frequently asked questions: Disclaimer & General terms and conditions

Company policy and terms

questions

General Terms and Conditions of CMS for the electronic sale of products to consumers in the EU

Article 1 - Definitions

1.1 For the purposes of these Terms and Conditions, the following definitions apply:

CMSEU Consumer Terms and Conditions: the General Terms and Conditions governing the direct sale of products by CMS to EU consumers; these Terms and Conditions can be accessed and downloaded from the website and stored on a durable data carrier;
CMS: Consolidated Motor Spares B.V., registered address: Artemisweg 245, 8239 DD Lelystad; registered in the Netherlands under CoC number 32062478;
Consumer: any natural person domiciled in a Member State of the European Union (EU) not acting in the exercise of a profession or business and who enters into a distance contract with CMS;
EU: Member States of the European Union;
Day: calendar day;
Period of reflection: the period within which the Consumer may exercise his/her right of withdrawal;
Distance Contract: a contract between a Consumer and CMS for a system organised by CMS, where for the purpose of that contract, parties make exclusive use of one or more technologies for remote communication up to and including the time at which the contract is concluded;
Electrical and electronic equipment: equipment which is dependent on electric currents and/or electromagnetic fields in order to work properly;
Mechanical precision equipment: mechanical precision equipment with or without measuring and control systems, and/or controlled by electronic units;
Sealing: sealing by means of a transparent plastic and/or artificial resin film;
Account: the account that is created upon online registration, whereby the Consumer shall receive a username and password for identification and access to the Website;
The Website: www.CMSNL.com, where the Consumer can communicate electronically with CMS and access product and order information.

Article 2 - Applicability

2.1 These CMSEU Consumer Terms and Conditions apply to all offers by CMS and to all Distance Contracts concluded with CMS.

2.2 Prior to the Distance Contract being concluded by electronic means, the text of these CMSEU Consumer Terms and Conditions shall be sent to the Consumer by electronic means in a way that it can be easily saved by the Consumer on a durable data carrier which enables the unaltered reproduction of the information. If this is not reasonably possible, it will be indicated where the Consumer can familiarise himself with the Consumer Terms and Conditions by electronic means and that these will, upon the Consumer's request, be sent to him electronically or by other means free of charge before conclusion of the Distance Contract.

2.3 If at any time one or more provisions of these Terms and Conditions prove to be null and void in whole or in part or become nullified, the remaining provisions in these CMSEU Consumer Terms and Conditions shall remain in full force and effect.

2.4 The rights conferred upon the Consumer under the CMSEU Consumer Terms and Conditions shall be in addition to the rights and remedies provided by law.

Article 3 - Communication

3.1 Communication between CMS and Consumer shall take place electronically through the help ticket available on the Website and/or by telephone during the opening hours of CMS from 9am to 5pm from Monday to Friday on number: + 31 (0)320-265120 and/or by fax at + 31(0)320 268496.

3.2 Upon creating an account on the Website, Consumer must provide the information (including address details and email address) necessary for placing and processing orders and for obtaining information and support. Consumer is obliged to fill out the correct information. Provision of incorrect or false information may result in cancellation of the order or dissolution of the Distance Contract by CMS, notwithstanding CMS's right to damages for failure by Consumer to fulfil its obligations under these Terms and Conditions.

Article 4 - Offers

4.1 The offer contains a complete and accurate description of the products offered, including the part and/or item number. The description is sufficiently detailed as to allow for a proper assessment of the offer by the Consumer. If CMS uses images, they will be true representations of standard materials and will allow for slight variations in colours.

4.2 Offers are non-binding and shall be valid subject to stock availability. CMS reserves the right to change prices as a result of governmental measures or regulations.

4.3 CMS shall publish on the Website clear information about the price of the product, including the taxes and delivery costs applicable within the EU, as well as the manner in which the Consumer can, prior to concluding the Contract, check and, if necessary, correct any information it has provided pursuant to the Contract.

4.4. CMS cannot be held to its offers if offers if, in all reasonableness and fairness and within the context of normal business practices, Consumer is deemed to have understood that the offer or a part thereof clearly contains a mistake or clerical error.

Article 5 - The Contract

5.1 The Contract with CMS shall enter into force when CMS confirms the order by email. Consumer may cancel the order at any time prior to such confirmation by CMS. If an order is not accepted, CMS shall notify the Consumer of this within seven (7) days of receiving the order. Consumer can check his order status by logging into his account.

5.2 CMS may - within statutory frameworks - ascertain whether the Consumer is able to fulfil his payment obligations, and may also acquaint himself with all those facts and factors that are of significance for responsibly entering into the Distance Contract. If on the basis of this enquiry, CMS has grounds not to enter into the Contract, CMS will be entitled to refuse an order, thereby stating its reasons for doing so, or to attach special conditions to the delivery.

Article 6 - Delivery and execution

6.1 The delivery address will be the address provided to CMS by the Consumer.

6.2 Subject to availability of scarce and/or rare products with suppliers and the delivery country, CMS shall deliver the order as soon as possible, but no later than within 30 days of receiving the order, unless a longer delivery period has been agreed upon. If it is not possible to deliver the order (or part thereof) during this period because an item is temporarily out of stock or it is delivered to CMS with delay, the Consumer shall be informed of this no later than one month from the order being placed and it shall be entitled to cancel the order free of charge. In the event of cancellation, CMS shall return the payment made by the Consumer as soon as possible, but by no later than 30 days from said cancellation.

6.3 The risk of loss or damage to the products shall transfer to the Consumer upon delivery to the Consumer or to a representative at the Consumer's direction.

6.4 Consumer shall inspect the products immediately upon receipt. If the wrong product is delivered or a product specified in the order confirmation is not delivered, the Consumer shall notify CMS of this within a reasonable time after discovery thereof. CMS shall inform the Consumer as to whether it is entitled to replacement and/or repair of the goods, depending on the relevant circumstances.

6.5 Products may be returned subject to application by the Consumer for a return merchandise authorisation (RMA) as clearly indicated on the Website.

Article 7 - Right of withdrawal

7.1 After purchasing a product, the Consumer may cancel the contract within 14 days without stating any reason. This period starts on the day after receipt of the product by the Consumer or by a representative at the Consumer's direction.

7.2 During this period the Consumer shall handle the product and packaging with due care and only unpack the product to the extent necessary to be able to assess whether he wishes to keep the product. CMS and/or the manufacturer may seal electronic and mechanical precision products with a Sealing, which may not be broken or removed by the Consumer if he wishes to continue to exercise his right of withdrawal. In all cases, the Consumer may not install or mount the product on another component or composite product and/or connect it to an electrical voltage circuit or take it into use in any other way.

7.3 Should the Consumer wish to exercise his right of withdrawal, he shall return the product with all of the supplied accessories in their original state, without damage or mounting traces with unbroken Sealing and - where reasonably possible - in the original packaging to CMS, using the return merchandise authorisation (RMA) in accordance with the clear instructions provided on the Website by CMS. The return shipment costs shall be borne by the Consumer.

7.4 CMS shall refund Consumer with the amount paid by the Consumer as soon as possible, but by no later than within 30 days of the return shipment, subject to control and inspection of the returned products for Sealing, mounting traces and/or damage or unused condition.

Article 8 - Conformity

8.1 CMS warrants and represents that the products meet the requirements set forth in the Distance Contract, the specifications contained in the offer and reasonable requirements of reliability and/or usability, taking into account the manufacturing time reasonably required for producing the products according to the relevant technical safety and environmental standards.

Article 9 - Complaints

9.1 Complaints must be completely and clearly described and submitted to CMS in good time after the Consumer has discovered the defects. CMS shall strive to settle complaints within 14 days from date of receipt. If a complaint will foreseeably require more time to be handled, CMS will provide a response within 14 days confirming receipt and indicating when the Consumer may expect a more detailed response.

Article 10 - Payment and Retention of Title

10.1 Unless otherwise agreed, the amounts payable by the Consumer shall be paid in accordance with the agreed payment method and within the period specified, unless advance payment is agreed with the Consumer.

10.2 In the event that the Consumer defaults on the payable amounts, CMS shall have the right to contract out the debt collection, whereby all associated costs shall be charged to the Consumer.

10.3 All products supplied under a Distance Contract shall remain the property of CMS until such time that the Consumer has paid any outstanding amount under any contract in full. If CMS is forced to use its retention of title, Consumer shall be obliged to lend its full cooperation in enabling CMS to take back the relevant goods.

Article 11 - Liability

11.1 By using the Website, the Consumer acknowledges that it shall be doing so at its own risk and responsibility.

11.2 CMS and/or third parties which CMS necessarily engages for the execution of the Distance Contract shall not be liable for any damage arising from and in connection with the Contract, which the Consumer or any third party engaged by the Consumer for the execution of the Contract may suffer, either directly or indirectly, regardless of cause, unless such damage is the result of intent or deliberate recklessness of CMS and/or third parties engaged by it in the execution of the Contract.

Article 12 - Force Majeure

12.1 In the event of force majeure, CMS shall not be held to fulfil its obligations vis-à-vis the Consumer and/or shall be entitled to suspend its obligations for the duration of the force majeure event.

12.2 Force majeure shall mean any external cause which prevents CMS from fulfilling its obligations under the Distance Contract. These include without limitation, strikes by third parties, failure of Internet or telecommunication facilities and/or stagnation of delivery by suppliers or other third parties and or governmental measures.

Article 13 - Personal data

13.1 The information supplied by the Consumer shall be stored in the CMS customer system for the purpose of processing the orders placed by the Consumer. CMS shall send offers, newsletters and other mailings subject to the Consumer's consent. Such consent may be withdrawn by unsubscribing from the last CMS newsletter.

Article 14 - Governing Law

14.1 All agreements between CMS and Consumer which are subject to these CMSEU Consumer Terms and Conditions shall be governed by and construed in accordance with the laws of the Netherlands.

Article 15 - Amendment of Terms and Conditions

15.1 CMS reserves the right to amend these CMSEU Consumer Terms and Conditions, whereby any such amendments shall first take effect after publication on the CMS website. In the event of amendment of these Terms and Conditions during the term of an offer, the most favourable conditions shall prevail for the Consumer.

Our Chamber Of Commerce Number ( C.O.C.) is 32062478

Our V.A.T. number is NL8193.77.387.B01

top

General Review Writing Guidelines

cmsnl.com would like your comments to be heard!

The recommended review length is 75 to 300 words.

What to include:

Your review should focus on the product.
The best reviews should not only include whether you liked or disliked an item, but also why. Feel free to mention related items and how this part rates in comparison to them.

What not to include:
cmsnl.com is proud to provide this forum for you to air your opinions on the items we feature. While we appreciate your time and comments, we respectfully request that you refrain from including the following in your review:

Commenting on other reviews visible on the page. Other reviews and their position on the page are subject to change without notice.
Profanity, obscenities, or spiteful remarks.
Single-word reviews. We want to know why you liked or disliked the item.
Phone numbers, mail addresses, URLs.
Availability, price, or alternative ordering/shipping information.
Solicitations for helpful votes.
Time-sensitive material (i.e., promotional tours, seminars, lectures, etc.).

A review is not an appropriate place to tell us our catalogue has typos in it. If you'd like to tell us about a specific problem, please contact us.

Any review in violation of these guidelines will not be posted.

top

Forum Guidelines

Who can participate in the forums?
Customers! Anyone who has purchased items from cmsnl.com and is in good standing in the CMS community can reply to an existing discussion or start a new one. All visitors to CMSNL.com can read any current discussion.

What should I post?
Please share thoughts that you think will add to the discussion and help other customers interested in the product area, or start a conversation to learn from other customers' experiences. For example:

Ask questions about a product or specific model
Contribute product comparisons
Look for guidance from other customers who have made similar purchases
Get advice when shopping
Share your experience in a product area

Behave as if you were a guest at a friend's dinner party. Please treat the CMS community with respect. Do not post:

Do not post product reviews. Each product has a seperate review section and should be posted there.
Profane or obscene, inciting, or spiteful comments
Messages that harass, abuse, or threaten other participants
Text written by someone else, except for brief quotations from a book or other product under discussion
Any personal information about children under 13
Text that promotes illegal or immoral conduct
Any form of "spam," including advertisements, contests, or other solicitations for other websites or companies; or campaigns to promote an item in the cmsnl.com catalogs.

Do not impersonate another person, including an CMSNL.com employee.

We recommend that you do not post your phone number or email address.

top

How does CMS protect my privacy?

Introduction

CMS is committed to protecting your privacy. This statement details the steps we take to protect your personal information when you visit our websites. It describes the personal information that we collect, the purposes for which we use such information, and your choices regarding our use of it. The steps we take to protect your personal information and how you can review and correct your personal information are also covered here. By accessing our websites, you are consenting to the information collection and use practices described in this privacy statement.
Our collection of information

Information collected directly from you Generally, you can visit CMS' websites without entering any personal information. On certain pages, we may ask you for personal information to provide a service or carry out a transaction that you have requested. The personal information we collect may include:

contact details, such as your name, title, company/organisation name, e-mail address, telephone and fax numbers, and physical address;
information about your company, and job function;
your e-mail marketing preferences;
financial information (including credit card or account information);
information such as your nationality and country of residence that allows us to determine your eligibility under export control regulations to receive information about certain technologies;
information used to customise and facilitate your use of our websites, including login and technical information;
inquiries about and orders for our products and services;
information that assists us in identifying the products and services that best meet your requirements;
event registration information; and
feedback from you about our websites and our products and services generally.

You are not required to provide any of this information, but if you do not, we may not be able to provide you the requested service or complete your transaction. Information collected automatically We collect information about your visit to our sites, including what pages you view, the number of bytes transferred, the links you click, the materials you access, and other actions taken within CMS' sites. On sites that you enter with a user ID, we may connect this information with your identity to determine your potential interests in our products and services. We also collect certain standard information that your browser sends to every website you visit, such as your Internet Protocol (IP) address, your browser type and capabilities and language, your operating system, the date and time you access the site, and the website from which you linked to our site. We do not link this information to your identity.

Our use of information
Services and transactions

We use your personal information to deliver services or carry out transactions you have requested, such as providing information on CMS products, registering purchased products, processing product orders, handling warranty claims, replacing product manuals, answering customer service requests, facilitating use of our websites, and so on. In order to offer you a more consistent experience in your interactions with CMS, information collected by our websites may be combined with information we collect by other means.

Website improvement.

We may use your personal information to improve our websites and related CMS products or services, or to make our websites easier to use by eliminating the need for you to repeatedly enter the same information or by customising our websites to your particular preference or interests.

Communications

With your permission, we may use your personal information gathered via our websites to inform you of products or services available from CMS. When collecting information that might be used to contact you about our products and services, we will always give you the opportunity to opt-out of receiving such communications. Moreover, each e-mail communication we send includes an unsubscribe link allowing you to stop delivery of that type of communication. If you elect to unsubscribe, we will remove you from the relevant list within 10 business days.

Employment Applications

In connection with a job application or inquiry, you may provide us with information about yourself, such as a resume or curriculum vitae. We may use this information throughout CMS and its controlled subsidiaries and affiliates for the purpose of employment consideration. We will keep the information for future consideration unless you direct us not to do so.

Our use of cookies and web beacons

Cookies are small files that websites save to your hard disk or to your browser's memory. We may use them to track the number of times you have visited the site, to track the number of visitors to the site, to determine and analyse visitors' use of our sites (including the effectiveness of online advertising), to store information that you provide such as your preferences, and to store technical information useful for your interactions with our websites. We may use session cookies (cookies that are deleted when your browser session ends) to store your user ID, elements of your user profile, to facilitate your movement around our websites (particularly in connection with information searches and order placement) and other information useful in administering the session. You have the ability to accept or decline cookies. Most Internet browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies or to notify you when a cookie is being placed on your computer. If you choose to decline cookies, you may not be able to fully experience the features of CMS' websites or other websites that you visit. Our sites also may contain electronic images known as web beacons - sometimes called single-pixel gifs - that allow us to count the number of users who have visited those pages. We may include web beacons in promotional e-mail messages or Newsletters in order to determine whether messages have been opened and acted upon.

Disclosure of your personal information

Except as described below, personal information you provide to CMS through our websites will not be shared outside of CMS and its controlled subsidiaries and affiliates without your permission.

Disclosure to service providers

CMS contracts with other companies to provide services on our behalf, such as hosting websites, sending out information, processing transactions, and analysing our websites. We provide these companies with only those elements of your personal information they need to deliver those services. These companies and their employees are prohibited from using that personal information for any other purpose.

Disclosure to distributors

In responding to a request made by you, we may share your personal information with companies that distribute our products. In those cases, we provide these companies with only those elements of your personal information they need to respond to your request, and these companies and their employees are prohibited from using that personal information for any other purpose. In some cases, we may seek your permission to share your information with distributors for marketing purposes other than responding to a request from you. However, we will not share your information for such marketing purposes unless we have obtained your express consent to do so.

Disclosure in connection with transactions

In connection with certain transactions, we may disclose some or all of your personal information to financial institutions, government entities, and shipping companies or postal services involved in fulfilment.

Disclosures in connection with acquisitions or divestitures

Circumstances may arise where for strategic or other business reasons CMS decides to sell, buy, merge or otherwise reorganise businesses in some countries. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or receiving it from sellers. It is CMS' practice to seek appropriate protection for information in these types of transactions.

Disclosure for other reasons

We may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to comply with legal requirements or with legal process served on us, to protect and defend our rights or property, or in urgent circumstances to protect the personal safety of any individual.

Security

CMS is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorised access, use, or disclosure. For example, we store the personal information you provide on computer systems with limited access that are located in facilities to which access is limited. For sites to which you login, it is your responsibility to ensure the security of your password and not to reveal this information to others. When you move around a site to which you have logged in, or from one site to another that uses the same login mechanism, we verify your identity by means of an encrypted cookie placed on your machine.

Reviewing your personal information

In some cases, you can review and correct personal information provided through our websites by going to the page on which you provided the information. In all cases, you can make a request to review and correct your personal information collected via our websites or ask CMS to stop using it by completing our Contact Us form. We may take steps to verify your identity before providing you access to your personal information. You can help us to maintain the accuracy of your information by notifying us of any change to your mailing address, phone number, or e-mail address.

Consent to international transfers of personal information

The personal information we collect on our websites may be sent to the United States or to any other country in which CMS or its affiliates, subsidiaries or agents maintain facilities. We may also store and process the information there. Although the laws that protect personal information in those countries may differ from the laws where you live, we will take reasonable steps to ensure that your privacy is protected. By using our websites and giving your information to us, you consent to the transfer of the data outside of your country.

Children's information

CMS does not knowingly collect information from children and does not target its websites that collect information to children.

Links to other sites

Our websites may contain links to other sites such as CMS distributors and sales affiliates, professional and government organisations, and publications. We also link to third-party providers that host, maintain and operate on-line training curricula. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content, security, or privacy practices employed by other sites.

Enforcement of this privacy statement

If you have questions regarding this statement or our handling of your personal information, please Contact Us. We will promptly address your concern and strive to reach a satisfactory resolution.

Changes to this privacy statement

CMS may occasionally update this privacy statement. When we do, we will revise the "last updated" date at the top and bottom of the privacy statement. We will obtain your opt-in consent for any updates to this privacy statement that materially expand the sharing or use of your personal information in ways not disclosed in this privacy statement at the time of collection.

top