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Terms & Conditions
Article 1 – Definitions
In these Terms and Conditions, the following terms mean:
- 1. Entrepreneur: the natural or legal person that offers products and/or services to consumers at a distance;
- 2. Consumer: the natural person who concludes a distance contract with the entrepreneur while not practising a profession or running a business;
- 3. Distance Contract: a contract which the entrepreneur concludes in the context of a system the entrepreneur has organised for distance sales of products and/or services, up to and including the conclusion of the contract, in which exclusively one or more distance communication technologies are used;
- 4. Distance Communication Technology: means that can be used for concluding a contract without the consumer and entrepreneur coming together in the same space;
- 5. Reflection Period: the period within which the consumer can exercise his/her right of withdrawal;
- 6. Right of Withdrawal: the consumer's possibility within the reflection period not to go through with the distance contract;
- 7. Day: calendar day;
- 8. Continuing Performance Contract: a distance contract relating to a series of products and/or services of which the delivery and/or purchase obligation is spread over time;
- 9. Durable Data Carrier: any means by which the consumer or entrepreneur can store information addressed to him/her personally in a manner which enables future consultation and unchanged reproduction of the stored information.
Article 2 - Identity of the Entrepreneur
Ten Kate Motoren b.v.
7711 GG Nieuwleusen
Tel. +31 (0) 529 488818
Fax +31 (0) 529 488819
From Monday to Friday from 9:00 a.m. to 6:00 p.m.
Saturday from 9:00 a.m. to 4:00 p.m.
E-mail address: email@example.com
Chamber of Commerce Number: 05037866
VAT Identification Number: NL810691140B01
Article 3 - Applicability
- 1. These General Terms and Conditions apply to all offers of the Entrepreneur and to all Distance Contracts concluded between the Entrepreneur and Consumer.
- 2. The text of these General Terms and Conditions will be made available to the Consumer before the Distance Contract is concluded. If this is not reasonably possible, we will indicate before the Distance Contract is concluded that the General Terms and Conditions can be viewed and will be sent free of charge as soon as possible at the Consumer's request.
- 3. If the Distance Contract is concluded electronically, in departure from the preceding paragraph and before the Distance Contract is concluded, the text of these General Terms and Conditions can be made available to the consumer electronically in such a way that the Consumer can easily store them on a Durable Data Carrier. If this is not reasonably possible, before the Distance Contract is concluded, we will indicate where the General Terms and Conditions can be read electronically and that they will be sent to the consumer electronically or in a different way free of charge.
- 4. In case terms and conditions specific to products or services apply in addition to these General Terms and Conditions, the second and third paragraph will apply mutatis mutandis and in the event of contradictory general terms and conditions, the Consumer may always rely on the applicable term which is most favourable to him/her.
- 5. These General Terms and Conditions have also been written for the employees of Ten Kate Motoren B.V. and its management.
Article 4 - The offer
- 1. If an offer has a limited validity period or is made under conditions, this will be stated explicitly in the offer.
- 2. The offer must contain a full and accurate description of the products and/or services offered. The description must be detailed enough to enable the Consumer to make a good assessment of the offer. If the Entrepreneur uses illustrations, these must be true and faithful representations of the products on offer. Obvious mistakes or errors in the offer will not be binding on the Entrepreneur.
- 3. All offers must contain information that makes it clear to the Consumer which rights and obligations are attached to acceptance of the offer. This concerns in particular:
- o the price exclusive of taxes;
- o delivery charges, if any;
- o the way in which the contract will be concluded and what actions are necessary for this;
- o whether or not the right of withdrawal is applicable;
- o the manner of payment, delivery or performance of the contract;
- o the period for acceptance of the offer or the period for maintaining the price;
- o the way in which the Consumer can be informed of actions he/sh b e does not want prior to concluding the contract, as well as the way in which he/she can remedy this before the contract is concluded;
- o any languages besides Dutch in which the contract can be concluded;
- o the codes of conduct to which the Entrepreneur has subjected itself and the way in which the Consumer can consult these codes of conduct electronically.
Article 5 - The Contract
- 1. Subject to the terms set out in paragraph 4, the Contract will be concluded at the time the Consumer accepts the offer and satisfies the relevant conditions.
- 2. If the Consumer has accepted the offer by electronic means, the Entrepreneur will immediately confirm receipt of such acceptance electronically. The Consumer may cancel the Contract as long as acceptance has not yet been confirmed.
- 3. If the Contract is concluded electronically, the Entrepreneur must take appropriate technical and organisational methods to protect the electronic transmission data and provide for a safe web environment. If the Consumer is able to pay electronically, the Entrepreneur must observe appropriate security measures in this context.
- 4. Within statutory frameworks, the Entrepreneur may inquire whether the Consumer is able to meet his/her payment obligations, and may also inform itself of all facts and factors which are relevant to a responsible conclusion of the Distance Contract. If the Entrepreneur has good grounds on the basis of this inquiry not to conclude the contract, it will be entitled, while stating the reasons, to refuse an order or request or to attach special conditions to the execution thereof.
- 5. The Entrepreneur must send the following information with the product, in writing or in such a way that the Consumer can store it in an accessible manner on a Durable Data carrier:
- o a. the visiting address of the Entrepreneur's branch which the consumer can contact regarding complaints;
- o b. information on existing after-sale service and warranties;
- o c. the information included in Article 4 paragraph 3 of these General Terms and Conditions, unless the Entrepreneur has already provided the consumer with this information prior to performing the contract;
- 6. If the Entrepreneur has undertaken to deliver a series of products or services, the stipulations in the preceding paragraph will apply only to the first delivery.
Article 6 - Right of withdrawal on delivery of products
- 1. When purchasing products, the Consumer will have the possibility for 14 days to cancel the contract without stating reasons. This period will start on the day after the product is received by or on behalf of the Consumer.
- 2. During this period, the Consumer must deal carefully with the product and the packaging. He/she must unpack or use the product only to the extent this is necessary to assess whether he/she wishes to keep the product. If the Consumer exercises his/her right of withdrawal, he/she must return the product to the Entrepreneur with all accessories delivered and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions given by the Entrepreneur.
Article 7 - Costs in case of withdrawal
- 1. If the Consumer exercises his/her right of withdrawal, the Consumer will have to pay not more than the costs of return.
- 2. If the Consumer has paid a sum, the Entrepreneur will refund this sum as soon as possible, but within 30 days at most after return or withdrawal.
Article 8 - Exclusion of the right of withdrawal
- 1. If the Consumer has a right of withdrawal, the Entrepreneur may exclude it only if the Entrepreneur has stated this clearly in the offer or at any rate in good time before conclusion of the contract.
- 2. Exclusion of the right of withdrawal is possible only for products:
- o a. which were made by the Entrepreneur in accordance with the consumer's specifications;
- o b. components regarding which the Entrepreneur has clearly stated on the web shop site that return is not possible because of their used condition and the pricing ensuing therefrom;
- o c. of which the delivery time started with clear consent from the consumer before the reflection period expired.
Article 9 - Price
1. The prices listed in the offer of products are in Dutch currency exclusive of 21% VAT).
2. The prices of the products offered, as listed on the web shop, cannot be increased, except for:
-price adjustments due to changes in VAT rates.
-price adjustments due to price increases not yet entered on the web shop
-if an order has not yet been confirmed
The Entrepreneur must inform the consumer of a price increase of the offer with respect to the web shop price.
3. In departure from the preceding paragraph, the Entrepreneur may offer products of which the price is subject to fluctuations beyond the Entrepreneur's control at variable prices.
4. The prices are based on delivery ex warehouse. We will pass on haulage and insurance costs both in and outside the Netherlands, whereby we will choose the haulier.
Article 10 - Conformity and Warranty
- 1. 1 The components and/or kits offered on the Ten Kate Racing Products web shop have been designed and produced for competition and are therefore sold "without warranty". TEN KATE MOTOREN B.V. assumes no liability whatsoever with respect to the quality, safety and/or performance of the products.
2 If these race components are used, the motorcycle will no longer comply with the homologation requirements and legislation as made statutorily required by the RDW Centre for Vehicle Technology and Information for vehicles participating in traffic on public roads. It is against the law to use these components on public roads.
3 You are hereby informed of the fact that TEN KATE MOTOREN B.V., its management and employees do not accept any form of liability for any form of damage and/or loss arising from products delivered and/or manufactured by TEN KATE MOTOREN B.V. You agree to the fact that this limitation of liability is comprehensive and applies fully to all direct, indirect, special, incidental, far-reaching and consequential damage and/or loss.
- 2. The Entrepreneur warrants that the products comply with the corresponding specifications listed in the offer, with the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations applicable on the date of formation of the contract.
- 3. A scheme offered by the Entrepreneur, manufacturer or importer as a warranty will not affect the rights and claims the Consumer can enforce against the Entrepreneur under the law and/or the Distance Contract in respect of a failure by the Entrepreneur to comply with its obligations.
- 4. Technical advice, in any form, will be provided to the best of our knowledge, but liability will not be accepted.
Article 11 - Delivery and execution
- 1. The Entrepreneur must observe the greatest possible care in receiving and executing orders of products.
- 2. The address the Consumer has given the company will count as the place of delivery.
- 3. With due observance of the relevant terms in Article 4 of these General Terms and Conditions, the company will execute orders with due speed unless a longer delivery period has been agreed.
- 4. Delivery times stated by us are free of obligation, unless we have clearly confirmed otherwise in writing. Circumstances beyond our control, such as late delivery by factories, stagnation in the issue of import licences, strikes, etc. will nevertheless give us the right to postpone the delivery. Should the delivery incur a delay, or if an order cannot be executed or can only be executed partially, the consumer will be notified to this effect not later than a month after he/she placed the order. The Consumer may cancel the order hereupon, except in the event of the conditions referred to in paragraph 8.2. In case the order is cancelled, the Entrepreneur will only be subject to the obligation to refund to the customer the amount paid in advance.
- 5. In case of cancellation in conformity with the preceding paragraph, the Entrepreneur will refund the amount the Consumer paid as soon as possible, but not later than within 30 days of cancellation.
- 6. We are entitled to deliver in parts (partial deliveries), which we may invoice separately.
- 7. Unless explicitly agreed otherwise, the Entrepreneur will bear the risk of damage and/or loss of products until the time of delivery to the Consumer.
Article 12 - Payment
- 1. In so far as not agreed otherwise, the amounts due from the Consumer must be paid before the article is sent.
- 2. In the event of an offer for sending goods, the payment procedure must be started within 48 hours after the offer is sent. If payment is made by bank, the customer must submit proof of the bank transaction to Ten Kate Motoren B.V. within 48 hours. If confirmation of payment has been received, the goods will be reserved for a maximum of 7 working days. If payment is not received within the period of 7 working days, the order will be cancelled. This will release the reserved goods for sale to third parties.
- 3. The Consumer must report inaccuracies in payment information provided or listed to the Entrepreneur without delay.
- 4. In case the Consumer fails to pay, the Entrepreneur, subject to statutory limitations, will be entitled to charge the Consumer manifestly incurred reasonable costs made known to the Consumer beforehand.
Article 13 - Complaints procedure
- 1. Complaints about the performance of the contract must be submitted to the Entrepreneur in due time, completely and clearly described in writing, after the Consumer has discovered the defects.
- 2. Complaints submitted to the Entrepreneur will be answered within a period of 14 days counting from the date of receipt. If a complaint demands a foreseeably longer processing time, the Entrepreneur will answer with a notice of receipt and an indication of when the Consumer can expect a more comprehensive answer.
- 3. If the complaint cannot be resolved in consultation, a dispute will arise which is subject to the disputes procedure.
Article 14 - Applicable law
1. Contracts between the Entrepreneur and the Consumer to which these General Terms and Conditions apply will be governed exclusively by Netherlands law.
2. The Uniform Laws on the International Sale of Goods (ULIS) and the Formation of Contracts for the International Sale of Goods (ULFIS) are expressly excluded.
Article 15 - Disputes
In so far as disputes which might arise on the basis of a contract to which these Terms and Conditions apply wholly or in part must be decided by the District Court, because of their nature or the amount claimed, the court in the district within which the contractor is established will have exclusive jurisdiction to give any decision on the matter, unless the contractor and client have agreed to subject the dispute to arbitration.
Article 16 - Additional or different terms and conditions
Additional terms and conditions, or terms and conditions differing from these General Terms and Conditions may not prejudice the Consumer and must be set out in writing in such a way that the Consumer can store them in an accessible manner on a Durable Data Carrier.