1 - General notes
These terms and conditions regulate the contractual relationship between the company Coniston S.à r.l., here below called the Vendor, whose company headquarters are located at 1/b Route d'Olm, L-8331 Capellen, Grand-Duchy of Luxembourg, and the purchaser, here below called the Purchaser who agrees to the terms and conditions set out below. Coniston S.à r.l. will only agree to be engaged under different conditions in writing. Placing an order implies full adherence to the following terms and conditions.
2 - Products
New motorcycles.
3 - Offer validity
The price specified in the offer does not constitute a binding agreement of sale as all offers are conditional upon the availability of stock. The acceptance of an order will only be confirmed - by email, fax or telephone - after the receipt of the order form submitted by the Purchaser and its subsequent validation by the Vendor.
4 - Unavailability
The Vendor will do his best to fulfill the Purchaser's requests and to carry out his orders. However, the Vendor is under no obligation to accept all offers and is under no obligation to carry out client orders should goods prove either temporarily or permanently unavailable.
5 - Offer price
The prices of bikes are given in euros and are inclusive of all taxes for goods collected from our premises.
6 - Order
Orders shall be placed by fax or email on the order form supplied by the Vendor to the Purchaser. No deposit should be made by the Purchaser upon placing an order. A deposit of approximately 10% will be required only for bikes not held in stock or to reserve a bike held in stock for a period exceeding the normal term of seven days.
7 - Methods of payment
We only accept the following methods of payment:
-bank transfer
-bank cheque (+30.- euros to cover our costs)
-cash on collection
We accept no cheques other than bank cheques. The outstanding balance will be paid by bank cheque or in cash on collection. In the case of bank transfers, the outstanding balance must have been paid into the Vendor's account prior to collection. No payment should be made prior to the Vendor's confirmation to the Purchaser that he has validated the order form, said order form which has previously been signed and returned by the Purchaser. (see 3 above).
Should collection be made by a transporter appointed by the Purchaser, the goods will only be released to the transporter after the Vendor has received full payment on his account. In the case of an arrangement for payment on delivery, the Purchaser is obliged to fax a copy of the bank cheque to the Vendor prior to collection, for a sum equal to the invoice price plus 130 euros administrative costs.
Bank cheques should be written to the order of:
Coniston S.à r.l.
1/b, route d'Olm
L-8331 Capellen
Grand-Duché de Luxembourg
R.I.B. for international bank transfers to the company's account:
Coniston S.à r.l.
Banque : Banque Fortis Luxembourg
Code BIC: BGLLLLULL
N° de compte IBAN: LU86 0030 8156 5112 0000
8 - Delivery
The delivery times given in the offer are for illustrative purposes only. Should the goods ordered be available at the Vendor's premises, they should be collected during opening hours. Should the goods be specially ordered, the Purchaser will be informed of their arrival at the Vendor's premises.
9 - Force majeure
In the event of force majeure or acts of God (natural catastrophe, epidemic, strikes, lock-outs etc.) the Vendor accepts no responsibility for late or unfulfilled deliveries.
10 - Complaints
In the case of delivery by transporter, the Purchaser is advised to unwrap and inspect the goods upon delivery and in the presence of the transporter and to record any damage on the delivery receipt prior to signing it. Should the goods show any sign of damage at the time of delivery, the client must refuse to take them and indicate clearly his reasons on the delivery receipt. The description of damage on the delivery receipt must be counter-signed by the transporter.
The delivery receipt should never be signed without unwrapping and inspecting the goods. Any subsequent complaints will be rendered invalid should the delivery receipt be signed without prior checking of the goods.
Damage in transit, invisible upon first inspection, must be communicated to the Vendor by Registered Letter within three days of delivery.
11 - Transfer of property
Whatever the estimated date of delivery, the transfer of property of the merchandise to the Purchaser will only take place after full payment of the invoice has reached Vendor's bank account.
12 - Order cancellation
The Vendor will accept the cancellation of orders only in the case of delays greater than fourteen days beyond the estimated delivery date given on the order form. After this date, and ten days after the receipt of a Registered Letter to this effect, the contract between the two parties will be deemed terminated. The cancellation of the order will give the Purchaser the right to a full reimbursement of any money paid. No further compensation will be granted.
On his part, the Purchaser undertakes to take collection of goods from the Vendor's premises within a fourteen day period following the estimated delivery date given on the order form. In the case of collection by transporter, the Purchaser undertakes to make payment in full of the sum invoiced to the Vendor's account by bank transfer, or to have faxed a copy of the bank cheque intended for payment, within the fourteen day period following the estimated delivery date given on the order form. After this period, and ten days after the receipt of a Registered Letter to this effect, the Vendor reserves the right to cancel the order and to retain any deposit paid by the Purchaser.
13 - Guarantee
Bikes produced to European specifications come with a standard maker's guarantee according to the model. During the guarantee period the client is entitled to the terms offered by European dealers.
14 - Data protection
The company undertakes not to use personal information collected during the order process for any purpose other than the management of your order.
15 - Responsibility
The Vendor cannot accept responsibility for the incorrect use of goods by the Purchaser. The Vendor cannot be held responsible for the repair of direct or indirect damage, of whatever nature, inclusive of the failure to make profits, resulting from the incorrect assembly or wrongful use of the goods sold.
All articles sold by the Vendor comply with standards set out under Luxembourgish law. In the case of importation or use outside of Luxembourgish territory, it falls to the Purchaser to establish that the goods conform to local standards.
16 - Applicable law
All the clauses set out in these Terms and Conditions, as well as all transactions of purchase and sale to which they refer, will be regulated exclusively under Luxembourgish law in the Luxembourgish Courts.
17 - Purchaser's acceptance
The Purchaser accepts fully and without reserve these Terms and Conditions as well as any purchase price to which he has expressly agreed. He acknowledges their full understanding and renounces the right to apply any contradictory document, in particular his own Terms and Conditions, as purchase entails the adherence to these Terms and Conditions. These Terms and Conditions can be modified by the Vendor without notice at any time.