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Business Terms and Conditions
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Business Terms & Conditions

 Business Terms and Conditions for End Users  

1. General Provisions

General Sale Provisions (hereinafter referred to as the “General Provisions”) are set by the contractual relations between each user of hsmotoracig.com websites (hereinafter referred to as the “User” or “You”) and HS moto racing  s.r.o. , registered address: Nový svet 30, 974 01  Banská Bystrica. (Hereinafter referred to as HS moto racing)

These General Provisions are exclusively applied and shall replace all other terms excluding preliminary express and written agreement. HS moto racing may temporary change some provisions in the General Provisions. For this reason, it is necessary to read stipulated General Provisions every time you visit our websites. These terms and conditions shall be valid upon their introduction on the websites and shall not apply to the contracts made before this moment.

All purchases on our websites come under General Provisions which shall apply at given period of time. Pay, please, attention to the fact that acknowledging your order you unconditionally accept General Provisions you should have already become familiar with.

Visiting our websites you undertake to follow our General Provisions for Sale and Use.

2. Process of Ordering

Once we receive your order, you shall be notified by e-mail. A purchase contract upon which goods sale shall be carried out from the Seller to the Purchaser shall be established based on binding acknowledgment of the order. The order shall become biding when acknowledged by e-mail or phone call following the previous Purchaser’s electronic order and when the payment is received on our account if paid by bank transfer (PAYPAL) – acknowledgment of order delivery into a system shall not be considered for binding acknowledgment of the order. A contact necessary to acknowledge the order is normally carried out by the Seller once he checked availability and date of delivery of required goods. The order (or its part) acknowledged by the Seller shall be regarded as binding for both parties unless any terms and conditions agreed upon acknowledgment are breached. Essential terms shall be regarded, in particular, order content (precise specification of goods and their number), price for goods and transport, means and date of delivery.

3. Order Cancellation

Order Cancellation from the Purchaser
s side
The Purchaser has right to cancel the order without any reason whenever before its binding acknowledgment. Once the order was placed as a firm order, only in case that the Seller shall not meet agreed delivery terms. In case the acknowledged order is cancelled, the Purchaser must indemnify damage arising out of such negotiations. The Seller shall set up a claim for damage compensation especially if the goods are purchased “made-to-order” which had to be arranged at customer’s request or in case that due to goods arrangement provable costs were already incurred. Cancelation fee may be up to 80% of the total price for goods. The order may be cancelled by e-mail or by phone.

Order Cancellations from the Sellers side
The Seller reserves the right to cancel the order or its part in the following cases:

·         the order could not have been firmly acknowledged (incorrect phone No., not available, do not respond to e-mails, etc).

·         the goods are neither produced nor delivered any more, or the price from the goods supplier has changed dramatically. In case such event occurs, the Seller shall immediately notify the Purchaser to agree the next steps. Should the Purchaser already pay the partial or the whole amount of the purchase price, then the given amount shall be transferred back to his account or address within 5 calendar days.

4. Prices 

Selling prices on websites are given in Euros and Czech crowns including VAT, without the fees for transportation. Users transportation costs are automatically calculated when the goods are acknowledged into a basket. Sending the order into our system the user acknowledges that he/she agrees with the price for delivery.

5. Discounts

Only one form of discount may be used at purchase. A discount may not be combined with any other discounts.

6. Goods Availability

Your order shall be settled according to availability of our products in stock. Next to each product its availability is given: in stock, or term of delivery. In case some of ordered products are not available we undertake to notify you by e-mail within 24 hours from ordering date to let you know a time period within which the goods may be delivered or we offer you alternative goods in place of the ordered ones.

7. Delivery

Your order shall be delivered to address you have specified as a place of delivery - to your address given at registration.
A delivery fee shall depend on selected product. We do as much as we can to meet all delivery dates given on our websites. However, we shall assume no responsibility for any consequences due to delayed delivery or loss of shipment caused by the carrier or unpredictable and impassable obstacle due to force majeur.

In case the shipment is not delivered within an agreed period of time, enquiry shall start at carrier
s side and that can take several days. During this period it is not possible to carry out any financial refund or send the shipment again. When receiving your order you must check whether the products satisfy your order and are undamaged. In case of any discrepancies, write down all anomalies of the delivery in a form of hand written defects, sign it and do not take over the goods. Returned products may be accepted only if in original condition, particularly in original package, with all accessories and instructions for use.

In case it is agreed that non-conforming order was delivered, the user may decide on repair or replacement of the product, save to the case that one possibility is incomparable much costly that other possibility. We may ask you for additional information to confirm your purchase.

For this reason and to avoid any delays we require you check all actual data at the moment when your order is placed:

·         Your paid or professional e-mail address

·         Phone number (home or at work) on which you are available during day.

8. Cancellation Terms – Your Contentment or Money Paid Back

Should the product not meet your expectations, you have a possibility to return such product within 14 working days. You have right to terminate the purchase agreement without any deductions except the transportation costs. Within the mentioned period you can return the product at your own expenses together with an invoice and returned amount for goods shall be transferred via bank transfer to the customer
s account.

The goods shall be returned by registered mail and insured at the carrier to the amount of the purchase price of goods. It is necessary in case of theft or loss due to carrier
s fault. Product return shall be at customer’s expense. 

Only products in original condition and complete (with package material, accessories, instructions for use...), and  undamaged shall be accepted. No incomplete, broken, damaged or dirty product shall be taken over.

In case money are returned, the returned amount is sent to the user
s bank account.

9. Warranty, Claim and Service

All products on our websites have:

·         warranty period defined by law

·         period for hidden faults defined by law

·         warranty period from a producer which length and scope depend on products and brands

Transportation costs for product(s) delivery shall be paid by the user. However, if the warranty applies to the returned goods, all fees connected with such return we shall reimburse. You must return all products of complaint by post (or other carrier).

Warning: the warranty set by law shall not apply, or applies only partially to external damage of a product (e.g. impact,...), to damages caused by a customer due to product use which is in conflict with producers instructions for use, defects due to use which prevent good preservation of a tool, damage due to use for commercial purposes, defects due to use of improper additional equipment, accessories or non-conforming consumer material.

The warranty of the producer to sold products shall not cover:

·         replacement of consumer material

·         improper and non-conforming use of products, so we recommend to read the instructions for use very carefully,

·         failures related to accessories,

·         faults caused by intervention of an engineer,

·         defects related to any external reason (e.g. impact, ...)

In case the producer shall refuse to pay for repair, he shall issue a price list for repair. If you refuse a price list for repair, the producer shall require payment of administrative fees which shall be calculated together with transportation costs for you. They have to be paid to our bank account. In case you agree with a repair offer, we shall ask you to pay it via bank transfer.

10. Suggestions and Comments

All suggestions and remarks sent by users are read and checked. HS moto racing  s.r.o. reserves right to refuse or change all unethical comments (misleading advertising, abusive communication, insults, comments outside a topic, etc).

11. Protection of Personal Data  

All information you give us is necessary for processing and order delivery, invoice and warranty issue. Should the user not provide us with such data, we must cancel the order. When registering with our website you undertake to provide us with correct information. Any incorrect information is in conflict with General Provisions for sale and use of our websites.

We respect your privacy. To offer you valuable services we need to know some of your personal data. Such data are protected against any misuse and we guarantee that never shall we provide any third party with your contact information and data on your purchases. Using this internet shopping you agree with gathering and using information about you and your purchases under abovementioned terms. When registering as a customer, applicant for news, participant in survey and other forms of registration you automatically agree that you can be informed on news in our internet shop by e-mail.

Our internet shop reserves right to withdraw from safety warranty in case a server is attacked by an unknown perpetrator (hacker). This shall be the only case when the abovementioned rules on data handling shall not apply.

WHAT TO DO IN CASE OF FAILURE

In case of failure contact us via e-mail or by phone. We then agree on the next steps.

 

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