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Terms and Conditions Motoshopeurope.com

The following conditions apply to all orders and actions carried out by Motoshop Europe.

Article 1 - Definitions

In these conditions, the following terms are understood to mean:

  • Cooling-off period: The period within which the consumer can make use of his right of withdrawal;
  • Consumer: The natural person who does not act in the exercise of his profession or business and enters into a distance contract with the entrepreneur;
  • Day: Calendar day;
  • Continuing performance contract: A distance contract relating to a series of products and/or services, the performance and/or delivery obligation of which is spread over time;
  • Durable data carrier: Any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information;
  • Right of withdrawal: The consumer's option to cancel the distance contract within the cooling-off period;
  • Entrepreneur: The natural or legal person who is a member of the Dutch Home Shopping Organization and offers products and/or services to consumers at a distance;
  • Distance contract: An agreement concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusively using one or more techniques for distance communication;
  • Technique for distance communication: Means that can be used for concluding an agreement, without the consumer and entrepreneur having come together simultaneously in the same space.

 

Article 2 - Identity of the entrepreneur

 

Business and visiting address:

Motoshop Europe - under the company: Goedhart Motoren B.V

Europaweg 1d
2411 NE Bodegraven 

Telephone number: 0172-650005

Email address:
info@motoshopeurope.com

Chamber of Commerce (KvK) number:
29036461

VAT identification number:
NL800438590B01

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and they will be sent to the consumer free of charge as soon as possible upon request.
  3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge by electronic means or otherwise upon request.
  4. In the event that specific product or service terms and conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him.

Article 4 - The Offer

  1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a good assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:
  • The price including taxes;
  • The possible delivery costs;
  • The way in which the agreement will be concluded and what actions are required for this;
  • Whether or not the right of withdrawal applies;
  • The method of payment, delivery or execution of the agreement;
  • The period for acceptance of the offer, or the period for maintaining the price;
  • The amount of the tariff for communication at a distance if the costs of using the technology for communication at a distance are calculated on a basis other than the regular basic rate for the communication medium used;
  • Whether or not the agreement will be archived after it is concluded, and if so, how the consumer can access it;
  • The way in which the consumer can check and, if desired, correct the data provided by him in the context of the agreement, before concluding the agreement;
  • The possible languages in which, in addition to Dutch, the agreement can be concluded;
  • The codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
  • The minimum duration of the remote agreement in the case of a continuous transaction.

Article 5 - The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.
  2. If the consumer has accepted the offer electronically, the entrepreneur shall confirm the receipt of acceptance of the offer electronically without delay. As long as the receipt of this acceptance has not been confirmed, the consumer may dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures for that purpose.
  4. The entrepreneur may - within legal frameworks - ascertain whether the consumer is able to fulfill his payment obligations, as well as all facts and factors that are relevant for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he shall be entitled to refuse a order or application with reasons or to attach special conditions to its execution.
  5. The entrepreneur shall include the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, with the product or service provided to the consumer:
    • A. The visitation address of the entrepreneur's establishment where the consumer can address complaints;
    • B. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    • C. Information on existing after-sales service and warranties;
    • D. The information referred to in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
    • E. The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  6. In the case of a continuing performance contract, the provision in the preceding paragraph shall apply only to the first delivery.

Article 6 - Right of withdrawal in case of product delivery

  1. When purchasing products, the consumer has the option to dissolve the agreement without giving any reasons for 14 days. This period starts on the day after the consumer or a representative designated by the consumer and made known to the entrepreneur receives the product.
  2. During this period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they make use of their right of withdrawal, they shall return the product with all accessories supplied and, if reasonably possible, in its original condition and packaging within 14 days after the dissolution of the purchase, in accordance with the reasonable and clear instructions provided by the entrepreneur.

In case of service delivery:

  1. When providing services, the consumer has the option to dissolve the agreement without giving any reasons for at least fourteen days, starting from the day the agreement was entered into.
  2. To exercise their right of withdrawal, the consumer shall comply with the reasonable and clear instructions provided by the entrepreneur in the offer and/or provided at the time of delivery.

Article 7 - Costs in case of withdrawal

  1. If the consumer makes use of their right of withdrawal, they shall bear no more than the costs of returning the product.
  2. If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the return or withdrawal.

Article 8 - Exclusion of the right of withdrawal

  1. If the consumer does not have a right of withdrawal, the entrepreneur may only exclude it if the entrepreneur has clearly stated this in the offer or at least in a timely manner before concluding the contract.
  2. Exclusion of the right of withdrawal is only possible for products:
    • A. That have been made to the consumer's specifications by the entrepreneur;
    • B. That are clearly personal in nature;
    • C. That cannot be returned due to their nature;
    • D. That can quickly spoil or age;
    • E. Whose price is subject to fluctuations in the financial market over which the entrepreneur has no control;
  3. Exclusion of the right of withdrawal is only possible for services:
  • A. Relating to accommodation, transport, catering or leisure activities to be provided on a specific date or during a specific period;
  • B. Whose delivery has started with the express consent of the consumer before the cooling-off period has expired;
  • C. Relating to betting and lotteries.

Article 9 - The price

  1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, with variable prices. These fluctuations and the fact that any prices stated are indicative prices will be stated in the offer.
  3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
    • A. These are the result of legal regulations or provisions; or
    • B. The consumer has the right to terminate the contract on the day the price increase takes effect.
  5. The prices stated in the offer of products or services are including VAT.

Article 10 - Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations that existed on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
  2. A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.

Article 11 - Delivery and Execution

  1. The entrepreneur will take the greatest possible care when receiving orders for products and when assessing applications for the provision of services, and when executing them.
  2. The place of delivery is the address that the consumer has notified to the company.
  3. Taking into account what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than one month after placing the order. In such cases, the consumer has the right to dissolve the agreement free of charge.
  4. In the event of dissolution in accordance with the preceding paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 14 days after dissolution.
  5. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to provide a replacement item. It will be clearly and comprehensibly indicated at the latest at the time of delivery that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The cost of return shipment is for the account of the entrepreneur.
  6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced representative to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Continuing Performance Contracts: Duration, Termination, and Extension

Termination:

  1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period of no more than one month.
  2. The consumer can terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the definite period with due observance of the agreed termination rules and a notice period of no more than one month.
  3. The consumer can terminate the agreements referred to in the preceding paragraphs:
  • at any time and not be restricted to termination at a specific time or during a specific period;
  • terminate them in the same way as they were entered into by him;
  • always terminate them with the same notice period as the entrepreneur has stipulated for himself.

Extension:

  1. An agreement that has been concluded for a fixed period and which aims to regularly deliver products (including electricity) or services may not be extended or renewed tacitly for a fixed duration.
  2. Notwithstanding the previous paragraph, an agreement that has been concluded for a fixed period and which aims to regularly deliver daily, news and weekly newspapers and magazines may be tacitly extended for a fixed duration of up to three months, provided that the consumer can terminate this extended agreement at the end of the extension period with a notice period of no more than one month.
  3. An agreement that has been concluded for a fixed period and which aims to regularly deliver products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months in case the agreement aims to regularly deliver daily, news and weekly newspapers and magazines, but less than once a month.
  4. An agreement with a limited duration for the purpose of regularly delivering daily, news and weekly newspapers and magazines (trial or introductory subscription) may not be tacitly renewed and automatically ends after the trial or introductory period has expired.

Duration:

  1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period referred to in Article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
  2. If advance payment has been agreed, the consumer cannot assert any rights with regard to the execution of the relevant order or service(s) before the agreed advance payment has taken place.
  3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  4. In case of consumer default, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs communicated in advance to the consumer.

Article 14 - Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the agreement must be submitted to the entrepreneur in a timely, complete and clearly described manner after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.

Article 15 - Disputes

  1. Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

Article 16 - Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the disadvantage of the consumer and must be recorded in writing or in such a way that they can be stored in an accessible manner on a durable medium by the consumer.