Bedingungen und Konditionen

Bedingungen und Konditionen Frank! MXParts


 
Table of contents
 
1 Definitions
2 Applicability
3 Offers and agreements
4 Pricing and payments
5 Transportation
6 Delivery and delivery times
7 Returns and warranty
8 Personal information
9 Ownership retention
10 Liability and indemnification
11 Force Majeure
12 Intellectual and industrial property rights
13 Governing Law
14 Communication with Frank! MXParts
 
1 Definitions
1.1 Frank! MXParts: Frank! MXParts, Oude Boekeloseweg 7b, 7553 DS Hengelo, the Netherlands; email address info@frankmxparts.com, Chamber of Commerce number 08205253, VAT-number NL144200703.B01.
1.2 www.frankmxparts.nl, www.frankmxparts.com, www.frankmxparts.eu and www.webshopfrankmxparts.com (hereafter named 'the website') are part of Frank! MXParts.
1.3 Customer: Any natural person or legal person who purchases products and/or services from Frank! MXParts.
1.4 Agreement: the agreement between Frank! MXParts and the customer, of which these terms and conditions are part of.
1.5 Conditions: these terms and conditions from Frank! MXParts.
1.6 In these terms and conditions 'written' may also indicate a digital message.
2 Applicability
2.1 These terms and conditions apply to all orders, offers and agreements, which are realized via email, via the website or orally. Whenever any form of this agreement is realized, the customer accepts these terms and conditions.
2.2 In exceptional cases and by written permission from Frank! MXParts only, deviation from these terms and conditions could be possible.
2.3 Frank! MXParts reserves the right to change the content of the website and the terms and conditions at all times.
3 Offers and agreements
3.1 Offers are subject to availability. Price changes are always reserved. Special offers or discounted items cannot be returned or exchanged. Frank! MXParts reserves the right to terminate listings without due notice.
3.2 By definition there is only an agreement after acceptance of the order by Frank! MXParts.
3.3 Frank! MXParts reserves the right to not accept orders, without reason. In case the order is not accepted, Frank! MXParts will inform the customer within 3 business days.
3.4 Frank! MXParts cannot guarantee the accuracy of the information on the website.
3.5 The items on the website are described and illustrated with utmost care. A slight deviation from the description and illustration is, however, possible. Customers cannot derive any rights from this.
4 Pricing and payments
4.1 All prices used by Frank! MXParts are expressed in Euros, including VAT and excluding postage.
4.2 All prices used by Frank! MXParts are indicative only. Frank! MXParts reserves the right to change the prices at all times. During the term of the agreement (being from order to delivery) there will never be a price change, unless it is a consequence of legislative provisions and/or regulations. At every price change the customer has the right to terminate the agreement free of charge.
4.3 All orders are processed and delivered by TNT, unless otherwise agreed. Shipping costs depend on the nature and weight of the goods and on the chosen delivery method. The exact shipping costs are clearly defined in the product description.
4.4 Upon payment, the customer has a choice of payment in advance, cash on delivery and payment afterwards.
4.4.1 When paying in advance, the customer has a choice of payment by bank transfer, payment by iDeal, payment by PayPal or payment by credit card.
4.4.1.1 When paying by bank transfer, the customer transfers the money to IBAN NL15INGB0004244761, BIC INGBNL2A in the name of 'Frank MXParts', indicating the invoice number.
4.4.1.2 When paying by iDeal, PayPal or credit card, the payment goes through the secure payment system on the website.
4.4.2 When paying by cash on delivery, the money is paid to the courier.
4.4.3 Payment afterwards is only possible after written consultation with Frank! MXParts.
5 Transportation
5.1 Frank! MXParts uses TNT as external party for the delivery of products, unless otherwise agreed or required.
5.2 Frank! MXParts ships worldwide. For delivery outside the Netherlands, the customer bears the transportation risks.
5.3 Transportation damage must be reported to Frank! MXParts within 24 hours after delivery of the products.
6 Delivery and delivery time
6.1 Shipping takes place within 1 business day after payment, subject to availability and unless otherwise communicated.
6.2 Delivery takes place at the address provided by the customer during the conclusion of the agreement.
6.3 After shipment, the customer is updated on the new order status.
6.4 When the customer orders a product which is temporarily unavailable, Frank! MXParts will inform the customer about the expected availability date. In case the new availability date does not match the customer's expectations, the customer can cancel the order free of charge. This can be done written or orally.
6.5 The by Frank! MXParts used delivery times are for indicative purposes only, and are not legally binding.
7 Returns and warranty
7.1 Products can be returned within 7 days after delivery, after which the agreement with Frank! MXParts can be dissolved.
7.2 In case the customer wants to dissolve the agreement with Frank! MXParts, Frank! MXParts has to be informed written or orally. The goods can be returned only if still in their original condition. The customer bears the risk and costs of the return shipment.
7.3 The money paid by the customer minus the shipping costs will be credited within 7 working days after receipt of the package by Frank! MXParts.
7.4 Frank! MXParts reserves the right to refuse returned products or to only credit part of the amount paid by the customer, when the returned product is not in original condition, while there is suspicion the product has been used by the customer or has been damaged through the customer's fault.
7.5 In case a returned product, to the opinion of Frank! MXParts, has been damaged by act or negligence of the customer or when the damage is otherwise attributable to the risk of the customer, Frank! MXParts will inform the customer written or orally. Frank! MXParts reserves the right to deduct the product's depreciation caused by the damage from the money to be credited.
7.6 In case the delivered products do not meet the agreement, Frank! MXParts has the option to replace the products or credit the money paid by the customer (including shipping costs), provided the products have been returned.
7.7 There is no warranty on used parts.
8 Personal information
8.1 Personal customer information will be stored in a database, to be able to comply with the agreement between Frank! MXParts and the customer, and to be able to make personal offers. This information will never be provided to third parties.
8.2 Only the personal information entered by the customer during the ordering process, is stored, excluding payment details. Payment details are never stored.
8.3 The customer may request his/her personal information, as known to Frank! MXParts, at all times. This must be done in writing.
8.4 The personal information entered by the customer during the ordering process is transferred via a secure SSL-connection.
9 Ownership retention
9.1 The ownership of the products is transferred to the customer after the payments due have been paid. The risks in respect to the products are transferred to the customer upon delivery of the products. Delivery takes place when the products are delivered at the address provided by the customer during the ordering process.
10 Liability and indemnification
10.1 The presence of a defect does not give the customer the right to suspend or set off its payment obligations.
10.2 The total liability of Frank! MXParts or of members of the staff of Frank! MXParts, for a breach of the obligation to deliver products and/or services, is limited to compensation for direct loss of up to an amount equal to the price agreed for the products and/or services of that part of the agreement from which liability arises.
10.3 Frank! MXParts cannot be held liable for indirect damages, including consequential damages, lost profits, lost savings, losses due to business interruption and any other damages than those provided in article 10.2.
10.4 The products and services offered by Frank! MXParts are put together carefully and to the best of their knowledge. Frank! MXParts cannot guarantee however the accuracy or completeness of these products and services. Frank! MXParts cannot be held liable for customer or third party losses, of whatever nature, arising from the use of products or services of Frank! MXParts or arising from acts or omissions based on obtained information out of products or services of Frank! MXParts. The customer is strongly advised to rely on his/her own professional knowledge and experience and to not use the products and services of Frank! MXParts if he/she does not have enough professional knowledge on the use of products and interpretation of information obtained by using these products and services.
11 Force Majeure
11.1 Notwithstanding other to Frank! MXParts belonging rights, in cases of force majeure Frank! MXParts has the right to suspend the execution of the order, or rescind the agreement without legal mediation, by a written notice, and without the obligation to pay for any compensation.
11.2 Force majeure stands for any shortcoming in the execution of the agreement which is not attributable to Frank! MXParts, because the shortcoming is not due to a mistake by Frank! MXParts and Frank! MXParts is not accountable for it by law, legal act or generally accepted standards.
12 Intellectual and industrial property rights
12.1 The customer must fully and unconditionally respect all intellectual and industrial property rights attached to products delivered and/or made available by Frank! MXParts.
12.2 Without preceding written permission, no product delivered and/or made available by Frank! MXParts may be reproduced, stored in an automated database system, made public in any form or by any means, including electronic, mechanical, photocopying, recordings or any other means.
12.3 Frank! MXParts cannot guarantee that the delivered products and/or services do not infringe any (unwritten) third parties intellectual or industrial property rights and accepts no responsibility in this respect.
13 Governing Law
13.1 To all agreements concluded with Frank! MXParts, to which these conditions apply, only Dutch law applies.
14 Communication with Frank! MXParts
14.1 All communications with Frank! MXParts, including the handling of orders, and any complaints about acts or omissions of Frank! MXParts can be mailed to the address listed in Article 1.1 or to email address info@frankmxparts.com stating the name and address of the sender, (if applicable) the invoice number of the order, the message subject and if necessary a clear explanation.

 
A digital copy of these terms and conditions can be downloaded here (PDF). A written copy of these terms and conditions can be requested at all times, and will be sent within 3 working days.