Terms and conditions

1. Applicability

1. On all offers, orders and agreement from R&D Carparts are, with exclusion of eventual other terms and conditions, these Terms and conditions applicable. If requested, these terms and conditions will be sent to you via e-mail.

2. The acceptance of an offer, placing an order, includes your acceptance of the applicability of these terms and conditions.

3. It is only possible to differ from these terms and conditions written, although all other provisions from these terms and conditions will remain the same.

4. All rights and claims, as in these terms and conditions and any further agreements made with R&D Carparts, are also stipulated for by R&D Carparts intermediaries and other third parties.

2. Agreement

1. An agreement is only concluded after acceptance of your order by R&D Carparts. She is in power to refuse orders, and/or apply (extended) terms and conditions to this order, unless explicitly stated otherwise. In the case of a not accepted order, R&D Carparts will inform you about this in five (5) working days after the order has been received.

3. Prices/offers

1. All offers from R&D Carparts are non-binding and R&D Carparts reserves the right to adjust her prices, especially, but not exclusively, where according to (legal) agreements.

2. All prices are listed in Euro’s and excluding shipping- and handling costs. New parts are listed without Dutch tax, BTW. Used parts are listed as a non-BTW item, because there is no BTW applicable. All shipping and handling costs are separately shown before the customer confirms the order.

4. Force majeure

May there be a case of force majeure and therefore delivery is not possible, R&D Carparts has to inform the customer as soon as possible by phone with a written confirmation, without the possibility for the customer to be entitled to any form of any compensation. Therefore the customer is obliged to provide the correct address and phone number by an order.

R&D Carparts can in case of force majeure (after contacting the customer) cancel the agreement or postpone the delivery, until the point of time where the force majeure stops to obstruct R&D Carparts. The following cases can be considered as force majeure: late or qualitative unacceptable deliveries from one or more suppliers, obstructing (government) regulations, full or partial strikes or interference in the in- or external transportation process, riots and other disturbances that can extend the transportation process, disturbances on the Internet, email, computers and or phone/internet connections that orders placed online stagnate and or extreme weather conditions or other circumstances that contribute to an unreachable work location, or unusable work location.

5. Delivery

1. The delivery is always deemed to be made on behalf of R&D Carparts, unless otherwise provised. The transport to the address of the beneficiary is on the beneficiary’s expense and risk.

2. The way of transport and method of carrying out the order is always chosen to the best possible solution. R&D Carparts won’t be responsible for the choice, unless the beneficiary can prove that R&D Carparts intentionally made mistakes.

3. Agreed delivery times are respected as much as possible, although if estimated delivery times are exceeded R&D Carparts is not legally responsible and it does not qualify as a reason to cancel the order.

4. R&D Carparts reserves the right to refuse to carry out orders in case of customers still having unpaid bills within the mentioned payment period.

5. R&D Carparts is not liable in any case for any damage to the customer due to not supplying.

6. When it seems that the order has returned to R&D Carparts because the customer, for example when the customer has been discharged from hospital or is on holiday or has moved, is not entitled to a new delivery at a new address, or cancelling the order. R&D Carparts is not responsible for possible incorrect address details given by the customer. Your order will be carried out according to your request, you have to be assured that the address is correct.

7. Customer agrees that, in case the beneficiary is not at home, or not opening his door to receive the order, the order, if possible, could be delivered to one of the neighbours.

8. Delay from 1 or more days in the delivery process because the beneficiary is not at home does not entitle the customer to cancel the order or the entitlement to a new product and or delivery.

9. In case that the customer is not at home the courier could leave a written request to contact the courier for a new delivery. In case the customer does not reply to the written request of the courier, the courier can decide to return the order to R&D Carparts after a few days. This does not entitle the customer to cancel the order or the entitlement to a new product and or delivery.

10. The product can differ from the picture shown on our website. This does not entitle the customer to cancel the order or demand a new copy. R&D Carparts will try her best to let the product resemble the product on the picture. To deviations no rights can be derived by the customer.

6. Payment

1. You can pay with the following methods on R&D Carparts’ website:

• iDeal

• Multisafepay

• Creditcard

1. In case R&D Carparts set payment period is exceeded by a customer, the customer is considered to be in a legal case and this entitles R&D Carparts to charge the legal interest rate to the customer from the moment the customer is exceeding R&D Carparts’ payment period.

2. All payments have to be without any deduction or setoff, except in a case of bankruptcy, or/and giving suspension of payment to the customer, will be directly listed on our website, or by transferring the amount to R&D Carparts’ bank-account.

3. In case of not, or delayed, paying the set amount from the customer to R&D Carparts, the customer will pay every cost made, including non-legal as all legal costs involved for R&D Carparts with collecting the set amount from the customer. This includes all (extra) administration costs and all collection costs.

7. Property

1. All delivered products to the customer remain property of R&D Carparts until the products are fully paid and delivered.

8. Complaints

1. The delivered products are supposed to meet the valid quality conditions, decided upon by R&D Carparts.

2. Complaints regarding visible defects of the delivered products have to be immediately after, or within 24 hours of receiving, reported to R&D Carparts via phone or email.

3. Complaints with regards to the quality have to reported to R&D Carparts within 4 days after delivery.

4. Complaints with regards to the delivery of the products have to be reported to R&D Carparts within 48 hours after the original delivery date.

5. May there be defects to a part of the delivered goods, this does not entitle the customer to disapprove the complete delivery.

6. Complaints with regards to a particular delivery does not affect any prior or posterior delivery.

9. Cancellations

1. Deliveries within the Netherlands can be cancelled up to 48 hours before delivery.

2. The cost of cancelling an order costs 10% of the total order amount, with a minimum of € 5,00 (five). R&D Carparts will take care of repayments, made to be within 21 days after the original order date. R&D Carparts is entitled to minus the cancellation costs on the original order amount.

3. Exceptions are made for businesses buying on credit. These can cancel any order within the set period without any cost.

10. Applicable right

1. On all agreements where these terms and conditions are applicable, fully or partly, the Dutch law is applicable.

2. In all cases where these terms and conditions do not foresee, the Dutch law is applicable.

3. In case and if any part or any provision of these terms and conditions are conflicting with any other terms, conditions or provisions from national or international law, that term, condition, provision will not stand. These terms and conditions will be liable and these terms and conditions will be remain for both parties.

4. All disputes (also disputes that only are connotated as such by one party) with regards to or arising from the between R&D Carparts and a foreign based customer agreed contract where these terms and conditions are applicable, can be judged by a Dutch judge who is qualified to judge within the jurisdiction where R&D Carparts is based.

11. Personal data

1. Your data is needed to deal with your orders and your enquiries. We will not transmit your data to third parties.

2. R&D Carparts is entitled to use all your data to send you non-committal offers, or information about products related to your previous order or enquiry. If you do not wish to receive this, R&D Carparts has to be notified and will exclude you from any further promotions.

12. Miscellaneous

1. In case one or more of these terms and conditions or any other contract/agreement with R&D Carparts could be conflicting with any applicable law, the particular term or condition will expire and R&D Carparts will set a new condition.

2. R&D Carparts is entitled to make use of third parties for processing your order.

3. The administration of R&D Carparts qualifies as full proof of the existence, the content and the execution of the agreement with the customer in a possible juridical procedure, until the other party proofs R&D Carparts wrong.

4. Electronic parts can not be returned.