Terms and Conditions FBW Parts

These terms apply to every order placed with FBW Parts. We have kept them as short and clear as possible. Have a question? Feel free to call or email us.

Article 1 – Definitions

In these terms and conditions:

• FBW Parts: the business named in Article 2, seller of (moped) parts through the webshop.
• Customer: any natural person or legal entity that places an order or enters into an agreement with FBW Parts.
• Consumer: a Customer who is not acting for purposes related to their trade, business, craft or profession.
• Business customer: a Customer who is acting in the course of their profession or business.
• Webshop: the FBW Parts website on which products are offered, www.fbwparts.com.
• Distance contract: an agreement concluded via the webshop, email or telephone, without the Customer and FBW Parts being physically present at the same time.
• Cooling-off period: the 14-day period within which the Consumer can exercise their right of withdrawal.
• Right of withdrawal: the Consumer's right to cancel the distance contract within the cooling-off period.
• Custom work: a product made or modified to the Customer's specifications, such as parts powder-coated in a chosen colour or made to measure.
• Day: calendar day. Working day: Monday to Friday, excluding Dutch public holidays.

Article 2 – Applicability

1. These terms apply to every offer made by FBW Parts and to every agreement between FBW Parts and the Customer.
2. Before the agreement is concluded, FBW Parts makes these terms available in the webshop in a way that allows the Customer to save and print them. On request, FBW Parts will send them free of charge.
3. Deviations from these terms apply only if FBW Parts has confirmed them in writing or by email.
4. The general terms and conditions of a Business customer do not apply unless FBW Parts has expressly accepted them in writing.
5. If a provision is void or annulled, the remaining provisions continue to apply. That provision is then replaced by a valid provision that comes as close as possible to its original intent.
6. For Consumers, mandatory statutory rights always take precedence. Nothing in these terms limits those rights.
7. The version that applies is the one in force at the time the order was placed.

Article 3 – Offer, prices and product information

1. The offer in the webshop is without obligation and valid while stocks last.
2. Prices for Consumers are in euros, including 21% VAT and excluding shipping costs. The Customer sees the shipping costs in the shopping cart before ordering.
3. Obvious mistakes or errors in the offer, such as a clearly incorrect price, do not bind FBW Parts.
4. After the agreement has been concluded, FBW Parts will not increase the price, except in the case of a statutory change such as a different VAT rate.
5. Images are as accurate a representation as possible, but colour and finish may differ slightly.
6. For each product, FBW Parts states whether it is an original part, a replica/reproduction (aftermarket copy), an NOS part (new old stock: old, never-used stock) or a used part.
7. FBW Parts lists part numbers and applications (make, model, year of manufacture) to the best of its knowledge. The Customer checks for themselves, before ordering and before fitting, whether the part fits their vehicle. If in doubt, the Customer can ask for advice beforehand at [email protected].
8. Technical advice from FBW Parts is given with care but without obligation. The Customer remains responsible for fitting and for use on public roads. Parts labelled as racing or competition parts, or that increase the power or speed of the vehicle, are not permitted on public roads.

Article 4 – Formation of the agreement

1. The agreement is concluded as soon as the Customer places the order and thereby accepts the offer.
2. FBW Parts confirms the order by email immediately. As long as the Customer has not received this confirmation, they may cancel the agreement.
3. If an ordered product turns out to be unavailable after all, FBW Parts will report this as soon as possible. The Customer can then choose an equivalent alternative or cancel free of charge. Any amount already paid will be refunded within 14 days.
4. FBW Parts may refuse an order, stating its reasons, or attach special conditions to it, for example if fraud is suspected. FBW Parts will notify the Customer of this within 3 working days of the order.

Article 5 – Payment

1. The Customer pays using the payment methods offered in the webshop: iDEAL, Bancontact, credit card, PayPal, bank transfer.
2. Business customers paying by invoice pay within 14 days of the invoice date, unless otherwise agreed in writing.
3. If a Consumer does not pay on time, FBW Parts first sends a free reminder with a payment term of 14 days. Only after that is statutory interest due, and may FBW Parts charge collection costs in accordance with the statutory scale.
4. If a Business customer does not pay on time, they owe the statutory commercial interest and reasonable collection costs without any notice of default being required.
5. The Customer reports any inaccuracies in payment details or invoices to FBW Parts immediately.

Article 6 – Delivery and shipping

1. FBW Parts ships worldwide. If the Customer's country is not listed in the webshop, they can get in touch for a quote.
2. Orders over €149 are shipped free of charge within the Netherlands. For other orders and countries, the shipping costs shown in the shopping cart apply.
3. If the product is in stock and the order is paid on a working day before 16:00, FBW Parts will try to ship it the same day. This is a best effort, not a guarantee.
4. FBW Parts delivers within 30 days at the latest, unless a different term has been agreed. If this is not possible, the Consumer may cancel the agreement free of charge and will receive any amount already paid back within 14 days.
5. FBW Parts may deliver in instalments. For Consumers, a partial delivery costs nothing extra.
6. The risk of loss of or damage to the product passes to the Consumer as soon as the product has been delivered to them or to a person designated by them. For a Business customer, the risk passes as soon as the product has been handed over to the carrier.
7. For deliveries outside the European Union, import duties, VAT and customs clearance charges of the destination country may apply. These are for the Customer's account.
8. The Customer checks the shipment on receipt. Visible transport damage or a missing product must be reported as soon as possible, preferably within 2 working days, with photos.

Article 7 – Right of withdrawal (Consumers only)

1. The Consumer may cancel a distance contract within 14 days without giving a reason. The cooling-off period starts on the day after receipt of the product. If the order consists of several shipments, the period starts after receipt of the last shipment.
2. During the cooling-off period, the Consumer handles the product with care. They may unpack and inspect it as they would in a shop, but must not fit or use it. Doing so does not cancel the right of withdrawal, but the Consumer is liable for any loss in value caused by handling the product beyond what is necessary. For a part that has been fitted or used, this loss in value may be the full purchase price. This applies in particular to electronic parts such as ignitions, coils, regulators, CDI units and speedometers: once these have been connected or fitted, FBW Parts can no longer sell them as new, and the loss in value is as a rule the full purchase price.
3. FBW Parts asks that the product be returned well packaged and in its original packaging.
4. The Consumer notifies FBW Parts within the cooling-off period that they are cancelling the agreement: by email to [email protected], via the contact form or using the model withdrawal form in the appendix. They state their order number and which product they are returning.
5. Within 14 days of that notification, the Consumer returns the product to FBW Parts, Patronaatsstraat 28, 7131 CH Lichtenvoorde, the Netherlands. The cost of returning the product is borne by the Consumer. The burden of proving timely return lies with the Consumer, so they should keep the proof of shipment.
6. FBW Parts refunds the purchase price within 14 days of the notification. If the Consumer returns the entire order, the original shipping costs (standard delivery) are also refunded. If the Consumer chose a more expensive shipping method, the extra cost does not have to be refunded.
7. FBW Parts may withhold the refund until it has received the product or until the Consumer has shown that they have returned it, whichever is earlier.
8. FBW Parts refunds using the same payment method the Consumer used, unless the Consumer agrees to a different method. This costs the Consumer nothing.
9. The right of withdrawal does not apply to:
   • Custom work, such as parts powder-coated in a chosen colour, painted or made to measure;
   • products that, by their nature, have been inseparably mixed with other products after delivery;
   • sealed products that are not suitable for return for health or hygiene reasons and whose seal has been broken.
10. FBW Parts clearly states any exception under paragraph 9 with the product, before the Consumer places the order.

Article 8 – Business customers and returns outside the cooling-off period

1. Business customers have no right of withdrawal.
2. A Business customer may only return a product with the prior written consent of FBW Parts, in the manner FBW Parts specifies. The product must be new, unused, unfitted and complete, in its original undamaged packaging. Electronic parts are not accepted for return from Business customers.
3. FBW Parts may deduct a 20% handling fee, with a minimum of €20, on a return from a Business customer.
4. A return outside the cooling-off period (Consumer) or without consent (Business customer) is a goodwill gesture by FBW Parts, not a right. This does not affect the statutory warranty under Article 10.

Article 9 – Warranty, conformity and fitting

1. FBW Parts guarantees that products conform to the agreement, to the description in the webshop and to what the Customer may reasonably expect (the statutory warranty). An additional manufacturer's or brand warranty does not limit these rights.
2. The Consumer reports a defect within 2 months of discovering it. A defect that comes to light within 1 year of delivery is presumed to have been present at the time of delivery, unless FBW Parts proves otherwise.
3. In the case of a justified complaint, the Consumer chooses repair or replacement, unless this is impossible or disproportionately expensive. If repair or replacement is not successful, the Consumer is entitled to a price reduction or to cancel the agreement. The cost of returning the product is then borne by FBW Parts.
4. The Customer first contacts FBW Parts, stating the order number, a description and preferably photos. Please only return a product after consultation, so that FBW Parts can offer a quick solution.
5. Engine parts require expertise. FBW Parts strongly recommends having parts fitted by a qualified person, using the correct (special) tools and following the applicable fitting and running-in instructions.
6. The following do not constitute a defect within the meaning of this article — damage resulting from:
   • incorrect or unprofessional fitting, or failure to follow fitting or running-in instructions;
   • normal wear and tear, such as of brake linings, clutch plates, spark plugs, chains and sprockets;
   • misuse, overloading, incorrect connection of electronic parts, an incorrect fuel-oil mixture, accidents or use in competitions;
   • modifications to the product or tuning the vehicle beyond legal limits.
7. Used and NOS parts are supplied in the condition described. With NOS parts, rubber and plastic components may have hardened due to their age; this is not a defect unless the description promises otherwise.
8. If, after investigation, it turns out that there is no defect for which FBW Parts is responsible, FBW Parts may charge the reasonable costs of investigation and return shipping, but only after informing the Customer of this in advance.
9. For Business customers, a warranty period of [to be completed, e.g. 6] months after delivery applies. The Business customer reports visible defects within 8 days of delivery.

Article 10 – Liability

1. The liability of FBW Parts is limited to the invoice amount of the product to which the damage relates.
2. Towards Business customers, FBW Parts is not liable for indirect damage, such as consequential loss, loss of profit, downtime, fitting and removal costs or damage to other parts.
3. These limitations do not apply in the event of intent or deliberate recklessness on the part of FBW Parts or its management.
4. Towards Consumers, these limitations apply only to the extent permitted by law. Statutory rights, such as in the case of product liability or a defect, remain unaffected.
5. FBW Parts is not liable for damage caused by fitting, adjustment or use by the Customer or third parties, unless that damage results from a defect in the product.
6. If FBW Parts cannot perform due to force majeure, the obligation is suspended. If the force majeure lasts longer than 2 months, either party may cancel the agreement free of charge. Any amount already paid will then be refunded.

Article 11 – Retention of title

1. Delivered products remain the property of FBW Parts until the Customer has paid everything they owe under the agreement.
2. As long as ownership has not passed, the Business customer may not pledge or otherwise encumber the products, except for resale in the ordinary course of their business.

Article 12 – Complaints and disputes

1. The Customer reports complaints about the performance of the agreement as soon as possible, fully and clearly described, to [email protected].
2. FBW Parts acknowledges receipt and responds substantively within 14 days. If more time is needed, FBW Parts will let the Customer know within that period when they can expect a reply.
3. FBW Parts and the Customer first try to resolve a dispute together.
4. If no solution is reached, the dispute may be submitted to the competent court. For Business customers, this is exclusively the District Court of Gelderland. The Consumer may always choose the court that has jurisdiction by law.

Article 13 – Privacy, intellectual property and governing law

1. FBW Parts processes personal data in accordance with the General Data Protection Regulation (GDPR) and the privacy statement in the webshop.
2. Texts, photos, fitting tips and other content of the webshop are the property of FBW Parts or its suppliers. Copying without written permission is not permitted.
3. Brand and model names are used only to indicate which vehicle a part fits. FBW Parts is not an official dealer of those brands, unless expressly stated.
4. All agreements are governed by Dutch law. The Vienna Sales Convention (CISG) is excluded.
5. If the Consumer lives in another country, they retain the protection of the mandatory rules of the law of that country.