Visconti and Fornelli Limited T/A LV Custom , Company Registration No: 10230269 (registered in England and Wales) and operating as LV Custom (“LV Custom”, “we”, “our” and “us”) operates a motorcycle shop and provides customers with a range of services and goods to be purchased (“Service”)
LV Custom policies, general terms and conditions
This extract of the general terms and conditions of sale and services is issued and posted on the premise of the company LV Custom and accessible to customers and present on the website www.lvcustom.co.uk (“Site”).
By using our Site, you confirm that you accept these terms and that you agree to comply with them.
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.
LV Custom fulfills customer order in accordance with our obligations under the Sale of Goods Act 1979 and the Supply of goods to Consumers regulation 2002.
Legal jurisdiction: all our customer contracts are governed by English law and shall fall under the exclusive jurisdiction of the courts of England.
These conditions apply to all sales and services, accessories (which may be cited below as products, parts, goods, panels), services provided by LV Custom for its customers (which may be cited below as client, buyer) professionals or individuals.
Any contrary conditions and in particular, any particular general conditions emanating from the customer, including its possible conditions of purchase and purchase orders are not opposable to the company LV custom, except prior written acceptance.
Provisions relating to the general conditions of sale.
Article 1 - ORDER, ESTIMATE, DEPOSIT
[1.1] To be valid, all orders must be accepted in writing by LV CUSTOM. The benefit of the order is personal to the customer and the customer cannot assign or transfer the right under the order.
[1.2] The orders are effective and take date, for the delivery and the guarantee of estimate, only after being signed by a representative of the company and the customer at which point a legally enforceable contract commences (“Contract”).
[1.3] The price of the Service provided shall be the price agreed between the Company and the Buyer, at the time the Buyer agrees to work being carried out. However, the Buyer agrees and acknowledges that this price is dependent upon any changes in parts prices, or change in specialist charges, which may come into effect at the time the work is completed and which is beyond the control of the Company as such the price may change.
[1.4] The Company may, within their sole discretion,demand a deposit of 50% before commencing any work. The customer shall co-operate with the Company in all matters relating to the Services. LV custom reserves the right to require the payment of a deposit of 50% of the amount due according to the importance of the order. When an order of parts, products, special material, paint or accessories is made, the payment of the total amount will be required before proceeding to the order.
[1.5] Estimates are valid for 15 days of the date given and are subject to change. If instructions are not received from a customer (in response to an estimate rendered) within 24 hours, the Company reserves the right, at their sole direction, to invoice for any storage charges from the date that the vehicle was received until its collection.
[1.6] The Customer agrees and acknowledges that a rough estimate can be made by email to please the customer, however this rough estimate is subject to final confirmation upon receipt of the motorcycle, parts or support. The estimate will be made only after our experts have been able to evaluate properly the motorcycle, panels, supports in person.
[1.7] All estimates by the Company are subject to change caused by variations to the Company of labour, material, spare parts at the date of estimate or any other events outside the reasonable control of the Company. In the event of any variation occurring before or after acceptance of the estimate the Company may if it thinks fit require the Customer to pay on completion of the work any increase due to such variation. If no estimate is provided or if part only of the work covered by the estimate is carried out the Company shall be entitled to charge a reasonable and proper price for the work done (including any stripping down leading to determination as to the practicability or otherwise of any work and reassembly) and for materials and spare parts supplied. The Company may refuse to carry out all, or part of any work for any reason whether or not an estimate has been provided.
[1.8] Work authorization
Any additional work will need to be authorized by the customer due to fact the vehicle being on site and the customer not, we will accept authorization over the telephone or by email, and the Customer takes our word on the authorisation as final.
[1.9] All parts removed by the Company in the course of the repair shall, if not claimed by the Customer within 24 hours after the completion of the repair be deemed to be owned by the Company and they shall become the Company’s absolute property. Parts returned are subject to a handling charge. Parts specially ordered are not returnable.
[1.10] Once the booking is made, if the client misses his appointment it will be rescheduled, if the second appointment rescheduled is missed again 40% of the estimate will be charged and if a deposit has been made it won’t be refundable.
[1.11]. Damage Liability/Damage to vehicle
The Customer is responsible for checking their vehicle for any damage before it leaves the Company premises. Once the vehicle leaves the Company premises on completion of work, there will be no liability by the Company.
[1.12] Built: 50% of the final price will be requested upon drop-off, or the total amount of the parts if this represents more than 50% of invoice if estimate is over £500 (all parts must be paid for in full before an order is made). The remaining payments will be scheduled. All delayed payments will stop the work process. If payment has been delayed by 1 week or more, we reserve the right to charge storage fees of £20/day. The Company reserves the right to also charge penalty interest at the rate of 8% above the rate of the Bank of England.
[1.13] Mechanic: LV CUSTOM does not provide mechanical services and we shall not be held liable in any way for any mechanical faults or failures. Mechanical parts can be ordered through the company to accommodate Customer, however they will not be fitted by LV CUSTOM. The client must ensure that their bike is in perfect working condition before bringing to the workshop. If mechanical parts or screws are missing, LV CUSTOM does not accept any liability or responsibility. The client must ensure their bike is in perfect riding condition before engaging our Services and complies with the UK Road Legislation.
[1.14] Prices are given as an estimate (via email) or a rough estimate (indicative of price). This is NOT the final price. Following the time spent on each part, the final price may vary.
Article 2 - DELIVERY and COLLECTION
[2.1] The delivery of any job entrusted may vary. Please consider that depending on the complexity of the task or unexpected works occurring, the works can be delayed. The customer acknowledges and agrees that we are not held liable for any delay in any delivery whatsoever for a reason that is due to an event outside our reasonable control.
[2.2] Every effort will be made to provide the Goods and/or Services by the estimated time, however time is not of the essence in this contract, and the Company shall not be liable for any delay in completing the Goods and/or Services. Risk passes to the Customer upon delivery or where relevant on collection. The Company will not be held liable for any delay caused by outside influences i.e. goods not delivered in time, sent incorrectly or sub-contractor work. The client will be kept informed about the potential collection when it is possible. Title to the goods passes only when the full payment for all services has been mae by the Customer.
[2.3] The responsibility of LV CUSTOM cannot be engaged in case of delay or suspension of delivery attributable to the customer in case of forces out of control.
[2.4] LV CUSTOM reserves the right of partial delivery without any penalty being applied to LV CUSTOM .
The customer must immediately check the conformity of the product with his order worth. The Customer is responsible for checking their vehicle/parts for any damage before it leaves the Company premises. Once the vehicle leaves the Company premises on completion of work, there will be no liability by the Company.
All apparent or missing delivery defaults must be expressly formulated by the customer upon delivery and indicated on the invoice, otherwise, no claim, compensation or potential complaint will be considered.
[2.5] Disliked colour or design : LV CUSTOM provides a bespoke service and are unable to accept return request based on dislike of style or colour. You acknowledge and agree that the colour will not be a cause of complaint in respect of the Services so long as we have used the colour code that you have agreed to.
[2.6] The client is responsible for providing the correct colour code if it has to be provided, for picking up the correct colour for their motorcycle if they have to pick it up. The client needs to make sure they like the colour before the order is placed. If a panel needs to be painted to match the rest of the bike, even if the client provides the color code, the client must provide another part of the bike to ensure the perfect color match. When a paintwork order is made for an original paint on a single part, the client has to make sure the colour ordered will match the other panels, the client has to consider the fact that the bike could have already been repainted in the past, even if they haven’t been informed. The client has to consider the time factor fading the colours, which can result in a different colour than the original one. In the case where the colour would not match the others panels, LV CUSTOM shall have no responsibility for any mismatch of colour and all requests of potential refund or free fixing will be rejected absolutely, in this case the works will be done again at the expense of the client.
[2.7] Special paint type - Candy paintwork: The final colour and darkness of the finish depends on the colour and darkness of the base-coat, the amount of tint in the candy coat, the layers of candy coats applied, any variation of the thickness of the candy paint will appear as streaks or dark/light patches in the final finish. Due to this, in case of partial candy paintwork, LV CUSTOM advises to respray all panels for the perfect colour match. In case of partial paint, LV CUSTOM can guarantee a very close colour match however in this case if the panels do not match perfectly, LV CUSTOM declines all responsibility and all requests of potential refund or free fixing will be rejected; the respray will be at the expense of the client.
[2.8] Paintwork - The client has to make sure the bike and its panels haven’t been cleaned up with unappropriated products composed of silicon that will leave a greasy coat and create a chemical reaction with the paint as it would create a reaction with the paint - silicone- alter the finish. on highly solicited parts of the bike, treatments may show signs of wear/coming off. This is natural.
[2.9] In the case stated in [2.8] LV CUSTOM declines all responsibilities and all claims will be rejected. You agree that we will not be liable for claims regarding paintwork.
[2.10] Fuel tank and leak: On old fuel tank or damaged bike a leak can create a reaction such as bubble on the fresh paint and damage it. No one can predict upfront if it is going to happen or not. In that case a resin will be needed to be applied to make the tank impermeable again. If the paintwork has to be redone, LV CUSTOM will charge the resin, plus labour plus the paint cost. The paintwork labour will be free of charges.
[2.11] Broken plastic panels can be repaired but we do not recommend it as the part will remain fragile, also due to vibration of the bike and the quality of the panel, the panel repaired can break again.
At the request of the client, the company can repair the plastic parts, however the repair won’t be guaranteed.
[2.12] Lacquer: the client must be aware that lacquers are not fuel resistant and rust proof, lacquer must carefully be treated to avoid damages or scratches. If damages would occur and require a respray, it would be at the expense of the client.
[2.13] Powder coat and Cerakoting treatments: the powder coat and Cerakoting treatments are chemical treatments creating a strong coat of color on a part, it is stronger than the regular paint however it must be treated carefully as they are not lifetime guaranteed. On metals, transparent powder coat can oxidize the paint and create a colour change which cannot be anticipated upfront. Any work engaged to remove this treatment will be charged to the client. During cerakote treatment, parts will be suspended in order for work to be carried out. Doing so may leave a small mark being the suspension point.
[2.14] Custom Design: If a customer is requesting a custom/bespoke design by LV CUSTOM that cannot be provided by the company, a designer will be offered to the customer. Quote will be given upon request.
[2.15] Parts and accessories
To support clients, LV CUSTOM can potentially accept parts, vinyl or accessories provided by the client. LV CUSTOM doesn’t guarantee them, any default, part not working or not fitting well will remain the client responsibility and the labour and products won’t be refundable. The company works with its products and paints, paint or products provided by the client won’t be accepted.
[2.16] Dust: Due to the workshop environment some dust can remain on the bike /part at the end of the works, the dust will be blown out on the collection day, cleaning service is not provided and all claims regarding dust will be rejected. LV CUSTOM will do their best to keep the bike as tidy as when it has been dropped-off but shall not be held liable for any dust damage.
[2.17] Home delivery/collection: LV CUSTOM does not provide a home delivery and collection home service. If this service is necessary it will be at the expense of the client. If a client does not collect his bike on time LV CUSTOM will use a company to deliver the bike to the chosen address of the client at the expense of the client.
[2.18] Work: Quotes for insurance will be charged 10% of the total amount of the quote, amount deductible from the final invoice once the work planned will be done.
[2.19] During the work undertaken after agreement repairs and supplies if any services, parts or any modification of the order is added by the client, it will represent an extra charge invoiced on the final invoice. LV CUSTOM agrees not to proceed with any unforeseen operation without having drawn up an additional estimate. In case of acceptance of the estimate it will be asked a third of the amount of the service. The costs of the estimate as well as the disassembly and reassembly costs are at the expenses of the customer.
Any resting of faulty parts, of any system or organ on the product [mechanical, electrical ...] having an anomaly and having been disassembled or disassembled for a diagnostic need or for accessing another part, or repairing another part, or in preparation of an estimate, can in no case return the parts or the system in question to its state before disassembly or disassembly.
[2.20] LV CUSTOM reserves the right to refuse the execution of certain interventions that could be discovered during the work. The client would then be informed.
[2.21] Obligation of the parties: LV Cusotmer undertakes to carry out the work requests according to the rules of the art and to respect the deadlines of intervention agreed with the customer, except in case of force majeure, defects or delay of supply, delay due to the sub- dealer or supplier, or difficulties detected on the product / vehicle.
[2.22] In all cases LV CUSTOM agrees to notify the customer as soon as possible by phone or email but shall not have any liability for the event or for any delay in the notification.
[2.23] The customer agrees to pay at the collection of the product the full invoice amount due, resulting from work performed and storage cost, amount displayed in the premises of LV CUSTOM.
[2.24] In case of refusal to pay the full invoice amount, the service provider is authorised to disassemble the new parts on the product, without prejudice to any legal action.
[2.25] Collection: within 5 working days from the date of the completion of the Services, unless stated and agreed otherwise directly with LV CUSTOM resulting in the storage fee being waived. If collection does not happen within the allotted time, the storage fee will apply for all bikes and parts (see storage fee section [5.2]).
Article 3 - RETURNS, REFUNDS, CLAIMS
[3.1] You acknowledge and agree that any goods or part of goods that are customised cannot be returned or refunded. This does not affect your statutory rights and does not apply to faulty parts.
[3.2] Disputes procedure and Jurisdiction
Any and all contracts entered into between the Company and the Buyer shall be governed by the laws of England and Wales and all disputes arising out of any contract between the Company and the Buyer shall be subject to the exclusive jurisdiction of the courts of England and Wales. In the event that the Buyer is dissatisfied with any repair or service carried out by the Company, the Buyer should first make contact with the Company in order to try and resolve the matter. The Company has a complaints procedure in place.-It also complies with the Data Protection Act. Requests for returns and refunds must initially be supported by a proof of purchase.
[3.3] In case of refund, the client will be eligible for a full refund less the cost of any shipping costs previously incurred as these are considered complete at that point. LV CUSTOM retains full discretion on whether a product is deemed faulty or not.
[3.4] Orders will only be refunded by the original method of payment less the cost of any credit card fee.
[3.5] All complaints should be put in writing for resolution providing details and proof of purchase.
[3.6] Any claims regarding the completed work by LV CUSTOM will be investigated. The final decision will be at the discretion of LV CUSTOM. All claims must be reasonable and the customer shall provide full cooperation in the resolution of the matter.
[3.7] At point of collection, if customer is unhappy with any part of the service or work (paint colour etc.), the customer must raise the claim within 3 days of collection to be offered a fixing free of charge.
[3.8] Any claims made that cannot be seen with the naked eye will not be accepted.
Article 4 - GUARANTEE
[4.1] The guarantee relative to the general conditions of sale consists in the exchange or the repair of the parts whose defect is established that it is due to a defects of use or assembly.
[4.2] If a part has a defect covered by the warranty, the customer must contact LV CUSTOM. Interventions made under the guarantee do not have the effect of prolonging it.
[4.3] The guarantee does not cover:
-the work of adjustment, debugging, maintenance or replacement of wear parts.
- temporary repairs whose nature is confirmed by the client's signature on the repair order.
-the legal changes that may be imposed.
[4.4] An operating error or inappropriate use of the product by the customer, the latter must comply at all times with the instructions for use, pay attention to taking care of the product during daily actions or handling according to the instructions vendor and manufacturer.
-the natural wear of the product under normal operating conditions.
-intervention by third parties
Any warranty that applies to parts, the term of the warranty will be denoted by the manufacturer.
In the event of a potential claim, you should notify us immediately whereupon the defect will be assessed and repaired free of charge by the Company providing the exclusions do not apply. Any repairs by an alternative organization will only be permitted with prior express authorization by the Company. Your statutory rights are not affected.
Article 5 - PAYMENT
[5.1] Payment for all Goods and/or Services, repairs and/or spare parts supplied is due on completion of work. The goods and/or Services, repair is completed for the purpose of these terms and conditions when notice has been given that the vehicle is ready for collection. All Goods and/or Services shall remain the absolute and unencumbered property of the Company until such time as the Company has received cleared payment in full from the Customer in respect of such Goods and/or Services. Title shall only pass to the Customer upon full payment.
[5.2] Vehicle Storage
The Company will invoice £25.00 + VAT per day for the storage of any vehicle not collected within an agreed collection time following completion of agreed work. After 30 days of overdue payment, storage charges may apply..
Article 6 - REMEDIES FOR LATE PAYMENT
[6.1] Penalty interest on commercial debt shall accrue from the date of the invoice, unless a written agreement is in place between the Company and Buyer giving an agreed payment period of 28 days. Interest will accrue from day to day, until the date of payment, at the statutory rate (8% above the base rate of the Bank of England applicable on the date the debt becomes due). This figure may change from time to time, dependent upon the interest figures in force by Bank of England at the time payment of invoice is due. Interest will accrue until settlement is reached or until any Court Judgment is made.
[6.2] In the event that any invoice is not paid on, or before, its due date, then all sums due and owing to the Company from the Buyer shall become immediately payable and subject to clause [5.1] above.
[6.3] The Company shall be entitled to recover from the Buyer all administrative, collection and legal costs incurred by it in recovering overdue amounts and all sums that become immediately payable under clause [5.2] above.
[6.4] Without prejudice to any of the Company’s other rights, the Company may, in the event that any sum is not paid, on or before its due date, suspend the service it provides to the Buyer. Any parts, or equipment, provided to the Buyer by the Company remain the property of the Company until all amounts owed are paid.
[6.5] Buyer to have 7 days to pay invoice from date of issue. Buyer to receive warning letters on 14th, 21st and 28th day after issue of invoice if unpaid.
[7.1] LV CUSTOM takes the confidentiality of personal data very seriously. We limit access to personal information about the customer to employees who we believe reasonably need to come into contact with the information to provide products or services to you in order to do their jobs
[7.2] Any personal data collected is used in accordance with the data protection legislation.
[7.3] At LV CUSTOM we believe that CCTV plays a legitimate role in helping to maintain a safe and secure environment for all our staff, guests, customer and suppliers. Images recorded by CCTV are personal DATA and as such must be processed with data protection laws.
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.