1.The "Seller":
This refers MXBIKE & QUAD whose registered office is at 4633 Rue du champs de courses MELen , Belgium, and known as CBE number 0568586284
"Product": This term refers to a product sold by MXBIKE & QUAD through the Site. www.mxbikequad.com
- The "Buyer": This term refers to any person wishing to acquire or have acquired a Product on the Site.
- The "Site": This term includes www.mxbikequad.com the website and all applications for mobile phone and / or tablet for access to the sale of the product.
2. Contract and scope of the general conditions
The purchase agreement is established after acceptance of the order by the Seller. If the Seller can not execute the command (for example when a product is out of print), the Seller is know as soon as possible. The Buyer shall, however, claim any form of compensation.
These Terms and Conditions apply, without restriction or reservation to all sales made by Seller to Buyers, desiring acquire the products offered for sale by the Seller on the Site.
These conditions apply to the exclusion of all other conditions. These General Conditions are accessible at any time on the website and www.mxbikequad.com prevail, if any, over any other version or any other contradictory document or unilateral.
Unless proved otherwise, the data recorded by the Seller constitute proof of all transactions.
Products on the Site are offered for sale for the following territories: Belgium
The products offers are within the limits of available stocks. The information on the availability of products are provided when placing the order.
Changes to these General Terms are binding on users of the Website after they are posted online and can not apply to transactions concluded before.
The validation of the order by the Buyer is acceptance of these Terms and Conditions.
3. Reservation of ownership - Transfer of ownership - Transfer of risk
As long as the Buyer has not paid the total price of the ordered products, they remain property of the Seller.
The transfer of ownership of the Seller's products for the benefit of the Purchaser, will occur only after full payment by the latter and regardless of the date of delivery of the Products.
However, the transfer of risk of loss and deterioration of the Seller's products will be realized from the moment the products leave the Seller's warehouses.
4. Delivery
Products purchased by the Purchaser will be delivered in Belgium within eight days from the day after the day of the order to the address specified by the Buyer when ordering on the website. This period is not a strict deadline. In case of non-compliance thereof, the Purchaser may not derive any rights or claims. Except in cases of force majeure or unavailability of one or several Products, Products ordered will be delivered at once. Deliveries are made by an independent carrier.
Delivery is deemed made upon delivery of the Products ordered by the Seller to the carrier and as soon as these have been accepted without reservation by the carrier. The Buyer is therefore recognizes that it is up to the carrier to make delivery and the Buyer has no warranty claims against the Seller in the event of failure to deliver Products transported.
The carrier is not a deliveryman. He does not go upstairs. Files the package at the door
the building where the product is to be delivered. The Buyer must always check the package in the presence of the carrier.
This check is considered to be made as soon as the Buyer, or a person authorized by it, signed the delivery note.
In case of special request of the Purchaser relating to packaging or transportation conditions of the ordered products, duly accepted in writing by the Seller, the costs of this application will be subject to additional specific billing charge of the Buyer.
Buyer must verify the state of the delivered products. It has a period of 5 days from delivery to formulate by email or mail any reservations or claims for non-compliance or defect of Products delivered with all supporting documents relating thereto.
After this time and failing to comply with these formalities, the Products will be deemed compliant and free from defect and no claim may no longer be validly made by Buyer and accepted by Seller.
5. Prices
The offers and prices are valid for a period stated in our catalog or website. Prices are VAT included. Prices are not subject to revision during their period of validity.
Prices do not include processing fees, shipping, transportation and delivery will be charged extra.
6. Payment options
The Seller accepts payment by PAYPAL transfer or cash for withdrawals on our premises only.
7. Right of withdrawal
The Buyer, if he acts as a consumer, has, pursuant to Article 47 of the Law on market practices and consumer protection, a withdrawal period of 14 working days the day following delivery of the Products to return them to the Seller at end of exchange or refund, provided the products are returned in their original packaging and in perfect condition within 14 days from the day after the day of delivery. Damaged items, soiled, used or incomplete will not be accepted.
The direct cost of return will be the sole responsibility of the Buyer.
The return of products must be accompanied by a return form, available on the Site, and invoice.
The exchange (subject to availability) or refund will be made within 15 days of the receipt by the Seller, articles returned by the Buyer. 8. Vendor Liability - Warranty
Products supplied by the Seller benefit in accordance with legal provisions:
- The legal guarantee of conformity;
- The legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the delivered products and making them unfit for use, except in the case of a latent defect which the Seller had no knowledge;
- Manufacturer Warranty, depending on products and brands concerned.
All warranties are excluded in case of misuse, neglect or lack of maintenance on the part of the Buyer, as in the case of abnormal wear well, accident or force majeure and the guarantee of the Seller is limited to replacement or reimbursement of non-conforming products or affected a vice.
To assert his rights, the Buyer shall, on pain of forfeiture of any action relating thereto, notify the Seller by registered letter with acknowledgment of receipt, of the existence of defects within a maximum of 10 days of their discovery.
The Seller judged replace defective products. Products sold on the Site comply with the regulations in force in Belgium. Seller's liability shall not be incurred in case of non-compliance with the legislation of the country in which the products are delivered, it is the Buyer to verify.
Photographs and illustrations accompanying the products on the website have no contractual value and does not therefore engage the Seller's liability.
Buyer is responsible for the choice of products, their conservation and utilization.
The Seller will not be held responsible for faulty or any delay or failure in the occurrence of a force majeure usually recognized by the courts.
8.1 Restriction on conventional warranty.
The battery is not considered in the guarantee (for all products). Buyer must charge the battery before first use otherwise the battery will lose 60% of its capacity and will require a change in the weeks ahead. The wear parts like brake pads, tires are not taken as collateral.
The chassis of unlicensed vehicles are not guaranteed, misuse like two wheels, jump or overweight compared to a child whose use is initially intended would cause an unsupported degradation. Warranty is excluded for any damage from wear or foreign causes to intrinsic qualities of the product.
The warranty is excluded for all unlock and edit detail
technical "builder" of the product.
8 Machine Warranty (Dirt bike, pit bike)
NOT APPROVED ON PUBLIC VOICE, use only on closed private circuit.
Product not approved:
Mini-motorbikes 50cc, 70cc, 88cc, 125cc, 138cc, 140cc, 145cc, 150cc, 250cc and unregistered Quads that are guaranteed against manufacturing defects, vices against all caches for 3 months for the motor section. The chassis is not guaranteed. The guarantee is the exchange of defective parts or rehabilitated, to the exclusion of labor costs work, back, packing. The application of the warranty can be extended term effect. It can also lead to a resumption of the device, has a partial refund or other compensation in any capacity whatsoever. The responsibility of the manufacturer is not found engaged and the guarantee is not applicable in the case of faulty installation, unsuitable, not in accordance with standards, or rules of art, and in the case of abnormal use, lack of maintenance or improper maintenance,
8.2 Warranty Performance
Defective parts supported by the guarantee must be returned within Seller warehouses for validation of the defect of the latter.
The shipping costs are borne by the Buyer, the cost of returning the changed or repaired parts are also borne by the latter.
Return applications of defective parts will be processed quickly, but the time can be extended within the constraints imposed by the manufacturer, the wholesaler or manufacturer.
No any delay can not give rise to penalties or damages when selling or after-sales service.
9. Protection of Privacy
In accordance with the Law of 8 December 1992 on the protection of privacy, it is reminded that personal data requested to the Buyer is required to process the order and preparing invoices, among others.
The Purchaser has, in accordance with Article 12 § 1 of this Act a permanent right of access, modification, rectification and opposition with regard to information about it.
10. Intellectual Property
Site content is the property of the Seller and its partners and is protected by Belgian and international laws on intellectual property.
Total or partial reproduction of this content is strictly prohibited and may constitute copyright infringement.
In addition, the Seller and its partners retain ownership of all intellectual property rights on the studies, drawings, models, prototypes, etc., made (even at the request of the Purchaser) for the provision of services to 'Buyer. The Buyer is therefore prohibited any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, prior written Seller who can package a financial consideration.
11. Governing law and jurisdiction
The Belgian law is applicable to the purchase agreement. Only the courts of Brussels are competent to resolve any disputes arising under the purchase contract.