Terms & Conditions

Applicability

Unless explicitly stated otherwise, the legal relationship between ATK Carparts and the Customer is governed exclusively by the present conditions, as well as by the ATK Carparts return and warranty application procedure.

The conditions are valid by written confirmation by ATK Carparts of the order placed by the Customer.

If a special agreement has been concluded between ATK Carparts and the Customer, and in the event of a conflict between the terms and conditions of sale and the provisions in this special agreement, the provisions of this special agreement shall take precedence over conflicting provisions in the terms and conditions of sale.

The failure or postponement of ATK Carparts in (partially) maintaining a provision of the terms and conditions of sale cannot be seen as a waiver of any of its rights, now or in the future.

Orders

The Customer will place his order(s) via e-mail, fax or other digital platforms such as Plan Manager and Ubench, and the ATK Carparts webportal. All subsequent correspondence related to this order must be made through one of these channels, unless otherwise specified in the special agreement concluded between ATK Carparts and the Client.

The Customer is fully responsible for the choice of goods. The goods are standard goods that were not created specifically for the needs of the Customer. ATK Carparts has no liability whatsoever if it should appear that the goods do not meet the specific needs and intended purpose and use of the Customer, when the goods meet the specifications described by the Customer.

In case of cancellation of the order by the Customer, ATK Carparts has the right to claim compensation of 30% of the sales price, without prejudice to the right to claim the actual damage.

Payment

Unless otherwise agreed by written document, all ATK Carparts invoices are payable on the due date stated on the invoice by transfer on the bank account number with the information mentioned on the invoice. ATK Carparts is, however, entitled to request an advance or even full payment before proceeding to delivery.

The Customer is not entitled to suspend and/or postpone payment of the purchase price, nor to set up a debt settlement against ATK Carparts, even in the case of any complaint that would be related to the (partial) execution of the order and instituted for any reason, including legal proceedings. The Customer is therefore never released from his obligation to pay the purchase price within the agreed period.

The purchase price and costs are only effectively paid from the moment that they are actually received by ATK Carparts.

In the event of total or partial non-payment of the debt on the due date, as determined on the invoice, an interest of 15% on the total outstanding and expired amount will be owed by operation of law and without prior notice, starting from the calendar day following the expiration date until full payment. In addition, in the case mentioned before, the Customer shall immediately, by operation of law and without prior notice of default, owe a flat-rate compensation of 15% on the outstanding and expired balance, with a minimum of 125 euros, even when granting grace periods, without prejudice to ATK Carparts’s right to claim higher compensation.

In the event that ATK Carparts becomes aware of any circumstance that could materially affect the financial situation of the Customer, all outstanding amounts become immediately due and payable, without a notice of default being required.

If the Customer requests to invoice a third party when ordering, the Customer, despite invoicing to a third party, remains jointly and severally liable for the fulfillment of his obligations under the order.

Delivery

The delivery times are in good faith, but only approximate and are therefore not binding, unless otherwise agreed by writing between the parties.

Delays in delivery can never give rise to fines, compensation or refusal by the Customer to accept delivery of the goods.

Delivery always takes place DDP, unless otherwise agreed by written document.

When returning the delivered goods, regardless of the reason, the return procedure or, where appropriate, the warranty application procedure must be strictly followed. The return procedure and warranty request procedure, together with the relevant required forms, can be found on the ATK Carparts website.

Transfer of risk and ownership

The delivery of the goods also means the transfer of risks.

Ownership of the products transfers upon full payment of the purchase price and costs. The transfer of ownership is therefore suspended until this moment. The Products thus remain the property of ATK Carparts until full payment, even if they have been transferred or assembled by a third person.

Applicable law and jurisdiction

Belgian law always applies between parties.

Only the materially competent Court that is closest to the registered office of ATK Carparts is authorized to take knowledge of any disputes, unless ATK Carparts chooses to submit the dispute to the Court of the Client's place of residence.

Use of information and privacy

During the Vendor-Purchaser commercial relationship, the Vendor or an affiliated enterprise will store the information provided by the Purchaser (hereinafter referred to as “Data”) in its customer relationship database in accordance with all legal provisions on data protection. The Seller will in no way communicate the Data to third parties who are not affiliated with him.

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