Terms & Conditions

KTM Parts shop Terms and Conditions

  1. The following terms have the meaning defined below where they are used in this Agreement:
Agreementmeans the terms in these Terms and Conditions;
Business Premisesmeans any of our business locations;
Consumermeans an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;
Customer, you, your:means the person named as the customer in the Order Form;
Depositmeans the deposit payable by you and detailed in the Order Form;
Distance Contractmeans a contract concluded between us and a UK based consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of us and the consumer and with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
Goodsmeans the items detailed in the Order Form that you have agreed to buy from us;
Off Premises Contracthas the meaning given to it in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
Ordermeans your order for the Goods stated in the Order Form;
Order Formmeans the document attached to these Terms and Conditions;
Pricemeans the amount referred to as the total cost in the Order Form adjusted, where applicable, by the adjustments stated in clauses 4.2, 4.3.1, 4.3.3 and 7.1;
Seller, we, our, usmeans Motocorsa Limited;
Terms and Conditionsmeans the terms set out in this document.

2. Order

2.1 – Your Order and any allowance in respect of used goods offered by you, is subject to our written acceptance.

2.1 – If we have made a mistake in the Order (e.g. including a specification that is not ordinarily available or have incorrectly stated or calculated the price of the Goods), we may cancel the Order.

3. Delivery

3.1 – Regretfully we are unable to guarantee any delivery date and any delivery date we give is an estimate only. If we do not deliver within 3 calendar months of any estimated delivery date (stated in this Order), you may write to us requesting delivery within 10 days and, unless the delay is due to any cause beyond our reasonable control, you may cancel your Order and we shall return any deposit that you have paid.

3.2 – If you do not take the Goods within 14 days of being notified that the Goods are available for delivery or collection, we shall be entitled to charge you reasonable storage fees to reflect the cost of storing the Goods. 

3.3 – If you do not take and pay for the Goods after 30 days of being notified that the Goods are available for delivery or collection:

3.3.1 – we shall be entitled to treat the Order as cancelled and any money that you have already paid for the items shall be forfeited and belong to us;

3.3.2 – we may sell the Goods for the best price reasonably obtainable and you shall be liable for any losses that we incur.

3.4 – If you have paid for the Goods and ownership of the Goods has passed to you, but you do not collect the Goods or accept delivery of the Goods (where we have agreed to deliver the Goods) within 60 days of being notified that the Goods are available for collection, we may sell the Goods on your behalf for the best price reasonably obtainable and the proceeds shall be sent to you at your last known address less our reasonable costs or losses.  Our reasonable costs and losses shall include: (i) the difference between the sale price we agreed with you and the actual sale price to the person who buys the Goods; (ii) storage costs; (iii) additional administration and sales cost.

4. Price & Deposit

4.1 – You shall pay for the Goods before collection or delivery of the Goods.

4.2 – The sum payable by you for value added tax (where appropriate) shall be the valued added tax sum payable by us at the time the relevant taxable supply occurs for the Goods and any statement of such tax contained in the Order is an estimate only and may be varied accordingly.

4.3 – The terms set out in this clause 4.3 shall apply to new Goods.

4.3.1 – If after the date of your Order but before the Goods are delivered the manufacturer’s recommend retail price of the Goods increases, we may increase the price payable by you for the Goods. We must however first give you notice of the price increase and you may either accept the price increase and pay the additional sum or decline to pay the additional sum. If you decline to pay the additional sum, we may cancel the Order.

4.3.2 – We may cancel the Order if the Manufacturer ceases to manufacture the Goods.

4.3.3 – We may deliver the Goods with minor alterations to the specification seen in any sample or advertisement. If we are unable to supply any option or accessory, we may either substitute a reasonable equivalent or delete the option or accessory from the Order. If any option or accessory is deleted the Price shall be adjusted by the price of that option or accessory. Our inability to supply an option or accessory shall not entitle you to cancel the Order.

5. Ownership & Risk

5.1 – The Goods shall belong to us until you have paid the full Price and we have received cleared funds.

5.2 – The risk of the Goods shall pass to you when the Goods are delivered to you or your agent or when you or your agent has collected the Goods.

6. Liability

6.1 – Subject to clause 9.3, if we fail to comply with our obligations to you and you are a Consumer we shall only be liable to you for direct losses that you suffer that are foreseeable and an obvious consequence of our breach.

6.2 – Subject to clause 9.3, if we fail to comply with our obligations to you and you are not a Consumer we shall only be liable to you for direct losses that you suffer that are foreseeable and an obvious consequence of our breach. Our maximum liability to you shall not exceed £500.

6.3 – Nothing in this Agreement shall limit your claim for any claim that we cannot legally limit or exclude.

7. Distance & Off Premises Sales

7.1 – Subject to clause 10.7 if you are a UK Consumer and if your contract to purchase the Goods is an Off-Premises Contract or a Distance Contract you have the right to cancel this Agreement within 14 days after the day on which the Goods come into your physical possession or the person that you asked collect the Goods or for us to deliver the Goods to. To exercise this right, you must inform us in writing at our contact address detailed in this Agreement and arrange for the Goods to be returned within 14 days of the date that you cancel this Agreement.

7.2 – To meet the cancellation deadline, it is enough for you to send us your communication concerning your exercise of the right to cancel before the cancellation period has expired. You are not required to, but you may use the model cancellation form below to communicate your cancellation request to us.

Model cancellation form.
To: Motocorsa Limited, The Old Brewery, Wyke Road, Gillingham, Dorset SP8 4NW. 
I/We [*] hereby give notice that I/We [*] cancel my/our contract of sale of the following goods [*] / for the supply of the following service [*],
Ordered on [*] / received on [*],
[Name of consumer(s)],
[Address of consumer(s),]
[Signature of consumer(s)
(only if this form is notified on paper)],
[Date]
[*] Delete as appropriate

7.3 – If you cancel this Agreement in accordance with clauses 10.1 and 10.2, we will, subject to clause 10.4, reimburse to you all payments received from you. You shall be responsible for the costs of returning the Goods to us.

7.4 – We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods).

7.5 – We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees because of the reimbursement.

7.6 – Your right to cancel under this clause 10 shall not be applicable if the Goods have been manufactured to your specification outside of our standard options list.

8. Warranty

8.1 – The goods will have the benefit of such standard warranty that is provided by the manufacturer. Details of that warranty and the applicable terms and conditions are available from us on request.

9. General

9.1 – Where we cancel an Order under any of our rights to cancel detailed in this Agreement, we shall return your deposit, but shall not have any other liability to you.

9.2 – This Agreement constitutes the entire agreement between you and us in relation to the Goods. No other terms apply. You acknowledge that details or descriptions of the Goods on any website or in brochures are for illustrative purposes only. Subject to clause 9.3 we shall not be liable in respect of any negligent or innocent omission or misrepresentation.

9.3 – you for any breach of this Agreement or for any delay in performing our obligations in respect of the Goods, if the delay or failure was due to any cause beyond our reasonable control.

9.4 – If any of the terms in this Agreement are found by a court, tribunal or other administrative body to be unenforceable or invalid for any reason, that provision is to be removed from the Agreement and the remaining terms of the Agreement will remain in full force.

9.5 – Any notices under this Agreement shall be sent to the person and addresses set out in the Order Form. They may be given by first class post and shall be deemed received within four days after posting.

9.6 – This Agreement is not enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

9.7 – This Agreement will be governed by the law of England and Wales and is subject to the exclusive jurisdiction of the English Courts.

Where you are a UK consumer, it is our responsibility to supply you with goods that meet your consumer rights. If you have any concerns that we have not met our legal obligations, please contact us