Terms and Conditions
This Agreement (the "Agreement"), is between you, the User of this Website (www. Motorace.com.cy) and J.L.Motorace LTD, the owner(s) of this Website. J.L.Motorace LTD (referred to herein as "The Company"). By entering the Site or any of its associated channels, you are deemed to have accepted these terms and conditions.
If you use the Motorace’s service or www.motorace.com.cy, you agree to these terms and conditions and we follow all the rules and regulations of the Republic of Cyprus according our online services.
If you do not agree with the Terms and Conditions, you should stop using the Website immediately.
Changes to these terms and conditions: Due to the constant development of the Site it may become necessary to amend these terms and conditions and The Company reserves the right to do so by posting changes online. It is your responsibility to check these terms and conditions regularly and your continued use of the Site after such changes are posted constitutes your acceptance of these terms and conditions as amended.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
"Account" means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Carrier" means any third party responsible for transporting purchased Goods from our Premises to customers;
"Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Goods" means any products that Motorace advertises and / or makes available for sale through this Website;
"Payment Information" means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises" Means our place(s) of business located at 1, Kallipoleos, Nicosia, 1055, Cyprus;
"Purchase Information" means collectively any orders, invoices, despatch notes, receipts or similar that may be in hard copy or electronic form;
"System" means any online communications infrastructure that J.L.Motorace LTD makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users" means any third party that accesses the Website and is not employed by Motorace LTD and acting in the course of their employment; and
"Website" means the website that you are currently using (www.motorace.com.cy) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
These Terms and Conditions also apply to customers buying Goods in the course of business.
4. Intellectual Property
Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of J.L.Motorace LTD, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that applicable Cyprus and European laws protect such material.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by J.L.Motorace LTD.
5. Third Party Intellectual Property
All intellectual property rights (including copyright, patents, and trade marks, logos, service marks, graphics, plans e.t.c) whether registered or not on the Site shall remain the property of The Company and no customer or other person shall, or shall attempt to obtain any title to such rights.
All Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable Information appearing on The Company is the copyright of The Company and must not be reproduced copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier without license otherwise it may result in civil and criminal penalties.
If you require any further information on permitted use, or a license to republish any material, email us at www.motorace.com.cy. You may not reproduce.
6.Links to Other Websites
This Website may contain links to other sites, which are operated by other people. Unless expressly stated, these sites are not under the control of J.L.Motorace LTD or that of our affiliates. That means that while you are visiting the Site, The Company therefore takes no responsibility directly or indirectly for and gives no warranties, guarantees or representations in respect of linked sites for any damage.
7. Use of Communications Facilities
When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
7.1 You must not use obscene or vulgar language;
7.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.3 You must not use our System for "spam" or "junk mail".
Information posted by you: You may place information on the Site or make it available to other users by e-mail only where and as permitted by The Company from time to time. The Company does not monitor, approve, endorse or exert editorial control over information posted by users and does not therefore accept responsibility for or make any warranties in connection with or recommend that you or any third party rely on such information. You agree to not post (or transmit) (i) any information which is objectionable including, without limit, information which is defamatory, obscene, threatening, untrue or in breach of any applicable laws, rules, regulations or market conventions, (ii) any information which is in breach of any person's rights (including without limit, copyright and confidentiality), (iii) any information or software which contains a virus, cancelbot, Trojan horse, worm or is otherwise harmful or (iv) any information which (in The Company opinion) constitutes advertising. The Company reserves the right to remove any such information from the services without warning and to inform and give assistance to the relevant bodies in respect of any transgressions. The Company accepts no responsibility for and gives no warranties in connection with any information posted on its site by its users. The Company recommends that you do not rely on such information. By placing a posting on the Site or making available to other users any information you hereby grant to The Company a worldwide non-exclusive license to use copy, distribute, publish and transmit such information in any manner which The Company wishes (including, without limit, archiving and making available such information as part of the Site).
8.1 To complete your purchases you may ask to create an Account, which will contain certain personal details, and Payment Information. By continuing to use this Website you represent and warrant that:
8.1.1 All information you submit is accurate and truthful;
8.1.2 You have permission to submit Payment Information where permission may be required; and
8.1.3 You will keep this information accurate and up-to-date.
8.2 It Your Account details, particularly your username and password should be not shared. J.L.Motorace LTD accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your Internet browser. In case you believe that your Account has been obtained by another without consent, you should contact J.L.Motorace LTD and request a new password immediately to suspend your Account and cancel any unauthorised purchases that may be pending. In the event that an unauthorised purchase is despatched prior to your notifying us of the unauthorised nature of the purchase, Motorace has no liability or responsibility. You should contact with the Carrier detailed in the Purchase Information.
For any reason you can cancel your order BEFORE purchase is despatched, you must contact us within 24 hours. If your order has not been sent, it will be cancelled and you will be refunded in full within 7 working days.
We accept Returns or exchanges only to product that does not meet the description or is not the actual stated product as advertised for sale. You can also require a refund for faulty/wrong goods. You can request refund within 15 days of the purchase date.
This means that you can return it to us in its original condition within 7 days of the date you cancelled the item, unopened with all seals, packaging and shrink-wrap intact and we will issue a full refund or credit note for the price you paid for the item.
Please note that you will be responsible for the costs of returning the goods to us unless we delivered the item to you in error, or if the item is faulty. Please package the relevant item securely in at least the packaging it was received and send it to us with a copy of your invoice.
If a mistake has been made please contact us immediately to authorise the return. Please DO NOT MAIL US THE ITEM BACK UNTIL YOU HAVE CONTACTED US AND YOUR RETURN HAS BEEN AUTHORIZED. We make it clear that we do not accept returns without the RMA # code (Return Management Authorization Number). YOU should add this code on the outside of the box when it is delivered to us. In case the order dispatched includes product(s) other than those specified in the order you have submitted then full refund will be provided or the correct item(s) will be sent without any additional charge. Refunds will be made within 30 days of the purchase date.
Please note that we do not accept exchange or refund for any item, which has been used or is not in the exact condition in which it was dispatched by us.
All returns must be sent back to us at our contact address at your own cost and risk unless otherwise stated.
- Claims for damaged goods must be made within 24 hours of product receipt, therefore please inspect goods immediately.
- Signing for goods accepts the goods into your care, and that they have been received complete and in undamaged packaging. You have the right to refuse damaged or incomplete parcels.
10. Goods, Pricing and Availability
10.1 Motorace always ensures that all Good’s representations and descriptions available at J.L.Motorace LTD correspond to the actual Goods, however J.L.Motorace LTD is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether.
10.2 During your purchases you may require to select size, model, colour, type or number of the Goods that you are purchasing. J.L.Motorace LTD does not represent or warrant that such Goods will be available. Stock indications are provided on the Website however these may not take into account sales that have taken place during your visit to the website. In the event that the indicator of stock availability is Low we do not guarantee availability for that product. In such a case the specific product will be ordered and dispatched within 30 days.
10.3 Price is subject to change without notice. J.L.Motorace LTD reserves the right to change prices and alter or remove any special offers from time to time and as necessary. Pricing information is reviewed and updated daily.
10.4 In the event that prices change during the period between an order for Goods is placed and J.L.Motorace LTD processes the order, then the effective price isthe price effective on the transaction day.
10.5 All prices on the Website DO include VAT. All Purchases within European union applies to Cypriot VAT rate of 19%.
11.1 J.L.Motorace LTD will notify you with an email notification when your goods are to be despatched to you. The message will contain details of the courier services used as well as your tracking number.
11.2 J.L.Motorace LTD has no responsibility for any damage or loss during transits. You can add extra insurance to your products to cover your order. To add extra insurance, please contact us.
12. Returns Policy
J.L.Motorace LTD aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
12.1 Orders can be cancelled BEFORE goods are dispatched. In this event you must contact us within 24 hours. If your order has not been dispatched, it will be cancelled and you will be refunded in full within 7 days.
We accept Returns or exchanges only if you receive Goods that do not meet the description or are not the actual specified product as advertised for sale. You can also require a refund for faulty/wrong goods. You can request refund within 15 days after the order has been completed
12.2 J.L.Motorace LTD is not responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
If a mistake has been made please contact us immediately to authorise the return. Please DO NOT MAIL US THE ITEM BACK UNTIL YOU HAVE CONTACTED US AND YOUR RETURN HAS BEEN AUTHORIZED. We make it clear that we do not accept returns without the RMA # code (Return Management Authorization Number). YOU should add this code on the outside of the box when it is delivered to us. . In case the order dispatched includes product(s) other than those specified in the order you have submitted then full refund will be provided or the correct item(s) will be sent without any additional charge. Refunds will be made within 30 days. Please note that we do not accept exchange or refund for any item, which has been used or is not in the exact condition in which it was dispatched by us.
All returns must be sent back to us at our contact address at your own cost and risk unless otherwise stated.
12.3 If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to J.L.Motorace LTD within 10 days and arrange collection and return. Motorace is not responsible for paying shipment costs neither to replace the items.
If you wish to return Goods to J.L.Motorace LTD for any of the above reasons, please contact us using the details on the Contact form.
By accepting these terms and conditions, you are giving consent to J.L.Motorace LTD to place cookies on your computer or device. Cookies can be removed or enabled from your computer any time. More information can be found here.
15.1 J.L.Motorace LTD makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
15.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
15.3 Whilst J.L.Motorace LTD uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
15.4 J.L.Motorace LTD accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
16 Limitation of Liability
16.1 To the maximum extent permitted by law, J.L.Motorace LTD accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
16.2 Nothing in these Terms and Conditions excludes or restricts Motorace’s liability for death or personal injury resulting from any negligence or fraud on the part of J.L.Motorace LTD .
16.3 Nothing in these Terms and Conditions excludes or restricts J.L.Motorace LTD 's liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
For Products that come with Manufacturer warranties, the buyer should accept The Terms and Conditions of Good’s warranties. The Buyer should accept that the manufacturer should no longer warrant Goods adapted or modified by the purchaser nor shall J.L.Motorace LTD be liable for any failures as a result of such modification.
18. No Waiver
If you breach the terms and conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the terms and conditions.
19. Third Party Rights
othing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and J.L.Motorace LTD.
20. Governing Law
The terms and conditions together with all our policies and procedures will be governed by and construed in accordance the Cyprus Law and the competent court of Cyprus will have exclusive jurisdiction. More specifically, the issues relating to e Commerce Law L156(I)/2004 and Amendment Law L97(I)/2007, this law acts in conformity with the EU Directive 200/31/EC which promotes freedom of electronic information between the Member States. Therefore, any disputes within the Republic of Cyprus should be resolved accordingly. Furthermore, directions could be drawn from the article 103(i)/2007 of Cyprus’s law and the EU Directive 97/7/EC on the protection of consumers in respect of distance contracts; and from the EU Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market.
21. Choice / opt out
You may choose to have your name removed from the Company e-mail list or have the Company not provide your information to others in the future by (1) sending an e-mail to the copyright agent mentioned below, or by (1) following instructions as provided in any e-mail message from a Company representative.
We are also not responsible for failure to meet any of our obligations under the terms and conditions where such failure is due to events which are beyond our reasonable control.
J.L.Motorace LTD is a Privately held Company, Registered in Cyprus.
Their offices are located at 1, Kallipoleos, 1055 Nicosia, Cyprus. Telephone +357 22 752234 and e-mail. firstname.lastname@example.org
23. How the Contract is Formed Between You and Us
23.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
23.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.3.
23.3 We will confirm our acceptance to you by sending you an e-mail (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.
23.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
24. How the Contract is Formed Between You and Us
24.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
24.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 24.3.
24.3 We will confirm our acceptance to you by sending you an e-mail (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.
24.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
25. Our Right to Vary these Terms
25.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how we accept payment from you;
(b) changes in relevant laws and regulatory requirements;
(c) where it is reasonably necessary, we may change the courier/postal service selected by you for delivering the Products to a different courier/postal service provided that they deliver a materially similar service to the one selected by you.
25.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
25.3 Whenever we revise these Terms in accordance with this clause 25, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
Company Registration Number HE181628, VAT Registration 10181628B