Terms and Conditions of NORDICAR for the electronic sale of products to consumers
Article 1 - Definitions
1.1 For the purposes of these Terms and Conditions, the following definitions apply:
• NORDICAR Consumer Terms and Conditions: the General Terms and Conditions governing the sale of products by NORDICAR to consumers.
• NORDICAR Volvo Parts, registered address: Galileistraat 2, NL 1704 SE, Heerhugowaard, the Netherlands, Chamber of Commerce number 54128161.
• Consumer: a natural person not acting in the exercise of a profession or business and who enters into a distance contract with NORDICAR.
• Day: calendar day.
• Period of reflection: the period within which the Consumer may exercise his/her right of withdrawal.
• Distance Contract: contract between Consumer and NORDICAR where for the purpose of that contract, parties make exclusive use of one or more technologies for remote communication.
• Electrical and electronic products: products depending on electric currents and/or electromagnetic fields in order to work properly.
• Mechanical precision products: mechanical precision products with or without measuring and control systems, and/or controlled by electronic units.
• Sealing: sealing by means of a transparent plastic and/or artificial resin film.
• Account: the account that is created upon online registration, whereby the Consumer shall receive a username and password for identification and access to the Website.
• The Website: www.volvo-parts.nl, where the Consumer can communicate electronically with NORDICAR and access product and order information.
Article 2 - Applicability
2.1 These NORDICAR Consumer Terms and Conditions apply to all offers by NORDICAR and to all Distance Contracts concluded with NORDICAR.
2.2 If at any time one or more provisions of these Terms and Conditions prove to be null and void in whole or in part or become nullified, the remaining provisions in these NORDICAR Consumer Terms and Conditions shall remain in full force and effect.
2.3 The rights conferred upon the Consumer under the NORDICAR Consumer Terms and Conditions shall be in addition to the rights and remedies provided by law.
Article 3 - Communication
3.1 Communication between NORDICAR and Consumer shall take place electronically and/or by telephone during the opening hours of NORDICAR from 8am to 5pm (GMT +2h) from Monday to Friday on number: + 31 (0)72-57 53 200 or by fax at + 31(0)72 57 24 544.
3.2 Upon creating an account on the Website, Consumer must provide the information (including address details and email address) necessary for placing and processing orders and for obtaining information and support.
Consumer is obliged to fill out the correct information.
Provision of incorrect or false information may result in cancellation of the order or dissolution of the Distance Contract by NORDICAR, notwithstanding NORDICAR's right to damages for failure by Consumer to fulfil its obligations under these Terms and Conditions.
Article 4 - Offers
4.1 The offer contains a complete and accurate description of the products offered, including the part and/or item number.
The description is sufficiently detailed as to allow for a proper assessment of the offer by the Consumer.
If NORDICAR uses images, they will be representations of standard materials, with an allowance for variations in f.e. colours or packaging.
Note that smaller items such as mounting materials may or may not always be included with the main item.
4.2 Offers are non-binding and shall be valid subject to stock availability. NORDICAR reserves the right to change prices.
4.3 NORDICAR shall publish on the Website clear information about the price of the product, including the taxes and delivery costs, as well as the manner in which the Consumer can, prior to concluding the Contract, check and, if necessary, correct any information it has provided pursuant to the Contract.
4.4. NORDICAR cannot be held to its offers if offers if, in all reasonableness and fairness and within the context of normal business practices, Consumer is deemed to have understood that the offer or a part thereof clearly contains a mistake or clerical error.
Article 5 - The Contract
5.1 The Contract with NORDICAR shall enter into force when NORDICAR confirms the order by email.
Consumer may cancel the order at any time prior to such confirmation by NORDICAR. If an order is not accepted, NORDICAR shall notify the Consumer of this within seven (7) days of receiving the order. Consumer can check his order status by logging into his account.
5.2 NORDICAR may - within statutory frameworks - ascertain whether the Consumer is able to fulfil his payment obligations, and may also acquaint himself with all those facts and factors that are of significance for responsibly entering into the Distance Contract.
If on the basis of this enquiry, NORDICAR has grounds not to enter into the Contract, NORDICAR will be entitled to refuse an order, or to attach special conditions to the delivery.
Article 6 - Delivery and execution
6.1 The delivery address will be the address provided to NORDICAR by the Consumer.
6.2 Subject to availability of scarce and/or rare products with suppliers and the delivery country, NORDICAR shall deliver the order as soon as possible, but no later than within 30 days of receiving the order, unless a longer delivery period has been agreed upon.
If it is not possible to deliver the order (or part thereof) during this period because an item is (temporarily) out of stock or it is delivered to NORDICAR with delay, the Consumer shall be informed of this no later than one month from the order being placed and it shall be entitled to cancel the order free of charge.
In the event of cancellation, NORDICAR shall return the payment made by the Consumer as soon as possible, but by no later than 14 days from said cancellation.
6.3 The risk of loss or damage to the products shall transfer to the Consumer upon delivery to the Consumer or to a representative at the Consumer's direction.
6.4 Consumer shall inspect the products immediately upon receipt. If the package or box is damaged upon delivery a note must made of this by the courier before the Customer or his representative accepts the item, otherwise any damage cannot be claimed.
If the wrong product is delivered or a product specified in the order confirmation is not delivered, the Consumer shall notify NORDICAR of this within a reasonable time after discovery thereof.
NORDICAR shall inform the Consumer as to whether he is entitled to replacement and/or repair of the goods, depending on the relevant circumstances.
6.5 Products may be returned subject to application by the Consumer for a return merchandise authorisation (RMA) as clearly indicated on the website.
7.1 After purchasing a product, the Consumer may cancel the contract within 14 days without stating any reason. This period starts on the day after receipt of the product by the Consumer.
7.2 During this period the Consumer shall handle the product and packaging with due care and only unpack the product to the extent necessary to be able to assess whether he wishes to keep the product.
NORDICAR and/or the manufacturer may package and/or seal electrical, electronic and mechanical precision products, which may not be opened, broken or removed by the Consumer if he wishes to continue to exercise his right of withdrawal, refund or exchange. In all cases, the Consumer may not install or mount the product on another component or composite product and/or connect it to an electrical voltage circuit or take it into use in any other way.
Custom made products cannot be returned.
7.3 Should the Consumer wish to exercise his right of withdrawal, he shall return the product with all of the supplied accessories in their original state, without damage or mounting traces with unbroken sealing and in the original packaging to NORDICAR, using the return merchandise authorisation (RMA) in accordance with the clear instructions provided on the Website by NORDICAR. The return shipment costs shall be borne by the Consumer.
7.4 NORDICAR shall refund Consumer with the amount paid by the Consumer as soon as possible, but by no later than within 14 days of the return shipment, subject to control and inspection of the returned products for sealing, mounting traces and/or damage or unused condition.
Article 8 - Conformity
8.1 NORDICAR warrants and represents that the products meet the requirements set forth in the Distance Contract, the specifications contained in the offer and reasonable requirements of reliability and/or usability.
Article 9 - Complaints
9.1 Complaints must be completely and clearly described and submitted to NORDICAR in good time after the Consumer has discovered the defects. NORDICAR strives to settle complaints within 14 days from date of receipt.
If a complaint will foreseeably require more time to be handled, NORDICAR will provide a response within 14 days confirming receipt and indicating when the Consumer may expect a more detailed response.
Article 10 - Payment and Retention of Title
10.1 Unless otherwise agreed, the amounts payable by the Consumer shall be paid in accordance with the agreed payment method and within the period specified, unless advance payment is agreed with the Consumer.
10.2 In the event that the Consumer defaults on the payable amounts, NORDICAR shall have the right to contract out the debt collection, whereby all associated costs shall be charged to the Consumer.
10.3 All products supplied under a Distance Contract shall remain the property of NORDICAR until such time that the Consumer has paid any outstanding amount under any contract in full.
If NORDICAR is forced to use its retention of title, Consumer shall be obliged to lend its full cooperation in enabling NORDICAR to take back the relevant goods.
Article 11 - Liability
11.1 By using the Website, the Consumer acknowledges that he shall be doing so at his own risk and responsibility.
11.2 NORDICAR and/or third parties which NORDICAR necessarily engages for the execution of the Distance Contract cannot under any circumstances be held liable for losses, direct or indirect (including consequential losses, loss of income, missed savings or losses caused by business stagnationarising from and in connection with the Contract) which the Consumer or any third party engaged by the Consumer for the execution of the Contract may suffer, regardless of cause, unless such damage is the result of intent or deliberate recklessness of NORDICAR and/or third parties engaged by it in the execution of the Contract.
Article 12 - Force Majeure
12.1 In the event of force majeure, NORDICAR shall not be held to fulfil its obligations vis-à-vis the Consumer and/or shall be entitled to suspend its obligations for the duration of the force majeure event.
12.2 Force majeure shall mean any external cause which prevents NORDICAR from fulfilling its obligations under the Distance Contract. These include without limitation, strikes by third parties, failure of Internet or telecommunication facilities and/or stagnation of delivery by suppliers or other third parties and or governmental measures.
Article 13 - Personal data
13.1 The information supplied by the Consumer will be stored in the NORDICAR customer system for the purpose of processing the orders placed by the Consumer.
NORDICAR may send offers, newsletters and other mailings subject to the Consumer's consent.
Such consent may be withdrawn by unsubscribing from the last NORDICAR newsletter.
Article 14 - Governing Law
14.1 All agreements between NORDICAR and Consumer which are subject to these NORDICAR Consumer Terms and Conditions shall be governed by and construed in accordance with the laws of the Netherlands.
Article 15 - Amendment of Terms and Conditions
15.1 NORDICAR reserves the right to amend these NORDICAR Consumer Terms and Conditions, whereby any such amendments shall first take effect after publication on the NORDICAR website.
In the event of amendment of these Terms and Conditions during the term of an offer, the most favourable conditions shall prevail for the Consumer.