Terms and conditions of use

MOTONE

www.motone.eu

I. Identity of the Entrepreneur

WOJCIECH HETMAŃSKI ALIAS, Wysoka 10, 62-040 Puszczykowo (Poland), NIP: 7773189641, REGON: 364956989, e-mail: info@motone.eu. +3197010280259

You can return the package using the free return label included in the package. There are many locations in Ireland where you can drop off the package. You can find a list of locations on the website: 

https://www.parcelconnect.ie/dropoff

II. Definitions

  1. In these terms and conditions, the following definitions apply:

    a) Reflection period: the period within which the consumer can exercise his right of withdrawal;

    b) Consumer: a natural person who does not act for purposes related to their trade, business, craft, or profession;

    c) Day: calendar day;

    d) Digital content: data produced and supplied in digital form;

    e) Continuous performance contract: a contract that involves the regular delivery of goods, services, and/or digital content over a certain period;

    f) Durable medium: any tool, including e-mail, that allows the consumer or entrepreneur to store information addressed to them personally in a way that future consultation or use for a period that is aligned with the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;

    g) Right of withdrawal: the option for the consumer to withdraw from the distance contract within the reflection period;

    h) Entrepreneur: ALIAS Wojciech Hetmański, Wysoka 10, 62-040 Puszczykowo (Poland), NIP: 7773189641, REGON: 364956989, e-mail: info@motone.eu;

    i) Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content, and/or services, whereby up to and including the conclusion of the contract only one or more techniques for distance communication are used;

    j) Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions;

    k) Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being simultaneously in the same room.

  2. If these general terms and conditions refer to "consumers," they are natural persons whose order is not intended for business purposes or independent or freelance activities. "Entrepreneurs" are, in contrast, natural or legal persons or legal partnerships that order for business purposes or independent or freelance purposes. "Customers" in these general terms and conditions are both consumers and entrepreneurs.

  3. If a period is specified as a number of working days, all days of the week are meant, except Saturdays, Sundays, and public holidays.

III. Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

  2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer.

  3. Accepting an offer or placing an order implies acceptance of the applicability of these Terms and Conditions.

IV. Registration on motone.eu

  1. You can create a customer account on motone.eu. When creating a customer account on motone.eu, you will be asked to register and enter your personal data.

  2. You are responsible for ensuring that the personal data required for registration is truthful and complete. You are obligated to treat the personal access data confidentially and not make it accessible to unauthorized third parties. Confirmation of registration follows immediately after it is sent.

  3. You can also place orders for goods on motone.eu as a guest. Unfortunately, for logistical and technical reasons, it is currently only possible to purchase from MOTONE to a limited extent as a guest.

V. The Offer

  1. If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.

  2. The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a truthful representation of the products, services, and/or digital content offered. Apparent mistakes or errors in the offer do not bind the entrepreneur.

  3. Every offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer.

  4. The prices of the products are displayed in euros and include all taxes. The displayed price is exclusive of preparation and delivery costs unless otherwise stated.

  5. MOTONE reserves the right to change the prices of its Products at its own discretion.

VI. Placing an Order

  1. To order the product, click the "Add to cart" button. Your selected item will then be stored in the shopping cart. You can now click on "Shop" to view and select other products in the online catalog and also add them to the shopping cart as described. To continue the order of the selected products, click the “Go to cart” button.

  2. In the shopping cart, you can check and correct the number of products or remove individual products from the cart. Click "Proceed to checkout" to access your existing customer account, register with your personal data for a customer account, or continue ordering with your personal data as a guest.

  3. The customer has the opportunity to view their order and the total price in detail and can make changes before the order is finally validated.

  4. Acceptance of the order by the customer is materialized by their acceptance of these general terms and conditions and the payment.

  5. MOTONE will send an order confirmation as soon as possible by e-mail, mentioning the substantive elements (order number, ordered products, place of delivery, etc.).

  6. The customer agrees that the order confirmation is considered proof of the contractual relationship with MOTONE.

  7. In case of non-availability of one or more ordered products, MOTONE commits to inform the customer as soon as possible by e-mail.

  8. Contracts concerning products offered on motone.eu can only be concluded in Dutch.

VII. Payment

  1. Payment is made exclusively in euros and for the total amount of the order via PayPal, bank card, transfer.

ALIAS Wojciech Hetmański

BIC: TRWIBEB1XXX

BE98 9675 7361 2593

Avenue Louise 54, Room S52

Brussels

1050

Belgium

  1. If you choose the payment method in advance, we will provide you with our bank details in the order confirmation. If paying by credit card, your account will be charged at the end of the order.

  2. The following bank cards are accepted: Visa and Mastercard.

  3. If you choose to pay with PayPal, you pay the amount via the online provider PayPal (Europe) S.à.r.l. & Cie, S.C.A., 5th floor, 22-24 Boulevard Royal, 2449 Luxembourg (hereinafter referred to as "PayPal"). You must be registered with PayPal or register first. You will be redirected to the PayPal website during the ordering process, where you can legitimize yourself with your access data and confirm the payment order to us. The purchase price will be immediately debited from your account.

  4. Please note that we only accept payments from accounts within the European Union (EU). In no case do we bear the costs of a money transaction.

  5. The entrepreneur reserves the right to send invoices to customers only in electronic form (currently via e-mail).

VIII. Delivery

  1. The type of transport, the term, and the costs are specified in the order depending on the place of delivery, the nature of the ordered Products, and the nature of the service chosen by the Customer.

  2. The place of delivery is the address that the consumer has made known to the entrepreneur.

  3. Packages are generally sent within 2 days after receipt of your payment via UPS with tracking and delivery without signature. If you prefer delivery via UPS Extra with the required signature, additional costs will be charged. Please contact us before choosing this delivery method. Whichever delivery you choose, you will receive a tracking number from us to track your package online.

  4. Shipping costs include handling, packaging, and postage. Handling fees are fixed amounts, while transport costs depend on the total weight.

  5. The delivery times given by www.motone.eu are indicative.

  6. If the delivery is delayed, or if an order cannot be executed or only partially, the consumer will be notified no later than 30 days after placing the order. In this case, the consumer has the right to terminate the contract without costs.

  7. Upon termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.

  8. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and known representative to the entrepreneur unless explicitly agreed otherwise.

  9. The delivered products remain the property of www.motone.eu until the full purchase price is paid.

IX. Right of Withdrawal

  1. You have the right to withdraw from the contract within a period of 14 days without giving reasons. The withdrawal period is fourteen days after the day on which you or a third party designated by you, who is not the carrier, physically acquires the last good.

  2. To exercise the right of withdrawal, you must inform us (info@motone.eu) of your decision to withdraw from the contract by means of an unambiguous statement. You can use the model withdrawal form, but you are not obliged to do so.

  3. I/We () hereby wish to revoke the purchase of the following goods ():

  • Ordered on () / Received on () _____

  • Name of the customer(s) _____

  • Address of the customer(s) _____

  • Date _____

(*) Delete as applicable

  1. To comply with the withdrawal period, it is sufficient to send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.

  2. If you withdraw from the contract, you will receive all payments you have made up to that point, including delivery costs (except for any additional costs resulting from your choice of a different delivery method than the cheapest standard delivery offered by us), without delay and in any case no later than 14 days after we have been informed of your decision to withdraw from the contract. We will reimburse you using the same payment method that you used for the original transaction unless you have expressly agreed otherwise; in any case, no fees will be charged for such reimbursement. We may withhold reimbursement until we have received the goods back, or you have provided proof that you have returned the goods, whichever is earlier.

  3. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired.You can return the package using the free return label included in the package. There are many locations in Ireland where you can drop off the package. You can find a list of locations on the website: 

    https://www.parcelconnect.ie/dropoff

  4. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

X. Exclusion of Right of Withdrawal

  1. The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in time before the conclusion of the contract:

    a) Products manufactured according to the consumer's specifications that are not prefabricated and are made based on an individual choice or decision of the consumer, or that are clearly intended for a specific person;

    b) Products that spoil quickly or have a limited shelf life;

    c) Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery.

XI. Complaints Procedure / Performance of Contract and Additional Guarantee

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

  2. Complaints about the execution of the contract must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.

  3. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

  4. Complaints submitted to the entrepreneur are answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.

  5. An additional guarantee provided by the entrepreneur, its supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the contract if the entrepreneur has failed to fulfill its part of the contract.

  6. An additional guarantee is understood to mean any commitment by the entrepreneur, its supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what they are legally required to do in case they have failed to fulfill their part of the contract.

XII. ODR Platform

  1. In accordance with Article 14 paragraphs 1-2 of Regulation (EU) No 524/2013 of the European Parliament and Council of 21 May 2013, we are committed to providing information about the ODR platform.

  2. The ODR (Online Dispute Resolution) platform was established to facilitate the independent, out-of-court resolution of disputes between consumers and entrepreneurs via the internet.

  3. These disputes relate to contractual obligations arising from online sales or service contracts between consumers from the European Union and entrepreneurs and their companies established within the European Union.

  4. Consumers wishing to take advantage of the possibility of amicable dispute resolution regarding online shopping can submit their complaint via the EU ODR Internet platform: https://ec.europa.eu/consumers/odr/.

  5. We would also like to inform you that MOTONE reserves the right to refuse to benefit from the solution of the dispute through mediation reported by the ODR platform.

XIII. Final Provisions

  1. MOTONE owns all intellectual property rights to the products and, more generally, to the brands, illustrations, images, and logos displayed on the items, accessories, or packaging. These remain the exclusive property of MOTONE, except for the rights of its partners and/or suppliers to their product brands and logos displayed on the Site.

  2. All rights, obligations, offers, orders, and agreements to which these Terms and Conditions apply, as well as these Terms and Conditions, are exclusively governed by Dutch law.

  3. All disputes between the parties will be submitted exclusively to the competent court in the Netherlands.

  4. The UN Convention (CISG) as well as any other international agreements, also after their adoption into Dutch law, do not apply. This also means that the customer residing in one of the EU countries or in Switzerland will not be deprived of the protection granted by mandatory provisions of the law of that country.

  5. Changes to these conditions are only effective after they have been published in an appropriate manner, with the proviso that in the event of applicable changes during the term of an offer, the most favorable provision for the consumer will prevail.