Clause 1 General
1.1
In these conditions of supply, the following definitions apply: 'Customer': the (potential) customer of items and/or services supplied by Scootparts.
1.2
These conditions of supply are public and are available to anyone under 'Conditions of supply' on the Scootparts website. A copy can be sent in the post by Scootpost upon request by the customer.
1.3
These conditions of supply are applicable to all offers, orders and agreements made between the customer and Scootparts.
1.4
An agreement is made through an order confirmation issued by Scootparts, in writing, by e-mail or by post. The customer accepts the conditions of supply in placing the order.
The customer also declares having read our conditions, that the customer has attained majority OR has the approval or parents or legal guardians in placing the order with Scootparts. We treat people aged between 14 and 18 as being legally competent.
1.5
All rights and responsibilities as agreed in these conditions of supply, and any other agreements for the benefit of Scootparts, also apply to any intermediaries or other third parties engaged by Scootparts.
1.6
Any deviation from these conditions of supply is valid only when explicitly agreed with Scootparts in writing.
1.7
Should any provision of these conditions of supply prove to be, or become, null and/or invalid, the remaining provisions of these conditions of supply shall persist in force in their entirety. Scootparts and the customer will liaise to reach agreement on a new provision to replace the null or invalid provision, such that the intended meaning and import of the null or invalid provision is retained as far as practicable.
1.8
Scootparts reserve the right at all times to amend these conditions of supply, also the contents of the Scootpart.nl website.
Clause 2 Offers and agreements
2.1
All offers made by Scootparts are binding, save only in clear-cut instances of human error or oversight. Scootparts reserves the right at all times to amend or withdraw offers. All offers are subject to availability.
2.2
Unless there is evidence to the contrary, Scootparts' administrative record is treated as proof of instructions issued by the customer to Scootparts, also of payments made and deliveries supplied by Scootparts. Scootparts recognises electronic communications may serve as proof. In accepting these conditions of supply, the customer acknowledges likewise.
Clause 3 Prices, tariffs and payment
3.1
All prices of items offered are shown in euros, including turnover tax (VAT) and other officially-imposed levies, but exclude shipping costs, unless stated otherwise or so agreed in writing.
3.2
In the event of failure to pay, the agreement will be considered null and void. Goods supplied to the customer shall therefore become the property of Scootparts. The return of merchandise by the customer to Scootparts is for the customer's account and at the customer's own risk, unless otherwise agreed in writing.
3.3
If the customer is in default, Scootparts reserves the right to charge all debt-recovery costs to the customer.
3.4
In the event of the customer's failure to comply with the agreed payment terms, Scootparts shall be entitled as of right immediately to annul the agreement, or to defer fulfilling their obligations.
3.5
All items supplied to the customer remain the property of Scootparts until such time as all sums owing by the customer relating to items under this agreement have been settled in full.
3.6
Goods or services supplied are to paid for by the customer within thirty days, unless explicitly agreed otherwise in writing.
Clause 4 Deliveries / Delivery deadlines
4.1
Delivery times cited by Scootparts can never be construed as final deadlines, unless agreed otherwise.
4.2
If the agreed delivery deadline is missed by Scootparts for any reason whatever, Scootparts will immediately notify the customer accordingly. In this case, the customer shall be entitled to annul the agreement with Scootparts, by sending an e-mail, letter or fax to Scootparts.
Clause 5 Force majeure and/or other exceptional circumstances.
5.1
Scootparts cannot be held liable for compliance with any obligation towards the customer if prevented from doing so owing to circumstances beyond their control, nor under the law, in legal proceedings or views/interpretations considered as valid in normal transactions in society.
Clause 6 Risks
6.1
Risks incurred whilst shipping goods ordered by the customer are incumbent on Scootparts. At the time a product is delivered, or at the time delivery can reasonably be considered to have been made, risk for the product passes to the customer, other than those liabilities that cannot be declined by Scootparts according to law.
Clause 7 Orders/Communications
7.1
Scootparts cannot be held in any way liable for misunderstandings, damage, delays or ambiguities in orders/instructions or communications resulting from use of the Internet or any other method of communication in correspondence between the customer and Scootparts, or indeed between Scootparts and third parties, where such correspondence concerns the business relationship between the customer and Scootparts.
Clause 8 Complaints
8.1
All complaints relating to the supply, quality, quantity of products or any other complaint will be dealt with properly by Scootparts within a reasonable period of time.
8.2
The customer must identify the complaint by citing the invoice number.
8.3
Complaints regarding breakages or incorrect delivery (if for example items supplied are not those ordered), must be notified to Scootparts within two days of receipt of the order.
8.4
The procedure for the return of merchandise will be discussed by Scootparts with the customer. If the order is returned by the customer, the value of the order will be refunded, once the order has been received back at the Scootparts warehouse in good condition.
8.5
If a product is returned which, in the opinion of Scootparts, has suffered damage attributable to the customer's poor handling or negligence, or is otherwise at the customer's own risk, Scootparts will notify the customer accordingly by letter, fax or e-mail. Scootparts is entitled to downvalue the product as a consequence of such damage, and to withhold that amount from the sum refunded to the customer.
8.6
With respect to complaints about products, the customer must get in contact with Scootparts within three days of the delivery date.
8.7
The substance of the complaint will be established in consultation with the customer. If the complaint is well-founded, the value of the order for that product will be refunded, or a replacement product will be supplied in lieu.
Clause 9 Personal details
9.1
Personal data provided by the customer will be recorded on a file. The data will be used to fulfil the customer's order and will not be divulged to any third party.
9.2
The customer may inspect data held on the Scootparts file about him/herself at any time. The customer is entitled to demand that data be corrected if they are incorrect.
Clause 10 Scootparts can be contacted at:
T.0570 561547
F.0847 106801
E-mail info1@scootparts.nl
Postal address: P.O. Box 7, 8120 AA Olst
Clause 11 Miscellaneous
11.1
Wherever these conditions of supply apply, Scootparts will conduct itself fairly and reasonably. However, no right or entitlement can be derived from a flexible interpretation of these conditions of supply.
11.2
Scootparts is registered with the Chamber of Commerce at Zwolle under number 08083432.
Clause 12 Applicable law and settlement of disputes
12.1
Dutch law applies to all offers, orders and agreements by Scootparts.
12.2
Disputes between Scootparts and the customer will be submitted to the competent Dutch judge at Zutphen