Terms & Conditions
MSP (Motorcycle Spare Parts) B.V.
Josinkstraat 70
7547 AC Enschede
The Netherlands
Tel: +31 (0) 53 480 9100
Fax: +31 (0)53 480 91 09
E-mail: info@motorcyclespareparts.eu
Registry of companies Enschede: 54975530
UK National: +44 (0) 1604 300030
France National: +33 (0) 970 019 604
Germany National: +49 (0) 3222 109 4283 (0,24 EUROCENT P/M)
Italy (Freephone within Italy): 800 743 024
Spain National: +34 (0) 902 848 285
Managing Director: Ingo van Dijk
Registry court: Enschede
VAT no.: NL851512847B01
Bank: Rabobank Enschede
IBAN Code: NL06RABO0167977563
BIC CODE: RABONL2U
1. Applicability vis-a-vis companies and definition of terms.
(1) The following general terms and conditions apply to all transactions between us and a consumer in the version that is valid when the order is placed.
(2) ‘Consumer and entrepreneur’ in the sense of these terms and conditions is any natural person who enters into a legal transaction for a purpose that is attributable to neither his commercial or independent professional activities.
(3) The following provisions concerning the conclusion of the contract apply to orders through our internet shop https://www.motorcyclespareparts.eu.
2. If a contract is concluded, that contract is concluded with:
MSP (Motorcycle Spare Parts) BV
Ingo van Dijk
Josinkstraat 70
7547 AC Enschede
the Netherlands
Registration number: 54977530
Registry court Enschede
3. Conclusion of contract.
3.1. The presentation of merchandise in our internet shop does not represent any legally binding contractual offer on our part, but is instead a non-binding invitation to the consumer to order goods. This site is subject to errors and mistakes, particularly with regard to availability of products. Sales only take place as long as supplies last. Only if you order from our online shop will you receive an order confirmation by email. However, this does not constitute our acceptance of your order, but only informs you that we have received your order. Only after confirmation of availability from MSP does a sales contract come about.
3.2. The order confirmation that the consumer or entrepreneur receives by email after successfully placing an order via the MSP Online shop is an automatically generated proof of issue of an offer.
3.3. Offer acceptance follows upon successful shipment confirmation or written acceptance of the order statement by MSP.
3.4. MSP does not offer products for sale to minors. All of the products we offer can only be ordered by customers of legal age or with the consent of their legal representative.
4. Delivery.
4.1. Upon orders via the MSP online shop you will receive an order confirmation by email.
4.2 Each order will be considered a single order; bulk orders are not possible. MSP only sends those parts together that are from a single order.
4.3. MSP ships only by post to your home address. Deliveries to PO boxes or packet stations are not possible.
4.4. MSP applies the following dispatch times for the various manufacturers:
- Aprilia: approx. 3-4 working days
- BMW: approx. 9-10 working days
- Derbi: aprrox. 3-4 working days
- Ducati: approx. 8-10 working days
- Gilera: approx. 3-4 working days
- Honda: approx. 6-7 working days
- Husqvarna: approx. 5-6 working days
- Kawasaki: approx. 3-4 working days
- KTM: approx. 5-6 working days
- Moto Guzzi: approx. 3-4 working days
- Piaggio: approx. 3-4 working days
- Suzuki: approx. 2-3 working days
- Vespa: approx. 3-4 working days
- Yamaha: approx. 6-7 working days
When ordered parts go in to backorder the delivery time can be 2-3 weeks from the date of order.
4.5. For articles listed as backorder that exceed a delivery term of 30 days, the consumer may withdraw from the contract.
4.6. In case of contract withdrawal as per 4.5, MSP will refund the consumer’s overpayment, at the latest within 14 days.
4.7. MSP will inform the consumer by email of any delays.
4.8. If an article is no longer available, MSP will strive to offer a replacement article of the same quality and characteristics (Encryption of parts numbers). If this is not possible, MSP will refund the purchase price of the relevant article.
4.9. The risk of damage to the goods to be delivered or their loss remains with MSP until the consumer receives the package.
4.10. Should the consumer receive a damaged package he should refuse it; otherwise MSP assumes no liability for defective contents.
4.11. Damaged or defective items must be reported to MSP within 24 hours of delivery with the help of the completed RMA (Return Material Authorization) Return / Exchange form. The standard processing time for complaints is 24-48 business hours. In case of a legitimate complaint, MSP will send you the documents required for returning goods by email. RMA documents are to be enclosed with the return; otherwise, processing is not possible.
4.12. Unless expressly agreed otherwise, we determine the appropriate manner of shipping and the forwarder according to our reasonable discretion.
5. Backorder policy.
5.1. All orders in MSP will only be shipped complete, irrespective of whether they contain backorder articles. If an article is not in stock at the supplier it is placed in backorder; the customer can check the expected arrival date in My MSP.
5.2. MSP cannot guarantee the expected delivery times of suppliers. The stated delivery dates are not legally binding.
6. Forms of payment.
6.1 Orders via the MSP online shop can basically be paid by:
- Credit card (MasterCard, Visa)
- American Express
- Credit and debit cards
- Paypal
- iDEAL
- Bancontact/Mister Cash
- Sofortbanking
6.2. Not all payment options are available for all countries.
7. Price labelling (VAT).
7.1. The prices listed on motorcyclespareparts.eu are available in either Euro, British Pound or US Dollar prices (including or excluding the applicable Dutch VAT 21% depending on the country of destination).
7.2. All prices do not include any applicable shipping costs. The legal Dutch VAT and shipping costs are shown separately on the invoice.
7.3 Occasionally there are errors/and or price changes/increases in the price files that are provided to us by third parties/suppliers that we use to create our individual parts listings. In any case where the published price contains an error/price change or increase we will offer the client the option to proceed with the purchase at the correct rate or alternatively refund the client for the full amount of the order placed.
7.4 Countries with demonstrated Dutch VAT: Belgium, Bulgaria, Croatie, Denmark, Germany, Estonia, Finland, France, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Austria, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain (with the exception of: El Hierro, La Palma, La Gomera, Tenerife, Gran Canaria, Santa Cruz, Las Palmas, Fuerteventura, Lanzarote), Czech Republic, Hungary, United Kingdom, Cyprus.
7.5. Deliveries outside the EU are VAT free!
8. Shipping.
8.1. We apply different prices for shipping you can find the price for your country on the page Shipping & Delivery you will find the applicable shipping rate for your country.
8.2. If it is discovered after order placement that a shipment exceeds the maximal permissible package size of 360 cm (1x longest side + 2x medium side length + 2x shortest side length), MSP reserves the right to invoice the customer for the additional shipping costs. Payment will be made with the accepted payment methods. The customer will receive a payment request via e-mail.
9 Withdrawal information.
9.1. Right of withdrawal:
9.1.1 You may withdraw from your contract within 14 days without cause using the RMA form, or - if you receive the article before termination of the deadline - by returning the article. The time limit begins after receipt of said notice in written form, but not before receipt of the goods by the recipient and not before the fulfilment of our obligation to provide information, in any case not before the sales contract has become binding with your acceptance of the purchased article. The timely sending of the withdrawal notice or the article suffices for the application of the withdrawal period.
The contract withdrawal or the return of goods for German customers is to be sent to our postal address in Germany:
MSP (Motorcycle Spare Parts) B.V.
Otto-Hahn-Strasse 11
48599
Germany
All other customers may return articles to:
MSP (Motorcycle Spare Parts) B.V.
Josinkstraat 70
7547 AC Enschede
The Netherlands
9.1.2. If you wish to make use of your right to withdraw, this is done using the RMA (Return Material Authorization) form. You can find this form on the Return/Exchange Policy page.
9.1.3. Exceptions to the right of withdrawal are all electrical and electronic replacement parts such as, for example, engine control units, ignition boxes, alternators, regulators, starters, light bulbs, etc. Electronic attachments can only be returned in closed original packaging. Already mounted original spare parts are generally excluded from return.
9.1.4. Yes. The costs for the return shipment needs to be paid by the customer. If an error has been made by MSP, then the shipping costs of the return will be covered by MSP..
9.1.5. After receipt of the returned goods by MSP according to the RMA form and the return policy, you will be credited for the value of the goods immediately, in any case at the latest within 14 days.
9.1.6. Repayment will be effected via the online payment method chosen by the consumer upon order placement.
9.1.7. Returns must be in undamaged original packaging (free of damage and markings). The original packaging must not be used as shipping packaging. In case of infringements, 25% storage costs will be charged.
9.1.8. The consumer is liable for returns damaged due to poor packaging.
10 Choice of law.
This contract is subject to European private law and the EU Sale of Goods Law.
11 Warranty.
11.1. Your order is subject to the statutory provisions; thereafter you are authorised as buyer to demand correction of damage or delivery of undamaged goods as secondary fulfilment that is free of charge to you for goods that were damaged when you received them, this is to say that the goods will be corrected without problems or completely replaced. If unreasonable costs would occur in association with the secondary fulfilment variant that you choose, we are authorised to refuse this and choose a different variant, if this is not also associated with unreasonably high costs. According to law, the warranty period is two years from your receipt of the goods as our customer.
11.2. Defects or damage that can be traced back to wrongful or inexpert handling or incorrect installation or use of unsuitable accessories or changes in the original parts by the customer or a third party contracted by him are excluded from warranty.
11.3. Normal wear and tear is also excluded from the warranty.
11.4. The customer must immediately inspect the goods or service for possible damage or defects. If a defect, an incorrect delivery or a quantity error is demonstrated on inspection, the customer must immediately send a relevant and complete written report to MSP using the RMA (Return Material Authorization) form on the Warranty Returns page.
11.5. If the customer fails to make this report, the goods or service are considered to have been approved, unless what is concerned is a defect that was not recognisable on inspection or if such a significant deviation of the delivered goods/service or the delivery quantity of the order exists that MSP must consider the approval of the customer as being ruled out.
11.6. Should such a defect be noted later, the customer must send a written report immediately after the discovery, as otherwise the goods are considered to have been approved even with said defect.
11.7. The warranty period for new goods is 2 years. This period begins with delivery of the goods or readiness of the goods to be picked up.
11.8. For the rest, the warranty applies in the context of statutory requirements.
11.9. We only accept liability for loss other than through damage to life, limb and health if this is based upon intentional or grossly negligent action or imputable violation of a significant contractual obligation by us or our agents. Any more extensive liability for damages is ruled out. The provisions of product liability law remain uncompromised.
11.10. If a significant contractual obligation is negligently infringed upon, our liability is limited to the foreseeable contractually typical average loss.
12 Liability for damages.
12.1 Our liability for negligence (except gross negligence) is limited in case of delay in delivery to an amount of 10% of the relevant purchase price (including VAT).
12.2 We are not liable (on any legal grounds) for loss that would typically not have been expected in view of the nature of the current order and the goods under normal use. Also excluded is our liability for loss due to data loss, if its recovery is not possible or is difficult due to absent or insufficient data backup. The above liability limitations do not apply in cases of intent or gross negligence.
12.3 The limitations of this § 10 do not apply to our liability for guaranteed characteristics in the sense of §444 of the Civil Code, due to injury to life, limb or health or according to product liability law.
13 Privacy policy.
13.1 How we use your information
We use your information in several different ways — what we do depends on the information. The tables below set this out in detail, showing what we do, and why we do it.
Your name and contact details
| How we use your name & contact details | Why? |
| To deliver your purchases to you | We must do this to perform our contract with you, we can not send you your order if we do not have these details. |
| Send you service messages by text or e-mail such as order updates | We must do this to perform our contract with you (so you are informed when your order is despatched and due to arrive) |
| Sending you information by email, SMS, or post, about our new products, services and offers. | To keep you up to date. We only send this with your permission |
| Showing you motorcyclespareparts.eu adverts as your browse the web | So, you can see our latest product offers and deals. |
| Finding out what you, and other customers, like | To ensure we are giving you what you want, and to stay ahead of the competition |
Your payment information
This means your card’s security/CVV code, don’t worry, we do not keep them.
| How we use your payment information | Why? |
| Take payment, and give refunds | We must do this to perform our contract with you — as much as we like you we also have to pay for the products we sell to you. |
| Fraud prevention and detection | To prevent and detect fraud against either you or us – unfortunate, but essential. |
Your contact history with us
What you have said to us — for example, over the phone, on instant chat, or on social media.
| How we use your contact history | Why? |
| To provide customer service and support | We must do this to perform our contract with you, after all, you expect the best service from us |
| Train our staff | So that, when you contact us, you get the best possible customer service |
Purchase history and saved items
What you have purchased and what you have stored in your basket for another time
| How we use your purchase history and saved items | Why? |
| To enable us to sell you things | If you can’t put stuff into a basket, you can’t buy it |
| Provide customer service and support, and handle returns | We must do this to perform our contract with you |
Information about your phone or laptop, and how you use our website
Information you give us when you browse our website, including your IP address, device type and, if you choose to share it with us, your location data, as well as how you use our website and app.
| How we use information about your phone or laptop, and how you use our website and app | Why? |
| Improve our website and set default options for you (such as language and currency) | To give you the best possible shopping experience |
| Protect our website | To prevent and detect fraud against either you or us. |
You do not have to give us any of this personal information but if you don’t, you may not be able to purchase from our website, and you are unlikely to receive our optimal overall customer experience. But that is your choice – and we respect that.
We also anonymise and aggregate personal information (so that it does not identify you) and use it for purposes including testing our IT systems, research, data analysis, improving our website and developing new products and services.
Sharing your information
We do not, and will not, sell ANY of your personal data to ANY third party – including your name, address, email address or credit card information. We want to earn and maintain your trust, and we believe this is essential in order do that.
Marketing messages
If you have said we can, we will send you marketing messages by email and/or text, to make you aware of what we are up to and to help you see and find our products.
How to stop marketing messages from motorcyclespareparts.eu
You can stop receiving marketing messages from us at any time.
You can do this:
• Through your account settings
• By clicking on the ‘unsubscribe’ link in any email
• By contacting our Customer Care team
Once you do this, we will update your profile to ensure that you do not receive further marketing messages.
Your rights
You have a lot of rights relating to your personal information:
• The right to be informed about how your personal information is being used
• The right to access the personal information we hold about you
• The right to request the correction of inaccurate personal information we hold about you (although you can probably do most of this through your MSP My Account
• The right to request that we delete your data, or stop processing it or collecting it, in some circumstances
• The right to stop direct marketing messages, which you can do through MSP My Account, and to withdraw consent for other consent-based processing at any time
• The right to request that we transfer or port elements of your data either to you or another service provider
• The right to complain to your data protection regulator - The UK, The Information Commissioner’s Office
• The right to complain to your data protection regulator - All other EU countries, The Dutch Data Protection Authority
If you want to exercise your rights, have a complaint, or just have questions, please contact us.
info@motorcyclesparespareparts.eu
Changes to how we Protect Your Privacy
We may change this page from time to time, to reflect how we are processing your data.
If we make significant changes, we will make that clear on our site or by some other means of contact such as email, so that you are able to review the changes before you continue to use our service.
13.2 Webtracking
On this website information about the surfing behaviour of website visitors is collected anonymously and stored for marketing purposes. These data are stored using so-called ‘cookie’ text files on your computer and allow us to analyse surfing behaviour in an anonymous way. For example, from which city a website visitor comes, what type of browser and operating system he uses, and which pages he has visited on the website. In no case may the data thus collected be used to personally identify the visitors to this website. The collected data are only used to increase what we offer. For this reason all IP addresses are abbreviated, so that IP addresses are only processed in anonymous form. No other use or disclosure to third parties takes place.
