GF MOTO - TERMS & CONDITIONS
Last updated: February 2017
Sub title section
These terms and conditions of sale (these “Terms”) apply to all offers for sales and sales of products (“Products”) sold through the GF Moto website (www.gfmoto.com) (the “Site”). Your purchase of a Product constitutes your acceptance of these Terms, including your agreement in Sections 11 and 12 to arbitrate certain claims instead of going to court and not to bring or participate in class actions relating to such claims. We may change these Terms from time to time. Any new version of these Terms shall apply to Product purchases made after the new Terms are posted on the Site. You should review these Terms each time you purchase a Product through the Site.
The products are sold by GF Moto, referred to in these Terms are “us,” “we” or “our” or the like. The purchaser of a Product pursuant to these terms is referred to in these Terms as “you” or “your” or the like.
2. Orders, Cancellations and Refunds
2.1 All Product purchases are final, non-cancellable and non-refundable except solely as expressly specified in this Section 2.
2.2 Any prices, quotations and descriptions made or referred to on this Site with respect to the Product are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to our express acceptance of your order (as described below).
2.3 While we make every effort to ensure that Products appearing on the Site are available (other than Products designated as “pre-order” or “pre-sale” Products), we cannot guarantee that all Products are in stock, immediately available, or available for distribution or delivery to your desired delivery address when you submit your order. We may reject your order (without liability) if we are unable to process or fulfil it for any reason. If this is the case, we will refund any prior payment that you have made for that item.
2.4 An order submitted by you constitutes an offer by you to us to purchase the Product on these Terms and is subject to our subsequent acceptance.
2.5 Prior to such acceptance, an automatic e-mail acknowledgement of your order may be generated. Please note that any such automatic acknowledgement does not constitute a formal acceptance of your order.
2.6 Our acceptance of your order takes effect and the contract concluded at the point where such offer is expressly accepted by us dispatching your order and accepting your credit card or other payment (“Acceptance“).
2.7 After Acceptance, you may not modify or cancel your order without our prior written consent; provided, however: (a) we may cancel your order at any time after Acceptance and prior to shipment for any reason in our sole discretion, and in such event, we will issue you a credit or refund; and (b) for any “pre-order” or “pre-sale” Products (as specifically identified on the Site), you may cancel your order at any time prior to shipment upon written notice sent to GF Moto, where such notice include your order details (the foregoing collectively constitutes our “Cancellation Policy“).
3. Price and Terms of Payment:
3.1 Prices payable for the Product are those in effect at the time of dispatch or delivery, unless otherwise expressly agreed. Prices may be indicated on this Site or an order acknowledgement but the authoritative price in the event of any discrepancy, is the price that is notified to you on our Acceptance.
3.2 We have the right at any time prior to our Acceptance to withdraw any discount and/or to revise prices to take into account increases in costs including (without limitation) costs of any materials, carriage, labour or the increase or imposition of any tax, duty or other levy and any variation in exchange rates. We also reserve the right to notify you of any mistakes in the Product descriptions or errors in pricing prior to product dispatch. In such event if you choose to continue with fulfilment of the order, you acknowledge that the Product will be provided in accordance with such revised description or corrected price.
3.3 Payment shall be made prior to delivery and not by any other means unless we have given our prior agreement.
4. Delivery and Risk:
4.1 Delivery timescales which will be discussed with you during the order process and stated in any order acknowledgement, Acceptance or elsewhere are estimates only. While we endeavour to meet such timescales or dates, we do not undertake to dispatch the Product by a particular date or dates and shall not be liable to you in respect of delays or failure to do so.
4.2 Delivery shall be to a valid address within the Territory submitted by you and subject to Acceptance (“Delivery Address“). You must check the Delivery Address on any acknowledgement or Acceptance we provide and notify us without delay of errors or omissions. We reserve the right to charge you for any extra costs arising from changes you make to the Delivery Address after you submit an order.
4.3 Except to the extent required as a result of any mandatory rights you have as a consumer under applicable law, you shall not be entitled to reject the Product in whole or in part by reason of short delivery and shall pay in full notwithstanding short delivery unless you notify us in writing of any claim within 5 days of the latest of the date of receipt of the relevant invoice or delivery whereupon you shall pay for the quantity actually delivered.
4.4 Save as otherwise provided in these Terms, risk of loss of or damage to the Product passes to you on delivery or when placed in your possession, whichever shall occur first.
5. Rejection; Damage or Loss in Transit; Exchange Policy:
5.1 Except as set out below as part of the “Exchange Policy” set forth below and subject to any rights you have under applicable law that cannot be excluded or limited by these Terms:
5.1.1 We shall not be liable and you shall not be entitled to reject the Product, except for: (a) damage to or loss of Product or any part thereof in transit (where the Product are carried by our own transport or by a carrier on our behalf) where notified to us within 5 working days of receipt of the Product (the foregoing constitutes our “Exchange Policy“) in accordance with the Exchange Policy Procedures set forth below;
5.1.2 We shall not be liable for any damage or losses arising from: (a) defective installation or use of the Product; (b) the use of the Product in connection with other defective, unsuitable or defectively installed equipment; or (c) your negligence, improper use or use in any manner inconsistent with our or any other manufacturer’s specifications or instructions.
5.1.3 Where there is a shortage or failure to deliver, or any damage to the Product, we may, in our sole discretion, at our option: (a) in the case of Product shortage or non-delivery, make good on any such shortage or non-delivery and/or; (b) provide a credit or refund, pro-rated to the extent applicable; and/or (c) in the case of damage to the Product and in accordance with the Exchange Policy, replace, exchange or repair the Product upon you returning the Product in accordance with the Exchange Policy procedures set forth below.
5.2 Exchange Policy Procedures. In the event of damage to the Product meeting the terms and conditions of the Exchange Policy, you should contact us and arrange for return of the damaged Product (which must include all original packaging, hardware, accessories materials, and documentation) at your expense. Upon receipt by us of the returned Product (including all original packaging, hardware, accessories materials, and documentation) and verification of the damage, we will ship out to you a replacement Product as soon as reasonably possible.
5.3 Exchange Policy Limitations. Your rights of repair or replacement of the Product or any part or parts thereof as part of the Exchange Policy will in all cases be negated or rendered void where: (a) the Product has been modified or altered by persons other than us or any authorized dealer; (b) the Product has not been returned together with full details in writing of the alleged damage in accordance with the Exchange Policy; and/or (c) the damage to the Product is not deemed to be related solely to the manufacture of the product or is deemed due (wholly or partially) to mistreatment, improper use or storage or maintenance or installation, or failure to observe any instructions or other directions issued or made available by us in connection with the delivered Product.
GF Moto operate a complaint handling procedure which is used to try to resolve disputes when they first arise. If you have a complaint, please contact us.
7. Limitation of Liability:
To the maximum extent legally permitted, whether or not we were aware or advised of the possibility of damages, and whether or not the limited remedies provided herein fail of their essential purpose: (a) our aggregate liability (whether for breach of contract, tort or any other legal theory) shall under no circumstances exceed the cost of the product you ordered and that are most closely related t your damages; and (b) in no event shall we be liable for special, incidental, indirect, or consequential damages, lost profits, lost revenue, or cost of cover.
8. Product Specification; Disclaimer of Warranties:
8.1 All Product specifications, illustrations, drawings, particulars, dimensions, performance data and other information on the Site or made available by us are intended to represent no more than a general illustration of the Product and its features and do not constitute a warranty or representation by us that the Product will conform with the same.
8.2 The products are issued with a maximum warranty period of 24 months. The warranty will only be valid in respect of issues directly related to manufacture and not as a result of incorrect installation, road conditions, accident or malicious damage. No additional support other than that provided via materials available on our website or a pre-arranged fitting appointment at our premises is provided. No other representations or claims of any kind, whether oral or written, express or implied, including fitness for a particular purpose or non-infringement, and no other representations or claims of any kind shall be binding on or obligate us. We take no responsibility for any damage accruing to the motorcycle not covered by the manufacturer’s warranty as a direct result of the fitting of this exhaust system. You bear all risks relating to the use of the product and the quality and performance of the product and assume the entire cost of all necessary servicing, repair or correction except as expressly set forth as part of the exchange policy. These terms state your sole and exclusive remedies.
8.3 Certain laws do not allow disclaimers, limitations or warranty exclusions. If these laws apply to you, some or all of the above disclaimers, limitations or exclusions may not apply to you, and you might have additional rights.
9. Consents, Customs, Duties & Export
9.1 If any license or consent of any government or other authority is required for the acquisition, carriage or use of the Product by you in any part of the Territory, you shall obtain such license or consent at your own expense and if necessary produce evidence to us on demand. Any additional expenses or charges incurred by us resulting from such failure shall be met by you.
9.2 Product licensed or sold to you under these Terms may be subject to export control laws and regulations in the Territory or other relevant jurisdiction where you take delivery or use the Product. You shall be responsible for complying with those laws and will not do anything to breach them.
9.3 If you are ordering goods for delivery outside of the EU, please note that your consignment may be subject to import duties and taxes, which are levied once the goods reach the country of destination. Any such charges levied in relation to customs clearance must be borne by you. It is accepted by you that we have no control over additional charges in relation to customs clearance. We recommend that you check with your local customs officials or post office for more information regarding importation taxes/duties that may be applicable to your online order.
We shall not be liable to you nor held in breach of contract for any loss or damage which may be suffered as a direct or indirect result of us being prevented, hindered or delayed in the performance by reason of any circumstances beyond our reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labour disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event we may elect to cancel your order and refund any payments made. You acknowledge that these Terms supersede and cancel all previous contracts, agreements and working arrangements whether oral or written, express or implied, between us. These Terms prevail over any other terms or conditions contained in or referred to elsewhere or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted. To the fullest extent permitted under applicable law, we reserve the right to modify these Terms upon prior written notice to you with effect for the future – subject to your right to reject, by way of written notice, our modifications to these Terms with respect to any orders for which Acceptance, but not yet fulfilment, has occurred. No waiver of any term or condition of these Terms shall be effective unless made in writing and signed by us. The waiver of any breach of any Term shall not be construed as a waiver of any subsequent breach or condition. The construction validity and performance of these Terms shall be governed by the laws of the United Kingdom in the event of legal proceedings arising from any dispute.
Version 1.0 February 2017.
GF Moto, Unit 3a, Drakes Farm, Drakes Drive, Long Crendon, Aylesbury, Bucks. HP18 9BA