Contents:
1. General Terms of Use for MotoGeo Website
2. Terms of Sale and Purchase from MotoGeo Site and Store1. Website Terms of Use
USE OF WEBSITE
This website (“site”), is a website owned and operated by MotoGeo LLC (“MotoGeo”, “we”, and “us”). MotoGeo is a company registered in the USA and the registered address is:
MotoGeo LLC
PO Box 153
Topanga
CA 90290
USA
These terms of use (“Terms of Use”) tell you the terms on which you may use our site, whether as a guest or as a registered user. Please read these Terms of Use carefully before you start to use the site. By using our site, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our site.
Please also read our privacy policy (“Privacy Policy”) which explains how we will use any information about you that we receive. The Privacy Policy forms part of these Terms of Use.
Additional terms may apply to particular services offered by us (“Additional Terms”). These Additional Terms will be set out at the point of access to the relevant service. If there is any inconsistency between the Additional Terms for a particular service and the Terms of Use, the Additional Terms will prevail.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, the content of our site (including without limitation, software, graphics, text, images, designs, compilations, databases, targeting information, and the trademarks, logos, domain names, trade names, service marks, trade identities, any and all copyright material (including source and object code), and all other materials related to our site) (the “Content”) is protected by applicable copyrights, trademark rights, database rights and other proprietary rights. MotoGeo LLC owns all Content. Nothing in these Terms of Use grants you a right or licence to use the Content except as expressly provided in these Terms of Use.
Subject to strict compliance with these Terms of Use, we grant you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferrable licence to use our site and to view, download for caching purposes only, and print pages from our site for your own personal use.
YOUR PERSONAL DATA
When registering on our site or interacting with other services offered by us via our site it may be necessary for you to provide some personal information to us. We will keep your personal information secure and will use it only in accordance with our Privacy Policy. All personal information held by us will be held in accordance with the terms of applicable data protection laws.
LINKING TO OUR WEBSITE
We welcome ‘hot links’ and deep-links to our site, by which we mean that you may include a link to any page of our site on other websites, provided that you do not use such link in any way which would imply partnership, affiliation, endorsement or sponsorship of any service or product or which may bring us or the other brands in our group into disrepute. You may not display the Content or allow it to be displayed surrounded or framed or otherwise surrounded by material not originating from us without our consent. If you would like to license our material, please email admin@motogeo.com
FEEDS TO OTHER WEBSITES/RSS
If you operate your own website, you can display the latest headlines from other websites on your own site using RSS.
We encourage the use feeds as part of your website, provided that the proper format and attribution is used when any MotoGeo content appears. You may not use any MotoGeo brand or a MotoGeo logo or other MotoGeo trademark alongside the RSS feed.
We reserve the right to prevent the distribution of content using RSS. We do not accept any liability arising from your use of the feeds or from any inaccuracy or omission in the content or interruption in availability.
THIRD PARTY LINKS
Our site may contain hyperlinks to websites and resources owned and operated by third parties. These third party websites and resources have their own terms of use and privacy policies which you will need to comply with. We have no control over third party websites or resources and we are not responsible for the availability of such websites and resources. We do not accept any responsibility or liability for any third party websites and resources and your access and use of such services and content is at your own risk.
Third party links do not imply that MotoGeo endorses, is affiliated or associated with any linked website, or is legally authorised to use any intellectual property accessible through such links.
COMPLAINTS
If you have a complaint about editorial content on this site please contact use immediately at admin@motogeo.com
NOTICE AND TAKEDOWN
If you are a rights owner (or acting on behalf of a rights owner) and believe that any User Content infringes your copyright, you must provide us with a written notice by email to admin@motogeo.com
TERMINATION AND SUSPENSION
We reserve the right to modify, suspend or discontinue any service offered by us or any part of it (including the availability of any features of or pages on our site) at any time and without notice or liability to you.
Notwithstanding the above, we will try to warn users that their access to our site may be suspended or terminated.
DISCLAIMER
You use our site and the services offered by us at you own risk. Our site, the Content, the User Content and other services offered by us are provided “as is” and on an “as available” basis. The content and information displayed on our site is provided without any warranties as to its completeness or accuracy.
We do not guarantee that our site, the Content, the User Content or any services offered by us will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors and omissions.
To the fullest extent permitted by law, MotoGeo (including its officers, employees and agents) expressly excludes conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and any liability incurred by any user of our site, including, without limitation, any liability for:
loss of revenue, income, profits, contracts, business, goodwill, anticipated savings, reputation, data or information;
wasted management or office time; and
any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.
Nothing in these Terms of Use excludes or limits our liability for any liability which cannot be excluded or limited under applicable law.
INDEMNITY
You agree to indemnify us and keep us fully and effectively indemnified from and against all claims, damages, expenses, costs and liabilities (including legal fees) relating to or arising from your use of our site, the Content, the User Content or any services offered by us, or arising from any breach or suspected breach of these Terms of Use by you or your violation of any law or third party rights.
VARIATION
We reserve the right to vary these Terms of Use from time to time. Such variations become effective immediately upon the posting of the varied Terms of Use on our site. By continuing to use our site you will be deemed to accept such variations.
Please check our site regularly to ensure you are familiar with the current version of the Terms of Use and Privacy Policy. If you do not accept any of the modifications, revisions or amendments to these Terms of Use, you should stop using our site and the services offered by us immediately.
SEVERABILITY
If any term of these Terms of Use is held to be invalid or unenforceable, the remainder of these Terms of Use shall remain valid and enforceable.
EXCLUSION OF THIRD PARTY RIGHTS
These Terms of Use are not intended to benefit or be enforceable by any third party and the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms of Use.
ENTIRE AGREEMENT
These Terms of Use, together with our Privacy Policy, Competition Terms and any Additional Terms, constitute the entire agreement between you and us in relation to your use of our site and supersede all previous agreements in respect of such use.
LAW AND JURISDICTION
These Terms of Use will be governed by American law, and any disputes will be subject to the exclusive jurisdiction of the American courts.
These Terms of Use were last updated on 21 February 2018
2. MotoGeo LLC – Terms and Conditions of Sale
These are the General Terms and Conditions of Sale of MotoGeo LLC (“MotoGeo” and these General Terms and Conditions of Sale: the “Conditions”. These Conditions will apply to all orders placed by you with MotoGeo via its webstore (www.motogeo.com) or otherwise outside a physical store. By placing an order, you agree to the applicability of these Conditions to the contract entered into between you and MotoGeo.
These Conditions explain the rights and obligations of the parties which apply to your order of products via the webstore of MotoGeo. For this reason, it is important for you to take the time to read these Conditions carefully. MotoGeo recommends you to store these Conditions on your computer and/or print them out and keep them so that you can refer to them later.
1. INFORMATION ABOUT MOTOGEO
1.1 MotoGeo is a limited liability company registered in California. The complete contact details of MotoGeo LLC can be found below:
MotoGeo LLC
PO Box 153
Topanga
CA 90290
USA
E-mail: admin@motogeo.com
2. YOUR DETAILS
2.1 In order to facilitate the smooth execution of the contract by MotoGeo, it is important that you correctly and completely provide your details, such as your name, your e-mail address and shipping address in accordance with the instructions. You are responsible for the correctness of the details provided by you. You will find the complete contact details of MotoGeo under Article 1 of these Conditions.
2.2 MotoGeo will use the details supplied by you only in the manner as indicated in the privacy statement, which you may refer to on its website.
3. OFFER AND CONTRACT
3.1 When you place an order via the webstore of MotoGeo, you will enter into a contract with MotoGeo. The contract is created as soon as MotoGeo has sent a confirmation to the e-mail address provided by you.
4. PRICE AND PAYMENT
4.1 The price quoted in the webstore at the moment of placing an order is the total price including all taxes and, if applicable, shipping costs.
4.2 You may pay for your order in the way indicated in the webstore of MotoGeo.
5. ORDER PROCESSING AND SHIPMENT
5.1 MotoGeo will make every effort to process and deliver your order as well and as quickly as possible after receiving full payment.
5.2 Orders are delivered to the shipping address indicated by you and via the means of delivery chosen by you. The delivery period as shown on the website is an indication. External factors, such as internal availability as well as the payment and means of transport chosen by you, may affect the delivery period.
5.3 If you have an order delivered outside the USA, it is possible that the country in question will charge additional levies such as import tax. MotoGeo has no influence or control over such levies and will therefore not be able to inform you thereof. Before placing such an order, you must check yourself whether the items ordered by you can be exported to or imported in the country in question and what the cost is thereof.
5.4 Title to the products ordered by you is transferred to you at the moment of receipt of full payment by MotoGeo.
5.5 MotoGeo takes great care to ensure that its products are shipped correctly and completely. Should you unexpectedly receive incomplete or damaged products, please contact MotoGeo immediately.
6. QUALITY
6.1 MotoGeo makes every effort to show its products on its website as precisely and completely as possible. However, it is in the nature of the offered products that there might be differences (such as color differences) between the picture of the products on the website and the product delivered to you. Should you believe that the delivered product is not the same as the product shown on the website, you may use your return right as described in Article 7 of these Conditions.
6.2 The products offered in the webstore, such as garments and accessories are by nature subject to wear and tear. The life span of a product is also dependent on the material from which it is made, the frequency of use and the level of care. The products of MotoGeo are made from the materials indicated in the webstore. For an optimum life span and for maintaining the quality, it is important that you observe any washing instructions.
7. RETURN RIGHT
7.1 If for any reason you are not satisfied with the product you ordered, you have the right, without giving any reasons, within thirty days for US customers and sixty days for international customer, after receiving the product to indicate that you wish to terminate the contract with regard to the product in question. This concerns the so-called time to reconsider. You may use your termination right by using the return form as attached to your order. Instructions of how to return merchandise can also be found on our website.
7.2 If you decide to terminate a contract with regard to a product, you have the obligation to return this product as soon as possible, but no later than fourteen days after termination to the address of MotoGeo as mentioned in Article 1.1. The direct costs of the return shipment of the product to MotoGeo are for your own account.
7.3 In case of any termination as set forth in Article 7.1, MotoGeo will return the amount paid for the product in question immediately and in any event not later than fourteen days after receipt of the message that you wish to terminate the contract, but not before MotoGeo has received the returned product in question or you are able to prove that the product has indeed been sent back. If you have chosen a shipping method other than the standard shipping method used by MotoGeo, any additional costs thereof will not be considered for a refund.
7.4 The right of termination as included in Article 7.1 is meant to allow you to determine whether the product fits you and if you really want the product. You are allowed to use a product if necessary to verify if you want the product, just like you would do in a regular store. Continuous use of the product – such as wearing the product in a public space or any other actual use – affects your termination right as determined in more detail in Article 7.5.
7.5 If a product, through your actions, has been damaged, has been washed, the labels were removed, a product is incomplete or a product shows signs of use which prove that you have used the product more continuously than as permitted under Article 7.4, you are responsible for the decrease of value of the product caused by you. MotoGeo will deduct this decrease of value from the amount to be refunded to you.
7.6 The termination right as set forth in Article 7.1 does not apply to products that are not suitable to be sent back for purposes of health protection or hygiene and whose seal has been broken after delivery.
7.7 For international returns, please mark as gift.
8. MODIFICATIONS TO THESE CONDITIONS
8.1 If MotoGeo decides to modify these Conditions, it will post the modified Conditions on its website. You are advised to check on a regular basis whether the Conditions have been modified. These Conditions were last modified on 21 February 2018.
9. DISPUTES
9.1 MotoGeo strives to deliver only the highest possible quality in regards its products and services. However, should you unexpectedly have any complaints, you may send them by phone, by mail or e-mail to:
MotoGeo LLC
PO Box 153
Topanga
CA 90290
USA
E-mail: admin@motogeo.com
10. APPLICABLE LAW AND COMPETENT JURISDICTION
10.1 US law applies exclusively to these Conditions and the contract entered into by you and MotoGeo.
10.2 The competent court in the USA has the exclusive competence to hear and settle all disputes that might arise concerning these Conditions or the contract entered into by you and MotoGeo.