Terms and conditionsGeneral Terms and Conditions of sale, delivery and payment of MotoWebshop.com, having its offices at Klundertseweg 25a, 4761PR Zevenbergen (NL), hereinafter: MotoWebshop.com.
In these General Terms and Conditions the following definitions shall apply:
?€?SUPPLIER?€?: MotoWebShop.com, established in Zevenbergen (NL) and having its office at Klundertseweg 25a, 4761PR Zevenbergen, registered in the trade register of the Chamber of Commerce of Breda (NL).
?€?CUSTOMER?€?: the purchaser of a product that is offered by MotoWebShop.com through its website. One becomes a CUSTOMER at the moment one clicks the ?€?Order?€? button on the website. At that moment the CUSTOMER agrees to the General Terms and Conditions as set out herein.
?€?PRODUCTS/GOODS?€?: the product or the products/goods that, by reason of the conclusion of a contract between MotoWebshop.Com and the CUSTOMER, are to be delivered to the CUSTOMER within an agreed period and for which the CUSTOMER is to pay a certain price.
2(a). These General Terms and Conditions shall apply to all offers, orders and contracts that are concluded through the website of MotoWebShop.com and to which MotoWebShop.com is a party. By the conclusion of a contract between the CUSTOMER and MotoWebShop.com by way of the procedure that is set out in Article 3 of these General Terms and Conditions, the CUSTOMER expressly accepts these General Terms and Conditions.
2(b). Deviation from the provisions of these General Terms and Conditions is only possible with the written consent of MotoWebShop.com.
2(c). All rights that are claimed in these General Terms and Conditions (and in any further agreements) for the benefit of MotoWebShop.com, are claimed equally for the benefit of intermediaries engaged by MotoWebShop.com and other third parties.
2(d). MotoWebShop.com reserves the right to modify these General Terms and Conditions and the contents of its website.
All prices and offers on the website of MotoWebShop.com are non-binding, until such time as the CUSTOMER receives a confirmation of payment. MotoWebShop.com reserves the right to refuse orders without any reason given, to send COD or to require payment in advance. All prices and specifications in the shop are subject to typing errors, erroneous prices (given by MotoWebShop.com?€?s suppliers) and price changes (e.g. a special offer withdrawn by a supplier). When MotoWebShop.com is given erroneous prices by its suppliers, MotoWebShop.com is not obliged to deliver the goods for the price stated on the website. Following an order the CUSTOMER receives an automated e-mail message, with all relevant order information, as confirmation of the order. In the case of erroneous prices this confirmation does not entitle the CUSTOMER to delivery. Images, prices and descriptions of products may deviate from reality.
3(b) Up-to-date selection of products
MotoWebShop.com shall endeavour to keep its selection of products as up-to-date as possible. However, just as in a conventional shop it may happen that an article is (temporarily) sold out and/or no longer available. If that should be the case, the CUSTOMER will be notified as quickly as possible.
3(c)(i) A contract is concluded when MotoWebShop.com confirms an order in writing or by e-mail or when MotoWebShop.com starts processing the order. The order confirmation is deemed to reflect the contract accurately and completely, unless the CUSTOMER submits written objections to it within 5 business days.
3(c)(ii) Additions and changes to a contract are only binding upon MotoWebShop.com insofar as they have been confirmed in writing by MotoWebShop.com.
3(d)(i) All prices are in euros and inclusive of VAT, but exclusive of shipping costs and any cash on delivery charges. The maximum value of a COD parcel is € 1,000.00. In case of COD a delivery country dependent contribution towards the costs will be charged.
3(d)(ii) Prices are based on the current recommended sales prices of the supplier concerned at the time of the offer. In the case of a price increase MotoWebShop.com is entitled to increase its prices. Such a price increase does not entitle the CUSTOMER to dissolve the contract. All prices and specifications in the shop are subject to typing errors, erroneous prices given by the distributor and price changes. Images and descriptions of products may deviate from reality.
3(d)(iii) In case of temporary special offers or promotional campaigns MotoWebShop.com is only obliged to supply for the price stated for the special offer, if MotoWebShop.com is able to actually deliver within the time limit for that special offer and always as long as supplies last. If the article is sold out within the time-limit for the special offer, or can no longer be delivered within that time-limit, no claim can be made to the special offer price.
3(e) Claims regarding shipping problems
3(e)(i) The CUSTOMER is obliged to check each shipment immediately upon delivery for defects, such as damage and/or incompleteness. In case of damage or missing packages, MotoWebShop.com must be notified of this within 3 business days. This claim must be accompanied by the invoice number.
3(e)(ii) Upon receipt the CUSTOMER is regarded as having approved the shipment.
3(e)(iii) If and insofar as the claim is found by MotoWebShop.com to be justified, MotoWebShop.com shall, at its own discretion and within a reasonable period of time, correct the defect or replace the goods, without the CUSTOMER having the right to claim any compensation whatsoever.
3(e)(iv) A claim will never exempt the CUSTOMER from its obligation to pay towards MotoWebShop.com.
3(f) Claims regarding erroneous deliveries
3(f)(i) The CUSTOMER is obliged to check each shipment immediately upon delivery for defects, such as the correct (number of) goods sent, damage and/or incompleteness. In case of an erroneous delivery MotoWebShop.com must be notified of this immediately. The claim must be accompanied by the invoice number under which the shipment was sent.
3(f)(ii) After 3 business days the CUSTOMER is regarded as having approved the delivered goods.
3(f)(iii) If and insofar as the claim is found by MotoWebShop.com to be justified, MotoWebShop.com shall, at its own discretion and within a reasonable period of time, correct the defect or replace the goods, without the CUSTOMER having the right to claim any compensation whatsoever.
3(f)(iv) Returning the incorrectly delivered goods or the surplus goods can take place only with the prior written consent of MotoWebShop.com and in accordance with the RMA-return conditions which will be sent to the CUSTOMER upon its first request.
3(g)(i) MotoWebShop.com offers the following payment methods: cash on delivery or payment in advance by bank transfer. For technical reasons it is only possible to send shipments COD to a limited number of countries.
3(g)(ii) In the case of a bank transfer the amount due is to be transferred to the account of MotoWebShop.com immediately after the automated e-mail confirmation of the order. An order will not be processed until the amount of the order is credited to the account of MotoWebShop.com. The CUSTOMER will receive a VAT invoice with a confirmation of payment when the goods are delivered or by mail/e-mail.
3(g)(iii) In the case of COD the CUSTOMER pays to the postal worker during delivery at the door or at the post office. The maximum amount for COD is € 1,000.00. The CUSTOMER will be charged a delivery country dependent tariff for the COD service. The CUSTOMER will receive a VAT invoice with a confirmation of payment when the goods are delivered or by mail/e-mail.
3(h) Retention of title
3(h)(i) All goods delivered to the CUSTOMER remain the property of MotoWebShop.com until the payment in full of all amounts, including interest and costs, due by the CUSTOMER for the goods delivered or to be delivered or services performed or yet to be performed pursuant to a contract, as well as regarding claims resulting from a breach of such contract.
3(h)(ii) The CUSTOMER is obliged to ensure careful handling of the goods and is not entitled to encumber and/or to borrow against and/or to establish a (undisclosed) pledge on the delivered goods, except with the written consent of MotoWebShop.com, as long as the CUSTOMER has not discharged its obligations towards MotoWebShop.com fully.
3(h)(iii) In case MotoWebShop.com dissolves the order fully or partially, it is entitled to repossess the portion of the delivered goods that remains unpaid. Dissolution and/or repossession is without prejudice to the right of MotoWebShop.com to damages.
3(i) Delivery time
3(i)(i) The stated delivery time of a product in the MotoWebShop.com shop is merely an indication. The average time till shipping for an order is 1 to 2 weeks. In some situations the delivery time may be longer. The CUSTOMER will be informed by e-mail of the delivery situation. The reasons for a longer delivery time may be:
MotoWebShop.com shall ensure the fastest delivery possible.
3(i)(ii) The stated delivery dates can never be regarded as a firm deadline. If a change in the facts and/or the circumstances, irrespective of the foreseeability thereof, causes a delay, the delivery date will be postponed accordingly, without prejudice to the provisions regarding force majeure hereafter. In case of non-timely delivery MotoWebShop.com must be given notice of default in writing, at which time it must be offered a reasonable period of time to effect delivery.
3(i)(iii) Exceeding the delivery times stated by MotoWebShop.com, by whatever cause, will never entitle the CUSTOMER to damages or to fail to perform any of its obligations under the contract concerned of a related agreement.
3(j) Cancellation of orders
3(j)(i) Orders can only be cancelled after written confirmation from MotoWebShop.com
3(k)(i) At the moment delivery is effected all risks relating to loss, destruction, damage or otherwise will pass to the CUSTOMER, regardless of the causes thereof.
3(k)(ii) If, after the delivery time has elapsed, the goods are available to the CUSTOMER but he does not take delivery of them, the goods will be stored at his disposal and at his expense and risk.
3(l)(i) MotoWebShop.com decides on the modes of transport, shipment, packaging and the like. Shipment and transport of the goods is always at the expense and risk of the CUSTOMER. MotoWebShop.com will charge an amount per shipment as a contribution to the cost of transport. If applicable a contribution to the COD charges may be charged. Both amounts, according to the country of destination, may be found on the website.
3(n) Force majeure
3(n)(i) Force majeure includes any and all circumstances which cause MotoWebShop.com to be temporarily or permanently incapable of fulfilling its obligations, such as industrial action, transport difficulties, fire, government measures, including in any event import and export prohibitions, fixing of quotas and interruptions of operations at MotoWebShop.com or its suppliers, as well as failures to perform on the part of its suppliers, as a result of which MotoWebShop.com cannot or can no longer reasonably fulfil its obligations towards the CUSTOMER.
3(n)(ii) If MotoWebShop.com is prevented by force majeure of a temporary or permanent nature to (further) perform under the contract, MotoWebShop.com is entitled, without any obligation to pay damages, to fully or partially rescind the contract by way of a written notice to that effect and without judicial intervention, without prejudice to MotoWebShop.com?€?s right to payment by the CUSTOMER for services rendered and goods delivered before the force majeure occurred, or to suspend (further) performance under the contract. In the event of suspension of performance MotoWebShop.com shall still be entitled to rescind the contract fully or partially.
3(o) Manufacturer?€?s warranty
3(o)(i) All products in the selection come with the usual terms and conditions of the manufacturer?€?s warranty. The manufacturer?€?s warranty period commences at the moment of delivery (invoice date). In general defective products will be repaired within the warranty period. However, some products will be exchanged for a new product, which depends on the supplier?€?s warranty terms and conditions. If upon inspection the product proves not to be defective, inspection costs in the amount of € 80 will be charged.
3(o)(ii) The warranty entails only that MotoWebShop.com will do the best of its ability to repair these defects or replace the goods, such at the sole discretion of MotoWebShop.com and/or its supplier.
3(o)(iii) Products or parts of products that are replaced pursuant to this warranty, will become the property of MotoWebShop.com.
3(o)(iv) This warranty does not cover defects that are caused in part or fully by incorrect, negligent or injudicious use, use for other than normal (business) purposes, external causes, such as fire or water damage, or in case the goods are altered or maintained by others than MotoWebShop.com,
3(o)(v) If the goods are procured by MotoWebShop.com from a supplier, this warranty is limited to the applicable supplier´s warranty terms and conditions.
3(o)(vi) Repair outside the scope of the applicable warranty will be performed by MotoWebShop.com at a fee.
3(o)(vii) All helmets offered and supplied by MotoWebShop.com meet all current ECE2205 European safety standards
3(p) Return procedure: defective products
3(p)(i) Defective goods may be presented for repairs to MotoWebShop.com in accordance with the RMA procedure for technically defective goods.
3(p)(ii) An RMA number must always be requested for the return of defective goods, by e-mail to firstname.lastname@example.org. An RMA request must contain the following information:
Brand, type, colour, size, serial number, invoice number and a clear description of the complaint.
Incomplete forms will not be processed.
Upon receipt by MotoWebShop.com of the RMA request the CUSTOMER will receive an e-mail message with an RMA number and a correct return address.
3(p)(iii) Defective products that are shipped without a certificate of warranty will not be processed. In that case an estimate will be sent for approval.
3(p)(iv) Products that are returned must always be securely packaged for transport. If MotoWebShop.com receives products that are not properly packaged it will charge € 10 in packaging costs for the return transport.
3(p)(v) The costs of RMA shipments to the RMA return address are for the account of MotoWebShop.com. Reimbursement of the postage charges may be applied for by e-mail when the RMA procedure has been concluded correctly.
3(p)(vi) The CUSTOMER is solely responsible for damage and/or loss during transport to the RMA return address.
3(p)(vii) The shipment costs for exchanged or repaired products are for the account of MotoWebShop.com. Reimbursement of the postage charges on the base of the standard post charges may be applied for by e-mail after the RMA procedure has been concluded correctly.
3(q) Return procedure: faulty order or faulty delivery
3(q)(i) If the CUSTOMER wishes to return (non-defective) products the RMA procedure should be followed. An RMA request must be made within three (3) business days after the invoice date.
3(q)(ii) The RMA request must be made by e-mail. An RMA request must contain the following information:
Brand, type, colour, size, serial number and invoice number.
Incomplete forms will not be processed.
3(q)(iii) The returned products must be readily marketable and saleable as new: the packaging must be undamaged and unopened and the seal must be intact.
3(q)(iv) When the CUSTOMER has received an RMA number the product may be shipped to the following address (the RMA number must be clearly visible on the outside of the transport packaging) (only in case of a faulty order/faulty delivery!!)
3(q)(v) In the case of faulty delivery the costs of RMA shipments to the RMA return address are for MotoWebShop.com. Reimbursement of the postage charges on the base of the standard post-rates may be applied for by e-mail after the RMA procedure has been concluded correctly
3(q)(vii) Products that are returned without an RMA number will always be refused, as well as goods with postage due.
3(q)(viii) MotoWebShop.com reserves its right to refuse products that are shipped in order to be returned, if they do not fulfil the conditions. If MotoWebShop.com has already taken delivery of the goods, these will be stored at the expense and risk of the CUSTOMER.
3(s) Cooling-off period
3(s)(i) MotoWebShop.com gives the CUSTOMER 7 days to reflect after receipt of the product. If MotoWebShop.com receives the product in the original state and packaging within this period, there is no purchase contract. Postage charges are for the CUSTOMER. If the product is not returned in its original state, MotoWebShop.com will simply return the product to the CUSTOMER. The purchase price will be refunded to the CUSTOMER within 30 days after the return date. Shipping, packaging and restockingcosts at an amount of euro 30,00 pr item will be deducted from the purchase price.
3(s)(ii) Goods that have been ordered specially for the CUSTOMER according to his specifications are not subject to the cooling-off period.
3(s)(iii) Return of the goods can occur only with the prior written consent of MotoWebShop.com.
3(s)(iv) Any amounts due for the returned goods will be paid within 14 days after receipt of the goods.
3(s)(v) In the case of a return in the cooling-off period the RMA procedure must be followed.
3(s)(vi) The RMA request must be made by e-mail. An RMA request must contain the following information:
Brand, type, colour, size, serial number and invoice number.
Incomplete forms will not be processed.
3(t)(i) MotoWebShop.com is never liable for direct or consequential damage resulting from or caused by defects in the goods or services supplied or because goods and/or services supplied or to be supplied by it do not operate or do not operate timely or correctly, except in the case of gross negligence or intention on the part of MotoWebShop.com. All liability for trading losses (interruption of operations, loss of income etc.) and/or consequential damage, by whatever cause, including delays in the delivery of goods and services, is expressly excluded.
3(t)(ii) MotoWebShop.com is not liable for any damage caused to the CUSTOMER or third parties by its staff and/or the third parties engaged by it, for whatever reason or by whatever cause, except in case of gross negligence or intention attributable to MotoWebShop.com.
3(t)(iii) MotoWebShop.com is not liable for damage of any kind, resulting from or caused by incorrect, negligent or injudicious use or use for other than normal purposes of goods supplied by MotoWebShop.com.
3(t)(iv) The CUSTOMER indemnifies MotoWebShop.com and its staff against claims from third parties for compensation of material and immaterial damage caused directly or indirectly by (the use of) products supplied by MotoWebShop.com.
3(t)(v) The liability of MotoWebShop.com in respect of the contract concluded with the CUSTOMER is under all circumstances limited to the invoice amount of the contract, exclusive of VAT.
3(u)(i) If the CUSTOMER provides information on-line to MotoWebShop.com, MotoWebShop.com will not give this information to third parties. MotoWebShop.com stores the information on a secure server. MotoWebShop.com is not responsible for any form of theft by hackers. If hackers prove to have circumvented the safeguards, MotoWebShop.com will report this to the police.
3(u)(ii) By entering into a contract with MotoWebShop.com to which these Terms and Conditions are applicable, the CUSTOMER expressly authorises MotoWebShop.com to address personally targeted offers to the CUSTOMER.
3(u)(iii) If the CUSTOMER does not wish to receive personally targeted offers from or on behalf of MotoWebShop.com, the CUSTOMER may inform MotoWebShop.com of this by fax or e-mail. MotoWebShop.com will immediately cease this operation.
3(iv) Customer service
3(u)(i) Customer service/complaints:
The CUSTOMER may address all questions, remarks, complaints and suggestions to MotoWebShop.com via the ?€?contact?€? link on our website.
4. APPLICABLE LAW, ARBITRATION AND DISPUTES
4(a) Dutch law is applicable to all contracts concluded with MotoWebShop.com.