Terms and Conditions
For the purposes of the present general terms and conditions of sale, the terms starting with a capital letter have the meaning assigned to them in Article 13 hereinafter referred to as “Definitions”. The present general terms and conditions of sale apply to all Products sold by the Company through the Website and that are delivered in the Netherlands. The customer of the Company accepts the present general terms and conditions of sale without reservation, as soon as he ticks them by means of an electronic click, prior to placing his Order. The current general terms and conditions of sale and the Order confirmation are the Agreement between the Company and the Customer for the delivery of the Products in the Netherlands. All other terms and conditions do not apply. The Agreement cannot be changed unless the Company accepts in writing or by email to change it. The information contained in advertisements, brochures and any other written document provided directly by the Company's agents or employees and / or distributed or communicated in any way whatsoever and primarily via the Internet constitute an invitation to negotiation and have no contractual value.
1. Pre-contractual information
The Customer is informed that the Products offered for sale on the Website are new, in accordance with the applicable European legislation and the standards applicable in Europe. The Company does not sell second-hand Products through the Website (provided this is clearly indicated with the product).
By ticking the current general terms and conditions of sale, the Customer acknowledges: to have full decision-making power or to have the authorization of the authorized person before placing an Order with the Company; to be aware of the current general terms and conditions of sale and the essential characteristics of the Products he orders; the essential characteristics are stated on the technical data sheet of the Products on the Website; in this regard, the Company clarifies that the photographs of the Products offered for sale on the Website are as faithful as possible, but that they cannot guarantee a perfect resemblance to the Products offered; the photos on the Website are therefore purely indicative and the Company cannot be held liable for this.
If the Client is of the opinion that he is insufficiently able to choose the Product (s) that is (are) most suitable for him, he must be assisted by a Consultant chosen by him. In any case, the Customer has the option of contacting the Company by email / telephone in order to obtain additional information about the Products featured on the Website.
2.1. Recording of the order
The customer can only place his order via the website or telephone. The Company wishes to point out to the Customer that the online Order via the Website is secured. The Company also wishes to point out to the Customer that, in the event of an online Order via the Website, data is entered incorrectly or incompletely (especially the addressee's address), this may lead to errors in the execution of the Order (mainly in the delivery) for which the Company cannot be held liable under any circumstances. The Customer must carefully check whether the following information is correct: ordered Product (s), ordered quantity and delivery address of the Order.
2.2. Order confirmation
If the Company accepts the Order, it will notify such acceptance by sending an Order Confirmation to the Customer's email address.
The Company reserves the right, for legitimate reason, to refuse a customer's order, in accordance with applicable law.
2.3.1 Cancellation of the Order
Cancellation of the Order by the Company An Order can be canceled by the Company at any time in the event of: unavailability of the Product (s) and / or inability to deliver the Service (s) for which a service order was placed; lack of payment by the Customer of the Price of the Order within the time allowed, as set out below in Article 4.1; force majeure (i.e. unforeseen delay in deliveries or incorrect deliveries by the suppliers). Unavailability of the ordered Product (s) Although the Company makes every effort to deliver the Products listed on the Order Confirmation, it may happen that ordered Products or Services cannot be delivered to the Customer because, for example, large stock fluctuations do not allow to guarantee its absolute availability.
2.3.2 Cancellation of the Order by the Customer
An Order can be canceled by the Customer in the event of: delay in the delivery of the Product (s) ordered by the Customer as indicated below in article 5.2; cases of transport damage or if the number of Products delivered does not correspond, determined in accordance with the conditions stated below in Article 5.5; (the) the Product (s) delivered to the Customer do not correspond (s) in terms of quality, as required in Article 5.6; the Customer exercises his right of withdrawal, as indicated below in Article 6.1 or in the event of a mistake in the Product (s) ordered by the Customer.
2.4. Consequences of the cancellation of the Order
In the event of cancellation of the Order for reasons set out in the aforementioned articles 2.3.1 and 2.3.2: the payments already made by the Customer and received by the Company will be refunded to the customer's bank account via bank transfer or to his PayPal account, with the exclusion of any other compensation or compensation, in accordance with the legal provisions applicable within the Benelux countries, within a maximum period of thirty (30) days following the day on which the Customer has his Order passed; the return costs are at the expense of the Customer in accordance with the provisions of article 6 stated below.
3. Price and payment
3.1. List price
The sales price of a Product or Service is freely determined by the Company; these prices can vary at all times. The Company endeavors to deal with price fluctuations in the Products and Services offered for sale by updating the references on the Website as often as possible. In any case, the Price in force at the time of the Order will be the Price invoiced to the Customer. All prices are listed on the Website and are expressed in euros, including all taxes, but excluding shipping costs.
The total Price of the Order (T.P.B.), consisting of the additional delivery costs referred to in article 3.1 respectively, will be included on the Invoice drawn up by the Company after confirmation of the Order. The Invoice will be made available to the Customer through the Website and through his personal account.
4. Payment for the Products
4.1. Payment terms
The Customer can pay for the Products according to the modalities included under the heading «payment method» stated on the Website, i.e., by bank card (VISA, Mastercard), PayPal, bank transfer, IDEAL. The Customer must make the payment in euros. The online payment is secured by mollie.com, an organization specialized in secure online transactions. When submitting the Order, the Customer must guarantee to the Company that he has any necessary authorization to use the payment method. If the Customer pays by bank transfer, the Product (s) and Service (s) will only be delivered or performed after receipt of payment. The Company reserves the right to request a photocopy of the identity card and proof of the buyer's address with each payment. In order to combat fraud on the internet, information about orders may be provided to a third party for verification. All payments made on the website are tested and checked. In order to avoid delays as a result of these checks, the Company recommends the Customer to provide the following information with his Order: E-mail address Telephone number of any given address If necessary, additional information may be requested or even required from the Customer in order to validate his Order. In case of risk of non-payment of a transaction, the Company reserves the right not to act on the order.
5. Delivery of the Products
5.1. Delivery place
The Company will only deliver the Products to the delivery address indicated on the Order. porza.nl has websites in different countries, but a customer can only place an order on the site of the country of delivery. For the Netherlands: porza.nl The Customer is personally responsible for the data that he provides with the Order: in the event of a mistake in entering the address details of the recipient of the delivery, the Company cannot be held liable for the impossible to deliver. the Product (s). After payment of the Order, changes to the delivery address of the Product (s) or Service (s) can no longer be accepted. However, the Customer may, at its own risk, ask the Delivery Driver to change the delivery address. In that case, the Company cannot be held liable for any errors in delivery or for loss of the package by the Delivery Driver.
5.2. Delivery time
The Product (s) and / or Service (s) will usually be delivered and / or executed within a period of 1 to 3 working days from the Order (excluding weekends and holidays). The time limit can be considerably longer for hard-to-reach areas. The time frame between placing the Order and the first delivery by the Delivery Person to the address specified by the Customer is determined by 2 factors:
The dates of delivery and shipment are purely indicative and do not entail any contractual obligations. In the event of an exceptional delay in shipping, the Customer will in any case receive an email about this.
- the preparation time (24 to 48h) = payment, preparation and handling of the order by the delivery person.
- the delivery time of your order by the delivery person (24 to 48). The Customer will receive an e-mail when his order leaves us.
5.3. Partial delivery
If a Customer has ordered several Products or Services, in the event of unavailability of one or more Products on the date of dispatch of the Order, only the Products that are available on this date can be delivered. In such event, the Company will refund the price of the Product or Service that was not provided.
5.4. Transfer of risk
The transfer of risk to the Customer takes place at the time of delivery of the Products.
5.5. Receipt of the Products
The delivery will be carried out by a Delivery Driver, as proof of delivery a paper or electronic receipt, called the Delivery Note, will be signed by the Customer and / or the addressee designated by the Customer. In the event of transport damage, if the Product (s) / Service (s) delivered do not correspond to the Order, or in the event of a mistake by the Customer that was notified to the Company in advance in accordance with the conditions mentioned under Article 6.3, the addressee is obliged to clarify his reservation directly on the delivery note upon receipt. To this end, the Customer must check the content, the correctness and the condition of the Product (s) upon delivery. This check is considered to have been carried out when the Customer, or his authorized representative, signs the delivery note of the Courier. If the Customer makes a reservation, he is obliged to refuse the delivery and he must require the Delivery person to immediately take back the Product (s), since he must comply with the take-back conditions stated under Article 6.4 c) checked the Product (s). In the absence of a reservation stated on the Delivery Note, a complaint from the Customer will not be accepted by the Company if an incorrect number of Products have been delivered or in the event of visible defects in the Product (s) delivered. Subsequent complaints are only possible in the event of a lack of conformity in the nature of the delivered Product (s), these complaints must be made in accordance with article 5.6 or as a legal guarantee for hidden defects included under article 8. When the Customer ( the) ordered Product (s) refuses upon delivery, this can be considered unjustified if the Customer cannot demonstrate the existence of the deviations indicated on the Delivery Note. In the event of an unjustified refusal of the Product (s), the Company may demand a lump sum compensation of € 29 T.P.B. per individual Product delivered in the Netherlands. If the Company actually detects the deviations, the Customer's Order will be canceled and the consequences described under Article 2.4 will apply, with the exception that the Customer will not have to pay any return costs in relation to the immediate take-back of the Product. (and) by the Delivery Person. The Customer must place a new Order if he wishes a new delivery.
If the delivered products do not correspond to what the customer has ordered (wrong reference), the customer must, if he has not indicated it on the delivery note, by
- Telephone (085-4011901)
- Your account at www.porza.nl/account/
to porza.nl. This must be done within 14 days of the delivery date, otherwise the complaint will not be accepted. When submitting the complaint, the customer must state the following information: Order number; Reference (s) and number of Products delivered; Reference (s) of the Products received; Exact reason for the complaint. If the Company actually establishes the lack of conformity, the Customer's Order will be canceled and the consequences described under Articles 2.4 and 6.2 will apply. The Customer must place a new Order if he wishes a new delivery.
6. Right of the Customer to return the Products
6.1. Right of withdrawal
If the Customer is a non-professional consumer and he is not satisfied with one of the purchased Products or Services, he can, in accordance with the applicable legislation in the country of delivery (the Netherlands), return or return the Product (s). cancel the order for the Service in question if he contacts the Company, only by
- Telephone (085-4011901)
- Your account at www.porza.nl/account/
Within a period of 14 days from the delivery of the Product (s) (signature on the dated Delivery Note counts as date of delivery). Subject to compliance with the aforementioned period of 14 days, the Customer will be reimbursed within a period of 30 days from the delivery date of the Product (s) or from the conclusion of the order for the Service (s) in question. The return costs (transport) amounting to a fixed amount of € 6.95 (transport) for the returned Product (s) will be deducted from the compensation for the Products. The reimbursement of the ordered, delivered and subsequently returned Product (s) will in any case only take place on condition that the Product (s) returned has been checked by the Company and has been complete and in good condition. (and) found (unused and without mounting traces).
6.2. Return of Products for non-conformity due to the nature of the Products
In case of non-conformity due to the nature of the ordered Product (s) and / or Service (s) upon delivery, the Customer can, if he has submitted his complaint to the Company in accordance with the conditions stated under article 5.6, return it to the Company if it has received permission to do so in accordance with the conditions under Article 5.6. If the Customer's complaint is well-founded, no return costs will be charged for the Product (s) ordered, delivered and subsequently returned. The reimbursement of the return costs will be made after the Customer has submitted written evidence.
6.3. Return of the Products in case of error in the Order by the Customer
In the event of an error in the Order (reference, destination, brand, quantity, addresses), the Customer must contact the Company by email or telephone, at the latest one hour after receipt of the Order Confirmation, in order to immediately cancel his Request order. The cancellation of the Order may, where appropriate, lead to the consequences described in article 2.4, in particular: 1.in the event that the shipment of the Product (s) has already been prepared or the Service (s) has been (s) carried out at the time the Company receives the request for cancellation from the Customer, the latter cannot do anything else than refuse the delivery of the Product (s) or the Service (s) by asking the Delivery Driver to return the Order immediately and by stating «refused» on the Delivery Note, without signing it. 2.The reimbursement of the ordered, delivered and subsequently returned Product (s) will in any case only take place on condition that the Product (s) returned by the Company have been checked and fully and in good condition. condition was (s) found (unused and without mounting traces). The product includes both the product and its packaging. Under no circumstances may the packaging be torn, soiled or written on. If the article is returned incomplete or damaged, porza.nl reserves the right to refuse compensation or to apply a reduction of up to 70% on the sales price of the Product. In the event that the Customer is not reimbursed or if a reduction is applied, the Customer will receive an explanation by e-mail. The Customer must place a new Order if he wishes a new delivery.
6.4. Conditions for returning the Products
In order for the Company to accept the returned Product (s), the Customer must take the following steps:
Following these steps will allow the Product (s) to reach the correct destination (s) as quickly as possible and in good condition. If the Customer does not follow these steps, it is possible that the returned Product (s) will not be accepted upon receipt. The Company reserves the right to refuse any Product that is not returned in accordance with the rules.
- contact porza.nl by e-mail via his customer account or by telephone to receive a transport ticket.
- return the complete and undamaged product in its original packaging.
- put the original packaging in a protective packaging.
- contact the porza.nl delivery person to collect the package.
- return the parcel on the one hand and the transport slip on the other to the deliverer.
The products offered by the Company comply with applicable European legislation and the standards applicable in Europe. The products sold by the Company may only be mounted on vehicles or systems recommended by the constructor or manufacturer or by an authorized person and only under his responsibility. Under no circumstances can the Company be held responsible for the consequences of incorrect installation or use of a product that is not adapted for a particular vehicle.
7.2. Factory guarantee
Some Products have a factory warranty of usually one year. In the event of a product becoming defective during the warranty period, repairs are insured by the manufacturer concerned. Shipping costs of the Product to the manufacturer are borne by the Customer.
7.3. Warranty for hidden defects
In accordance with the legislation on guarantee for hidden defects applicable in the Benelux, the Customer benefits from a legal guarantee for hidden defects. Only the Products with an acknowledged hidden defect can be the subject of a return to the Company for this reason. When a Customer indicates that a Product supplied by the Company has a hidden defect, he must provide proof thereof. Therefore, the Customer must request an expert investigation from a recognized expert to confirm the hidden defect. If the expert investigation shows that a hidden defect is present, the document proving this must be submitted to the Company's customer service department as soon as possible. Upon receipt of this document, the return authorization number and the procedure to be followed for returning the Product will be communicated by the Company's customer service department. The return costs for the Product are borne by the Company. The Company will approve the return of the Product after the hidden defect has been identified by the Company's services. Once the return has been approved by the Company's services, the purchase price of the Product will be refunded. Subject to proven hidden defects, the costs of the expert's investigation may be reimbursed by the Company upon presentation of the invoice relating to these costs.
7.4. Exclusion of Warranty
The warranty does not apply to: replacement of consumables (lamps, brushes, batteries, discs, brake pads, filters, plugs, pegs, plates…); deviant or incorrect use of the products; defects and consequences due to a use for which the product is not intended (competition…); defects and consequences due to an external cause.
8.1. Liability non-professional consumer
If the Customer is a non-professional consumer, nothing in the current general terms and conditions of sale can limit or exclude the Company's liability with regard to the failure to perform any of its obligations under any legal provision of public order.
8.2 Professional consumer liability
If the Customer is a professional consumer:
In particular, the Company is not responsible that the Products are suitable for the Customer's purposes.
- The current general conditions of sale describe the entirety of the Company's obligations and liabilities with regard to the supply of Products and the performance of Services;
- The only obligations and warranties imposed on the Company are those expressly set forth in these general terms and conditions of sale, to the exclusion of all other warranties and / or obligations;
- The Company hereby expressly excludes the applicability of any warranties in relation to the Products or Services that may be provided under any legal provision (including, but not limited to, those regarding quality and fitness for a particular purpose, reasonable care and craftsmanship). could be part of the Agreement.
8.3 Loss of income
The Company is not liable for any loss of income, profit, contracts, data or any other indirect or consequential damages, arising in tort (including negligence). The total liability of the Company - regardless of where it arises - is limited to the amount that the Customer has paid for the relevant Product (s) and / or Services.
9. Force majeure
Shall be considered as force majeure: states of war, lock-out, uprisings, strikes, coups d'état, natural disasters, and more generally all cases recognized by the case law of Dutch courts and tribunals with regard to the unforeseen, irresistible and external character of these events. However, the Company cannot be held liable for the non-performance of its contractual obligations if such non-performance is the result of force majeure and these circumstances cannot reasonably be attributed to the Company.
10. Governing Law - Competent Court
The current general sales conditions are subject to Dutch law. Any dispute relating to the interpretation or implementation of the present terms and conditions or their continuation will be exclusively subject to: the jurisdiction of the courts of ordinary law in the country of delivery if the Customer is not a merchant. the jurisdiction of the Commercial Court in Amsterdam (the Netherlands) if the Customer is a merchant.
11. General provisions
The provisions of the present terms and conditions of sale constitute the entire agreement between the Company and the Customer (hereinafter the "Agreement") in view of its purpose and supersede and cancel any statement, negotiation, undertaking, oral or written communication, acceptance, understanding and prior agreement. between the Parties with regard to the provisions provided or applicable in this agreement.
If one of the parties fails to enforce any term of this Agreement, this failure is not to be regarded as a waiver of rights. This failure therefore in no way affects the right to enforce that condition later.
If any provision of this Agreement would be illegal, void or unenforceable, then such provision will be deemed unwritten without affecting the enforceability of any remaining provisions.
Any amendment to the Agreement must be attached in writing by common agreement of the Parties.
12. Protection of personal data
By placing his Order, the Customer agrees that the Company may store, process and use the data collected through the Order in order to process the Order.
- Certain information may be passed on to Companies that are responsible for the delivery of the Products.
- When the Customer pays for the Products ordered, certain data that he provides will be transferred to the companies that are responsible for this payment.
- The Customer authorizes the Company to send him commercial messages by e-mail relating to Products and Services of the Company.
Protection of your e-mail address: porza.nl will not pass on your e-mail address to third parties. It will only be used for communication purposes between the company and the customer. This communication includes sending our Newsletter and emails related to your order. If you have subscribed to the Newsletters from our partners, you will also receive them at the specified e-mail address. All e-mails from porza.nl contain a link at the bottom to stop sending, with which you can cancel the subscription to the Newsletter. This can also be done via your account under "my details".
13. Defined Terms
In these general terms and conditions of sale, the following terms should be understood as follows:
- «Company»: The Dutch succursale of the company PORZA.NL B.V. REGISTER AT THE CHAMBER OF BUYING VENLO, 62518232, VAT NR NL854849373B01
- "Order": the electronic order placed by the Customer via the Website, in accordance with the provisions of the current sales conditions.
- “Customer”: a professional or non-professional consumer who purchases Products and / or Services from the Company.
- “Order Confirmation”: the order confirmation issued by the Company to notify the Customer that his Order has been accepted.
- “Non-professional Consumer”: a Customer who purchases Products and / or Services for needs other than those of his professional activity.
- “Agreement”: the whole of the agreement consisting of the current terms and conditions of sale and the Order Confirmation.
- “Invoice”: the invoice issued by the Company for payment of the price of the Products and / or Services.
- "Working day": every weekday with the exclusion of Saturdays, Sundays or public holidays in the Netherlands.
- “Order number”: the order number communicated by the Company to the Customer.
- “Party (ies)”: the Customer and / or the Company.
- “Price”: the price of the Product (s) and / or Service (s) that the Customer has purchased from the Company, as defined in Article 3 of the present sales conditions.
- "Products": the products available on the Website which the Company accepts to supply in accordance with the current terms and conditions of sale and which may also include Services.
- "Site or Website": our Website, which can be consulted via the address porza.nl, which was developed to receive orders from consumers in the Netherlands.
- "Delivery person": any delivery person who is charged with the delivery of the ordered Product (s), being, according to the circumstances: PostNL, UPS, Fedex, GLS ...
||www.porza.nl, zoekonderdeel.nl, porza.de, porza.co.uk
|Postcode / Woonplaats