Terms and Conditions

In these General Terms and Conditions:

instamoto
Contact: info@instamoto.com

Buyer / Consumer Buyer
Any natural or legal person who acquires or uses products or services placed on the market.

Products
The subject of one or more agreements.

These General Terms and Conditions apply to all offers from instamoto, as well as to all agreements entered into with instamoto.
In addition to these General Terms and Conditions, if expressly indicated, additional terms and conditions may apply to certain services and/or products. If there are any differences between the Additional Terms and Conditions and these General Terms and Conditions, then in principle the provisions of the Additional Terms and Conditions will prevail over the General Terms and Conditions, unless stipulated otherwise.

It is only possible to deviate from one or more provisions in these General Terms and Conditions if this has been expressly agreed in writing. In that case, the other provisions of these terms and conditions will remain in full force.

General Terms and Conditions used by the Buyer do not apply, unless expressly agreed in writing by instamoto.
instamoto reserves the right to change and/or supplement the General Terms and Conditions at any time for future orders.

By using the instamoto web shop and/or placing an order, the Buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the Website.

instamoto is authorized to call on third parties in the performance of an agreement with the Buyer.

Offers are valid while stocks last.
An agreement is concluded at the moment that an order confirmation has been handed over to the Buyer or, in the event that the offer has been made via the Website, has been sent by e-mail to the e-mail address specified by the Buyer.

The Buyer and instamotoexpressly agree that a valid agreement can be concluded by using electronic forms of communication. In particular, the lack of an ordinary signature does not affect the binding force of the offer and its acceptance. The electronic files of instamoto are hereby, to the extent permitted by law, as presumption of evidence.

Information, images, oral communications, statements, etc. with regard to all offers and the most important features of the products that are provided by telephone or e-mail are given or made as accurately as possible.

All prices are expressed in Euro and include VAT.
Special offers are only valid while stocks last.
The Buyer owes the price that instamoto has communicated to it in its confirmation in accordance with Article 2.3 of these terms and conditions. Obvious (manipulation) errors in the quotation, such as obvious inaccuracies, can also be corrected by instamoto after the conclusion of the agreement.

Delivery costs are clearly communicated to the Buyer. With regard to certain payment methods, further conditions apply with regard to the delivery method and any costs. This will be clearly communicated to the Buyer.

Orders via the instamoto webshop can be paid in the following ways:

• Bancontact
• Visa/Mastercard
• iDEAL

instamoto can further expand the payment options in the future, during the checkout of your order via our webshop you can find our current available payment options.

If the amount owed by the Buyer has not been paid within 10 days after its shipment, the legal interest will be due by operation of law and without notice of default, plus a fixed compensation of 10%, with a minimum of € 250.00 without prejudice to any costs notice and court costs.

Instamoto delivers within 1-3 working days within Belgium (BE), The Netherlands (NL), Luxembourg (LUX), Germany (DE) and France (FR). For the rest of EUROPE the delivery times lay between 2-5 days. In principle, instamoto strives to ship orders placed before 1 pm on a working day on the same day. Unless otherwise specified, the delivery deadline is 30 days after receipt of the order.

If a product that is temporarily out of stock is ordered by the Buyer, it will be indicated when the product will be available again. instamoto strives to report delays to the Buyer by e-mail within one working day.

Deliveries take place at the address specified by the Buyer during the conclusion of the agreement.
As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products is transferred to the Buyer.

If the delivery takes place in parts (for example when only some but not all ordered products are in stock), instamoto has the right to consider each delivery as a separate transaction.

The Buyer is obliged to take delivery of the purchased goods within the agreed term. Failing this, instamoto is entitled to demand payment of the purchase price of the part not purchased, or to consider the agreement dissolved without judicial intervention (subject to reimbursement to the Buyer of any advances already paid for the product in question).

At the moment we only ship to the following countries, if your country is not listed please get intouch with us:

• Austria
• Belgium / Bulgaria
• Croatia / Czech Republic
• Denmark
• Estonia
• Finland / France
• Germany / Greece
• Hungary
• Ireland / Italy
• Latvia / Lithuania / Luxembourg
• Netherlands / Norway
• Poland / Portugal
• Romania
• Slovakia / Slovenia / Spain / Sweden / Switzerland
• United Kingdom

The Buyer is obliged to carefully inspect the products (or have them inspected) immediately upon receipt. Complaints from the Buyer, which relate to defects in the product or the delivery, which are externally observable, must be submitted by the Buyer within seven (7) days after delivery (or within seven (7) days after the invoice date if the products have not been delivered to the Buyer ( could) be delivered), must be notified to instamoto in writing.

The Buyer is not entitled to return the products for which there are no substantiated complaints. If this is nevertheless done without valid reasons, then all costs associated with the return shipment will be borne by the Buyer. In that case instamoto is free to store the products with third parties at the expense and risk of the Buyer and to return them to the Buyer at the request and expense of the Buyer.

When you purchase a product on www.instamoto.com, you, as a consumer (the Buyer), can waive your purchase for 14 days from the day of delivery. You have this period of time to inform us of your decision to return the product.

Within 14 days after we have received your order back or you have indicated that you want to cancel the agreement, we will refund you the full purchase price.

In case the goods are manufactured according to the customer’s specifications, they have a personal character and cannot be taken back. As a result, canceling an order is not possible.

instamoto is never liable for any damage – including theft or loss – that occurs to the packaging or product upon return.

If the product has not been received in accordance with the conditions of the right of renunciation, the purchase amount will not be refunded. The product remains the property of the Buyer, who is obliged to collect its property within two weeks. The product can also be delivered at the request of the Buyer.

Ownership of a product, notwithstanding the actual delivery, only passes to the Buyer after the Buyer has paid the payment due for this product in full, including payment of interest and costs.

The Buyer may not tax, sell, resell, alienate or otherwise encumber the products before ownership has passed.

In principle, the warranty applies to products supplied by instamoto, as determined by the manufacturer of the relevant article. If the delivered item does not comply with the agreement, the Buyer must inform instamoto within a period of two months after discovery thereof. Consumer Buyers are entitled to the rights as set out in Articles 1649bis to inclusive. 1649octies of the Civil Code have been included.

If, for whatever reason, instamoto is obliged to compensate any damage to a Buyer, that compensation will never exceed an amount equal to the invoice value with regard to the product or service that caused the damage.

Without prejudice to the provisions of this article, there can be no guarantee in the following cases:

if the wear can be considered normal;
if changes have been made in or to the product, including repairs that have not been carried out with the permission of instamoto or the manufacturer;
if the original invoice cannot be submitted, has been changed or made illegible;
if defects are the result of improper use or improper use;
if damage is caused by intent, gross negligence or negligent maintenance.
The Buyer is obliged to indemnify instamoto against any claim that third parties could assert against instamoto with regard to the performance of the agreement (e.g. consequential damage), insofar as the law does not prevent it objection that the relevant damage and costs should be borne by the Buyer.

It is possible that instamoto includes links on its Website to other websites that may be of interest or information to the visitor. Such links are for informational purposes only. instamoto is not responsible for the content of the website referred to or the use thereof.

If research costs are incurred to identify a defect in the product or part of the product, which is excluded from the warranty, and these costs appear to be excluded from the warranty pursuant to Article 9.3, these costs will always be borne by the customer. Buyer. instamoto strives to report this in advance. The omission of this notification does not release the Buyer from the obligation to pay these costs.

If costs are associated with the repair of a defect and this repair appears to be excluded from the warranty on the basis of Article 9.3, the Buyer will be informed of this. If the Buyer does not expressly agree in writing with the cost estimate, it can have its property returned against payment of the research costs. If the Buyer has not paid these research costs six (6) months after the presentation of the cost estimate, the ownership of the product will lapse to instamoto.

A reduced warranty may apply to used, 2nd hand or demonstration models.

In case of force majeure, instamoto is not obliged to fulfill its obligations towards the other party. instamoto is entitled to suspend its obligations for the duration of the force majeure.

Force majeure is understood to mean any circumstance beyond its control that prevents the fulfillment of its obligations towards the other party in whole or in part. These circumstances include strikes, fire, business failures, power failures, failures in a (telecommunication) network or connection or communication systems used and/or the unavailability of the Website at any time, non-delivery or late delivery by suppliers or other third parties engaged and the lack of any permit to be obtained from the government.

The Buyer expressly acknowledges that all intellectual property rights of displayed information, communications or other expressions relating to the products and/or the Website are vested in instamoto, its suppliers or other entitled parties.

Intellectual property rights are understood to mean patent, copyright, trademark, drawing and design rights and/or other (intellectual property) rights, including whether or not patentable technical and/or commercial know-how, methods and concepts.

The Buyer is prohibited from using and/or making changes to the intellectual property rights as described in this article, such as reproduction without the express prior written consent of instamoto, its suppliers or other entitled parties, unless it only concerns private use of the product itself.

instamoto will only process Buyer’s data in accordance with our Privacy Policy.

All offers and agreements are exclusively governed by Belgian law, to the exclusion of the principles of conflicts of law in space. The applicability of the Vienna Sales Convention is expressly excluded.

All disputes related to or arising from offers from instamoto, or agreements concluded with it, will be submitted to the competent court in the district of Hasselt, unless a mandatory legal provision expressly designates another court as competent.

The registered office of instamoto is located in Hasselt BE with KBO number BE 0824.571.858. Please send all correspondence regarding an agreement or these conditions to instamoto at info@instamoto.com

instamoto strives to answer the e-mails it receives within 24 hours. If complaints are reported to instamoto, the Buyer will in any case be informed within five (5) working days of the period in which he will receive a proposal to resolve the dispute from instamoto.

If any provision of these Terms and Conditions is held to be unlawful, void or for any other reason unenforceable, then such provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions constitute the entire agreement between Buyer and instamoto with respect to the subject matter contained herein.

instamoto reserves the right to amend their terms and conditions. Changes will always be published on this website prior to their entry into force. It is recommended that you consult this policy regularly so that you are aware of these changes.

If you want to receive more information or have questions about the terms and conditions of instamoto, you can contact us here.