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Terms of Trade

TERMS OF TRADE

 This website is operated by La Moto Powersports Superstore. These terms of trade apply to your ordering of products via our site.

Definition

Customer means a person who orders product(s) via this Website

Product(s) means any products listed as shopping items on this Website

Seller means La Moto Powersports Superstore (La Moto Limited)

Website or this Website means www.lamoto.co.nz, lwww.lamoto.com.br

Placing an Order

Information contained on this Website constitutes an invitation to order. No information on this Website constitutes an offer by Seller to supply any Product(s).

By placing an order via the Website, the Customer makes an offer to purchase the Product(s) he or she has ordered on these terms and conditions. The Seller may or may not accept the Customers offer at the Sellers absolute discretion.

Upon receipt of the Customers order, the Seller will verify the availability of the Product(s) and the Customers credit card or other payment details. The Seller has not accepted the Customers offer and is not obliged to supply the Product(s) until the Seller has shipped the Product(s).

Shipping and Delivery

The Seller can ship to virtually any physical address in the world. Note that there are restrictions on some products, and destinations and some products cannot be shipped to international destinations.

The Seller offers an extensive range of products for sale that that the Seller sources from its local and global suppliers. For products that the Seller stock in its local warehouse, please allow up 3-5 days for processing and delivery. For other products which the Seller source direct from our suppliers please allow 7 - 21 days for processing and delivery. 

When you place an order, the Seller will estimate the shipping and delivery dates for you based on the availability of your items and the shipping options you choose. Depending on the shipping provider you choose, shipping date estimates may appear on the shipping quotes page.

Please also note that the shipping rates for many items the Seller sells are weight and volume based. All shipping costs are sales tax exclusive in the currency of order.

Any dates quoted by the Seller for the delivery of Product(s) are estimates only and shall not form part of the contract. The Seller aims to deliver promptly, however delays are occasionally inevitable due to unforeseen factors. The Seller shall be under no liability for any delay or failure to deliver the Product(s) within the estimated delivery time.

When your order is available for delivery and payment has been cleared, the Seller will send your order out with one of the local post or courier services depending on size and weight. Shipping charges include handling and packaging of items to be sent to your nominated address. 

If an order shipment is undeliverable, the Product(s) ordered by the Customer will be returned to the Seller at the Customers expense, as stock available for sale to other customers. The returned Product(s) can be sold to other customers and the Seller shall have no obligation to reserve or redeliver the returned Product(s) to the Customer.

Pricing and Information Disclaimer

All prices listed are GST exclusive. New Zealand GST applies and are calculated based on your delivery address at check out as being a New Zealand address.

All pricing is subject to change. For all prices, products and offers, the Seller reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.

While the Seller uses reasonable efforts to include accurate and up-to-date information on the Website, the Seller makes no warranties or representations as to the Websites accuracy. Every effort has been made to provide accurate product images however all images provided on the Website are intended as an approximate guide only. The Seller assumes no liability or responsibility for any errors or omissions in the content on the Website.

Warranty Policy

For Product(s) not manufactured by the Seller, the warranty shall be the current warranty provided by our suppliers manufacturer of the Product(s). The Seller shall not be bound by nor responsible for any term, condition, representation or warranty given by the manufacturer of the Product(s).

Returns Policy

You don't have the right to return goods and exchange them or get a refund simply because you've changed your mind, or your circumstances have changed.

Customers are required to report to the Seller any defective product within 48 hours from date of receipt.

If your shipment is damaged in transit you agree to contact the Seller within 48 hours of delivery.

Any problems must be reported in writing or by email and the customer cannot return goods until you have received a written authorisation. Goods sent back without one will not be credited to your account or refunded.

The Seller will inspect all returned products. If the product is found to be defective due to improper installation or misuse, the warranty will be declined automatically.

For New Zealand customers, relevant consumer guarantees are set out in the Consumer Guarantees Act (CGA). 

Consumer Guarantee provides you rights against a manufacturer, importer, supplier or retailer if your products dont meet any of the CGA consumer guarantees. These rights include the right to expect that your purchase will last for a reasonable amount of time, as long as you dont misuse the products. This period may last longer than the manufacturers warranty for larger electrical appliances like ovens, washing machines and dryers. These guarantees apply whether or not you have an express manufacturers warranty (or it has expired) or an extended warranty from the retailer. Again, the supplier will usually sort out any issues directly with the manufacturer, unless you bought directly from the manufacturer or importer.

Should you return any products purchased that are faulty and are covered by the Manufacturer's warranty, the Seller may offer a replacement of the same product without extra charges. You will be responsible and liable for any postage or courier fees incurred to return the unused product in its original packaging, unused condition with all tags attached and proof of purchase back to the Seller. Goods for credit may incur a 15% restocking fee.

Address for returns:

La Moto Powersports Superstore

2/6 Quay Street

Auckland 1010

New Zealand

Liability

The Seller will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage or any kind whatsoever arising and whether caused by tort, breach of contract or otherwise.

The Sellers maximum aggregate liability whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by the you to the Seller in respect of the Product(s) in question.

Changes

The Seller reserves the right to update, revise or change these terms and conditions, the price of the Product(s) and any other information listed on this Website at any time. Any such changes will take effect when posted on the Website and it is the Customers responsibility to read the terms and conditions and confirm the price of the Product(s) on each occasion when he/she uses this Website and the Customers continued use of the Website shall signify his/her acceptance to be bound by the latest terms and conditions.

Cancellation

The Seller may cancel these terms and conditions or cancel delivery of Product(s) at any time before the Product(s) are delivered by giving written notice. On giving such notice the Seller shall promptly repay to the Customer any sums paid in respect of the Price for those Product(s). The Seller shall not be liable for any loss or damage whatsoever arising from such cancellation.

Copyright and Intellectual Property

All of the designs, products, and content within and any materials made available on the website are the sole property of the Seller. The website, designs, products, images and content within are protected by copyright and intellectual property law and may not be reproduced in any form without the express written consent of the Seller. You hereby agree not to reprint, post, or copy (including electronic or digital scans) any photography, sales materials, or product designs without the advance, express written consent of the Seller.

Import Tax / Duty / GST / VAT

For deliveries to international addresses the customer is liable for payment of any country import tax/duty/GST/VAT for any product at the time of entry into the country of destination. The Seller does not accept any responsibility for any taxes or duties charged. To find out more information about Import taxes / duties or GST / VAT please contact your local customs office.

Agreement

Your use of this website constitutes an agreement between you and the Seller. This agreement shall be construed in accordance with the laws of New Zealand, without regard to any conflict of law provisions.