TERMS & CONDITIONS
Coxa Ltd, a company registered in the United Kingdom under number 08018614, whose registered office is located at Office 10, 10-12 Baches Street, London, N1 6DL, UK, makes available on its website www.bike-parts-kymco.uk a "Marketplace" allowing purchasers, individuals or professionals, after registration (hereinafter the "Buyers") to be put in relation with partner dealers (hereinafter the "Sellers") for the purpose to buy new genuine spare parts (hereinafter the "Items") offered through spare parts catalogues at a fixed price.
These Terms & Conditions of the "Marketplace" apply to any order of Items made by a Buyer from a Seller via www.bike-parts-kymco.uk. They are intended to govern the relations between the Sellers and the Buyers.
Coxa Ltd is not the Seller of the Items purchased through www.bike-parts-kymco.uk. Only the Seller, whose name is indicated, once registered, in the heading "Contact" or in the order form, is the co-contracting party of the Buyer for the purchase of said Items. Items cannot be returned to or exchanged by Coxa Ltd.
The Terms and Conditions may be modified or adapted at any time by Coxa Ltd. The applicable Terms & Conditions are those in force on the date of placing the order by the Buyer and are accepted in advance by a contract between Coxa Ltd and the partner dealer.
These Terms & Conditions may, if necessary, be supplemented by the terms and conditions of the partner dealer, in particular with regard to delivery times and costs, the return conditions, any commercial guarantees granted by the Seller, subject to abide by these Terms and Conditions.
CONCLUSION OF THE SALES CONTRACT BETWEEN THE BUYER AND THE SELLER
Any order placed through www.bike-parts-kymco.uk 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. Coxa Ltd 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-kymco.uk in a way that the Buyer is able to know their characteristics and their price. The spare parts are KYMCO 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 receives the order from the Buyer.
- The Seller agrees to confirm the order(s) of the Buyer within 3 working days after the payment validation.
- Once the order is confirmed by the Seller, an email is sent to the Buyer to confirm the processing.
The offers of the Seller’s Items are valid as long as they are visible on www.bike-parts-kymco.uk 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 assured that he will be refunded by the Seller.
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 KYMCO official price. It is mentioned in € (euros) 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-kymco.uk is made directly to the partner dealer who collects the funds.
The different payment methods are:
- Credit Card (Visa, Mastercard, Maestro etc.)
- Bank transfer (The bank details, are displayed during this choice of payment in the basket)
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 of retraction.
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). Items will be returned directly to the partner dealer whose contact details can be found in the "Contact" section.
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.
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-kymco.uk. 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-kymco.uk 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 KYMCO 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 KYMCO (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.
To view all the details about shipping and delivery please click here
Coxa Ltd cannot be held responsible and no compensation can be asked for delays in delivery of Items sold by partner dealers.
Coxa Ltd cannot be held responsible for interruptions, delays or unavailability of www.bike-parts-kymco.uk due to maintenance work, Internet network interruptions, technical failures, a case of force majeure, the fact of a third party or any circumstance whatsoever.
www.bike-parts-kymco.uk contains information from third parties, so Coxa Ltd makes no warranty as to the accuracy, precision or completeness of the information available on www.bike-parts-kymco.uk.
The responsibility of Coxa Ltd cannot be held liable for any occasional errors that may occur on www.bike-parts-kymco.uk.
YOUR PERSONAL DATA
Coxa Ltd collects personal data necessary for the management of the Buyer’s order.
The information and personal data of the Buyers relating to the processing of the order are transmitted by Coxa Ltd to the Sellers for the sole purpose of allowing them 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 laws of United Kingdom.
Any dispute that has not found an amicable solution will be subject to the jurisdiction of the United Kingdom 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: 19.10.2018
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