GENERAL TERMS AND CONDITIONS OF MPR TRUCKPARTS B.V.
Truckparts-onlineshop.com
General Terms and Conditions
These general terms and conditions apply to all offers, orders, agreements and deliveries made by MPR Truckparts B.V., trading under the name Truckparts-onlineshop.com.
Article 1 – Definitions
MPR Truckparts B.V., trading under the name Truckparts-onlineshop.com, established at Hulsingbroek 1, 5993 NE Maasbree, The Netherlands, registered with the Dutch Chamber of Commerce under number 12064830, hereinafter referred to as: “MPR Truckparts”.
Customer: any natural person or legal entity entering into or intending to enter into an agreement with MPR Truckparts.
Consumer: the customer acting for purposes outside their trade, business or profession.
Business Customer: the customer acting in the course of a trade or profession.
Products: all goods offered by MPR Truckparts, including but not limited to truck parts, reconditioned parts, automotive parts, accessories, tools and related items.
Agreement: any agreement between MPR Truckparts and the customer regarding the sale and delivery of products.
Written: communication by letter, email or any other electronic means of communication.
Article 2 – Applicability
These general terms and conditions apply to every offer made by MPR Truckparts and every agreement concluded.
Deviations from these terms and conditions are only valid if agreed upon in writing.
Any general terms and conditions used by the customer are expressly rejected.
If any provision of these terms and conditions is found to be invalid or unenforceable, the remaining provisions shall remain fully valid and enforceable.
Article 3 – Offers and Agreements
All offers and prices are non-binding and subject to stock availability and price changes.
Obvious mistakes, errors or typographical errors shall not bind MPR Truckparts.
An agreement is concluded once:
the order has been confirmed by MPR Truckparts in writing or by email; or
MPR Truckparts has commenced execution of the order.
MPR Truckparts reserves the right to refuse an order or impose additional conditions.
If a product is unexpectedly unavailable, MPR Truckparts shall inform the customer as soon as possible. Any payments already made for unavailable products shall be refunded.
Article 4 – Prices
All prices displayed on the website are:
inclusive of VAT when directed at consumers;
exclusive of VAT when directed at business customers.
Shipping costs are stated separately during the checkout process.
MPR Truckparts reserves the right to adjust prices in the event of:
changes in taxes;
duties;
exchange rates;
transport costs;
supplier prices.
For consumers, price changes after conclusion of the agreement shall only apply where legally permitted.
Article 5 – Payment
Payment must be made using the payment methods offered by MPR Truckparts.
MPR Truckparts reserves the right to require advance payment.
In the event of non-payment, the customer shall be in default by operation of law.
Statutory interest shall become payable from the moment the customer is in default.
All reasonable judicial and extrajudicial collection costs shall be borne by the customer.
For consumers, collection costs shall be calculated in accordance with Dutch collection cost legislation.
Article 6 – Delivery
Delivery shall take place at the delivery address specified by the customer.
Delivery times stated are indicative and shall not be regarded as strict deadlines.
Exceeding a delivery period shall not entitle the customer to compensation unless there is intent or deliberate recklessness on the part of MPR Truckparts.
The customer must grant a reasonable additional period for performance before cancellation is possible.
MPR Truckparts is entitled to make partial deliveries.
For consumers, the risk of loss or damage transfers upon actual delivery to the consumer.
For business customers, the risk transfers once the products have been handed over to the carrier.
Article 7 – Inspection upon Delivery
The customer must inspect delivered products immediately upon receipt for:
transport damage;
visible defects;
correctness of delivery.
Any visible damage or shortages must be reported immediately on the delivery note or to the carrier.
Non-visible defects must be reported to MPR Truckparts in writing within a reasonable period after discovery.
Installation or use of a damaged or incorrectly delivered product shall constitute acceptance of the product.
Article 8 – Returns and Right of Withdrawal
Consumers
Consumers have the right to withdraw from an online purchase within 14 days after receipt without giving any reason.
During this period, the consumer must handle the product and packaging with care.
Returned products must be:
complete;
unused as far as reasonably possible;
and, if reasonably possible, returned in original packaging.
Return shipping costs shall be borne by the consumer unless otherwise agreed.
In the event of full withdrawal, MPR Truckparts shall refund the full purchase amount including standard shipping costs within 14 days after receipt of the returned products or proof of shipment.
Any reduction in value resulting from handling beyond what is necessary to inspect the product may be charged to the consumer.
Exclusion of Right of Withdrawal
The right of withdrawal does not apply to:
specially ordered or custom-made products;
products specifically ordered from suppliers for the customer;
products which, after installation or use, can no longer be sold as new;
business purchases.
Business Customers
Returns from business customers are only accepted with prior written approval from MPR Truckparts.
Return costs and restocking fees may be charged for business returns.
Electronic components, specially ordered parts, reconditioned parts and opened products may be excluded from return.
Article 9 – Warranty and Conformity
Consumers are entitled to the statutory warranty under Dutch and European consumer law.
Products must meet the reasonable expectations that consumers may have of them.
Any manufacturer warranties do not affect statutory rights.
Warranty shall be void in the event of:
incorrect installation;
improper use;
wear and tear;
external damage;
modifications;
use contrary to instructions.
MPR Truckparts shall not be liable for damage resulting from incorrect application or installation of products.
The customer remains responsible for verifying whether a part is suitable for the intended vehicle or application.
Article 10 – Reconditioned Parts and Core Charges
Certain products may be subject to a core charge or deposit.
Returned core parts must be:
complete;
original;
rebuildable;
and free from excessive damage.
If the returned core part does not meet the required conditions, the core charge may be partially or fully forfeited.
The condition of the returned core part shall be assessed by MPR Truckparts or its supplier.
Article 11 – Liability
MPR Truckparts shall only be liable for direct damage resulting from an attributable failure.
Any liability for indirect damage is excluded, including but not limited to:
consequential damage;
business interruption;
loss of profit;
downtime;
installation or removal costs;
transport costs;
replacement transport.
The liability of MPR Truckparts is limited to the invoice value of the relevant product.
The limitations in this article shall not apply in cases of intent or deliberate recklessness.
For consumers, these limitations apply only insofar as legally permitted.
Article 12 – Force Majeure
MPR Truckparts shall not be obliged to fulfil any obligation if prevented from doing so due to force majeure.
Force majeure includes, but is not limited to:
disruptions;
transport problems;
strikes;
government measures;
cyberattacks;
pandemics;
fire;
supplier failures.
Obligations shall be suspended during force majeure.
If performance becomes permanently impossible, both parties may terminate the agreement.
Article 13 – Retention of Title
All delivered products remain the property of MPR Truckparts until full payment has been received.
Until ownership has transferred, the customer may not pledge or otherwise encumber the products.
MPR Truckparts is entitled to reclaim products if payment is not made.
Article 14 – Privacy
MPR Truckparts processes personal data in accordance with applicable privacy legislation (GDPR).
Personal data shall only be used for:
order processing;
customer service;
invoicing;
shipping;
fraud prevention.
Further information is included in the privacy policy on the website.
Article 15 – Complaints Procedure
Complaints must be submitted in writing within a reasonable period after discovery.
MPR Truckparts aims to respond substantively to complaints within 14 days.
Consumers may also submit disputes through applicable European consumer dispute platforms where available.
Article 16 – Governing Law and Competent Court
All agreements shall exclusively be governed by Dutch law.
Disputes shall be submitted to the competent court in Limburg, location Roermond, unless mandatory law provides otherwise.
Consumers are also entitled to submit disputes to the legally competent court.
Contact Information
MPR Truckparts B.V.
Hulsingbroek 1
5993 NE Maasbree
The Netherlands
Chamber of Commerce: 12064830
VAT: NL817441104.B01