General terms and conditions of sale

In case of discrepancies in interpretation in any other language, only the French terms and conditions apply. The translation below is a free translation.

These General Terms and Conditions of Sale, hereinafter referred to as the "General Terms and Conditions", are entered into  

• on the one hand, between Palm-Sevar SA "Heritage Parts Supply", registered with the B.C.E. under the number 0405.851.463, whose registered office is located at Rue Saint Paul 118, 4840 Welkenraedt, and whose operating office is at Avenue Alfred Deponthière 60, 4431 Loncin,

​ Represented by its directors, as published in the annexes to the Moniteur Belge,  

Hereinafter referred to as "HERITAGE PARTS SUPPLY";

• and, on the other hand, any natural or legal person wishing to make a purchase from HERITAGE PARTS SUPPLY, hereinafter referred to as the "Customer".

By the mere fact of placing an order, the Customer acknowledges that he has, prior to placing the order, read all the General Terms and Conditions and accepted them unreservedly, so that all contractual relations between HERITAGE PARTS SUPPLY and the Customer are governed exclusively by the content of the General Terms and Conditions, to the exclusion of all other general or specific conditions referred to previously or subsequently, directly or indirectly, printed or not, whether they are expressed on the front or back of any offer, order form, invoice, correspondence and/or any other document issued by the Client, unless HERITAGE PARTS SUPPLY expressly waives them in writing..

​The Customer also acknowledges having had the opportunity to save and print the General Conditions.

HERITAGE PARTS SUPPLY reserves the right to amend the General Terms and Conditions at any time, inter alia to comply with legal obligations. The modified General Terms and Conditions shall be applicable to all orders placed after the modification, any order placed previously remaining of course subject to the General Terms and Conditions applicable at the time of the order confirmation. These terms and conditions are available on the website www.heritagepartssupply.com  .

​Article 1. Scope of application

The purpose of the General Terms and Conditions is to define all the terms and conditions of sale applicable to the formation and performance of all sales contracts concluded between HERITAGE PARTS SUPPLY and the Customer, whether via the electronic sales site www.heritagepartssupply.com ,hereinafter referred to as the "Website", by e-mail, via the info@heritagepartssupply.com ,or by any other electronic or paper medium.

In addition, they contain the legal and binding information on the customer's rights and HERITAGE PARTS SUPPLY's obligations in the field of distance selling and e-commerce.

They apply generally to both consumers and traders, subject to certain provisions which expressly refer to only one of these two categories.

Although HERITAGE PARTS SUPPLY takes care to regularly update the information on its Website, the photographs and texts reproduced illustrating the products are not contractual in nature, so that HERITAGE PARTS SUPPLY may not be held liable in the event of an error, omission or inaccuracy in one of these photographs or texts.

All products sold on the Website, by e-mail or by any other electronic or paper medium comply with Belgian legislation. It is the responsibility of the foreign Customer to verify, alone, that his purchase complies with his own national legislation.

Article 2. Contacts

​For any question related to the placing of the order and the execution of the sales contract concluded between HERITAGE PARTS SUPPLY and the Customer, the Customer may contact HERITAGE PARTS SUPPLY through one of the following channels

• By e-mail: info@heritagepartssupply.com
• By ordinary mail to the address of the place of business

Article 3. Order  

​ 3.1.   General provisions  

The Customer can place an order online, via the website www.heritagepartssupply.com or by e-mail, via the address  info@heritagepartssupply.com.

Any order implies the express acceptance of the General Conditions as well as the prices and descriptions of the products by the Customer.  

3.2.   Ordering process via the electronic sales site  

To place an order via the Website, the Customer goes to the section of his/her choice, selects the product(s) he/she wishes to receive, as well as the quantity, and then clicks on "add to basket". The product(s) chosen are then added to the "shopping basket".

The Customer may, at any time, view the products selected in his basket by clicking on "Basket" and take note of the payment options offered by HERITAGE PARTS SUPPLY, as well as the costs and delivery times. The Client may also rectify his order as long as it is in the basket.  

After selecting the product(s), the Customer checks the details of his/her order and corrects any errors before the order is confirmed. The total amount to be paid is displayed throughout the checkout process.  

The Customer must then select the method of delivery and payment of the price.  

Finally, the Customer is invited to read the General Conditions carefully.  

At the end of the ordering process, the Customer accepts the General Conditions by ticking the box provided for this purpose, and validates his order by clicking on "finish".  

HERITAGE PARTS SUPPLY shall then send the customer an electronic order acceptance. The contract is then definitively formed, subject to the provisions of point 5 concerning payment of the price.  

Once the order has been accepted by HERITAGE PARTS SUPPLY, it may not be modified by the customer, subject to express written derogation by HERITAGE PARTS SUPPLY.  

3.3.   Order process via e-mail  

To place an order by e-mail, the Customer shall send his order form to HERITAGE PARTS SUPPLY by e-mail to the address info@heritagepartssupply.com son bon de commande.

Upon receipt, HERITAGE PARTS SUPPLY shall send a summary of the order, an electronic copy of the General Terms and Conditions, as well as the bank details of the account to which the transfer is to be made (including the payment references) and shall request that the Client agree to the content of the order and to the application of the General Terms and Conditions to the contract to be concluded by return of e-mail.

The order is only final after the double validation by the Customer, and the receipt of the payment by HERITAGE PARTS SUPPLY.

Article 4. Prices and billing  

The prices are the prices mentioned on the Website at the time the Customer places the order. They may vary from one country to another, as the site is aimed at different target countries, and may be subject to different regulations, particularly with regard to VAT. The applicable prices are those that appear on the site of the country from which the Customer places the order.

The prices are expressed in euros, including all taxes for the countries of the European Union, excluding the participation in the processing and transport costs. Transport costs are invoiced separately to the Customer, who must pay them in addition to the purchase price. They are indicated at the time of the Customer's choice of delivery.  

Prices may vary according to commercial conditions and promotional offers.  

HERITAGE PARTS SUPPLY reserves the right to change prices at any time, without prior notice. However, it undertakes to apply the prices in force at the time of validation of the order, subject to the availability of the product ordered on that date.  

HERITAGE PARTS SUPPLY also expressly reserves the right to modify or correct its prices at the time of invoicing to take account of any computer or display errors linked to the technique of distance selling via the Internet.  

HERITAGE PARTS SUPPLY is furthermore entitled to charge additional fees to cover the costs incurred by HERITAGE PARTS SUPPLY for the use of specific payment methods.  

The customer agrees that HERITAGE PARTS SUPPLY may send the invoice in electronic form.  

HERITAGE PARTS SUPPLY reserves the right to refuse an order in the event of non-payment or non-payment in full of a previous order by the Customer.  

Article 5. Methods of payment  

HERITAGE PARTS SUPPLY provides the Customer with various means of payment offering maximum security and guarantees:  

• Credit card: payment is made via the secure online payment platform "Ogone", by indicating directly in the area provided for this purpose the name of the cardholder, the card number, the date of validity and the verification code if applicable. The Customer's bank account is debited after confirmation of the purchase and the payment is only effective when the Customer's bank gives its approval to HERITAGE PARTS SUPPLY. If the latter refuses the payment, the order is automatically cancelled. PENDING
• Bank transfer: payment is made by bank transfer. The Customer must indicate the order number in structured communication. The bank details of the account to which the transfer is to be made are communicated to the Customer at the time of confirmation of the order via the electronic sales site or by email. The order is saved for 9 days. Payment must be made within this period, failing which HERITAGE PARTS SUPPLY reserves the right to cancel the order.
• PayPal: payment is made via the PayPal platform, under the platform's terms of use, of which HERITAGE PARTS SUPPLY remains a third party. After confirmation of the payment on PayPal and validation of the order, the Customer's bank account is debited.

Article 6. Delivery  

6.1. General  

Products purchased on the e-commerce site or by e-mail are only available for delivery in all European countries.  

The Customer is solely responsible for the accuracy of the information communicated at the time of the order. In the event of an error in the recipient's contact details, HERITAGE PARTS SUPPLY shall not be held responsible for the impossibility of delivering the order.

The delivery is carried out as follows:  

• Collection from our facilities: free of charge
• By Bpost for small parcels, anywhere in Belgium DPD (to the address indicated by the Customer at the time of ordering).
• By carrier: UPS (at a UPS collection point in Belgium, chosen by the Customer at the time of ordering) or by DPD (at the address indicated by the Customer at the time of ordering).

UPS and DPD deliver throughout Europe.

HERITAGE PARTS SUPPLY undertakes to do its utmost to ensure that the products ordered are delivered as soon as possible, except in the event of stock shortage or force majeure (strike, natural disaster, terrorism, act of the carrier, etc.).

It is the Customer's responsibility to check the conformity of the products and the state of their packaging upon receipt, and to exercise recourse against the carrier.  

6.2. Tariffs

The total weight of the order may not exceed 15 kg. In the latter case, the transport costs shall be expressly confirmed between the Customer and HERITAGE PARTS SUPPLY. HERITAGE PARTS SUPPLY reserves the right to offer the Customer another method of delivery if the carrier's constraints so require.

The transport costs are calculated and mentioned separately on the order form before the order is confirmed. This rate is determined automatically by the logistics platforms. By validating the order, the Customer accepts without recourse the terms, conditions and shipping rates.

Article 7. Availability and quality of products

​HERITAGE PARTS SUPPLY has paid particular attention to the products and they are described and represented as faithfully as possible in order to give the customer a clear, precise and detailed view of what is offered.

Prior to any use, the Customer acknowledges having read and accepted the product specification sheet (which contains, in particular, advice on use, etc.), available on the Website, and specific to each product. The users of the products shall be solely responsible for any use that does not comply with the product specifications. HERITAGE PARTS SUPPLY shall in no case be held liable for any erroneous or unjustified use that the Customer may make of the products that he has acquired, nor for any material or physical damage caused to third parties or to himself by erroneous and/or illegal use of the products.

Products are available while stocks last.

HERITAGE PARTS SUPPLY endeavours to update its site regularly, particularly with regard to the availability of products. Nevertheless, some products may be temporarily or permanently unavailable, and thus cause stock shortages.

HERITAGE PARTS SUPPLY shall not be held liable in any way for such unavailability.

If one or more items become unavailable after the order has been confirmed, HERITAGE PARTS SUPPLY shall personally notify the Customer as soon as possible either by e-mail or by telephone. It shall also inform the Customer of the waiting period required to restock the product.

The Customer will then have the choice to either wait for the delivery of the product after restocking, or to cancel or exchange the order. The Customer must inform us of his choice by return e-mail (info@heritagepartssupply.com).

In the event of total or partial cancellation of the order due to unavailability, the Customer's bank account will not be debited for the amounts corresponding to the unavailable products. If the debit has already been made, the Customer will be reimbursed within 14 days for the sums paid for the unavailable products.

If the Customer chooses to wait for the product to be restocked, HERITAGE PARTS SUPPLY shall do its utmost to ensure that the product can be delivered within the period indicated, without however committing itself to any obligation of result in this respect, and without the exceeding of the said period being able to engage its liability in any way.

Article 8. Transfer of ownership and risks

The products remain the exclusive property of HERITAGE PARTS SUPPLY until full payment of the order price, regardless of the date of delivery and the means of payment.

8.1. Specific provision for professional clients

In case of sale to a professional Customer, the goods shipped by HERITAGE PARTS SUPPLY always travel at the exclusive risk of the Customer.

In this case, the risks shall pass to the professional customer as soon as the loading of the goods at the HERITAGE PARTS SUPPLY's place of business begins, which contractually materialises the taking of possession on the part of the customer, irrespective of the means of transport used and the terms of payment provided.

8.2. Specific provision for consumer customers

In case of sale to a consumer Client, the transfer of risks takes place at the moment when the Client or a third party designated by the Client takes physical possession of the goods. However, where the consumer has requested the intervention of a carrier who has not been offered by HERITAGE PARTS SUPPLY, the risks are transferred to the Client when HERITAGE PARTS SUPPLY hands over the goods to the carrier.

Article 9. Right of withdrawal, return and refund (specific provision for consumer customers)

Any consumer Customer has the right to withdraw from the contract, without having to give any reason or pay any damages, within 14 days of receiving the product.

In order to exercise his right of withdrawal, the Customer must notify HERITAGE PARTS SUPPLY of his intention to withdraw by means of an unambiguous statement before the expiry of the withdrawal period, by sending an e-mail to the address info@heritagepartssupply.com.

The Customer then has an additional period of 14 days from the notification of his intention to withdraw to return the products.

The costs and risks associated with the return of the product shall be borne by the Customer who sends it. The return of the products will result in a refund equal to the price of the product(s) purchased. The refund of the purchase shall be made within 14 calendar days after HERITAGE PARTS SUPPLY has received the return in due time. It will be credited to the means of payment used for the transaction or, if the payment was made by bank transfer, the refund will be made by transfer to the bank account from which the payment was made.

Products must be returned in new condition, in their original packaging, still sealed, in perfect condition, including but not limited to the included samples and any instructions for use, and must be accompanied by the delivery note.

Products returned outside the 14-day period, damaged, soiled or opened products, as well as returns for which the procedure in this article has not been followed, shall not be accepted and shall not be refunded. In the event of manifestly abusive and repeated returns, HERITAGE PARTS SUPPLY also reserves the right to refuse any further orders.

Article 10 - Legal guarantee

10.1. Specific provision for consumer customers

Any consumer Customer has a guarantee for any defect of conformity, affecting the delivered product, existing at the delivery of the product and manifesting itself within a period of two years as from this one, taking into account however the specifications of the product.

The two-year period shall be suspended for the period required to repair or replace the goods or in the event of negotiations between HERITAGE PARTS SUPPLY and the customer with a view to an amicable settlement.

The Customer who wishes to invoke this guarantee is obliged to inform HERITAGE PARTS SUPPLY, as soon as possible and at the latest within two months from the day he noticed the defect, of the existence of the lack of conformity, by sending an e-mail to the address info@heritagepartssupply.com.

The warranty does not apply to products that have been deliberately damaged or damaged as a result of negligence on the part of the Customer. Nor does it apply if the deterioration is due to wear and tear, transport or improper use.

In the event that the legal guarantee of conformity is exercised, the Customer may choose between repairing or replacing the product, subject however to the reservations of Article 1649quinquies of the Civil Code.

10.2. General provision (consumer and business customers)

Any Customer, whether a consumer or a professional, also benefits from a guarantee for any hidden defect affecting the product sold, which would make it unfit for the use for which it is intended.

In the event of the exercise of the legal guarantee for hidden defects, the Customer may choose between the cancellation of the sale or a reduction in the sale price.

Article 11. Responsibilities

In addition to the exemptions provided for in other clauses of the General Terms and Conditions, HERITAGE PARTS SUPPLY shall not be held liable in any way for any direct or indirect damage incurred by the Client in connection with the use of the Website and/or its content.

HERITAGE PARTS SUPPLY undertakes only an obligation of means for everything that concerns the stages of access to the site, the order process, delivery or subsequent services.

HERITAGE PARTS SUPPLY shall not be held liable in any of the following cases:

• For loss of opportunity, revenue, contract, reputation and any indirect or consequential loss;
• In the event of illegal or unauthorised intrusion by any third party into its web server;
• If a computer virus is introduced into the web server or the Website.

HERITAGE PARTS SUPPLY also reserves the right, at any time and for any reason whatsoever, to modify or interrupt temporarily or permanently all or part of the access to the Website, without having to inform the Customer in advance. This will be the case, for example, in the event of maintenance of the Website.

In addition, the Website may contain hyperlinks to third-party websites or pages or indirectly refer to them. The creation of links to third-party websites or pages does not imply any implicit approval of their content. HERITAGE PARTS SUPPLY expressly declares that it has no control over the content and/or characteristics of these sites and therefore declines all responsibility in this respect or for any damage resulting from their use.

In all cases where HERITAGE PARTS SUPPLY's liability is or may be called into question, it shall be strictly limited to the amount actually paid by the Customer for the order in question.

Furthermore, HERITAGE PARTS SUPPLY shall not be liable in any way for non-performance of the contract due to an unforeseeable event beyond its control, disruption or total or partial strike, in particular of the means of transport and/or communication services, fire, flooding, etc.

Article 12. Intellectual property

All elements, such as, among others, texts, the database containing all data published on the website, the layout and graphic design of the web pages, the sales catalogue, photos, images, videos and music on the website are protected worldwide by copyright, database rights, trademark rights, patent rights and other forms of intellectual property rights. They therefore remain the exclusive property of HERITAGE PARTS SUPPLY.

Any form of copying, publication, counterfeiting or any other form of use is therefore prohibited without the prior written consent of HERITAGE PARTS SUPPLY. This consent must be obtained in writing, unless HERITAGE PARTS SUPPLY has itself provided for the possibility of sharing certain elements via social networks. In this case, consent is limited to these specific elements and to the specific social networks for which HERITAGE PARTS SUPPLY has provided the possibility of sharing. Any violation of this clause will be prosecuted

Article 13. Privacy and personal data

All orders shall be processed in accordance with the HERITAGE PARTS SUPPLY privacy policy, which is available on its website and forms an integral part of the General Terms and Conditions.

Article 14. Waiver

HERITAGE PARTS SUPPLY's failure to exercise one or more of its rights, as specified in the General Terms and Conditions, may never be considered as a waiver for the future of the exercise of such right(s).

HERITAGE PARTS SUPPLY shall never be presumed to have waived a right resulting for it from the General Terms and Conditions or from a fault or breach of obligations resulting for it from the General Terms and Conditions committed by the Client, unless it has expressly waived this in writing.

The waiver of any right or remedy by HERITAGE PARTS SUPPLY shall only have an isolated effect and shall not entail a waiver by HERITAGE PARTS SUPPLY of any other right or remedy, even if such right or remedy is comparable to the one waived.

Article 15. Evidence

The computerised registers kept in the computer systems of HERITAGE PARTS SUPPLY shall be considered as proof of the communications, orders and payments made between the parties.

Article 16. Partial nullity

The nullity of one of the clauses or parts of clauses of the General Conditions does not entail the nullity of the latter. The invalid clause or part of a clause shall be deemed to be unwritten only to the extent of its illegality, and the parties undertake to replace it, if necessary, with an economically equivalent clause.

Article 17. Disputes

The General Conditions are subject exclusively to Belgian law.

All disputes to which this contract may give rise concerning its validity, interpretation, performance, termination, consequences and follow-up shall fall within the exclusive jurisdiction of the courts of the registered office of HERITAGE PARTS SUPPLY.

In case of contradiction between the different language versions of the site, the French version of these Terms and Conditions shall prevail.