Terms and conditions
Welcome to our online store! These terms and conditions ("Agreement") apply to the purchase and sale of products ("Products") through our website, located at onmymoto.com (the "Site"). The Site is owned and operated by [ON MY MOTO] ("Seller", "we", "us", or "our"). By placing an order for Products, you agree to be bound by and accept this Agreement.
Personalized items
We do not have a stock of pre-printed Products. All our Products are made on your request with the colors / design and size chosen by you so the Products you order are considered to be made to the consumer`s specifications, also known as: personalized.
Orders and Payments
a. Orders. All orders are subject to acceptance by us. We reserve the right to refuse or cancel any order, at any time and for any reason. If your credit card has already been charged for an order that is later cancelled, we will issue a refund.
b. Payment. You agree to pay the total purchase price for the Products, including any applicable taxes and shipping fees. Payment may be made by credit card or other payment methods accepted by us. We may require additional verification or information before accepting any order.
Intellectual Property
a. Site Content. The Site and all content, including but not limited to text, graphics, logos, images, and software, are the property of Seller or its licensors and are protected by United States and international copyright laws.
b. Trademarks. The trademarks, service marks, and logos displayed on the Site are the property of Seller or its licensors and may not be used without our prior written consent.
Disclaimer of Warranties
We make no representations or warranties of any kind, express or implied, with respect to the Products or the Site, including but not limited to any warranties of merchantability or fitness for a particular purpose. You agree that your use of the Site and purchase of Products is at your sole risk.
Limitation of Liability
In no event shall Seller be liable for any direct, indirect, special, incidental, or consequential damages arising out of or in connection with the use or inability to use the Products or the Site, even if Seller has been advised of the possibility of such damages.
Changes to Terms and Conditions
We reserve the right to change these terms and conditions at any time, without prior notice. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site or purchase of Products following any such changes constitutes your acceptance of the new terms and conditions.
Shipping
Shipping. We will ship the Products to the shipping address you provide during the checkout process. We will use commercially reasonable efforts to deliver the Products within the estimated delivery timeframe, but we cannot guarantee delivery by any specific date or time.
Delivery. Delivery will be deemed complete and risk of loss or damage to the Products will pass to you upon our delivery of the Products to the carrier. Any claims for loss or damage during shipping must be made directly to the carrier.
Once you`ve placed an order, you might no longer be able to edit the order details or cancel it. If you have an issue with the shipment of your order, contact us within 15 days of the delivery or estimated delivery date. In some cases, you may need to reach out to the shipping carrier directly.
Once you have confirmed your order, it might not be possible to edit or cancel it. If you want to change some parameters, Customer addresses, etc., please check whether such an option is available in your account. We are not bound to make such modifications to your order, but we will do our best on a case-by-case basis.
The risk of loss of, damage to and title for Products pass to you upon our delivery to the carrier. It shall be your (if you are a User) or your Customer`s (if you are a Merchant) responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case We will not make any refunds and will not resend the Product.
For Users in the European Economic Area or the United Kingdom, the risk of loss of, damage to and title for Products will pass to you when you or a third party indicated by you has acquired the physical possession of the Products.
If carrier tracking indicates that a Product was lost in transit, you or your Customer may make a written claim for replacement of the lost Product in compliance with our Return Policy. For Products lost in transit, all claims must be submitted no later than 15 days after the estimated delivery date. All such claims are subject to Our investigation and sole discretion. We cannot guarantee delivery to P.O. boxes.
Return Policy
Any claims for misprinted/damaged/defective items must be submitted within 30 days after the product has been received. For packages lost in transit, all claims must be submitted no later than 15 days after the estimated delivery date.
If you notice an issue on the products or anything else on the order, please submit a problem report.
The return address is set by default to Our facility. Unclaimed returns get donated to charity after 15 days.
Wrong Address - If you or your end customer provide an address that is considered insufficient by the courier, the shipment will be returned to our facility. You will be liable for reshipment costs once we have confirmed an updated address with you (if and as applicable).
Unclaimed - Shipments that go unclaimed are returned to our facility and you will be liable for the cost of a reshipment to yourself or your end customer (if and as applicable).
Notification for EU consumers: According to Article 16(c) and (e) of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, the right of withdrawal may not be provided for the supply of goods that are made to the consumer`s specifications or are clearly personalized, therefore We reserve rights to refuse returns at its sole discretion.
This Policy shall be governed and interpreted in accordance with the English language, regardless of any translations made for any purpose whatsoever.
Product Image & Description
Summary: We strive towards making our product development process the best we can, yet we can`t guarantee that the product representations on our website will be 100% accurate or that the manufacturing stage won`t result in damages. To speed up fulfillment, we also offer you product alternatives in case any of your products are out of stock.
While many component parts of our Products are standard, all Products available for purchase are described on their specific page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers.
We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of Products, their price, packaging, and any Service associated at any time, without prior notice. Before ordering, we invite you to have a close look at the Product description and design.
We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colors and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.
Sometimes during the manufacturing process Products can be damaged. Obviously we won’t knowingly ship damaged items to you (your Customers), but these damaged items can still be used for charitable purposes. We reserve the right to donate all damaged items with full or partial designs to charity and you hereby waive your right to collect royalties or other fees regarding damaged Products that are donated.
Purchase of products
Summary: To make sure your orders arrive as quickly as possible, please make sure you submit the correct order details at checkout. We don`t take responsibility for missed deliveries due to typos in the delivery information.
Your order is purchase of a Product for which you have paid the applicable fee and/or other charges that we have accepted and received. Any Products in the same order which we have not accepted do not form part of that contract. We may choose not to accept any orders in our sole discretion.
Orders are placed and received exclusively via the Site. Before ordering from us, it is your responsibility to check and determine full ability to receive the Products. Correct name of the recipient, delivery address and postal code/zip code, up-to-date telephone number, and email address are absolutely necessary to ensure successful delivery of Products.
All information asked on the checkout page must be filled in precisely and accurately. We will not be responsible for missed delivery because of a wrong or misspelled recipient name or surname, delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, phone number, or any other special requirements, please contact Us.
We reserve the right to place your order on hold due to print file issues, security concerns, if we need to confirm your address, or in case of other issues. In case your order will be placed on hold, we will give you 30 days to resolve the issue. If you will not resolve the issue or cancel your order within 30 days, we will cancel the order. In case your order is cancelled, we will only make a refund if work on your order has not started yet.
Privacy and Personal Data Processing
For the aforementioned purposes, we collect information that may contain the following personal data:
Name;
Company name;
Shipping information;
Email address and phone number;
Payment and billing information (payment method details, first and last digits of your payment card);
Information, including images and data, which may appear on government-issued identity documents;
Order handling information
We do not knowingly collect, maintain, disclose, or sell personal information about users under the age of sixteen (16). If you are under the age of 16, please do not use our Services. If you are under the age of 16 and have used our Services, please contact us at the email address below so that we may delete your personal information.
If you use our Services only for your personal use, you are to be considered as the “User” and for the purpose of the General Data Protection Regulation (“GDPR”) and the UK General Data Protection Regulation (as defined by the UK Data Protection Act 2018 as amended by the Data Protection, Privacy and Electronic Communications (Amendments, etc) (EU Exit) Regulations 2019), we are the data controller.
After terminating your relationship with us by deleting your account or otherwise ceasing to use our Services, we may continue to store copies of your personal data as necessary to comply with our legal obligations, to resolve disputes between you and us (or you and your customers), to prevent fraud and abuse, to enforce our agreements, and/or to protect our legitimate interests (to the extent that we are permitted by the applicable law to continue to store copies to protect our legitimate interests).
We seek to use reasonable organizational, technical, and administrative measures to protect the confidentiality, integrity, and availability of personal data. We encourage you to take care of the personal data in your possession that you process online and set strong passwords for your account, limit access to your computer and browser by signing out after you have finished your session, and avoid providing us with any sensitive information.
In order for Us to provide you with our Services, we work with third parties who perform services on our behalf and with whom we share personal data to support our Services (“Service Providers”).
Information you have provided to us during the use of our Services, including technical usage data, is shared for business purposes in our legitimate interests with third parties who provide hosting and server co-location services as well as data and cyber security services.
Information you have provided to us during the use of our Services may be shared with third-party manufacturing services whom we engage to provide our Services to you.
Your email address and other contact details you have provided to us and your messages to our customer service is shared for business purposes in our legitimate interests with communication, email distribution, and content delivery services as well as customer support system providers.
Information regarding your purchases and payments is shared with billing and payment processing services, fraud detection and prevention services, accounting and financial advisors, advisors, so that we can provide our Services
to you.
Information regarding your use of our website and other information received from cookies and similar technology is shared with web analytics, session recording, and online marketing services.
Account deletion
Accounts created on our website can be deleted by requesting via email. We maintain the right to keep the information even personal data, in order to maintain the optimal functioning of the page and to identify (even at a later time - at the request of authorized institutions like police) possible situations of fraud.
Deletion of personal data
The deletion of personal data from the website database (this data means user data) can be done by explicit request through the Contact form. After a detailed analysis (to avoid any kind of fraud situation) we will take measures to delete the data from our database. We maintain the right to keep the information regarding our customers, even personal data, in order to maintain the optimal functioning of the page and to identify (even at a later time - at the request of authorized institutions like police) possible situations of fraud.
