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Terms and Conditions

Valid v.a. 07/12/2011

For the above date, the terms in effect as listed on your invoice

Article 1. Applicability
1.1 All offers, orders and agreements Motorman these Terms and Conditions apply.
1.2 Accepting an offer or placing an order implies that the applicability of these Terms.
1.3 The provisions in these conditions can only be done in writing, in which case the remaining provisions shall remain in force.
1.4 All rights and claims, as in these conditions and any further agreements on behalf of motorman are stipulated, are also stipulated for by motorman intermediaries and other third parties.

Article 2. Offers / agreements
2.1 All offers are subject Motorman Motorman and reserves the right to change prices, especially when based on (legal) regulations. See also Article 3.6.
2.2 A contract is only concluded after acceptance of your order by Motorman. Motorman's right to refuse orders or certain conditions to the delivery, Unless stated otherwise. If an order is not accepted, Motorman this within five (5) working days of receiving the order.

Article 3. Prices and Payments
3.1 The prices for the products and services are in Euro, including VAT and handling - and Administration, taxes or other levies, unless otherwise stated or agreed in writing.
3.2 Payment must be made without discount or compensation within seven (7) days of invoice date for deliveries within the Netherlands, and within eight (8) days after the invoice date for deliveries outside the Netherlands, unless otherwise agreed in writing.
3.3 Payment can be made by advance. When paying by bank transfer, the date of payment is the date of crediting the giro or bank account Motorman. Whether you choose during the ordering round for payment by Ideal / PayPal (Netherlands) or credit card / PayPal (Abroad)
3.4 If you are exceeding the payment from the day that payment should have been in default since that day, and you default interest of 2% per month or part of a month on the outstanding amount. If payment is made after a demand by motorman you an amount of fifteen million (15.00) for administration and if motorman outsources its claim for collection, you will also pay the collection costs, which at least fifteen percent (15%) of the outstanding amount , subject to the jurisdiction of the motorman to instead actual extrajudicial collection costs.
3.5 If you are in default on any payment, is entitled Motorman (implement) the agreement and related agreements to suspend or dissolve.
3.6 If the prices for the products and services increased in the period between the order and its execution, you are entitled to cancel the order or the agreement within five (5) days after notice of the increase by Motorman.
3.7 If payment after a written agreement (late payment after 7 days) of time and goods ordered are now sold out, the amount refunded and will cost 1.50 to be charged (for abroad, they are equal) and costs see 3.8. If you return an item will be back the purchase price for delivered items (excluding handling - and Administration) within thirty (30) days after receipt of goods. These should be in the original packaging to be sent and no evidence of use.
3.8 If any money is returned, and with PayPal, Credit Card payment (Master Card or Visa) and we pay the money back there will be additional 3.4% of the total purchase price will be deducted + 0.55 These are additional costs the credit company to us passes on. If you paid with iDeal, 0,23. This rule is waived only upon written agreement, we will always refund in the way it paid (iDeal, Paypal, Credit Card) after deducting the cost
3.9 When will refund only the amount of the item will be refunded, minus the handling - and Administration for sending are deducted (if otherwise agreed in writing)

Article 4. Delivery & Send
4.1 The Motorman delivery times are only indicative. Late delivery does not entitle you to compensation or the right to cancel your order or the agreement, unless the delay in delivery is such that you can not reasonably be expected that the agreement intact. You are then entitled to cancel the order or terminate the agreement where necessary.
4.2 The delivery of the products will take place and when the products are ready for shipment to you
4.3 Existing goods, especially goods ordered and demos can not be returned (if agreed in writing).
4.4 Motorman is in no way responsible for packages damaged in transit times or lost if the package is not insured.
4.5 Returns directed packets should always be stamped, the charges are flowing from it are not borne motorman. And the buyer must be paid if otherwise agreed by motorman, if we agree to reimburse the postage costs will always be a base fee (TNT) are

Article 5. Ownership
5.1 The ownership of products is only about if you have not you under any agreement Motorman owe is paid. The risks related to the products already at the time of delivery to you, and we can discuss this with a signed acknowledgment

Article 6. Intellectual and industrial property rights
6.1 All intellectual and industrial property rights attached to the products delivered by Motorman and unconditionally.
Motorman 6.2 does not guarantee that the delivered products do not infringe any (unwritten) intellectual and / or industrial property rights of third parties.

Article 7. Claims and liabilities Exchange
7.1 You have the obligation to delivery to check if the products meet the agreement. If this is not the case, you should Motorman as soon as possible and in any event within seven (7) days (Saturday included them) after the delivery, or after observation reasonably possible, in writing / email and sufficient detail.
7.2 If it is demonstrated that the products do not meet the agreement, the Motorman is choose the products to be returned and replaced with new products if in stock.
7.3 If a product does not fit (except clothing), you as an individual the right product within seven (7) days after delivery to return Motorman. Provided it is otherwise on the invoice. Returns are only accepted if the packaging of the product is undamaged and the product in its original state, it also applies that the costs for returns are at your expense. Returns must be notified in advance. And is replaced for another product or cash return (see 3.7 and 3.8)
7.4 Products that are returned undamaged and in original packaging to be returned if a user track product shown motorman will not accept it and notify the customer and sending back the costs incurred will be charged to the customer. There can only be deviated from the written agreement with the motorman.
7.5 Some of our products are packaged in sealed plastic bags if they are opened, these products are not returned will be taken this mentioned on the invoice. There can only be deviated from the written agreement with the motorman.
7.6 Specially ordered goods are in principle not be returned, provided that a written agreement with Motorman is affected. All costs arising here from shall be borne by the customer, and there can be no complaints ensue. If our supplier does not return the product then takes this statement to us is binding and no complaint is possible.

Article 8. Warranty
8.1 If Motorman delivers products to the customer is never Motorman a further guarantee in relation to the customer than that which Motorman against its supplier may claim. Warranty will always be clearly indicated on the invoice. We also sell Stocklots (remnants) in some of these articles is a limited warranty issued, is on the invoice. If there is warranty on a product is defective when it will be exchanged for the same type of product, if still available or will have another appointment will be made.
8.2 Depreciation of products is defective and if not replaceable for another copy than 9% per month, within the warranty period, you will receive a voucher for the rest it is valid for 3 months. (In this case we will return any money)
8.3 Claims due to visible defects must conform to the contract and within 7 (seven) days after receipt of the goods by the customer in writing. Claims made by Motorman after the expiry of that period are received, need not by Motorman in order to be considered. Motorman is entitled to the payment takes place after the ten (10) days and now the product of an otherwise sold, the money to refund to the customer's account minus 1.50 in costs (the Netherlands), abroad have different costs. (See Art. 3.7 and 3.8) In case of failure and inability to replace money the product will be refunded (see art. 3.7 and 3.8) This can only be deviated from the written agreement with motorman.

Article 9. Orders / communication
9.1 For misunderstanding, delays or transmission of orders and messages resulting from the use of Internet or other communication between you and motorman, or between Motorman and others, as it relates to the relationship between you and Motorman, Motorman is not liable, except to the extent it is a matter of intent or gross negligence by Motorman.

Article 10. Force Majeure
10.1 Without prejudice to its other rights, has Motorman case of force majeure the right, at its option, the execution of your order to suspend the agreement without judicial intervention, by informing you in writing and share Motorman this without being liable for any damages, unless under the circumstances to standards of reasonableness and fairness.
10.2 Force majeure means any failure can be attributed to Motorman, because it is not due to her fault and not under the law, legal act or generally accepted for its account.

Article 11. Miscellaneous
11.1 If you Motorman writing of an address, Motorman entitled to that address to send all orders, unless you Motorman writing of another address to which your orders are to be sent. This can only modify your account and other changes will not be implemented.
Motorman 11.2 If during any period of time whether or not deviate from these Conditions, shall not affect its right to demand immediate and strict compliance with these Conditions. You can never assert any right under that Motorman these conditions smoothly.
11.3 If one or more provisions of these Conditions or any other agreement with Motorman in conflict with any law, the provision will lapse and will be replaced by a Motorman adopt new lawful condition .
11.4 Motorman is competent in the execution of your order (s) use of third parties.

Article 12. Applicable law and jurisdiction
12.1 All rights, obligations, offers, orders and agreements to which these Conditions apply, as to these conditions, only Dutch law.

Terms and Conditions

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Postal / Visiting address
Motorman
Batenburg 210
7423XS Deventer
Telephone: +31 (0) 570-855962