General Terms and Conditions

General Terms and Conditions for MotoRan
 
Table of contents:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and implementation
Article 12 – Payment
Article 13 – Complaints
Article 14 – Disputes
Article 15 – Additional or different provisions
Article 16- Custom personal designed sliders
Article 17- Product failure 

 
Article 1 – Definitions
The following definitions apply in these terms and conditions:
 
1. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance agreement with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
5. Sustainable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period;
7. Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can fill in when he wishes to make use of his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;
9. Distance agreement: an agreement whereby within the framework of a system for the distance selling of products and / or services organized by the trader up to and including the conclusion of the agreement use is made exclusively of one or more techniques for remote communication;
10. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and trader being in the same place at the same time.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
 
Article 2 – Identity of the entrepreneur
 
MotoRan,
No visiting Address
Email address: [email protected]
Chamber of Commerce number: 76445003
VAT identification number: On request
 
Article 3 – Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement and orders between entrepreneur 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed by the entrepreneur and 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 they can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general 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 general terms and conditions the consumer can always invoke the applicable provision which is most beneficial to him.
5. If at any time one or more provisions of these general terms and conditions are wholly or partially invalid or become void, the remainder of the agreement and these terms and conditions will remain in force and the provision in question will be replaced without delay by a provision that approached the scope of the original as much as possible.
6. Situations that are not regulated in these terms and conditions must be assessed “in the spirit” of these terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained “in the spirit” of these terms and conditions.
 
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 is without obligation. The entrepreneur is entitled to change the offer and adjust it.
3. The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications, data in the offer are indicative and cannot be a reason for compensation or termination of the agreement.
5. Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in the
special:
• the price including taxes;
• the possible costs of shipment;
• the manner in which the agreement will be concluded and the actions required for this;
• whether or not the right of withdrawal is applicable;
• the method of payment, delivery and implementation of the agreement;
• the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
• the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
• any other languages ​​in which, in addition to Dutch, the agreement can be concluded;
• the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
 
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, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can – within the law – inform himself if the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a sound conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution thereof.
5. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
the Email address of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about guarantees and existing service after purchase;
d. the information included in article 4 paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before the performance of the agreement;
e. the requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
7. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
 
Article 6 – Right of withdrawal
When delivering products:
1. When purchasing products, the consumer has the option of dissolving the contract within 14 days without giving any reason. This cooling-off period starts on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
2. 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 necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receiving the product. The consumer must make this known using the model form. After the consumer has indicated that he wants to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods delivered were returned in time, for example by means of a proof of shipment.
4. If, at the end of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal or resp. the product has not been returned to the trader, the purchase is a fact.
Upon delivery of services:
5. Upon delivery of services, the consumer has the option of dissolving the agreement without giving any reason for at least 14 days, starting on the day of entering into the agreement.
6. To make use of his right of withdrawal, the consumer must comply with the reasonable and clear instructions provided by the trader with the offer and / or at the latest upon delivery.
 
Article 7 – Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, the costs of the return shipment will be borne at most.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after cancellation. The condition is that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the consumer unless the consumer gives his explicit permission for a different payment method.
3. In the event of damage to the product due to improper handling by the consumer himself, the consumer is liable for any depreciation of the product.
4. The consumer cannot be held liable for a depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.
 
Article 8 – Exclusion of the right of withdrawal
1. The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the consumer’s specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that can spoil or age quickly;
e. the price of which is dependent on fluctuations in the financial market over which the trader has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
h. for hygienic products of which the consumer has broken the seal.
i. personalized products.
 
Article 9 – The price
1. During the period of validity stated in the offer, the prices of the products and / or services offered are not increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur 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 the entrepreneur 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.
5. The prices stated in the range of products or services include VAT.
6. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.
 
Article 10 – Conformity and Warranty
1. The entrepreneur warrants that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the date on which the agreement was concluded. -the current legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
3. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 4 weeks of delivery. Return of the products must be in the original packaging and in new condition. This does not apply if the products are personalized.
4. The guarantee period of the entrepreneur corresponds to the factory guarantee period. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
• The consumer has repaired and / or modified the delivered products himself or had them repaired and / or modified by third parties;
• The products supplied have been exposed to abnormal circumstances or are otherwise carelessly treated or are contrary to the instructions of the entrepreneur and / or have been treated on the packaging;
• The defectiveness is wholly or partly the result of regulations that the government has or will set with regard to the nature or quality of the materials used.
• The “wear” products are used, such as Kneesliders.
 
Article 11 – Delivery and implementation
1. The trader 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 the company.
3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed, though at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or only partially, 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. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any specified periods. Exceeding a term does not entitle the consumer to compensation.
5. In the event of termination in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after termination.
6. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement item available. At the latest on delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal cannot be excluded. The costs of a possible return shipment are at the expense of the entrepreneur.
7. The risk of damage and / or loss of products rests with the entrepreneur 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 12 – Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be paid immediately after the order.
2. In the event of a default on the part of the consumer, the entrepreneur has the right, subject to legal restrictions, to inform the consumer in advance reasonable costs made known.
 
Article 13 – Complaints
1. The entrepreneur has a well-publicized complaint and deals with complaints under this procedure.
2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has found 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 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, a dispute will arise that is subject to the dispute settlement procedure.
5. In the event of complaints, a consumer must first of all turn to the entrepreneur.
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge or take other measures in consultation.
 
Article 14 – Disputes
1. Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general conditions apply. Even if the consumer is living abroad.
2. The Vienna Sales Convention does not apply.
 
Article 15 – Additional or different provisions
1. The consumer is at all times responsible for what happens or is done with the products. Any damage suffered by the use of the products to persons or items can never be recovered from the entrepreneur.
 
Article 16 – Custom personalized designed sliders
1.     All the rights for the designs on MotoRan Sliders are from MotoRan. MotoRan can decide without permission of the consumer to use the design for anything.
2.     the customer must pay attention to whether his designs are not covered by Copyright legislation.
3.     The custom design can vary due the complexity of the designs.
4.     The custom MotoRan Knee Sliders cannot be returned as in Art. 6 of this General Terms and Conditions.
5.     The customer must pay attention to whether he is legal to use the name on the Custom Name option.

Article 17 – Product failure

 1.     Sliders break before 50% wear out. If the products wear out for more than 50% the costumer does not have guarantee.
2.     Sliders comes of the Velcro. MotoRan is responsible and can send a new pair in exchange for the old ones. If the sliders wear out for more than 70% MotoRan is not responsible and the costumer does not have guarantee.
3.     If the metal falls out of the slider the costumer does not have guarantee.
4.     The costumer does not have guarantee if the products wear out to fast in his/her opinion.
5.     MotoRan is not responsible for ALL other damage made by failure of the products.