Terms and conditions of use

II. Definitions

In these terms and conditions, the following definitions apply:

• Reflection period: the period within which the consumer can exercise their right of withdrawal;
• Consumer: a natural person who does not act for purposes related to their trade, business, craft, or profession;
• Day: calendar day;
• Digital content: data produced and supplied in digital form;
• Continuous performance contract: a contract that involves the regular delivery of goods or services over a certain period;
• Durable medium: any tool, including e-mail, that allows the consumer or entrepreneur to store information addressed to them personally;
• Right of withdrawal: the option for the consumer to withdraw from the distance contract within the reflection period;
• Entrepreneur: MOTONE (see Section I);
• Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling;
• Model withdrawal form: the European model form included in Annex I;
• Technique for distance communication: means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously in the same room.

If these terms refer to "consumers," they are natural persons. "Entrepreneurs" are natural or legal persons who order for business purposes. "Customers" are both consumers and entrepreneurs. "Working days" refer to all days of the week 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. You will be asked to register and enter your personal data.
2. You are responsible for ensuring that the personal data is truthful and complete. You are obligated to treat the personal access data confidentially.
3. You can also place orders as a guest. Unfortunately, for logistical and technical reasons, purchasing as a guest may be limited.

V. The Offer

1. If an offer has a limited validity period, this will be explicitly stated.
2. The offer contains a complete and accurate description of the products. Apparent mistakes or errors in the offer do not bind the entrepreneur.
3. The prices of the products are displayed in euros and include all taxes. Delivery costs are excluded unless otherwise stated.
4. MOTONE reserves the right to change the prices of its products at its own discretion.

VI. Placing an Order

1. To order a product, click the "Add to cart" button. Click "Proceed to checkout" to validate your cart.
2. The customer has the opportunity to view their order and the total price in detail before finalizing it.
3. Acceptance of the order by the customer is materialized by their acceptance of these general terms and conditions and the payment.
4. MOTONE will send an order confirmation by e-mail as soon as possible. This is considered proof of the contractual relationship.
5. In case of non-availability of a product, MOTONE commits to informing the customer by e-mail.
6. Contracts concerning products offered on motone.eu are concluded in English.

VII. Payment

Payment is made exclusively in euros via PayPal, credit/debit card, or bank transfer.

1. If you choose to pay in advance via bank transfer, please use the details above.
2. Accepted bank cards: Visa and Mastercard. Your account will be charged at the end of the order.
3. If paying with PayPal, you will be redirected to the PayPal website to confirm the payment.
4. We only accept payments from accounts within the EU. We do not bear the costs of a money transaction.
5. Invoices are sent to customers exclusively in electronic form.

VIII. Delivery

1. The type of transport and costs are specified in the order depending on the delivery address and weight.
2. The estimated delivery time is 5 to 7 business days (1 business day for handling + 3 to 6 business days for transit).
3. Whichever delivery method you choose, you will receive a tracking number from us to track your package online.
4. If the delivery is significantly delayed or cannot be executed, the consumer will be notified no later than 30 days after placing the order. The consumer has the right to terminate the contract without costs.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer.

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 14 days after the day you physically acquire the goods.
2. To exercise the right of withdrawal, you must inform us ([email protected]) by means of an unambiguous statement. You can use the model withdrawal form (Annex I), but it is not obligatory.
3. If you withdraw from the contract, you will receive all payments you have made, including standard delivery costs, without delay and no later than 14 days after we have been informed.
4. We may withhold reimbursement until we have received the goods back or you have provided proof of return.
5. 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

The entrepreneur can exclude the following products from the right of withdrawal:

• Products manufactured according to the consumer's specifications (custom-made);
• Products that spoil quickly or have a limited shelf life;
• Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken.

XI. Complaints Procedure & Additional Guarantee

1. Complaints about the execution of the contract must be submitted within a reasonable time, fully and clearly described, to [email protected].
2. The entrepreneur guarantees that the products comply with the contract, specifications, and legal provisions.
3. Complaints are answered within 14 days from the date of receipt.
4. An additional guarantee provided by the manufacturer never limits the legal statutory rights of the consumer.

XII. ODR Platform

In accordance with Article 14(1) of Regulation (EU) No 524/2013, the European Commission provides an Online Dispute Resolution (ODR) platform to facilitate the independent, out-of-court resolution of disputes between consumers and entrepreneurs. Consumers can submit their complaints via the EU ODR platform: https://ec.europa.eu/consumers/odr/.

XIII. Final Provisions

1. MOTONE owns all intellectual property rights to the products, brands, and logos displayed on the site.
2. Agreements to which these Terms and Conditions apply are governed by Polish law. All disputes will be submitted to the competent court in Poland.
3. However, this choice of law does not deprive the consumer residing in Ireland (or another EU country) of the protection granted by mandatory provisions of the law of their country of residence.
4. The UN Convention (CISG) does not apply.
5. Changes to these conditions are only effective after publication on the website.

Annex I: Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract)