The present Terms and Conditions of Sale ("Terms and Conditions") apply to all sales of products made to you (the "Customer") on the website www.mototracker.lt (the "Site"), operated by Elvijus Kersulis, Lithunia, telephone number: +37062232888. This Terms and Conditions supersede any prior terms and conditions or any general or specific terms and conditions of the Customer. Every product order placed on the Site, presupposes the prior consultation and the acceptance by the Customer of the Terms and Conditions.
2. Withdrawal – Returns
The Customer has the right to inform the supplier of his right to retract the sale, without payment of any fine and without giving a motive, within 30 calendar days from the day following the delivery date of the product or the signing of the services agreement.
3. Ordering process
The ordering process on the Site consists of following steps:
After submitting the order, we will send the Customer an e-mail confirming receipt of the order.
4. Acceptance of orders
To the maximum extent allowed under applicable law, all quotes or proposals are without engagement and without any obligation on seller's part. Any order made by the Customer via the Site shall always be confirmed by us by e-mail. The sales agreement is only entered into after we have confirmed the order placed via e-mail.
The price of the products the Customer orders on the Site is the price that is displayed on the Site at the time the Customer confirms the order as mentioned in the confirmation e-mail sent to the Customer.
All prices are in Euros, VAT excluded and exclusive of forwarding charges. The Customers should be aware that they may have to pay extra charges upon reception of the parcel. For example, these extra charges could be duties taxes or other official charges payable upon importation.
All other applicable taxes, duties, levies or charges arising between the moment of the order of the product and the moment of delivery shall be borne by the Customer.
6. Invoicing and Payment
Once the sale has been confirmed by e-mail, we will send the Customer an invoice by e-mail or at the latest upon delivery.
The payment modalities we accept are mentioned on the Site. Payments must be made in Euros and only by using the accepted payment modalities. The bank account of the Customer will be debited from the next working day (or up to 2 to 5 working days depending on the Customer’s bank) following the order.
7. Delivery, Title and Risk
Deliveries will be made in Normal Delivery and Express Delivery only.
Unless otherwise provided in the email confirmation, the delivery of the product(s) will occur within 2 to 8 working days.
The risk of loss, theft and whole or partial destruction of the products will be transferred to the Customer as soon as the product is delivered. The ownership of the products shall not pass to the Customer and full legal and beneficial ownership of the products shall remain with Mototracker.lt unless and until we have received payment in full for the products, including all secondary costs due such as forwarding charges, interest, charges, expenses and other costs.
We will use reasonable efforts to deliver the products ordered within the timescales indicated on the Site or on the confirmation e-mail sent to the Customer. These delivery timescales are estimates; they are not guaranteed delivery times. The Customer shall be exclusively liable for erroneously communicated delivery addresses. Where an order cannot be delivered on the address indicated by the Customer, Mototracker.lt reserves the right to immediately and automatically terminate the agreement, without prejudice to any other rights and remedies Mototracker.lt may have. In such event, we will inform the Customer of the termination of the agreement in writing or by e-mail.
Without prejudice to Force Majeure, we apply a maximum delivery time of thirty (30) days as from the day following the day upon which the Customer has sent the relevant order to Mototracker.lt. If the scheduled delivery date has been exceeded due to Mototracker.lt fault, the Customer has the right, without judicial intervention and upon simple notice, to cancel the order free of charge, to the extent Mototracker.lt has not yet sent the ordered products to the Customer at that moment. In case of such cancellation, Mototracker.lt will refund the amounts already paid to the Customer within thirty (30) days.
8. Liability and Complaints
Mototracker.lt shall not be liable for any indirect damages (including but not limited to loss of time, emotional damage, reputational damage, loss of revenue, loss of profit or loss of an opportunity).
All complaints must be notified through our e-mail email@example.com within seven (7) business days as from the delivery of the products. If the complaint is found to be justified, Mototracker.lt liability shall be limited to the reparation of or the exchanging of the delivered products.
Nothing in these Terms and Conditions shall exclude Mototracker.lt liability for fraud, will full misconduct, gross negligence, death or physical harm.
9. Force Majeure
Mototracker.lt shall not be liable in case of Force Majeure (i.e. all situations under which it is very difficult for Mototracker.lt to comply with its obligations under the sales agreement, including but not limited to disaster, fire, flood, earthquake, elements of nature, acts of God, actual or threatened terrorist attacks, acts of war, sabotage, explosion, riots, civil disorders, rebellions, revolutions and strikes, lockouts or labor disputes, government acts, accident or breakdown of plant or machinery, bugs in third party software, shortage of materials, failure by a utility provider (including electricity, gas, network or telecom provider) to provide services and any actions or omissions of third parties beyond its reasonable control).
10. After Sales Support and warranty
For any after sales support and questions the Customer can contact our customer service through email firstname.lastname@example.org . The products are covered by a legal warranty of conformity.
11. Archiving of sales history
For your convenience, we will archive your sales history, which you can consult at any time on the Site using your login details.
12. Applicable law
The Terms and Conditions are governed by, and construed in accordance with, the laws of Lithuania, without reference to the conflict of law rules.