Terms and Conditions
Method of closing a purchase contract (order)
Seller's rights and obligations
Buyer's rights and obligations
Terms of Delivery
Acquisition of ownership and transfer of liability for damage to goods
Personal data and their protection
Withdrawal from the purchase contract (cancellation of the order)
Terms of Claim
1. General provisions
These business terms have been processed pursuant to the Civil Code, the Consumer Protection Act and the Electronic Commerce Act, as amended.
These Terms and Conditions govern the rights and obligations of the parties arising out of a purchase contract concluded between the seller, Motard sro, Majerská 137/18, 911 01, Trenčín ID: 46154531, VAT No .: SK2023262054, registered in the Commercial Register maintained by the District Court Trenčín, Section: Sro, Insert No .: 24499 / R, Tax ID: 2023262054 (hereinafter referred to as the "Seller") and the buyer, which is the purchase and sale of the goods on the Seller's e-shop website.
The parties agree that the Buyer sends an order to the Seller confirming their agreement that these terms and conditions will apply to each purchase contract concluded through the Seller's website, whereby the Seller will deliver the goods presented on the Website to the Purchaser (hereinafter referred to as "purchase contract") and all relations between the seller and the buyer arising from the conclusion of the purchase contract.
These General Terms and Conditions are an integral part of the Purchase Agreement.
The inventory of goods on the e-commerce website operated by the seller is a catalog of commonly supplied goods and the seller does not guarantee the immediate availability of all the goods mentioned. The availability of the goods is indicated by the image of each item under "Availability" and will be confirmed to the buyer based on the buyer's question.
The seller is bound by the buyer's offer of goods presented on the seller's website, including the price, within 24 hours of sending the notice of receipt of the order to the buyer.
2. Method of closing a purchase contract (order)
The purchase contract is closed by creating a binding order on our internet shop www.motard-design.com or after prior binding acceptance of the proposal to conclude the buyer's purchase agreement by the seller in one of the following forms:
e-mail message of the buyer sent to the seller,
the buyer's completed and submitted form on the seller's website,
by the buyer's telephone order to the seller.
Upon prior receipt of the order, the seller will give the buyer a confirmation, marked "Order Confirmation", to accept the order by mail or telephone. An automatic notification of receipt of an order to the vendor's electronic system is not considered acceptance of the order.
Confirmation of the order by the seller includes the following information:
availability and delivery date of the goods to the buyer,
the name and price of the goods, the cost of transport,
the address of the place of delivery of the goods together with the contact person,
conditions and mode of transport.
3. Seller's rights and obligations
Seller is required to:
to deliver, on the basis of an order confirmed by the seller to the buyer, the goods in the agreed quantity, quality, time and packaging in the manner necessary to protect it in transit,
to ensure that the delivered goods comply with the applicable Slovak legislation,
send the Buyer together with the goods in writing the instructions in the Slovak language, the warranty card, the delivery note and the tax document.
The seller has the right to a proper and timely payment of the purchase price from the buyer for the delivered goods.
4. Buyer's rights and obligations
Buyer is required to:
download purchased or ordered goods,
to pay the seller the agreed purchase price within the agreed maturity period, including the cost of delivery of the goods,
confirm in the delivery note the taking over of the goods with their signature or signature by the person authorized to do so,
do not damage the seller's good business name.
The buyer has the right to deliver the goods in the quantity, quality, time and place agreed by the parties in the order confirmation.
5. Delivery and payment terms
The goods are sold on the basis of the exhibited models, catalogs, data sheets and sellers' vendors placed on the seller's e-shop website: www.motard-design.com
The seller is obliged to fulfill the buyer's order and deliver the goods to the buyer within 7 working days of delivery of the goods by the supplier or the producer of the goods to the seller.
If the customer orders a larger quantity of goods, they will be delivered one time, with the delivery time corresponding to the product with the longest delivery time (example - if you order three products with a delivery time of 5 and 10 days, the longest delivery period , ie 10 days). The operator undertakes to notify the ordering customer by e-mail no later than 24 hours (on business days) from the receipt of the order, the order is being recovered or the ordered goods from the supplier.
The buyer is required to take over the goods at the place indicated on the buyer's order confirmation by the seller. In the event of a delay in delivery of the goods by the seller, the seller is entitled to unilaterally extend the delivery period, even repeatedly, for which the seller gives the buyer a receipt. If the buyer does not receive the ordered goods within 14 days of the day he was available to the buyer, the seller is entitled to withdraw from the purchase contract and sell the goods to a third party. After the goods have been sold to a third party, the seller shall return to the buyer his or her prepayment.
The weight, dimensions and other details of the goods contained in the seller's catalogs, prospectuses, and other documents placed on the seller's e-shop are non-binding details.
The buyer is required to check the consignment for the integrity of the packaging immediately after delivery. If the packaging of the goods is mechanically damaged, the Buyer is obliged to notify the Carrier of this fact and to check the condition of the goods under its packaging in its presence. If the goods are found to be damaged, the carrier with the buyer records the so-called " damage protocol. On the basis of such a record, the seller will provide for the removal of a defect, a rebate for the goods, or, in the case of unrecoverable goods, to deliver new goods to the buyer.
The buyer is entitled to withdraw from the order if the seller fails to deliver the goods within 14 working days of the day he was available to the buyer. If the buyer has paid for the goods in advance, the seller shall return the amount paid to him by non-cash transfer to the purchaser's account specified by the buyer within 3 working days of receipt of the cancellation.
The availability of the goods offered on our website is as follows:
On request - the goods are not currently available in their warehouses, or they will be on stock in the coming days. For more information on availability, contact us at email@example.com or firstname.lastname@example.org.
a / The Operator is not responsible for the possible extension of the delivery date of the goods that may be caused by incorrect information from its supplier about its current stock.
b / The Operator is not responsible for the possible extension of the delivery date which may occur due to the complications of the goods transporters (transport and courier companies, or Slovak Post), either on the Supplier - Operator or Operator - Customer.
c / The operator reserves the right to be mistaken when placing the offered goods available, but must notify the customer by e-mail during working days within 24 hours of ordering the goods from the customer.
Note: In spite of the warnings, all orders are dealt with by the operator in as short a time as possible.
TRANSPORTATION OF GOODS
All products are sent via a standard mail system that is reliable and fast enough. This service does not provide a tracking number.
In the case of a fast EMS delivery service or courier, the customer has to pay an extra charge beyond the price of the product. Prices may vary from location, so please contact us before making a payment if you are interested in this extra service. The service also provides a tracking number.
Motard Design can not be held responsible for shipments or delays due to the customs process.
6. Purchase price
Buyer is obligated to pay the seller the price of the goods agreed on the order confirmation, including the delivery cost of the goods (hereinafter referred to as the "purchase price") by cash payment at the seller's head office, by delivery at the point of delivery of the goods or by wire transfer to the seller's account.
The seller reserves the right to change the purchase price in the event of a change in legislation, changes in the Slovak koruna exchange rate and changes in prices from producers or suppliers of goods.
The buyer is obliged to pay the seller the purchase price for the agreed goods within the time stated in the order confirmation, but at the latest when the goods are taken over.
7. Acquisition of property and transfer of liability for damage to goods
The buyer acquires ownership of the goods until the full purchase price for the goods is paid in full.
Liability for damage to the goods passes to the buyer at the moment when the goods are taken over by the seller or when it does not take place in time, then at a time when the seller will allow him to dispose of the goods and the buyer will not accept the goods.
We try to ensure that our products are described as accurately as possible on our website, but we do not guarantee that the description is accurate. When we become aware of any incorrect description, we reserve the right to correct any error or omission.
Images are provided for illustrative purposes only, and we do not warrant that any image will be reproduced in true color, nor that any given image will not reflect or display the full design or capabilities of this product.
In the event of an error or poorly stated price in the product, Motard Design is entitled to refuse or cancel any order. If your payment was accepted on your order, Motard Design will immediately refund you the amount that was paid for the incorrectly redeemed product.
8. Personal data and their protection
8.1. The information system of the internet store www.motard-design.com is registered with the Office for Personal Data Protection in the Slovak Republic.
The operator (Motard s.r.o.) of the Internet shop www.motard-design.com hereby declares that he / she manages the personal data of his / her customers obtained by registering when creating a customer account or by sending an order in accordance with "Act no. 122/2013 Z.z. on the protection of personal data ".
Personal data processed includes personal information provided by customers when registering or submitting orders such as name, surname, address, email contact, and phone number. By registering or ordering without prior registration, the customer agrees with the processing and collection of personal data in the online store database. The e-shop collects data for customer registration, posting of ordered items, invoicing, and eventual product complaints.
Personal data are not made available to any third party or any other person except for carriers delivering mail, such as Slovenská pošta a.s. or any other external carrier authorized by the customer to transport the ordered goods.
The customer can change his / her personal information in the "Addresses and billing data" and "Personal data" section after logging in to the online store. The customer has the possibility to cancel the registration on the basis of a written request (send to: Motard sro, Majerská 137/18, 91101 Trenčín) or by e-mail (send to email@example.com), thereby removing all its personal and contact information from the internet store database.
If a customer believes that his or her privacy rights have been violated, he or she may contact the Internet shop operator or use one of the options listed in the law.
8.2 Registration Details As a Customer, you must fill out the billing information required for the correct ordering (posting and delivery) when registering or ordering. These are the following:
. Street and house number
. City and ZIP Code
If the Customer acts as a legal entity, he should also include the following:
. VAT ID / DIČ
All data are stored in a protected database on the Operator's server and are provided upon Customer's subscription upon his next purchase. Data may be changed by the Customer based on the actual data upon login.
8.3 Banking Operations All currently offered forms of electronic banking (payment for goods over the Internet) are executed directly on the Client's bank site, which only provides the Operator with information on the success or failure of a payment with name or account number (necessary for identifying the correct payment and, for its return). Under no circumstances will the Operator know any further information such as login or balance on the Customer's account.
8.4 Opinion on the provision of your personal data We do not provide your data to any other entity, except for the organizations with which cooperation is necessary for the proper handling of your order. These are delivery services (delivery address, or phone number). However, these data are always provided once for your specific order.
8.5 The Customer grants this Authorization for the time specified by law and may withdraw it at any time in writing. The consent shall expire as from the delivery of the withdrawal of consent to the Operator.
9. Withdrawal from the purchase contract (cancellation of the order)
The seller is entitled to withdraw from a confirmed order if the goods are no longer manufactured or delivered or if the price has changed significantly from the supplier. The seller immediately informs the buyer and returns the already paid purchase price for the goods agreed in the confirmed order.
The buyer is entitled to withdraw from the confirmed order without giving any reason at any time before sending it by mail, SMS or by telephone without any penalty. If the buyer has paid for the goods in advance, the seller shall return the paid purchase price to him by non-cash transfer to the buyer's account specified by the buyer, within 3 business days of receipt of the cancellation of the order.
The buyer is entitled to withdraw from the confirmed order within 7 working days of receipt of the goods without giving any reason in accordance with the provisions of art. § 12 par. 1 of Act no. 108/2000 Z.z. on consumer protection in the case of postal sales as amended.
The following procedure should be followed when withdrawing from a purchase contract under the previous item:
the buyer will send the vendor a letter or a letter with the following wording: "I want to unilaterally withdraw from contract from day (day.m.year.year) No. (order number) and request a refund of the amount paid for goods to account no. (the correct account number)". Please enter your name, address and date.
the buyer sends the goods in the form of an insured item or delivers the goods personally to the seller's home, paying the shipping costs.
returned goods must be in the original and undamaged packaging, unused, undamaged, complete (including accessories, warranty card, instructions, etc.) and original purchase receipt (invoice). Goods returned in the form of a delivery note are not accepted by the seller.
Upon fulfillment of all the above conditions for returning the goods, the seller will send the purchased purchase price to the purchaser by transfer to the account not later than 15 days after the physical return of the returned goods. In the event of failure to comply with any of the above conditions, the seller will not be able to accept withdrawal from the purchase contract and return the goods back to the buyer's expense.
The Buyer, by sending the order to the Seller, confirms that the Seller has fulfilled his information obligations in a timely and proper manner. § 10 of the Consumer Protection Act for mail order sales.
10. Final provisions
The seller reserves the right to change these general terms and conditions. The obligation to notify in writing changes to these general terms and conditions is met by placing the seller on the seller's e-shop website.
The parties have agreed that the communication between them will be in the form of e-mail messages.
Relationships not governed by these terms and conditions are governed by the relevant provisions of the Civil Code, 22/2004 Z.z. on e-commerce, Act no. 250/2007 Z.z. on Consumer Protection and Act No. 108/2000 Z.z. on consumer protection in the case of postal sales as amended.
These General Business Terms become effective against the buyer by entering into a purchase contract.
The Buyer, by sending the order, confirms that he has read and agrees to these terms and conditions.
By providing any photographic, pictorial, or other multimedia documentation, the Buyer confirms his or her consent to be published on the Company's website and / or affiliate accounts on social networks.
11. Complaint terms
11.0 The seller is liable for defects in goods and the buyer is obliged to apply the claim immediately to the seller in accordance with the applicable claim rules.
11.1 Complaints are governed by a valid Complaint Procedure published on the www.motard-design.com Web site. Buyer sends an order to the seller confirming that he has read and agrees to the Terms of Business and therefore the Complaint Procedure, and at the same time confirms that he has been duly informed about the conditions and manner of claiming the goods, including the details of where the claim can be applied and the performance of the warranty in accordance with § 18 par. 1 of Act no. 250/2007 Z. from. on Consumer Protection and on Amending the Act of the Slovak National Council no. 372/1990 Coll. on Offenses as amended (hereinafter referred to as the "Act").
Buyer has the right to comply with the Consumer Protection Act no. 108/2000 Z.z. to withdraw from the purchase contract within 14 working days of receipt of the goods.
Motard Design is working hard to make you happy. However, if you are not satisfied with our product, please follow the instructions below for returning the goods:
1. The product to be returned must be approved in advance by our company in writing and must also contain the number of items to be returned. We will provide this number when returning goods.
2. Tailor-made graphic stickers can only be returned if the bugs have a manufacturing error.
3. When ordering incorrect goods or exchanging them for another, we accept the return of goods only within 14 days of receiving the goods. The goods must be unused, undamaged and returned in their original packaging. New goods will be shipped after the return of the returned goods and subsequent inspection.
4. Payment from credit card will be sent back to the card used for the purchase. Payment from the Paypal account will also be sent back to the Paypal account used for the purchase.
5. The cost of transport when replacing or returning goods is paid separately by the customer.
11.2 The Complaint Rules apply to the goods purchased by the buyer from the seller in the form of an e-commerce on the Seller's e-commerce website.
11.3 The Complaint Rules in this form are valid for all business cases unless other warranty terms are agreed upon.
11.4 The buyer has the right to claim the seller's warranty on goods which show defects caused by the manufacturer, the supplier or the seller, is covered by the warranty and has been purchased with the seller.
11.5 The buyer is obliged to perform the goods check when the goods are taken over. If he fails to do so, he may claim the defects found in this inspection only if he shows that the defects occurred at the time the goods were taken over.
11.6 During the warranty period, the Customer has the right to free the defect after the goods have been delivered free of charge, including accessories, documentation and instructions together with the warranty card and proof of payment.
11.7 If the goods are defective, the customer has the right to make a claim at the vendor's premises in accordance with § 18 par. 2 of the Act by delivering the goods to the vendor's office and filling out the claim form and delivering it to the seller. The form of the form shall be determined by the seller and his model placed on the seller's website. The buyer is obligated to indicate on the form exactly the type and extent of the defects of the goods. A claim for goods that can be delivered objectively to the seller begins on the day that all of the following conditions are met:
delivery of a completed form for claiming a claim from the buyer to the seller, or delivery of a sheet of data to be printed by the buyer, namely the buyer's name and surname, buyer's address, the date of purchase of the claim goods together with the invoice number, or the order number and description of the defective goods.
delivery of the claimed goods from the buyer to the seller,
The seller advises the buyer of the shipment of the goods to be insured. Goods that are sent to the buyer do not take over.
The commencement of the claim is also the date of the claim. Return goods must be delivered to the seller's address at:
Motard s.r.o. Majerská 137/18, 91101 Trenčín, Slovakia
11.8 The Seller is obliged to accept a complaint at any facility where the claim is accepted, that is, at its headquarters or at a designated person in accordance with § 18 par. 2 of the Act.
11.9 At the place designated in accordance with Section 7.8 of these General Terms and Conditions for Receiving Claims, the Seller shall be obliged to ensure the presence of the person charged with handling complaints in accordance with § 18 par. 3 of the Act.
11.10 The Buyer is obliged to complain of defects in the goods at the Seller without undue delay, otherwise the Buyer waives the right to the Seller to free the defect.
11.11 The seller or designated person shall provide the buyer with a receipt to claim the goods in the appropriate form chosen by the seller, in the form of a letter or a written form in which it is obliged to accurately identify the defects of the goods in accordance with the provisions of art. § 18 par. 5 of the Act and to inform the consumer of his rights under the Act. § 622 and ust. Section 623 of the Civil Code. If a complaint is claimed by means of distance communication, the seller must deliver the claim confirmation to the buyer immediately; if it is not possible to deliver the receipt immediately, it must be delivered without undue delay, but at the latest with a proof of equipment; the claim confirmation does not have to be delivered if the buyer has the opportunity to prove the claim in another way.
11.12 Upon a buyer's decision, which of its rights under the provisions of Art. § 622 and ust. § 623 of the Civil Code shall be applied by the seller or the designated person obliged to determine the method of furnishing the complaint according to art. § 2 písm. m) of the Act immediately, in more complex cases within 3 days from the beginning of the complaint procedure, in justified cases, especially if a complex technical evaluation of the condition of the goods is required within 30 days from the beginning of the complaint procedure. After determining the way the complaint is handled, the seller or designated person will reclaim the complaint immediately, in justified cases, the complaint can be reclaimed later. However, the claim may not be longer than 30 days from the date of the claim. After expiration of the deadline for handling the complaint, the consumer has the right to withdraw from the contract or has the right to exchange goods for new goods. The termination of the complaint procedure and the result of the complaint shall be notified by the seller to the buyer in the form agreed between the two parties (by e-mail or by registered letter), and the complainant will receive a complaint report together with the goods.
11.13 The buyer shall not be entitled to warrant defects which have been notified to the seller at the time of conclusion of the contract or which, having regard to the circumstances under which the purchase contract was concluded, must have been aware.
11.14 The seller reserves the right to replace defective goods which can not be repaired for other similar goods with comparable technical parameters by mutual agreement with the buyer.
11.15 The right to apply the warranty to the seller by the Buyer expires:
by failing to provide proof of payment, delivery note or warranty card, accessories or documentation of the goods,
failure to notify apparent defects when taking goods,
the expiry of the warranty period of the goods,
mechanical damage to the goods caused by the buyer,
use of goods under conditions that do not reflect their humidity, chemical and mechanical effects on the natural environment,
improper treatment, service, or neglect of the care of the goods,
damage to goods by excessive loading or use contrary to the conditions stated in the documentation, general principles, technical standards or safety regulations in force in the Slovak Republic,
damage to goods by irreversible and / or unforeseeable events,
damaging the goods by accidental destruction and accidental deterioration,
unintentional interference, transport damage, damage to water, fire, static or atmospheric electricity, or other force majeure,
by interfering with the goods to the unauthorized person.
11.16 The Seller shall provide a complaint and terminate the claim in one of the following ways:
handing over of repaired goods,
exchange of goods,
by returning the purchase price of the goods,
by paying an appropriate discount on the price of the goods by mutual agreement with the buyer,
a written request for the seller to receive the specified performance,
reasoned rejection of the goods claim.
11.17 The Seller shall be obliged to issue a written document no later than 30 days from the day of filing of the claim via the postal or courier service provider or via e-mail.
11.18 The warranty period is 24 months (unless a different warranty period is set for specific cases) and begins to run from the date of receipt of the goods by the buyer. The warranty does not cover mechanical errors caused by the use of the product.
11.19 The warranty period shall be extended for a period during which the buyer could not use the goods for warranty repair of the goods.
11.20 In the case of a replacement of goods for the new purchaser, the buyer will receive the document on which the replaced goods will be placed and any further claims will be applied on the basis of the original delivery note and this claim document. in the case of replacement of goods for a new one, the warranty period starts running again from the receipt of new goods, but only for new goods.
11.21 All warranty repairs are free of charge if the warranty claim under the General Terms and Conditions has not expired.
11.22 With respect to a removable defect, the claim shall be provided, depending on the purchaser's decision, as follows:
the seller will ensure the removal of defects, or
selling defective goods.
11.23 In the case of a defect which can not be eliminated or a repeated multiple deleterious defect or a number of different removable defects and which prevent the goods from being properly used as defective, the seller shall, depending on the buyer's decision, claim as follows:
exchanging goods for a new one, or
the exchange of goods for other functionally identical or better technical parameters, or
in the event that the seller can not exchange the goods for another, he shall reclaim the claim by issuing a credit note for defective goods.
11.24 The claim facility only covers the defects listed in the claim form.
11.25 For reclamation purposes, the occurrence of a single removable defect is considered to be more than twice as a recurrent deleterious error.
11.26 For the purpose of claiming, the occurrence of more than three different removable defects is contemplated for a number of different removable defects.
11.27 For the purposes of the claim, for a period considered to be a period during which the purchaser can not properly use the goods, the period during which, after the conclusion of the purchase contract, buyers can not use the goods together for more than 180 days for defects of goods.
11.28 The purchaser's right to claim a defect claim is after he has exercised his right and has requested the seller to eliminate the defect of the goods and regardless of the result of the claim he is not again entitled to repeat the claim for the same unique defect (not the defect of the same kind).
11.29 If the seller terminates the claim as a reasoned rejection of the claim but the product defect is objectively present and has not been removed, the buyer may exercise his right to remove the defect through the court.
Terms of business were updated on: March 15, 2018
LIMITATION OF LIABILITY
In no event will Motard Design be liable for any extraordinary, incidental or consequential damages that relate to and may not involve loss of profit or other potential benefit. In no event shall Motard Design's liability be beyond the repair, refund or price of the intended product purchased from Motard Design. Some judicial systems may not recognize these appeals or the limitations of the guarantee / liability, so the above-mentioned appeals may not apply. The customer may also have other or additional rights or entitlements that may differ from the region.
(a) These Business Terms and Conditions and any transactions made under them are subject to the laws of the Slovak Republic and the European Union.
(b) In the event that any section or section of section of these terms of sale is considered unlawful or unenforceable, such parts will be removed from the terms of sale and the remainder of the terms will still be fully valid.
(c) These Terms and Conditions may from time to time be modified by Motard Design without notice and are up to date with the current ad or website. Read the current ad or website.