Terms and Conditions

Our Terms and Conditions

Thank you for using Corsa Italian superbikes & parts’ website /-shop. The use of corsaSBK.com (referred to as “WebSite” or “the WebSite”) is governed by the following terms and conditions. Please read them carefully as it contains very important information regarding your rights and obligations, including limitations and exclusions, that might apply to you.

By using the WebSite, placing an order for such product and services, you agree to be bound by and accept these terms and conditions as well as our Personal Data / Privacy Policy. If you do not agree to these terms and conditions, you should not use and/or obtain any products or services from this WebSite.

Throughout the site, the terms ”Corsa”, ”CorsaSBK”, ”we”, “us” and “our” refer to Corsa Italian superbikes & parts.

CorsaSBK reserves the right to alter or modify these terms and conditions from time to time. You are responsible for keeping updated with any changes. The date of the latest update can be found at the end of these terms and conditions.

Purchase Agreement, Order Acceptance and Cancellation

CorsaSBK’s products and services can be ordered at our WebSite or through our customer service. Binding agreement for the purchase of products is concluded when you get confirmation of your order to the e-mail address you have stated. Through placing an order you accept these terms and conditions.

After receipt of your order we, at any time, reserve the right to accept, decline, or limit your order for any reason. If you already paid and your order is canceled you will receive a prompt refund. We also reserve the right, without prior notice and at any time, to supply less than the quantity you ordered.

Once an order has been placed, cancellation is impossible unless dispatch didn’t took place yet. If we are able to cancel your order and you have already paid, we will promptly credit your payment.

As we are a (re-)seller to end user customers we do not accept orders from dealers, exporters, wholesalers, businesses or other customers who intend to resell the products and services which are offered on our site. If you are a business, who might apply for intracommunity trade, please contact us prior to ordering.

We make every effort to maintain the availability of the WebSite. However, should we experience technical difficulties, we are not responsible and do not accept any liability for orders that are not processed or accepted.

Prices, Payment terms and Sales Taxes

All prices in the WebShop are displayed in EURO (€). Unless otherwise stated, all used parts are margin scheme goods according EU tax legislation. This means no VAT is deductible. Prices of new parts include 21% Dutch VAT. According to EU tax legislation we won’t charge VAT in case of export outside the EU.

In order to serve you the best we can we are constantly updating and revising our selection of products and services. We may discontinue products and services at any time without a notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order via our WebSite.
All prices, products and services available through the WebSite are subject to change as of for example: changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements or other circumstances. Because of this we hereby reserve the right to change or make adjustments to all our prices, products and or services.

€ to € transactions

We offer several payment options. Unfortunately some payment methods charge us fees which, in those cases, we partially might pass through. If, and how much, of these costs we pass through is clearly displayed both on our WebSite and during the cart- and / or checkout process.

Other currencies to € transactions

As we have a €-bankaccount all payments must be made in European EURO (€). To avoid excessive exchange rate costs through banks / creditcard companies & PayPal we recommend , and support, TransferWise. If there are any payment surcharges or payment costs we pass through, these will be clearly displayed, both on our WebSite as well as in the checkout process.

We accept the following payment methods:
Bank- / wire transfer TransferWise
Cash on collection Visa
Ideal Master- / Maestrocard
Sofort Maestro
BanContact / Mister Cash American Express
Giropay PayPal / other creditcards

Your creditcard is not listed? Please use Paypal for that type of card.All credit and debit cardholders are subject to validation and authorization by both the card issuer and us to maintain security and to prevent fraud.

In case of payment through credit- or debit card you ensure to represent and warrant that (a) the card information you supply to us is true, correct and complete, (b) charges incurred by you will be honored by your credit card company and (c) you will pay all charges incurred by you at the posted prices, including all applicable taxes, if any.

Concerning order acceptation, unless agreed otherwise and confirmed by us in writing, all payments have to be received prior to our order acceptance. You agree to pay interest on all past-due sums at the highest rate allowed by the Dutch law. We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid.

Shipping and handling charges / costs will be made in accordance with our shipping policies, described in those terms and conditions.

Shipping policy & Delivery Terms

We ship worldwide. For non-EU countries specific conditions might apply. The WebSite is open 24 hours a day 7 days a week but deliveries generally go out Monday to Friday with exceptions for Dutch public holidays and /or unless otherwise arranged.

To meet your needs, we offer various shipping options using premium carriers (e.g. FedEx, TNT, UPS). You have the choice for standard or express shipment, but unless otherwise agreed we remain free to choose the exact carrier to transport your purchases.
Please notice that express shipment sometimes isn’t available as for example in case of oversized, bulky or heavy items.

We always require a signature for delivery unless otherwise stated or agreed.

After receiving an order we will process, ship and deliver your order in the shortest amount of time possible. In order to do that the current billing address, phone information and email-address must be included with every order. If these details are not available, we won’t ship.
When we dispatch your order you will, unless otherwise stated or agreed, receive a shipping confirmation with your tracking number so that you can follow your order.

We cannot assume responsibility or be held liable for any additional charges, as for example customs fees, customs clearance costs, local taxes etc. These additional costs are the responsibility and on expense of the buyer / recipient as we do not have control over these government-imposed costs and cannot estimate what these are or will be. So please contact your local customs office for information as they vary significantly.

Packages that have not been collected within 10 days from arrival will be sent back to CorsaSBK and are considered to be refused. In such case you will be charged the shipping costs plus 20% restocking costs to cover our administrative, shipping and handling costs. Shipments that are not collected or received are not subject to any legal right in regards to regret of purchase. If you want to have your package sent again we will charge you for the shipping cost.

Occasionally there may be some delays processing your order. Should the delay be more than 5 business days, we will inform you with details when we expect to process and dispatch your order. If the product you ordered is on backorder for more than 20 business days, we will send you an e-mail message asking if you want to cancel the order.

As even we sometimes need a break, on occasional base we will be away. As The WebSite is open 24/7, we will clearly announce exact times and dates on the WebSite. Orders that come in during the time we’re off will be processed asap after we’re back.

Shipping costs include trackable delivery as well as the costs of insurance, packaging materials etc to ensure your item is received in good order. If you feel that these costs are unacceptable then please do not bid or buy.

If you have any questions regarding delivery, please don’t hesitate to contact us: info@corsaSBK.com

By placing an order through The WebSite, you agree and accept these shipping terms.

Disclaimer & Limitation of liability

All products, materials and services on this site are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that (a) the products, services and materials available on the WebSite will meet your requirements, (b) the products, services and materials will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the services or materials will be effective, accurate or reliable, or (d) the quality of any products, services purchased or obtained by you from the WebSite, from us or our affiliates will meet your expectations or be free from mistakes, errors or defects.

This WebSite could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the products, materials and services at this site, including the prices and descriptions of any products listed herein, at any time without notice.

We do not accept liability beyond the remedies set forth herein, including any liability for products and services that are not available for use or for lost or corrupted data or software.
In no event shall CorsaSBK or its parent, subsidiaries, affiliated companies, agents, shareholders, employees, or officers (collectively, our “affiliates”) have any obligations or liabilities to you or any other person for loss of profits, for loss of business or use, or for incidental, special or consequential damages, whether based on contract, tort (including negligence), product liability, or any other theory or form of action, even if we or our affiliates have been advised of the possibility thereof, arising out or in connection with the sale, delivery, use, repair or performance of the products available through this site. No employee or representative of CorsaSBK is authorized to modify this limitation. You acknowledge, by your use of The WebSite, that your use of the website is at your sole risk.

Our sole and entire maximum liability (and the liability of any of the providers of products and services available on this site), for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the products and services you have ordered through our site.

Some jurisdictions prohibit the limitation or exclusion of liability for consequential or incidental damages, so the above limitations and exclusions may not apply to you to the extent such jurisdiction’s law is applicable to your purchase of products and services.

Return Policy

You are entitled to cancel your order within 14 days of receiving your order.
The returned goods, with all accessories / tags included, needs to be – if reasonably possible- returned to us in its original condition and packaging. Once your return is received and inspected by us, your refund will be processed and a credit will be applied to your original method of payment. You are responsible for all shipping costs associated with getting your order back to us.

In order to start the return process:
  1. Please contact us by letter or email and tell us what is or went wrong or fill in the European standard form of withdrawal, included in Appendix 1.
  2. We will reply, within 2 business days, and if we accept your return we’ll give you a Return Merchandise Authorization (RMA) number and further return instructions.
  3. Please print the email with instructions and the RMA and put this in the package.
  4. Return the package, within 120 hours (5 days) after receiving the RMA, in unused condition and including the original box, packaging, tags and all other “bits & bites”: so 100% complete.
  5. Please retain and provide us with your return tracking information.
  6. Once your return is received and inspected by us, we will sent you a confirmation email your return has arrived and give you full details of refund. Refund will be made to your original method of payment.

Please follow the instructions above in order to get your return order back to us. Items should not be shipped back to the manufacturer; all returns need a RMA-number and will need to be returned to Corsa superbikes & parts.

For customers in any location, you have the option of using the carrier of your choice to return your order to us. We strongly recommend using a shipping service which includes track&trace, insurance and proof of delivery for your return shipment. Be aware you are responsible for loss or damage during this (return-) shipment.

All shipments must be made prepaid; packages shipped COD will be rejected.
We do not refund any shipping charges for orders / goods that are refused for delivery by you or at the customs. Rejected orders will also be subject to a 20% restocking fee.

International returns (from non EU countries) should be marked as a “Merchandise Return / Returned goods“ with a carrier that does not levy brokerage fees. Customer is responsible for any applicable brokerage or customs charges. Any items shipped COD or having additional (brokerage) fees that are charged to us upon delivery will be rejected.

We cannot accept returns upon clearance and/or sale items, these items are purchased at a clearance price and can not be returned or exchanged.

In case of a return we only refund the shipping costs from us to you which are offered standard / the cheapest shipping option we offered for that product. When you choose or have chosen for a additional or more expensive shipping service, those costs are for your own expense and risk.

Exceptions Returns:
  1. Sealed products / goods which the seal is broken;
  2. Products which, in accordance with instructions or specifications of the client / buyer, have been modified;
  3. Products / goods which can not be returned because of their nature;
  4. Products / goods that spoil or age quickly;
  5. Products / goods whose price depends on fluctuations in the financial market that seller has no influence;
  6. Products specially ordered for you / on your request. This includes (extra) products available on backorder at the moment of ordering;
  7. Electrical components as these could be destroyed by incorrect or faulty installation;
  8. Any goods or parts which show signs of use or otherwise are in a condition other than it was received / sent to you cannot be returned.

We reserve the right to refuse returned goods or to credit a part of the amount already paid, when there is a suspicion that the product is used and / or damaged, other than through our fault.

Damaged Goods

When we ship your products, we make the most efforts the goods arrive in the same condition as listed. However, in case your order arrives damaged, please contact us immediately by e-mail: info@corsaSBK.com. If possible please keep all original shipping boxes incl. packing-material and provide us with pictures as evidence.
The claim shall be made immediately when you discover the defect. We’ll try our best to fast-forward this claim processes as much as possible, but we have to ask our customers to be patient in these cases. These processes sometimes take longer than any of us would like.
Please note that any claim requires that you have not used the item inappropriately and that the item is not defect due to your conduct.

Warranty

This WebSite and the materials and products on The WebSite are provided “as is” and without warranties of any kind, whether expressed, written or implied. All descriptions given by CorsaSBK as to function are for reference only and are not a guarantee. By purchasing, using, or installing the product, the purchaser agrees to all of these terms.
CorsaSBK shall not, under any circumstances, be liable for any special, incidental or consequential damages, including but not limited to damage or loss of goods or claims of customers of the purchaser which may arise and or result from the sale, installation or use of these products. CorsaSBK cannot assume any responsibility for personal injury, labor or other injury arising out of the use of any product manufactured or sold.
CorsaSBK does not represent or warrant that the functions contained in and/or on the WebSite will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components.
To the fullest extent permissible pursuant to applicable law, CorsaSBK disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.

Personal Data / Privacy

Information submitted to The WebSite is governed according to our current Privacy Policy and the stated license of this website. You agree to provide true, accurate, current, and complete information when registering with The WebSite. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provides any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of The WebSite.

Although sections of The Website may be viewed simply by visiting The WebSite, in order to access some content and/or additional features offered at The WebSite, you may need to sign on as a guest or register as a member. If you create an account on The WebSite, you may be asked to supply your name, address, a User ID and password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access The WebSite using your account or User ID. You grant us and all other persons or entities involved in the operation of The WebSite the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of The WebSite and in the provision of services to you. We cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using website. To learn more about how we protect the privacy of the personal information in your account, please visit our Privacy Policy.
You have the right to contact us to find out what personal data is held about you. If it is incorrect, incomplete or irrelevant you can request that the data is corrected or deleted. You can withdraw your permission to use your personal data for marketing purposes (e.g. sending newsletters or offers) at any moment.

Cookies

Certain parts of the site use “cookies” to keep track of your visit and to help you navigate between sections. A cookie is a small data file that certain websites store on your computer’s hard drive when you visit them. They can contain information such as your user ID and the pages you have visited. We use cookies on the website to enable us to deliver content specific to your interests and get an idea of which parts of the site you are visiting. Our cookies do not read data from your computer’s hard drive or read cookies created by other websites you have visited.
If you do not want your visit to the website to be tracked by our cookies, you can set your Internet browser and/or firewall to disable them.
Unfortunately, this may have a negative effect on your use of the site. Please refer to your internet browser help file to see how to disable and/or delete cookies on your PC.

Links to other sites

The WebSite may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that we offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein, and we reserve the right to note its lack of affiliation, sponsorship, or endorsement on The WebSite. If you decide to access any of the third party sites linked to by The WebSite, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

Service & Support

We will try our to help you, but we cannot assume responsibility, be held liable or guarantee we can resolve all problems to everyone’s satisfaction. Requests for technical service and / or support with respect to products and services available through The WebSite should be made directly to the manufacturer and/or in accordance with their terms and conditions as set forth in the manual(s) and relating information accompanying their products.
Should you have any other questions and / or comments about services delivered or services we can deliver, please contact us via info@corsaSBK.com or, by letter, at Corsa Italian superbikes & parts, Hubertuslaan 21, 4871 LG Etten-Leur, Noord-Brabant, The Netherlands.

Card purchases

To make card purchases with us as secure as possible all information is sent in encrypted form using SSL (Secure Sockets Layer). This means that the information is passed through a secure connection and that your card details cannot be read by external parties.
All customers paying by card are subject to validation checks. CorsaSBK reserves the right to delay any order if fraud is suspected. For security reasons, we do not store any payment information in our database.

Indemnification

You agree to defend, indemnify, and hold harmless CorsaSBK and its affiliates, affiliated companies, co-branders, other partners, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. CorsaSBK reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with CorsaSBK in asserting any available defenses.

Force Majeure

CorsaSBK shall be excused from the performance or punctual performance of any of its obligations under these terms and conditions if such performances are prevented, restricted or interfered with for any reason beyond the reasonable control of CorsaSBK, including but not limited to, fire, flood, earthquake, explosion, strike or other casualty or accident (“Force Majeure”).

Miscellaneous

In any action to enforce these terms and conditions , the prevailing party will be entitled to costs and attorney’s fees. Any cause of action brought by you against us or our affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred. You may not assign your rights and obligations under these terms and conditions to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these terms and conditions. You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these terms and conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by us to enforce or exercise any provision of these terms and conditions or related rights shall not constitute a waiver of that right or provision.

Information

CorsaSBK has made every effort to provide accurate information on the website. However, information, texts, images, graphics and other material may contain errors, be incomplete or incorrect. In such events, we cannot be held liable for damages resulting hereof, unless such damage is the result of our gross negligence or willful misconduct.

Governing Law

Without limiting your rights as a consumer under the laws of your country, you hereby expressly agree these terms and conditions as well as all disputes or claims arising hereof and of using The WebSite shall be governed by the laws of The Netherlands. You expressly agree that any dispute, controversy or claim arising out of or in connection with these terms and conditions, or the breach or invalidity thereof shall be determined by Dutch courts located in Breda, The Netherlands.

CorsaSBK makes no representation that materials on this site are appropriate or available for use in locations outside The Netherlands, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These terms and conditions may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.

February 05, 2016
Appendix I: Standard form for withdrawal

Standard Form for Withdrawal

(Complete this form and return it only when you want to revoke the agreement)

To:

[Entrepreneur’s name]
[Entrepreneur’s geographic address]
[Entrepreneur’s fax number, if available]
[Entrepreneur’s email address or electronic address]

I/We hereby inform you that I/we wish to revoke our agreement on the sale of the following products:

[specification of the product]*

the delivery of the following digital content [specification of the digital content]*

the performance of the following service [specification of the service]*

Ordered on*/received on* [date of ordering the services or receiving products]*

[Consumer’s name]
[Consumer’s address]
[Consumer’s phone-number]
[Consumer’s email address or electronic address]

[Consumer’s signature] (only when this form is submitted on paper)

*) Delete and/or complete where appropriate

Anything unclear? Please  Contact Us