1.Introduction: Please read these terms of sale carefully.
You will be asked to expressly agree to these terms of sale before you place an order for products from our website.
2.Interpretation: In these terms of sale, “we” means Partsbrake.com (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer.
3.Order process: You may place your order through our website (online order or chat) or by phone or by email at export@partseds.com .
Once your online order has been placed you will be transferred to a secure page for you to enter your details and after that you will automatically receive your proforma by e-mail; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps: (I) you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; (iii) once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these terms of sale; (iv) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
We’ll file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by contacting us. You may correct those input errors before placing your order by Contacting us via Phone (+40749102608 / +40749102603) or E-mail (export@partseds.com)
Also, we reserve the right to refuse any order from a customer for legitimate reasons.
When approving your order we’ll send you the offer. Our offer sent to you is valid for 5 working days!
After approving the order, the client company has the obligation to purchase the goods ordered. Approved order implies the obligation to purchase the goods ordered.
4.The products:
4.1 All our products listed on this website are in relation to Partsbrake.com .
4.2 Given the specificity and the highly technical nature of the products, you are expected to strictly adhere to the instructions and recommendations concerning safety and reliability. This includes use (vehicle, inflation, pressure, etc.), mounting and storage of the product. www.partsbrake.com is in no way liable for poorly mounted products or damage caused by use under abnormal conditions.
4.3 www.partsbrake.com commits itself to processing the orders placed on the website while quantities last and if the product ordered is no longer available, we will contact and inform you as soon as possible, offering an alternative product or the cancellation and refund of the total amount of the product out of stock.
Depending on the value of the offer, an advance of minimum 30% can be charged.
4.4 Products images are shown only for information purposes and may be some differences between them and the real product.
4.5 For some products the old unit in exchange is needed in order to buy it at the price listed on the website. In this case, old spare parts items must respect the following criteria:
– to be clean and integral;
– not damaged or broken;
– to be returned in the package received with the new part delivered;
– old part return period of time: The old part has to be returned in no more than 5 days.
– in case of original parts, the returned part must be the original one!
4.6 The Buyer shall not sell, export or re-export, directly or indirectly, the goods supplied by Eurodealer Service to companies residing in Belarus and/or Russian Federation! Any violation of this article shall constitute a material breach of an essential element of this Agreement and Eurodealer Service shall be entitled to seek appropriate remedies, including a penalty of 100% of the total value price of the goods exported (total goods value stated on the Proforma !
5.Price and payment: Payment must be made 100% in advance before Shipping/Prepayment!
5.1 We have the right to modify our prices according to supply and demand. The price of any products will be as quoted on the website at the date of order, except in the cases of obvious error.
5.2 www.partsbrake.com contains a large number of products and sometimes it may be possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lowest amount when dispatching the Product to you. If a product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
5.3 We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product. The delivery tax is calculated for distance and package weight. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website include all value without taxes (price netto, ex works Bucharest) and without delivery costs! Delivery costs will be calculated separately. Delivery will be done only through our account of Romanian company (TNT or UPS Romanian agency).
If you want to purchase the products from our online store on your business and you are registered for VAT purposes, you are automatically registered in the VIE (http://ec.europa.eu/taxation_customs/vies/) and you can make purchases from the EU without VAT (so VAT does not apply to your final invoice).
If you are not registered for VAT purposes, you can also make purchases within our online store, but the final invoice issued will include VAT.
5.4 For some products (like electric motors, alernators, steering gearm, power steering pumps, brake calipers, modulators etc) the old unit in exchange is needed in order to buy it at the price listed on the website. Else, we’ll charge with additional tax for the old unit value. This additional tax will be communicated by our staff before confirming your order.
5.5 See Warranty and Return policy for details.
5.6 Since we apply attractive prices on the international market, all charges and fees applied by the bank will be paid by the buyer.
6.Your warranties
You warrant to us that:
(a) You are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
(b) The information provided in your order is accurate and complete;
(c) You will be able to accept delivery of the products;
(e) You are at least 18 years of age and you are a company!
7.Delivery policy
We will arrange for the products to be delivered to the address for delivery indicated in your order.
We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation. The delivery term is estimated depending on the availability of the SUPPLIER.
Prices show on this website do not include delivery costs and other taxes that may apply to you. You will have to pay the delivery and the tax will be communicated to you when confirming your order.
We deliver products in any country stated above in Article 1 – Introduction, by DHL or UPS.
The seller will authorise the shipping company to open the package only after delivery and after the customers signs for receiving the goods and pays them in full.
Any notification related to the package content/integrity may be sent when shipping by writing a report. Any subsequent complaints about these issues are void and can not be taken into account.
All products sold on this website are new and delivered with invoice and warranty in their original pack provided by the manufacturer.
Goods already delivered can not be returned!
We do not ship to the following countries: Cuba, Afghanistan, Sudan, North Korea, Iran, Iraq, The Bahamas, Botswana, Cambodia, Ethiopia, Ghana, Pakistan, Panama, Sri Lanka, Syria, Trinidad and Tobago, Tunisia, Yemen, Butan, Brunei, Antigua/Barbuda, Belize, Cap Verde, Congo, Gibuti, Fiji, Gabon, Grenada, Lesotho, Micronesia, Nauru, Palestina, Kitts and Nevis, Uganda, Andorra, Butan, Brunei, Komoros, Dominica, Egypt, Kiribati.
8. Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
(a) Delivery of the products; and
(b) Receipt by us of full payment of all sums due in respect of the products (including delivery charges).
We will be entitled to recover payment for the products even where ownership has not passed to you.
9. Statutory rights
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
10. Limitations and exclusions of liability
Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit or exclude any liability of a party under Section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or Part I of the Consumer Protection Act 1987; (d) limit any liability of a party in any way that is not permitted under applicable law; or (e) exclude any liability of a party that may not be excluded under applicable law. Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the terms of sale.
We will not be liable to you in respect of any losses arising out of any event or series of events beyond our reasonable control. We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11. General terms
We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use.
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with European law and the courts of European Union will have [non-]exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
All our terms and privacy policies are GDPR compliant.
At Part Service we are committed to safeguarding and preserving the privacy of our visitors. This Privacy Policy document (the “Policy”) has been provided by the legal resource.
This Policy explains what happens to any personal data that you provide to us, or that we collect from you whilst you visit our site and how we use cookies on this website.
We do update this Policy from time to time so please do review this Policy regularly.
Information That We Collect
In running and maintaining our website we may collect and process the following data about you:
* Information about your use of our site including details of your visits such as pages viewed and the resources that you access. Such information includes traffic data, location data and other communication data.
* Information provided voluntarily by you. For example, when you register for information or make a purchase.
* Information that you provide when you communicate with us by any means.
Use of Cookies
Cookies provide information regarding the computer used by a visitor. We may use cookies where appropriate to gather information about your computer in order to assist us in improving our website.
We may gather information about your general internet use by using the cookie. Where used, these cookies are downloaded to your computer and stored on the computer’s hard drive. Such information will not identify you personally; it is statistical data which does not identify any personal details whatsoever.
Our advertisers may also use cookies, over which we have no control. Such cookies (if used) would be downloaded once you click on advertisements on our website.
You can adjust the settings on your computer to decline any cookies if you wish. This can be done within the “settings” section of your computer. For more information please read the advice at AboutCookies.org.
Use of Your Information
We use the information that we collect from you to provide our services to you. In addition to this we may use the information for one or more of the following purposes:
* To provide information to you that you request from us relating to our products or services.
* To provide information to you relating to other products that may be of interest to you. Such additional information will only be provided where you have consented to receive such information.
* To inform you of any changes to our website, services or goods and products.
If you have previously purchased goods or services from us we may provide to you details of similar goods or services, or other goods and services, that you may be interested in.
We never give your details to third parties to use your data to enable them to provide you with information regarding unrelated goods or services.
Storing Your Personal Data
In operating our website it may become necessary to transfer data that we collect from you to locations outside of the European Union for processing and storing. By providing your personal data to us, you agree to this transfer, storing and processing. We do our utmost to ensure that all reasonable steps are taken to make sure that your data is stored securely.
Unfortunately the sending of information via the internet is not totally secure and on occasion such information can be intercepted. We cannot guarantee the security of data that you choose to send us electronically, sending such information is entirely at your own risk.
Disclosing Your Information
We will not disclose your personal information to any other party other than in accordance with this Privacy Policy and in the circumstances detailed below:
* In the event that we sell any or all of our business to the buyer.
* Where we are legally required by law to disclose your personal information.
* To further fraud protection and reduce the risk of fraud.
Third Party Links
On occasion we include links to third parties on this website. Where we provide a link it does not mean that we endorse or approve that site’s policy towards visitor privacy. You should review their privacy policy before sending them any personal data.
Access to Information
In accordance with the Data Protection Act 1998 you have the right to access any information that we hold relating to you.