Terms and Conditions

Introduction

Please read carefully, before submitting your order.
The Terms & Conditions tell you important information about us and how we handle your order.

If you have any questions or concerns, do not hesitate to contact us. (link to contact)
We may update these Terms and Conditions without prior notice, therefore it is important that they are read through before every confirmation of an order.

Every Customer are obliged at the moment of ordering to become acquainted with our Terms & Conditions. Before placing the order:
All account registrations have to include a valid company registration number. Alternatively, we will reject the account application/order.
The prices of all products available in our shop are shown as:
- including VAT (gross price).
- excluding VAT (net price).
The spareparts supplied under these Terms & Conditions, are traded by Formula Automobile AS, incorporated in Denmark under company number 26181992 ("SPARES.NET")

1. General terms and conditions of sales

1.1 These terms & Conditions apply to all national and international sales of products by SPARES.NET, unless otherwise explictly agreed upon in writing. Consequently, SPARES.NET does not accept to by bound by a customer´s general terms and conditions forwaded to SPARES.NET alongside with purchase orders.

1.2 SPARES.NET is only accepting orders from trade/business customers ("customers") and not from consumers, private persons or companies without a valid company registration number.

1.3 with the confirmation of an order, the customer is accpeting and confirming that the ordered parts are for business purposes and not private.

2. Orders

2.1 Orders placed through SPARES.NET´s website - www.spares.net - by clicking the button "checkout" and flagging the acceptance of SPARES.NET "Terms & Conditions", is considered binding and as a confirmation that the person placing the order is authorised by the registered company account under which the order is placed, to place the order.
2.2 For customer accounts accepted for prepayment only, the customer is shown the details of the order, including total order price (incl. all Danish taxes and shipping costs), before confirming the order.
2.3 For custmer accounts with creditterms, the customer is shown the details of the order, including total order price (incl. all Danish taxes) before confirming the order.
2.4 Upon SPARES.NET´s receipt of the orer, the customer will receive and automated e-mail containing the following information:

Description of items, amount, price
Total order price (including Danish taxes)
Delivery expenses that may arise

2.5 The aforementioned automatic e-mail is an order confirmation only. The order will, subsequently be reviewed by SPARES.NET and processed in SPARES.NET´s system. For clarification, SPARES.NET may contact the customer through the e-mail addresse provided when submitting the order, -if any changes or notes are added to the order, inter alia:

if replacements of a partnumber have been made by SPARES.NET´s suppliers, for the customers acceptance or cancellation
if a part is in backorder with SPARES.NET supplier, for the customer´s acceptance to keep the order or cancellation
if any questions to the order arise with the sales staff of SPARES.NET

2.6 SPARES.NET reserves the right to cancel any order by a customer with whhom a dispute exists regarding payment for a previous order, or for any other legitimate reason associated to the orders unusual nature. SPARES.NET shall not be liable for any loss incurred by the customer in connection with such cancellation. If SPARES.NET refuses an order, the customer will be informed immediately by e-mail.
2.7 SPARES.NET will save data submitted by the customer for documentation and processing of the order.

3. Duties & Taxes

3.1 The price shown is inclusive of all Danish local duties and taxes
3.2 Any duties or taxes which are applicable in the customer´s local country where the parts are delivered, is the customer´s OWN RESPONSBILITY. SPARES.NET is not in any way responsible for any duties, charges or taxes which are applicable for the delivery in any countries outside the EU. It will at all times be the customer´s responsibility to know importing laws of the country they request delivery to.
3.3 If a shipment is delayed in local custom offices before clearance, SPARES.NET is not to be held responsible for any costs or loss the customer will face or incur because of this delay.

4. Payment

Creditcard

4.1 All payments must be effected by credit card or any other payment option offered on the website, using the online ordering facility. Customers wishing to use alternative forms of payment must contact SPARES.NET directly to arrange and place the order.
4.2 By confirming the payment by creditcard, the confirming person warrants to have the necessary authorizations to use the method of payment by creditcard issued to the customer. SPARES.NET reserves the right to cancel any order and/or shipping (regardless of its nature and the delivery stage it is at) if the customer fails to pay any partial amount or the orders full sum. Notwithstanding the forementioned, any new order may be cancelled if a dispute existsts regarding the customer´s payment for a previous order. In order to ensure greater safety for SPARES.NET customers, SPARES.NET reserves the right to request, if necessary and before the order is dispatched, a copy of ID card for all payments made by creditcard. For any amounts exceeding 500 (fivehundred) EUR, including taxes, SPARES.NET reserves the right to ask for a certified copy of the ID card of the person authorized by the customer to place the order. In order to prevent any online fraud, the details given when placing an order may be transfered to third parties for verification purposes.
4.3 The payment gateway of SPARES.NET is provided by DIBS transaction systems, which assures all details provided for a payment by creditcard is encrypted to guarantee the highest possible standard of safety and confidentiality, and they are stored in a secure server.

Alternative payment methods

4.4 The customer can at all times request for "credit terms" or "payment before shipment" terms to be able to place the orders without using creditcard prepayment. For such request please contact SPARES.NET directly to have the application procedure.
4.5 All prices paid is in EUR, unless otherwise is clearly stated.

5. Supply & Delivery

5.1 The order placed by the customer can include parts with different supply schedules, which will be advised by the "delivery" information given for each part on the time of order. Ordered parts not present in SPARES.NET stock, will be ordered with the relevant suppliers immediately after receipt of the order and will be ready for shipment within the mentioned time frame given in the "delivery" information. The information is to be used as a guideline and not a guarantee. If the customer has any doubts or questions with regards to delivery time of a certain product, the customer is encouraged to contact SPARES.NET before placing the order.

5.2 The delivery time frame, can be expanded depending of the content and combination of the order.
5.3 If an order contains parts with different supply schedules, SPARES.NET will, unless otherwise agreed, dispatch the full order when the order is complete.
5.4 If an order only contains items in stock, SPARES.NET will do our best effort to dispatch the same day.
5.5 An order is sent by SPARES.NET´s choice of courier and method at all times, depending on the shipment method available for the place of delivery in question. All orders and products are delivered ex.works, cf. Incoterms 2020, unless otherwise agreed.
5.6 Customers are entitled to use their own courier, subject to approval by SPARES.NET that the shipment can be organised.
5.7 SPARES.NET cannot be held responsible for any goods lost or damaged, on shipments organized by the buyer/customer.
5.8 SPARES.NET cannot allow personal collections on SPARES.NET premises by the buyer/customer, if there is no local VAT (25%) applied to the order.
5.9 Any special requirements for an order or shipment, must be given at the time of placing the order.
In such case, the shipment price quoted in the order estimate/confirmation on the website will not apply but will be altered depending on the customer´s special requirements.
4.10 Upon delivery of the order, the buyer/customer must report and discrepencies or shortages, no later than 3days after signing for the delivery with the courier/transporter

6. Claims and limitation of liability

6.1 The customer acknowledges that SPARES.NET, is not the manufacturer of any of the products supplied, and therefore acknowledges when confirming an order:

Since SPARES.NET only sells to businesses with a valid company registration number, ALL sales are considered as trade sales.
Any warranty which would apply to a purchased product will be mentioned in the orderconfirmation, if it applies.
Any warranty request which will be addressed to SPARES.NET, will be passed to the relevant supplier for validation and any outcome will be passed to the customer
For any products which do not have a manufacturer warranty, SPARES.NET warrants that the poduct sold is conforming with the description given on the website/orderconfirmation

6.2 The customer is obliged to examine and sign for the products upon receipt. Claims for discrepancies or shortages in a delivered order must be made to SPARES.NET no later than 3 days after receipt of the ordered products.
6.3
Any claim for lack of conformity of a product must be made to SPARES.NET immidiatly after the defect has been discovered, but no lataer than 3 months after receipt of the product.
6.4 Any claim will be reviewed, provided that:

The product has been correctly stored
The product has not been altered in any way including by any third party when installing the part into a vehicle
Claims sent for any electronic components will only be reviewed if the claim contains proof and evidence that the component have been installed following the Authorized dealer workshop manual and procedures
- SPARES.NET are only selling the components and have no liability for providing installation manuals or processes in accordance with the components supplied

6.5 if SPARES.NET has been duly informed and it has been proven that the products where defective at delivery and that SPARES.NET is therefore liable, SPARES.NET shall in its own discretion have the right to elect - without any further liability, including but not limited to payment of damages or reduction of purchase price - to repair or renew defective parts or to replace the delivered products. SPARES.NET does not cover the costs, if the customer purchases a replacement item from an alternative supplier or source.
6.6 SPARES.NET is not liable for any defect due to misuse, alteration or modification, misfitting or any defect occured after delivery. The customer shall prove that the relevant maintenance and operating procedures have been complied with.
6.7 if repair or replacement, cf. 6.6 above, implies that the product will have to be dismounted, the customer shall perform the dismounting and the mounting of the repaired or replaced products at its own cost.
6.8 SPARES.NET shall not be liable for, and therefore expressly disclaims, any remedy, damages or compensation for trading loss, operating loss, loss of profits and similar financial conseqiential losses or indirect losses, including claims from third parties. Accordingly, CISG Art. 74, cf. Art. 45, is deviated from.
6.9 To the fullest extent permitted by law, the customer agrees to limit SPARES.NET´s liability for any and all claims, losses, costs and damages of any nature whatsoever, so that the total agreegate liability of SPARES.NET shall not exceed the total purchase sum paid by the customer to SPARES.NET for the relevant products.
6.10 Any claim must be put forward to SPARES.NET by e-mail to: info@spares.net

7 Product liability

7.1 SPARES.NET shall be liable for any damage due to product liability according to the general rules of Danish law, including the Danish Product Liability act which is based on EU Directive 85/374.
7.2 Notwithstanding clause 7.1, the following specific limitations shall apply:
7.2.1 SPARES.NET shall not be liable for any damage to property caused by the product after it has been delivered and whils it is in the possession of the customer, or to products of which the customer´s products form part.
7.2.2 if SPARES.NET incurs liability towards any third party for such damage to property as described in 7.2.1, the customer shall indemnify, defend and hold harmess SPARES.NET.
7.2.3 SPARES.NET shall not be liable for, and therefore epxressly disclaims, any remedy, damages or compensation for trading loss, operating loss, loss of profits and similar financial consequential losses or indirect losses, including claims from third parties.
7.3 The limitations set out in 7.2 shall not apply where SPARES.NET has been guilty of gross neglience.

8. Returns

8.1 Any returns in any forms is not accepted without prior agreement and confirmation by SPARES.NET

9. Force Majeure

9.1 SPARES.NET cannot be held liable for shortages, lack or delays in delivery caused by war, riots, civil unrest, governmental intervention or intervention by another public authority, fire, machine damage, strike, lockout, epidemics or pandemics, export and/or import restrictions, shortage of labor, fuel or any other reason out of the contol of SPARES.NET and which causes delay or prevents production or delivery of the products ordered.

10. Governing law and venue

10.1 These Terms & Conditions shall be interpreted in accordance with and governed by the CISG. Any and all disputes relating to or arising in connection with these Terms & Conditions which cannot be resolved in accordance with the CISG shall be resolved in accordance with Danish law. The parties consent to the exclusive jurisdiction and venue in the Danish Maritime and Commercial High Court (in copenhagen), unless SPARES.NET should wish to brng the case before another competent court of law.

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