The online store Moto-parts.net site was set up by the company Performance Parts, which is the operator of this site. Any order under a product appearing in the online store's website www.motoracingparts.be requires prior consultation of these general conditions. As a result, the consumer is fully aware that its agreement on the content of these conditions does not require the signature of this document, to the extent that the customer wishes to order online the products presented in the framework of the shop website. The consumer has the option to save or print these terms and conditions, provided that both the saving and editing of this document are the sole responsibility. The consumer, prior to his order, said that the acquisition of these products is not directly related to his professional activity, their acquisition is reserved for a personal use of his hand. As a consumer, the customer has specific rights, which would be challenged in the event that the goods or services purchased through the website would actually related to his professional activity. The online store set up by the company Performance Parts within the website lists the following information:
- disclaimer enabling precise identification of the company Performance Parts presentation of the essential characteristics of the goods offered
2. indicated in Euros the price of goods and, where applicable, delivery charges
3. indication of the terms of payment, delivery or performance
4. the existence of a right of withdrawal
5. the validity of the offer or the price
6. the conditions for terminating the contract when it is indefinite or for a period exceeding one year
7. All this information is presented in French. The consumer states have full legal capacity to engage under these terms and conditions
Article 1: Entirety These Terms and Conditions constitute the entire obligations of the parties. In this sense, the consumer is deemed to accept without reservation all the provisions contained in these terms and conditions. No general or specific in documents sent or given by the consumer may be incorporated herein, since these documents are inconsistent with these terms and conditions.
These general conditions are intended to define the rights and obligations of the parties under the online sale of goods and services offered by the company Performance Parts to the consumer.
Article 3: Contractual documents
This contract is formed by the following contractual documents, presented in descending order: these terms and conditions, the purchase order. In case of conflict between the provisions contained in the documents of different ranks, the provisions of higher rank document shall prevail.
Article 4: Entry into force - length
These conditions come into force on the date of signature of the order form. These conditions are concluded for the duration necessary for the provision of goods and services purchased, until the expiry of the guarantees owed by the company Performance Parts.
Article 5: Electronic signature
The "double click" the consumer under the purchase order constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 6: Order Confirmation
The contractual information will be confirmed towards e-mail no later than at the time of delivery or otherwise, to the address indicated by the consumer in the purchase order.
Article 7: Proof of the transaction
The records stored in the computer systems of the company Performance Parts in conditions of reasonable safety, will be considered proof of communications, orders and payments between the parties. The filing of purchase orders and invoices is made on a reliable and durable can be produced as evidence.
Article 8: Product Information
8-a: The Company Performance Parts has on its website to sell products with the characteristics required to meet the
Article L 111-1 of the Consumer Code, which provides the possibility for the potential consumer to know before taking command of the essential characteristics of the products they wish to buy.
8-b: The offers presented by the company Performance Parts are only valid within the limits of available stocks.
Article 9: Price
Prices are quoted in euros and are valid as of the date of mailing of the order by the consumer. They do not include delivery charges, billed at cost, and indicated before the validation of the order. The prices include the VAT applicable on the date of the order and any change in the VAT rate will be reflected in the prices of the online store. Payment of the full price must be made when ordering. At no time, payments can not be considered as a deposit or deposits.
Article 10: Payment
To set the order, the consumer has, at its option, all modes of payment specified in the order. The consumer provides the company Performance Parts that has the required permission to use the method of payment chosen by him during the validation of the order. The Company Performance Parts reserves the right to suspend any order and any delivery in case of refusal of authorization of payment by credit card from the officially accredited bodies or in case of non payment. The Company Performance Parts specifically reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully paid or a previous order or with whom a payment dispute is being administration. The Company Performance Parts has established a procedure for control checks to ensure that no person using the bank details of another person without his knowledge. As part of this audit, the customer will be asked to send a fax to the company Performance Parts a copy of a photo ID and proof of address. The order will be confirmed after receipt and verification by us of parts delivered.
Article 11: Availability of products
The order will be executed no later than within three days from the day after the consumer placed his order. In case of unavailability of the ordered product, especially because of our suppliers, the consumer will be informed at the earliest and will be able to cancel the order. The consumer will then have the option of requesting either a refund of amounts paid within 30 days before their payment, or exchange the product.
Article 12: Delivery
The products are delivered to the address indicated by the customer on the order form. The consumer is responsible for checking the condition of the packaging of the goods upon delivery and report any damage to the carrier on the delivery, and the company's Performance Parts within a week . The consumer may, upon request, obtain sending an invoice to the billing address and not the delivery address by validating the option provided for this purpose on the order form. Regarding shipping, we are working with B-post, DPD, UPS. When we do a mailing, you will immediately receive an email informing you.
To minimize freight costs, all products of small and medium size are shipped by a service B-Post followed. However, it may be, as in any expedition, there may be a delay in delivery or the product gets lost. In case of late delivery from the date we have told you in the email from, we ask you to report the delay in calling us by phone or by sending us an email. We will then contact the driver to start an investigation. An investigation may take up to 21 days from the date of commencement of the investigation. If during this period, the product is found, it will be immediately redirected to your home (most cases). But if the product is not found at the end of the 21 days of investigation, we consider the package as lost. It is only then that we can send you a replacement at our expense. If the product ordered were not available at that time, we will refund the amount of products affected by the loss of carrier. If the product was still available, but have changed their selling price on the site, we apply the new selling price or by paying by check for the difference, or by requesting a check for the price difference. We disclaim any responsibility for the longer delivery times because of carrier, especially in case of loss of products or strike.
Article 13: Delivery problems due to carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged parcel, broken product) must be indicated on the delivery form of "handwritten reserves", accompanied by the customer's signature. The consumer must confirm this problem by sending the carrier within two (2) business days following the date of delivery by registered mail with return receipt stating such claims. The consumer must send a copy of this letter by fax or mail to:
Performance Parts - Moto-parts.net
Rue Des Moines No. 8
4357 Donceel - Belgium
Article 14: Delivery errors
14-a: The consumer must make the company Performance Parts on the day of delivery or later than the first business day following delivery, any claim of error of delivery and / or non-conformity of goods in kind or in quality compared to the entries in the order. Any claim made after this time will be rejected.
14-b: The formulation of this claim the company Performance Parts can be made: - primarily by phone at +32 (0) 498/50.50.25 Monday to Saturday from 9am to 12pm. or by logging on to our website under the heading "follow your order" "where, after entering your customer number, you can ask your question through the menu contact us specifying the reference of the order.
14-c: Any claim not made in the rules defined above and within the time limits could not be taken into account and release the company from all liability Performance Parts towards the consumer.
14-d: a receipt of the complaint, the company Performance Parts assign a number of exchange of the product (s) (s) concerned and communicate by e-mail, fax or telephone to consumers. The exchange of a product can take place only after the allocation to the consumer a number of exchange according to the approach outlined above.
14th: In case of error of delivery or exchange any product for exchange or refund must be returned to the company Performance Parts as a whole and in its original packaging, with Colissimo Recommended to following address:
Performance Parts - Moto-parts.net
Rue Mean 251
To be accepted, any return must be reported in advance to the company's Customer Service Performance Parts.
Shipping costs are the responsibility of the client, except where it would prove that the product does not match the original declaration made by the consumer in the right of return.
If the customer orders a product by mistake and it is found that the delivery that it is not correct, the company Performance Parts reserves the right to retain 20% of the value of the product and refund the remaining excluding postage.
Article 15: Product Warranty
Article 4 of the decree n78-464 of 24 March 1978, the provisions hereof may not deprive the consumer of the legal guarantee which obliges the seller to guarantee against all consequences of defects of the thing sold. The consumer is expressly informed that the company Performance Parts is not the manufacturer of the products presented within the website, under the law n98-389 of 19 May 1998 concerning liability for defective products. Accordingly, in case of damage to a person or property by a defective product, only the liability of the producer it may be sought by the consumer, based on the information provided on the packaging of the product. Conditions and manufacturer warranty period is stated in the data produced. Given the frequency of renewal of components of technical products, Performance Parts may, upon request, inform the consumer of the availability of spare parts products offered and how to possibly get.
Article 16: Right of withdrawal
The consumer has a period of 10 days to return, at its expense, the products do not suit him. This period starts from the date of delivery of the customer's order. If this deadline falls on a Saturday, Sunday or a holiday or holiday, it is extended until the first following working day. All returns must be reported in advance to the Company Customer Service Performance Parts: - primarily by phone at +32 (0) 498/50.50.25 Monday to Saturday from 9am to 12pm - by logging on to our website in the "follow your order" where, after entering your customer number, you can get your order number. The product must be returned to Colissimo Recommended Performance Parts, Rue Des Moines No. 8-4357 Donceel Belgium
Only products returned are in their entirety, in their original packaging complete and intact and in perfect condition for resale. Any product that has been damaged or whose original packaging has been damaged, will not be refunded or exchanged.
This right of withdrawal is without penalty, except the cost of returning the company and Performance Parts shown to an error of the order. Assuming the exercise of the right of withdrawal
In case of exercising the right of withdrawal, the company Performance Parts will make every effort to reimburse the consumer within 15 days. However, given the technical nature of products sold, this period may be extended to 30 days, especially when the product needs a technical audit (see products to be tested in advance).
The customer will then be refunded by crediting his bank account (secure transaction) in case of payment by credit card or by check in other cases.
Paypal refund : Paypal bank charges which are payable by motoracingparts.be at the time of each customer payment will no longer be refund if the customer himself wishes to cancel his order.
Article 17: Rights of Use
The right to use the company's software Performance Parts as well as those distributed by it shall be given to consumers in a non-exclusive, personal and non-transferable in accordance with the Code of Intellectual Property. However, under Article L122-6-1 of the Code, the consumer has a right of reproduction exclusively for the establishment of a backup, when it is necessary to preserve the use of software. In any event, the software author retains ownership of his work, the consumer agrees to comply.
Article 18: Force majeure
Neither party has failed to meet its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Be considered fortuitous event or force majeure any compelling facts or circumstances, outside parties, unpredictable, inevitable, independent of the will of the parties and can not be prevented by them, despite all efforts reasonably possible. The party affected by such circumstances shall notify the other within ten working days following the date on which it becomes aware. Both parties will then, within a month, unless unable due to force majeure, to examine the impact of the event and agree the conditions under which the contract will be continued. If the force majeure lasts for more than three months, these terms may be terminated by the injured party. Explicitly, are considered force majeure or unforeseeable circumstances beyond those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transportation or supplies, earthquakes, fires, storms, floods, lightning cessation of telecommunication networks or difficulties specific to telecommunication networks to external customers.
Article 19: No partial validation
If one or more provisions of these terms are held to be invalid or declared as such under any law, regulation or following a final decision of a competent court, other provisions shall remain in full force and scope.
Article 20: No Waiver
The fact that one of the parties does not rely on a breach by the other party to perform any of the obligations contained in these Terms shall be interpreted in the future as a waiver of the requirement involved.
Article 21: Title
In case of difficulty in interpretation between any of the titles at the head of clauses and any clauses, the titles will be declared nonexistent.
Article 22: Applicable Law
These general conditions are subject to Belgian law. This is for the fund rules as to the rules of form. In case of dispute or claim, the consumer should first contact the company Performance Parts for an amicable solution. In a second time and in case of appeal, the consumer may file a complaint with the company Performance Parts through its dedicated dialog.
Article 23 Data Protection
The information requested from the consumer is required to process the order and may be disclosed to contractors of the company Performance Parts occurring within the framework of the execution of this command. The consumer can write to the company Performance Parts whose coordinates are within the terms and conditions contained within the website, to oppose such disclosure or to exercise their rights of access, rectification regard to information concerning and contained in the files of the company Performance Parts, under the conditions provided by the law of 6 January 1978.