Terms and Conditions
Motodam B.V., de Kwakel, The Netherlands
Article 1. General
These general terms and conditions apply to Motodam B.V., located at Noorddammerweg 17E, 1424 NV de Kwakel, registered with the Dutch Chamber of Commerce (KvK). In these terms: - Seller: Motodam B.V. - Buyer: any natural or legal person entering into an agreement with Motodam B.V.
Article 2. Applicability
These terms apply to all offers, quotations, and agreements between Motodam B.V. and the buyer. Deviations from these terms are only valid if agreed upon in writing. By placing an order or entering into an agreement, the buyer accepts these general terms and conditions.
Article 3. Offers and Prices
All offers are non-binding unless explicitly stated otherwise. Prices include VAT (BTW) unless otherwise indicated. Motodam B.V. reserves the right to adjust prices. Obvious errors in prices or offers are not binding on Motodam B.V.
Article 4. Purchase Agreement
A purchase agreement is formed when the buyer accepts the offer and the conditions have been met. For distance purchases, the buyer has a 14-day cooling-off period in accordance with Dutch consumer law, unless the product is custom-made. Cancellation must be submitted in writing.
Article 5. Delivery
Delivery takes place when the vehicle is collected by the buyer or delivered to the agreed address. Risk transfers to the buyer upon delivery. The delivery date is stated in your agreement. In the event of a delay we will inform you of the consequences and your options. Your statutory rights remain applicable.
Article 6. Payment
You pay no later than on delivery, unless otherwise agreed in writing. In the event of late payment, the buyer is in default by operation of law, and Motodam B.V. is entitled to charge statutory interest and collection costs. Motodam B.V. retains ownership of delivered vehicles until full payment has been received.
Article 7. Warranty and Liability
All vehicles are sold subject to the legal warranty under Dutch Civil Code (conformity requirement, Art. 7:17 BW). Inspection and acceptance. The buyer acknowledges having inspected the vehicle (or having been offered the opportunity to do so) prior to purchase. The vehicle is sold in the condition as seen and test-ridden. Defects or characteristics that were visible or disclosed at the time of sale are considered accepted by the buyer. Wear and consumables. Normal wear and tear is not covered by the additional commercial warranty. This does not limit your statutory rights. Normal wear includes, among other things: tyres, brake pads, battery, filters, fluids, chains, sprockets, clutch plates and light bulbs. Notification obligation. The buyer must report any defects to Motodam B.V. in writing within two (2) months of discovery. Failure to report a defect in time forfeits the buyer's right to claim. Claim period. Your statutory rights in respect of a vehicle that does not conform to the agreement remain fully applicable. For an additional commercial warranty, the duration and conditions agreed in writing apply. Exclusion of indirect damages. Motodam B.V. is not liable for any indirect or consequential damages, including but not limited to: loss of profit, loss of use, transportation costs, rental vehicle costs, business interruption, or reputational damage. Liability cap. The total liability of Motodam B.V. shall in no case exceed the purchase price paid for the vehicle in question. Warranty exclusions. Whether a defect is covered by the warranty is assessed on the basis of its cause, the agreement and the applicable conditions. The additional commercial warranty does not cover defects caused by the vehicle having been: (a) used in a manner inconsistent with its intended purpose, (b) inadequately maintained, (c) repaired or modified by parties other than Motodam B.V. or an authorized workshop, or (d) subject to tampering with the VIN or odometer. This does not limit your statutory rights. Consignment. For consignment vehicles, the purchase agreement states who the seller is and in what capacity Motodam acts. Motodam provides no additional commercial warranty on consignment vehicles. Your statutory rights are not limited by these terms. Consignment vehicles are clearly identified as such in the listing and purchase agreement.
Article 8. Disputes and Applicable Law
All agreements are governed by Dutch law. Disputes are preferably resolved through mutual consultation. If this is not possible, disputes will be submitted to the court that has jurisdiction under the law. These terms were last updated on 1 March 2026.