the chosen method and terms of delivery.

4.5 The Final Amount shall be due, unless otherwise agreed, in full and without deduction immediately upon Acceptance according to Section 3.4 thus upon conclusion of the contract and is indicated in the order confirmation.

4.6 The Final Amount can be paid via advance payment or invoice (provided that the Final Amount is covered by the Customer’s order limits as resulting from the credit/solvency check according to Section 3.3). In case of advance payment, the Final Amount has to be paid within five business days upon Acceptance and must be received by us prior to the shipping of the products. Any delivery times as agreed in the General Terms of Sale shall only start upon receipt of full payment of the Final Amount.

 

5. Express Service

We may offer selected Customers a fast delivery service of the ordered products (“Express Service“). The specific delivery times are indicated on the Platform or in the order confirmation. Express Service has to be separately selected by the Customer during the ordering process.

 

6. Warranty and Liability

6.1 The warranty and liability as to the delivery of the ordered products and with regard to the general contractual relationship between us and the relevant Customer is governed by the applicable General Terms of Sale.

6.2 We are not obliged to provide IT infrastructure and will thus not be liable for any modification, suspension, or discontinuation of the Platform or the loss of any content. We also cannot guarantee that the Platform is available uninterruptedly. Temporary connection interruptions may occur. We reserve the right to do maintenance works at any time without prior notice.

6.3 The Customer also acknowledges that the internet may be subject to breaches of security and that personal data or other information that is provided over the internet may not be secure.

6.4 The Platform may contain links that allow access to third-party websites or services (“Third-Party Services“) that are not owned or controlled by us. Such Third-Party Services are governed by their own terms of use. We do not control Third-Party Services and are not responsible for their contents. We may thus not be held liable for the technical availability of Third-Party Services, their content, advertising, products and/or services.

 

7. Applicable Law and Jurisdiction

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the law of the People’s Republic of China. We both agree to submit to the exclusive jurisdiction of the courts under the Chinese law.

 

Version as of March 2020

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