1. Subject of the General Terms and Conditions
These General Terms and Conditions govern all Online Shop purchase contracts concluded between the customer and Motion Drivetronics P. Ltd.
The version of the General Terms and Conditions that is valid on the date the contract is concluded shall apply.
The customer is advised to read through these General Terms and Conditions before submitting an order and to print a copy thereof or to download and save a copy in the form of a PDF document.
Any conflicting or deviating terms and conditions of the customer will not form part of the contract, unless this has been approved explicitly and in writing by Motion Drivetronics P. Ltd.
We thank you and appreciate your purchase with us. Please read the policy, conditions and process carefully as they will give you important information and guidelines about your rights and obligations as our customer, concerning any purchase you make through us unless specifically stated otherwise on our product pages. We make every effort to service the order/s placed with us as per the specifications and timelines mentioned against each product. If due to any reason, unavoidable circumstances the order is not shipped then the order shall be cancelled and refunded. In the event the order/product is delivered and has been cancelled for refund due to product fault, delivery of wrong product, partial product, etc the refund is processed. The order may be cancelled before shipment due to any of the following reasons:
The orders may be cancelled post shipment and delivery due to any of the following reasons:
Caution: Please do not accept delivery of any item whose packaging is damaged or tampered with in any manner.
Caution: Please ensure to pack the product properly before handling it over to courier.
A refund can be refused if the following conditions are met.
* Note Working Days are Monday To Friday excluding holidays
Please note: You can check the status of your refund in Your Account on the order's summary page.
2. User account
Insofar as the customer wishes to conclude purchase contracts with Motion Drivetronics P. Ltd via the Online Shop, he/she must register and set up a user account.
The customer must provide truthful information about his/her personal particulars and also keep the access data secret and refrain from disclosing them to third parties. Insofar as the customer sets up a user account for business customers, he/she confirms that he/she is entitled to open a user account in the name of the business customer. Motion Drivetronics P. Ltd reserves the right to delete a user account at any time and without stating reasons or to block access to the user account.
Motion Drivetronics P. Ltd stores the order data and additionally sends the user a summary of the order by email as part of the confirmation of receipt of the order. The customer can also view the order data in the user account.
3. Contracting parties and sales territory
Motion Drivetronics P. Ltd concludes purchase contracts via its Online Shop with private customers (in their capacity as “consumers”) who have the capacity to act and are at least 18 years old, as well as with corporate customers. By submitting an order, the private customer confirms that he/she has reached the age of majority and is entitled to conclude a contract with Motion Drivetronics P. Ltd. The customer who places an order in the name of a business customer likewise declares that he/she has authority to place orders in the name of the business customer.
If Motion Drivetronics P. Ltd concludes a contract with a customer who does not have the capacity to act and conclude contracts, or who is domiciled or resident outside the sales territory of Motion Drivetronics P. Ltd, owing to a mistake or because the customer provided inaccurate information, Motion Drivetronics P. Ltd reserves the right to withdraw from the contract.
4. Order volume
The order volume for certain Online Shop products is limited to a maximum of 49 units per product, per order.
If the customer wishes to order 50 or more units of an individual product, he/she is requested to contact Motion Drivetronics P. Ltd or the its representative in his/her country of residence. Alternatively, the customer can still place the order via the Online Shop, but only those orders with a volume not exceeding 49 units will be processed in accordance with these General Terms and Conditions. Orders with a volume exceeding 49 units will be processed by Motion Drivetronics P. Ltd as a request for a quotation. Motion Drivetronics P. Ltd will then contact the customer regarding the request for a quotation.
5. Conclusion of contract
All product information available from the Online Shop, such as technical data, pictures, measurements or information on the field of application and specifications etc. is non-binding and subject to change at any time unless it is explicitly described as binding.
The range of products available from the Online Shop is non-binding. The customer selects the required products from this range and adds these to the shopping cart. The customer can change the contents of the shopping cart or empty the shopping cart partly or entirely before the order is submitted. The customer orders the products in the shopping cart by clicking on the "Order with obligation to pay" button, thereby submitting a binding offer for the conclusion of a contract to Motion Drivetronics P. Ltd. At the same time, the customer accepts these General Terms and Conditions.
Motion Drivetronics P. Ltd confirms receipt of the order with an automatic e-mail. However, this confirmation of receipt does not serve as Motion Drivetronics P. Ltd acceptance of the offer.
The contract is not concluded until an order confirmation or a dispatch confirmation is sent or the product is delivered the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
6. Cancellation :
We do not accept cancellation of order once the payment has been processed.
7. Delivery deadlines and delivery
General delivery times will depend on the geographical area and will be displayed at the time of purchase. However to generalize, deliveries in India will be made in 3-5 working days, and other part of world will take 7-10 days under normal circumstances.
Company accepts no liability if the delivery is delayed by more than 30 days after conclusion of the contract, the customer is entitled to withdraw from the contract. The customer may notify Motion Drivetronics P. Ltd of withdrawal from the contract by letter, fax or e-mail sent to customer service.
In the event of non-availability of the ordered goods, Motion Drivetronics P. Ltd reserves the right to withdraw from the contract after the order has been confirmed. In that case, the customer shall be notified immediately of the non-availability of the ordered goods. Any payments made by the customer before this time shall be refunded immediately.
If the customer fails to accept the delivery or violates any other obligations to cooperate, Motion Drivetronics P. Ltd is entitled to invoice the customer for the resulting loss and any additional costs caused by the default of acceptance.
The customer must check the delivered products at the time of delivery for damage caused during transport and manifest defects which must be documented. In addition, the customer must make sure, upon receipt of the delivery, that the latter is complete and contains the ordered products. Any variations, transport damage and manifest defects must be notified to Motion Drivetronics P. Ltd without delay, but no later than within 7 days of delivery, in writing (by e-mail, fax or letter) to customer service (see Sec. 12 below).
A breach of the above obligation to notify does not influence any mandatory statutory warranty claims of the consumer.
8. Prices and dispatch costs
The price is determined by the date of the order.
Dispatches within India : The prices provided by the Online Shop are inclusive of GST and exclusive of delivery and dispatch costs. The customer receives an order overview before finalizing the order which states the final price of the order including delivery and dispatch costs and – depending on the place of business or residence of the customer – inclusive of GST and of any applicable taxes.
Dispatches outside India : For deliveries abroad (outside India), billing may be effected without stating any customs duties and other charges; the customer’s attention shall be drawn to this fact in the ordering procedure. These taxes, duties and other fees and charges are to be settled by the customer, on the basis of the statutory provisions applicable at his place of residence, directly to the responsible entity or authority at his place of residence.
If in the case of deliveries abroad (outside India) the withdrawal pursuant to Section 6 involves taxes or charges, associated with the return of the goods across a border, for which Motion Drivetronics P. Ltd is liable and which cannot be otherwise refunded, Motion Drivetronics P. Ltd may ask the customer to pay such costs or deduct them from the purchase price which is to be refunded.
9. Reservation of ownership
The delivered goods remain the property of Motion Drivetronics P. Ltd until the customer pays all outstanding invoices.
10. Customer care
Motion Drivetronics P. Ltd can be contacted at the following address if you have any questions regarding our products and our Online Shop:
Motion Drivetronics P. Ltd
e-Shop Sales : Tel - +91227685018/19 Ext - 111 ; +917506994708 Time : 10.00-17.30 Mon-Sat email – email@example.com
Motion Drivetronics P. Ltd provides the statutory warranty of quality and title for all newly manufactured goods for a period of One year from the date of delivery. This does not apply to the following cases of improper use or for defects deriving from non-compliance with the standard specifications for Motion Drivetronics P. Ltd products. The standard specifications form an integral part of these General Terms and Conditions.
Motion Drivetronics P. Ltd can choose whether it wants to remove the defects or deliver a replacement. The customer has to notify all warranty claims to Motion Drivetronics P. Ltd's
Customer care. In the order confirmation Motion Drivetronics P. Ltd does not provide any warranties for defects deriving from improper use (in particular: the use of force; wrong cabling; use counter to the specifications, in particular the standard; electrical or mechanical overloading; etc.) or from natural wear and tear, unless the customer can prove that the defects resulted from misleading user instructions. Motion Drivetronics P. Ltd's liability is excluded if any repairs or other manipulations are done by someone other than Motion Drivetronics P. Ltd or its authorized representatives.
12. Intellectual Property
The use of the pdf and dxf files and other information made available in the online shop is allowed as a matter of principle for the purpose of development and planning with regard to integration of Motion Drivetronics P. Ltd's products. Copyright notices, logos etc. must be retained under all circumstances. Any use beyond that is forbidden and requires the prior written consent of Motion Drivetronics P. Ltd. Any further intellectual property rights of third parties shall remain reserved.
With reference to the software products made available with the purchased objects, the end user license provisions of those software
products shall likewise apply. By installing or using the software products, the customer specifically acknowledges their validity.