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Terms and Conditions - MOTORMAN OUTLET

Index:

Article 1 - Definitions

Article 2 - Identity of Motorman

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the cooling-off period

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 - Obligations of Motorman in the event of cancellation

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Compliance and extra guarantee

Article 13 - Delivery and implementation

Article 14 - Payment

Article 15 - Complaints

Article 16 - Disputes

Article 17 - Additional or different provisions

Article 1 - Definitions

  1. The following definitions apply in these terms and conditions:
  2. Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance agreement and these goods, digital content and / or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and Motorman;
  3. Cooling-off period: You purchase articles with the legal cooling-off period unless otherwise stated / agreed
  4. Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
  5. Day: calendar day;
  6. Digital content: data that is produced and delivered in digital form;
  7. Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
  8. Sustainable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
  9. Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period;
  10. Motorman: the natural or legal person who offers products, (access to) digital content and / or services to consumers remotely;
  11. Distance agreement: an agreement that is concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and / or services, whereby, up to and including the conclusion of the agreement, exclusive or joint use was made becomes of one or more techniques for distance communication;
  12. Model form for cancellation: the European model form for cancellation included in Appendix I of these terms and conditions;
  13. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and trader having to come together in the same room at the same time.

Article 2 - Identity of Motorman

Motorman

Batenburg 210; [Visits by appointment only, and possibly on workdays from 10 a.m. to 1 p.m.];

Telephone number: +31 (0) 622481520 (10.00 - 17.00)

Email address: motorman.outlet@gmail.com

Chamber of Commerce number: 08175230 VAT identification number: NL124817725B01

Article 3 - Applicability

  1. These general terms and conditions apply to every offer from motor man and to every distance contract concluded between motor man and consumer.
  2. Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the motor man before the distance contract is concluded will indicate how the general terms and conditions can be viewed with the motor man and that they will be sent free of charge as soon as possible at the request of the consumer.
  3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can can be stored in a simple way on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be read electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting 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 duration 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, digital content and / or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If Motorman uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer do not bind Motorman.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 - The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.
  2. If the consumer has accepted the offer electronically, motorman will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by motorman, the consumer can terminate the agreement.
  3. If the agreement is concluded electronically, motorman will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, motorman will take appropriate security measures.
  4. Motorman can inform itself within the legal framework - whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, Motorman has good reasons not to enter into the agreement, it is entitled to refuse an order or request or to attach special conditions to the implementation.
  5. Motorman will send the following information to the consumer at the latest on delivery of the product, service or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

  1. the visiting address of the Motorman location where the consumer can go with complaints;
  2. the conditions under which and the manner in which motorman can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  3. the information about guarantees and existing service after purchase;
  4. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance agreement;
  5. the requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration;
  6. if the consumer has a right of withdrawal, the model form for withdrawal.
  7. In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal (With regard to the items offered on this site, you purchase items with damage and without guarantee unless otherwise stated)

For products:

The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. Motorman may ask the consumer about the reason for withdrawal, but not oblige this to state his reason (s).

The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:

if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. Motorman may, provided it has clearly informed the consumer prior to the ordering process, refuse an order for several products with different delivery times.

if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part; for agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content that is not supplied on a tangible medium:

The consumer can terminate a service agreement and an agreement for the delivery of digital content that has not been delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason (s).

The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content that has not been supplied on a tangible medium if the right of withdrawal is not informed:

If Motorman has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period ends twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.

If Motorman has provided the consumer with the information referred to in the previous paragraph within twelve months of the starting date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the cooling-off period

  1. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent that is necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
  2. The consumer is only liable for value reduction of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for value reduction of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and costs there of

  1. If the consumer makes use of his right of withdrawal, he must notify Motorman within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it to (an agent of) Motorman. This is not necessary if Motorman has offered to collect the product itself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
  3. The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if Motorman indicates to bear the costs himself, the consumer does not have to bear the costs for return.
  5. If the consumer cancels after having first explicitly requested that the provision of the service or the supply of gas, water or electricity that are not made ready for sale commence in a limited volume or quantity during the cooling-off period, the consumer is an amount for Motorman. that is proportional to that part of the obligation that the entrepreneur has fulfilled at the time of cancellation, compared to full compliance with the obligation.
  6. The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity, which are not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
  7. Motorman the consumer has not provided the legally required information about the right of withdrawal, the reimbursement of costs or the model form for withdrawal, or;

the consumer did not explicitly request the start of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.

  1. The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if: prior to delivery,
  2. he has not explicitly agreed to commence compliance with the agreement before the end of the reflection period; he has not acknowledged that he has lost his right of withdrawal when granting his permission;
  3. or Motorman has failed to confirm this statement from the consumer.

If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 - Obligations of the entrepreneur in case of withdrawal (NVT)

  1. If Motorman makes it possible for the consumer to withdraw electronically, he will immediately send a confirmation of receipt after receiving this notification.
  2. Motorman reimburses all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the cancellation. Unless the entrepreneur offers to collect the product himself, he may wait to pay back until he has received the product or until the consumer demonstrates that he has sent back the product, whichever is the earlier. For repayment,
  3. Motorman uses the same payment method that the consumer has used, unless the consumer agrees to a different method.
  4. The reimbursement is free of charge for the consumer. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to pay back the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

  1. Motorman can exclude the following products and services from the right of withdrawal, but only if Motorman has clearly stated this in the offer, at least in time for the conclusion of the agreement:
  2. Products or services whose price depends on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
  3. Agreements concluded during a public auction. A public auction means a sales method in which products, digital content and / or services are offered by the entrepreneur to the consumer who is present in person or who is given the opportunity to be present in person at the auction, under the direction of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and / or services;

Service contracts, after full performance of the service, but only if:

  1. the performance has begun with the express prior consent of the consumer;
  2. and the consumer has stated that he loses his right of withdrawal once Motorman has fully executed the agreement; He buys an item that clearly states that it is an item that has no warranty and is not possible to return
  3. the performance has begun with the express prior consent of the consumer;
  4. and the consumer has stated that he thereby loses his right of withdrawal.

Article 11 - The price

  1. During the validity period stated in the offer, the prices of the products and / or services offered are not increased, except for price changes due to changes in VAT rates.
  2. Contrary to the previous paragraph, Motorman can offer variable prices for products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if Motorman has stipulated this and:

a. they are the result of statutory regulations or provisions; or

b. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.

  1. The prices stated in the range of products or services include VAT.

.

Article 12 - Compliance with agreement and extra guarantee

  1. Motorman 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 existing on the date of the conclusion of the agreement. or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An additional guarantee provided by Motorman, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement.
  3. An additional guarantee is understood to mean any commitment from Motorman, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement.

Article 13 - Delivery and implementation

  1. Motorman will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to Motorman.
  3. Taking into account what is stated about this in Article 4 of these general terms and conditions, Motorman will execute accepted orders with due speed, though at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs and without any right to compensation.
  4. After termination in accordance with the previous paragraph, Motorman will immediately refund the amount that the consumer has paid.
  5. The risk of damage and / or loss of products rests with Motorman until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 14 - Payment

  1. Insofar as not stipulated otherwise in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the commencement of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received the confirmation of the agreement.
  2. When selling products to consumers, the general terms and conditions may never oblige the consumer to pay more than 50% in advance. When an advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service (s), before the advance payment has been made.
  3. The consumer has the duty to immediately report any inaccuracies in payment data provided or stated to Motorman.
  4. If the consumer does not meet his payment obligation (s) on time, this is, after he has been informed by Motorman of the late payment and Motorman has granted the consumer a period of 14 days to still meet his payment obligations, after the absence of payment within this 14-day period, the statutory interest on the outstanding amount and Motorman is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the following € 2,500 and 5% over the following € 5,000 with a minimum of € 40. Motorman can deviate from the stated amounts and percentages for the benefit of the consumer.

Article 15 - Complaints

  1. Motorman has a well-publicized complaints and deals with complaints under this procedure. 
  2. Complaints about the implementation of the agreement must be submitted to Motorman fully and clearly described within a reasonable time after the consumer has discovered the defects.
  3. Complaints submitted to Motorman will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Motorman will respond within a period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved in mutual consultation within a reasonable period or within 3 months after the complaint has been submitted, a dispute will arise that is subject to the dispute settlement procedure.
  5. It is also possible to report complaints via the European ODR platform (https://ec.europa.eu/odr).

Article 16 - Disputes

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Article 17 - Additional or different provisions

Motorman also sells items that are offered from return or from other sources. These items have limited or no guarantee, this is always indicated with the product.

Shopping Cart
Highway Hawk

It was announced in August that Highway Hawk was sold to a foreign party.
As a result, it is temporarily not possible for us to deliver items that we do not have in stock.
The guarantee for items already delivered will remain valid, and the items that we now also deliver.
We can only deliver on time from stock from this price.

Manufacturer
Delivery

Ordered on weekdays before 2 p.m., shipped the same day.
Provided a delivery time is stated with the item