INTERNET STORE TERMS AND CONDITIONS
1. The Internet store [“Store”] engages in retail sales via the Internet pursuant to the following conditions
2. The owner of the Store is MOTTO WEAR LLC, based in Temecula, CA. Phone (619) 938 5450, e-mail info(at)mottowear.us.
3. Orders are processed and fulfilled by Pacific Powersports Inc., based in Temecula, CA.
4. These conditions apply to all sales.
5. By placing the order(s) the customer accepts these conditions.
6. Prices listed do not include applicable sales tax and/or shipping and handling charges.
1. Orders can be placed as follows:
a) By using the form on the Store’s website,
b) Via e-mail to the address listed the Store’s website,
c) Via telephone to the numbers listed on the Store’s website.
2. A condition for the fulfillment of an order is that the Customer supply data making it possible to verify the Customer and the recipient of the goods. The Store confirms acceptance of an order by e-mail or telephone. The Store has the right to refuse to accept an order, to restrict the method of payment or demand an advance payment, if the order gives rise to justified doubts as to the accuracy and reliability of the data supplied or the method of payment.
3. The parties are bound by the information given on the Store’s website, next to the purchased product, at the time the order is placed. In particular the price, product description, product features, and time and method of delivery.
4. The information on the Store’s website does not constitute an offer within the meaning of the CA Civil Code. When placing an order, the Customer makes an offer to purchase the specified goods. The contract of sale is concluded when the order is confirmed by the Customer by clicking the “order button” in the Online Store.
1. The Customer may select from the following forms of payment:
b) Credit Card by calling (951) 719-3663
2. Shipping and handling charges are specified on the web site.
1. The Store reserves the right to choose the method of shipping, which will be done through US Mail or by courier(s) such as, but not limited to, UPS.
2. Goods will only be shipped when payment is received by the store, and the ship to information is complete and correct.
1. A customer’s complaint needs to be accompanied by proof of purchase, such as an invoice or payment confirmation.
2. If the goods do not comply with the descriptions as set forth in the contract, the Customer can send the defective goods back to the Store together with a description of the problem(s).
3. The Store will make a decision on how to solve a Customer complaint within 14 working days from the time the goods are received by the store.
4. If the resolution of the complaint involves sending replacement product to the Customer, the Store is to pay for the shipping charges involved.
5. Individual settings of the Customer’s computer and monitor causing erroneous or distorted display of information about goods (e.g. colors) will not be a basis for a complaint.
Protection of privacy
1. When placing an order the Customer consents to the processing of his or her personal data solely for the purpose of fulfillment of the order.
2. The Customer may also give separate consent to receive advertising and promotional materials, including a trade newsletter, from the Store.
3. The Customer has the right to inspect and correct his or her data and to demand its deletion.
It is not permissible to use any materials published on the Store’s website (including photographs and descriptions of goods) without the Store’s written consent.
Safety and Indemnification
1. Riding Motorcycles can be dangerous and involves certain risks. Motto Wear LLC has no control over the usage of any part or product. Customer shall read and comply with all safety instructions in the documentation for each product, and to exercise good judgment as to the proper selection, installation, use and maintenance of any part.
2. Customer agrees to defend, indemnify, and hold harmless Motto Wear LLC and its affiliates, or their respective officers, directors, employees, shareholders, agents, successors, or assignees from all liabilities, claims, and expenses, including attorney’s fees, that arise from Customer’s (a) breach of these Terms and Conditions; (b) use of any products purchased on Motto Wear LLC’s website. Motto Wear LLC reserves the right, at it’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, in which event Customer will cooperate with Motto Wear LLC in asserting any available defenses.
Pricing and availability
All pricing is subject to change. Motto Wear LLC reserves the right to make adjustments to pricing and product offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, Motto Wear LLC cannot guarantee that it will be able to fulfill Customer’s orders.
Limitation of liability
In no event will Motto Wear LLC or its affiliates, or their respective officers, directors, employees, shareholders, agents, successors, or assignees be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from products purchased by customer. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Motto Wear LLC has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Motto Wear LLC’s liability in such jurisdictions shall be limited to the extent permitted by law. Neither Motto Wear LLC nor its affiliates will be liable for products not being available for use. Customer agrees that for any liability related to the purchase of products, neither Motto Wear LLC nor its affiliates are liable or responsible for any amount of damages above the dollar amount paid by customer for the product(s) giving rise to the claim.
Motto Wear LLC will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.
Effective date and changes to the terms and conditions
1. The terms and conditions shall come into effect on the date they are published on the Store’s website.
2. The Store reserves the right to make changes to the terms and conditions, which shall come into effect as of the day on which they are published on the Store’s website. Contracts concluded prior to a change to the terms and conditions shall be subject to the version of the terms and conditions effective on the date on which the Customer placed the Order.