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General Terms and Conditions - https://cmc-parts.be/nl/

 

General terms and conditions of CMC-parts, located at armveldweg 2, 1701 Itterbeek. ( Belgium ). VAT: BE 0864.883.078

Version valid from 12/09/2011

General

These general terms and conditions apply to all offers of CMC-parts. The conditions are accessible to everyone and included on the internet site of CMC-parts. On request we will send you a written copy.

By placing an order you indicate that you agree with the delivery and payment terms. CMC-parts reserves the right to change its delivery and / or payment terms after the expiration of the term, to change.

Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by CMC-parts.

CMC-parts guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.

Delivery

Delivery takes place while supplies last.

Under the rules of distance selling, CMC-parts will execute orders at least within 30 days. If this is not possible (because the order is not in stock or no longer available), or there is a delay for other reasons, or an order can not or only partially be performed, then the consumer receives within 1 month after placing the order message and in that case he has the right to cancel the order without cost and notice.

The delivery obligation of CMC-parts will, subject to proof to the contrary, be fulfilled once the goods delivered by CMC-parts once offered to the buyer. In case of home delivery, the carrier's report containing the refusal of acceptance will serve as full proof of the offer of delivery.

All terms mentioned on the internet site are indicative. No rights can therefore be derived from the periods mentioned.

Shipping costs free above 200 euros, valid only for Belgium, the Netherlands and Luxenburg.

Prices

Prices are not increased within the term of the offer, unless legal measures make it necessary or if the manufacturer / supplier interim price increases.

All prices on the site are subject to printing errors. No liability is accepted for the consequences of errors.

All prices on the site are in EURO and include 21% VAT.

Sight period / right of withdrawal

If there is a consumer sale, in accordance with the Distance Selling Act (art.7:5 BW), the customer has the right to return the delivered goods within a period of 7 working days without giving any reason. This period begins when the goods ordered have been delivered. If the buyer has not returned the delivered goods to CMC-parts after this period, the sale is a fact. The buyer is required, before proceeding to ship, to notify CMC-parts in writing within 7 working days after delivery. The buyer must prove that the delivered goods have been returned in time, e.g. by means of a proof of postal delivery. Return of the goods must be in the original packaging ( including accessories and accompanying documentation ) and in new condition. If the goods have been used by the buyer, encumbered or damaged in any way, the right to rescission within the meaning of this paragraph expires. Subject to what is provided in the preceding sentence, CMC-parts will ensure that within 30 days after receipt of the return, the full purchase price including the calculated shipping costs will be refunded to the buyer. The return of the delivered goods is entirely at the expense and risk of the buyer.

The right of dissolution, as described in the previous paragraph, only relates to the goods delivered and will in no case relate to services.

Privacy policy

If you place an order with CMC-parts, your data will be included in the customer base of CMC-parts. CMC-parts abides by the Data Protection Act and will not provide your information to third parties.

CMC-parts respects the privacy of the users of the Internet site and ensures confidential treatment of your personal information.

CMC-parts sometimes uses a mailing list. Each mailing contains instructions on how to remove yourself from this list.

Warranty

CMC-parts guarantees that the goods it delivers meet the requirements of usability,reliability and longevity as they are reasonably intended by the parties to the purchase agreement, and thus stands in for the factory warranty of the product delivered to you.

The warranty period of CMC-parts corresponds to the factory warranty period. CMC-parts is never responsible for the final suitability of the goods for each individual application by the buyer, nor for any advice regarding the use or application of the goods.

The customer is obliged to check the goods immediately upon receipt. If it turns out that the delivered goods are wrong, faulty or incomplete, the buyer should ( before proceeding to return them to CMC-parts ) report these defects immediately in writing to CMC-parts. Any defects or incorrectly delivered goods should and can be reported in writing to CMC-parts no later than 1 month after delivery. Return of the goods must be in the original packaging ( including accessories and accompanying documentation ) and in new condition. Use after the discovery of defects, damage occurring after the discovery of defects, encumbrance and / or resale after the discovery of defects, makes this right to complain and return completely void.

If complaints by the buyer are deemed founded by CMC-parts, CMC-parts will, at its option, either replace the delivered goods free of charge or make a written arrangement with the buyer about compensation, on the understanding that the liability of CMC-parts and therefore the amount of compensation is always limited to a maximum of the invoice amount of the goods in question, or (at the option of CMC-parts) to the maximum amount covered by the liability insurance of CMC-parts. Any liability of CMC-parts for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect or consequential damages or damages for lost profits.

CMC-parts is not liable for damage caused by intent or equivalent deliberate recklessness of non-managerial personnel.

This warranty does not apply if; A) and as long as the buyer is in default to CMC-parts; B) the buyer has repaired and / or processed the delivered goods himself or has had them repaired and / or processed by third parties; C) the delivered goods have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of CMC-parts and / or instructions for use on / or in the packaging; D) the defectiveness is wholly or partially the result of regulations which the government has made or will make regarding the nature or quality of the materials used.

Offers

Offers are without obligation, unless otherwise stated in the offer.

Upon acceptance of a non-binding offer by the buyer, CMC-parts reserves the right to revoke or depart from the offer within a period of 3 working days after receipt of that acceptance.

Verbal commitments are binding on CMC-parts only after they have been explicitly confirmed in writing.

Offers from CMC-parts do not automatically apply to repeat orders.

CMC-parts cannot be held to its offer if the customer should have understood that the offer, or any part thereof, contains an obvious mistake or error.

Additions, modifications and/or further agreements are only valid if agreed upon in writing.

Agreement

An agreement between CMC-parts and a customer is established after an order has been assessed for feasibility by CMC-parts.

CMC-parts reserves the right, without giving any reason not to accept orders or commissions or only under the condition that the shipment is made cash on delivery (prior confirmation of presence of the customer required for receipt of the goods) or after advance payment.

Images and specifications

All images, photographs, drawings, etc. including data on weights, dimensions, colors, images of labels, etc. on the internet site of CMC-parts are only approximate, are indicative and can not lead to compensation or dissolution of the agreement.

Force majeure

CMC-parts is not liable if and insofar as its commitments cannot be fulfilled due to force majeure.

Force majeure means any strange cause, as well as any circumstance, which in all reasonableness should not come at its risk. Delay at or failure to perform by our suppliers, malfunctions in the Internet, power failures, malfunctions in e-mail traffic and malfunctions in technology provided by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and / or manufacturers of CMC-parts and / or helpers, sickness of staff, defects in auxiliary or transport equipment are expressly regarded as force majeure.

CMC-parts reserves the right to suspend its obligations in the event of force majeure and is also entitled to terminate the agreement in whole or in part, or to claim that the content of the agreement is changed in such a way that execution remains possible. In no case is CMC-parts obliged to pay any penalty or compensation.

If at the start of the force majeure CMC-parts has already partially fulfilled its obligations, or can only partially fulfill its obligations, it has the right to invoice the already delivered or the deliverable part separately and the buyer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the part already delivered and/or deliverable part has no independent value.

Liability

CMC-parts is not liable for damage to vehicles or other objects caused by improper use of the products. Before use, please read the instructions on / or in the packaging and / or consult our Internet site or contact us.

Retention of title

Ownership of all goods sold and delivered by CMC-parts to the buyer remains with CMC-parts as long as the buyer has not paid the claims of CMC-parts under the agreement or previous or subsequent similar agreements, as long as the customer has not paid the work performed or to be performed under these or similar agreements and as long as the customer has not paid the claims of CMC-parts for failure to fulfill such obligations, including claims in respect of penalties, interest and costs, as referred to in art. 3:92 BW.

The goods delivered by CMC-parts which are subject to retention of title may only be sold on within the framework of normal business activities and may never be used as a means of payment.

The customer is not authorized to pledge or otherwise encumber the goods falling under the retention of title.

The customer now gives unconditional and irrevocable permission to CMC-parts or a third party appointed by CMC-parts, in all cases where CMC-parts wants to exercise its right of ownership, to enter all those places where its property will be located and to take the goods there.

If third parties seize goods delivered under retention of title or wish to establish or exercise rights to them, the buyer is obliged to inform CMC-parts as soon as can reasonably be expected.

The buyer undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection to CMC-parts on demand.

Applicable law / competent commercial court

Dutch law applies to all agreements.

Disputes arising from an agreement between CMC-parts and the buyer, which cannot be resolved by mutual agreement, will be dealt with by the competent court within the district of Brussels, unless CMC-parts prefers to submit the dispute to the competent court of the buyer's domicile, and with the exception of those disputes which belong to the competence of the justice of the peace.

International buyers - please note:

Import duties, local sales taxes and surcharges are not included in the item price or shipping charges. These charges are the responsibility of the buyer.
Please check with your country's customs office to determine what these additional costs are before purchasing.