Terms and Conditions

General Terms and Conditions Fourstrokebarn – april 2024

Definitions
1. Fourstrokebarn: Fourstrokebarn, located at Maarssenbroeksedijk 39, 3542DM, Utrecht, the Netherlands and available at: +316 43 08 79 45. Known at the Chamber of Commerce under number: 30250662.
2. You: The person with whom Fourstrokebarn has entered into an agreement.
3. Parties: Fourstrokebarn and you together.
4. Condition: The condition the product is in when purchased.

Applicability of general terms and conditions

1. These conditions apply to all agreements concluded between Fourstrokebarn and you.
2. These conditions apply without prejudice to the rights and obligations that parties have under the law.
3. Parties may only deviate from these conditions if they have agreed in writing.
4. The general terms and conditions of Fourstrokebarn can be changed at any time. The version that was visible on the Fourstrokebarn website at the time of concluding the agreement applies to you.

Products and services

1. 1. Fourstrokebarn sells new and second-hand products. In addition, Fourstrokebarn provides services in the sense that Fourstrokebarn can mediate for you in obtaining products from third parties.
   2. Fourstrokebarn makes no binding statements about the condition of the second-hand products at the time of concluding an agreement between the parties. When concluding the agreement regarding a second-hand product, you declare and agree that you are aware that the history and therefore the condition and any defects of the second-hand product are not or could not be known to Fourstrokebarn and that you therefore cannot is or could be known.

Prices

1. 1. All prices used by Fourstrokebarn represent euros, include VAT and exclude shipping costs and other costs, unless expressly stated otherwise or agreed otherwise.
   2. No rights can be derived from the prices as displayed on the website, in the store or elsewhere.
   3. Increases in cost prices of products or parts thereof, which Fourstrokebarn could not have foreseen at the time of making the offer or concluding the agreement, may give rise to a price increase.
   4. You have the right to terminate the agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a legal regulation.Shipping costs
   5. You may be charged shipping costs.
   6. Any shipping costs will be communicated to you by Fourstrokebarn before the shipping agreement is concluded.Payment
   7. Fourstrokebarn requests that you pay the amounts owed by you following the conclusion of an agreement with Fourstrokebarn in full in one go at or immediately after concluding the agreement, in cash or by bank transfer. However, you cannot be legally obliged to do so. If you have paid the amounts due in full and in one go, you are deemed to have agreed to the request for full payment. If you do not wish to comply with the request for full payment at once, you cannot assert any rights regarding the execution of the agreement with Fourstrokebarn before full payment has been made.

Retention of title

1. Fourstrokebarn remains the owner of all delivered products until you have fully fulfilled your payment obligations arising from the agreement between Fourstrokebarn and you.
2. You may not sell, pledge, dispose of or otherwise encumber the products before the right of ownership of the product has been transferred to you upon payment of the payment obligation.

Storage

1. If you want products delivered at a future date, Fourstrokebarn may charge additional costs for this.

Transfer of rights

1. Your rights arising from an agreement between you and Fourstrokebarn cannot be transferred to third parties.

Delivery

1. Delivery will only take place after Fourstrokebarn has fully received the payments due from you.
2. The place of delivery is the address that you have provided to Fourstrokebarn.
3. Fourstrokebarn aims to deliver products that are in stock within 30 days, unless otherwise agreed between you and Fourstrokebarn. For the rest, Fourstrokebarn delivers within a reasonable period, depending on the agreement concluded with Fourstrokebarn. If you consider it important that delivery takes place on or before a certain date, you can indicate this when concluding the agreement. Fourstrokebarn will then indicate whether this delivery period is realistic and feasible.

Compliance

1. Fourstrokebarn guarantees that the products and/or services comply with the agreement. Once again, Fourstrokebarn does not make any binding statements about the condition of the second-hand products at the time of concluding an agreement between the parties. When concluding the agreement regarding a second-hand product, you declare and agree that you are aware that the history and therefore the condition and any defects of the second-hand product are not or could not be known to Fourstrokebarn and that you therefore cannot is or could be known.
2. If Fourstrokebarn makes any repairs to a product after its purchase by you, from the point of view of good service, this never implies any acknowledgment of liability on the part of Fourstrokebarn.

Right of withdrawal

1. You can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:

• the product is returned complete, in the purchased condition and in the original packaging. The product may be viewed as you would in the store. For example, you are allowed to look at a spark plug from all sides, but you cannot first install it in the engine block and then return it afterwards.;
• it is not a product that has been tailor-made or adapted especially for you;
• it is not an electronic product or engine block.

2. You do not have the right to terminate an agreement to provide services, after fulfillment of the agreement, and insofar as the agreement entails a payment obligation for you, if:
3. the performance has begun with your express prior consent; and
4. you have declared that you waive your right of termination as soon as Fourstrokebarn has fulfilled the agreement.
5. You can inform Fourstrokebarn that you wish to invoke the right of withdrawal by sending the model form (appendix 1 to these conditions) or by sending a written notification to Fourstrokebarn.
6. You are obliged to return the product to Fourstrokebarn within 14 days after invoking the right of withdrawal from Fourstrokebarn, failing which your right of withdrawal will lapse. You can return the product in the store or send it by post to the store’s address.
7. The costs of initial delivery by Fourstrokebarn to you will not be reimbursed by Fourstrokebarn if you invoke the right of withdrawal.
8. You bear the costs of returning the products in the event of exercising the right of withdrawal, even if the products cannot be sent by regular mail.
9. You bear the risk of returning until Fourstrokebarn has received the product in the sold condition.
10. If a product does not meet the conditions stated in the first paragraph, Fourstrokebarn may charge you a depreciation or refuse the return.
11. If you exercise your right of withdrawal, Fourstrokebarn will aim to transfer the purchase amount (possibly minus depreciation) to your bank account within two weeks of receipt of the returned product. If the product was purchased with gift or discount vouchers, a refund will be made in the same form.
12. If the return is refused by Fourstrokebarn because it does not meet the conditions, you will be informed of this. You can receive the returned product by collecting it from the store or requesting Fourstrokebarn to return it to you upon payment of the shipping costs.

Complaints procedure

1. If you have a complaint, you must notify Fourstrokebarn within two months.
2. The complaint will be handled by Fourstrokebarn. A confirmation of receipt will be provided to you.
3. Fourstrokebarn will consult with you about a suitable solution.
4. If no suitable solution is found, you are free to engage an independent dispute resolution professional.

Attachment 1

Model form for dissolution / revocation

Only complete and return this form if you wish to terminate / revoke the agreement.

At Fourstrokebarn, Maarssenbroeksedijk 39, 3542 DM, Utrecht

I/We (*) hereby inform you that I/We (*) revoke/revoke our agreement regarding the sale of the following goods/provision of the following service (*) (*)

Ordered on (*)/Received on (*)

Name(s) of consumer(s)

Address consumer(s)

Signature of consumer(s)

[only when this form is submitted on paper]

Date

(*) Delete what is not applicable.