GENERAL TERMS AND CONDITIONS – ESPARES ONLINE AUTOMOTIVE PARTS FINDING SERVICE
(VERSION 14.2 – 1.5.2015)
Thank you for visiting Partsfinder Limited trading as eSpares.co.nz. eSpares is an online web-based service that puts people, companies or businesses that require automotive parts in touch with automotive parts suppliers who sell them ("the services").
eSpares was established in 2005 and is a New Zealand company which is independently owned and operated.
DEFINITIONS AND INTERPRETATION TERMINOLOGY – MEANINGS OF EXPRESSIONS OR WORDS
This means an individual, business, company or other organisation who registers with eSpares. A member can be a buyer or seller.
Means any individual, company, business or other organisation that purchases parts through the eSpares site.
This means any individual, company, business or other organisation that sells parts through the eSpares site.
Means Partsfinder Ltd or eSpares.co.nz.
Means any individual, company, business or other organisation that buys or sells parts through the eSpares website.
Means any part associated with automotive motor vehicles and/or their accessories.
Means a part quote request submitted on the website to locate parts.
Means the services as defined above.
TERMS AND CONDITIONS
Acceptance of Terms
Once you have registered as a member of eSpares, you acknowledge and accept these terms and conditions. Before you become a member, please familiarise yourself with the services.
You may wish to clarify the terms and conditions from time to time, please feel free to email firstname.lastname@example.org.
From time to time, the terms and conditions may be amended. The amendments will be either posted on this website or emailed. Please ensure that you familiarise yourself with any alterations to the terms and conditions that may be posted on this site. eSpares accepts your ongoing use subsequent to any change in the terms and conditions on the basis that you are in agreement with the amended terms and conditions.
How to Become a Member
You can only become a member if you can form a legal binding contract by law and it is enforceable against you. You must be at least 18 years old, once you have registered as a member, you acknowledge that you are in a position to form a legally binding contract.
Cost to Become A Member
To register as a buyer, membership is free. To register your interest in becoming a Supplier Click here, For trade users wishing to register for “Find a Mechanic” service Click here
Information About You
When you register as a member, you warrant that your personal information is complete and accurate. You must update your personal information. You must not provide false information or conduct multiple registrations.
eSpares may terminate your membership at any time. eSpares may refuse to register your membership at any time. eSpares will not enter into any negotiations, discussions or written correspondence with you regarding our decision not to register you or to terminate your existing registration.
Please be sensible with your login information. We recommend that you regularly change your password. You are responsible for the security of your password and email address. Ensure that you do not release this sensitive information to any third party to allow them access to your personal information.
All quote requests shall be made in good faith.
You agree to:
- Provide sufficiently detailed information to accurately identify your vehicle and the parts that you require from the eSpares supplier network.
- Not deliberately attempt to introduce harmful activities into the website.
- Accept that eSpares does not own or take possession of any automotive parts at any time and eSpares only provides an online website service for members to sell and purchase parts.
- Not use this website to obtain market information about the cost of parts or their availability without any intention to complete a bona fide purchase.
- Acknowledge that eSpares will monitor transactions on the system and if it appears that you are conducting irregular business, your membership may be cancelled or restricted.
- Memberships are not tradable.
- You will not deliberately complete a sale or purchase outside the eSpares purchase process to avoid supplier's Point of Sale commission (if any). If eSpares identifies such avoidance, your membership will be terminated.
- Acknowledge that eSpares does not have any tax obligations in respect of transactions between the purchaser and seller.
The supplier will:
- Endeavour at all times to respond to the buyers’ quote request quickly and accurately.
- Acknowledge that you are competing with various other suppliers to sell parts and your quote may not be successful or be accepted.
- Receive quote requests from purchasers who require quotes on their parts that match your supplier profile.
- Not sell parts that you are not legally entitled to sell and only sell parts that you legally own.
- Agree on the terms of sale, payment and supply with the buyer.
- Sell parts that are of a merchantable quality.
- Despatch the parts to the buyer on reaching a sale/purchase agreement.
- Not use the eSpares website to promote your business without authorisation from eSpares.
- Not manipulate sale prices or act in an anti-competitive manner.
- Not link this website to any other website, without authorisation from eSpares.
You agree to:
- Provide the supplier network with sufficiently detailed information to accurately identify your vehicle and parts that you require.
- Receive quotes from eSpares suppliers to your quote request.
- You can choose parts from any supplier that responds to your quote request.
- Use the system when you are genuinely looking for parts to purchase.
- Not use the system to obtain market information about parts, cost or availability only.
- Not use the website to promote your business without authorisation from eSpares.
- Agree on the terms of sale, payment and supply with the supplier and meet the payment conditions that you have agreed to with the supplier.
RISK AND LIABILITY
You agree that eSpares only provides a tool via a web-based online system for you to get in touch with people, companies, businesses or other organisations who wish to locate or sell motor vehicle parts. All transactions and communications between members are at your risk. You agree that eSpares has no liability or responsibility for any of its members who have falsely registered, or attempt to defraud or otherwise acted unlawfully or in breach of these terms and conditions.
eSpares does not undertake or make any representation or provide any warranty in relation to parts sold or requested on the website including:
- The quality or durability of the part.
- The condition of the part.
- That the part is correct for the purchaser’s needs or expectations.
- That the member is able to meet the terms and conditions of the transaction.
- eSpares suppliers provide their own parts warranties and this information is readily available from eSpares suppliers prior to purchase.
You agree that eSpares will not have any liability or responsibility to you or any other person, company or business under or in connection with these terms and conditions, or in connection with the services, this website, and other members acts or omissions or use of, or inability to use the services of this website, regardless of whether such liability arises in contract, tort (including negligence, equity, breach of statutory duty or otherwise).
eSpares will not have any liability or responsibility in respect of any or all loss or damage, whether direct or indirect, including, without limitation loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential or incidental loss.
You expressly understand and agree that:
- Your use of the service is at your sole risk. eSpares disclaims and excludes all implied conditions, all warranties, including but not limited to, any warranties or merchantable, fitness for a particular purpose and non-infringement.
- eSpares does not warrant that the services provided will be uninterrupted, timely, secure or error free, or that any information including feedback provided on the website is error free or reliable.
- No advice or information that is obtained by you through this website from eSpares or anyone else shall create any warranty by eSpares that is not expressly stated in the terms and conditions, and
- Responsibility for content of advertisements appearing on this website including hyperlinks to advertisers own websites rests solely with the advertisers. The placement of such advertisements on the website does not constitute eSpares recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with any such advertisement.
You agree to release, indemnify eSpares and keep us indemnified from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions, your failure to complete a transaction or from the use of eSpares systems, feedback or relating to the sale of prohibited items or arising out of the use of the services available through this website.
Without limiting any other rights and remedies available to eSpares, eSpares may limit your activities on the website, remove your membership or requests or responses, and warn other members of your actions, issue a warning to you, suspend or terminate your membership or refuse to provide our services to you if you breach these terms and conditions or where eSpares considers it appropriate.
There is feedback provision on the website and you may use it but refrain from using offensive, inappropriate or defamatory language. eSpares may at any stage determine what is considered offensive, inappropriate or defamatory language and remove or moderate it. You may only provide feedback as it relates to a specific sale or purchase or system functions and features. The feedback section is available to help provide information about a sale, purchase and system functionality to identify and help inform us about your experience on this website and with our members.
The system provides for members to communicate general feedback which may be made public. This information is gathered by eSpares and is used for system process and development purposes.
COSTS AND FEES
The buyer does not pay fees to gain access to eSpares or use the eSpares website.
The supplier pays various charges depending on their chosen plan.
We value your privacy. We will not sell, give or otherwise disclose your personal information to anyone without your consent, except as required to provide to suppliers to quote and deliver parts or services.
Re-sale or Disclosure of Information to Third Parties
eSpares does not sell, rent, loan, trade or lease any personal information collected by our website, including registrations, contact forms or email lists.
Use of Information Collected by our Website
eSpares collects information from users registering on our website. This information is kept confidential but is disclosed to suppliers to quote a request or fulfil an order or to fulfil other associated services or activities provided by the website.
What Information is shown to Suppliers when you send a request
Your city, region and postcode and your eSpares registered random number is shown to suppliers so freight costs can be quoted accurately. When you place an order online for parts, you will be required to provide additional information about yourself to the supplier so they can conclude the sales transaction successfully.
- eSpares firmly supports a no spam policy and will not intentionally give out your details to any other third party. Your email address will be shown to eSpares suppliers for communication purposes about your part quote request or order. We will not sell or rent your personal information to third parties for their marketing purposes without your consent.
- You provide us with personal information that we collect. We may use this information from time to time to communicate with you about our services. You can opt out of receiving any promotional emails. You agree that eSpares may be required by law to release your personal information.
- We may also use the information you provide to prove your identity for marketing and promotional work and any other use that you may authorise.
You agree that eSpares is not party to the sale and purchase between members and you agree not to include or involve eSpares in any dispute or resolution that may occur as a result of the service provided or transaction that has occurred. However, you may notify eSpares that a dispute has occurred and reasons for the dispute.
eSpares will endeavour to provide consistent availability to the website and services but may be subject to downtime for maintenance requirements. eSpares will not be responsible for system failure or unavailability or for any loss whatsoever that is incurred as a result of the website or services not being available.
eSpares will not assume responsibility for data or information collected by eSpares.
eSpares will have no liability for lack of performance failure or unavailability of the website services or for any failure of eSpares to meet compliance with the terms and conditions where the same arises from any cause reasonably beyond the control of eSpares.
Failure by us to exercise or enforce any right available to us under these terms and conditions does not constitute a waiver of those rights.
This agreement is governed by New Zealand law.
In the event that any provision of the terms and conditions is held to be invalid for any illegal reason, the provisions shall be removed from the remaining terms and conditions which shall remain in full force and effect.
This agreement, as amended from time to time forms the entire agreement between the parties relating to the subject matter of these terms and conditions.
Intellectual Property Rights
Means any rights arising by virtue of any law or custom relating to the protection of intellectual property rights in the website and without limitation includes: designs, whether or not registered or registerable as patents or designs, graphics, text, logos, artistic works, icons, sound recordings, copyright (including future copyright) which copyright subsists or may in the future subsist, trade and service marks and names whether registered or unregistered, the software and other underlying material which forms part of the services and website. You must not, without our written consent or permission, in any way: copy and sell any information obtained from any part of this website, market or commercialise, distribute, print, reproduce, copy, store, adapt, display, publish or imitate work from any part of this website.