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TERMS OF USE OF THE PARTSENDER.COM SERVICE

Valid from 14.08.2023

These Terms (hereinafter referred to as the "Terms") are an integral part of the sales and purchase agreements that the company PARTSENDER LTD. (hereinafter referred to as the "Seller"), registration address:Suite 12, The Capel Building, Mary’s Abbey, Dublin 7, D07 W2N2, concludes through an electronic environment (online store www.partsender.com) with its clients (hereinafter referred to as the "Buyers").

1. Purpose and object of use

  • The Seller sells and the Buyer buys the goods and services offered by the Seller (hereinafter referred to as the Goods) in the manner and on the terms provided for in the Terms.
  • The purpose of the Terms is to regulate the relations between the Seller and the Buyer when the Buyer purchases the Goods offered by the Seller. Based on the Terms, the Buyer submits orders to the Seller, and the Seller fulfills the corresponding orders. For each specific sale and purchase transaction, the Seller and the Buyer conclude a sale and purchase agreement by submitting and confirming an order (hereinafter referred to as the Agreement).
  • The set of services and goods included in the product is not fixed and may change over time. The seller has the right to unilaterally change the choice of goods at any time, i.e. stop offering a product or service or even an entire category of goods. However, accepted orders are subject to execution in accordance with the Terms and Conditions or, if execution is not possible, offset by the cost of the paid and undelivered Goods.
  • The exact quantity and list of the Goods sold to the Buyer are determined by the order submitted by the Buyer to the Seller under the Agreement.

2. Placing an order

  • To purchase the goods, the Buyer sends the Seller an order in the Seller's electronic environment (online store www.partsender.com). The order must contain the following:
  • what product, specified in the Seller's product selection, the Buyer orders;
  • what is the quantity of the ordered product;
  • what is the price of the ordered product;
  • what is the description of the ordered product;
  • what is the unique code of the ordered product.
  • The Buyer places orders based on the individual username and password chosen during registration. The Buyer has the right to change the password, but this does not affect its rights and obligations under these Terms. All orders placed through the specified user ID are considered to be the Buyer's orders and are binding on the Buyer. The Buyer bears the risks arising from possible misuse, unauthorized use and theft of the username and password.
  • The Seller sends a confirmation of acceptance of the order for execution to the e-mail address specified in the Seller's electronic environment or the user ID after receiving the Buyer's order. The contract of sale of a specific order is considered concluded from the moment of confirmation of the order.
  • The approximate delivery time of the Product depends on the type and manufacturer of the Product and is indicated in the Seller's electronic environment. The specified delivery date is approximate and is not a mandatory condition of the contract. The Seller is not responsible for exceeding the deadline. The Buyer has the right to cancel their order only by agreement with the Seller.
  • In case of impossibility to fulfill the order on the terms specified in the order, in particular in the quantity specified in the order, when choosing the goods or within the estimated delivery time specified in the Seller's electronic environment, the Seller undertakes to notify the Seller thereof. The Buyer in this case immediately after the impossibility of fulfilling the order appears, but no later than the expiration of the delivery period. In this case, failure to fulfill or improper fulfillment of the order is not considered a violation of the sales contract.

3. Product price and payment terms

  • The Buyer undertakes to pay for the Goods in accordance with the Seller's price list valid at the time of placing the order, which is available in the online store environment www.partsender.com. The Seller has the right to unilaterally make changes to the price list. Changes made to the price list do not apply to orders confirmed by the Seller before the price list is changed. The last sentence does not apply if the ordered Goods are not available in stock - in this case, the Seller has the right to change the price by agreement with the Buyer, and if no agreement is reached, the Buyer has the right to change the price. the right to cancel the unfulfilled part of the order and return the advance payment.
  • The Seller has the right to present the Buyer with an invoice for the ordered goods immediately after confirmation of the order in accordance with paragraph 2.
  • The Buyer shall pay the Seller for the goods on the basis of an invoice issued by the Seller no later than the payment deadline specified in the invoice. Payment of the purchase price shall be deemed to have been made from the moment the amount specified in the invoice (including VAT) is received in the Seller's bank account. The Seller has the right to suspend the execution of subsequent orders (the deadline for which comes after the date of payment for the previous order) until the obligations related to the previous order are fulfilled.
  • Payment methods for individuals and legal entities: Bank cards (when placing an order directly on the website), including Visa and/or MasterCard, as well as bank transfers to the Seller's account.

4. Transfer of goods, transfer of title and risk

  • The Seller delivers the goods to the Buyer at the location specified by the Buyer in the online store www.partsender.com when placing the Order (hereinafter referred to as the "Delivery Location"). The Seller organizes the transportation of the goods to the delivery location, the Buyer bears the costs of transporting the goods according to the price list of the courier service.
  • The Buyer is obliged to receive the goods at the delivery location within the agreed period (including time). If the Delivery Location is located at the Buyer's location or if it is determined by the Buyer, the Buyer undertakes to accept the Goods at the Delivery Location on business days during business hours. If the Buyer does not accept the ordered Goods within 14 calendar days from the agreed period, the Seller has the right to withdraw from the Agreement and demand from the Buyer a contractual penalty in the amount of the price of the Goods. The contractual penalty is added to the requirement to pay the price of the Goods, and the purpose of the contractual penalty is to force the Buyer to fulfill its obligations, and not to compensate for damages.
  • The Seller's obligation to transfer the goods is considered fulfilled from the moment the Goods are transferred to the Buyer by both the Seller and the Seller's representative (e.g. an outsourced delivery service). The risk of accidental loss of and damage to the goods passes to the Buyer upon the Seller's fulfillment of the delivery obligation.
  • The transfer of goods is formalized by an acceptance certificate (instead of the certificate, there may be a consignment note, delivery note, or delivery note-waybill or other equivalent document indicating the name and quantity of the delivered goods, instead of the certificate), the Goods are considered accepted from the moment of their signing. By signing the said certificate, the Buyer confirms that he/she has inspected the items thoroughly enough and that the Buyer is aware of their condition. The Buyer undertakes to note all defects found in the Goods in the acceptance certificate. Written confirmation by the Buyer of receipt of the Goods is also equivalent to the acceptance certificate of the Goods. If the Buyer fails to sign the acceptance certificate of the goods or the invoice/waybill no later than 3 days from the moment of delivery of the Goods (the status of the Goods is visible in the Personal Account). , the status is “Received at the warehouse” or “Ready for shipment” or “Received at the warehouse”) and from the moment the invoice is issued, it is considered that the Buyer has accepted the Goods and has no claims to the Goods.
  • The right of ownership of the goods shall pass from the Seller to the Buyer after the Buyer has paid the purchase price in full and fulfilled other obligations to the Seller related to the execution of the Agreement.
  • The minimum delivery time is 30 minutes from the moment of payment.
  • The maximum delivery time is 60 (Sixty) business days from the date of payment.

5. Product quality and notification of defects

  • The product must be of the quality that can normally be expected from this type of product and comply with the standards established by law, quality certificates and other requirements for the quality of the product.
  • Upon receipt of the Goods, the Buyer undertakes to immediately and thoroughly check their compliance with the terms of the contract, in particular, whether the Goods correspond to the description and whether they are in the correct quantity. If the Goods do not correspond to the terms of the contract, the Buyer is obliged to immediately, but no later than within one day, notify the Seller in writing and describe the defect in sufficient detail. If the Buyer fails to fulfill this obligation, he will not be able to refer to the non-compliance of the Goods with the terms of the contract or make claims to the Seller in the relevant part. In the event of detection of a hidden defect that arose in the quality of the Goods and which the Buyer was unable to detect during regular and careful inspection of the Goods, the Buyer is obliged to immediately, but no later than within two days, notify the Seller in writing. appearance of the defect and describe the defect in sufficient detail (additionally attach supporting photographs to the letter). A hidden defect is not a discrepancy between the Goods and the order, an incorrect quantity of the Goods or visible defects of the Goods.
  • If the Buyer notifies the Seller of the non-conformity of the Goods in the agreed manner and within the established time frame, a bilateral act on the defects of the Goods shall be drawn up within 5 (five) days in the presence of the Seller and the Customer. Buyer's representative. Unless otherwise agreed in writing or by e-mail, the act shall be drawn up at the Seller's Delivery Place (the current address with working hours is described in the electronic environment www.partsender.com), i.e. The Buyer must ensure that the seller can familiarize himself with the sold goods when drawing up the act. If the Seller's representative fails to appear within 5 (five) days to inspect the Goods and draw up the act, the Buyer has the right to draw up a unilateral act, which in this case shall be the basis for filing a claim against the Seller. If the Buyer fails to appear to draw up the act, or the Buyer does not provide the Seller with the opportunity to familiarize himself with the Goods being sold and other important information to assess the defect of the Goods, the Buyer loses the right to rely on the non-conformity of the Goods with the terms of the contract.
  • The Buyer cannot offset the amount paid for the defective Product with other amounts due to him in the event of an independent unilateral purchase.
  • In case of order cancellation or in other cases when the Buyer must return the ordered Product to the Seller, the Product must be in the same condition and packaging in which it was delivered. The Product and its packaging must be undamaged, clean and unused. If the comment "Attention: this product cannot be returned or exchanged!" appears when searching for and ordering the Product, the Buyer must take into account that the Product cannot be returned or exchanged in the manner prescribed by law, and the Buyer confirms this as a condition of the transaction when ordering the Product. This Product can be returned to the Seller only in the event of a mistake by the Seller (the Product does not correspond to the Order) and provided that the Product has not been used and is in good condition. The Buyer bears the direct costs associated with the return of the Product.
  • The Buyer has no right to refuse the ordered Goods or return the Goods after the order has been fulfilled, regardless of whether the Goods have been received or not.

6. Responsibility

  • The Seller shall be liable for non-conformity of the Goods with the terms of the contract if the non-conformity occurs when the risk of accidental loss or damage passes to the Buyer (clause 4).
  • The Seller shall not be liable for non-compliance of the Goods with the terms of the contract if the non-compliance is caused by the actions or inactions of the Buyer, in particular the Buyer's violation of the storage conditions, storage or operation of the Goods, as well as other circumstances that the Buyer can influence or for which the Buyer is responsible.
  • It is assumed that each Agreement and order is divided into parts. If the Seller violates the Terms only partially (for example, in relation to a part of the order), then the Buyer has the right to refuse to fulfill the Terms only in relation to the relevant part or detail, and the remaining part of the Terms or order is subject to fulfillment and the Buyer must pay for it.
  • The Buyer has no right to demand replacement of the Goods or refund of the price paid if the defect of the Goods is not significant, if the defect can be eliminated or if replacement of the Goods is unreasonably expensive or time-consuming - consumer for the Seller.
  • The Agreement may not be terminated unless the Party entitled to terminate it has not withdrawn from it within one month from the date on which it became aware of the material breach or became aware of it.
  • In case of non-compliance of the Goods with the terms of the contract, the Buyer has the right to demand compensation only for such damages that are directly related to the non-compliance of the Goods. The Buyer has no right to demand compensation for damages related to the use of non-conforming Goods or damage to other items.
  • The sales warranty period is 36 months. The Buyer is obliged to immediately notify the Seller of any defects that appear during the warranty period and take measures to prevent damage to the Goods, otherwise he will lose his rights under the warranty. The Seller's warranty obligation does not extend to the part in which defects appeared in the Goods due to violation of the rules of operation or storage of the Goods, as well as other circumstances that the Buyer can influence or for which the Buyer is responsible. When notifying of the occurrence of a warranty event, the Seller, within a reasonable time, explains to the Buyer the options and procedure for eliminating the defect, as well as the documents that the Buyer must provide in confirmation of the defect. The Buyer bears the costs associated with the identification of defects, which are covered during the warranty period.
  • In case of delay in the performance of a financial obligation or breach of another obligation, the Seller has the right to demand from the Buyer zero point two percent (0.2%) of the unpaid financial obligation for each day of delay, or in case of breach of another obligation of the Buyer - 0.1% of the cost of the Goods for each day of delay in the performance of the obligation. The purpose of the delay is to force the Buyer to fulfill its obligations, and not to compensate for losses.
  • The Seller is liable under the sales warranty only if the Buyer proves the defect of the Goods at the official representative office of the relevant manufacturer, observing all the requirements and procedures of the manufacturer for handling the Goods and identifying the defect. The Buyer bears the costs associated with identifying defects, which are covered during the warranty period.

7. Force majeure circumstances

  • Failure to perform or improper performance of obligations arising from the Terms and Conditions shall not be considered a breach of the Terms and Conditions if it is caused by a circumstance which the Parties could not influence, could not and should not have foreseen or prevented (force majeure circumstances). Force majeure circumstances include, in particular, wars, enemy actions, fires, general strikes, natural disasters, epidemics, export-import bans, restrictions imposed or changed by the government or any other representative of state power, including the issuance or adoption of acts of force majeure. Such rules, conditions and actions that change the material performance of the contract by the Seller in accordance with its originally agreed terms and costs, or compliance with which entails the obligation of the Seller to comply with significant additional restrictions or requirements in the provision of services or sale of goods.
  • Despite the occurrence of force majeure circumstances, the Parties are obliged to take reasonable measures to prevent and reduce damage that has occurred or may occur. If the force majeure circumstance is temporary, the breach of the obligation is excusable only during the time when the circumstance prevented the fulfillment of the obligation.
    A Party whose activity in fulfilling contractual obligations is hindered due to force majeure circumstances is obliged to immediately notify the other Party thereof in the manner prescribed by law by e-mail or via the electronic website www.partsender.com.
  • If force majeure circumstances last for more than 90 calendar days, the Terms shall be deemed terminated due to impossibility of performance. In this case, neither Party shall have the right to demand compensation from the other Party for damages caused by non-performance or improper performance of the Terms.

8. Confidentiality

  • The Terms and the agreements concluded on their basis, especially sales data, are confidential and may not be published without the written consent of the other Party. Disclosure of data contained in the Terms to representatives of the Parties, partners, employees or other persons involved in the execution of the order, as well as auditors and persons exercising public powers with the appropriate competence, shall not be considered a violation. confidentiality requirements.
  • The Party that violates the confidentiality requirement provided for in paragraph 8 shall be obliged to pay the other Party a fine in the amount of €100 000.

9. Applicable Law and Dispute Resolution

  • The present Terms and the conclusion, execution, modification, termination and interpretation of the Terms on their basis, as well as the resolution of disputes related to the Terms, their violation, are subject to the law of Ireland, termination or invalidity.
  • Disagreements arising from the framework conditions and the Agreement will be resolved through negotiations and by agreement of the Parties. If negotiations fail to produce results, the disputes that have arisen will be finally resolved in the courts ofIreland.

10. Final Provisions

  • Communications related to the terms and conditions between the parties must be in a form that allows written reproduction (letter, fax, e-mail, notification in the Seller’s online store environment www.partsender.com), unless otherwise specified in the Framework Terms and Conditions.
  • Upon conclusion of the Terms, all previous agreements between the Parties related to the subject and purposes, as well as other agreements, shall lose their force. Previous agreements of the Parties not regulated by these Terms shall be valid only to the extent that they were separately agreed upon in the terms. In the part not regulated by the terms, the provisions of the law shall apply.
  • The Seller has the right to unilaterally change the Terms. Changes apply to those orders that are made after the announcement of changes in the environment of the online store www.partsender.com. The revision of the terms and conditions in effect at the time of placing the order applies to orders made before that.
  • If any provision of the Terms is invalid or ineffective or otherwise unenforceable, this shall not render the Terms invalid. In such a case, the invalid or inapplicable provision shall be deemed to be replaced by a provision that comes as close as possible to the invalid or inapplicable provision. The Parties shall do everything possible to ensure that the Terms remain in effect to the maximum extent possible, as intended by the Parties.
  • The Parties confirm that the Terms are clearly understood by them and that they understand the content of the rights and obligations arising from the Terms.