GENERAL TERMS OF TRADE OF BARTSPARTS B.V.

In short

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

Offer

  • BartsParts BV delivers parts directly from the stocks of connected sellers, mainly official dealers of machinery, such as agricultural, construction and material handling machinery. However, you will only have to deal with BartsParts; any questions, complaints, return shipments, etc., will be handled by BartsParts BV. All connected sellers are just suppliers to BartsParts BV.
  • By cooperating with the sellers, BartsParts BV has to depend on information provided by these suppliers like part numbers, 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 under no circumstances will BartsParts be liable for any damages caused by not being able to fulfill the order.

Pricing

  • Prices are set by the offering seller and are outside the control of BartsParts BV.
  • If prices are shown ‘From’, this will mean we have multiple sellers supplying this part, possibly at different prices.
  • Every part is available in limited stocks only; it may happen that we cannot process backorders at the same price levels.
  • If not otherwise stated, prices are excluding VAT, so actual taxes will be added when applicable.
  • Prices for parts are excluding shipment. Shipping costs will be added based on the address of destination and the warehouse/s of origin chosen in the order.
  • When placing the actual order, you can see from how many warehouses we ship from and 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 of an order are calculated based on standard shipping, provided that the weights and measurements provided by the seller are fulfilling the standard shipping requirements. In the case that the actual shipping charges are substantially different 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 working days, but shipments with non-standard weight and dimensions could take longer.
  • BartsParts currently does not ship outside the EU!


Returning policy

  • Returning goods is always possible within 14 days after receiving your order.
  • Returns can only be requested by using the return form provided on the website.
  • Please never return your goods without the approval of BartsParts BV
  • Costs for return shipments are for the customer, unless there is a demonstrable error or mistake by 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, cancellations and renewal
Paragraph 13 - Payment
Paragraph 14 – Complaints
Paragraph 15 – Use Restrictions (Prohibition on Data Extraction)
Paragraph 16 – Database Rights and Ownership
Paragraph 17 – Prohibited Commercial Use Clause
Paragraph 18 – Consequences of Violation
Paragraph 19 – Applicable law
Paragraph 20 – Additional or aberrant provisions

Paragraph 1 – Definitions

In these terms, we make use of the following definitions

  1. Cooling-off period: The period in which a customer can withdraw the order without consequences
  2. Consumer: A natural person, not acting on behalf of a company or a contractor, that enters into an agreement with BartsParts BV.
  3. Company: A natural person or corporation acting as a company or a contractor that enters into an agreement with BartsParts BV.
  4. Day: calendar day
  5. Customer: Consumer or company buying or having bought products or services at BartsParts BV.
  6. Subscription: Agreement of subscription to a periodic delivery of goods and/or services, of which the delivery is spread over a certain period.
  7. Durable data carrier: Every appliance which helps BartsParts BV or the customer to store personal information for future reference.
  8. Right of withdrawal: The possibility to cancel the transaction within the cooling-off period.
  9. Withdrawal form: The form to use for withdrawing from an order or agreement, which is offered on the BartsParts website and which customers can use when they would like to make use of the right of withdrawal.
  10. BartsParts BV: The company offering the products and services.
  11. Distance agreement: An agreement made through a system organized by BartsParts BV, used for the sale of products and services, where only one or more techniques are used for communication at a distance.
  12. 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.
  13. Terms and conditions: The underlying terms and conditions of BartsParts BV.
  14. Website(s) of BartsParts: The websites where BartsParts BV offers its products and services, such as bartsparts.com.

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

  1. These terms and conditions are applicable to every offer and every distance transaction between BartsParts BV and the customer.
  2. Before a transaction is closed or BartsParts BV and customer has come to an agreement, these terms are 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.
  3. If there is a distance agreement, BartsParts BV can also provide these terms in an electronic way to the customer in such a way that the customer can store these terms on 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.
  4. If, besides these terms, any other product- or service-specific terms are applicable, the customer can appeal to the terms which are most beneficial to him or her.
  5. If, for any reason, one or more provisions in these conditions and terms are at any time no longer applicable, 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.
  6. Situations not specifically stated in these terms and conditions have to be assessed in the spirit of these conditions.
  7. Uncertainties in these terms and conditions have to be assessed in the spirit of these conditions.

Paragraph 4 – The offer

  1. If the offer has a limited duration or has certain conditions, this will be stated explicitly.
  2. The offer is non-committal. BartsParts BV is always entitled to change or edit the offer.
  3. The offer refers to: ‘Spare parts which are offered by BartsParts‘ sellers at prices these sellers determined.
  4. Information about the spare parts is provided by the sellers of BartsParts BV. BartsParts BV is not responsible for any kind of error in this information and cannot be held liable for any damage caused by the incorrect information, other than the value of the goods themselves.
  5. Any images shown with these parts are also provided by the sellers of BartsParts BV. BartsParts BV is not responsible for any kind of error in this information and cannot be held liable for any damage caused by the incorrect information, other than the value of the goods themselves.
  6. 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 themselves.
  7. Every offer contains all information so that it is clear which rights and obligations are to be expected by the customers, this involves specifically:
  • Taxes (taxes 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 period for acceptance of the offer and the period during 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

  1. 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 is accepted in an 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 is accepted in an 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 creditworthiness 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 impose 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
    • State whether the 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 subscription: the agreed period of the subscription as well as the method of determination / withdrawal. In this case, the conditions are only applicable to the first delivery.
  • Every agreement / transaction is made under the condition of sufficient stock of the goods (as per the information supplied by each seller taking part of the offer.
  • BartsParts BV delivers parts directly from the stock of the connected sellers. If such a supplier or partner is not able or willing to deliver the products for whatever reason, this will automatically lead to cancellation of the order, where BartsParts cannot be forced to deliver. No compensation can be claimed, other than the value of the goods themselves.

Paragraph 6 – Right to withdraw / cancel

Delivery of products:

  1. The customer has the right to cancel the order or agreement within two weeks without giving any reason. The 14 days start from the day of receipt of the goods by the customer or his / her agreed representative known by BartsParts.
  2. During this period, the customer will carefully take care of the goods and their 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. The customer will follow BartsParts’ instructions on packing and shipping.
  3. If the customer wants to use his or her right to withdraw or cancel the order within 14 days after receiving it, the customer has to make use of the special form provided on the BartsParts website to inform BartsParts BV. Only after the instructions of BartsParts BV can the goods be shipped to the address provided by BartsParts. In case of loss or non-receipt of the goods, the customer will have to prove shipment, for example by presenting a proof of shipment.
  4. If a customer has not notified BartsParts BV within 14 days about withdrawing or cancelling the order, the purchase is definite and cannot be cancelled anymore.

Delivery of service:

  1. When ordering services, the customer can cancel or withdraw the agreement without providing a reason within 14 days after the arrangement becomes effective.
  2. 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

  1. If the customer makes use of the right of withdrawal or cancellation, only the charges of returning the goods will be borne by the customer.
  2. If the returned goods were already paid for, BartsParts BV will return the amount as soon as possible, no later than 30 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

  1. BartsParts BV can recall the right of withdrawal / cancellation for products and services as stated in paragraph 4. Recalling is only legitimate if BartsBarts BV has announced this exclusion clearly in the offer and before closing of the agreement / transaction.
  2. BartsParts can also recall the right of withdrawal / cancellation if the customer is a company, as described in the definitions of these terms.
  3. 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
  1. Exclusion of the right of withdrawal / cancellation for services is only possible for services which:
  • Have not taken place yet.
  • Are or were executed at exclusive, specific, tailor-made terms

Paragraph 9 – Pricing

  1. Prices as indicated on the website(s) of BartsParts BV are always excluding VAT (if applicable), shipping charges, and are subject to price changes of BartsParts BV's sellers.
  2. If a seller 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 than costs already paid. If the part is available at any other supplier of BartsParts BV, but at a higher price, BartsParts BV has the right to charge the customer the higher price.
  3. If BartsParts BV offers the part at a higher price as described in subparagraph 2, the customer has the right to cancel the order or agreement. Already paid amounts will be refunded within 14 days after cancellation.
  4. Other than stated in subparagraph 2, prices are definite when all prerequisites stated in paragraph 5.1 have been agreed on.
  5. 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

  1. BartsParts BV makes sure that products and services comply with the specifications stated in the order or agreement, all reasonable requirements of usability of the product and any legal requirements.
  2. Warranty provided by the manufacturer, importer or dealer does not waive BartsParts BV's obligations stated in subparagraph 1.
  3. Any dysfunction, damage or other kind of malfunctioning of the product has to be notified to BartsParts immediately, but at least within 14 days after receipt of the goods by using the form on the website of BartsParts BV. Goods have to be returned in their original state, using the original packaging. Goods returned will only be accepted by BartsParts after approval of the warranty claim.
  4. 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 eventual given advice for use or application of the product.
  5. Warranty voids if:
  • Customer has changed or repaired the products, or has 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 manipulated against specific instructions stated on the packaging or other instructions.
  • The defectiveness is (partially) a result of specific government regulations
  • Parts have the status 'used'. This status will be clearly stated on both the website as order specifications (order confirmation, invoices, packaging slip, etc.)
  • In case of any warranty, damages can never exceed the worth of the goods they apply to. Any consequential damages will be waived.
  • BartsParts BV has the right to ship a substitute product, but only after an agreement with the customer. In case the customer refuses the substitute, eventual amounts already paid will be refunded within 14 days.

Paragraph 11 – Delivery and execution of orders

  1. BartsParts will execute the order / agreement with the greatest care.
  2. The place of delivery will be the shipping address provided by the customer.
  3. All accepted orders will be executed and shipped as soon as possible, at the latest within 30 days, unless the customer has agreed on a longer delivery period. If the shipment is delayed for any reason or if the order cannot be (partially) fulfilled, the customer will be notified as soon as possible. If the order cannot be delivered within 30 days, unless agreed on a longer period, the customer has the right to cancel the order without any further reason and without any cancellation charges. Any damages other than the worth of the goods will be waived.
  4. 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.
  5. In case of any approved withdrawal or cancellation, BartsParts BV will refund any amounts paid within 14 days after cancellation.
  6. If delivery of any product is not possible, BartsParts BV will strive to find a suitable replacement at a reasonable price. The customer will always be notified if the ordered product will be / is replaced or sold at a different price. The right of withdrawal / cancellation will still be applicable in that case.
  7. BartsParts BV carries the risk of damaging or losing goods during transit, right until the moment of delivery to the delivery address provided by the customer.
  8. Shipping charges will be calculated based on the estimated size and weight, given by the sellers of BartsParts BV. Nevertheless, it is possible that shipping charges are substantially higher than calculated when ordering. In that case, BartsParst BV has the right to charge these extra shipping costs to the customer.
  9. 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 from the order confirmation. The customer can accept or reject the quote. During the 7 days after 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.
  10. In the case of higher applicable shipping charges as stated in subparagraphs 8 and 9, where the customer cannot agree on, the customer has the right to withdraw / cancel the order or agreement without any further charges, but without the right to any compensation for damages. In those cases paid amounts will be refunded by BartsParts BV.

Paragraph 12 – Subscriptions, duration, cancelling and renewal

Withdrawal / cancellation

  1. 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.
  2. Agreements or subscriptions with a pre-determined time limit can always be terminated by the end of the agreed period, with a notice period of one month.
  3. In case of a situation stated in subparagraphs 1 and 2, the customer can:
  • Always notify BartsParts BV about the cancellation, which is not limited to a specific time or period.
  • Cancel in a similar way to the agreement.
  • Cancel within the same notice period BartsParts BV negotiated itself.

Renewal

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

Duration

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

Paragraph 13 - Payment

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

Paragraph 14 - Complaints

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

Paragraph 15 – Use Restrictions (Prohibition on Data Extraction)

No part of the BartsParts website, including but not limited to product listings, descriptions, stock information, images, or pricing, may be copied, scraped, harvested, republished, or reused for commercial purposes without the express written permission of BartsParts B.V. Automated data collection (including but not limited to scraping, crawling, or the use of bots) is strictly prohibited.

Paragraph 16 – Database Rights and Ownership

While product information is supplied by BartsParts' partner sellers, the aggregation, structuring, and presentation of this data, including the searchable database and pricing logic, are the proprietary work of BartsParts B.V. and are protected by European database rights under Directive 96/9/EC. Unauthorized extraction or reuse of substantial parts of this database is strictly prohibited.

Paragraph 17 – Prohibited Commercial Use Clause

Users may not use the BartsParts platform or its contents to operate a competing e-commerce business, marketplace, or social media sales channel. Any unauthorized commercial use of data from BartsParts, including resale, redistribution, or mirroring of product listings, constitutes a breach of these Terms and may result in legal action.

Paragraph 18 – Consequences of Violation

BartsParts reserves the right to take legal and technical measures—including IP enforcement, cease and desist actions, or access blocking—to prevent the unauthorized use of its data and platform content. Offending parties may be liable for damages, including lost revenue and reputational harm.

Paragraph 19 – Applicable law

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

Paragraph 20 – Additional or aberrant provisions

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