Terms of sale
1. Acceptance of conditions
The customer acknowledges having read, at the time of placing the order, the special conditions of sale set out on this screen and expressly declares accepting them without reservation.
The present general conditions of sale govern the contractual relationship between Legendary Motorcycles Parts and its customer, both parties accepting them unreservedly. These general terms and conditions of sale shall prevail over any other terms and conditions appearing in any other document, except in the event of prior, express and written derogation.
2. Product
These General Terms and Conditions of Sale apply without restriction or reservation to all sales concluded by Legendary Motorcycles Parts with buyers wishing to purchase the products offered for sale on the www.ontheroadma.com website. In particular, they specify the conditions of order, payment, delivery and management of any returns of products ordered by customers.
They apply to the exclusion of all other conditions, in particular those applicable to sales in stores or through other distribution and marketing channels.
The products offered for sale on the present site are OCCASION PARTS or new parts from motorcycle destocking.
The main characteristics of the products, specifications, illustrations and indications of dimensions or capacity are presented on the www.ontheroadma.com website.
The seller expressly states that each PART IS UNIQUE.
It is the customer's responsibility to familiarize himself/herself with the characteristics of the products before placing an order, as the choice and purchase of a product are his/her sole responsibility.
The customer must refer to the description of each product in order to know its properties and essential particularities. Product offers are subject to availability.
The products presented on this website are offered for sale in mainland France, Corsica and internationally.
The present General Terms and Conditions of Sale are accessible at all times on the www.ontheroadma.com website and shall prevail, where applicable, over any other version or any other contradictory document.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the customer's purchase is that in force on the website on the date the order is placed. Modifications to these General Terms and Conditions of Sale are enforceable against users of the www.ontheroadma.com website from the date they are posted online, and cannot be applied to transactions concluded previously.
Should any clause of these General Terms and Conditions of Sale become null and/or void due to a change in regulations or a court ruling, this shall in no way affect the validity of the other clauses, which shall remain applicable.
Validation of the order by ticking the box provided for this purpose implies acceptance without restriction or reservation of these General Terms and Conditions of Sale.
3. Order
The Products are intended for the Customer's personal use. The Products are sold for private use and not for circuit and/or competition use.
The choice and purchase of a Product are the sole responsibility of the Customer.
The Customer places an order from the Legendary Motorcycles Parts online catalog accessible on the Site.
To make a purchase, the Customer may place an order directly on the Site.
It is specified that EVERY ORDER MADE ON THE WEBSITE IS AN ORDER REQUIRING PAYMENT.
When the Customer's purchase is made on the Site, the Customer selects the Product(s) corresponding to his search and adds them to his basket.
Legendary Motorcycles Parts takes all necessary steps to ensure the reliability of the information on its Site.
Despite daily monitoring and updating, Legendary Motorcycles Parts cannot be held responsible for any technical inaccuracies, typographical errors or omissions that the content of the Site may contain, nor for any results that may be obtained from the use of this information.
The Customer acknowledges that the photographs, information and visuals of the products presented on the Site are not contractual. In no event will Legendary Motorcycles Parts be liable for any damages arising out of or in connection with the photographs, information and visuals of the Product in question.
The use of these search tools does not relieve the Customer of the need to check that the Product selected is equivalent to that sought.
If the Customer already has an account on the Site and wishes to validate his/her order, he/she will automatically be redirected to an identification page and will be required to identify him/herself via the "Log in" tab. In the case of new customers, they must follow the steps for creating an account in the "New customer" section.
At this stage, the order is summarized, with the following information: Product(s), quantity(ies), unit price, any discounts, delivery method, delivery charges and total amount of the order.
The Customer will be invited to choose his or her delivery method, selecting either home delivery or delivery to a relay point.
The Customer will also be invited to choose a method of payment, either by credit card or PayPal. At this stage, the Customer may also change the billing address.
The Customer may return to, complete, modify or cancel his order until it has been validated. Once the Customer has clicked on the "Proceed to payment" button, the order will be validated.
This validation is subject to the Customer's prior acknowledgement and express and unreserved acceptance, via a checkbox, of these General Terms and Conditions and the Personal Data Protection Policy, and implies an obligation to pay.
The order will not be definitively registered until the last validation of the order summary screen. This action is assimilated to the handwritten signature referred to in article 1367 of the French Civil Code and to the conclusion of a contract in electronic form within the meaning of articles 1127-1 and 1127-2 of the French Civil Code. As of this action :
the Customer confirms his/her order and declares that he/she fully and unreservedly accepts it, as well as the entirety of these GCS; and
the order is considered irrevocable and may only be challenged in the cases exhaustively provided for herein.
As soon as the Customer has registered his order, a detailed acknowledgement of receipt will be sent within 24 hours to the e-mail address previously provided. This acknowledgement of receipt specifies the exact amount invoiced, the products ordered and their quantity, the terms of delivery and refers to these GTC. This acknowledgement of receipt constitutes acceptance of the order by Legendary Motorcycles Parts and will validate the transaction.
The Customer accepts that the order registration systems are proof of the purchase and its date. By keeping this e-mail and/or printing it, the Customer holds a proof of his order that Legendary Motorcycles Parts recommends him to keep.
This e-mail confirms that the Customer's order has been taken into account by Legendary Motorcycles Parts and not that the Product ordered is available. If the Customer does not receive the order validation e-mail within the time limit indicated, Legendary Motorcycles Parts invites the Customer to contact its customer service department by e-mail: contact@ontheroadma.com
Legendary Motorcycles Parts undertakes to honour online orders only while stocks last.
In the event of unavailability, Legendary Motorcycles Parts undertakes to inform the Customer as soon as possible by e-mail or telephone. In the event of unavailability of the Product ordered, the Customer may either cancel or modify the order. In the event of cancellation due to unavailability, the Customer will be reimbursed within fourteen (14) days of receipt of the cancellation request.
It is specified that Legendary Motorcycles Parts will collect the full amount of the order at the time of order confirmation. Confirmation of the order will be notified to the Customer by e-mail.
In the event of an incident relating to the Customer's order, notably a payment or supply incident, a problem linked to the unavailability of Products, or an order anomaly, Legendary Motorcycles Parts undertakes to inform the Customer via the information communicated by the latter at the time of the last update made to his/her account.
The Customer can follow the progress of his order in his customer space under the heading "my account" then "my orders" which specifies the references of the order, the products ordered, the date of the order and the status of order processing. The Customer may also print the relevant order form from this area.
4. Product availability
Products are available as long as they are visible on the site, while stocks last.
Although regularly updated, this stock remains indicative. If a product proves to be unavailable, Legendary Motorcycles Parts will inform the customer by e-mail or telephone as soon as possible and will refund the price of the part.
5. Prices
Parts are sold at the prices shown on the www.ontheroadma.com website when the order is placed, and are expressed in euros including VAT. Prices take into account any discounts granted by the seller on the site. The prices indicated on the product sheets do not include transport.
These prices are firm and non-revisable during their period of validity as indicated on the site. They do not include shipping costs (including processing, dispatch, transport and delivery), which are invoiced in addition and calculated before the order is placed.
Shipping costs depend on the weight and size of the order. It includes parcel packaging, transport, and representation (once) of the parcel in the event of absence on the first delivery.
Should the customer require special packaging or transport conditions for the products ordered, he/she should contact us by e-mail to agree these terms. Any additional costs will be invoiced separately, on the basis of a quotation previously accepted in writing by the customer. The payment requested from the customer corresponds to the total amount of the purchase, including these costs.
The price indicated in the order confirmation is the final price, including VAT. This price includes the price of the products, packaging and transport costs.
Despite our best efforts to ensure the accuracy of the prices listed on our website, pricing errors may occasionally occur. If a pricing error is discovered after an order has been placed, Legendary Motorcycles Parts reserves the right to cancel any order affected by this error, even if it has been confirmed and payment has been made. In such cases, the customer will be informed as soon as possible and a full refund will be issued if the amount has already been debited. Legendary Motorcycles Parts undertakes to offer the customer the option to place a new order at the correct price.
6. Terms of payment
The price is payable in cash, online and in full when the order is placed by the buyer by credit card or PayPal. In order to optimize the security of payments and ensure the identity of the credit card holder, Legendary Motorcycles Parts may request proof of identity and/or address. Only the services in charge of payment or fraud control will have access to these documents, which they may not use for any other purpose, nor keep for longer than six months.
In accordance with article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing his/her credit card details, the customer authorizes the seller to debit his/her credit card for the amount corresponding to the all-inclusive price.
To this end, the customer confirms that he/she is the holder of the credit card to be debited and that the name on the credit card is indeed his/her own. He/she must provide the sixteen digits and expiry date of his/her credit card, as well as the visual cryptogram, if applicable.
The seller will not be obliged to deliver the products ordered in the absence of full payment of the price paid.
7. Delivery
Once the order has been confirmed, Legendary Motorcycles Parts undertakes to deliver all items ordered by the purchaser to its carrier within a maximum of 48 working hours. This carrier undertakes, by contract with Legendary Motorcycles Parts, to deliver the order to the purchaser's address provided by Legendary Motorcycles Parts.
In addition, for deliveries outside metropolitan France, the customer agrees to pay all taxes due on the import of products, customs duty, value added tax, and all other taxes due under the laws of the country where the order is received. All orders placed with Legendary Motorcycles Parts are intended for the personal use of the customer, the customer or the recipient of the products will not resell the products in whole or in part. Legendary Motorcycles Parts disclaims all legal liability in the event of non-payment of taxes by the customer.
Delivery in France will be made by La Poste colissimo (tracking), Mondial Relay, DHL and UPS.
International deliveries are made by Mondial Relay, DHL and UPS.
Delivery is made within the time slot agreed with the customer by handing over the product directly to the named recipient, or in the event of absence, to another person authorized by the customer. Delays do not entitle the purchaser to claim damages.
War, riot, fire, strikes, bad weather, accidents and the impossibility of obtaining supplies are considered as cases of force majeure discharging the seller from his obligation to deliver. Goods always travel at the recipient's risk.
Always check your parcel on arrival. You have 48 hours to make any reservations with the carrier in the event of shortage or damage.
8. Withdrawal
Withdrawal only concerns new items; second-hand items are NOT RETURNED OR EXCHANGED. You have 14 days (from receipt of the items) to make up your mind. In the event of an exchange or refund, please contact management at retour@ontheroadma.com. All items returned without the agreement of the management will not be accepted.
In the event of a return, the item(s) must be new, in its (their) original packaging, undamaged, and accompanied by all accessories, instructions and documentation. The item to be returned must comply with the photos presented at the time of purchase.
In the event of exercising the right of withdrawal, and insofar as the product is intact, Legendary Motorcycles Parts is obliged to reimburse the sums paid by the customer, free of charge, with the exception of return costs. Refunds are due within a maximum of 14 days. If the product is damaged, a discount will be applied.
9. Disputes
This contract is subject to French law. Legendary Motorcycles Parts cannot be held responsible for damages of any kind, whether material, immaterial or bodily, which may result from malfunction or misuse of the products sold. The same applies to any product modifications resulting from manufacturers. The liability of Legendary Motorcycles Parts will, in any event, be limited to the amount of the order and will not be held liable for simple errors or omissions which may have occurred despite all the precautions taken in the presentation of the products. In the event of difficulties in the application of the present contract, the purchaser has the possibility, before any legal action, to seek an amicable solution notably with the help of a professional association of the branch, an association of consumers or any other council of his choice. Please note that seeking an amicable solution does not interrupt the "short time limit" of the legal warranty, nor the duration of the contractual warranty. As a general rule, and subject to the discretion of the courts, compliance with the provisions of this contract relating to the contractual warranty assumes that the buyer honors his financial commitments to the seller.
Complaints or disputes will always be received with attentive benevolence, good faith always being presumed in those who take the trouble to explain their situations. In the event of a dispute, the customer should first contact the company for an amicable solution.
Failing this, the Créteil Commercial Court shall have sole jurisdiction, irrespective of the place of delivery and method of payment accepted.
10. Warranty
In all cases, Legendary Motorcycles Parts may not be held liable for failure to comply with the regulatory and legislative provisions in force in the country of receipt. The liability of Legendary Motorcycles Parts is systematically limited to the value of the product in question, at the date of sale, without any possibility of recourse against the brand or company producing the product.
In any case, the customer benefits from the legal guarantee of eviction and hidden defects (Art.1625 and following of the Civil Code). Provided that the buyer proves the hidden defect, the seller is legally bound to repair all the consequences (art.1641 and following of the Civil Code); if the buyer goes to court, he must do so within a "short period" from the discovery of the hidden defect (art.1648 of the Civil Code). You can contact customer service by e-mail at contact@ontheroadma.com (response within 48 hours).
11. Legal information
The personal information collected for the purposes of distance selling is compulsory, as this information is essential for processing and routing orders, and drawing up invoices and warranty contracts. Failure to provide this information will result in the order not being validated. In accordance with the French Data Protection Act (Loi Informatique et Libertés), the processing of nominative customer data has been declared to the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés - CNIL). The customer has the right to access, modify, rectify and delete data concerning him/her (article 34 of the law of January 6, 1978), which he/she may exercise by contacting Legendary Motorcycles Parts. In addition, Legendary Motorcycles Parts undertakes not to communicate, free of charge or in exchange for payment, customer details to third parties.