BartsParts I General Terms of Trade

GENERAL TERMS OF TRADE OF BARTSPARTS B.V.

In short

Conditions and terms are mostly hard to read, but of course, necessary. Before we show you the complete version of all Bart’s rules, we have a short summary of most important rules for you.

Offer

BartsParts BV delivers parts directly from the stocks of connected dealers of tractors and agricultural machinery (dealers). However, you will only have to deal with BartsParts; any question, complaint, return shipments etcetera will be handled by BartsParts BV. Dealers are just suppliers to BartsParts BV.
By cooperating with the dealers, BartsParts BV has to depend on information provided by these suppliers like partnumbers, descriptions, stock amounts and prices. Of course there can always be some errors in between and of course BartsParts will try to settle this but in no circumstance BartsParts will be liable for any damages caused by not being able to fullfill the order.

Pricing

Prices are set by the offering dealer and outside control of BartsParts BV
If prices are shown ‘From’, this will mean we have multiple dealers supplying this part, possibly at different prices.
Every part is available in limited stocks only, we cannot process backorders at these price levels.
If not otherwise stated, prices are excluding VAT, so actual taxes will be added when applicable.
Prices are excluding shipment. These will be added based on location to be shipped from, assumed size and weight and of course, destination.
When placing the actual order, you can see from how many warehouses we ship at what rate.

Shipping

BartsParts BV uses different shipping agents. For every shipment, the best rate will be calculated based on several shippers. (Mostly UPS, DHL,TNT or DPD)
Shipping charges are calculated based on assumed weights and measurements provided by the supplier or partner. In the case the actual shipping charges are substantially aberrant from the calculated charges, BartsParts BV has the right to charge these to the customer.
You can always ask for a quote on shipping first if, for example, calculated shipping charges seem to be excessive.
In certain cases, you can only pre-order and get a quotation on shipping first.
BartsParts has an expected delivery time of 2-10 work days, but shipments outside EU or with non standard weight and dimensions could take longer.

Returning policy

Returning goods is always possible
Returns can only be requested for by the return form provided at the website.
Please never return your goods without approval of BartsParts BV
Costs for return shipments are for the customer, unless a demonstrable error or mistake of BartsParts.

Complete Terms and Conditions of BartsParts B.V.

Index:

Paragraph 1 - Definitions
Paragraph 2 - Company details BartsParts BV
Paragraph 3 - Relevancy
Paragraph 4 - The offer
Paragraph 5 - The Agreement
Paragraph 6 - Right of withdrawal / cancellation
Paragraph 7 - Costs in case of withdrawal / cancellation
Paragraph 8 - Exclusion of withdrawal / cancellation
Paragraph 9 - Pricing
Paragraph 10 - Conformity and warranty
Paragraph 11 - Delivery and execution of orders
Paragraph 12 - Subscriptions; durations, cancelling and renewal
Paragraph 13 - Payment
Paragraph 14 - Complaints
Paragraph 15 – Applicable law
Paragraph 16 - Additional or aberrant provisions

Paragraph 1 – Definitions

In these terms we make use of the following definitions

Cooling off period: The period in which a customer can withdraw the order without consquences
Consumer: A natural person, not acting on behalf of a company or out of a profession and enters into an agreement with BartsParts BV.
Company: A natural person or corporation acting as a company or our of a profession and enters into an agreement with BartsParts BV.
Day: calender day
Customer: Consumer or corporation buying or having bought products or services at BartsParts BV.
Subscription: Agreement of subscription to a periodic delivery of goods and/or services of which the delivery is spread over a certain period.
Durable data carrier: Every appliance which helps BartsParts BV or the customer to store personal information for future references.
Right of withdrawal: The possibility to cancel the transaction within the cooling off period.
Withdrawal form: The form to use for withdrawing from an order or agreement, which is offered at the BartsParts website and which customers can use when to would like to make use of the right of withdrawal.
BartsParts BV: The company offering the products and services
Distance agreement: An agreement made through a system organised by BartsParts BV, used for the sale of products and services, where only one or more techniques are used for communication at a distance.
Techniques for communication at a distance: Methods or appliances that can be used to make an agreement between BartsBarts BV and the customer, where both of them never came together in the same room.
Terms and conditions: The underlaying terms and condtions of BartsParts BV.
Website(s) of BartsParts : The websites where BartsParts BV offers its products and services, more specific bartsparts.eu, bartsparts.nl and barts.parts.

Paragraph 2 – Company details of BartsParts B.V.

BartsParts B.V.
General Manager: Arno (A.A.) Verkleij
Evertsenstraat 179
2315 RZ Leiden
Nederland
T +31-(0)85 1304480
E bart@bartsparts.nl

Chamber of Commerce : 67057365
VAT ID: NL856812146B01

Paragraph 3 - Relevancy

These terms and conditions are applicable on every offer and every distance transaction between BartsParts BV and the customer.
Before a transaction is closed, or BartsParts BV and customer came to an agreement, these terms were made available to the customer, or, if reasonably not possible, the customer is notified that the terms and conditions are available at request and will be provided to him or her at request, without any charges.
If there is a distance agreement, BartsParts BV can also provide these terms through electronic way to the customer in such a way that customer can store these terms at any durable data carrier. If for some reason the terms cannot be delivered electronically, BartsParts BV will send the terms to the customer without any charges.
If, besides these terms, any other product- or service-specific terms are applicable, customer can appeal to the terms which are most beneficial to him or her.
If, because of any reason, one or more provisions in these conditions and terms are at any time not applicable anymore, then all other terms and conditions will still be applicable, while new terms will be created as soon as possible to replace the old ones. New terms and conditions will be as near as possible to the older ones they have to replace.
Situations not specifically stated in these terms and conditions, have to be assessed in the spirit of these conditions.
Uncertainties in these terms and conditions have to be assessed in the spirit of these conditions.

Paragraph 4 – The offer

If the offer has a limited durations, or has certain conditions, this will be stated explicitly.
The offer is non-commital. BartsParts BV is always entitled to change or edit the offer.
The offer is ‘Spare parts which are offered by BartsParts suppliers / partners at prices these suppliers partners determined.
Information about the spare parts is provided by the suppliers / partners of BartsParts BV. Last named is not responsible for any kind of error in this information. BartsParts BV cannot be held liable for any damaged cause by the incorrect information, other than the worth of the goods itself.
Any images showed with these parts are also provided by the suppliers / partners of BartsParts BV. Last names is not responsible for any kind of error in this information. BartsParts BV cannot be held liable for any damaged cause by the incorrect information, other than the worth of the goods itself.
All images, specifications and other information on parts are indicative and can as a result not lead to any claim of damages towards BartsParts BV, other than the worth of the goods itself.
Every offer contains all information so that it is clear which rights and obligations are to be expected by the customers, this involves specifically:

The price including taxes. (tax will be calculated in the shopping cart)
Shipping charges (will be calculated in the shopping cart)
How the agreement is concluded and which proceedings will be necessary.
Whether the right of withdrawal is applicable
The method of payment, shipping and execution of the agreement.
The periods for acceptance of the offer and the period in which BartsParts will guarantee the price.
Whether the agreement will be archived and if so, in which way the customer can look into this information or check or edit it when necessary.
Other languages in which the agreement can be concluded, besides English

Paragraph 5 - The agreement

The agreement concludes as soon as the customer accepts the offer and complies to the conditions, more specifically:

The customer has accepted the contents of the shopping cart at the prices stated
The customer has accepted these terms and conditions
The customer has paid the amount due for this order / agreement.
If the offer was accepted through electronic way, BartsParts BV will immediately send an order confirmation through electronic messaging. As long as this confirmation is not sent, the customer can still withdraw the order.
If the offer was accepted through electronic way, BartsParts BV will take measures to secure the electronic exchange of data and be sure of a secure website. In the case of electronic payment, BartsParts will also take measures to secure this process.
BartsParts BV can always (within the law) check on the creditability of the customer and see whether he or she will be able to pay for the goods. If not, or if there is any other legitimate, motivated reason, BartsParts BV can refuse or cancel the order / agreement or make specific conditions.
With any order of products or services, BartsParts BV will provide the following information electronically or, if needed, in writing:
Complete contact details of BartsParts BV including address, phone number and how to file complaints or ask questions
Statement whether customer can make use of the right of withdrawal or cancellation of the order and under which conditions
Information on warranty and service after purchase
Details and prices of the goods ordered.
In case of a durable subscription: the agreed period of the subscription as well as the method of determination / withdrawal.
In case of a durable subscription, the above mentioned in sub. 5 is only applicable on the first delivery.
Every agreement / transaction is made under the condition of sufficient stock of the goods.
BartsParts BV delivers parts directly from stock of the connected suppliers / partners. If such a supplier or partner is not able, or willing to deliver the products for whatever reason, this will lead automatically to cancellation of the order, where BartsParts cannot be forced to deliver anyway. No compensation can be claimed, other than the worth of the goods itself.

Paragraph 6 – Right to withdraw / cancel

Delivery of products

Customer has the right to cancel the order or agreement within two weeks without a given reason. The 14 days start at the day of receipt of the goods to the customer or his / her agreed representative known by BartsParts.
During this period, customer will carefully take care of the goods and its packaging. He or she will only unpack the goods for the purpose of judging the goods and whether he or she would like to keep the products. If the customer decides to return the goods, this will be in the original packaging, including all originally delivered parts and in the original conditions if possible. Customer will follow BartsParts’ instruction on packing and shipping.
If the customer wants to use his or her right to withdraw or cancel the order within 14 days after receiving, customer has to make use of the special form provided at the BartsParts website to inform BartsParts BV. Only after instructions of BartsParts BV the goods can be shipped to the address provided by BartsParts. In case of loss or non-receipt of the goods, customer will have to prove shipment, for example by presenting a proof of shipment.
If a customer has not notified BartsParts BV within 14 days about withdrawing or cancelling the order, the purchase if definite and cannot be cancelled anymore.

Delivery of service:

When ordered services, customer can cancel or withdraw the agreement without a given reason within 14 days after the arrangement became effective.
To make use of the right of cancellation or withdrawal, the customer will have to notify BartsParts BV as soon as possible in the way BartsParts BV stated when closing the agreement.

Paragraph 7 - Costs of withdrawal or cancellation

If a customer makes use of the right of withdrawal or cancellation, only the charges of returning the goods will be on behalf of the customer.
If the returned goods were already paid, BartsParts BV will return the amount as soon as possible, not later than 14 days after the customer’s claim. This is only on the condition that goods were received by BartsParts BV or a proof of shipment was submitted to BartsParts BV.

Paragraph 8 – Exclusion of withdrawal / cancellation

BartsParts BV can recall the right of withdrawal / cancellation for products and services as stated in sub 4 and 4. Recalling is only legitimate if BartsBarts BV has announced this exclusion clearly in the offer and before closing of the agreement / transaction.
BartsParts can also recall the right of withdrawal / cancellation if customer is a company as described in the definitions of this terms.
Exclusion of withdrawal / cancellation is only possible for products which:

were produced by BartsParts at tailor-made specifications or were specifically ordered at customers' demand.
have a personal character
cannot be shipped because of their specifications
age or spoil quickly
of which prices fluctuate heavily
Exclusion of the right of withdrawal / cancellation for services is only possible for services
Which did not take place yet.
Which are or were executed at exclusive specific tailor-made terms

Paragraph 9 – Pricing

Prices as indicated at the website(s) of BartsPartst BV are always excluding VAT (if applicable), shipping charges and are subject to price changes of BartsParts BV's suppliers and partners.
If a partner or supplier of BartsParts BV is not able, or not willing to ship the ordered goods at the agreed price, BartsParts BV has the right to cancel the agreement or order, without any kind of damages paid, other then costs already paid. If the part is available at any other supplier / parts of BartsParts BV, but at a higher price, BartsParts BV has the right to charge customer the higher prices.
If BartsParts BV offers the part at higher price as described in sub. 2, customer has the right to cancel the order or agreement. Already paid amounts will be refunded within 14 days after cancellation.
Other than stated in sub 2, prices are definite when all preriquisites stated in paragraph 5.1 were agreed on.
Prices are subject to any mistakes made. Any claims for damages as a result of mistakes in pricing will be rejected by BartsParts BV and BartsParts cannot be forced to deliver the products at the wrong price.

Paragraph 10 – Compliance and Warranty

BartsParts BV makes sure that products and services comply to the specifications stated in the order or agreement, all reasonable requirements of usability of the product and any legal requirements.
Warranty provided by the manufacturer, importer or dealer does not waive BartsParts BV's obligations stated in sub 1.
Any dysfunction, damage or other kind of malfunctioning of the product has to be notified to BartsParts immediately, but at least within 4 weeks after receipt of the goods by using the form at the website of BartsParts BV. Goods have to be returned in original state, using the original packaging. Goods returned will only be accepted by BartsParts after approval of the warranty claim.
The warranty period of BartsParts BV will be in accordance with the manufacturer's warranty terms. BartsPartsBV can never be held responsible for the actual suitability of the product for the specific, customer's use, nor will BartsParts carry any responsibility for any eventually given advice for use or application of the product.
Warranty voids if:

Customer has changed or repaired the product, or have them being changed or repaired by any third party.
Products were exposed to any abnormal circumstances or were treated uncarefully or in any other way were mistreated against specifc instructions stated at the packaging or other instructions.
The defectiveness is (partial) a result of specif government regulations
parts have that status 'used'. This status will be clearly stated at both website as order specifications (orderconfirmation, invoices, packaging slip etc)
In case of any warranty, damages can never exceed the worth of the goods they apply on. Any consequential damages will be waived.
BartsParts BV has the right to ship a substitute product, but only after notification to and agreement with the customer. In case customers refuses the substitute, eventual amounts already paid will be refunded within 14 days.

Paragraph 11 – Delivery and execution

BartsParts will execute the order / agreement with greatest care.
Place of delivery will be the shipping address provided by the customer.
All accepted orders will be executed and shipped as soon as possible, at the latest within 30 days, unless customer agreed on a longer delivery period. If the shipment delays because of any reason, or if the order cannot be (partianally) fulfilled, customer will be notified as soon as possible. If the order cannot be delivered within 30 days, unless if agreed on a longer period, customer has the right to cancel the order without any further reason and without any cancellation charges. Any damages other then the worth of the goods will be waived.
All delivery periods are indicative. No rights can be conferred on the stated delivery periods. Exceeding the delivery period will not lead to any kind of damages.
In case of any approved withdrawal or cancellation, BartsParts BV will refund any amounts paid within 14 days after cancellation.
If delivery of any product will be impossible, BartsParts BV will strive to find a suitable replacement at a reasonable price. Customer will always be notified if the ordered product will be / i s replaced or sold at a different price. The right of withdrawal / cancellation will still be applicable in that case.
BartsParts BV carries the risk of damaging or lost goods during transit, right until the moment of delivery to the delivery address provided by the customer.
Shipping charges will be calculated based on the estimated size and weight, given by the suppliers / partners of BartsParts BV. Nevertheless, it is possible that shipping charges are substantially higher then calculated when ordering. In that case, BartsParst BV has the right to charge these extra shipping costs to the customer.
For some specific products it is not possible to calculate shipping charges in advance. In that case, BartsParts BV provides a quotation for shipping within 3 days. Customer can accept or reject the quote. During 7 days after pre-ordering, the goods will be reserved for the customer. If no acceptance is received within these 7 days, goods will become available again in our webshop and the order will be considered as cancelled.
In any case of higher applicable shipping charges as stated in subs 8 and 9 where customer cannot agree on, customer has the right to withdraw / cancel the order or agreement without any further charges but without the right of any compensation for damages. Eventually paid amounts will be refunded by BartsParts BV.

Paragraph 12 - Subscriptions; duration, cancelling and renewal

Withdrawal / cancellation

The customer can always terminate an undetermined time-subscription or other agreement of delivering products or services periodically , with a notice period of one month.
Agreements or subsctiptions with a pre-determined time limit can alway be terminiated by the end of the agreed period, with a notic period of one month.
In case of a siutation stated in subs 1 and 2, customer can:

Always notify BartsParts BV about the cancellation which is not limited to a specific time or periode.
Cancel in a similar way as the agreement.
Cancel within the same notice period BartsParts BV negotiated itself.

renewal

An agreement for a pre-determined time limit which aims on delivering goods or services at a regular basis, cannot be renewed automatically.

Duration

If an agreement has a duration of more than one year, customer can always cancel or withdraw within a notice-period of one month, unless reasonableness and fairness opposes against the cancellation before the agreed termination.

Paragraph 13 - Payment

Unless agreed otherwise, payments has to be settled before delivery.
Customer has a duty to inform BartsParts BV about any errors in payment details, inocrrect prices or potential errors in the payment system.
In case of any payment default, BartsParts has the right, subject to legal restrictions, to charge the customer for all reasonable costs, arising from the collection.

Paragraph 14 - Complaints

BartsParts BV has a well publicized procedure for complaints and will deal with complaints complaint to this procedure.
Complaints about any delivery, agreement or subscription have to be filed within 7 days after discovering the deficits, errors or malfunction.
Complaints are preferrably filed through the special complaint form at the Bartsparts website(s)
Complaints filed will be dealt with within 14 working days, calculated from the date of receiving the complaint. If handling the complaint needs a forseeable longer period of time, BartsParts will inform the customer within 14 days with an estimated time schedule for settlement.
In case of any kind of complaint, customer first needs to refer to BartsParts before taking any other (legal) steps.
Any complaint does not suspend BartsParts BV's obligations unless BartsParts BV informs otherwise.
In case of a valid complaint, BartsParts BV will replace or repair the products without any charges.

Paragraph 15 – Applicable law

Dutch law only is applicable on all transactions and agreements between the customer and BartsParts BV, even if the customer is based outside the Netherlands.

Paragraph 16 – Additional or abberant provisions

Additional or deviating conditions other then stated in these terms and conditions, may not be of any disadvantage of the customer and will have to be agreed on in such way that customer can access or save these conditions through a durable datacarrier.