The following terms and conditions apply to all orders and actions performed by vtrmotoren.nl.
Article 1 - Definitions
In these conditions, the following terms are defined as:
Cooling-off period: The period during which the consumer can use his right of withdrawal;
Consumer: The natural person who is not acting for purposes related to his trade, business, craft, or profession and enters into a distance contract with the trader;
Day: Calendar day;
Duration transaction: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: Any tool that enables the consumer or trader to store information addressed personally to them in a way that facilitates future consultation and unaltered reproduction of the stored information.
Article 2 - Identity of the trader
Name: VTR Motorcycles
Address: Fabrieksweg 2a, 7451 PT Holten, Netherlands
Phone: 0628884395
Email: info@vtrmotoren.nl
Chamber of Commerce number: 63047659
VAT identification number: NL001489344B19
Article 3 - Applicability
These general terms and conditions apply to every offer from the trader and to every distance contract concluded between the trader and the consumer. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer.
Article 4 - The Offer
If an offer has a limited period of validity or is made under conditions, this will be explicitly stated in the offer. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader uses images, they are a true representation of the offered products and/or services.
Article 5 - The Contract
The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set forth. If the consumer has accepted the offer electronically, the trader immediately confirms receipt of the acceptance of the offer electronically.
Article 6 - Right of Withdrawal
Upon delivery of products, the consumer has the option of dissolving the contract without giving any reason for 14 days. This cooling-off period commences on the day following receipt of the product by the consumer or a pre-designated representative known to the trader.
Article 7 - Costs in Case of Withdrawal
If the consumer exercises his right of withdrawal, he will have to pay no more than the cost of returning the product. If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after the withdrawal.
This summary provides an overview of key points from the terms and conditions, including definitions, trader identity, applicability, offer details, the contract, right of withdrawal, and costs in case of withdrawal. The full terms and conditions cover more specifics related to contract execution, exclusions of the right of withdrawal, pricing, conformity and warranty, delivery and execution, duration transactions, payment, complaint procedures, dispute resolution, and additional or differing provisions.
Article 8 - Exclusion of the Right of Withdrawal
The right of withdrawal can only be excluded by the trader if this was clearly stated in the offer, or at least in time before the contract was concluded.
Exclusion of the right of withdrawal is possible for products that:
A. Have been created by the trader according to the consumer's specifications;
B. Are clearly personal in nature;
C. Cannot be returned due to their nature;
D. Can deteriorate or expire rapidly;
E. Whose price is dependent on fluctuations in the financial market over which the trader has no influence;
And for services that:
A. Concern lodging, transport, restaurant business, or leisure activities to be carried out on a specific date or during a specific period;
B. Whose delivery has begun with the consumer's express consent before the end of the cooling-off period;
C. Concern betting and lotteries.
Article 9 - The Price
Prices of products and/or services shall not be increased during the validity period stated in the offer, subject to price changes resulting from changes in VAT rates.
Deviating from the previous provision, the trader may offer products or services whose prices are tied to fluctuations in the financial market over which the trader has no influence, with variable prices. This dependency on fluctuations and the fact that any stated prices are indicative will be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and if:
A. They are the result of legal regulations or provisions; or
B. The consumer has the option to terminate the contract on the day the price increase starts.
The prices mentioned in the offer of products or services include VAT.
Article 10 - Conformity and Warranty
The trader guarantees that the products and/or services comply with the contract, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing at the date of the conclusion of the contract. If agreed upon, the trader also guarantees that the product is suitable for use other than normal use.
A warranty provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer can enforce against the trader under the contract.
Article 11 - Delivery and Execution
The trader will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
In accordance with what is stated in Article 4 of these general terms and conditions, the company shall execute accepted orders with due speed but not later than 30 days unless a longer delivery period has been agreed upon. If delivery experiences a delay, or if an order cannot be executed or can only be partially executed, the consumer will be notified no later than one month after placing the order. In such cases, the consumer has the right to terminate the contract without any costs.
In the event of termination according to the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the termination.
If the delivery of an ordered product proves impossible, the trader will strive to make a replacement item available. At the time of delivery, it will be clearly and comprehensibly communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The cost of return shipping is borne by the trader.
The risk of damage and/or loss of products lies with the trader up to the moment of delivery to the consumer or a pre-designated and trader-notified representative unless explicitly agreed otherwise.
Article 12 - Duration Transactions: Duration, Cancellation, and Extension
Cancellation:
A consumer may cancel a contract entered into for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time subject to agreed cancellation rules and a notice period of no more than one month.
A consumer may cancel a contract entered into for a definite period, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the definite period, subject to agreed cancellation rules and a notice period of no more than one month.
The consumer may cancel the contracts mentioned in the previous items:
- At any time and not be limited to cancellation at a specific time or in a specific period;
- At least in the same manner as they were entered into by him;
- Always with the same notice period as the trader has stipulated for himself.
Extension:
A contract entered into for a definite period, which extends to the regular delivery of products (including electricity) or services, shall not be automatically extended or renewed for a fixed duration.
Deviating from the previous item, a contract entered into for a definite period, which extends to the regular delivery of daily, news, and weekly magazines and periodicals, may be silently extended for a fixed term of a maximum of three months if the consumer can cancel this extended contract at the end of the extension with a notice period of no more than one month.
A contract entered into for a definite period for the regular delivery of products or services may only be silently extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months if the contract extends to the regular, but less than once a month, delivery of daily, news, and weekly magazines and periodicals.
Contracts entered for a limited duration for the regular introductory delivery of daily, news, and weekly magazines, and periodicals (trial or introductory subscription) will not be silently continued and will automatically end after the trial or introductory period.
Duration:
If a contract has a duration of more than one year, the consumer may cancel the contract at any time with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed duration.
Article 13 - Payment
Unless otherwise agreed, the amounts due from the consumer must be paid within 14 days after the commencement of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
If advance payment is stipulated, the consumer cannot assert any rights regarding the performance of the relevant order or service(s) until the agreed advance payment has been made.
The consumer has the obligation to promptly notify the entrepreneur of any inaccuracies in the provided or stated payment details.
In the event of default by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs previously disclosed to the consumer.
Article 14 - Complaints procedure
The trader has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the trader within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
Article 15 - Disputes
For agreements between the trader and the consumer to which these general terms and conditions apply, only Dutch law is applicable.
Article 16 - Additional or different terms
Additional or differing provisions from these general terms and conditions may not be to the detriment of the consumer and must be documented in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.