These sales- and delivery conditions is applicable on Web-parts A/S (”Web-parts”) sale through website www.Web-parts.com. Web-parts is an internet based public market place, which gives companies (Costumer) the possibility to search after and buy spare parts for primarily agricultural machinery (Products). On Web-parts the Customer finds a broad variety of spare parts from leading manufacturers and distributors (Vendor). Web-parts functions as the connecting link between potential buyers and vendors, and Web-parts assumes, in that connection, the tasks of ordering products and charging. All matters in relation to delivery, claims and possible return of products are handled by the salesperson who has provided the product on Web-parts. Web-parts advertises the products on behalf of the vendor, and regardless of the fact that the sales agreement, that’s been announced on Web-parts, is entered into between Web-parts and Costumer, every condition regarding fulfillment of the agreement will be a matter between the Customer and the Vendor, who put the product for sale on Web-parts. Web-parts can therefore not be held responsible for delays, deficiencies or other breaches. The customer will receive, together with the order confirmation, information about the identity of Vendor. All information about a product originates from Vendor, not from Web-parts. Web-parts is not responsible for, nor guarantees, the performance and suitability of a particular product purpose.
CONTENT ON WEBSITE
The material shown on Web-parts is intended only as information. Web-parts encourages Vendor to be thorough and precise, and otherwise to exercise due diligence and follow best practice in connection with assessment of Products´ suitability. It’s not possible for Web-parts to verify the information Vendor supplies regarding the individual product. The advertisements is solely to be considered as an invitation to make deals, and final agreement regarding delivery of a Product is therefore first entered into when the Costumer receives the order confirmation. Products being out of stock may occur. All information can therefore not be construed as warranted characteristics of the product, unless a special agreement is arranged. Furthermore, Costumer has the possibility to order a video presentation of a Product before purchase. Through this video presentation, the customer will get a more detailed description / presentation of the Product. All content, including text, graphic, software and other material on the website as well as set-up and processing of such content is owned by Web-parts and is protected by the Danish law regarding copyright. All use, including distribution, publication, reproduction, display or other use of content on the site is permitted only with Web-parts explicit written permission.
REGISTRATE AS CUSTOMER
To achieve access to be able to buy Products on Web-parts.com, the Customer must a) enter your contact data and other personal information by filling in an online register form as well as b) accept to be subject to the agreement. Web-parts saves the information the Costumer fills in, enabling the Customer to utilise the website without having to fill in the information again. Only persons of majority can registrate as users of the website. By registrering yourself as user, the Customer guarantees that the filled in information is true and accurate, and that the customer will update any changes to the information on the site right away. Web-parts has the right to refuse future use of the site by valid reason to suspect that information is false, inaccurate, not current or incomplete, or if the Customer does not follow terms and conditions of this user agreement. As part of the registration process the Costumer will be asked to choose a username and a password. It is your responsible to project your username and password, and notify Web-parts via e-mail (firstname.lastname@example.org) in case of knowledge or suspicion of unauthorised use of username and password. The Customer is responsible for all use of your username and password, until Web-parts receives such a notification. PROTECTION OF PERSONAL INFORMATION AND DISCLOSURE OF THESE Web-parts will exercise reasonable authority to protect Customers personal information, and strives to ensure that the stored data is protected from unauthorised access. However, Web-parts cannot guarantee for the security of our database, nor guarantee that the information provided by the Costumer is not intercepted during transmission to Web-parts via the Internet. Web-parts has the right to use and disclose your user information (for example username and e-mail address) to Vendor, unless the Costumer explicitly notifies Web-parts otherwise. The information can for instance be passed on to parties, which Web-parts believe can be of interest to you, for instance distributors of products or services related to the Products that the Costumer has sought after or viewed on Web-parts. Information is passed on within the boundaries of applicable laws.
OFFERS, PRICES AND TERMS OF PAYMENT
All prices on Web-parts.com are provided excluding VAT, other taxes, charges and shipping costs. The Costumer is therefore sole responsible for meeting charges etc. in relation to import of Products. In this context, the Costumer is made aware that the Product is dispatched from the Vendor. Prices are quoted as cash sales prices. Payment needs to be received by Web-parts, before Web-parts notify Vendor, that delivery must be made.
Web-parts retains ownership of the products if credit is granted to the customer, until the customer has paid the full amount to Web-parts in relation to the agreement. Until the products are fully paid, the costumer commits to keeping them safe and insured against all risks.
Unless other agreements are made, the Vendor delivers Web-parts’ products to the address supplied by the costumer. The stated date and time of delivery is based on information from Vendor, and is therefore not binding for Web-parts. Web-parts can only be held responsible for late delivery, if the customer´s requirements in this regard may be claimed covered by Vendor and in case Vendor agrees herein. Web-parts is therefore not responsible for any delays, which are caused by conditions outside Web-parts’ control, including conditions at Vendor.
The products will live up to the specifications in the advertisementWeb-parts.. No guarantee is granted, neither explicitly nor implied, with respect to suitability or durability. The customer must, as soon as the Products are received, inspect these in order to determine if the Product corresponds to the specifications under which the Product is sold. Any complaints should be sent to SælgerWeb-parts, within 14 days of receiving the Product. Web-parts If the Vendor approves this, SælgerWeb-parts will, following SælgerWeb-parts own decision, correct the relationship, make a replacement or refund the purchase price without supplements erlagte . SælgerWeb-parts will not otherwise be liable for damage or loss caused by defects or deficiencies in a product, including loss of income or other costs the customer may have incurred due to the defects or deficiencies. Web-parts has no liability for defects in the products.
The Costumer has the right to return Products. The right to return is subject to the product being returned and received by the Vendor no later than 14 days after dispatch. The right to return is conditioned by the product being returned in the same condition as when received, and if the Product was received in original packaging, this must not be broken. Delivery of the service ”video enquiry” is not subject to any right of return. The right to return can only be utilised by returning the Product to the address the Customer received with the Product. The address can also be found on Web-parts.com under ”the return of products.” Any matter relating to the return of Products is a matter between the Customer and Vendor, and should the customer not receive erlagte remuneration after returning the Product, this can only be recovered from Vendor. Web-parts shall not be liable for repayment.
The Customer has no right to cancel the ordered Products.
If one or more provisions of this user agreement are not legally enforceable, such provisions shall be applicable to the fullest extent permitted by applicable law.
LIMITATION OF LIABILITY
Web-parts is not involved in the transaction regarding delivery of the Product, and this relationship is therefore solely a relationship between the Costumer and Vendor. Web-parts assumes no responsibility for the Products the customers buy by using Web-parts.com. The descriptions of the products is supplied by the Vendor, which means that Web-parts can’t guarantee the accuracy/correctness of the advertisements, the quality, safety or legality of what is offered. Web-parts can not guarantee continuous or secure access to Web-parts.com. As a result, Web-parts explicitly waives – in the extent to which it’s legally permitted – all guarantees, warranties and conditions, expressed or implied, including quality, merchantability, merchantable quality, durability, suitability for a particular purpose, and what is deriving from legislation. Web-parts is not responsible for loss, regardless of whether it relates to money (including gains), goodwill or reputation or other special, indirect or consequential damages, arising out of your use of our website and products, although the Customer notifies Web-parts hereof, or Web-parts could reasonably foresee the possibility of such damages. Should Web-parts be found responsible despite of the previous sections, Web-parts responsibility towards the customer or any third-party (whether such liability arose contractually, outside the contract, by negligence, objective liability, law or otherwise) is limited to the greatest of (a) the total price the Customer paid for the Product prior to the matter that gives rise to liabilities, or (b) DKK 50.000,-.
If a party´s ability to fulfill the agreement must be regarded as excluded by circumstances, which is not of such a nature, that the party when entering the agreement should have taken them into account, such as incidental loss of all objects of the type or the batch, the agreement specifies, in case of war, fire, floods, import bans, strike, riot or similar, the party is not responsible towards the other party assuming that the party in question notifies the other party about the circumstances immediately. The prevented party’s fulfillment of the agreement is suspended in the period of time, where the circumstances exist; however, the other party shall be entitled to terminate the contract fully or partly, if the circumstances last more than 30 days.
DURATION AND TERMINATION
These terms and conditions enter into force when the Customer accepts them and applies until further notice. Web-parts can at any time and at its sole discretion deny a Costumer access to Web-parts.com, who do not comply with these terms and conditions or disturb other users or the site itself.
LAW AND VENUE
The agreement between Web-parts and the Customer is subject to Danish law, and proper venue in the first instance will be the court in Herning, Denmark. This applies regardless of international rules on jurisdiction and applicable law implemented in Danish law.
These terms, and the other related terms specified on Web-parts.com, constitute the whole agreement between Web-parts and the Costumer and replace all previous agreements. If Web-parts does not enforce any particular provision, it does not mean that Web-parts waives our right to do so at a later stage. If a court of law finds any of these conditions invalid, the remaining conditions still apply. We may hand-over this agreement at its discretion in accordance with the following provisions regarding notification. Web-parts can update these conditions at any time so that updates take effect the next time the Customer buys a product or after 30 days, depending on what happens first. No other amendment to this agreement will be valid unless submitted in writing.