TERMS AND CONDITIONS OF USE
Welcome to our website. By accessing and using this site, you signify your agreement, acknowledgment and acceptance to all terms, conditions and notices contained or referenced herein (the "Terms and Conditions of Use"). Please read them carefully and if you do not agree to these Terms and Conditions of Use please do not use this site. We reserve the right, at our discretion, to update or revise these Terms and Conditions of Use. Motortech USA Corp requires that all the visitors to our site on the World Wide Web check the Terms and Conditions of Use periodically for changes. Your continued use of this site following the posting of any changes to the Terms and Conditions of Use constitutes acceptance of those changes and you also will be subject to the guidelines and conditions applicable to such service or business.
- CONTENT: The content of the pages of this website is for your general information and use only. It is subject to change without notice. You understand and agree to abide by all terms contained on Motortech USA Corp's website and not to use this site for any unlawful purpose.
- THIRD PARTY LINKS AND SITES: This site maintains and actively collects links that will allow the user to access third-party material or by bringing the third-part material into this site on the Internet. As Motortech USA Corp has no control over such sites and resources, you acknowledge that Motortech USA Corp is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Motortech USA Corp or any association with its operators. By the way, neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose so you acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- DEALINGS WITH ADVERTISERS OR BUSINESS PARTNERS: Your business dealings with third-part referenced or eventual participation in promotions of advertisers found on this website, including payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or third-part related. You agree that Motortech USA Corp shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and third-part through our interactive features.
- ELECTRONIC COMMUNICATION AND USER COMMENTS: We appreciate your comments and feedback about us and our website. However, any testimonials, comments, feedback, notes, messages, suggestions, ideas or other communications sent to us shall constitute an assignment to Motortech USA Corp of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the comments. Motortech USA Corp will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. Thus, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials. Be aware that when you visit this site or send e-mails to us, you are communicating with us electronically so you consent to receive communications from us electronically.
- COPYRIGHT AND YOUR USE OF THE SITE: Copyright You acknowledge and agree that the Service and all content and materials available on this site are protected by copyrights, trade secrets and other proprietary rights and laws. Except as expressly authorized by Motortech USA Corp, you agree not to sell, license, rent, modify, distribute, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit and create derivative works from such materials or content. Notwithstanding, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Motortech USA Corp is expressly prohibited and also it is forbidden to make a copy of account information for the benefit of another merchant. In addition, use of the content or materials for any purpose not expressly permitted in these Terms and Conditions of Use is prohibited. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this site so long as the link does not portray us, our vendors, or dealers, our products and our services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our logos or other proprietary graphic or trademark as part of the link our without express written permission.
- ERRORS: In the event that a product or service provided by Motortech USA Corp have been mistakenly listed or advertised at an incorrect price, Motortech USA Corp reserves the right to refuse or cancel any orders or services released to the market at the incorrect price, or for orders (domestic and internationals) in which the total has been calculated incorrectly. Motortech USA Corp reserves the right to refuse or cancel any such orders whether or not the order has been already confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Motortech USA shall issue a credit to your credit card account in the amount of the incorrect price.
- PRODUCT DESCRIPTIONS: We and our dealers attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.
- ACCOUNTS, PASSWORDS AND SECURITY: Be warned that using Motortech USA Corp’s website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, so you agree to accept responsibility for all activities that occur under your account or password. We do not distribute and/or share any information that you provide us through this site. We use security system and technologies to make sure your information stays private. Not only that, when we process your credit card by virtual terminal (card not present) we’re connected in an exclusive and secure channel with Chase Paymentech and transactions processed on our virtual store are controlled, managed, and secured by SSL (Secure Sockets Layer) server + private IP address. You may use this site even though you're under 18 years old but only with involvement of a parent or legal guardian.
- RISK OF LOSS: All items purchased from this site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. However, you have the right to add insurance for all merchandise that we will ship to you.
- INTERNATIONALLY SHIPPING POLICY: All international shipments are calculated based on a number of factors including the desired service level, the number of items you are purchasing, the weight of the items, the dimensions from the box that will be use and the destination country postal code. The shipping cost is charged at the same time as the merchandise purchased is shipped, unless you have purchased through our online store where you can choose and pay the shipping for an international destination. We keep a strongly relationship with courier companies to provide you a good rate, thus we do not make profit over your shipping cost, however we need to be in possession of all items you’re purchasing to calculate the shipping options and giving you this information by email when you’ll be able to decide about it. We do ship out of the country through various carrier companies but we usually choose DHL, FEDEX, UPS and USPS. The delivery time is directly related to your country and region of location and also international shipments are submitted through customs process which may impact the delivery time as a delay. Anyway, for each international shipment processed by us you will be informed about your tracking number and carrier company so you’ll be able to track the status of your shipment and get a better control. Any import duties, taxes or brokerage fees are the sole responsibility of the receiving customer and are payable at the delivery time. These fees are over and above the shipping cost charged by Motortech USA Corp. Invoices or packing slips for international shipments cannot be marked as a "gift" or with altered prices. Certain brands or products may not be shipped overseas, due to manufacturer restrictions and you will be notified about it if its case.
- LIMITATION OF LIABILITY: In no event will Motortech USA Corp or its affiliates, or their respective officers, employees, shareholders, agents, successors, or assigns be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the products purchased, from the services and rentals provided or from the use of, or the inability to use the materials on this site or the performance of the products even if Motortech USA Corp has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages so the above limitation or exclusion may not apply to you. Customer agrees that for any liability related to the purchase of products, neither Motortech USA Corp nor its affiliates are liable or responsible for any amount of damages above the dollar amount paid by customer for the product(s) giving rise to the claim. Motortech USA Corp will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.
- WARRANTY DISCLAIMER: This Website and all content available on this website are provided "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of this website, that your use is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this website, and that Motortech USA Corp shall not be liable for any damages of any kind related to your use of this website. Motortech USA Corp assumes no responsibility for the timeliness, deletion or failure of its services. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. Thus, Motortech USA Corp does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this website or the server that makes the website available are free of viruses or other harmful components. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
- SITE POLICIES AND SEVERABILITY: We reserve the right to make changes to our website, policies and these Terms and Conditions of Use any time. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Motortech USA Corp with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Motortech USA Corp with respect to this site. If any part of these Terms and Conditions of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
- RETURNS AND EXCHANGES: In order to return an item purchased through Motortech USA Corp, you must obtain a Return Merchandise Authorization (RMA). To get an RMA please contact us but not before observing the following guidelines: a) Returns will not be accepted without a RMA; b) Shipping charges are not refundable and you must pay the shipping return and the shipping resend to you, if your case (we'll pay the return shipping costs if the return is a result of our error and/or you received an incorrect or defective item); c) No orders beyond 30 days old can be returned and there are NO returns or exchanges for painted parts, electrical items, closeout's, locks, keys, speedometers and tachometers (KPH or MPH), seats, helmets, special orders, any item requiring a VIN number to complete the order, OEM parts, or discount bin (sold as is) items; d) All orders are subject to a 20% restocking fee, and we reserve the right to refuse any return, exchange or warranty without RMA and special order items could be returned at our discretion; e) All returns and exchanges of items must have original packaging (unopened) and be in resalable condition (no used, no writing on packages, all hardware accounted for and instruction sheets included). Any item or package that not meeting these requirements will not be accepted as a valid return and will be sent back to the customer at their expense; f) NOTICE: Care must be taken when packaging any parts being returned to Motortech USA for exchange or refund. Marred parts will not receive full credit or may be returned to you with no credit issued.