1.General
1.1 Motorcycle Storehouse B.V. is located at Gotenburgweg 46, 9723 TM Groningen, The Netherlands and is registered at the Dutch Chamber of Commerce, number 02054353 (“Motorcycle Storehouse” or “we” or “us”).
1.2 We are an independent European distributor of parts and accessories for motorcycles and are not affiliated with Harley-Davidson, Inc. or any other motorcycle manufacturer. The words Harley, Harley- Davidson, H-D, all H-D part numbers and model designations, as well as other brand names and model designations from other brands, are used in reference only. All other brand names or trademarks used in our publications, both electronic and printed, are the property of their respective holders.
1.3 We do not sell retail. If you are not a dealer, you may not order products from us, but you can purchase them at your local dealer.
1.4 All purchases non-refundable and non-transferable.
1.5 These Terms are applicable to every offer, quotation, agreement and all other legal relationships or legal commitments between you and us. These Terms will supersede any and all other conditions or terms you may use for ordering goods at all times. Applicability of any purchase and/or other conditions of the purchaser is explicitly rejected.

2. Ordering
2.1 Orders need to be placed before CET 14:00 hours for same day shipping, provided that:
a) Payment has been received in full through our online payment system, ORb). The order is placed under an approved credit account with agreed payment terms.

Orders can be placed by telephone, e-mail or through our website. We are open during business hours, Monday to Friday from CET 9:00 to 18:00 hours. We are entitled to require that you use a procedure, digital or otherwise, for placing product orders. In the case of ordering by telephone, we will not be in any way responsible for any errors in these orders, we strongly advise to use the website or e-mail for ordering. We cannot guarantee that orders will be shipped the same day. When orders are impossible to ship the same day, even when placed before 14:00 CET, the order will be processed the next working day without further notice.
2.2 Website and e-mail orders can be placed 24 hours a day, seven days a week.
2.3 Orders cannot be put on hold or canceled.
2.4 Minimum order size without a small order fee is 50,00 Euro shippable goods excl. VAT. Minimum order size for orders shipped from the Dutch warehouse to UK is 160,00 Euro shippable goods excl. VAT.

2.5 Orders can be placed using part numbers only.
2.6 Additions to orders are part of our customer service and will be accepted when the order in question can be modified. Orders which have been finished, are being handled by the warehouse or have already been paid, cannot be modified and therefore no additions or changes will be accepted.
2.7 Backorders
2.7.1 Customers may place backorders for items that are currently out of stock or stored at suppliers.
2.7.2 By placing a backorder, customers commit to purchase and pay for the items once they arrive in our warehouse.
2.7.3 We do not guarantee delivery dates or actual availability of backordered items.

2.7.4 Backorders cannot be cancelled once placed.

2.8 Whenever you are looking for a specific part, please let us know. It is possible that we have this item on the shelf, ready to be shipped.

3. Retention of Title
3.1 All goods delivered by us remain our property until you have fulfilled all obligations under the agreement(s) with us properly.

3.2 Goods delivered by us that fall under the retention of title in accordance with the previous paragraph may not be resold and may never be used as a means of payment. You are not authorised to pledge or encumber in any other manner the goods that fall under the retention of title.

3.3 You must at all times do whatever may be reasonably expected of you to safeguard our ownership rights.

3.4 In the event that third parties levy an attachment to the goods delivered under retention of title or wish to establish or enforce rights thereto, you must immediately inform us of this.

3.5 You undertake to store the goods delivered under retention of title separately and clearly labelled as originating from Motorcycle Storehouse and to insure said goods and to keep them insured against fire, explosion and water damage as well as against theft, and to make the policy of this insurance available for inspection by us immediately on request. In case of any payment of the insurance, we are entitled to this money. Insofar as necessary, you undertake in advance to us to collaborate with all that may or appear to be necessary or desirable in that context.

3.6 Insofar as we want to exercise our ownership rights as referred to in this article, you grant in advance us as well as third parties to be indicated by us unconditional and irrevocable permission to access all those locations where the property of us is located and to take those goods back.

4. Prices
4.1 Prices mentioned in our pricelists do not comprise VAT and other government levies. We will always try to keep prices as stable as possible but sometimes we are forced to make adjustments. All prices mentioned in our pricelists are subject to change without prior notice.
4.2 You may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you.
4.3 Orders will only be processed and shipped after:
a) Full payment has been received and cleared through our payment provider, or
b) The order is placed under an approved credit account within agreed credit limits and payment terms.
4.4 We reserve the right to hold or cancel orders where payment requirements are not met or where approved credit limits have been exceeded.

5. Returns and Warranty
5.1 In the unlikely event that you receive goods which are not what you have ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, we shall, at our own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or credit to you the amount you paid for the goods in question PROVIDED THAT you notify us of the problem in writing at the address stated in the confirmation e-mail within one working day after delivery of the goods and PROVIDED THAT you return the damaged or defective goods to us.
5.2 Only when postage is prepaid returns will be accepted. No shipping cost credit will be issued on any return shipment. A copy of the invoice on which the returned item was billed plus our returns form, must be included in all return shipments.
5.3 When either the invoice or the form is not included the return will be put aside without further notice and the returned goods will be destroyed after 15 working days. We will not be liable for any costs due to the loss of the returned goods.
5.4 On all returns there is individual 15% re-stocking fee with a minimum of 15,00 Euro per return. Funds for re-stocked items will be credited on the next invoice. Incorrectly supplied or ordered goods must be returned within 14 days or 10 working days after invoice date, clean and in its unopened original packaging. These will be credited on the next invoice(s). We will not refund any payments, but will only credit with future orders. The credit will only be valid for 12 months and will expire without further notice.
5.5 Electrical items cannot be returned. We do not warranty any electrical items including batteries. Any warranty concerning electrical items must be addressed to the manufacturer directly.
5.6 No returns are accepted on helmets, clothing and apparel, except in case of a warranty claim.
5.7 NOTHING IN THIS SECTION AFFECTS YOUR STATUTORY RIGHTS.

6. Transport
6.1 Any period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order. If there are any changes to the details supplied by you, it is your responsibility to inform us as soon as possible. Goods may be sent to you in instalments.
6.2 When accepting a shipment always check if the shipment includes all boxes and if these are undamaged. When damaged or incomplete always mention this to the driver and when signing mention this on the waybill. Goods that are missing from a shipment should be reported to us within one working day after receiving the shipment (the so called “Next Day Claim”). We reserve the decision right to grant such claims. No shipping cost credit will be issued on any shipment.
6.3 We will not be responsible for damage to goods during the shipping process or for any costs involved due to late or non-arrival to the extent that the delay is due to any event outside our reasonable control.
6.4 Please note that when shipping goods internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
6.5 Please note that shipping costs are dependent on the weight, size and dimensions of the ordered and shippable parts and due to certain (IATA) rules and regulations not all parts/chemicals can shipped using our couriers.

6.6 If you export the goods outside the European Union, you must engage a competent forwarder for this and must at all times provide us with copies of the export and customs documents.

7. Liability
7.1 We do not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services in its publications, both electronic and printed, without prior notice. We shall not be liable for direct, indirect or consequential damage caused by any product. No credit will be issued beyond the original cost of any product. No credit will be issued after one year of the original sales date.
7.2 If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price, if the item(s) has been charged and not dispatched we will cancel and credit your order. We will do our best to correct errors and omissions as quickly as practicable after being notified of them.
7.3 TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE PROVIDING OUR PUBLICATIONS, BOTH ELECTRONIC AND PRINTED, ON AN ‘AS IS’ BASIS AND MAKE NO (AND EXPRESSLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO OUR PUBLICATIONS OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN OUR PUBLICATIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT.
7.4 Both parties will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract.
7.5 Please note that some parts are intended for show use and/or restoration only and may not meet current requirements for street use or meet the legal labeling or instruction requirements for retail sale in your country. When in doubt never order. The parts mentioned in our publications, both electronic and printed, must be installed by a qualified mechanic who is able to judge correct fitment and quality of parts. Never install when in doubt. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the catalog or website or for any products or services purchased from us.
7.6 We receive the technical data of products from third parties. Accordingly, we assume no liability for errors in regards to tech tips, listings, specifications, part numbers or model applications.
7.7 We shall have no liability for the acts or omissions of telecommunications service provider or for failures of, or faults in their networks and equipment.
7.8 All the exclusions and limitations of liability in these Terms of Business shall also apply to the benefit of all (legal) persons which we use for executing the agreements and will not apply if and insofar as the damage is the result of willful default or gross negligence. For the avoidance of doubt, we do not exclude or limit any liability for damages and personal injury (including sickness and death) where such injury results from our gross negligence or willful default, or that of our employees.
7.9 The bike-selector tool on our website is provided as a convenience feature only. While we strive for accuracy in product fitment information, we make no warranties or guarantees regarding the accuracy of fitment data. Customers are responsible for verifying fitment before purchase.
7.10 Product fitment information shown through the bike-selector is for reference only and no rights can be derived from this information.

8. Force majeure

8.1 We are not required to perform any obligation towards you if we are impeded in this due to a circumstance not attributable to a fault of us and not otherwise attributable to it according to the law, a juristic act or generally accepted opinion.

8.2 In addition to the relevant definitions in the law and jurisprudence, force majeure in these Terms refers to all external causes, foreseen or unforeseen, which we cannot control, but which are the reason we are unable to meet its obligations, including strikes in our company or of third parties. We are also entitled to invoke force majeure in the event that the circumstance that prevents the fulfilment or ongoing fulfilment does not occur until after we ought to have fulfilled our commitment.

8.3 We may suspend the obligations under the agreement including shipping orders for the duration of the force majeure. If this period exceeds two (2) months, either party shall be entitled to dissolve the agreement, without any obligation to compensate the other party for any damage or losses incurred.

8.4 Insofar as, at the time a situation of force majeure arises, we have already fulfilled or will be able to fulfil our obligations under the agreement in part, and the part of our obligations already fulfilled or to be fulfilled has been assigned a separate value, we shall be entitled to issue a separate invoice in respect of the part already performed or to be performed. You are held to pay this invoice as if it were a separate agreement.

9. Privacy
We value the privacy of our customers and users and comply with the European General Data Protection Regulation (‘GDPR’). Our privacy statement is part of our agreements. Our privacy statement may change from time to time. The most current version can be found on our website.

10. Payment and Invoicing
10.1 Payments are processed through our payment provider Mollie. While payment card information may be stored with Mollie for convenience, Motorcycle Storehouse does not store any payment card details in its systems.
10.2 We reserve the right to invoice electronically. In that case printed invoices are copies for reference only.
10.3 Credit memos will be automatically applied during checkout. In cases where automatic reconciliation occurs incorrectly (e.g., when payments cross), additional charges may apply. Any discrepancies will be resolved separately.
10.4 We reserve the right to correct any pricing or invoicing errors.

10.5 Any banking costs charged in your country related to payment or transfers from countries outside the European Union shall be borne by you.

11. Website Use and Security
11.1 You agree to use our website only for lawful purposes and in a way that does not infringe the rights of any third party.
11.2 We use reasonable efforts to ensure that our website is secure and free from viruses, but we cannot guarantee this.
11.3 We reserve the right to restrict access to certain areas of our website.
11.4 The product information, specifications, and images on our website are subject to change without notice.
11.5 While we make reasonable efforts to display accurate product information, colors shown on the website may vary from actual colors due to display technology variations.
11.6 You may not use any automated system or software to extract data from our website for commercial purposes ('screen scraping'), unless you have obtained our prior written consent.

12. Digital Services
12.1 Access to certain features of our website may be subject to registration and/or subscription.
12.2 We strive to ensure that our digital services are available 24/7, but we do not guarantee uninterrupted access.
12.3 We reserve the right to suspend, restrict or terminate access without notice if we suspect unauthorized use.
12.4 Technical support for website-related issues is provided on a best-effort basis during regular business hours.
12.5 We are not responsible for any delays, delivery failures, or other damage resulting from limitations, delays, and problems inherent in the use of the internet and electronic communications.

13. Source and amendment of conditions
13.1 The most recent version of these Terms is published online on our website (motorcyclestorehouse.com).

13.2 We are allowed to adjust these Terms from time to time. The most recently published version or, in the absence thereof, the version in force at the time the legal relationship with us was established will apply at all times.

14. Miscellaneous
14.1 No waiver by us of any breach of these Terms shall be considered as a waiver of subsequent breach of the same or any other provision.
14.2 We reserve the right to terminate the agreement, i.e. cancelling the order and/or terminating your access to the website, without prior notice if: a) you fail to make any payment to us when due, b) you breach the terms of this agreement, c) when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity, and d) we suspect you have engaged, or are about to engage, or have in any way been involved, in fraudulent or illegal activity on our website.
14.3 Intellectual property rights in our publications, both electronic and printed, belong to us. No part of our publications may be reproduced, stored in a retrieval system in any form or by any means, electronically, mechanical, photocopying or otherwise, without our prior written permission.
14.4 You may not permit, create unauthorized framing of, or deep linking to, our website or the creation of derivative works thereof from any other website under your management or control.
14.5 If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.
14.6 On all our goods, products, offers, service and agreements the Dutch law and exclusive jurisdiction of the court in our place of establishment in The Netherlands will be applicable.