Terms & Conditions

TERMS AND CONDITIONS OF USE

ACCEPTANCE OF TERMS AND CONDITIONS

BEFORE USING THIS SITE, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS, WHICH APPLY TO THIS SITE AND ALL MATERIALS ON IT.

By accessing and using www.atvmotoshop.com, you confirm that you have read and accepted these terms and conditions. Your use of the www.atvmotoshop.com Site constitutes your unconditional acceptance of these terms and conditions. If you do not agree to these terms and conditions, please discontinue browsing this Site.

Thank you for visiting www.atvmotoshop.com (hereinafter referred to as the "Site"). Access to and use of this Site is permitted only in accordance with the terms and conditions below and the laws of the Romanian state. The use of this Site requires reading and accepting these terms and conditions in their entirety.

This site is controlled and operated by: S.C. ATV MOTO SHOP S.R.L, with registered office in Bucharest, Str. Postalionului Nr.53, Bl.2, Et.1, Ap.11, Sector 4, registered at ORC Bucharest under No. J40/13003/2012, CUI RO30875598.

S.C. ATV MOTO SHOP S.R.L, through www.atvmotoshop.com, assumes the right to make any changes to the content of the site and the user agreement without any prior notice to users in this regard.

OBLIGATIONS OF THE BUYER

The user is obliged to provide true and accurate information about himself/herself when this information is requested for the completion of an online order form. If www.atvmotoshop.com has reason to suspect that this information is not true, it reserves the right to restrict access to the services offered by the www.atvmotoshop.com Website. Restricting access may mean deleting/invalidating any online order and all information contained therein and prohibiting access to www.atvmotoshop.com services.

PRIVACY POLICY

S.C. ATV MOTO SHOP S.R.L. respects the laws in force regarding data privacy.

S.C. ATV MOTO SHOP S.R.L. undertakes not to transmit the personal data of the users of the site to third parties and to use them only for the purpose of establishing contact with its customers as well as for the purpose of informing them about aspects related to the functioning of the site and its offers.

S.C. ATV MOTO SHOP S.R.L. does not encourage SPAM, does not provide your e-mail address to third parties (natural or legal persons), does not sell, does not offer, does not exchange e-mail addresses obtained through this site, does not disclose your e-mail address to other persons accessing the pages of this site, without your written consent. Any user who has explicitly provided his/her email address on the www.atvmotoshop.com website for the launch of an order, may opt to have it deleted from the S.C. ATV MOTO SHOP S.R.L. database, either by a written request sent to the address Bucharest, Postalionului Str. Nr.53, Bl.2, Et.1, Ap.11, or by an "Unsubscribe" message, sent according to the instructions in the information messages (newsletter).

LIMITS OF THE USE OF THE SITE

When you access the www.atvmotoshop.com website you declare that you agree to use this service for lawful purposes only. Specifically you agree to:

a) not modify, copy, distribute, transmit, display, publish, reproduce, license, create derivative works from, transfer or sell any information or services obtained from or through this website;

b) you will not permit or authorize any third party to use the www.atvmotoshop.com Website to transmit or receive material that is contrary to any applicable law or legal provision, obscene, threatening, abusive, defamatory, racist, or otherwise;

c) you will not engage in or permit cracking or hacking activities, or denial of service attacks; users who violate the security of thewww.atvmotoshop.com Site, the systems or networks of the servers on which it is maintained may be subject to civil and criminal prosecution.

By accessing and using this Site you agree to hold harmless and not to sue S.C. ATV MOTO SHOP S.R.L. for any claim raised by a third party resulting from the use of the www.atvmotoshop.com Site and the Internet, as well as in respect of any loss (direct, indirect, consequential or otherwise), cost, action, suit, claim, damage, injury, expense (including legal expenses) or other liability whatsoever suffered or incurred directly or indirectly by the Company as a result of the visitor's breach or disregard of these terms and conditions.

In order to exercise the above mentioned rights, you can request from the company S.C. ATV MOTO SHOP S.R.L. this, by a written request, dated and signed, addressed to Bucharest, Postalionului Street No.53, Bl.2, Et.1, Ap.11, Sector 4. The company will be obliged to inform you of the measures taken as well as, if applicable, the name of the third party to whom the personal data relating to you have been disclosed, within 15 working days from the date of receipt of the request.

COPYRIGHT

Copyright: S.C. ATV MOTO SHOP S.R.L. All rights reserved. Copyright or other intellectual property rights in the text, images, sounds, software, and any other material within this site are the exclusive property of S.C. ATV MOTO SHOP S.R.L., or are included with the permission of the copyright owner.

It is permitted to browse the site, to reproduce some passages by printing, downloading to disk, and to alienate them to other persons, but, in all cases, only for non-commercial purposes, i.e. only for informational or personal purposes. No reproduction of any part of this site may be sold or distributed for commercial purposes, nor may it be modified or used in other works, publications or sites, whether in electronic or printed form, or posted on any other site. S.C. ATV MOTO SHOP S.R.L. does not grant visitors to this site any license or right whatsoever to the materials posted and/or downloaded from the site, as well as to the content and structure of this site.

SECURITY

The information in the order form and in the registration form will be used to send the user confirmation of orders, information about possible promotions, etc.

www.atvmotoshop.com assures its users that it will not make public e-mail addresses or personal data to third parties, unless required by public authorities under Romanian laws. Persons who use a false e-mail address or send electronic messages or any other communication in the name of another natural or legal person or in the name of any other entity will be sanctioned in accordance with the laws in force.

LOGIN

Authentication is the means by which we can identify you based on your e-mail address and a password. This is how we access the information you provide for delivery and billing. In order to authenticate you must first register by completing the appropriate form. All your details are secure, and we will never make them public, nor entrust them to anyone else. Registering an account is mandatory to buy from our shop.

If you are a first time customer, you need to register as a customer by selecting the option "AUTHENTICATE/NEW ACCOUNT". This will simplify the execution of a subsequent order, as the initial data will be registered in the database, and only the login data will be required the next time you enter the shop. When entering your data, fields marked with * are mandatory.

PRODUCTS AND PRICES

The technical specifications or prices of the products present on this site are informative and may be changed without prior notice (unless you place an order online and pay the value of the product ordered on the basis of the proforma invoice issued or communicated by S.C. ATV MOTO SHOP S.R.L., in which case the price on the proforma invoice paid and the technical details of the product ordered are final). www.atvmotoshop.com does not guarantee that the description of the products or any other content of the site is error-free. The images shown on the site are examples only, the products actually delivered may differ from them in terms of colour, appearance, etc.

www.atvmotoshop.com does not guarantee the availability in stock of the products displayed, their supply and delivery being made only on the basis of the order placed by the consumer. In all cases in which the products cannot be delivered for reasons beyond the control and/or fault of ATV MOTO SHOP S.R.L., the customer can only request the immediate return of the amounts already received by www.atvmotoshop.com, but not any other compensation.

In order to avoid any unpleasantness, please contact our staff in the CONTACT section of this website. Every order received via www.atvmotoshop.com will be verified by telephone. All prices on this site, whether expressed in EURO, LEI or USD, are in lei and include VAT. Payment can be made in cash, by Money Order or Online by Bank Card.

PURCHASE PRODUCTS

In order to purchase products, please fill in the online order form available on the website www.atvmotoshop.com or contact a representative of S.C. ATV MOTO SHOP S.R.L. by phone at the phone numbers displayed on the website. When placing an online order you will be contacted by a representative of S.C. ATV MOTO SHOP S.R.L. to establish the conditions for sending the proforma invoice and the delivery data of the ordered products. The proforma invoice sent by S.C. ATV MOTO SHOP S.R.L. will detail the products and/or the product ordered, their price, the term and method of payment, as well as the conditions and term of purchase and delivery.

RETURN CONDITIONS

Cancellation of purchase within 14 days can only apply to products delivered by courier.

The returned product must be in the same condition in which it was delivered (in the original packaging with all accessories, with intact labels and documents that accompanied it). All returned products must be complete, in new condition, in the original packaging and without any damage, additional labels, scratches, traces of wear or assembly, etc. The return costs will be borne by the customer and the refund of the product will be made within 14 days of return.

If you want to return the product, do not use it, do not unseal it (e.g. you cannot return pickled or already used products)!

You may not use the products you have received, before taking a decision on the cancellation of the sale-purchase contract. The right of withdrawal exists to allow you to examine the product as you would in a shop, not to give you 14 days free use.

Excluded products:

The 14-day cooling-off period does not apply to the following products, according to Article 14(1)(e) of GEO No. 34/2014 on consumer rights in contracts with professionals, as well as amending and supplementing certain legal acts:underwear items that have been unsealed, which cannot be returned for hygiene reasons

Products on promotion:

Promotional, resealed or clearance products cannot be returned if they were purchased by a legal entity.

RESIZE

Resealed products are functional products that have been displayed on the shelf, have not been picked up by customers or the wrong size or model has been chosen.

The warranty period is the legal one, without any exception. The conditions of use, handling and transport of a resealed product are the same as for sealed products.

SITE CONTENT

None of the information contained in this site constitutes a recommendation for investment in any service and/or product offered by S.C. ATV MOTO SHOP S.R.L.

Neither S.C. ATV MOTO SHOP S.R.L. nor its employees shall be liable for any loss, damage, or expense (including, but not limited to, any indirect, incidental or consequential loss of profits) which may arise out of access to or use of this site.

S.C. ATV MOTO SHOP S.R.L. reserves the right to make changes and corrections to this site at any time without prior notice.

DISCLAIMER OF LIABILITY

S.C. ATV MOTO SHOP S.R.L. does not assume responsibility for printing or display errors, regarding prices, characteristics, images, etc. In the event that the price of the product or some of its characteristics have been incorrectly entered in our databases or displayed incorrectly, and delivery has not yet been made, S.C. ATV MOTO SHOP S.R.L. reserves the right to cancel the delivery of the product and to notify the customer as soon as possible of the error. Also, the images of the products are presented on the website by way of example, and the products delivered may differ from the images in any way, due to changes in characteristics, design, without prior notification by the manufacturers.

DECLARATION OF NON-GUARANTEE

*CAREFULLY READ* You understand and agree that you use the www.atvmotoshop.com Site at your own risk. The Service is provided "as is" and "as available" and to the maximum extent permitted by law. The Company expressly disclaims all warranties, express or implied, with respect to the www.atvmotoshop.com Site and your use thereof, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. The Company assumes no responsibility for any product or service offered or advertised by any third party or of any website linked to it or featured on any banner or advertising material, and S.C. ATV MOTO SHOP S.R.L. shall not be a party to and shall not be responsible in any way for monitoring any transaction between you and any third party product or service provider. As with the purchase of a product or service by any means or in any medium, you should use your best judgment and exercise caution where appropriate. No advice or information, whether oral or written, obtained by you from ATV MOTO SHOP S.R.L. or through the www.atvmotoshop.com Site shall create any warranty not expressly stated in this Terms of Service Statement.

LIMITATION OF LIABILITY STATEMENT

*YOU CAREFULLY NOTE* You understand and agree that S.C. ATV MOTO SHOP S.R.L. shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages of any kind, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of: (a) your use of or inability to use the www.atvmotoshop.com; (b) statements or conduct of any third party in relation to the www.atvmotoshop.com; (c) inaccuracies, errors or mistakes in content; (d) personal injury or property damage of any kind arising out of your access to and use of the www.atvmotoshop.com Site; (e) any software defects, viruses, "Trojan horses" or similar entities that may be transmitted to or through the www.atvmotoshop.com Site by a third party; or (f) any other matter relating to the www.atvmotoshop.com Site, whether based on warranty, contract, tort or any other legal theory.

COMPENSATION

You agree, at your own expense, to indemnify, defend and hold harmless S.C. ATV MOTO SHOP S.R.L., its employees, agents and representatives against any claim, hypothetical claim, suit, legal action or administrative proceeding arising out of or related to your use of or access to the www.atvmotoshop.com Site or your violation of this Statement.

DISCLAIMER AND INDIVISIBILITY

The failure of either party to exercise or enforce any right or provision of the Terms of Service Statement shall not constitute a waiver of such right or provision. If any provision of the Statement of Service, including the Disclaimer of Warranties or Limitation of Liability, is found by a court to be unfounded, unenforceable or void, the parties nevertheless agree that the court shall endeavor to give effect to the parties' intentions as reflected in such provision, and the other provisions of the Statement shall remain valid and in full force and effect.

APPLICABLE LAW

This statement of the terms of service shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law provisions. Any action brought by you against S.C. ATV MOTO SHOP S.R.L. under this statement shall be brought exclusively in the courts of Romania, and any action brought by S.C. ATV MOTO SHOP S.R.L. against you under this statement shall be brought, at S.C. ATV MOTO SHOP S.R.L.'s option, in the courts of Romania at the Company's registered office or in the appropriate courts of the jurisdiction in which you are domiciled. You and S.C. ATV MOTO SHOP S.R.L. hereby irrevocably consent and submit to the personal jurisdiction and venue of such courts.

LITIGATION

Any disputes arising from the use, visit and / or placing an order through the Site www.atvmotoshop.com, will be submitted for resolution to the competent courts of S.C. ATV MOTO SHOP S.R.L..