Article 1. Applicability
These conditions apply to all deliveries and services of MotoMoto when executing orders that do not originate from business customers or companies. Deviating and/or additional agreements must be expressly confirmed in writing by MotoMoto, this also applies when the requirement for written confirmation is waived.

Article 2. Offers/agreements
2.1 All offers from MotoMoto are without obligation and MotoMoto expressly reserves the right to change prices, in particular when this is necessary on the basis of (legal) regulations. See also article 3.6. 2.2 An agreement is only concluded after MotoMoto has accepted your order. MotoMoto is entitled to refuse orders or to attach certain conditions to the delivery, unless expressly stated otherwise. If an order is not accepted, MotoMoto will notify this within ten (10) working days after receipt of the order.

Article 3. Prices and payments
3.1 The prices stated for the products and services offered are in Euros, including VAT and excluding handling and shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing. 3.2 Payment must be made without discount or compensation within fourteen (14) days after the invoice date if it concerns deliveries within the Netherlands, and within twenty-one (21) days after the invoice date if it concerns deliveries outside the Netherlands, unless otherwise agreed in writing. 3.3 Payment can be made by giro or in advance. In the case of payment by bank or giro, the date of payment is the date on which the giro or bank account of MotoMoto is credited. 3.4 If the payment term is exceeded, you will be in default from the day that payment should have been made and from that day you will owe a late payment interest of 1% per month or part of a month on the outstanding amount. If payment is made after a reminder by MotoMoto, you will owe an amount of twenty euros (€ 20.00) in administration costs and if MotoMoto outsources its claim for collection, you will also owe the collection costs, which are at least fifteen percent (15%) of the outstanding amount, without prejudice to MotoMoto's authority to claim the actual extrajudicial collection costs instead. 3.5 If you are in default of any payment, MotoMoto is entitled to suspend (the execution of) the relevant agreement and related agreements, or to terminate them. 3.6 If the prices for the offered products and services increase in the period between the order and its execution, you are entitled to cancel the order or terminate the agreement within ten (10) days after notification of the price increase by MotoMoto.

Article 4. Delivery
4.1 The delivery times stated by MotoMoto are only indicative. Exceeding any delivery period does not entitle you to compensation or the right to cancel your order or terminate the agreement, unless the delivery period is exceeded to such an extent that you cannot reasonably be expected to maintain the agreement. In that case, you are entitled to cancel the order or terminate the agreement to the extent necessary. 4.2 The products will be delivered at the place and time at which the products are ready for shipment to you.

Article 5. Retention of title
5.1 The ownership of delivered products will only be transferred if you have paid everything you owe to MotoMoto under any agreement. The risk in respect of the products will already be transferred to you at the time of delivery.

Article 6. Intellectual and industrial property rights
6.1 You must fully and unconditionally respect all intellectual and industrial property rights that rest on the products delivered by MotoMoto. 6.2 MotoMoto does not guarantee that the products delivered to you do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.

Article 7. Complaints and liability
7.1 You are obliged to examine upon delivery whether the products correspond to the agreement. If this is not the case, you must notify MotoMoto of this as soon as possible and in any case within seven (7) working days after delivery, or after this could reasonably have been determined, in writing/by email and with reasons. 7.2 If it has been demonstrated that the products do not correspond to the agreement, MotoMoto has the option of replacing the products in question with new products upon return or of refunding the invoice value thereof. 7.3 If you do not wish to receive a product for any reason

Article 8. Warranty provision
8.1 The warranty is determined in accordance with the applicable law, whereby in the event of defects, we will first exchange or repair the products after inspection if desired. If a product cannot be repaired or if the exchanged product also shows defects, you can return the products for a refund of the full purchase price. It is also possible to keep the products and receive a part of the purchase price back. Consult the documentation with the product for information about the manufacturer's warranty.

Article 9. Orders/communication
9.1 MotoMoto is not liable for misunderstandings, mutilations, delays or improper receipt of orders and messages as a result of the use of the Internet or any other means of communication in the traffic between you and MotoMoto, or between MotoMoto and third parties, insofar as this relates to the relationship between you and MotoMoto, unless and insofar as there is intent or gross negligence on the part of the company name.

Article 10. Force Majeure
10.1 Without prejudice to its other rights, MotoMoto has the right, in the event of force majeure, to suspend the execution of your order or to dissolve the agreement without judicial intervention, at its own discretion, by notifying you of this in writing and without MotoMoto being liable for any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness. 10.2 Force majeure is understood to mean any shortcoming that cannot be attributed to MotoMoto, because it is not due to its fault and is not its responsibility under the law, legal act or prevailing views in traffic.

Article 11. Miscellaneous
11.1 If you provide MotoMoto with an address in writing, MotoMoto is entitled to send all orders to that address, unless you provide MotoMoto with another address in writing to which your orders should be sent. 11.2 If MotoMoto has permitted deviations from these Terms and Conditions for a short or long period of time, either tacitly or otherwise, this shall not affect its right to subsequently demand immediate and strict compliance with these Terms and Conditions. You may never assert any right on the grounds that MotoMoto applies these Terms and Conditions flexibly. 11.3 If one or more of the provisions of these Terms and Conditions or any other agreement with MotoMoto are in conflict with any applicable legal provision, the provision in question shall lapse and shall be replaced by a new legally permissible comparable provision to be determined by MotoMoto. 11.4 MotoMoto is authorised to use third parties in the execution of your order(s).

Article 12. Applicable law and competent court
12.1 All rights, obligations, offers, orders and agreements to which these Terms and Conditions apply, as well as these Terms and Conditions, shall be exclusively governed by Dutch law. 12.2 All disputes between the parties shall be submitted exclusively to the competent court in the Netherlands.

Right of withdrawal
In the Netherlands, a statutory cooling-off period of 14 working days applies. Within this period, you can cancel the order without giving reasons. You can do this in writing (an e-mail message to info@motomoto.nl is sufficient) or by returning the products. Return the products within the specified period to:

MotoMoto
Postbus 76
9670 AB Winschoten

Make sure that the package is sufficiently stamped to avoid penalty postage. If the products are damaged or used, you will be charged a statutory amount for this. You can prevent this if you only test the products as you would in a store, and return them unused and in the original packaging.