Terms and Conditions
Motodam B.V. — de Kwakel, The Netherlands
1. 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.
2. 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.
3. 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.
4. 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.
5. Article 5 — Delivery
Delivery takes place when the motorcycle is collected by the buyer or delivered to the agreed address. Risk transfers to the buyer upon delivery. Delivery timelines are indicative and exceeding them does not entitle the buyer to compensation or contract termination.
6. Article 6 — Payment
Payment is due within 14 days of the invoice date, unless otherwise agreed. 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 motorcycles until full payment has been received.
7. Article 7 — Warranty and Liability
All motorcycles 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 motorcycle (or having been offered the opportunity to do so) prior to purchase. The motorcycle 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 does not constitute a defect. The following parts are considered consumable and are excluded from warranty: tires, 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 — All warranty claims must be submitted within one (1) year of the delivery date. 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 motorcycle in question. Warranty void — Any warranty is void if the motorcycle has 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. Consignment sales — Motorcycles sold on consignment (in commissie) are sold by Motodam B.V. acting solely as intermediary on behalf of a private seller. The purchase agreement is between the buyer and the private seller. These motorcycles are sold as-is, without any warranty from Motodam B.V. The legal warranty under Art. 7:17 BW does not apply, as it concerns a private sale. Motodam B.V. accepts no liability for defects, whether visible or hidden, in consignment motorcycles. Consignment vehicles are clearly identified as such in the listing and purchase agreement.
8. 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, the dispute will be submitted to the competent court in The Hague (Rechtbank Den Haag). These terms were last updated on 1 March 2026.