Welcome to the Moto Werk online store. At motowerk.com we provide you with the goods described in this site subject to the following conditions. If you visit or shop at this site, you accept these conditions. Please read them carefully. Moreover, when you use any current or future options on this site, you will also be subject to the guidelines and conditions applicable to such business.
PRIVACY AND ELECTRONIC COMMUNICATION
In addition, please review our Privacy Notice, which also governs your visit to this site. When you visit this site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices and photos on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
LICENSE AND SITE ACCESS
We grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without express written consent. You may not use any meta-tags or any other "hidden text" utilizing our name or trademarks without our expressed written consent. Any unauthorized use terminates the permission or license granted by us. You are hereby granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this site so long as the link does not portray us, or our products in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without our expressed written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You must be at least 18 years old to purchase products on our site with your credit card or debit card.
All of our products have been designed to fit only with the OEM - original motorcycle equipment manufacturer - parts. By placing your order on our website, you acknowledge that our products can only be installed with the OEM motorcycle parts and set-up, and you waive any rights or claims for returns or refunds if our products do not fit with other after market parts that have not been manufactured by us.
If you cancel your order after placing it and before we ship it to you, you agree to pay us 5% order cancellation fee to cover our costs of processing your credit/debit card payment. Upon cancellation of your order, we will subtract 5% of the total amount paid from the refund amount. If we have already shipped your order, you will need to follow our Return Policy.
Furthermore, by placing an order on our website, you acknowledge that you understand that our products can only be installed on the motorcycle makes, models, and years specified under product description, and you waive any rights or claims for returns or refunds if our products do not fit with non-specified motorcycle makes, models, and years.
We reserve the right to refuse to sell, terminate accounts, remove or edit content, or cancel orders in our sole discretion if:
1) we discover that you do not comply with the above terms, or
2) we suspect that the payment transaction is fraudulent, or
3) the billing address is incomplete, incorrect or unverified and you did not provide us with the address proof after our email request, or
4) the shipping name and/or address is different than the credit/debit card holder's billing address, or
5) we were unable to electronically verify the cardholder's billing name and/or address, or
6) you ordered only the part that is sold as an add-on to other product, without purchasing that product from us
7) for any other reason we may have to protect our business
By purchasing merchandise from our website you agree to and are bound by all the terms and conditions contained herein in the Terms and Conditions page. Our website records your consent to these Terms & Conditions before you can proceed with the checkout process.
RISK OF LOSS
All items purchased from this site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier unless indicated by us otherwise. Moto Werk is not responsible for package delivery delays, including but not limited to delays due to Customs processing, natural disasters, or other interruptions in package delivery in the destination country. If you experience any problems with delivery of your order, please contact us at firstname.lastname@example.org and we will be glad to assist you.
If the package arrives damaged in any way, you need to report it to your local mail/parcel carrier immediately upon the delivery and file the appropriate damage/claim report with your local mail/parcel carrier requesting the results of the damage investigation report be forwarded to us. We will only accept the official carrier damage investigation reports or claims as a proof of damage, which need to be forwarded to us within 7 days from the package receipt date. All packages showing the status of "delivered" on the electronic tracking website will be considered delivered undamaged unless we receive an investigation report from the carrier proving otherwise as explained above.
We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
With respect to the products sold by us, we reserve the right to change prices as we may see fit and post the changes on our site. If your item is on a backorder and the price changed before our shipment to you, you will still pay the price advertised at the time of your order.
Your shopping cart reflects a fixed shipping cost, based on the shipping method you chose. This cost assumes that all items in your cart are going to a single address and that you will not make any changes or additions to your order after the check-out process is completed. We will only accept and ship orders to the cardholder's verified billing address. If the shipping name/address does not match the cardholder's billing information, your order will be cancelled.
We sell and ship only to customers in the United States.
By completing a payment transaction you agree to receive and/or pick up the package containing your order and mailed to you via USPS within the time indicated by those carriers, but not later than 5 days after receiving a notification from the carrier or us about the attempted delivery of your package.
By completing your purchase, you agree to all the terms and conditions of our Return Refund & Exchange Policy, as described below.
1) Our return policy lasts 21 days from the shipment date. If 21 days have gone by since the shipment date, unfortunately we can’t offer you a refund. All orders shipped outside of the United States are non-returnable and non-refundable.
2)To be eligible for a return, the purchased item(s) must be unused and in the same condition that you received it. The item(s) must also be in the original packaging with all its hardware and parts included.
3) Several types of goods are exempt from being returned. Non-returnable items are the items that have been installed, attempted to be installed, are scratched, dinged or damaged in any way, or disassembled (such as the anti-vibration handlebar riser) or purchased with intention of being installed on a different motorcycle make, model, or year than the one indicated on our website under the item name and description. Any of such items cannot be returned. We also do not accept returns on products that were attempted to be installed on the motorcycle with non-OEM (not original motorcycle manufacturer) parts, or with after-market parts made by other manufacturers, or those customized to your specification (custom orders), or floor models sold at a discount. Partial returns are not allowed. Partial returns of individual components of the product sold as a kit are not allowed. When kickstand inserts or flat foot are bought together with lowering kit as a complete set, customers are not allowed to return either the kickstand insert, or a flatfoot, or the lowering kit. No returns and/or refunds are allowed for such items.
4) To complete your return, we require that you first contact us to obtain a Return Authorization Number. You must email us at email@example.com with your request and reason for return, the order number, as well as photos of the items you wish to return. All packages returned without the appropriate RAN on the outside will be returned to sender.
5) If you refuse package delivery and your order is returned to us by USPS, it will be treated as a return and it will incur a 10% restocking fee and the shipping charge will be non-refundable as well. If you do not pick up the package from the postal service, domestic or international, for any reason (including avoidance of paying assessed customs and duty fees), and the package is returned to us, you will incur a 10% restocking fee and you will pay for all shipping charges, including the return shipping costs, which will be subtracted from the refund balance.
Refunds (if applicable)
1) Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
2) If your return is approved, then your refund will be processed as follows: a 10% restocking fee, any discounts applied during checkout, and any shipping charges will be deducted from the final refund amount. A credit for the adjusted amount will automatically be applied to your credit card or original method of payment, within 3 to 5 business days.
3) If the item(s) returned turn out to have been installed or damaged in any way, we reserve the right to refuse a refund and discard the item or charge you an additional fee for repairing the damage to bring the item(s) back to the original new condition. We will notify you via email of our decision after we inspect the returned item(s).
Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at firstname.lastname@example.org.
Exchanges (if applicable)
We only replace items if we shipped you a wrong item by mistake. If you need to exchange it for the same item, send us an email at email@example.com and we will promptly send you a correct item(s).
To return your product, you should contact us to obtain a Return Authorization Number first. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable.
If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
All returns will be subject to a 10% restocking fee.
We will not accept returns on the merchandise that was used, modified in any way, has hardware marks, is scratched, discolored or damaged, with missing hardware, or returned more than 21 days after our shipment date, and without the RAN.
Furthermore, we will not accept returns on the merchandise that was purchased by the buyer with an intention to be installed on a different make and/or model of a motorcycle rather than on the specific make and/or model advertised by us on our website, whether or not the buyer has attempted an installation of our products on a different make and/or model of such a motorcycle or not.
Items returned to us without the written Return Authorization Number will not be accepted or eligible for a refund or exchange.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED PRODUCT WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND USE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
DISCLAIMER OF PRODUCT WARRANTIES AND PRODUCT/MANUFACTURER LIMITATION OF LIABILITY
The installation of any aftermarket part may void or otherwise adversely affect your factory warranty or motorcycle performance. In addition, such installation and use may violate certain federal, state and local laws, rules and ordinances as well as other laws when used on motor vehicles operated on public highways, especially in states where pollution laws may apply. Always check federal, state, and local laws before modifying your motorcycle.
It is the sole and exclusive responsibility of the buyer and user to determine the suitability of the product for his or her use, and the buyer, installer, and user shall assume all legal, personal injury risk, and general liability and all other legal obligations, duties and risks associated therewith upon purchasing our products. By purchasing products from us, you agree to release Moto Werk and its representatives and agents from any and all legal and personal injury liability and you waive the right to pursue legal action against us.
Moto Werk in no way advocates modifications to motorcycles that go against safe motorcycling. Furthermore, Moto Werk cautions anyone doing mechanical work on their bike that such work is solely at the person's own risk. Anyone who does not have the proper mechanical training or background should not undertake any mechanical project without proper supervision and instruction. The installation instructions provided on the Moto Werk's website are for general reference only and should not be relied on solely for the purpose of installation of products sold on this website. Customers who purchase our products are expressly advised to follow manufacturer's installation and maintenance instructions. By purchasing our products, customers assume any and all liability related to the installation of the products on their motorcycles.
If a customer is not completely familiar and/or experienced with the processes involved, Moto Werk highly recommends that the customer has such products installed by a qualified, licensed and insured, experienced professional motorcycle mechanic. Any products installed by a professional mechanic and / or motorcycle dealership fall under the warranty and general liability of that particular mechanic and/or motorcycle dealership as they assume all legal liability for the installation.
By purchasing our products, all dealers and mechanics agree to release Moto Werk and its representatives from any and all legal and personal injury liability resulting from the product purchase and/or installation.
Moto Werk does not advocate any modifications to any motorcycle which are unsafe to proper motorcycle operation or maintenance and does not advocate any modifications to any motorcycle which will negate any vehicle warranty.
You may not modify our parts in any way. The following are explicitly prohibited: any modifications to our products, any installation of our products that is not in complete accordance with our installation instructions, any modification of other products to work or fit with our products, installation of our products on motorcycle models and years other than those specified in our product description page, add-to-cart selections, and SKU descriptions. By performing any of the above described prohibited activities, you void any and all warranty, return, and liability claims.
You agree to indemnify, defend and hold harmless Moto Werk and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.