GENERAL TERMS AND CONDITIONS
These terms and conditions apply to the use of this website and the ordering, purchase, fulfilment and delivery of products from www.moto-plaza.com
The products on the website are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of eighteen (18) years and any other persons who are legally prohibited from entering into binding contracts. By accepting this agreement, you acknowledge that you are over the age of eighteen (18) years.
You must ensure that your access to, or use of the website is not illegal or prohibited by laws which apply to you.
You are responsible for ensuring that it is lawful to import products purchased from Moto-Plaza into your jurisdiction and/or use them in your jurisdiction.
You are responsible for obtaining any permits for, or making any modifications to the products purchased from Moto-Plaza so as to enable them to be imported into or used within your jurisdiction.
AGREEMENT BETWEEN USER AND Moto-Plaza
The Moto-Plaza website is offered to you and conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Moto-Plaza website constitutes your agreement to all such terms, conditions, and notices.
Moto-Plaza reserves the right to change the terms, conditions, and notices under which the Moto-Plaza website is offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on the Moto-Plaza website. Your continued use of the Moto-Plaza website constitutes your agreement to all such terms, conditions, and notices.
Moto-Plaza may modify, suspend, discontinue or expand the extent of the services provided on this site at any time in its absolute discretion.
INFORMATION ON THIS SITE
The Moto-Plaza website presents information provided about our products. We make every effort to make sure the information within is accurate and up to date. Features and specifications of products described or depicted on the website are subject to change without notice. For the avoidance of doubt, we will not materially change the features and specifications of a product once an order has been accepted by us and a purchase contract formed
You agree that you must evaluate, and bear all risks associated with, the use of all information at the website, including any reliance on the accuracy, completeness, or usefulness of it. By using the website you agree that Moto-Plaza and any of its subsidiary or related or affiliated companies or any of their employees or agents are not responsible for:
• the accuracy or otherwise of the information displayed or omitted from the website;
• any person’s reliance on the information presented on the website;
• any loss in connection with the use of the website.
Any order placed by you in the manner described in this website is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified in this website at the time you place your order on these terms and conditions. Moto-Plaza reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website, or an error in your order. You may place an order by following the instructions on the website. By placing an order, you make offer to enter into an agreement to purchase the product(s) the subject of your order (Purchase Contract). Orders will be deemed to have been received by Moto-Plaza at the time Moto-Plaza sends an order confirmation to your nominated email address. Moto-Plaza will primarily communicate with customers via email. It is the customer’s responsibility to ensure the correct contact details are entered and that the nominated email address is regularly checked for correspondence.
Moto-Plaza reserves the right to decline to enter into a purchase contract with you and may cancel your order at any time prior to dispatch of the product(s). In the event of a cancelled order, funds paid in relation to that order will be refunded in full. You will be provided with email confirmation of the cancellation and refund. Moto-Plaza does not accept any responsibility for orders that are declined, delayed or not accepted due to disruptions with internet connections.
Moto-Plaza shall not be liable for any delay in performing any of its obligations under this agreement if such delay is caused by circumstances beyond the reasonable control of Moto-Plaza (or its affiliates) Moto-Plaza shall be entitled to a reasonable extension of time for the performance of such obligations.
We have done our best to display as accurately as possible the colours of the products shown on the Moto-Plaza website. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.
Prices of products and services and delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability.
Despite our best efforts, on occasion it may be possible that products in our range may be incorrectly priced on the website. If we have made a mistake and a product’s correct price is higher than the price on the website, we may either contact you before shipping to request whether you want to buy the product at the correct price or cancel your order. If a product’s correct price is lower than the stated price on the website, we will charge the lower amount and send you the product, or where the higher incorrect price has been charged, we will refund the price difference and send you the product.
CUSTOMS, DUTIES AND TAXES
In relation to purchases for delivery outside of Australia, you are responsible for ensuring that the goods can be lawfully imported to the destination country. You are the importer and must comply with all laws and regulations of the destination country. For Australian customers, your orders may be subject to import costs such as customs duties and GST. You are responsible for the payment of any such costs (which may be in addition to the stated purchase price for such goods on the website).
All orders will be shipped out within 2 business days of cleared payment, delivery times are indicative only and Moto-Plaza will not be liable for any failure to observe these delivery times. We try to ensure that all products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of our control may result in delays. Moto-Plaza does not accept any liability for loss or damage suffered by anyone as a result of any such delays, any warranty service or repair for Australian based customers will be carried out in Australia.
RISK AND TITLE
Moto-Plaza will retain title to the products you order until you have made payment in full for those products, but all risk in the products will pass to you upon their delivery to or collection by a postal or courier service. You should consider whether to obtain any suitable insurance.
You acknowledge and agree that:
• the website and any necessary software used in connection with the website contain proprietary and confidential information that is protected by applicable intellectual property and other laws;
• The content contained in the website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorised by Moto-Plaza or the relevant third parties, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the website, in whole or in part.
You expressly understand and agree that:
• your use of the website is at your sole risk.
• the website is provided on an as is and as available basis.
• Moto-Plaza expressly disclaims all warranties of any kind, whether express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose and non-infringement. Moto-Plaza makes no warranty that:
• the Site will meet your requirements;
• the Site will be uninterrupted, timely, secure, or error-free;
• the results that may be obtained from the use of the Web Site will be accurate or reliable;
• the quality of any products, services, information, or other material purchased or obtained by you through the website will meet your expectations;
• any errors in the Web Site will be corrected.
Any material downloaded or otherwise obtained through the use of the website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Moto-Plaza or through or from the website shall create any warranty not expressly stated.
LIMITATION OF LIABILITY
You understand and agree that Moto-Plaza, its related corporations and the employees and agents of each is not liable for any damages, economic or other loss or damage whether direct, indirect, incidental, special, consequential or exemplary and even if Moto-Plaza has been advised of the possibility of such damages, arising out of any breach of any implied or express term, condition or warranty or suffered as a result of the negligence of any of them (including without limitation loss of profits, goodwill, use, data or other intangible losses) or in respect of:
• the use of, or the inability to use the website;
• the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into via or from the website;
• unauthorised access to or alteration of your transmissions or data;
• statements or conduct of any third party on the website;
• any other matter relating to the website or products ordered through the website.
• the replacement of the goods or the supply of equivalent goods;
• the repair of the goods;
• the payment of the cost of replacing the goods or of acquiring equivalent goods;
• the payment of the cost of having the goods repaired. In the case of services supplied by Moto-Plaza to any one of the following at our option:
• the supplying of the services again;
• the payment of the cost of having the services supplied again.
LINKS TO THIRD PARTY SITES OR SERVICES
This website contains links to sites of third parties. Those sites are not under the control of Moto-Plaza and Moto-Plaza is not responsible in any way for the contents of any linked site. The links are provided for your convenience only and may not remain current or be maintained. The existence of the link does not imply any endorsement of the linked site by Moto-Plaza. Any link by you to a third party’s site is done at your own risk. We are not responsible for the content or privacy practices associated with linked web sites.
Moto-Plaza does not represent that any information (including any file) obtained from or through the website is free from computer viruses or other faults or defects. You must take your own precautions to ensure that your process for accessing the Moto-Plaza website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. It is your responsibility to scan any such information for computer viruses. Moto-Plaza will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any liability may be imposed on Moto-Plaza, it shall be limited to the cost of re-supplying that information.
We reserve the right to email you product alerts and special offers and information relating to product updates that we believe may be of interest to you. We respect your right not to receive these communications and if you advise us at the time of placing your order that you do not wish to receive these special offer and alert emails we will disable that functionality for your account. Our communications will contain a clear link to unsubscribe.
Once you have unsubscribed we will remove your name from the communication list and will no longer send you these special offers and alerts, unless you choose to re-subscribe at a later date.
These terms are covered by the law in force in the State of New South Wales and the parties are to submit to the non-exclusive jurisdiction of the courts of New South Wales.
If any of these terms is held by any court to be invalid, the remaining terms will remain in full force and effect.
If you have a complaint, please let us know. We welcome feedback as an opportunity to improve our business and the customer service we provide.
You can make a complaint by contacting us in writing at [email protected]
When making a complaint, please let us know the following;
• Your name
• A brief description of the issue
• you order number, the product model number and the serial number if applicable
• The date of purchase
We welcome your comments regarding the website and our product however, any comments, feedback, notes, messages, ideas, suggestions or other communications submitted shall be and remain the exclusive property of Moto-Plaza. Your submission of any such comments shall constitute an assignment to Moto-Plaza of all rights, titles and interests in all copyrights and other intellectual property rights. Moto-Plaza 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. For this reason, 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 such as stories, product ideas, computer code or original artwork.
REFUNDS AND RETURNS
Moto-Plaza will repair, replace or refund faulty or damaged products in accordance with the warranty terms and conditions and your rights under the Australian consumer law.
Nothing in these terms and conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian consumer law.
All refunds may take up to 10 business days to be processed, refunds are strictly limited to those available under clauses implied by statute.
The customer must comply with directions from staff to facilitate a return.
Products returned under the returns policy must be returned in their original packaging with all accessories, and must be in a re-saleable condition.
For the avoidance of doubt, nothing in this clause limits or restricts your ability to make a claim that may be available to you for failure to comply with a guarantee under the Australian consumer law. If you are returning a product due to a fault or defect under a guarantee under the Australian consumer law, you may be able to return the product without its original packaging.
It is the customer’s responsibility to ensure that returned items are returned safely. We take no responsibility for products lost in transit.
Each product sold on the website is covered by a 12 month standard warranty, with the exception of refurbished items, which will be covered by the warranty stated in the product description.
Extended warranties may be available on selected products, as listed on the website. You may be required to register your product with the manufacturer within 14 days after delivery of your product to obtain extended warranty.
Nothing in these terms and conditions excludes the application of statutory conditions, warranties and guarantees, these guarantees cannot be excluded under the Australian consumer law.
The warranties and product support that we offer and provide pursuant to our terms and conditions are in addition to the consumer warranties and guarantees under the Australian consumer law.
In the event that you have a warranty claim in respect of a product delivered within Australia, you will be asked to return the relevant product to an Australian support centre.
Proof of purchase either by invoice copy or payment confirmation must be provided when requesting service under standard or extended warranties.
Moto-Plaza requires any customer requesting service under standard or extended warranties to comply with directions from Moto-Plaza staff in relation to troubleshooting any issue and facilitating any repair or replacement under these warranty terms and conditions.
Where products are found to be faulty or damaged upon delivery photographic evidence must be submitted prior to any repair or replacement as requested by Moto-Plaza support staff. Freight damaged items should be reported immediately via email at [email protected]
Moto-Plaza reserve the right to replace the product or part with the same or equivalent product or part rather than repair it, replacement of the product or part under the standard or extend warranty does not restart or extend the standard or extended warranty period.
Where a replacement product or part is no longer available Moto-Plaza may it its discretion replace the product or part with the nearest equivalent product or part then currently available.
In the event of a replacement or refund the faulty item shall become the property of Moto-Plaza.
Moto-Plaza reserves the right to determine which authorised repair centre is appropriate service location for any given repair circumstance.
The product shall be the customers risk while in transit to and from an authorised repair centre.
Moto-Plaza reserves reasonable discretion to determine if the product is performing within specification, subject to applicable law.
To the full extent permitted by law, the standard warranty and extended warranty will not apply in respect of a product:
• If the product has not been installed, maintained, operated or used in accordance with the instructions or specifications provided with the product;
• If any factory applied serial number has been altered or removed from the product;
• Which has suffered damage, malfunction or failure resulting from alterations, any alterations (hardware or software), accident, misuse, abuse, fire, liquid spillage, miss-adjustment of customer controls, use on an incorrect voltage, power surges and dips, force majeure, voltage supply problems, tampering or unauthorised repairs by any persons, use of defective or incompatible accessories, the operation of a computer virus of any kind, exposure to abnormally corrosive conditions or entry by any insect, vermin or foreign object in the product;
• To damage arising during installation or while moving the product, or to any transportation costs of the product or any parts thereof to and from the customer, unless otherwise specified in these warranty terms and conditions;
• To any third-party software or hardware not contained in the product as originally configured by the manufacturer;
• To any failure, to the extent that the failure is not a failure of the product to perform in accordance with its specifications;
• To replacement or repair of any consumables (including batteries and cables), or lost parts or accessories;
• To service and support of any software operating system or application installed on any product, except to assist in restoring the product to its factory default settings.
Our products come with guarantees that cannot be excluded under Australian consumer law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure. Statutory conditions and warranties apply. Nothing in these terms and conditions excludes the application of those statutory conditions and warranties. For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au
COPYRIGHT AND TRADEMARKS
This entire website, copy, images, logos, content is copyright, all other trademarks are the property of their respective owners, who are not associated with Moto-Plaza. Permission to use documents delivered from this website and/or server and related graphics is restricted. The name Moto-Plaza or any of the trademarks or logos may not be used without prior written permission. The information contained on the website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors.