TERMS AND CONDITIONS
WE ASK YOU TO READ THIS DOCUMENT CAREFULLY, AS ONCE ACCEPTED, YOU WILL BE BOUND BY ITS CONTENT
Acceptance and Contractual Capacity
You, (hereinafter “the user”), agrees to the presented terms in this contract. These terms and conditions must be accepted along with their respective actualizations, as an indispensable requirement to access the services provided by All Parts .
The user who accepts this terms and conditions agreement must be legally eligible to conclude a contract, in accordance to the law of the United States of America that establishes being the minimum age of 21 years old. All Parts assumes that the user accepting this terms and conditions agreement, is aware whether they are able and in capacity to conclude a contract on behalf of the individual who is determined to be the user.
In the case an individual attempts to make use of All Parts being a minor or for any legal reasons is not in capacity of fulfilling the presented agreement, must be represented by the individual who is legally entitled through written text, to represent them. In the case of underage individuals, it must be their parent(s) or legal guardian exercising their legal representation.
In the event the user is a minor or a person devoid of the ability to appear as their own, must attend with an adult individual.
Terms of Service
The activity of All Parts will be carried out as follow:
All Parts services consist of users being able to access our platform in which the user can consult information regarding heavy machinery which is utilized in different industries such as construction, mining, agriculture or industrial processes mainly; there you will find information on spare parts for heavy machinery, consultation of part manuals, pricing requests, detailed information of parts as well as filtered information of the available machinery brands. This can vary from machine model to sub-model, serial number, part groups, price range requests and the completion of a purchase, rental or any transaction with the supplier.
On our All Parts platform, users can be of two types: consumer user and supplier user. The consumer user is the one in search of certain information about heavy machinery and the available parts or wishes to make a purchase for these goods. The supplier user is who also access the platform to offer its products specifically.
To access the platform either as a “buying user” or “supplier user,” users must register and be logged in, for which they can access the website with our guidelines containing all the steps on how to use the platform correctly.
Users who have logged in can access all the information that has been published or offered by third parties, to whom they can request detailed information of the product of their choice, always having All Parts as an intermediary.
All Part performs a brokerage between consumers and suppliers of goods. The negotiation, value, method of payment, conditions of the transaction as well as conditions set post-sale, are established directly between the consumer and All Parts and then on, between the supplier and All Parts . The transaction will be regulated by the laws of the United States of America, or where the transaction is being performed.
All Parts , does not hold onto money or amounts, it simply provides detailed information with the features previously mentioned about products that the “supplier user” enters onto the platform, therefore, All Parts is responsible for the information published on the platform, and reserves the right to admit, publish information, as it deems appropriate, in order to safeguard the rights of consumers and provided that they are acts that are not against the law and/or affect morality and good customs.
Therefore, All Parts will comply with the agreement between the buying user and All Parts , as well as the agreement between the supplier user and All Parts , on all aspects of quality, warranty, support and post-sale service which must be established directly by the “buying user” and “supplier user” with All Parts .
Notwithstanding the above, in the case of a claim, post-sale service, or any inconformity by users regarding the product purchased through the platform, All Parts will facilitate all contact information of the sales representative at All Parts , in order to attend your claim or request directly with the third party, following the parameters established in the privacy and data processing policies as stated on the platform.
Using the platform only generates a fee in favor of All Parts of a percentage on the transaction value in the following terms:
If the transaction is less than $20,000 USD, the supplier will assume the administrative fees charged by All Parts of 15% of the total value of the transaction.
If the transaction is superior of $20,000 USD, the supplier will assume the administrative fees charged by All Parts of 10% of the total value of the transaction.
Time conditions: Delivery of goods and provision of information:
The delivery information of a good; price amount, features, function manuals will be provided through the platform to the buying user who is registered and logged in, within a maximum time period of 24 hours.
The delivery of such goods purchased by the buying user will be established between the buying user and the supplier detailing the conditions, time and location.
The delivery or post-sale services will be established by the supplying user detailing conditions, time and location, who assumes responsibility arising from the proper functioning of the purchased product.
Location: Users will establish the place of delivery of the product. The transaction shall be regulated under the laws of the United States of America, as otherwise stipulated by users.
Availability: Product availability will be advised in a timely manner by the supplier, while the availability of the information will be managed directly by All Parts .
User manual: Registered users will be able to access the user manual on the platform, which indicates how to enter the information to become either a buying user or supplier user.
El destinatario final y único del pago que el “usuario consumidor” haga para obtener el producto será “el usuario proveedor”, previo descuento de la comisión que recibe plataforma ALL PARTS por realizar la intermediación y por autorizar el uso de la plataforma.
To ensure greater transaction security, payments may only be made through the systems authorized by All Parts . Users may choose their preferred payment method from those authorized by law and regulatory entities in the United States of America.
All Parts is aware that owning user information is classified as sensitive and can be delicate. Therefore, it is committed to keeping this information safe and isolated from improper uses.
All Parts assumes that the information on payment forms, cards, account numbers and others entered, are known to the account holder. Therefore, All Parts does not take responsibility for the improper use of credit cards, or information to make the transaction, being defined as irresponsible use, forgery and impersonation of the account holder.
Therefore, All Parts abstains from performing any kind of acts aimed at carrying out the verification of a user’s personal data to those registered on the credit cards and/or bank accounts, as those providing such information is considered as their own and knows which information is available or not, to other individuals.
For all that, users authorize All Parts to carry out any verification or consultation of their data in any database, risk and information centers or any other source of information that can assist them to benchmark its credit and financial commitments, both nationally and internationally.
Users affirm under oath, that they are not included in any list or restriction that relates to money laundering or terrorist financing, and that their income is unrelated to any type of acts determined by the Colombian and international law for money laundering, drug trafficking, terrorism or any other illicit activity.
All Parts does not take responsibility for any transaction made inside or outside the platform. The liability is assumed by the user according to the agreement that is made on the payment.
There are no exchanges, refunds or cancellations of purchased products; in the case of a cancellation, users must follow the policies of payment reversal or resolution of the dispute, which can be reconciled or carried out through the mechanisms that the law allows. In any case, the reimbursement may be processed through the Consumer Protection procedures that are legally used in the United States of America.
In those cases where a transaction is made through the All Parts platform, users are entitled to have the transaction reversed, provided that: (i) the transaction has been subject of fraud; (ii) the operation is an unsolicited operation; (iii) the product purchased by the “buying user” is not received; (iv) the product delivered does not correspond to the one requested; or (v) the product is defective. In such cases, All Parts will provide the needed information for the user to make the respective claim.
For these purposes, it is imperative that the user files the corresponding claim with All Parts and return the product, when appropriate. The user must also notify the issuer of the electronic payment used to make the purchase, which, in conjunction with the other participants of the payment process, will reverse the transaction to the buyer.
In the case of a change in scheduled delivery date and time, All Parts will notify the user of such situation,
En caso de cambios en fechas y horas de entrega programadas All Parts enviará en un término prudencial la comunicación al Usuario notificando de esta situación, con posterioridad a la notificación a la Superintendencia de Industria y Comercio, que exige la circular única de esta entidad.
Right of Withdrawal
Prior to using the All Parts platform, it is the user’s obligation to review the general data of the purchase (quantity, price and general features reported on the platform), as after the transaction has been placed and finalized, there will be no changes including refunds or cancellation of orders.
Notwithstanding the above, the buying user may exercise his/her right to withdraw under the terms of the U.S law. For these purposes, the user must notify All Parts of his/her decision to exercise the right of withdrawal within 2 days of the time of purchase.
Once the withdrawal is notified in the terms provided for by the law, All Parts will be responsible for verifying that the money is returned by the “supplier user” to the “buying user” within thirty (30) calendar days from the time the right to withdraw was notified and by the same means it was paid.
For the purposes of exercising the right of withdrawal, users must reach out to the following channels:
Número de teléfono: +1-46-0948348
Address: 7252 PEBBLE Beach RD Fort Myers FL 33967, USA
When such scenarios are presented, All Parts will be responsible for verifying that the refund of money was made, as well as the proper return of the product without recognizing any transport costs or other indirect costs incurred by the users, or any liability that is derived from the transaction or contract between users.
PERIODIC CHANGES ON THE INFORMATION AVAILABLE OR PLATFORM INTERRUPTIONS MAY OCCUR, NOT ATTRIBUTABLE TO All Parts , WHO HAS THE RIGHT TO IMPROVE FUNCTIONALITIES ON THE PLATFORM, AS WELL AS THE RIGHT TO SUSPEND ACCESS TO A USER FOR ANY REASON OR CAUSE AND WITHOUT NOTICE, WHEN CONSIDERED FOR A REASONABLE MANNER.
IN NO EVENT, SHALL All Parts AND ITS AFFILIATED COMPANIES AND/OR DIRECTORS AND/OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES GENERATED TO YOU, INCLUDING DAMAGES IN MOBILE DEVICES OR LOSS OF DATA.
All Parts ASSUMES NO PARTICULAR RESPONSIBILITY FOR ANY TRANSMISSION OF MALICIOUS PROGRAMS SUCH AS VIRUSES, TROJANS, MALWARES, SPYWARES OR SIMILAR THREATS THAT MAY AFFECT THE USER. LIKEWISE, YOU AS A USER, WILL HAVE THE OBLIGATION TO REFRAIN FROM TRANSMITTING SUCH PROGRAMS TO THE SERVERS OF All Parts OR THOSE OF OTHER USERS. OTHERWISE, YOUR ACCOUNT WILL BE TERMINATED DEFINETELY.
YOU AGREE AND ENSURES THAT YOU WILL NOT SHARE CONTENT ORIGINATED IN LINKING, FRAMING AND/OR INLINING THROUGH THE All Parts PLATFORM AND THAT YOU WILL KEEP All Parts AND OTHER THIRD PARTIES HARMLESS OF THESE FACTORS.
In the case of damage or loss of proof of purchase, All Parts will not be responsible; Users will be solely responsible for keeping this information safe.
Users understand that the service is provided solely and exclusively by All Parts and that therefore, they have not acquired any contractual association with All Parts INC. In no event shall they claim their liability invoking the text of these terms.
You agree to indemnify and hold All Parts and its affiliated companies, shareholders, directors and employees, harmless from any claims, losses, obligations, damage or any prejudice, including attorneys’ fees, resulting from failure to comply with them, and the violation of rights of any individual from the misuse of the platform and the services offered by All Parts . This will extend, but not exclusively to conducts that infringes the intellectual property rights of All Parts and/or its affiliated companies in accordance to the provisions of the “INTELLECTUAL PROPERTY” statement written on this document.
The user acquires a non-exclusive, worldwide, temporary and non-transferrable license to use All Parts , but at no time will the user acquire ownership of the platform. The copyright on the work and software developments that make up the platform and other related services will be owned by All Parts and under no interpretation will these service terms be transferred to users.
Users will refrain from using the All Parts platform to infringe the intellectual property of All Parts or third parties (trademarks, patents, copyrights, industrial designs or image copyright). By accepting these terms and conditions, the user declares that they will refrain from any act that will compromise these rights. Therefore, any act that the user performs to the detriment of these intellectual property rights, will be their sole responsibility and will not generate any liability to All Parts .
The use of hashtags (#), tags or meta tags with the (@) symbol, must respect the trademark, trade name and other industrial property rights of third parties.
Processing of Personal Data
All Parts will carry out the processing of Personal Data stored in its data bases. The information and personal data provided to All Parts may be processed, collected, stored, used, circulated, deleted, shared, updated or transferred in whole or partially by contractors, shareholders and partners of All Parts when required for commercial, financial, administrative and operational purposes, including sensitive data. As the holder of your personal data, you have the right to:
a) Be aware, update, and verify their personal data. This right may be exercised among others against partial, inaccurate, fractional, misleading data, or those whose processing has been prohibited or has not been authorized.
b) Request proof of authorization granted to All Parts , except when required for data processing and in accordance with the provisions of the applicable regulations.
c) Be informed by All Parts , upon request, regarding the use of the provided personal data.
e) Revoke the authorization or request the deletion of the data when the data processing does not follow the established principles, rights and constitutional guarantees.
f) Access to the data that was processed.
All Parts requires the user to enter an e-mail address, as well as entering the additional required information onto the platform. By doing so, you agree to receive emails with information regarding the use of All Parts , promotional information or other information processed or sent by All Parts .
All Parts may use the data base of companies or users for advertising or commercial purposes for its own use or third parties. This will not generate any type of income to users.
The terms and services provided in the development thereof, are governed by the laws of the United States of America. If any of these conditions is determined to be null or against the law, included, but not limited, with regard to the limitations of liability and guarantees, the invalid or non-enforceable provision will be replaced by a valid and applicable provision similar to the original one, meanwhile the remaining agreement between All Parts and the user will continue in effect.
These terms constitute the agreement between the user and All Parts , and replace all previous terms and propositions, whether electronically, oral or written between the user and All Parts with respect to the topics covered herein.
Last update: October 3rd, 2019