TERMS & CONDITIONS

TERMS AND CONDITIONS & GDPR

OVERVIEW

This website is operated by Motomoto OÜ. Throughout the site, the terms “we”, “us” and “our” refer to Motomoto OÜ. Motomoto OÜ offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Please print a copy of these Terms and Conditions & GDPR for future reference.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 4 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

Please be informed that all images are illustrative even when we have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that product images are 100% accurate. Please refer to the product name, product code and specifications and if necessary contact us to clarify product suitability and details.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

 

SECTION 5 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.

 

SECTION 6 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 7 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to submit false or misleading information; (e) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (f) to collect or track the personal information of others; (g) to spam, phish, pharm, pretext, spider, crawl, or scrape; (h) for any obscene or immoral purpose; or (i) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 8 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, or error-free.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

In no case shall Motomoto, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 9 – SEVERABILITY

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 10 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 11 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

 

SECTION 12 – CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

 

SECTION 13 – CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to us at info@motomoto.eu.

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Returns

Our policy lasts 14 days. If 14 days have gone by since your purchase, unfortunately we are not obliged to offer you a full refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

To complete your return, we require a receipt or proof of purchase

Please do not send your purchase back to the manufacturer

There are certain situations where only partial refunds are granted: (if applicable)

  • Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
  • Any item that is returned more than 14 days after delivery.

 Refunds (if applicable)

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will returnt to your bank account, within a certain amount of days.

Late or missing refunds (if applicable)

If you haven’t received a refund yet, first check your bank account again.

Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us at info@motomoto.eu.

Exchanges (if applicable)

We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at info@motomoto.eu.

Shipping

To return your product, please contact us for detailed information about the destination address.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

VAT (Value Added Tax)

– Prices displayed in the store are without VAT (Value Added Tax).
– VAT is due for all end-users within the European Union.
When you purchase as a private person or as a company without a valid European VAT registration number,  we have to charge you 20% of VAT which will be added to the total price of your order during the check-out process.
If you purchase as a company within the European Union with a valid VAT registration number, we will charge 0% VAT and applying the reverse charge mechanism (http://en.wikipedia.org/wiki/European_Union_value_added_tax).

Backorders

All backorder wishes will be handled case by case individually. Out of stock items cannot be added to the shopping cart and automatic orders are not possible. If there is a need for a backorder, please contact Motomoto via e-mail info@motomoto.eu.

GDPR

SCOPE AND PURPOSE

Motomoto “ MM” is karting products seller. We are committed to protecting your privacy, and support a general policy of openness about how we collect, use and disclose your Personal Information (as defined below). This Privacy Policy applies to information, including Personal Information, collected about you by MM. The purpose of this Privacy Policy is to inform you about MM’s practices relating to the collection, use and disclosure of Personal Information that may be provided through access to or use of our websites or services and related products or that may otherwise be collected by us.

This Privacy Policy also explains how you can contact us if you have a question about, want to make a change to or would like to delete any Personal Information that MM may have about you. We strongly recommend that you take the time to read this Privacy Policy and retain it for future reference.

PERSONAL INFORMATION

For the purpose of this Privacy Policy, “Personal Information” means information about an identifiable individual.

WHAT KIND OF PERSONAL INFORMATION DO WE COLLECT

Information provided to us by data subjects

We collect information you voluntarily provide to us, such as your name, phone number, address, IBAN number and email address, when you buy product from MM e-shop.

Information collected automatically

We automatically collect information about you, such as information collected by cookies and similar technologies when you use, access or interact with us via our websites.

HOW DO WE USE YOUR PERSONAL INFORMATION

MM uses the data to communicate with you, for example, to send you e-mails.

HOW DO WE SHARE YOUR PERSONAL INFORMATION

Personal Information MM has collected may be transferred to a limited range of third parties. In this case, your Personal Information will be shared with shipping agents, but only for the purpose of your order delivery on behalf of and under instruction from MM and in accordance with this Privacy Policy.

The information is shared in a secure manner, using a consistent security protocol between MM and the third parties. When MM shares information with other parties, we ensure that they only use your personal data for purposes for which proper safeguards are in place so as to not allow them to abuse this Privacy Policy

MM’S LEGAL GROUNDS FOR PROCESSING YOUR PERSONAL INFORMATION

MM will use your Personal Information described above as permitted by the different privacy laws in the countries where we operate. As such, we follow the stricter of any laws to ensure that MM meets the different standards around the globe. As such, MM will abide by the following principles:

MM has obtained your consent: it is necessary for the performance of a contract; MM has a legal obligation; there is a vital interest for a data subject; a task is carried out in the public interest; and there is a legitimate interest. MM reserves the right to disclose Personal Information to a third party if a law, regulation, search warrant, subpoena, or court order requires or authorizes us to do so.

HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION

Your Personal Information is retained only for as long as necessary for the purpose for which we obtained it and for any other permitted ancillary purposes. If information is needed for more than one purpose, we will retain it until the end date of the purpose with the longest duration; however, we will discontinue any use of information for purposes with earlier end dates as soon as such dates are reached.

Your Personal Information is kept secured and access is strictly limited to only those persons who need to use it for the relevant purpose.

Our retention periods are based on business needs and Personal Information that is no longer needed is either irreversibly anonymized or securely destroyed.

You retain the right to remove any consent at any point.

HOW WE PROTECT YOUR PERSONAL INFORMATION

MM makes commercially reasonable efforts to ensure that Personal Information collected from you is protected against loss and unauthorized access. This protection applies in relation to information stored in both electronic and hard copy format. Access to your Personal Information is restricted to individuals who have a business need consistent with the reason the information was provided.

Transfers of personal data

For some legitimate business purposes, it may be necessary for MM to transfer personal data relating to MM employees, or its partners to third parties. If this does not occur pursuant to a legal obligation, it must be checked in each instance whether it is in conflict with any interest of the data subject that merits protection. When transferring personal data to a third party, the conditions set out under Processing of personal data must be met. If the recipient is located in a host country which is different from the original country, the laws applicable in the host country must guarantee an adequate level of personal data protection in line with this Policy. Personal data may be transmitted to government institutions or authorities to the extent permitted pursuant to applicable data protection laws. In the event that personal data is transmitted to MM by third parties, it must be ensured that the personal data has been collected lawfully, in

accordance with data protection laws and that the use intended for such processing of personal data is permitted.

PROTECTING THE PRIVACY OF CHILDREN

MM website is not targeted to or intended for use by children. We do not knowingly collect personal information from children under the age of 16. Children under 16 years of age should not provide MM with any personally identifiable information without the consent of a parent or legal guardian.

CHANGES TO THIS PRIVACY POLICY

MM reserves the right to modify this Privacy Policy at any time without notice. The Privacy Policy posted at any time via this website shall be deemed to be the Privacy Policy then in effect.

YOUR RIGHTS OVER YOUR PERSONAL INFORMATION

As long as proper identification is provided to MM:

You can ask MM what Personal Information we hold about you, and you can ask us to correct it if it is inaccurate.

You can ask for it to be erased and you can ask for us to give you a copy of the information.

You can ask us to stop using your Personal Information – the simplest way to do this is to withdraw your consent, which you can do at any time, either by emailing, writing or telephoning us using the contact information below.

You can help us maintain the accuracy of your personal information by notifying us of any changes to this information. In the event that you have any questions about MM’s Privacy Policy or a complaint about our use of your Personal Information you may contact us in any of the following ways:

E-MAIL: shop@mpotomoto.eu

MAIL: Motomoto OÜ, Kadaka Street 183A, Tallinn, 12618, Estonia

We are committed to working with you to obtain a fair resolution to any complaint or concern you may have about our use of your Personal Information. If, however, you believe that we have not been able to assist with your complaint or concern, you may have the right to lodge a complaint with the data protection authority in your country (if one exists in your country) or supervisory authority