General conditions

Below you can read the terms and conditions of Pro Moto Products

Terms and Conditions Shipping costs

  1. Shipping costs within the Netherlands
    • For any order with an order amount below €249.99 excluding VAT, shipping costs of €7.50 excluding VAT will be charged.
    • Orders with an order amount from €250 excluding VAT will be shipped free of charge.
  2. Shipping costs to Belgium
    • For any order with an order amount below €349.99 excluding VAT, shipping costs of €10 excluding VAT will be charged.
    • Orders with an order amount from €350 excluding VAT will be shipped free of charge.
  3. Shipping costs to Germany
    • For any order with an order amount below €349.99 excluding VAT, shipping costs of €10 excluding VAT will be charged.
    • Orders with an order amount from €350 excluding VAT will be shipped free of charge.
  4. Shipping costs to France
    • For any order with an order amount below €300 excluding VAT, shipping costs of €13 excluding VAT will be charged.
    • Orders with an order amount from €300 excluding VAT are shipped free of charge.
  5. Shipping costs to the United Kingdom
    • For any order with an order amount below €500 excluding VAT, shipping costs of €18 excluding VAT will be charged.
    • Orders with an order amount from €500 excluding VAT are shipped free of charge.
  6. Shipping costs to Italy
    • For any order with an order amount below €300 excluding VAT, shipping costs of €14 excluding VAT will be charged.
    • Orders with an order amount from €300 excluding VAT are shipped free of charge.
  7. Shipping costs to Spain
    • For any order with an order amount below €350 excluding VAT, shipping costs of €15 excluding VAT will be charged.
    • Orders with an order amount from €350 excluding VAT will be shipped free of charge.
  8. Additional Provisions
    • Shipments outside the countries listed above can be arranged upon request, with shipping costs and conditions to be determined by mutual agreement.
    • Any import duties, taxes or customs charges shall be borne by the customer unless otherwise agreed in writing.
  9. Changes
    • Pro Moto Products reserves the right to change these shipping terms and rates at any time. Any changes will be communicated in a timely manner.
  10. Applicable Law
  • These terms and conditions are governed by Dutch law.

Terms and Conditions of Returns

  1. Deadline for Returns
    • All returns must be notified and returned within 14 days from the date of receipt. Returns offered after this deadline will not be accepted unless otherwise agreed in advance.
  2. State of the Products
    • Returned products must be returned in their original packaging.
    • The products should be unused and in new condition. Damaged, used, or incomplete products will not be accepted.
  3. Exclusion of Return Right
    • Specially ordered products, including those out of stock or not standard in our range, cannot be returned.
  4. Return at Error from Us
    • If the fault lies with us, such as an incorrectly delivered product or a defective item, we will cover the return costs and provide a suitable solution.
  5. Return Procedure
    • View the return page to start the return process. Always include a copy of the original invoice or order confirmation with the return.
    • Returns without prior notification may be refused.
  6. Responsibility during Transport
    • The customer is responsible for careful packaging and proper shipping of the product. We are not liable for loss or damage in transit.
  7. Refund and Settlement
    • Upon receipt and inspection of the return, the amount of the returned products will be refunded, excluding any shipping costs, unless the fault lies with us.
  8. Applicable Law
    • These return conditions are governed by Dutch law.

General Terms and Conditions – Deliveries and Backorders

  1. Delivery in One Shipment
    • All products ordered are shipped in one delivery by default.
  2. Backorders
    • If one or more products are backordered, the entire order will be held until all products are available.
    • By agreement, the customer may choose to receive a partial delivery. In that case, any additional charges may apply.
  3. Deviating Appointments
    • If different arrangements are made for the delivery of an order, both parties must agree to these arrangements in writing or by e-mail.
  4. Liability for Delay
    • Pro Moto Products is not liable for any delays caused by backordered products unless otherwise agreed in writing.
  5. Applicable Law
    • These terms and conditions and all deliveries are governed by Dutch law.

Terms and Conditions Backorders

  1. Delivery in the Netherlands
    • Back orders will be delivered free of charge within the Netherlands if the total amount of the back order exceeds €100 excluding VAT.
    • For subsequent deliveries below this amount, regular shipping costs will be charged.
  2. Supply to other countries
    • For backorders to countries outside the Netherlands, standard shipping rates are applied, regardless of the amount of the backorder.
  3. Option for addition to next order
    • In all cases, backorders may be added to a subsequent placed order at the customer’s request. In this case, no additional shipping costs will be charged for the backorder.
  4. Exceptions
    • Special requests or different arrangements with dealers must be in writing and confirmed by both parties.
  5. Changes and Adjustments
    • The company reserves the right to change these terms and conditions at any time. Any changes will be communicated in a timely manner.
  6. Applicable Law
    • These terms and conditions are governed by Dutch law.

General Terms and Conditions – Delivery times

  1. Lead times for Stock Items
    • If an item is in stock, the order will be shipped the same business day if possible.
    • The order will be shipped only when complete. For exceptions and more information, see the heading General Terms and Conditions – Deliveries and Backorders.
  2. Lead times for Non-stock items
    • For out-of-stock products, delivery time may vary from a few days to weeks.
    • Customers can contact us to request the current delivery time of specific products.
  3. Dependence on Suppliers
    • Delivery times for non-stock items depend on how quickly manufacturers and suppliers can deliver. Pro Moto Products cannot guarantee exact delivery times.
  4. Liability for Delay
    • Pro Moto Products is not liable for delays caused by third parties, such as manufacturers or carriers.
  5. Communication about Delivery Times
    • We do our best to inform customers about the status of their order and expected delivery times in as timely and accurate a manner as possible.
  6. Applicable Law
    • These terms and conditions and the delivery of products are governed by Dutch law.

Terms and Conditions – Images

  1. Use of Images
    • All photos displayed on the website are for illustration purposes only and are intended as examples.
  2. Deviations from Delivered Products
    • Images shown may differ from the actual product delivered. This may be due, for example, to changes in product design, color nuances, or technical updates by the manufacturer.
  3. No Liability
    • Pro Moto Products is not liable for any differences between the products shown and the products actually delivered, provided that the products delivered meet the agreed specifications.
  4. Questions or Uncertainties
    • If in doubt about the specifications or appearance of a product, we advise customers to contact us for additional information prior to ordering.
  5. Applicable Law
    • These terms and conditions and the use of images are governed by Dutch law.

General Terms and Conditions – Prices

  1. Dealer prices Excluding VAT
    • All dealer prices stated on our website, quotations, and other communications are exclusive of VAT, unless explicitly stated otherwise.
  2. Price Changes
    • Pro Moto Products reserves the right to change prices at any time, without prior notice.
    • Any price changes do not affect orders already confirmed.
  3. Errors and Inaccuracies
    • Pro Moto Products is not liable for typographical errors, mistakes or technical malfunctions that result in incorrect price displays. In such cases, we reserve the right to correct or cancel the order.
  4. Tenders and Validity
    • Quotes are non-binding and have a validity what at the bottom of the quote, unless otherwise indicated. Prices may be adjusted after the expiration date.
  5. Applicable Law
    • These terms and conditions and the prices stated are governed by Dutch law.

General Terms and Conditions – Discounts on Products

  1. Fixed Discounts
    • The discounts displayed with our products are fixed discounts and are not negotiable.
  2. No Extra Discounts for Larger Purchases
    • The discount percentage remains unchanged regardless of the quantity of products purchased. Larger purchases do not entitle you to additional discounts.
  3. Exceptions
    • Any different agreements or temporary promotions will only be confirmed in writing or by e-mail by Pro Moto Products. Without written confirmation, only the displayed fixed discounts apply.
  4. Applicability
    • These terms and conditions apply to all customers unless expressly agreed otherwise.
  5. Applicable Law
    • These terms and conditions and the discounts applied are governed by Dutch law.

General Terms and Conditions – Stock

  1. Display of Stock
    • The stock status of each item is clearly displayed on our website and/or in other communications.
  2. Discrepancies in Stock
    • Although we do our best to keep stock status up-to-date, the stock displayed may not fully reflect actual stock.
    • In such cases, we will inform the customer as soon as possible and, if necessary, offer an appropriate solution, such as a re-delivery, replacement, or cancellation of the order.
  3. No Liability
    • Pro Moto Products shall not be liable for any damages or inconveniences resulting from discrepancies in the stock display.
  4. Additional Information
    • If in doubt about the availability of an item, we recommend contacting our customer service department in advance.
  5. Applicable Law
    • These terms and conditions and the display of stock are governed by Dutch law.

General Terms and Conditions – Liability

  1. Definitions
    • In these terms and conditions, the following definitions shall apply:
      • “Supplier” means Pro Moto Parts, located in Zelhem, the Netherlands.
      • “Customer”: The buyer of the products, being companies or resellers.
      • “Products”: All motocross and related products supplied by Supplier to Customer.
  2. Liability of the Supplier
    • The Supplier shall be liable for compliance with the legal warranty conditions, including reimbursing defects resulting from manufacturing or material defects within the applicable warranty period of the product.
    • The Supplier’s liability is limited to replacing or repairing defective products, or providing a refund of the purchase price of the defective product, depending on the nature of the defect and at the Supplier’s discretion.
    • The Supplier shall not be liable for any damages resulting from misuse, improper installation or maintenance of the products, or for damages resulting from neglect of the manufacturer’s recommended use and maintenance instructions.
  3. Exclusions of Liability.
    • The Supplier shall not be liable for indirect damage, consequential damage, loss of profits, loss of use or any other loss arising from the use of the products.
    • The Supplier’s liability is also excluded for damages caused by force majeure, such as natural disasters, war, failures in production or delivery, or other unforeseen circumstances beyond the Supplier’s control.
    • If a product is assembled or modified by the Customer by a third party, the Supplier’s liability for any defects resulting from these actions shall be extinguished.
  4. Warranty
    • Products supplied by the Supplier are covered by the warranty terms as specified by the manufacturer. The warranty period varies by product. Please contact us for this purpose.
    • The Customer shall report defective products to the Supplier in writing within a reasonable time after discovery of the defect. The Customer is responsible for providing the necessary documentation and following the prescribed procedures for warranty claims.
    • The Supplier reserves the right to reject a warranty claim if the defect is due to improper use, normal wear and tear or other factors beyond the Supplier’s responsibility.
  5. Limitations of Liability
    • In no event shall the Supplier’s liability exceed the original price of the defective products. The Supplier is not responsible for damages resulting from the use of products that are not intended for the intended purposes or that do not comply with applicable laws and regulations.
  6. Governing Law and Disputes
    • These general terms and conditions are governed by Dutch law. All disputes arising from these terms and conditions shall be submitted to the competent court in the district where the Supplier is located, unless otherwise provided by law.

Note: This is a general condition of liability that clarifies the responsibilities of both the supplier (Pro Moto Parts) and the customer (the buyer), with specific exclusions of liability in case of misuse or third-party damage. It is always a good idea to have the terms reviewed by legal counsel to ensure they comply with local laws and are specific to your business situation.

General Terms and Conditions – Webshops

  1. Prices Subject to Reservation
    • All prices listed are subject to change at any time without notice.
    • Any changes in prices do not affect already agreed bids or concluded contracts.
  2. One-time Free Adjustment
    • After approval and delivery of the webshop, we offer the possibility to adjust your webshop once for free.
    • This free adjustment must be requested within 7 after completion, unless otherwise agreed upon.
  3. Cost of Additional Adjustments
    • A fee will be charged for adjustments beyond the one-time free change.
    • The amount of these costs depends on the nature and extent of the adjustments.
  4. Request for Adjustments
    • Customers who wish to have additional modifications made should contact us to do so.
    • We will discuss the requirements and provide a quote before the modifications are made.
  5. Liability
    • We are not liable for delays, errors, or additional costs resulting from unclear or incomplete change requests.
  6. Applicable Law
    • These terms and conditions and all agreements related to the development and adaptation of web shops are governed by Dutch law.

General Terms and Conditions for Webshop Development and Management

These terms and conditions (“Terms and Conditions”) apply to all services provided by Pro Moto Parts (“We,” “Our,” “Subscription”) to customers (“Customer,” “You”) in connection with the development, management and maintenance of web shops.

1. Consent and Access to the Website.

  • Customer grants Pro Moto Products permission to access, and perform work on, Customer’s managed website while the agreement between the parties is in effect.
  • In the event of termination of the agreement between the Client and Pro Moto Products, or if the Client decides at any time to no longer permit access to the website, the Client remains obligated to fully compensate Pro Moto Products for work done and any costs already incurred.
  • If the Customer wrongfully or without prior written notice withdraws access to the website for Pro Moto Products, the Customer is obliged to pay a fine of 5000 ( Euros ) per day from the day on which access is withdrawn.

2. Use and Protection of Data.

  • Customer acknowledges that all data, including customer data, product information, order history and other data collected by Pro Moto Products as part of the webshop remains the property of Customer. However, Pro Moto Products has the right to use this information for the performance of the agreed services.
  • Customer shall not resell, share, distribute or otherwise provide to third parties any information provided or collected by Pro Moto Products for the web shop without the prior written consent of Pro Moto Products, unless it is necessary for the performance of the services and has been agreed upon by the parties.
  • If the Customer violates this provision and resells data to third parties without permission, the Customer is obliged to pay a fine of 10000 ( euros ) per violation, without prejudice to Pro Moto Products’ right to claim further damages.

3. Payment of Fines.

  • All fines as described above shall be paid by Customer within a period of 14 days after receipt of a written demand from Pro Moto Products. For non-payment within the stipulated period, the penalty will be increased by an interest rate of 5% per month until the full amount is paid.
  • If the Customer refuses or defaults in paying penalties, Pro Moto Products reserves the right to take further legal action and terminate the agreement.

4. Liability

  • Pro Moto Products shall not be liable for loss of data, damage to the web shop or any other loss resulting from Customer’s actions, including failure to provide access to the website or wrongful resale of data to third parties.
  • The Customer is fully responsible for the content of the webshop, the security of customer data and compliance with relevant privacy laws and regulations (such as the AVG).

5. Duration and Termination.

  • The agreement between Pro Moto Products and Customer shall remain in effect until terminated in writing by both parties, or until either party terminates the agreement based on a breach of its terms.
  • If the Customer terminates the agreement or withdraws access without proper cause, Pro Moto Products may be entitled to damages, including but not limited to the aforementioned penalties and loss of anticipated revenue.

6. Applicable Law and Disputes.

All disputes arising out of or relating to these Terms and Conditions shall be brought exclusively before the competent court in the district where Pro Moto Products is located, unless otherwise provided by law.

These General Terms and Conditions are governed by Dutch law.

Retention of title

  1. Ownership of Products
    • All delivered products remain the property of Pro Moto Products until full payment of the invoice, including any additional charges such as shipping costs, has been paid by the customer.
  2. Risk During Use
    • The risk of loss, theft or damage to the products passes to the customer at the time of delivery, even if ownership has not yet been transferred.
  3. Right of Revocation of Property
    • If the customer defaults on payment, Pro Moto Products reserves the right to recall the products at the customer’s expense, without the need for further notice.
  4. Prohibition of Resale
    • Until full ownership is transferred, the customer is not permitted to sell, pledge, or otherwise encumber the products.
  5. Full Payment
    • Once full payment is received, ownership is automatically transferred to the customer.
  6. Applicable Law
    • These terms and conditions and the transfer of ownership are governed by Dutch law.

Use of the Clutch

  • It is not allowed to modify the sales prices set through the data link.
  • Customers may apply discount codes internally, such as for regular customers, provided that it does not affect the integrity of the original sales prices.

Cost

  • Using the data link costs €240 per year excluding VAT.
  • This fee is billed annually in advance in January, for the full calendar year.

Compatibility

  • The data link is only available for WordPress websites.
  • Other platforms are not supported.

Access to Data

  • Pro Moto Parts must have access to data shared through the link.
  • Access may be requested for support, maintenance, or verification of proper use.

Prohibition on Providing to Third Parties

  • It is strictly prohibited to sell, share, or otherwise make data from the data link available to third parties.
  • A fine of €10,000 excluding 21% VAT will be imposed for violation, in addition to any additional damages.

Liability and Sanctions

  • Customers who violate the terms are liable for all direct and indirect damages.
  • Pro Moto Parts is not responsible for clutch failures caused by external factors.

Applicable Law

  • These terms and conditions and the use of the data link are governed by Dutch law.

General Terms and Conditions – Termination Clutch Data

  1. Notice
    • If you wish to cancel the data link, you must notify us in writing or via e-mail by December 31 at the latest.
  2. Automatic Renewal
    • If no timely notice of cancellation is given, the link will be automatically renewed and the agreed-upon fees will be charged again for a full year.
  3. Consequences of Termination
    • Upon cancellation of the data link, all linked data and data will be removed from the website.
    • It is the customer’s responsibility to back up or secure any necessary data prior to termination.
  4. No Refund
    • There will be no refund of data link fees already paid, regardless of the reason for cancellation.
  5. Applicable Law
    • These terms and conditions and the termination of the data link are governed by Dutch law.

Terms and Conditions – Fulfillment

  1. Service
    Pro Moto Parts offers a fulfillment service in which orders are shipped directly to the end customer. This service is available to registered dealers.
  2. Cost
    There is an additional 3% surcharge on top of the standard dealer price for using the fulfillment service. This surcharge covers the cost of processing and shipping.
  3. Handling of Customer Data
    • Customer data processed as part of fulfillment will be kept only as permitted by law and in accordance with applicable privacy laws, such as the General Data Protection Regulation (GDPR).
    • Pro Moto Products uses this data only to perform the fulfillment services and does not share it with third parties unless it is necessary to perform the services (for example, with logistics partners).
  4. Privacy Protection
    • Pro Moto Products will not sell, rent or otherwise make customer information available to third parties.
    • Violations of this provision may be reported and appropriate action taken.
  5. Responsibility Customer
    • It is the customer’s responsibility to provide correct and complete data for smooth fulfillment of fulfillment services. Incorrect data may result in delays or errors, for which Pro Moto Products is not liable.
  6. Applicable Law
    • These terms and conditions and the performance of fulfillment services are governed by Dutch law.