For the purposes of the present general sales conditions, capitalised terms shall have the meaning attributed to them in clause 13 hereinafter referred to as "Definitions". The present general terms of sale apply to all Products sold by the Company through the Site and delivered in Europe. The Company's customer accepts the present general terms and conditions of sale without reserve as soon as he/she ticks them off by electronic click, prior to the placing of his/her Order. The present general terms and conditions of sale and the Order confirmation constitute the Contract between the Company and the Customer for the delivery of the Products in Europe. All other general terms and conditions shall not apply. The Agreement cannot be changed unless the Company agrees in writing or by email to change it. The information contained in advertising material, brochures and any other written document supplied directly by the Company's agents or employees and/or distributed or communicated in any way, particularly through the Internet, is an invitation to negotiation and has no contractual value.
1. Precontractual information
The Customer is informed that the Products offered for sale on the Site are new, in accordance with the European legislation in force and the standards applicable in Europe. The Company does not sell second-hand Products via the Site.
By accepting the present general terms and conditions of sale: the Customer acknowledges having full decision-making power or the consent of a competent person before placing an Order with the Company, having taken note of the present general terms and conditions of sale and of the essential characteristics of the Products he orders. The essential characteristics are indicated in the technical sheet of the Products on the Website. In this respect, the Company specifies that the photographs of the Products offered for sale on the Site are as faithful as possible but cannot guarantee a perfect reproduction of the Products offered, the photographs on the Site are therefore purely indicative and the Company shall not be held liable for any discrepancies.
If the Customer is of the opinion that he is not sufficiently able to choose the Product(s) best suited to him, he should seek the assistance of an Advisor of his choice. In any event, the Customer has the possibility of contacting the Company by e-mail/telephone to obtain additional information about the Products listed on the Site.
2.1. Taking the order
The Customer may only place his order via the Website or by telephone. The Company wishes to draw the attention of the Customer to the fact that the online Order via the Website is secured. The Company also wishes to draw the attention of the Customer to the fact that, when placing an Order via the Website, incorrect or incomplete information (especially the address of the recipient) may result in errors in the execution of the Order (especially in the delivery), for which the Company shall under no circumstances be held liable. The Customer must carefully check that the following data are correct: Product(s) ordered, quantity ordered and delivery address for the Order.
2.2. Order Confirmation
If the Company accepts the Order, it shall announce its acceptance by sending an Order Confirmation to the email address of the Customer. The Company reserves the right to refuse a Customer's Order for legitimate reasons, in accordance with the relevant legislation.
2.3.1 Cancellation of the Order
Cancellation of the Order by the Company, an Order may be cancelled by the Company at any time in the event of: unavailability of the Product(s) ordered and/or impossibility to deliver the Service(s) for which a service order has been made; lack of payment by the Customer of the Order Price within the permitted time period, as referred to in Article 4.1 below; force majeure (i.e. unforeseen delays in delivery or faulty deliveries by suppliers). Unavailability of the ordered Product(s) Although the Company shall make its best efforts to deliver the Products specified in the Order Confirmation, it may happen that ordered Products or Services cannot be delivered to the Customer because, for example, major stock variations do not allow their absolute availability.
2.3.2 Cancellation of the Order by the Customer
An Order can be cancelled by the Customer in case of: delay in the delivery of the Product(s) ordered by the Customer as stated hereafter in article 5.2; transport damage or if the number of delivered Products does not correspond, determined according to the conditions stated hereafter in article 5. 5; the Product(s) delivered to the Customer do not correspond in quality, as required in Article 5.6; the Customer exercises his right of withdrawal, as indicated in Article 6.1 below, or in the event of an error in the Product(s) ordered by the Customer. 2.4. Consequences of the cancellation of the Order In case of cancellation of the Order for the reasons set out in articles 2.3.1 and 2.3. 2 : The payments already made by the Customer and received by the Company shall be reimbursed to the Customer's bank account, by bank transfer or to his PayPal account, to the exclusion of any other compensation or damages, in accordance with the legal provisions applicable in Europe, within a maximum delay of thirty (30) days following the day when the Customer communicated his Order; the return costs shall be at the expense of the Customer in accordance with the provisions of article 6 hereafter.
3. Price and payment
3.1. List price
The selling price of a Product or Service is freely determined by the Company; these prices may vary at any time. The Company shall endeavour to deal with Price variations of the Products and Services offered for sale as soon as possible, by updating the references on the Site as often as possible. In any event, the Price in force at the time of the Order shall be the Price invoiced to the Customer. All prices are indicated on the Website and are expressed in euros, including all taxes, but excluding delivery costs.
The total Price of the Order (T.O.P), consisting of the additional delivery costs referred to respectively in article 3.1, shall be included in the Invoice drawn up by the Company after the Order is confirmed. The Invoice shall be made available to the Customer through the Website, via his personal account.
4. Payment of the Products and/or Services
4. Payment options
4.1. Payment methods
The Customer may pay for the Products according to the methods listed under the heading "method of payment" on the Website, i.e. by bank card (VISA, MasterCard), PayPal, bank transfer, IDEAL. The Customer must pay in Euros. The online payment is secured by SISOW, an organisation specialised in securing online transactions. When placing the Order, the Customer must guarantee to the Company that he has the necessary authorisations to use the payment method. If the Customer pays by bank transfer, the Product(s) and Service(s) shall only be delivered or performed upon receipt of payment. The Company reserves the right to request a photocopy of the Purchaser's identity card and proof of address with each payment. In order to combat fraud on the Internet, information on orders may be provided to a third party for verification. All payments made on the website are checked and verified. If necessary, additional information may be requested or even required from the Customer to validate his Order. In case of risk of non-payment of a transaction, the Company reserves the right not to proceed with the Order.
5. Delivery of the Products or Services
5.1. Delivery address
The Company will only deliver the Products to the delivery address indicated on the Order. www.carparts-onlineshop.com has websites in several countries. For the Netherlands: www.carparts-onlineshop.com. The information provided by the Customer at the time of the Order is his sole responsibility: in the event of an error in the data provided by the recipient of the delivery, the Company shall not be held liable for the impossibility of delivering the Product(s). After payment of the Order, changes to the delivery address of the Product(s) or Service(s) cannot be accepted. However, the Customer may, at his/her own risk, ask the Delivery Service Provider to change the delivery address. In this case, the Company cannot be held liable for any errors in delivery or for the loss of the package by the Delivery Service.
5.2. Delivery time
The Product(s) and/or Service(s) are usually delivered and/or performed within a period of 1 to 3 working days from the Order (excluding weekends and holidays). The period may be considerably longer for hard-to-reach areas. The timeframe between submitting the Order and the first delivery by the Delivery Service to the address submitted by the Client is determined by 2 factors: 1. the preparation time (24 to 48h) = payment, preparation and care of the Order by the Delivery Service. 2. the delivery time of your order by the Delivery Service (24 to 48). The Client will receive an e-mail when his order leaves our premises. The delivery and dispatch dates are purely indicative and do not involve any contractual obligations. In the event of an exceptional delay in shipment, the Customer will in any event receive an e-mail.
5.3. Partial delivery
Where a Customer has ordered multiple Products or Services, in the event of the unavailability of one or more Products at the date of dispatch of the Order, only the Products available at that date may be delivered. In this case, the Company shall reimburse the price of the Product or Service not delivered.
5.4. Transfer of risk
The transfer of risk to the Customer shall take place at the time of delivery of the Products.
5.5. Receipt of the Products
The delivery shall be made by a Delivery Agent, as proof of delivery a paper or electronic receipt, called the Delivery Note, shall be signed by the Customer and/or the addressee designated by the Customer. In the event of transport damage, if the Product(s)/Service(s) delivered do not correspond to the Order, or in the event of an error by the Customer notified to the Company in advance in accordance with the conditions set out in Article 6.3, the addressee shall be required, upon receipt, to express his reservations directly on the delivery note. To this end, the Customer must check the content, accuracy and condition of the Product(s) upon delivery. This verification shall be deemed to have been carried out when the Customer, or his authorised representative, signs the delivery note of the Delivery Provider. If the Customer makes a reservation, he is obliged to refuse the delivery and must demand that the Delivery Service take back the Product(s) immediately, having first checked compliance with the take-back conditions stated in Article 6.4 c) for the Product(s). In the absence of a proviso on the Delivery Note, no complaint from the Customer shall be accepted by the Company if the wrong number of Products has been delivered or in the event of visible defects to the Product(s) delivered. Subsequent complaints shall only be possible in the event of a lack of conformity in the nature of the delivered Product(s) and shall be made in accordance with Clause 5.6 or as a legal guarantee for hidden defects under Clause 8. In case of an unjustified refusal of the Product(s), the Company may claim a lump-sum compensation of €29 per individual Product delivered in Europe. If the Company actually establishes the discrepancies, the Customer's Order shall be cancelled and the consequences set forth under clause 2.4 shall apply except that the Customer shall not have to pay any return costs in respect of the immediate taking back of the Product(s) by the Delivery Company. The Customer must place a new Order if he wishes a new delivery.
If the delivered products do not correspond to what the client ordered (wrong reference), the client must inform Mpr parts BV by e-mail or by telephone if this was not indicated on the delivery note. This must be done within 15 (fifteen) days after the delivery date, otherwise, the complaint will not be accepted. When passing on the complaint the customer should mention the following information: Order number; Reference(s) and number of Products delivered; Reference(s) of Products received; Exact reason for complaint. If the Company effectively establishes the lack of conformity, the Customer's Order shall be cancelled and the consequences described under Clauses 2.4 and 6.2 shall apply. The Customer must place a new Order if he wants a new delivery.
6. Customer's right to return the Products
6.1. Right of withdrawal
If the Customer is a non-professional consumer and he is not satisfied with one of the Products or Services purchased, he may, in accordance with the legislation applicable in the country of delivery (the Netherlands), return the Product(s) or cancel the order for the Service in question by contacting the Company, exclusively by e-mail or telephone, within a period of 15 working days from the delivery of the Product(s) (the signature on the dated Delivery Note being taken as the date of delivery). Provided the aforementioned period of 15 (fifteen) Business Days is complied with, the Customer shall be reimbursed within a period of 30 days from the date of delivery of the Product(s) or the conclusion of the order for the Service(s) in question. The shipping costs will not be refunded, and the return shipping costs of € 7.95 (transport) for the returned Product(s) will be deducted from the compensation for the Products. Reimbursement of the ordered, delivered and subsequently returned Product(s) shall in any case only take place subject to the condition that the returned Product(s) have been checked by the Company and found to be complete and in good condition (unused and without assembly marks).
6.2. Return of Products for non-conformity due to the nature of the Products
In the event of non-conformity due to the nature of the ordered Product(s) and/or Service(s) at the time of delivery, the Customer may, after having submitted its complaint to the Company in accordance with the conditions set out in Clause 5.6, return them to the Company if authorised to do so in accordance with the conditions set out in Clause 5.6. If the Customer's complaint is justified, no return shipping costs will be charged for the Product(s) ordered, delivered and subsequently returned. The reimbursement of the return shipping costs shall take place after the Customer has submitted written proof.
6.3. Return of the Products in case of error of the Order by the Customer
In case of an error in the Order (reference, destination, brand, quantity, addresses), the Customer must contact the Company by email or telephone, at the latest one hour after receipt of the Order Confirmation, to request the immediate cancellation of his Order. The cancellation of the Order may have the consequences described under clause 2.4, in particular In the event that the shipment of the Product(s) or the performance of the Service(s) has already been prepared when the Company receives the Customer's cancellation request, the Customer can only refuse the delivery of the Product(s) or Service(s) by asking the Deliveryman to return the Order immediately and by stating "refused" on the delivery note without signing it. 2. In any event, the reimbursement of the Product(s) ordered, delivered and subsequently returned shall only take place on condition that the returned Product(s) has been checked by the Company and found to be complete and in good condition (unused and without assembly marks). The Product means both the Product and its packaging. Under no circumstances may the packaging be torn, soiled or written on. If the item is returned incomplete or damaged, Mpr parts reserve the right to refuse reimbursement or to apply a reduction of up to 70% to the sale price of the Product. In the event that the Customer is not reimbursed or a reduction is applied, the Customer will receive an explanation by email. The Customer must place a new Order if he/she wishes a new delivery.
6.4. Conditions for returning the Products
In order for the Company to accept the returned Product(s), the Customer must take the following steps: 1. contact Mpr parts by email via its customer account or by telephone to obtain a delivery note. 2. place the complete and undamaged product back in its original packaging. 3. put the original packaging in protective packaging. 4. contact the Mpr parts delivery person to come pick up the package. 5. return the parcel and the delivery note to the delivery person. Following these steps allows the Product(s) to reach the correct destination as quickly as possible and in good condition. If the Customer does not follow these steps, the returned Product(s) may not be accepted upon receipt. The Company reserves the right to refuse any Product that is not returned in accordance with the rules.
The products offered by the Company conform to current European legislation and standards applicable in Europe. The products sold by the Company may only be fitted to vehicles or systems recommended by the constructor or manufacturer or by an authorised person and only under their responsibility. The Company cannot, under any circumstances, be held liable for the consequences of incorrect fitting or use of a product that is not adapted to a particular vehicle.
7.2. Manufacturer's warranty
Some Products have a manufacturer's warranty of usually one year. If a Product becomes defective during the warranty period, repairs are covered by the manufacturer concerned. The Customer is responsible for the shipping costs of the Product to the manufacturer.
7.3. Guarantee for hidden defects
In accordance with the legislation on hidden defects applicable in Europe, the Customer enjoys a legal guarantee for hidden defects. Only those Products with a recognised hidden defect may be returned to the Company for this reason. If a Customer indicates that a Product supplied by the Company has a hidden defect, he/she must provide proof of this. The Customer must therefore request an expert's report from a recognised expert in order to confirm the hidden defect. If the expert's report shows that there is a hidden defect, the document proving this must be sent to the Company's customer service department as soon as possible. Upon receipt of this document, the Company's customer service will provide the return authorisation number and the procedure to be followed for returning the Product. The cost of returning the Product shall be borne by the Company. The Company will authorise the return of the Product after the hidden defect has been identified by the Company's services. Once the return has been approved by the Company's services, the purchase price of the Product will be refunded. Subject to proven hidden defects, the costs of expert assessment may be reimbursed by the Company on presentation of the invoice relating to these costs.
7.4. Exclusion of guarantee
The guarantee does not apply to: the replacement of consumables (bulbs, brushes, batteries, discs, filters, plugs, clips, plates, etc.); abnormal or incorrect use of the products; defects and consequences resulting from use for which the product is not intended (competition, etc.); defects and consequences resulting from an external cause.
8.1. Liability of non-professional consumers
If the Customer is a non-professional consumer, nothing in these General Terms of Sale shall limit or exclude the Company's liability for the non-performance of any of its obligations under any public law provision.
8.2. Liability of professional consumer
If the Customer is a professional consumer: 1. The only obligations and warranties imposed on the Company are those which are expressly set out in these General Terms of Sale to the exclusion of any other warranties and/or obligations; 3. The Company hereby expressly excludes the applicability of any warranties in relation to the Products or Services which might form part of the Contract under any statutory provision (including but not limited to those relating to quality and fitness for purpose, reasonable care and skill). In particular, the Company is not responsible for ensuring that the Products are fit for the Customer's purposes.
8.3. Loss of income
The Company shall not be liable for any loss of income, profits, contracts, data or for any other indirect or consequential loss arising in relation to any tort (including negligence). The total liability of the Company - irrespective of the cause - is limited to the amount paid by the Customer for the relevant Product(s) and/or Services.
9. Force majeure
The following shall be regarded as force majeure: states of war, lock-outs, uprisings, strikes, coups, natural disasters and, more generally, all cases recognised by the case law of Dutch courts and tribunals with regard to the unforeseeable, irresistible and external character of these events. However, the Company shall not be held liable for the non-performance of its contractual obligations if such non-performance is due to force majeure and such circumstances cannot reasonably be attributed to the Company.
10. Applicable law - Competent court
The present general terms and conditions of sale are subject to Dutch law. Any dispute relating to the interpretation or execution of the present conditions or their continuation shall be subject exclusively to: the jurisdiction of the courts of common law in the country of delivery if the Customer is not a merchant. the jurisdiction of the Commercial Court of Amsterdam (Netherlands) if the Customer is a merchant.
11. General Provisions
The provisions of the present Terms of Sale constitute the entire agreement between the Company and the Customer (hereinafter the "Agreement") for its purposes and supersede and cancel any statement, negotiation, undertaking, oral or written communication, acceptance, understanding and prior agreement between the Parties relating to the provisions provided for in or applicable to this Agreement.
Failure by either party to enforce any term of this Agreement shall not constitute a waiver of any right. Such failure shall therefore in no way affect the right to enforce that condition later.
If any provision of this Agreement should be unlawful, void or unenforceable, this provision shall be deemed unwritten without affecting the enforceability of all remaining provisions.
Any amendment of the Agreement must be made in writing in an Appendix by mutual agreement of the Parties.
12. Protection of personal data
By placing his/her Order, the Customer agrees that the Company may store, process and use the data collected through the Order for the purpose of processing the Order. Certain information may be transmitted to Companies responsible for the delivery of the Products. When the Customer pays for the Products ordered, certain information provided by the Customer shall be transferred to the Companies responsible for such payment. The Customer authorises the Company to send him commercial messages by email relating to the Company's Products and Services. Protection of your email address: Mpr parts will not pass on your e-mail address to third parties. It will only be used for communication purposes between the Company and the Customer. These communications include sending our Newsletter and e-mails relating to your order. If you have subscribed to our partners' newsletters, you will also receive them at the specified email address. All e-mails from Mpr parts contain a link at the bottom to stop sending them. You can cancel your subscription to the Newsletter at firstname.lastname@example.org. This can also be done in writing to the following address: HULSINGBROEK 1, 5993 NE, MAASBREE, NETHERLANDS. Contactable from Monday to Friday from 9 am to 12 pm and 1 pm to 5 pm.
13. Defined terms
In these general terms and conditions of sale, the following terms shall have the following meanings: " Company ": the Dutch subsidiary of the company Mpr parts BV INCORPORATED IN THE CHAMBER OF TRADE VENLO, 64186369, VAT NR NL8555.58.180.B.01 " Order ": the electronic order submitted by the Customer via the Website, in accordance with the provisions of the present terms and conditions of sale. "Customer ": a professional or non-professional consumer who purchases Products and/or Services from the Company. "Order Confirmation ": the order confirmation issued by the Company informing the Customer that his Order has been accepted. "Non-professional Consumer": a Customer who purchases Products and/or Services for purposes other than his professional activity. "Agreement ": the entire agreement consisting of the present Sales Conditions and the Order Confirmation. "Invoice ": the invoice issued by the Company for payment of the price of the Products and/or Services. "Working Day": any weekday excluding Saturdays, Sundays or public holidays in the Netherlands. "Order Number ": the order number issued by the Company to the Customer. "Party" means the Customer and/or the Company. "Price " means the price of the Product(s) and/or Service(s) purchased by the Customer from the Company, as defined in clause 3 of these terms of sale. "Products ": the products available on the Site which the Company agrees to supply in accordance with the present Sales Terms and which may also include Services. "Site or Website ": our Website, accessible at the address www.carparts-onlineshop.com, designed to receive the orders of consumers in the Netherlands. "Deliveryman": any delivery company entrusted with the delivery of the Product(s) ordered, being, depending on the circumstances: DHL, TNT
5993 NE MAASBREE