Categories
Our Newsletter
Terms & Conditions
For a pdf version of our Terms & Conditions click here to download/open.
1. Definitions
1.1 Account: personal account that can be activated and maintained by the Customer;
1.2 Agreement: an agreement between Exmo Custom Parts and Customer for the purchase of Products;
1.3 Customer: natural person that is using the Website and/or purchasing Products through the Website;
1.4 Exmo Custom Parts: the company made and existing under Dutch law “Exmo Custom Parts” having its registered office in Zuid-Limburg the Netherlands (trade register number 51262630);
1.5 Intellectual Property Rights: means any patent, design, copyright, design right, model rights, trade mark as well as any application to register any of the aforementioned rights, trade secrets, know-how, sui generis rights in databases and any other intellectual or industrial right of whatever nature in any part of the world;
1.6 Order: an offer for an Agreement made by Customer for the purchase of Products.
1.7 Products: means the products that can be ordered by the Customer by means of the Website.
1.8 Terms: means these Exmo Custom Parts General Terms and Conditions.
1.9 Website: the website(s) of Exmo Custom Parts on which the Products are being offered for sale.
2. General
2.1 These Terms apply to any and all Orders and Agreements as well as any use the Customer makes of the Website, including but not limited to purchasing Products.
2.2 Any deviation from these Terms will be valid only if and to the extent that it has been expressly confirmed by Exmo Custom Parts in writing.
2.3 The applicability of any general or specific conditions or stipulations of the Customer are explicitly excluded.
Back to top
3. Offers and Agreement
3.1 All offers made by Exmo Custom Parts are made without obligation, unless stated otherwise, explicitly and in writing.
3.2 Any offer, specification or quotation from Exmo Custom Parts will serve only as an invitation to Customer to place an Order.
3.3 Any Agreement will be concluded only if and insofar as Exmo Custom Parts has accepted an Order (offer for an Agreement) in writing or electronically. Exmo Custom Parts has the right to refuse Orders and/or to attach additional conditions to the Orders. If Exmo Custom Parts does not accept your Order, we will inform you thereof within ten (10) working days.
3.4 Exmo Custom Parts has the right to amend and/or change prices of Products.
Back to top
4. Communication
4.1 All communication between Exmo Custom Parts and Customer can be performed electronically.
4.2 The version of the electronic communication stored by Exmo Custom Parts will constitute proof thereof, subject to evidence furnished to the contrary by Customer.
4.3 Electronic communication is deemed to have been received on the day it has been sent by Exmo Custom Parts, subject to evidence furnished to the contrary by Customer. In the event the electronic communication has not been received as a result of delivery and/or accessibility problems regarding Customer’s email box, this will be for Customer’s own risk and account, also in the event the email box is located at a third party such as an ISP.
4.4 Exmo Custom Parts is not responsible and/or liable for any Orders and/or communications that have not or not completely been received, delays in communications and/or any other loss of data and/or Orders as a result of the use of the internet and/or other means of communication between Customer and Exmo Custom Parts and/or between Exmo Custom Parts and third parties, unless this is the result of gross negligence or intentional acts or omissions of Exmo Custom Parts itself or its management.
Back to top
5. Account
5.1 In order to make optimum use of the Website Customer will have to create an Account in the manner as described on the Website. Exmo Custom Parts may at its own discretion decide whether or not to supply Customer with an account. When creating an Account Customer must choose a password and log-in name.
5.2 When creating your Account, you are required to provide true and accurate information. Violation of this rule may result – among other measures - in termination of your Account.
5.3 Customer is solely responsible for maintaining the confidentiality of his password and log-in name. Customer is responsible and liable for all activities conducted through its Account, even if this occurs without his permission.
5.4 Customer agrees to immediately notify Exmo Custom Parts in writing of any unauthorised and/or fraudulent use of his Account. Customer agrees to indemnify Exmo Custom Parts against any and all third party claims and all related liabilities arising out of, or relating to, the use of his Account.
5.5 Exmo Custom Parts reserves the right to change the Account as well as the password and/or log-in name of Customer, if this is in the interest of the functioning of the Website or to prevent fraudulent use of the Website.
6. Delivery
6.1 Exmo Custom Parts will deliver the Products in the manner as described on the Website.
6.2 All delivery dates and delivery times mentioned on the Website and in the purchasing procedure are indicative. Exmo Custom Parts will try to deliver the Products within a reasonable time, but at least within thirty (30) working days, unless Exmo Custom Parts’s confirmation of the Order already mentions an other – longer - delivery term. If Exmo Custom Parts is unable to deliver the Products within thirty (30) working days, it will notify Customer thereof. Customer then has the possibility to terminate the Agreement, free of charge, until delivery of the Products. If Customer terminates the Agreement as provided for in this article 6.2, Exmo Custom Parts will return the payments already made, within thirty (30) days.
6.3 Exceeding the delivery time and/or date will not entitle Customer to any compensation and/or damages other than return of the payments already made.
6.4 Deliveries of the Products takes place the moments the Products are delivered at the delivery address provided by Customer or are handed over to Customer or his representative.
7. Retention of title
7.1 All Products delivered by Exmo Custom Parts, shall remain Exmo Custom Parts’s property until Customer has fulfilled all of his obligations under the Agreement, including but not limited to payment obligations.
7.2 Customer shall not be authorised to pledge or encumber in any way the Products falling under the retention of title.
7.3 The risk of loss of, or damage to the Products shall be transferred to Customer the moment said Products are delivered to the Customer as described in article 6.4.
8. Right of withdrawal
8.1 Immediately after delivery Customer will check the Products for their conformity with the Agreement. In the event of any defect, Customer will as soon as reasonably possible but at least within two (2) months after such discovery notify Exmo Custom Parts in writing. The written notification must contain a clear description of the defects.
8.2 In the event it has been demonstrated that the Product does not conform with the Agreement, Exmo Custom Parts, at its sole discretion, has the choice to, upon return of the defected Product, i) replace it, or ii) to refund the purchase price as well as any delivery costs.
8.3 If Customer, for whatever reason, does not wish to keep the Product after delivery, Customer has the right to terminate the Agreement within seven (7) days of delivery. Upon termination of the Agreement as stated in this article, Customer must immediately return the Product. If the Product has already been paid for, Exmo Custom Parts will refund the purchase prices as well as any delivery costs.
8.4 Termination of the Agreement and subsequent return of the Product will have no legal effect and will be void in the event the Products have been used and/or are damaged. The costs directly pertaining to the return of the Product are at the Customer’s expense.
9. Prices and payment
9.1 All Exmo Custom Parts’s prices and rates are in Euros and inclusive of VAT and exclusive other levies, including but not limited to delivery costs, unless stated otherwise on the Website.
9.2 Customer can pay for the Products by making use of one of the payment methods as provided for on the Website and during the purchasing procedure. Customer acknowledges and agrees that further conditions, including but not limited to payment obligations, may apply to the purchase of the Product.
9.3 The prices stated in the purchasing procedure, are in principle binding. In the event that during the purchasing procedure a higher price is stated for the same Product then elsewhere on the Website, Customer has the right to terminate the Agreement within two (2) days after conclusion of the Agreement,
notwithstanding the Customer’s other rights under mandatory applicable law.
9.4 Exmo Custom Parts is not (legally) bound to any offers and/or Agreements in the event of a printer’s error and/or programming error on the website, including but not limited to prices of which Customer reasonably must understand they are incorrect.
9.5 In the event Customer does not pay timely and/or not completely, Exmo Custom Parts reserve the right to suspend and/or terminate the Agreement.
9.6 If the Customer fails to comply with its payment obligations, it will be in default ipso jure, without a warning or notice of default being required. As of such time, the Customer is due to pay 1% interest per month over the amount due, part of the month to be taken as one whole month. In the event that such contractual interest is conflicting with applicable mandatory law, the statutory interest will be applicable.
9.7 If the Customer, having been served notice of default, fails to pay the amount due, plus interest, Exmo Custom Parts may engage a debt collection agency for the collection of the amount due. In such an event, the Customer, in addition to the main sum plus statutory interest, must expressly pay the extrajudicial costs as well as any judicial costs in addition to any compensation assigned in the legal action. The extrajudicial costs will at least amount to 15% of the main sum, with a minimum of € 250.
10. Intellectual Property rights
10.1 All Intellectual Property Rights in the Website, the Products and/or any other material published, prepared or supplied by Exmo Custom Parts to the Customer shall remain vested in Exmo Custom Parts and/or its licensors.
10.2 Nothing in these Terms and/or the Agreement will be construed as granting and/or transferring any Intellectual Property Rights, by license or otherwise, to Customer.
11. Liabilities
11.1 The liability of Exmo Custom Parts as to an attributable failure in the performance of the Agreement and/or an unlawful act shall remain limited to compensation of the direct damages suffered by the Customer to a maximum of the total amount paid by Customer under the Agreement. The maximum liability for direct damages shall per event not exceed the amount of two hundred and fifty euros
(€ 250,-).
11.2 Direct damages are exclusively defined as the costs the Customer reasonably incurred in repairing or resolving Exmo Custom Parts´s failure to perform, in order to make performance of Exmo Custom Parts comply with the Agreement, and the reasonable costs of preventing or limiting such damages and the reasonable costs of establishing the cause and the scope of such damages.
11.3 Exmo Custom Parts shall not be liable for any other damages than direct damages including, but not limited to, consequential damages arising out of, or in connection with this Agreement, such as, but not limited to, loss of profit, loss of business, loss of anticipated savings, or any other similar financial loss or loss of goodwill.
11.4 In any event, Customer’s right to claim damages under this article, under tort or otherwise shall lapse one (1) year after the occurrence giving rise to the claim or action.
11.5 The limitations mentioned in article 11.1 shall not apply if and insofar as the damage or injury is the result of intentional acts or omissions or gross negligence by the other Party or its board of directors.
Back to top
12. Privacy
12.1 Exmo Custom Parts will process and use the personal data of Customer in accordance with the Exmo Custom Parts Privacy Statement which can be consulted here [url].
Back to top
13. Applicable law and disputes
13.1 These Terms as well as the Agreement and any use of the Website will be governed by Dutch law.
13.2 Any disputes arising from the Agreement and/or the use of the Website will be submitted to the competent Court in Amsterdam, The Netherlands unless mandatory national and/or international law stipulates otherwise.
Back to top
14. Miscellaneous
14.1 Should any term or provision of these Terms be or become invalid or unenforceable, the validity or enforceability of the other provisions of these Terms shall not be affected thereby. The invalid or unenforceable provision shall be deemed to be substituted by a suitable and equitable one which, to the extent legally permissible, comes as close as possible to the intent and purpose of the invalid or unenforceable provision.
14.2 Exmo Custom Parts is entitled to use third parties in the performance of the Agreement.
14.3 Applicability of the UN Convention on Contracts for the International Sale of Goods (Vienna Sales Convention) is hereby excluded.