Terms of service
ARTICLE 1 DEFINITIONS
In these terms and conditions the following terms shall have the following meanings:
1. Entrepreneur: MPRtruckparts BV, which offers products via its website,
located at (3125 BD) Schiedam at the address Fokkerstraat 475, telephone number 010-2036386, e-mail: info@mopartruckshop.nl, registered with the Chamber of Commerce, VAT number NL858041662B01;
2. Consumer: the natural person who does not act in the exercise of a profession or
business and who enters into a distance contract with the entrepreneur;
3. Non-consumer: the natural and/or legal person who acts in the exercise
of a profession or business and enters into a distance contract with the entrepreneur;
4. Buyer: the consumer and/or non-consumer;
5. Reflection period: the period within which the consumer can make use of his right of withdrawal;
6. Day: calendar day;
7. Durable medium: any instrument which enables the buyer or entrepreneur
to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information;
cancel the distance contract within the cooling-off period ;
9. Model form: the model withdrawal form
made available by the trader which a consumer can fill in when he wishes to exercise his right of withdrawal;
10. Distance contract: a contract concluded between the consumer within the framework of a
system for distance selling organised by the entrepreneur, whereby exclusive use is made of one or more techniques for distance communication up to and including the moment at which the contract is concluded;
11. Distance communication technology: means that can be used to
conclude an agreement without the buyer and the entrepreneur being in the same room at the same time;
12. General Terms and Conditions: these General Terms and Conditions of the
entrepreneur.
ARTICLE 2 GENERAL
1. These general terms and conditions apply to every offer from the entrepreneur
and to every distance contract and orders concluded between the entrepreneur and the buyer.
2. Before the distance contract is concluded, the text of these
general terms and conditions will be made available to the buyer. If this is not reasonably possible, the buyer will be informed before the distance contract is concluded that the general terms and conditions are available for inspection at the company and will be sent free of charge to the buyer as soon as possible upon request.
3. If the distance contract is concluded electronically, notwithstanding
the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may
be made available to the buyer electronically in such a way that the buyer can easily
store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, the buyer will be informed where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the buyer electronically or otherwise upon request.
4. If one or more provisions of these general terms and conditions
are at any time wholly or partially void or annulled, the remainder of these general terms and conditions will remain fully applicable. The entrepreneur and buyer will then consult with each other to agree on new provisions to replace the void or annulled provisions, whereby the purpose and intent of the original provisions will be observed as much as possible. If there is any ambiguity regarding the interpretation of one or more provisions of these general terms and conditions, the interpretation must be in accordance with the spirit of these provisions.
6. If a situation arises between the parties that
is not covered by these general terms and conditions, then this situation must be assessed in the spirit of these general terms and conditions.
ARTICLE 3 THE OFFER
1. If an offer has a limited period of validity or
is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding and expires if the product to which the offer
relates becomes unavailable in the meantime. The entrepreneur is entitled to modify and adjust the offer.
3. The offer contains a complete and accurate description of the
products offered. The description is sufficiently detailed to enable the buyer to properly assess the offer. If the entrepreneur uses images, these must be a true representation of the products offered.
4. The entrepreneur cannot be held to its offer if the buyer
could reasonably understand that the offer, or a part thereof, contains an obvious error or mistake.
5. All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
6. Product images are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
7. Each offer contains such information that it is clear to the buyer what rights and
obligations are attached to accepting the offer. This concerns in particular: - the price including taxes for consumers and the price excluding taxes for non-consumers; - the shipping costs; - the manner in which the agreement will be concluded and the actions required for this; - whether or not the right of withdrawal applies; - the method of payment, delivery and performance of the agreement; - whether the agreement will be archived after its conclusion, and if so, how this can be consulted by the buyer; - the manner in which the buyer can check the data provided by him/her in connection with the agreement and, if necessary, correct it before concluding the agreement;
ARTICLE 4 THE AGREEMENT
1. Subject to the provisions of paragraph 4, the agreement is concluded at the
time the buyer accepts the offer and meets the conditions set therein.
2. If the buyer has accepted the offer electronically, the
entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the buyer may terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate
technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment.
4. The entrepreneur may, within legal frameworks, investigate whether the buyer
can meet their payment obligations, as well as all the facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good reason not to enter into the contract, they are entitled to refuse an order or request with reasons or to impose special conditions on its execution.
5. The entrepreneur will send the following information to the consumer along with the product,
in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier: a. the visiting address of the entrepreneur's business location where the consumer can go with complaints; b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. information about guarantees and existing after-sales service; d. the information included in Article 3, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
6. Each agreement is entered into under the condition precedent of
sufficient availability of the relevant products.
ARTICLE 5 THE PRICE
1. During the validity period stated in the offer, the prices of the
products and services offered will not be increased. Nevertheless, the entrepreneur is entitled to increase the price at any time, without the buyer being entitled to terminate the agreement for that reason, if the price increase results from a power or obligation under law or regulations or is caused by an increase in the price of raw materials, wages, etc., or on other grounds that were not reasonably foreseeable when entering into the agreement.
2. Price increases within 3 months after the conclusion of the agreement are
only permitted if they are the result of statutory regulations or provisions.
3. All prices are subject to printing and typographical errors.
No liability is accepted for the consequences of printing and typographical errors. In the event of printing or typographical errors, the entrepreneur is not obligated to deliver the product at the incorrect price.
4. Price increases from 3 months after the conclusion of the agreement are
only permitted if the entrepreneur has stipulated this and: a. they are the result of statutory regulations or provisions; or b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
5. When a customer from the European Union purchases a product from an entrepreneur with his business account
, 0% VAT will be charged in connection with intra-Community supplies pursuant to Article 138 of the EU VAT Directive 2006/112/EC, to the extent that this can be invoked.
6. If the customer wishes to qualify for intra-Community deliveries, they must
provide the correct information before placing their order. After verification with VIES, the account will be converted to VAT-exempt purchases.
7. If a VAT transfer is requested after completing an order, an administration fee of €20 will be charged.
ARTICLE 6 CONFORMITY AND WARRANTY
1. The entrepreneur guarantees that the products comply with the agreement, the
specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement is concluded. The entrepreneur also guarantees that the product is suitable for normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect
the statutory rights and claims that the buyer can assert against the entrepreneur under the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within four weeks of
delivery. Products must be returned in their original packaging and in new condition.
4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the buyer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
- the buyer has repaired and/or modified the delivered products themselves and/or has had them repaired and/or modified by third parties;
- the delivered products have been exposed to abnormal conditions or
have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging; - the defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.
6. Returns containing parts for a warranty claim will be submitted to the supplier/manufacturer for warranty assessment. Once the supplier/manufacturer approves the warranty claim, it will be processed in accordance with the terms and conditions of delivery. A new product will be provided, or your purchase price will be credited.
7. Third-party costs, transportation costs, replacement transportation and/or lost turnover will not be reimbursed under the warranty.
ARTICLE 7 DELIVERY AND EXECUTION
1. The entrepreneur will take the greatest possible care when receiving
and executing orders for products.
2. The place of delivery shall be the address that the buyer has provided to the company
.
3. Subject to the provisions of paragraph 4 of this article, the
company will fulfill accepted orders expeditiously, but no later than within 30 days, unless the buyer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the buyer will be notified of this no later than 30 days after placing the order. In that case, the buyer has the right to terminate the agreement without charge. The buyer is not entitled to compensation.
4. All delivery times are indicative. The buyer cannot
derive any rights from any stated delivery times. Exceeding a delivery time does not entitle the buyer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the buyer as soon as possible, but no later than 14 days after dissolution.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the buyer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.
7. MPRTruckparts bv must be notified in writing within 24 hours of receipt of any missing or damaged products. Failure to report the damage in a timely manner will affect the reimbursement/replacement of missing or damaged products.
8. If the item is in stock and ordered before 3:30 PM, it will be offered to DHL the same day. If the item is not in stock, the delivery time will be discussed with the customer.
Only applicable to orders by consumers
ARTICLE 8 RIGHT OF WITHDRAWAL
1. The consumer can cancel a contract regarding the purchase of a
product within a cooling-off period of 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for cancellation, but is not obligated to state their reason(s).
2. The reflection period referred to in paragraph 1 commences on the day after the consumer, or a
third party designated by the consumer in advance, who is not the carrier, has received the product, or: a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided that he has clearly informed the consumer of this prior to the ordering process. b. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
3. During the cooling-off period, the consumer will handle the product and its
packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep it. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
4. If the consumer exercises his right of withdrawal, he will
return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
5. If the consumer wishes to exercise their right of withdrawal, they are
obliged to notify the entrepreneur of this within 14 days of receiving the product. The consumer must notify the entrepreneur using the model form or in another unambiguous manner. After the consumer has indicated that they wish to exercise their right of withdrawal, they must return the product within 14 days, starting from the day following the notification referred to in paragraph 1. The consumer must prove that the delivered goods were returned on time, for example, by providing proof of
shipment. In any case, the consumer has observed the return period
if they return the product before the cooling-off period has expired.
that he wishes to exercise his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3 , or has not returned the product to the entrepreneur, the purchase is a fact.
7. The risk and burden of proof for the correct and timely exercise of the
right of withdrawal lies with the consumer.
ARTICLE 9 COSTS IN THE EVENT OF WITHDRAWAL
1. If the consumer exercises his right of withdrawal, he will be
responsible for at most the costs of return.
2. If the consumer has paid an amount, the entrepreneur will
refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received by the entrepreneur or conclusive proof of complete return can be provided.
3. Amounts up to and including €100 including VAT will be refunded via "store credit".
Amounts from €100 including VAT will be credited and paid out to the consumer via the payment method they used for the original order.
4. Items returned to us after the 14-day right of withdrawal will be subject to a 15% administration fee on the purchase price of the returned part.
Shipping costs (unless MPR truck parts is at fault) are always your own expense.
5. For our shipping and return policy, please refer to the Shipping and Returns page.
ARTICLE 10 EXCLUSION OF RIGHT OF WITHDRAWAL
1. The entrepreneur can exclude the consumer's right of withdrawal for
products as described in paragraph 2. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
2 Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur according to the consumer’s specifications; b. that are clearly personal in nature; c. that cannot be returned due to their nature; d. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence; e. for audio and video recordings and computer software of which the consumer has broken the seal; f. for hygienic products of which the consumer has broken the seal.
ARTICLE 11 COMPLAINTS PROCEDURE
1. The entrepreneur has a sufficiently well-known complaints procedure and
handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must
be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days
of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises
that is subject to settlement by the court of the district where the entrepreneur is established.
ARTICLE 12 APPLICABLE LAW AND JURISDICTION
Dutch law always applies to agreements concluded by the entrepreneur in accordance with these terms and conditions , even if an obligation is performed in whole or in part abroad or if the party involved in the legal relationship resides there.
2. The Vienna Sales Convention does not apply.
3. All disputes that may arise between the entrepreneur and the buyer as a result
of an agreement concluded by both parties or subsequent agreements will, without prejudice to the right of the parties to request a decision from the president of the district court, ruling in summary proceedings, be submitted to the judgment of the ordinary court in the place of business of the district where the entrepreneur is established.
ARTICLE 13 PRIVACY POLICY
We, MPRtruckparts BV, are committed to protecting your personal data and privacy. To this end, we comply with applicable data protection regulations, including the General Data Protection Regulation. This privacy policy, together with our cookie policy, explains how we use the personal data we collect from you and how this forms part of our terms and conditions.
What personal data do we collect and how is it used?
When you register at our locations, through customer service, or on our website, use our website, log in to your account, place an order, request information, and contact our customer service, we collect personal data from you. When you participate in a competition or promotion, your personal data is used to contact the winner. The table below shows which personal data we collect and for what purpose.
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Purposes |
Personal data |
Retention periods |
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Managing the status and process of your order in your account. |
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As long as necessary for the purpose. |
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To contact you with a request to review our services or products. |
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As long as necessary for the purpose. |
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To inform you about important changes or developments on our website and in our services. |
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As long as necessary for the purpose. |
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To provide you with a more personalized online experience. |
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As long as necessary for the purpose. |
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To be able to accurately update our administration, provide warranty and repair service. |
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As long as necessary for the purpose. |
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To keep you informed about the products, services and new locations we offer. |
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As long as necessary for the purpose. |
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Marketing purposes, such as identifying certain trends. |
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As long as necessary for the purpose. |
ARTICLE 14 COOKIES AND COOKIES POLICY
We collect information about your browsing behavior through cookies. By placing cookies on your computer, we can distinguish you from others. For more information about cookies, please consult our cookie policy. The cookies currently active on our website are the following:
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Doubleclick (Advertising Tracker) |
This cookie keeps track of which advertisements our website shows to you so that you do not always see the same advertisements on our site. |
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Google Analytics (Analytic Tracker) |
This cookie is from Google itself and tracks the website behavior of all visitors. This includes what is clicked most and what is searched for most often using the search bar. |
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New Relic (Analytic Tracker) |
New Relic is a more extensive version of Google Analytics, but it functions virtually the same and we use it for the same purposes. |
ARTICLE 15 PROVISION OF PERSONAL DATA TO THIRD PARTIES
Your data may be shared with MPRtruckparts BV and all subsidiaries. We will not share your personal data with third parties unless we have a legitimate interest or you have given permission.
We may provide your personal data in the following situations:
- - With third parties who provide services to you on our behalf. These services may include answering your questions about our products or services, sending emails and postal mail, and analyzing data. We only provide these parties with the relevant data necessary to provide the services. These parties do not use your personal data for purposes other than providing the services.
- - If the law, the court, the police or another government authority demands that we provide your personal data, we are obliged to provide it.
- - In connection with, or during negotiations of, a merger, financing, or sale of (part of) the company.