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Web Shop Terms & Conditions

Web Shop Terms & Conditions

This website operated by Yamaha Motor Europe N.V. (further referred to as we, us/our). These Terms & Conditions govern your use of this website, any order placed through this website, and all contracts between us and you (as customer/visitor of the website) concluded through this website. By using this website, you accept to be bound by these Terms & Conditions. We may update these Terms & Conditions from time to time.

Please read these Terms & Conditions carefully before using our website.

This website, including its content, such as texts, videos, sounds, models, designs, manuals, generated motorcycle configurations and any other information and materials (including anything protected by intellectual property rights), is managed by Yamaha Motor Europe N.V., a public company with limited liability established according to Dutch law. You may contact us at: Koolhovenlaan 101 (1119 NC) Schiphol-Rijk, The Netherlands, registered at the Dutch Chamber of Commerce with number 34084613; VAT number: NL001620022B01; tel: +31.20.6546546; e-mail: e-com-support-NL@yamaha-motor.eu.

Last update of these Terms & Conditions: 25 April 2018

1              How to place an order?

1.1        To place an order, you need to follow the online shopping procedure.

1.1        All orders are subject to acceptance by us. We will confirm such acceptance by sending you an email confirming that your order has been accepted (Order Confirmation). The contract between you and us will only be formed when you have received our Order Confirmation and only in relation to the product(s) mentioned therein.

1.2        By placing an order through this website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts. In the event of supply difficulties or if products are no longer available in stock, we will inform you and reimburse any monies that you might have paid already.

2             Creating an Account and access

2.1        If there is the possibility on the web shop, you may create a personal Account for our website by following the registration steps described on the website. We are entitled to decline your Account request for any reason. You will not create more than one Account. You will not transfer or sell your Account.

2.2       You are responsible for any access to and use of your Account, and for preventing any unauthorised use. In order to protect and maintain the security of your Account:

            2.2.1       You will set a secure password, which is required for logging in to your Account. You will not share your password or let anyone else access and use your Account and you will notify us immediately if you know or have any reason to suspect anyone else knows, has access to, or uses your user name and password;

            2.2.2        You will not use the website in any manner that infringes our or anyone else's rights, including but not limited to these Terms & Conditions, intellectual property or privacy rights, or any applicable laws and regulations.

2.3        We reserve the right to close your Account and restrict or deny your access to our website if we have reason to believe that you violate these Terms & Conditions.

3          Price

3.1        We charge the prices mentioned on our website. All prices are inclusive the applicable VAT. Delivery costs will be charged in addition and will be displayed in the overview of total costs, before you submit your order.

3.2       The accepted payment methods are described on our
website.

4          Delivery and ownership

4.1        We will endeavour to fulfil your order by the delivery
date as set out in the Order Confirmation, or if no delivery date is specified,
within 14 days after the date of the Order Confirmation, unless there are
exceptional circumstances. Depending on the type of order, delivery may take
place either via the delivery pickup point selected by you, or at an address
designated by you. If it is impossible to present your order at the pickup
point or the designated address within those 14 days, we will contact you
before expiry of that period.

4.2       Ownership of the products will only pass to you when we receive full payments of all sums due in respect of the products, including delivery costs, or upon delivery, whichever is later.

5          Intellectual property rights

5.1        You acknowledge and agree that all intellectual property rights in all materials and contents contained in this website shall remain at all times vested in us or our licensors. You agree that you will not use such proprietary information or materials in any way whatsoever except for the use of this website in compliance with these Terms & Conditions.

6           Return of a product

Right of withdrawal

6.1         During a period of 14 days after the date that you have received the product, you shall in principle have the right to withdraw from the contract, without giving any reasons for such withdrawal. If you wish to make use of your right of withdrawal, you may do so in accordance with the instructions and conditions described in the information page: “How to exercise your right of
withdrawal?”
[insert hyperlink to the Information Page] included on our website. There you will also find the Model Withdrawal Form [link to PDF] you may use for exercising your right of withdrawal.

Return of a defective product

6.2         If you consider that the product is defective or not in conformity with your order at the time of the delivery, please contact us without delay per email or in writing, presenting us with details of the product, including purchase order number, and its damage. We will then instruct you how to proceed.  If the products are not in conformity with the contract, we will comply with the applicable statutory guarantee of conformity of goods. This means that the product should be in conformity with the reasonable expectations which you as consumer may expect from the product. It depends on the specific product what legal guarantee product you as consumer may expect. The legal guarantee is separate from our contractual warranty terms of one year, available here.

7              Liability

7.1        This website and the products have been prepared with the highest care and skill. We however cannot warrant that our website is always available and that the information on our website is complete, correct or up-to-date. In as far as permitted by mandatory law, we exclude any liability for damage resulting from or related to any use of our website or the information on it. Using our website will be at your own risk.

7.2        In deviation from the above our liability in connection with any product purchased through our website is limited to the purchase price paid by you for that product, unless the damage is caused by gross negligence and/or intent at our side.

7.3        Our website may include links to other websites. You
agree that we have no influence on and no liability whatsoever for such linked
websites. If you visit those websites, we encourage you to consult the terms
and conditions and privacy policies available there.

8              Personal data

8.1        You warrant that all data you provide to us via our website or otherwise, are accurate.

8.2        The personal data that we collect in relation to this website is subject to our Webshop Privacy Statement. [insert hyperlink]

9              Miscellaneous

9.1        Dutch law applies to your contract with us and these Terms & Conditions.

9.2        All disputes, claims or any other cause of action arising out of or relating your contract with us, your access or use of our website and these Terms & Conditions shall be resolved by a competent Dutch court.

9.3        Statutory regulations on mandatory application of national or international consumer protection law remain unaffected.

10             Contact

10.1        Your comments and suggestions are always welcome. You can send your comments and suggestions, or complaints via the contact form or via an email to e-com-support-NL@yamaha-motor.eu, or you can call +31.20.6546546.

10.2        n addition to the possibility to submit your complaint directly to us, you may also submit you complaint about the purchase of products on our website to the online dispute resolution of the EU (the ODR-platform). The ODR-platform allows consumers to use alternative dispute resolution to resolve complaints in relation to online purchases in an easy manner. You can find the ODR-platform here.