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Terms & Conditions

Article 1 – Return or Refuse

You can return a product up to 30 days from the date of purchase. The Customer should inform Motorcycletyre about the reason of return. If the reason of return is the fault of Motorcycletyre, we will pay for the return shipping and send you new tyres.

If a Customer is not able to accept the delivery, Motorcycletyre is not responsible for the return costs. The costs to refuse or return a delivery are 10% of the total order amount and the total freight costs, including extra costs for returning the delivery to the warehouse. Please send an e-mail to sales@motorcycletyre.com and we will send you a form with instructions. Simple and easy!

Article 2 – Definitions/General

Below terms will have the following meaning in the General Terms and Conditions of Motorcycletyre:

Motorcycletyre Supplier:
any company recognised by Motorcycletyre that refers to the General Terms and Conditions of Motorcycletyre in its offers and contracts and applies them to its transactions.

Customer:
the party to which Motorcycletyre has sent an offer and/or that has engaged to provide services or deliver goods.

The terms and conditions shall apply to the formation, substance and performance of all contracts concluded between Motorcycletyre and the Customer for the delivery of goods and/or the provision of services by the Motorcycletyre Supplier.

Any purchase or other conditions of the Customer shall not apply, unless this has been explicitly agreed in writing.

Article 3 – Quotes and Contract

All offers and quotes from Motorcycletyre shall be free of obligation.

The prices quoted by Motorcycletyre shall apply to delivery ex-warehouse or place of business of Motorcycletyre, unless otherwise agreed in writing. The quoted prices shall be inclusive of Value Added Tax, but exclusive of other government levies, unless otherwise agreed in writing. Additional costs of packaging, etcetera, are not included in the quote and shall be charged separately by Motorcycletyre.

A contract between Motorcycletyre and a Customer shall not be concluded, until Motorcycletyre has acknowledged the order in writing or has started with its delivery.

Changes in prices due to – for example – changes in factory or importer’s prices and / or exchange rates, may be incorporated in the selling price. If any changes in prices occur within three months of conclusion of the contract, the Customer shall be entitled to dissolve the contract within one week of receipt of the notice of change. Any changes in prices, occurring over a delivery period exceeding three months, shall not entitle the Customer to dissolve the contract.

Any statutory changes in prices, such as taxes and duties levied by the government, shall not entitle the Customer to dissolve the contract.

Article 4 – Delivery and Delivery Period

The delivery dates and other dates stated by Motorcycletyre shall always be indicative and can under no circumstances be regarded as fixed deadlines, unless explicitly otherwise agreed in writing. If the expected delivery date is exceeded, the Customer may give Motorcycletyre notice of default by a registered letter, affording Motorcycletyre a reasonable period of time to fulfil its obligation(s) without assuming liability for damages. A reasonable period of time shall be a period of two working days after expiry of the stated delivery date.

Goods and / or services shall be deemed to be provided as soon as the goods are ready to be collected from or delivered by Motorcycletyre and / or the activities to be performed as part of the services have been completed.

The Customer shall be obligated to accept any deliveries made earlier than specified by Motorcycletyre. Motorcycletyre may effect partial deliveries and invoice the Customer separately therefore. Partial deliveries cannot be undone if it appears afterwards that the order cannot be delivered in full.

Article 5 – Force Majeure

In addition to its definitions in law and case law, force majeure shall be understood to mean any external causes beyond the control of Motorcycletyre, that prevent the regular performance of an obligation, irrespective of whether such a cause could have been foreseen at the time the contract was concluded. Such causes shall include strikes, a general lack of raw materials, unforeseeable delays at suppliers, or other third parties that Motorcycletyre depends on, government measures, general power supply failures, severe weather conditions and general transport problems.

Motorcycletyre may also invoke force majeure if the circumstance preventing (continued) performance commences after Motorcycletyre should have fulfilled its obligation.

In the event of prolonged force majeure, Motorcycletyre shall be entitled to declare the contract dissolved in writing without accepting liability for damages.

During the period of temporary force majeure, Motorcycletyre’s delivery and other obligations shall be suspended without judicial intervention and the delivery period shall be extended by the same period. If the period of force majeure continues for more than three months, either party shall be entitled to dissolve the contract with due regard for the provisions set forth in Article 4e), without assuming liability to pay the other party damages.

If Motorcycletyre has already fulfilled part of its obligations or is only able to perform its obligations partially at the time the force majeure commences, Motorcycletyre may invoice separately for the part already delivered or deliver the relevant part and send an invoice for it. The preceding provision shall not apply if the part already delivered or yet to be delivered has no independent value.

Article 6 – Risk, Retention of Title and Right of Retention

Motorcycletyre shall bear the risk of any and all damage sustained or caused by the goods and / or services provided as from the moment of delivery. The party responsible for organising transport shall bear said risk, as from the moment at which the transport commences, and shall be obligated to take out adequate insurance for said risk.

Motorcycletyre shall be obligated to insure the goods delivered against the customary risks under standard conditions with a reputable insurance company, and to keep them insured from the moment of delivery until the time of full payment.

All goods delivered and yet to be delivered under a specific contract shall remain the exclusive property of Motorcycletyre, until the Customer has paid all sums it owes or will owe Motorcycletyre, including interest and costs . This means that the paid goods shall not become the Customer’s property, until the Customer has settled all sums due to Motorcycletyre, including invoices other than those sent for the goods present.

If the Customer fails to pay within the agreed timeframe, Motorcycletyre shall be entitled, without notice of default or judicial intervention being required and without assuming liability for damages, to dissolve the purchase contract and repossess the goods delivered, to which the Customer shall grant Motorcycletyre free access.

As long as the ownership of the goods delivered has not passed to the Customer, the latter may not pledge the goods or encumber them with any other security rights. The Customer shall be allowed to dispose of goods from Motorcycletyre in the course of its normal business operations.

Goods that are present on the Customer’s premises and are listed in Motorcycletyre product range shall be deemed to have come from Motorcycletyre, unless the Customer proves that the goods come from a different source (subject to proof to the contrary).

Until the Customer has paid Motorcycletyre all sums due under the contract, Motorcycletyre may keep the Customer’s goods in its possession and recover the sum due therefrom, unless the Customer has provided sufficient security for its debt.

Article 7 – Payment

Unless agreed otherwise, all deliveries shall be made on cash prepayment. If the parties agree otherwise, payment shall normally be due 7 days after the invoice date. The parties may also agree on a different due date in writing. The applicable due date shall constitute a deadline. We accept Giropay, iDeal, MisterCash / Bancontact and Paypal.

All costs associated with payment shall be borne by the Customer. Payments shall first be applied to settle the costs, then the interest due and finally the principal and current interest. If the principal consists of multiple invoices, the payment shall be allocated to the longest outstanding invoice or invoices, regardless of the invoice numbers that the Customer allocates to the payment.

If the Customer fails to pay by the due date, the Customer shall be in default without further notice being required and shall owe 1% interest on the principal per month or part of a month. If the statutory interest should be higher, the Customer shall owe this statutory interest.

If the Customer defaults on fulfilling its payment obligations, all costs reasonably incurred by Motorcycletyre to effect settlement out of court shall be charged to the Customer. The extrajudicial collection charges are set at 15% of the principal, unless the Customer demonstrates that Motorcycletyre has incurred less damages.

If Motorcycletyre demands payment in court, or otherwise demands performance of the contract in court and Motorcycletyre wins its case in whole or in part, the Customer shall be obligated to pay all costs actually incurred by Motorcycletyre in connection with the legal proceedings, such as the costs of legal assistance, attachment and court registry fees.

Article 8 – Conformity

Motorcycletyre shall perform the contract to the best of its ability and understanding, in accordance with the requirements of good workmanship. The Customer shall be obligated to examine as soon as possible after delivery whether Motorcycletyre has duly complied with the contract and to notify Motorcycletyre in writing within a reasonable period of time, within 10 working days after delivery at the latest, if the latter’s performance should be found inadequate (due date). If notification is not reasonably possible within this period, the deadline shall be 10 working days from the moment the defect is detected or could have been detected.

Complaints shall not entitle the Customer to postpone payment.

If a complaint is lodged on time, as referred to in Article 7, paragraph a, the Customer shall allow Motorcycletyre to verify the validity of the complaint. If the complaint is valid, the Customer shall give Motorcycletyre a reasonable period of time to repair or replace the service or item provided.

The parties shall also deem the performance of the contract to be satisfactory if the Customer has failed to effect the verification or notification referred to in Article 7a on time. By signing for correct receipt on delivery, the Customer shall waive the right to lodge any complaints regarding quantity and visible damage to the goods received. No rights can be derived from apparent misprints or typographical errors in catalogues or price lists.

Motorcycletyre shall guarantee both the soundness of the goods delivered in relation to their price and the quality of the services provided, except if:

the Customer does not follow the instructions or regulations given by Motorcycletyre or its supplier;

they are not used normally;

defects are the result of normal wear and tear or normal use;

an item is installed, repaired or altered by a third party at the Customer’s behest;

a government regulation dictates the nature or quality of the materials used;

the Customer supplies materials or goods to Motorcycletyre for processing;

materials, goods or working methods have been employed on the Customer’s express instructions.

If Motorcycletyre replaces any goods pursuant to the provisions of Article 7c or 7e, these items shall become its property. If the Customer has already put the items into use, Motorcycletyre shall be entitled to charge the Customer a fee relative to the period during which the items in question were used by the Customer or a third party, and this fee shall be in the same proportion to the purchase price as the period of use to the normal life span of the items.

Article 9 – Liability

Motorcycletyre’s total liability shall be limited to repair, replacement or revocation of the contract. Motorcycletyre shall not be liable for any other compensation (no compensation for consequential loss). The Customer shall be responsible for claims to guarantees provided by third parties (manufacturer or importer).

Motorcycletyre, its subordinates and third parties engaged by it shall not be liable for damage to people, items or the business of the Customer and/or third parties resulting from defects in the goods and/or services provided by Motorcycletyre, except in the event of intent or wilful recklessness.

The Customer shall indemnify Motorcycletyre against third-party claims resulting from a shortcoming in the goods or services provided.

In addition, Motorcycletyre’s liability shall be limited to the amount paid out by the insurance company, in so far as such liability is covered by the insurance taken out. If the insurance should not provide cover or if the insurance company refuses to pay, Motorcycletyre’s liability shall be limited to the invoice value of the relevant item and/or service.

In the event of any damage caused by a defect in an item delivered by Motorcycletyre, which was neither produced nor imported into the European Union (EU) by the same, Motorcycletyre shall undertake to inform the Customer within a reasonable term of the address of the supplier, producer or importer in the EU. If Motorcycletyre is not or no longer able to do so, or if it has produced the item or imported it into the European Union itself, its liability shall not exceed its statutory obligations and its obligations pursuant to the provisions of Article 8, paragraph a.

Article 10 – Suspension and Dissolution

Motorcycletyre shall be authorised to suspend the fulfilment of its obligations or to dissolve the contract without assuming liability for damages if:

the Customer fails to fulfil its obligations under the contract or fails to do so on time or in full;

after conclusion of the contract, Motorcycletyre has reason to believe that the Customer will not be able to fulfil its obligations or to do so on time or in full;

on conclusion of the contract, the Customer is obligated to provide sufficient security for fulfilment but fails to do so or, in Motorcycletyre’s opinion, provides insufficient security;

such unforeseeable circumstances occur that the Customer is unable to perform the contract, such as in the event of insolvency on the part of the Customer or if the unforeseeable circumstances are such, that an unamended continuation of the contract cannot be required of the parties by standards of reasonableness and fairness.

If the contract is dissolved, all amounts receivable from the Customer shall become immediately exigible and Motorcycletyre shall retain its claims to damages.

Article 11 – Applicable Law and Disputes

Motorcycletyre’s total liability shall be limited to repair, replacement or revocation of the contract. Motorcycletyre shall not be liable for any other compensation (no compensation for consequential loss). The Customer shall be responsible for claims to guarantees provided by third parties (manufacturer or importer).

All contracts concluded with Motorcycletyre shall be governed by Luxemburg law. Applicability of the CISG or the Vienna Sales Convention is explicitly excluded.

Any disputes ensuing from contracts with Motorcycletyre shall be brought before a Luxemburg Court in the district where Motorcycletyre has its registered office, unless statutory regulations dictate otherwise.