Article 1. Applicability
1.1 These General Terms and Conditions apply to all offers and agreements, execution of orders, and deliveries by MondiParts BV, hereinafter referred to as MondiParts. Deviations can only be agreed upon in writing with MondiParts.
1.2 In these terms and conditions, "customer" refers to the buyer or client, or anyone who enters into or intends to enter into an agreement with MondiParts, or for whom MondiParts makes an offer or performs a delivery or service. In the case of multiple customers jointly placing an order, they are jointly and severally liable to MondiParts for the fulfillment of the (counter) performance, regardless of the invoicing details.
1.3 If any provision of these General Terms and Conditions is invalid or inapplicable for any reason, the remaining provisions shall remain in force.
1.4 Indien enige bepaling van deze Algemene Voorwaarden om welke reden dan ook niet geldig of van toepassing is, blijven deze voorwaarden voor het overige van kracht.
1.5 The applicability of deviating terms and any general terms and conditions of the customer is expressly rejected by MondiParts. Such terms bind MondiParts only to the extent that they have been expressly and in writing accepted by MondiParts.
Article 2. Offer
2.1 All offers, quotations, and price indications made by MondiParts, in whatever form, are non-binding and based on the information, designs, drawings, and data provided by the customer.
2.2 An offer is only binding if it is made in writing by MondiParts, stating a period during which the offer remains open for acceptance.
2.3 Price lists, brochures, printed matter, etc., provided by MondiParts are subject to change and do not constitute an offer.
2.4 MondiParts reserves the right to refuse orders without stating reasons, to deliver only against cash on delivery, or to require advance payment.
2.5 The images shown for the products are presented as accurately as possible, but are for illustrative purposes only. No rights can be derived from them.
Article 3. Agreement
3.1 An agreement is formed after MondiParts has confirmed an order or assignment in writing or after MondiParts has commenced the execution of the order or assignment. The order or assignment confirmation is deemed to represent the agreement accurately and completely, unless the customer objects in writing within five working days.
3.2 For deliveries for which no order confirmation is sent due to their nature and/or scope, the invoice also serves as the order confirmation. It is deemed to represent the agreement accurately and completely, unless the customer protests in writing within five working days after the invoice date.
3.3 Additions and amendments to an agreement bind MondiParts only to the extent that they have been confirmed in writing by MondiParts.
3.4 MondiParts is entitled, if it deems it necessary or desirable, to engage third parties for the proper execution of the order or assignment given to it. The costs for this will be charged to the customer in accordance with the provided quotations.
3.5 MondiParts applies a minimum order value of €20 per order. Below this amount, we charge €3.99 order costs. Orders picked up at our warehouse are recalculated at the counter so that no order costs are incurred.
Article 4. Prices
4.1 Unless otherwise agreed in writing, all prices and rates are in euros, excluding VAT and administrative costs.
4.2 The prices are based on the prices, exchange rates, wages, taxes, duties, charges, etc., existing at the time of the offer. In the event of an increase in one or more cost factors, MondiParts is entitled to increase the price accordingly. Such a price increase does not give the customer the right to terminate the agreement.
4.3 The prices are always exclusive of levies imposed by the government in connection with the sale or use of goods to be supplied by MondiParts, including environmental levies, disposal contributions, and packaging regulations; MondiParts is entitled to charge the relevant levies and costs to the customer.
4.4 In the case of an agreement involving periodically due amounts, MondiParts is entitled to adjust the prices and rates by written notice, observing a period of three (3) months. If the customer does not agree with the adjusted prices and/or rates, they are entitled to terminate the agreement in writing within seven (7) days after receipt of the said notice, effective as of the date mentioned in the notice on which the price or rate change would take effect. Termination does not affect the customer's obligations to fulfill the counter-performance for the period until the planned effective date.
Article 5. Complaints Procedure
5.1 The customer, or a third party acting on their behalf, must immediately (upon receipt) carefully inspect the goods delivered by MondiParts.
5.2 Complaints regarding defects in the goods delivered in whole or in part must be reported in writing to MondiParts within five (5) working days after delivery, stating the delivery or invoice number of the relevant shipment, failing which any right of the customer in this regard shall lapse. After notifying MondiParts, the customer must send the defective goods to MondiParts within five (5) working days. Claims outside these periods will be rejected. Goods delivered that have been incorrectly or excessively ordered by the customer are at the customer's risk and will not be taken back by MondiParts.5.3 The customer shall provide all necessary cooperation for the investigation of the complaint, including enabling MondiParts to conduct an investigation into all relevant circumstances related to the complaint. If the customer does not cooperate or if an investigation is no longer possible, the complaint will not be processed, and the customer shall have no claims in this regard.
5.4 The customer cannot derive any rights from the processing of a complaint. Complaining does not release the customer from their payment obligations to MondiParts.
5.5 The customer is obliged to immediately cease the use, processing, and/or installation of the relevant goods and to do everything reasonably possible to prevent (further) damage.
5.6 Provided that a complaint has been made in a timely, correct, and in accordance with this article, and the customer has sufficiently demonstrated that the goods do not comply with what has been agreed upon, the customer must send the relevant goods to MondiParts within five (5) working days. Upon receipt and assessment, MondiParts has the choice to either replace the defective goods with new goods upon return, repair the relevant goods, refund the purchase price or credit the invoiced amount, or grant the customer a discount on the price to be agreed upon. If this condition is not met, MondiParts has the right to reject the claim or make an offer to the customer. By fulfilling one of the aforementioned performances, MondiParts is fully discharged of its obligations. The customer is not free to return the goods before MondiParts has agreed to this in accordance with the provisions of the applicable RMA Terms and Conditions.Article 6. Payment
6.1 Unless otherwise agreed in writing, payment must be made by deposit or transfer to a bank account designated by MondiParts within fourteen (14) days after the invoice date. The value date on MondiParts' bank statements is considered the payment date.
6.2 Payment will be made without set-off or suspension for any reason whatsoever.
6.3 Payment must be made in full, unless payment in installments has been agreed, in which case each due installment is considered a separate payment.
6.4 If the customer does not pay the amounts due within the agreed period, the customer will be in default by operation of law, and MondiParts, without prejudice to its other rights, is entitled to charge the customer statutory interest on the entire amount due, increased by a surcharge of 3%, from the due date of the relevant invoice until the date of full payment. In addition, all extrajudicial and judicial collection costs incurred will be borne by the customer. The amount of the extrajudicial collection costs owed to MondiParts is calculated in accordance with the collection rate of the Dutch Bar Association. The amounts recorded in MondiParts' books for the aforementioned costs will provide full proof of their amount.
6.5 If MondiParts deems it necessary, it may demand additional security, failing which it may suspend the execution of the agreement.
6.6 Unless otherwise agreed in writing in advance, orders for new customers will only be delivered after prepayment. As long as MondiParts has not granted a credit limit, this remains applicable.6.7 If the customer fails to fulfill any obligation arising from the agreement or fails to do so on time, enters into a debt arrangement with its creditors, applies for a suspension of payments, becomes bankrupt, closes or transfers its business, if attachment is levied against it, or if there are reasonable grounds to expect that the customer will no longer fulfill its obligations, any claim of MondiParts against the customer shall become immediately due and payable in full. In addition, MondiParts then has the right to terminate the agreement, insofar as it has not yet been (fully) executed, without further notice of default or judicial intervention, and to take back the goods already delivered but not yet paid for, all without prejudice to MondiParts' right to payment or compensation for damages, and its right to suspend the execution of the agreement.
Article 7. Retention of Title
7.1 All goods delivered to the customer remain the property of MondiParts until the moment of full payment of all amounts, including any interest and costs, that the customer owes for the goods delivered or to be delivered or services performed or to be performed under any agreement, and/or the failure to fulfill such an agreement.
7.2 The customer is obliged to ensure careful handling of the goods and to insure them against the usual risks and does not have the right to encumber, rent, give in use, and/or establish (silent) pledge rights on the delivered goods without the prior written consent of MondiParts, as long as the customer has not fully fulfilled its obligations to MondiParts.
7.3 If and as long as MondiParts is the owner of the goods, the customer shall immediately inform MondiParts when the goods are (threatened to be) seized or otherwise claimed (any part of) the goods. In addition, the customer shall inform MondiParts (in that case) where the goods owned by MondiParts are located. In the event of attachment or (provisional) suspension of payments, the customer shall immediately point out the (ownership) rights of MondiParts to the bailiff or administrator. The customer guarantees that any attachment on the goods will be lifted immediately.
7.4 If the same type of goods has been delivered on one or more unpaid invoices, the goods present at the customer are deemed to have been delivered on the unpaid invoices.
Article 8. Delivery Time
8.1 All delivery periods mentioned by MondiParts are approximate and are determined based on the information and circumstances known to MondiParts at the time of entering into the agreement. Stated delivery periods shall never be considered as strict deadlines. If a change in the information and/or circumstances, regardless of their foreseeability, results in a delay, the delivery date will be postponed accordingly, without prejudice to what is determined below regarding force majeure. In case of non-timely delivery, MondiParts must be notified in writing, and a reasonable period for delivery must still be offered.
8.2 Exceeding the delivery periods stated by MondiParts, for whatever reason, never entitles the customer to compensation or non-fulfillment of any obligation under the relevant agreement or any related agreement.
Article 9. Delivery and Risk
9.1 Unless otherwise agreed in writing, delivery takes place from MondiParts' warehouse. From the moment of delivery, the risk (of loss, destruction, damage, etc.), regardless of the cause, passes to the customer.
9.2 If it has been agreed that delivery will take place in phases, MondiParts may postpone the deliveries of the following phases until the customer has approved the delivery of the previous phase in writing and has fulfilled all its (financial) obligations regarding the partial delivery. In the case of partial deliveries, MondiParts is entitled to invoice them separately.
9.3 If delivered goods are available to the customer after the delivery period has expired but are not collected by the customer, they will be stored at the customer's disposal at their expense and risk.
9.4 If, due to unforeseen circumstances, an order is not fully delivered, the undelivered goods (possibly with the associated costs) will not be invoiced. In case of prepayment, the overpaid amount will be automatically refunded within a few days by our payment provider, subject to Pay.nl. If the undelivered goods are back in stock within a few days, you will be offered the possibility of a follow-up delivery. 9.5 If a delivery involves a MANCO, this must be reported in writing to MondiParts within 48 hours via a message to: klantenservice@mondiparts.nl, after which the report will be registered and you will be contacted for further instructions.Article 10. Transport
MondiParts determines the method of transport, shipping, and packaging. Shipping and transportation of goods are always at the customer's expense and risk. MondiParts is only obliged to take out a (transport) insurance if and to the extent that MondiParts has committed itself to do so in writing.
Article 11. Force Majeure
11.1 If MondiParts is prevented from (further) executing the agreement due to force majeure of a permanent or temporary nature, MondiParts is entitled, without any obligation to compensate for damages, to terminate the agreement in whole or in part by a written notice to that effect without judicial intervention, without prejudice to MondiParts' right to payment by the customer for services already performed by MondiParts before the force majeure situation arose, or to suspend the (further) execution of the agreement. In the event of suspension, MondiParts will still be entitled to terminate the agreement in whole or in part.
11.2 Force majeure includes all circumstances that prevent MondiParts from fulfilling its obligations, such as strikes, transport difficulties, fire, government measures, including import and export bans or restrictions, operational disruptions at its or its suppliers' premises, as well as shortcomings by its suppliers, as a result of which MondiParts can no longer reasonably fulfill its obligations to the customer.
Article 12. Warranty
12.1 Unless otherwise agreed in the RMA Terms and Conditions of MondiParts, MondiParts guarantees to the customer that the delivered goods will comply with the applicable specifications issued by the supplier for a period of three (3) months after delivery. If the product specifications are not known or made known to the customer, MondiParts guarantees to the customer that the delivered goods will not show material or construction defects during the same period. The warranty mentioned in the previous sentences applies only if the goods are used normally and carefully and all instructions for use and other warranty provisions included in the agreement, the RMA Terms and Conditions of MondiParts, and the warranty certificate are strictly and fully complied with. The warranty only includes that MondiParts will, to the best of its ability, repair these defects or replace the goods, at its choice and discretion. Consumables such as batteries, cables, and memory carriers are excluded from this warranty. Products or parts thereof that are replaced under this warranty become the property of MondiParts. Defects must be reported in writing to MondiParts in order to be processed. MondiParts is never liable for the recovery of data lost for any reason.
12.2 The warranty does not apply if the defects are wholly or partly the result of incorrect, careless, or unprofessional use, use for purposes other than normal (business) purposes, external causes, such as fire or water damage, or if the goods have been modified by others than MondiParts or have not been professionally and regularly maintained. The warranty also cannot be invoked if any (part of a) part has been replaced with less compatible and/or qualitatively not at least equivalent to the original parts.
12.3 By fulfilling one of the performances mentioned in Article 12.1, MondiParts is fully discharged of its obligations. The customer is not entitled to claim compensation for damages, nor is the customer entitled to terminate the agreement in whole or in part.
12.4 If goods have been purchased by MondiParts from a supplier, the warranty is limited to the applicable warranty conditions of the supplier. MondiParts will inform the customer upon request about the applicable provisions. In particular, the warranty on Service Pack LCD from Samsung runs through Samsung, and the processing time is at least 10 working days. NOTE! Important, the Service Pack LCD must be offered complete in the original box for warranty. If the warranty is granted by Samsung, the purchase price will be reimbursed.
Article 13. Liability and Indemnification
13.1 MondiParts is not liable for damage to the delivered goods other than in accordance with the provisions of this Article 13. In any case, the contractual and statutory liability of MondiParts is at all times limited to the amount of the purchase price of the goods in respect of which the liability has arisen.
13.2 MondiParts is not liable, either under the law or under the agreement, for so-called consequential damage that the customer or a third party may suffer in connection with (the use of) the delivered goods, including business damage, environmental damage, and immaterial damage.
13.3 The provisions of the preceding paragraphs do not affect the liability of MondiParts under Title 3, Section 3, Book 6 of the Dutch Civil Code (Product Liability).
13.4 Unless the damage is caused by gross negligence or intent of MondiParts, the customer shall indemnify MondiParts against all claims of third parties, directly or indirectly related to (the use of) the delivered goods, and shall compensate MondiParts for all damage that MondiParts suffers as a result of such claims.
Article 14. Confidentiality
14.1 The parties are mutually obliged to maintain complete confidentiality towards third parties of confidential (business) information provided to each other. The customer is obliged to take measures to ensure that this confidentiality is observed by its employees.
14.2 Without the prior express written consent of MondiParts, the customer is not allowed to copy, reproduce, or modify documentation of which the copyrights belong to MondiParts, both during and after the termination of the agreement. The customer is also not allowed to give third parties permission to do so.
14.3 In the event of non-compliance with the provisions of this article, the customer shall forfeit an immediately payable penalty to MondiParts of €5,000 per violation or per day that such a violation continues, whereby any disclosure or communication to third parties or infringement of copyright-protected material or reproduction or modification without the written consent of MondiParts is considered one violation.
Article 15. Disputes
The customer shall fully comply with national and other (including US) export restrictions regarding goods obtained under an agreement with MondiParts and shall also impose this obligation on third parties in the event of resale or any form of making available to third parties. The customer shall indemnify MondiParts against any damage that MondiParts may suffer if the customer fails to comply with these obligations.
Article 16. Geschillen
16.1 All agreements concluded between the parties and the legal relationships arising therefrom are governed exclusively by Dutch law. The applicability of the Vienna Sales Convention is excluded.
16.2 All disputes arising from or related to the agreement to which these terms and conditions apply or the relevant terms and conditions themselves and their interpretation or execution shall be settled by the competent court in Rotterdam or the competent court in the customer's place of residence, at the choice of MondiParts, unless otherwise agreed. If MondiParts performs services for the customer, the following terms and conditions also apply in addition to the aforementioned terms and conditions. In the event of any inconsistency, the provisions in Articles 1 to 16 shall prevail.
Article 17. Formation of Assignment
17.1 MondiParts strives to provide the best possible representation of the work to be performed in its offers.
17.2 MondiParts has the right to refuse an assignment without stating reasons and is not liable for any damage, direct or indirect, arising or resulting from this refusal.
17.3 MondiParts is legally represented in connection with assignments for the delivery of services only by those who are authorized to do so according to the registration in the trade register of the Chamber of Commerce.
17.4 As long as an offer by MondiParts has not led to an assignment, MondiParts reserves the right to use its capacity elsewhere.
17.5 If, in the opinion of MondiParts or the customer, third parties must be involved in the assignment, the customer is obliged to provide all reasonable cooperation.
17.6 All contacts with involved third parties are conducted through MondiParts. The customer can only involve third parties in the execution of the assignment after consultation with MondiParts and cannot independently make agreements with these third parties about the work.
Article 18. Early Termination of Assignment
If MondiParts or the customer is of the opinion that the work by MondiParts cannot be performed in accordance with the quotation, the assignment confirmation, or any further specifications, the parties shall consult. If the parties do not reach an agreement, each party has the right to terminate the agreement prematurely with a notice period of one month, except for assignments with a duration of less than two months. In the event of premature termination in accordance with the previous sentence, the customer shall owe MondiParts the agreed compensation for services performed up to the date on which the agreement ends. If the agreement is terminated by the customer, the customer shall also compensate MondiParts for the costs related to reserved capacity and personnel deployment for three months after the date on which the agreement ends.
RMA Procedure MondiParts BV
These RMA Terms and Conditions apply to offers, negotiations, and agreements between MondiParts as seller and its customer as buyer (the "customer") regarding hardware products to be supplied by MondiParts. The general sales and delivery terms and conditions of MondiParts also apply. In the event of any inconsistency between any provision in these RMA Terms and Conditions and the General Terms and Conditions, the latter shall prevail. Such inconsistency does not affect the validity of the remaining provisions in these RMA Terms and Conditions. These RMA Terms and Conditions include an RMA procedure for: defective products (1) and incorrect delivery (2).
Return Policy MondiParts (B2B)
MondiParts supplies exclusively to business customers. The statutory right of withdrawal for consumers does not apply to our B2B deliveries. Returns are only accepted after prior written approval (RMA).
Conditions for Returns
1.12. Products must be returned in a box. Returns without a box will not be processed.
1.13. Products that have been modified, written on, and/or provided with stickers not originating from MondiParts will not be accepted.
1.14. The cost of shipping to MondiParts is borne by the customer. Unpaid shipments will not be accepted. The customer is responsible and liable for damage or loss during transport.
1.15. Shipping costs for exchanges or returning a repaired product to the buyer are borne by MondiParts.
1.16. Exceptions
- Private label products such as Tempered Glass Screen Protectors, cables, bulk packaging
- Branded products without original packaging
- Items that cannot be returned for hygiene reasons, such as earbuds, unless the packaging is still sealed
- For original Samsung, Apple and Kingston accessories, warranty is handled directly through the manufacturer: Samsung/Apple/Kingston.
- Discounted items cannot be returned
2. RMA Policy – incorrect delivery by MondiParts
2.1. Report incorrectly delivered products within 48 hours of receipt. MondiParts will provide replacement or credit free of charge.
2.2. An RMA request must be submitted by email within 5 working days after delivery.
2.3. Products must be current, undamaged, unopened, and resalable. Ordered combined or customized products cannot be returned.
2.4. The RMA form must be clearly visible on the outside of the shipping packaging.
2.5. Returns without an RMA number or unpaid shipments will be refused. After receipt and inspection, administrative processing and, if applicable, a credit note will follow. The amount of the credit depends on the condition of the products, as assessed by MondiParts.
3. Returns – not satisfied / incorrectly ordered (B2B)
3.1. Returns due to “not satisfied” or incorrect purchasing are generally not accepted. Unopened and undamaged products may, in exceptional cases, be returned within 2 weeks after the invoice date, possibly subject to a restocking fee of 10% of the purchase amount, with a minimum of €10. If a credit note is chosen, the refund amount will be calculated based on the current market value of the product, taking into account its use and condition.
3.2. Return shipping costs are borne by the customer.
3.3. Products purchased as part of offers, discounts, or promotions cannot be returned or exchanged, unless there is a defect or damage covered under warranty.
4. Defective products (DOA/Warranty)
Defective products must be reported within 5 working days after receipt.
MondiParts will assess the product and will replace, credit, or offer repair.
Damage caused by improper use, drops, or water damage is not covered under warranty.
