These general terms and conditions (the “General Conditions”) apply when you as a consumer (the “Customer”) place an order via https://www.kennedymotorcycles.com/ and related pages, (the “Website”). Detailed contact information and other information about Kennedy Motorcycles are set forth on the Website. The General Conditions are only applicable for Customers that are consumers.
The Customer must be minimum 18 years old to order via the Website. Kennedy Motorcycles does not accept any credit purchases by persons below 18 years of age. Kennedy Motorcycles reserves the right to deny or change a Customer’s order (e.g. if the Customer has provided incorrect personal data and/or has any record for non-payment of debt).
Kennedy Motorcycles shall have no liability in case products are sold out, nor for image or typographical errors on the Website, e.g. errors in the product description or technical specification, inaccurate prices and price adjustments (such as changed prices from suppliers, change in currencies) or incorrect information with regards to whether a product is in stock. Kennedy Motorcycles is entitled to rectify any such errors and, at any time, to change or update the information. If an inaccurate price has been stated for a product ordered by the Customer, Kennedy Motorcycles will naturally notify the Customer accordingly and await the Customer’s approval of the amended price prior to Kennedy Motorcycles continuing with the order process. All images on the Website shall be considered solely as illustrations. Such illustrations do not guarantee to reproduce the exact appearance of the product. Kennedy Motorcycles is not responsible for any information by third parties provided for on the Website.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction.
Our store is hosted on Woo Commerce. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
A purchase agreement is concluded when Kennedy Motorcycles has confirmed the Customer’s order and the Customer has received an order confirmation from Kennedy Motorcycles via e-mail. Kennedy Motorcycles encourages the Customer to save the order confirmation for any future contacts with Kennedy Motorcycles customer service regarding the order. The Customer is entitled to cancel their order up until it has been confirmed by Kennedy Motorcycles. If the order is cancelled, Kennedy Motorcycles will refund any payments the Customer or their pay – or credit card company has made with regard to the order.
The prices stated on the Website apply to orders placed on the Website. All prices are presented in Euro.
Kennedy Motorcycles is not responsible for any local country specific charges such as VAT, customs or handling. Such charges are the sole responsibility of the customer. Prices for our products are subject to change without notice.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of product supply.
The Customer can pay for their purchase in the manner specified on the Website. Kennedy Motorcycles is entitled to charge the Customer already in connection with the order, unless invoicing or any similar payment method has been selected by the Customer and approved by Kennedy Motorcycles. Upon invoicing or partial payment, Kennedy Motorcycles or its partners may obtain a third party credit report. In such a case, you will be informed accordingly. Kennedy Motorcycles reserves the right not to offer all payment methods at all times, alternatively change payment method if the payment method the Customer has selected does not work, for whichever reasons, at the time of fulfilment of the order. Please note that limitations of available payment methods are set forth on the Website.
Products in stock are normally delivered within the number of working days set forth on the Website. Unless otherwise agreed, delivery will be made no later than 30 working days after Kennedy Motorcycles has confirmed the order in writing through the order confirmation.
The expected delivery time is set forth in the order confirmation, or on the current product page on the Website. Unless otherwise expressly agreed and if a delivery is delayed for more than 30 working days and it is not due to you as Customer, you are entitled to cancel the purchase.
When purchasing products on the Website, the Customer has a 14 – day withdrawal period. This means that the Customer has the right to cancel any purchase by notifying Kennedy Motorcycles accordingly within 14 days from when the Customer or their representative received the product ordered (withdrawal period).
If the Customer wishes to withdraw a purchase, the Customer shall, prior to the expiry of the withdrawal period, send a clear message to Kennedy Motorcycles. The Customer shall provide their name, address and other relevant information, e.g. order reference, invoice number and the name of the product in the message.
If the Customer uses their right of withdrawal, the Customer shall pay for the return shipping costs and is responsible for the condition of the product after the Customer has received the product and during the return shipping. The product shall be returned within 14 days from the date when Kennedy Motorcycles was notified of the withdrawal. The product shall be sent well packaged, in good condition and in its original box and/or packaging. Any returns shall be sent to Kennedy Motorcycles or our Suppliers in accordance with the methods and directions set forth by Kennedy Motorcycles
When the Customer withdraws their purchase, Kennedy Motorcycles will refund the amount the Customer has paid for the product. Kennedy Motorcycles is entitled to deduct an amount from the amount to be refunded, which corresponds to the depreciation in value of the product compared to the original value of the product, if and to the extent such depreciation in value is due to Customer having handled the product to a greater extent than necessary to determine its quality.
Kennedy Motorcycles will pay back the amount without undue delay, however, no later than within 14 days from the date Kennedy Motorcycles received the Customer notification of withdrawal. However, Kennedy Motorcycles may delay repayment until Kennedy Motorcycles has received the product or the Customer has provided proof that the product has been returned, e.g. by means of certificate of delivery. Repayment will be made to the Customer by the payment method chosen by the Customer, unless otherwise agreed or if there is any objection for such a repayment.
The right to file a complaint applies to products which are defective according to applicable consumer protection legislation. Any Customer who wishes to assert their right to file a complaint for any product ordered shall contact Kennedy Motorcycles, as soon as possible after discovering the defect using the contact information set forth on the Website. Complaints made within 5 days of the time the defect was discovered are always considered to have been made in a timely manner.
Kennedy Motorcycles will assume the cost for the return freight for any approved complaints.
Once a product, for which a complaint has been filed, is returned and the complaint approved, Kennedy Motorcycles will refund the Customer in compliance with applicable consumer protection legislation. Kennedy Motorcycles strives to do so within 14 days from receipt of the complaint by Customer, but it may be delayed depending on the nature of the product. Kennedy Motorcycles reserves the right to refuse any complaint if the product, in compliance with applicable consumer protection legislation, proves not to be defective.
Kennedy Motorcycles is not liable for any delays caused by circumstances beyond Kennedy Motorcycles control, e.g. general labour dispute, extreme weather, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power-/tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above. Such circumstances shall result in relief from damages and other measures. If any such situation should arise, Kennedy Motorcycles shall inform the Customer accordingly both at the beginning and the end of the period for the current situation. If the situation has lasted for more than two months, both the Customer and Kennedy Motorcycles are entitled to terminate the purchase with immediate effect.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Kennedy Motorcycles reserves the right to change these General Conditions at all times. Any changes to these General Conditions will be posted on the Website. Changes will become valid once the Customer has accepted the General Conditions (in connection with a new purchase or while browsing the Website), alternatively 30 days after Kennedy Motorcycles has informed the Customer of the changes. However, Kennedy Motorcycles recommends that the Customer regularly remains updated on the Website in order to become aware of any changes to the General Conditions.
You agree to indemnify, defend and hold harmless Kennedy Motorcycles and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
These Terms & conditions and any separate agreements whereby we provide you shall be governed by and construed in accordance with the laws of The Republic of Ireland whereby the legal part is Kennedy Motorcycles, 6 Dyer Street, Drogheda, Co Louth, Ireland.
If any provision of this Agreement is held to be invalid or unenforceable by any competent court, authority or arbitral tribunal, the remainder of that provision and all other provisions will remain valid and enforceable to the fullest extent permitted by applicable law. Any provisions determined invalid or unenforceable will be substituted by relevant legal guidance and advice.