Terms and Conditions
Article 1: General
- The conditions apply to every agreement between MotoXshop and the consumer to which MotoXshop has declared these conditions applicable.
- Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing by MotoXshop and the consumer.
- The prices stated on the MotoXshop website, www.Motocrossshop.nl , include 21% VAT, unless stated otherwise.
Article 2: Deliveries
- If the consumer and MotoXshop agree on delivery, the purchases will be delivered under the warranty and delivery conditions previously established by MotoXshop.
- Delivery takes place after payment (Ideal, Bancontact/Mister Cash, PayPal, Credit Card, Apple Pay or Google Pay) If ordered and paid via the webshop, € 8.55 shipping costs will be charged. Shipping costs for Belgium are € 11.95 and always require a signature for receipt.
- MotoXshop reserves the right to invoice the costs for delivery separately upon delivery. This will be reported in writing by MotoXshop in advance.
- If it has been agreed that the delivery of articles will be carried out in phases, MotoXshop will charge the shipping costs the same number of times as the number of phases of delivery
- The delivery time of an article or shipment is approximately 1 - 3 working days. Unless the ordered product is not in stock at the supplier / importer. This delivery time is indicative, but is never the fatal term. The final delivery time will never exceed the specified delivery time by more than 10 working days, unless there is force majeure. If this term is exceeded without any form of contact from MotoXshop to the consumer, the consumer must give MotoXshop written notice of default.
- If, in the context of the execution of the agreement, MotoXshop requires data from the consumer, the delivery time commences after the consumer has made this available to MotoXshop and payment has been made.
- Delivery will take place from the MotoXshop warehouse, provided the article is in stock. Otherwise the product will be replenished from the importer to the MotoXshop warehouse.
- Delivery will always be made in one shipment and/or packaging, unless products are delivered later, if this has been communicated to the customer by MotoXshop due to longer waiting times and/or temporarily insufficient stock.
- MotoXshop remains the owner of the delivered items until the full sales price has been paid.
- Purchased items must be taken by the consumer at the time they are made available to him/her or handed over to him/her.
- Refusal to accept the article or failure to provide information or instructions by the consumer, necessary for the delivery, will entail administration (€ 10,-), storage (€ 5,-) and shipping costs (costs for delivery and return). Refusal of ordered products will entail costs, at 30%, whereby the consumer can receive a maximum of 70% of the paid amount back for purchases above € 100,-
- Publication of products on Motocrossshop.nl is no guarantee that the products in question can always be delivered, because products could be sold out in the meantime. If a product turns out not to be available, any payments already made in this regard will be fully refunded. MotoXshop must also inform the consumer of this.
- Ordered products, with the exception of clothing, can be exchanged. These products must be returned to MotoXshop no later than seven days after delivery in the original packaging without damage. A fee of 10% of the sales price of the item to be exchanged will be charged for this, with a minimum of €5 per item. Any transport costs in this case are entirely for the account of the consumer.
- If research costs have been incurred through repairs that have not led to the complete repair of the product, the consumer must reimburse these costs and this risk does not apply to MotoXshop.
- MotoXshop may terminate the agreement if the consumer fails to fulfil his obligations or if MotoXshop is unable to deliver the article due to force majeure under any circumstances.
- Returns must always be reported in advance in writing to MotoXshop. In case of insufficient postage or without written notification to MotoXshop, the return will be refused.
- Placed orders will not leave our warehouse until payment has been credited, the order status has been changed to successful transaction and the customer has been emailed about the status.
- The stock per product, shown in the webshop, is indicative due to the fluctuating numbers from the warehouse. This may mean that after your order has been placed you will receive a response stating that your product is no longer available in the color, size or type you have chosen.
- The article numbers you supplied from the PartsFinder / FischeFinder / SparePartsFinder can in no case be returned as a product. MotoXshop is not responsible for incorrectly ordered and/or unsuitable articles and/or incorrect data entry.
- MotoXshop packages are delivered by PostNL and are delivered from Monday to Saturday to the address specified by the customer. If there is no answer, the package will be delivered to the neighbours. If the package cannot be delivered to the customer or to the neighbours, PostNL will deliver again the next working day between 8:30 and 21:30 (on Saturdays between 8:30 and 18:00). If no one is home during the second delivery attempt and the package cannot be delivered to the neighbours again, the customer has 3 weeks to collect the package from the nearest PostNL post office. The customer will find a letter from PostNL in the letterbox.
- MotoXshop has the possibility to ship to 29 EU countries (and outside the EU). During the checkout of the order, the shipping costs are automatically calculated to which country it should be shipped.
- 22. Shipping distance under normal circumstances is:
- Netherlands, Belgium (1-3 working days)
- Bulgaria (4-6 working days)
- Denmark (excl. Faroe Islands and Greenland) (4-6 working days)
- Germany (2 working days)
- Estonia (5 working days)
- Finland (4-5 working days)
- France (incl. Monaco and Corsica; excl. Andorra and overseas territories) (2-3 working days)
- Great Britain (incl. Northern Ireland, excl. Gibraltar and Channel Islands) (2-3 working days)
- Ireland (3-4 working days)
- Hungary (3-5 working days)
- Italy (excl. San Marino and Vatican City) (3-6 working days)
- Latvia (4-5 working days)
- Lithuania (4-5 working days)
- Luxembourg (2 working days)
- Austria (3-4 working days)
- Poland (3-5 working days)
- Portugal (incl. Azores and Madeira) (3-5 working days)
- Romania (4-5 working days)
- Slovenia (4-5 working days)
- Slovakia (3-5 working days)
- Spain (incl. Balearic Islands; excl. Canary Islands) (3-5 working days)
- Czech Republic (3-5 working days)
- Sweden (2-4 working days)
Article 3: Warranty
- MotoXshop guarantees that the delivered articles meet the usual requirements and standards that can be set for them and are free from any defects whatsoever.
- The warranty terms and conditions are the same as those of the manufacturer of the product in question.
- The warranty is only valid for the first owner of the item for a period of six months.
- MotoXshop delivers products to the consumer that MotoXshop has obtained from its supplier. MotoXshop can never be held to a more extensive guarantee towards the consumer than MotoXshop can claim towards its supplier.
- The aforementioned guarantee does not apply if the defect has arisen as a result of improper or inappropriate use. This also applies if the consumer or third parties have made or attempted to make changes to the article without the written permission of MotoXshop. The guarantee also lapses if the consumer or third parties have used the article for purposes for which the article is not intended.
- If the article is used/assembled in a manner other than that stated in the instructions for use or when turning off nuts and bolts or other parts, no claim can be made under the warranty.
- A limited warranty applies to items subject to wear and tear, such as chains, sprockets, inner tubes, outer tires, brake pads, spokes, pedals, saddles, etc. These items are only eligible for warranty if the complaint cannot possibly have been caused by use. In case of doubt, the opinion of our supplier will be decisive.
- Items with defects that are rightfully covered by the warranty will be repaired or replaced by MotoXshop with the same or equivalent product. Shipping costs are always for the account of the consumer; these defects must be reported to MotoXshop in writing or by email within 5 working days to be eligible for this.
- If significantly different warranty conditions apply, these will be stated by the manufacturer in the product description.
- MotoXshop provides the consumer with written proof of purchase, which also serves as a “warranty certificate”.
Article 4: Payments
- Payment is made via Ideal, Bancontact/Mister Cash, PayPal, Credit Card, Apple Pay or Google Pay.
- If payment is made via bank or giro (prepayment Ideal or Paypal), items will only be shipped after payment has been credited to MotoXshop's account number.
Article 5: Price changes
- MotoXshop is entitled to change the prices of products at any time.
- Price changes will not be processed in open orders.
- MotoXshop is entitled to subsequently change incorrectly presented prices in the webshop, even if they are higher than initially stated.
Article 6: Complaints
- If an article does not meet the requirements that the consumer may expect from the article, he/she must report this in writing to MotoXshop within 5 working days. Both the article and the purchase or warranty certificate must be handed over upon return.
- After the warranty period has expired, MotoXshop is entitled to charge all costs for repair or replacement, including administration, shipping and/or call-out costs.
- The risk of loss or damage to the products is transferred to the consumer at the time they are delivered to the consumer; the time of delivery by the parcel service is leading in this respect.
Article 7: Quotations
- MotoXshop can make offers and quotations to the consumer.
- If the consumer accepts this offer and/or quotation, he must report this in writing to MotoXshop within 5 working days. After this period, the quotation will expire.
- MotoXshop cannot be held to its quotations if the consumer, according to terms of reasonableness and fairness and generally accepted views in society, should have understood that the quotation or a part thereof contained an obvious mistake or error.
- Quotes do not automatically apply to subsequent orders.
- All quotes are without obligation.
Article 8: Liability
- If items delivered by MotoXshop are defective, MotoXshop's liability towards the consumer is limited to what is stipulated in these conditions under Article 3 "Guarantees".
- If the manufacturer of a defective item is liable for consequential damage, MotoXshop's liability is limited to repair or replacement of the item, or reimbursement of the sales price.
- Notwithstanding the above, MotoXshop is not liable if the damage is due to intent and/or gross negligence and/or culpable conduct, or to injudicious or improper use by the consumer.
- MotoXshop is in no way liable for consequential damage resulting from the delivery or use of the delivered articles. This also applies if products do not meet the specifications.
- The consumer must at all times be responsible for insurance coverage after the object has left the premises at Honderdland 173, 2676 LT in Maasdijk. MotoXshop is never liable for the lack of insurance on the object in question.
- Damage caused during competitions and/or agility rides is included never under the liability of MotoXshop.
- When ordering goods from countries outside the European Union, via the internet, it is possible that sales tax and/or customs duties must be paid. Sales tax must be paid if the value of the goods is € 22.00 or higher. If the value is higher than € 150.00, customs duties must also be paid. MotoXshop is not responsible and/or liable for possible customs costs and/or taxes.
Article 9: Amendment of the terms and conditions
- MotoXshop reserves the right to change terms and conditions at any time.
Article 10: Other:
- Any information provided by MotoXshop is exclusively intended for use by the consumer. This may not be reproduced, made public or made known to third parties by the consumer without prior permission from MotoXshop.
- Dutch law applies to every agreement between MotoXshop and the consumer.
- All prices and quotations from MotoXshop are subject to typing, writing and printing errors and may be subsequently adjusted by MotoXshop.
- Orders by fax, letter or e-mail are considered by MotoXshop as a written agreement and will be processed as such.