KGL Racing- General terms and conditions of sale webshop
These sales conditions apply to all sales agreements between KGL Racing and the customer. Deviations from these general terms and conditions of sale can only be made by means of a written document, signed by KGL Racing and the customer. These general terms and conditions of sale completely exclude all general terms and conditions stated in documents originating from the customer, even if these documents are of more recent date. KGL Racing reserves the right to change and/or supplement the general terms and conditions at any time for future orders without personally informing the customer and without the latter being able to claim any compensation.
1. Identity of KGL Racing
KGL Racing
Kleine Vinnestraat 7
3803 Duras (Sint-Truiden)
Belgium
TEL: +32(0)11184822
VAT: BE.0534.916.002
2. Order and pick up at a KGL Racing store
When the customer orders an article from the webshop and chooses to collect it from a KGL Racing store in Belgium, the customer will be informed when he can collect the article.
The customer has 14 calendar days right of withdrawal (see point 9).
KGL Racing is entitled, if the goods have not been collected by the customer after two electronic messages or e-mails, at the latest within the period of 1 month, to cancel the order or to consider the agreement dissolved.
3. Ordering and delivery on site
The delivery to the customer is made - after receipt of payment - to an address chosen by the customer. The customer has 14 calendar days right of withdrawal (see point 8).
In case the delivery of the ordered goods is delayed, KGL Racing reserves the right to change the sales price. This sales price will be changed if the purchase price, taxes, duties or levies payable by KGL Racing have changed between the date of acceptance of the order and the date of the scheduled delivery.
4. Price
Unless stated otherwise in the agreement, the prices include VAT, Recupel and other taxes. Additional mandatory delivery, order or other administrative costs are not included and are stated separately.
All prices are in Euro/€.
All prices are based on Cash & Carry. Additional services (delivery, installation, financing, ...) are thus not included and products can only be delivered subject to payment of additional costs.
Articles purchased on the KGL Racing webshop are paid for by the customer before delivery. No delivery or order will take place as long as the full purchase amount is not paid. The price, including any delivery costs, must therefore be paid in full before delivery. A "distance sale" agreement is only concluded when an order has been handed over to the consumer or sent by e-mail to the e-mail address specified by the customer.
Promotions and special offers are only valid while stocks last. KGL Racing cannot be held liable for the consequences of typesetting or printing errors in prices or articles, deviations in images or interim changes in designs.
The payment of the online orders can be done through different online payment methods.
The electronic and paper gift vouchers can be used according to their period of validity from the date of issue. If the amount of the order is higher than the amount of the gift card or gift voucher, the customer must pay the difference. If the amount of the order is lower than the amount of your gift card or gift voucher, the customer will keep this balance in the form of a credit.
5. Terms of Delivery
The method of delivery is indicated in a confirmation e-mail to the customer. Depending on the available stock, the ordered products will be delivered.
Deliveries are carried out by different external partners, depending on the dimensions of the product(s) ordered and the services chosen by the customer.
Orders are delivered to the address specified by the customer at the time of his order.
Any visible defect in the product must be reported to KGL Racing within 2 days.
If the customer is not present at the time of delivery of products with small or medium dimensions, the carrier will leave a notice in the mailbox, indicating the local post office, so that the customer, after showing the ID, can return the product. can be picked up within 14 calendar days at the local post office.
5.1 Insured shipping
The customer can opt for insured shipping, with this option the package is insured against loss or damage up to an amount of 2500 euros.
If insured shipping is not chosen, the customer cannot claim compensation in the event of loss or damage of the package.
6. Delivery Time
The delivery times are not binding for KGL Racing and are purely indicative. They cannot therefore constitute an essential element of the sales contract.
In the event that the ordered items are no longer available for any reason, KGL racing will inform the customer by e-mail (to the address registered when ordering) or by telephone. If the items are temporarily out of stock, KGL Racing will ask the customer if he/she wants to wait until the items are available again. Unless the customer indicates this to be the case, KGL Racing will credit the amount paid for the items. A credit will be made as soon as possible and in any case within 28 days after notification of the non-deliverability by bank transfer. The customer ensures that his/her bank account details are known to KGL Racing.
7. Pick up in store
Products for collection are delivered to the customer's chosen KGL Racing store as a collection point. The products remain available for 14 calendar days, after which the order is cancelled. Internal link
8. Transfer of Ownership and Risk
The ownership of the delivered goods passes from KGL Racing to the customer after receipt or delivery of the goods to the customer and after full payment of the price. Contrary to Article 1583 of the Dutch Civil Code, the sold, delivered or installed goods remain the exclusive property of KGL Racing until full payment of the invoice.
As long as the sales price has not been paid, the customer is prohibited from pledging the goods or offering them in any way or using them as security. The customer is expressly forbidden to make changes to these goods, to make these goods immovable by incorporation or destination, to sell them or to dispose of them in any way whatsoever.
As long as KGL Racing, according to the provisions of this clause, has title to the delivered goods, the customer remains liable for keeping these goods in good condition. During this period, the customer alone will be liable for any loss or damage to the goods. The customer undertakes to insure the goods against all risks. The customer also undertakes to arrange the storage of the goods in such a way that any confusion with other goods is excluded at all times and they can always be recognized as being the property of KGL Racing. Any payment by the customer will first be deducted from the outstanding amounts due for goods that have been modified or sold by the customer in breach of this clause 5.
9. Right of withdrawal
The customer has the right to inform KGL Racing to cancel the purchase, without payment of a fine and without giving any reason within 14 calendar days from the day following the delivery of the article.
The right of withdrawal does not apply to legal persons or to products purchased by a natural person for professional use.
The right of withdrawal only applies to products that are still in their original and undamaged packaging, have been unused, have not been assembled, with accessories, instructions for use and invoice and proof of purchase, so that the goods are ready for resale.
The right of withdrawal also does not apply to items that are custom-made for the customer, that are personalised,
items on offer, discounted items and promotions or items delivered to order specifically for a particular model of motorcycle.
Products that would not be in this condition upon receipt by KGL Racing will remain available to the customer. Products that are returned later than 15 days after the day of delivery also remain available to the customer. The period of availability is 1 month, after which KGL Racing becomes the owner of the product.
In the event of exercising the right of withdrawal, the customer will return the products to KGL Racing by any means and at his own risk and expense. Shipments “postage paid by the recipient” and “cash on delivery” are refused.
The right of withdrawal does not apply to the following articles:
· Installed, used, soiled, damaged or incomplete items;
· Articles of which the packaging - or part of it - has been opened in such a way that they can no longer be sold as new;
· Audio and video recordings and computer software (GPS, CDs, DVDs, Blu-rays, VHS, Software, CD-ROMs, video games…), of which the seal has been broken;
Electronics of which it cannot be shown that they have been used or mounted (such as power modules, GPS devices, GPS trackers, drones, cameras, ...)
· Articles that have a clear personal character;
· Articles that can no longer be returned due to their nature;
· Items that are custom made for the customer, or that are personalised.
· Items on sale, discounted items and promotions
· Items specific to a particular motorcycle model or delivered to order.
The customer must exercise his right of withdrawal within 14 calendar days from the day following the day of delivery of the product, either by registered letter, by telephone or by e-mail and provided that the customer returns the products, within 15 calendar days from the day after delivery, in original packaging and undamaged packaging. The customer can also deliver the product to the reception of a KGL Racing store, without any costs.
When KGL Racing collects the articles, a transport cost will be charged.
If the right of withdrawal is exercised, the purchase price paid will be refunded within a period of 30 calendar days, using the same payment method as was used for the order. The costs charged by the credit companies or paypal are not refundable in case of cancellation or return of order.
10. Right to Dissolution
In case of insolvency of the customer or in case of outstanding debts, even in the context of previous agreements between the customer and KGL Racing, KGL Racing is entitled to suspend the performance of its obligations until full payment by the customer of all outstanding debts to KGL Racing. In the event that no payment has been made by the customer within 7 calendar days after the due date of any invoice, KGL Racing is entitled, by operation of law and without prior notice, to consider the agreement as dissolved, while retaining its right to claim interest and/or damages.
11. Claims
When the customer purchases demonstration products/showroom models, the customer will be presented with a document for signature, in which he declares to be aware of the visible damage or visible defects of such products indicated on that document. Such document will be co-signed by a representative of KGL Racing, and will constitute a waiver on the part of the customer of his right to still address KGL Racing or its transporter on the basis of the visible damage or defects thus established. The above provisions do not affect the statutory warranty rights of the customer, as also described in article 12 below.
12. Warranties
KGL Racing offers a 24-month warranty for defects in conformity, with this warranty period commencing on the date specified in Article 9.2. mentioned date. This warranty includes the repair or replacement of the defective item at no cost to the customer. Shipping costs are not covered by warranty and are always at the expense of the customer. However, if it turns out that the repair or replacement is not possible, would be disproportionate for KGL Racing or would cause serious inconvenience to the customer, KGL Racing undertakes, at the request of the customer, to offer the customer an appropriate price reduction. or, as the case may be, to dissolve the contract and refund the entire price, subject to return of the goods by the customer.
All claims for lack of conformity must be made in writing within 2 calendar months following the day of the discovery of the defect in question, under penalty of forfeiture of the right to make such a claim
Only the invoice, the receipt or the purchase receipt are valid as proof of guarantee for the customer with regard to KGL Racing. These documents must be kept and presented by the customer in their original version. The warranty period starts on the date stated on these documents. If the delivery to the customer has taken place before the invoice date, the date of delivery as stated on the delivery document applies.
This warranty does not apply to parts or accessories if the defect is the result of misuse, incorrect installation, external causes, ordinary maintenance or normal wear and tear.
This guarantee does not apply in the following cases (the list below is not exhaustive): in the event that a third party, who was not lawfully authorized by KGL Racing, has intervened or handled the goods; in case of damage caused by fire, water (flood) or lightning, accident, natural disaster; in case of damage caused by misuse, poor maintenance, abnormal use or any other use that is not in accordance with the instructions of the manufacturer or the seller.
The defective goods must be completely empty upon return. At the express request of the customer and insofar as possible, the objects blocked in the defective goods will be returned to the customer, insofar as they were stated on the repair note at the time of the return or delivery of the repaired or replaced goods. KGL Racing is in no way liable for the condition in which the blocked objects will be returned to the customer.
In the event of damage, theft or loss of the goods returned for repair, the eventual liability of KGL Racing towards the customer is in any case limited to the sales price of the goods.
If specific spare parts or accessories, necessary for the repair of the goods, are no longer available from the manufacturer, KGL Racing is not liable for the (partial or complete) loss of the usability of the goods, without prejudice to the other provisions of art.9 , more in particular art. 9.1.
When electronic devices are repaired, it is possible that the data stored in them or by them may be damaged or lost. The customer alone is responsible and liable for the retention of the aforementioned data or for reinstalling it, to the exclusion of any liability of KGL Racingi in this regard. KGL Racing has no liability whatsoever for the loss or reproduction of data stored in or by such electronic devices.
13. Internet Risks
The customer is aware of the limitations and risks of using the internet or any other medium with which the website is made available now and in the future. The customer is also familiar with the risks of digital or electronic storage and transfer of information. The customer accepts that KGL Racing is not liable for any damage caused by the use of the KGL Racing website or internet as a result of the aforementioned risks. The customer accepts that electronic communication and back-ups can serve as proof.
14. Applications for a refund of VAT paid.
All requests for recovery or reclaim of paid VAT on purchased goods, by non-EU residents or diplomats, as well as the review of the legal conditions for reimbursement, must be addressed exclusively to external specialized partners designated by KGL Racing. The customer accepts to comply with the applicable terms and conditions of these partners. More information about these partners on simple request.
15. General Provisions – Competent Courts
If one of the articles of these general terms and conditions should be invalid or void or should be declared null and void by a competent court, this will not affect the validity of the other articles of these general terms and conditions, which will then remain fully applicable. If one of the articles of these general terms and conditions should be invalid or void or should be declared null and void by a competent court, the parties will jointly replace this article with a valid article that is as close as possible to the initial intention of the parties.
All agreements concluded between KGL Racing and its customers and these general terms and conditions are exclusively governed by Belgian law. Any dispute regarding the existence, implementation and/or interpretation of these general terms and conditions and all agreements between KGL Racing and its customers fall under the exclusive jurisdiction of the courts of the district in which KGL Racing is located.
16. Age of consent or consent
By placing an order, the buyer declares to be of age or to have permission from an adult parent, caretaker or guardian. If the buyer does not meet this condition, KGL Racing reserves the right to suspend or discontinue delivery without further notice.
17. Intellectual Property
All texts, comments, magazines and illustrations and images displayed on the website are protected by copyright and related rights, as well as by any intellectual property right for the whole world. Any partial or total reproduction of the KGL Racing website or catalog is strictly prohibited.
Legal disclaimer
The Services, interfaces and facilities on or through this website and the other KGL Racing websites linked to it (hereinafter the Site and the Services) are offered to you subject to your acceptance of the terms and conditions set out below (hereinafter the General Terms and Conditions). Use of the Site or the Services implies your unconditional acceptance of all Terms and Conditions. If you do not accept any of the Terms and Conditions, you are requested not to use the Site and the Services.
The Site is created and operated by KGL Racing.
1. Special conditions and changes
Special terms and conditions may apply to certain parts of the Site or certain Services. The use of these parts or Services implies your unconditional acceptance of all special terms and conditions. In the event of a contradiction between the General Terms and Conditions and the special terms and conditions, the special terms and conditions shall take precedence.
KGL Racing can change the General Terms and Conditions and the special terms and conditions in whole or in part at any time and without prior notice. It is therefore recommended that you regularly consult the General Terms and Conditions and, if applicable, the special terms and conditions, in order to know the latest changes.
2. Use of the website
By using the Site and/or the Services, you agree to:
2.1 act responsibly, respecting the contractual and legal provisions and more specifically, without these examples being exhaustive, not to send illegal, threatening, hateful, vulgar, harassing or otherwise harmful messages or information;
2.2 not to violate or compromise the security of the Site or the Services, for example, without these examples being exhaustive: i) connecting or attempting to connect to secure areas without prior registration or permission or ii) do any act with intent to damage, destroy or interfere with the proper functioning of the Site, Services, network, software or hardware;
2.3 to treat all information exchanged during a registration on a secure area, in particular the passwords, as confidential and to inform KGL Racing if this information would be disclosed to third parties;
2.4 ensure that all information you provide to KGL Racing by any means and for any purpose is complete and correct and that you have the right to transmit such information;
2.5 act solely for personal and private purposes and never transmit commercial or advertising information or unsolicited electronic mail in any way without prior authorisation;
2.6 not to infringe the rights of KGL Racing or any third party. These rights include intellectual rights in the broad sense of the term, sui generis rights, rights relating to the protection of privacy and image rights.
Your use of the Site and/or the Services, including those secure areas that require you to register in advance, all information obtained directly or indirectly through the Site, and any information, confidential or non-confidential, that you communicate on the Site are your own risk and your full and exclusive responsibility.
3. Hyperlinks
The Site may contain hyperlinks that direct you to websites that are not owned by KGL Racing. Use of such sites is subject to the terms of use of the third party owners. KGL Racing has no control over these sites or the information they contain and can therefore not give any guarantee about the content and/or presentation of these sites. KGL Racing can therefore under no circumstances be held liable for direct or indirect damage, consequential damage or incidental damage resulting from or linked to their use. These links and resources are provided for your information only and do not imply any sponsorship, endorsement or affiliation with these sites.
You are not permitted to create hyperlinks on a website that direct visitors from the Site to another site, except with the prior written permission of KGL Racing
4. Intellectual Rights
KGL Racing is the owner of the content of the Site and of the logos, brands, databases, drawings, images, etc. appearing on it. KGL Racing reserves all and in particular the intellectual rights to all elements of the Site that are protected by intellectual property rights in the broad sense of the term (including, among others, copyright, trademark, industrial, image and sui generic law). The reproduction, representation, transfer, distribution and storage of these elements are prohibited, except with the prior written permission of KGL Racing.
You may view, browse and consult the Site and print short excerpts for personal and private use only. The fact that you are allowed to surf the Site does not mean that you have received a license to all or part of the elements protected by an intellectual right of which KGL Racing is the holder. You therefore have no right to these elements.
5. Liability of KGL Racing
The presentation and content are provided to you "as is". KGL Racing makes no express or implied warranties as to the accessibility of the Site or the Services, the accuracy of the data, the suitability for a particular purpose or the absence of viruses or other harmful elements. KGL Racing may also refuse access to the Site or the Services, including the secure areas, at any time and without prior notice. In no event shall KGL Racing be liable for any direct, indirect, consequential or incidental damages arising out of or in connection with (i) the use of the Site, the Services or information on the Site, (ii) the inability to use the Site or use the Services or (iii) refuse access to the Site or the Services. If the exclusion or limitation of KGL Racing's liability for damage would be contrary to the legal provisions, the liability of KGL Racing will be limited to the maximum permitted by law.
6. Violation of the General Conditions or the special conditions
Without prejudice to KGL Racing's general right to refuse access to the Site or the Services, including the secure areas, you undertake to compensate KGL Racing and any other third party for any direct or indirect damages that KGL Racing or a third party would suffer as a result of your actions/omissions, in particular in the event of a violation of the General Terms and Conditions or the special conditions of the Site.
7. Miscellaneous
If any clause of these General Terms and Conditions should be declared invalid or inapplicable in whole or in part, it will be deemed not to have been written and all other provisions of these General Terms and Conditions will remain fully valid and applicable.
The non-exercise or late exercise of a right arising from these General Terms and Conditions shall not be regarded as a waiver of that right. The non-exercise or partial exercise of a right does not preclude the subsequent exercise of that right or of any other right arising from the General Terms and Conditions.
The General Terms and Conditions and the special terms and conditions are governed by and interpreted in accordance with Belgian law. All disputes relating to the General Terms and Conditions are subject to the exclusive jurisdiction of the courts of Brussels.
KGL Racing respects Belgian and European legislation on the protection of personal data and privacy. This website (the Site) and the other websites owned by KGL Racing are therefore designed and operated in accordance with the rules of the law.
1. Collected data and their use
When you visit the Site without registering in a secure area of the Site (for example, by logging in), KGL Racing does not collect any personal data. However, KGL Racing may record certain information (such as IP address) for statistical or administrative purposes or to improve the Site, without this information revealing personal data or identifying individual visitors. The personal data that you provide during registration on a secure part of the Site is kept by KGL Racing in its databases. By registering, you authorize KGL Racing to collect, record and use your personal information under the terms of this policy. Your data will only be used for the management of your file (fulfilment of orders, deliveries, invoicing, etc.) and will not be used for commercial or promotional purposes. During registration and each time you receive communications via email, you may opt-out of receiving electronic promotional communications in the future.
The data collected in this way will not be passed on to KGL Racing's suppliers or to other companies of the group of which KGL Racing is part.
2. Cookies
KGL Racing uses 'cookies'. These are information files that are automatically installed on your computer's hard drive when you visit the Site and that enable better use of the Site. This gives you the opportunity to use the Site in a personal way (for example, the cookies store your language preference or prevent you from having to re-enter your data each time you access control). The cookies also allow KGL Racing to examine how the Site is used. KGL Racing also collects statistical information in this way, which is not linked to your person, with which it can optimize the Site and the services.
The automatic installation of 'cookies' can be prevented by adjusting the configuration of your browser. However, KGL Racing would like to point out that refusing "cookies" may impair the performance of the Site.
3. Data Access, Correction and Questions
You can consult, change or supplement your registered data at any time, upon simple request.
Users cannot delete their account themselves and deleting accounts will not delete orders from that account. That is because KGL RACING is required by law to retain 7 years of historical data for tax reasons. The account will then be deleted within 30 days as mandated in the GDPR policy.
4. Changes
KGL Racing may change all or part of its personal data protection policy at any time and without prior notice. It is therefore recommended that you regularly consult this website to be aware of the latest changes.
