1.1 These General Conditions apply to all offers of Motex Performance and
all agreements with Motex Performance.
1.2 In addition to these Terms and Conditions, if explicitly specified, additional
Conditions apply to certain services and / or products.
1.3 The provisions in these Terms and Conditions may be waived only if
expressly agreed in writing and in which case the other provisions of this
Conditions remain in full force.
1.4 If the Buyer to its terms and conditions, those conditions do not
apply unless it is agreed in writing. Motex by Performance
1.5 "Buyer" shall mean any visitor of the website or any natural person
or legal entity with Motex Performance in a contractual relationship of any kind whatsoever state or
will be placed.
1.6 Motex Performance reserves the right to change these conditions from time to time or to
1.7 By using the website Motex Performance and / or placing an order
the purchaser accepts these Terms and any other rights and obligations as
are listed on the website.
1.8 Performance Motex is authorized to make the implementation of a use of a third party
agreement with the purchaser.
2. Offers and agreements
2.1 Offers or quotations should be regarded as an invitation to potential
Buyers to make an offer. Motex Performance is in no way bound by,
unless it is clearly written and recorded. The acceptance of the solicitation of
an offer by the prospective seller as an offer and leads only to a conclusion of
an agreement as to the other provisions have been met in this article.
2.2 Offers are valid while stocks last.
2.3 An offer from the potential buyer as specified in Article 2.1 shall be deemed to be made in a
of the following circumstances:
the potential buyer has indicated which product and / or service he wants to receive;
The potential buyer has entered in the appropriate input screen of the data
web site and the relevant data ("Order") to Motex Performance electronically
sent and received by Motex Performance, OR
The potential buyer has made known to order by email Motex Performance
2.4 A contract is concluded at the time an order to the Buyer's
sent and e-mail sent to the email address specified by the Buyer.
2.5 Copper and Motex Performance expressly agree that by utilizing
electronic communication constitute a valid contract is established once the
conditions in Article 2.3 and 2.4 are met. In particular, the lack of a regular
signature does not affect the binding force of the offer and its acceptance. The
electronic files will Motex Performance extent permitted by law, will apply as
a presumption of proof.
2.6 Information, images, oral communications, by phone or via email and tasks,
etc. on all items and the main characteristics of the products as
accurately as possible (again) or done. However Motex Performance does not guarantee that all
offers and products with the information given, et cetera.
Deviations can not lead to compensation and / or dissolution.
3.1 All prices are expressed in Euros, in accordance with legal regulations,
and including VAT.
3.2 Special offers are only valid for the period as stated in the offer.
This listing is printed in a brochure or listed on the website or newsletter / banner
regarding this special offer.
3.3 The Buyer shall pay the price that Motex Performance has confirmed in accordance with Article 2.4 of
these conditions communicated. Apparent (manipulation) mistakes in the quotation,
such obvious errors, may also after the conclusion of the agreement by Motex
Performance be corrected.
3.4 Delivery costs are not included in the product price and can be charged separately. The
height of the delivery is stated on the order confirmation or will be made known later. Ten
Certain payment methods apply additional conditions regarding the delivery method
and associated costs. This is clearly communicated to the Buyer.
4.1 Orders via the website can be paid in the following ways:
Bank Payment (manual transfer to our bank account)
IDEAL (Internet Banking for Postbank, ING, Rabobank, SNS Bank, ABN Amro.)
Motex Performance can expand the payment options in the future. Other
Payment options will be made via the internet site.
4.2 Performance Motex uses no payment, orders are sent immediately if the
payment has been made.
4.3 In the event that payment is chosen with a credit card over the terms & conditions
the card issuer applies. Motex Performance is not a party in the relationship
between the buyer and the card issuer.
4.4 In case of non-payment or late payment by the Buyer will be a formal procedure initiated.
4.5 Paid by the Buyer will provide all the (extra) judicial
costs of any nature whatsoever which Motex Performance. as a result of the breach by Buyer
to make. of its (payment) obligations
4.6 In the event of late payment Motex Performance authorized the contract with immediate
entrance to terminate or suspend until the moment the buyer (further) delivery
payment has been fully complied with, including the payment of costs.
5. Delivery and delivery time
5.1 Orders will be delivered as soon as possible. In principle Motex Performance strives to
national orders to deliver. within 3 working days corresponding address For international
orders have a delivery time of 7 days. Delivery time is listed as an indication and is
never a deadline. Motex Performance can more information on delivery times on the
make web site or otherwise in writing. Such information is only a
5.2 If a product is temporarily out of stock will be ordered by the Buyer shall be
indicated when the product is available again. This is always an estimate and may thereto
No rights can be derived. Exact delivery time depends on third parties such as suppliers, customs, and
5.3 Deliveries are made to the buyer at the conclusion of the agreement
specified address. When paying with a credit card Motex Performance, the requirements stated in
take as posed. by such card issuers to the place of delivery And a
This will be made to the Purchaser in good time.
5.4 Once the goods to be delivered to the specified delivery address, the risk that the
these products are transferred to the Buyer. Products are shipped as soon as the Purchaser has signed
5.5 The Purchaser may refuse the offered package, it will be returned to you at Motex
Performance. Costs incurred for such denial will be liable. Buyer
6.1 The Buyer is obliged to (do) inspect the products. Immediately after delivery
Exchanges or returns are allowed. The Buyer can exchange the item or get a voucher with the
value of the purchase, excluding shipping costs.
For agreements with consumer-buyers, who through the website have been established or a
otherwise where exclusive use is made of electronic communications, is that the
consumer-purchaser has the right, without penalty and without giving any reason a right of withdrawal to
exercise within seven days after delivery of the product in question.
6.2 Returns will only be possible if the products are in new condition, unused, in its original
packaging, exactly as they are provided by Motex Performance. Returns must be
provide an overpack so that the product packaging remains undamaged.
6.3 If the consumer-purchaser of the right of withdrawal as specified in 6.1 and has used
meets the requirements stated in 6.2, carries Motex Performance will repay
within 30 days of the payment by the consumer-buyer.
7. Retention of title
7.1 Ownership of products, notwithstanding the actual delivery, the buyer, after
Copper everything the Buyer in respect of any agreement with Motex performance is due,
in full, including payment of interest and expenses, including previous or
subsequent deliveries and in respect of the products performed or to be performed.
7.2 The Buyer may products before ownership is not encumber, sell,
resell, transfer or otherwise encumber.
8. Warranty and liability
8.1 For products supplied by Motex Performance general warranty conditions apply
according to Dutch law, unless otherwise expressly indicated. Motex Performance uses a
8.2 Performance Motex is never obliged to pay any compensation to the Purchaser
or others, unless there is intent or gross negligence on the part of Motex Performance. Motex
Performance is never liable for consequential damages, indirect damages and profits or
8.3 If Motex Performance, for whatever reason, is obliged to compensate any damage
the compensation shall not exceed an amount equal to the invoice value to
the product or service which caused the damage.
8.4 Despite the constant care and attention Motex Performance on the composition of the
website, it is possible that the information is incomplete on the website and / or
8.5 The information on the website is regularly updated and / or amended. Motex Performance
reserves the right to make any changes with immediate effect and without notice
to take effect.
8.6 The Buyer shall indemnify any claim by third parties relating Motex Performance
the implementation of the Convention against Motex Performance may claim, as far as the
law does not preclude the damages and costs borne by the Buyer
8.7 It is possible that Motex Performance on its website links to other internet sites
that may be. interesting or informative for the visitor Such links are purely
informative. Motex Performance is not responsible for the content of the website referred to
is referred or the use that can be made.
8.8 The following product types are due to the nature of these products have a limited warranty:
Lighting Line: No guarantee on condensation and incandescent / halogen lamps themselves.
Body Styling Parts, including all polyester products: No guarantee on fit.
8.9 All products sold by Motex Performance for show use or
use in motorsport. Not all products are suitable for use on public roads and in
factory cars. Motex Performance is not liable for use on public roads, and / or
9. Force Majeure
9.1 In case of force majeure Motex Performance not kept its obligations to the Buyer
to come, the obligation is suspended for the duration of the force majeure.
9.2 Force majeure shall mean any circumstance beyond its control, causing the
fulfillment of its obligations towards the Purchaser is prevented. wholly or partially Until that
circumstances include strikes, fires, business disturbances, power failures, or non-
timely delivery by suppliers or other third parties and the absence of any over
government to obtain authorization. Also, force majeure
include failures in (telecommunications) networks or connections or communications
and / or the unavailability of the website at any time.
10. Intellectual property
10.1 The Buyer acknowledges that all intellectual property shown
information, communications or other expressions concerning the products and / or with respect to the
internet site Motex Performance, its suppliers or other claimants.
10.2 Intellectual property includes patents, copyrights, trademarks, designs and
design rights and / or other (intellectual property) rights, or other produce, as well as al-
not patentable technical and / or commercial know-how, methods and concepts.
10.3 The Buyer is to make including the implementation of changes, prohibited use
intellectual property rights as described in this article, such as
reproduction, without the express prior written consent of Motex Performance,
its suppliers or other claimants unless it is for private use in relation to the
11. Personal Information
11.1 Performance Motex, the data from the purchaser exclusively in accordance with
11.2 Motex Performance will observe the applicable privacy regulations and legislation.
12. Applicable law and competent court
12.1 All offers and agreements are subject to Dutch law.
12.2 The applicability of the Vienna Sales Convention is expressly excluded.
12.3 All disputes related to or arising out of Motex Performance
or agreements with Motex Performance will be submitted to a competent court in
Netherlands, unless the law explicitly another judge as competent.
13.1 In the event the purchaser an order, or ordered products need to cancel after
confirmation and / or a payment has been made, Motex Performance has the right Buyer
sending of the costs incurred by Motex Performance an invoice. This includes
transport and handling. These costs amount to 15% of the principal with a
minimum of € 25, -
13.2 The Purchaser may cancel the sale only through a written request. This can be
by fax, letter or email. Verbal cancellations are not valid. A contract is only canceled
When a cancellation request in writing to the Purchaser Motex Performance is
defined / confirmed.
14.1 Motex Performance is based in Zwaag, Paaldijk 23 (1689 WE) and registered under
Chamber of Commerce number 51,845,202. The VAT identification number is NL850197296B01. Please
send to Motex all correspondence regarding whether these conditions
Performance, Paaldijk 23 (1689 WE) to Zwaag or e-mail address as indicated on the
14.2 Customer Service (+31 (0) 646 393 015) is available for information on working days from 12.00 am to
17:00. They can also be reached at the e-mail address: [email protected]
14.3 Within five working days will answer your e-mails by our customer.
Motex Performance is committed to a fair and honest manner with its customers
communicate. Unfortunately, we can not always be avoided by a third party. Abuse of our name