Valid from 10-02-2016
continue after that date the terms of strength as listed on your bill
Terms and Conditions
On this page you will find the terms and conditions of Motorman.
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Phone: +31 (0) 570-655860
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Article 1. Applicability
1.1 All offers, orders and agreements of Motorman these Terms and Conditions apply.
1.2 Accepting an offer or placing an order means that you accept the applicability of these Conditions.
1.3 It can be done in writing in these conditions, in which case the remaining provisions shall remain in full force.
1.4 All rights and claims, as in these conditions and any further agreements for Motorman are stipulated, are also stipulated for by Motorman intermediaries and other third parties.
Article 2. Offers / agreements
2.1 All offers are without engagement and Motorman Motorman expressly reserves the right to change prices, especially when under (legal) regulations. See also Article 3.6.
2.2 An agreement is only after acceptance of your order by Motorman. Motorman is entitled to refuse orders or attach certain conditions to the delivery, unless otherwise specified. If an order is not accepted, Motorman this within ten (10) days after receipt of the order.
Article 3. Prices and payments
3.1 The prices for the products and services offered are in Euros, including 21% VAT and postage - and fees, taxes or other charges unless otherwise stated or agreed in writing.
3.2 Payment must be made without discount or compensation within five (5) days after the invoice date for deliveries within the Netherlands, and concerns within seven (7) days after the invoice date for deliveries outside the Benelux, unless otherwise agreed in writing.
3.3 Payment can be made by prepayment. When paying by bank or giro the date of payment is the date of crediting the bank account of Motorman respectively. Whether you choose during the ordering round for payment via Visa / PayPal (Netherlands) or credit card / PayPal / Mister Cash (Abroad). When selling products to consumers must be agreed never a prepayment of 50% in terms and conditions. If payment is agreed, the consumer may not assert any rights regarding the implementation of the order or service (s) before the advance payment has been made.
3.4 If the term of payment you should have been from the day that payment is in default and are you a late fee of 2% per month or part month on the outstanding amount from that day. If payment is made after a demand by Motorman you owe a sum of fifteen euros (15,00) for administration and if Motorman outsources its claim for collection, you also pay the collection costs, which at least fifteen percent (15%) of the outstanding amount are without prejudice to the competence of Motorman to instead claim the actual extrajudicial collection costs.
3.5 If you Motorman is entitled are in default on any payment, (the performance of) the relevant agreement and related agreements to suspend or dissolve.
3.6 If the prices for the goods and services increased in the period between the order and its execution, you are entitled to cancel the order or dissolve the agreement within five (5) days after notice of the increase by Motorman.
3.7 If a payment after a written agreement (paid late after 5 days) of time and ordered goods have already been sold will be refunded the amount, and there will be no fee will be charged (only for orders over $ 40.00 plus postage) for foreign countries are different and these costs see 3.8. If you (.. Including postage - and excluding packaging costs) returns an item is the purchase price will be returned to articles delivered within fourteen (14) days after receipt of the goods. These should be sent in the original packaging and no evidence of use.
3.8 If money is returned and there is paid with PayPal, Credit Card (Master Card or Visa), we will through the method of payment returned within fourteen (14) days. We will always repay it the way it is paid (iDeal, PayPal, Credit Card, Bank) net of bank charges
3.9 When will reimburse only the amount of the item to be refunded, including postage (only for orders over $ 40.00 plus postage) -.. And without any bankosten (see 3.10) is deducted (unless otherwise agreed in writing come), if you could make the free shipping will use the costs incurred are deducted when sending back part of the property (if the amount paid out by posting below the amount)
Article 4. Delivery
4.1 The by Motorman delivery times are indicative only. Late delivery does not entitle you to compensation or the right to cancel your order or to terminate the agreement, unless the delay in delivery is such that you can not reasonably be required to leave the agreement intact. You are then entitled to cancel the order or terminate the agreement if necessary. Motorman accepted orders expeditiously but not later than 30 days unless a longer delivery has been agreed. If delivery is delayed or if an order is not or only partially carried out, the consumer receives them no later than one month after placing the order. The consumer in this case the right to terminate the contract without penalty and be entitled to any compensation.
4.2 Delivery of the products will take place and when the products are ready for shipment to you.
4.3 Used goods, especially goods ordered (Ledrie, Highway Hawk) and outlet can not be returned (if agreed in writing), the fees we pay will to cancel the supplier specially ordered goods are always taken into account (these amounts an order of 25% of the price of the ordered article)
4.4 Motorman is in no way responsible for packets times the transport damaged or lost if the package is not insured.
4.5 Returned packages must always be postage costs that arise from this are never charged Motorman. And must be paid by the buyer as long as otherwise agreed with Motorman, if we agree to reimburse the postage costs will always be a base fee (TNT) are. Specially ordered goods that we have not in stock will always first be offered for approval to the supplier if they accept your money will be refunded to your account. (This is always within the statutory 14 days of receiving a packet)
4.6 When ordering a product that we have to order specially for you, we charge 50% in advance if you want to pick up this article. If you decide you do not want the article have this amount will be returned after deduction of 25% of the total price of the item (if agreed in writing)
4.7 By sending specially ordered items will be retained in case of return by post 25% of the price of the item. (Unless otherwise agreed in writing)
4.8 You are required to send a completed return form in the package in return (without this form is not covered up) to download in the shop
Article 5. Retention
5.1 The ownership of products is transferred only when all you owe under any agreement Motorman have paid. The risk of the goods shall pass at the time of delivery to you.
Article 6. Intellectual and industrial property
6.1 All intellectual and industrial property rights attached to the products supplied by Motorman to fully and unconditionally respect.
6.2 Motorman not guarantee that the delivered products do not infringe any (unwritten) intellectual and / or industrial property rights of third parties.
Article 7. Complaints and liability, Returns
7.1 You have the obligation to inspect whether the products meet the agreement. If this is not the case, you should Motorman as soon as possible and in any event within fourteen (14) calendar days with herroeppings form (weekend reckoned with) after delivery, or after observation reasonably possible, in writing / email to herroeppings to give form and sufficient detail. For other countries is that the postage fee is NOT refunded and the refund within fourteen (14) days occurring after parcel received and after deduction of costs
7.2 If it is demonstrated that the products do not meet the agreement, Motorman has the choice to replace the products on their return by new products if in stock.
7.3 If you do not apply a product (clothes / helmets excluded), you as a customer is legally entitled to register a product within 14 days of receipt without giving any reason for return (via the revocation form). After this period, you as a customer again 14 days to send the product actually returned. Returns are only accepted if the packaging of the product is undamaged and the product is in original condition, also applies that the costs for returns are at your expense. Returns must first be reported using a herroeppings form. And is then replaced with another product.
7.4 Products that are returned in original, undamaged packaging to be returned if a product user traces shown Motorman will not accept this and communicate it to the customer and possibly discuss whether we send this return to the ultimate cost will be on the customer be recovered. This can only be deviated from after written agreement with Motorman.
7.5 A number of our products are packed in sealed plastic bags (engine covers) if they are opened, these products can not be made this return will also be listed on the invoice. This can only be deviated from after written agreement
7.6 Specially ordered goods are taken in principle not return, provided that a written agreement has been made with Motorman. All costs arising out here on behalf of the customer, and may arise from any complaints. If our supplier of the product shall not return then this statement for us is binding and no complaints yet possible. (In return will always be 25% of the purchase amount will be charged)
7.7 Goods originating from the former company Ledrie be basically no return, if otherwise agreed in writing with Motorman also is no guarantee the right to apply
7.8 Return on uncollected goods is seven (7) days of this too must advance reported a herroeppings form or via email, you can come back and exchange it with us in Deventer / return and the amount in cash or by bank will be returned paid.
7.9 Upon return is required a return form you can download it in our shop, send the information page return (without form, we can not process your return)
7.10 Paid postage costs for foreign countries are not reimbursed, both from the point of return and return (provided otherwise agreed)
7:11 Motorman you must within 14 days after receipt of your withdrawal form refund your money. But if Motorman has not received the products or if you can not prove that you have returned the goods, the refund may take longer to themselves. The shipping costs you originally paid must be refunded to you (see Article 3.7) But if you had asked for special delivery, such as extra fast delivery, you yourself will bear the additional costs. You pay the cost of returning the goods to the seller
Article 8. Warranty
8.1 If Motorman supplies products to the customer, Motorman is never obliged to a further guarantee in relation to the customer than that which Motorman can claim against its supplier. Warranty will always be clearly indicated on the invoice. We also sell Outlet (remnants) a limited warranty issued by some of these articles, it is clearly stated on the invoice. If there is a product warranty will be exchanged at fault for like product, if still available, or there will be another appointment with you. Products of the former company Ledrie are sold without warranty unless otherwise stated in the article.
8.2 Amortization of products at fault and if not replaceable for another copy is 8:33% per month, within the warranty period, you will receive the rest a voucher that is valid for three months. (In this case, we will return any money)
8.3 Claims due to visible defects must conform to the contract, but no later than fourteen (14) days after receipt of the goods by the customer in writing. Complaints which are received by Motorman after the expiry of this period, not required by Motorman be considered. Motorman is entitled if the payment takes place after the five (5) days and the product has been sold to someone else, to refund the money paid by the customer. In case of defect and can not replace the product will money be refunded (see Art. 3.7 and 3.8) You can only be deviated from after written agreement with Motorman.
8.4 In motor covers the warranty covers a different warranty shall have a duration of three months. Is excluded if the cover is damaged by improper use / is example by using a hot engine / exhaust the damage is not compensated resulting therefrom. Also, the guarantee only applies to fabrication errors, damage caused by improper use falls outside the guarantee. the covers are on receipt is a sealed plastic bag when it is opened it can not be changed anymore.
8.5 On Ledrie / Custom Wing products is no guarantee (unless otherwise specified), these products are sold with big discount and the buyer sees when buying off claim in any form whatsoever warranty (if otherwise agreed in writing 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, unless and to the extent there might be intent or gross negligence of Motorman
Article 10. Force Majeure
10.1 Without prejudice to its other rights, Motorman case of force majeure the right, at its option, to suspend the execution of your order or to dissolve the agreement without judicial intervention by informing you of this in writing and without that Motorman liable for any compensation, unless this would be unacceptable in the circumstances to standards of reasonableness and fairness.
10.2 Force majeure is defined as 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 in traffic.
Article 11. Miscellaneous
11.1 If you writing to an address Motorman, Motorman is entitled to that address to send all orders, unless you Motorman writing to another address to which your orders are to be sent. This can only modify your account, and other changes will not be implemented.
11.2 If Motorman for any length of time does not tacitly permitted deviations from these Conditions, will not prejudice their right to demand immediate and strict compliance with these conditions. You can never assert any right by virtue of the fact that Motorman these conditions smoothly.
11.3 If one or more provisions of these Terms or any other agreement with Motorman in conflict with any applicable provision, the provision will lapse and will be replaced by adopting a by Motorman new lawful condition .
11.4 Motorman is competent in the execution of your order (s) use of third parties.
11.5 All in eligible costs (bank charges, costs are not reimbursed in special packaging retounering) paid postage expenses are reimbursed within the Netherlands. Above costs shipments abroad also apply incl. Postage.
Article 12. Bank charges
12.1 Away: No extra costs
12.2 Through your own bank, then you have no further costs, even if we refund any money.
12.3 By iDeal: € 0.50 bank fees will be charged to pay we charge no fee, in return complete package
12.4 By Ban contact / Mister Cash: 2.5% variable for each successful transaction, to return full package of € 0.35 and 2.5% variable bank fees are being charged
12.6 Through PayPal: 4.6% variable for each successful transaction In return full package are no bank fees charged
12.7 Using Visa / Master card: 3.5% variable for each successful transaction, to return full package € 0.35 + 3.5% variable bank fees are being charged
12.8 Via Giro Pay / Sofort banking: 2.5% variable for each successful transaction, to return full package € 0.25 + 2.5% variable bank fees are being charged
12.9 By POSTEPAY / Carte Bleue: 3.5% variable for each successful transaction, to return full package € 0.35 + 3.5% variable bank fees are being charged
Article 13. Porto costs
Netherlands 13.1 to 30 kilos 7.25 postage for return package is returned postage (for some products (windshields, steering, engine guards) we charge a surcharge of 5.00 this is the product mentioned, this amount will not be returned)
Belgium 13.2 to 30 kg 11.25 Shipping (in some products (windshields, steering, engine guards) we charge a surcharge of 5.00 this is the product mentioned, this amount will not be returned)
Germany 13.4 to 30 kg 12.75 Shipping (in some products (windshields, steering, engine guards) we charge a surcharge of 5.00 this is the amount stated in the product is not returned)
13.5 Denmark: up to 10 kg up to 28.50 Shipping (in some products (windshields, steering, engine guards) we charge a surcharge of 5.00 this is the product mentioned, this amount will not be returned)
13.6 Other Countries variable postage costs depend on the weight and country where you want it sent there, postage will not be returned
Article 14. Returns Abroad
14.1 If you live abroad and can transmit within a period of fourten (14) days of your return items Motorman will be the purchase price within fourteen (14) on the account as paid is to return the money. You need to send a revocation form in return (see webshop)
14.2 Motorman will bring the incurred postage + bank charges deducted (Art. 7.10)
14.3 An article is sent to the costs of the return are always in favor of the customer (if otherwise agreed in writing) in the original packaging and undamaged
Article 15. Governing Law and Jurisdiction
15.1 All rights, obligations, offers, orders and agreements to which these Conditions apply, including these conditions, only Dutch law. Even if the consumer is domiciled abroad.
15.2 All disputes between parties will be submitted exclusively to the competent court in the Netherlands.
15.3 The CISG does not apply.
Article 16. Deviating delivery conditions Orders VAT number (abroad)
16.1 All rights, obligations, offers, orders and agreements to which these Conditions apply, including these conditions, only Dutch law.
16.2 Return Sending of goods is only possible after written agreement Motorman, in return will always be 30% of the purchase amount will be charged + the costs already incurred (postage)
16.3 Motorman always reserves the right to terminate an account without giving a reason.
16.4 Purchase without VAT does not always give the right to discount that applies to the consumer.
Article 17. Reward Points
17.1 Reward Points, you are not entitled to points only paid into an account without account.
17.2 Reward Points given for special measures to the extent possible within 24 hours credited to your account.
17.3 Reward Points to purchase items will be 14 days after purchase of articles written on if you keep the items.
17.4 Motorman reserves the right to change points at all times.
17.5 Upon return of a product that loyalty points are used, they will not be distributed and will then be deleted.
17.6 Points are not redeemable for cash and only redeemable when purchasing products
Article 18 - Complaints
18.1 Motorman has a well-publicized complaints and deals with complaints under this procedure.
18.2 Complaints about the implementation of the agreement must be made fully and clearly described within 7 days Motorman, after the consumer has found the defects.
18.3 In Motorman Complaints are submitted within 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, by Motorman are within the period of 14 days responded with a message of welcome and an indication if the consumer can expect a more detailed answer.
18.4 If the complaint can not be resolved by mutual agreement creates a dispute that is subject to dispute.
18.5 In case of complaints primarily a consumer needs to turn to Motorman. For complaints that can not be solved by mutual agreement, the consumer should apply to Foundation Webwinkelkeur (www.webwinkelkeur.nl), it will mediate free. Should there not yet come to a solution, the consumer has the opportunity to be treated by Stichting Dispute Online (www.geschilonline.com) complaint, the decision thereof is binding and both entrepreneurs and consumers agree with this binding judgment. The submission of a dispute to the arbitration committee are costs that must be paid by the consumer to the relevant committee. It is also possible to log complaints through the European ODR platform (http://ec.europa.eu/odr).
18.6 A complaint of Motorman obligations does not suspend, unless the operator specifies otherwise.
18.7 If a complaint is upheld by Motorman, Motorman will replace free of charge at its option or the goods delivered or repaired.