General Terms & Conditions
Introduction
These are our General Terms and Conditions. These General Terms and Conditions always
apply when you use our Website or place an order through our Website, and they contain
important information for you as a buyer. Please read them carefully. We also recommend
that you save or print these General Terms and Conditions so that you can consult them at a
later time
Article 1. Definitions
1.1. ReierParts: based in Amstelveen and registered with the Chamber of
Commerce under file number 81412665, trading as ReierParts.
1.2. Website: the Website of ReierParts, to be found on www.reierparts.com and
all of its subdomains.
1.3. Customer: the natural person or corporation who enters into an agreement
with ReierParts and/or is registered on the Website.
1.4. Agreement: any arrangement or agreement between ReierParts and
Customer of which the General Terms and Conditions are an integral part.
1.5. General Terms and Conditions: these General Terms and Conditions.
Article 2. Applicability of the General Terms and Conditions
2.1. The General Terms and Conditions apply to all offers, agreements and
deliveries of ReierParts, unless explicitly agreed otherwise in writing.
2.2. If Customer in his order, confirmation or any other communication alleging
acceptance of the General Terms and Provisions includes any provisions that
differ from, or are not included in the General Terms and Conditions, such
provisions will only be binding upon ReierParts if and in so far as ReierParts
has accepted them in writing.
2.3. In cases where specific product or service-related terms and conditions apply
in addition to these general terms and conditions, Customer can always
invoke the applicable condition that is most favorable to him in the event of
incompatible general terms and conditions.
Article 3. Prices and information
3.1. All prices posted on the Website and in other materials originating from
ReierParts include taxes and other levies imposed by the government, unless
stated otherwise on the website.
3.2. If shipping costs are charged, these will be clearly stated in good time before
the contract is concluded. These costs will also be displayed separately in the
ordering process.
3.3. The content of the Website is composed with the greatest care. ReierParts
cannot, however, guarantee that all information on the Website is correct
and complete at all times. All prices and other information posted on the
Website and in other materials originating from ReierParts are subject to
obvious programming and typing errors.
3.4. ReierParts cannot be held responsible for deviations in colour that result from
the quality of the colours displayed on the screen.
Article 4. Conclusion of the Agreement
4.1. The Agreement will be deemed to be concluded at the moment Customer
accepts the offer of ReierParts subject to the conditions laid down by
ReierParts.
4.2. If Customer has accepted the offer by electronic means, ReierParts will
confirm receipt of acceptance of the offer by electronic means without delay.
Until such receipt of acceptance is confirmed, Customer will have the
possibility to terminate the Agreement.
4.3. If it is found that, in accepting or otherwise entering into the Agreement,
Customerhas provided incorrect data, ReierParts will have the right to
postpone the Agreement until the correct data is received.
Article 5. Registration
5.1. To make optimal use of the Website, Consumer can register using the
registration form/the account sign-in option on the Website.
5.2. During the registration process, Consumer will be asked to choose a user
name and password with which he can log on to the Website. Consumer
alone is responsible for choosing a sufficiently reliable password.
5.3. Consumer must keep its login credentials, user name and password strictly
confidential. ReierParts cannot be held liable for any misuse of the login
credentials and is always entitled to assume that Consumer who logs on to
the Website is the party that it professes to be. Consumer is responsible for
and bears the full risk of any and all actions and transactions performed via
Consumer’s account.
5.4. If Consumer knows or has reason to suspect that its login details have
become available to unauthorised parties, it will be required to change its
password as soon as possible and/or to notify ReierParts accordingly so as to
allow ReierParts to take appropriate measures.
Article 6. Execution of the Agreement
6.1. As soon as ReierParts has received the order, it will send the products to
Consumer without delay and with due regard for the provisions of paragraph
3 of this article.
6.2. ReierParts is authorised to engage third parties in the fulfilment of its
obligations under the Agreement.
6.3. Well ahead of the date on which the Agreement is signed, information will be
posted on the Website which clearly describes the manner in which and the
term within which the products will be delivered. If no delivery term has been
agreed or stated, the products will be delivered within 30 days at the latest.
6.4. If ReierParts is unable to deliver the products within the agreed term, it will
notify Consumer accordingly. In that case Consumer can decide either to
agree to a new delivery date or to terminate the Agreement without incurring
any costs.
6.5. ReierParts advises Consumer to inspect the products upon delivery and to
report any defects within an appropriate period, preferably in writing or by
email. For further details, see the article about guarantee and conformity.
6.6. The risks associated with the products will transfer to Consumer as soon as
the products are delivered at the agreed delivery address.
6.7. If the ordered product can no longer be supplied, ReierParts is entitled to
deliver a product which is comparable in nature and quality to the ordered
product. In that case, Consumer will have the right to terminate the
Agreement without incurring any costs and to return the product free of
charge.
Article 7. Right of withdrawal/return
7.1. This article only applies if Consumer is a natural person who is not acting in
his or her professional or commercial capacity. Business Consumers therefore
have no right of withdrawal.
7.2. Consumer will have the right to dissolve the distance Agreement with
ReierParts within 14 days after receiving the product, free of charge and
without stating reasons.
7.3. The term commences on the day after the product was received by the
consumer, or a third party designated by the consumer, who is not the
transporting party, or:
– if the delivery of a product involves different deliveries or parts: the day
on which Consumer, or a third party designated by Consumer, received
the last delivery or the last part;
– with contracts for the regular delivery of products during a given period:
the day on which Consumer, or a third party designated by Consumer,
received the last product;
– if Consumer has ordered several products: the day on which Consumer,
or a third party designated by Consumer, received the last product.
7.4. Only the direct costs incurred for the return shipment are for Consumer’s
account. This means that Consumer will have to pay the costs of returning the
product. Any shipping costs paid by Consumer and the purchase price paid for
the product will be refunded to Consumer if the entire order is returned.
7.5. During the withdrawal period referred to in paragraph 1, Consumer will treat
the product and its packaging with the utmost care. Consumer may not open
the packaging or use the product unless this is necessary in order to
determine the nature of the products, their features and their operation.
7.6. Consumer is only liable for the product’s devaluation that is a consequence of
his handling the product other than as permitted.
7.7. Consumer can terminate the Agreement in accordance with paragraph 1 of
this article by reporting the withdrawal (digital or in other form) to ReierParts,
within the withdrawal period, by means of the model form for right of
withdrawal or in some other unequivocal way. If ReierParts makes it possible
for Consumer to declare his withdrawal via electronic/digital means, then
after receiving such a declaration, ReierParts sends immediate confirmation
of receipt.
7.8. As quickly as possible, but no later than 14 days after the day of reporting as
referred to in paragraph 1, Consumer shall return the product, or hand it over
to (a representative of) ReierParts. Consumer can send the product directly to
ReierParts without a notice of withdrawal in advance within the period as
mentioned in paragraph 1. Consumer must, in this case, include a written
notice of withdrawal, such as the model form.
Products can be returned to the following address:
ReierParts
Uilenstede 49
1183AB, Amstelveen
7.9. Any amounts already paid by Consumer (in advance) will be refunded to
Consumer as soon as possible, and in any case within 14 days after dissolution
of the Agreement. If Consumer chose an expensive method of delivery in
preference to the cheapest standard delivery, ReierParts does not have to
refund the additional costs of the more expensive method. Except in cases in
which ReierParts has offered to retrieve the product himself, he can postpone
refunding until he has received the product or until Consumer proves he has
returned the product, depending on which occurs earlier.
7.10. Information about the applicability or non-applicability of a right of
withdrawal and any required procedure will be posted clearly on the Website,
well before the Agreement is concluded.
Article 8. Right of withdrawal for Business Customers
8.1. The previous article on the right of withdrawal shall correspondingly apply to
business orders, except that:
– Business Customer must dissolve the Agreement with ReierParts within
14 days after receipt of the product.
– after receipt of the return by ReierParts, only the purchase price will be
refunded to Business Customer. Customer is responsible for returning
the products and bears the costs in respect thereof.
– Business Customer must return the product to ReierParts unused and in
undamaged packaging. If Business Customer does not comply with the
foregoing, ReierParts is entitled to refuse a return or may charge the
expenses for repair or damages.
– as soon as possible, but in any event within 30 days after dissolution of
the Agreement and receipt of returns by ReierParts, any (advance)
payments made by Business Customer will be refunded.
Article 9. Payment
9.1. Customer shall pay the amounts due to ReierParts in accordance with the
ordering procedure and any payment methods indicated on the Website.
ReierParts is free to offer any payment method of its choice and may change
these methods at any time. In cases of payment after delivery Customer will
be given a term of payment of 14 days entering on the day after delivery.
9.2. If Customer does not complete his payment obligation, he will be indebted
the legal interest over the belated payment. ReierParts needs to remind
Customer of the belated payment and ReierParts has to give Customer a term
of 14 days to complete the payment obligation. After failing this 14 days term
ReierParts is allowed to recover any extrajudicial debt collection costs on
Customer. These debt collection costs are not higher than: 15% of the open
payment with a maximum of € 2.500,-; 10% of the next € 2.500,- and 5% over
the next € 5.000,- with a minimum of € 40,-. ReierParts is allowed to deviate
from the named amounts and percentages in the advantages of Customer.
Article 10. Warranty and conformity
10.1. This article only applies if Consumer is a natural person who is not acting in
his or her professional or commercial capacity. If ReierParts gives a separate
warranty on the products then, without prejudice to the aforesaid, this
applies to all types of Consumers.
10.2. ReierParts guarantees that the products are in conformity with the
Agreement, the specifications stated in the offer, the reasonable
requirements of reliability and/or usability and with the existing statutory
provisions and/or government regulations that are in force from the date of
entering into the Agreement. If specifically agreed, ReierParts also guarantees
that the product is suitable for other than normal use.
10.3. If the delivered product is not in conformity with the Agreement, Consumer
must inform ReierParts within a reasonable period of time after he has
discovered the defect.
10.4. If ReierParts deems the complaint to be correct, the faulty product(s) will be
repaired, replaced or refunded in consultation with Consumer. The maximum
amount of compensation is, having regard to the Article on liability, equal to
the price paid by Consumer for the product.
Article 11. Warranty on business purchases
11.1. ReierParts guarantees that the products are in conformity with the
Agreement, the specifications stated in the offer, the reasonable
requirements of reliability and/or usability and with the existing statutory
provisions and/or government regulations that are in force from the date of
entering into the Agreement. If specifically agreed, ReierParts also guarantees
that the product is suitable for other than normal use. Otherwise, it applies
that the product is suitable for normal use.
11.2. If the delivered product is not in conformity with the Agreement, Customer
must inform ReierParts within a maximum period of 30 days after delivery.
Should the Customer fail to do so, then the Business Consumer is no longer
entitled to have the product repaired, replaced or (partially) refunded.
11.3. If ReierParts deems the complaint to be correct, the faulty product(s) will be
repaired, replaced or (partially) refunded in consultation with the Customer.
Article 12. Complaints handling procedure
12.1. If Customer has any grievances in connection with a product (in accordance
with the article on warranties and conformity) and/or about other aspects of
ReierParts’s service, it can submit a complaint by telephone, by email or by
post. See the contact details at the bottom of the General Terms and
Conditions.
12.2. ReierParts will respond to the complaint as soon as possible, and in any case
within 5 days after having received it. If it is not yet possible for ReierParts to
formulate a substantive reaction to the complaint by that time, ReierParts will
confirm receipt of the complaint within 5 days after having received it and
give an indication of the term within which it expects to be able to give a
substantive or definitive reaction to Customer’s complaint.
12.3. If Customer is a natural person who is not acting in his or her professional or
commercial capacity, it can file a complaint through the European Online
Dispute Resolution platform, available at: http://ec.europa.eu/odr/.
Article 13. Liability
13.1. This Article only applies if Consumer is a natural person or a legal entity who
is acting in a professional or commercial capacity.
13.2. The total liability of ReierParts in respect of Consumer due to an attributable
failure to perform the Agreement is limited to compensation not exceeding
the price stipulated for that particular Agreement (including VAT).
13.3. The liability of ReierParts in respect of Consumer for indirect damage or loss,
which in any case includes – but is explicitly not limited to – consequential
damage, lost profit, lost savings, loss of data and damage due to business
interruption, is excluded.
13.4. Aside from the cases referred to in the two previous paragraphs of this
Article, ReierParts is not subject to any liability at all in respect of Consumer
for damages, irrespective of the ground on which the action for damages is
based. The restrictions set out in this Article, will, however, cease to apply if
and insofar as the damage or loss is the result of an intentional act or gross
negligence on the part of ReierParts.
13.5. ReierParts will only be liable to Consumer on account of an attributable
failure in the performance of an agreement if Consumer issues a proper
notice of default to ReierParts without delay stipulating a reasonable period
of time in which to remedy the failure, and ReierParts also continues to fail to
perform its obligations after that period. The notice of default must contain a
description of the failure in as much detail as possible to enable ReierParts to
provide an adequate response.
13.6. Any event giving right to compensation is always subject to the condition that
Consumer reports the damage or loss in writing to ReierParts as soon as
possible, but no later than within 30 days after the damage or loss has arisen.
13.7. In the event of force majeure ReierParts is not liable to pay compensation for
any damage or loss Consumer has incurred as a result.
Article 14. Retention of title
14.1. As long as Business Consumer has not made any full payment on the total
amount agreed ReierParts will retain ownership of all the goods delivered
(including possible debt collection costs and interest).
14.2. Before the transfer of ownership, Business Consumer is not authorized to,
other than corresponding to his normal company and normal destination of
the goods, sell, deliver or any other way of misappropriation. Furthermore,
Business Consumer is not allowed to pawn the goods or to give any rights
regarding the goods to third parties as long as the transfer of ownership has
not been completed.
14.3. Business Consumer is obliged to keep any goods that are delivered under
reservation of ownership with care and recognizable as property of
ReierParts.
14.4. ReierParts is entitled to withdraw any goods delivered under reservation of
ownership and in the possession of Business Consumer, if Business Consumer
has neglected to pay the invoices or has been confronted with payment
difficulties.
14.5. Business Consumer shall give ReierParts access to his goods at any time to
inspect and/or to exercise the rights of ReierParts
Contact details
Should you have any questions, complaints or comments after reading these General Terms
and Conditions, please contact us by email or letter.
ReierParts
Uilenstede 49
1183AB, Amstelveen
Tel.: +31623805498
Email: info@reierparts.com
Chamber of Commerce: 81412665
VAT: NL03555759B94