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Conditions of Use

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (motorcycle graphics, accessories, rider wear, helmets and other equipment) listed on our website - www.motoskinzfx.co.uk - to you. Please read these terms and conditions carefully before ordering any Products from our site and print a copy for future reference. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You will be asked to check a box during the checkout procedure to indicate that you have read these terms and conditions and that you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our Site.

Information about us

www.motoskinzfx.co.uk is a site operated by Motoskinzfx.

Our main trading address is: Oakdene, Clyst, Honiton, Exeter EX5 2AN United Kingdom. Our VAT Number is: GB 177 1967 64.


Your Status

By placing an order through our site, you warrant that:

  1. You are legally capable of entering into binding contracts [and]
  2. You are at least 18 years old;
  3. You are resident in one of the Serviced Countries; [and]
  4. You are accessing our site from that Country.

How the Contract is Formed Between You and Us

  1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
  2. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation

Our Status

We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, or guarantee whatsoever that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you that a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.


Consumer Rights

  1. If you are contracting as a consumer, you may cancel a Contract at any time within SEVEN working days, beginning on the day after you received the products. In this case you will receive a full refund for the price paid for the products in accordance with our Refunds policy.
  2. To cancel a Contract, you must inform us in writing and return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk.
  3. Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your Statutory Rights.

Availability and Delivery

Your Order will be fulfilled by the Delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the Dispatch Confirmation unless there are exceptional circumstances. Such circumstances may include only part of the order being available in which case we will contact you to discuss further options which include waiting for the order to be sent complete, to send it in part with remaining items to follow or cancellation of the order.


Risk and Title

  1. The Products will be at your risk from the time of delivery.
  2. Ownership or the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery and packaging charges.

Price and Payment

  1. The price of any Products will be as quoted on our Site from time to time, except in cases of obvious error.
  2. These prices include VAT but exclude delivery and packaging costs, which will be added to the total amount due as set out in our Delivery Guide.
  3. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already send you a Dispatch Confirmation.
  4. Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product's correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
  5. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
  6. Payment for Products must be by Credit or Debit Card. We accept payment with Maestro (Domestic) Solo, Mastercard, Visa Credit, UK Visa Debit, UK Visa Electron, Commercial Cards*, Maestro and JCB. No 'cashback' facilities are available whatsoever.

We will not charge your Credit or Debit Card until we dispatch your order, however, a pre-authorisation will be obtained. Payment must be received in full before the despatch of any item and no item will be sent until the full payment has been received.

* This includes Visa and Mastercard Corporate Business Purchasing Cards.

We use Sage Pay to collect/process transaction information. Please click here to see the Sage Pay security policy.

Our Refunds Policy

  1. When you return a Product to us (for instance because you have cancelled the Contract between us, or have notified us in accordance with Our Right to Vary these Terms and Conditions that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you pay for your purchase, providing the product is returned in a good re-saleable condition in its original packaging (except in the case of a defective item). We will usually process the refund due to you as soon as possible and in any case, within 30 days of the day we received your cancellation or the day we confirmed to you via e-mail that you were entitled to a refund for delivery of a defective Product.
  2. Products returned by you because of a defect will be refunded in full, including a refund of delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
  3. Products returned by you within the seven-day cooling-off period (see point 1. in our Consumer Rights) will be refunded in full, excluding the cost of sending the item to you and you will be responsible for the cost of returning the item to us.

Our Liability

  1. We warrant to you that any Product purchased from us through our Site is of satisfactory quality.
  2. Our Liability in connection with any Product purchased through our Site is strictly limited to the purchase price of that Product.
  3. This does not include or limit in any way our liability:
    1. For death or personal injury caused by our negligence;
    2. Under Section 2 (3) of the Consumer Protection Act 1987
    3. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
  4. We accept no liability for any loss of income or revenue, loss of business, loss or profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss of damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
  5. Where you buy any Product from a third party sell through our Site, the seller's individual liability will be set out in the seller's terms and conditions.

Import Duty

  1. If you order Products from our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local Customs Office for further information before placing your Order.
  2. Please also note that you must comply with all applicable laws and regulations of the Country for which the products are destined. We will not be liable for any breach by you of any such laws.

Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposed, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your Statutory Rights.


Notices

All notices given by you to us must be given to Motoskinzfx at info@motoskinzfx.co.uk . We may give notice to you at either the e-mail or postal address you provide to us when placing any order, or in any of the ways specified in Communications. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any Notice, it will be sufficient to prove, in the case of letter, that such was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.


Transfer of Rights and Obligations

  1. The Contract between you and us is binding on you and us and our respective successors and assigns.
  2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
  3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

Events outside our Control

  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
  2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:-
    1. Strikes, lock-outs or other industrial action.
    2. Civil Commotion, riot, invasion, terrorist attack or threat of terrorist.
    3. attack, war (whether declared or not) or threat or preparation for war.
    4. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
    5. Impossibility or the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
    6. Impossibility of the use of public or private telecommunications networks.
    7. The acts, decrees, legislation, regulations or restrictions of any government.
  3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Waiver

  1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
  2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
  3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Notices above.

Severability

If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.


Entire Agreement

  1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
  2. We each acknowledge that, in entering into a Contract neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
  3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

Our Right to Vary these Terms and Conditions

  1. We have the right to revise and amend these Terms and Conditions from time to time.
  2. You will be subject to the policies and Terms and Conditions in force at the time that you order products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms and Conditions unless you notify us to the contrary within seven working days of receipt by you of the Products).

Law and Jurisdiction

Contracts for the purchase of Products through our Site will be governed by English Law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the Courts of England and Wales.


Serviced Countries

Services Countries include: North and South America, United States, Canada, Europe, European Union, Ireland, Australia, New Zealand, China and USSR.

Whilst we welcome enquiries from residents of other countries we reserve the right to reject orders from residents of countries not included in the above list. In addition we retain the right to cancel orders of items that are too heavy or bulky to send abroad unless the customer is prepared to pay for, in full, the cost of sending such items - in this case a quotation would be sent to the customer for consideration.


Delivery Guide

We aim to send most item within the U.K. by First Class Recorded Delivery subject to availability, however plastic kits and other heavier items will be sent via Courier. We will send items via Royal Mail "Next Day Delivery" at the customer's request and on payment of any extra cost incurred.

Price Guideline

Postage to within the United Kingdom Graphics kit without seat cover £3.95
  Graphics kit with seat cover £4.95 / £5.95
  Plastic kit (or plastics and graphics sent together) £7.95
  Smaller items such as bar pads, smaller graphics etc. £2.95
  Helmets £7.95
Postage to other European countries Graphics kit without seat cover £5.95
  Graphics kit with seat cover £6.95
  Plastic kits not available for export
  Smaller items £5.95
Postage worldwide Graphics kit without seat cover £9.95
  Graphics kit with seat cover £12.95
  Plastic kits not available for export
  Smaller items £7.50
Please note - these prices are in the form a guideline only and may be subject to change - the postage for any item will be stated when an order is placed.