1. General 1.1 Motorcycle Storehouse B.V. is located at Gotenburgweg 46, 9723 TM Groningen, The Netherlands and is registered at the Dutch Chamber of Commerce, number 02054353 (“Motorcycle Storehouse” or “we” or “us”). 1.2 We are an independent European distributor of parts and accessories for motorcycles and are not affiliated with Harley-Davidson, Inc. or any other motorcycle manufacturer. The words Harley, Harley-Davidson, H-D, all H-D part numbers and model designations, as well as other brand names and model designations from other brands, are used in reference only. All other brand names or trademarks used in our publications, both electronic and printed, are the property of their respective holders. 1.3 We do not sell retail. If you are not a dealer, you may not order products from us, but you can purchase them at your local dealer. 1.4 All purchases are non-exchangeable, non-refundable and non-transferable. 1.5 These Terms will supersede any and all other conditions or terms you may use for ordering goods at all times. 2. Ordering 2.1 Orders need to be placed before CET 14:00 hours for same day shipping. Orders can be placed by telephone, fax, e-mail or through our website. We are open during business hours, Monday to Friday from CET 9:00 to 18:00 hours. In the case of ordering by telephone or fax, we will not be in any way responsible for any errors in these orders, we strongly advise to use the website or e-mail for ordering. We cannot guarantee that orders will be shipped the same day. When orders are impossible to ship the same day, even when placed before 14:00 CET, the order will be processed the next working day without further notice. 2.2 Website, fax and e-mail orders can be placed 24 hours a day, seven days a week. 2.3 Orders cannot be put on hold. 2.4 Minimum order size without a small order fee is 50,00 Euro shippable goods excl. VAT. 2.5 Orders can be placed using part numbers only. 3. Special Orders 3.1 Whenever you are looking for a specific part, please let us know. It is possible that we have this item on the shelf, ready to be shipped. 4. Prices 4.1 Prices mentioned in our pricelists do not comprise VAT taxes. We will always try to keep prices as stable as possible but sometimes we are forced to make adjustments. All prices mentioned in our pricelists are subject to change without prior notice. 4.2 You may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. 5. Returns and Warranty 5.1 In the unlikely event that you receive goods which are not what you have ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall, at our own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or credit to you the amount you paid for the goods in question PROVIDED THAT you notify us of the problem in writing at the address stated in the confirmation e-mail within one working day after delivery of the goods and PROVIDED THAT you return the damaged or defective goods to us. 5.2 Only when postage is prepaid returns will be accepted. No shipping cost credit will be issued on any return shipment. A copy of the invoice on which the returned item was billed plus our returns form, must be included in all return shipments. 5.3 When either the invoice or the form is not included the return will be put aside without further notice and the returned goods will be destroyed after 15 working days. We will not be liable for any costs due to the loss of the returned goods. 5.4 On all returns there is individual 15% re-stocking fee with a minimum of 15,00 Euro per return. Funds for re-stocked items will be credited on the next invoice. Incorrectly supplied or ordered goods must be returned within 14 days or 10 working days after invoice date, clean and in its unopened original packaging. These will be credited on the next invoice(s). We will not refund any payments, but will only credit with future orders. The credit will only be valid for 12 months and will expire without further notice. 5.5 Electrical items cannot be returned. We do not warranty any electrical items including batteries. Any warranty concerning electrical items must be addressed to the manufacturer directly. 5.6 No returns are accepted on helmets, clothing and apparel, except in case of a warranty claim. 5.7 NOTHING IN THIS SECTION AFFECTS YOUR STATUTORY RIGHTS. 6. Transport 6.1 Any period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order. If there are any changes to the details supplied by you, it is your responsibility to inform us as soon as possible. Goods may be sent to you in instalments. 6.2 When accepting a shipment always check if the shipment includes all boxes and if these are undamaged. When damaged or incomplete always mention this to the driver and when signing mention this on the waybill. Goods that are missing from a shipment should be reported to us within one working day after receiving the shipment (the so called “Next Day Claim”). We reserve the decision right to grant such claims. No shipping cost credit will be issued on any shipment. 6.3 We will not be responsible for damage to goods during the shipping process or for any costs involved due to late or non arrival to the extent that the delay is due to any event outside our reasonable control. 6.4 Please note that when shipping products internationally, you should be aware that crossborder shipments are subject to opening and inspection by customs authorities. 6.5 Please note that shipping costs are dependent on the weight, size and dimensions of the ordered and shippable parts and due to certain (IATA) rules and regulations not all parts/ chemicals can shipped using our couriers. 7. Liability 7.1 We do not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services in its publications, both electronic and printed, without prior notice. We shall not be liable for direct, indirect or consequential damage caused by any product. No credit will be issued beyond the original cost of any product. No credit will be issued after one year of the original sales date. 7.2 If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price, if the item(s) has been charged and not dispatched we will cancel and credit your order. We will do our best to correct errors and omissions as quickly as practicable after being notified of them. 7.3 TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE PROVIDING OUR PUBLICATIONS, BOTH ELECTRONIC AND PRINTED, ON AN ‘AS IS’ BASIS AND MAKE NO (AND EXPRESSLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO OUR PUBLICATIONS OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN OUR PUBLICATIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT. 7.4 Both parties will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract. 7.5 Please note that some parts are intended for show use and/or restoration only and may not meet current requirements for street use or meet the legal labeling or instruction requirements for retail sale in your country. When in doubt never order. The parts mentioned in our publications, both electronic and printed, must be installed by a qualified mechanic who is able to judge correct fitment and quality of parts. Never install when in doubt. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the catalog or website or for any products or services purchased from us. 7.6 We receive the technical data of products from third parties. Accordingly, we assume no liability for errors in regards to tech tips, listings, specifications, part numbers or model applications. 7.7 We shall have no liability for the acts or omissions of telecommunications service provider or for failures of, or faults in their networks and equipment. 7.8 All the exclusions and limitations of liability in these Terms of Business shall also apply to the benefit of all (legal) persons which we use for executing the agreements and will not apply if and insofar as the damage is the result of willful default or gross negligence. For the avoidance of doubt, we do not exclude or limit any liability for damages and personal injury (including sickness and death) where such injury results from our gross negligence or wilful default, or that of our employees. 8. Miscellaneous 8.1 No waiver by us of any breach of these Terms shall be considered as a waiver of subsequent breach of the same or any other provision. 8.2 We reserve the right to terminate the agreement, i.e. cancelling the order and/ or terminating your access to the website, without prior notice if: a) you fail to make any payment to us when due, b) you breach the terms of this agreement, c) when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity, and d) we suspect you have engaged, or are about to engage, or have in any way been involved, in fraudulent or illegal activity on our website. 8.3 Intellectual property rights in our publications, both electronic and printed, belong to us. No part of our publications may be reproduced, stored in a retrieval system in any form or by any means, electronically, mechanical, photocopying or otherwise, without our prior written permission. 8.4 You may not permit, create unauthorized framing of, or deep linking to, our website or the creation of derivative works thereof from any other website under your management or control. 8.5 Credit card details may only be communicated by fax or telephone. 8.6 If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected. 8.7 On all our products, offers, service and agreements the law and exclusive jurisdiction of The Netherlands will be applicable. 9. Ordering with Motorcycle Storehouse Ltd 9.1 Motorcycle Storehouse Ltd is located at Unit 2 Oakden Drive, Denton. Manchester. United kingdom. M34 2QN and is registered in England & Wales, company registration number 06167740. 9.2 For customers ordering with Motorcycle Storehouse Ltd, the following deviations from above Terms apply: - whereas 2.1 states CET 14:00 hours, GMT 15:30 hours is applicable - whereas 2.1 states CET 9:00 to 18:00 hours, GMT 8:30 to 17:00 hours is applicable - 2.4 is not applicable - whereas 8.7 states the jurisdiction of The Netherlands, the jurisdiction of the United Kingdom is applicable. 10.0 Privacy We value the privacy of our customers and users and comply with the European General Data Protection Regulation (‘GDPR’). Our privacy statement is part of our agreements. Our privacy statement may change from time to time. The most current version can be found on our website. Terms of Business
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