TERMS & CONDITIONS
CONCLUSION OF THE SALES CONTRACT BETWEEN THE BUYER AND THE SELLER
Any order placed through www.bike-parts-bmw.com implies the express and unreserved acceptance of these Terms and Conditions. The order will be valid and taken into account only after full payment of the total price of the Items and shipping costs indicated in the order form.
Every order requires the creation of an account for the Seller to process it. Once the account is created, the Buyer will have access to his account at any time via the "My Account" section. Access to this account is conditioned to the identification of the Buyer using the email address indicated when creating the account and the secret password sent in the "Welcome" email. The Buyer can then change his password at any time in the "My Account" section. Bike-parts-bmw.com cannot be held responsible for any action taken on the account by a third party to which the Buyer has communicated his login credentials or who has had access to the account due to negligence on the part of the Buyer.
The Buyer commits that the information provided when ordering is complete, accurate and up-to-date. The order can be shipped to a delivery address different from the billing address but the country must be the same.
- The Items are presented on www.bike-parts-bmw.com in a way that the Buyer is able to know their characteristics and their price. The spare parts are BMW genuine therefore identical to those mounted when the vehicle was new. For other Items the Buyer can view a description of it.
- The Buyer selects the Item(s) he wants to buy and adds it/them to the cart.
- The Buyer checks in detail his cart before accepting, by ticking, these Terms and Conditions.
- The Buyer commits to respect the sales contract when he clicks on the button "Pay"
- The Buyer will receive an email confirming the registration of his order with the summary and the number of the order.
- When the payment is validated, the Seller processes the order from the Buyer, who will receive a confirmation email.
The offers of the Seller’s Items are valid as long as they are visible on www.bike-parts-bmw.com and within the limits of available stocks. In the event of an exceptional unavailability of an Item after the Buyer has placed the order, the Seller shall inform the Buyer by using the contact details of the Buyer. If no solution is found, the order will be canceled and the Buyer is will be reimbursed by the Seller via the payment method initially used by the Buyer.
In the case where the same Item is the subject of an order by several Buyers at a time, and depending on the availability of this Item (Clearance Parts…), it will only be sold to the first Buyer who registers his order. Other Buyers will then be informed of the cancellation of their order by the Seller. However, only the sale contract of the unavailable Item(s) is subject to this cancellation.
PRICE & PAYMENT
The selling price of the spare parts is the BMW recommended retail price except for clearance parts or special offers. It is mentioned in £ (pounds) VAT included, shipping costs excluded. The shipping costs are added automatically and displayed as soon as the cart is viewed.
The fact for the Buyer to validate his order by clicking on the button "Pay" implies the obligation to pay the price indicated in the total of the cart.
Payment for orders made via www.bike-parts-bmw.com is made directly to the partner dealer who collects the funds.
The different payment methods are:
- Credit Card (Visa, Mastercard, Maestro etc.)
RIGHT TO RETRACT
In accordance with legal rights, as part of a purchase made from a Professional Seller, the Buyer has a period of fourteen (14) days from the receipt of the Item(s) to notify, to the Seller, his right to retract.
The withdrawal period runs from the delivery date of the Item(s) to the delivery address indicated by the Buyer, and in the absence of the receiver, from the date of first presentation of the package containing the Item(s). If a delivery to a Pickup point has been chosen, the withdrawal period runs from the day on which the Buyer is informed by e-mail and/or SMS of the delivery of his order in that Pickup point.
To exercise his right to retract, the Buyer must complete the form found in "My Account" section "My orders" click on "View order" on the line of the order concerned and then click on "Return request". By clicking on "Validate" the Buyer confirms his wish to exercise his right to retract on the ticked Item(s). When the Buyer clicks on "Validate" the Seller receives the request and will contact the Buyer to indicate the procedure to follow. The date on which the Buyer validates the return form will be the one chosen to respect the fourteen (14) day period of the right to retract.
The Buyer will have a period of fourteen (14) days following the confirmation of the Seller to return the Item(s). The Item(s) will be returned directly to the Seller whose contact details you can find in the "Contact" section or on the order form.
If the right to retract has been exercised within 14 days, only the price of the Item(s) purchased(s) and shipping costs will be refunded, the cost of return remaining the responsibility of the Buyer. In case of partial return of an order, the Seller will reimburse the Buyer for the amount of the shipping costs (one way) in proportion to the amount of shipping costs attributable to the relevant Item(s). The Seller is not obliged to refund the additional costs if the Buyer has expressly chosen a more expensive method of delivery than the standard delivery method proposed.
Attention, in the absence of parcel tracking and proof of delivery, if the returned parcel does not reach the Seller there will be no appeal. Also if no additional insurance is taken with the courier they will only compensate for the legal scale.
When returning, it is recommended to over-pack the original packaging of the Item(s), because only the Item(s) returned in their entirety (packaging, accessories, warranty coupons, manuals, covers, covers, protections, etc ...), with their original packaging, can be taken back. The return must be accompanied by a duplicate invoice. The refund or exchange assumes that the Item(s) has not been damaged or has not been returned incomplete. In the event that the Item(s) has arrived unpackaged or damaged to the Seller, he reserves the right to return it as it is.
A 25% restocking fee will apply to all returns on special order items, excluding errors on our part.
However, the cancelation right does not apply on electronic items which have been unsealed.
In accordance to legal rights, the Seller is obliged to refund the full amount paid, including postage, at the latest within fourteen (14) days following the date on which this right was exercised, by the same payment method used for the order. This refund date may be deferred until the Item(s) is/are retrieved or until the Buyer has provided the Seller with proof of the return.
COMPLAINTS & DISPUTES
At any time, the Buyer has the opportunity to contact the Seller, to send any request or claim relating to the Item(s) ordered using the contact form provided.
Disputes are settled directly between the Buyer and the Seller, if necessary by using the contact form or the contact details displayed in the "Contact" section made available to them on www.bike-parts-bmw.com. The Buyer and the Seller will make their best efforts to reach the amicable resolution of the dispute.
There is an online dispute resolution platform set up by the European Commission facilitating the independent, out-of-court settlement of disputes between consumers and professionals in the European Union in accordance with Article 14 of Regulation (EU) No 524/2013. The platform is accessible by clicking on the link below
The email address of the Seller is required on this platform, please click here to see it.
All the Items presented on www.bike-parts-bmw.com are covered by the legal guarantees of conformity and latent defects.
Where applicable, details of manufacturer’s guarantees or service arrangements will be provided with the Item(s). A manufacturer’s guarantee is in addition to, and does not affect, the legal rights in relation to Items that are faulty or not as described.
All guarantees are non-transferable and only apply for the original Buyer. Please note that, if the Item(s) is/are replaced during the guarantee period, the guarantee does not start again. The Item(s) will only benefit from the remaining period of the original guarantee. This does not affect the statutory rights if the Item(s) is/are faulty or not as described.
The Sellers are under a legal duty to supply goods that are in conformity with the contract.
If the guaranteed Item is already mounted on the vehicle and appears to have caused other malfunctions that have resulted in additional charges, the Buyer must contact the Seller and not disassemble the relevant Item.
The guarantee does not cover:
- Normal wear of the Item (variable depending on the nature of the Item)
- Defects and their consequences related to a Buyer error resulting from a use or installation not conforming to BMW specifications or from storage harmful to the good conservation of the Item
- Defects and their consequences related to the abnormal use of the vehicle on which the Item was mounted or not in accordance with the purpose for which it is intended (use of the vehicle on which the Item is mounted for the competition ...)
- Damage resulting from an external cause (accident, lightning, fluctuation of current ...)
In all these cases the Seller cannot be held responsible for the defect of the Item and any damage caused.
The guarantee is subject to expertise of the cause of non-compliance or defect invoked. Depending on the situation, this analysis will be carried out with BMW (disassembled and returned) or by an expert appointed by the Seller.
If all of the terms and conditions of the guarantee are met, the Seller will refund, replace or repair the Item without charge within a maximum of one month.
SHIPPING & DELIVERY
The Buyer can follow the progress of his order at any time in his account in the "My orders" section and will also receive an email at each stage.
Parcels are shipped with different carriers depending on the choice of the Seller, the size and weight of the package, the country of delivery, etc. The Buyer will receive an e-mail, on the day their order is dispatched, with the tracking number and the link to the carrier’s website so that they can track the parcel. This information will also appear in "My Account".
Shipping costs depend on the order, the size of the parcel, the weight, the carrier and the country where it is delivered. Shipping costs appear at any time in the basket and are automatically updated when an Item is added.
Additional shipping costs may be requested if the size or weight of the parcel exceeds the maximum limit. In this case, the Buyer will be informed by e-mail as soon as possible. The Buyer has the right to accept or refuse to pay these additional shipping costs. If the Buyer does not wish to pay additional shipping costs, the sales contract will be broken and the order will be canceled. The Buyer will therefore be reimbursed for the total amount of his order.
Once the Buyer has completed and paid for his order on www.bike-parts-bmw.com, processing will take between 1 and 3 working days.
The delivery time in United Kingdom is, on average, 5 to 10 working days for the Item(s) ordered. Delivery to other countries depends on the couriers.
If an Item is not available from BMW, an estimate of the delivery date will be communicated to the Buyer by email as soon as the Seller has the information. The Seller is not responsible for the delay of the Item which is not in stock at BMW. The quantity indicated does not mean that the Item is available.
Please note that there are no deliveries on Sundays and public holidays.
If Items in the same order have different delivery times, they will be shipped together. The delivery time is determined by the ordered Item with the longest delivery time.
Choice of delivery:
The Buyer has the option of choosing delivery from a Pick-up point when placing the order if the Seller offers this option. The Buyer must have a valid identity document to be able to collect his parcel at the Pick-up point.
The Buyer has 10 working days to collect his parcel. After this period, in case of return of the parcel to the Seller, the Buyer will be reimbursed the amount of the order, minus the costs of processing and sending the parcel both ways.
Checking the package upon receipt:
The delivery of the parcel can be made in a Pickup point against signature, at home in person (with or without signature) or directly in the mailbox of the Buyer.
Whatever the method of delivery of the parcel, the Buyer is held to check the state of the packaging as well as the contents of the parcel (damaged parcel, missing items, broken part etc.).
When the parcel is delivered against signature, the Buyer must note his reservations on the delivery slip and have the carrier or the Pickup point sign also (keep a duplicate of the document), and/or, if necessary, refuse the package.
If the parcel is delivered without signature, the Buyer must send his reservations to the carrier by registered mail, at the latest within three (3) working days of receipt of the package. In addition to this step, the Buyer must inform the Seller of the problem encountered as soon as possible.
After this period, the delivery will be deemed complete and the Item(s) delivered will be deemed free from any apparent defect. Consequently, the Seller will no longer accept any complaints due to missing items, damaged packages, broken parts, etc.
Of course, the Buyer retains the guarantee of conformity and hidden defects for malfunctions that would appear in use and that the Buyer could not detect at the time of delivery.
SHIPPING TO COUNTRIES NOT SUBJECT TO VAT
Bike-parts-bmw.com has no influence on the amount of customs duties or taxes to be paid in the country of delivery. None of these taxes are included in the total amount of the order. These taxes will be invoiced to the Buyer only at the time of the importation of the goods in the country of delivery and the Buyer will have to pay them upon receipt of the parcel.
The Seller cannot be held responsible for interruptions, delays or unavailability of www.bike-parts-bmw.com due to maintenance work, interruptions of the Internet network, technical breakdowns, a case of force majeure, the fact of a third party or any circumstance whatsoever.
YOUR PERSONAL DATA
Bike-parts-bmw.com collects personal data necessary to process the Buyer’s order.
The information and personal data of the Buyers collected when an order is made are used for the sole purpose to process and ship the Item(s) ordered. They cannot under any circumstances be used for other purposes.
The information sent in a request from the contact form is sent to the Seller so that he can respond to that request.
The Sellers undertake to ensure the security of the personal data that they keep for the needs of the management of the orders.
These Terms & Conditions are governed by and construed in accordance with the french laws.
Any dispute that has not found an amicable solution will be subject to the jurisdiction of the France courts.
If the Buyer’s habitual residence is located in a country of the European Union, the Buyer also benefits from the rights protecting him under the mandatory provisions of the law applicable in his country of residence.
These Terms & Conditions are available in English and various other languages. In case of doubt, the English version is relevant for the interpretation of the Terms & Conditions.
Last update: 15.04.2021