1. Terms of sale, delivery and payment
Provider and contractual partner
Your contractual partner for all orders on our website is:
Emilio's Old Motorcycles
Oudediesestraat 29
3473 Waanrode
Belgium
Е-mail: info@emilios.be
Web: www.Emilios.be
VAT number: BE0782869281
District Court of Leuven
2. Scope and subject of the agreement
2.1. The following Terms and Conditions apply to account registration and all purchases of goods by the end customer ("you") via the Emilio's Old Motorcycles online shop.
2.2. These Terms and Conditions constitute the only valid contractual relationship between you and us. Your own Terms and Conditions do not become part of this contract, even if we have not explicitly opposed their inclusion.
2.3. These Terms and Conditions are available at any time on the Emilio's Old Motorcycles website and can be printed and downloaded
3. Registration
3.1. Registration is required to make purchases in the webshop. Registration is possible in the context of placing an order, but can also take place independently of this. After successful registration, we will set up an account for you, with which you can manage your customer data, such as the delivery address, yourself.
3.2. Registration is only possible for individual natural persons of age and fully legally competent (and not for families or couples, for example), legal entities and partnerships. This condition also applies to placing orders. When someone registers for a company as a user, the person who registers ensures that she/he is authorized to represent the company.
3.3. When registering your account, you must provide your name, your billing and delivery address, telephone number and e-mail address and choose a password (hereinafter: access data).
3.4. You give a binding agreement for the conclusion of the agreement through the registration, as soon as you send the completed registration form. Prior to the final submission of the registration form, you will be shown a summary of the information you have entered. You can correct entry errors by navigating back through the browser and changing the entered data in question.
3.5. In response to complete registration, we will send you a greeting email. The account registration will be closed by your receipt of this e-mail.
3.6. You warrant that the information provided by you at the time of registration is true and complete. If you provide incorrect or incomplete information, we reserve the right to terminate and delete your account with immediate effect. You undertake to inform us of any future changes to the data provided to us during registration, unsolicited and without delay.
3.7. The account can be canceled on the basis of paragraph 12. Your personal data will then be deleted immediately, insofar as we are no longer allowed or required to store it due to legal provisions. The details about this can be found in our Privacy Statement.
3.8. Under no circumstances are you entitled to pass on your access data and, in particular, your password to third parties. If third parties nevertheless gain access to your account or if you have other suspicions that your account is being misused, you must inform us immediately and change your access data.
3.9. There is no entitlement to registration and participation in the online shop. It is not allowed to register more than once on Emilio's Old Motorcycles.
4. Conclusion of a purchase agreement
4.1. The conclusion of a contract for the purchase of a product is carried out as follows:
4.1.1. To start an order, you must first click on the desired item with the corresponding button to place it in the shopping cart.
4.1.2. Before the order of the contents of the shopping cart is finally sent, you will be shown the entire contents of the order again. You can then also change your order. Before the order of the contents of the shopping cart is finally sent, you will be shown the entire contents of the order again. You can then also change your order. Your orders will be stored after conclusion of the contract, but can no longer be viewed by you after the order process has been completed. Therefore, carefully check the order before clicking the "checkout" button.
4.1.3. For payment methods that are not linked to a direct payment by you, you submit a binding offer to conclude a purchase contract by clicking on "checkout" in your filled shopping cart. The placement of the products in the online shop by us does not yet constitute a binding offer to conclude a contract. We confirm receipt of the order by e-mail. This confirmation e-mail does not yet constitute acceptance of your offer. The purchase contract is only concluded with the confirmation of the shipment.
4.1.4. For payment methods that are linked to direct payment by you, our offer already exists when the products are placed on Emilio's Old Motorcycles. You accept this offer before concluding a purchase contract by clicking the "Checkout" button in your filled shopping cart.
4.2. You can print your order details immediately after your order has been shipped. If you want to review the documents of your order, please contact us by e-mail or telephone. We would like to send you a copy of the information about your order.
4.3. Changes to an order are possible before the order has left our warehouse and has been handed over to a shipping company (i.e. before issuing a shipping number and sending the shipping confirmation by e-mail). Your legal warranty and right of withdrawal remain unaffected by this.
4.4. We also reserve the right to withdraw from the contract if the goods are not in stock at a carefully selected and reliable supplier without fault on our part. (Reservation of own delivery). In such a case, we undertake to inform you immediately of the unavailability of the goods and to immediately refund any payments made.
5. Shipping and Delivery
5.1. Delivery costs within Belgium:
For orders with a total value of less than 150.00 €, the shipping costs are already stated. With a total order amount of € 150.00 or more, shipping is free (except for shipping abroad or special shipments - bulky goods and tires).
When using payment methods such as credit card or bank transfer, no additional transaction costs will be charged.
Shipping outside Belgium:
The stated shipping costs for shipping abroad are independent of the value of the order and you are obliged to pay them
Extra costs for bulky goods:
The following items are considered voluminous goods:
battery, catalytic converter, manifold, silencer, sports exhaust, door sill, fender, fuel tank, side wall, spoiler, trailer coupling, front panel, engine cover, bonnet, engine block insulation and bumpers.
Shipping costs of the above defined large goods within Belgium as stated.
1) A surcharge for voluminous goods is charged for the shipment of a manifold, catalytic converter, muffler and sports exhaust.
2) A surcharge for bulky goods will be charged for the shipment of battery, mudguard, door sill, fuel tank, side wall, spoiler and bumper carrier.
3) For front panel, trailer coupling, engine cover, hood, engine block insulation and bumper, a surcharge for voluminous goods will be charged for shipment within Belgium.
Additional shipping costs for goods to other countries:
Germany
France
Italy
Luxembourg
The Netherlands
The surcharge for voluminous goods applies per item.
NB: Shipment of bulky goods to other countries not mentioned in this list is not possible.
All mentioned prices include the statutory VAT, currently 21%
Delivery times:
Available
The item is in stock. Items with this status will be shipped within 1-2 business days after payment is received.
Not available
The item cannot be ordered: it is no longer in stock or has been removed from the range. You can order a similar item from another manufacturer.
The delivery time depends on the availability of the product. Please check availability on the relevant product page. Information about possible customs surcharges can be found here
No delivery on legal holidays.
5.2.Right of withdrawal
The provisions of this article only apply to Customers who purchase articles online in their capacity as consumers. The consumer has the right to withdraw from the agreement within a period of 14 calendar days, unless otherwise specified, without giving reasons, given that the right of withdrawal applies to the good or service ordered by the customer. To exercise the right of withdrawal, the Customer must inform the seller in good time of his decision to withdraw from the contract by means of an unequivocal statement (e.g. in writing by post or e-mail). The Customer must immediately return or hand over the goods after its decision to withdraw from the contract. The direct costs of returning the goods will be borne by the Customer unless otherwise agreed. If the returned product has diminished in value in any way, the right to hold the Customer liable and claim damages for any decrease in value is maintained. Only articles that are in the original packaging, together with all accessories, instructions for use and invoice or proof of purchase can be taken back. In the event that the contract includes the provision of services and if the Customer has requested that the provision of services begin during the withdrawal period, the Customer shall pay an amount that is proportional to that at the time when he informed us that he the agreement revoked has already been delivered, compared to the full performance of the agreement
6. Transfer of risk, transport risk - for corporate customers applies:
The risk of accidental loss and accidental deterioration of the object passes to you upon shipment of the object, as soon as the object is handed over to the person who carries out the transport resp. once the goods have left our warehouse for dispatch. The decisive factor is the event that occurred first.
7. Receiving goods/transport damage
7.1. We use parcel services, among other things, to ship your order. Should a delivery ever reach you damaged, we request that you do the following: As far as possible, point out the damaged goods to the courier's employees and document the extent and extent of the damage. Your warranty rights are not limited or affected by this.
7.2. You can refuse to accept damaged goods. We request that you contact us in the event of delivery of a damaged item by telephone, e-mail or personally to the addresses already mentioned. In this way you help us to assert our claims against the parcel service and at the same time improve the service to you.
8. Prices and Payment Methods
8.1. We offer you various payment options for payment of the purchased goods. Payment options can be found on the product pages.
8.2. All prices quoted are expressed in euros and, unless stated otherwise, include VAT. If delivery, reservation or administrative costs are charged, this will be stated separately. The indication of price refers exclusively to the articles as described verbatim. The accompanying photos are decorative and may contain elements that are not included in the price.
Despite the fact that the online catalog and the e-commerce webshop are compiled with the greatest possible care, it is still possible that the information provided is incomplete, contains material errors or is not up-to-date. Obvious mistakes or errors in the offer are not binding. The seller is in no way liable in the event of manifest material errors, typesetting or printing errors. If the Customer has specific questions about, for example, sizes, colour, availability, delivery time or delivery method, we request that the Customer contact our customer service in advance. The offer is always valid while stocks last and can be adjusted or withdrawn at any time. The seller cannot be held liable for the unavailability of a product.
All prices quoted are ex warehouse including packaging and excluding all shipping and cash on delivery costs.
8.3. The price of the item is valid at the time of order and is stated in the order confirmation, which you receive by e-mail immediately after the order. When articles are saved in the shopping cart, the total price is updated to the current daily price during the ordering process.
8.4. In the case of purchase agreements between you and us, the total amount including shipping costs is payable immediately. You agree to receive bills in electronic form only.
8.5.1. Credit card:
After choosing a credit card as the payment method, click on «buy». You will then be forwarded to a secure page where you can select your credit card type. Finally, you must enter the correct credit card information and confirm the payment. The amount will be debited from your credit card upon completion of the order.
8.5.2. Bank transfers:
Transfer the total amount to be paid to the specified bank account number. Make sure to enter your customer number and reference number, which you will receive by email. The order will be shipped immediately after receipt of payment. Keep in mind that a bank transfer takes 3 business days, which causes shipping delays. In the event that we do not receive payment to our bank account within 14 working days, the order will be automatically cancelled.
8.6. Please note that for a secure payment, the necessary identity documentation, information about your bank account / credit card and verification of the delivery address may be requested. This is solely for the sake of your security, whereby the data is sent via a secure connection and is not passed on to third parties. In this case, the processing time of an order may be extended. If the requested information is not provided, the order will be canceled and the costs refunded to the same means of payment that you chose when ordering. In such a case, the goods will not be shipped and the offer made by you will be considered rejected.
9. Overdue Payment/Right of Withholding
9.1. If your payment is overdue, we reserve the right to charge you reminder costs for necessary reminders, unless you can prove to us that no reminder costs have been incurred for us at all or that they are significantly lower than the applicable reminder costs. The reminder costs are per reminder. You will not be charged any costs for the first reminder
9.2. In addition, we are entitled to charge interest of five (5) percentage points in the event of overdue payment from consumers and nine (9) percentage points from companies above the base interest rate applicable at that time.
9.3. The assertion of further damage due to the overdue payment is not excluded by the assertion of reminder costs and/or the levying of interest.
9.4. You can only assert a set-off or a right of retention against our claims if your counterclaim is undisputed, there is a legally valid judgment or the counterclaim is reciprocal to the claim in question.
10. Retention of Title
10.1. In order to secure our claim against you in connection with the purchase price, we reserve title to all items delivered until the purchase price has been paid in full.
10.2. You are obliged to handle the goods subject to retention of title with care.
10.3. The goods subject to retention of title may not be pledged to third parties or transferred to others in order to secure them before full payment of the secured receivables. You must inform us immediately in writing if and to what extent goods belonging to us are made available to third parties.
10.4. If you are an entrepreneur, the following also applies:
10.4.1. We reserve title to all delivered objects until full payment of all our current and future claims from the purchase contract and from an ongoing business relationship with you ("secured claims").
10.4.2. If the recoverable value of our collateral exceeds the secured receivables by more than 10%, we are obliged to release the collateral at your request. We make the choice of the collateral to be released.
10.4.3. The processing or transformation of the delivered goods by you is always done for us. If the delivered goods are processed with other objects that do not belong to us, we acquire co-ownership of the new object in proportion to the value of the delivered goods (final invoice amount incl.sales tax) to the processed objects at the time of processing. The same applies to the object created by processing as to the goods delivered subject to reservation.
10.4.4. If the delivered goods are inseparably mixed with other objects that do not belong to us, we acquire co-ownership of the new object in proportion to the value of the delivered goods (final invoice amount incl. sales tax) to the other processed objects at the time of mixing. If the mixing has been carried out in such a way that your object must be regarded as the main object, then it is agreed that you will transfer co-ownership to us proportionally. You keep the resulting sole or co-ownership for us.
11. Term, Blocking and Termination of the Account
11.1. The contract for the registration of your account is concluded for an indefinite period.
11.2. You can cancel the contract for the registration of your account at any time with immediate effect.
11.3. We may legally terminate the account registration contract with two weeks' notice.
11.4. The right to immediate termination for serious reasons remains unaffected. In particular, we may terminate the account registration contract with immediate effect if:
- you provide incorrect or incomplete information when registering,
- you repeatedly breach other contractual obligations and do not neglect the breach of duty even after request by us.
11.5. When we have canceled the contract, you are not entitled to set up a new account, not even under a different name or a different term.
11.6. Any cancellation must be made in writing. Cancellations by e-mail fall under this.
12. Warranty
12.1 Pursuant to the law of 21 September 2004 on the protection of consumers when selling consumer goods, the consumer has legal rights. This legal guarantee applies from the date of delivery to the first owner. To invoke the warranty, the Customer must be able to present proof of purchase. The (commercial and/or legal) guarantee never applies to defects that arise as a result of accidents, neglect, falls, use of the article contrary to the purpose for which it was designed, non-compliance with the instructions for use or manual, adjustments or changes to the item, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.
12.2 The item must be in its original packaging and unopened and unused for the warranty to be fulfilled.
13. Checking dimensions/fitting accuracy
We would like to point out that, despite all due care, in some cases the wrong goods may be delivered. You are therefore obliged, prior to mounting a purchased object, to check on sight by comparison with the replaced original part whether the ordered part is the right part for your vehicle (for example, the correspondence of drill holes and connections). If the purchased part deviates visibly in its dimensions, shape or material from the original part to be replaced, you must first contact us for further clarification before mounting or modifying or transforming (e.g. painting) the purchased part. Your warranty claims are not affected by this arrangement.
14. Manufacturer's Warranties
If there is a special warranty from the manufacturer that you can claim in addition to the warranty, this will be stated in the relevant product description. This warranty only applies to the relevant product; your claims are subject to the respective warranty conditions of the manufacturer and exist exclusively against this manufacturer.
15. Seller's Liability for Damages
15.1. We bear unlimited liability for intent and gross negligence as well as for damage caused by injury to life, limb or health.
15.2. In cases of minor negligence, we are liable in the event of a breach of an essential contractual obligation. A material contractual obligation within the meaning of this paragraph is a duty, the fulfillment of which is only made possible by the performance of the contract and on the fulfillment of which the contractual partner may therefore regularly rely.
15.3. We are not liable in the case of paragraph 16.2 for lack of economic success, lost profit and indirect damage.
15.4. Liability in accordance with Section 16.2 herein is limited to typical and foreseeable damage at the time of conclusion of the contract.
15.5. The limitation of liability applies accordingly in favor of our employees, authorized representatives and agents.
15.6. Any liability for guarantees given by us and for claims based on the (Belgian) law on product liability remains unaffected.
15.7. In other cases, liability on our part is excluded.
16. Online Dispute Resolution: Art. 14(1) VO 2013/524/EU on online dispute resolution for consumers
For the settlement of online disputes, the European Commission provides a platform that can be found at https://ec.europa.eu/consumers/odr/. In principle, our company is neither willing nor obliged to participate in a settlement procedure before a consumer arbitration board.
17. Consumer Arbitration:
Belgian law applies. The courts of the seller's place of residence have jurisdiction in the event of legal disputes. The Seller can also turn to the
ODR platform
18. Final Provisions
18.1. The law of Belgium applies to this contract, to the exclusion of UN sales law. This does not apply to consumers with regard to those provisions which, according to the law, which would be applicable without that clause (i.e. generally the country where the consumer has his main residence), are mandatory and which may not be waived by contract. deviated.
18.2. The exclusive place of jurisdiction for all disputes based on or in connection with this contract is in Belgium, provided that the contracting parties are merchants or do not have a general place of jurisdiction in Belgium or in another EU Member State, or your permanent place of residence and place of residence has been moved abroad after the entry into force of these terms of use or the place of residence resp. the normal place of residence is not known at the time of filing the complaint.
18.3. We are entitled to change or adapt these terms and conditions for the future during the term of the contract, if this becomes necessary for compelling reasons such as changes in laws or case law. We will make the amended terms and conditions available to you in text form, in particular before the planned effective date, and inform you of the new regulations and their effective date. At the same time, we will give you a reasonable period of at least four (4) weeks to declare whether you accept the changed terms of use for further use of the services. If no statement is received from you within this period, which starts from receipt of the text message, the changed terms and conditions will be deemed to have been agreed. We will point out in particular the legal consequences of this at the beginning of the period, i.e. the right to object, the period for objecting and the meaning of not responding. This change mechanism does not apply to changes of the main contractual obligations of the parties.
18.4. The legal invalidity of individual provisions does not affect the remaining provisions.
18.5. The language of the agreement is Belgian Flemish.
Privacy policy
The seller reserves the right to collect data from the user for internal use only, both directly through the collection of the data provided by the user at the time of the order and indirectly (e.g. through the use of cookies, which short data strings on the computer of the user of the site that allow the seller to optimally adapt the content and layout of the site to the user). This data will not be passed on to organizations that have a contractual relationship with the seller connected. In accordance with the law of 8 December 1992 on the protection of privacy with regard to personal data, the user has the right at all times to view, modify, correct and have this data removed if he no longer wishes to receive information about our activities. To this end, they can contact the seller's customer service in writing.