TERMS AND CONDITIONS
HOLLANDER WEB SITE TERMS AND CONDITIONS OF USE
HOLLANDER, Inc. a Solera Company, (“HOLLANDER”) provides information and services on its HollanderParts.com World Wide Web site (the "Site") under the following terms and conditions (“Terms of Use”). By accessing and/or using the Site, you (a “User”) indicate your acceptance of these Terms of Use.LAWS AND REGULATIONS
Access to, and use of the Site, are subject to all applicable international, federal, state and local laws and regulations. User agrees not to use the Site in any way that violates such laws or regulations.CONTENT
When you give HOLLANDER content, you grant HOLLANDER a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. In the event User uses in any manner, the Parts (as defined below) listing, selling or buying features of the Site, additional terms and conditions apply as set forth below.COPYRIGHT AND TRADEMARKS
The information available on or through the Site is the property of HOLLANDER, or its licensors, and is protected by copyright, trademark, and other intellectual property laws. Except as set forth below, Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on or through this Site for its own or any third party’s commercial or public purposes. Users may not use the trademarks, logos and service marks ("Marks") for any purpose including, but not limited to use as "hot links" or meta tags in other pages or sites on the World Wide Web without the written permission of HOLLANDER or such third party that may own the Mark.TAMPERING
Other than content a Listing User (as defined below) uploads to its ”Seller Profile” page, or Parts listings (as defined below), User agrees not to modify, move, add to, delete or otherwise tamper with the information contained in HOLLANDER's website. User also agrees not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Site.THIRD PARTY INFORMATION
Although HOLLANDER monitors the information on the Site, some information is supplied by independent third parties. While HOLLANDER makes every effort to supervise the accuracy of information on the Site, HOLLANDER makes no warranty as to the accuracy of any such information.LINKS TO THIRD PARTY SITES
This Site contains links that will let you access other websites that are not under the control of HOLLANDER. The links are only provided as a convenience and HOLLANDER does not endorse any of these sites. HOLLANDER assumes no responsibility or liability for any material that may be accessed on other websites reached through this Site or on any Seller Profile page, nor does HOLLANDER make any representation regarding the quality of any Part, product or service contained at any such site or the accuracy of any information or listing presented therein.LINKS FROM THIRD PARTY SITES
HOLLANDER prohibits unauthorized links to the Site and the framing of any information contained on the site or any portion of the Site. HOLLANDER reserves the right to disable any unauthorized links or frames. HOLLANDER has no responsibility or liability for any material on other websites that may contain links to this Site.NO WARRANTIES
Information, including Parts listings, functions and documents provided on this Site are provided or hosted by HOLLANDER "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HOLLANDER uses reasonable efforts to include accurate and up-to-date information on this Site; it does not, however, make any warranties or representations as to its accuracy or completeness. HOLLANDER periodically adds, changes, improves, or updates the information and documents on this Site without notice. HOLLANDER assumes no liability or responsibility for any errors or omissions in the content of this Site. User’s use of this Site is at its own risk. Users acknowledge that HOLLANDER is not an auctioneer or seller of Parts, and the Site is available to Users to offer to sell and buy Parts between themselves. HOLLANDER is not involved in any transaction between Users. HOLLANDER has no control over, nor does HOLLANDER guarantee the quality, safety, existence, title to or function of any Part listed for sale or the User’s ability or motivations of Users to complete transactions or return Parts.ACCESS AND INTERFERENCE
HOLLANDER’S Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to HOLLANDER by its Users or third parties. User agrees that it will not use any robot, spider, scraper or other automated means to access the Site for any purpose without HOLLANDER’S express hand written permission. Additionally, User agrees that it will not: • take any action that imposes or may impose (in HOLLANDER’S sole discretion) an unreasonable or disproportionately large load on HOLLANDER’S infrastructure; • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Site without the prior express written permission of HOLLANDER and the appropriate third party, as applicable; • interfere or attempt to interfere with the proper working of the Site, services, Parts listings or tools, or any activities conducted on or with the Site, services or tools; or • bypass HOLLANDER’S robot exclusion headers or other measures HOLLANDER may use to prevent or restrict access to the Site.LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL HOLLANDER BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, ANY USER OR OTHERS, INCLUDING ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THIS SITE, THE USE, INABILITY TO USE, DEFECTS OR OTHER ISSUES RELATED TO PARTS PURCHASED THROUGH THE SITE, THE OUTCOME OF ANY TRANSACTION BETWEEN USERS OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF HOLLANDER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.INDEMNITY
Users shall indemnify and hold harmless HOLLANDER against any liability, claim, loss, damage or expense, of every nature and kind in law or equity, related to, arising out of or in connection with (i) User’s breach of any of its obligations set forth herein; (ii) any use, misuse or misappropriation of any information obtained from the Site in breach of any of User’s covenants, obligations or representations herein; (iii) any failure of User to comply with any applicable laws or regulations regarding use of the Site, listings or transactions contemplated herein; and (iv) sales, exchanges, transfers or use of Parts by or on behalf of any User or third party.PRIVACY
Protecting the privacy of our clients and Users of our Site is important to HOLLANDER. The HOLLANDER Web Site Privacy Notice describes how HOLLANDER uses and protects information Users provide to us. Please review HOLLANDER’S Privacy Notice as it also governs User’s use of the Site.SECURITY
The security of information transmitted through the Internet can never be guaranteed. HOLLANDER is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. User is responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of the Site. In order to protect Users and their data, HOLLANDER may suspend a User’s use of the Site, without notice, pending an investigation, if any breach of security is suspected.TRANSMISSION OF PERSONAL DATA
User acknowledges and agrees that by providing HOLLANDER with any personal information through the Site, User consents to the transmission of such personal User information over international borders as necessary for processing in accordance with HOLLANDER's standard business practices and the HOLLANDER Privacy Notice.ACCESS TO PASSWORD PROTECTED/SECURE AREAS
Access to and use of password protected and/or secure areas of the Site is restricted to authorized Users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.TERMS APPLICABLE TO PARTS LISTINGS, LISTING USERS AND BUYING USERS OF ALTERNATIVE AUTOMOTIVE PARTS ON HOLLANDERPARTS.COM
In the event
User utilizes the Parts listing, buying and selling features of this
Site, the
following terms and conditions apply.
Product
Information
. The
User must
provide accurate and complete details regarding any and all Parts the
User
lists (a “Listing User”) for sale on or through the Site. Listing User
may
either merely list Parts for sale, or may choose to utilize the
eCommerce
functions of the Site to complete a sale of Parts. Listing
User must specify the condition of any
item. Listing User
acknowledges that
HOLLANDER is providing access to the Site to User for the purpose of
selling
only alternative automotive parts (“Parts”).
HOLLANDER reserves the right to remove any items, that are
not Parts, that
Listing Users place for sale on the Site.
Communication. HollanderParts.com
contains features to
facilitate communication between Listing Users and buying Users
(“Buying
Users”), including phone, SMS messaging and email.
All Users, by using HollanderParts.com, agree
to the use of their contact information for purposes consistent with
the
purposes of the Site. Listing
Users are
encouraged to promptly reply to any questions from Buying Users during
the
buying and delivery process. All
communications between Users are to be professional.
HOLLANDER reserves the right to terminate
User access to communications through the Site that it determines to be
inappropriate, profane or offensive.
Hollander reserves the right to contact Buying Users to
solicit feedback
regarding the Site and their overall experience with it.
Parts
Listing Content
.
Listing Users
are fully responsible for their listings and for ensuring that Parts
listings
are accurate, do not include misleading information, and comply with
these
Terms of Use and all HOLLANDER policies.
Buying Users are expected to complete purchases of Parts
that such Users
make. Additionally,
regarding Listing
Users who upload information about Parts for sale, to the Site,
HOLLANDER
prefers that such Users enter a grade for Parts, in accordance with the
Automotive Recycler’s Association (ARA) standards.
Listing User
agrees and will not: fail
to deliver Parts
purchased by a Buying User, unless the Buying User fails to meet the
posted
terms, or Listing User cannot authenticate the buyer’s identity;
manipulate the
price of any Part (e.g. Listing Users may not list Parts at
unreasonably low
prices, and charge over market shipping rates to reduce or avoid fees
owed to
HOLLANDER and/or PayPal) or interfere with other Users’ listings; post
false,
inaccurate, misleading, defamatory, or libelous content; transfer a
User’s
HOLLANDER credentials
to another party
without notice to, and consent of, HOLLANDER; collect information about
other Users
without their consent; distribute or post spam, viruses or other things
that
may harm HOLLANDER or other Users; or copy, modify or transfer content
other
than User’s from the Site.
Parts
Images and Grading
.
HOLLANDER
strongly recommends that Listing Users include images/photos of the
actual,
detailed Parts it lists for sale.
HOLLANDER does not offer and discourages use of stock Part
images in
listings. Additionally,
HOLLANDER
strongly recommends, that Listing Users include Part grades per Section
Parts Listing Content above. HOLLANDER will honor
Powerlink assigned Part
grades based on actual, available data inputs provided by Listing User. Listing
Users may refer to the Hollander
Online Training Center for information about minimum recommended
standards for Parts
images/photos.
Shipping. Listing Users will always
offer Buying Users
the option to pick up purchased Parts at Listing User’s business
location.
Listing User
must list all Parts
with a shipping fee that, in no event, exceeds an amount deemed fair to
a
reasonable person and/or represents Parts industry standard
practices. Listing
User may provide additional shipping options (in addition to the lowest
fee
option, such as flat rate or free shipping) consistent with industry
standards
for on-line retailers and/or the Parts industry.
Listing Users, by
agreeing to
these Terms of Use, agree to ship items to Buying Users within five (5)
business days of the date of purchase, regardless of whether or not
PayPal has
released payment to the Listing User, if the transaction is managed
through the
PayPal option. Listing
Users will
include order specific details on appropriate packing slip materials,
that also
reflect selling price, insurance, shipping charges, if any, and
applicable
taxes. Listing User
packing and shipping
materials will be appropriate and professional, reflecting positively
on the
Automotive Recycling Industry.
Applicable
Taxes
.
The
Site includes a tax
calculation tool for all sales. It
is
the Listing Users’ responsibility to collect and remit applicable taxes
for
Parts sales as appropriate. HOLLANDER
accepts no responsibility for the payment, collection or remission of
taxes on
any transaction.
Buyer
satisfaction, returns, delivery errors and disputes
.
Buying Users may
return and Listing Users
will accept return of purchased Parts within forty-five (45) days of
the
purchase date as long as such Parts are in the same condition as when
shipped
by Listing User. Buying
Users must
contact Listing Users directly to return purchases.
Listing Users will honor this return policy
and must adhere to these terms. HOLLANDER
assumes no responsibility for Parts or returns and Buying Users must
work
exclusively with Listing Users regarding returned items. Listing Users are solely
responsible to Buying
Users for refunds. Additionally,
Listing
Users are solely responsible for delivery of Parts to Buying Users. In the event of damage to
Parts from
condition or grade represented in Listing Users’ listing for such Part,
or
delivery failure to Buying Users, Listing Users shall refund Buying
Users or
otherwise resolve such claim. Buying
Users must contact Listing Users directly regarding any claims or
disputes
regarding a transaction. All
Users are
encouraged to resolve claims and disputes within seven (7) business
days. If
unsuccessful, Listing Users are instructed
to submit to HOLLANDER at “Admin@HollanderParts.com”, the following
items: proof of
delivery of the Part(s) in dispute;
HollanderParts.com order number; and complete description of the
Part(s) in
dispute.
Fees. In the event a Buying User
pays for an order
through the Site’s PayPal interface, the Users
are subject
to PayPal’s terms and conditions and
responsible for all fees associated with their PayPal account.
Additionally,
in consideration of Listing User’s use of the Site, Listing User shall
pay to
HOLLANDER, by deduction by HOLLANDER from the sales proceeds, a success
fee
equal to 4.0% of the selling price of
the Parts sold (not
including shipping
charges or applicable taxes), plus a transaction fee charge of $0.30. HOLLANDER reserves the
right to terminate the
account of any User engaging in any activities or behavior designed to
reduce,
eliminate or wrongly affect fees due PayPal and HOLLANDER pursuant to
the terms
of this Agreement.
Listing
User Ratings
.
Each
time a Buying
User purchases a Part, the Buying User may provide an overall rating
for
Listing Users on a scale of one to five, with one representing Very Poor and five
representing Excellent. HOLLANDER
reserves the right to post the overall
average rating for Listing Users on the Listing Users’ profile pages
and on
individual Parts listing pages. Again,
Buying Users and Listing Users are encouraged to discuss and resolve
between
themselves, any concerns or issues relating to a transaction. Ratings become part of a
Listing User’s
permanent record on HollanderParts.com.
Ratings should be fair, factual and related to the
specific Parts
purchase. In the
future, HOLLANDER may
provide the capability to capture detailed rating narratives. Additionally, HOLLANDER
reserves the right to
utilize ratings as part of its search ordering prioritization of
Listing Users’
Parts listings.
Compliance with Laws. All Users of
HollanderParts.com are
responsible for their own compliance with all applicable laws,
including export
laws, relating to their use of the Site and the transactions
contemplated
herein. HOLLANDER
accepts no
responsibility for a User’s failure to comply with applicable law. All
Users of
the Site will indemnify and hold harmless HOLLANDER from any and all
claims by
third parties or other Users, arising out of or related to User’s use
of the
Site in contravention of applicable law or the Terms and Conditions of
Use of
the Site.
