Terms and Conditions

Index:

Article 1 – Definitions
Article 2 – Identity of Zeroparts
Article  3 – Applicability
Article  4 – The offer
Article 5 - The agreement
Article  6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – The price
Article 9 - Conformity and warranty
Article 10 – Delivery and performance
Article 11 – Complaints procedure
Article 12 – Disputes
Article 13 – Additional or deviating provisions

Article 1 – Definitions

In these terms and conditions:

1. Thinking time: the term within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance agreement with Zeroparts;
3. Day: calendar day;
4. Duration transaction: a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
7. Model form: the model form for withdrawal that Zeroparts makes available that a consumer can fill in when he wants to make use of his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance Agreement: an agreement in which, within the framework of a system organized by Zeroparts for the distance sale of products and/or services, up to and including the conclusion of the agreement, use is made of one or more techniques for distance communication;
10. Technology for remote communication: means that can be used to conclude an agreement, without the consumer and entrepreneur coming together in the same room at the same time.
11. Terms and Conditions: the present General Terms and Conditions of Zeroparts.

Article 2 – Identity of Zeroparts

If Zeroparts practices a regulated profession:

• the professional association or organization with which he is affiliated;
• the professional title, the place in the EU or the European Economic Area where it was awarded;
• a reference to the professional rules that apply in the Netherlands and instructions where and how these professional rules can be accessed.

Article 3 – Applicability

1. These general terms and conditions apply to every offer from Zeroparts and to every distance contract concluded and orders between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at Zeroparts and that they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. is.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are nullified, the agreement and these terms and conditions will otherwise remain in effect and the provision in question will be immediately replaced in mutual consultation by a provision that has the purport of of the original as closely as possible.
6. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
7. Uncertainties about the explanation or content of one or more provisions of our terms and conditions must be explained 'in the spirit' of these terms and conditions.

Article 4 – The offer

1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. Zeroparts is entitled to change and amend the offer.
3. The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If Zeroparts uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding for Zeroparts.
4. All images, specifications data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the products on offer. Operator cannot guarantee that the colours displayed correspond exactly to the real colours of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in the
   special:
   • the price including taxes;
   • any shipping costs;
   • the manner in which the agreement will be concluded and what actions are necessary to do so;
   • whether or not the right of withdrawal applies;
   • the method of payment, delivery and performance of the agreement;
   • the period for accepting the offer, or the period within which Zeroparts guarantees the price;
   • the amount of the rate of distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
   • whether the agreement is archived after its conclusion and, if so, how it can be accessed by the consumer;
   • the way in which the consumer, before concluding the contract, can check the data provided by him under the contract and, if desired, rectify them;
   • any other languages in which, in addition to Dutch, the agreement may be concluded;
   • the codes of conduct to which Zeroparts is subject and the manner in which the consumer can consult these codes of conduct electronically; and
   • the minimum duration of the distance contract in the case of a duration transaction.
   • Available sizes, colours, type of materials

Article 5 – The Agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
2. If the consumer has accepted the offer electronically, Zeroparts shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Zeroparts, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, Zeroparts shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, Zeroparts will observe appropriate security measures to this end.
4. Zeroparts may - within legal frameworks - inform itself as to whether the consumer can fulfil his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, Zeroparts has good grounds for not entering into the agreement, it shall be entitled to refuse an order or request or to attach special conditions to the execution, giving reasons.
5. Zeroparts shall enclose with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
6. the visiting address of the Zeroparts branch to which the consumer can address complaints;
7. the conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
8. the information on warranties and existing after-sales service;
9. the information set out in article 4 paragraph 3 of these conditions, unless Zeroparts has already provided this information to the consumer before the execution of the agreement;
10. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
11. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
12. Each agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

On delivery of products:

1. When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for 14 days. This reflection period starts the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to Zeroparts.
2. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product to Zeroparts with all accessories supplied and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by Zeroparts.
3. If the consumer wishes to exercise his right of withdrawal, he must inform Zeroparts of this within 14 days of receiving the product. The consumer must make this known using the model form or by another means of communication such as e-mail. After the consumer has made it known that he/she wishes to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of dispatch.
4. If the customer has not expressed his wish to exercise his right of withdrawal or has not returned the product to Zeroparts after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

Article 7 – Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, at most the costs of return shipment will be at his expense.
2. If the consumer has paid an amount, Zeroparts will refund this amount as soon as possible, but no later than 14 days after revocation. This is subject to the condition that the product has already been received back by the merchant or conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer unless the consumer explicitly authorises a different payment method.
3. If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any depreciation in value of the product.

Article 8 – The price

1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, Zeroparts may offer products or services whose prices are linked to fluctuations in the financial market and over which Zeroparts has no influence, with variable prices. This link to fluctuations and the fact that any prices stated are target prices shall be stated with the offer.
3. Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permissible if Zeroparts has stipulated them and:
5. they result from statutory regulations or provisions; or
6. the consumer has the power to terminate the agreement from the day on which the price increase takes effect.
7. The prices mentioned in the offer of products or services include VAT.
8. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of misprints and typographical errors. In the event of misprints, Zeroparts is not obliged to supply the product according to the incorrect price.

Article 9 - Conformity and Warranty

1. Zeroparts warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of conclusion of the agreement. If agreed, Zeroparts also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by Zeroparts, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against Zeroparts under the agreement.
3. Any defective or incorrectly delivered products must be reported to Zeroparts in writing within 2 months of delivery. Products must be returned in their original packaging and in new condition.
4. Zeroparts' guarantee period corresponds to the manufacturer's guarantee period. However, Zeroparts shall never be responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The guarantee does not apply if:

• The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to Zeroparts' instructions and/or on the packaging;
• The defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government on the nature or quality of the materials used.

Article 10 – Delivery and performance

1. Zeroparts will take the greatest possible care when receiving and implementing product orders and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with convenient speed but at the latest within 14 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 14 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to any compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a term does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, Zeroparts will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days of dissolution.
6. If delivery of an ordered product proves impossible, Zeroparts will endeavour to make available a replacement item. At the latest upon delivery, it shall be communicated in a clear and comprehensible manner that a replacement article is being delivered. With replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by Zeroparts.
7. The risk of damage and/or loss of products rests with Zeroparts until the moment of delivery to the consumer or a representative designated in advance and made known to Zeroparts, unless expressly agreed otherwise.

Article 11 – Complaints procedure

1. Zeroparts has a sufficiently publicised complaints procedure and shall handle the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to Zeroparts fully and clearly described within 2 months after the consumer has discovered the defects.
3. Complaints submitted to Zeroparts shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Zeroparts shall reply within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed reply.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises which is susceptible to dispute resolution.
5. In the event of complaints, a consumer should first turn to Zeroparts. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend Zeroparts' obligations unless Zeroparts states otherwise in writing.
7. If a complaint is found to be justified by Zeroparts, Zeroparts will, at its discretion, either replace or repair the delivered products free of charge.

Article 12 – Disputes

1. Agreements between Zeroparts and the consumer to which these general terms and conditions relate shall be governed exclusively by Dutch law. Even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 13 – Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.