Terms & Conditions

1) Scope

These Terms and Conditions shall apply to all orders submitted or to be submitted by you for any items, offered to you on or via the Motorgc.com website, a DVR device or other Motorgc.com application (referred to in these Terms and Conditions as the “Products”), including, but not limited to, hardware devices, accompanying items and accessories including devices, items or accessories containing pre-installed software (“Hardware”)

2) Orders

Any order submitted is subject to acceptance by Motorgc.com. Only upon acceptance by Motorgc.com by way of an order confirmation the agreement is concluded.
Motorgc.com reserves the right to reject any orders in full or in part or to apply a maximum order amount.
All orders for Hardware are subject to stock availability.

3) Price and payment

Prices indicated on the website are including VAT. Shipping and handling charges (if any) will apply in addition to the price indicated on the website. You are responsible for any local sales taxes, other taxes and government levies, if any, associated with the order. Prices are subject to change at any time but will not affect orders for Hardware, (pre-installed) software (“Software”) or Services made prior to the date of the change
All orders must be paid for through the payment service as made available by Motorgc.com (“Payment Service”). In order to submit orders and use the Payment Service you must supply details of your preferred payment method, billing and shipping address (if applicable) and/or any other details necessary to complete the order.
If, for whichever reason, collection through the Payment Service should fail Motorgc.com will invoice you by post for the amount payable, which must be paid by cheque, postal order or credit card within 15 days from the date of invoice.

4) Delivery and risk of loss

Motorgc.com will endeavour to deliver or activate the Product within 30 days of order acceptance. If multiple Products are ordered, Motorgc.com reserves the right to deliver or activate each Product separately.
Products will be delivered either to your delivery address or possession. The risk of loss or damage to the Products will pass to you at the moment the Products are delivered to you.
If you refuse or neglect to take delivery of the Products,Motorgc.com reserves the right to charge you for the reasonable cost of storing the Products until delivery can be made.
If delivery to you should fail for any reason outside of Motorgc.com’s control,Motorgc.com reserves the right to cancel the agreement and refund any money paid.
If Motorgc.com delivers a Product to you or activates a Product on your device by mistake, you shall immediately inform Motorgc.com of its mistake by email via http://www.Motorgc.com and you shall, at Motorgc.com’s request, immediately arrange for the return of the Product (the costs of which shall be met by Motorgc.com), de-install or destroy the Product.
Acceptance of a non-ordered Product does not relieve you from acceptance and payment of the Product you initially ordered, unless otherwise agreed with Motorgc.com.

5) Cancellation Policy Hardware

Motorgc.com allows you to cancel a purchase agreement for Hardware for any reason provided that it has not yet been used at any time during the 14 days following the date of delivery to your delivery address, and will refund the purchase price actually paid. If you choose to cancel the purchase agreement for Hardware, you must contactMotorgc.com during the 7 working days following delivery by email via http://www.Motorgc.com.com to obtain a Return Materials Authorisation number and return the Hardware in its original packaging, free of all interests, liens, or claims otherwise, to the address provided by Motorgc.com. Motorgc.com will charge you for any directly associated shipping or postage costs incurred.
You agree that the performance of Services byMotorgc.com will commence immediately on Motorgc.com’s acceptance of your order. You will not be able to cancel such Services after such performance commences, which includes, but is not limited to, downloading, installing or activation of the Service by you.

6) Limited Warranty

Motorgc.com does not and cannot warrant that the Products operate in a manner that is completely error-free nor that any information provided is always accurate. Calculation errors may occur when using GPS such as those caused by local environmental conditions and/or incomplete or incorrect data.
Motorgc.com offers a limited warranty that the Hardware will be free from defects in workmanship and materials under normal use (“Defects”) for a period of one (1) year from the date the Hardware was purchased, or from the date of purchase until such date as you breach any of these Terms and Conditions, whichever is the shorter period (“Warranty Period”). During the Warranty Period, the Hardware will be replaced byMotorgc.com (“Limited Warranty”) without charge for either parts or labour.
This Limited Warranty does not cover damage caused by normal wear and tear or as a result of the Hardware being opened or repaired by someone not authorized by Motorgc.com, and does not cover damage caused by: misuse, moisture, liquids, proximity or exposure to heat and accident, abuse, non-compliance with the instructions supplied with the Hardware, neglect or misapplication. The Limited Warranty does not cover physical damage to the surface of the Hardware.
Motorgc.com does not provide any warranties in respect of the Products in addition to the Limited Warranty stated in this clause 6. In particular, and to the maximum extent permitted by applicable law, Motorgc.com and its suppliers provide the Products “AS IS AND WITH ALL FAULTS”, and hereby disclaims all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of satisfactory quality, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of reasonable care and skill, all with regard to the Products, and the provision of or failure to provide support or other services, information, software, and related content through the Products or otherwise arising out of the use of the Products. Also, there is no warranty or condition of quiet enjoyment, quiet possession, or non-infringement with regard to the Products. This exclusion does not apply to (i) any implied condition as to title and (ii) any implied warranty as to conformity with description.
In order to make a claim under the Limited Warranty of a Defect, you must contact Motorgc.com by email during the Warranty Period via http://www.Motorgc.com to explain the Defect and to obtain a Return Materials Authorisation number if necessary. The Software or Hardware must be returned to Motorgc.com as soon as possible following your notification of the Defect, along with an explanation of the Defect, to the address provided byMotorgc.com. You must comply with any other return procedures stipulated byMotorgc.com, if any.
This Limited Warranty is the only express warranty made to you and is provided in place of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications.
This Limited Warranty is not transferable.

7) Limitation of Liability

To the maximum extent permitted by applicable law, neitherMotorgc.com nor its suppliers and subcontractors shall be liable to you or to any third party for any damages either direct, indirect, incidental, consequential or otherwise (including in each case, but not limited to, damages for the inability to use or access the Products, loss of data, loss of business, loss of profits, business interruption or the like) arising out of the use of or inability to use the Products, even if Motorgc.com has been advised of the possibility of such damages.
Notwithstanding any damages that you or any third party might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Motorgc.com and any of its suppliers arising from or related to the use of the Products shall be limited to the amount actually paid by you for the Products concerned.
Motorgc.com shall not be liable for (i) any fraud on the part of its employees and/or agents; or (ii) any fraudulent misrepresentation on the part of its employees and/or agents.
Notwithstanding any of the above or anything else contained in these Terms and Conditions, nothing in these Terms and Conditions shall limit either party’s liability for death or personal injury resulting from its own negligence.
The above limitation of liability does not affect any legal rights under the applicable national legislation.

8) Force Majeure

Force majeure means circumstances that impede the fulfilment of Motorgc.com’s obligations under these Terms and Conditions which are not within Motorgc.com’s reasonable control, including late and/or delayed deliveries and incomplete deliveries by Motorgc.com caused by circumstances beyond Motorgc.com’s reasonable control. In a force majeure situation all of Motorgc.com’s obligations shall be suspended. Should the period in which Motorgc.com cannot fulfil its obligations as a result of force majeure continue for longer than ninety (90) calendar days, both parties shall be entitled to dissolve the purchase agreement in writing without there being an obligation to pay any compensation whatsoever arising out of or in connection with that dissolution

9) Privacy

Motorgc.com will not disclose information regarding your personal details, account or transactions to any third party other than in accordance with its Privacy Policy. You hereby agree that you have read and accepted the Privacy Policy.

10) Links to Third Party Websites

Motorgc.com is not responsible for the content of any third-party websites or services, any links contained in third-party websites or services, or any changes or updates to third-party websites or services. Where Motorgc.com provides links and/or access to third-party websites and/or services it is only as a convenience to you, and the inclusion of any link or access does not imply an endorsement by Motorgc.com of the third-party site or service.

11) Third Party Rights

Third parties have no rights under applicable legislation in relation to the rights of third parties to rely upon or to enforce any term of these Terms and Conditions but that does not affect any right or remedy of a third party which exists or is available apart from such applicable legislation.

12) Survival

Any provisions in these Terms and Conditions which by their nature extend beyond the termination or expiration of any sale or licence of the Products will remain in effect.

13) Severability

If any provision of these Terms and Conditions is deemed to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. You and Motorgc.com are deemed to have agreed to new terms and conditions in substitution for such invalid provisions. These new terms and conditions shall be interpreted, as regards their contents and effect, as closely as possible to the original text as written but in such a way that rights can indeed be derived from them.

14) Governing law

These Terms and Conditions and any disputes related to these Terms and Conditions or to the purchase and use of the Products or otherwise are subject to English law. The United Nations Convention on Contracts for the International Sales of Goods is hereby excluded from application to these Terms and Conditions. All disputes arising out of these Terms and Conditions shall be settled by the courts of the place where you have legal domicile or are in residence, which will have exclusive jurisdiction in respect of any such disputes.

15) Translations

The English version of these terms and conditions is the prevailing version for your purchase.

16) Questions

Should you have any questions, suggestions or complaints concerning your order, your purchase, these Terms and Conditions, or if you desire to contact Motorgc.com for any reason, please do so by email by visiting Motorgc.com’s website at http://www.Motorgc.com