Terms of service

TERMS AND CONDITIONS

The bmwmods website at bmwmods.com (our “Site”) and related services are provided by MB Variantai (“bmwmods”, “we”, “us”) in accordance with these General Terms and Conditions of Business and Payment (the “GTC”). Please read the GTC carefully before placing an order on our Site. We recommend you keep a copy of the GTC for future reference.

bmwmods is the trading name of MB Variantai, a small partnership (mažoji bendrija) registered in the Register of Legal Entities of the Republic of Lithuania under company code 306133252. Registered address: Dailidžių k. 7, Trakų r., LT-21177, Lithuania. Email: info@bmwmods.com. bmwmods is an independent retailer of aftermarket parts and is not affiliated with, authorised or endorsed by BMW AG. BMW, model names and chassis codes are used only to describe compatibility.

From time to time, we may amend the GTC. Please read the GTC and review it often. You will find it on our Site on the menu item “Terms and conditions”. If you do not agree to any change to the GTC, you must stop using the website immediately. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law. If you have a complaint, please contact us first at info@bmwmods.com. If we cannot resolve a dispute with you, you may refer it to the Lithuanian State Consumer Rights Protection Authority (Valstybinė vartotojų teisių apsaugos tarnyba, https://vvtat.lrv.lt) or to the consumer authority in your own country.

REGISTRATION & GUEST LOGIN

You can either register or use the guest checkout in order to place orders on our Site. To checkout, you need to enter your address and contact details in the relevant form. When entering your personal data, you are required to provide information about yourself that is true, accurate, current and complete. Should any of your registration information change, please notify us immediately at info@bmwmods.com. We may also change the registration requirements from time to time.

When registering, your account password must be unique and kept secure at all times. You must notify us immediately of any breach of security or unauthorized use of your account. Your password must not be made accessible to unauthorized third parties.

Customers may only have one customer account at any time. We reserve the right to delete multiple registrations and to caution or dismiss any member failing to observe this policy (virtual domestic authority).

Please note, we do not offer products for sale to minors. If you are less than 18 years old, you must obtain the consent of your parent or guardian.

SUBMITTING ORDERS

To submit an order on our Site, place the desired products into the shopping cart.

You will either need to register or, if you are an existing online customer, sign in to your account. Alternatively, you can choose to checkout as a guest. Next, select a shipping method and a payment method. Finally, confirm that you have read and agreed to the GTC and our Returns Policy.

Before clicking on the 'pay' button, you can view and change the products in your shopping cart and the data you have entered. To do this, simply click on the shopping cart icon in the menu bar and return to the appropriate page.

By clicking 'pay', you submit a binding offer to purchase the goods in your shopping cart.

ACCEPTANCE OF ORDER

When you have selected your product and your order has been processed, we will send you an email with the details of your order. Please note this email is NOT an acceptance of your order, just a confirmation that the order has been received. bmwmods is entitled to accept your order within five days after receipt.

Acceptance of your order is completed when you receive an email confirming that the goods have been dispatched. The contract is governed by the law of the Republic of Lithuania, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, this choice of law does not deprive you of the protection given to you by the mandatory provisions of the law of the country where you habitually reside.

If the customer is a business or a public body, the courts of the Republic of Lithuania competent for our registered office have jurisdiction over any dispute arising from this contract, unless an exclusive place of jurisdiction applies by law. We may also bring proceedings against a business customer in the courts competent for its place of residence or registered office. If you are a consumer, you may also bring proceedings in the courts of the country where you live.

ORDER CANCELLATION

We reserve the right to decline your order if the following events occur, for example, we cannot obtain authorization for payment, if a particular item has shipping restrictions, the item ordered is out of stock or does not pass our quality control inspections, or you do not meet the criteria set out within the GTC.

The products on our Site and the products in our catalogs are offers without legal obligation. While we endeavor to make sure the details on our website are accurate, from time to time we may discover an error in the pricing or product description. If we discover an error, we will let you know as soon as possible. In some instances, the goods ordered may vary slightly and to a reasonable extent deviate from the goods depicted on the website due to the technical possibilities of representation, in particular, colors may vary.

We reserve the right to cancel an order for a product that was advertised at an incorrect price and reserve the right to cancel an order that has been accepted or is in transit. We will contact you to inform you that your order has not been accepted for the goods in question. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.

CONTACT

We may contact you about your order and ask for feedback on your purchase. We send marketing emails only if you have agreed to receive them, and you can unsubscribe at any time.

PAYMENT & PRICING

We only accept the payment options displayed on our Site. Customers can view the options available on our website bmwmods.com.

Price shown on our website is in Euro (EUR). It is inclusive of VAT at the local rate unless you have selected a country where VAT is not chargeable.

Prices are subject to change in accordance with currency exchange rates, markdowns and other market factors. Prices include VAT where it applies. US prices include import duties, so US customers have nothing extra to pay on delivery. For other destinations outside the EU and UK, local import duties or taxes may apply. See our Shipping policy for details.

If your credit/debit card is not denominated in the above local currencies, the final price of goods will be calculated in accordance with the applicable exchange rate on the day your card issuer processed the transaction.

DELIVERY

Delivery methods are available for you to select before you complete the transaction and pay for all goods and services. All delivery costs displayed include the cost of packaging and handling.

Please note delivery times will only be extended in the case of unforeseeable circumstances that prevent delivery, for example: lock-out, intervention by authorities, energy or raw resources shortages, transport and operation disruptions, which occur through no fault of ours (fire, water or mechanical breakdown) and any other circumstance, which could not have been objectively caused through any fault of bmwmods.

We will do our utmost to keep customers notified of any shipping delays. If any of the unforeseeable events mentioned above occur for more than four weeks after the original delivery times, you will be entitled to cancel the order.

PROMOTION CODES

Promotion codes and vouchers cannot be transferred and cannot be redeemed for cash. Furthermore, they must not be used in conjunction with any other codes or offers.

Please note that individual brands may be excluded from select campaigns and vouchers. All codes and offers must be redeemed before the day of expiration, in case no date was specified the promotion code is limited to 12 months since the day of issuing.

RETURNS POLICY

You have the right to return unused goods in their original condition within 30 days of delivery without giving a reason. This extends the 14-day right of withdrawal under EU consumer law. The period starts on the day you, or a third party you name other than the carrier, receive the goods. Full details are in our Refund policy.

To exercise your right, notify us of your decision by email to info@bmwmods.com or by post to MB Variantai, Dailidžių k. 7, Trakų r., LT-21177, Lithuania. A clear statement is enough; you don't need to use a form. We will reply with the address to send the goods to. Please don't send goods to any other address.

We refund you within 14 days of receiving the returned goods, or proof that you have sent them back, whichever is earlier, using the payment method you used for the order. If you return a whole order within the 14-day legal withdrawal period, we also refund the standard delivery charge. If you return goods because you changed your mind, you pay the return postage. If a part is faulty, arrives damaged, is not the part you ordered, or doesn't fit a car shown in its fitment table, we cover the return postage. If a part has been used, installed, modified or wired in and isn't faulty, we may reduce the refund by the loss in value caused by that handling, as EU consumer law allows. Faulty goods are covered by the 2-year legal guarantee under EU consumer law. Full details are in our Refund policy.

LIABILITY

Should you need to claim for damage for whatever reason, whether the damage is in direct or indirect connection to your order, the costs of services and/or goods shall be excluded from the refunded amount.

This exclusion of liability will not apply in instances of a breach of material contractual obligation, also known as ‘cardinal duty’. If cardinal duty is breached due to negligence, our liability will be limited to compensation for foreseeable damage only. We will be entitled to prove that the damage, which has occurred is lower.

It is important to note that the exclusions and limitations outlined in this GTC will not apply in the event of death and personal injury arising from our negligence or our legal representatives or agents of bmwmods. The exclusions and limitations of liability in this GTC will also not apply to any other damage resulting from a wilfull or grossly negligent breach of our obligation by us or our legal representatives and agents. For example, this might include damage caused by the lack of a warranted condition or due to fraudulent concealment of a defect.

bmwmods is not responsible for losses caused by a third party and/or customers' negligence. This includes indirect losses, which are a consequence of the main loss or damage and are not foreseeable by you and us, such as loss of profits or ‘loss of opportunity’.

Furthermore, we are not responsible for any failure to meet any of our responsibilities outlined in the GTC in relation to events beyond our reasonable control.

INTELLECTUAL PROPERTY

All rights to the images on bmwmods.com, in our campaigns and in our social media content belong to MB Variantai or are used under licence. Any use without our express consent is prohibited.