TERMS AND CONDITIONS OF THE PLATFORM
WE REQUEST YOU TO READ THIS DOCUMENT CAREFULLY, SINCE ONCE YOU ARE ACCEPTED, YOU WILL BE LINKED TO ITS CONTENT
The terms expressed in this contract constitute the conditions of use and privacy for all the services provided at present and those added in the future, by PARTS CONEXIÓN INC., (Hereinafter PARTS CONEXION) on its website. The user agrees, when starting to use the platform, to respect all the conditions imposed by this contract. The service provider will be PARTS CONEXIÓN INC., A commercial entity established in accordance with the laws of the United States of America and identified with Registration Number G19000030727.
Acceptance and Capacity to Enter into Contracts
You, (hereinafter "The User"), expressly accept the terms presented in this contract. These terms and conditions must be accepted together with their updates, as an essential requirement to access the services provided by PARTS CONEXION.
The user who accepts this terms and conditions agreement must be legally eligible to enter into a contract, in accordance with the law of the United States of America that establishes the age of majority at 21 years. PARTS CONEXION understands that the user who accepts this terms and conditions agreement previously knows whether or not they are able to enter into contracts in the name of the person who is determined as the user.
In the event that the person who intends to go to PARTS CONEXION is a minor or for other legal reasons is not in the capacity to sign this agreement, it must be linked to its text through whoever is legally empowered to represent it. In the case of minors, it must be one of their parents or the adult who exercises their legal representation.
In the event that the attending User is a minor or a person lacking the capacity to appear on their own, they must attend with a person of legal age.
Conditions of service
The PARTS CONEXION activity will be carried out as follows:
- Service description: The PARTS CONEXION service consists of accessing a platform in which the user can consult information on heavy machinery used in different industries such as construction, mining, agriculture or industrial processes mainly, there you will find information on spare parts for heavy machinery, consulting parts manuals, requesting prices, obtaining detailed information on parts, as well as filtering information by available brands of machinery, type of machine, sub type of machine, model, Serial, group of Parts, request for costs and the completion of the purchase, rental or any commercial transaction with the supplier.
In the PORTAL PARTS CONEXIÓN platform, users can be of two types: "consumer user" and "provider user". The "consumer user" is someone who is looking for specific information about heavy machinery and its parts, or who wants to make a purchase of said products; On the other hand, the “supplier user” is the one who accesses the platform to specifically offer their products.
To access the platform, either as a "consumer user" or as a "supplier user", users must register and be logged in, for which they will be able to access an instructions on the page with all the steps to use the platform correctly.
Users having started a session can access all the information contained in the platform that has been published or offered by third parties, from whom they can request all the detailed information they require about the product of their choice, always counting on the intermediation of PARTS CONEXION .
PARTS CONEXIÓN carries out an intermediation work between the "consumer user" and the "supplier user" of the product, so that the negotiation, value, payment method, transaction conditions and post-sale conditions are established directly between the "consumer user ”And PARTS CONEXIÓN and between the“ provider users ”and PARTS CONEXION, a transaction that will be regulated by the laws of the United States of America, or where the transaction is carried out unless stipulated by the parties.
PARTS CONEXIÓN, does not make any withholding of money and / or amounts, it simply provides detailed information with the aforementioned characteristics on products that the "supplier users" enter the platform, therefore, PARTS CONEXIÓN is responsible for the information that is published on the platform, and reserves the right to admit users, publish or not information, as it deems appropriate, in order to safeguard the rights of consumers and as long as they are acts that are not against the law and / or affect to morality and good customs.
Likewise, PARTS CONEXIÓN will comply with what is agreed between the buyer user and Parts Connection and the seller user and Parts connection, on all aspects of quality, warranty, support and after-sales service, which must be established directly by the "consumer user ”And the“ supplier user ”with PARTS CONEXION.
Notwithstanding the foregoing, in the event of a claim, after-sales service, or any disagreement by users regarding the product purchased through the platform, PARTS CONEXIÓN will provide all contact and information of the Agent representing the sale of Parts Conexion, with in order to attend to your claim or requirement directly with the third party, following the parameters established in the privacy and data processing policies published on the platform.
The use of the platform will only generate charges in favor of PARTS CONEXIÓN of a percentage of the value of the transaction in the following terms:
- If the transaction is less than $20,000 USD, the supplier will assume the administrative costs charged by Parts connection of 15% of the total value of the transaction.
- If the transaction is more than $20,000 USD, the supplier will assume the administrative expenses charged by Parts connection of 10% of the total value of the transaction
- Time Conditions: Product delivery and information provision:
- The delivery of the information of a product, value, characteristics, manual of functions will be provided through the platform to the "consumer user" who is registered and has logged in within a maximum period of 24 hours.
- The delivery of the product purchased by the "consumer user" will be established between the "consumer user" and the "supplier user" detailing the circumstances of the mode, time and place.
- The delivery or supply of after-sales services will be established by the "supplier user" detailing the circumstances of the mode, time and place, who assumes the responsibility derived from the proper operation of the purchased product.
- Place: Users will establish the place of delivery of the product. The transaction will be regulated by the laws of the United States of America, unless otherwise stipulated by the users.
- Availability: The availability of the product will be informed in due time by the "supplier user", while the availability of the information will be managed directly by PARTS CONEXIÓN.
- User manual on the platform: Registered users will be able to access the user manual on the platform, which indicates the way to enter the information, and be a "consumer user" or "supplier user".
The final and sole recipient of the payment that the "consumer user" makes to obtain the product will be "the supplier user", after discounting the commission received by the PARTS CONEXIÓN platform for carrying out the intermediation and for authorizing the use of the platform.
To guarantee greater security in transactions, payments can only be made through the systems authorized by PARTS CONEXION. Users must choose the payment system of their choice from those authorized by laws and regulatory entities in the United States of America.
PARTS CONEXION is aware that having user information is delicate. Therefore you are committed to keeping this information safe and isolated from inappropriate use.
PARTS CONEXION assumes that the information on the form of payments, cards, account numbers and others entered, are known to the account holder, therefore, it is not responsible for the improper use of credit cards, or information to carry out a transaction, understood as irresponsible use, falsification and impersonation of the account holder.
PARTS CONEXION, therefore, refrains from carrying out all kinds of acts tending to carry out the verification of the User's personal data in order to confront them with those registered on their credit card and / or bank accounts, since it assumes that whoever provides the They are their own owner and therefore they know data to which no person has access, in addition to not having databases with which to confront such information.
However, users authorize PARTS CONEXION to carry out any verification or consultation of their data in any database, information and risk centers and any other source of information that provides history on the way in which they attend to their financial and credit commitments, both nationally and internationally.
Users affirm under the gravity of an oath, that they are not included in any list or restriction that refers to money laundering or terrorist financing and that their income is not related to any type of acts of those that Colombian and international legislation determine for money laundering, drug trafficking, terrorism or any other crime that are acquired in a lawful manner.
PARTS CONEXION will not be responsible for payments made inside or outside the platform destined for such purpose, the responsibility is assumed by the users according to the agreement made on the payment.
Reversal of Payments
There are no changes, refunds or cancellations to purchase products; In the event of cancellation, users must establish the policies for reversal of payment or resolution of the conflict, which may be reconciled or carried out through the mechanisms that the law allows. In any case, the refund may be processed through the Consumer protection procedures that are legally used in the United States of America.
In those cases in which a transaction is made through the PARTS CONEXION platform, users will have the right to have the transaction reversed, as long as: (i) The transaction has been subject to fraud; (ii) It is an unsolicited operation; (iii) The product purchased by the "consumer user" is not received; (iv) The delivered product does not correspond to what was requested; or (v) The product is defective. Cases in which PARTS CONEXIÓN, will provide the information for the user to make the relevant claims.
For these effects, it will be absolutely necessary for the user to file a complaint with PARTS CONEXION and return the product, when appropriate. Likewise, the issuer of the electronic payment instrument used to make the purchase must notify the claim, which, together with the other participants in the payment process, will proceed to reverse the transaction to the buyer.
In the event of changes in scheduled delivery dates and times, PARTS CONEXION will send the User notification of this situation within a reasonable period of time, after notification to the Superintendence of Industry and Commerce, which requires the sole circular of this entity.
Right of Withdrawal
Before using the PARTS CONEXION platform, it is the user's obligation to review the general data of the purchase (quantity, price and general characteristics that are reported on this Platform), therefore, after a transaction has been completed and completed, no changes will be made , money refunds or cancellation of orders.
Notwithstanding the foregoing, the buyer may exercise his right to retract in the terms that the law of the United States of America provides; For these purposes, the User must expressly notify PARTS CONEXIÓN of their decision to exercise their right of withdrawal within a period of 2 days from the time of purchase.
Once the retraction has been notified in the terms established by law, PARTS CONEXION will be in charge of verifying that the money is returned by the "supplier user" to the "consumer user", within thirty (30) calendar days from the moment in which he exercised the right and by the same means in which it was paid.
For the purposes of exercising the right of withdrawal, users must go to the following channels:
Phone number: + 1-46-0948348
Address: 7252 PEBBLE Beach RD Fort Myers FL 33967, USA
This type of event will give PARTS CONEXION the responsibility of verifying that the money is reimbursed, as well as the return of the product, and will not imply the recognition of transport costs or other indirect costs incurred by users, or of other responsibility that is derived from the transaction or contract between the users.
Limitation of Liability
IT IS POSSIBLE THAT PERIODIC CHANGES IN THE INFORMATION OR INTERRUPTIONS IN THE PLATFORM MAY NOT BE ATTRIBUTABLE TO PARTS CONEXION, WHO WILL HAVE THE RIGHT TO MAKE IMPROVEMENTS AND / OR CHANGES IN THE FUNCTIONALITIES OFFERED BY THE PLATFORM, AS WELL AS THE RIGHTS ACCESS TO ANY USER, AT ANY TIME AND WITHOUT PRIOR NOTICE, WHEN I CONSIDER IT REASONABLY.
IN NO EVENT SHALL PARTS CONEXION AND / OR ITS AFFILIATED COMPANIES AND / OR ITS DIRECTORS AND / OR ITS EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES ARISING FROM YOU, INCLUDING ANY DAMAGE TO ANY DAMAGES. LOSS OF DATA FOR ANY CAUSE.
PARTS CONEXION ASSUMES NO RESPONSIBILITY IN PARTICULAR FOR THE TRANSMISSION OF MALICIOUS PROGRAMS, SUCH AS VIRUSES, TROJANS, MALWARES, SPYWARES OR THE LIKE THAT MAY AFFECT THE USER. ALSO, YOU AS A USER WILL HAVE THE OBLIGATION TO REFRAIN FROM TRANSMITTING THIS TYPE OF PROGRAMS TO PARTS CONNECTION SERVERS OR TO THOSE OF OTHER USERS, OTHERWISE YOUR ACCOUNT MAY BE FINALLY TERMINATED.
YOU DECLARE AND GUARANTEE THAT YOU WILL REFRAIN FROM SHARING CONTENT ORIGINATING IN LINKING, FRAMING AND / OR INLINING THROUGH THE PARTS CONNECTION PLATFORM AND THAT YOU WILL KEEP PARTS CONNECTION AND THIRD PARTIES INDEMNELY FOR THESE FACTS.
In case of damage and loss of proof of purchase, PARTS CONEXION will not be held responsible, with users being solely responsible for their care and vigilance.
Users understand that the service is provided solely and exclusively by PARTS CONEXION and that, therefore, they have not acquired any contractual link with PARTS CONEXIÓN INC., So that in no event can they claim their responsibility invoking the text of these terms.
You agree to indemnify and hold PARTS CONEXION and its affiliated companies, shareholders, directors and employees harmless from any claim, loss, obligation, damage or loss, including attorney's fees, that result from the non-compliance of these; and of the violation of the rights of any person for the improper use of the platform and the services offered by PARTS CONEXION. This will extend in particular, but not exclusively to behaviors that violate the intellectual property rights of PARTS CONEXION and / or its affiliated companies, in accordance with the provisions of the title "INTELLECTUAL PROPERTY" that appears in this document.
The user acquires a non-exclusive, worldwide, temporary and non-transferable license to use the PARTS CONEXION system, but at no time will he acquire ownership of the platform. The copyrights on the works and software developments that make up the platform and the services related to it will be owned by PARTS CONEXION and under no interpretation of these terms of service will be understood to be transferred to users.
Users will refrain from using the PARTS CONEXION platform to infringe intellectual property rights or PARTS CONEXIÓN, or third parties (brands, patents, copyrights, industrial designs or image rights). By accepting these terms and conditions, the user declares that they will refrain from carrying out any act that may compromise this type of rights. Therefore, any act that the user performs to the detriment of the intellectual property rights of third parties will be his sole responsibility and will not generate responsibility for any type of PARTS CONNECTION.
The use of the hashtag or numeral symbol (#) and of Tags or meta gags, with the use of the at sign (@), must respect the trademark, trade name and other industrial property rights of third parties.
Processing of Personal Data
PARTS CONEXION will carry out the Processing of Personal Data contained in its Databases. The information and Personal Data provided to PARTS CONEXION may be processed, collected, stored, used, circulated, deleted, shared, updated, transmitted or transferred totally or partially by PARTS CONEXION contractors, shareholders and associates when this is required for commercial purposes. financial, administrative and operational, including Sensitive Data. As the Owner of your Personal Data you have the right to:
- a) Know, update and rectify your Personal Data. This right may be exercised, among others, against partial, inaccurate, incomplete, fractional, misleading data, or those whose Treatment is expressly prohibited or has not been authorized.
- b) Request proof of the Authorization granted to PARTS CONEXION, except when expressly excepted as a requirement for the Treatment, in accordance with the provisions of the applicable regulations.
- c) Be informed by PARTS CONEXION, upon request, regarding the use that has been made of their Personal Data.
- e) Revoke the Authorization or request the deletion of your data when the Treatment does not respect the principles, rights and constitutional and legal guarantees.
- f) Free access to Personal Data that has been processed.
The PARTS CONEXION platform requires the user to enter an e-mail address, as well as to register all the information requested. By doing this, you agree to receive all emails with information about the use of PARTS CONEXION, promotional information or other information processed or sent by PARTS CONEXION.
PARTS CONEXION may use the database of companies or users for advertising or commercial purposes for itself or for third parties, without having to participate in any income to users.
These Conditions and the services provided in development thereof, are governed by the laws of the United States of America. If any part of these Conditions is determined to be null or contrary to the law, including, but not limited, with regard to limitations of liability and guarantees, then the invalid or non-enforceable provision will be considered replaced by a valid provision. and applicable that is closest to the intention of the original Condition and the rest of the agreement between PARTS CONEXION and the User will continue in effect.
These Conditions constitute the complete agreement between the User and PARTS CONEXION and replace all previous and proposed communications, both electronically, orally or in writing, between the User and PARTS CONEXION regarding the topics discussed here.
Last update: October 3, 2019.