General Conditions/Terms

Contents:

Article 1- Definitions

Article 2- Corporate Identity/Entrepreneur

Article 3- Relevance

Article 4- Offer

Article 5- Agreement

Article 6- Right of Withdrawal

Article 7- Withdrawal Costs

Article 8- Exclusion Right of Withdrawal

Article 9- Pricing

Article 10- Conformity and Guarantees

Article 11- Delivery and Execution

Article 12- Length transactions: duration, termination and extension

Article 13- Payments

Article 14- Complaints

Article 15- Additional and Different Provisions

Privacy policy

 

Article 1 – Definitions

In these Conditions/Terms the following definitions are applicable:

Consideration time: the term during which the consumer can execute the right of withdrawal.

Consumer:  the natural person not dealing on behalf of a company or profession and who comes to a distance agreement with the entrepreneur.

Day: calendar day

A length transaction: a distance agreement related to a series of products and services of which the delivery obligation and the purchasing are spread over a period of time.

Durable Medium: any instrument which enables the recipient or the entrepreneur to store information addressed personally to them in a way accessible to future reference for a period of time adequate to the purpose of the information and which allows the unchanged reproduction of the information stored.

Right of Withdrawal: the possibility for the consumer to terminate the distance agreement within the consideration term.

Entrepreneur: the natural person or corporation who offers distance products to consumers.

Distance Agreement: an agreement based on a corporate organized system of distance sales of products and services including the closing of an agreement using one or more techniques of distant communication.

Technique of distant Communication: a means that can be used to close an agreement without the consumer and the entrepreneur have gathered together in the same place and at the same time.

 

Article 2- Corporate Identity/Entrepreneur

V.O.F. Salis Parts

Rozenstraat 57, 4613AH  Bergen op Zoom;

Phonenumber: +31-(0)6-5385 4044   09:00 - 18:00 CET

E-mail: info@salisparts.com

Chamber of commerce number: 70541159

VAT identification number: NL858366794B01

If the activity of the entrepreneur is submitted to a relevant licensing system: the data of the supervisory authority.

If the entrepreneur pursues a regulated profession:

The professional association of which the entrepreneur is a member:

The profession, the location in the EU or in the European Economic space where this profession has been assigned:

A reference to the professional rules which apply in the Netherlands and instructions where and how accessible these professional rules are.

 

Article 3- Relevance

These general conditions/terms apply to any offer of the entrepreneur and to every finalized distance agreement between entrepreneur and consumer.

Before the distance agreement is concluded, the text of the general conditions/terms is being made available to the consumer. If this is reasonably not possible that before the distance agreement is concluded, it will be indicated that the general conditions/terms can be seen at the entrepreneur and on request of the consumer these general conditions/terms shall be sent to the consumer as soon as possible without extra costs.

If the distance agreement is concluded electronically, notwithstanding the previous article and before the distance agreement is concluded, the text of the general conditions/terms can be made available electronically to the consumer in such a way that the text can be saved in a simple way on a durable medium. If this is reasonably not possible that before the distance agreement is concluded it will be indicated where the consumer can find the general conditions/terms electronically and that these conditions/terms at the consumer’s request will be sent electronically or otherwise to the consumer without extra cost.

For the case that besides these general conditions/terms, specific product and service conditions are also applicable, the second and third article are mutatis and in case of conflicting conditions/terms the consumer can appeal on the relevant conditions/terms  which are the most favorable for the consumer.

 

Article 4- Offer

If an offer has a limited validity or has other specifications, this will be emphatically mentioned.

The offer contains a complete and accurate description of the offered products and services. The description is sufficiently detailed to enable a proper consumer’s assessment of the products/services. The images used by the entrepreneur are true representations of the products and services. Obvious mistakes and errors do not bind the entrepreneur.

Each offer contains such information that it is clear for the consumer which rights and obligations are related  to the offer when it is accepted by the consumer. This concerns in particular:

- price inclusive taxes

- possible costs of delivery

- the manner in which the agreement has been concluded and the necessary signatures

- whether to apply the right of withdrawal

- the method of payment, delivery and performance of the contract

- the deadline for accepting the offer or the period within which the entrepreneur guarantees the price

- the level of the rate for distance communication if the costs for the usage of the technology for distance communication are calculated on another ground than the regular fare for communication

- if the agreement after the conclusion is archived and if so how to consult it for the consumer

- the manner in which the consumer, before concluding the agreement, can check and if necessary also restore the information provided by him under the agreement

 

Article 5- The Agreement

The agreement is finalized, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions.

If the consumer has accepted electronically the offer, the entrepreneur immediately confirms electronically that he has received the acceptance of the offer. As long as the entrepreneur has not confirmed the acceptance, the consumer can terminate the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic data transfer and that he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe the necessary security measures.

The entrepreneur can notify or check, within the legal framework, if the consumer can meet the payment obligations, and also check all important facts and factors which are needed to finalize a sound distance agreement. If the entrepreneur based on research, has good reasons not to conclude the agreement then he is entitled to motivate and to refuse an order/ request or he can connect special conditions to the execution of the offer.

The entrepreneur shall send the following information with the products or services, written or in such a manner that the consumer can store in an accessible way the data on a durable medium:

1. The address of the company for the consumer to file complaints
2.  The conditions and the way how the consumer can execute the right of withdrawal and a clear indication related to the exclusion of the right of withdrawal.
3. Information about after sales guarantees and services
4. Article 4 paragraph 3 unless the entrepreneur has already sent this information before the execution of the agreement.
5. The requirements for termination of the agreement if the agreement has a duration of one year or more or of if it has an indefinite duration.

In case of a length transaction the previous clause e. is only applicable for the first delivery.

 

Article 6- Right of Withdrawal

Deliverance of products:

After purchasing products the consumer has the possibility to disband the agreement without giving reasons during 14 days. The cooling off period starts on the day after the consumer receives the product or a pre-designated representative by the consumer made known to the entrepreneur.

During the cooling off period the consumer shall treat the product and the package carefully. He shall unpack or use the product only to that extent to as far as it is necessary to judge if he wishes to keep the product. If he does want to execute the right of withdrawal, he shall return the product with all accessories and -if reasonably possible- in the original conditioning and packaging to the entrepreneur, in accordance with the provided reasonable and clear instructions of the entrepreneur.

Deliverance of Services:

After the deliverance of services the consumer has the possibility to disband the agreement without giving reasons during at least 14 days, commencing on the day of the entering into the agreement.

In order to execute the right of withdrawal, the consumer must abide by the reasonable and clear instructions provided by the entrepreneur at the offer or finally at the deliverance of the service.

 

Article 7- Withdrawal Costs

If the consumer executes the right of withdrawal, he will have to pay no more than the costs of returning the product.

If the consumer has made a payment, the entrepreneur shall pay back this amount as soon as possible but no later than within 14  days after the repeal or after the return shipment.

 

Article 8- Exclusion Right of Withdrawal

The entrepreneur can exclude the right of withdrawal of the consumer for as far as foreseen in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly mentioned this at least in time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for the following products:

1. Which are established by the entrepreneur according to specifications of the consumer
2. That they are clearly personal in nature
3. Which cannot be returned because of their nature
4. That can spoil or age quickly
5. Whose price is bound to fluctuation on the financial market which the entrepreneur has no influence

Exclusion of the right of withdrawal is only possible for the following services:

1. Whose delivery has begun with the express consent of the consumer before the consideration period has expired.

 

Article 9- Pricing

During the validity period mentioned in the offer, the prices of the offered products and services shall not be raised save for price changes due to changing VAT rates.

Notwithstanding the previous paragraph the entrepreneur can offer products and services with variable prices when these prices are subject to fluctuations on the financial market and where the entrepreneur has no influence. This bondage to fluctuations and the fact that the mentioned prices are target prices will be mentioned with the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted only if they are the result of legal regulations or provisions.

Price increases from 3 months after the conclusion of the agreement only if the entrepreneur has stipulated this and:

1. These are the result of legal regulations or provisions; or
2. The consumer has the competence to terminate the agreement from the day the price increase takes effect.

The prices stated in the offer include VAT, if applicable according to the rules of the European Union

 

Article 10- Conformity and Guarantees

The entrepreneur ensures that the products and services measure up to the agreement, ensures the in the offer mentioned specifications, ensures reasonable requirements, soundness and or usefulness and ensures on the date of the establishment the existing legal provisions and/or government regulations. If agreed the entrepreneur also ensures that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer or importer does nothing to alter the rights and claims which the consumer under the agreement can put forward against the entrepreneur.

 

Article 11- Delivery and Execution

The entrepreneur shall observe in utmost care the reception and execution of orders of products and when assessing applications for services.

The address that has been made known by the consumer to the entrepreneur is considered to be the delivery place.

Taking into account what is stated in article 4 of the general conditions/terms , the entrepreneur shall execute the accepted orders expeditiously but not later than within 30 days unless a longer period has been agreed. If the delivery is delayed or if a delivery cannot or partially be executed, the consumer is notified about this no later than 30 days after he placed the order. In that case the consumer has the right to terminate the agreement without any further cost.

In the event of termination in accordance with the previous paragraph the entrepreneur shall pay back the amount that the consumer has paid as soon as possible but no later than 30 days after the termination.

If the delivery of an ordered product appears to be impossible, the entrepreneur shall strive to make available a replacement product. At least before the delivery it will be mentioned in a clear and understandable manner that a replacement product will be delivered. The right of withdrawal cannot be ruled out with regard to replacement products. The costs of a possible return shipment come at the expense of the entrepreneur.

The risk of damage and/or loss of products rest with the entrepreneur until the moment of delivery at the consumer or a pre-designated and an announced representative to the entrepreneur, unless otherwise expressly agreed. If you receive a damaged product, you should report this by email within three days. You can send this email to: info@salisparts.com

 

Article 12- Length transactions: termination

Terminate

The consumer can terminate at any time an agreement which has been entered for an indefinite period and which extends to regular delivery of products and services respecting the applicable termination rules of a notice of not more than one month.

The consumer can terminate at any time an agreement entered for a definite period and which extends to regular delivery of products or service at the end of the definite period respecting the applicable termination rues of a notice of not more than one month.

The consumer can in the agreements in the previous mentioned paragraph:

- at all times terminate with no restrictions to terminate at a certain time or during a certain period

- at least terminate in the same manner as they are entered into by him

- at all times terminate with the same notice as the entrepreneur has obtained for himself.

Article-13 Payments

 

Unless otherwise agreed, the amounts due have to be met by the consumer within 7 days after entering the cooling off period referred to article 6, paragraph 1. In case of an agreement to provide a service the cooling off period starts after the consumer has received the confirmation of the agreement.

When selling products to consumers, a prepayment of more than 50% must never be stipulated in the general terms and conditions. When a prepayment has been stipulated the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated payment has been made.

The consumer has the duty to notify the entrepreneur about inaccuracies in the payment details.

In case of default by the consumer the entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs which are made known to the consumer in advance.

 

Article 14 - complaints, disputes

 

Unless specified otherwise in specific guarantees offered by V.O.F. Salis Parts, complaints regarding a defect, defect or non-conformity (collectively referred to as "Defect") of the delivered goods are only valid if they have been passed on to V.O.F. Salis Parts in writing as soon as possible after delivery and no later than:

three working days after delivery of the goods, with regard to immediately visible visible defects; and

three working days after the date on which the Defect was discovered, or the date on which the Buyer should reasonably have discovered the Defect, with regard to all other Defects, but in no case later than three (3) months after delivery of the defective goods.

14.1.2 Unless specified otherwise in specific guarantees offered by V.O.F. Salis Parts, a complaint from the Buyer pursuant to Article 6.1 is only valid if:

the complaint has been submitted within the periods set out in Article 6.1, after which the Buyer is deemed to have waived all rights vis-à-vis V.O.F. Salis Parts with regard to a Defect of the goods or the way in which V.O.F. Salis Parts has fulfilled its delivery obligations, and

the delivered goods have remained in the same condition as on delivery, and

the delivered goods have been used correctly and in accordance with the agreed or normal purpose, and

the Buyer has complied with all his obligations towards V.O.F. Salis Parts.

14.1.3 Possible damage during transport between V.O.F. Salis Parts and the Buyer must be stated as detailed as possible on the official transport document (CMR, bill of lading, CN23 form etc.) immediately upon receipt of the goods. This document must also be signed by both the recipient and the driver of the carrier with name, date and time. A copy of this document, together with a photo of the established damage, must be provided by the Buyer to V.O.F. Salis Parts within a period of 7 working days after receipt of the goods. After consultation between V.O.F. Salis Parts and the Buyer, it is decided how the damage will be further dealt with. Complaints with respect to transport damage that do not contain the required data when reported (signed transporation document with requested damage report, photo, timely report) will not be accepted by V.O.F. Salis Parts.

 14.1.4 The commissioning, processing, repackaging and / or resale of the goods delivered by V.O.F. Salis Parts is considered to be approval and acceptance, counts as the definitive delivery of the goods in question and releases V.O.F. Salis Parts from its responsibilities and liability in accordance with Article 10 of these general terms and conditions.

 14.1.5 In the event of complaints regarding defects that are reported to V.O.F. Salis Parts in a timely and correct manner, V.O.F. Salis Parts shall, at its own discretion and insight: (1) replace the Defective goods, components and / or service performance (in part); (2) repair the Defective goods and / or components; or (3) credit an amount that reasonably corresponds to the nature and extent of the relevant Defect. The Buyer acknowledges that each of these measures individually entails a full and adequate compensation for any possible damage resulting from Defects and accepts that the implementation of these measures cannot be regarded as an acceptance of liability by V.O.F. Salis Parts.

 14.1.6 Complaints and / or any (partial) replacement or repair of goods and / or service performance do not in any way release the Purchaser from his payment obligation within the written agreement between V.O.F. Salis Parts and the Purchaser, the order confirmation from V.O.F. Salis Parts, these general terms and conditions of sale, and / or the respective invoice period (s).

 14.2 Return conditions

 14.2.1 Goods may not be returned by the Buyer without the prior explicit written permission of V.O.F. Salis Parts

Dutch law exclusively applies to agreements between entrepreneur and consumer whereupon these general conditions/terms are related to.

In case of disputes the consumer can approach Stichting WebwinkelKeur (WebwinkelKeur Foundation) and this foundation will mediate for free. If both parties cannot come up to a solution then the consumer has the possibility to let his complaint be handled by Stichting GeschilOnline. (GeschilOnline.nl Foundation) The ruling of this foundation is binding and both the consumer and the entrepreneur accept this binding ruling.

 

Article 15 - Additional and Different Provisions

Additional or different provisions compared to the General conditions/terms may not be to the prejudice of the consumer and should be recorded in writing in such a manner that the consumer can save these in an accessible way on a durable medium. 

 

 Article 16 – Services

 16.1 Salis Parts (from here SP) does not guarantee overhauled engines, gearboxes, final drives and carburetors. When rebuilding these, SP takes great care, however, because it is a very old product with an unknown history, technical and functional problems can occur that were not foreseen in advance. SP is not responsible for solving these unforeseen problems.

 16.2 SP gives no warranty on used parts or used materials, without prejudice to any warranty still in force given by the manufacturer or importer and without prejudice to the legal rights that a private customer has in the event of purchase of movable property.

 16.3 Unless otherwise agreed, SP does not guarantee motor vehicles, parts and materials which it sells on consignment, whether new or used.

 16.4 SP guarantees the proper performance of the work assigned to it exclusively within the European Union and for a period of 1 month, counting from the day of delivery. SP is authorized to include additional or different warranty conditions in a separate document.

 16.5 The guarantee given by SP, as referred to in section 3, does not apply if the item on which SP has performed work is damaged in whole or in part as a result of non-normal use. Nor does this guarantee apply if the Customer has had repairs or other work carried out by third parties on the item in question or has not carried out the work itself without SP's prior consent. The Customer is also not entitled to the aforementioned guarantee if he does not give SP the opportunity to remedy the defect found.

 16.6 The Customer is obliged to inspect the item sold to him by SP or the item on which SP has performed work upon delivery, in particular, but not exclusively, for the presence of dents, scratches and/or other damage. In all cases, he must immediately point out to SP any defects in the performance delivered.

 16.7 If SP makes use of parts or materials that the Customer has made available to it for the execution of the work, or that it has purchased and/or used on the instruction of the Customer for the execution of the assigned work, any defects in those parts or materials shall always be at the Customer's expense and risk.

 16.8 SP gives no guarantee on emergency repairs carried out on the instruction of the Client or any other work that it has carried out on the instruction of the Client on a provisional basis.

 16.9 SP cannot be held financially liable for goods and/or parts that the client deposits on the premises before, during or after the rebuilding of his/her motorcycle and does not come to collect them within 2 weeks after completion of the project. This includes old parts that have been replaced. This is due to unnecessary stacking of goods and/or parts. If the client does not come to collect the goods/parts within the indicated 2 weeks, SP is entitled to discard the goods/parts.

Privacy policy

Version 0.1- On 05 July 2014 this page has been updated.

We are aware that you trust us. It is our responsibility to protect your privacy. On this page you can read which data we collect when you visit our website, why we collect these data and how we improve your experience using our website based on these data. So you will understand how we work.

This privacy policy applies to the services of www.bmwclassicmotorcycles.com. You must know that www.bmwclassicmotorcycles.com is not responsible for the privacy policy of other websites and other sources. By using our website you acknowledge to accept our privacy policy.

bmwclassicmotorcycles.com respects the privacy of all the visitors/users of its website and ensures that all personal information which you will give us, will be dealt with in a strict confidential manner.

 

How we use the collected data

Our Services

When you order one of our services/products then we will ask for personal data like name, address etc. These data will be used to execute your order. These data will be stored on a security server owned by bmwclassicmotorcycles.com or by a third party. We will not combine your personal data with other data.

 

Communication

When you send emails or other messages to us it will be possible that we will save these messages. Sometimes we will ask for your personal data when this is relevant. This enables us to answer your questions and requests. These data will be stored on a security server owned by bmwclassicmotorcycles.com or by a third party. We will not combine your personal data with other data.

 

Cookies

We collect data for research to get a better insight in our clients in order to tailor our services/products.

This websites uses cookies. A cookie is a small piece of data sent from a website and stored in a user’s web browser while the user is browsing the website. Every time the user loads the website, the browser sends the cookie back to the server to notify the website of the user’s previous activity. This information gathered by the cookie will be stored on the security server of bmwclassicmotorcycles.com or by a third party. We use this information to see how you use the website and to make reports on website activity in order to offer you other services and products related to your activity on internet.

 

Purpose

We collect and use this information for no other purposes than described in our private policy unless we have received your permission to do otherwise.

 

Third Parties

We will not provide your data to other parties. In some cases your data will be shared internally but our personnel signed a non disclosure contract to respect the confidentiality of your personal data.

 

Alterations

This privacy policy is tuned to the current status of our website. Adjustments or changes on our website can lead to changes in the privacy policy. So we advise you to read our privacy policy on a regular basis.

 

Personal Data Options

We offer all visitors the possibility to look at, to change or to delete all personal data which has been provided to us.

 

Adjustments and termination/removal of Newsletter

At the bottom of all our mails you will find the possibility to adjust your personal data or to terminate the newsletter.

 

Adjustments/Removal communication

If you would like to alter your personal data or to remove these from our files then you can contact us. See below for contact information.

 

Switch off cookies

Most browsers are set up to accept cookies but you can set up your browser to refuse cookies or to notify you when a cookie is being sent to you. It is however possible that some services and functions on our website and on other website do not function properly when you have switched off cookies on your browser.

 

Questions and Feedback

We check on a regular basis if we comply with the privacy policy.  If you have questions about our privacy policy do contact us:

V.O.F. Salis Parts 
Rozenstraat 57, 4613AH Bergen op Zoom, The Netherlands
Phonenumber: +31-(0)6-53854044   09:00 - 18:00 CET
E-mail: info@salisparts.com
Chamber of commerce number: 70541159
VAT identification number: NL858366794B01