Terms & Conditions
MSS PERFORMANCE LIMITED. – TERMS & CONDITIONS
TERMS &
CONDITIONS FOR USE & SALES
OUR WEBSITE – MSS PERFORMANCE.COM
- Your use of this website and any
service contained within constitutes acceptance of these Terms &
Conditions. - Last update: 10.01.2025
DEFINITIONS
- The Company/Seller/We/Us shall mean MSS
Performance Limited, 6 Commerce Way, Colchester, Essex, CO2 8HH. Company
Registered in England and Wales 8899578. VAT Registered GB183813689. - Any reference to You/Buyer/Purchaser
shall mean any person, sole trader, and partnership, business that buys or has
agreed to buy our goods. - Conditions shall mean these
Conditions of Sale. - Goods shall mean items of any nature
that the Purchaser buys or has agreed to buy from the Company.
DISCLAIMER OF WARRANTY
Racing parts are provided “as is” without warranty of any kind, either expressed or implied. The purchaser of any parts releases the manufacturer of those parts and MSS Performance Limited from all liabilities pertaining to use of the parts. The purchaser recognizes that any alteration or modifications to any motorcycle may increase the risk of accident and/or injury and may also render the motorcycle illegal for use on public roads.
After any modification to tune the motorcycle to a competition machine, it should not be used on public streets, roads or highways. The use of this vehicle should be limited to participation in sanctioned competition events upon a closed course.
With a base knowledge of mechanics and the proper use of tools, you should be able to carry out many but not all of the installation of racing parts. If you lack proper experience or doubt your ability, all adjustments, maintenance and repair work should be completed by a qualified technician. Please note that MSS Performance Limited cannot assume any responsibility for damage resulting from incorrect or improper installation or adjustments made by the owner.
MSS Performance Limited continually strives to produce products with the highest level of quality and performance in the industry. MSS Performance Limited products are produced for the purpose of racing, therefore there is NO WARRANTY WRITTEN OR IMPLIED on any products made or sold by MSS Performance Limited. All descriptions given by MSS Performance Limited as to function are for reference only and are not a guarantee. MSS Performance Limited will not assume any responsibility for personal injury, or other injury arising out of the use of any product we manufacture or sell. MSS Performance Limited 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. By purchasing or installing the product, the buyer agrees to all of these terms. If an issue arises that is questionable, we may ask that the item be returned for evaluation. If in the opinion of MSS Performance Limited an adjustment should be made, we will either repair or offer assistance in resolving the issue. The use of MSS Performance Limited products is at the sole discretion of the buyer.
MSS Performance Limited disclaims all warranties, expressed or implied, for the content of its websites. This includes warranties of merchantability, fitness for a particular purpose, and noninfringement of third-party rights.
CUSTOMER
INFORMATION
- You should always check that the
contact information you provide is correct before creating a customer account
or proceeding to payment. - You are responsible for maintaining
your own username and password, where required to access your customer account.
You should ensure that you store your username and password securely and that
the details required to access your customer account are not provided to
another party. - As a customer you are responsible for
your customer account and actions taken within it. If you are aware or suspect
that our customer account username and password or other details have become
known to a third party, you should inform us immediately. - Our website is only intended for use
by adults. Adults may purchase products for children as long as the products
purchased are intended by the manufacturer for use by children.
PAYMENT SECURITY – RETURN TO-
The payment site uses Secure Sockets Layer (SSL) to ensure secure transmission of your personal data. You should be able to see the padlock symbol in the status bar on the bottom right hand corner of the browser window. The URL address will also start with https:// depicting a secure webpage. SSL applies encryption between two points such as your PC and the connecting server. Any data transmitted during the session will be encrypted or scrambled and then decrypted or unscrambled at the receiving end. This will ascertain that data cannot be read during transmission.
KLARNA
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
- Pay in 3
- Slice it (Financing)
Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
PRODUCT
PRICING AND TITLE
- We make every effort to ensure that
the pricing displayed on our website is correct. However, if an error in the
pricing of a product is found we reserve the right to either cancel your order
or contact you to arrange payment of any extra sum due or refund any
over-payment made by you (as applicable). The processing of an order can be
cancelled or corrected by us at anytime up to the shipment of that order and
any related items. - We reserve the right to alter all
product pricing without notice. - Title in any products ordered from us
does not pass to you, the purchaser until we have received and processed a
valid payment, and that payment has been made into our own bank account and
your order has been shipped.
YOUR ORDER
- When you place an order you will
automatically receive a confirmation email from us to confirm your order. Your
order constitutes an offer made to us to purchase the goods specified in the
order. - We will endeavour to fulfil your
entire order prior to dispatch, (this may encounter some manufacturing time)
unless otherwise instructed any items placed on back order will be supplied as
soon as available, unless cancelled by the purchaser. - We reserve the right to delay or
refuse orders where a transaction contains incomplete details or details that
cannot be verified or where fraud is suspected. - If you are unable to reasonably
ascertain these details or resolve these issues a full refund will be made
against the card used at the time of purchase. No other form of refund or
credit will be offered nor will a refund be made to any third party card or
account.
SHIPPING
& CUSTOM DUTY
- All orders received by us are shipped
subject to availability. - We reserve the right to ship products
at a later date where the product ordered is not in stock at the time of
purchase. - We cannot be held responsible for
disruption to shipping caused by industrial disputes or action outside our
direct control. If such disruption occurs you will be offered delivery via an
alternative delivery or fulfilment company. - If you are ordering a product from
outside the UK the recipient of the product is responsible for all customs
duties or tariffs incurred in the country to which the products are shipped.
Furthermore your order may be subject to delay or be opened and searched by
local customs authorities when entering the destination country. Please note we
are unable to provide specific advice on customs duties or tariffs. Overseas
shipping will be charged at either actual weight or volumetric weight
(whichever is the greater).
CANCELLATION
RIGHTS, RETURNS & REFUNDS
- Under the Consumer Protection
(Distance Selling) Regulations 2000 you have a right to cancel your purchase.
However, to exercise this right you must notify us in writing, (email or
letter) within 28 working days from the day after you receive your goods. - As stated above notification of
cancellation must be in writing, a telephone call is not a valid cancellation. - No right of cancellation, refund or
return exists under the Consumer Protection (Distance Selling) Regulations 2000
once you have used your product, unless the product is defective and you are
returning it for this reason. - Goods that are sealed or
shrink-wrapped and this is removed can only be returned if they are defective. - No right of cancellation exists for
personalised goods or special orders. - Please observe the following
procedure for all returns to us:
i)
On the back of your delivery note or on another piece of paper, (if you
no longer have your delivery note), include your order number and the reason
for the return.
ii) If you are returning your product because it is defective, please
state the defect or defects.
iii) Repackage the product in its original packaging, including any
accessories, brochures, manuals, guarantees or warranties that came with the
product. Unfortunately we will be unable to issue a refund where the product is
in an incomplete state.
- If the original packaging surrounding
the product has been damaged or destroyed we will only issue a refund if the
product is being returned due to a defect. If the original packaging of a
defective product has been damaged or destroyed you should ensure that the
returned product is adequately packed for shipment back to use. - You are responsible for paying any
postage or shipping costs incurred when returning the product. - We recommend that all returns be sent
by registered post, so that a record of the return is available for you. - We will not issue refunds for any
items lost or stolen in transit to us. - Where a return is lost or stolen in
transit to us, you should claim compensation from the company that shipped the
return. - If you fail to return a product to
us, we may make arrangements to have the product collected from you. The cost
of this collection will be passed on to you. - Unused products may be returned
promptly by customers to the address listed below: - MSS Performance Limited, 6 Commerce
Way, Colchester, Essex, CO2 8HH. - Subject to the above, we will refund
the purchase price of a returned product after receipt of the returned item. - We will also send out delivery labels
to return the product, if incorrectly sent by us or where the product has been
returned due to a defect. Please note that we will not refund any courier,
overnight or express element of any delivery or postage charge, including Royal
Mail Special Delivery. - For dealers/trade customers, there is
a 10% re-stocking charge on any products returned that are not deemed faulty. - For Genuine Kawasaki Parts orders
which are incorrectly ordered or not deemed faulty there will be a 20%
re-stocking fee.
CUSTOMER
COMPLAINTS
We endeavour to respond to all
customer complaints or queries as soon possible.
FAULTY
PRODUCTS
Where a Customer experiences a fault
with a product it can be returned to MSS Performance Limited. Unused
goods that are faulty or defective may be returned within 28 days of receipt as
per our normal returns policy. If you have used your products and they
have become faulty or defective during use, they can be returned within the
warranty period set by the manufacturer. Please contact us prior to
returning your goods so we can determine whether a warranty claim can be made.
EVENTS OUTSIDE
OUR CONTROL
MSS Performance Ltd shall not be
liable for delay or failure to perform any obligation under these Terms &
Conditions if the delay or failure is caused by any circumstances beyond our
reasonable control, including, but not limited to, acts of god, war, civil
disorder or industrial dispute.
LICENCE
- grants you a licence to access the content, information and services
contained within our website for personal use only. - This licence allows you to download
and cache (using your browser) individual pages from our website. - This licence does not allow you to
download and modify individual pages or substantial parts of our website nor to
make our website available via an intranet, where our website or a substantial
part of it is hosted locally on the intranet in question. - Our website design, layout, content
or text cannot be copied, edited or otherwise manipulated without our express
prior written permission. - Our website cannot be placed within
the frame-set of another site. - Third parties are not allowed to
“deep link” to pages within our website, without our express prior written
permission. All links (unless expressly permitted by us) should be to the main
index page of our website. Furthermore, the content of such links, whether
graphic or text should not be misleading, false, derogatory or in any other way
offensive. - The restriction on “deep linking”
does not apply to affiliate partners who wish to send customers directly to a
particular page or product in order to increase their affiliate sales. - All content, databases, graphics,
buttons, icons, logs, layouts and look & feel are the copyright of MSS
Performance Ltd, unless expressly acknowledge as otherwise. - The data mining, extraction or
utilisation of product information from our website is not permitted without
our express prior written permission.
COPYRIGHT
REASONABLY
FORESEEABLE LOSSES
- MSS Performance Ltd will be liable
for any losses incurred by you due to breaches of these Terms & Conditions
by us, where such losses were reasonably foreseeable at the time the contract
between you and us was made. - All business, indirect or
consequential losses not reasonably foreseeable at the time of the contract
between you and us are excluded. - MSS Performance Ltd does not exclude
or limit liability for death or personal injury caused by the negligence or
breach of duty by us, our employees or officers.
SEVERABILITY
The foregoing paragraphs,
sub-paragraphs and clauses of these Terms & Conditions shall be read and
construed independently of each other. Should any part of this agreement or its
paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the
remaining paragraphs, sub-paragraphs and clauses.
WAIVER
Failure by MSS Performance Ltd to
enforce any accrued rights under these Terms & Conditions is not to be
taken as or deemed to be a waiver of those rights unless we acknowledge the
waiver in writing.
COMPETITIONS / PROMOS
1. Prize draws (the “Prize
Draw”) are open to people aged 18 and over who provide their email
address.
2. Employees or agencies of MSS
Performance Ltd (“MSS Performance”, “We”) or their family
members, or anyone else connected with the Prize Draw may not enter the Prize
Draw.
3. Entrants into the Prize Draw shall
be deemed to have accepted these Terms and Conditions.
4. By submitting your personal
information, you agree to receive emails from MSS Performance Ltd containing
offers and developments that we think may interest you. You will be given the
opportunity to unsubscribe on every email that we send.
5. No purchase is necessary.
6. Only one entry/promo per person.
Entries on behalf of another person will not be accepted.
7. MSS Performance Ltd accepts no responsibility
is taken for entries that are lost, delayed, misdirected or incomplete or
cannot be delivered or entered for any technical or other reason. Proof of
delivery of the entry is not proof of receipt by MSS Performance.
8. The closing date of any current
Prize Draw, Entries received outside this time period will not be
considered.
9. One winner will be chosen from a
random draw of entries received in accordance with these Terms and Conditions.
The draws will be performed by a random computer process.
10. MSS Performance Ltd accepts no
responsibility for any costs associated with any prize and not specifically
included in the prize.
12. The winner will be notified by
email and must provide a postal address to claim their prize. If a winner does
not respond to MSS Performance Ltd within 14 days of being notified by MSS
Performance Ltd , then the winner’s prize will be forfeited and MSS Performance
Ltd shall be entitled to select another winner in accordance with the process
described above (and that winner will have to respond to notification of their
win within 14 days or else they will also forfeit their prize). If a
winner rejects their prize or the entry is invalid or in breach of these Terms
and Conditions, the winner’s prize will be forfeited and Performance Parts
shall be entitled to select another winner.
13. Prizes are non-exchangeable,
non-transferable, and is not redeemable for cash or other prizes.
14. MSS Performance Ltd retains the
right to substitute the prize with another prize of similar value in the event
the original prize offered is not available.
15. The winner may be required to
take part in promotional activity related to the Prize Draw and the winner
shall participate in such activity on MSS Performance Ltd reasonable request.
The winner consents to the use by MSS Performance Ltd and its related
companies, both before and after the closing date of the Prize Draw for an
unlimited time, of the winner’s voice, image, photograph and name for publicity
purposes (in any medium, including still photographs and films, and on the
internet, including any websites hosted by MSS Performance Ltd and its related
companies) and in advertising, marketing or promotional material without
additional compensation or prior notice and, in entering the Prize Draw, all
entrants consent to the same.
16. MSS Performance Ltd shall use and
take care of any personal information you supply to it as described in its
privacy policy, and in accordance with data protection legislation. By
entering the Prize Draw, you agree to the collection, retention, usage and
distribution of your personal information in order to process and contact you
about your Prize Draw entry, and for the purposes outlined in paragraph 14
above.
17. MSS Performance Ltd accepts no
responsibility for any damage, loss, liabilities, injury or disappointment
incurred or suffered by you as a result of entering the Prize Draw or accepting
the prize. MSS Performance Ltd further disclaims liability for any injury or
damage to your or any other person’s computer relating to or resulting from
participation in or downloading any materials in connection with the Prize
Draw. Nothing in these Terms and Conditions shall exclude the liability of MSS
Performance Limited for death, personal injury, fraud or fraudulent
misrepresentation as a result of its negligence.
18. MSS Performance Ltd reserves the
right at any time and from time to time to modify or discontinue, temporarily
or permanently, this Prize Draw with or without prior notice due to reasons
outside its control (including, without limitation, in the case of anticipated,
suspected or actual fraud). The decision of MSS Performance Ltd in all matters
under its control is final and binding and no correspondence will be entered
into.
19 MSS Performance Ltd shall not be
liable for any failure to comply with its obligations where the failure is
caused by something outside its reasonable control. Such circumstances shall
include, but not be limited to, weather conditions, fire, flood, hurricane,
strike, industrial dispute, war, hostilities, political unrest, riots, civil
commotion, inevitable accidents, supervening legislation or any other
circumstances amounting to force majeure.
20. The Prize Draw will be governed
by English law and entrants to the Prize Draw submit to the exclusive
jurisdiction of the English courts.
21. Promoter: MSS Performance
Limited, 6 Commerce Way, Colchester, Essex, CO2 8HH.
22. Promos – Any free item
given with a purchased item as part of an offer cannot be kept if the purchased
item is returned for a refund. If the free item is kept then you will be
given a refund less the amount of the free product at full retail value.
ENTIRE TERMS
& CONDITIONS
These Terms & Conditions shall be
interpreted, construed and enforced in accordance with English Law and shall be
subject to the exclusive jurisdiction of the English courts.
Yours statutory rights are
unaffected.