TERMS AND CONDITIONS

1. Identity of the Business

Futuri Motion Tech
Koolhovenlaan 48
5036 TN Tilburg
Netherlands

Email: mark@futuri.tech
Chamber of Commerce (KvK): 81636873
VAT number: NL003586678B19

2. Applicability

These Terms and Conditions apply to all offers, agreements, orders, products and services provided by Futuri Motion Tech (โ€œFuturiโ€).

By placing an order or using our services, you agree to these Terms and Conditions.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force.

3. Products and Services

Futuri offers:

  • Physical products
  • Digital products, including downloadable 3D models, CAD files and other digital content
  • Custom design, engineering and fabrication services
  • Other related products and services

Product and service descriptions are provided as accurately as reasonably possible.

4. Offers and Agreements

All offers are non-binding unless explicitly stated otherwise.

An agreement is concluded when you place an order and Futuri confirms the order or begins processing it.

Futuri reserves the right to refuse or cancel an order in justified circumstances, for example in the event of an obvious pricing error, suspected fraud, unlawful use or inability to fulfil the order.

5. Prices and Payment

All prices are stated in euros (โ‚ฌ) and include VAT unless stated otherwise.

Payment must be made using one of the payment methods available during checkout.

If payment fails or is not completed, Futuri may suspend or cancel the order.

6. Delivery of Physical Products

Futuri aims to deliver physical products within the indicated timeframe. Delivery times are estimates unless explicitly agreed otherwise.

If a product cannot be delivered, Futuri will inform the customer and, where appropriate, offer an alternative or refund.

Risk of loss or damage to physical products transfers to the consumer when the consumer, or a third party designated by the consumer, receives the goods.

7. Digital Products

Digital products are supplied electronically, normally by providing access to downloadable files after payment.

The customer is responsible for ensuring that they have suitable hardware, software and technical knowledge to use the supplied files. Where relevant, product pages may specify required software, file formats, manufacturing methods or other technical requirements.

For digital content supplied immediately after purchase, consumers may be asked to expressly consent to immediate delivery and acknowledge that they thereby lose their statutory right of withdrawal once supply of the digital content has begun.

Nothing in these Terms limits statutory consumer rights relating to digital content that is defective, corrupted, materially different from its description or otherwise does not conform to the agreement.

8. Digital Product Licence

Unless a product page explicitly states otherwise, all downloadable files and other digital products supplied by Futuri are licensed, not sold.

Purchase grants the customer a personal, non-exclusive, non-transferable and non-commercial licence to use the supplied files.

The customer may:

  • Download and store the files for their own use
  • Modify the files for their own personal projects
  • Produce physical parts from the files for their own personal, non-commercial use

The customer may not, without prior written permission from Futuri:

  • Share, distribute, upload, publish, transfer or otherwise provide the original files to another person or organisation
  • Resell, sublicense or redistribute the files
  • Sell or commercially distribute modified versions, derivatives or conversions of the files
  • Sell physical products manufactured from the files
  • Use the files, modified files or physical parts produced from them for commercial production or resale
  • Make the files available through file-sharing platforms, online marketplaces, repositories, forums or similar services

Modification, conversion or incorporation of a digital file into another design does not transfer ownership or intellectual property rights and does not remove the restrictions of this licence.

All intellectual property rights in the original digital products remain with Futuri Motion Tech or the relevant rights holder.

Digital files may contain identifying information or other measures intended to protect Futuri’s intellectual property and enforce the applicable licence.

A separate commercial licence may be agreed in writing where appropriate.

9. Right of Withdrawal โ€“ Consumers

Physical Products

Consumers generally have the right to withdraw from an online purchase within 14 days after receiving the product, without giving a reason.

After notifying Futuri of the withdrawal, the consumer has 14 days to return the product.

The consumer may handle and inspect the product only to the extent reasonably necessary to establish its nature, characteristics and functioning. The consumer may be liable for diminished value resulting from handling beyond what is necessary for that purpose.

Unless stated otherwise, return shipping costs are borne by the customer.

Refunds will be made in accordance with applicable consumer law.

Digital Products

For digital content that is not supplied on a tangible medium, the statutory right of withdrawal may cease once supply has begun, provided that the consumer:

  • expressly consented to supply beginning during the withdrawal period, and
  • acknowledged that this means losing the right of withdrawal.

This does not affect statutory rights where digital content is defective or does not conform to the agreement.

10. Exceptions to Withdrawal

The statutory right of withdrawal may not apply to certain products and services, including:

  • Goods made to the consumer’s specifications or clearly personalised
  • Sealed goods that are not suitable for return for health protection or hygiene reasons where the seal has been broken
  • Digital content supplied immediately where the legally required consent and acknowledgement have been obtained
  • Other products or services excluded from the statutory right of withdrawal under applicable law

11. Custom Work and Services

Custom design, CAD, engineering, fabrication and other commissioned work is performed according to the specifications agreed with the customer.

Any quotation applies only to the scope described in that quotation. Additional work, revisions or changes requested outside the agreed scope may result in additional charges.

Unless otherwise agreed in writing, Futuri retains all intellectual property rights in designs, CAD models, drawings, methods and other materials created as part of custom work.

Transfer of ownership of a physical custom-made part does not automatically transfer intellectual property rights in the underlying design or digital files.

Where ownership, exclusivity, commercial usage rights or delivery of source/CAD files is required, this must be agreed separately in writing.

12. Customer Responsibilities

The customer agrees to:

  • Provide accurate and complete information
  • Use products, digital files and services lawfully
  • Follow applicable instructions and safety requirements
  • Ensure that products and designs are suitable for their intended application
  • Not misuse Futuri’s website, systems or digital products

For parts manufactured, modified or installed by the customer, the customer is responsible for appropriate material selection, manufacturing, assembly, installation and verification for the intended application, except where mandatory law provides otherwise.

13. Intellectual Property

All intellectual property rights relating to Futuri’s website, designs, photographs, text, branding, digital files, CAD models, technical drawings and other original content remain with Futuri Motion Tech or the applicable rights holder unless explicitly agreed otherwise in writing.

Purchase of a product does not transfer intellectual property rights.

Digital products are subject to the licence described in Section 8.

Content may not be copied, reproduced, distributed or commercially exploited without permission, except where permitted by law or by an applicable written licence.

14. Liability

Futuri is liable in accordance with applicable law.

To the extent permitted by law, Futuri is not liable for indirect or consequential damages, loss of profit or loss of revenue resulting from the use or inability to use a product or service.

Any limitation of liability in these Terms does not apply where liability cannot legally be excluded or limited, including mandatory consumer rights.

Products intended for modification, fabrication or installation on motorcycles or other machinery must be installed and used appropriately. The customer remains responsible for determining whether a product is suitable and lawful for the intended application.

15. Complaints and Conformity

If you have a complaint or believe that a physical or digital product does not conform to the agreement, please contact Futuri at mark@futuri.tech with a description of the issue.

We aim to respond to complaints within 14 days.

Nothing in these Terms affects statutory consumer rights concerning defective or non-conforming goods, digital content or services.

16. Termination and Licence Violations

Futuri may suspend or terminate an agreement or digital licence where the customer materially violates these Terms, fails to meet payment obligations or unlawfully distributes or commercially exploits Futuri’s intellectual property.

Termination of a digital licence does not transfer or waive Futuri’s intellectual property rights.

17. Force Majeure

Futuri is not liable for delays or failure to perform obligations caused by circumstances beyond its reasonable control, to the extent permitted by applicable law.

Such circumstances may include supply-chain disruptions, technical failures, transport interruptions, natural events, government measures or other events that could not reasonably have been prevented.

18. Privacy

Personal data is processed in accordance with Futuri’s Privacy Policy and applicable data-protection law.

19. Governing Law and Jurisdiction

These Terms and Conditions are governed by Dutch law.

Where the customer is a consumer, mandatory consumer-protection rules applicable to that consumer remain unaffected.

Disputes will be submitted to the competent court in accordance with applicable law.

20. Changes to These Terms

Futuri may update these Terms and Conditions from time to time.

The version applicable to an order is the version in effect when the agreement is concluded. Changes made afterwards do not retrospectively alter an existing purchase or licence unless agreed or required by law.

The latest version will be published on the Futuri website.